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Civil Procedure Code: Key Concepts & Questions

The document outlines questions and topics related to the Civil Procedure Code, divided into five units covering principles of civil suits, jurisdiction, execution of decrees, injunctions, and limitation laws. Each unit includes both long-form questions worth 10 marks and short notes or practical questions worth 6 marks, addressing various legal concepts and procedures. Key themes include the doctrine of res judicata, rules of pleading, and the implications of legal disabilities on the limitation period.

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0% found this document useful (0 votes)
15 views3 pages

Civil Procedure Code: Key Concepts & Questions

The document outlines questions and topics related to the Civil Procedure Code, divided into five units covering principles of civil suits, jurisdiction, execution of decrees, injunctions, and limitation laws. Each unit includes both long-form questions worth 10 marks and short notes or practical questions worth 6 marks, addressing various legal concepts and procedures. Key themes include the doctrine of res judicata, rules of pleading, and the implications of legal disabilities on the limitation period.

Uploaded by

snehachengti1598
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd

CIVIL PROCEDURE CODE

10 MARKS QUESTIONS:

UNIT 1
1. Briefly state the principles (provisions) governing the place of suing. (2)
2. Explain the scope and object of res judicata. (2)
[Explain the Doctrine of ‘res judicata’]
3. What is jurisdiction? Explain the different kinds of jurisdictions of the civil court. (3)
4. Define doctrine of res judicata. State the conditions for its applicability. (2)
5. “Every Civil suit must be instituted before a lowest civil court competent to try that suit” – Discuss. (2)
6. Explain the conditions for applicability of doctrine of ‘res subjudice’.
7. Discuss the rules in CPC relating to transfer of suits. (2)

UNIT 2
1. Explain the rules regarding institution of suits.
2. What is written statement? When set off and counter claim be pleaded?
3. Define summons. Explain the modes of service of summons. (3)
4. Briefly explain the different parts of a plaint. (3)
5. Explain mis-joinder and non-joinder of parties in a suit. When would non-joinder of party to be fatal to a
suit?
6. What are ‘costs’? Explain the different types of costs awarded in civil cases.
7. Explain the general rules of pleading.
8. Elucidate the essential contents of a written statement.

UNIT 3
1. What is an ex-parte decree? State the remedies available against it. (2)
2. Explain various modes of execution of decree. (3)
3. Define decree and order. What are the differences between decree and order?
4. Explain the provisions of CPC with regard to attachment of property before judgement.
5. State the procedure to be followed in the event of death or insolvency of either party to the suit.
6. Explain consequences of appearance and non-appearance of parties in a suit.
7. Explain the properties which are not liable for attachement and sale in an execution of a decree.

UNIT 4
1. Define inter-pleader suit. Explain the conditions and procedure relating to an inter-pleader suit.
2. Define temporary injunction. Explain the grounds and principles to grant a temporary injunction. (2)
3. What are the procedures for filing the suits by or against government or public officer?
4. What is a commission? What are the circumstances in which a commission may be appointed?
5. When a commissioner can be appointed by court? What are his powers?
6. Explain the suits by or against the minors.
7. Explain under what circumstances a reference can be made to High court?
8. When can the court appoint a receiver? State the powers and duties of a receiver.
9. State the procedure for instituting a suit by an indigent person.
UNIT 5
1. Limitation extinguishes remedy but not right? Explain.
2. State essentials of valid acknowledgement. (2)
3. Explain the circumstances in which the delay will be condoned under the Limitation Act.
4. “Once the time has began to run; no subsequent disability or inability can stop it” – Discuss. (2)
5. Explain the provisions in respect of condonation of delay. (2)
6. Discuss the provisions relating to institution of suits by persons suffering from legal disability.
7. Discuss the effects of fraud or mistake on the period of limitation.

6 MARKS SHORT NOTES:

UNIT 1
1. Foreign judgement (4)
2. Transfer of cases
3. Substantive and procedural laws
4. Mesne profit
5. Doctrine of res judicata (2)
6. Trasnfer of suits
7. Suit of civil nature
8. Res subjudice

UNIT 2
1. Summons
2. Verification of pleadings
3. Representative suit
4. Set off and counter claim (3)
5. Written statement – defences available to the defendant (2)
6. Fundamental principles of pleadings
7. Joinder of parties (2)
8. Rejection of plaint

UNIT 3
1. Affidavit (2)
2. Admissions (2)
3. Adjournment of case (2)
4. Kinds of issues (2)
5. Exparte decree
6. Execution of decree

UNIT 4
1. Commission
2. Appeal (3)
3. Inter-pleader suit (2)
4. Revision
5. Distinguish between reference and review
6. Arrest before judgment
7. Caveat

UNIT 5
1. Condonation of delay
2. Prescription
3. Effects of fraud on the period of limitation
4. General rules as to calculation of limitation period for filing suit (2)
5. “Limitation extinguishes remedy but not right”. Explain
6. Objects of law of limitations.

6 MARKS PRACTICAL QUESTIONS:

UNIT 1
1. ‘A’ residing in Delhi, beats ‘B’ in Calcutta. ‘B’ wants to file a suit against ‘A’. Where he can sue? Advise
him.
2. ‘A’ residing in Delhi publishes in Calcutta statements of defamation to ‘B’. The newspaper is circulated in
Bombay, Madras and Raipur. ‘B’ wants to file a suit against ‘A’. Where he can sue? Advise him.

UNIT 5
1. Bhargav has taken a loan from Sagar. He has given an acknowledgement to Sagar before the expiry of
limitation stating that “I owe you Rs.50,000/- But I refuse to pay the same”. Examine the validity of
acknowledgement.
2. Srikant want to file a suit against Venkatesh. As the court was closed due to the holiday and that being the
last day of the limitation; he could not file the suit. Srikant seeks extension of limitation period – will he
succeed? (2)

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