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CODE OF CML PROCEDURE

Preliminary (Ss. 1-8)
Q. 1, Write short note on the followinp-
(a) Mesne profits. (R.JS 1971, 1986, 1994, CGCJ 2003, DJS 2005,
B&JJS 1975, 201'&, 2006. HJS 2011)
(b) Preliminary decree (B&JJS 1979, 1980, RJS 1975, 1988)
(c) Legal representatives (UPJS 1988, RJS 1975, 1992, B&:JJS 2011. HJS 2011)
(d) Decree (RJS 1976. 1986, MPJS 2004, B&JJS 2006, 2011)
Q.2. Which orders are not included in tht> definition ol 'Decrtt'1 rRJS 199<ll
Q.3. What is the distinction between an illegal decree .&nd a void deaft? Can a void decree
be challenged in co11.ite.rul proceedings? (DJS 20071
Q.4. Define and distinguish between preliminary deoft and final dl!Cn!t!,
' ·~
[UPJS 1992. 1987, B&JSS 19861
•. ... . \' Q, s. Distinguish between decree and order. (MPJS 2009, UPJS 1991, B&JJS 1987)
Q. 6. Distinguish between judgment and ceder, [HJS 2011)
Q.7. Define decree and order and bring out ~ti.al distinction betweffl tht' two. Are the
folJowlng order decree, give NNISON,
(a) An order dismissing a suit in default.
(b) An order imposing cost.
(c) An order rejecting lhl! plAJ.nt. (B&JJS 19971
o.a. (a) Whal is a preliminary decree and in what cases such. a decree is passed? Enumerate
the types of suits in whlch the Code of Civil Procedwe provides for p.wlng of a
preliminary decree?
(b) Can two preliminary deem be passed in a suit? Expbin the illustration.
(c) Can two final decrees be passed in ~ civil sult7 Elucidate. IHJS 20151
Q.9. Define:
(a) Decree
(b) Order
(c) Judgment
Write in brief the distinguishing features from one another giving Illustrations.
(RJS 19691
Q. 10. What do you understand by pecwuary jurisdiction of a court? WilJ a court be competent
to hear a suit exceeding it's limit if the parties to the suit have given their consent?
[UPJS 19861
Q. 11. What do you understand by the pecuniary jurisdiction of a court? Will a court be
competent to hear a suit exceeding its limits if the parties to the suit have given their
consent? [HJS 19991

E-3
E-4 All States Judicial Service Examination - Unsolved Mains Paper Code uf Civil Procedure E-5
Jurisdiction of the courts (S. 9) Q. 7. A, a Hindu, dies leaving a widow and a brother, B. The widow sues B for recovery of
What do you understand by a 'suit of a civil nature'? (B&JJS 1978, 1991, 2000, 2011, certain property alleging that it was a self-acquired property of her husband, and that a
Q. 1.
HJS 1988, UPJS 1986, 1988, RJS 1979, 1992) will alleged to have been executed by her husband and relied upon by B was a forgery.
B alleges that the property was joint family property and that on the death of A he
Q.2. What is meant by jurisdiction of a civil court? [RJS 1992, 1999) became entitled thereto by right of survivorship, but he does not claim any title to the
Q. 3. What do you understand by "a suit of Civil Nature"? When may exclusion of civil property under the will. The Court finds that the property was self-acquired property
court's jurisdiction by inferred? Give two examples. [MPJS 2009) of A, and decrees the widow's claim. Subsequently B sues the widow to recover the
Q.4. How will you decide that a suit is of a civil nature? Are the following suits of civil same property from her, now claiming the same as a devisee under A's will. Is the suit
nature: barred as res judicata? [HJS 1986}
(i) Right to take out religious procession. Q.8. Does the Code of Civil Procedure make any provision for preventing courts of concurrent
(ii) Right of a Pardanasheen lady to observe Parda jurisdiction from trying at the same lime two parallel suits in respect of the same cause
of action? If so, what? Discuss. [HJS 1986)
(ill) Right to franchise [UPJS 2000)
Q. 9. B, residing in Calcutta, has an agent at Calicut employed to sell his goods there. A sues
Q. s. What do you understand by civil nature of a suit? Explain. Answer the reasons whether
B in Calicut claiming a balance due upon an account in respect of dealings between him
the following suits are of civil nature or not: and B. During the pendency of the suit in Calicut court competent to grant the relief, B
(i) Contribution of fund for holding festival. institutes a suit against A in Calcutta for an account and damages caused by A's alleged
(ii) The right of priest to worship in the temple. negligence. Can the Calcutta court proceed with the trial of B's suit. [HJS 1986)
(ill) Right of a Pardanasheen lady to observe Parda. Q. 10. Explain constructive res judicata. (HJS 1999, UPJS 1986, 2012)
(iv) Expulsion of a member from his caste. [UPJS 2006) Q.11. A files a suit against B for possession of House-X on the ground that the house belonged
to deceased C, who made a will of the house in his favour. A fails to prove the will
Res subjudice and Res judicata (Ss. 10-11) Hence, his suit is dismissed. Now, A files a fresh suit for getting the house against B
Q. 1. Define Res judicata. What are its objects? [B&JJS 1977) on the new ground, not taken in the previous suit, that he being the nearest heir o.f C
Q.2. A Hindu H dies leaving two daughters D-1 and D-2 and nephew N. 0-1 sues 0-2 is entitled to get the house. Is this suit maintainable? (HJS 1999)
and N to recover certain property under an oral will of H.0.-2 claims the property· Q, 12. Does the Code of Civil Procedure make any provision for preventing courts of concurrent
under a will in writing executed by H. N claims the property as undivided nephew jurisdiction from trying at the same time two parallel suits in respect of the same matter
of H. The Court finds that H and N were divided, that the will in writing in favour of in issue? If so, what? Discuss. [HJS 1999)
0-2 is the valid will of H and dismisses the suit of 0-1. Subsequently 0-2 sues N to Q. 13. (a) Discuss fully the conditions which are required to constitute a matter res-judicata
revocer the property under the written will. N contends that he and H were joint and and comment upon the following statement. "A verdict against a man suing in one
he became entitled to the property by survivorship. D-2 pleads the previous judgment capacity will not stop him when he sues in another distinct capacity".
as res-judicata. Will she succeed? Give reasons. [B&JJS 1977)
(b) 'A' files a suit for declaration that he is entitled to certain lands as heir to 'B'. The
Q.3. Write note on the followings= suit is dismissed. Can he claim in later suit title to the same properties on the basis
(a) Difference between Res sub-judice and Res-judlcata. [B&JJS 1987, HJS 1986) of adverse possession?
(b) Stay of suit [B&JJS 2011) (c) A Munsif decided in a maintenance suit that the husband had abandoned his wife
Q.4. Explain the principle of 'res judicata'. How does it differ from 'stay of suit'? Also state and therefore, the later was entitled to maintenance. Does the subsequent petition
whether 'res judlcata' applies to execution proceedings. [BJS 2014) filed by the husband for Judicial separation under Section 10 of the Hindu Marriage
Act, 1955 operate as res-judicata7 Give reasons for your answer. [HJS 2000)
Q, s. What is the scope and object of the doctrine of res judlcata? Discuss the conditions
necessary for Its application in legal proceedings. [HJS 1986) Q. 14. Discuss the principle of 'Res-judicata in the following proceedings:
Q.6. Nine Akali Sikhs sue for removal of the Mahant of a religious institution. The suit is (i) Application for Amendment of Decree
dismissed on the ground that the institution is a Hindu Dera and not a Sikh Gurudwara. ·(ii) Application for Review
Subsequently and after the passing of the Sikh Gurudwara Act, 1925, sixty-four Sikhs (Hi) Order of Maintenance. [HJS 2001)
sue for a declaration that the institution is a Sikh Gurudwara. ls the suit barred by res Q, 15. (a) Explain constructive res judicata with aid of suitable illustrations?
judicata? IHJS 19861
(b) In a previous ex parte decree against the municipality only. B who had obtained lease
of the same land from the municipality prior to the institution of such suit was not,
E-6 All States JudiciAI Service Examination - Unsolved Mains Paper
however, made a party to that suit. 'B' brought a subsequent suit against 'A' and
the municipality disputing A's right to remain on the land and interfere with the
construction works. Will the decree passed in favour of 'A' operate as res judicata
against 'B' in the subsequent suit? (HJS 2010]
Q, 16. What is the difference between res sub judice in Section 10 and res judicata in Section
11 of the Code of Civil Procedure, 1908? [HJS 2011]
Q. 17. 'A' files a suit against 'B' for evicting 'B' from a piece of land. 'B' puts up the contention
that no notice was given to 'B' for eviction and that the land being 'X' land, he cannot
be evicted. The court dismissed the suit on the basis of the fact that notice was not
given to evict. The court also concludes that the subject land is not 'X' land. Subsequent
to this, 'A' gives a notice to 'B' asking him to evict the land and on the failure of 'B'
to comply, institutes a suit against him. In the suit, 'B' seeks to contend that the land
being 'X' land, he cannot be evicted.
Decide if the second suit by 'A' is barred by Res Judicata, dealing therein the contentions
to be raised by 'B' in this suit that it is so barred? (HJS 2013]
Q. 18. Discuss whether the rule of res judicata laid down in Section 11 of the C.P .C. is exhaustive
and can be extended to execution proceedings also. Refer to decided cases. (RJS 1970]
Q. 19. Distinguish, with illustrations, between res sub-judice and res-judicata.
A sues B for a declaration of title to land and obtains a decree. A then sues C for
possession. C's contention is that B is the real owner and C is in possession as a tenant
of B. Discuss the validity or otherwise of the defence. [RJS 1971)
Q, 20. The principle of conclusiveness of judgment is a rule of estoppel. Discuss.
State briefly and four of the following as to whether the principle of 'RES JUDICATA'
would be applicable-
(i) if the previous suit was dismissed for default;
(ii) if the previous case was decided by a court of exclusive jurisdiction;
(iii) to proceedings in execution of a decree;
(iv) if the previous suit was compromised;
(v) if the previous decision was given by a court having no jurisdiction;
(vi) if the previous decision was erroneous in law. (RJS 1974]
Q. 21. State whether the following illustration is governed by the Principle of Estoppel or by
Res Judicata.
A intentionally and falsely leads B to believe that certain land belongs to A and thereby
induces B to buy and pay for it. The land afterwards becomes the property of A and A
seeks to set aside the sale on the ground that, at the time of the sale, he had no title. A
is not allowed in law to prove his want of title. [RJS 1980-81)
Q. 22 . What is 'res judicata'? (RJS 1984)
Q. 23 . Whether the principle of res judicata applies between two stages in the same
litigation? [RJS 1986]
Q, 24. What is the difference between res judicata and estoppel? [RJS 1986)
Q. 25. A suit is brought for partition on the ground of legitimate son of the deceased. Can a
'\ second suit lie on the ground of illegitimate son of the deceased? [RJS 1986)
Code of Civil Procedure E-7
Q. 26. Does the principle of Res-judicata apply between co-defendants? (RJS 1988)
Q. 27, What is meant by 'res-judicata'? (RJS 19991
Q. 28. What is 'res sub-judice'? [RJS 1999)
Q. 29. A, the owner of the shop and adjoining vacant site, brought a suit against B for recovery
of Rs. 500/- as arrears of rent on the allegations that B had been in occupation of the
shop as his tenant at a rental of Rs. 100/- per month and that he had not paid rent for
5 months.
B contested the suit and pleaded that he had been a tenant not merely in respect of
the shop, but also of the vacant site, at a rent of Rs. 1()()/- per month and that he had
already paid the rent in suit. The court framed the following issues:
(i) Whether the vacant sites is included in the defendant's tenancy?
(ii) Whether the defendant has already paid the rent in dispute?
The Court finally heard and decided these Issues holding that the vacant site was
included in the defendant's tenancy and the defendant had not paid any rent to the
plaintiff.
Subsequently, A filed another suit against B for recovery of the vacant site on the
allegation that the defendant was a trespasser in the vacant site and that the decision on
this point in the former suit was res judicata. B replied that it could not be res judkata
because the matter was not directly and substantially in issue in the former suit.
How would you decide the controversy res judicata, confining your opinion to the
interpretation of words directly and substantially in issue? [DJS 1m)
Q. 30. A mortgaged a property at Delhi to one K. A, B and C brought a suit for a declaration
that each of B and C were co-shares of the property to the extent of 1/Jrd and that
therefore mortgage by A alone was not binding on any of A and C.K. contended that
neither B nor C had any share in the property. That contention was upheld and the
suit was dismissed. Subsequently B and C brought a suit against A claiming that each
of them had 113rd share in the aforesaid property. A pleaded that the suit was barred
by res judicata on account of dismissal of their suit against K.
Decide the plea of A, giving reasons. (DJS 1976)
Q. 31. The Agra Court, rightly or wrongly, held in the above case that the suit was not
maintainable and that court had no jurisdiction. It further held that the suit should
have been instituted at Amritsar Court. Objections were taken by the Union of India
there that the suit was not maintainable as "A" had not served a fresh notice under
section 80 C.P .C. and that the Amritsar Court had no jurisdiction. "A" in replication
asserted that the defendant was estopped from challenging the jurisdiction of the court,
having pleaded so at Agra Court, and in any case the plea was barred by res judicata.
Decide. [DJS 1979]
Q. 32. Answer the following:
N, a sub inspector of Police in U.P. was dismissed from service by an order of the
D.I.G. 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. lt was
dismissed. N then filed a suit in Court of Civil Judge Etah in whlch he challenged the
E-8 All States Judicial Service Examination - Unsolved Mains Paper
order of dismissal on the ground, inter alia, that he had been appointed by the Inspector
General of Police and that the D.I.G. 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 judgement and decree of
the High Court. Discuss the merits of appeal giving reasons. (DJS 1980)
Q. 33. B was in occupation of a house belonging to A. In March, 1981, A had filed a suit for
possession alleging that B was a trespasser in the house. The suit was contested by B
who pleaded that he had become the owner of the house by adverse possession. The suit
was fixed for hearing on 15th July, 1981, on which date B appeared in the court but A
was unable to attend, and the suit was dismissed in default. On 10th December, 1981, B
died leaving behind his widow C. In January 1982 A brought a suit against C alleging
that she is in illegal possession of the house and praying that a decree for possession
be passed against her. Advise C if the suit is barred. Give reasons.
Q. 34. Two suits were filed by the plaintiff against the defendant and the issues in both the
suits were common. The suits were decreed on merits, after trial, by a common judgment.
Two appeals had been filed. One of the appeals was dismissed as barred by limitation.
What is the effect of this dismissal on the other appeal? Discuss giving reasons.
(DJS 1982)
Q. 35. On basis of a promissory note dated 1.2.80, 'A' filed a suit against 'B' on 2.3.81.
Subsequently on basis of another promissory note, while the earlier suit was pending
'A' filed another suit on 7.4.81 against 'B'. Both the suit were contested by 'B' and he
denied the execution of both the promissory notes. B filed an application for stay of the
subsequently instituted suit under section 10 of the Code of Civil P_roc_¢ure. How will
you decide the application? [DJS,984)
Q. 36. Landlady filed civil suit for recovery of possession and mense profit from her tenant.
Tenant pleaded that Rent Controller, not the Civil Court, has jurisdiction to entertain
eviction suit. The plea is legally correct. But the landlady contended that her two earlier
eviction petitions were rejected by the Rent Controller on objection of the tenant that it
was Civil Court and not the Rent Controller, which had jurisdiction to entertain eviction
suit against him as Rent Act did not apply on his tenancy. She has pleaded that those
judgements of the Rent Controller constitute res judicata between the parties and the
tenant cannot be allowed to approbate and reprobate and he is also Estopped from
taking inconsistent pleas in the civil suit. Dispose of the pleas of tenant and landlady
by a reasoned order. [DJS 1991)
Q. 37. A filed a civil suit for ejectment and arrears of rent against B, C and D alleging that
his tenant B was in arrears of rent and C and D were his sub-tenants. Only C and D
contested it. Trial Court decreed the suit for arrears of rent against B. It was held C
and D were not sub-tenants. Only B filed appeal which was dismissed by the Appellate
Court while observing that any evidence led by C and D could not be read against B
and further observed that it appeared that C and D being closely related to B were in
possession on his behalf. A filed second civil suit for ejectment and arrears of rent now
pleading, inter alia, that C and D were licensees of B and that the Judgment of the
Appellate Court in earlier case will operate as res-judicata. Is the plea of A about res
judicata correct? Give reasons for your view. [DJS 1991)
Olde of Civil Procedure
Q. 38, A became a tenant of seven lots of account grove under B. Annual rental agreed wu
Rs. 3,600/· to be paid in three installments. A filed a suit for declaration and injunction
alleging that B with the help of C is trying to cast clouds on his tenancy rights and to
dispossess him. The Court found that A had already been dispossessed. The suit was
therefore dismissed on the ground that suit for mere declaration does not lie in view of
the prohibition contained in the Specific Relief Act, without seeking the consequential
relief of possession.
A then filed another suit for possession of the land under his tenancy. The suit was
resisted on the ground, inter alia it is barred by principles of res judicata and also under
Order 2, Rule 2, C.P.C. Decide giving reasons for your decision, whether the defendant's
plea is sustainable. (DJS 1996)
Q. 39. A was tenant in the building belonging to X. X sold the building to B vide Ex. Pl Sale
deed dated 23.01.1989. On this footing, B filed eviction petition against A in 1990 on
ground of non-payment of rent. In written statement, A alleged that the building was
actually purchased by B's father as per Ex. Pl and B was only a name-lender therein
and was not entitled to rent or eviction order. After trial court found that B was the
real owner pursuant to Ex. Pl and was entitled to rent. However the suit was dismissed
as A deposited arrears of rent, which were allowed to be withdrawn by B. in 1994, B
filed suit for A's eviction on the ground of bonafide requirement. A contested the suit
on the ground that B was only benami to his father in Ex. Pl and the sale was void
being forbidden by The Benami Transaction (Prohibition) Act. B's contentions are that
there is bar of res judicata in reagitating issue regarding his title to the building; that
the party, who wants to prove that recitals in Ex. Pl are unture must bear the burden
to prove it. Is there any merit in his contentions? Give your judgement. [DJS 2000)
Q. 40. A filed suit against B for recovery of arrears of rent. B claimed that there was no
relationship of landlord and tenant between the parties. The trial court decided against
A. He filed an appeal against the judgment, but during appeal, he withdrew the suit
with liberty to file fresh suit on the same cause of action. He then filed a fresh suit on
the same cause of action. The defendant contested the suit and claimed that finding of
trial court in the previous suit operates as res judicata. Decide.
Q. 41. What are the conditions for applicability of doctrine of res judicata between co-
defendants? [DJS 2005)
Q. 42. A filed a civil suit for ejectment and arrears of rent against B, C and D, alleging that
his tenant B was in arrears of rent and C and D were his sub-tenants. Only C and
D contested it. Trial Court decreed the suit for arrears of rent against B. It was held
that C and D were not sub-tenants. Only B filed appeal which was dismissed but the
appellate court while observing that any evidence led by C and D could not be read
against B further observed that it appeared that C and D being closely related to B
were in possession on his behalf. A filed second civil suit for ejectment and arrears of
rent now pleading, inter alia, that C and D were licensees of B and that the judgment
of the appellate court in earlier case will operate as res judicata. Is the plea of A about
res judicata correct? Give reasons for your view? (DJS 20061
Q. 43. Write short notes on the following:-
(a) Stay of suits under Section 10 CPC.
(b) Applicability of Res Judicata to consent decree. [DJS 20061

E-10 All States Judicial Seroice Examination - Unsolved Mains Paper
Q. 44. A litigant filed a complaint before the Bar Council of Delhi against his advocate alleging
negligence. This complaint was dismissed. Aggrieved against dismissal order of State Bar
Council, A filed revision before Bar Council of lndia. This revision was also dismissed
on merits by speaking order. Subsequently, A filed a civil suit for damages based on
negligence of B. If decision of Bar Council of India will operate as resjudlcata in this
suit? Discuss the law and decide with reasons. [DJS 2006)
Q, 45. What is the difference between res judicata and constructive res judicata? Which
provisions of CPC contain the principle of constructive res judicata? [DJS 2007)
Q. 46. 'B' and 'S' were defendants in a suit filed on the original side of the High Court for
recovery of possession of the suit property. The suit was dismissed by the Single Judge
and the Plaintiff carried an appeal to a Division Bench. In the appeal, both 'B' and 'S'
were respondents. The Division Bench allowed the appeal. As respondents before the
Division Bench, both 'B' and 'S' were aggrieved by the decree against them. 'Bl, the
present Appellant, filed an SLP and thereafter 'S' also filed an SLP. Both in the matter
of filing the SLP and granting of leave, 'B's appeal was prior. The appeal filed by 'S'
was dismissed for default for non-removal of office objections. It was contended by the
Respondent-plaintiffs before the Supreme Court that inasmuch as the appeal filed by 'S'
was dismissed by the Supreme Court for non-prosecution, the judgment of the Division
Bench of the High Court would operate as res judicata. It was urged that the judgment
and decree had become final against 'B' and all other defendants in the original suit.
It was further contended that even otherwise the appeal should be dismissed as it
may result In conflicting decrees. That is, if the present appeal' were allowed, resulting
in setting aside the decree or making any modification thereof, it would result in the
anomalous situation of there being conflicting decrees between the same parties, arising
out of the same cause of action.
Whether the plea of the Respondent-plaintiffs that principles of res judicata will apply
to bar the appeal as not tenable? [DJS 2007)
Q. 47. Facts: (a) A suit for possession (1st Suit) was filed by one Chiranji Lal in 1975 against
Mohan and Sohan with respect to the suit property 10-Aurangzeb Road, New Delhi
pleading ownership under a sale deed dated 31.1.1974 from late Jai Ram, the father
of the defendants Sohan and Mohan. 1n this plaint Chiranji Lal pleaded that Jai Ram
had purchased the property on 1.1.1974 vide a sale deed from Sh. Om Shastri. Mohan
in his written-statement states that the sale deed by Jai Ram in favour of Chiranji Lal
is void for lack of consideration. Sohan in this suit pleaded in his written statement
that actually he was the owner of the suit property because he had purchased the suit
property earlier on 1.1.1973 from Om Shastri - the very person from whom his father Jai
Ram had purchased the suit property on 1.1.1974. This suit filed by Chlranjl Lal where
(
both Sohan and Mohan were defendants is not decided as on 1.1.1980.
(b) On 31.1.1980 Mohan files a suit against his brother Sohan for partition of the suit
property 10-Aurangzeb Road, New Delhi (2nd suit). Partition is claimed as the father
Jai Ram was the owner under a sale deed dated 1.1.1974 and that since Jai Ram died
intestate Sohan and Mohan were equal co-owners by inheritance. Declaration is also
·sought in this suit against Chiranji La! that Chiranji Lal is not the owner of the suit
property as the sale deed in his favour was void on account of lack of consideration.
Sohan defended this suit by pleading his exclusive ownership of the suit property
Code of Civil Procedure E-11
on account of his having the earlier sale deed in his favour dated 1.1.1m. Chiranji
Lal a defendant in this suit pleads his ownership of the property as per sale deed
dated 31.1.1974 and prays for dismissal of the suit.
(c) Sohan files on 1.3.1980 a suit for declaration of his exclusive ownership of the suit
property (3rd suit) on the basis of the registered sale deed dated 1.1.1973 and in
which suit both Chiranji Lal and Mohan are made as defendants. This suit filed by
Sohan, after evidence was led by all the parties, is decreed in favour of Sohan on
31.12.1981, holding that Sohan was the owner of the suit property although earlier
suits of Mohan and Chiranji Lal were still pending.
(i) Could the 3rd suit of Sohan have been decided and decreed by the Court although
earlier suits of Chiranji Lal and Mohan were pending? U yes, then by reference
to which provision of CPC?
(ii) If an application was filed by Chiranji La! in the 3rd suit stating that this suit
of Sohan cannot proceed till his/Chiranji Lal's suit is decided first, such an
application would have been moved under which provision of CPC and how
would the same have been decided?
(ill) What is the effect of the decision of the suit filed by Sohan on the pending suits
of Chiranji Lal and Mohan? [DJS 2011)
Q. 48. 'A' filed an eviction petition against her tenant 'B' before the Rent Controller Delhi On
the plea of 'B', the Rent Controller dismissed the Petition on the ground that it did not
have the jurisdiction to entertain the Petition.
'A' did not challenge the decision of the Rent Controller and filed. a suit before the Civil
Court Delhi for possession and mesne profits till the handing over of the possession.
This time 'B' contended in the written statement that the Civil Court did not have the
jurisdiction to entertain the suit as it fell within the jurisdiction of the Rent Controller.
'A' claims that 'B' was estopped from taking inconsistent plea regarding jurisdiction
and that decision of the Rent Controller would operate as res judicata on the issue of
jurisdiction. Further, once a decision had been given by the Rent Controller, it would
inappropriate for the Civil Court to review the said finding.
Decide, whether 'B' is barred by the principles of estoppel and also whether decision
of the Rent Controller on the issue of jurisdiction would operate as res judicata in the
subsequent suit filed by 'A' in the Civil Court. [DJS 2014J
Q. 49. Explain in brief:
Res-sub Judice. (MPJS 2003)
Q. so. When trial of a suit is stayed by a Court and what is the doctrine of Res Judicata.
[MPJS 2004)
Q. 51. Distinguish between the following term:
Res-sub Judice and Constructive Res Judicata. '[MPJS 2009)
Q. 52. What is doctrine of "Res sub judice" as provided in Section 10 of Civil Procedure Code
When can this doctrine be applied, Elucidate. (MPJS 20141
Q. 53. Discuss fully the condition which are required to constitute a matter res judicata and
comment upon the following statements-
E-12 All States Judicilll Service Examination - Unsolved Mains Paper
"A verdict against a man suing in one capacity will not stop him when he sues in
another distinct capacity."
(a) 'A' files a suit for declaration that he is entitled to certain lands as heir to 'B'. The
suit is dismissed. Can he claim in latter suit title to the same properties on the basis
of adverse possession?
(b) A Munsif decided in a maintenance suit that the husband has abandoned his wife
and, therefore, the later was entitled to maintenance. Does the subsequent petition
filed by the husband for judicial separation under section 10 of the Hindu Marriage
Act, 1955 operate as res judicata? Give reasons for your answer. (UPJS 1982)
Q. 54. What is the principle of Res judicata and in what circumstances can this principles be
applied? Distinguish between Res Judicata and Estoppel. [UPJS 1984)
Q. 55. Does the Code of Civil Procedure make any provision for preventing courts of concurrent
jurisdiction from trying at the same time two parallel suits in respect of the same matter
in issue? If so, what? Discuss. [UPJS 1986)
Q. 56. (a) Explain the doctrine of Res-judicata.
(b) Explain the distinction of Res-judicata with Res subjudice and Estoppel.
[UPJS 1988)
Q, 57. Explain the doctrine of "Res Judicata" provided in Section 11 of the Code of Civil
Procedure, 1908. How is the doctrine of Res judicata different from the rule contained
in Section 10 of the said Code? [UPJS 1997]
Q. 58. Explain the principle of res judicata between co-defendants. How res judicata differs
from res subjudice and estoppel? [UPJS 2003]
Q, 59. "The Legislature and Judiciary have taken several steps to reduce multiplicity of suits
and harassment of defendants again and again, under Civil Procedure Code, 1908."
Discuss the above statement with reference to sections 10, 11, 12 and Order 2 Rule 2 of
the Civil Procedure Code, 1908. (UPJS 2006]
Q. 60. On the basis of a contract, 'A' institutes a suit against 'B' and obtains a decree. 'B' now
wants to institute a suit against 'A' on the basis of an agreement between the parties
for which 'A' did not represent them fully. (UPJS 2006]
Q. 61. 'A' is an inspector in Police Service. He is dismissed from service by the 0.1.G. Police for
indisciplinary activities. 'A' files a writ in the High Court on the basis that no reasonable
opportunities were given to him for hearing and dismissal action was maJafide. This
petition was dismissed. After this, he instituted a suit challenging Article 311(2) of the
Constitution that he could be dismissed only by the LG. Police who was his appointing
authority. Will he be successful in his suit? [UPJS 2006)
Q. 62. 'A' files a suit for declaration that he is entitled to certain lands as heir of 'B'. The suit is
dismissed. Can he claim, in later suit, title to the same property on the basis of adverse
possession? Explain. (UPJS 2012)
Q. 63. Answer the following problem with reasons and relevant provisions:
A Junior Engineer of Public Works Department was dismissed from service by the
Superintending Engineer. 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 of being
heard. The writ petition was dismissed. He then filed a civil suit and raised an additional
Code of Civil Procedure E-13
plea that he was appointed by the Chief Zonal Engineer and, therefore, Superintending
Engineer being lower in rank, was not competent to pass this order against him. In this
civil suit, contention of State is that the suit was barred by res judicata. Decide.
(UPJS 2015)
Q. 64. It is not every matter decided in a former suit that can be pleaded Res Judicata in a
subsequent suit. Examine the condition which must be fulfilled to constitute a matter
as res judicata. £B&JJS 1980]
Q. 65. (a) Discuss fully the conditions which are required to constitute a matter Res judicata.
(b) 'A' files a suit for declaration that he is entitled to certain lands as heir to 'B'. The suit
is dismissed. Can he claim in later suit the same properties on the basis of adverse
possession? [B&JJS 1986)
Q. 66. 'A' claiming to be entitled to a house as tenant of X, sues B for possession, B is joined as
proforma defendant. The suit is dismissed on finding that B is the owner of the house.
X then sues B for possession and B pleads that the finding in the previous suit on the
issue of ownership operates as Res Judicata. Is the plea valid? Give reasons.
[B&JJS 19861
Q, 67. Explain the concept of constructive res judicata with the help of illustrations.
[B&JJS 1991)
Q, 68. What is Res Judicata? In what circumstances the principle of Res Jud.icata may be made
applicable? [B&flS 2006)
Q, 69. What is doctrine of Res Judicata? Under this doctrine when trial of the suit can be stayed
by a court? UJS 20141
Q, 70. (a) Discuss the doctrine of constructive res judicata.
