CIVIL PROCEDURE CODE 1

CIVIL PROCEDURE CODE

Subjective Questions
Chpter 1 - Preliminary
1. (a) An order rejecting a plaint under Order VII Rule 11 of CPC is not an adjudication of the matter
in dispute. Is it a decree?
(b) What is meant by 'mesne profits'. [DJS 2005, RJS 1994]
2. Who is a legal representative. Give examples of legal representative. [UPJS 1988]
3. What is meant by the decree? Distinguish between preliminary decree and final decree?
[UPJS 1987, BJS 1986]
4. Explain the meaning of the following terms:
(a) Decree [RJS 1986, 1976, 1969]
(b) Legal representative [RJS 1975]
(c) Public officer [BJS 2011, 2006]
5. Examine whether the decree is preliminary or final in the following cases:
(a) A, sues B for recovery of possession of certain land for mesne profit and a decree is passed in A’s
favour.
(b) X, the mortgagee of house bring a suit against Y, the mortgagor, for foreclosure of mortgage and
the decree is passed in favour of X. [BJS 1986]
6. Define order and bring out the essential distinction between decree and order. Are the following orders
decree? Give reasons-
(a) An order dismissing a suit in default,
(b) An order imposing cost,
(c) An order rejecting the plaint. [BJS 1977]
7. Answer the following questions along with a brief explanation for such answers:-
(a) Is an order returning a plaint a decree?
(b) Is an order rejecting a plaint a decree?
(c) Is an order dismissing a suit for default a decree?
(d) Is a decision dismissing a suit on contest a decree?
(e) Is any adjudication from which an appeal lies as an appeal from an order a decree? [OJS 2010]
8. Distinguish a decree from an appealable order. [OJS 2008]
9. Write short notes on:
(a) Mesne profit; [RJS 1971]
(b) Preliminary decree; [RJS 1988]
(c) Legal Representative; [OJS 1998]
10. Write short notes on:
(a) Order [RJS 1969]
11. Which orders are not included in the definition of ‘Decree?’ [RJS 1994]
12. Define – (a) Judgment [RJS 1969]
13. What is a preliminary decree and in what cases such a decree is passed? Explain the types of suits in
which the code of civil procedure provides for passing of a preliminary decree? [HJS 2015]
2 Law is nothing but Common sense and Logic – A.K. Ranjan

14. Can two final decree be passed in one civil suit? [HJS 2015]
15. Can two preliminary decree be passed in a suit? Explanation with illustrations. [HJS 2015]
16. Why are the following legal or illegal ? Explain.
(a) Mesne profit of property include the profits received by a person in wrongful possession of property
due to improvements made by such a person to the property. [OJS 2016]
17. Define :
(a) Government Pleader. (b) Judgment debtor.
(c) Decree holder (d) Legal representative [WBJS 2016]
18. (a) Describe different classes of decrees recognized by the Code of Civil Procedure.
(b) Define order. Name some of the orders which do not amount to decree. [WBJS 2016]
19. What is the distinction between an illegal decree and a void decree? Can a void decree be challenged in
collateral proceedings? [DJS 2007]
20. “Any particular judicial determination of a court may be either a ‘decree’ or an ‘order’. To find out
whether it is a decree or an order is a matter of substance. Moreover, whether or not an expression of
the court qualifies to be a decree, the pleadings of the parties and the proceedings leading up to the
passing of the order will have to be duly taken into account.” Elaborate and discuss this statement in
the light of the leading case law on the matter. [HPJS 2017]
21. Distinguish between order, judgment and decree. Does an appeal lie against an order of injunction
passed under Order XXXIX Rule 1 CPC? [DJS 2018]
22. Write short note on “Mesne Profit”. [BJS 2020, JJS 2019]
23. Distinguish between Decree and Order. [BJS 2020]

Chpter 3 - Suit of Civil Nature (Section 9)

1. Discuss “suits of civil nature.” [UPJS 1988, BJS 2000, BJS 1991, HJS 1988, OJS 1981, RJS 1992]
2. Examine the powers of Civil Court to entertain suits. [OJS 1975]
3. What matter can be adjudicated upon by Civil Courts? [RJS 1974]
4. How will you decide that a suit is of a civil nature? Are the following suits of civil nature? [JHJS 2017]
(i) Right to take out religious procession.
(ii) Right to franchise.
5. Explain in provisions, as also principles to invoke the jurisdiction Civil Court. [GJS 2017]
6. “In order to determine whether a suit is of a civil nature or not, the relevant determining factor is not
the status of the parties to the suit but the subject matter of the suit.” Applying this criterion, given an
illustrative account of the rights of civil nature and the suits of civil nature. [HPJS 2017]
7. Explain in following in brief: (a) “Meaning of Suits of Civil Nature”. [DJS 2019]
8. " The cause of action must be live, neither dead nor in the womb". Explain the law related to "cause
of action" in the light of statement, and the provisions contained in CPC, 1908. [HPJS 2019]
9. Discuss the meaning of the expression "suit of civil nature" as described in section 9 of CPC, 1908.
Plaintiff "P", who is a Christian by religion, challenged her ex-communication, by filling a plaint in a
civil court. The plaint is resisted by arguing that "mere question of religion" is not a suit of civil
nature". Decide with the help of judicial precedents. [HPJS 2019]
CIVIL PROCEDURE CODE 3

Chpter 4 - Jurisdiction of Civil Courts (Section 6 & 15-25)

1. A resides at Shimla B at Kolkata and C at Delhi. A,B and C being together at Varanasi, B & C make a
joint promissory note payable on demand and deliver it to A. A filed a suit for recovery at Varanasi. B
& C object to the jurisdiction of court at Varanasi to try the suit asserting that defendants B & C do
not reside at Varanasi? How would you decide that objection?
[DJS 2006, DJS 1989, UPJS 1987, BJS 1991]
2. A entered into a written contract with B at Delhi, on 1.4.98, for supply of cement at the rate of
Rs.100/- per bag weighing 50 Kgs. A is having its office in Delhi as well as Rohtak and Gurgaon. B is
having office only at Rohtak. On 20.4.1998, A supplied cement worth Rs. 25,00,000/- (Rupees
Twenty five lakhs) to B at Rohtak. B made payments from time to time, sometimes by cheque and
sometimes in cash at Rohtak. Last payment by cheque was made on 25.6.1998 and last payment in
cash was made on 8.10.1998. No receipt of cash payment was however obtained. An amount of Rs. 3
lakhs remained unpaid, despite notice sent by A to B. A then filed a suit at Delhi for recovery of the
principal sums of Rs.3 lakhs (Rupees Three lakhs) along with interest from 20.4.1998, at the rate of
18% per annum. Interest was claimed on the basis of an oral agreement, subsequent to the written
contract dated 1.4.1998. He also claimed pendente lite and future interest at the same rate, along
with costs of the suit. Suit was filed on 1.10.2001.
B filed written statement contesting the suit. He took preliminary objections that (i) Delhi Court had
no jurisdiction in the matter as he was doing business and goods were supplied at Rohtak. Frame
issues on the leadings of the parties and write a reasoned judgment. [DJS 2005]
3. Respondent has its registered head office in Delhi. Agreement was executed between him and the
petitioner for execution of certain work at Rihand (U.P). Certain disputes having arisen between the
parties, the same were referred to Arbitrator. Award was filed in the Court at Delhi. One of the
objections raised by the respondent was that the Court had no jurisdiction as worksite was at Rihand,
work was allocated and executed at Rihand, agreement was executed at Rihand and breach, if any, was
also committed at Rihand. It was contended that as no part of the cause of action has arisen within
territorial jurisdiction of the Court, it will have no territorial jurisdiction to entertain the award made.
Contention of the petitioner is that since principal/corporate office of the respondent is situated at
Delhi, this Court will have territorial jurisdiction. The question to be decided is whether the Court
within whose jurisdiction Principal/Registered Office of Company is situate, will have jurisdiction to
try the suit even if no part of cause of action has arisen within its jurisdiction and the cause of action
has accrued at a place where the company has its subordinate office. Decide the point. [DJS 1999]
4. Have Delhi Courts territorial jurisdiction to entertain suit in following cases under section 20 C.P.C.
Give reasons in support of reply
(i) A, an advocate resides at Faridabad, District Gurgaon, Haryana, but practices in Courts at Delhi
by coming on working days to Delhi. B, from whose factory at Faridabad A purchased electric
appliance on credit, brings a suit for recovery of price at Delhi.
(ii) A merchant named X brings a suit against Union of India at Delhi for short delivery of goods,
carried by rail from Moradabad to Ghaziabad, (U.P.) by Northern Railway having head-quarters at
Delhi. (Refer to heading 'carries on Business'. [DJS 1973]
5. Answer the following problems with reasons and relevant provisions:
(a) ‘A’ files a suit against ‘B’, at Meerut. ‘B’ moves an application before the Supreme Court directly
and requests for the transfer of the suit to any other court outside Meerut. ‘A’ challenges ‘B’s right
of filing such application directly to the Supreme Court. [UPJS 2013]
4 Law is nothing but Common sense and Logic – A.K. Ranjan

