Questions on Code of Civil Procedure (C.P.C.)

This post contain the questions which can be asked on Code of Civil Procedure. Examiner frame the question paper by using these questions.

CHAPTER I

INTRODUCTION

Question No. 1.:- Discuss briefly the scope and object of the Civil Procedure Code, 1908, as amended up to date. Is the Code complete in itself?

CHAPTER II

SHORT HISTORY

Question No. 2.:- Give a shore history of the Code of Civil Procedure and briefly outline its scheme.

Question No. 3.:- State the main changes brought about by the Code of Civil Procedure (Amendment) Act, 2002 into the Code of 1908. What is their chief object?

Question No. 4:- The prime object of the changes introduced by the Code of Civil Procedure(Amendment) Act, 2002 is expeditious disposal of civil cases. Comment and underline such changes. Do you think that these changes are likely to go a long way in achieving the said object?

CHAPTER III

DEFINITIONS

Question No. 5:- (a) Define a ‘decree’ and point out the distinction between a ‘decree’ and an ‘order’. Is there any difference between ‘decree’ and ‘judgment’ as well?

(b) Are the following decisions decrees? If so, why? If not, why not?

(i) A decision on a preliminary issue that the suit is within limitation.

(ii) An admission or rejection of an application or leave to sue in forma pauperis (as an indigent person).

(iii) A determination of question between the parties relating to the execution, discharge or satisfaction of the decree.

(iv) An order returning a plaint for presentation to the proper court.

(v) An order by a court in the exercise of its inherent power to punish for contempt of court.

Question No. 6 (a) In what class of cases is a preliminary decree passed? What is the difference between preliminary decree and a final decree? State giving reasons whether the following are preliminary or final decrees:-

(i) A sues B for cancellation of a document and a decree is passed.

(ii) A suit is brought by one partner against another for a dissolution of partnership and for taking partnership account.

(iii) A sues B for recovery of possession of certain immovable property and for mesne profits.

(b) (i) Write the procedure by which a decree can be transferred to another court for execution and point out the power of the court to which the decree has been sent for execution.

(ii) A had a decree for money against B which he got transferred from Banaras to Kanpur for execution. Can Kanpur Court grant B instalment?

Question No. 7. Is an order making variation in shares specified in the preliminary decree passed in a partition suit a decree in itself and liable to appeal? What is the combined effect of an order passed in execution proceedings?

Question No. 8. (a) What do you understand by the terms (i) Legal Representative ; (ii) Mesne Profits; (iii) Public Officer; (iv) ex parte decree.

(b) For what period of time are mesne profits recoverable? On what principle are they calculated? Illustrate.

(i) Government Advocate remunerated by daily fees.

(ii) An officer of the Indian Staff Corps.

(iii) An officer of the Indian Army.

(iv) A Receiver in insolvency.

(v) A Receiver appointed in a suit.

(vi) A Municipal Commissioner.

Question No. 9 What is Foreign Judgment? Are they conclusive? Are they binding on the parties in India?

Question No. 10 Define the terms: Foreign Judgement, Foreign Court, Judge, Judgement, Judgment Debtor, Decree Holder, Legal Representative, Pleader and District.

Question No. 11 (a) Is there any presumption regarding a foreign judgment?

(b) What are the circumstances in which a foreign judgement is not conclusive?

CHAPTER IV

SUITS IN GENERAL

Question No. 12 (a) What do you understand by a suit of a Civil nature?

(b) Are the following suits triable by a civil court? If so, why? If no, why not?

(i) A suit for declaring the attachment under Section 146, Cr. P.C. to the illegal.

(ii) A suit for the recovery of voluntary offerings made to an usurper.

(iii) A suit for wrongful expulsion from a social club.

(iv) A suit for an injunction restraining an interference with regard to reciting prayers in connection with a burial ground.

Question No. 13:- Discuss whether the following are suits of civil nature:

(a) Suit regarding right of worship.

(b) Suit regarding right of specific relief.

(d) Suit in respect of right of franchise.

(e) Suit to declare an election invalid.

(f) Suit relating to caste question.

(g) Suit for voluntary payments.

(h) Suit regarding right of privacy.

(i) Suit regarding right of burial.

CHAPTER V

JURISDICTION OF COURTS

Question No. 14:- Explain briefly the meaning of the expression “Jurisdiction of a Court”. Classify the various kinds of Jurisdiction.

CHAPTER VI

RES SUB-JUDICE

Question No. 15:-.(a) Under what conditions can a suit be stayed?

(b) Can one of the two cross-suits be stayed?

(c) Is there any resemblance of the rule contained in section 10, C.P.C. with the rule of res-judicata? Give reasons for your answer.

CHAPTER VII

RES-JUDICATA

Question No. 16:- What is the basis of the doctrine of ‘res-judicata’? Distinguish ‘res-judicata’ from ‘res-subjudice’.