(b) A sues B to recover certain property belonging to the estate of C, alleging that his
(A's) father had been adopted by C's brother D, to whom the property descended
on Cs death. The suit is dismissed on the ground that the adoption is not proved.
A then sues B to recover the same property claiming it as C's Bandhu. Is the suit
barred as res judicata?
(c) A, alleging that he is the adopted son of X sues B to recover certain property granted
to him by X under a deed and forming part of the estate of X. The court finds that
A is not the adopted son of X, but that he is entitled to the property under the deed
and a decree is passed in favour of A. Will the finding that A is not the adopted
son of X operate as res judicata in a subsequent suit between A and B in which the
question of adoption is again put in issue? [HJS 1988)
Q. 71. What is meant by 'Res-Judicata'? What is the public policy behind this principle? Whether
the provisions contained in the Code of Civil Procedure are exhaustive?' Whether the
principle of Res-judicata applies to execution proceedings? When a judgment operates
as Res-judicata between co-defendants? Answer the different aspects under separate
sub-headings. [HJS 1996)
Q. 72. What is an estoppel? How does it differ from 'Res Judicata'? [RJS 1992)
Q. 73. What ls res judicata? Discuss. Is the defendant barred by the principle of res judicata
where an issue in a previously instituted suit has been decided against the defendant
but the suit itself was dismissed? (RJS 1976)
E-14 AU States Judicial Service Examination - Unsolved Mains Paper
Foreign judgment (Ss. 13-14)
Q.1. Write notes on the followings-
(a) Foreign judgment [B&JJS 1977)
Q, 2. (a) Explain if the rule of conclusiveness of foreign judgement is different in its operation
from the rule of res judicata.
(b) Can a court in India consider whether conclusions reached in a foreign judgement
are supported by the evidence or are otherwise correct?
(c) When and how a decree of any foreign court can be executed in India. [HJS 2006)
Q.3. The decisions of the foreign courts in the scheme of CPC are treated with respect but
not as sacrosanct. Elaborate on the statement, supporting it with case law. (HJS 2013)
Q,4. Under what circumstances a foreign judgment is not conclusive? (RJS 1988]
Q. s. A, Hindu male married B, a Hindu female, at Delhi on 1st March 1970, according to
Hindu rites. A left to New York (U.S.A.) on 1st January 1972, leaving behind Bin India
A applied in a court at New York against B and obtained an ex parte judgment and
decree of divorce, without due service of notice on B, who all along remained in India.
B brought a suit at DELHI for maintenance as wife against A. A pleaded that in view
of decree and judgment of divorce, B was not his wife for the reasons as under:
(i) Judgment of divorce being a judgment in rem is binding on B under section 41 of
Evidence Act.
(ii) Decree having been based upon a foreign judgment is binding under section 13 of
Code of Civil Procedure.
Decide the pleas of A giving reasons. (DJS 1976]
Q. 6. What is a foreign judgment? Under what circumstances is it conclusive? (UPJS 1985]
Q.7. What do you understand by a 'Foreign Judgment'? In what manner may decree of a
Foreign Court be executed in India. (UPJS 1991]
Place of suing and transfer of suit etc. (Ss. 15-25)
Q. 1. Where can the suit lie in the following cases?
(a) A resides in Gaya, Bin Patna and C in Bhagalpur. A, B and C being together in Patna
pass a joint promissory note in favour of D payable in Patna. A breach is made.
(b) Defendant, a resident of Jamshedpur publishes a libel in Darbhanga against the
plaintiff causing him damages.
(c) A claims for the sale of B's two mortgaged houses situated at Chapra and
MuzafIarpur. [B&JJS 1978]
Q.2. Write note on the following:-
Place of suing when a decree is sought to be set aside on the ground of fraud.
Q, 3. Determine the forum for institution of suit in the folJowing cases:-
(i) A, who resides in Patna sells a plot of land situated in Ranchi to B who resides at
Gaya for Rs. 50,000. B has paid half the price to A. A now wishes to file a suit for
recovery of the remainder of the amount from the B.
(ii) X, brings a suit in Patna in respect of two houses, one situated in Patna and the other
at Muzaffarpur. Subsequently the claim regarding the Patna house is withdrawn
Code of Civil Procedure E-15
by X. Can the Patna Court now adjudicate in respect of X's claim regarding the
Muzaffarpur house? [B&JJS 1986)
.. Q. 4 . Determine the place of suing in the following cases:-
(i) A is a tradesman in Calcutta, B carries on business in Delhi, B through his agent in
Calcutta buys goods from A and requests A to deliver them to the Eastern Railways
in Calcutta. A delivers goods accordingly in Calcutta. At which place A may sue B
for the price of goods?
(ii) A residing in Delhi, publishes a defamatory statement about B in Calcutta. B is a
resident of Patna. (B&:JJS 1991)
Q. 5. Explain the basic rules governing jurisdiction of civil courts. [B&JJS 20001
Q. 6. "A" and "B were living in Chennai as on 18.11.1989. u A" lent Rs. 28,000 to "B". This
amount as paid through a cheque issued at Chennai. 'B' executed a promissory note on
the same date favouring 'A' and promising to repay the amount with interest @ 18%
p.a. In 1994 'A' shifted to Delhi even though 'B' continued to live in Chennai. Because
'B' had not either repaid the principal loan or interest or any part thereof. 'A' filed
a suit in 1997 in a civil court at Delhi for injWlction against 'B' with a prayer to the
court to pass decree of injunction against 'B' to pay entire loan amount with interest
to 'A'.
'B' has engaged you as his Counsel. Draft a written statement on his behalf limited to
• raising of all legal pleas against the suit. Each legal plea must be raised in a separate
paragraph. UJS 2001}
Q.7. Under which section of CPC can a suit be transferred from one court in a district to
another court in some other district and which is the competent court to order such
transfer? UJS 2001]
Q. 8. Explain the provisions relating to raising of objection to the jurisdiction of the court
under the Code of Civil Procedure. [BJS 2014)
Q. 9. A resides at Simla, B at Calcutta and C at Delhi. A, B and C being together at Benaras, B
and C make a joint promissory note payable on demand, and delivered it to A. Advise
A, for the place to institute the suit. (HJS 1984]
Q, 10. A transport company has its head office at Chandigarh and branch offices at Chennai,
Jaipur and Mumbai. A dispute cropped up between Sam and the company in respect
of a transaction made through Chennai office. Sam files a suit in respect of this dispute
against the company in .a court at Jaipur. How the court wilJ decide? (HJS 1999]
Q, 11. State the provisions which govern the determination of the place of suing. [HJS 20001
Q.12. The head office of a transport company was situated at Chandigarh and the branch
'(
offices as Lucknow, Jaipur and Patna. A dispute arises between X and the company
in respect of a transaction made through Lucknow office. X files a suit in respect of
this dispute against the company in a Court at Jaipur. How the court wili decide?
[HJS 2001)
Q.13. There is an apprehension that there may not be a fair trial in the jurisdictional Court
where the cause of action has arisen? Can the place of sitting of the Court be transferred
beyond the jurisdictional Court under the provisions of Punjab Courts Act, 191S
[HJS 20091
E-16 All States Judicial Service Examination - Unsolved Mains Paper
Q. 14. What is the proper place of suing in the following cases?
(i) a suit by a guardian for the custody of his ward;
(ii) a suit for damages for the custody of his ward;
(iii) a suit against a corporation;
(iv) a suit for mesne profits;
(v) a suit for specified performance of a contract of sale of immovable property;
(vi) a suit for a tort. [HJS 2010)
Q. 15. 'A' is a tradesman in Calcutta. 'B' carries on business in Delhi. 'E', buys goods of 'A'
through his agent in Calcutta and requests 'A' to deliver them to the Indian Railways.
'A' deliver the goods accordingly in Calcutta. Where can 'A' sue 'B' for the price of the
goods delivered by him to 'B'? [HJS 2011)
Q. 16. What are the general principles governing territorial jurisdiction of Courts for the
purpose of filing of suits?
State, in which Court, a suit should be filed
(i) For redemption of mortgage of immoveable property.
(ii) For recovery of compensation in respect of breach of contract relating to goods sent
by rail from the place A, when the consignor having booked the goods as 'self,
sent the Railway Receipt to a Bank at the place of destination 'B' with directions to
deliver the same to the other party against cash payment.
(iii) For compensation for wrong done to movable property at A, where the plaintiff
resides at B and the defendant resides at C.
(iv) For recovery of rent of immovable property situated at A and the owner resides
at B. [RJS 1974]
Q. 17. Where would the following suits lie?-
(i) A suit for recovery of immovable property situated outside the State
(ii) A suit for partition of immovable property by a member of a joint Hindu family
against other members of the family when a small portion of the immovable property
is situated in Rajasthan, but the larger part of it is situated in Calcutta. [RJS 1979)
Q. 18. Under what circumstances can an objection as to place of suing be allowed by an
appellate court? (RJS 1979)
Q. 19. 'A' is a tradesman in Calcutta. 'B' carries on business in Delhi. 'B' by his agent in
Calcutta, buys goods of 'A' and requests 'A' to deliver them to the Railway.' A' delivers
the goods accordingly in Calcutta. At what place 'A' can sue 'B' for the price of the
goods? [RJS 1986)
Q. 20. In which court and at what place should any suit be instituted? [RJS 1988)
Q. 21. What are the rules regarding the institution of suits in Civil Courts? How the territorial
jurisdiction is defined? [RJS 1994)
Q, 22. Describe the general powers of a Court to transfer suits or appeals. Can a party apply
for such transfer? If so, describe the procedure to be adopted in the matter. [RJS 1999)
Q. 23. Under what conditions, the objection as to the place of suing can be allowed by any
appellate or revisional Court? [RJS 20161
Q. 24. Have Delhi Courts territorial jurisdiction to entertain suit in following cases under
section 20 C.P.C. (section reproduced).
Code of Civil Procedure E-17
(a) A, an advocate resides at Faridabad, District Gurgaon, Haryana, but practices in
Courts at Delhi by coming on working days to Delhi. B, from whose factory at
Faridabad A purchased electric appliance on credit, brings a suit for recovery of price
at Delhi.
(b) A merchant named X brings a suit against Union of India at Delhi for short delivery
of goods, carried by rail from Moradabad to Ghaziabad, (U.P.) by Northern Railway
having head-quarters at Delhi.
Give reasons in support of reply. !DJS 1973)
Q. 25. The plaintiff, a resident of Faridabad, has filed a suit in the Delhi Courts against the
defendant, a resident of Delhi, for a declaration that he has half share in a house situated
in Kanpur and in the sum Rs. 50,000/- lying deposited in a bank in Delhi and that the
defendant has wrongfully got the house registered in his own name and is also not
admitting the claim of the plaintiff in the amount. The defendant has contested the
suit on the ground that Delhi courts have no jurisdiction to try the suit. How will you
decide? Give reasons. (DJS 1982.)
Q. 26. A resides at Shima, B at Calcutta and C at Delhi. A, B and C being together at Varanasi,
B and C make a joint promissory not payable and deliver it to A.
A files a suit for recovery at Varanasi, B and C object to the Jurisdiction of Court at
Varanasi to try the suit asserting that defendants B and C do not reside at Varanasi.
How would you decide the objection? (DJS 1989)
Q. 27. Respondent has its registered head office in Delhi. Agreement was executed between
it and the petitioner for execution of certain work at Rihand (U.P.). Certain disputes
having arisen between the parties, the same were referred to Arbitrator. Award was
filed in the Court at Delhi. One of the objections raised by the respondent was that the
Court had no jurisdiction as worksite was at Rihand, work was allocated and executed
at Rihand, agreement was executed at Rihand and breach, if any, was also committed
at Rihand. It was contended that as no part of the cause oi action has arisen within
territorial jurisdiction of the Court, it will have no territorial jurisdiction to entertain the
award made. Contention of the petitioner is that since principal/corporate office of the
respondent is situated at Delhi, this Court will have territorial jurisdiction. The question
to be decided is whether the Court within whose jurisdiction principal/regd. Office of
company is situate, will have jurisdiction to try the suit even if no part of cause of action
has arisen within its jurisdiction and the cause of action has accrued at a place where
the company has its subordinate office. Decide the point. (DJS 1999)
Q. 28. A supplied goods at Mumbai to a company having its principal office at Mumbai and
branch offices throughout the country, including Delhi. Since B failed to pay the price
of the goods, A filed a suit in Delhi, for recovery of price of goods, on the ground that
B was also carrying on business at Delhi and therefore Delhi Court also had jurisdiction
to try the suit. Decide. !DJS 20051
Q. 29. A resides at Shimla. B at Kolkata and C at Delhi. A, B and C being together at Varanasi,
B and C make a joint promissory note payable on demand and deliver it to A. A filed
a suit for recovery at Varanasi. B and C object to the jurisdiction of court at Varanasi
to try the suit asserting that defendants B and C do not reside at Varanasi? How would
you decide the objection? [DJS 2006)
E-18 All States JudiciAI Service Examination - Unsolved Mains Paper CodeofCivilProcedure E-19
Q. 30. State the provisions which govern the determination of the place of suing. [UPJS 1987) Write short note on Interrogatories. IRJS 1975)
Q. 3.
Q. 31. In the following cases determine the place of the case: In what circumstances and in what manners "substituted services" are made?
Q.4.
(i) A, B and C jointly take a loan from D at Varanasi on a promissory note. D lives in (RJS 1988)
Lucknow. A, Band C reside in Faizabad, Varanasi and Kanpur respectively. The plaintiff in a suit at Delhi applies to the court to issue summons to (i) A, the
Q. 5.
(ii) A residing in Delhi, publishes a defamatory statement about B in Calcutta. B is defendant, residing at Jalpaiguri, and (ii) B, witness, residing at Ahmedabad, both of
resident of Patna. [UPJS 1987) which are more than 500 km. from Delhi. Can his request be granted? (DJS 2005)
Q, 32. Determine the place of suing in the following cases: Q. 6. State the procedure for issuing the summons and their service on the defendant of the
(i) A, a resident of Delhi. 'B' resident of Bangalore and 'C' of Calcutta met at Kumbh suit and explain when a summon can be served by substituted service. [MPJS 19961
Mela in Allahabad. There 'B' and 'C' borrowed Rs. 10,000 /- from 'A' and jointly Q. 7. What do you understand by substituted service of defendant? How the summons on
executed a pronote and handed it over to' A'. All of them went back to their respective defendant who is in jail or who resides out of India and has no agreement in India will
places but the money was not returned, 'A' wants to file a suit for recovery of his be served? (MPJS 2001)
money. Q. 8. A summons for defendant was properly addressed, prepared and dully sent by registered
(ii) Father of 'A' and 'B' had a bungalow at Nainital, one house at Lucknow and Delhi post, acknowledgement due but the acknowledgement has not been received by the
each and two big mango-groves in the district of Sitapur. After the death of the father. Court within thirty days from the date of the issue of he summon. Whether the court
'A' took over the management of the entire property and began appropriating the can presume the service of summon on the defendant? Give reasons. (MPJS 2001)
income. 'B' want to sue for partition of the property. (UPJS 1991] Q. 9. Describe the exigencies, procedure and effect of a substituted service of summons.
Q. 33. A is tradesman in Calcutta. B carries on business in Delhi B, by his agent in Calcutta, (MPJS 20UI
buys goods of A and request A to deliver them to a transport company. A delivers the Q. 10. (a) Define Summons? What are the objects or service of Summons? What are modes of
goods accordingly in Calcutta. A want "to sue B for the price of the goods. Decide with affecting service of summons on defendant? Discuss fully.
reasons, the place of suing. (UPJS 1997) "' (b) 'A' the plaintiff, knew the where about of 'B', the defendant and inspite of that fact,
Q. 34. Discuss those provisions of Civil Procedure Code which are applied in determination A obtained by false representation an order for substituted service by giving to court
of forum for filling a suit relating to immovable property. (UPJS 1999) to understand that 'B' had been deliberately avoiding service. Discuss whether 'B'
Q. 35. Enumerate the provisions by which place of suing is determined. (UPJS 2012) had been properly served. [UPJS 1982)
Q. 36. 'A' files a suit against 'B', at Mee.rut. 'B' moves an application before Supreme Court Q. 11. What are the modes of effecting service of summons on the defendants? [UPJS 19851
directly and requests for the transfer of the suit to any other court outside Meerut. 'A' Q. 12. The court issues a summon against A under section 30 of the Code of Civil Procedure,
challenges 'B's right of filing such application directly to the Supreme Court. Decide. 1908 but he does not appear before the court. What steps can be taken by the court to
(UPJS 2013) compel his attendance? (UPJS 1997)
Q. 37. Answer the following problem with reasons and relevant provisions: Q. 13. Explain the essential ingredients of Summons. What are the different modes of service
'B' appoints 'A' as Factory Representative of his Finn for Chennai territory for appointing of summons to the defendant? IUPJS 2015)
dealers of his products there. Firm's Head Office is situated at Kolkata. 'B' posted a letter
at Kolkata terminating the appointment of 'A' as Factory Representative, which was Interest (S. 34)
received by 'A' at Chennai. 'A' wants to file a suit against 'B' for damages and accounts. Q, 1. Explain if and when: (i) interest prior to the date of the suit, (ii) interest pendente lite
What is the proper place of suing in this case? [UPJS 2015) and (iii) future interest can be totally declined or granted at 6% p.a. or at the contractual
rate by the Court,
Institution of suit (S. 26 & Order IV) Can the court award interest.
Q. 1. Write short note on Verification of Pleadings. (RJS 1974]
(i) on the aggregate amount which includes the principal sum and the amount.of
Summons & discovery (Ss. 27-32 and interest;
Order V, XI, XVI & XVIA) (ii) at a rate higher than what was contracted between the parties;
Q. 1. Write short note on Substituted Service. (B&JJS 1984) (iii) in a suit which is not simpliciter for money;
Q. 2. What remedies are available to the plaintiff where the defendant either refuses to sign (iv) by way of damages;
the acknowledgement regarding the service of summons or cannot be found and has (v) while executing a decree;
no agent empowered to accept service on his behalf. [RJS 1974) (vi) in an appeal. IHJS 2006]
E-20 All States JudiciJll Service Examinatwn - Unsolved Mains Paper Code of Civil Procedure

Q. 2. Write short note on the following- Q. 10. 'A' obtains a decree against 'B' for Rs. 10,000. Subsequently, 'A' agrees lo accept
Rs. 7,000 in full satisfaction of the decree and 'Bl pays Rs. 7,000 out of court, but neither
Decree in a suit for redemption or sale of immovable property (RJS 1974) the payment nor the adjustment is certified by the court. 'A' applies for execution of
Q. 3. How 'interest' is awarded in a money-decree? [RJS 1994) the full amount of the decree notwithstanding receipt by him of Rs. 7,000. 'B' objects
Costs (Ss. 35-35B & Order XXA) to the execution on the ground that the decree has been adjusted and the payment has
been made. Discuss. [HJS 2003)
Q. 1. What are the circumstances in which the plaintiff can be ordered to give security for
the payment of the defendant's costs of the suit? (B&JJS 1978] Q.11. What are the conditions that must exist for making an application for the execution of
cross-decrees? [HJS 2006)
Q. 2. Explain and illustrate the rule that costs shall follow the event. Are there any exceptions
to this rule? Discuss. (B&JJS 1980, 1987, 2006] Q.12. What is the procedure for attaching agricultural produce in the execution of a decree?
[HJS 2006)
Q.3. Write short note on Compensatory Costs [B&JJS 1984)
Q. 13. The trial of the suit had been transferred to Chandigarh from Mohall by the High Court
Q.4. When can a civil court impose costs by way of compensation and costs for causing
at B's behest. The execution proceedings have been filed at Chandigarh and objections
delay? (HJS 2011]
of B were dismissed by the executing court. Now should S continue proceedings at
Q. 5. Write short note on Cost ordinarily follow the event. (RJS 1971) Chandigarh or not? Also what should be the remedy of S for expeditious conclusion
Q. 6. How costs are imposed for causing delay? (RJS 1994] of the execution proceedings without unwarranted obstruction or resistance of B.
Q. 7. Defendant in a suit failed to produce on a date fixed by the court for this purpose. Cost [HJS 2007)
of Rs. 2000/- was imposed on him and the case was adjourned. On next date of hearing, Q. 14. For how much period a person can be detained in the civil prison in execution of a
defendant did not pay the cost and the plaintiff also did not insist on cost. The case money decree and when he is to be released from such detention? Can he be released
was again adjourned. On next date, plaintiff pressed for striking out the defence as the from such detention before the expiration of the said period? [HJS 2010)
cost had not been paid. Decide. [DJS 2005)
Q. 15. On what ground can the sale of immovable property in execution of a decree be set
Execution (Ss. 36-74 & Order XXI) aside? At whose instance such sale can be set aside. [HJS 2010)
Q. l. Explain fully the difference between execution of a decree and restitution. (B&JJS 1975) Q. 16. Discuss the law relating to rateable distribution on the assets of a judgment debtor which
are in the custody of the court.
Q. 2. All questions arising between the parties to the suit in which the decree was passed,
or their representatives, and relating to the execution, discharge or satisfaction of the Decree-holders A, B and C had applied for the execution of their several decrees against
decree, shall be determined by the Court executing the decree and not by a separate the judgment debtor Y. P another person sues Y in the same court for money due and
suit, Discuss. [B&JJS 1978) applies for the arrest of Y before judgment. Y pays the required amount in the court to
Q. 3. B's property is attached in execution of a money decree obtained by A. While the avoid arrest. Is this amount liable for rateable distribution among the decree-holders?
attaclunent is pending, B sells the property to C who pays off a mortgage prior to A's Discuss. IRJS 1970)
suit. The property is then sold in execution and is purchased by D, what are the rights Q. 17. State, giving reasons the remedies available to A in the following case--
of B, C and D? [B&JJS 1980] A has obtained a money decree against B who does not reside or own property
Q. 4. What question may be determined by the Court executing Decree? [B&JJS 1984] within the local limits of the jurisdiction of the court which passed the decree.
Q. 5. Define court which passed a decree and explain the provisions for transfer of decree for (RJS 1971)
execution. [JJS 2014, MPJS 2004) Q, 18. What remedies are available to the decree-holder in whose favour a decree for sale or
Q. 6. Explain the meaning of Precepts. [BJS 2014) delivery of immovable property has been passed but such property is situated outside
Q.7. What is the procedure regarding the settlement of disputes in connection with execution
the jurisdiction of the Court which passed the decree? (RJS 19741
discharge or satisfaction of a decree before the execution court? Can separate suit be Q. 19. It is generally said that the trouble of a suitor really begins in our country after he
filed for settlement of such dispute? [HJS 1998] obtains a decree. Discuss, giving your own reasons as to whether the above statement
is correct or not, in your opinion.
Q. 8. Discuss the statement that an executing court cannot go behind the decree. What are
the questions that may be determined by the court executing the decree? What obstacles are likely to arise in the execution of a decree for the sale of immovable
[UPJS 1986, HJS 19991 property and how can they tie overcome? Describe the procedure for the execution of
such decree. (RJS 1975)
Q. 9. Explain in detail the different modes of execution of a decree under CiviJ Procedure
Code. (HJS 2003) Q. 20. Write short note on Precept. IRJS 1976, DJS 20061
E-22 All States Judicial Service Examination - Unsolved Mains Paper Code of Ciuil Procedure E-23
Q, 21. How can a decree be enforced in the following?- Q. 35. A is survived by his widow, daughter, sister and four brothers. On a partition suit filed
(!) A decree for specific performance of contract. by B, one of the brothers of deceased A, the disputed property fell to the share of C,
(2) A decree for restitution of conjugal rights. IRJS 1976) the daughter of A. During the pendency of partition suit filed by B, B was appointed
Q. 22. Which is the Court competent to deal with question relating to execution, discharge and
receiver of the entire estate of A. In this capacity B inducted D as a tenant and look
some advance from D but the possession of whole of leased premises was not given
satisfaction of a decree? Can an Court executing a decree, go behind the decree? Is so,
under what circumstances? to D. So, D filed a suit against B for recovery of the amount of advance. This suit ms
decreed against B and his estate. In execution of this decree D purchased the suit land
What should the executing Court do when a decree imposes reciprocal obligations on belonging to C in auction and then transferred it to some other persons without any
both sides? [RJS 1977) notice to C. C then filed a suit for recovery of possession of her land. The suit was
Q. 23. How can a decree for- resisted by D and his transferees on the ground, inter alia that the same is barred by
(i) specific performance of contract, section 47 C.P.C. Decide whether the bar created by section 47 C.P.C. will apply to the
(ii) restitution of conjugal rights, suit filed by C. [DJS 1996)
(iii) injunction, Q. 36. A obtained a decree for possession of immovable property against B. That decree became
be enforced in execution? final. Thereafter A files execution application dt. 24.05.1979 under order 21, Rule 35(3),
In what manner a decree for delivery of possession against a tenant or an other person C.P.C. The execution was resisted by C whereupon A filed an application on 25.05.19?9
entitled to occupy the same can be executed? complaining of resistance by C and seeking police aid for execution of decree. C does
not claim through B. So the Court directed A to file an application under Order 21,
Does a certificate of sale of immovable property give any warranty of title to the Rule 97, C.P.C. A filed the application under Order 21, Rule 97, C.P.C. on 18.07.1979,
purchaser? IRJS 1977) but the said application was dismissed as being barred by Limitation under Article
Q, 24. In what circumstances does the court confirm the sale in execution proceedings? 129 of the schedule to Limitation Act. A then filed another application under Order
[RJS 1984) 21, Rule 97, C.P.C., which too was dismissed as being barred by res judicata. A filed
Q. 25. A judgment debtor is detained in civil prison in execution of a decree. Whether after appeal contending that the very first application dt. 25.05.1979 under Order 21, Rule
release, his liability to pay the debt is discharged? [RJS 1986) 35(3) could be treated as the one under Order 21 Rule 97, C.P.C. so the application was
Q, 26. How a decree for injunction can be executed? [RJS 1991) within time. How will you decide the appeal? (DJS 1996)
Q. 27. What are precepts? [RJS 1992) Q. 37. X, a Clerk Grade 1, was transferred from Gandhi Nagar to Jabalpur. His request for
Q. 28. What do you mean by an executing court? [RJS 1994) transfer to his home town near Mandsore on account of illness of his father was not
Q. 29. State the properties which may be attached and cannot be attached. (RJS 1999) acceded to. This led him to submit resignation. He was not informed if the resignation
has been accepted. There was some correspondence in late sixties but he did not join
Q, 30. When can a judgement debtor be sent to civil prison for not paying the decretal
duties and period of more than five years elapsed. This led Department to assume that
amount? [RJS 2011) he had voluntarily resigned. In 1979, X filed a suit against state for declaration that he
Q. 31. Explain the concept of "Precept" under the Code of Civil Procedure, 1908. [RJS 2014) continued to be in service. The suit was decreed with costs on 1.10.82. Appeal against the
Q. 32. Under which provision of Code of Civil Procedure, restoration or setting aside of orders decree was dismissed on 26.4.86. X filed execution for all consequential benefits, salary,
passed ex parte can be sought regarding an application filed under Order XXI of CPC dearness allowance, promotion etc. of the service, on the ground that once the court gave
which has been dismissed for non appearance or decided ex parte? [RJS 2016) a declaration about his legal status that he was still in continuance of service and his
Q. 33. A purchased property from B. The sale however was fictitious. A paid Rs. 5000/· to services were never terminated, the necessary consequence would be that he shouJd be
save the said property from being sold in execution of decree obtained by C against B. granted arrears of salary and other consequential benefits. State opposed the execution
A then filed a suit for the recovery of Rs. 5000/· against B. application on the ground that the court did not pass any decree of reinstatement of
How will you decide the case? Give reasons. [DJS 19761 X on the post or for payment of any salary to him and that X had not prayed for
reinstatement and for arrears of salary and since he remained absent from his duty, he
Q. 34. Raja of a State obtained an ex parte money decree against his treasurer from ~ court of was not entitled to any salary on principles of "no work no salary''. It was however
his own native state. The treasurer had, however, left the state service and settled in mentioned that respecting the decree. Government had reinstated the decree holder. The
Delhi at the time of institution of the suit which resulted in aforesaid ex parte decree. objections were dismissed by the executing court. State has come up in appeal. Decide
Raja then brought action in a court at Delhi on the basis of the ex parte judgement and the appeal. (DJS 1999)
Objection was raised by Treasurer that Court of the native state that pronounced the Q. 38. Eviction-petition filed by A against his tenant B was dismissed on 25.09.1956 accepting
judgement was not a court of competent jurisdiction and decree was not on merits. Give plea of B that there was no relationship of landlord and tenant between the parties. A
reasons. Decide. [DJS 1980)
filed appeal, which was allowed on 30.0957 holding that B was tenant and grounds
E-24 All States Judicial Service Examination - Unsolved Mains Paper
existed for his eviction. (During pendency of appeal, C purchased the property from A
on 18.06.1957 subject to decision of appeal). B filed Revision, which was dismissed on
19.09.58 holding that B was tenant and three months time was granted for vacation of
premises. C was in Government Service and was moving from place to place. On 24.07.69
C filed eviction petition against B, who contended that he was not a tenant and had
acquired title by adverse possession. On 05.08.70, C filed suit for possession based on
title, which was resisted on the ground that B had =cquired title by adverse possession;
suit was in reality in nature of execution of earlier eviction order but execution of
decree was time-barred and the suit stood barred by section 11 and 47 C.P.C. C refutes
all this and says that the suit was based on fresh cause of action and has been filed
within 12 years from the final eviction order. Give your decision on the points raised.
[DJS 2000]
Q. 39. Can the executing court go behind the decree? [DJS 2005]
Q. 40. Write short note on Garnishee order. (DJS 20061
Q. 41. 'M', which is a foreign bank, filed suit for recovery against 'N', an Indian resident. This
suit was filed·in a court of England under 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 the merits of the case", The bank took the plea that the English court
had 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'? (DJS 2007)
Q. 42. The plaintiff instituted a suit pleading that one A was the producer of certain films,
negatives whereof had been kept by him in the custody of defendant No. 3 Laboratory
for preservation; A died leaving the defendants No. 1 and 2 as his only legal heirs; that
upon the demise of A, defendants No. 1 and 2 had become the owners of the films,
negatives whereof were kept in the custody of the defendant No. 3; that the defendants
No. 1 and 2 had sold their rights in the said films/negatives in favour of the plaintiff.
