ETA LLB Coach CIVIL PROCEDURE CODE 3 AND 5 YEARS LLB UNDER KARNATAKA STATE LAW UNIVERSITY MOST IMPORTANT PREVIOUS YEAR QUESTIONS ALONG WITH ANSWERS By ANIL KUMAR KT Mob: 9584416446Karnataka State law University 3 and 5 Years LLI ANIL KUMAR K T LLB COACH Civil Procedure code and Limitation act Most important previous year questions . Explain the kinds of Jurisdictions? . Write a note on foreign judgements? . State the rules regarding “Transfer of suits” . State the modes of service summons? |. Write a note on Joinder of parties. . Elucidate the essentials contents of a written statement? . Write a note on rejection of plaint. . Explain the various modes of Execution of decree. . What is meant by issues? How issues are framed? State the powers of the court to amend or strike out issues? 10.Write a note on Admissions. 11.State the procedure for instituting a suit by an indigent person? 12.Under what circumstances a reference can be made to High court? 13.Write a note on revision? 14. Limitation bars the remedy, but does not extinguish the rights’ Explain? 15.Once the time has began to run no subsequent disability or inability Stopsit. Discuss. 16.‘A’ wife refused to returns to her husband and allow him the exercise of conjugal rights. What is the period of limitation for ‘A’ Decide? 17.Explain the essential ingredients of summons. What are the different modes of service of summons to defendant? 18.Explain the purpose for which commission can be appointed? What are the powers of Commissioner? 19.Who may be joined as plaintiff and defendants? What are the effects of misjoinder and non-joinder of parties? 20.What is attachment? Explain the properties which are not liable for attachment and sale in execution of a decree. 21.What is appeal? Explain the various types of appeal provided under Civil procedure code. 22.What is legal disability? Discuss the provisions in the limitation act affording protection under such disability?23.Discuss the provisions of CPC in respect of place of suing 24.Discuss about reference under CPC. 25.Write a note Caveat petition? 26.Write a note on Affidavit? 27.Briefly describe the various stages of suit? 28.Discuss the provisions of the Civil Procedure Code, 1908 for granting temporary injunctions. 29.€xplain the procedure for attachment and sale of immovable property for execution of a decree. 30.What are costs? Explain the different types of costs awarded in civil cases. 31.What is the special procedure to be followed in a suit by or against partnership firm? 32.What is meant by executing court? What are its powers? 33.Write a note on pecuniary jurisdiction? 34.Write a note on fraud on period of limitation? 35.Explain the provisions of CPC relating to the parties to the suit, their joinder, misjoinder and nonjoinder? 36.Define the term judgement and decree and state the difference between the judgement and decree. 37.Explain the general principles of execution of decree. 38.£xplain the provisions of CPC relating to the discovery, inspection and production of documents. 39.Discuss the provisions of limitation act relating to the exclusion of time in legal proceedings. 40.Write a note on Adjournment? 41.Write a note on Inter pleader suit? 42.€xplain the general rules of Pleading? 43.What is Re Judicata? Explain the conditions to constitute of Re Judicata? 44.Whether death of a party to a suit abate the proceedings? Explain applying rules under order XXII of CPC 1908/ 45.Describe the provisions relating to institution of suit? BY ANIL KUMAR K T LLB COACH1.Explain the kinds of Jui ions? Introduction: It can be said that Jurisdiction is the limit of a judicial authority. It is the extent to which a court may exercise its authority over suits, cases, appeals, etc. It has not been defined in the Code of Civil Procedure (hereinafter referred to as “CPC’), It was derived from two Latin words: juris and dicto. Jurisdiction determines the competency of the court to try the matter. Often people attach a wrong meaning to jurisdiction. They tend to have a false belief that a court’s jurisdiction can only be determined by its geographical limits, but that’s not true. There are different kinds of jurisdiction. Therefore, it would be incorrect to classify jurisdiction into only one kind i.e., territorial jurisdiction. Kinds of Jurisdiction of Original Jurisdiction When the court has authority or power to try the matter, decide cases, suits, etc in that court in the first instance would be called its original jurisdiction. Appellate Jurisdiction Appellate Jurisdiction is referred to as the power or authority conferred upon a superior court to re-adjudicate a case that has already been adjudicated by a lower court before. Foreign Jurisdiction As per Section 2(a) of the Foreign Jurisdiction Act, 1947, Foreign jurisdiction is defined as “any jurisdiction which by treaty, agreement, grant, usage, sufferance or other lawful means the Central Government has for the time being in or in relation to any area outside India” Exclusive Jurisdiction This bestows power on particularly only one court to decide a case. In case of exclusive jurisdiction, no other court would have the power to try those cases which are being tried