Question No. 17:- State the essential features of the rule of res-judicata?

Question No. 18:- What is a constructive res-judicata? Illustrate.

Question No. 19:- Distinguish between res-judicata and estoppel. Does an erroneous decision on an issue of law operate as res-judicata between the same parties in a subsequent suit, and if so, how far ?

Question No. 20:- (a) When can a matter be a res-judicata between co-defendants ?

(b) How far is the rule of res-judicata applicable to execution proceeding?

Question No. 21:- What do you understand by “matter directly and substantially in issue”? Distinguish between matter “directly and substantially in issue” and matter collaterally or incidentally in issue.

Question No. 22:- (a) Whether a previous decision on title in land acquisition proceedings-operates as res-judicata in a subsequent suit between the same parties when the question of title was again raised? Discuss in the light of latest case law.

(b) A had instituted against B two suits asserting title to a certain property. B contested these claims and also instituted two other suits to establish his title in the same property as against A. A’s suit were decreed and B’s suits were dismissed. B filed four appeals, two appeals against the decision given in A’s suits and two appeals against the dismissal of his two suits.

It was found that all the four appeals were taken on the file of the High Court but the two appeals filed by B against the decision in the suit instituted by him were dismissed by the High Court on the ground that one was filed beyond time and the other for non- prosecution. At the final hearing the High Court took the view that the dismissal of B’s two appeals operated as res-judicata in the two appeals filed by B against the decision in A’s suit on the question of title to the property. Is the view taken by the High Court correct?

Question No. 23:- (a) Is res-judicata a rule of substantive law or a rule of procedure?

(b) On what grounds is constructive res-judicata based?

Question No. 24:- Distinguish between res-judicata and constructive res-judicata?

Question No. 25:- (a) Is the defendant barred by the principle of res-judicata if on issue between the parties has been decided but the suit has been dismissed?

(b) Explain the requirement of parties being identical for the application of the rule of res-judicata?

Question No. 26:- In a suit between A and B regarding a certain plot of land there are two matters in issue: (i) whether A is the heir of D and (ii) whether A is the owner of the said plot by adverse possession. The first issue is decided in the negative but as to the other issue the court decides that A is the owner by adverse possession. In a subsequent suit between A and B, A again takes the plea that he, that is, A is the heir of D. Is the plea barred by res-judicata? Give reasons for your answer.

Question No. 27:- brought a suit for certain properties in possession of B on the allegation that he was the nearest their of C, the last owner of the properties in suit. B contested the suit on the grounds that he was an adopted son of C. A’s suit was decreed and it was held by the court hearing the suit that B had failed to prove adoption set up by him. Subsequent to this decision, B instituted a suit against A alleging that even it there was no adoption he was the nearest heir to C and as such he was entitled to the properties left by C. Is the subsequent suit by B maintainable? Give reasons for your answer.

Question No. 28:- (a) If two suits or appeals are tried together when an appeal from the decision in one only is barred by res-judicata.

(b) Can a plea of jus turti be barred by res-judicata.

(i) Application for amendment of decree.

(ii) Application for review.

(iii) Waiver of plea of res-judicata.

(iv) Conflicting decree.

(v) Income-tax proceedings.

(vi) Maintenance order.

Question No. 29:- Please state whether a compromise decree and an order in claim proceedings operate as res-judicata.

Question No. 30:- Does it make any difference in the application of the rule of res-judicata that the decision in the former suit had been given on a mixed question of law and fact or on a pure question of law? Give reasons for your answer. Discuss whether a decision on a question of law operates as res-judicata between the parties of the suit.

Question No. 31:- (a) Whether a decision on matters in controversy in Writ proceeding under Art. 226 or Art. 32 of the Constitution would operate as res-judicata in subsequent regular suit on the same matters and between the same parties?

Question No. 32:- When is a person precluded from bringing another suit in respect of any particular cause of action?

CHAPTER VIII

STAGES OF A CIVIL SUIT

Question No. 33:- Explain the different steps in the progress of a suit from the time of the institution till it is finally determined.

CHAPTER IX

INSTITUTION OF SUIT AND JURISDICTION

Question No. 34:- What do you understand by the term “jurisdiction of a court”?

Question No. 35:- State briefly the rule determining the forum of instituting suits for recovery of movable and immovable property.

Question No. 36:- How is a forum (place) for the institution of a suit determined?

Question No. 37:- State the provisions of C.P.C for determining the forum in cases of wrong to person or movables.

Question No. 38:- What is the forum of the suit in the following cases?

(a) A is tradesman in Calcutta. B carries business in Delhi, B by his agent in Calcutta buys goods of A and requisites to deliver them to the East India Railway Company; A delivers the goods in Calcutta.

(b) A resides at SHimla, B at Calcutta and C at Delhi, A, B and C being together at Banaras, B and C make a joint promissory note payable on demand, and deliver it to A.

Question No. 39:- Explain the rule that the debtor must find his creditor ?

