CIVIL PROCEDURE CODE

RMLNLU
2021

Section A (03X20)

1. What is a decree? Distinguish between a Decree and an Order. Are the following orders
amount to "decree"?

(A) An order rejecting a memorandum of appeal insufficiently stamped;

(B) Memorandum of appeal which is dismissed as time barred;

(C) An order returning a memorandum of appeal for amendment;

(D) An order that a suit abates.

2. What is return of plaint? If a plaint is returned under O7-R10 & 10A of CPC, for
presenting before a proper court, whether the suit shall proceed de novo or will it continue
from the stage at returning of the plaint?

3. What is a suit of civil nature? Discuss with the help of decided cases that every kind of
dispute is not entertainable by Civil Court. Give few examples.

4. Does the Code of Civil Procedure make any provision preventing Courts of concurrent
jurisdiction from trying at the same time two parallel suits in respect of same cause of action?
Discuss.

5. B residing in Lucknow has an agent at Delhi employed to sell his goods there. A sues B in
Delhi claiming a balance due upon an account in respect of dealing between him and B.
During the pendency of the suit in Delhi B institutes a suit against A in Lucknow for an
account and damages caused by A's alleged negligence. Can the Lucknow Court proceed with
trial of B's suit?

6. Discuss the doctrine of constructive res judicata. 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?

Section B (02X05)
7. What do you understand by non-joinder and mis-joinder of parties and mis-joinder of
causes of action?

8. What do you understand by Representative Suit?

9. State Rules relating to service of summons.

10. What is meant by "Pleadings"? Briefly, state the object and fundamental rules regarding
pleading

2020

(SECTION – A) (03X20)

1. “Where an appeal is matter of right, revision is available only under certain circumstances
and limitations”. Discuss.

2. Though the Code of Civil Procedure, 1908, does not define counter claims, however this is
nothing but reflection of plaint. Do you agree with the statement? Elaborate.

3. Explain the doctrines of constructive res judicata. Distinguish between res judicata and
estoppels.

4. What is a Decree? Do the following orders amount to "decree" within the meaning of
Section 2(2) of Code and why:

(A) An order rejecting a memorandum of appeal insufficiently stamped;

(B) Memorandum of appeal which is dismissed as time barred;

(C) An order returning a memorandum of appeal for amendment;

(D) An order that a suit abates

5. If a plaint is returned under O7-R10 & 10A of CPC, for presenting before a proper court,
whether the suit shall proceed de novo or will it continue from the stage of returning of the
plaint? Discuss in detail.

6. Explain the provisions of CPC which are applied in determining the forum for the
institution of suit relating to immovable property. Discuss with relevant cases and
illustrations. A, who actually and voluntarily resides within the district of Lucknow enters
into a contract, with B for sale of some land situated in Kaaneiypoor. A having refused to
convey the land in accordance with the contract, B brings a suit in Lucknow Court for
specific performance of the contract. Discuss, with reference to the provisions of the Code of
Civil Procedure, whether the Lucknow Court has jurisdiction to entertain the suit.

(SECTION – B) (02X05)

Write short notes on any two of the following:

7. Distinguish between Decree and Order.

8. How pleadings can be directed to be amended after hearing of a case begins?

9. What is Mesne profit?

10. What is a suit of civil nature?

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2019

(SECTION – A) (04X15)

1. Explain the essentials of Summons. What are the different modes of service of summons to
the defendant?

2. ‘B’ appoints ‘A’ as factory representative of his firm for Chennai territory for appointing
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 received by
‘A’ at Chennai. ‘A’ wants to file a suit against ‘B’ for damages and accounts. What is the
proper place of suing in this case? Support your answer with relevant provisions and case
laws.

3. Explain the principles of res judicata between co-defendants. How does res judicata differ
from res subjudice?

4. What are the fundamental principles of pleadings? What are the circumstances in which
court can order amendment of pleadings? State the circumstance in which a party to suit be
refused permission to amend his pleading. Support your answer with relevant provisions.
5. Distinguish between legal set off and equitable set off. A sues B on bill of exchange. B
alleges that A has wrongfully neglected to insure B’s goods and is liable to pay him
compensation which B claims to set off. Answer with reason.

6. A, B, and C three persons were chosen by a community to represent them in a suit against
‘K’. Does it affect the representative character of the suit? Give reasons for your answer.

(SECTION – B) (02X05)

7. Decide whether right to take out religious procession is a civil right?

8. Decide whether right of purdanasheen lady to observe purda is civil right?

9. Distinguish between preliminary and final decree.

10. Reference and revision.

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2018

(SECTION – A) (04X15)

1. "Every suit shall be instituted in court of lowest grade competent to try it", Explain. State
principles which guide a plaintiff in determining the place of filing a suit. Explain the
provisions of CPC which are applied in determining the forum for institution of a suite
relating to immovable property.

2. What do you understand by Set Off. Distinguish between Legal and Equitable set off.

3. What do you understand by the doctrine of "Res Judicata" as given in C.P.C 1908? How
this doctrine is different from the rule contained in Section 10 C.P.C.?

4. Define Summons. What are various modes of affecting service of summons on defendant?
Discuss fully.

5. Who may be joined as Plaintiffs and Defendants? What is the effect of non-joinder of
parties?

6. What do you understand by Reference? On what grounds does a reference lie? What is the
difference between Reference, Review and Revision. Illustrate with examples.

(SECTION – B) (02X05)
7. What is Misjoinder of parties and its effects.

8. What do you mean by 'second appeal'?

9. What is Attachment before judgement?

10. What is Receiver?

2017

(SECTION – A) (04X15)

1. (a) What do you mean by admission, return and rejection of a plaint?

(b) Decide the following with appropriate justification, whether there shall be admission or
return or rejection of plaint by the Court.

i. if the plaint does not disclose the cause of action.

ii. if a plaint is not presented in duplicate.
iii. if a plaint has been presented in the civil court which does not have the
jurisdiction with regards to the subject matter.
iv. if a plaint has been presented in the court in which only two relief are claimed
instead of four claims.
v. if a plaint has been presented in the civil court which is insufficiently stamped.

2. Discuss the principles governing grant of ex parte injunction with the help of decided case
laws. What will be the consequences if,

(a) an injunction is obtained on insufficient grounds by the applicant.

(b) there is breach of an injunction order by the opposite party.

3. Discuss the doctrine of Constructive res-judicata in the light of State of Uttar Pradesh v.
Nawab Hussain, AIR 1977 SC 1680

4. What is Ex Parte Decree? Discuss the remedies available in the Code of Civil Procedure
against Ex parte decree with the help of recent case laws.

5. Describe the various provisions related with procedure in Execution. When can the
executing court grant the order of stay of execution of decree?

6. What do you mean by First Appeal and Second Appeal? Discuss the powers of the
appellate court provided under the Code of Civil Procedure.
Section B

7. Write in short, the importance of section 80 C.P.C

8. Write a short note on caveat.

9. What is the importance of First Hearing of the civil suit?

10. When can the court grant extension of prescribed period of preferring any appeal or
making any application?

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