For Mid term 2024 (CE)

1- In the partition suit, the court first issued a preliminary ruling regarding the parties'
shares, and then it issued a final decree based on metes and bounds. The parties to the
decree, who feel wronged, wish to appeal the decision on the grounds that the share
allocation was made without using valid evidence. Examine the rights of aggrieved
parties to a first and second appeal, as well as the appellate court's authority and
jurisdiction with regard to this case in light of Code of Civil Procedure 1908
provisions.
Ans Key - Rights of the Parties to the suit to file first Appeal and Second:

a) Who can made an appeal

b) When appeal can be made: (S 96,100-102)
c) Grounds of Frist Appeal in preliminary decree (S.)
d) Powers of Appellate Court with respect to appeal.(S107 and O.41)
e) Grounds of Second Appeal from Preliminary decree.
f) Bar to challenge Correctness of Preliminary decree in Appeal from final
Decree.
g) Analysis of Case:
h) Conclusion: If the party has preferred appeal from preliminary decree and it
was not allowed, then it can also challenge the its correctness from final
decree in First appeal from it and also in second appeal on the substantial
question of law that valid evidence was not used while granting preliminary
decree. Other Remedies (if any) in case no appeal is preferred from
preliminary decree. Such as Review and Revision are also available.

2- What procedure will be adopted by the parties to the suit or court where a Court in which a
suit has been instituted doubts whether the suit is cognizable by a Court of Small Causes or
is not so cognizable? Discuss with reference to provision of the Code of Civil Procedure.
or

What procedure will be followed by the court when the Court is satisfied that a case
pending before it involves a question as to the validity of any Act, Ordinance or Regulation
or of any provision contained in an Act, Ordinance or Regulation? Discuss procedure
mentioned in Code of Civil Procedure.
Ans. Key- S.113 and O 46-
a) What is reference:
b) Object of Reference:
c) Ground of Reference:
d) Rules Relating to Reference.(O.46)
RECE-I

1- A suit for permanent Injunction was dismissed by the trial court by upholding that it is
barred by the principle of res judicata. Discuss the remedies available to the plaintiff
against such order/decree and powers of the appellate court by referring relevant
provisions of the Civil Procedure Code. (5 Marks)
ANS KEY- S.96 Appeal can be preferred by aggrieved person.
Powers of Appellate Court : Where court from whose decree appeal is preferred has
decided case on a preliminary point without recording finding on other issues and the
Appellate Court reverses the decree so passed, it may send back the case to that trial

Court to decide other issues and determine the case. [Section 107(1)(b) r/w Order 41
Rule 23 & 23A].

2- A suit for eviction of tenant was filed by terminating tenancy serving notice under
section 106 of The TP Act, 1886. The monthly rent of tenancy was 7000/- Rs. The suit is
valued on the One year rent. This suit was cognizable by the Court of Small Causes in
Ahmedabad District. The Small Causes Court of Ahmedabad passed a decree for eviction
of tenant in such suit. Discuss the remedy available to the aggrieved parties from such
decree by referring the relevant provision the Code of Civil Procedures. (5 Marks)
ANS KEY- S.96 Appeal can be preferred by aggrieved person as the valuation of suit is
more than 10000/- Rs.
3- Under what circumstances a decree is transferred for execution to another court?
Discuss the relevant provision of the Code of Civil Procedure with respect to the power
of the transferor and transferee court for execution of the decree. (5 Marks)
ANS KEY- S.39 and O-21 R 5
The court may transfer decree to another court for execution either on the application
of the decree-holder or suo-motu.
Ground of Transfer:
1) The Judgment Debtor actually and voluntarily resides or carries on business or
personally works for gain within the local limits of jurisdiction of another court,
or
2) The Judgment Debtor has no property to satisfy the decree within the
jurisdiction of court which passed the decree; or
3) If the decree directs sale or delivery of immovable property to situated outside
the local limits of court which passed the decree, or
4) Any other ground as the court deems fit.
4- The District court refused to entertain a suit for public nuisance under section 91 of the
Court of Civil Procedure which was filed by the two persons from general public on the
ground that the applicant was not suffered any specific damage. What remedies and
procedures are available to the applicant against such refusal, discuss by referring
provisions of the Code of Civil Procedure. (5 Marks)
ANS KEY- Against this order is appeal can be filed u/s 104.
(ffa) an order under section 91 or section 92 refusing leave to institute a suit of the
nature referred to in section 91 or section 92, as the case may be;]