6. Enumerate the provisions by which place of suing is determined. [UPJS 2012, HJS 2000]
7. A is tradesman in Calcutta. B carries on business in Delhi B, by his agent in Calcutta, buys goods of A
and request 'A' to deliver them to a transport company. 'A' delivers the goods accordingly in Calcutta. 'A'
want to sue 'B' for the price of the goods. Decide the reasons, the place of suing. [UPJS 1997, BJS 1991]
8. What are the different powers of the High Court or District Courts to transfer or withdraw suits,
appeal or other proceedings? [UPJS 1992]
9. Determine the place of suing in the following cases:
(i) A, a resident of Delhi. ‘B’ resident of Bangalore and ‘C’ of Calcutta met at Kumbh Mela in
Allahabad. There ‘B’ and ‘C’ borrowed Rs. 10,000/- from ‘A’ and jointly executed a pronote and
handed it over to ‘A’. All of them went back to their respective places but the money was not
returned. ‘A’ want to file a suit for recovery of his money.
(ii) Father of ‘A’ and ‘B’ had a bungalow at Nainital, one house at Lucknow and Delhi each and two
big mango-groves in the district of Sitapur. After the death of the father, ‘A’ took over the management
of the entire property and began appropriating the income. ‘B’ want to sue for partition of the
property. [UPJS 1991]
10. (a) State the provisions which govern the determination of the place of suing. [UPJS 1987]
(b) In the following cases determine the place of the case:
(i) A, B and C jointly take a loan from D at Varanasi on promissory note. D lives in Lucknow. A,
B and C reside in Faizabad, Varanasi and Kanpur respectively. [UPJS 1987]
11. Determine the place of suing in the following cases:-
(i) A residing in Delhi, publishes a defamatory statement about B in Calcutta. B is a resident of Patna.
[BJS 1991]
12. Determine the forum for institution of suit in the following cases:-
(i) A, who resides in Patna sells a plot of land situated in Ranchi to B who resides at Gaya for Rs.
50,000. B has paid half the price to A. A now wishes to file a suit for recovery of the remainder of
the amount from the B.
(ii) X, brings a suit in Patna in respect of two houses, one situated in Patna and the other at Muzaffarpur.
Subsequently the claim regarding the Patna house is withdrawn by X. Can the Patna Court now
adjudicate in respect of X’s claim regarding the Muzaffarpur house? [BJS 1986]
13. What is the forum for the following suits?
(i) A suit for accounts against Agent.
(ii) A suit for damages for breach of contract. [BJS 1979]
14. Where can the suit lie in the following cases?
(a) A resides in Gaya, B in Patna and C in Bhagalpur. A. B and C being together in Patna pass a joint
promissory note in favour of D payable in Patna. A breach is made.
(b) Defendant A resident of Jamshedpur publishes a libel in Darbhanga against the plaintiff causing
him damages.
(c) A claims for the sale of B’s two mortgaged houses situated at Chapra and Muzaffarpur. [BJS 1978]
15. ‘A’ is a tradesman in Calcutta. ‘B’ carries on business in Delhi. ‘B’, buys goods of ‘A’ through his agent
in Calcutta and requests ‘A’ to deliver them to the Indian Railways. ‘A’ delivers the goods accordingly
in Calcutta. Where can ‘A’ sue ‘B’ for the price of the goods delivered by him to ‘B’? [HJS 2011]
CIVIL PROCEDURE CODE 5
16. What is the proper place of suing in the following cases?
(i) a suit against a corporation;
(ii) a suit for mesne profits;
(iii) a suit for specified performance of a contract of sale of immovable property;
(iv) a suit for tort;
(v) a suit damages for custody of his ward. [HJS 2010]
17. The head office of a transport company was situated at Chandigarh and the branch offices at Lucknow,
Jaipur and Patna. A dispute arises between X and the Company in respect of a transaction made
through Lucknow office. X files a suit in respect of this dispute against the company in a court at
Jaipur. How the Court will decide? [HJS 2001]
18. B, residing in Calcutta, has an agent at Calicut employed to sell his goods there. A sues B in Calicut
claiming a balance due upon an account in respect of dealings between him and B. During the pendency
of the suit in Calicut Court competent to grant the relief, B institutes a suit against A in Calcutta for
an account and damages caused by A’s alleged negligence. Can the Calcutta Court proceed with the
trial of B’s suit? [HJS 1986]
19. A resides at Shimla, B at Calcutta and C at Delhi. A, B and C being together at Banaras, B and C make
a joint promissory note payable on demand and delivered it to A. Advise A, for the place to institute
the suit. [HJS 1984]
20. A, a merchant, at Cuttack agrees to purchase goods from B, a merchant at Hyderabad and requests
delivery of goods to be made at Cuttack after payment at Cuttack. B commits breach of contract by
not delivering the goods. State where has the suit to be instituted? [OJS 1981]
21. (a) Where would the following suits lie?
(i) A suit for recovery of immovable property situated outside the State.
(ii) A suit for partition of immovable property by a member of a joint Hindu family against outer
members of the family when a small portion of the immovable property is situated in Rajasthan,
but the larger part of it is situated in Calcutta. [RJS 1979]
(b) Under what circumstances can an objection as to place of suing be allowed by an appellate court?
[RJS 1979]
22. Discuss the territorial jurisdiction of the court for the suits in respect of immovable and movable
property. [HPJS 2016]
23. Under what conditions, the objection as to the place of suing can be allowed by any appellate or
revisional Court? [RJS 2015]
24. What do you understand by the pecuniary jurisdiction of a court? Will a court be competent to hear
a suit exceeding it limits if the parties to the suit have given their consent? [UPJS 1986, HJS 1999]
25. The plaintiff is resident of Faridabad and filed a suit for declaration against the defendant, a resident of
Gurgaon, in District Courts, Gurgaon that he has half share in a house situated in Ghaziabad (U.P.)
and a sum of Rs. 1 Lakh are lying deposited in SBI, Gurgaon. The defendant got wrongly executed the
house in his name and is also not admitting the claim of amount lying in the bank. The defendant
contested in the suit that the Gurgaon Courts have no jurisdiction to hear the case. How will you
decide? Give reasons. [JJS 2019]
26. State the provisions which govern the determination of the place of suing in relation to the suits for
compensation for wrong to person.
In relation to the following, determine the place of suing :
6 Law is nothing but Common sense and Logic – A.K. Ranjan

A, B and C jointly take a loan from D at Prayagraj on a promissory note payable on demand D resides
in Varanasi. A, B and C reside in Bareilly, Ghaziabad and Noida respectively. A, B and C fail to repay
the loan on demand. [UPJS 2019]
27. Describe in detail the law relating to the place of filing a Civil Suit. [BJS 2020]

Chpter 5 - Foreign Judgment (Section 12-14)

1. ‘M’, which is a foreign bank, filed suit for recovery against ‘N’, an Indian resident. This suit was filed
in a court of England under summary procedure. ‘N’ filed an application for leave stating the various
grounds on which he wanted to contest the suit. However, he did not appear in the court at the time
of hearing and sent a letter to the Court stating that he was not in a position to go to England and
engage a lawyer. Suit for recovery was decreed under summary procedure and without trial. On the
basis of that decree, the bank filed execution under Order XXI of CPC. ‘N’ filed objections to the said
decree on the ground that such decree was not binding as it was obtained without recording evidence
in a suit under summary procedure and such a judgment cannot be said to be “on the merits of the
case”. The bank took the plea that the English Court had passed the decree after detailed discussion
and by a reasoned judgment wherein the case of the Respondent i.e, ‘N’ was also considered, but his
version was not found tenable. What would be the fate of objections filed by ‘N’? [DJS 2007]
2. A, Hindu male married B, a Hindu female, at Delhi on 1 March 1970, according to Hindu rites. A
st

went to New York (U.S.A) on 1st January 1972, leaving behind B in India. A applied in a court at New
York against B and obtained an exparte judgment and decree of divorce, without due service of notice
on B, who all along remained in India. B brought a suit at Delhi for maintenance as wife against A. A
pleaded that in view of decree and judgment of divorce, B was not his wife for the reasons as under:
(i) Judgment of divorce being a judgment in rem is binding on B under section 41 of Evidence Act.
(ii) Decree having been based upon a foreign judgment is binding under section 13 of C.P.C. Decide
the pleas of A giving reasons. [DJS 1976]
3. What do you understand by a ‘Foreign Judgment’? In what manner may decree of a Foreign Court be
executed in India. [UPJS 1991]
4. What is a foreign judgment? Under what circumstances a Foreign Judgment is conclusive?
[UPJS 1985]
5. The decisions of the foreign courts in the scheme of CPC are treated with respect but not as sacrosanct.
Elaborate on the statement, supporting it with case law. [HJS 2013]
6. (a) Explain if the rule of conclusiveness of foreign judgment is different in it’s operation from the rule
of Res Judicata. [HJS 2006]
(b) Can a Court in India consider whether conclusions reached in a foreign judgment are supported
by the evidence or are otherwise correct? [HJS 2006]
(c) When and how a decree of any foreign court can be executed in India? [HJS 2006]
7. Under what circumstances a foreign judgment is not conclusive? [RJS 1988]
8. The principle of conclusiveness of judgment is a rule of estoppel. Discuss. [RJS 1974]
9. Is a judgment given by a foreign court conclusive as to matters decided therein and how can such a
judgment be enforced in India? [RJS 1974]
10. Explain the relevancy of foreign judgments in Indian courts. Can we implement the foreign judgments?
State the conditions in the light of the Civil Procedure Code, 1908. [BJS 2016]
CIVIL PROCEDURE CODE 7

Chpter 6 - Parties to Suits (Order I)