Question No. 40:- (a) State with reasons if, in the following cases the court in which the suit has been instituted has jurisdiction to try.

(i) A suit for accounts against an agent by his principal at a place where the principal resides, when the agent residing at a different place;

(ii) A suit for restitution of conjugal rights by the husband at a place where he resides, when the wife is residing at a different place.

(b) Where can an objection to jurisdiction be raised? If a court acts without jurisdiction, will that judicial act be null and void ?

Question No. 41:- In what place or places can a suit be filed against a defendant.

(a) for tort,

(b) for breach of contract,

Question No. 42:- Can a person file a fresh suit when he has in a former suit relinquished a part of his claim or omitted to sue for one of the reliefs in respect of the same cause of action?

Question No. 43:- A files a suit against B for ejectment. In the suit he does not claim arrears of rent due up to the date of the suit. Can he subsequently file a suit against B for arrears of rent upto the date of filing the suit for ejectment?

Question No. 44:- What is necessary and proper parties? Can a suit be defeated because of non-joinder of necessary parties?

Question No. 45:- (a) What do you understand by misjoinder.

(i) of parties,

(ii) of causes of action ?

(b) Can a plea of misjoinder of parties or of causes of action prevail in court of appeal?.

Question No. 46:- Define a ‘cause of action’. What is meant by saying that part of cause of action arisen in one place and part in another? Does such part of cause of action arising in one place give jurisdiction to the court there? Illustrate your answer.

Question No. 47:- What is the effect of withdrawing part of a claim ?.

Question No. 48:- Where will the suit lie in the cases of breach of contract ?

Question No. 49:- In which court or courts can the following suit be instituted ?

(a) A suit for partition of an immovable property, a house situated at Kanpur and jointly owned by X and Y, X, the plaintiff resides at Lucknow, while Y, the defendant, carries on business at Allahabad.

(b) A suit for compensation for wrong done to an immovable property situate partly within the jurisdiction of one court and partly within that of another court.

(c) A suit for compensation for wrong done to the person or movable property if the wrong was done within the limits of the jurisdiction of one court and the defendant resides within the jurisdiction of another court.

(d) A suit for restitution of conjugal rights where the wife never lived with her husband.

Question No. 50:- A resides at Shimla, B at Calcutta and C at Delhi. A, B and C being together at Banaras, B and C executed a joint promissory notes payable on demand and delivered it to A. At what place can A sue B and C? Under what circumstances would leave of the court be necessary?

Question No. 51:- X resides at Deoria, Y at Faridpur, and Z at Khulna. Y and Z jointly borrow Rs. 2,500 from X at Mymensingh. Discuss whether X can bring his suit agianst Y and Z at Deoria, Faridpur, Khulna, or Mymensingh.

Question No. 52:- A, who actually and voluntarily resides within the district of Burdwan enters into a contract with B for sale of some land situated in the district of Howrah. A having refused to convey the land in accordance with the contract. B brings a suit in Burdwan Court for specific performance of the contract. Discuss, with reference to the provisions of the Code of Civil Procedure, whether the Burdwan court has jurisdiction to entertain the suit.

Question No. 53:- Where will a suit for restitution of conjugal rights be instituted ?

Question No. 54:- What are main essentials of a suit?

Question No. 55:- What are the rules relating to transfer of a civil suit? Refer to certain well established principles in this regard.

Question No. 56:- What do you understand by a suit of a representative character ? State the particular of special procedure, if any, provided for such a suit by the Civil Procedure Code. Is the decree in such a suit binding upon person not actually impleaded in the suit? If so, on what principle of law and justice?

Question No. 57:- (a) What do you understand by splitting of claim? Can a fresh suit for sale on the basis of a mortgage be filed, if a suit for personal decree was already filed and was decreed?

(b) What claims can be joined for recovery of immovable property?

CHAPTER X
ISSUE AND SERVICE OF SUMMONS

Question No. 58:- Write short note on Summons.

Question No. 59:- How service of summons is effected on 1. public officers, 2. soldiers, 3. corporations and 4. firms?.

Question No. 60:- What are the rules of service of summons on pardanashin woman?

Question No. 61:- Under what condition can a party be ordered to appear in person?

Question No. 62:- What is the course left open to a plaintiff when the defendant refuses to accept summons?

Question No. 63:- What do you understand by defence? Is there any form of defence provided in C. P. C.?

Question No. 64:- What do you understand by written statement? Write a short note on it.

Question No. 65:- What sort of pleas are open to a defendant?

Question No. 66:- (a) What is set-off and what kind of set-off is permissible? Illustrate.

Question No. 67:- (b) What is equitable set-off? Bring out distinction between legal and equitable set-off

Question No. 68:- What are the conditions for application of the rule of set-off?.

Question No. 69:- What is a counter-claim? Distinguish it from set-off.

