CPC Preamble to section 12 , & 15-20 [Short Notes]

CPC Preamble to section 12 and its sections 15 to 20 are the important sections of Civil Procedure Code because all the important definitions are provided in these sections. For the Law GAT students, these sections are more important because the examiner always try to ask the more than two to four multiple choice questions from these sections.

Some important tips and sections:

CPC enacted on	21 March 1908
CPC enforced on	1st January 1909
Total sections	158
Total Parts	XI (11)
Total Orders	52
Decree section	Section 2(2)
Decree holder section	Section 2(3)
Judgment section	Section 2(9)
Legal representative	Section 2(11)
Mense Profit	Section 2(12)
Order	Section 2(14)
Revenue Courts section	Section 5
Pecuniary Jurisdiction	Section 6
Civil Courts are court of Ultimate Jurisdiction	Section 9
Res-judicata define	Section 11
Validity of Judgment, order, and Decree	Section 12(2)
Every suit is instituted in the lowest competent court	Section 15
Procedure of suit for uncertain jurisdiction	Section 18
Suit for compensation on movable and personal wrong	Section 19
Objection to the jurisdiction of court raised in court of first instance	Section 21

Quiz TEST 1:

important Quiz from MCQ’s Test 1

1	The name of the legal code that governs civil courts is called _______.	2	The CPC was enacted on _____.
3	The CPC was enforced on ______.	4	There are ______ sections in the CPC.
5	The CPC is divided into _______ parts.	6	CPC is composed of ______ Orders.
7	The CPC (Civil Procedure Code) does not apply _______ Courts.	8	A decree is an operative part of a _ in civil suits for appeals.
9	______ conclusively determines the rights of the parties.	10	A person in whose favour a decree has been passed or an order capable of execution has been made is called_________.
11	Any person against whom a decree has been passed or an order capable of execution has been made is called__________.	12	The statement given by the judge on the ground of a decree or order is called___________.
13	A person who, in law, represents the estate of a deceased person is called_______________.	14	The formal expression of any decision of a civil court that is not a decree is called___________.
15	A lawsuit of the ______ nature is one in which someone contested their legal right to property or office.	16	The doctrine that prevents the courts of concurrent jurisdiction from simultaneously entertaining and adjudicating upon two parallel suits in respect of the same cause of action and the same subject matter is known as________.
17	When can a person challenge the validity of a judgment, decree, or order on the grounds of fraud, misrepresentation, or want of jurisdiction?	18	________is a formal expression that determines the rights of parties conclusively in regard to any matter in controversy.
19	Civil courts are courts of__________ Jurisdiction in civil matters.	20	General law or Special law may be______ Bar on the Jurisdiction of civil courts.

CPC , Preamble to Section 12 ,15-20 Test 1

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Question 1

A lawsuit of the _______ nature is one in which someone contested their legal right to property or office.

A	Banking
B	Civil
C	Family
D	Criminal

Question 2

CPC is composed of _________ Orders.

A	42
B	52
C	22
D	11

Question 3

Any person against whom a decree has been passed or an order capable of execution has been made is called__________.

A	Judgement debtor
B	Order debtor
C	Judgement holder
D	Deere holder

Question 4

The formal expression of any decision of a civil court that is not a decree is called__________.

A	Order
B	Judgment
C	Decree
D	None of the above

Question 5

Civil courts are courts of__________ Jurisdiction in civil matters.

A	Optional
B	Ultimate
C	Instant
D	Immediate

Question 5 Explanation:

Section 9 of CPC

Question 6

When can a person challenge the validity of a judgement, decree, or order on the grounds of fraud, misrepresentation, or want of jurisdiction?

A	Only during an appeal process
B	By contacting a local ombudsman
C	By making an application to the same court that passed the judgement, decree, or order
D	Only by filing a separate lawsuit in a different court

Question 7

There are _________ sections in the CPC.

A	145
B	158
C	155
D	256

Question 8

The doctrine that prevents the courts of concurrent jurisdiction from simultaneously entertaining and adjudicating upon two parallel suits in respect of the same cause of action and the same subject matter is known as________.

A	Res Judicata
B	Estopple
C	Res Subjudice
D	Constructive Res-judicata

Question 9

________is a formal expression that determines the rights of parties conclusively in regard of any matter in controversy.