The plaintiff thus sued for mandatory injunction for direction to defendant No. 3 to
deliver the negatives of the films to the plaintiff. The defendants No. 1 and 2 did not
contest the suit. The defendant No. 3 files a written statement pleading that A had
kept the negatives with it for safe custody on payment of charges; that a sum of Rs. 6
lacs was due towards the said charges. One of the issues framed in the suit was as to
whether the defendant No. 3 was entitled to the sum of Rs. 6 lacs towards charges for
safe custody of the negatives. The defendant No. 3 did not lead any evidence in the
suit. Resultantly, the issue as to its entitlement to Rs. 6 lacs was decided against it. The
decree for mandatory injunction was passed direeting the defendant No. 3 to hand over
the negatives to the plaintiff subject to payment of appropriate charges. The plaintiff
filed an application for execution. The defendant No. 3 again said that besides the sum
Code of Civil Procedure E-25
of Rs. 6 lacs earlier stated, to be due, further amounts had accrued towards charges for
safe custody of the negatives.
How would you proceed with the execution. (DJS 2010)
Q. 43. For an immovable property situated at Kanpur a suit is filed for specific performance
in Jaipur on the ground that the agreement was executed in Jaipur, and where both
the proposed buyer and seller resided and worked for gain. The suit is contested and
decreed by the court at Jaipur and the appeals against the decree are dismissed right
upto the Supreme Court. In execution proceedings the defendant/judgment debtor takes
up the objection that the decree is null and void as the same is passed by a court which
did not have, inherent jurisdiction as the court which had inherent jurisdiction was only
the civil court at Kanpur.
(i) Under what provision the objection is filed to the execution of the decree? and will
it succeed, if so why?
(ii) What would be your answer if the plaintiff/ decree holder contends that the objection
raised by the judgment-debtor is an objection not to the inherent jurisdiction of the
court but only qua the territorial jurisdiction and which stands waived then what
would be the provision of CPC "which would be relied upon by the decree holder?
£DJS 2011]
Q. 44. What properties are not liable to attachment and sale in the execution of decree?
[UPJS 1997]
Q, 45. How and to what extent a decree can be executed against legal representative of a
deceased judgement-debtor? [lJPJS 1999)
Q. 46. Discuss the provisions of Civil Procedure Code regarding the attachment and sale of
property in execution proceedings.
Q. 47. 'A' who has purchased an immovable property at an auction sale conducted during the
execution of a decree against the judgement debtor 'B', is resisted in obtaining possession
of such property by 'X', on the ground that he was the true owner of the property and
not the judgement debtor 'B'. 'A' objects his claim and asks 'X' for filing a fresh suit of
title against 'B'. [UPJS 2013]
Question to be determined by court executing decree (Ss. 47)
Q. 1. What are the questions that may be determined by the Court executing a decree?
·' [B&:JJS 1991]
Q, 2. Comment on the statement that an execution court cannot go behind the decree.
(HJS 1988]
Q. 3. Can the following objection of a judgement debtor be decided in an execution proceeding
or by means of a separate suit?
(a) The decree holder had obtained the decree by fraud.
(b) The decree is a nullity.
(c) Before the decree was passed, the decree holder had agreed not to execute the
decree.
(d) The decree holder had shown the judgement debtor to be major in the suit, though
in fact he was minor then.
(e) The· judgement debtor has paid the, amount of the decree to decree-holder.
[B&:JJS 1979)
E-26 All States Judicial Service Examination - Unsolved Mains Paper Codt of Ciuil Procedure E-27
Transferee and Legal Representative in case Q. 2. Describe the principal features of-
of execution (Ss. 49-50) Commissions to examine witnesses. [RJS 1~)
Q, 1. Explain in brief: Q. 3. A commission under Order 26, rule 2 C.P.C. was issued by a Delhi court to District
Legal Representative [MPJS 1998) Judge Lucknow for examination of a witness at Lucknow. That was not executed and no
Q, 2. Write short note on Legal representative. reply was received for about a year. Therefore, court suo moto cancelled the previous
[MPJS 2010) commission in exercise of inherent powers and appointed an advocate to go to Luclcnow
Mode of execution (Order XXI, Rr. 30-36) and record statement of witness. Is order of cancellation of previous commissioo
Q, L How will the following decrees be executed» correct?
(i) A decree for specific performance of immovable property. Give reasons. (DJS 1973)
(ii) A decree for restitution of conjugal rights. Q, 4. 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
(iii) A decree for Injunction. [B&JJS 1987} says he has no means to go with his counsel and cross examine witnesses at Bombay and
Q, 2. What are the modes of payment of money under a decree? If money is paid out of Meerut unless the .defendant is asked to defray his expenses . The defendant contended
Court, then how the Court can record such payment or adjustment? [MPJS 2001) that under Order 26 Rule 15 C.P.C. he had been directed to pay a reasonable sum for
"the expenses of the commission" which 'expression does not include the expenses of
Attachment of property (Ss. 60-64 & Order XXI, Rr. 41-59) the other party. Should the plaintiff get his expenses? Give reasons for allowing or
Q, L Write note on Attachment. [B&JJS 1980, 2006) disallowing his request. (DJS 1991]
Q, 2. What properties of a judgment debtor cannot be attached and sold in execution of a Q. 5. Write short note on Powers of Court to issue commission. [MPJS 2010)
decree? (B&JJS 2000] Q. 6. Discuss the provisions of the Civil Procedure Code regarding the issue of Commission.
Q, 3. Under what circumstances can a Court attach the property or part thereof of the illustrate you answer. [UPJS 1985)
defendant under the relevant provisions of CPC? [HJS 2007)
Q. 4. Can the following be attached in execution of a decree for money and why:- Suits by or against the Government or public. officers in
(i) Residential house fully occupied by the Judgment Debtor their official capacity (Ss. 79-87B & Order XXVII)
(ii) Salary of guarantor Q. 1. What are the provisions of the Civil Procedure Code, 1908 relating to suits by or against
(iii) Tenancy Rights the Government or Public offices in their official capacity? (B&:JJS 2006)
(iv) Pay of a Brigadier in Army Q.2. What are the provisions under the Civil Procedure Code relating to suits by or against
(v) Pension (DJS 2005) Government? (B&:JJS 2011)
Q. S, What properties are liable to attachment and sale in execution of a decree? Which of Q.3. Is there any exception to the general rule of serving the mandatory and statutory notice
the properties are not liable to attachment in execution of a decree according to the under Section 80 CPC? Write a brief note. OJS 20011
provisions of CPC7 [MPJS 2003] Q.4. A plaintiff gives notice under section 80 of the Civil Procedure Code and institutes a
Q, 6. Which property is liable or not liable to attachment and sale in execution of a decree? suit before two months but is allowed to withdraw the same with liberty to file a fresh
[MPJS 2007] suit. Is he entitled to file a fresh suit without a fresh notice? (HJS 1988)
Q, 7. Which properties are liable for attachment and sale in execution of a decree and which Q.s. Notice is given by A under section 80 of the Civil Procedure Code of a proposed suit.
properties cannot be attached in execution of a decree? (MPJS 2015) A dies before the institution of the suit. Does the notice by A ensure for the benefit of
his legal representative? [HJS 1988)
Q, 8. Discuss the provisions in respect of attachment of property in execution of decree.
[UPJS 2015) Q. 6. What facts are essential in a notice under Section 80 of Civil Procedure Code? What
be the effect upon suit against the Central Government, the State Governments orthelr
Sale of Property (Ss. 65-67 & Order XXI, Rr. 64-96) officers if the said notice is not given? (UPJS 1985, HJS 2000)
Q, L When can an auction sale of immovable property in execution of a decree be set aside? Q.7. What is the procedure to be adopted in case of execution of decree against the
Who can get it set aside? (UPJS 1985, HJS 2000) Government or a public officer? [HJS 2010)
Q.8. State the procedure to be followed in a suit by or against the Government, or any public
Commissions (Ss. 75-78 & Order XXVI)
officer in their official capacity. (MPJS 1998)
Q, 1. In what manner and under which circumstances Commissions can be issued by Courts
in Rajasthan? [RJS 1974]
E-28 All States Judicial Service Examination - Unsolved Mains Paper Code of Civil Procedure
Q, 9. Write short note on Suit against Government. [MPJS 2012) Q. 5. State briefly the procedure to be followed by a court for alternate resolution of
Q. 10. Discuss the provisions of the Civil Procedure Code with regard to suits against the disputes. [MPJS 2006)
Government and its officials. [UPJS 1987) Q, 6. Describe the new provisions inserted in the Civil Procedure Code for "settlement of
Q. 11. Explain the Rule of "Notice" prescribed in Section 80 of the Code of Civil Procedure, disputes outside the court" and for "alternative dispute resolution"? [MPJS 2007)
1908. [UPJS 1997] Q. 7. What do you understand by settlement of disputes outside the Court? Explain those
Q. 12. Examine the procedure for bringing suit by or against the government. [UPJS 2012] provisions of settlement of disputes outside the Court which are not part ol Sectim 89
of the Code of Civil Procedure, 1908? (MPJS 2010)
lnterpleader suit (S. 88 & Order XX.XV) Q. 8. Describe the provisions regarding settlement of disputes out side the court. What
Q.L Write short note on Interpleader suit. [B&JJS 1975, 1977, 1980, 1987, 2006, procedure is to be followed by the courts, explain with reference to any one mode of
RJS 1974, 1986, 1992, DJS 2006, MPJS 1998) alternative dispute resolution? [MPJS 2013)
Q.2. (a) What are the essentials of an Interpleader Suit? Discuss. Public Nuisance and other Wrongful Acts (Ss. 91-93)
(b) (i) X lets out certain lands to Y. A alleges that the lands never belonged to X and Q.1. Write note on remedies for public nuisance. (B&IlS 1980]
claims rent from Y. Y, ·institutes an Interpleader Suit against A and X. Will it lie?
Q.2. The constitutional spirit of Public Interest Litigation is also present in the scheme of
(ii) X deposits ornaments with Y as his agent. He then writes to A for making ornaments CPC, though in a restricted sense. Respond to the statement by referring to the relevant
as security for a debt due from himself, to A. X afterwards alleges that A's debt is provisions and case law. [HJS 2013)
satisfied but A refuses it. Both claim ornaments from Y. Does an interpleader suit Q. 3. In what cases an Advocate-General of a State can bring a suit and what relief or reliefs
lie on behalf of Y. [B&flS 1984) can be claimed in such a suit? Can any other person bring a suit to obtain those reliefs
Q. 3. What is an interpleader suit? Explain the circumstances in which such a suit may be and in what manner?
instituted. [BJS 2014) Describe in short the procedure for obtaining the discovery and inspection of
Q.4. What do you understand by inter pleader suit? When can it be filed? (HJS 1984) documents. [RJS 1975]
Q. 5. What is an 'inter-pleader suit'? When and by whom can it be instituted? Q.4. Discuss the provisions of the Civil Procedure Code with regard to suits relating to public
[HJS 2000, UPJS 1984, 1985, 2003, 2016] nuisance. (UPJS 1987)
Q.6. What are the features of an "interpleader suit"? Write a plaint for interpleader suit on Q. 5. Enumerate the steps which a Civil Court may take by way of supplemental proceedings,
imaginary facts. [RJS 2014) in order to prevent the ends of Justice from being defeated. (MPJS 20U)
Q, 7. Explain with illustration, the basic characteristics of an "interpleader suit", [UPJS 19971 Supplementary Proceedings (Ss. 94-95)
Q. 8. What do you understand by inter-pleader suit? Explain the conditions and procedure Q. 1. What are the powers given by section 94 to a Civil Court for preventing the ends of
relating to inter-pleader suit. [UPJS 2015) justice from being defeated? [HJS 2011)

Arbitration (S. 89) Appeals (Ss. 96-112 & Orders XLI-XLVI)

Q. 1. Can the following matter be referred to arbitration- Q. 1. Discuss the provisions of the Civil Procedure Code relating to First Appeal and Second
(a) Probate proceedings, Appeal. Whether a new plea can be raised in an Appeal? [B&JJS 19871
Q,2. Under which sections of C.P .C. are civil first appeals, civil second af?peals & miscellaneous
(b) Insolvency proceedings,
appeals filed? UJS 2001}
(c) Industrial disputes,
Q. 3. What is the bar created by section 100-A, CPC? UJS 2001)
(d) Matrimonial disputes,
Q.4. 'Unless a right of appeal is clearly given, by statue, it does not exist', Comment. Can
(e) Criminal proceedings and disputes. [B&:JJS 1977) an appellate court reverse a decree on the ground of misjoinder of parties? [HJS 1999)
Q, 2. What are the alternative methods of dispute resolution in the Civil Procedure Code, Q. 5. Decide as to the Court in which appeal shall lie in case of the following d.ecrees:-
1908? [HJS 2011) (i) A decree in 1960 where the original suit is valued at Rs. 4,000?
Q. 3. Explain in brief: [MPJS 2003) (ii) A decree in 2007 where the original suit is valued at Rs. 2,50,000? [HJS 20131
Settlement of Disputes out side the court. Q. 6. Comment upon the powers of the appellate court where:
Q. 4. What are the various modes of alternate dispute 'resolution provided under Section 89 (i) The trial court has failed to frame proper issues; and
CPC? [MPJS 2006]
(ii) The appellant desires to adduce additional evidence. lRJS lffil
E-30 All States Judicial Service Examination - Unsolved Mains Paper Cede of Ciuil Procedure E-31
Q. 7. What are the circumstances in which the plaintiff can be ordered to give security for Q.2. Can additional evidence be taken by appellate court? (HJS 19M)
payment of defendant's cost of the suit? Explain. [RJS 1979)
Q, 8. What are the powers of Appellate Court? [RJS 1986] .. Q.3. Can appellate court send a case lo trial court for recording additional evidence?
(HJS 1984)
Q. 9. Describe the grounds on which the first and second appeal may be preferred.
[RJS 1999) Reference, Review and Revision (Ss. 113-115)
Q. 10. 'Unless a right of appeal is clearly given, by statute it does not exist.' Comment. Can ~L Write note on Review. (B&IlS 197'1)
an appellate court reverse a decree on the ground of misjoinder of parties? Explain the following-
Q.2.
(UPJS 1986, HJS 2001] Reference, IB&IlS 1978)
Q, 11. (i) What will be the effect on the final decree passed during the pendency of the appeal
~~ Discuss the provisions of the Civil Procedure Code relating to Review and Revision.
against the preliminary decree, in case the appeal is allowed?
IB&IlS 1980)
(ii) Can the validity of the preliminary decree be challenged through an appeal which
is brought against a final decree? [UPJS 1992) ~~ Write note on difference between revision and appeal. CB&IlS 1984)
~~ Explain the provisions of the Civil Procedure Code, 1908 regarding Reference, Review
Appeals from original decree (First Appeal Ss. 96-99A & Order, XLI) and Revision. [B&DS 2006)
Q. 1. State the duties and powers of first appellate Court with reference to: ~~ What is the difference between Sections 114 &: 115 of CPC? OJS 2001]
(i) Remand. ~~ Distinguish between Appeal, Revision, Review and Reference. Can there be a .second
(ii) Framing of additional issues Review or a second Revision? [HJS 1996)
(iii) Additional evidence ~~ State the circumstances in which a person aggrieved by the judgement of the court may
(iv) Modification of decree [UPJS 2015) apply for review of its judgment? (HJS 1998]
,, Can revision be filed against an order of a court disallowing an important question put
~~
Appeals from appellate decree to a witness? [HJS 1999)
(Second Appeal Ss. 100-103 & Order, XLII) ~m Write short note on Review of Judgment. [RJS 1974, 1975)
Q. 1. Write note on Second appeal. [B&flS 200v, 2011) ~n What is the difference between a revision and review. Which courts exercise the
Q.2. Explain the provisions of the Code of Civil Procedure as regards filing of second appeal. respective jurisdictions? Indicate the provisions of law. [RJS 198M1)
ls there any case in which second appeal may not lie? [BJS 2014) Q.12. On what grounds and in which court a revision shall lie? [RJS 1988)
Q,3. An application is made to a court of first appeal to admit an appeal from the original ~n Which court has jurisdiction to hear revision of civil cases? (RJS 1991)
decree after the expiration of the period of limitation. Even though the court has the

~·
~a State the grounds on which a civil court may review a judgement. (RJS 1992]
power, on sufficient cause being shown, to admit the appeal, it refuses to do so holding ~~ Define 'revision'. (RJS 1999)
in the exercise of its discretion that there did not exist sufficient cause for not presenting
the appeal within the prescribed time. Can this be a ground for second appeal? Describe the grounds on which a petition for review of judgment can be entertained by
[HJS 1988) a court, Is an order rejecting an application for review appealable? [RJS 1999]
Q,4, On what grounds and in which court second appeal shall lie? [RJS 1986] ~~ The application of the plaintiff under Order 39 Rules 1 and 2 of the CPC was dismissed
by the Trial Court. The plaintiff preferred an appeal against the said order. However,
Q, s. Discuss the concept of "Substantial Question of Law" on which the second appeal is after some arguments the appeal was dismissed as withdrawn. The plaintiff thereafter
filed before the High Court under Section 100 of Civil ~dure Code. Whether the applied to the Trial Court for review of the order of dismissal of the application. The
second appeal can lie in the following cases? Give exact answer with reasons: defendant took a preliminary objection that an appeal having been preferred and
(a) Ex parte decree withdrawn, the plaintiff was not entitled to apply for review. .
(b) Decision being contrary to law Decide the said preliminary objection to the maintainability of the review. (DJS 2010)
(c) Legal inferences drawn from finding of fact. Q, 18. Can revision be filed against an order of a court disallowing an important question put
(d) Usages having force of law. (UPJS 2000) to a witness? [UPJS 1966]
Q, 19. Explain the distinction between Review and Revision. Second Appeal and Revision.
Appeals from order (Ss. 104-112 & Order, XLIII) [UPJS 1988)
Q,L What are the orders from which an appeal lies? Wheth~r an appeal lies from an order Q, 20. Analyse the grounds, procedure and powers of the High Court in relation to "Reference"
tg6passed by a court in the exercise of its appellate jurisdiction? (BJS 2014) and "Revision". [UPJS 19117]
E-32 All States Judicial Service Examination - Unsolved Mains Paper Code of Civil Procedure E-n
Q. 21. A civil court of originai jurisdiction passes an order in a suit against the defendant. Q.:l. There was a suit between 'A' and 'B' regarding house. 'A' won the suit and also
Although such an order is appealable before the District Judge, but the defendant files obtained possession of the house. However. 'B' won in appeal 'A' however did not
revision petition against such order before the High Court. The High Court after hearing return possession of the house of 'B'.
both the parties reverses the aforesaid order. Advise 'B' suggesting remedy how to get back the house. [UPJS 1991)
Q. 22. The Court of Civil Judge, Allahabad, decrees a suit on March 1, 2012, on the ground of Q.10, Discuss the doctrine of restitution. [UPJS 1999)
a question of law, in favour of the plaintiff. On March 2, 2012 Allahabad High Court
Q.11. There was suit between 'A' and 'B' regarding a house. 'A' won the suit and also obtained
in another cases, which was pending before in since 15 years, reverses its earlier view the possession of the house. 'B' filed and appeal and he won in appeal. 'A' however
on the aforesaid question of law. The defendant files a review application before the did not return the possession of the house to 'B'. Explain the legal procedure to obtain
aforesaid Civil Judge on the aforesaid ground. [UPJS 2013) the possession of the house by 'B'. [UPJS 20U)
Restitution (S. 144) Inherent Power to courts (S. 151)
Q.1. A brought a suit against X for possess ion of a house and his suit was decreed by the trial Q, 1. Write short note on inherent powers of the Court.
Court and thereafter, A obtained possession of the house in suit against X by putting [B&JJS 1978, RJS 1971, 1979, 1988, MPJS 2011, 2015)
his decree in exerution. Thereafter X went in appeal and his appeal was allowed and Q,2. (a) What do you understand by inherent powers of a Civil Court?
A's suit was dismissed. What step or action should X take to get back the possession (b) Does a civil court have the inherent powers in the following cases:-
of the house in dispute. [B&JJS 1975)
(i) To set aside an ex parte decree,
Q,2. What is the doctrine of restitution? Has a Court inherent power to grant restitution? (ii) To order joint trial of suits,
[HJS 1986]
(ill) To correct its own mistakes. [B&JJS 1991]
Q.3. A obtained a decree against B for possession. B filed an appeal against the decree, and
Q.3. Discuss fully the inherent powers of the Court under Civil Procedure Code. IHJS 1984)
obtained stay of delivery. The appeal was allowed and the suit dismissed. Against the
dismissal A preferred a second appeal and that was allowed and the decree of trial Q.4. Write short explanatory notes on inherent jurisdiction of the civil court. (RJS 1970)
court restored. A applied in restitution for mesne profits from the date of stay order Q.5. State the provision of law providing for the inherent power of court. [RJS 1980-81]
of the first appellate court to the date of the decree of the second appellate court. Is A Q, 6. Write short note on inherent powers of Civil Court. [MPJS 2011, 2015)
entitled to the mesne profits so claimed? [HJS 1986) Q.7. ~nat do you understand by inherent jurisdiction of civil court? Do you agree with the
Q.4. A obtained a decree ex parte against B, and in execution of the decree brought the view that 'the inherent power has not been conferred on the court, it is a power inherent
properties of B to sale and himself became the purchaser. On appeal by B, the appellate in the court by virtue of its duty to do justice between the parties before it?' Discuss
court set aside the decree and remanded the suit for re hearing. Then B applied for fully. (UPJS 1983)
restitution. While that application was pending, the suit was heard and again decreed. Q.8. Discuss whether in the following cases the court has inherent power,
A then contended that as the suit had been decreed no restitution could be granted. Is (i) to order joint trial of suits,
B entitled to restitution? [HJS 1986) (il) to correct its own mistakes,
Q. 5. A obtained a decree ex parte against B, and in execution of the decree brought the (iii) to set aside an ex parte decree.
properties of B to sale and himself became the purchaser. On appeal by B, the appellate Q, 9. What are the inherent powers of a court? Illustrate. [UPJS 1986)
court set aside the decree and remanded the suit for rehearing. Then B applied for Q, 10. What do you understand by inherent jurisdiction of Civil Court?
restitution. While that application was pending, the suit was heard and again decreed.
(b) Discuss fully whether in the following cases the court has inherent powers:
A then contended that as the suit had been decreed no restitution could be granted. Is
the contention tenable? [HJS 1988) (i) To order joint trial of suits
(ii) To correct its own mistake
Q.6. (a) Explain and illustrate the principle of restitution. Ia an order granting restitution
appealable? (iii) To set aside an ex parte decree. [UPJS 1987)
Q, 11. Write a short note on inherent power of civil courts. [UPJS 1999)
(b) Who may apply for restitution? Against whom restitution can be granted?
(HJS 20011 Q, 12. What do you understand by the inherent powers of the civil court? [UPJS 2003)
Q. 13. Distinguish among Appeal, Revision and Review and explain the following:
Q.7. Mention the provision which governs restitution. [RJS 1984)
(i) Can the Court review suo motu or on its own motion its own decision?
Q. 8. Write short note on restitution. (RJS 1986)
(ii) Can a superior Court direct an inferior court to review its previous decision,
[lJPJS 2006) ·
E-34 All States JudiciJII Seroice ExaminatiDn - Unsolved Mains Paper Codt of Civil Proctdure E-35
Amendments of judgment, decrees or orders (c) When the proceedings were going on to determine the value of the share for being
paid to Gurdas Singh, the father-in-Jaw Sh. Jawahar filed an application to hold that
Q, 1. C files a suit against D for property X and court passes a decree for property Y. The time
the decree was null and void on two grounds. The first was that no application was
for appeal had elapsed, in execution the mistake is detected. Advise C. (HJS 1984]
filed to appoint the mother as the next friend and therefore the decree was null
Suits by or against minors and person of and void. The second ground was that Gurdas Singh never applied for substituting
unsound mind (Order XXXII) himself in place of the original plaintiff.Qian dresh and since by the time decree was
passed, Chandresh was no longer owner of any interest in the HUF property thus
Q. 1. Where the plaintilf is a minor, then on the retirement, removal or death of his next the decree passed in favour of Chandresh was bad in law.
friend, will the proceedin gs be stayed, until the appointment of a next friend in his place?
(i) Was it necessary for Smt. Hira to get herself appointed as a next friend by a
IB&JJS 1987]
court order?
Q. 2. (a) Who is a 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 (ii) What would be the position if the minor was a defendant in the suit and in such
in a suit involving the interest of minor. Can the minor challenge such decree? If so, a case whether it is necessary for the court to appoint a person to defend a suit
on what grounds? on behalf of the minor and what would be the effect of not appointing such a
person?
(b) Discuss the validity of the following:-
(iii) Whether it was necessary for Gurdas Singh to get himself substituted in place
(i) decree against a person of unsound mind, supposing him to be of sound mind.
of Chandresh before the decree was passed, and if yes then the application had
(ii) decree passed against a minor in a suit in which he is not represented by a guardian to be filed under which provision of CPC, and why? (DJS 2011]
ad-Jitem.
Q. 7. Descri be the rights and options available, under the Code of Civil Procedure, to a minor
(iii) a person who was a minor at the date of the institution of the suit with a properly plaintiff on his attaining majority and the procedure thereo f. [UPJS 2013]
appointed guardian ad-litem attains majority during the peridency of the suit; but no
steps are taken to remove the guardian ad-litem and decree is passed against him Q. 8. Answer the following problem with reasons and relevant provisions:
as a minor. (HJS 1996] 'A' files a suit In the name and on behalf of his minor ward 'B' against 'C' under
Q, 3. What safeguards have been provided by the Code of Civil Procedure for the protection Order XXXII . During pendency of the suit 'B' attains m.ijority and seeks your advice
of the rights and interests of parties in a Civil suit who are either minors or persons of for further course of action. Advice 'B'. Will it make any difference if 'B' happens to be
unsound mind? a Co-plaintiff? {UPJS 2015]
In a suit filed by a person against a number of defendants, some of whom are minors, Suit Relating to Matter concerning the family (Order XXXIIA)
a compromise was effected between the plaintiff and the major defendants and a decree
was obtained on the basis of such a compromise, adversely affecting the rights and Q. 1. What is the meaning of family and what special procedures have been prescribed relating
the property of the minors. Would such a decree be enforceable against (a) the minor to suits concerning family in Civil Proced ure Code? [MPJS 2003]
defendants, (b) the other defendants? What difference would be caused if the guardian Q.2. Which suits and proceedings are considered as 'matters concerning the family' under
of minor defendants also was a party to the compromise. [RJS 1975] the Code of Civil Procedure? Who for ·this purpose are treated as constituting the
Q. 4. What is meant by guardian -ad-litem? [RJS 1992] 'family'? {UPJS 201 3]
Q. 5. What is meant by 'guardian ad !item' and which Order of Civil Procedure Code deals Suits by indigent person/forma pauperis (Order XXXI II)
with it? IRJS 2016]
Q.1. Write short note on Pauper suit. (B&)JS 1975, RJS 1979 ]
Q. 6. Facts: (a) A suit was filed by the mother Smt. Hira on behalf of her minor son Chandresh
against her father-in-Jaw Sh. Jawahar for partition of the HUF property being the Q,2. Write short note on Forma Pauperis. (B&t)JS 1979]
residential house at 50, Vasant Kunj, New Delhi. Though the son was a minor no Q.3. Who is an indigent person? What is the mode of instituting suits by such person?
application was filed to pursue the suit as the next friend of the minor son. Chandresh · {HJS 19991
became a major during the pendency of the suit and being In need of money sold his Q,4. What do you understand by_ "indigent person"? [HJS 200!!1
undivided share to one Gurdas Singh who instead of substituting himself for Chandresh
continued the suit on behalf of Chandresh and obtained a decree for partition.
Q. 5. How is an application for pennlssion to sue as an indigent person filed?
[HJS 2009]
(b) During the execution proceedings the executing court held that instead of partition
Gurdas Singh was only entitled to the value of the undivided share and not physical Q.6. Write short explanatory note on Pauper suit. (RJS 19701
partition.
 Code of Civil Procedure E-37
E-36 All States Judicial Service Exl'mination - Unsolved Mains Paper
Q. 7. How can a pauper institute a suit? Can a person who once allowed to sue in form of
Miscellaneous, case law, drafting of pleading,
a pauper is dispaupered and how? [RJS 1974] settlement of issue, judgment writing, etc.
Q. 8. Describe the procedure prescribed for institution of a pauper suit? [RJS 1988) Q. 1. What do you understand by cause of action? [B&:JJS 1979)
Q. 9. How an indigent person has been defined under Civil Procedure Code? [RJS 1994] Q. 2. What is the forum for the following suits-
Q, 10. State the procedure to the followed in a fonna pauperis suit. [MPJS 1996] (i) A suit for restitution of conjugal rights.
Q. 11. Who is an indigent person? On what grounds an application for permission to sue as (ii) A suit for accounts against Agent.
an indigent person can be rejected? [MPJS 2011) (iii) A suit for damages for breach of contract. (B&JJS 1979)
Q. 12. (a) Who is entitled to file a pauper suit? State the procedure for filing for such suits. Write short note on Verification. [B&JJS 1979)
Can a defendant be allowed to defend in forma pauperis? Give reasons.
~~
~~ Write short note on Remand. (B&JJS 1979)
(b) When the court shall reject an application for permission to sue as pauper? Discuss
~i Write short note on Cross decrees. (B&flS 1979)
fully.