1. In a land acquisition matter, Reference Court enhanced land value from Rs. 1 lac to Rs. 17 lacs vide
Award dated 12.11.1991. State filed appeal without noticing that the sole respondent in the Award
had died before filing the said appeal. On 22.05.1993, an application was filed quoting Order I, Rule
10 C.P.C for joining names of legal representatives of the deceased respondent, alleging that Government
came to know of death of the sole respondent only when notice of appeal was returned unserved stating
that he was no more. The application is contested by the by the proposed L.Rs. on the ground that
Order XXII, Rule 4 is the relevant provision to be invoked and the application for impleadment of
L.Rs should have been filed within 90 days after death as per Article 120 of the Limitation Act and one
officer of Government knew about factum of death and, therefore, the appeal abates. Contention of
Government is that Order I, Rule 10 is relevant and there is no specified period of limitation for
making such an application and if at all any application is necessary, the same should be filed within 3
years under the Article 137 of the Limitation Act and in this case, the application was filed much
ahead of time. Deal with the points raised by the parties and decide the matter.
[HPJS 2017, DJS 2000]
2. ‘A’ owned some land, which ‘B’ was cultivating as a tenant. ‘A’ had four sons ‘C’, ‘D’, ‘E’ and ‘F’. After
‘A’s death, the land was sold by ‘C’, ‘D’, ‘E’ and ‘G’ son of the pre-deceased son ‘F’ to ‘H’ vide
registered sale deed dated 12.02.1968. ‘H’ filed a suit for recovery of possession against ‘B’. ‘B’ contested
the suit on the ground inter alia that there are other co-owners of the property and since all the co-
owner have not joined in filing the suit, the suit is bad for non-joinder of necessary parties. In the
written statement, he also gave the pedigree table of A but did not lead any evidence in this regard.
The revenue record also did not show that there was any other legal heir of A except ‘C’, ‘D’, ‘E’ and
‘G’ at the time of sale. So ‘H’ contended that he is the sole owner and suit is not bad for non-joinder
of other co-owner. Decide the question of non-joinder of parties by a reasoned order. [DJS 1996]
3. (a) Explain and illustrate the rule relating to joinder of plaintiffs and defendants in a civil suit. (Refer
Non-Judgment & Mis Joinder of parties. [UPJS 2012, UPJS 2000]
(b) ‘A’ publishes a series of books under the title, 'The Oxford and Cambridge publications' so as to
induce that belief that the books are publications of the Oxford and the Cambridge Universities or
either of them. Both Universities join as plaintiffs in one suit to restrain ‘A’ from using the title.
Discuss with reasons whether both the Universities can jointly sue ‘A’ or not. [UPJS 2000]
(c) ‘A’, ‘B’ and ‘C’ three persons were chosen by a community to represent them in a suit against ‘K’,
but ‘X’, ‘Y’ and ‘Z’ other members of the same community supported the defendant ‘K’. Does it
affect the representative character of the suit? Give reasons for your answer. [UPJS 2000]
4. What is representative suit? By whom and under what circumstances can such a suit be filed?
[UPJS 1985, HJS 2000]
5. Write notes on of the following:-
(a) Necessary and Proper Parties [BJS 1984]
6. What is the difference between a necessary party and a proper party? [HJS 2013]
7. ‘A’ agrees to sell and deliver to ‘B’ 500 kgs. of sugar at the time rate of Rs. 50 per kg on date ‘X’. On
the same day he agrees to sell and deliver to ‘C’ a like quantity of sugar at the same rate on the same
date. Can ‘B’ & ‘C’ join together as plaintiffs in one suit against ‘A’ and if not, then why not?
[HJS 2011]
8 Law is nothing but Common sense and Logic – A.K. Ranjan

8. Write notes on -
(i) Consequence of non joinder and misjoinder of parties. [OJS 2004]
9. What do you mean by joinder of parties? What is the consequence of non-joinder and mis-joinder of
parties? [OJS 2000]
10. What do you understand by a suit of representative character? [RJS 1999]
11. Write short notes on the following-
(i) Misjoinder of parties [RJS 1988]
12. To the plaintiff when there are numerous persons having the same interest in the subject matter of the
suit. [RJS 1974]
13. What do you understand by?
(a) Multifariousness
(b) Misjoinder of parties
(c) Misjoinder of cause of action [RJS 1969]

Chpter 7 - Frame of Suit : Order II & III

1. A died leaving his widow and a son as his only legal heirs. A was the owner of a house, the ground floor
whereof was commercial and occupied by various tenants and one portion of the ground floor was in
use of the son for his business. The widow and the son were residing on the upper floor. The widow
filed a suit against her son claiming that upon the demise of A, under his Will she had become the
absolute owner of the house; that the son was merely licensee in a portion of the ground floor and
which licence came to an end on the demise of A; that the son had however failed to vacate the said
portion of the ground floor. The widow sought a decree for injunction restraining the son from selling,
transferring or parting with possession of the portion of the ground floor in his occupation. The son
after some contest gave a statement stating that he will not sell, transfer or part with possession of the
said portion of the ground floor and the suit was disposed off. On the demise of the widow, her brother
filed a second suit against the son claiming that the widow under her Will bequeathed the house to
him and claiming possession not only of the portion of the ground floor in which the son was had been
running a shop but also of the upper floor. The defendant contended that the suit was barred under
Order II Rule 2 of the CPC. Decide the said objection. [DJS 2010]
2. B is a tenant of A in a premises governed by the Rent Control Act where under notwithstanding a
contract to the contrary B can be evicted from the premises only on a ground provided under the Rent
Act. A in or about January, 2008 institutes a petition for eviction against B on the ground of misuse of
the tenancy premises by A. A thereafter in or about August 2008, while the earlier petition for eviction
is still pending, institutes another petition for eviction against B on the ground of B having sub-let a
portion of the tenancy premises in 2006 to C. B in defence to the second petition states that the same
is barred by Order II, Rule 2 and/or the proceedings therein are liable to be stayed under section 10 of
CPC. Decide the said plea of B. [DJS 2008]
3. A let out his residential house in Delhi to ‘B’ vide registered lease deed dated 15-3-1992. This lease
was for a period of three years commencing from 1-3-1992 and ending on 28-2-1995. Monthly rent
fixed was Rs. 20,000. After the expiry of lease period, no new lease was executed. It was orally agreed
between the parties that there would be extension of tenancy by a further period of three years on
enhancement of rent by 15%. ‘B’ started paying the rent at an enhanced rate w.e.f. 1-3-1995, which
‘A’ accepted till November 1995. Thereafter, vide legal notice dated 4-12-1995 was served upon ‘B’
under section 106 of the Transfer of Property Act, 1882. ‘A’ terminated the tenancy w.e.f. 31-1-1996
CIVIL PROCEDURE CODE 9
and called upon ‘B’ to hand over possession in the District Court. Decree for possession was passed by
the trial court vide judgment and decree dated 12-12-2002 holding that after the termination of
tenancy by legal notice, the tenant was in unlawful possession. After this decree, ‘A’ filed another suit
claiming mesne profits on 19-1-2003 w.e.f. 20-1-2000 and also for future period, till the possession is
handed over. ‘B’ took the plea that suit was barred under Order II, rule 2 of the Code of Civil Procedure,
1908. Whether this plea of ‘B’ is sustainable in law? [DJS 2007]
4. A let out first floor of house No. M-25, Greater Kailash, New Delhi to B, at the rent of Rs. 3,500 per
month, for a period of 5 years, starting from 1.4.1998. Since B was in arrears of rent, he filed a civil suit
against him on 20.6.2002, for recovery of arrears of rent for the period from 1.7.1999 to 31.12.2000.
The suit is still pending. As rent for subsequent period was also not paid, he filed another suit on
30.11.2004 for recovery of arrears of rent for the period from 1.1.2001 to 31.3.2004. He pleaded that
his entire claim was within limitation as B had issued a cheque of Rs. 10,000 to him towards part
payment of rent for the period from 1.1.2001 to 30.11.2001, which when presented to the bank was
dishonoured. He also claimed interest @ 12% p.a, without pleading any basis for claiming interest.
B filed written statement contesting the suit. He took preliminary objections that (i) rent for the
period from 1.1.2001 to 31.5.2002 was not claimed in the previous suit and cannot be claimed in the
present suit; (ii) rent for the period from 1.1.2001 to 31.10.2001 was barred by limitation; (iii) there
was no agreement for payment of interest and therefore no interest is payable. He contended that a
dishonoured cheque cannot extend the period of limitation. Facts however were not disputed by him.
Frame appropriate issue arising from the pleadings of parties and write a reasoned judgment.
[DJS 2005]
5. ‘A’ retired on his attaining the age of superannuation. Disputes arose as to fixation of his pension. He
filed a suit for declaration that he was entitled to pension at a higher rate. Arrears of pension upto the
date of the suit at higher rate were not claimed. Decree for declaration was passed by the court.
Subsequently he filed a suit for the arrears of pension upon the date, when the suit for declaration was
filed. Decide.
(i) If the suit is barred under Order 2 Rule II of the Code of Civil Procedure.
(ii) Will the suit for the recovery of arrears for the period after the decree for declaration be also barred
under the same provision. [DJS 1984]
6. The defendant has been residing as a tenant in the house of the plaintiff at a monthly rent of Rs. 2500/-. He
is in arrears of rent and has not paid any rent to the plaintiff-landlord since 1.1.1979. The plaintiff had
filed one suit for recovery of arrears of rent for the period from 1.1.1979 to 31.12.1980 on 12.1.1982
and had filed another suit for the recovery of the arrears for the period 1.1.1981 to 31.1.1982 on
18.2.1982. The defendant has contested the second suit on the ground that the plaintiff not having
claimed the entire amount in the first suit, the second suit is barred. Decide giving reasons.
[DJS 1982]
7. Is the second suit barred in the following? Give reasons:
(a) First suit was for mesne profits, second suit is for possession
(b) A is the landlord of B. B had not paid rent for 1961, 1962 and 1963. A first files a suit for rent for
1961. This is decreed. He filed a second suit for 1962 and 1963. [DJS 1980]
8. Under which other provisions of the Code of Civil Procedure besides section 11, a second suit has been
barred? Discuss briefly. [UPJS 2013]
9. What causes of action can be joined without the leave of the Court, to a recovery of immovable
property? [HJS 2011]
10 Law is nothing but Common sense and Logic – A.K. Ranjan