by courts having exclusive jurisdiction to try those cases.Concurrent Jurisdiction In case of concurrent jurisdiction, the party is free to approach any of the courts that have share such concurrent jurisdiction. Concurrent Jurisdiction is when various courts have jurisdiction over the same case. Territorial Jurisdiction Territorial Jurisdiction is where the geographical boundaries and limits determine the jurisdiction of civil courts. The geographical boundaries are clearly demarcated in the case of such a jurisdiction. Section 16 to Section 20 of the CPC talks about the Territorial jurisdiction civil courts. According to Section 16 of Civil Procedure Code, where the subject matter is situated or located, the suit must be instituted there. Hence, for the partition of immovable property, suits for the recovery of immovable property with or without rent or profits, sale or redemption in the case of a mortgage of or charge upon immovable property, for foreclosure, or the determination of any other right to or interest in immovable property, for compensation for wrong to immovable property, for the recovery of movable property actually under distraint or attachment shall be instituted in the Court within the local limits of whose jurisdiction the property is situated unless it is subject to pecuniary jurisdiction or other limitations in accordance with the law. Pecuniary Jurisdiction As the name suggests, this jurisdiction takes the monetary value of the case or suit into consideration. Only if the court has the authority in terms of the suit’s financial value to try the suit, the suit would be instituted in that court. Section 15 of the CPC talks about the pecuniary jurisdiction of civil courts. It states Every suit shall be instituted in the Court of the lowest grade competent to try it.” This tries to reduce the burden of a court of a higher level. Jurisdiction as to Subject Matter The subject matter of the suit is of immense value and importance while deciding the jurisdiction. Certain courts do not possess the Authority to try certain issues pertaining to a particular subject matter. If it is determined thata court does not possess the jurisdiction to try that specific subject matter, no suit can be instituted in that particular court. Section 9 of the Procedure Code Section 9 of the CPC states that a court has the jurisdiction to try all suits of a “civil nature” except suits on which their cognizance is either “expressly and impliedly barred”. This implies that a civil court unless the suit is of civil nature and the cognizance of which is neither expressly nor impliedly barred, a civil court may not have the jurisdiction to try it. Conclusion The jurisdiction of civil courts as given in the CPC is quite vast and therefore, it becomes crucial to study those in detail. It is necessary to understand that unless a suit is of civil or is express or impliedly not barred by law, a civil court cannot try it. 2.Write a note on foreign judgements? Introduction: Indian legal system is based on Common Law System. The Civil Procedure code, 1908 (C.P.C) deals with the foreign court and foreign Judgement. Section 2(5) of the code defines a “foreign court” as a court situated outside India and not established or continued by the authority of the Central Government. Section 2 (6) of the code defines “Foreign Judgement” as the judgment of the foreign court. Section 13, 14 and 44 of the Code deals with the foreign judgment or decrees. Jurisdiction of Foreign Court The following Circumstances would give jurisdiction to foreign courts: 1. Where the person is a subject of the foreign court in which the judgment has been obtained. 2. Where he was a resident in the foreign country when the action was commenced and summon was served on him.3. Where the person in the Character of plaintiff selects the foreign court select the forum for taking action in which forum he issued Section 13 of the Code has provisions regarding the binding nature of the foreign Judgement. It states that the Foreign Judgement shall be shall be Conclusive as to any matter thereby directly adjudicated upon between the same parties under whom they or any of them Claim litigating the same. There are certain exceptions where the Foreign Judgement has not been Pronounced by a court of Competent Jurisdiction or it has not been given on the merits of the Case or where it appears on the face of the proceedings to be founded on an incorrect view of international law or a refusal to recognize the law of India in cases in which such law is applicable; or the Proceedings the Obtained judgment was obtained are opposed to natural justice. In case the judgment has been obtained by fraud or sustaining the Claim founded on a breach of any law in force in India. Foreign Judgement When not Binding Under section 13 of the Code, a foreign judgment is Conclusive and operates as res Judicata between the parties thereto except in the cases a)when the foreign judgment is not by a competent Court; b) Foreign Judgement not on merits: c) Foreign Judgement against the international or Indian Law: d) Foreign Judgement opposed to natural justice; e) when the judgment is obtained by the fraud: and when the Judgement is founded on the breach of Indian Law. The Court shall presume, upon the production of any document supporting to be a certified copy of a foreign judgment was pronounced by the Court to Competent Jurisdiction, unless the Contrary Jurisdiction unless the contrary appears on the record but such presumptions may be displaced by proving want of Jurisdiction. 