A	Decree
B	Judgment
C	Order
D	None of the above

Question 10

A decree is an operative part of a _____ in civil suits for appeals.

A	None of the above
B	Judgment
C	Order
D	Appeal

Question 11

The CPC was enforced on _________.

A	1st January , 1909
B	January 1, 1908
C	21 July 1907
D	21st March, 1908

Question 12

A person who, in law, represents the estate of a deceased person is called_______________.

A	Guardian
B	None of the above
C	Legal representative
D	Pleader

Question 13

The name of the legal code that governs civil courts is called ________.

A	Criminal Procedure Code
B	Code of Civil Process
C	Code of Civil Procedure
D	Civil Courts Act

Question 14

The statement given by the judge on the ground of a decree or order is called___________.

A	Order
B	None of the above
C	Judgment
D	Decree

Question 15

___________ conclusively determines the rights of the parties.

A	Order
B	Judgment
C	Decree
D	Appeal

Question 16

A person in whose favour a decree has been passed or an order capable of execution has been made is called_________.

A	Order holder
B	Decree defaulter
C	Decree debtor
D	Decree holder

Question 17

The CPC (Civil Procedure Code) does not apply ______ Courts.

A	Criminal
B	Civil
C	family
D	None of the above

Question 18

The CPC is divided into ________ parts.

A	XV
B	XII
C	XI
D	XIV

Question 19

The CPC was enacted on ___________.

A	1st July, 1999
B	21st May, 1908
C	1st March, 1908
D	21st March, 1908

Question 20

General law or Special law may be______ Bar on the Jurisdiction of civil courts.

A	unambiguous
B	Express
C	Implied
D	specific

There are 20 questions to complete.

Quiz TEST 2:

important Quiz from MCQ’s Test 2

1. The CPC’s provision on resubjudice is __.	2. Doctrine of Resubjudicata is applied when the matter in issue has been already__________.
3. Res-judicata is a __ term.	4. If the suit is pending in a foreign court then doctrine of_________ cannot be applied.
5. Res-judicata is involved where the matter in issue is _ on the same subject matter between the same parties.	6. Where the suit is already pending for adjudication then subsequent suit can be_________on the same matter.
7. The pendency of a suit in a foreign court amounts to no _ on the same cause of action in the courts of Pakistan.	8. A person challenges the validity of a judgment, decree, or order on the plea of ____________.
9. The validity of __ can be challenged on the grounds of fraud, misrepresentation, or want of jurisdiction.	10. There are ______________ types of res judicata.
11. In accordance with the _ Res-judicata, if any plea could have been taken during trial by respective parties but parties failed or did not raise, then such a party cannot be allowed to re-litigate the same matter.	12. Every suit shall be instituted in the Court of _________.
13. If an incompetent court passes a decree in a matter, it shall have ________effect.	14. Suits can be instituted where the subject matter is situated, as in the case of __.
15. A lawsuit against the defendant may be filed in *______* in the case of movable property.	16. Where the relief is required pertaining to the compensation for wrong to immovable property, then a suit can be instituted in ____________.
17. If the immovable property is situated under the jurisdiction of several courts, then a lawsuit may be filed in *_________*.	18. In civil cases, the statement made by the judge on the basis of the judgment is known as __.
19. Objection at the jurisdiction of the Court can be raised_____________.	20. Objection at the jurisdiction of the Court can be raised in _____.

Test Your Knowledge:

CPC , Preamble to Section 12, 15-20, Test 2

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Question 1

Where the suit is already pending for adjudication then subsequent suit can be_________on same matter.

A	Instituted
B	deserted
C	Rejected
D	abandoned

Question 2

The CPC's provision on resubjudice is ________.

A	insignificant
B	secondary
C	Mandatory
D	Optional

Question 3

In accordance with the ___________ Res-judicata, if any plea could have been taken during trial by respective parties but parties failed or did not raise, then such party cannot be allowed to re-litigate the same matter.

A	None of the above
B	Positive
C	Actual
D	Constructive

Question 4

Res-judicata is a ________ term.

A	English
B	German
C	Latin
D	French

Question 5

In civil cases, the statement made by the judge on the basis of the judgement is known as ______________.

A	Decree
B	Random statement
C	Judgment
D	Order