10. Does a fresh suit lie in respect of same cause of action in the following cases:
(i) Where plaintiff has failed to sue for the entire claim in the previous suit. [HJS 2009]
11. A Plaintiff who is entitled to sue for possession and damages files a suit for possession only. The suit is
decreed. Can he file a suit for recovery of damages? Give reasons for your answer. [HJS 1998]
12. Explain the rule that plaintiff is not entitled to relinquish part of his claim. [RJS 1986]
13. Discuss why every suit shall as far as possible, be framed so as to afford ground for final decision upon
the subjects in dispute. What is the penalty for non-compliance of the above rule? What is the effect if
the plaintiff omits to sue in respect of, or intentionally relinquishes, any portion of the claim?
[RJS 1977]
14. In what cases a plaintiff is precluded from filing a fresh suit in respect of the same cause of action?
[RJS 1974]
15. A Plaintiff brings a suit on the basis of several causes of action against the defendant. What should the
court do in such a case? [RJS 1969]
16. Write short notes on the following:
(a) Recognised agents and pleaders [RJS 1975]
17. Discuss the provisions relating to joinder of cause of action under O II of CPC. What are the type of
cause of action which can be joined without the leave of the court, in a suit for recovery of immovable
property? [HPJS 2019]
18. Mr. X and Mr. Y enter into contract specifically enforceable under SRA, 1963. On breach of contract,
Mr. X files suit for specific performance. Whether subsequent suit by Mr. X for damages would be
barred by Order II Rule 2. [HPJS 2019]

Chpter 8 - Pleadings (Order - VI)

1. A in the year 2000 institutes a suit for recovery of Rs. 15 lacs on the basis of three dishonoured cheques
of Rs. 5 lacs each, together with future interest against B. While amendment of plaint to make the suit
for recovery of Rs. 20 lacs. A contends that the fourth cheque of Rs. 5 lacs also given by B and
dishonored remained stuck to one of the other three cheques filed in the court and escaped his attention
and came to his knowledge only while cross-examining B. B opposed the application for amendment
on the ground of – (i) same being barred under Order VI, rule 17 as amended by CPC Amendment
Act, 2002 (ii) the claim sought to be added by amendment being on the date of application, barred by
time (iii) considering the claim in plaint as originally filed of Rs. 15 lacs with interest, on the date of
application the monies if found due being more than Rs. 20 lacs and the amendment if allowed will
take the claim in suit beyond maximum jurisdiction of that court of Rs. 20 lacs. Decide the said
application. [DJS 2008]
2. ‘A’ entered into an agreement with ‘B’ for carrying out certain work from 4-4-1973 till 4-4-1975.
Agreement contained a clause for arbitration in case of dispute. On 3-4-1978, ‘A’ filed civil suit against
‘B’ for recovery of some dues etc. On 4-4-1978, ‘B’ filed application under section 20 of the Arbitration
Act. ‘B’ moved an application for stay in civil suit filed by ‘A’ but the application for stay was dismissed
and his appeal against dismissal was also dismissed on 1-8-1985. On 13-3-1986, ‘B’ filed an application
under Order VI Rule 17 of the CPC for amendment of his pending application under section 20 of
the Arbitration and Conciliation Act, 1996 for converting it into a suit for recovery of amount from
’A’. Application for amendment is opposed on the ground that it proposes to change the nature and
character of the suit and that claim of ‘B’ were barred by limitation. ‘B’ contends that his pending
application under section 20 of the Arbitration and Conciliation Act, 1996 contains all the particulars
CIVIL PROCEDURE CODE 11
which should contain in a regular suit, difference is only with regard to reliefs prayed for, no prejudice
will be caused to the opposite party, claim is not time-barred and prayer can be granted even by
resorting to inherent powers under section 151 of the CPC. Deal with the respective contentions of
the parties and pass an order on that application under Order VI Rule 17 of the CPC. [DJS 2007]
3. “Pleading to state material fact and not evidence”. Explain. [UPJS 2012]
4. What are the fundamental rules of Pleadings? What are the circumstances in which court can order
amendment of pleadings? [UPJS 2006, 2016]
5. State the circumstances in which a party to suit be refused permission to amend his pleading.
[UPJS 2000, 1991]
6. (a) Under which circumstances can the Courts allow amendment of pleadings? [UPJS 1992]
(b) What will be the effect if even after being permitted to amend the pleadings, the party does not
amend it? [UPJS 1992]
7. Why is amendment of pleadings at times becomes a necessity? When shall a prayer for amendment of
pleadings at times become a necessity? When shall a prayer for amendment of plaint be rejected? Can
the plaintiff prefer an appeal against such an order of rejection of a prayer for amendment of plaint?
Can a written statement be amended? [OJS 2008]
8. What will be the consequences if the party obtaining have to amend, does not amend his pleadings?
[RJS 2011, 2015]
9. What are the circumstances and the stages in which amendment of pleadings of the parties can be
allowed? Is it permissible to allow the plaintiff to introduce by way of amendment a new case or a new
cause of action, when a suit on such new case or cause of action is barred by limitation? [RJS 1977]
10. Write short notes on:
Verification of Pleadings [RJS 1974, BJS 1979]
11. What is meant by alternate pleadings and inconsistent pleadings? Can be the parties to a suit incorporate
both of these pleadings at the same time? [HJS 2015]
12. Does the court has power to strike out the pleadings of the parties to a suit. If yes then what are the
gounds on which such power can be exercised by the court? [HJS 2015]
13. Write in short on:
(a) “Misjoinder of parties”
(b) “Which are the necessary parties to a suit”?!
(c) Broad principles governing disposal of application for amendment. [DJS 2019]
14. What are the fundamental rules of pleadings? What are the circumstances in which court can order
amendment of pleadings? Explain by citing appropriate statutory provision and judicial decisions.
[HJS 2019]

Chpter 9 - Plaint (order - VII)

1. The Plaintiff institutes the suit for recovery of Rs. 3 lacs by way of damages for breach of contract
against the defendant. It is the case of the plaintiff that the defendant had vide a lease deed dated 1st
January, 2008 prepared on a stamp paper of Rs. 50/-let out his property in Delhi to the plaintiff at a
rent of Rs. 5,000/- and for a period of ten years; that the defendant however without any reason and in
breach of the said lease terminated the said lease on 1st January 2010 only and also instituted a suit for
ejectment of the plaintiff. The plaintiff thus claimed damages of Rs. 3 lacs for breach of contract. The
defendant files an application for rejection of the plaint on the ground that the plaint does not disclose
a cause of action. Decide the said application. [DJS 2010]
12 Law is nothing but Common sense and Logic – A.K. Ranjan

2. When plaint is liable to be returned? Describe the alternative procedure which the Court may adopt
after such order. Whether an order for the return of the plaint is appealable? Reply by mentioning
provisions. [UPJS 2013]
3. The rules in relation to rejection of a plaint are based as much on substantive grounds as on procedural
reasons. Elaborate. [HJS 2013]
4. State the circumstances when a plaint can be rejected? [HJS 2009]
5. In a civil suit, issues were framed and evidence was being recorded. However, on a certain date, defendant’s
counsel pointed out that prima facie the suit was barred by limitation. The Court rejected the plaint
without going into the full text of the plaint, and without hearing the plaintiff ’s counsel. Whether the
said rejection order is legally correct? Give reasons for your answer. [HJS 2009]
OR
What are the valid grounds for rejection of a plaint? [RJS 1988]
OR
On what grounds can a plaint be rejected by Court? Discuss. [UPJS 2019]
6. Write notes on -
(i) Rejection of plaint [OJS 2004, RJS 1986, 1974]
7. State the particulars that must be contained in a plaint generally and in suits for money and immovable
property specifically. [OJS 2016]
8. Return of plaint and Rejection of plaint. [RJS 2015]
9. State the essential of the plaint and under circumstances the plaint can be rejected by the court?
[MPJS 2017]
10. ‘B’ in July, 2019 institutes a suit for specific performance of agreement of sale against ‘A’ claiming that
the possession of the property was delivered by ‘A’ to ‘B’, three months after the date of agreement to
sell, in part performance of the said agreement against payment by ‘B’ to ‘A’ of Rupees five crores in
cash. ‘A’ contests the suit. Besides filling a written statement, ‘A’ files an application under Order VII
Rule 11 CPC and under Order XV of the CPC for rejection of the plaint summary dismissal of the suit
contending that the plaintiff on the basis of averment in the plaint and agreement to sell in writing is
not entitled to the relief of specific performance. It is the plea ‘A” that the suit is time barred and that
‘B’ by claiming to be in possession of property has disentitle himself from the relief.
In the context of the aforesaid facts, analyse:
(a) The law of limitation in a suit for specific performance of an agreement to sell of immovable property;
(b) The need for registration of an agreement of sale of immovable property and the effect of non
registration thereof; and
(c) The parameters of Order VII Rule 11 CPC. [DJS 2019]
11. Explain the difference between implications of rejection of plaint and return of plaint. [HJS 2019]

Chpter 10 - Issue & Service of Summons to Defendant (Sec. 27 & Order V)

1. What are the modes of effecting service of summons on the defendants? [UPJS 1985]
OR
What are the different modes of service of summons under the Civil Procedure Code? [OJS 1981]
OR
Explain the different modes of service of summons under the CPC, 1908. [HPJS 2019]
CIVIL PROCEDURE CODE 13
2. Define Summons? What are the objects or service of Summons? What are the modes of affecting service
of summons of defendant? Discuss fully. [UPJS 1982]
OR
Portray comprehensively the provisions of Order V of the Civil Procedure Code dealing with the "issue
and service of summons". [HPJS 2018]
3. ‘A’ the plaintiff, knew the whereabouts of ‘B’, the defendant and inspite of that fact, A obtained by false
representation an order for substituted service by giving to court to understand that ‘B’ had been
deliberately avoiding service. Discuss whether ‘B’ had been properly served. [UPJS 1982]
4. Write notes on of the following:-
(a) Substituted Service [BJS 1984]
OR
In what circumstances and in what manner "Substituted Services" are made? [RJS 1988]
OR
Where the defendant either refuses to sign the acknowledgement regarding the service of summons or
cannot be found and has no agent empowered to accept service on his behalf. [RJS 1974]
5. How can a summons be served on the defendant, who is found to be absent from his residence at the
time when the summons is sought to be effected on him at his residence and there is no likelihood of his
being found at his residence within a reasonable time? [OJS 2010]
6. In what circumstances the service of a process may be effected on the adult member of defendant’s
family? What is the procedure prescribed in law when the defendant refuses to accept the service, or
cannot be found? How is this different from the substituted service? [OJS 2009]

