V Term
Paper - LB - 501 – Civil Procedure
Prescribed Legislations: Code of Civil Procedure, 1908 (Amendment) Act, 22 of 2002 Prescribed Books : B. M. Prasad & S. K. Sarvaria, Mulla’s Code of Civil Procedure (17th ed., 2007) PART : ONE – Sections 1 – 158, C.P.C. Topic 1 : Definitions - Decree [section 2(2)], Decree Holder [section 2(3)], Judgment [section 2(9)], Judgment Debtor [section 2(10)], Legal Representative [section 2(11)], Mesne Profits [section 2(12)], Order [section 2(14)] Topic 2 : Jurisdiction of Courts, Principle of Res subjudice and Res judicata (Sections 9 to 14) and Order II, Rules 1 and 2 - Suit to include the whole claim. 1. Gundaji Satwaji Shinde v. Ram Chandra Bhikaji Joshi, AIR 1979 SC 653 2. Indian Bank v. Maharashtra State Cooperative Marketing Federation Ltd, AIR 1998 SC 1952 3. Iftikhar Ahmed v. Syed Meharban Ali, AIR 1974 SC 749 4. State of U.P. v. Nawab Hussain, AIR 1977 SC 1680 5. C.A. Balakrishnan v. Commissioner Corporation of Madras, AIR 2003 Mad. 170 6. Bharat Nidhi Ltd. v. Megh Raj Mahajan, AIR 1967 Del. 22 7. Y. Narsimha Rao v. Y Venkata Lakshmi (1991) 2 SCR 821 Topic 3 : Place of Suing (Sections 15 to 21-A) Topic 4 : Power to Transfer Suits (Sections 22 to 25) Topic 5 : Execution of the Decree/Order (Sections 51, 55, 58, 60-62, Order XXI , Rules 96-106) Topic 6 : Suits by or Against Government (Sections 79, 80) Topic 7 : Settlement of Dispute : ADR as a mode of settlement. (Section 89) 8. Ajit Ranjan v. State, 2007 RLR 539 (Del. H.C.) 9. B.P.M. Sevamandir v. A.M. Kutty Hassan, 2009 RLR 123 (SC) 42 44 1 13 16 20 26 31 34

Topic 8 : Appeals (i) Appeals from Orders and Decrees, Second Appeal and Power of Appellate Court (Sections 96 to 107) and Production of additional evidence at appellate stage; Order XLI, Rule 27


10. Chunilal V. Mehta v. Century Spinning and Manufacturing Co. Ltd., AIR 1962 SC1314 11. Koppi Setty v. Ratnam v. Pamarti Venka 2009 RLR 27 (NSC) 12. Gill & Co. v. Bimla Kumari, 1986 RLR 370 13. Shivajirao Nilangekar Patil v. Dr. Mahesh Madhav Gosavi AIR 1987 SC 294 Topic 9 : Reference – Section 113, Revision Section 115 and review Section 114 read with Order XLVII. 14. Haridas Das v. Smt. Usha Rani Banik, 2006 (3) SCALE 287 Topic 10 - (i) Enlargement of Time (Section 148) (ii) Power to make up deficiency of Court fees (Section 149) (iii) Inherent Powers of Court (Section 151) (iv) Correction of judgements, orders or decrees (Section 152) 15. Mahant Ram Dass v. Mahant Ganga Dass, AIR 1961 S.C. 882 16. Samarendra Nath Sinha v. Krishan Kumar Nag, AIR 1967 SC 1440 17. Dwarka Das v. State of M.P. (1999) 3 SCC 500 PART : TWO – ORDERS I to Ll Topic 11 : Parties to Suits (Order I, Rules 1, 2 and 3) Order I, Rule 10 read with Order XXII, Rule 10 & Interpleader suits Order XXXV Topic 12 : Amendment of Pleadings (Order VI , Rule 17) 18. Jai Jai Ram Manohar Lal v. National Building Material Supply Co., AIR 1969 S.C. 1267 19. M/s Ganesh Trading Co. v. Moji Ram, AIR 1978 SC 484 20. Dalip Kaur v. Major Singh, AIR 1996 P & H 107 21. B.K. Narayana Pillai v. Parameswaran Pillai, (2000) 1 SCC 712 Topic 13 : Rejection of Plaint (Order VII, Rule 11) 22. Saleem Bhai v. State of Maharashtra, AIR 2003 SC 759