~~ What do you understand by 'Cause of Action'? (B&JJS 1986)
(c) Answer the following:
~i Mention the persons entitled to exemption from personal appearance in court under the
(i) 'A' presented an application for leave to sue in forma pauperis but 'A' dies
Civil Procedure Code. (B&JJS 2011)
pending the hearing of the application. Can the application be continued by 'B'
who is a legal representative or 'A'? Give reasons. ~L Explain the provisions relating to exemption from arrest under the Civil Procedure
Code. [B&:JJS 2011)
(ii) 'A' disposed his property worth Rs. 1000/- in August 1980 to enable himself to
sue as pauper and applies for leave in September, 1980. Will the application of ~~ What persons are exempted from arrest under civil process? [HJS 1984)
'A' be accepted or rejected by the court? Give reasons. [UPJS 1982) ~m Can a Member of either House of Parliament, or a Member of Legislative Assembly or
Q. 13. Who is an indigent person? What is the mode of instituting suit by such persons? a Member of any Parliamentary Committee be arrested and detained under the civil
(UPJS 1986, 1988) process. If no, under which contingencies? (HJS 2010]
Q, 14. Give brief description of rules contained in order 33 of the Code of Civil Procedure, Q.11. Who may define the local limits of Civil Judges (Sr. Division) and Civil Judges Ounior
1908. (UPJS 1997] Division)? Give your answers with the aid of illustrations. [HJS 2010]
Q. 15. (a) Who can file a pauper-suit? Q.12. Aman's parents died in a road accident when he was 12. Since then Aman has been in
the care and custody of Bhim', his uncle and his guardian as per the will of Aman's
(b) Can a person be a defendant in a suit as pauper?
mother. Chaman, a friend of Arnan's father and a partner in a reputed firm engaged
(c) 'A' filed an application plaint as pauper.' A' died before the disposal of his application. in the business of storage of goods, decides to help out Aman by admitting him to the
Can his legal representative continue with that application. benefits of Chaman's partnership firm. He speaks to his partners and they decide by
(d) 'A' after filing an application plaint as pauper sold his property worth Rs. fifte(?I) majority to approve the proposal by Chaman. Dev, Eddy and Farhan do not agree with
thousand. Will A's application be accepted? (UPJS 1999] this proposal and they note their dissent. Thus, starting from the age of 15, Aman has
been admitted into the benefits of the partnership. Aman turned 18 on 03.02.2013. Three
Q. 16. Who is entitled to file a pauper-suit? State the procedure for filing such suits? Can a
months after the said date, Aman is informed that he had been so admitted into the
defendant be allowed to defend in form a pauperis? Give reasons. (UPJS 2003)
benefits of a partnership and that all benefits accrued over the years can be accessed
Q, 17. (i) When a Cowl shall reject and application for permission to sue as pauper? Discuss by him through a Trust set of for this purpose. On 03.09.2013, Aman issues a notice
fully. ' confirming his intention to become a partner in the firm. He sends a notification to the
(ii) 'A' presented an application for leave to sue in form a pauperis but' A' dies pending Registrar of Finns and also publishes a notification in the Indian Express, a national
the hearing of the application. Can the application be continued by 'B' who is a legal daily which has the highest circulation in his locality.
representative of 'A'? Give reasons. [UPJS 2003) Mithun read the notification in Indian Express. Mithun knows Aman from childhood
Q. 18, What procedure need to be adopted to institute a pauper suit in court of law? Who can and has always been impressed by his smartness and his deep faith in religion. Aman is
institute such suit? Discuss the procedure in detail in pauper suit. [UPJS 2016) a devotee of Lord Shiva like Mithun and because of that he has a soft comer for Aman.
Mithun approaches Aman to provide him with some business and requests him to store
Suit relating to mortgage of immovable property (Order XXXIV) around 1 lakh worth of antique furniture till Mithun finds a suitable buyer.
Q. 1. Describe the procedures in suits relating to mortgages of immovable properties. Subsequently it comes to light that as per the arrangement in the partnership firm.
[MPJS 2003) only persons who have been partners for more than 5 years can sign up a new client,
6-38 All States Judicial Service Examinatioti - Unsolved Mains Paper Code of Civil Procedure
Neither Mithun nor Aman had any idea about this restriction. Already upset with the and if so, please draft a plaint and also the written statement, frame issues and write a
introduction of Aman, Devi Eddy and Farhan raise objections to the agreement between short judgment. [RJS 1976)
Aman and Mithun and also to the validity of Aman's status as a partner.
Q. 28. Draw up a plaint setting out your own facts for a suit brought by the sons for setting
Identify the relevant legal issues arising in the case and determine the controversy aslde alienation of joint family property by the father as the Karta and also draft a
involved therein. [HJS 2013) suitable written statement. Also write a short judgment. [RJS 1977]
Q. 13. Draft a plaint claiming damages for malicious prosecution. Prepare a written statement Q. 29. Draft a plaint and a written statement in suit for specific performance of a contract to
denying the claim. Frame issues and write a judgement in Plaintiffs favour.. [RJS 1969] sell immovable property. Also write a short judgment.
Q. 14. Setting out your own facts draw up a plaint and a written statement in an interpleader Is it necessary for the plaintiff in such a suit to ask specifically for the relief oi pessession
suit and write a short judgment. [RJS 1970] in the plaint? [RJS 191'1)
Q. 15. Write a brief evaluative essay on the various remedies available in the civil law system Q. 30. Draft a plaint on behalf of a Govenunent servant for arrears of his pay for six months
of India. [RJS 1970] which the State Government has failed to pay inspite of his representation to the
Q. 16. Imagining your own facts draw up a plaint and a written statement and also write a Government. Also prepare a written statement on behalf of the Government, fram
short judgment in a suit either for malicious prosecution or for a breach of warranty. issues and write out a short judgment. (RJS 1979)
[RJS 1971] Q. 31. Draw a plaint for the cancellation of a sale deed on ground of fraud or misrepresentati
Q. 17. State, giving reasons the remedies available to A in the following case-- Also prepare a written statement on behalf of the defendant, frame issues and write out
During the pendency of the suit, A has reasonable apprehension that he will not get a a short judgment. [RJS 1979)
fair trial. [RJS 1971) Q. 32. Answer the following, giving reasons for your answer.
Q. 18. Write short note on Cause of action. (RJS 1971] A sells property to B. After 8 has accepted the conveyance, he discovers that under a
Q. 19. Draw up a plaint setting out your own facts for divorce under the Hindu Marriage Act decree for partition a portion of the property had been allotted to C. What is B's remed y
and also draft a suitable written statement. Also write a short judgment. [RJS 1974] against C? [RJS 1979)
Q •. 20. Draft a plaint and written statement in a suit for damages for wrongful dismissal from Q, 33, (a) Prepare a plaint and a written statement and frame issues on the following facts-
the service of the State Government. What other reliefs can be claimed beside damages A died leaving behind a will bequeathing his properties in favour of his friend B
in such a suit? Also write a. short judgment. '.[RJS 1974] to the exclusion of A;s widow and children. The will included recitals that X and Y
Q. n What matter can be adjudicated upon by Civil Courts? In what cases a plaintiff is had secured possession of the properties belonging to A in pursuance of an alleged
precluded from filing a fresh suit in respect of the same cause of action? ls a judgment deed of sale, that its true nature was not sale and that it was actually a transaction
given by a foreign court conclusive as to matters decided therein and how can such a of mortgage, B claimed title to the properties in. suit on the strength of the wiU in
judgment be enforced in India? [RJS 1974) his favour and instituted a suit challenging the previous sale of properties by A in
favour of X and Y and seeking possession o.f the properties. A: s widow and children
Q. 22. Draft a plaint in a suit for pre-emption on the ground of being a co-sharer in a house, do not contest the suit. X and Y contest the suit. ;[RJS 1980-81)
portion of which has been sold. What defences are available in such a case? Also write
{b) State the ingredients of a judge.ment, by reference to the provisions of law. In
a short judgment.
what circumstances is the court competent to amend the judgment alter his
Q. 23. Draw up a plaint and a written statement in a suit for specific performance of a contract pronouncement? [RJS 198G-8ll
of sale of immovable property and also write a short judgment. [RJS 1974)
Q. M. Draft a petition for divorce by the husband against the wife on the basis of a decree for
Q. 24.. Imagine your own. facts and draft a plaint for the recovery of damages for malicious judicial separation under The Hindu Marriage Ad. (RJS 1986]
prosecution and prepare a written statement as well. Also write a short judgement.
. [RJS 1975) Q. 3S. Draft a plaint for dissolution of marriage by a Muslim wile under the Dissolution ol
Muslim Marriage Act, 1939. [RJS 1986)
Q. 25. Draw up a plaint for the ejectment of a tenant from a shop situated in the city of Ajmer.
Also prepare a written statement and write a judgement as well. [RJS 197S] Q. 36. Imagine your own facts and draft a petition for judicial separation by a wife against her
husband under the Hindu. Marriage Act. (RJS 1988)
Q. 26. A has a right of wa.y from his house over the land of B to the public highway.
Q. 37. Draft a plaint for the recovery of Mahr by a Muslim wife who has been recently divorced
obstructs A and his servants passing along the way. A wants to bring a suit. Please
by her husband. · lRJS 1988)
draft a suitable plaint for him. Also attempt a written statement. Frame issues and writ
a short judgment. [RJS 1976) Q, 38. As given in the· Code of Civil Procedure, 1908, write the headings of the following-
Q. 27. B makes a false representation to A that C is solvent and in good credit. A is induced (a) Section 11 or Section 80
to sell goods to C on credit. C faJ.ls to pay. Can A bring a suit against C and B both (b) Order XXI or Order XXXIX [RJS 1988]
E-40 All States [udicial Service Examination - Unsolved Mains Paper Code of Civil Procedure E-41
Q, 39. On 1st July 1980, A let out a shop to Bon monthly rent of Rs. 150/- situated at Jaipur
within reasonable time and therefore, its representative contacted concerned authority
belonging to his joint family. B is not paying rent since. 1st July, 1986. A served notice of Railways at Bikaner time and again, however, the concerned authority informed that
of demand and ejectment upon B on June 16, 1989. On June 30, 1989, A died leaving the goods had not reached to its destination so far. Later, after a lapse of about one
behind his widow C, major son D, minor son Band married daughter F. After the death month, the vendee M/ s S. Sethia & Company was informed about the arrival of the
of A, B has started denying their title. A suit is to be filed against B for the recovery of goods at the Railway Station, Bikaner. The goods were brought in a wagon different
arrears of rent and ejectment on the grounds of default in payment of rent and denial than a wagon wherein the same were initially trans-shipped. The vendee M/s S. Sethia
of title. & Company found that the goods were in the highly damaged condition and therefore,
Draft plaint and written statement. [RJS 1988) it claimed for open delivery. The Railways claimed demurrage, which was duly paid
Q. 40. What is pecuniary jurisdiction of Munsif? [RJS 1991] by the said firm. During the cou.rse of open delivery, it was found that the goods were
Q, 41. Whether probate of a will is necessary? (RJS 1991)
damaged to such an extent that the same were not fit for human consumption. The
assessment of the damage was made by the Railway authorities and the loss suffered
Q. 42. How a will is proved? [RJS 1991] was quantified at Rs. 1,60,000/-. The vendee M/s S. Sethi.a & Company after serving a
Q. 43. A borrowed Rs. 3000/- from B against a pronote. He acknowledged the debt within notice upon the Railway authorities under Section 80 CPC read with Section 106 of the
three years. He refused to pay his debt. B wants to sue A. Draft a plaint and written Railways Act, 1989, filed a suit before the District Judge, Bikaner claiming compensation
statement taking all possible defences. for the damage caused to the goods and interest thereon, a sum of Rs. 1,60,000/- and
Q. 44. Write a judgment on the facts of the Q. No. 43 above. (RJS 1991) Rs. 8,000/- respectively.
Q. 45. What is cause of action? (RJS 1992) The suit was contested by the Railways by filing a written statement thereto wherein,
Q. 46. Assuming necessary facts draft: while trans-shipment of the goods from Unjha to Bikaner was accepted, however, the
ownership of the goods of the plaintiff M/s S. Sethia & Company was denied. It was
(i) a plaint and averred that the train wherein the goods were initially loaded met with an accident
(ii) a written statement taking all possible defences between the station Unjha to Abu Road and consequently, the wagon wherein the goods
In a suit for malicious prosecution. [RJS 1992) were loaded was badly damaged and therefore, later same were re-loaded in another
Q. 47. Write a judgement on the facts taken in Q. No. 46 above. [RJS 1992)
wagon, which reached the destination after a lapse of about one month. It was also
averred that the accident did not occur on account of negligence on the part of the
Q. 48. Assuming necessary facts draft- Railway employees and it being an act of god, the Railways cannot be held liable for
(i) a plaint and damages. Regarding the damage assessment report, the stand of the Railways was that
(ii) a written statement taking all defences: the same having been prepared without prejudice to the interest of Railways, is not
in a suit for specific performance of a contract. [RJS 1994) admissible in evidence. The Railways raised an objection that since the plaintiff has
no right, title or interest in the disputed goods and therefore, it has no locus standi to
Q. 49. Assuming necessary facts, draft- maintain the suit. Though, the receipt of the notice alleged to have been sent by the
(a) A plaint plaintiff was not denied, it was averred on behalf of the Railways that the notice was
(b) A written statement taking all defences; in a suit for damages for breach of not served in conformity with the provisions of Section 106 of the Railways Act, 1989
contract. [RJS 1999) and therefore, the suit is liable to be dismissed on this count alone. The Railways also
questioned the maintainability of the suit on the ground that by virtue of Section 15
Q. 50, On imaginary facts, draft a plaint and its written statement for recovery of Rs. 40,000/-
of Railway Claims Tribunal Act, 1987, no court or other authority have or Is entitled
advanced on a Promissory note. [RJS 2011)
to exercise any jurisdiction, powers or authority in respect of claim for compensation
Q, 51. Frame the issues on the basis of the pleadings of the parties noticed below and write for damages and therefore, the suit being barred by law, deserves to be dismissed .
the judgment. (RJS 2015)
M/s B.G. & Company, Nokha, a partnership firm, entered into an agreement with M/s Q. 52. Frame the issues on the basis of the pleadings of the parties noticed below and write
P. Patel & Company, Unjha, to purchase 200 bags of Cumin for consideration of Rs. the judgment:
3,20,000/-. However, before the actual transhipment of the goods, M/s S. Sethia &
On 01.05.2011 plaintiff 'A' filed a suit for specific performance of an agreement
Company, Bikaner, purchased the said goods from M/s B.G. & Company after full dated 30.04.2002 against 'B' concerning sale of a plot situated at Civil Lines, Bikaner,
payment of the value of the goods. Accordingly, the original vender M/s P. Patel & which was already in possession of the plaintiff as tenant. It was claimed that the
Company at Unjha was instructed to direct the goods for delivery to M/ s S. Sethia & plaintiff has .performed his part of the agreement and has paid entire consideration of
Company. The goods were dispatched from ·unjha to Bikaner through North Western Rs. 10,00,000/- by December 2007; however, the sale deed was not executed registered
Railways. The goods were not delivered by the Railways to M/s S. Sethia & Company and despite repeated requests the same was being avoided. The defendant gave notice
E-42 All States JudiciAI Service Examination - Unsolved Mains Paper
dated 01.02.2011 alleging default in payment of rent. When plaintiff personally met
with defendant on 15.032011, he refused to execute the sale deed. lt was prayed that
defendant be directed to execute sale deed and get the same registered.
A written statement was filed by the defendant inter alia submitting that the plaintiff has
not performed his part of the contract, even as per the plaint averments the consideration
was paid in December, 2007, therefore, the suit was barred by limitation and the agreement
being unregistered is inadmissible in evidence. It was also claimed that as defendant's
daughter was to get married and as he was in dire need of funds, the agreement was
entered into for a paltry sum. It was prayed that the suit be dismissed. [RJS 2016)
Q. 53. A on her birth suffered from squint, in her right eye. A underwent an operation for the
correction of the squint, at the age of 8. The squint was largely corrected. As 'A' grew
up her right eye sight became very weak. A was married to B, at the age of 18. Soon
after the marriage B filed a petition against A under the Hindu Marriage Act for the
annulment of the marriage. B pleaded that before the marriage it was not disclosed to
him that A had undergone an operation for the correction of the squint and her sight
in the right eye was very weak, B alleged that his consent to the marriage was brought
about by fraud. A contested the petition. A pleaded that the non-disclosure of fact of
operation for the correction of the squint and of the sight in the right eye being weak
did not amount to fraud within the meaning of Section 12(1)(c). Write a short judgement
deciding the case. (DJS 1971)
Q. 54. Abdul Khalid, a muslim residing at Lahore married Shabnam, a muslim by birth. After
partition in 1947, Abdul Khalid shifted to Delhi. At Delhi Khalid married Jahanarah,
a Hindu woman converted to Islam who had a Hindu husband living. There were no
court proceedings declaring that Jahanarah's marriage with her Hindu husband had been
dissolved. Abdul Khalid died in 1967 leaving two sons from his first wife and two sons
for Jahanarah. The question arose whether the sons from Jahanarah were legitimate and
could succeed to the property of Abdul Khalid along with the sons from the first wife.
Write the judgement deciding the case. (DJS 1971)
Q, 55. A owned a two storeyed bungalow on Pusa Road. A in 1962 let out first floor of the
building to B, a lawyer. A with his wife, two sons and a daughter aged 14 years lived
in the ground floor. C, the son of A did his MBBS in 1967 and was employed in the
Irwin Hospital at the salary of Rs. 500 per month. C was married in 1968. On 4.2.69, A
filed a petition under section 14 of Delhi Rent Control Act for the eviction of B on the
ground that the premises are required for C. The tenant contested the petition on three
grounds:-
(a) C was not dependant on A and therefore A could not seek eviction on the ground
that he required the premises for C.
(b) That the premises are 1ised by the tenant both for residence and office, and the
premises cannot be said to be let for residential purposes.
(c) That the landlord had sufficient accommodation in his possession and the premises
are not required bonalide by the landlord.
The Landlord pleaded that he had only two bedrooms in his possession. This plea was
not challenged by the tenant. The landlord did not controvert the plea that the tenant
used the premises both for residence and office.
Write a judgement deciding the case. [DJS 1971)
Code of Civil Procedure E-43
A took on lease from B bungalow No. 502, Rajpur Road, at a rent of Rs. f:JXJ/· p.m.
Q. 56.
on 1.1.64. The tenant did not pay the rent after 1.7.64. On 1.6.65, the tenant filed an
application for the fixations of standard rent of the premises of Rs. 300/-p.m. On 15.12.65,
the landlord filed an application under section 14 of the Delhi Rent Control Act for the
eviction of the tenant on the ground of non payment of rent. The landlord claimed rent
at the agreed rate upto 4.12.65. The tenant pleaded that the landlord cannot claim rent
in excess of the standard rent even for the period prior to 4.12.65.
Write a judgement under section 15 of the Delhi Rent Control Act and discuss the
relevant provisions of the Act in support of your conclusions. [DJS 1971)
Q. 57. Firm Lal Chand Daulat Ram, Fruit Merchants and Comm ission Agents consigned
1000 baskets of bananas to the Northern Railways for carriage to Vijayawada. Due
to the negligence of the railway, part of the goods were lost and part were damaged.
Firm Lal Chand Daulat Ram brought a suit against the Union of India for recovery of
Rs. 5000 as damages. The defendant Union of India pleaded that the plaintiff firm was
not registered under section 69(2) of the Partnership Act and the suit is not maintainable.
The question that arose for determination was whether the claim of the plaintiff firm
regarding the damage is based on Contract or Tort. U it is based on Tort then Section
69(2) of the Partnership Act has no effect, if the claim is based on Contract then Section
69(2) bars the suit. Write a judgment deciding the case. [DJS 1971)
Q. 58. A, a widow aged 70 years owning 300 bighas of land lived in village Kharar. A had
a daughter who lived in a distant village. B, the brother of the husband of A lived in
the neighbourhood of A. After the death of the husband of A, B developed affectionate
relation with A. B started managing the lands of A. A reposed great confidence in B
and so much so, she executed a Power of Attorney in favour of B giving him power
to manage her lands and do other acts connected with the management of the land. At
the age of 75, A started keeping indifferent health. B took A to Chandigarh and there
A executed a Deed of Gi.ft in favour of B under which she gifted her entire holding
to B. After a year of the execution of the Deed of Gift the relations between A and B
got strained. A filed a suit alleging that the gift had been obtained from her by undue
influence and it be declared null and void. B maintained that A had executed the Deed
of Gift of her own will and no influence was put on A in the execution of the Deed of
Gift.
The facts proved are:-
(a) B managed the lands of A for 5 years and A came to repose great confidence in B.
(b) A was keeping indifferent health for about one year before the execution of the gift
deed.
(c) Gift deed was witnessed by two witnesses known to B who had accompanied A and
B from the village to Chandigarh.
(d) A had no independent advice before the execution of the Deed of Gift.
Write a judgement deciding the case. [DJS 1971)
Q, 59. Hilton & Co. shipped 2000 bales of cotton from London to the finn Jagannath Madho
Prashad, at Bombay. The ship carrying the goods left the port for Bombay on 20.8.1967.
On 1.9.1967 the firm Jagannath Madho Prashad entered into an agreement with a firm
at Calcutta for the sale of 1000 bales, out of the shipment. On 6)9.1967, ship carrying
E-44 All States Judicial Service Examination - Unsolved Mains Paper
the goods was destroyed in a war that broke out between Israel and· Egypt. The finn
at Calcutta filed a suit against the firm Jagannath Madho Prashad for recovery of
Rs. 10,000/- as damages for failure to deliver the contracted goods. The firm Jagannath
Madho Prashad filed a suit against the Calcutta Firm for recovery of Rs. 20,000/- as the
price of the goods. The Bombay Finn pleaded that the risk in the goods had passed to
the Calcutta firm and they must pay for the goods, though not delivered. Both the suits
were consolidated. Write a Judgment deciding both the suits. [DJS 1971)
Q. 60. Firm Sohan Lal Dwarka Dass contracted to supply 1000 bags of sugar to firm Tara Chand
Dina Nath by 2.4.70. The firm Sohan Lal Dwarka Dass failed to supply the sugar within
the stipulated period. Firm Tara Chand Dina Nath filed a suit against Firm Sohan Lal
Dwarka Dass for recovery of Rs. 5000/- as damages. The defendant firm pleaded that
the plaintiff firm was not registered under section 68 of the Partnership Act and the
suit is not maintainable. During the pendency of the suit the plaintiff firm got the firm
registered with the Registrar of firms. It was contended on behalf of the plaintiff firm
that the firm having been registered, the suit is competent.
Write a judgment deciding the objection raised by defendant firm. (DJS 1971)
Q, 61. A entered into an agreement with B for the sale of his land measuring 50 Bighas, situated
in Delhi, for a sum of Rs. 50,000/-. B paid Rs. 5,000/- to A as earnest money. It was
agreed that B would pay the balance of the sale price to A before the Registrar and have
the sale deed registered before 6.8.67. On 3.8.67 B wrote to A to extend the time for the
registration of the sale uptil 1.10.67 to which A agreed. B failed to pay the balance of
the sale price and get the sale registered within the agreed period. On 6.10.67 B sent a
telegram to A to receive the balance of the sale price and have the sale deed registered
on 8.10.67. A sold the land to C for Rs. 70,000/-. B filed a suit for specific performance
against A and C. A pleaded that B having failed to get the sale deed registered as per
the agreement, he cannot enforce the agreement of sale. B pleaded the time was not
essence of the contract and he is entitled to that relief claimed.
Write a judgment deciding the case. (DJS 1971)
Q. 62. A, a famous Cabaret Artist entered into an agreement with Ashoka Hotel to give
performance every evening from 1.11.71 to 1.3.72. A subsequent to the agreement,
with the Ashoka Hotel entered into an agreement with the International Hotel to give
performances from 1.11.71 to 1.12.1972. The Ashoka Hotel filed a suit for the specific
performance of the contract against A. A contested the suit pleading that the relief
of specific performance cannot be alJowed. Write a judgment discussing the relevant
provisions of the Act. [DJS 1971)
Q. 63. A, the owner of a double storey house, Jets the same to B, at a monthly rent of
Rs. 1200/- for use as residence-cum-office. B uses the ground floor portion for his office
and the first floor portion for his residence. After about three years, A bonafide requires
at least one storey of the house for use as his own residence, and requests B to vacate
the first floor of the house. B refuses. A makes an application before the Rent Controller
for an order for recovery of possession of the whole house, or in the alternative, for
the first floor, under proviso (e) to Section 14(1) of the Delhi Rent Control Act, 1958. B
contends that the petition should be dismissed as the house was Let to him for office-
cum-residence.
Write a Judgement deciding the case. [DJS 1973)
Code of Civil Procedure
Q. 64. x, a landlord, filed an application for recovery of possession against his tenant Y, m
the ground of subletting. Y at first contested the petition but subsequently compromised
with X, admitting the relationship of landlord and tenant between X and himself and
also about the ground of eviction and sought lime for vacating the premises. The Rent
Contro11er recorded the statements of the parties and passed an order for recovery of the
premises against Y on 202.1973, but granted two years' lime to Y to vacate the premises
during which period the order could not be executed. Thereafter Y stopped paying rent
to X and as such X, after serving a valid notice of demand under proviso (a) to Section
14(1) of the Delhi Rent Control Act, 1958, made an application on 12.8.1973, before the
Rent Controller for the recovery of possession on the ground of non-payment of rent
against Y. Y contests the petition and contends that there is no relationship of landJord
and tenant between him and X, and as such the Rent Controller has no jurisdiction to
proceed. X contends that Y, having admitted the relationship of landlord and tenant
between parties in the earlier proceedings cannot deny the same and the Rent Controller
has jurisdiction.
Write an order deciding the objection. [DJS 1973)
Q. 65. Doctor A, employed in a Government Hospital, is owner of double storey house. He
has been residing in the ground floor portion of the house along, with his family. On
the first floor lives a tenant who had taken the premises for residential purposes from
Doctor A on rent some years ago. Doctor A retires from the service and starts his clinic
in the ground floor portion and as such bonafide requires the first floor of the house
for residence for himself and for the members of his family and requests the tenant to
vacate the first floor. The tenant refuses and Doctor A makes an application for an order
for the recovery of possession on the ground of bonafide personal requirement, under
proviso(e) to Section 14(1) of the Delhi Rent Control Act 1958, before Rent Controller.
The tenant contests the petition on the ground that the requirement is for commercial
purposes and not for residential purposes.
Write a judgement deciding the case. [DJS 1973)
Q. 66. A and B are the co-owners of a house, the share of each being half. The house needed
some urgent repairs. A called upon B to make repairs and to take from him half of the
cost, or to allow A to have the repairs effected and to pay him half of the cost. B neither
carried out the repairs nor signified his consent to the alternative. A was compelled to
have the repairs done entirely at his own cost with a view to save the property being
damaged, incurring an expenditure of Rs. 2,000/-. A filed a suit claiming a sum of
Rs. 1,000/- i.e., one-half share of the cost of repairs. B contests the suit and contends
that A, being the co-owner of the house, is not entitled to recover from him any portion
of the amount spent by him towards repairs of the house, unless he had agreed to
contribute to the repairs or to reimburse A.
Write a judgment deciding the suit. fDJS 19731
Q, 67, A, in the aforementioned fact-situation, instead of filling two separate suits, as stated
above filed a single suit against B for recovery of arrears of rent in respect of the shop,
and for recovery of the vacant site, pleading the same tenancy as to the shop and
complaining that, besides non-payment of the rent of shop, the defendant had also
trespassed into the adjoining vacant site.
E-46 All StAtes JudidAl Service Examination - Unsolved Mains Paper
B contested the suit and raised a preliminary objection in his written statement to the
effect that the frame of the suit was bad because the leave of the court had not been
obtained to join the claim for recovery of rent of the shop with the claim for recovery
of the vacant site.
Write a short judgment deciding the preliminary objection, taking note of the rival
arguments which you may imagine, were raised before you. (DJS 1971)
Q. 68. A house which is an allotable property under the Displaced Persons (Compensation &
Rehabilitation) Act, 1954 hereinafter to be shortly referred to a; the Act, is in occupation
of two displaced persons, X and Y, both of whom are non-claimants under the Act. As
between X and Y, Z has a preferential right under law to get the house allotted to him.
By his order dated 1.1.1965, the Managing Officer who is empowered under the Act,
to transfer such property by allotment transferred it to Z, brother of Y, who happened
to be a claiman t under the Act. In doing so, the Managing Officer relied on a statutory
rule which lays down that as between two occupants one of whom is a claimant and
the other a non-claiman t such property shall be allotted to the claimant. He obviously
misconstrued the word 'occupant' occurring in the rule, in a much as he held that
occupation of one brother ensures for the benefit of the other and that, therefore. Z must
be deemed to be in occupation of Y.
X appealed from the aforesaid order against him . The appellate authority appointed
under the act dismissed the appeal by its order dated 1.6.65. Thus, the order passed by
the Managing Officer was affirm ed; and it became final and conclusive under the Act.
On 15.1966, X filed a suit against Z in-a civil court for a declaration that the order of
allotment in favour of Z is illegal, ultra vires and without jurisdiction and that, instead
of Z, he is entitled to such allotment.
Z contested the suit and inter alia pleaded limitation. He contended that article 100 of
Limitation Act, 1%3 applied and that time began to run from 1.1.1965 when the original
order of the allotment was passed. X replied that Article 58 applied and that time began
to run from 1.6.1965, when his appeal was dismissed by appellate authority.
Write a brief judgment deciding the issue of limitation. Your judgement should indicate
that you have correctly understood the argument on both sides. (DJS 1971)
Q. 69. A executed a mortgage of his land to B to secure payment of Rs. 200/· and put Bin
possession of the land . Four years latter, in the beginnin g of 1971 B filed a suit against A
for recovery of the principal amount of the land or in the alternative, to recover the same
from A personally, relinquishing his claim to land. A pleaded limitation. B contended
that the suit was within limitation and that in any case, he had a choice to relinquish
the security and sue on the basis of loan. He further contended that the receipt by him
of the produce of the land since the date of the mortgage as mortgagee in possession
saved the bar of limitation under section 19 of the Limitation Act, 1963.
Read the /act situation given above quite carefully and answer the following
questions:
(a) Does the deed require registration?
(b) What is the period of limitation to claim the amount out of the land?
(c) What is the period of Limitation for the relief claimed in the alternative?