Chpter 11 - Written Statement, Set-off & Counter Claim (Order - VIII)

1. The Plaintiff instituted a suit for recovery of money. It is the case of the plaintiff that he had purchased
certain land from the defendant; the said land was acquired by the Government and accordingly he
applied for compensation; however the defendant objected to the release of compensation to the plaintiff
owing whereto the release of compensation to the plaintiff was delayed by several years. The defendant
however subsequently withdrew his objections and where after the compensation was released to the
plaintiff. The suit is filed for recovery of compensation for delay caused by the defendant in release of
land acquisition compensation. The defendant contested the suit by denying sale of land to the plaintiff
and further pleaded that the objections to release of compensation was withdrawn by him on the basis
of a compromise in writing arrived at between the parties but the plaintiff mischievously obtained his
signatures on an unconditional application for withdrawal of objection also. The defendant however
did not file the compromise in writing along with the written statement. However, during the cross-
examination of the plaintiff, the defendant put to him the said compromise in writing. The plaintiff
denied his signature on the same. The defendant thereafter in his own evidence sought to prove the
said compromise in writing. The plaintiff objected to the same contending that the defendant having
not filed the document at the appropriate stage could not prove the same. Decide the said objection of
the plaintiff. [DJS 2010]
2. The plaintiff instituted a suit for recovery of money from the defendant. The defendant filed a written
statement contesting the suit. It is, inter alia, the case of the defendant that it had sent its proposals to
the foreign parent company of the plaintiff and negotiations were held with and terms settled with the
foreign parent company of the plaintiff; that the said foreign parent company of the plaintiff however
forwarded the proposal to the plaintiff which accepted the same. The defendant thus averred that the
14 Law is nothing but Common sense and Logic – A.K. Ranjan

terms and conditions of the agreement on the basis whereof monies were claimed by the plaintiff were
different from as claimed by the plaintiff. The defendant after filing of the written statement filed a
counter claim not only against the plaintiff but also against the foreign parent company of the plaintiff.
Discuss the maintainability of a counter claim against a non-party to the suit. [DJS 2010]
3. Mohan filed a suit for recovery of money against Sohan. Summons in the said suit were served upon
Sohan on 6-4-2004 for appearance in the Court on 8-7-2004. Sohan did not file the written statement
within 30 days and on 8-7-2004 he appeared before the Court and moved an application for extension
of time in filing the written statement on the ground that along with the suit, documents filed by the
plaintiff were not served upon him. The plaintiff contested the application raising the contention that
this was an afterthought plea as along with the process fee, plaint and documents were filed by the
plaintiff for service of summons upon the respondent. He also contended that the respondent did not
raise non-receipt of the documents any time between 6-4-2004 and 8-7-2004 and therefore, no
further time be given to him and decree be passed under Order VIII, Rule 10 of the CPC. What would
be your decision on the application filed by Sohan for extension of time? [DJS 2007]
4. Can a time barred claim be set up as a set off and can a pre decree compromise be set up as a bar to the
execution of decree? [DJS 1979]
5. Decide giving reasons, the objection of A in any two of the following cases:
(a) A brings a suit for recovery of Rs. 5,000/- against B on the basis of a cheque. B in his written
statement claim set off of Rs. 2000/- as damages for house trespass. A objects that set off cannot be
legally claimed. [DJS 1976]
6. (a) Distinguish among legal set-off, equitable set-off and counter claim. Discuss also how they are
claimed and what are their effects. [UPJS 2006]
(b) (i) ‘A’ sues ‘B’ on a bill of exchange. ‘B’ alleges that ‘A’ has wrongfully neglected to insure B’s
goods and is liable to him in compensation which he claims to set-off. Answer with reasons.
[UPJS 2006, HJS 2001]
(ii) ‘A’ dies intestate and in debt to ‘B’. ‘C’ takes out administration to ‘A’s effects and ‘B’ buys part
of the effects from ‘C’. In a suit for purchase money by ‘C’ against ‘B’, the latter wants to set-
off the debt. Answer with reasons. [UPJS 2006]
7. Write short notes on the following-
(a) Set off. [BJS 1978, RJS 1975, 1970]
8. A files a suit for recovery of Rs. one lac B. can B clean set-off against A and C jointly in his written
statement ? [HJS 2015]
9. What are the conditions necessary for granting a claim of set-off? [HJS 2013]
10. What do you understand by set-off? Explain equitable set-off. Distinguish between legal and equitable
set-off. [HJS 2010, 2001]
11. Explain the rules governing denials by the defendant in his written statement. [HJS 2006]
12. Define counter claim. Distinguish between counter claim and set off. [HJS 2003]
13. The Plaintiff delivered one thousand bags of potatoes to the defendant, the cold storage proprietor on
certain conditions for preservation. The defendant did not fulfil all those conditions and thereby
committed breach of contract. The Plaintiff filed a suit for damages. The defendant filed counter
claim. Discuss the effect of the counter claim in the light of statutory provision and decided cases.
[HJS 2003]
14. Write notes on -
(i) Written Statement [OJS 2004]
CIVIL PROCEDURE CODE 15
15. What do you understand by Set-off? What are the essential of Set-off? [MPJS 2016]
16. ‘A’ purchased the suit property from ‘B’ on the basis of registered general power of attorney and
agreement to sell, after paying entire sale consideration to ‘B’. Later on, ‘C’ wanted to disposes ‘A’ from
the suit property on the basis of false documents executed by ‘B’ in favour of ‘C’. A lodged an FIR
against ‘C’. In the meanwhile ‘C’ on the basis of forged documents filed a suit for possession against
‘A’. ‘A’ raises preliminary objection that the suit of ‘C’ is not maintainable, as ‘C’ had not filed any
documents on record regarding ownership of the suit property. ‘C’ in order to meet the objection of ‘A’
files an application under Order VIII Rule 1A of CPC seeking permission to file the documents alleged
to have been executed in his favour. The application was resisted by ‘A’ on the ground, that ‘C’ has
simply stated in the application that the documents which are to be filed were not in power and
possession in the entire pleading. ‘C’ has not explained in whose possession these documents were
lying and how all of a sudden these documents came into his possession. Decide the application giving
reasons. [DJS 2019]
17. Explain the meaning, nature, scope and modes of setting up counter claim. Who may file counter
claim and upto which stage a counter may be set up? Discuss the effect of counter claim. MPJS 2019]
18. Discuss the provisions relating to set-off under the CPC, 1908? Differentiate between legal set- off and
equitable set-off. [HPJS 2019]
19. Discuss the rule relating to “ additional written statement” under the CPC, 1908. In a civil suit, the
respondant files his written statement on 10th Feb. 2018. How ever very soon he realises that some
very important facts are missing in his written statement, and hence he moves an application for
submitting additional written statement. The court, while permitting his application asked him to
submit additional written statement on or before March 15, 2018. Plaintiff questions the legality of
additional written statement. Examine the legality.

Chpter 12 - Appearance & Non Appearance of Parties (Order - IX)

1. Defendant in a suit did not appear on the date fixed for recording of evidence. He was proceeded
exparte and judgment was reserved. Next day, he filed an application under Order IX Rule 13 of CPC
for setting aside the decree, on the ground that he had met with an accident while coming to the court
and therefore could not appear on the date of hearing. He also produced documentary proof of his
accident and medical treatment. Decide. [DJS 2005]
2. In an eviction proceeding, 27-5-1989 was fixed for the evidence of the landlord and 2.6.1989 for the
evidence of the tenant. On 27.5.1989 neither the tenant nor his counsel appeared at hearing. The
Court recorded evidence of the landlord and passed ex-parte eviction order. Same day tenant applied
for setting aside the ex-parte order alleging that he was ill and his counsel had forgotten mentioning
the case in his diary. He filed his own affidavit but did not file medical certificate and diary and
affidavit of counsel. The landlord rebutted his allegation on affidavit. Decide the application.
[DJS 1990]
3. B was in occupation of a house belonging to A. In March 1981, A filed a suit for possession alleging
that B was a trespasser in the house. The suit was contested by B, who pleaded that he had become the
owner of the house, by adverse possession. The suit was fixed for hearing on 15th July 1981, on which
date A was unable to attend the Court, but B appeared in Court. The suit was dismissed in default. On
10th December 1981, B died leaving behind a widow C. In January, 1982 A brought a suit against C
alleging that she is in illegal possession of the house and praying that a decree for possession be passed
against her. Advice C if the suit is barred. Give reasons. [DJS 1989]
16 Law is nothing but Common sense and Logic – A.K. Ranjan

