Paper I - Civil Procedure Code – Part C

June / July 2018

1. A Entered into an agreement of sale of his property with ‘B’. ‘B’ paid sufficient money
of the total sale consideration and agree to pay the balance amount within one
month. When ‘B’ is ready for payment of the balance and get the property registered.
‘A’ because of the appreciation of the property, refused to execute the sale-deed in
honour of ‘B’. What is the remedy available to the aggrieved party ‘B’ under the
provision of C.P.C?

Ans: B can file a Plaint in the Court with a Prayer to pass on the ownership to
him after receipt of balance money.

2. ‘X’ filed a suit for declaration. However, he has omitted certain facts and committed
certain typographical mistakes in the plaint. Now ‘X’ wants to rectify his pleadings.
What remedy is available to ’X’ under C.P.C 1908.

Ans: If there is any ambiguity or mistakes, the Plaint will be rejected by the Court
for obvious reasons. Once the Plaint is returned, the mistakes can be rectified and
the Plaint can be filed again.
3. What are the properties which are exempted from attachment in an execution
petition, under the provisions of CPC.
Ans: According to Section 60 of CPC, 1908 – the following are exempted
from attachment: 1. Necessary wearing apparel, 2. Cooking Vessels. 3. Beds
and Bedding, 4. Personal ornaments as in accordance with religious usage;
5. Tools of artisans, 6. Books of Accounts. 7. Stipends and gratuity of
Pensioners issued by Govt. etc.
4. “Limitation bars remedy but does not destroy the right” Comment.

Jan / Feb 2017

1. A and B Jointly entered into an agreement of sale of their joint property with “X”. A
and B also received sufficient amount towards advance from X. Subsequently B
died. When X wants the property to get registered in his name, the legal heirs
refused to register the sale deed. What remedy is available to the aggrieved party ‘X”
under CPC.
Ans: Here Plaintiff is X; Defendant 1 is A and Defendant 2 will be legal heirs of
B. The Plaintiff X can file a Plaint praying to pass on the ownership to him
based on the Contract already entered into.

2. A and B purchases adjacent plots bearing Plot No: 250/A and 250 / B, each
admeasuring 500 Sq. yards from a housing society at Hyderabad. A is a military
officer away from Hyderabad for a long period on transfer. Meantime B constructed
the house in plat no: 250/A by mistake in the plot of A instead of 250/B. On
retirement A wants to construct his house but found that B has constructed a double
storied building in his plot 250/A. A wants his land back from B. What suit can A
institute against B under CPC and what relief can A get.
Ans: The Party A can file a suit for Eviction – the land on which the two storied
building is constructed and also claim necessary compensation as applicable.
 Paper I - Civil Procedure Code – Part C
3. X has entered into a registered agreement of development cum-GPA in regard to his
property with Z. The GPA does not empower the GPA Holder to enter int agreement
of development with third party. The GPA Z failed to develop property and expressed
his inability to do so. X has cancelled the GPA by registration. Mean time Z Taking
undue advantage of the GPA has entered on behalf of X an agreement with a reputed
firm Y and Y started the development work. X wants to stop the development work by
Y. What suit can X File to save his property under CPC who are to be made party to
the suit and what other steps should X take?

Ans: X can file a suit, he is the Plaintiff. Z and Y are the defendants. X can seek
Injunction and pray for eviction of Y from the property.

4. A a government servant who was removed from service after departmental enquiry
proceedings, was subsequently reinstated by the other of the court. The department
denied him of his arrears of salary on the ground of limitation. Is “A” entitled for
arrears? if so, what are the exceptions under the limitation act.

May / JUNE 2016

1. A Filed a suit against B for recovery of Rs.5,00,000/- in Junior Ciivl Judge’s

court, based on a negotiable instrument. Is the suit maintainable.
Ans: The Pecuniary Jurisdiction of a JCJ Court is Rs. 3 Lakhs. Hence the
suite is not maintainable in the JCJ Court.

2. X Failed to include a necessary party in the pleadings and what is the effect of
non-joinder of a necessary party in a Civil
Suit.
Ans: According to Order 1 Rule 9 of CPC, 1908, X can include the
necessary party at any time.

3. A Judgement was delivered against X by a lower court and against that he

wants to file a Review Petition in next appellate court. Is it maintainable?
Ans: It is not maintainable. Review should be filed in the same Court.
Only a Revision can be filed in the next Appellate Court.

4. A Plaintiff, who wants to file a suit in the lower court and whose cause of action
is time barred, files a condone relay petition in the same court. Is that petition is
maintainable.
Ans: Yes, the petition is maintainable as long as the Court is in agreement
with the reasons mentioned as to the delay.
Futher; Check concept of Condonation of Delay

December 2015

1. A sues B for compensation on account of breach of contract. B holds a

promissory note for Rs.4,00,000/- from A and claims to set off that amount
against any sum that A May recover in the suit. Is such a plea maintainable?
Ans: According to Order VIII, Rule 6 – the concept of Set-Off – The Plea is
maintainable, the amount can be set-off against what is due.
 Paper I - Civil Procedure Code – Part C

2. A is resident of Delhi. B is resident of Mumbai. A published in Hyderabad

statements defamatory of B. in which plate the suit can be filed.
Ans: According to Sec 19 of CPC, 1908 any wrong committed – a suit
can be filed at either of the places – Here a suit can be filed either at
Delhi or at Mumbai
3. In a civil suit, though the defendant appears the plaintiff does not appear before the
court. What is its consequence?
Ans: If the plaintiff does not appear, the case is dismissed. In situations where
the Plaintiff satisfies the Court that he was not able to appear by virtue of a
said reason and the Court accepts the reason – there is a possibility where the
dismissal can be set aside.
4. X was the owner of immovable property. That property was in possession of Y
from the year 1998. X filed a suit against Y for recovery of that property on the
basis of title in the year 2012. Is it maintainable?

Jan / Feb 2015

1. A contract was signed by A and B at Hyderabad, but A is a resident of Tirupathi and B a

resident of Bangalore. If A wants to file a suit for enforcement of contract where can he file the
suit against B?
Ans: The suit for enforcement of Contract can be filed either at Tirupathi or at
Bangalore. Refer: Sec 19 of CPC, 1908

2. X filed a suit against Y in I Additional District Court at Hyderabad. The date of first hearing was
fixed on 25th November 2012, but Y the defendant was absent in the court even after receiving
the summons. Consequently, the court passed on Ex-parte against Y. Advice Y.
Ans; Define Ex-Parte and mention exceptions available to the defendant.
3. A boy aged 12 Years was bequeathed a certain estate by one of his close relatives
who died. Explain the procedure for authenticating the will and executing it since the
boy is a minor.
Ans: Bequeath means a Will. The boy is a Minor. Minor is the beneficiary. When
there is a Will, the trustee’s name that is mentioned on the Will is authorized to
execute the will till.
4. A lower court passed a decree in a suit on 12-12-2012 but the certified copy of the decree was
taken by the defendant on 30-12-2012. He wants to file an appeal against it. What is the date
from which the limitation period starts? Explain.
Ans: Decree can be taken within 30 days from the date of issue or as prescribed by the
Court of Law. Further, check provisions of Limitation Act, 1963