CHAPTER XI

APPEARANCE OF PARTIES AND CONSEQUENCE OF NON-APPEARANCE

Question No. 70:- What should a court do in the following circumstances and what is the remedy open to the party affected by the adverse order: (i) When both parties are absent (ii) When the plaintiff is absent and the defendant is present and vice-versa?

Question No. 71:- What remedy is open to a defendant in case of an ex- parte order or decree when he comes to know it within 30 days or beyond this period?

Question No. 72:- Can a court examine a party at the hearing of the suit and if so what purpose?

Question No. 73:- What procedure will a court adopt if the pleader of a party refuses to answer or is unable to answer the question put by the court?

Question No. 74:- What are the provisions of examination of the parties by the Court?

CHAPTER XII

PLEADINGS AND PARTICULARS

Question No. 75:- What is pleading of parties? Explain its object and fundamental rules regarding pleadings.

Question No. 76:- What is meant by particulars? State briefly the object of particulars and the effect of non-compliance of an order for particulars.

Question No. 78:- Discuss the grounds of return of a plaint?

Question No. 79:- Discuss the grounds of rejection of a plaint?.

CHAPTER XIII

DISCOVERY AND INTERROGATORIES AND PRODUCTION OF DOCUMENT

Question No. 80:- What is meant by ‘discovery’ in the course of suit? How many kinds of it are there? What object does it serve and on what principles does it proceed? Who can apply for each kind of discovery and within what limits will they be allowed and when is it disallowed?

Question No. 81:- Discuss whether discovery by interrogatories can be made on questions of law against whom the interrogatories may be allowed

Question No. 82:- What is a ‘Premature discovery’ and to what extent the answers to interrogatories can be used at the trial of the suit?

Question No. 83:- When should parties to a suit produced documents? In what circumstances late production of documents can be allowed by a court?

Question No. 84:- When can the parties inspect document referred to in pleadings or affidavits?

Question No. 85:- When can a party refuse to produce the document for inspection?

Question No. 86:- Bring out points of distinction between:-

(i) Interrogatories and Cross-examination.

(ii) Interrogatories and Pleadings.

CHAPTER XIV

ADMISSION BY PARTIES

Question No. 87:- What are the kinds of admissions? In what cases notice to admit may be given?

CHAPTER XV

ISSUES

Question No. 88:- What is meant by issues and how are they framed? Can any issue be determined first of all and when? Illustrate.

Question No. 89:- What is the effect of omission to frame issues on some facts by the trial Court? From what materials are issues framed? Is a Court empowered to amend or strike out an issue?

CHAPTER XVI

HEARING OF THE SUIT

Question No. 90:- Under what circumstances can a suit be disposed of at the first hearing?

Question No. 91:- By what means an unwilling witness by compelled to give evidence? What are the consequences of refusal of a party to give evidence? When can a party be allowed to produce his evidence twice in case?

Question No. 92:- State the provisions relating to recording of evidence as introduced by the Code of Civil Procedure (Amendment) Act, 2002.

Question No. 93:- What is the mode of recording evidence in appealable cases?

Question No. 94:- When can a party get the evidence of a witness recorded before the proper time?

Question No. 95:- Who can recall a witness who has left the witness box?

Question No. 96:- When can a party be granted adjournment? What are the consequences for the failure of party to produce evidence for which an adjournment has been granted?

Question No. 97:- What is the procedure where parties fail to appear on the day fixed after the hearing is adjourned?

Question No. 98:- What do you mean by affidavit and in what cases it can be used ?

CHAPTER XVII

JUDGEMENT

Question No. 99:- When and how a judgment is pronounced and signed?

Question No. 100:- What sort of a decree is passed in a partition suit?

Question No. 101:- What a judgment should contain?

CHAPTER XVIII

DECREE

Question No. 102:- Define decree and state its essential elements.

Question No. 103:- Discuss the validity of the following decrees:-

(a) A decree passed against a dead person in ignorance of his death

(b) A decree in favour of a minor suing as an adult.

Question No. 104:- (a) What are the requisites of a decree?

(b) What the decrees in the following particular case should contain:

(i) Suit for recovery of immovable property.

(ii) Suit for delivery of movable property.

(iii) Suit for possession of immovable property and mesne profits.

(iv) Administration suits.

(v) Suit for dissolution of partnership or accounts.

(vi) Suit for accounts between principal and agent.

(vii) Suit for partition or separate possession of a share.

(viii) Decree allowing set-off.

(ix) Suit for pre-emption.

Question No. 105:- Whether a compromise entered into prior to passing of ex parte decree can be filed after passing of such decree? Discuss the proper course for filing of such a compromise.

Question No. 106:- Explain and discus: An execution court cannot go behind the decree.

Question No. 107:- Discuss the validity of the following decrees:-

(a) Decree in favour of minor suing as adult; and

(b) A decree against an adult sued as minor.

Question No. 108:- By what courts decrees are to be executed and when can the decrees be transferred to another court?