4. Plaintiff-objector filed a suit for declaration that he was a tenant in the premises and not bound by the
decree for possession passed against a third person. The suit was dismissed in default under Order 9
Rules 8 of the Code of Civil Procedure. He filed an application for restoration, which also failed.
Thereafter the said plaintiff/objector filed objections in the court where execution application was
pending again asserting that he was a tenant in the premises in his own right as such. The decree
holder took up preliminary objection that the present objection was barred by the principles of res
judicata or in any case under Order IX Rule 9 of the Code of Civil Procedure. How will you decide?
Give reasons. [DJS 1984]
5. Plaintiff could not reach the court on the date fixed, so his suit was dismissed for default? [UPJS 1991]
6. What remedies are available for setting aside ex parte decree? [BJS 2011]
OR
What remedies are available for setting aside an ex-parte decree? [BJS 2000]
7. Write note on of the following:
(i) Ex-parte proceedings [BJS 2006]
8. What remedies are available to party whose suit is dismissed under Order IX, Rule 8 for default of
appearance on the date of hearing? [BJS 1984]
9. ‘A’ files a suit against ‘B’ for breach of contract by ‘B’. The suit is dismissed for default of appearance.
Decide if the decision of the court dismissing the suit qualifies as a decree? Give reasons for your
answer. [HJS 2013]
10. Where a suit is dismissed for non appearance of plaintiff on a date when defendant is present in the
court. [HJS 2009]
11. What should a Court do when Plaintiff is present and the defendant is absent? What remedies are
available to defendant in such case? When can an ex-parte decree be passed and when it be set aside?
[HJS 2003]
12. What are the consequences of Plaintiff ’s failure to appear when the defendant is present? What remedy
is available to Plaintiff? [HJS 2003]
13. A files a suit against B. On the date of hearing, A remains absent and the suit is dismissed by default.
Advise A. [HJS 1984]
14. A’s title suit against B was decreed ex parte. Can B prefer an appeal against the said decree? [OJS 2009]
15. In the said case, as in (a) B made an application under Order IX Rule 13 of the Code of Civil Procedure,
1908 on the ground that he was prevented by any sufficient cause from appearing when the suit was
called on for hearing. After due consideration, the Court allowed B’s prayer made in the said application
and set aside the decree. As the decree was set aside, A became aggrieved. Can he prefer an appeal
against the said decision? Explain the law on the subject. [OJS 2009]
16. Title Suit between A and B was decreed ex parte. Specify the legal steps B can take to redress his
grievances. [OJS 2008]
17. Write notes on -
(i) Restoration of a suit dismissed for default. [OJS 2004]
18. What is an ex parte decree ? Explain the procedure for setting aside an ex parte decree. [OJS 1996]
19. Explain the scope and application of the rule for setting aside ex parte decree. [OJS 1981]
20. What are the consequences of non-appearance of parties in general in a suit? What are the remedies?
[RJS 1994]
CIVIL PROCEDURE CODE 17
21. What remedies are available to a plaintiff whose suit is dismissed for default? Discuss each remedy.
22. What orders a court should pass if the plaintiff absents himself -
(i) On the first date of hearing of the suit.
(ii) On an adjourned date of hearing and
(a) There is no evidence on record.
(b) There is some material on record. [RJS 1974]
23. (a) What remedy is available to the plaintiff if a suit is dismissed for non-appearance of both parties?
State the relevant provision of Civil Procedure Code in this regard.
(b) State the grounds on which Court can set aside an ex parte decree passed against defendant.
(d) State when application for setting aside the ex parte decree shall not lie [WBJS 2016]
24. ‘A’, ‘B’ and ‘C’ are the co-owners of a house. They jointly mortgaged the house to ‘X’. ‘X’ files a suit
against ‘A’, ‘B’ and ‘C’ to recover the mortgage money. Summons is served to ‘C’ but not to ‘A’ and ‘B’.
None of them appears and ex parte decree is passed against all.‘A’ and ‘B’ apply to set aside the decree.
Whether decree can be set aside against ‘A’ and ‘B’ only or against all ‘A’, ‘B’ and ‘C’? [HPJS 2016]
25. Elaborate the provisions under the Civil Procedure Code, 1908, regarding non-appearance of the
parties and consequence of non-appearance. [RJS 2015]
26. In 1982, Smt. Rajrani- (Plaintiff ) filed a suit for possession against Smt. Kamla Devi- (Defendant).
The summons was duly served upon the defendant. Despite service, the defendant did not appear in
the Court nor she contested the suit. Accordingly, the defendant was proceeded ex-parte. The Civil
Court vide its judgment dated 30.08.1983 decreed the suit ex-parte in favour the plaintiff. Thereafter,
plaintiff filed an application for execution of the decree in the year 1986 and notice of the same was
issued to the defendant. It transpired that the defendant had already died in the year 1984. Accordingly,
plaintiff filed an application under the Order XXII Rule 4 CPC for bringing the legal heirs of defendant
on record. There were two legal heirs of the defendant who instead of filling reply to application under
Order XXII Rule 4 CPC of the plaintiff filed an application under Order IX Rule 13 CPC for setting
aside the ex-parte decree passed against the deceased defendant. The plaintiff in its rely took an objection
that since the defendant had been duly served in her lifetime with the summons and had chosen not
to appear or contest the suit, as such the application Order IX Rule 13 CPC filed by the legal heirs is
of the respondent is barred by limitation and is liable to be dismissed. In view of the above facts, decide
the application under Order IX Rule 13 CPC with detailed reasons. [DJS 2019]

Chpter 13 - Proceedings (Orders X-XIII)

1. Anil (hereinafter “the plaintiff ”) filed a civil suit for recovery of possession of property, House No. X-
100, Village Mehrauli, New Delhi (hereinafter “the suit property”) comprising two storied structure
built over a plot of land admeasuring 220 square yards, and for mesne profits, against Keshav (hereinafter
“the defendant”) on allegations to following effect:
(a) The plaintiff had let out the suit property to the defendant for residential purposes at monthly rent
of Rupees 25,000/- (twenty five thousand only) excluding electricity charges vide lease agreement
dated 10.10.2001 for a period of three years commencing the date of execution of lease deed.
(b) The defendant had carried out substantial structural changes and further had not complied with
the covenants of the lease deed and so the plaintiff determined the lease by issuing a notice on
17.11.2004 after elapse of the lease period. The defendant having served with the notice had
failed to send any reply and nor had vacated the suit property.
18 Law is nothing but Common sense and Logic – A.K. Ranjan

The defendant has contested the suit by way of written statement, the relevant pleadings wherein
are as follows:
(i) The execution of the lease deed on 10.10.2001 is not denied but the said document was
entered upon on the asking of the plaintiff whereas the terms were different from those
incorporated in the lease deed. The lease deed was not stamped or registered as per law.
(ii) The property was constructed for commercial use and let out for the purpose only. The rate of
rent at Rupees 25,000/- (twenty five thousand only) represented rent for commercial use of
the premises.
(iii) The structural changes to which plaintiff was referring were actually additional superstructure
constructed by the defendant at his own cost pursuant to oral agreement between the parties, as
per understanding reached in January 2003.
(iv) The notice determining the lease was illegal.
(v) The plaintiff had no locus standi to file the suit for recovery of possession of the suit property
since he had failed to abide by the direction in the order passed by the Sub-Divisional Magistrate
on 17.02.1999 under Delhi Land Reforms Act requiring him to reconvert the land beneath
the suit property for agriculture purposes within three months as a consequence of which the
property had vested in Gram Sabha.
The plaintiff now files an application under Order 12 Rule 6 Civil procedure Code for decree of the
suit, to the extent it prays for recovery of possession, on basis of admissions of the defendant in the
pleadings, claiming that issues raised by the defendant are irrelevant.
The defendant opposes the application and argues as under:
(i) There is no unequivocal or clear admission of the case of plaintiff in the pleadings and so decree on
admissions cannot be granted, particularly as the defendant has raised issues which require
determination.
(ii) The lease deed dated 10.10.2001 being undisputedly an unregistered document without proper
stamp duty being undisputedly an unregistered document without stamp duty being paid
thereupon cannot be looked into.
(iii) The plaintiff had ceased to be owner since the property stood vested in Gram Sabha. Decide the
application. [DJS 2014]
2. Write short notes on of the following-
(a) Discovery of document. [BJS 1978, OJS 1996, RJS 1979, RJS 1971, RJS 1970]
3. Write short notes on the following:
(a) Interrogatories [RJS 1975]
4. Describe in short the procedure for obtaining the discovery and inspection of documents. [RJS 1975]
5. Write short notes on the following:
(a) Discovery and inspection of documents. [BJS 2016]
6. What is meant by the terms ‘interrogatories’,‘discovery’ and ‘production’? How do these processes help
in adjudication of disputes in civil cases? [DJS 2018]
7. Give rational account of the provisions of Civil Procedure Code related to discovery and inspection of
documents. [HPJS 2018]

Chpter 14 - Trial (Orders XIV-XVIII)

1. After recording of evidence of both the parties, defendant applies for additional evidence on the ground
that one material witness, who was out of the country had since returned to India. Decide.
[DJS 2005]
CIVIL PROCEDURE CODE 19
2. A files a suit for possession and mesne profits against B. In his written statement, B claims that value of
property subject matter of the suit exceeds the limit of pecuniary jurisdiction of the court. He files an
application to treat the issue of valuation as a preliminary issue. Decide. [DJS 2005]
3. Under what circumstances a court may dispose of a suit at the first hearing? [UPJS 2013]
OR
Explain the provisions about disposal of the suit at first hearing under. Order XV of CPC?
[MPJS 2016]
OR
Whether the court has power of disposal of Suit at the first hearing? If so, narrate the circumstances.
[TJS 2018]
4. Write notes on -
(i) Framing of issues [OJS 2004]
OR
What is the object of framing issues in a civil suit? [RJS 1992]
5. What are the kinds of issues? [RJS 2011]
6. What is a preliminary issue? [RJS 1986]
7. (a) When issues arise in a suit?
(b) What do you understand by material proposition?
(c) How issues are framed?
(d) How many kinds of issues may arises in a suit? State those issues.
(e) When the Court is not required to frame issues? [WBJS 2016]
8. Plaintiff filed a suit for recovery against the defendant. The defendant did not file its written statement
despite various opportunities granted by the Court. Ultimately, the Court struck off the defence of
the defendant. The defendant asserted its right to participate in the proceedings and cross examine
plaintiff and his witnesses, to lead evidence in defence and also to address arguments. Can the defendant
be permitted to do so, decide the above contentions of the defendant with reasons? [DJS 2019]