3.State the rules regarding “Transfer of suits” Power of the Court to Transfer SuitsIf a case to be decided may be filed in various jurisdictions of court, then a person may get his case transferred from one court to another. Before filing the application of transfer of case, the party has to send notice to the opposite party as well. For getting the case transferred, the party has to raise the objection at the earliest opportunity stating the reasons for a case to get transferred. To What Court Application Lies A person filing objection for transfer of case from one court to another shall submit his application in the manner prescribed:- 1. If the multiple courts having jurisdiction to try a case are subordinate to the same appellate court, then the application shall lie in that appellate court. For example, if courts X and Y have jurisdiction to try a case, and both the courts are subordinate to an appellate court, Z. Then the application shall lie to Zcourt. 2. If the different courts have jurisdiction to try a case are subordinate to the same high court but different appellate courts, then the application shall lie to that high court. For example, both Karkardooma and Saket court are having jurisdiction to try a case, and their appellate court is not the same, but both the courts are subordinate to the same high court that is the High Court of Delhi. So the application shall lie in the High Court of Delhi.3. If the courts having jurisdiction are situated in two different states and are not subordinate to the same high court, then the application shall be given in that high court within whose jurisdiction that court is situated where the proceedings firstly started. Power of Court to Transfer and Withdraw Case 1. The high court or district court may transfer or withdraw a case on the application of any of the parties to the suit or suo-moto (on its own). Before transferring, the court shall give notice to the parties and hear their objections and then transfer the case. 2. The transfer may be of a suit, appeal, or any proceedings. The court transferring shall transfer it to the court subordinate to him. 3. The high court or district court may also withdraw a case from one court and try itself or transfer it to another court for disposing it or may also re-transfer to the court from which case was withdrawn. 4. The transferee court may either try the suit from the stage it was transferred or may try it from the beginning. 5. Transfer may also take place from such a court which has no jurisdiction to try that case. Power of Supreme Court to Transfer Suits 1. Any party to the suit may submit an application in the Supreme Court under section 25 of the Civil Procedure Code for the transfer of a case.2. The Supreme Court, after receiving the application, shall give notice to the parties for hearing. 3. If the Supreme Court is satisfied that a case needs to be transferred, then it may transfer it to the desired court to obtain ends of justice. 4, The Supreme Court deals with inter-state (between states) transfer of a case and not intra-state (within same state) transfer. 5. The application to be given in the Supreme Court for transfer of case shall be supported with an affidavit. 6. The transferee court (court to which case is transferred) may, in its discretion, either try the suit from the beginning or from the stage it was transferred. 7. If the Supreme Court, for any reason, finds that the application filed is frivolous or vexatious, then the court may impose a sum of not more than two thousand rupees to be paid by the applicant as compensation. 4.State the modes of service summons? The Civil Procedure Code, 1908 provides for the following modes of service[iii] of summons: 1. Service by Court Order V, rule 9 states that where the defendant or his agent empowered to accept the service resides within the jurisdiction of the Court in which suit is instituted, the summons shall be delivered or be sent to the proper officer to be served or sent to a Court-approved courier service. Sub-rule (3) of this rule states that such a service may be made by delivering or transmitting a copy byregistered post acknowledgement due to either the defendant or such agent by speed post or a Court approved courier service. 2. Service by Plaintiff As per the provisions of Order V, Rule 9A, in addition to the service of summons under rule 9, the Court may, on an application by the plaintiff, permit such plaintiff to affect the service of summons upon the defendant. If such service is refused, or if the person served refuses to sign the acknowledgement of service or for any reasons the summons were not served personally, then, the Court shall reissue such summons on an application of the party. 