Code of Civil Proadurt E-47
(d) Assuming that the deed required compulsory registration, is it admissi ble under
section 49 of Registration Act, 1908, to prove that B received the produce as a
mortgagee in possession, and thus save limitation for him under section 19 of
Limitation Act, 1963? (DJS 1971)
Q. 70. Assuming that the deed in the aforementioned case is inadmissible in evidence, can B
be allowed to produce oral evidence in support of his averment that he received the
produce of the land as a mortgagee in possess ion. Give reasons. (DJS 1971)
Q. 11. Write a judgment deciding the following case:
In 1936, A brought a suit against Orissa Government to the effect that as ruling chief of a
place K (in Orissa State) he was entitled to beds of certain rivers. That suit was dismissed
by trial Court. During the pendency of his appeal in High Court, a compromise was
arrived at, whereby in consideration of admission of A that he was not a ruling chief
but was merely a proprietor of an estate liable to pay land revenue, ·Government gave
up benefit of success in trial court and recogniz ed A as proprietor of river beds. In 1961.
Orissa Estates Abolition Act, providing vesting of estate in Government was passed. A
apprehending loss of all lands, even other than river beds, filed a suit in 1962 to the
effect that he was ruling chief of K and as such his lands were not estates and could
not be vested in Government. Government raised pleas as under:
(i) Suit is barred by res judicata, because, on basis of admission of A, it had been held
in previous suit that he was not a ruling chief.
(ii) Suit is barred by principles of Estoppel. (DJS 1973)
Q. 72. "A" a native of Agra, after serving a notice under section 80 C.P.C. instituted a suit
against the Union of India at Agra on the last day of two month's of service of notire
challenging his dismissal from service as Customs Inspector, Ferozpore. Jurisdiction of
Agra Court was claimed on the ground that the Union of India was operating its Rail way
there, and therefore carrying on business there.
Objection was taken by the defendant that the suit could not lie, being not alter the
expiry of the full two month's period of service of notice under section 80 C.P.C. At the
time when the defendant filed the written statement, those two months had long expired.
Another plea raised in defence was that the Agra Court had no jurisdiction, and that
the proper court was Ferozpore, where A was last posted and caught allegedly taking
bribe, or the Amri tsar Court from where the Collector issued the dismissal order.
Decide after framing issues. !DJS 1979]
Q, 73. A sues B for recovery of Rs. 1()()() /. and interest and the suit is decreed. In the judgement
nothing is said about interest claimed. The decree is drawn in accordance with the
judgement. An application under Sections 151 and 152 of the Code of Civil Procedure is
filed to amend the decree and for adding an order for payment of Interest. How would
you decide? !DJS 1989)
Q. 74, A suit was filed for declaration of right to patta based ori an unregis tered deed of sale.
The defendant admits the plaintiff's allegation and has no objection to the decree being
passed according to the plaintiff's claim. Write judgment. !DJS 1990]
Q, 75. A entered into a written contract with B al Delhi, on 1.4.98, for supply of cement al the
rate of Rs. 100/- per bag weighting 50 kgs. A is having its office in Delhi as well as
Rohtak and Gurgaon. Bis having office only at Rohtak. On 20.4.1998, A supplied cement
E-48 All States Judicial Service Examination - Unsolved Mains Paper
worth Rs. 25,00,000/- (Rupees Twenty Five lakhs) to B at Rohtak. B made payments
from time to time, sometimes by cheque and sometime in cash at Rohtak. Last payment
by cheque was made on 25.6.1998 and last payment in cash was made on 8.10.1998.
No receipt of cash payment was however obtained. An amount of Rs. 3 lakhs remained
unpaid, despite notice sent by A and B. A then filed a suit at Delhi for recovery of the
principal sum of Rs. 3 lakhs (Rupees Three lakhs) along with interest from 20.4.1998,
at the rate of 18% per annum. Interest was claimed on the basis of an oral agreement,
subsequent to the written contract dated 1.4.1998. He also claimed pendent lite and future
interest at the same rate, along with costs of the suit. Suit was filed on 1.10.2001.
B filed written statement contesting the suit. He took preliminary objections that (i)
Delhi Court had no jurisdiction in the matter as it was doing business and goods were
supplied at Rohtak. (ii) the suit was barred by limitation and (iii) no evidence of an oral
agreement for payment of interest was admissible in view of Section 92 of Evidence Act.
B however did not dispute the facts.
Frame issues on the pleadings of the parties and write a reasoned judgment.
[DJS 2005)
Q. 76. A let out first floor of house No. M-25, Greater Kailash, New Delhi to B, at the rent
of Rs. 3500/- per month, for a period of 5 years, starting form 1.4.1998. Since B was
in arrears of rent, he filed a civil suit against him on 20.6.2002, for recovery of arrears
of rent for the period from 1.7.1999 to 31.12.2000. The suit is still pending. As rent for
subsequent period was also not paid, he filed another suit on 30.11.2004 for recovery
for arrears of rent for the period from 1.1.2001 to 31.3.2004. He pleaded that his entire
claim was within limitation as B had issued a cheque of Rs. 10,000/ • to him towards
part payment of rent for the period from 1.1.2001 to 30.11.2001, which, when presented
to the bank was dishonoured. He also claimed interest at the rate of 12% per annum,
without pleading any basis for claiming interest.
B filed written statement contesting the suit. He took preliminary objections that (i) rent
for the period from 1.1.2001 to 31.52002 was not claimed in the previous suit and cannot
be claimed in the present suit (ii) rent for the period from 1.1.2001 to 31.10.2001 was
barred by limitation (ill) there was no agreement for payment of interest and therefore
no interest is payable. He contended that a dishonoured cheque cannot extend the period
of limitation. Facts however were not disputed by him.
Frame appropriate issues arising from the pleadings of parties and write a reasoned
judgment. [DJS 2005)
Q. 77. Facts: In January 1991, Ta public limited company announced issuance of fresh share
capital. Interested applicants applied for shares of T. The share issue was oversubscribed.
In the meanwhile, T had employed B, a scheduled bank, to deal with the refund order.
For the said purpose, T had remitted to B funds to the tune of Rs. 10 crores. The
refund orders were valid only for 3 months. B, however, honoured refund orders
beyond 3 months. From time to time, B despatched details of the refunds made in the
form of a statement of account. T as a matter of fact gave additional funds to B even
after the validity of the refund orders had expired. The last refund was made by B on
31st December, 1992. Four years after the share issue, i.e., in 1995, T instituted a suit
seeking rendition of accounts and thereupon recovery of money of the amount found
due.
Code of Civil Procedure E-49
Stand taken: B defended the suit. In its defence it was contended that the suit was barred
by limitation; it had submitted accounts to T from time to time; it had no surplus funds
., available with it; and lastly the money of which recovery was sought did not belong
to T and that T had not shown that any applicant had come forth asking for refund. B
had proved in support of its stand the statement of account by filing a certified copy
by relying upon the Bankers' Books Evidence Act, 1891. In the cross-examination the
counsel for T had not confronted the witness of B who sought to prove the statement of
... account on this aspect. The counsel for T, however, contended that if the statement of
account filed by B is accepted in its totality even then it would not add up to more than
Rs. 9 crores, In support of its stand that there were unclaimed refund orders normally
to the extent of 10% of the total value of refund, it relied upon the testimony of several
share transfer agents.
Poser: Is T entitled to a judgment and decree for rendition of accounts and recovery of
amount as prayed? · [DJS 2010)
Q. 78. The plaintiff instituted a suit for recovery of money. It is the case of the plaintiff that
he had purchased certain land from the defendant; the said land was acquired by the
Government and accordingly he applied for compensation; however the defendant
objected to the release of compensation to the plaintiff owing whereto the release of
compensation to the plaintiff was delayed by several years. The defendant however
subsequently withdrew his objections and whereafter the compensation was released
• to the plaintiff. The suit is filed for recovery of compensation for delay caused by the
defendant in release of land acquisition compensation. The defendant contested the suit
by denying sale of land to the plaintiff and further pleaded that the objections to release
of compensation was withdrawn by him on the basis of a compromise in writing arrived
at between the parties but the plaintiff mischievously obtained his signatures on an
unconditional application for withdrawal of objection also. The defendant however did
not file the compromise in writing alongwith the written statement. However, during
the cross examination of the plaintiff, the defendant put to him the said compromise in
writing. The plaintiff denied his signatures on the same. The defendant thereafter in his
own evidence sought to prove the said compromise in writing. The plaintiff objected to
the same contending that the defendant having not filed the document at the appropriate
stage could not prove the same.
Decide the said objection of the plaintiff. (DJS 2010)
Q. 79. Bansi (Plaintiff) in possession of House No. P-53, Seelampur, Delhi (suit property) has
filed a civil suit on 05.01.2016 against Ramesh seeking declaration that he (Plaintiff) is the
owner of the suit property and for injunction against any interference in his possession,
use or enjoyment thereof. The suit is contested by Ramesh (defendant) on the basis of
registered sale deed executed by the plaintiff on 31.121010 transferring the suit property
for consideration of Rs. Ten lacs in his favour. In the pleadings, the following facts are
admitted:
(1) The Plaintiff had purchased the suit property for consideration of Rupees Eight Lacs
from its erstwhile owner in the year 2009.
(2) On 31.12.2010, the plaintiff, in possession of the suit property, executed the sale deed
relied upon by the defendant.
E-50 All States /udiciA/ Service Examination - Unsolved Mains Paper
(3) On 31.12.2010, simultaneous to the sale deed, the plaintiff also executed a rent-note,
indicating the lease money to be Rupees Ten Thousand per month, in respect of suit
property in favour of the defendant.
(4) The Plaintiff issued cheques for amounts of Rupees Ten Thousand each on 01.02.2011
and 01.03.201 l, both of which when presented by the defendant returned dishonored
for want of sufficient funds.
(5) The defendant instituted a suit under Order 37 of Code of Civil Procedure, 1908
(CPC), on 01.06.2011 against the plaintiff pleading that he is the owner and landlord,
seeking recovery of rental on the basis of two cheques. The said suit (former suit) was
contested by the plaintiff, inter alia, on the pleadings that the sale deed and the rent
note were sham documents and that the true & correct facts were that he being in
urgent need of money for renovation of the newly acquired house had raised a loan
of Rupees Ten Lacs from the defendant and that the said document were executed
only as a security.
(6) The civil court decreed the suit, inter alia, holding that the defendant is the owner
and landlord of the property qua the plaintiff.
The defendant in the suit for declaration & injunction moves an application under Order
7 Rule 11 CPC raising the following issues:
(a) The suit is barred by principle of res judicata in view of the decision in former
suit;
(b) The plaintiff cannot lead oral evidence contrary to the written contracts in the nature
of the sale deed and rent note, the execution whereof is admitted, in view of the bar
contained in Section 92 of the Indian Evidence Act.
The plaintiff wges that the principle of res judicata & bar of Section 92 Indian Evidence
Act, 1872 do not apply in the present case.
Decide (DJS 2015]
Q. 80. Ramlal filed a partition suit against his father Nanak and two brothers, namely Kishori
and Kannihya in respect of joint family property comprising of four houses (i.e., 'P', 'Q',
'R' and 'S'). All three defendants appeared and filed their respective written statements.
However, thereafter Kishori stopped appearing and was proceeded ex-parte. During the
further proceedings, before the trial commenced, the parties that were contesting filed
an application for compromise along with a compromise deed, inter alia, declaring as
under:
(a) That property 'P' belonged exclusively to Ramlal, the others having no claim or
concern with or interest in it.
(b) That property '(l belonged exclusively to Nanak, the others having no claim or
concern with or interest in it.
(c) That property 'R' belonged exclusively to Kishori, the others having no claim or
concern with or interest in it.
(d) That property 'S' belonged exclusively to Kannihya, the others having no claim or
concern with or interest in it.
(e) That the parties are in separate & exclusive possession of the properties respectively
belonging to them and further that they have obtained separate and exclusive
possession of the properties respectively allotted to iheir shares.
Code of Civil Procedure E-51
The trial court, after recording the statement of the said parties, was satisfied and
accepted the petition of compromise, and passed a compromise decree on 03.04.1964,
treating Kishori as ex-parte.
Kishori later filed an application under Order 9 Rule 13 of the Code of Civil Procedure,
1908 (CPC) through his son & special attorney Sudama, on which notices were issued.
However, before effective proceedings could take place on the said application, Kishori
died. No steps were taken in terms of Order 22 CPC and the said proceedings were
closed.
ln the year 1973, Sudama, son of late Kishori, brought a fresh suit for partition, also
seeking declaration that the earlier decree had been obtained by fraud, also contending
that no proceedings had been initiated for any follow up on the decree based on
compromise.
The defendants in the above mentioned suit of Sudama, namely Ramlal , Nanak and
Kannihya, contested this suit contending that the partition had effectuated in terms of
the compromise decree, attaining finality.
The arguments raised by Sudama are:
(1) The compromise decree was non ~t as Kishori was not a party thereto;
(2) The parties to the first suit had not brought any application for final decree of
partition to be passed; and
(3) That with no execution application having been moved, the compromise decree has
not given effect to any partition.
The defendants in the suit assert that they are in exclusive possessi on of the respective
properties, which fell to their share in terms of the partition under the compromise
decree, and the same has attained finality.
Decide. [DJS 20151
Q. 81. Gumam Singh executed a registered Will on 02.01.1943 in favour of his wife Des Rani.
According to the terms of the Will, on the demise of Gurnam Singh, his estate comprising
of a house at Patel Nagar, would devolve unto Des Rani, who will be limited owner
during her life time without any right of alienation, and upon her death, the house would
devolve upto their only daughter Kulwinder Kaur, Gumam Singh died on 16.12.1946.
Des Rani, during her life time, gifted the property in favour of Gurdeep Singh and
executed a registered gift deed on 13.12.1956 and also parted with possession in his
favour. Des Rani died on 14.03.1968. After her death, Kulwinder Kaur filed the present
suit for possession and injunction against said Gurdeep Singh in the year 1978.
While the statement of Kulwinder Kaw was being recorded and before she could
be tendered for cross-examination, Kulwinder Kaur expired and her legal heirs were
brought on the record. During her said deposition, late Kulwinder Kaur had brought on
record the certified copy of the Will dated 02.01.1943. In the said suit, the legal heirs have
relied upon the testimony of Kulwinder Kaur and the certified copy of said Will.
The counsel for defendants argued that the suit of plaintiff is liable to be dismissed,
inter alia, on the following grounds:
(1) Since Kulwinder Kaur died before her testimony could be completed, her testimony
being incomplete and not subjected to cross-examination, cannot be considered at
all; and
E-52 All States Judicial Service Examination - Unsolved Mains Paper
(2) The plaintiffs have not proved the Will dated 02.01.1943 in accordance with the
provisions of Indian Evidence Act.
Q.
Per contra, the counsel for the plaintiffs argued that evidence of Kulwinder Kaur,
though not subjected to cross-examination, is admissible in the eyes of law and cannot
be discarded. In respect of the Will dated 02.01.1943, the Plaintiff submitted that since
the registered Will is more then 30 years old document, and is being produced from
proper custody, under Section 90 of the Indian Evidence Act, it should be presumed
that the signature and every part of the document is in the handwriting of the person
concerned, and that the Will was duly executed.
Decide. [DJS 2015)
Q. 82. On the basis of fact and evidence mentioned hereunder, write a judgement after framing
necessary issues:
Youns a house of facts and evidence mentioned hereunder, write a judgement after
framing necessary issues:
Yowns a house in Bhopal. it is alleged that he agree to sell it to plaintiff X. Under an
agreement of sale dated 30th June, 1996 for a sum of Rs. 8,000/- Plaintiff X. says that
he paid Rupees 2,000/- as earnest money and that Y was under the terms of agreement
of sale to deed within six months from the date of its execution. Subsequently, however
Y sold the house to Z for a sum of Rs. 10,000/- on 2nd Dec. 1996. The plaintiff alleges
that Z was -aware of the previous agreement of sale in his favour. He has, therefore,
filed this suit for specific performance of the contract in his favour.
Y and Z contested suit in his written statement Y admitted execution of agreement of
sale with X He further admitted to have received Rs. 2,000/- as earnest money. But took
the defence that plaintiff was unable to arrange remaining amount of consideration, so
declined to get the sale deed executed in his favour.
Z took the defence that he has no knowledge of the agreement In respect of the suit
house in plaintiffs favour. He contends that he purchased the suit house in good faith
and believing that Y was entitled to sell the house to him. In the alternative he also
allege that the plaintiff was unable to arrange for the money and, therefore, he declined
to purchase the house.
In support of their pleadings-
(i) X examined himself (P.W. 1)
(ii) Witness A who is scribe of agreement to sale deed in favour of X, and also sale deed
in favour of Z. (P.W. 2)
(iil) Then C, sub-registrar before whom, X objected execution of sale deed in favour of
z. (P.W. 3)
Plaintiff filed and proved the following documents-
(i) Agreement to sale deed (Ex. P.I)
(ii) Sale deed in favour of Z (Ex. P. 2)
(iii) Objection application before sub-registrar (Ex. P.3)
Y examined himself (D.W. 1) and one witness 'B' who deposed that in his presence X
showed .inability to arrange remaining amount and declined to get sale deed executed
(D.W. 2).
Z examined himself in support of his pleadings. (D.W.3) [MPJS 1996)
Cede of Ciuil Procedure
83, frame issues on the basis of facts mentioned hereunder and write a judgement on the
basis of facts, evidence and arguments mentioned hereunder.
'A' filed a suit for eviction and recovery of arrears of rent against 'B' from his house
situated at Judgement on the basis of facts, evidence and arguments mentioned
hereunder:
'A' filed a suit for evietion and recovery of arrears of rent against 'B' from his house
situated at Jabalpur on the following grounds:
(1) That 'B' is his tenant who has taken his suit house on a monthly rent of Rs. 100 on
1-1-91 and since then is in possession thereof..
(2) That 'B' since 1-1-92 has stopped paying rent therefore for arrears of rent a notice for
demand has been served on him by 'A' on 1-1-98 but 'B' neither paid nor tendered
the whole of the arrears of rent and even did not replied the notice.
(3) That because of 'A' being in service in private sector, 'A' was let a house belonging
to his employer and that accommodation was being used as a residence y 'A' but
'A' has now ceased to be in service and therefore is required to vacate the house
belonging to his employer. 'A' filed the suit on 1-2-98.
Written Statement:
(1) 'B' in his written statement admitted the fact that he is the tenant of suit premises
and his taken the suit house on a monthly rent of Rs. 100 from 'A' on 1-1-1991 and
since then is in possession thereof
(2) 'B' denied the other averments and specifically pleaded that 'A' is in occupation of
a house of his employer and has raised a dispute before competent authority that
he is still in service, and also has obtained interim order against his employer that
he shall not be evicted from the house till the dispute raised by him regarding his
service is not decided.
(3) 'A' has another suitable vacant house of his own. After service of write of summons
from court, within one month has deposited the. rent for last 3 years from the date of
receipt of A's notice and subsequent thereto and is regularity depositing the rent as
required u/s 13 of the M.P. Accommodation Control Act and all the rent deposited
by him has been withdrawn by 'A' as such 'A' is neither entitled to evict 'B' from
the suit house nor is entitled to recover arrears of rent from him.
(1) 'A' examined himself and in his examination supported the case of his own but in
cross-examination he admits the fact that service dispute is pending before deposited
authority and from where he has obtained/interim order in his favour against his
employer, not to evict him till the service dispute is decided. He also admits that he
has withdrawn the rent amount deposited by Defendant in Court. He denied that
he has any other suitable vacant accommodation available at, [abalpur.
(2) Another witness 'C' produced by 'A' supports the fact that 'A' has no other
accommodation at [abalpur.
Evidence for 'B': To support the case 'B' examined himself only and in his examination
he deposed the facts raised by him in his written statement and specifically stated on
oath that 'A' has another vacant accommodation at Iabalpur but in cross-examination
he admits that he has not seen any documents or title papers to prove that another
accommodation actually belongs to 'A'. He also admits that he has heard that the
said vacant accommodation belongs to 'A'.

E-54 All States Judicial Seroice Examination - Unsolved Mains Paper
Arguments for 'A':
(1) 'B' failed to pay whole arrears of rent.
(2) 'A' has no other suitable accommodation except the suit house.
(3) Because of service dispute 'A' required bona fide the suit house for is residence.
Arguments for 'B':
(1) He has deposited the whole arrears of rent legally recoverable from him the ground
of default in paying the rent for eviction is not available to 'A'.
(2) A's requirement is not bona fide because he is in continuing possession of that house
where he lives for last so many year.
(3) Suit filed by 'A' was premature.
Law Referred:
(1) Civil Procedure Code.
(2) Evidence Act.
(3) M.P. Accommodation Control Act.
(4) Indian Limitation Act. [MPJS 1998)
Q. 84. On the basis of facts and evidence mentioned hereunder, write a well reasoned order
after framing necessary issues:
The plaintiff 'A" filed a suit for redemption of mortgage and possession of the house
against the defendant 'B'. The plaintiff executed a registered document (Ex. Pl) in favour
of defendant and received an amount of Rs. 50,000/- and delivered poison of the house
to defendant with an agreement to resale the house, if the plaintiff pays back Rs. 50,000/-
within a period of two years. It is also stated by the plaintiff that he took loan of Rs.
50,000/- from defendant and in lieu thereof executed registered mortgage deed and
thereby effected a mortgage by conditional sale in favour of defendant. The plaintiff
served a registered notice to defendant just after period oftwo years, expressing his
willingness to repay back the mortgage amount.
The contention of defendant 'B' is that it was not a mortgage but out and out sale with
an agreement to resale the property, if the plaintiff pays back the amount within two
years and since the plaintiff did not do so, therefore, that condition did not have any
force to get back the property. The period of two years was the essence of contract.
Execution of registered document is an admitted fact in this case.
Evidence of this case
(i) 'A' (RW. 1) examined himself in support of his case and deposed that the document
was a mortgage by conditional sale.
(ii) 'B' {D.W. 1) examined himself and stated that the plaintiff failed to repay he amount
within two years, therefore, he becomes absolute owner of the house.
(iii) The contention of 'B' is that the period of two years was the essence of contract.
(iv) The contention of' A is that he was in need of money and took loan of Rs. 50,000/-
from 'B' [MPJS 2001)
Q. 85. Frame charge on the basis of facts mentioned hereunder and write a well reasoned
judgement on the basis of facts, evidence and arguments mentioned hereunder:
Code of Civil Procedure E-55
Complaint 'K' resides in his residential house in Kurud town. In the evening of 24.1.2000
he reached to his house after finishing his agricultural work and kept his hero Honda
Motor Cycle in the verandah of his house. In the night he locked the door of verandah
and went to sleep in his bed-room. In the early morning on 25.1.2000 he woke-up and
came to verandah where he saw his motor cycle missing and the door of verandah
was open, somebody had in the night stolen his Motor Cycle CG-120. Complainant
'K' immediately narrated the incident to his neighbour 'R' and then lodged F.I.R. in
the Police Station. Sub-Inspector 'Kh' registered an offence and started Investigation.
During investigation Sub-Inspector 'Kh' saw the accused 'Gh' with motorcycle in the
weekly bazar and on suspicion interrogated the accused about the motor cycle. Accused
failed to disclose any substantial fact about purchase of that motor cycle. On suspicion
Sub-Inspector 'Kh' seized that motor cycle from the possession of accused 'Gh' in the
presence of witnesses E and F and appeared a seizure memo.
Sub-Inspector 'Kh' has enquired about that motor cycle, he perused the documents of
that motor cycle and came to conclusion that the number of seized vehicle was the
same which complainant 'K' had disclosed in his FJ.R. Later on complainant 'K' saw
his motor cycle in the Police Station.
After the completion of investigation the prosecution has charge sheeted accused 'Ch'
before the Court.
Defence: Accused has taken the defence that Sub-Inspector 'Kh' has falsely implicated
him in this case.
Evidence for Prosecution: Witness 'K' who is the complainant in this case has deposed
that he resides in Kurud town, he kept his motor cycle in the verandah of his house
on 24.1.2000 and slept in night in his room Complainant 'K' has also defused that he
has closed the door of verandah and had locked the door. He said that he woke-up in
the morning of 25.1.2000 and went to the verandah where he saw that his motor cycle
was missing and door of verandah was open. As per statement of witness he firstly
narrated the incident to his neighbour 'R' and then went to Police Station where he
lodged F.l.R. Police at the time registered the offence and seized the cash memo receipt
of the purchase of motor cycle from him. Seizure memo Exp. 2 was prepared in the
presence of two witnesses 'T' and 'Th'. Complaint 'K' deposed that after some days he
saw his motor cycle in the Police Station.
Cross-examination: Nil.
Prosecution witness 'R' has deposed that in the morning of the incident complainant
'K' had told him about theft of his motor cycle.
Cross-examination: Nil.
Witness E (PW 3) and F (PW 4) deposed in their statements that they were in the
weekly bazar where Sub-Inspector 'Kh' enquired with the accused 'Ch' about the motor
cycle and then seized the motor cycle from his vide seizure memo Exp 3. In the cross·
examination both witnesses have said that they are not telling lie on the investigation
of police.
Witness 'Kh' Sub-Inspector (PW 5) deposed that complainant 'K' had lodged F.I.R. Exp.
1 on 25.1.2000 on the basis of which he registered the offence and seized the cash memo
of purchase of the motor cycle from complainant. Witness has said that he seized cash
E-56 All States JudiciAI Seroice Examination - Unsolved Mains Paper
memo Exp. 4 vide seizure memo Exp. 2. Sub-Inspector also deposed that on suspicion, in
the weekly market he enquired from the accused about the motor cycle in the presence
of witnesses, who failed to explain satisfactorily, then he seized the motor cycle from
the possession of the accused and prepared seizure memo Exp 3. On enquiry and after
perusal of documents he found the motor cycle belonging to the complainant. In his
cross-examination the witness has denied that he has falsely implicated the accused.
Defence evidence on behalf of accused- Nil
Arguments
Prosecution: The Prosecution argued that the evidence against accused in sufficient to
prove the guilt.
Defence: On behalf of accused it has been argued that the accused belongs to village
vicinity therefore if found guilty, Then he be sympathetically considered in awarding
sentence.
Reference: Indian Penal Code, Criminal Procedure Code, Evidence Act. [MPJS 2003)
Q. 86. Civil Case: Frame issues on the basis of following facts, write model order on legal
foundation with clear findings on each issues-
Kamla has filed a petition under section 13 of the Hindu Marriage Act, 1955 before a
competent family court.
Kam.la has stated that she got married with Jeevan on 1.1.1998 within the jurisdiction of
the existing court. Subsequently they became parents of 2 children. I<amla also pleaded
that her husband is always angry, drunkard in nature & his illicit relation with other
women caused quarrel between them. He beats her and "behaves mental & physical
cruelty? Two or three times he got her out of his house, but every time her parents and
other family members managed to sent her husband's house with a understanding that
he will behave properly and will not give her torture. Jeevan always demands money
from Kam.la on refusing he Started ill treatment. He does not perform any regular job
whereas Kam.la is a teacher in a Higher Secondary School and by the salary of Kamla
she maintained the family.
On day on 1.1.03 when Kam.la refused, to fulfil the demand of money. Jeevan had beaten
furiously and throw his wife Kamla with two children violently from his house. I<amla
went to police and lodged F.I.R after investigation police, filed a case against Jeevan
before competent Magistrate.
Kamla now-a-days residing in a rental house with her two children and her husband
is living with his second lady and keeping illicit relation with her.
Thus Kamla has filed this petition for a decree of divorce, so that she can live her
rest of life with peace and honour with her two kids. In written statement Jeevan has
admitted the territorial jurisdiction of the court, but he denies the fact of consuming
liquor, beating wife and illicit relation with other women. Moreover he pleaded that
Kamla herself wants to live separately so she filed the petition on the basis of false
allegations. Further he stated that he is from the lower standard family in comparison
to that of Kamla's family and he has not any regular income that why Kamla doesn't
want to live with him whereas he always wants to live with his wife and two kids both
parties have adduced witnesses in support of their pleadings.
Code of Civil'Procedure
The court attempts for reconciliation between the parties but was of no use and results.
The prescribed period for judicial separation was elapsed,
The court heard both the parties on merits. The learned respective counsels has advanced
their arguments in support of their pleadings. Kamla wants decree of divorce whereas
Jeevan requested for dismissal of the petition. [MPJS 2004)
Q. 87, Plaintiff 'A' alleging himself to be the owner of the suit shop, measuring 12 bye 14 situated
in Vidisha, has prayed for the eviction of tenant 'B' on the following grounds:
(i) That the defendant has not paid the rent of the suit shop amounting to rupees 3JXX)/-
for a period from July-December 2003 despite repeated demands.
(ii) That the suit shop was let out running cloth business but the defendant is running
a restaurant in the same for past one year.
(iii) That the plaintiff requires the suit shop bona fidely for starting business of medical
store for his 24 years old son 'C' who had obtained a diploma in pharmacy in year
2000. (MPJS 2006]
Q. 88. Write judgement after farming necessary issues on the basis of pleading and evidence
given hereunder after analysing the evidence.
Plaintiff's Pleadings
'A' filed a suit for eviction and recovery of arrears of rent, against 'B' situated in Gwalior
city, before Civil Judge Class II, from his shop, on the following grounds:
(i) That 'B' is his tenant in the suit shop at the rate of Rs.150/- per month since January,
1990. The rent note was executed.
(ii) That 'B' had taken the shop for business of Readymade garments, but from 1.1.2001
'B' has formed a registered partnership firm with his son 'C', and has started business
of readymade garments in the name of 'B' and son. Actually 'B' has transferred the
possession of the shop to the registered partnership firm.
(iii) That on 1.1.2001, 'B' illegally without the permission of 'A' has taken the possesslon
of A's another identical shop beside the suit shop, broken the portioned wall between
the shops, and converted it in a single large shop. ·
(iv) When 'A' protested 'B' offered to increase the rent or Rs. 250/- per month, but 'A'
refused and asked 'B' to vacate both the shops.
