Explanation

As per Section 2(14) CPC 1908, an order is the formal expression of any decision of a Civil Court that is not a decree.

It distinguishes orders from decrees, which conclusively determine the rights of the parties.

Explanation

Order XLI Rule 3(2) CPC 1908 requires the court to give reasons when rejecting a memorandum of appeal.

This provision ensures transparency and allows the appellant to understand the basis of rejection.

Explanation

Order XLIII Rule 36 CPC 1908 provides that certified copies of judgment and decree in appeal can be obtained by parties.

These copies are furnished upon application to the Appellate Court and at the parties’ expense.

Explanation

Section 16(f) CPC specifies that suits for recovery of moveable property under distraint or attachment must be filed where the property is located.

This ensures jurisdiction is tied to the property's actual location at the time of the dispute.

Explanation

As per Section 2(18) CPC 1908, rules refer to those contained in the First Schedule or made under Sections 122 or 125.

These rules provide the procedural framework and forms for conducting civil proceedings.

Explanation

According to Explanation V of Section 11 CPC 1908, any relief claimed but not expressly granted by the decree is considered refused.

This clarifies that only the relief specifically granted in the decree is enforceable.

Explanation

As per Section 2(9) CPC 1908, judgment is the statement by the judge explaining the grounds of a decree or order.

It provides the reasoning behind the court’s decision, ensuring transparency and understanding of the ruling.

Explanation

Under Order XLI Rule 29 CPC 1908, when additional evidence is permitted, the Appellate Court specifies the points to which it is confined.

The court must record these points in its proceedings to ensure clarity and proper evaluation of evidence.

Explanation

• As per Order XXXIX Rule 5 CPC 1908, the provision deals with injunctions directed to corporations.
• An injunction is a court order that restrains a party from doing a specific act.

Last updated on NS-16-April-2026

Explanation

• As per Order VIII Rule 6(3) CPC 1908, provisions regarding written statements also apply to specific defensive claims.
• A set-off is a claim by the defendant to reduce the plaintiff’s demand.
• A counterclaim is an independent claim made by the defendant against the plaintiff.

Last updated on NS-16-April-2026