Question No. 109:- What are the powers of the transferee court in executing transferred decrees?

Question No. 110:- Explain the procedure which the courts should adopt to enforce execution ?

CHAPTER XIX

EXECUTION

Question No. 111:- What is the procedure for paying money under a decree? If a payment is made outside the court, what should a judgment-debtor do for making it a valid payment?

Question No. 112:- The amount of a decree was tendered in the Court on a certain date and as the Court for its own convenience and of its own choice did not take cash but made an order on the tender to deposit the cash in the bank and the amount was, as such, deposited in the bank at
the earliest. Can the decree be held to have been satisfied on the date the amount was tendered in the Court ?

Question No. 113:- What are the modes of execution of the following decree

(a) A decree for restitution of conjugal rights.

(b) A decree for specific performance of a contract.

(d) A decree against a limited owner restraining waste.

Question No. 114:- What are the questions to be determined by the Court executing the decree? Illustrate.

Question No. 115:- To what decree the principle of determination by the executing court does not apply?

Question No. 116:- What are the limitations of the principle of determination of decree by the executing court?

Question No. 117:- What questions can be raised under section 47, C.P.C.? Whether the determination of any question under this section is appealable?

Question No. 118:- State the rules regarding adjudication of claims and objections to attachment of property raised by a third party.

Question No. 119:- A brings a suit against B and C for the recovery of possession of a plot of land. The suit is dismissed against C for want of causes of action, and is decreed against B. A, in execution of this decree has taken delivery of possession of land in excess of the decree. The excess belongs to C, Explain what remedy is available to C.

Question No. 120:- (A) What are the objections open to :.

(a) an auction purchaser.

(b) to the decree-holder.

(B) Under what grounds can a sale be set aside

(a) by the judgment-debtor.

(b) by the auction-purchaser.

Question No. 121:- A brought a suit for possession over certain property against B in the Court of Munsif, Allahabad. An objection was taken that the suit was not cognizable by the civil court. The Munsil took the view that he had jurisdiction to try suit, and decreed the suit. A executed the decree and in execution B raised an objection that the civil court had no jurisdiction to try the suit. Was such an objection entertainable? Give reasons for your answer.

Question No. 122:- Discuss whether private interest transferred from a decree-holder auction-purchaser is his representative- in interest within the meaning of Sec. 47.

Question No. 123:- Discuss, whether the purchaser at an execution sale of the equity of redemption in mortgaged properties can come in execution proceedings under a decree upon the mortgage as a representative of the judgment-debtor under Sec. 47.

Question No. 124:- (a) Enumerate different modes by which a court may enforce execution of a decree.

(b) Mention the circumstances when execution by detention in prison may be ordered where the decree is for payment of money.

(c) A obtains a decree against B and in execution of the decree attached certain property. C filed an objection to the attachment on the ground that he and not B is the owner of the property. The executing court dismisses the objection of C. Advise.

Question No. 125:- State briefly the rules in regard to the correction of decrees for:-

(a) specific performance;

(b) restitution of conjugal rights.

Question No. 126:- When does an auction sale in execution of a decree become absolute? When is it to be set aside?

Question No. 127:- Explain the procedure of sale of the property attached in execution of the decree.

Question No. 128:- (a) At the instance of what persons, on what grounds and under what conditions can an auction-sale be set aside ?

(b) Discuss the validity of the following executing sales:

(i) A sale held after the order of postponement had been passed by the executing court but before the order could be communicated to the selling officer.

(ii) A sale held on holiday.

Question No. 129:- How does an auction sale of immovable property by a court differ from such a sale of movable property ?

Question No. 130:- What is meant by equitable execution ? Illustrate your answer.

Question No. 131:- A decree is passed against a firm. What property is liable to be proceeded with ?

Question No. 132:- Discuss the provision in Civil Procedure Code directed against the evil of benami purchases at execution sales. Where a suit is brought by the certified purchaser against the real owner, can the latter plead that the purchaser was only benami for him ?.

Question No. 133:- Under what circumstances can the decree-holder apply to have the decree transferred to another court for execution ?

Question No. 134:- Write short notes on:

(1) Garnishee order.

(2) Interest.

(3) Costs.

(4) Compensatory costs.

Question No. 135:- Enumerate the various properties which are exempt from attachment in execution of decree under the Code of Civil Procedure

Question No. 136:- Under what circumstances the decree can be attached?

Question No. 137:- Explain the procedure prescribed for the execution in case of cross-decree ?

Question No. 138:- When does an auction-sale in execution of a decree become absolute? When can it be set aside ?

Question No. 139:- What is the period of limitation prescribed for the execution of decrees?

Question No. 140:- What is meant by stay of execution ? When may a court stay execution and upon what condition?

Question No. 141:- What are the conditions which entitle the decree-holder to share in the rateable distribution of assets held by a Court?.