Chpter 15 - Judgment & Decree (Section 33 & Order XX)

1. ‘B’ filed a suit for declaration of partnership and accounts against A. In order to deprive, ‘B’ of the
benefits. ‘A’ began to shift the goods and assets of the business establishment in hurry. Advise ‘B’ as to
what should he do in the circumstances. [UPJS 1991]
2. Write short note on of the following:-
(a) Cross decrees [BJS 1979]
3. Explain the preliminary decree in 'suits for foreclosure.' What the court may directs while passing such
decree? [HPJS 2015]
4. What is a ‘judgement’? Mark the differences between ‘judgement’ and ‘decree’. [HPJS 2017]
5. Describe the features of a 'Judgment' as culmination of a civil suit supposed to be disposing of the
matters in issue conclusively. Also underscore the foundational perspective to be possessed by a judge
for writing a judgment. [HPJS 2018]
6. What is the judgment? What is a decree ? Whether the judgment decree or order be reviewed, amended
or corrected by the same Court? [TJS 2018]
20 Law is nothing but Common sense and Logic – A.K. Ranjan

Chpter 16 - Costs & Interest (Sec. 34, 35, 35A, 35B; Order XXA)
1. Defendant in a suit failed to produce evidence on a date fixed by the court for this purpose. Cost of
Rs. 2,000 was imposed on him and the case was adjourned. On next date of hearing, defendant did
not pay the cost and the plaintiff also did not insist on cost. The case was again adjourned. On next
date, plaintiff pressed for striking out the defence, as the cost had not been paid. Decide. [DJS 2005]
2. Explain and illustrate the rule that costs shall follow the event. Are there any exceptions to this rule?
Discuss. [BJS 2006, 1987]
3. Write notes on “Compensatory Costs” [BJS 1984]
4. What are the circumstances in which the plaintiff can be ordered to give security for the payment of
the defendant’s costs of the suit? [BJS 1978, RJS 1979]
5. When can a civil court impose costs by way of compensation and costs for causing delay? [HJS 2011]
6. Explain if and when:
(i) Interest prior to the date of suit,
(ii) Interest pendent lite and
(iii) Future interest can be totally declined or granted at 6% p.a. or at the contractual rate by the
Court. [HJS 2006]
7. Can the Court award interest
(i) On the aggregate amount which includes the principal sum and the amount of interest;
(ii) At a rate higher than what was contracted between the parties;
(iii) In a suit which is not simplicitor for money;
(iv) By way of damages;
(v) While executing a decree;
(vi) In an appeal. [HJS 2006]
8. How costs are imposed for causing delay? [RJS 1994]
9. How ‘interest’ is awarded in a money-decree? [RJS 1994]
10. Write short notes on “Costs ordinarily follow the event.” [RJS 1971]
11. What should be the usual contents of judgment in a civil suit” ? [DJS 2019]

Chpter 17 - SPECIAL SUITS

1. The plaintiff sued for recovery of money as an indigent person. The plaint was accompanied with an
application under Order 33, rule 1 of the CPC. An inquiry into the indigency of the plaintiff was
ordered. The said inquiry remained pending and no progress was made therein. The plaintiff thereafter
withdrew the application under Order 33, rule 1 of the CPC, wanting to proceed with the suit as a
non-indigenous person. The defendant contended that the claim in suit, though within time when
permission to sue as an indigent person was sought, was barred by time when the application under
Order 33, rule 1 was withdrawn. Decide the said objection. [DJS 2010]
2. “A” a native of Agra, after serving a notice under section 80 C.P.C instituted a suit against the Union of
India at Agra on the last day of two month’s of service of notice challenging his dismissal from service
as Customs Inspector, Ferozpore. Jurisdiction of Agra Court was claimed on the ground that the Union
of India was operating its Railway there, and therefore carrying on business there.
Objection was taken by the defendant that the suit could not lie, being not after the expiry of the full
two month’s period of service of notice under section 80 C.P.C. At the time when the defendant filed
CIVIL PROCEDURE CODE 21
the written statement, those two months had long expired. Another plea raised in defence was that the
Agra Court had no jurisdiction, and that the proper court was Ferozpore, where A was last posted and
caught allegedly taking bribe, or the Amritsar Court from where the Collector issued the dismissal
order. Decide after framing issues. [DJS 1979]
3. Which suits and proceedings are considered as ‘matters concerning the family’ under the Code of Civil
Procedure? Who for this purpose are treated as constituting the ‘family’? [UPJS 2013]
4. Describe the rights and options available, under the Code of Civil Procedure, to a minor plaintiff on
his attaining majority and the procedure thereof. [UPJS 2013]
5. Examine the procedure for bringing suit by or against the government. [UPJS 2012]
6. Who is entitled to file a pauper-suit? State the procedure for filing such suits? Can a defendant be
allowed to defend in forma pauperis? Give reasons. [UPJS 2006]
7. (i) When a Court shall reject and application for permission to sue as pauper? Discuss fully.
(ii) ‘A’ presented an application for leave to sue in form a pauperis but ‘A’ dies pending the hearing of
the application. Can the application be continued by ‘B’ who is legal representative of ‘A’? Give
reasons. [UPJS 2006]
8. (a) Who can file a pauper-suit? [UPJS 1999]
(b) Can a person be a defendant in a suit as pauper? [UPJS 1999]
(c) ‘A’ filed an application plaint as pauper. ‘A died before the disposal of his application. Can his legal
representative continue with that application.’ [UPJS 1999]
(d) ‘A’ after filing an application as pauper sold his property worth Rs. Fifteen thousand. Will A’s
application be accepted? [UPJS 1999]
9. Explain the Rule of “Notice prescribed in Section 80 of the Code of Civil Procedure, 1908.”
[UPJS 1997]
10. Give brief description of rules contained in order 33 of the Code of Civil Procedure, 1908.
[UPJS 1997]
11. Who is an indigent person. What is the mode of instituting suit by such person.
[UPJS 1988, 1986, HJS 1999]
12. Discuss the provisions of the Civil Procedure Code with regard to:
(i) Suits against Government and its officials.
(ii) Suits relating to public nuisance. [UPJS 1987]
13. What facts are essential in a notice under Section 80 Civil Procedure Code? What will be the effect
upon the suits against the Central Government, the State Government or their officers, if the said
notice is not given? [UPJS 1985, HJS 2000]
14. What is the procedure prescribed for suit by or against a firm. [UPJS 1983]
15. (a) Who is entitled to file a pauper suit? State the procedure for filing for such suits. Can a defendant
be allowed to defend in forma pauperis? Give reasons. [UPJS 1982]
(b) When the court shall reject an application for permission to sue as pauper? Discuss fully.
[UPJS 1982]
(c) Answer the following:
(i) ‘A’ presented an application for leave to sue in forma pauperies but ‘A’ dies pending the hearing
of the application. Can the application be continued by ‘B’ who is legal representative or ‘A’?
Give reasons.
22 Law is nothing but Common sense and Logic – A.K. Ranjan

(ii) ‘A’ disposed his property worth Rs. 1000/- in August 1980 to enable himself to sue as pauper
and applies for leave in September, 1980. Will the application of ‘A’ be accepted or rejected by
the court? Give reasons. [UPJS 1982]
16. What are the provisions under the Civil Procedure Code relating to suits by or against Government?
[BJS 2011]
17. What are the provisions of the Civil Procedure Code, 1908 relating to suits by or against the Government
or Public offices in their official capacity? [BJS 2006]
18. Where the plaintiff is a minor, then on the retirement, removal or death of his next friend, will the
proceedings be stayed, until the appointment of a next friend in his place? [BJS 1987]
19. Write notes on of the following:-
(a) Remedies for public nuisance [BJS 1980]
20. What do you understand by “indigent person”? [HJS 2009]
21. How is an application for permission to sue as an indigent person filed? [HJS 2009]
22. Discuss the validity of the following:
(i) Decree against a person of unsound mind supposing him to be of sound mind.
(ii) Decree passed against a minor in a suit in which he is not represented by a guardian ad litem.
(iii) Person who was a minor at the date of the institution of suit with a properly appointed guardian ad
litem attains majority during the pendency of the suit; but no steps are taken to remove the
guardian ad litem and decree is passed against him as a minor. [HJS 1996]
23. A Plaintiff gives notice under section 80 of the CPC and institutes a suit before two months but is
allowed to withdraw the same with liberty to file a fresh suit. Is he entitled to file a fresh suit without
a fresh notice? [HJS 1988]
24. Notice is given by A under section 80 of the CPC of a proposed suit. A dies before the institution of the
suit. Does the notice by A ensure for the benefit of his legal representative? [HJS 1988]
25. Can any alien enemy institute a suit for any relief in any Civil Court in India? Specify the procedure
prescribed in the Code of Civil Procedure, 1908 in this regard. [OJS 2010]
26. Is there any prerequisite for institution of such a suit against the Government ? Can such requirement
be dispensed with in any case ? Explain the law on the subject. [OJS 2010]
27. What is the procedure for institution of a suit wherein the plaintiff is minor? What is the procedure
relating to the defence of a suit wherein the defendant is a person of unsound mind? [OJS 2009]
28. Write notes on -
(i) Notice u/s 80 C.P.C. [OJS 2004]
29. Can a suit be filed by or against the minor ? If yes, discuss provisions of the C.P.C. in this regard. (Refer
suit by or against minors and lunatics page 181) [OJS 1998]
30. When should a Court grant leave to appeal in Forma Pauperis? [OJS 1984]
31. (a) State the law relating to suits in forma pauperis.
(b) A filed a suit against B in forma pauperis. Subsequently A was dispaupered and directed to pay the
Court-fee on the pauper plaint. A failed to pay the Court-fee within the time allowed. The Court,
therefore, dismissed the pauper suit. Discuss, with reference to decide cases, the nature of the
order. [OJS 1975]
32. How an indigent person has been defined under Civil Procedure Code? [RJS 1994]
33. Describe the procedure prescribed for institution of a pauper suit? [RJS 1988]
CIVIL PROCEDURE CODE 23
34. Write short notes on “Pauper suit “ [RJS 1979]
35. In what cases an Advocate-General of a State can bring a suit and what relief or reliefs can be claimed
in such a suit? Can any other person bring a suit to obtain those reliefs and in what manner?
[RJS 1975]
36. How can a pauper institute a suit? Can a person who once allowed to sue in form of a pauper is
dispaupered file a suit and how? [RJS 1974]
37. Write short explanatory notes on-
(a) Pauper suit. [RJS 1970]
38. What procedure need to be adopted to institute a pauper suit in court of law ? Who can institute such
suit Discuss the procedure in detail in pauper suit. [MPJS 2015]
39. Explain the necessity of legal notice under Section 80 of the Civil Procedure Code, 1908 in the
following:
(a) Civil suits
(b) Write jurisdictions, if any [BJS 2016]
40. Explain the rule of 'notice' prescribed in Section 80 of the Civil Procedure Code, 1908. Whether a
right to notice could be waived? [UPJS 2019]
41. Write notes on Indigent person. [BJS 2020]