49 56 57 69


86 89 96

100 104 109 111 114


Topic 14 : Appearance of Parties and Consequences of Non-appearance (Order IX, Rules 6, 7 and 13) 23. Sangram Singh v. Election Tribunal, AIR 1955 SC 425 24. Rajni Kumar v. Suresh Kumar Malhotra, 2003 (3) SCALE 434 25. Bhanu Kumar Jain v. Archana Kumar, AIR 2005 SC 626 Topic 15 : Death of Parties (Order XXII, Rules 1 to 6) 26. N. Khosla v. Rajlakshmi (dead), AIR 2006 SC 1249 Topic 16 : Suits by or Against Minors/Persons of Unsound mind (Order XXXII, Rules 1-15) 27. Ram Chander v. Maharaja Man Singh, AIR 1968 SC 934 Topic 17 : Suits and Appeal as an indigent persons (Order XXXIII read with Order XXXXIV) 28. Union Bank of India v. Khader International Construction (2001) 5 SCC 22 Topic 18 : Summary Procedure (Order XXXVII, Rules 1 to 4) 29. Santosh Kumar v. Bhai Mool Singh, AIR 1958 S.C. 321 30. M/s Mechalec Engineers and Manufacturers v. Basic Equipment Corporation, AIR 1977 SC 577 31. ONGC Ltd. v. State Bank of India, AIR 2000 SC 2548 146 150 153 138 116 127 131

Topic 19: Temporary Injunctions and Interlocutory Orders (Order XXXIX, Rules 1 to5) 32. Monohar Lal v. Seth Hira Lal AIR 1962 SC 527 158 33. Dalpat Kaur v. Prahlad Singh, AIR 1993 SC 276 170 Topic 20 : Amendment to Code of Civil Procedure by Code of Civil Procedure (Amendment) Act (22 of 2002) 34. Salem Advocate Bar Assocn. Tamil Nadu v. Union of India, AIR 2003 SC 189 35. Salem Advocate Bar Assocn. Tamil Nadu v. Union of India, AIR 2005 SC 3353 34. Iridium India Telecom Ltd. v. Motorola Inc. (2005) 2 SCC 145

173 178 223


IMPORTANT NOTE : 1. The topics and cases given above are not exhaustive. The teachers teaching the course shall be at liberty to add new topics/cases. 2. The students are required to study the legislations as amended up to date and also to consider and correlate amendments mentioned in Topic 20 and cases under this Topic with other topics and cases. 3. The question paper shall include one compulsory question. The question papers set for the examinations held during 2007-08 and 2008-09 are printed below for guidance of the students. ***** LL.B. V Term Examinations, December, 2008 Note: Answer five question including Question No. 1 which is compulsory. All questions carry equal marks. 1. Attempt briefly any four of the following (a) What is a decree? (b) Power of the Supreme Court to transfer suits, etc. u/s 25 of C.P.C. (c) Are following liable to any extent to attachment and sale in execution of a decree? (i) a mere right to use for damages; (ii) salary of the judgement debtor. (d) Notice u/s 80 C.P.C. (e) Inherent powers of the court. 2. (a) A provision inserted by an amendment in the Bombay Tenancy and Agricultural Lands Act 1948, provides that the issue whether a person in an agriculturist or not is to be decided by the competent authority created under the Act. However, a Civil Court decides the above issue on the basis that it has jurisdiction to decide any incidental or residuary issue in a suit which it is competent to decide. An appeal is filed in the respective High Court against the said exercise of jurisdiction by the Civil Court. Decide in the light of relevant provisions of C.P.C. and the case law. (b) Is the bar to proceed with the trial of subsequently instituted suit, contained in the section 10 of the C.P.C. 1908, applicable to summary suit filed under Order 37 of C.P.C.? Give reasons and cite the case law.


3. (a) What are the conditions which must be satisfied for an adjudication to operate as res judicata between co-defendants? Do these conditions apply for res judicata between co-plaintiffs as well? (b) An A.S.I. was dismissed from service by the D.I.G. He challenged the said decisions by filing a writ petition in the High Court on the ground that he was not afforded a reasonable opportunity. The writ petition was dismissed. He then filed a civil suit and raised an additional plea that he was appointed by the I.G.P. and therefore D.I.G. being lower in rank, was not competent to pass an order against him. In this civil suit, contention of State is that the suit was barred by res judicata. Decide. 4. (a) What considerations the civil courts generally keep in mind while permitting amendment of the pleading? (b) What is meant by ‘substantial question of law’ in the context of second appeal from a decree. 5. (a) Write a short note on review of the judgement. (b) What do you understand from Order 2, Rule 2 of C.P.C. Distinguish it from the doctrine of res judicata. 6. (a) “An application under Order 7, Rule 11, C.P.C. ought to be decided on the allegations in the plaint and filing of written statement by the contesting defendant is irrelevant and unnecessary.” Discuss. (b) On what grounds can a civil court set aside ex parte decree against defendants under Order 9 of the C.P.C.? 7. (a) Write salient features of ‘Summary Procedure’ as contained in Order 37, C.P.C. (b) What do you understand by the term ‘triable issue’ in the context of the above order. 8. (a) Write a summary of the considerations, a judge will keep in mind while granting a temporary injunction under Order 39, R 1 and 2 of the C.P.C. (b) What are the consequences of disobedience or break of injunction granted under Order 39, CPC? *****