3. Service on Agents Order V, Rule 13 states that when a suit regarding business or work is filed against a person who does not reside within the jurisdiction of the Court issuing summons, then the summons being served on any manager or agent personally carrying out such business or work shalll be considered god service Order V, Rule 14 states that when in a suit to obtain relief with respect to immovable property service cannot be made on the defendant or his agent empowered to accept such service then the service must be made on any agent of the defendant who is in charge of the property. 4. Service on Adult Member of Family According to the provisions of Order V Rule 15, where the defendant is absent from his residence at the time of service of the summons and there is no likelihood of him being found within a reasonable period of time and he has no agent empowered to accept service on his behalf, the service may be made to any adult member of the family residing with him. 5. Service When Defendant Refuses to Accept Service Rule 17 of Order V provides for the procedure when the defendant refuses to accept service or cannot be found after due and reasonable diligence. In such a case, the serving officer must affix a copy of the summons on the outer door or some other conspicuous part of the house in which the defendant ordinarily resides or carries on business or personally works for gain. The serving officer shall thereafter return the original summons to the Court that issued it along with his report stating that he affixed the copy, the circumstancesunder which he did so, and the name and address of the person who identified the house and in whose presence the copy was affixed. 6. Substituted Service The provisions of Order V, Rule 20 provide for substituted service. Such a mode of service can be adopted by the Court when it is satisfied that the defendant is keeping away for the purposes of avoiding service or for any other reason the service cannot be made in an ordinary manner. This legal position was reiterated in Dhal Singh Kushal Singh v Anandrao Kakdeliv]. As per this rule, the Court shall order that a copy of the summons be affixed on some conspicuous place in the Courthouse and also on some conspicuous part of the house in which the defendant is known to have last resided or carried on business or personally works for gain. 7. Service When Defendant Resides Within Jurisdiction of another Court When the summons is to be served upon a defendant residing in the jurisdiction of another Court, then, as per Rule 21 of Order V, the Court issuing the summons may send it to the other Court through one of its officers or by post, or by Court- approved courier service or by fax message or email. 8. Service on Defendant in Prison Rule 24 of Order V of CPC states that when a defendant is confined in a prison, then, the summons may be sent or delivered to the officer in charge of the prison by post, courier, fax message, email or any other means as provided under the rules made by the High Court. 9. Service of Summons Abroad As per Rule 25 of Order V, when the defendant resides out of India and has no agent in India empowered to accept service, then, the summons shall be sent to the defendant at the place where he is residing and send the same to him by post, courier service, fax message, or email 5.Write a note on Joinder of parti Introduction: Joinder of parties means to add all persons concerned in a particular dispute to the suit. Parties can be joined at anytime, subjected to the conditions laid down in the Code. Order 1 Rule 1 of the Code states when a person may be joined as plaintiff:“1. Who may be joined as plaintiffs. — All persons may be joined in one suit as plaintiffs where— (a) any right to relief in respect of, or arising out of, the same act or transaction or series of acts or transactions is alleged to exist in such persons, whether jointly, severally or in the alternative; and (b) if such persons brought separate suits, any common question of law or fact would arise” The Code clearly provides that, a party may be joined at any time as a plaintiff provided that they must have right to claim a relief, either rising from the same act(s) or same transaction(s) based on which the suit was filed. When a separate suit is filed by the parties, there should exist a common question of law or fact, for them to be joined as plaintiffs. The first landmark case which discussed this provision was the case of Haru Bepari and Ors. vs. Roy Kshitish Bhusan Roy Bahadur and Ors.[2], where it was held that, “The conditions which rendered the joinder of several plaintiffs permissible under Order |, Rule 1. C. P. C. do not necessarily imply that there can be only one cause of action in the suit in which the several plaintiffs join”. This view was accepted by many other judgments that followed this case. It is key to note the decision given by the Bombay High Court in the case of Paikanna Vithoba Mamidwar and Anr. vs. Laxminarayan Sukhdeo Dalya and Anr.