Question No. 142:- What do you understand by ‘Rateable Distribution’? Illustrate.

CHAPTER XX

RESTITUTION

Question No. 143:- Explain and illustrate the principle of restitution. Is an order granting or refusing restitution appealable?

CHAPTER XXI

ARREST AND ATTACHMENT BEFORE JUDGMENT

Question No. 144:- (a) What is meant by attachment?

(b) In execution of a decree by A against B certain property belonging to B is attached. During the pendency of the attachment B sells the property to C. Discuss the validity of the sale. Would it make any difference if B pays the decretal amount out of the sale proceeds?.

Question No. 145:- Write a short note on ‘Attachment before judgment’.

Question No. 146:- When is the property of defendant attached before judgment? Can the defendant make any claim for wrongful arrest or attachment?

Question No. 147:- What is the effect of an attachment before judgment on the rights of strangers or decree-holder other than the plaintiff ? Is agricultural produce attachable before judgment?

CHAPTER XXII

TEMPORARY INJUNCTION AND INTERLOCUTORY ORDERS

Question No. 148:- In what cases a court is empowered to grant a temporary injunction ?

Question No. 149:- How is a temporary injunction granted? Can the order granting temporary injunction be cancelled or modified? If so, how ?

Question No. 150:- What is an interlocutory order?

Question No. 151:- When can a court order an interim sale?

Question No. 152:- Will the defendant be compensated for obtaining arrest, attachment or injunction on insufficient ground ?

Question No. 153:- Injunction is issued to restrain repetition or continuance of breach. Explain.

Question No. 154:- When at an appeal lies against an ex parte order issuing injunction under Order 39, Rules 1 to 4, C.P.C.? Explain the consensus of the opinion of the different High Courts on the subject.

Question No. 155:- What is the effect of a private alienation after the issue of a temporary injunction?

Question No. 156:- What is the effect of a private alienation after attachment?

CHAPTER XXIII

APPOINTMENT OF RECEIVERS AND COMMISSIONERS

Question No. 157:- Discuss the principles on which a court can appoint a receiver in a suit.

Question No. 158:- A, simple mortgagee brings a suit for the enforcement of his mortgage. Can the mortgagee get a receiver appointed in such a suit ? Who can be appointed a receiver?

Question No. 159:- What are the powers of a Civil Court in regard to the appointment of.-

(i) a receiver, and..

(ii) a Commissioner?

Question No. 160:- What are the conditions for inadmissibility of a statement of a witness recorded on commission? Discuss in the light of judicial pronouncement.

Question No. 161:- (a) Mention briefly the powers and duties of receiver.

(b) Who can be appointed a receiver?

CHAPTER XXIV

COSTS

Question No. 162:- On what principles is the order for costs passed in a suit.

Question No. 163:- What do you understand by compensatory costs ?.

Question No. 164:- Can there be an order for interest during the pendency of a suit or after the decree. If so, what is the principle governing it?

CHAPTER XXV

INHERENT POWERS OF COURT

Question No. 165:- What is meant by the phrase inherent powers of the Court? Explain its nature and scope.

Question No. 166:- On what grounds may the amendment of judgment and decree or order is to be ordered by the Court?

Question No. 167:- Can the Court correct a clerical mistake or an error arising from an accidental slip or omission and to vary its judgment so as to give effect to its meaning and intention? Discuss.

CHAPTER XXVI

DEATH, MARRIAGE AND INSOLVENCY OF PARTIES

Question No. 168:- (a) What step should the plaintiff take if the sole defendant dies or if one of the defendants dies ?

(b) How, when, and on what grounds can an abatement of a suit be set aside ?

Question No. 169:- Can a legal representative of a deceased defendant be allowed to take up a defence other than the one taken by the previous defendant, and in what circumstances the legal representative can depart from the original pleadings?

Question No. 170:- Enumerate the cases in which a suit or appeal is held to abate as against deceased defendant or respondent only and the case in which suit or appeal is held to abate as a whole.

Question No. 171:- (a) Does a suit abate if after the conclusion of the bearing but before the pronouncement of the judgment. One of the party dies and his legal representatives are not brought to record ?

(b) Does the rule of abatement apply equally to execution proceedings and appeals?

CHAPTER XXVII

WITHDRAWAL AND ADJUSTMENT OF SUITS

Question No. 172:- On what grounds can a suit be withdrawn and when shall an application for withdrawal of a suit be rejected? Can one of the plaintiffs withdraw without the consent of other plaintiffs ? What is the effect of withdrawal of a suit?

Question No. 173:- Whether the right of the plaintiff to withdraw the suit is unqualified? Discuss.

Question No. 174:- When shall a court order for recording a agreement or a compromise between the parties? Compromise or an agreement relate to an extraneous matter? If so, to what effect ?

Question No. 175:- How should an appellate court proceed to permit the withdrawal of a suit ?