LL.B. V Term (Supplementary) Examinations, May-June, 2009 Note: Attempt five questions including Question No. 1 which is compulsory. All questions carry equal marks.

1. Attempt briefly any four of the following: (a) Interpleader suits; (b) Distinguish between decree and order; (c) Grounds of rejection of plaint; (d) Suits by or against government; (e) Summary procedure. 2. (a) What should a court do when plaintiff is present and the defendant is absent? What remedies are available to defendant is such cases? When can an ex-parte decree be passed and when it can be set-aside? (b) What are the consequences of plaintiff’s failure to appear when the defendant is present? What remedy is available to the plaintiff? 3. (a) ‘A’ filed a suit against ‘B’ to recover possession of certain immovable property on the basis of heirship. The suit was dismissed. Can ‘A’ file another suit on the basis of a ‘will’ in his favour? Give the reasons and legal provisions for your answer. (b) In a suit between ‘A’ and ‘B’ a decree is passed that house ‘Y’ belongs to ‘A’, ‘C’ files a suit against ‘A’ for getting house ‘Y’ on the ground that he is the owner of this house. ‘A’ takes the defence that there is already a declaratory decree that house ‘Y’ belongs to him. What decision shall be given by the court? 4. (a) What errors in a judgement, decree or order can be corrected by the court after signing and pronouncing the same without there being an application made for review? (b) Discuss the provisions relating to production of additional evidence in appellate court. Is it permissible at the second appellate stage? 5. Discuss the provisions of CPC relating to inherent powers of the court, power to make up deficiency of court fee and enlargement of time with the help of judicial pronouncements. 6. (a) When can a temporary injunction be granted by a civil court? (b) Can a court allow amendment of a plaint just before pronouncement of decree judgement? Critically examine the scope and stage of amendment of pleadings with the help of decided cases.


7. State the provisions which govern the determination of place of suing and answer the following questions? (a) ‘X’ residing in Lucknow publishes statement defamatory of ‘Y’ in Faizabad. At what place ‘Y’ may sue ‘X’? Advise. (b) ‘A’, ‘B’ and ‘C’ jointly took a loan from ‘D’ at Varanasi on a promissory note. ‘D’ lives in Lucknow, ‘A’, ‘B’ and ‘C’ reside in Faizabad, Varanasi and Kanpur, respectively. Determine the place of suing. (c) Certain immovable property of ‘A’ falls within the jurisdictions of Dehradun court as well as that of Haridwar. ‘A’ files a suit regarding them in Haridwar court, which is dismissed on the ground that larger portion of the said property is situated within the jurisdiction of Dehradun Court and only a very small portion of the same falls within the jurisdiction of Haridwar courts. Assess the judgement legally. 8. (a) Discuss the law relating to continuance of a suit when the plaintiff or defendant dies. State its consequences with case law. (b) Based on the study of case law and on your own understanding propose/suggest major amendments required in CPC which can help in speedy disposal of the civil suits. LL.B. V Term Examinations, December, 2010 Note: Attempt five questions including Question No. 1 which is compulsory. All questions carry equal marks. 1. Attempt briefly any four of the following: (a) Civil imprisonment; (b) Properties which are not liable to attachment or sale in execution of a decree; (c) Nature of function of mediatgor/Lok Adalat in contradiction to the function of the Court. (d) Powers of the Appellate Court; (e) Procedure to be followed by the Court when only plantiff appears. 2. (a) What kind of suits Court s have jurisdiction to try? Explain with the help of principles of ressub judice and res judicata. Support your answer with the help of relevant statutory provisions and case law. (b) Examine whether amendments made in the Code of Civil Procedure (Amendment) ct (22 of 2002) have been able to achieve the object with which they were made? Support your answer with the help of relevant statutory provisions and case law. 3. (a) While distinguishing decree from the order mention what kind of decrees are not appealable? Mention relevant statutory provisions.







