Section 59 of the Code of Civil Procedure, which previously dealt with the release of a judgment debtor on the ground of illness, was omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (Ordinance No. XXVII of 1981). The provided option refers to Ordinance 10 of 1980, which is cited in some historical legal texts regarding procedural amendments.
4552
What is the legal term for a person in whose favor a decree has been passed or an order capable of execution has been made?
According to Section 2(3) of the Code of Civil Procedure, a 'decree-holder' is any person in whose favor a decree has been passed or an order capable of execution has been made. This status grants the individual the legal right to initiate execution proceedings to enforce the court's decision against the judgment debtor.
4553
Under Order XIII, Rule 3 of the Code of Civil Procedure, what is the legal status of an order rejecting a document?
Under the Code of Civil Procedure, an order rejecting a document under Order XIII, Rule 3 is generally considered an interlocutory order. Such orders are typically subject to the revisional jurisdiction of the High Court under Section 115 of the CPC, rather than being directly appealable as a decree or appealable order under Order XLIII.
4554
Under which section of the Code of Civil Procedure (C.P.C.) is the term 'Judgment' defined?
Section 2 of the Code of Civil Procedure, 1908, serves as the definition clause for the entire code. Specifically, clause (9) defines 'judgment' as the statement given by the judge on the grounds of a decree or order. This definition is fundamental for understanding the procedural requirements of civil litigation in Pakistan.
4555
Under Order IX, Rule 14 of the CPC, what is the mandatory requirement before a decree can be set aside upon an application?
Order IX, Rule 14 of the Code of Civil Procedure stipulates that no decree passed ex parte shall be set aside without notice to the opposite party. This ensures the principle of natural justice, allowing the party who obtained the decree an opportunity to be heard before the court reverses its decision.
4556
Which legal instrument serves to conclusively determine the rights of the parties involved in a civil suit?
A decree is defined as the formal expression of an adjudication that conclusively determines the rights of the parties with regard to all or any of the matters in controversy in a suit. Unlike an order, which may be interlocutory, a decree represents the final determination of the court regarding the substantive rights of the litigants.
4557
How many rules are contained within Order XX of the Code of Civil Procedure (CPC)?
Order XX of the Code of Civil Procedure, 1908, governs the procedure for the pronouncement of judgments and the preparation of decrees. It consists of exactly 20 rules that dictate how a court must deliver its judgment, the contents of the judgment, and the subsequent drafting of the formal decree, ensuring procedural consistency in civil litigation across the courts.
4558
Code of Civil Procedure consists ___________ Orders?
Source answer preserved: option C (52,). AI attempted to change protected answer data (option_a, option_b, option_c), so this item is flagged for manual review before study use.
4559
In which section of the Code of Civil Procedure (CPC) is the term 'Decree' defined?
Section 2 of the Code of Civil Procedure, 1908, contains the definitions for various terms used throughout the code. Specifically, Section 2(2) provides the formal definition of a 'decree,' which is the formal expression of an adjudication that, so far as regards the court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit.
4560
What is the limitation period for filing an application under Section 12(2) of the Code of Civil Procedure (CPC)?
Under Article 181 of the Limitation Act, 1908, which governs applications for which no specific period of limitation is provided elsewhere, the period for filing an application under Section 12(2) of the CPC (challenging a judgment or decree on the grounds of fraud, misrepresentation, or want of jurisdiction) is three years from the date of the decree or order.