(v) That 'A' in the notice dated 1.3.2001, terminated the tenancy and demanded vacant
possession of shops, two months arrears of rent at the rate of Rs. 3000/· per month
from 'B'. But 'B' in its reply refused to vacate the shops.
(vi) That 'A' valued the suit for Rs. 4;200/- and after paying the Court fees, filed the
suit, before the civil judge Class II on 25.31001.
Defendent's Pleadings
(vii) In his written statement 'B' pleaded that there was no another shop, he never took the
possession of so-called another shop. The shop is one and same from the beginning
of the tenancy. For the betterment of business 'B' has formed a registered partnership
firm with his son 'C', who is doing the business with the 'B', since the beginning of
the tenancy and possession of the shop with 'B' and his son 'C'.
(viii) Denying the pleadings of 'A', 'B' has specifically pleaded that 'A' has asked to
enhance the rent of the disputed shop from Rs. 150/· per month to Rs. 2:IJ/- per

E-58 All States Judicial Service ExamiMtion - Unsolved Mains Paper
month from 1.1.2001, but on refusal of 'B', 'A' has instituted this suit falsely. It is
further pleaded that 'A' has not valued the suit for possession of so called another
shop at the market value which is Rs. 1,00,000/- for which civil judge Class II, has
no pecuniary jurisdiction to entertain the suit. Accordingly the plaintiff has to pay
the court fees on market value of so called another shop.
Plaintiff's Evidence
(ix) 'A' examined himself, exhibited the rent note, showing length, breadth, and
boundaries of rented suit shop. He described the new dimension of the shop after
taking possession of second shop by 'B'. He exhibited the entries from the register of
Firms and Societies and shown the possession of registered partnership firm through
defendant 'B'. He also said that 'B' neither paid 'A' nor deposited the arrears of rent
in the court, within one month of service of summons by the court. He admitted in
cross-examination that B's son 'C' is doing business since starting of the tenancy.
Defendent's Evidence
(x) 'B' examined himself and said that he and his son 'C' are doing business of readymade
garments in the shop since January 1990, for that he exhibited his cash memos,
Bahikhata. In cross-examination he admitted the formation of registered partnership
firm with his son, but said that it was for betterment of business. He also said that he
and his son are only, partners in the firm. He also said that market value of another,
so called, shop is more than one lac rupees.
(xi) 'D' the other witness produced by 'B' stated, that 'C' is doing business with 'B' since
January 1990, but in cross-examination he admitted that the dimension of the shop
has been increased, as described in rent note. [MPJS 2007)
Q. 89. That the defendant's father 'F' needed Rs. 10,000/- for treatment of his wife. On the
request of 'F', plaintiff 'A' advanced a loan of Rs. 10,000/- on 25th December, 2002. On
the same day 'F' executed a promissory note and receipt in favour of plaintiff with the
stipulation to pay interest@ 1% per month. (MPJS 2009)
Q. 90. Write a judgement on the basis of pleadings and evidence given here under after framing
necessary issues and analyzing the evidence, keeping in mind the relevant provisions
of the M.P. Accommodation Control Act, 1961.
Plaintiffs Pleadings
'A' filed a suit for eviction of tenant on the ground of bona fide need for residential
purpose and arrears of rent against 'B' on the following facts.
1. That the Plaintiff is owner and landlord of House No. 20, Shiv Nagar Jabalpur
(disputed house). Defendant is tenant in the disputed house on rent Rs. 200/- p.m.
since February 1998.
2. That the Plaintiff is residing in House No. 18 Shiv Nagar Jabalpur which consists of
four small rooms measuring 10 ft x 12 ft. In this house plaintiff, his wife, two sons
aged 24 and 20 years and one daughter aged 22 years are residing. Plaintiff's children
require separate room for their studies. Plaintiffs eldest son is of marriageable age,
and in near future he would get married and then he would also require a separate
room. Plaintiff's present accommodation is insufficient to fulfill his requirement.
Code of Civil Procedure
3. Therefore the plaintiff requires the disputed house for residential need of his family.
For this purpose the plaintiff has no alternative accommodation of his own in Jabalpur
city.
4. The defendant has not paid rent since January 2010.
Defendant's Pleading
s. Defendant specifically denied all the allegations of the plaint except this fact that he
is the Plaintiffs tenant in the disputed house.
6. Defendant pleaded that, the Plaintiff is in possession of a huge house consisting
big six rooms. The plaintiff's eldest son has completed his Bachelor of Engineerin g
in Electronics and during his studies he has already been selected by a Company
based at Bengaluru. After getting the job and getting married certainly he will live
in Bengaluru.
7. Plaintiff's daughter is of a marriageable age and the plaintiff is in search of a suitable
match for her.
8. Plaintiff has suppressed this fact that initially the rent of the disputed house was
Rs. 100 p.m. but since January 2001 the rent was enhanced to Rs. 200 p.m. In
January 2010 the plaintiff approached the defendant and demanded enhanced rent of
Rs. 500 p.m. Defendant agreed to pay Rs. 300 p.m. but the plaintiff was adamant on
his demand of Rs. 500 p.m.
9. It is denied that the defendant has not paid rent from January 2010. He tendered
rent @ Rs. 200 p.m. but Plaintiff refused to accept the rent.
Plaintiff's Evidence
10. Plaintiff 'A' (PW-1) examined himself and proved his pleadings. In support he has
filed the sanctioned map of Nagar Nigam (EX-Pl) of house no. 18 Shiv Nagar. Faces
receipt (EX-P2 to PS) of the institution in which the plaintiff's children are studying,
are filled. He further deposed that whenever ~ parents come and reside with him,
then they are in short of space in his house. In cross examination plaintiff admitted
that his eldest son completed B.E. but he denied that he has been selected by a
Bengaluru based company. He denied that he is in search of a suitable match for her
daughter. Her daughter is still studying M.A. and she will further study. He further
deposed that the defendant has not paid the rent since January 2010.
11. Plaintiff in support examined his friend 'F' (PW-2) who deposed that he used to go
to the house of plaintiff and many a times he has seen the plaintiff and his wife,
fighting over the issue of shortage of space.
Defendant's Evidence
12. Defendant 'B' (DW-1) examined himself, who deposed that plaintiff has a huge
house consisting of six rooms. Plaintiff's eldest son is selected by a Bengaluru based
company. The plaintiff is in search of a suitable match for her daughter. In cross
examination, he admitted that he never visited the plaintiff's House No. 18, so he is
not sure as to how many rooms were there. He also admitted that he is not aware
as to which company selected the plaintiff's eldest son.
13. Defendant further deposed that initially the rent was Rs. 100 p.m. but at the request
of the plaintiff, defendant agreed to pay Rs. 200 p.m. from January 2001. In support
E-60 All States Judicial Service Examination - Unsolved Mains Paper
he has filed the rent receipts of December 2000 and January 2001 (EX-01 & 02).
In the month of January 2010, Plaintiff came in the disputed house and demanded
enhanced Rent to the tune of Rs. 500 p.m. Defendant agreed to pay Rs. 300 p.m, but
plaintiff was adamant on his demand and refused to accept Rs. 300. At the time of
this discussion, defendant's father-in-law 'M' (DW-2) was present. He also tried to
convince the plaintiff.
14. Defendant in his support examined his father-in-law 'M' (OW-2). In cross examination
he was unable to explain his presence in the disputed house at the time when plaintiff
demanded enhanced rent.
Plaintiff's Argument
15. Plaintiff argued that from the sanctioned map of Nagar Nigam, it is proved that
only four small rooms are in his possession, but the same is insufficient, looking to
his requirement. The Defendant has taken the false plea that the plaintiff came and
demanded enhanced rent and that the Defendant was unable to produce any reliable
evidence to this effect. Therefore he is entitled for a decree under section 12(1)(e)
with the arrears of rent.
Defendant's Argument
16. Defendant argued that plaintiff has not pleaded that whenever his parents come and
reside with him, he is in short of space. This evidence cannot be looked into without
the pleadings. Plaintiff has deliberately suppressed the material fact in pleading that
initially the rent was Rs. 100 p.m. which was subsequently enhanced to Rs. 200
p.m. in January 2001. Defendant has proved the plaintiff does not have any bona
fide need and he just wants to enhance the rent and from January 2010 he refused
to accept the rent @ Rs. 200 p.m. Therefore the suit may be dismissed with costs.
[MPJS 2010)
Q. 91. Write a judgment on the basis of pleadings and evidence given here under after framing
necessary issues and analyzing the evidence, keeping in mind and provisions of relevant
Law/Acts.
PLAINTIFF'S PLEADINGS
Plaintiff' A' filed a suit for eviction against defendant 'C' with the pleadings that the shop
situated at Hazira, Gwalior (M.P.) (hereinafter referred as Suit Shop) was let out to the
defendant@ 200/- p.m. Later on the rent was enhanced twice and lastly the defendant
was paying Rs. 650/- p.m. as rent of the Suit Shop. Initially the defendant himself was
doing business of readymade garments in the suit shop but in the year 2001 after death
of his wife has shifted to Surat (Gujarat) after subletting the suit shop to one 'D'. The
plaintiff has never given any consent for this subletting. The plaintiff wants this shop
for business of his son 'B' who is now jobless.
Defendant admitted the tenancy so also fixation of rent as alleged in the plaint. However
he denied other pleadings of the plaintiff. Defendant has pleaded in the written statement
' Q, 93. 'A' filed a suit for declaration of relationship, eviction and recovery of rent against 'B'
that plaintiff only wants to increase the rent and with this ulterior motive he has filed
this suit. According to defendant it has been written in the rent note that the defendant
can do his garment business either by himself or by his family member. Though the
defendant has shifted and is staying with his elder son at Surat, but he has not parted
with possession of the shop, the same is still in possession and control of 'D', who is
Code of Civil Procedure E-61
nephew of the defendant. Thus there is no breach of rent note and the prevalent law
as well. The rent is being received by the plaintiff regularly. Thus the suit is liable to
be dismissed. According to defendant the enhancement of rent twice itself is sufficient
evidence to presume and hold that the plaintiff has no bonafide requirement.
PLAINTIFF'S EVIDENCE
Plaintiff has produced a rent note and copy of a notice alongwith acknowledgment. He
has also examined himself and three other witnesses alongwith his son 'B' in support of
his case. All the three witnesses have supported the averments of the plaints. In the rent
note (Ex-Pl) it is mentioned that defendant or his family member can do the business in
the suit shop. In cross-examination plaintiff 'A' has admitted that there was a previous
suit for bonafide requirement and the suit was withdrawn following a compromise with
increase in rent. He has also admitted.that rent is regularly being received by him as sent
by the defendant. He has admitted that 'D' is the nephew of defendant but the plaintiff
'A' and his witnesses 'B' & T' denied that 'D' has been residing with the defendant and
there was any such joint Hindu family among them.
DEFENDANT'S EVIDENCE
Defendant has produced some receipts of rent. He has also examined himself and three
other witnesses including 'f)':-Defendant has proved averments made in the written
statement and the contents of the rent note. Witness 'D' has deposed that he is nephew
of 'C', but in cross examination he has admitted that his father and the defendant are
living separately since long. Witnesses 'G' &. 'H' have deposed that there is a joint family
among the defendant and his brothers however in cross-examination they have clarified
that they are deposing so because there has been no partition among them. They have
also admitted that the plaintiffs younger son 'B' is now, jobless because he has left the
job two years back.
Since, the plaintiff has proved the bonafide requirement of the suit shop for his son
and the defendant has admitted that the suit shop is being run by 'D'. Enhancement in
rent can not be a basis to draw any inference against the plaintiff. Thus the plaintiff is
entitled to get the decree on both the grounds.
ARGUMENTS (DEFENDANT)
The plaintiff could not prove the genuine requirement and the defendant has not
breached the condition of rent note. The rent of the shop has been enhanced by plaintiff
twice which negatives the bonafides of the plaintiff. Thus the plaintiff does not deserve
to get a decree. [MPJS 2011)
Q. 92. Write a judgment on the basis of pleadings and evidence given hereunder after framing
issues and analyzing the evidence, keeping in mind the relevant provisions of concerning
Law/ Acts. [MPJS 2012)
with pleading that the suit house situated at Dhar was purchased by him some three
years ago. 'A' is residing in a rental house and he needs bonafidely the suit house for
resident of his family. He has no .other suitable accommodation of his own in the town.
Previously he had also filed a suit against 'B' for eviction on bona-fide requirement but
the same was dismissed being filed within six months of the purchase of suit house
by him. In the previous suit the purchase of suit house by him. In the previous suit
E-62 All States JudiciA/ Service Examination - Unsolved Mains Paper
the defendant has also challenged the relationship hence a decree of declaration of
relationship is also sought as the court has held that tenancy is not proved. (MPJS
20131
Q. 94. PLAINTIFF'S PLEADINGS: Plaintiff 'A' filed a suit against defendants 'B', 'C' & 'D'
for possession with pleadings that the suit land Survey No. 67 /1, area 2.47 acres
situated at Village Veerpura Tashsil and District Rajgarh (MP) belongs to 'A' who is
the bhumiswami of that land. 'B' is the real brother of plaintiff. During 1997-98 'A' had
given the suit land to the defendant for cultivation only for or,P year. In 1999 when 'A'
demanded his possession back the defendant 'B' refused and filed an application under
section 190/110 of MP Land Revenue Code for mutation of the land in his favour.
Initially the plaintiff appeared in the proceeding before Tahsildar that the proceedings
have been closed. The plaintiff later on came to know that the suit land was mutated by
Tahsildar in favour of 'B', 'A' then filed an appeal before S.D.O. which was dismissed on
04.09.2002 being time barred. The plaintiff was thus forced to file the suit for restoration
of possession on the basis of the title. Owing pendency of suit the plaintiff came to
know that 'B' has sold out the suit land of defendant 'C' & 'D' on 15.11.2002 and so
the plaintiff made them the party in the suit and also prayed for a relief of cancellation
of sale deed. [MPJS 2014)
Q. 95. Write a judgment on the basis of pleadings and evidence given here under after framing
necessary issues and analyzing the evidence, keeping in mind the provisions of relevant
Laws/Acts:-
Plaintiffs Pleadings: Plaintiff 'A' filed a suit against defendant 'B' for recovery of
principal amount Rs. 1.60 lac (One Lac Sixty Thousands) and interest @ 02 percent per
month. Plaintiff pleaded that on 03.01.2005 defendant 'B' came to residence of plaintiff
'A' with 'C' and requested for loan to meet out his urgent domestic expenses. 'A', 'C'
and 'D' were neighbours and resided in town 'E'. At the guarantee of 'C' the plaintiff
lent aforesaid loan to the defendant. The defendant executed promissory note at the
residence of plaintiff in the presence of 'C' and 'D'. But according to promise defendant
did not return the borrowed amount despite repeated oral demands. Then plaintiff sent
a show-cause notice by registered post on 30.07.2007 which was received by defendant.
In the response, defendant mentioned in his reply that neither he received any amount
nor executed any promissory note as stated in the notice. After receiving reply, plaintiff
came to conclusion that defendant was not willing to pay the due amount. Then plaintiff
filed Civil suit for recovery of total amount with interest before the court of Civil Judge
Class-Il, situated in town 'E'.
Defendant's Pleadings: The defendant 'B' filed written statement, therein it has been
pleaded that neither he received amount nor executed any promissory note as pleaded
in the plaint. Defendant specifically pleaded that so called 'C' witness of promissory
note entered into the conspiracy with his brother 'F' and prepared a fake promissory
note in collusion with his close relative plaintiff 'A'. This fraudulent exercise had been
done by aforesaid persons with ulterior motive. Because in the year of 2004 a Civil
Suit was filed by the defendant 'B' against the 'F' for permanent injunction which was
decided on 22.10.2009 in favour of present defendant. In that previous Civil Suit 'F'
filed an agreement for sale therein 'C' was cited as witness. This agreement of sale was
declared as forged document in previous Civil Suit. Therefore to take revenge and teach
Code of Civil Procedure
lesson to the defendant all above persons entered into the conspiracy and created forged
promissory note.
Plaintiff's Evidence: Plaintiff produced three witnesses which are plaintiff himself as
PW-1, and witnesses 'C' (PW-2) and 'D' (PW-3). Plaintiff also filed promissory note
{Ex-Pl) notice Ex-P2, Postal receipt with acknowledgement (Ex-P3 and P-4). During the
course of recording of evidence it was found that (Ex-Pl) is not a promissory note but
it was a bond. That's why before taking into consideration in evidence the same was
impounded and after due compliance Ex-Pl was admitted in evidence as a bond. All the
three witnesses stated in their statements that defendant executed Ex-Pl on 03.011005
at the residence of plaintiff and also taken one lac sixty thousands rupees in cash and
also agreed to pay interest @ 02 % p.m.
Defendant's Evidence: Defendant alone appeared as witness as DW-1. He has also
filed certified copies of previous Civil Suit 1-A/2004, Plaint (Ex-Dl), WS (Ex-D2), so
called agreement for sale (Ex-D3) filed by 'F' brother of 'C' {PW-2) and judgment dated
22.10.2009 (Ex-04). Defendant proved all these documents by calling original record of
Civil Suit 1-A/2004. Defendant stated in his evidence that in previous Suit both 'C' PW-2
and his brother 'F' threatened and tried to dispossess defendant from the agricultural
land therefore he had filed a Suit for injunction against 'F', the brother of C (PW-2).
Defendant also deposed that in previous Suit 'F' had produced an agreement for sale
wherein 'C' PW2 was cited as a witness and also presented as a witness in support of his
brother's claim. In previous Suit agreement for sale was declared as fake agreement.
Arguments Plaintiff: On behalf of the plaintiff it has been argued that plaintiff proved
his case by reliable evidence. In previous Civil Suit neither plaintiff nor his witnesses
were party so that judgment of previous suit is not binding upon the plaintiff. It also
contended that plaintiff produced an independent witness 'D' (PW..J) who is neither
relative, nor interested with plaintiff and has no animosity relations with defendant.
Therefore plaintiff's Suit should be decreed.
Arguments Defendant: On behalf of the defendant it has been argued that there was
no introduction or any kind of relation of defendant with the plaintiff. There was no
need to take loan such a huge amount from the plaintiff. Without previous introduction
why plaintiff had given loan to defendant without any mortgage or security? Because
of previous litigation there was no occasion that 'C' PW-2 became the guarantor of
the aforesaid loan. Defendant advocate has drawn attention of this court to compare
admitted signature of Defendant on Ex-Dl plaint of previous suit with disputed signature
as shown on Ex-Pl both are squarely different from each other. He also requested court
to compare signature under Section 73 of Evidence Act. (MPJS 20141
Q. 96. Read the following carefully and write judgement after framing necessary issues:
The plaintiff Ram Naresh Yadav filed a suit for eviction and damages against the
defendant Surjeet Singh on 10.12013. According to plaintiff, he is owner of the suit
house situated at village Silyari, District Raipur and the defendant is his tenant on
a monthly rent of Rs. 500/- (Rs. Five hundred only). However, despite notice under
Section 106 of the Transfer of Property Act dated 7.9.2012, the defendant did not vacate
the suit premises. The defendant, while admitting the factum of tenancy, denied the
plaint averments inter alia on the ground that plaintiff's son Somesh entered into an
agreement to self the suit premises with him for a sale consideration of Rs. 65,0CJJ/- (Rs.
E-64 All States Judicial Service Examination - Unsolved Mains Paper
Sixty five thousand only) on 20.1.2001, out of which he has already paid him Rs. 59,000;.
(Rs. Fifty nine thousand only) on different dates, and alter execution of aforesaid
agreement of sale, now he is in its possession as owner/prospective purchaser and not
as tenant and the suit is liable to be dismissed.
The plaintiff produced and proved Rent Note Ex. Pl dated 20.10.1999, legal notice
Ex. P-2 dated 7.92012 and its acknowledgement Ex. P-3, whereas defendant produced
the agreement of sale Ex. 01 dated 20.1.2001 said to be executed between plaintiff's
son Somesh and him and one diary Ex. 02 showing payments received by Somesh.
Defendant also filed copy of legal notice sent by him through nis lawyer to the plaintiff
claiming the suit premises in his possession in part performance of the contract and
not as a tenant, after execution of agreement of sale. Apart from document evidence
plaintiff examined himself as PW-1 whereas defendant examined himself DW-1 as well
as plaintiff's another son Rakesh as DW-2, in which he has given evidence corroborating
the agreement between defendant and Somesh.
(Note: C.G. Accommodation Control Act is not applicable on the subject matter of
suit) (CJS 2014)
Q, 97. Settle the issues on the basis of the pleadings given hereunder:-
PLAINTIFF'S PLEADINGS: The plaintiff has filed a suit for eviction and consequential
relief against the defendant under the provisions of M.P. Accommodation Control Act
1961. The grounds are that he is the owner and landlord of the suit accommodation in
which the defendant is his tenant@ Rs. 3000/- per month. He and his family members
reside in a house bearing Municipal House No. 20, Sanjeevani Nagar, Jabalpur. The
House consists of four small rooms measuring 10 feet x 12 feet in addition to a small
kitchen and a living room cum dining room. His family comprises his wife, two sons
aged 24 & 20 years and one daughter aged 22 years. His children require separate
rooms for their studies. His elder son is marriageable and very soon he will marry him,
then he would require a separate room exclusively for him. In the circumstances, his
present accommodation is insufficient to fulfill his residential requirements. Therefore, he
bonafidely needs the suit accommodation. He has no alternative suitable accommodation
of his ownership in Jabalpur city. The defendant has purchased a flat in a posh colony
of the city in which he and his family members has been residing for a year. Ever since,
the defendant has locked the suit accommodation.
WRIITEN SfATEMENT: The defendant has admitted that he is the tenant of the
plaintiff in the suit accommodation@ Rs. 3000/- per month. However, he has denied
all the remaining averments made by the plaintiff in the plaint. He has pleaded that the
plaintiff's present accommodation consists of 6 big rooms in addition to a kitchen and
a living room cum dining room. The plaintiff's eldest son has recently completed his
graduation in the engineering stream and he is already got a job in the campus-selection
in a company based at Bangaluru. Therefore, after his joining the job his requirement
for a separate room will come to an end. His wife has purchased a flat with her own
income in her name in which their married son and his family reside. They occasionally
stay with them. He and his four family members still reside in the suit accommodation.
The plaintiff also possesses a house of his ownership in the city which is suitable for his
present residential needs. In fact, the plaintiff want to let out the suit accommodation
on higher rent after getting him evicted. For this reason, he has filed the suit on false
averments. Therefore, the suit be dismissed with compensatory cost. [MPJS 2015)
Code of Civil Procedure
Q. 98. Write a judgment on the basis of pleadings and evidence given here under after framing
necessary issues and analyzing the evidence, keeping in mind the provisions of relevant
Laws/ Acts:-
Plaintiff' s Pleadings: 1. Plaintiff Om Pal Singh, instituted a suit for recovery of Rs. 54,450 /-
against the defendant on the basis of a promissory note dated 6th May, 1982. It was
averred in the plaint that the defendant being in need of money requested the plaintiff
in the month of April, 1982 to give him a loan of Rs. 40,000/-. The plaintiff agreed and
gave him a loan of Rs. 40,000/- on 6th May, 1982. After receiving the said amount in
cash, the defendant executed a promissory note on the same day with a stipulation to
repay the same on demand along with interest at the rate of 12% p.a. However, the
defendant failed to repay the amount despite several oral demands. A registered notice
dated 15th April, 1985 was sent by the plaintiff to the defendant demanding repayment
of the said amount, Despite receipt of the said notice, the defendant did not return the
amount. Therefore, the plaintiff filed the suit for recovery of the aforesaid amount along
with interest at the rate of 12% p.a,
Defendant's Pleadings: 2. The defendant in the written statement has denied that he had
ever borrowed a sum of Rs. 40,000/- from the plaintiff and executed any promissory
note on 6th May, 1982. It was alleged by him that the promissory note is a forged
document. It was also alleged by him that the suit is filed by the plaintiff in collusion
with his brother Netra Pal Singh, who is an attesting witness to the promissory note.
Plaintiff's Evidence: 3. In support of the case, plaintiff Om Pal Singh examined himself
as PW-1 and also examined two witnesses, namely, his brother Netra Pal Singh, PW-2
and Malkhan Singh, as PW-3.
4. P.W. 1 Om Pal Singh, the plaintiff, stated that the defendant took a loan of Rs.
40,000/- on interest at the rate of 12$ per annum from him on 6th May, 1982 in the
presence of his brother Netra Pal Singh, Gurvinder Singh and Malkhan Singh executing
the promissory note Ex. Pl. He also stated that the defendant signed the promissory
note at points A and B. Malkhan Singh signed at point C and Neira Pal Singh at point
D.
5. In his cross-examination he denied the suggestion that no loan was advanced to the
defendant and that he had forged the promissory note. He denied the suggestion that
Malkhan Singh was not present at that time. He stated that he had sold his vehicle
HRP-2128 at the relevant time, and, therefore, he had the money with him. He admitted
that his brother had also advanced a loan to the defendant.
6. Netra Pal Singh P.W. 2 stated that Om Pal Singh, the plai 11iff, advanced a loan of
Rs. 40,000/- on interest at the rate of 12% per annum to the defendantin his presence
and that of Malkhan Singh whereupon the defendant executed the promissory note Ex.
Pl. He also stated that the plaintiffs had sold his vehicle for Rs. 1,80,000/- and he paid
the loan amount out of the amount.
7. In cross-examination, P.W. 2 admitted that the suit which he had filed against the
defendant was dismissed by the Court of Additional District Judge and that as against
the said judgment he filed an appeal which is pending in the High Court.
8. Malkhan Singh P.W. 3 deposed that he knows the plaintiff and the defendant, that
he borrowed Rs. 40,000/- from the plaintiff on 6th May, 1982 and that at that time he,
the plaintiff, Netra Pal Singh and others were present. According to him, the defendant
E-66 All States Judicial Service Examination - Unsolved Mains Paper
himself brought the typed promissory note and Om Pal Singh gave Rs. 40,000/- to him
whereupon the defendant executed the promissory note Ex. Pl. He had also proved
signature of him and those of the defendant and Netra Pal Singh on the promissory
note Ex. Pl.
9. In cross-examination he denied the suggestion that the plaintiff did not pay
Rs. 40,000/- in cash to the defendant. He also denied the suggestion that he was not
present when the promissory note was executed by the defendant.
Defendant's Evidence: 10. The defendant examined himself as DWl and closed his
evidence. He denied having executed any promissory note on the said date. He also
denied his signature at points A and B on the promissory note and asserted that those
were not his signatures. He admitted his signatures on the vakalatnama executed by
him in favour of his Advocate. He also stated that except signing at point PA on the
vakalatnama, he had not signed any other document. He further stated that he had
not even signed the written statement at point PB. He also denied his signature on the
application moved by him under Section 151 of the Code of Civil Procedure.
Arguments Plaintiff: 11. The counsel appearing for the plaintili contended that execution
of the promissory note dated 6th May, 1982 is duly proved by the plaintiff and his
witnesses. Malkhan Singh P.W. 3, who is an independent witness.
Arguments Defendant: 12. The learned counsel appearing for the defendant contended
that the promissory note was a forged and fabricated document and, therefore, no
reliance should be placed on it. It was also submitted by him that the court is not
competent to compare the signatures given by the defendant in the Court on 13th March,
1991 with disputed signatures allegedly made by the defendant at point AB on the
promissory note Ex. Pl. [MPJS 2015)
Q. 99. (a) Draft a plaint, giving details, in a suit for libel by innuendo.
(b) Draft a written statement in the suit mentioned in question No. (a) above.
(c) Frame issues on the pleadings in question No. (a) and (b) above. [UPJS 1982)
Q. 100. (a} Draft a plaint, giving details, in a suit for false imprisonment by a police officer.
(b) Draft a written statement in the suit mentioned in question No. (a) above.
(c) Frame issues on the pleading in question No. (a) and (b) above. [UPJS 1983)
Q. 101. (a) Draft a plaint, giving details, in suit for the recovery of damages for Malicious
Prosecution.
(b) Draft a written statement in the suit mentioned in question No. (a) above.
(c) Frame issues on the pleadings in question No. (a) and (b) above. [UPJS 1984)
Q. 102.(a) Draft a plaint, giving details, in suit for recovery of damages for injuries caused by
negligent driving of car.
(b) Draft a written statement in the suit mentioned in above.
(c) Frame issues on the pleading aforementioned. [UPJS 1985)
Q. 103. 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?
[UPJS 1985)
Code of Ciuil Procedure E--67
Q. 104,(a) Draft a plaint for recovery of a rear of rent and ejectment of a tenant of ground of
default.
(b) Draft a written statement in the suit mentioned above.
(c) Frame issues on the pleading aforementioned. [UPJS 19861
Q. 105.(a) Draft a plaint either claiming damages for malicious prosecution or for specific
performance of contract.
(b) Draft a written statement in the suit mentioned in above.
(c) Frame issues on the pleading aforementioned. [UPJS 1981)
Q. 106. 'B' agreed with 'A' to sell his house for Rs. 40,000/-. In Pursuance of agreement, which
was registered also, 'A' gave Rs. 35,000/- to B towards price and promised to pay the
balance of 5,000 / - at the time of registration sale-deed. 'B' gave possession of the house to
'A' and assured him that he would execute the sale deed on one pretext or the other.
(a) On .the above facts, draft a plaint on behalf of 'A' claiming specific performance of
contract.
(b) Draft a written statement on behalf of 'B' in reply to the plaint in question No. (a).
(c) On the pleadings in question No. (a) and (b) above frame issues. (UPJS 1991)
Q. 107.(a) Plaintiff 'A' is owner of a house. In one of its portions, defendant 'B' resides. The
defendant has not paid rent for last 10 months. On this very ground, the plaintiff
wants to get his house vacated and also to recover arrears of rent due. On the above
facts draft a plaint on behalf of 'A' for eviction and recovery of the arrears of rent.
(b) Draft a written statement on behalf of 'B' in reply to the above plaint. [UPJS 1992]
Q. 108.(a) On 5th January, 1994, Mohan Lal Kashyap instituted a criminal complaint against
Ghanshyam Das Sharma, who was a shopkeeper. Consequently, Ghanshyam Das
Sharma had to remain in prison and his stop was also closed. After trial the Criminal
Court acquitted Ghanshyam Das Sharma on 5th July, 1994 on the ground that the
criminal complaint of Mohan Lal Kashyap was false and baseless.