CHAPTER XXVIII

SUITS IN PARTICULAR CASES

Question No. 176:- What step would you take for filing suit against a public officer or the Government and with what object? How a decree against a public officer should be executed ?Is a public officer exempted from arrest and personal appearance?

Question No. 177:- What should a public officer do on receiving a summons of a suit complaining of an act purporting to have been done by him in his official capacity and how should a Government pleader appear for a public officer?

Question No. 178:- Who can institute a suit for public nuisance and for public charities? To what matters of the public charities the power of private person other than those of the Advocate General extend?

Question No. 179:- How is a suit by Aliens and Foreign States instituted ?

Question No. 180:- How suits against foreign Rulers, Ambassadors and Envoys, High Commissioners of Commonwealth countries and their staff may be instituted ?

Question No. 181:- Whether a suit filed against a foreign company (which is found to be a foreign State within the meaning of Section 86) can be entertained without prior consent of the Central Government ?

Question No. 182:- How is a suit by or against a minor instituted? What is the effect of a suit in which minor has sued or has been sued without observing the prescribed rules of procedure ?

Question No. 183:- What are the grounds for the removal of guardian ad litem.

Question No. 184:- How is an agreement or compromise on behalf of a minor plaintiff or a minor defendant made valid? If the prescribed rule is not observed what will be the effect on the decree based on compromise ? What course is to be followed by minor plaintiff or applicant attaining majority ?

Question No. 185:- How suits by or against Military or Naval man or Airman may be instituted ?

Question No. 186:- What are the provisions of C.P.C. that apply to suits by or against corporations ?

Question No. 187:- How suits by or against firms and persons carrying on business in names other than their own may be instituted?

Question No. 188:- Describe the mode in which the service can be effected in a suit against a firm ? Where a partner of a firm has died, how will the suit proceed?

Question No. 189:- State the rules as laid down in C.P.C. regarding institution of suit by of against Trustees, Executors and Administrators.

CHAPTER XXIX

SUITS BY INDIGENT PERSONS

Question No. 190:- What do you understand by suit “in forma pau-peris”? What are the provisions relating to institution of such suits.

Question No. 191:- What order should be passed with regard to payment of court-fees or costs in a suit where an indigent person succeeds or fails? Can a Public Ltd. Company sue as an indigent person?

Question No. 192:- How can the plaintiff failing to sue as an indigent person get a relief ? When is plaintiff dispaupered?

CHAPTER XXX

SUITS RELATING TO MORTGAGES OF IMMOVABLE PROPERTY

Question No. 193:- What are necessary parties for a suit for foreclosure or for redemption ? When there is a prior mortgage and a subsequent mortgage or mortgagee, of a mortgagee who will be the necessary parties? Are beneficiaries necessary parties in a suit brought by trustee in a suit for sale or for redemption?

Question No. 194:- What sort of a preliminary or final decree is passed in a suit for redemption of a mortgage? Can the court extend time for payment in a suit for redemption?

Question No. 195:- What sort of a preliminary and final decree is passed in foreclosure suit ?

Question No. 196:- Does Order 2, Rule 2, C.P.C. bar a suit for sale, when a decree for payment of the mortgage money is outstanding?

Question No. 197:- Can A sue for sale of the mortgaged property on the simple mortgage free from the usufructuary mortgage and claim to be paid out of the sale proceeds the amount due upon the usufructuary mortgage under C.P.C.?

CHAPTER XXXI

INTERPLEADER SUIT

Question No. 198:- What is an interpleader suit ? State the circumstances which bar an interpleader suit.

Question No. 199:- What additional facts are necessary to be stated in the plaint of an interpleader ?

Question No. 200:- What is the procedure adopted at the first hearing of the suit?.

Question No. 201:- What do you understand by a suit of representative character? State the particular or special procedure, if any, provided for such a suit in C.P.C. Is the decree in such a suit binding upon the persons not actually impleaded in the suit? If so, on which principles of law and justice?

Question No. 202:- Describe the form and content of an appeal also discuss the essential documents to accompany an appeal?

Question No. 203:- What are the grounds that can be taken for the first time in appeal ?

Question No. 204:- Whether the plea as to non-proof of a document exhibited can be raised in appeal?

Question No. 205:- “An appeal is a creature of statute” Discuss. How many kinds of Appeals are provided for by the Code? Indicate briefly the nature of each.

Question No. 206:- Enumerate the circumstances under which an appeal can be converted into a revision.

Question No. 207:- Can one of the several plaintiffs or defendants obtain reversal of whole decree ? If so, When.

Question No. 208:- When on what ground and by which court can the execution of a decree be stayed?

Question No. 209:- Explain the term ‘second appeal’ with reference to the pronouncement of the Supreme Court?.

Question No. 210:- Enumerate and explain the grounds on which a second appeal may be preferred to the High Court. Is there any restriction regarding valuation for the maintainability of a second appeal?

Question No. 211:- What is the effect of an un communicated order of stay ?