[3], where the Court decreed that, “It is not, therefore, necessary any more that there must be identity of interest or identity of causes of action. What is necessary is the involvement of common question of law or fact.” Similar provision was provided to the defendants within the Code prescribed in Order 1 Rule 3, which states that: “2. Who may be joined as defendants. — All persons may be joined in one suit as defendants where— (a) any right to relief in respect of, or arising out of, the same act or transaction or series of acts or transactions is alleged to exist against such persons, whether jointly, severally or in the alternative; and (b) if separate suits were brought against such persons, any common question of law or fact would arise.” Thus, the condition for joinder of defendant is the same as the conditions laid down for the joinder plaintiffs. This was provision explained by the Supreme Court in Bachu Bhai Patel vs. Harihar Behera & Anr.[4], where it seen that: “This Rule requires all persons to be joined as defendants in a suit against whom any right to relief exists provided that such right is based on the sameact or transaction or series of acts or transactions against those persons whether jointly, severally or in the alternative. The additional factor is that if separate suits were brought against such persons, common questions of law or fact would arise. The purpose of the Rule is to avoid multiplicity of suits.” It was further observed in this case that when Order 1 Rule 3 and Order 2 Rule 3 are read together, it signifies that the question of joinder of parties also includes the joinder of causes of action. The basic principle is that when causes of action are joined, the parties are also joined, since the cause of action is raised against the party. Order 2 Rule 3 states: “3, Joinder of causes of action.—(1) Save as otherwise provided, a plaintiff may unite in the same suit several causes of action against the same defendant, or the same defendants jointly; and any plaintiffs having causes of action in which they are jointly interested against the same defendant or the same defendants jointly may unite such causes of action in the same suit. (2) Where causes of action are united, the jurisdiction of the Court as regards the suit shall depend on the amount or value of the aggregate subject-matters at the date of instituting the suit.” Thus, in cases where parties are involved in the same transaction or where they are moving for the same cause of action, they can be joined within the same suit, either as plaintiffs or defendants. However, this action depends on the discretion of the Court. 6.Elucidate the essentials contents of a written statement? Meaning of written statement Awritten statement is the statement of the defendant in his defence in which he either admits the claims or denies the facts alleged by plant leaf in his plaint. The defendant can State New facts of the case and legal objections against the claim asked by the plaintiff. Order VII! Rule 1 of the civil procedure code provides that, after the service of summons, the defendant should file the written statement within 30 days. But in case if the defendant fails to submit it before 30 days, Then he can file his statement within 90 days as the Court allows him to do so. Essentials of the written statement + The defendant has to appear in court on the date mentioned in the summons. + Before the date of appearing in the court, the defendant needs to file the written statement in the court.+ The statement should deny or accept the allegations imposed on him. Any allegations which are not answered by the defendant are deemed to be accepted by the defendant. The statement must contain the verification of the defendant by stating that the content written in the statement is true and correct as per the knowledge of the defendant. If the defendant fails to submit the written statement before 30 days, he can seek the court to extend the time, in that case, the court may extend the time period upto 90 days. Rules related to the Written statement All the rules related to the written statements are given under Order Vill or the civil procedure code. So let’s know about every rule: Order Vill Rule 1 Order Vill Rule 1 provides that, when the defendant received the summons by which he came to know that a lawsuit has been filed against him he has to file the written statement within 30 days from the date when he received the summon. if the defendant fails to submit it within 30 days, the court may extend this time up to 90 days The court will record the legitimate reason of the defendant for the delay. The time period cannot be extended more than 90 days. The judge can charge some cost if the defendant fails to file the statement within 30 days. If the defendant fails to file the written statement within 120 days from the date of the service of summons (30+90), the court shall forfeit the defendant's right to submit the written statement. After the expiry of 120 days, the court shall pronounce the judgement. Order Vill Rule 1A This rule talks about the protection and production of the document the defendant relies upon. According to this rule, the document which is the base of the defence given by the defendant should be delivered to the court on the date of filing the written statement and by attaching the duplicate copy of this document. The document can be related to the set-off or counter-claim.