Now, Ghanshyam Das Sharma wants to file suit against Mohan Lal Kashyap for
malicious prosecution. In the light of the above mentioned facts draft a plaintiff
Ghanshyam Das Sharma.
(b) Draft a written statement on behalf of the defendant Mohan Lal Kashyap in reply
to the plaint in question No. (a) above. [UPJS 19971
Q. 109. 'B' obtains a house from 'A' on rent and continues to pay monthly rent to 'A'. 'S'
on the ground that the said house has been sold to him by 'A' on 1.1.96 want rent
given to him from 1.1.96. Prepare a plaint on behalf of 'S' and write a short judgement.
[UPJS 1999]
Q. 110. 'A' and 'B' were neighbours. On 5th January 1998. 'B' instituted a criminal complaint
against 'A', who was an employee in the Bank. Consequently 'A' has to remain in
prison. After trial the criminal court acquitted 'A' on 11 February 1999 on the ground
that the criminal complaint of 'B' was false and baseless. Now 'A' wants of file suit
against 'B' for malicious prosecution. Draft a plaint on 'A' and write a short judgment.
[UPJS 2000]
E-68 All States Judicial Service Examination - Unsolved Mains Paper
Q, 111.(a) Plaintiff 'A' is owner of a house. In one of its portions, defendant 'B' resides. The
Defendant has not paid rent for last 10 months. On this very ground the plaintiff
wants to get his house vacated and also to recover arrears of rent due. On the
above facts, draft a plaint on behalf of 'A' for eviction and recovery of arrears of
rent.
(b) Draft a written statement on behalf of 'B' in reply to the above plaint. [UPJS 2003)
Q. 112.(a) Arvind S/o Sri Mukund r/o Banda was married to Sushila D/o Sri Dinesh r/o
Kanpur on April 20, 1995 at Doliganj Kanpur. Even after six year of marriage Sushila
could not give birth to any child, the relation of Sushila and Arvind did not remain
happy for this reason. Mukund and his wife also did not like Sushila for this reason:
They misbehaved her. In 2000 Arvind and his parents sent Sushila to her parent's
house. During these five years Arvind gave no maintenance to Sushila. Arvind and
his parents did not return her personal property also, such as necklace and bangles.
Sushila wants to obtain decree of dissolution of marriage.
Draft a plaint for dissolution of marriage in the above case on behalf of Sushila.
(b) In reply to the plaint draft a written statement on behalf of defendant Arvind.
(UPJS 2006)
Q. 113. (a) On July 18, 2005 Radhey Shyam Gupta had instituted a criminal complaint against
Sanjay Agarwal, who was a businessman. Consequently, Sanjay Agarwal had to
remain in jail and his business was affected. On December 12, 2005 trial court
acquitted Sanjay Agarwal on the ground that the complaint against him was false
and baseless. Sanjay Agarwal wants to file a suit for malicious prosecution against
Radhey Shyam Gupta. In the light of the fact stated above draft a plaint for Sanjay
Agarwal
(b) Draft a written statement on behalf of Radhey Shyam Gupta in Response to the plaint
in question (a). . [UPJS 2012)
Q, 114.(a) The ancestral house in which Hariom resides has one window each in west sides
in rooms of the first floor and the second floor through which air and light ingress
in the house. In April 2013 Mahesh Kumar purchased the plot which lay on the
western side of Hariom's house and so constructed his new house that he erected a
wall in front of the aforesaid two windows, due to which the ingress and egress of
air and light through these windows was totally stopped. Hariom suffered not only
the physical comfort and pleasure of his living due to the aforesaid act of Mahesh
Kumar, but the value of his property was also decreased.
Draft a plaint on behalf of Hariom on the basis of the aforesaid facts claiming all
types of reliefs whether primary or in the alternative, which could be claimed against
Mahesh Kumar, in this matter.
(b) Draft a written statement on behalf of Mahesh Kumar in reply to the aforesaid
plaint, in which all the defences possible in reference to the aforesaid allegations be
taken. [UPJS 2013)
Q. 115. Distinguish between the discretionary; inherent and amending powers of court under
the Code of Civil Procedure. Illustrate. [UPJS 2013)
Code of Civil Procedure E-69
Q. 116. On 04.07.2000 Radhey Shyam entered into an agreement with Ram Kumar for purchase
of a piece of land of 5 acres at Rs. 26,000 per acre i.e., for a total consideration of Rs.
1,30,000. On that day itself, Rad hey Shyam had paid Rs. 20,000 to Ram Kumar towards
advance with a specific understanding to pay the entire balance of sale consideration
within four months and obtain a regular registered sale deed for the land in his name..
Radhey Shyam paid the balance of sale consideration on 28.08.2001 and the possession
of the land was delivered to him. Thereafter, Ram Kumar executed a possessory sale
agreement dated 28.08.2001 in favour of Radhey Shyam confirming his possession over
the said land. On 04.01.2014 the Murti Bank had got issued a legal notice to Radhey
Shyam stating that the said land was under equitable mortgage with Murti bank. Then
Radhey Shyam got issued a reply notice setting out his right, title and interest and
also possession over the said land and also making an accusation that Ram Kumar had
cheated him by suppressing the mortgage in respect of the said land with the Murti
bank.
Draft a plaint on behalf of Radhey Shyam on the basis of aforesaid facts claiming all
types of reliefs whether primary or alternative, which could be claimed against the
defendants, in this matter. [UPJS 2015)
Q. 117.(a) On 5th January, 2010, Mohan Lal Yadav instituted a criminal complaint against
Ghanashyam Narayan Singh who was a shopkeeper. As a result of this, Ghanashyam
Narayan Singh had to go to jail and his shop was closed. After trial on 5th July, 2011
Ghanashyam Narayan Singh was acquitted by the criminal court on the grounds
of false and baseless allegations levelled by Mohan Lal Yadav. Now Ghanashyam
Narayan Singh wants to sue Mohan Lal Yadav on the grounds of malicious
prosecution.
Write a plaint for Ghanashyam Narayan Singh based upon aforesaid facts.
(b) Prepare draft of a written statement for the defendant Mohan Lal Yadav on the
basis of facts in Question No. (a). (UPJS 2016)
Q. 118.(a) Draft a plaint in a suit in which a demand bas been made by the landlord against a
tenant for arrears of rent in respect of residential house and for the tenant's ejectment
therefrom on the ground that the tenancy which was from month to month has been
terminated by a notice for ejectment given by the landlord.
(b) Draft a written statement in reply to the suit mentioned in question No. (a).
(c) Frame issues on the aforesaid pleadings in question No. (a) and (b). [UPJS 1988)
Caveat (S. 148A)
Q. 1. When can a person lodge a caveat in the court? What is the purpose of lodging a
caveat? [RJS 1988)
Q.2. Explain in brief:
Caveat [MPJS 19981
Various stages in civil suit
Q. 1. Distinguish between the following terms:
Attachment and Precept [MPJS 20091
E-70 All States Judicial Service Examination - Unsolved Mains Paper Code of Civil Procedure E-71

Parties to suit, jointer of parties and Q. 13. Write short note on Proper Party & Necessary Party. [MPJS 2015]
representative suit (Order I) Q. 14, What do you understand by a representative suit? By whom and under what
circumstances can such suit be brought? IUPJS 1983)
Q.1. Write short note on Misjoinder of parties. [B&JJS 1975, RJS 1988)
Q.15. 'A', who was a treasurer of an association, misappropriates the funds of the association.
Q. 2. Write note on Necessary and Proper Parties. [B&JJS 1984)
By a resolution of the association 'B', a member, was authorised to recover the
Q.3. While narrating the suitable provisions of the law, discuss the effect of the following: amount misappropriated. Can 'B' successfully sue 'A'? Give reasons for your answer.
Where a necessary person is not made a party to the suit? UJS 2014) (UPJS 1983)
Q.4. What do you understand by a representative suit? By whom and under what Q. 16. 'A', 'B' and 'C', three persons were chosen by a community to represent them in a suit
circumstances can such a suit be brought? [HJS 1984) against 'K', but 'X', 'Y', and 'Z' other members of the same community supported the
Q. s. What is a representative suit? By whom and under what circumstances can such a suit defendant 'K'. Does affect the representative character of the suit?
be filed? [HJS 2000) Give reasons for your answer. (UPJS 1983)
Q.6. 'A' agrees to sell and deliver to 'B' 500 Kgs, of sugar at the rate of Rs. 50 per kg. on Q.17. Explain the illustrate the rules relating to joinder of plaintiffs and defendants in a civil
date 'X'. On the same day he agrees to sell and deliver to 'C' a like quantity of sugar suit. (UPJS 1983)
at the same rate on the same date. Can 'B' & 'C' join together as plaintiffs in one suit Q. 18. 'A' publishes a series of books under the title 'The Oxford and Cambridge Publications'
against 'A' and if not, then why not? (HJS 2011) so as to induce the belief that the books are publications of the Oxford and the Cambridge
Q, 7. What do you understand by?- Universities or either of them. The two Universities join as plaintiffs in one suit to
(a) multifariousness restrain. A from using the title. Discuss with reasons whether both the Universities can
(b) misjoinder of parties
~~~~m~ ~s~
Q.19. 'A' and 'B' were assaulted by 'C' at an interview in 'C's house. 'A' and 'B' jointly sue
(c) misjoinder of causes of action
'C' for damages for assault. ls the suit bad for mis-joinder of plaintiffs?
What should the court do in such cases?
Give reasons for your answer. [UPJS 1983)
A Plaintiff brings a suit on the basis of several causes of action against the defendant.
Q. 20. What is representative suit? By whom and under what circumstances can such a suit
What should the court do in such a case? [RJS 1969]
be filed? [UPJS 1985]
Q. 8. What remedies are available in the following case?-
Q. 21. (a) Explain and illustrate the rule relating to joinder of plaintiffs and defendants in a
To the plaintiff when there are numerous persons having the same interest in the subject civil suit.
matter of the suit. [RJS 1974]
(b) 'A' publishes a series of books under the title. The Oxford and Cambridge publications
Q. 9. What do you understand by a suit of representative character?' [RJS 1999] so as to induce that belief that the books are publications of the Oxford and the
Q.10. What are the elements of a "representative suit" under the Code of Civil Procedure, Cambridge Universities or either of them. Both Universities join as plaintiffs in
1908? [RJS 2014) one suit of restrain 'A' from using the title. Discuss with reasons whether both the
Q.11. 'A' owned some land, which 'B' was cultivating as a tenant. 'A' had four sons 'C', 'D', Universities can jointly sue 'A' or not.
'E' and 'F'. After 'A's death, the land was sold by 'C', 'D', 'E' and 'G' son of the pre- (c) 'A', 'B' and 'C' three persons were chosen by a community to represent them in a
deceased son 'F' to 'H' vide registered sale deed dated 12.02.1968. 'H' filed a suit for suit against 'K', but 'X', 'Y' and 'Z' other members of the same community supported
recovery of possession against 'B'. 'B' contested the suit on the ground inter alia that the defendant 'K'. Does it-affect the representative character of the suit? Give reasons
there are other co-owners of the property and since all the co-owner have not joined for your answer. [UPJS 2000)
in filing the suit, the suit is bad for non-joinder of necessary parties. In the written Q. 22. Explain and illustrate the rules relating to joincler of plaintiffs and defendants in civil
statement, he also gave the pedigree table of A but did not lead any evidence in this suit. [UPJS 2012]
regard. The revenue record also did not show that there was any evidence in this regard.
The revenue record also did not show that there was any other legal heir of A except Frame of suit (Order II)
'C', 'D', 'E' and 'G' at the time of sale. So 'H' contended that he is the sole owner and Q. 1. While narrating the suitable provisions of the law, discuss the effect of the following;
suit is not bad for non-joinder of other co-owner. Decide the question of non-joinder of
Where all the reliefs have not been claimed in one suit? UJS 2014]
parties by a reasoned order. [DJS 1996]
Q. 2. A Plaintiff who is entitled to sue for possession and damages files a suit for possession
Q.12. What do you understand by 'necessary party' and 'proper party'? Whether a suit shall only. The suit is decreed. Can he file a suit for recovery of damages? Give reasons for
be defeated by the reason of mis-joinder or non-joinder of parties? [MPJS 2011) your answer. [HJS 1998]
E-72 All States Judicial Service Exami111Jtion - Unsolved Mains Paper
Q. 3. Does a fresh suit lie in respect of the same cause of action in the following case:
Where plaintiff has failed to sue for the entire claim in the previous suit.
[HJS 2009]
Q. 4. What causes of action can be joined without the leave of the court, to a suit for recovery
of immovable property? [HJS 2011)
Q. 5. Discuss why every suit shall as far as possible, be framed so as to afford ground for
final decision upon the subjects in dispute. What is the penalty for non-compliance of the
above rule? What is the effect if the plaintiff omits to sue in respect of, or intentionally
relinquishes, any portion of the claim? [RJS 1977)
Q. 6. Explain the rule that plaintiff is not entitled to relinquish part of his claim. [RJS 1986)
Q. 7. ls the second suit barred in the following? Give reasons:
(a) First suit was for mesne profits, second suit is for possession.
(b) A is the Landlord of B. B had not paid rent for 1961, 1962 & 1963. A first files a
Suit for rent for 1961. This is decreed. He filed a second suit for 1962 and 1963.
[DJS 1980)
Q. 8. The defendant has been residing as a tenant in the house of the plaintiff at a monthly
rent of Rs. 2500/-. He is in arrears of rent and has not paid any rent to the plaintiff-
landlord since 1.1.1979. The plaintiff had filed one suit for recovery of arrears of rent
for the period from 1.1.1979 to 31.12.1980 on 12.1.1982 and had filed another suit for
the recovery of the arrears for the period from 1.1.1981 to 31.1.1982 on 18.2.1982. The
defendant has contested the second suit on the ground that the plaintiff not having
claimed the entire amount in the first suit, the second suit is barred. Decide giving
reasons. [DJS 1982)
Q, 9. 'A' retired on his attaining the age of superannuation. Disputes arose as to fixation of
his pension. He filed a suit for declaration that he was entitled to pension at a higher
rate. Arrears of pension upto the date of the suit at higher rate were not claimed. Decree
for declaration was passed by the court. Subsequently he filed a suit for the arrears of
pension upon the date, when the suit for declaration was filed. Decide:-
(i) If the suit is barred under Order 2, Rule 2 of the Civil Procedure Code.
(ii) Will the suit for the recovery of arrears for the period after the degree for declaration
be also barred under the same provision. [DJS 1984)
Q. 10. Bank filed a suit for money decree against the partnership firm, A and its four partners,
B, C, D and E. Trial Court passed a decree against the firm A and two of its partners,
B and C and dismissed the suit against remaining partners. Only Bank went in appeal
challenging the decision of the trial Court so far as it dismissed the claim as against
partners D and E hut did not implead firm A and partners B and C, as parties to the
appeal. The question is whether A, B and C were necessary parties and in their absence
the appeal is not maintainable? Give decision and reason for it. [DJS 1991]
Q, 11. 'A' let out his residential house in Delhi to 'B' vide registered lease deed dated 15.3.1992.
This lease was for a period of three years commencing from 1.3.1992 and ending on
28.2,1995. Monthly rent fixed was Rs. 20,000/-. After the expiry of lease period, no
new lease was executed. It was orally agreed between the parties that there would
be extension of tenancy by a further period of three years on enhancement of rent by
Code of Civil Procedure E-73
15%. 'B' started paying the rent at enhanced rate w.e.f. 1.3.1995, which 'A' accepted till
November 1995. Thereafter, vide legal notice dated 4.12.1995 served upon 'B' under
Section 106 of the Transfer of Property Act, 'A' terminated the tenancy w.e.f. 31.1.1996
and called upon 'B' to handover possession by the said date. As 'B' did not handover the
possession,' A' filed a suit for possession in the District Court. Decree for possession was
passed by the trial court vide judgment and decree dated 12.12.2002 holding that after
the termination of tenancy by legal notice, the tenant was in unlawful possession. After
this decree, 'Al filed another suit claiming mesne profits on 19.1.2003 w.eJ. 20,1.2000
and also for future period, till the possession is handed over. 'B' took the plea that suit
was barred under Order II, Rule 2 of the Code of Civil Procedure, 1908,
Whether this plea of B is sustainable in law? [DJS 2007)
Q,12. Bis a tenant of A in a premises governed by Rent Control Act whereunder notwithstanding
a contract to the contrary B can be evicted from the premises only on a ground provided
under the Rent Act. A in or about January, 2008 institutes a petition for eviction against B
on the ground of misuse of the tenancy premises by A. A thereafter in or about August,
2008, while the earlier petition for eviction is still pending, institutes another petition for
eviction against B on the ground of B having sub-let a portion of the tenancy premises
in 2006 to C. B in defence of the second petition states that the same is barred by Order
2, Rule 2 and/ or the proceedings therein are liable to be stayed under Section 10 of the
CPC?
Decide the said plea of B. (DJS 2008)
Q.13. A died leaving his widow and a son as his only legal heirs. A was the owner of a house
the ground floor whereof was commercial and occupied by various tenants and one
portion of the ground floor was in use of the son for his business. The widow and the
son were residing on the upper floor. The widow filed a suit against her son claiming
that upon the demise of A, under his Will she had become the absolute owner of the
house; that the son was merely licensee in a portion of the ground floor and which
licence came to an end on the demise of A; that the son had however failed to vacate the
said portion of the ground floor. The widow sought a decree for injunction restraining
the son from selling, transferring or parting with possession of the portion of the ground
floor in his occupation. The son after some contest gave a statement stating that he will
not sell, transfer or part with possession of the said portion of the ground floor and
the suit was disposed off. On the demise of the widow, her brother filed a second suit
against the son claiming that the widow under her Will bequeathed the house to him
and claiming possession not only of the portion of the ground floor in which the son
was had been running a shop but also of the upper floor. The defendant contended that
the suit was barred under Order 2 Rule 2 of the CPC.
Decide the said objection. [DJS 2010)
Q.14. Under which other provisions of the Code of Civil Procedure besides Section 11, a second
suit has been barred? Discuss briefly. (UPJS 2013}
Recognized agents and pleaders (Order 111)
Q. 1. Write short note on recognised agents and pleaders. (RJS 1975} 1
E-74 All States JudiciAI Service Examination - Unsolved Mains Paper
Pleadings generally, amendments of pleading (Order VI)
Q, 1. Discuss the circumstances under which the amendment of the pleading is allowed by
Court, [B&JJS 1975)
Q. 2. (a) What is the basic principle in deciding amendment application filed by plaintiff? At
which stage such an application can be allowed by the court?
(b) Does the court has power to strike out the pleadings of the parties to a suit. U yes,
then what are the grounds on which such power can be exercised by the court?
(c) What is meant by alternate and inconsisted pleadings? Can the parties to a suit
incorporate both of these pleadings at the same time? (HJS 2015]
Q. 3. What are the circumstances and the stages in which amendment of pleadings of the
parties can be allowed? ls it permissible to allow the plaintiff to introduce by way of
amendment a new case or a new cause of action, when a suit on such new case or cause
of action is barred by limitation? [RJS 1977)
Q. 4. What constitutes pleading? [RJS 1984)
Q. s. On what ground pleading can be allowed to be amended? [RJS 1986)
Q, 6, What do you understand by pleadings? What are its rules? When can pleadings be
amended? What will be the consequences if the party obtaining have to amend, does
not amend his pleadings? [RJS 2011]
Q. 7. A filed a suit for the recovery of rent against B, on the ground that B was his tenant
~ has not paid rent for the past 2 years. In the 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.
[DJS 1989)
Q,8. A entered into agreement with B for carrying out certain work from 04.04.75. Agreement
contained a clause for arbitration in case of dispute. On 03.04.78, A filed civil suit against
B for recovery of some dues etc. On 04.04.78. B filed application under section 20 of the
Arbitration Act, B moved an application for stay in civil suit by A but the application
for stay was dismissed and his appeal against dismissal was also dismissed on 01.08.85.
On 13.03.86, B filed an application under Order VI Rule 17 C.P.C. for amendment of his
pending application under section 20 of the Arbitration Act for converting it into suit for
recovery of amount from A. Application for amendment is opposed on the ground that
it proposes to change nature and character of the suit and that claim of B was barred by
limitation. B contends that his pending application under section 20 of the Arbitration
Act contains all the particulars which should contain in regular suit, difference is only
in regard to relief prayed for, no prejudice will be caused to the opposite party, claim is
not time-barred and prayer can be granted even by resorting to inherent powers under
section 151 C.P.C. Deal with the respective contentions of the parties and pass an order
on that application under Order Vl Rule 17 of Code of Civil Procedure. [DJS 1999)
Q. 9. A in the year 2000 institutes a suit for recovery of Rs. 15 lacs on the basis of three
dishonored cheques of Rs. 5 lacs each, together with future interest against B. While the
evidence of the defendant is being recorded in the year 2005, A applies for amendment
Code of Civil Procedure E-75
of plaint to make the suit for recovery of Rs. 20 lac. A contends that the fourth cheque
for Rs. 5 lacs also given by B and dishonoured remained stuck to one of the other
three cheques filed in court and escaped his attention and came to his knowledge only
while cross examining B. B opposed the application for amendment on the ground
of-(i) same being barred under Order VI Rule 17 as amended by CPC Amendment Act
2002 (ii) the claim sought to be added by amendment being on the date of application,
barred by time; (iii) considering the claim in plaint as originally filed of Rs. 15 lacs with
interest, on the date of application the monies if found due being more than Rs. 20 lacs
and the amendment if allowed will take the claim in suit beyond maximum pecuniary
jurisdiction of that court of Rs. 20 lacs.
Decide the said application. [DJS 2008]
Q. 10. A suit for eviction is'brought by the plaintiff in respect of ground floor of a three storied
building alleging misuser, inter alia, pleading in para 2 of the, plaint as under.
"The defendant is a tenant in respect of the ground floor of the property at monthly
rental of Rupees four thousand per month."
The defendant contests the suit denying the misuse and pleads in para 2 of the written
statement as under:
"The pleading in para 2 of the plaint is admitted to be correct. It is, however, submitted
that the defendant is tenant in respect of other areas of the building as well under
different tenancies".
The case is at the stage of settlement of issues. The defendant files application for
amendment of para 2 of the written statement by substituting the existing pleadings
with the following:
"The pleadings in para 2 of the plaint are not correct and thus denied. It is, however,
admitted that the defendant had been inducted as tenant in respect of the ground floor
at monthly rent of Rupees two thousand only. Subsequently, the portion on first floor
and half of the second floor were added and the rent of the three portions was agreed
to be Rupees four thousand only per month. Thus, there a.re three different portions in
possession and use of the defendant under one tenancy and not different portions under
different tenancies."
The plaintiff contests the application on the argument that the amendment cannot be
allowed since it amounts to withdrawal of admission, and bringing in inconsistent
pleadings, which are not permissible. He also argues that the proviso to Order 6 Rule
17 CPC prohibits such amendment since the defendant has not shown that he could not
have raised the matter earlier despite due diligence.
The defendant presses the application contending that it is only to clarify the earlier
inadvertence and confusion by elaborating the pleadings. He argues that there is no bar
to the application.
Decide the application. [DJS 2014)
Q. 11. State the circumstances in which a party to a suit be refused to amend his pleading.
[UPJS 1991]
Q. U. State the circumstances in which a party to suit be refused permission to amend his
pleading. [UPJS 2000}
 E-76 All States Judicial Service Examination - Unsolved Mains Paper Code of Civil Procedure E-77
Q, 13. What are the fundamental rules of Pleadings? What are the circumstances in which court
Q. to. Explain the difference between following:
can order amendment of pleadings? [UPJS 2003]
Return of plaint and Rejection of plaint (RJS 2015)
Q. 14. "Pleading to state material facts and not evidence". Explain. (UPJS 2012]
Q.11. An order rejecting a plaint under Order VII Rule 11 of CPC is not an adjudication of
Q, 15. What are the fundamental rules of pleadings? What are the circumstances in which court the matter in dispute. Is it a decree? (DJS 2005)
can order amendment of pleadings? (UPJS 2016]
Q. 12. The plaintiff institutes the suit for recovery of Rs. 3 lacs by way of damages for breach of
Q. 16. 'A' entered into an agreement with 'B' for carrying out certain work from 4.4.1973 till contract against the defendant. It is the case of the plaintiff that the defendant had vide
4.4.1975. Agreement contained a clause for arbitration in case of dispute. On 3.4.1978, 'A' a lease deed dated 1st January, 2008 prepared on a stamp paper of Rs. 'fl:J/- let out his
filed civil suit against 'U' for recovery of some dues etc. On 4.4.1978, 'B' filed application property in Delhi to the plaintiff at a rent of Rs. 5000/- and for a period often years; that
under Section 20 of the Arbitration Act. 'B' moved an application for stay in civil suit the defendant however without any reason and in breach of the said lease terminated
filed by 'A' but the application for stay was dismissed and his appeal against dismissal the said lease on 1st January, 2010 only and also instituted a suit for ejectment of the
was also dismissed on 1.8.1985. On 13.3.1986, 'B' filed an application under Order plaintiff. The plaintiff thus claimed damages of Rs. 3 lacs for breach of contract. The
VI Rule 17 CPC for amendment of his pending application under Section 20 of the defendant files an application for rejection of the plaint on the ground that the plaint
Arbitration Act for converting it into suit for recovery of amount from 'A'. Application does not disclose a cause of action.
for amendment is opposed on the ground that it proposes to change the nature and Decide the said application. (DJS 2010)
character of the suit and that claim of 'B' was barred by limitation. 'B' contends that his
Q. 13. Explain in brief:
pending application under Section 20 of the Arbitration Act contains all the particulars
which should contain in regular suit, difference is only in regard to reliefs prayed for, Rejection of Plaint [MPJS 2003)
no prejudice will be caused to the opposite party, claim is not time-barred and prayer Q. 14. Under what circumstances a plaint can be rejectecl by a court. [MPJS 2006)
can be granted even by resorting to inherent powers under Section 151 CPC. Q, 15. Explain the following with reasons:
Deal with the respective contentions of the parties and pass an order on that application (a) Whether an order rejecting a plaint amounts to a decree?
under Order VI Rule 17 of the CPC. (DJS 2007) (b) Whether rejection of plaint precludes the plaintiff presenting a fresh plaint?
Q. 17. Define the following: [MPJS 2006)
Striking out of pleadings. (MPJS 2014) Q, 16. Explain the following with reasons: [MPJS 2006]
Whether rejection of plaint precludes the plaintiff presenting a fresh plaint?
Plaint (Order VII)
Q. 17. Write short note on return of plaint and rejection of plaint. [MPJS 2013)
Q. 1. While narrating the suitable provisions of the law, discuss the effect of the following:
Q. 18. When plaint is liable to be returned? Describe the alternative proceclure which the court
Where plaint is not presented in a proper court? ms 2014] may adopt after such order. Whether an order for the return of the plaint is appealable?
Q. 2. State the circumstances when a plaint can be·rejected? (HJS 2009) Reply by mentioning provisions. [UPJS 2013)
Q.3. In a civil suit, issues were framed and evidence was being recorded. However, on a Written statement, set-off and counter claim (Order VIII)
certain date, defendant's counsel pointed out that prima facie the suit was barred by Q, 1. Write short note on Set off. (RJS 1975, B&JJS 1978, UPJS 1987)
limitation. The Court rejected the plaint without going into the full text of the plaint,
Q, 2. Define Counter Claim. Distinguish between counter claim and set-off. [HJS 2001)
and without hearing the plaintiffs counsel. Whether the said rejection order is legally
correct? Give reasons for your answer. (HJS 2009] Q. 3. The plaintiff delivered one thousand bags of potatoes to the defendant, the cold storage
proprietor on certain conditions for preservation. The defendant did not fu.lfil all those

,
Q.4. Explain the circumstances aJongwith relevant provisions of the Statute as to when the
Civil Court may order a licensed petition- writer to re-write any petition written by conditions and thereby committed breach of contract. The plaintiff filecl a suit for
him? (HJS 2011] damages. The defendant filed counter claim.
Discuss· the effect of the counter claim in the light of statutory provision and decided
Q.5. The rules in relation to rejection of a plaint are based as much on substantive grounds
cases. [HJS 2003]
as on procedural reasons. Elaborate. [HJS 2013)
Q.4. Explain the rules governing denials by the defendant in his written statement.
Q, 6. Write short note on Rejection of Plaint. (RJS 1974, 1986, MPJS 2010)
' [HJS 2006]
Q, 7. What are 'inconsistent' and 'alternative' pleadings? (RJS 19881 Q. 5. What do you understand by set-off? Explain equitable set-off distinguish between legal
Q. 8. What are the valid grounds for rejection of a plaint? [RJS 1988) and equitable set-off. [HJS 2010)
Q. 9. Can a suit be filed beyond limitation? If so, under what circumstances? [RJS 1991) Q, 6. What are the conditions necessary for granting a claim of set-off? [HJS 2013]
E-78 All States Judicial Service Examination - Unsolved Mains Paper
Code of Civil Procedure E-79
Q. 7. 'A' files a suit for recovery of one lac rupees against 'B'. Can 'B' claim a set off against
'A' and 'C' jointly in his written statement? [HJS 2015) Q.18, Distinguish among legal set-off, equitable set-off and counter claim. ~ also how
they are claimed and what are their effects. [UPJS 2006, 20161
Q. 8. Write short explanatory notes on Set-off. [RJS 1970)
Q. 9. What remedies are available to the defendant in a suit for the recovery of money legally Q.19, (i) 'A' sues 'B' on a bill of exchange. 'B' alleges that 'A' has wrongfully neglected to
insure B's goods and is liable to him in compensation which he claims to set-off.
recoverable from the plaintiff. [RJS 1974) Answer with reasons.
