CPC REPEATED QUESTIONS

MODULE 1
3 MARKS

• Representative suit (R)

• Legal representative
• What is difference between sub judice and res judicata?
• Misjoinder of parties
• Equitable jurisdiction
• What is sub judice? Explain with illustration.
• .Foreign judgment
10 MARKS

• 'P' instituted a suit before the Munsiff's court against 'D' to recover possession of a piece of
land. The court had pecuniary jurisdiction to try suits of a value up to one lakh rupees only. In
order to bring the suit within the jurisdiction of the Munsiff's court, 'P' valued his claim in the
plaint at Rs. 95,000. Even though the market value of the property was two lakh rupees, 'D'
did not object to the jurisdiction of the court. The decree was passed in favour of 'P'. In the
appellate court, 'D' wants to raise the objection about the pecuniary jurisdiction of the lower
court. Decide.
• 'A' filed a suit against 'B' for declaration that the religious rites performed by 'B' during the
Siva Puja of the deity were not proper. 'B' contends that he has been performing the Siva Puja
as per the Hindu religious rites. Is the suit maintainable by a civil Court? Decide. (R)
• The plaintiff has two causes of action against the same person; first, a right to recover
possession of immovable property and the second, a right to compensation for breach of a
contract. Can he join these two causes in one and the same suit?
• A files a suit against B to recover money on a pro-note. B contends that the promissory note
was obtained from him by undue influence. The objection is overruled and the suit is decreed.
B challenges the promissory note on the ground of fraud in a subsequent suit. Will he
succeed? Decide.
• 'X' sues 'Y' for possession of property based on ownership which was dismissed. 'X' files
another suit for possession based on adverse possession against 'Y'. Can 'X' succeed? Explain.
15 MARKS

• Discuss the provisions in the CPC regarding filing suits by indigent persons. What is a
representative suit? Explain non-joinder and mis joinder of parties and their consequences.
Explain the rules of exclusion and extension in regard to the computation of period of
limitation
• What is jurisdiction? What are the different kinds of jurisdiction? Distinguish between lack of
jurisdiction and irregular exercise of jurisdiction.
• Examine to what extent the rule of conclusiveness of foreign judgments is different in its
operation from the rule of res judicata
• Discuss the rules regarding joinder of parties in civil suits explaining, mis-joinder of plaintiffs
and defendants, and non-joinder of parties and the consequences thereof. What is
multifariousness ? Explain examining joinder of causes of action as well. What is
representative suit ? Explain.
 • "Res judicata is a rule of universal law pervading every well-regulated system of
jurisprudence - and is put upon two grounds, embodied in various maxims of the common
law." - Elucidate. What are the essential ingredients for raising the plea of Res Judicata? Point
out the distinctive factors that distinguish Res Judicata from Res Subjudice and Issue Estoppel

MODULE 2
3 MARKS

• Mesne profit (R)

• Amendment of pleadings
• Discovery by interrogatories
• Legal and equitable set-off
• Distinguish between set off and counter claim. (R)
• What are pleadings? Explain plaint and written statement and their significance in pleadings
• Affidavit
10 MARKS

• A' resides at Delhi and 'B' at Chennai. 'A' publishes in Calcutta statements defamatory of 'B'.
'B' institutes suit against 'A' in Chennai Court. Decide whether the suit is maintainable.
• The plaintiff files a suit against the defendant for realizing a money claim due to him from the
defendant. The defendant wants to set off the plaintiffs claim by a debt due to him from the
plaintiff but at the time when the plaintiff files the suit against the defendant, the debt due to
the defendant was already barred by limitation. Is the defendant's claim for set off
maintainable ? Decide.
• A residing in Pune, published in Chennai, a defamatory news against B. Newspaper is
circulated in Bombay, Delhi and Patna. In which court B can file suit against A.
• X sues Y for Rs. 25,000/- decide whether Y can set off any amount due to him on a
Promissory Note executed by X before 5 years.
• A sues B on a Bill of exchange of Rs. 5,000. B holds a judgement against A or Rs. 5,000. Is it
lawful to se-off the two claims.
• 'P' filed a suit for declaration of his rights against 'Q' who transpassed onto his lands. The suit
was dismissed for default on lower court. What procedure can be adopted by 'P' for
contamination of the suit.
• X' entered into a sale agreement with 'Y' for purchase of five cents of land belonging to 'Y'
situated in Ernakulam district. 'Y' is currently carrying on his business in Kozhikode. The
agreement was executed, and the advance sale consideration was paid at
Thiruvananthapuram, where 'X' is residing. However, Y' failed to execute the sale deed in
spite of 'X' being ready and willing to pay the balance sale consideration. Where should 'X'
file a suit for specific performance against Y?
15 MARKS

• What are the issues in a suit? How issues are framed? What are the powers of the Court to
amend or strike out issues ? ·
• Describe different stages in a civil suit.
• Explain the provisions of the Code of Civil Procedure relating to "appearance of parties and
consequence of non-appearance". Compare and contrast the consequences of non-appearance
in an original suit and an execution proceeding under the CPC. What are the key differences,
if any, in handling non-appearance in these two types of proceedings ?
MODULE 3
3 MARKS

• What is interpleader suit? Explain. (R)