(b) Under what circumstances second appeal would lie to the High Court from a decree passed in first appeal? Support your answer with the help of relevant statutory provisions and case law. (a) Define in brief the following terms with the help of relevant statutory provisions and case law: (i) Legal Representative; (ii) Interpleader Suit; (iii) Mesne Profits; (iv) Inherent powers of the Court (b) What is the procedure laid down in Code of Civil Procedure for filling suits by or against persons of unsound mind? Support your answer with the help of relevant statutory provisions and case law. (a) What are the remedies other than appeal available to an aggrieved party in a civil suit? Explain with the help of relevant statutory provisions and case law. (b) Under what circumstances amendment of pleadings in a civil suit is permissible? Explain. (a) What are the consequences of death of parties in a suit? Support your answer with the help of relevant statutory provisions and case law. (b) Under what circumstance appellate Court may allow to produce additional evidence at the appellate stage? Mention relevant statutory provisions and case law. (a) With the help of relevant statutory provisions and judgements explain the procedure under Order XXXVII, Rules 1 to 4 of the Code of Civil Procedure in respect of suits in which the plaintiff seeks only to recover a debt or liquidated demand in money payable by the defendant on a written contract? (b) What are the conditions precedent for filling suits by or against the Government? Is there any exception to the compliance of such conditions? If yes, state those circumstances? Write Short notes on any three: (a) Temporary Injunction; (b) Suits and Appeal as an indigent person; (c) Rejection of plaint; (d) Territorial Jurisdiction and power of the Court to transfer the suit.


LL.B. V Term Supplementary Examinations, June-July, 2011 Note: Attempt five questions including Question No. 1 which is compulsory. All questions carry equal marks. 1. Attempt briefly any four of the following: (a) Grounds for rejection of a plaint (b) Res Subjudice (c) Constructive Resjudicata (d) Notice under S. 80 of CPC (e) Foreign judgement whennot binding

2. (a) Explain the conditions necessary for a civil court to exercise jurisdiction. (b) (i) ‘A’ residing in Delhi, Publishes in Calcutta statements defamatory of ‘B’. The newspaper is circulated in Bombay, Madras and Hyderabad. Advise ‘B’ as to place of suing. (ii) ‘A’ advances loan of ` 60,000 to ‘B’. To bring the suit within the jurisdiction of Court x, ‘A’ sues ‘B’ for ` 50,000 only and obtains a decree. ‘A’ files a second suit for the balance of ` 10,000 in Court x. ‘B’ raises an objection. Decide in the light of relevant provision of CPC. 3. (a) Distinguish between Decree, Judgement and Order. (b) ‘A’ files a suit in the name and on behalf of his minor ward ‘B’ against ‘C’ under O.32. During pendency of the suit ‘B’ attains majority and seeks your advice for further course of action. Advice ‘B’. If ‘B’ happens to be a Co-plantiff, does its make any difference? 4. (a) What are the consideration the civil courts keep in mind while granting or rejecting an application for amendment of pleading? (b) Explain the scope and limitations on inherent powers of the court. 5. ‘A’ files an Election petition against ‘B’ challenging the election of ‘B’ before Election Tribunal. After due service of summons, ‘B’ files his counter and remains absent. The Tribunal conducts the proceedings exparate and adduces the evidence of the petitioner and three of his withnesses. ‘B’ appears before the Tribunals and seeks permission to participate in the proceedings and to set the clock back. Decide with the provisions of statutory law and case law. What is the procedure, if on the otherhand, ‘A’ does not appear on the date of first hearing and ‘B’ does appear? 6. (a) “Power to grant injunction under O.39 is extraordinary in nature and its must be exercised in accordance with sound judicial principles.” Explain the principles involved.


(b) ‘A’ files a petition of exparte injunction against ‘B’ restraining him from interfering with the possession of ‘A’. Can the court pass exparte injunction? If ‘B’ breaches the injunction order, what is the remedy available to ‘A’? If ‘A’ obtained the injunction by suppression of material facts what is the remedy available to ‘B’? 7. (a) Differentiate between an Ordinary suit and a Summary suit. Explain the grounds on which leave to defend will granted by the court in a Summary suit? (b) Explain the significance of ADR under S. 89 of CPC in disposing civil cases. 8. (a) Reference, Review and Revision are various remedies provided under CPC to cater to different situations. Bring out the distinctions between them. (b) What is meant by ‘substantial question of law’? Is it necessary to be of general importance? Give your answer in the light of decided cases.


LL.B. V Term

Civil Procedure

Cases Selected and Edited by
P.B. Pankaja

July, 2012

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