Q. 10. What is counter claim? [RJS 1988) (ii) 'A' dies intestate and in debt to 'B'. 'C' takes out administration to 'A's effects and
Q. 11. Decide giving reasons, the objection of A in the following case: 'B' buys part of the effects from 'C'. In a suit for purchase money by 'C' against 'B',
A brings a suit for recovery of Rs. 5000/- against B on the basis of a cheque. B in his the latter wants to set-off the debt. Answer with reasons. [UPJS 2006]
written-statement claim set off Rs. 2000/- as damages for house trespass. A objects that Q. 20. (i) A sues B on bill of exchange. B alleges that A has wrongfully neglected to insure
set off cannot be legally claimed. [DJS 1976] B's goods and is liable to pay him compensation which B claims to set off. Answer
Q. 12. Can a time barred claim be set up as a set off and can a predecree compromise be set the reasons. [UPJ S 2016)
up as a bar to the execution of decree? [DJS 1979) Q. 21. (a) What is set off? Discuss the provisions regarding set off as provided under the Civil
Q. 13. Mohan filed a suit for recovery of money against Sohan. Summons in the said suit Procedure Code and distinguish between legal and equitable set off.
were served upon Sohan on 6.4.2004 for appearance in the Court on 8.7.2004. Sohan did (b) A sues B, on a Bill of Exchange. B alleges that A has wrongfully neglected to insure
not file the written statement within 30 days and on 8.7.2004 he appeared before the B's goods and is liable to him in compensation which he claims to set off. Can the
Court and moved an application for extension of time in filing the written statement amount be set off? Discuss. [HJS 2001)
on the ground that along with the suit documents filed by the Plaintiff were not served
Q. 22, Write short note on equitable set-off. [B&:JSS 1975, 1977]
upon him. The Plaintiff contested the application raising the contention that this was
an afterthought plea as along with the process fee, plaint and documents were filed by Appearance of parties and consequence
the Plaintiff for service of summons upon the Respondent. He also contended that the of no~-appearance (Order IX)
Respondent did not raise non-receipt of the documents any time between 6.4.2004 and
Q. 1, (Discuss the provision of the Civil Procedure Code relating to ex parte proceedings.
8.7.2004 and, therefore, no further time be given to him and decree be passed under
What remedies are available to party whose suit is dismissed under Order IX Rule 8
Order VIII, Rule 10 CPC.
for default of appearance on the date of hearing? [B&JJS 1984]
What would be your decision on the application filed by Sohan for extension of time?
Q,2. Write note on Ex-parte proceeding. (B&JJS 1987, 2006)
[DJS 2007]
Q. 14. The plaintiff instituted a suit for recovery of money from the defendant. The defendant Q, 3. What remedies are available for setting aside ex parte decree? [B&JJS 2000, 2011)
filed a written statement contesting the suit. It is, inter alia, the case of the defendant that Q.4. While narrating the suitable provisions of the law, discuss the effect of the following:
it had sent its proposals to the foreign parent company of the plaintiff and negotiations Where on the date of hearing, the defendant only appears before the court?
were held with and terms settled with the foreign parent company of the plaintiff; that UJS 2014)
the said foreign parent company of the plaintiff however forwarded the proposal to Q, 5. A files a suit against B. On the date of hearing, A remains absent and the suit is dismissed
the plaintiff which accepted the same. The defendant thus averred that the terms and for default. Advise A. [HJS 1984)
conditions of the agreement on the basis whereof monies were claimed by the plaintiff
Q, 6. What should a court do when plaintiff is present and the defendant is absent? What
were different from as claimed by the plaintiff. The defendant after filing of the written
statement filed a counter claim not only against the plaintiff but also against the foreign remedies are available to defendant in such case? When can an ex-parte decree be passed
parent company of the plaintiff. and when it be set-aside? IHJS 2003)
Discuss the maintainability of a counter claim against a non-party to the suit. Q.7. What are the consequences of plaintiffs failure to appear when the defendant is present?
[DJS 2010) What remedy is available to plaintiff? [HJS 2003)
Q. 15. Explain in brief: Q. 8. Does afresh suit lie in respect of the same cause of action in the following case:
Set-off and counter-claim [MPJS 1_998) Where a suit is dismissed for non appearance of plaintiff on a date when defendant is
present in the Court. (HJS 2009)
Q. 16. Whether a defendant can file counter claim against a co-defendant? What procedure
should be adopted by the court in case counter claim against a co-defendant is filed? Q. 9. 'A' files a suit against 'B' for breach of contract by 'B'. The suit is dismissed for default of
(MPJS 2014) appearance. Decide if the decision of the court dismissing the suit qualifies as a Decree?
Give reasons for your answer. [HJS 2013)
Q. 17. What do you understand by "set-off'' and "counter-claim"? What are the difference
between them? [UPJS 1997) Q, 10. What is the difference between a necessary Party and a Proper Party? [HJS 20131
E-80 All States Judicial Service Examination - Unsolved Mains Paper Code of Civil Procedure E-81
Q. 11. State, giving reasons the remedies available to A in the following case-- with an accident while coming to the court and therefore could not appear on the date
An ex parte decree is passed against A. (RJS 1971) of hearing. He also produced documentary proof of his accident and medical treatment.
Decide. (DJS 2005)
Q. 12. What remedies are available to a plaintiff whose suit is dismissed for default? Discuss
each remedy. Q. 20. Plaintiff could not reach the court on the date fixed, so his suit was dismissed for
What orders a court should pass if the plaintiff absent himself?- default.
(i) On the first date of hearing of the suit. Advise the plaintiff as to the steps he should take. (UPJS 1991)
(ii) On an adjourned date of hearing and Q. 21. What is meant by ex-parte decree? Examine the circumstances where an ex-parte decree
may be set aside. (UPJS 2015)
(a) There is no evidence on record, or
(b) There is some material on record. [RJS 1974] Examination of Parties by the Court (Order X)
Q, 13. Where an application under Order 9, Rule 7 C.P.C. is dismissed and ex parte decision Q. 1. Briefly discuss the provisions of Civil Procedure Code, 1908 regarding examination of
follows, what remedies are open to the defendant? (RJS 1986] parties by the court at the first hearing of the suit. [RJS 2015)
Q. 14. What are the consequences of non-appearance of parties in general in a suit? What are Q. 2. Write Short note on Examination of parties by the civil court. [DJS 2014)
the remedies? (RJS 1994)
Q. 15. Elaborate the provisions under the Civil Procedure Code, 1908, regarding non-appearance Discovery and Inspection (Order XI)
of the parties and consequence of non-appearance. (RJS 2015] Q. l. Write short note on Discovery of document. (B&JJS 1978, RJS 1979)
Q. 16. Plaintiff-objector filed a suit for declaration that he was a tenant in the premises and Q. 2. Write short explanatory note on-
not bound by the decree for possession passed against a third person. The suit was Discoveries. [RJS 1970)
dismissed in default under Order 9, Rules 8 of the Code of Civil Procedure. He filed Q. 3. Write short note on Discovery. (RJS tmJ
an application for restoration, which also failed. Thereafter the said plaintiff/ objector
Q. 4. A tenant's defence against his ejectment was struck off. The landlord claimed an eviction
filed objections in the court where execution application was pending again asserting
decree straight away. The tenant asserted right to participate in the proceedings, cross-
that he was a tenant in the premises in his own right as such.
examine the landlord's witnesses, lead evidence in defence and rebuttal, and address
The decree holder took up the preliminary objection that the present objection were arguments. Decide the controversy. Give reasons. [DJS 1990)
barred by the principles of res judicata or in any case under Order IX, Rule 9 of the
Code of Civil Procedure. How will you decide? Give reasons. [DJS 1984) Admissions (Order XII)
Q. 17. B was in occupation of a house belonging to A. In March 1981, A filed a suit for Q, 1. The defendant has been residing as a tenant in the house of the plaintiff and has not paid
possession alleging that B was a trespasser in the house. The suit was contended by any rent to him since 1.1.1980. The plaintiff had filed a suit for recovery of the arrears
B, who pleaded that he had become the owner of the house, by adverse possession. due till 31.8.1981, on 5.4.1981. The defendant is contesting the suit only on the ground
The suit was fixed for hearing on 15th July, 1981, on which date A was unable to that the rate of rent is Rs. 200/- per month and not Rs. 300/- per month as claimed in
attend the Court, but B appeared in Court. The suit was dismissed in default. suit. The plaintiff has prayed that the court may pass a decree for the admitted amount
On 10th December 1981, B died leaving behind a widow C. In January, 1982 A brought immediately and may decide the controversy regarding the rate of rent later on. How
a suit against C alleging that she is in illegal possession of the house and praying that will you decide the matter? Give reasons. (DJS 1982)
a decree for possession be passed against her. Advice C if the suit is barred. Give Q, 2. A filed a suit against Band Con the basis of a promissory note.Bin his written statement
reasons. (DJS 1989) admitted the claim of A. When A appeared as a witness, B wanted permission to cross-
Q. 18. In an eviction proceeding 27.5.1989 was fixed for the evidence of the landlord and examine A. Decide and give reasons. [DJS 19891
2.6.1989 for the evidence of the tenant. On 27.5.1989 neither the tenant nor his counsel Q. 3. Anil (hereinafter "the plaintiff) filed a civil suit for recovery of possession of property,
appeared at hearing. The Court recorded evidence of landlord and passed ex-parte House No. X-100, Village Mehrauli, New Delhi (hereinafter "the suit property")
eviction order. Same day tenant applied for setting aside the ex-parte order alleging comprising two storied structure built over a plot of land admeasuring 220 square yards,
that he was ill and his counsel had forgotten mentioning the case in his diary. He filed and for mesne profits, against Keshav (hereinafter "the defendant") on allegations to
his own affidavit but did not file medical certificate and diary and affidavit of counsel. following effect:
The landlord rebutted his allegation on affidavit. Decide the application. [DJS 1990)
(a) The plaintiff had let out the suit property to the defendant for residential purposes
Q, 19. Defendant in a suit did not appear on the date fixed for recording of evidence. He was at monthly rent of Rupees 25,000/- (twenty five thousand only) excluding electricity
proceeded ex parte and judgement was reserved. Next day, he filed an application under charges vide lease agreement dated 10.101001 for a period of three years commencing
Order IX, Rule 13 of CPC for setting aside the decree, on the ground that he had met the date of execution of lease deed.
E-82 All States Judicial Service Examination - Unsolved Mains Paper
(b) The defendant had carried out substantial structural changes and further had not
complied with the covenants of the lease deed and so the plaintiff had determined the
lease by issuing a notice on 17.11.2004 after elapse of the lease period. The defendant
having served with the notice had failed to send any reply and nor had vacated the
suit property.
The defendant has contested the suit by way of written statement, the relevant pleadings
wherein are as follows:
(a) The execution of the lease deed on 10.10.2001 is not denied but the said document
was entered upon on the asking of the plaintiff whereas the terms were different from
those incorporated in the lease deed. The lease deed was not stamped or registered
as per law.
(b) The property was constructed for commercial use and let out for that purpose only.
The rate of rent at Rupees 25,000/- (twenty five thousand only) represented rent for
commercial use of the premises.
(c) The structural changes to which plaintiff was referring were actually additional
superstructure constructed by the defendant at his own cost pursuant to oral
agreement between the parties, as per understanding reached in January 2003.
(d) The notice determining the lease was illegal.
(e) The plaintiff had no locus standi to file the suit for recovery of possession of the
suit property since he had failed to abide by the direction in the order passed by
the Sub-Divisional Magistrate on 17.02.1999 under Delhi Land Reforms Act requiring
him to reconvert the land beneath the suit property for agriculture purposes within
three months as consequence of which the property had vested in Gram Sabha.
The plaintiff now files an application under Order 12 Rule 6 Civil Procedure Code for
decree of the suit, to the extent it prays for recovery of possession, on basis of admissions
of the defendant in the pleadings, claiming that issues raised by the defendant are
irrelevant.
The defendant opposes the application and argues as under:
(a) There is no unequivocal or dear admission of the case of plaintiff in the pleadings
and so decree on admissions cannot be granted, particularly as the defendant has
raised issues which require determination.
(b) The lease deed dated 10.10.2001 being undisputedly an unregistered document
without proper stamp duty being paid thereupon cannot be looked into.
(c) The plaintiff had ceased to be the owner since the property stood vested in Gram
Sabha.
Decide the application. [DJS 2014)
Settlement of Issues (Order XIV)
Q.1. With the help of at least two illustrations of each, explain the distinction between the
following-
Questions of fact and Questions of law. [RJS 1970)
Q. 2. What is a preliminary issue? [RJS 1986)
Q. 3. What is an 'issue'? [RJS 1988)
Code of Civil Procedure H-83
What is the object of framing issues in a civil suit? (RJS 1992)
Q. 4.
Q. 5. What are the kinds of issues? [RJS 2011)
Q. 6. Answer the question.
A files a suit for possession and mesne profits against B. In his written statement, B
claims that value of property subject matter of the suit exceeds the limit of pecuniary
jurisdiction of the court. He files an application to treat the issue of valuation as a
preliminary issue. Decide. [DJS 2005}
Q. 7. A had let out his premises to B. As a term of the said letting B had deposited three
months rent with A by way of security deposit. Nothing was agreed or provided as lo
when the same would be refundable by A to B. B vacated the premises on lst January,
2000. However, A did not refund the security deposit. B on 3rd March, 2004 for the first
time demanded security deposit from A and upon failure of A to pay the same, on 1st
August, 2004 instituted a suit for recovery of the amount of security deposit from A. A
set up a plea that the claim in suit was barred by time and on which plea preliminary
issue was framed. B contended that the security deposit was refundable on demand.
Decide the preliminary issue. [DJS 20081
Q.8. B is a tenant under A in a house. B carries out certain unauthorized additions and
alterations, contrary to terms of letting and in violation of municipal bye-laws in the
tenancy premises in the year 2000. A immediately in the year 2000 itself gives notice to
B to restore the premises to original condition. B refuses to restore the premises and the
unauthorized additions/alterations remain. A in 2005 instituted a suit for mandatory
injunction for directing B to remove the unauthorized additions/ alterations and restore
the premises to original condition. Preliminary issue is framed whether the suit is within
time. A contends that as long as the additions/alterations remain, he has a continuing
cause of action.
Decide the said preliminary issue. [DJS 20081
Q. 9. Plaintiff-Madan Bhai, the son, files a suit for declaration against his mother Smt. Sushila
Bai-defendant, claiming ownership rights in the property 1- Golf Links, New Delhi (suit
property) on the ground that the suit property was actually purchased from the funds
provided by Madan Bhai, though the sale deed is in the name of Smt. Sushila Bai. In an
earlier suit filed by Smt. Meera Devi, the wife of Madan Bhai against Madan Bhai for
right of residence in the suit property, Madan Bhai had filed a written statement stating
that the suit property was of his mother Sushila Devi and therefore the suit property
was not a matrimonial home or a shared household in which Smt, Meera Devi could
claim a right of residence. This earlier suit filed by Smt. Meera Devi was thus dismissed
as the house was held not to be a matrimonial home or a shared household. In Madan
Bhai's suit Smt. Sushila Devi files an application for dismissal of the suit even before
issues are framed by filing a certified copy of the written statement filed by Madan Bhai
in the suit filed by Smt. Meera Devi and which showed that Madan Bhai admitted the
suit property to be owned by Smt. Sushila Bai.
(I) Give your decision on such application including by stating the applicable provision
of Code of Civil Procedure, 1908 (CPC)?
(ii) In your decision deal with the argument urged by Madan Bhai in his reply that the
application of Smt. Sushila Bai cannot be decided unless evidence is led by both the
E-84 All States Judicial Service Examination - Unsolved Mains Paper
parties and that an application for decreeing the suit can only be filed by a plaintiff
and not a defendant. [DJS 2011]
Disposal of the suit at the first hearing (Order XV)
Q. 1. Under what circumstances a court may dispose of a suit at the first hearing?
[UPJS 2013)
Abatement of suits (Order XXII)
Q.1. Write short note on Abatement of suits. [B&JJS 1978, RJS 1979, MPJJ 2011]
Q.2. When does a suit stand abated? What do you understand by complete and partial
abatement? [HJS 1998]
Q. 3. Does a fresh suit lie in respect of the same cause of action in the following case:
When a suit abates on account of death of defendant where legal representatives have
not been brought on record.
[HJS 2009]
Q.4. Describe the procedure for bringing on record the legal representatives in case of the
death of a plaintiff or defendant. What result would ensue if the legal representatives
are not brought on record within limitation? Would it make any difference if there are
more than one defendants and one of them dies? [RJS 1974)
Q. 5. What is meant by abatement of a suit? (RJS 1992]
Q.6. In a land acquisition matter, Reference Court enhanced land value from Rs. 1 lac to
Rs. 17 lacs vide Award dated 12.11.1991. State filed appeal without noticing that the
sole respondent in the Award had died before filing the said appeal. On 22.05.1993,
an application was filed quoting Order 1, Rule 10 C.P.C. for joining names of legal
representatives of the deceased respondent, alleging that Government came to know
of death of the sole respondent only when notice of appeal was returned unserved
stating that he was no more. The application is contested by the proposed L.Rs. on
the ground that Order XXII, Rule 4 is the relevant provision to be invoked and the
application for impleadment of L.Rs. should have been filed within 90 days after death
as per Article 120 of the Limitation Act and one officer of Government. Knew about
factum of death and, therefore, the appeal abates. Contention of Government is that
Order 1, Rule 10 is relevant and there is no specified period of limitation for making
such an application and if at all any application is necessary, the same could be filed
within 3 years under Article 137 of the Limitation Act and in this case, the application
was filed much ahead of that time. Deal with the points raised by the parties and decide
the matter. [DJS 2000)
Q. 8. Answer the question.
B, defendant in a suit did not appear despite service of summons and was proceeded
ex parte. He died during pendency of the suit. Instead of seeking impalement of his
legal representatives, plaintiff files an application seeking exemption from substituting
the legal representatives of B. Decide. [DJS 2005]
Q. 9. A applies for execution of a decree for possession against B. During the pendency of
the said execution, B dies on 10th March, 2008. A applies on 10th September, 2008 for
substitution of legal representatives of B in the execution.
Is the said application within time? Give reasons also. [DJS 2008)
Code of Civil Procedure E-85
Q. 10. A applies for e.xecutio~ of a decree for possession a~t B. During the pendency of
the said execution, B dies on 10th March, 2008. A applies on 10th September, 2008 for
substitution of legal representatives of B in the execution.
Is the said application within time? Give reasons also. (DJS 2010)
Q.11. Answer the following problem with reasons and relevant provisions:
'A' filed a suit for damages on account of defamatory article published in a periodical.
'A' dies during the pendency of suit. Can legal heirs of 'A' continue the suit?
[UPJS 2015)
Withdrawal and Adjustment of Suits (Order XXIII)
Q.l. A party to a suit states in a court that the suit has been compromised. Discuss the
procedure for securing an order recording the compromise and getting decree in
accordance thereof. [RJS 1971)
Q.2.. State the law as laid down in the Code of Civil Procedure relating to the withdrawal of
a suit. Can the plaintiff after withdrawal bring another suit on the same cause of action?
U so, under what circumstances? [RJS 1988)
Q. 3. Plaintiff filed suit against S (widow of his brother) for declaration of title to the suit
property, to put him in possession and for arrears of rent with further mesne profits. Suit
was decreed on 05.09.1983. Three days thereafter, the plaintiff sold the suit properties
to B. That widow filed appeal. During pendency of the appeal B was impleaded as
respondent under Order 22 Rule 10 C.P.C. since the property in suit had been assigned
to him. The plaintiff filed an application for dismissing the suit as not pressed as he
had compromised the dispute with S and wanted the compromise to be recorded. It is
opposed by B contending that he being transferee-pendente-lite was virtually interested
in decree remaining intact. Plaintiff contended the under Order 23 Rule 1 C.P.C., he
has right to compromise suit with S against whom he had filed suit and he cannot be
forced by any of the parties to continue to prosecute the suit. Decide the application of
the plaintiff. (DJS 1999)
Q. 4. The court makes efforts for amicable settlement in a suit. Amicable settlement is arrived
at between the parties, the broad terms whereof are recorded by the court in its order.
The matter is adjourned for filing of an application under Order 23 Rule 3 of the CPC by
the 'parties. However, the defendant does not join in the said application. The plaintiff
applies for decreeing the suit in terms of the compromise recorded in the earlier order
of the court. The defendant opposes.
Decide. [DJS 2010)
Suit by of against firm (Order XXIX)
Q. 1, What is the procedure prescribed for suit by or against a firm? (HJS 2000, UPJS 1983)
Summary Procedure (Order XXXVI I)
Q. 1. A summary suit, as different from a regular suit, is filed for recovery of money. The
suit is filed on the basis of a cheque of Rs 25 lacs which was issued by the plaintiff
in favour of the defendant and which cheque was encashed on presentation. Since the
amount was not paid on the due date by the defendant a suit for recovery of moneys
was filed claiming the principal amount of Rs. 25 lacs and interest @18% p.a. for the
 Code of Civil Procedure E-87
E-86 All States Judicial Service Examination - Unsolved Mains Paper
however A died unexpectedly and whereafter the plaintiff presented the cheque which
pre-suit period as also claiming such interest pendente lite and after passing of the was returned dishonoured with the remark "Withdrawal stopped owing to death". The
decree till realisation. (DJS 2011] plaintiff thus instituted the suit for recovery of the cheque amount against the legal
Q.2. In this suit the defendant did not put in appearance after service and hence the suit was representatives of. A.
decreed for failing to file appearance for an amount of Rs. 25 lacs with pre-suit interest Whether the suit is maintainable under Order 37. (DJS 2010)
and also interest at the same rate pendente lite and future till realisation. (DJS 2011]
Arrest before judgment (Order XXXVIII, Rr. 1-4)
Q.3. The defendant thereafter files an application under Order 9 Rule 13 CPC to set aside
the ex parte decree on the ground that the service was not validly effected inasmuch Q. 1. Under what circumstances can a defendant be arrested before judgement and when can
as he had shifted from the place where the summons were served of the suit. No other such order be given? Explain also the procedure for such arrest. [UPJS 1992)
averment is made in the application for setting aside the ex parte decree except that the Attachment before judgment (Order XXXVIII, Rr. 5-13)
defendant was not served in the suit although on merits the defendant had an excellent
case because he had repaid the amount due to the plaintiff with interest two months Q. 1. Write note on attachment before judgment.
before the summary suit was filed by means of a cheque which was encashed by the [B&JJS 1977, 1984, RJS 1974, 1980, 1981, 1992]
plaintiff. Q. 2. In what circumstances can the property of defendant be attached before Judgement?
(i} A summary suit is filed under which provision of CPC and in such a suit can the [UPJS 1984, 2003, 2012, HJS 20001
court which passed the ex parte decree pass a decree for payment of interest till Q. 3. Under what circumstances may a court order attachment before judgment? [RJS 1988)
realisation? What are the circumstances in which a court can order attachment before judgment?
Q.4.
(ii} Was the suit maintainable as a summary suit or should the suit have been filed only What procedure the court has to follow in effecting attachment before judgment? What
as an ordinary suit? is the effect of attachment before judgment? [MPJS 2013)
(iii) Did the defendant validly invoke the provision of Order 9 Rule 13 CPC and if not, Q. s. Under what circumstances can a defendant's property be attached before judgement?
under which provision, the application would lie, and can the court suo moto treat What will be the procedure for such attachment. [UPJS 1987, 1992)
the application as filed under the correct provision of law, if yes, how? Write note on attachment. [B&:JJS 1987)
Q. 6.
(iv) In addition to pleading the factum of non-service what else had the defendant to
plead in an application to set aside the ex parte decree and under which provision? Temporary Injunction (Order XXXIX, Rr. 1-5)
[DJS 2011) Q.1. Explain the rules governing the grant of temporary injunction. {B&:JJS 2000)
Q.4. Write short note on leave of defend in summary suit. [DJS 2014) Q.2. Distinguish between a temporary injunction and a permanent injunction. Explain the
Q. s. How has the Code of Civil Procedure 1908 defined the summary procedure. circumstances when temporary injunction can be granted. [B&JJS 2000)
[HJS 2011) Q. 3. When a temporary injunction can be issued? [B&:JJS 2006)
Q. 6. What is the procedure in a summary procedure? Which cases are subjected to summary Q, 4. Write note on temporary injunction. [B&JJS 2011, DJS 2014]
procedure? (RJS 1980-81) Q. s. Discuss the powers of the court to grant temporary injunction. (HJS 1999]
Q. 7. What is the procedure prescribed for the institution and disposal of Summary Suits? Q. 6. When can temporary injunction be granted by a Civil Court?
(RJS 1994] [UPJS 1984, HJS 2000, UPJS 2003)
Q, 8. What are the principles governing grant of leave to defend, in a suit filed under Order Q, 7. Discuss the principles and the restrictions regarding the grant of temporary
XXXVII of Code of Civil Procedure? [DJS 2005) injunction. [HJS 2006]
Q, 9. Write short note on the following:- Q, 8. Can the court grant temporary injunction in exercise of its inherent powers in a case?
Summary suit under Order 37 CPC. [DJS 2006) [HJS 20061
Q, 10. What are the principles laid down by the Supreme Court in M/s. Mechalec Engineers Q. 9. Identify the tests to be applied for granting temporary injunction to preserve status quo
& Manufacturers v. M/s. Basic Equipment Corporation, AIR 1977 SC 577, while dealing under the relevant provisions of CPC. [HJS 2007)
with the application for leave to defend in a suit filed by the Plaintiff under Order Q.10. Discuss the circumstances and grounds on which a temporary injunctions can be granted?
XXXVII of the CPC? [DJS 2007)
What are the consequences if such injunction is not complied with? (RJS 1976}
Q.11. The plaintiff instituted a suit for recovery of money under Order 37 of the CPC on the Q.11. What are the conditions upon the fulfilment of which the Court may grant a temporary
basis of a dishonoured cheque. It is the case in the plaint that one A owed monies to the
injunction under Order 39 Rule 1 and Rule 2 of the Code of Civil Procedure? Has the
plaintiff and in payment of the said monies had issued the cheque aforesaid in favour
of the plaintiff; however, the plaintiff did not present the said cheque on request of A;
 All St11t,·~ /uri1t'ial .'<'rt'icc· f.n1mi,111/io11 l/11:;,1/11,·cl Mflins /Jap,•1·
Code of Civil Procedure E-89
ourt anv1 inherent jurisdiction hi injunction in circumst.mccs which ,m• niit co
Vl'red Q. 24. When can a temporary injunction be granted by a civil court? Give details or kinds of
bv Order 39 or Code? Wh,11 is the remedy for obedience of .in order of injunction?
injunctions. IUPJS 20161
IRJS 1977)
Q, 12, What is the criterion to grant temporary injunction by ,1 civil court? (RJS 19921 Interlocutory Orders (Order XXXIX, Rr. 6-10)
Q. 13. On what basis temporary injunction is issued in ,1 suit? Cm ;m injunction be issued Q. I. Whnt do you understand by an 'interlocutory order'? (RJS 1999)
without giving notice of npplicntion lo the opposite party? IRJS 19941 Q. 2. Whnl i~ an interlocutory order? IRJS 20111
Q. 14. What nre the essential ingredients for granting n tcmpor.iry injunction? (RJS 20ll)
Appointment of Receiver (Order XL)
Q. 15. Discuss relevant principles that govern grant of Icmpornry injunction. Whether a
temporary injunction con be granted in the form of mandatory injunction? [DJS 2000) Q.t. When is a Court entitled to appoint a Receiver? (BatJJS 1975)
Q. 16. What nre the principles and considerations for exercising discretion to issue temporary 1· 2. Discuss the provisions of the Code of Civil Procedure regarding appointment or
injunctions during the pcndency of 11 suit. receiver. (HJS 19841
an such an injunction be issued only under Order 39, read with section 94 C.P.C. Q. J. What arc the circumstances under which the Court can appoint a receiver under Order
or also in exercise of inherent powers saved by section t.51 C.P.C. Give reasons. 40 Ruic t of the Code? Can a receiver be appointed in suit for-
(DJS 1973] (i) partition of joint family property?
Q. 17. Plaintiff is cider brother of defendant. When he acquired and constructed property, (ii) dissolution of partnership and rendition of accounts? If not, give reasons.
defendant was 17 years old. PtnintHf permitted defendant to stay on first floor nfttir his (RJS 19771
marriage. Their relations turned sour as defendant obstructed plaintiff, when he wanted Q. 4. Discuss the principles governing the appointment of Receivers. What are their powers
to construct two toilets on ground floor and misc construction on 2nd floor. Plaintiff and duties?
filed suit for possession of first floor, declnrauon and injunction against defendant and
an a collector be appointed as a Receiver? [UPJS 19841
moved an application under Order XXXIX, R. 1 and 2 C.P.C. for ad-interim injunction
for removal of staircase constructed by defendant in front or property without consent
of plaintiff or sanction of M.C.D. It is alleged that there is staircase in the backside,
which is properly sanctioned and is in use; the plaintiff cannot enjoy his property unless
unauthorised construction is removed. Application is opposed on the ground that no
notice for demolition has been received from M.C.D. and apprehension of plaintiff is
without foundation; construction of staircase took pince long time ago: by removing it, the
plaintiff may not receive any particular benefit, but ii would cause great inconvenience
and hardship to defendant. Decide the application giving reasons therefor. IDJS 2000)
Q. 18. What are the guiding principles for the grant of temporary injunctions? [DJS 2008]
Q. 19. A institutes a suit against B for permanent injunction restraining B from demolishing
the boundary wall separating the open areas in front of adjoining houses of A and B.
Vide interim order in the said suit, B is so restrained. While B is travelling abroad, her
husband C demolishes the said wall in violation of order of interim injunction. A files
an application under Order 39 Rule 2A CPC against C.
Whether C is liable under Order 39 Rule 2A of the CPC. [DJS 20081
Q. 20. Define Injunction. Explain the grounds and principles for grant or Temporary
Injunction. (MPJS 20151
Q. 21. Discuss principles and rules granting temporary injunction. (UPJS 1999)
Q. 22. What is temporary Injunction? When should a temporary Injunction be issued?
Discuss. I U PJ S 2003 I
Q. 23. What are the main principles which guide the Court, while dealing with an nppliralion
for temporary injunction? [UPJS 20151