40 Most Important Short Questions & Answers | Code of Civil Procedure (CPC)

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A quick and simple guide covering the 40 most important CPC questions and answers every law student must know. This blog helps in viva, exams, and interview preparation. Also downloadable file attached.

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Introduction

The Code of Civil Procedure, 1908 (CPC) is one of the most essential procedural laws for every law student. It tells us how civil courts work, how suits begin, how trials are conducted, and how decrees are executed. For exams, viva, and interviews, short questions from CPC are very common. This blog gives you 40 most important short questions with easy answers to strengthen your basics.

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1–10: Basics of CPC

1. What is the object of CPC?
   To provide a uniform procedure for civil courts.
2. Is CPC procedural or substantive?
   Procedural law.
3. What is a decree?
   Final decision of the court determining rights of parties.
4. What is an order?
   Decision of a court that is not a decree.
5. What is a judgment?
   Judge’s reasoning behind the decree or order.
6. What is a plaint?
   The written document by which a suit is filed.
7. What is a cause of action?
   A bundle of facts giving rise to the right to sue.
8. Which courts follow CPC?
   All civil courts except small causes courts and tribunals.
9. When did CPC come into force?
   1st January 1909.
10. What are pleadings?
    Written statements of parties (plaint + written statement).

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11–20: Jurisdiction & Institution

11. What is Section 9 about?
    Civil courts can try all civil suits unless barred.
12. Types of jurisdiction?
    Territorial, pecuniary, subject-matter, original/appellate.
13. What is res sub judice?
    Stay of a suit when the same matter is already pending.
14. What is res judicata?
    A matter once decided cannot be reopened.
15. What is a caveat?
    A notice to prevent ex parte orders.
16. What is the limitation to file WS?
    30 days (extendable to 90).
17. Can a suit be filed orally?
    No, must be filed by a plaint.
18. What is return of plaint?
    Sending plaint to proper jurisdiction court.
19. What is rejection of plaint?
    Dismissal of plaint at the threshold (O7 R11).
20. What are summons?
    Notices sent to parties to appear.

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21–30: Trial Process

21. What is framing of issues?
    Identifying points of dispute.
22. What is burden of proof?
    Duty to prove one’s case.
23. What is a summary suit?
    Fast-track money suit under Order 37.
24. What is an ex parte decree?
    Decree passed in defendant’s absence.
25. Who is a commissioner?
    Person appointed to assist court (e.g., inspections).
26. What is an injunction?
    Court order to do or stop doing something.
27. What is discovery and inspection?
    Exchange of documents between parties.
28. What is a counterclaim?
    Defendant’s claim against plaintiff.
29. What is an amendment of pleadings?
    Change or correction in plaint or WS.
30. What is compromise decree?
    Decree passed based on settlement.

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31–40: Execution & Appeals

31. What is execution?
    Enforcement of a decree.
32. Which order deals with execution?
    Order 21.
33. What is a garnishee order?
    Order requiring third party to pay decree-holder.
34. What is a first appeal?
    Appeal on facts and law.
35. What is a second appeal?
    Only on substantial question of law.
36. What is review?
    Same court re-examines its own order.
37. What is revision?
    High Court checks jurisdictional errors.
38. What is remand?
    Sending case back to lower court.
39. What is inherent power of court?
    Powers under Section 151.
40. What is cross-examination?
    Questioning of witness by opposite party.

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Conclusion

These short questions help you revise CPC quickly and build strong fundamentals. For interview preparation, knowing these basics gives you a big advantage. If you want more Q&A from Evidence Act, IPC, CrPC, or Contract Act, feel free to ask!

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