• Suit against minors
• Explain the inherent powers of courts (R)
10 MARKS

• The suit was filed in a representative capacity. During the pendency of the suit one of the
plaintiffs died. It was contended that the suit will abate. Decide.
• After the death of the father, the children claim the property belonging to their father from the
mother, who is in possession, having no interest in the property and is willing to part with the
property in favour of the rightful claimant. Advise the mother.
• The plaintiff files a suit against the defendant claiming Rs. 10,000 and interest. The suit is
decreed but for only Rs. 5,000 and nothing more. The decree holder applies to amend the
decree by adding a prayer for payment of interest. Examine whether the decree can be
amended using the inherent power of the court.
• A deposists a box of jewels with B as his agent. C alleges that the jewels were wrongfully
obtained from him by A and claims from B. B wants to institute an interpleads suit. Advice B.
• 'P' deposits a box of jewels with 'Q', his agent. Later, 'R' alleges that the jewels were
wrongfully obtained from him by 'P' and claims them from 'Q'. Can 'Q' institute an
interpleader-suit against 'P' and 'R' so as to deliver the jewels to its rightful owner? Decide.

15 MARKS

• Discuss the provisions in the CPC regarding filing suits by indigent persons. What is a
representative suit? Explain non-joinder and mis joinder of parties and their consequences.
Explain the rules of exclusion and extension in regard to the computation of period of
limitation
• Discuss the provisions regarding appeal to supreme court in civil cases. Write note on: (i) Suit
by indigent persons. (ii) Computation of period of limitation. (iii) Abatement and withdrawal
of suits.

MODULE 4
3 MARKS

• What is decree? Distinguish between decree and order. (R)

• What is effect of acknowledgement? Discuss (R)
• Second appeal (R)
• Decree
• Condoning the delay
• Bar of period of limitation
• Legal disability under the Limitation Act 1963
10 MARKS

• the plaintiff filed a suit against the defendant for specific performance of a contract of sale.
He claimed a refund of the advance amount paid as an alternative claim. In the meanwhile,
the defendant executed a sale deed in favour of a third party. The plaintiff's suit was dismissed
 by the trial court. An appeal was filed. In the appeal the original vendor was not a party. A
second appeal was filed attacking the decree of the appellate court on the ground that the
original vendor was not impleaded as a party, he being a necessary party, because in his
absence a proper, legal decree could not be granted. Decide.
• An appeal was filed by the plaintiff against the preliminary decree in a suit for partition. At
this stage of the suit, there was a prayer for amendment of the plaint, on the ground that some
properties had not been correctly and fully described in the Schedule and that some itmes
were omitted. The question for consideration before the appeal court was whether the prayer
for amendment could be granted and the suit remanded for a fresh trial. Decide.
• The plaintiff filed a suit against the defendant for damages for slander. Thereafter he applied
for leave to amend the plaint by adding fresh claims in respect of assault and false
imprisonment. At the date of the application, those claims were barred by limitation though
they were within the period of limitation at the date of the suit. Examine whether the
application for leave to amend will succeed
• "T" is a tenant in the house of 'S' for the last 30 years. 'S' is now in need of the house for his
own occupation. He has filed a petition for eviction against "T". "T" contends that he has
become owner by adverse possession. Decide.
• 'X' sues 'Y' for possession of property based on ownership which was dismissed. 'X' files
another suit for possession based on adverse possession against 'Y'. Can 'X' succeed? Explain.
15 MARKS

• Explain the provisions regarding appeal to the Supreme Court, discussing the conditions to be
satisfied for the appeals. Discuss the powers of the appellate court while hearing the first
appeals
• Discuss the provisions in the CPC regarding filing suits by indigent persons. What is a
representative suit? Explain non-joinder and mis joinder of parties and their consequences.
Explain the rules of exclusion and extension in regard to the computation of period of
limitation
• Explain and illustrate the principle of restitution. Who may and upon what conditions apply
for an order of restitution? Is an order granting restitution appealable?
• Discuss the provisions regarding appeal to the supreme court in civil cases. Write note on: (i)
Suit by indigent persons. (ii) Computation of period of limitatton. (iii) Abatement and
withdrawal of suits.
• Explain the law relating to computation period of limitation
• Law comes to the assistance of the vigilant, not to sleepy". Explain
• Distinguish between preliminary decree and final decree. Under what circumstances a final
decree can be passed.
• Explain what is meant by reference. To which court reference can be made? Distinguish
between reference and revision

MODULE 5
3 MARKS

• What is garnishee order? Explain

• Precept
10 MARKS

• "A" obtained a decree for restitution of conjugal rights against her husband 'B'. But 'B' did not
obey the decree. 'A' wants to execute the decree. Advise 'A'.
 • 'A' holds a decree against 'B' for Rs. 20,000/-. 'B' holds a decree against 'A' for the payment of
Rs. 20,000/- in case 'A' fails to deliver certain goods at a future date. 'B' wants to treat his
decree as cross decree against 'A' for the resettlement of the mutual claim. Decide.
15 MARKS

• Discuss the general principles of execution, explaining the powers of the executing court
describing the different modes of executing a decree. Explain Precepts, rateable distribution
and garnishee order
• What are the powers of the executing court? Describe the different modes of execution in
relation to the different types of decrees. Explain precepts and rateable distribution.
• What are the various modes for execution of decrees? Explain in detail. Is there any provision
in the Civil Procedure Code for the execution of orders? Is it true to state that only a court that
passed a decree alone can execute the same? In this regard, enumerate the powers, functions
and duties of executing courts.