Category Archives: Civil Procedure

The Civil Procedure Code is a procedural law related to the administration of civil proceedings. Law Bites provides you with study material to solve all your questions related to code.

What is an order? What are the differences and similarities between an order and a decree?

Question: What is an order? What are the differences and similarities between an order and a decree? Find the answer to the mains question only on Legal Bites. [What is an order? What are the differences and similarities between an order and a decree?] Answer The term Order has been defined under section 2 (14), of the Civil……...

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Examine whether the decree is preliminary or final in the following case: ‘X’ the mortgagee of the house brings a suit against ‘Y’…the decree is passed in favour of ‘X’.

Question: Examine whether the decree is preliminary or final in the following case: ‘X’ the mortgagee of the house brings a suit against ‘Y’, the mortgagor, for foreclosure of the mortgage and the decree is passed in favour of ‘X’. Find the answer to the mains question only on Legal Bites. [Examine whether the decree is preliminary or……...

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What is the distinction between an illegal decree and a void decree? Can a void decree be challenged in collateral proceedings?

Question: What is the distinction between an illegal decree and a void decree? Can a void decree be challenged in collateral proceedings? Find the answer to the mains question only on Legal Bites. [What is the distinction between an illegal decree and a void decree? Can a void decree be challenged in collateral proceedings?] Answer A decree is……...

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What sort of preliminary decree is passed in a suit for redemption of mortgage?

Question: What sort of preliminary decree is passed in a suit for redemption of mortgage? Find the answer to the mains question only on Legal Bites. [What sort of preliminary decree is passed in a suit for redemption of mortgage?] Answer The present question is related to Order 34, Rule 7. In this case, the Court shall pass……...

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Is the following order a decree: “An order imposing cost”.

Question: Is the following order a decree: “An order imposing cost”. Find the answer to the mains question only on Legal Bites. [Is the following order a decree: “An order imposing cost”.] Answer In the case of Babu Khan v. Smt. Annapurna Devi & Ors AIR 1983 Allahabad 460, Hon’ble Justice Jagat Narayan observed- “With the highest respect,……...

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Is the determination of a question under Section 144 (Application for Restitution) a decree? Give reasons in support of your answer.

Question: Is the determination of a question under Section 144 (Application for Restitution) a decree? Give reasons in support of your answer. Find the answer to the mains question only on Legal Bites. [Is the determination of a question under Section 144 (Application for Restitution) a decree? Give reasons in support of your answer.] Answer Section 144 enables……...

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Is the rejection of a plaint, a decree? Give reasons for your answer.

Question: Is the rejection of a plaint, a decree? Give reasons for your answer. Find the answer to the mains question only on Legal Bites. [Is the rejection of a plaint, a decree? Give reasons for your answer.] Answer According to Section 2(2) of CPC, 1908, “decree” means the formal expression of an adjudication which, so far as regards……...

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Is Civil Procedure Code a procedural law or substantive law?

Question:  Is Civil Procedure Code a procedural law or substantive law? Find the answer to the mains question only on Legal Bites. [Is Civil Procedure Code a procedural law or substantive law?] Answer Laws can be divided into two groups- Substantive Law Adjective or procedural Law. Substantive laws determine the rights and liabilities of parties whereas adjective or……...

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