Moot Court Viva Ques ons &Answers

1) What are the different stages of a suit?

Ans. The different stages of a suit are

➢ Filing of a suit.
➢ Issuing summons.
➢ Filing wri en statement.
➢ Framing of issues.
➢ Produc on of evidence.
➢ Arguments.
➢ Judgment.
➢ Decree.
➢ Appeal. Second Appeal.
➢ Review.
➢ Execu on etc.

2 . What are the suits of civil nature?

Ans. A suit can be of a civil nature if it involves determina on of
Civil rights. Civil rights means the rights and remedies are within the
domain of private law as dis nct from rights related to criminal or
poli cal ma ers and public law.

3. Who are the par es of a suit ?

Ans. The par es to the suit are
1. Plain ff ( s )
2. Defendant (s)
4. What is Jurisdic on?
Ans. Jurisdic on of a court means the extent of authority of a court
to administer jus ce prescribed with reference to the Subject
ma er, Pecuniary value and local limits .

5. Where shall a suit be ins tuted?

Ans. Sec on 15 of CPC provides that any suit shall be ins tuted in the
lowest court competent try it.

6. What is competency?
Ans. Competency refers to jurisdic on that may be Territorial
Subject ma er, pecuniary limits.
7. Can the Judge of lower Pecuniary Jurisdic on entertain the
higher pecuniary Jurisdic on ?
Ans. No the Judge of lower Pecuniary Jurisdic on cannot entertain
the higher pecuniary Jurisdic on

8. Where shall a suit related to immovable property be

ins tuted?
Ans. A Suit related to immovable property shall be
ins tuted in the court within the local limits where the
property is situated.

9. Where shall a suit rela ng to other than immovable property

shall be ins tuted ?
Ans. A suit rela ng to other than immovable property shall be
ins tuted in the court within the local limits of residence of the
defendant or where the cause of ac on arose.
10. When does a wri en statement be presented ?
Ans. The defendant at or before the first hearing or within such me
the court may permit , presents the wri en Statement of his
defence.

11. Who is the party in a suit by or against the Government?

Ans. In a suit by or against the Government the authority to be
named as plain ff or defendant as the case may be or shall be
Union of India in the case of a suit by or against the Central
Government and State of Telangana in the case of a suit by against
State Government.

12. When does a plaint be rejected ?

Ans. The Plaint shall be rejected :
❖ when it does not describe a cause of ac on or
❖ where the relief claimed is under value or
❖where the Plaint is wri en on a paper that is insufficiently
stamped or
❖ where a suit appears to be barred by any law.

13. Can the Court dispose the suit at the first hearing?
Ans. Where at the first hearing of the suit, when it appears that the
par es are not at issue on any ques on of law or ques on of a fact,
the court may dispose off by pronouncing the judgment.
14. When can a court order the witness to a end in person ?
Ans. No person to be ordered to a end in person unless he is a
resident within certain limits i.e.,
1. Within the local limits of the courts ordinary, original
jurisdic on.
2. Without such limits he has to be at a place less than 100 kms. Less than 500kms from the
court if there is railway or public
conveyance for 4/5th of the distance.

15. Where the court can pronounce the judgement?

Ans. The court a er the case has been heard should pronounce the
judgement in the open court.

16. What is a decree?

Ans. Decree is an adjudica on conclusively determining the rights of
the par es with regard to all or any of the ma ers in controversy.

17. What is the difference between decree and Judgement?

Ans. While Decree is an adjudica on conclusively determining the
rights of the par es, Judgement is a statement given by a judge on
the grounds of decree or order.

18. Which comes first decree or order?

Ans. Judgement comes first and decree sheet is drawn on the basis of
a judgement contains all the details of the case and issues that arise
in the case. The decree contains the concluding paragraph of the
judgment.

19. What is the difference between an Order and Decree?

Ans. While the Decree is given in a suit which determines the
Substan ve legal rights of the par es, the Order is given in the
course of proceedings and determines the procedural legal rights of
the par es concerned.

20.What is a Decree?
Ans. The word Decree is derived from the La n term decretum
which is an Order passed by the court having legal force and binding
on the par es.
21. What is preliminary decree?
Ans.A Decree passed on few issues where the court requires me to
decide upon remaining issues which are not considered while
deciding final Decree and appealable.
22. What is final Decree?
Ans. A Decree is said to be final when the adjudica on disposes the
suit completely.

23. Can there be a partly preliminary and partly final decree? Ans.
Some mes a decree may partly preliminary and final .For
example where in a suit for a possession of immovable property
With mesne profits the court
a. decrees possession of property and
b. directs an enquiry into the mesne profits.
In above point ( a ) is a final decree and point (b ) is a preliminary
decree.

24. What are mesne Profits ?

Ans. Mesne Profits of a property means these profits which the
person in wrongful possession of such property actually received or
might with ordinary diligence have received there from together
with interest of such profits, but shall not include profits due to the
improvements made by the person’s wrongful possession.

25. Difference between Decree, Judgement and Order.

Ans. As far as the form is concerned Decree and Order always follow
the Judgement, while Judgement contains the grounds of both
Decree and Order.
As far as execu on is concerned, it is Decree or Order which
is capable of execu on and not the judgement.
26. What is the Hierarchy of Civil Courts?
Ans. The hierarchy of civil courts from the bo om to top is
1. Small cause Courts.
2. Junior Civil Judge Courts (pecuniary jurisdic on up to 20lakhs)
3. Senior Civil Judge Courts (pecuniary jurisdic on 20L to 50 lakhs)
4. District Courts (pecuniary jurisdic on 50 Lakhs and above)
5. High Courts
6. Supreme Court.