Civil Procedure Code
PREVIOUS YEAR IMPORTANT QUESTIONS
- (a) What are the provisions under Civil Procedure Code relating to suits by or against Government?
(b) Explain the meaning of the following terms:
- Decree
- Legal Representative
- Public Officer
- (a) Mention the persons entitled to exemption from personal appearance in court under the Civil Procedure Code.
(b) Explain the provisions relating to exemption from arrest under the Civil Procedure Code.
- (a) Write notes on any three of the following
- Temporary injunction
- Suit of Civil Nature
- Second appeals
- Stay of Suit
- Explain the principle of ‘res judicata’. How does it differ from ‘stay of suit’? Also state whether ‘res judicata’ applies to execution proceedings.
- Explain the essential ingredients of Summons. What are the different modes of service of summons to the defendant?
- Explain the provisions relating to raising of objection to the jurisdiction of the Court under the Code of Civil Procedure.
- What is an interpleader suit? Explain the circumstances in which such a suit may be instituted
- Give Brief description of rules contained in Order 33 of the Code of Civil Procedure, 1908.
- What is the difference between a revision and review. Which courts exercise the respective jurisdictions.
- Discuss the provisions of the Civil Procedure Code relating to First Appeal and Second Appeal.
- What are the provisions under the Civil Procedure Code relating to suits by or against Government?
- Which property is liable for attachment and sale in execution of a decree?
- Explain in detail different modes of execution of a decree under Civil Procedure Code.
- What are the provisions under the Civil Procedure Code relating to suits by or against Government?
- When trial of a suit is stayed by a Court and what is the doctrine of Res Judicata.
- What is representative suit? By whom and under which circumstances can such a suit be filed?
- Distinguish between Appeal, Revision, Review, Review and Reference?
- A owned some land which B was cultivating as a tenant. A had three sons X, Y, Z. After A’s death the land was sold by X, Y and W, daughter of Z to one Hari Lal vide registered sale deed dated 12.2.2012,W being the legal heir of her deceased father Z. Hari Lal filed suit for recovery of possession against B. B contested the suit inter alia that there are other co-owners of that property and since all co-owners have not joined in the filing of suit, the suit is bad for non-joinder of necessary parties. In the evidence Hari Lal produced the revenue record to show that A did not have any legal heir except X, Y and W at the time of sale. He contended that he is the sole owner and the suit is not bad for non-joinder of other co-owners. Decide.
- When is a ‘case decided’ for the purposes of Section 115 of the Code of Civil Procedure, 1908? Support the answer by judicial precedents. (05 marks)
- What is the time limit for filing a written statement by a defendant? Whether the time provided under Order VIII, Rule 1 of Civil Procedure Code can be extended by Court? Explain with reference to relevant case law?
- What is meant by Jurisdiction of a Civil Court?
- Explain the provision relating to raising of objection to the jurisdiction of the Court under the Code of Civil Procedure.
- Write a short note on Verification of Pleadings.
- Write short on Substituted Service.
- How costs are imposed for causing delay.
- N, a sub inspector of Police of U.P was dismissed from service by an order of the DIG of Police. N filed a writ petition in the High Court at Allahabad for quashing the disciplinary proceedings on ground that he was not provided a reasonable opportunity to meet the allegations against him and action taken against him was malafide. It was dismissed. N then filed a suit in Court of Civil Judge Etah in which he challenged the order of dismissal on the ground, inter alia, that he had been appointed by the Inspector General of Police and that DIG Police was not competent to dismiss him by virtue of provisions of Article 311(1) of the Constitution. Suit was decreed on second appeal by the High Court. State of U.P filed an appeal against the judgment and decree of the High Court. Discuss the merits of appeal giving reasons.
- M’, which is a foreign bank, filed suit for recovery against ‘N’, an Indian resident. The suit was filed in a Court of England under the summary procedure. ‘N’ filed an application for leave stating the various grounds on which he wanted to contest the suit. However, he did not appear in the Court at the time of hearing and sent a letter to the court stating that he was not in a position to go to England and engage a lawyer, Suit for recovery was decree under Summary Procedure and without trial. On the basis of that decree, the bank filed execution under Order XXI of the CPC. N filed objections to the said decree on the ground that such decree was not binding as it was obtained without recording evidence in a suit under summary procedure and such a judgment cannot be said to be “on merits of the case”, the bank took the plea that the English court has passed the decree after detailed discussion and by a reasoned judgment wherein the case of the Respondent, i.e. ‘N’ was also considered, but his version was not found tenable. What would be the fate of objections filed by ‘N’?
- The plaintiff sued in forma pauperis. The defendant applied for appointment of a Commissioner for examination of his witnesses at Bombay and Meerut. The plaintiff says he has no means to go with his counsel. The defendant contended that under Order 26 Rule 15 CPC he had been directed to pay a reasonable sum for “the expenses of the commission” which expression does not include the expenses of other party. Should the plaintiff get his expenses? Give reasons for allowing or disallowing his request.
- Discuss the concept of Substantial Question of Law on which the second appeal is filed before the High Court under Section 100 of Civil Procedure Code. Whether the second appeal can lie in the following cases? Give exact answer with reasons: a) Ex parte b) Decision being contrary to law c) Legal inferences drawn from finding of fact. d) Usages having force of law.
- Who is minor under the Indian Law? State the procedure to be adopted for a suit by or against a minor and persons of unsound mind. A compromise decree is passed in a suit involving the interest of minor. Can the minor challenge such decree? If so on what grounds.
- A plaintiff who is entitled to sue for possession and damages files a suit for possession only. The suit is decreed. Can he file a suit for recovery of damages? Give reasons for your answer.
- A filed a suit for the recovery of rent against B, on the ground that B was his tenant and has not paid rent for the past12 years. In written statement filed, B admitted that he was the tenant of A, but he pleaded that he has paid the rent without a receipt having been issued. During the trial B an application seeking permission to amend the written statement and instead pleaded that he was not a tenant of A. Decide and give reasons.
- Mohan filed a suit for recovery of money against Sohan. Summons in the said suit were served upon Sohan on 6.4.2004 for appearance in the Court on 8.7.2004. Sohan did not file the written statement within 30 days and on 8.7.2004 he appeared before the Court and moved an application for extension of time in filing the written statement on the ground that along with the suit documents filed by the Plaintiff were not served upon him. The Plaintiff contested the application raising the contention that this was a afterthought plea as along with the process fee, plaint and documents were filed by the plaintiff for service of summons upon Respondent. He also contended that the Respondent did not raise non-receipt of the documents any time between 6.4.2004 and 8.7.2004 and, therefore, no further time be given to him and decree be passed under Order VIII, Rule 10 CPC. What would be your decision on the application filed by Sohan for extension of time?
