Section 5 of the Civil Procedure Code clarifies the extent to which the Code applies to Revenue Courts. It states that the Code shall not apply to Revenue Courts except where specifically provided by the provincial government through notification in the official gazette. This ensures that specialized revenue matters follow their own procedural laws unless the government deems otherwise.
4382
What is the subject matter of Order L of the Code of Civil Procedure (CPC)?
Order L of the Code of Civil Procedure, 1908, specifically addresses the application of the Code to Provincial Small Cause Courts. It outlines which provisions of the CPC are applicable to these courts and which are excluded, ensuring that the procedural framework for small claims remains streamlined and efficient compared to standard civil litigation.
4383
What is the primary scope of Order XLVIII of the Code of Civil Procedure?
Order XLVIII of the Code of Civil Procedure is titled 'Miscellaneous'. It provides the procedural framework for various administrative and ministerial acts within the court, such as the service of processes, which do not fall under the substantive categories of suits, appeals, or revisions.
4384
Which section of the Limitation Act, 1908, allows for the exclusion of time spent in proceedings conducted in good faith before a court lacking jurisdiction?
Section 14 of the Limitation Act, 1908, provides for the exclusion of time during which a plaintiff has been prosecuting with due diligence another civil proceeding, whether in a court of first instance or of appeal, against the defendant, where the proceeding is founded upon the same cause of action and is prosecuted in good faith in a court which, from defect of jurisdiction, is unable to entertain it.
4385
What term describes the authority of a court to act in the interest of justice when no specific statutory provision exists in the C.P.C.?
Section 151 of the Code of Civil Procedure recognizes the inherent powers of the court. These powers are not created by the Code but are preserved by it, allowing the court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the court.
4386
What is the legal definition of the term 'Pledge'?
A pledge is a bailment of goods as security for payment of a debt or performance of a promise. The pledgor delivers the possession of the goods to the pledgee, who retains them until the obligation is fulfilled. It is a form of collateral used to secure a contractual agreement.
4387
What category of cases is governed by Order XXXVII of the Code of Civil Procedure?
Order XXXVII of the Code of Civil Procedure establishes a specialized, expedited procedure for suits based on negotiable instruments such as bills of exchange, hundis, and promissory notes. This summary procedure is designed to ensure that claims based on these liquid instruments are resolved quickly without the delays associated with ordinary civil litigation, provided the defendant cannot show a valid defense.
4388
What is the primary purpose of Section 5 of the Limitation Act?
Section 5 of the Limitation Act allows the court to admit an appeal or application after the prescribed period of limitation has expired, provided the appellant or applicant satisfies the court that they had sufficient cause for not preferring the appeal within the time limit.
4389
To which of the following courts is the Code of Civil Procedure (CPC) not applicable?
The Code of Civil Procedure, 1908, is specifically designed to regulate the procedure in civil courts. Criminal courts operate under the Code of Criminal Procedure (CrPC), which provides the framework for criminal trials and investigations. Therefore, the CPC does not govern the proceedings of criminal courts.
4390
Where multiple courts have jurisdiction and are subordinate to the same appellate court, to whom should an application under Section 22 of the CPC be submitted?
Section 22 of the Code of Civil Procedure deals with the power to transfer suits which may be instituted in more than one court. When the courts involved are subordinate to the same appellate court, the application for transfer must be made to that common appellate court, which has the authority to decide which court is the most appropriate forum for the litigation.