10 questions in AIBE

Code of Civil Procedure (CPC)

Procedure for civil courts, suits, appeals, execution of decrees, interlocutory orders, and miscellaneous proceedings.

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Which of the following statements regarding contribution among co-judgment debtors is accurate under CPC?

a.The court automatically adjusts contribution among co-judgment debtors during execution

b.A co-judgment debtor who pays the entire decree amount has an independent right to contribution from other judgment debtors through a separate suit

c.Contribution is a matter to be settled privately between judgment debtors outside court

d.The decree-holder is responsible for ensuring equitable distribution among co-judgment debtors

A decree is passed against X, Y, and Z (partners in a firm) for breach of contract. During execution, Y becomes insolvent. Can execution proceed against X and Z for the full decretal amount?

a.No, execution must stop until Y's insolvency is resolved

b.Yes, X and Z remain fully liable for the entire decree amount due to joint and several liability

c.Only for two-thirds of the decree amount, since Y cannot pay

d.Yes, but only after the insolvency proceedings of Y are concluded

Under CPC 1908, when multiple persons are made judgment debtors in a single decree, what is the nature of their liability for execution?

a.Each co-judgment debtor is liable to execute the entire decree jointly and severally

b.Each co-judgment debtor is liable only for their proportionate share of the decree amount

c.Only the first-named judgment debtor is liable for execution

d.Co-judgment debtors are liable only if they were joint tortfeasors

A judgment decree names A, B, and C as judgment debtors for a sum of ₹10 lakhs. The decree-holder issues execution against A who has no assets. Can the execution be pursued against B and C for the full amount?

a.No, each must pay only ₹3.33 lakhs as per equal division

b.Yes, the full amount can be recovered from either B or C due to joint and several liability

c.Only if B and C were named as co-defendants in the original suit

d.Only with permission of the court and only for their proportionate share

In execution proceedings, when property of one judgment debtor is attached and sold, but the proceeds fall short of the decree amount, what is the legal position regarding other co-judgment debtors?

a.The decree is partially satisfied and cannot be pursued further

b.The decree-holder can still pursue other judgment debtors for the full decretal amount less the amount realized

c.The decree-holder can pursue other judgment debtors for the entire decretal amount; the prior realization does not reduce their liability

d.Other judgment debtors are liable only for the shortfall amount

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Key Topics in Code of Civil Procedure (CPC)

Jurisdiction and SuitsHIGH

Territorial, pecuniary, and subject-matter jurisdiction; res judicata (Section 11); res sub-judice (Section 10); place of suing; return and rejection of plaint; inherent powers of court under Section 151

Parties to Suit, Pleadings and PlaintHIGH

Joinder of parties, misjoinder, necessary and proper parties; rules of pleading; particulars of plaint; written statement; set-off and counter-claim; amendment of pleadings under Order VI Rule 17

Interim Orders: Injunctions, Attachment and ArrestHIGH

Temporary injunctions under Order XXXIX; interlocutory orders; appointment of receivers; attachment before judgment under Order XXXVIII; arrest before judgment; balance of convenience and irreparable injury tests

Decree, Judgment and OrderHIGH

Definition and types of decree (preliminary, final, deemed); definition of judgment and order; drawing up and dating of decrees; interest on decrees under Section 34; costs under Section 35

AppealsHIGH

First appeal under Section 96; appeal from orders under Section 104 and Order XLIII; second appeal under Section 100 and the substantial question of law requirement; appeals to Supreme Court; no appeal in certain cases; limitations on appeals

Execution of DecreesHIGH

Courts executing decrees; modes of execution; execution against legal representatives; arrest and detention in civil prison; attachment and sale of property; precepts; stay of execution; satisfaction of decree

Summoning, Discovery and InspectionMEDIUM

Summoning and service of summons; modes of service; substituted service; discovery and inspection of documents under Order XI; interrogatories; production of documents; admission of documents

Trial Procedure: Issues, Evidence and HearingMEDIUM

Framing of issues under Order XIV; types of issues (fact and law); examination of witnesses; commission for examination; adjournments under Order XVII; ex-parte proceedings and setting aside ex-parte decree

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