Question No. 212:- Describe the procedure in appeal from its inception to final stage ?

Question No. 213:- What are the powers of an appellate Court?

Question No. 214:- On what grounds a second appeal lies to the High Court? Can the findings of fact arrived at by the Courts below be interfered with in the second appeal?

Question No. 215:- When can an additional evidence be taken in the appellate Court and in what manner?

Question No. 216:- What are the essential conditions of an appellate judgment ?

Question No. 217:- What do you understand by ‘doctrine of merger? How it applies?

Question No. 218:- Indicate clearly the procedural formalities which a party has to comply with, in order to have a valid appeal before the Supreme Court.

Question No. 219:- Can a decree be varied or reversed for error or irregularity in procedure or misjoinder of parties or of causes of action ?

Question No. 220:- What are the contents which a decree of an appellate court should contain ?

Question No. 221:- Explain the circumstances when an appeal lies from an order?

CHAPTER XXXIII

REVIEW, REVISION AND REFERENCE

Question No. 222:- Explain Review.

Question No. 223:- On what grounds does a review lie? To whom may the application for review be made ?.

Question No. 224:- What is the form of an application for review and what is the procedure to be followed?.

Question No. 225:- When does a revision application lie to the High Court?

Question No. 226:- Whether an order of the trial court on question of law involving its jurisdiction can be interfered within revision ?

Question No. 227:- Does revision lie against interlocutory order?

Question No. 228:- What do you mean by the expression “Case decided” as contemplated by Section 115, C.P.C.?

Question No. 229:- Distinguish between revisional and appellate jurisdiction.

Question No. 230:- In what circumstances and how a reference is made by a Subordinate Court to the High Court ?

Question No. 231:- State the circumstances under which a subordinate Court can make a reference to the High Court and indicate the powers of the High Court in dealing with such a reference.

Question No. 232:- Bring out distinction between-

(a) Revision and Review of Judgment

(b) Revision and Appeal

(d) Revision and reference

(e) Reference and Review.

(f) Reference and Appeal.

(g) Review and Appeal.

PART II

PLEADINGS

Question No. 233:- A at Allahabad took a loan of Rs. 400 from B on 1st October, 1995 and executed a valid pronote and receipt and promised to pay the sum on demand with interest at Re. 1 percent per mensem. A paid Rs. 100 on 1st November, 1997 towards interest. B wants to file a suit against A on 1^st March, 1998. Draft a plaint.

Question No. 234:- Draft a plaint of a suit for possession on a promissory title.

Question No. 235:- Draft a plaint for damages..

Question No. 236:- Draft a plain for personal injury.

Question No. 237:- Draft a plain for perpetual injunction restraining a limited owner from committing acts of waste.

Question No. 238:- On 10th October, 1997 the defendant, firm Ashrafi Lal Mohan Chandra drew a hundi of 61 days sight on themselves in favour of the plaintiff at Allahabad borrowed a sum of Rs. 1,000 from the plaintiff a registered partnership firm Mithai Lal Laddoo Mal. The defendant failed to pay the sum draft a suit for the same.

Question No. 239:- Draft a plaint in a suit for damages for breach of contract of sale.

Question No. 240:- Draft of plaints in the following cases

(1) A suit for refund consideration of a contract discovered to be void.

(2) Suit for recession of a contract.

Question No. 241:- Draft a plaint in suit for wrongful dismissal.

Question No. 242:- Draft a plaint for Rent due

Question No. 243:- Draft plaints for the following –

1. Redemption of a simple mortgage..

2. Redemption of usufructuary mortgage.

3. Suit by a mortgagee on a simple mortgage for the recovery to the mortgage-money.

4. Suit for sale of mortgaged property against the heirs and survivor of the mortgagor.

5. Suit for foreclosure.

Question No. 244:- Drew up a plaint in a suit for wrongful dismissal. As such facts and dates as you deem expedient or necessary over and above the following facts. A and B agreed that A should serve B as the accountant in B’s factory for a period of five years on a monthly salary of Rs. 300 for his services. While A is willing to work and continues in the services for the whole period. B dismissed him at a date early in the second year of the service.

Question No. 245:- Draft a plaint for Inter-pleader suit.

Question No. 246:- Draft a plaint.

(a) For Restitution of Conjugal Rights.

(b) For Dissolution of Marriage and for the return of her personal belongings under Mohammedan Law.

Question No. 247:- Draft the following applications-

(a) Application for restitution under Section 144, C.P.C.

(b) Application for amendment of the Plaint under O.6, R. 17, C.P.C.

(d) Application for restoration of suit by the defendant under Order 9, Rule, 13, C.P.C.

Question No. 248:- Draft the following applications

(a) Application regarding payment out of court to decree- holder under Order 21, Rule 2(2), C.P.C.

(b) Application setting up claim to attached property by under Order 21, Rule 58, C.P.C.

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