Unit I: Jurisdiction, Res Judicata, and Fundamental Concepts
This unit focuses on the foundational authority of courts and the finality of litigation.
Essay Type Questions (10 Marks)
● Jurisdiction: Define jurisdiction and explain the different kinds of jurisdictions of
a civil court.
● Res Judicata: Define the doctrine of Res Judicata and state the conditions
required for its applicability.
● Place of Suing: Discuss the provisions and principles governing the "place of
suing" under the C.P.C..
● Res Sub-judice: Explain the conditions for the applicability of the doctrine of Res
Sub-judice (Stay of Suit).
● Stages of a Suit: Define "suit" and describe its different stages.
● Competency of Courts: Discuss the principle that every civil suit must be
instituted in the lowest court competent to try it.
Short Notes/Problems (6 Marks)
● Res Judicata / Res Sub-judice: Briefly explain these doctrines.
● Foreign Judgement: Write a short note on the validity and nature of foreign
judgements.
● Substantive vs. Procedural Laws: Explain the differences between these two
types of law.
● Mesne Profits: Define and explain mesne profits.
● Jurisdiction of Subject Matter: Discuss jurisdiction based on the subject matter
of the suit.
● Problem: Advice 'B' on where to file a suit if 'A' (resident of Delhi) beats 'B' in
Calcutta.
Unit II: Pleadings, Plaint, and Written Statements
This unit covers the formal documents required to initiate and respond to a legal action.
Essay Type Questions (10 Marks)
● Summons: Define summons and explain the various modes of service.
● Pleadings: Explain the fundamental/general rules of pleading and when
amendment of pleadings is permissible.
● Plaint: Define a plaint and explain the circumstances under which a plaint can be
rejected.
● Joinder of Parties: State the provisions relating to the joinder of parties and the
effect of non-joinder of necessary parties.
● Transfer of Suits: Discuss the rules in C.P.C. relating to the transfer of suits.
● Written Statement: Define a written statement and discuss when set-off and
counter-claims can be pleaded.
● Costs: Define 'costs' and explain the different types awarded in civil cases.
Short Notes/Problems (6 Marks)
● Plaint: Briefly explain the different parts/essential components of a plaint.
● Representative Suit: Explain the nature of a representative suit.
● Set-off and Counter-claim: Define and distinguish between set-off and
counter-claims.
● Verification of Pleadings: Write a note on the importance of verifying pleadings.
● Misjoinder/Joinder of Parties: Write a note on the misjoinder or joinder of
parties.
● Civil Nature: What constitutes a suit of "civil nature"?.
Unit III: Decrees, Orders, and Execution
This unit addresses the outcomes of a trial and how those outcomes are enforced.
Essay Type Questions (10 Marks)
● Decree vs. Order: Define both and explain the primary differences between a
decree and an order.
● Execution of Decree: Explain the various modes and methods of executing a
decree.
● Appearance of Parties: Explain the consequences of the appearance and
non-appearance of parties in a suit.
● Issues: Define 'issues' and explain how they are framed by the court.
● Ex-parte Decree: Define an ex-parte decree and state the remedies available
against it.
● Attachment/Sale: Explain properties that are not liable for attachment and sale
during the execution of a decree.
Short Notes/Problems (6 Marks)
● Affidavit: Explain the purpose and nature of an affidavit.
● Admissions: Discuss the role of admissions in civil proceedings.
● Kinds of Issues: Explain the different types of issues that may arise in a suit.
● Adjournment: Write a note on the adjournment of cases.
● Judgement vs. Decree: State the differences between a judgement and a
decree.
● Modes of Execution: List the various modes of execution.
Unit IV: Special Suits and Supplemental Proceedings
This unit covers specific types of litigation and additional court powers.
Essay Type Questions (10 Marks)
● Suits against Government: What are the procedures for filing suits by or
against the government or public officers?.
● Indigent Persons: Explain the procedure for instituting a suit by an indigent
(pauper) person.
● Temporary Injunction: Define temporary injunction and explain the grounds and
principles for granting it.
● Receiver: When can the court appoint a receiver? Explain the powers and duties
of such a person.
● Inter-pleader Suit: Define an inter-pleader suit and explain the conditions and
procedures for it.
● Reference: Under what circumstances can a reference be made to the High
Court?.
Short Notes/Problems (6 Marks)
● Commission: Define a commission and state the circumstances under which
one may be appointed.
● Revision: Explain the concept of 'Revision' in civil law.
● Caveat: Write a note on the purpose and effect of a 'Caveat'.
● Inter-pleader Suit: Briefly describe an inter-pleader suit.
● Inherent Powers: Discuss the inherent powers of the court.
● Appeals: Write a short note on the nature of appeals.
Unit V: The Limitation Act
This unit covers the time limits for filing legal actions and the exceptions to those limits.
Essay Type Questions (10 Marks)
● Condonation of Delay: Explain the circumstances and rules under which delay
in filing may be condoned.
● Continuous Running of Time: "Once time has begun to run; no subsequent
disability or inability can stop it." Discuss this principle.
● Remedy vs. Right: "Limitation extinguishes the remedy, but not the right."
Explain this statement.
● Calculation of Period: State the general rules for calculating the period of
limitation for filing suits.
● Valid Acknowledgement: State the essentials of a valid acknowledgement
under the Limitation Act.
● Limitation vs. Estoppel: Distinguish between the concepts of limitation and
estoppel.
Short Notes/Problems (6 Marks)
● Prescription: Explain the concept of prescription (acquisition of rights by time).
● Objects of Limitation: What are the objectives of the law of limitations?.
● Condonation of Delay: Briefly explain the concept.
● Acknowledgement: Define and discuss the effect of an acknowledgement.
● Problem (Holiday): If the court is closed on the last day of limitation, will the
plaintiff succeed in seeking an extension?.
● Problem (Acknowledgment): Determine the validity of an acknowledgement
where a debtor admits the debt but refuses to pay before the period expires.
● Problem (Oral Debt): Determine the validity of a written acknowledgement given
two years after the expiry of an oral debt.