Chpter 18 - Interpleader Suit (Section 88 & Order XXXV)

1. What is an interpleader suit? When and by whom can it be instituted?
[UPJS 2006, 1985, 1984, HJS 2000, UPJS 2016]
OR
Write short note on “Interpleader suit “. [TJS 2018, JJS 2019]
OR
Write note on of the following:
(i) Interpleader Suit [BJS 2006, OJS 1998, RJS 1974]
2. Explain with illustration, the basic characteristics of an “interpleader suit”. [UPJS 1997]
3. What are the essentials of an Interpleader Suit? Discuss. [BJS 1984]
4. ‘X’ purchased a computer from the shop ‘A & Co.’ for Rs. 50,000. The price is to be paid by ‘X’
within one month of sale. During this time the shop was purchased by ‘B & Co.’ ‘A & Co.’ and ‘B &
Co.’ both claimed the price of computer from ‘X’. ‘X’ wants to institute an interpleader suit against
‘A & Co.’ and ‘B & Co.’ for deciding the claims. It is revealed that before institution of suit, ‘X’ had a
secret agreement with ‘A & Co.’ that if ‘A & Co.’ succeeded in the suit, ‘A & Co.’ would accept Rs.
40,000 in full and final satisfaction of his claim. Whether ‘X’ can institute an interpleader suit ? Give
reasons. [HPJS 2016]

Chpter 19 - Summary Procedure (Order XXXVII)

1. Write short notes on “Leave to defend in summary suit.” [DJS 2014]
2. The defendant thereafter files an application under Order 9 Rule 13 CPC to set aside the ex-parte
decree on the ground that the service was not validly effected inasmuch as he had shifted from the
place where the summons were served of the suit. No other averment is made in the application for
setting aside the ex-parte decree except that the defendant was not served in the suit although on
24 Law is nothing but Common sense and Logic – A.K. Ranjan

merits the defendant had an excellent case because he had repaid the amount due to the plaintiff with
interest two months before the summary suit was filed by means of a cheque which was encashed by
the plaintiff.
(i) A summary suit is filed under which provision of CPC and in such a suit can the Court which
passed the ex-parte decree pass a decree for payment of interest till realization?
(ii) Was the suit maintainable as a summary suit or should the suit have been filed only as an ordinary
suit?
(iii) Did the defendant validly invoke the provision of Order 9 Rule 13 of CPC and if not, under which
provision, the application would lie, and can the court suo moto treat the application as filed
under the correct provision of law, if yes, how?
(iv) In addition to pleading the factum of non-service what else had the defendant to plead in an
application to set aside the ex-parte decree and under which provision? [DJS 2011]
3. The plaintiff instituted a suit for recovery of money under Order 37 of the CPC on the basis of a
dishonoured cheque. It is the case in the plaint that one A owed monies to the plaintiff and in payment
of the said monies had issued the cheque aforesaid in favour of the plaintiff; however, the plaintiff did
not present the said cheque on request of A. A died unexpectedly and whereafter the plaintiff presented
the cheque which was returned dishonoured with the remark “Withdrawal stopped owing to death”.
The plaintiff thus instituted the suit for recovery of the cheque amount against the legal representatives
of A. Whether the suit is maintainable under Order 37? [DJS 2010]
4. What are the principles laid down by the Supreme Court in M/s. Mechalec Engineers & Manufacturers
v. M/s. Basic Equipment Corporation, AIR 1977 SC 577, while dealing with the application for leave
to defend in a suit filed by the plaintiff under Order XXXVII of the CPC, 1908? [DJS 2007]
5. Write short notes on Summary suit under Order 37 CPC”. [DJS 2006]
6. What are the principles governing grant of leave to defend, in a suit filed under Order XXXVII of Code
of Civil Procedure? [DJS 2005]
7. What is the procedure prescribed for the institution and disposal of Summary Suits? [RJS 1994]
8. What is the procedure in a summary suit? Which cases are subjected to summary suit? [RJS 1980-81]
9. Describe the plaint particulars, the procedure for the appearance of the defendant and for the defendant
to defend the suit, in a summary suit. [OJS 2016]
10. The recording of a finding as to the existence of a triable issue can be said to be backbone of the entire
procedure under Order XXXVII. Comment with relevant Supreme Court Judgment. [OJS 2016]
11. The provisions and principles with regard to Summary Suits. [GJS 2017]
12. Explain the summary suits, What is the test to allow these suits? [HPJS 2016]
13. Write a short note on:”Grant of leave to defend under Order XXXVII of the CPC”. [DJS 2019]

Chpter 20 - Execution (Section 36-74, Order XXI)

1. For an immovable property situated at Kanpur a suit is filed for specific performance in Jaipur on the
ground that the agreement was executed in Jaipur, and where both the proposed buyer and seller
resided and worked for gain. The suit is contested and decreed by the court at Jaipur and the appeals
against the decree are dismissed right upto the Supreme Court. In execution proceedings the defendant/
judgment debtor takes up the objection that the decree is null and void as the same is passed by a court
which did not have inherent jurisdiction as the court which had inherent jurisdiction was only the
civil court at Kanpur.
CIVIL PROCEDURE CODE 25
(i) Under what provisions the objection is filed to the execution of decree and will it succeed, if so
why?
(ii) What would be your answer if the plaintiff/ decree holder contends that the objection raised by
the judgment-debtor is an objection not to the inherent jurisdiction of the court but only qua the
territorial jurisdiction and which stands waived then what would be the provision of CPC which
would be relied upon by the decree holder? [DJS 2011]
2. The plaintiff instituted a suit pleading that one A was the producer of certain films, negatives whereof
had been kept by him in the custody of defendant no. 3 laboratory for preservation; A died leaving the
defendants No. 1 and 2 as his only legal heirs; that upon the demise of A, defendants No. 1 and 2 had
become the owners of the films, negatives whereof were kept in the custody of the defendant no. 3;
that the defendants no. 1 and 2 had sold their rights in the said films/negatives in favour of the
plaintiff. The plaintiff thus sued for mandatory injunction for direction to defendant no. 3 to deliver
the negatives of the films to the plaintiff. The defendant No. 1 and 2 did not contest the suit. The
defendant No. 3 files a written statement pleading that A had kept the negatives with it for safe
custody on payment of charges; that a sum of Rs. 6 lacs was due to towards the said charges. One of the
issues framed in the suit was as to whether the defendant no. 3 was entitled to the sum of Rs. 6 lacs
towards charges for safe custody of the negatives. The defendant no. 3 did not lead any evidence in the
suit. Resultantly, the issue as to its entitlement to Rs. 6 lacs was decided against it. The decree for
mandatory injunction was passed directing the defendant No. 3 to hand over the negatives to the
plaintiff subject to payment of appropriate charges. The plaintiff filed an application for execution.
The defendant no. 3 again said that besides the sum of Rs. 6 lacs earlier stated, to be due, further
amounts had accrued towards charges for safe custody of the negatives. How would you proceed with
the execution? [DJS 2010]
3. Write short notes on the following:
(i) Precept [DJS 2006, RJS 1976]
(ii) Garnishee Order [DJS 2006]
4. Can the executing court go behind the decree? [DJS 2005]
5. On 14.07.1977 a decree for Rs. 69,000/- was passed in favour of Decree-holder and against all the
Judgment-Debtors. The decree holder filed execution of decree on 09.01.1978. She expired on 14.03.1980.
She had executed a Will assigning the decree in favour of Judgment Debtor No. 2 and 3, who obtained
Probate of Will. Judgment Debtor No. 4 also expired on 20.03.1990. Judgment Debtors No. 2 and 3 are
now seeking to execute the decree against legal heirs of Judgment Debtor No. 4 who have objected to
execution of decree against them and have submitted that the decree cannot be executed by Judgment
Debtor No. 2 and 3 on the basis of probate granted in their favour. The question is whether the applicants,
who were also the JDs, can execute the decree against one or other Judgment Debtors even assuming the
share of the DH has devolved upon them under the Will? [DJS 2000]
6. A is survived by his widow, daughter, sister and four brothers. On partition suit filed by B, one of the
brothers of deceased A, the disputed property fell to the share of C, the daughter of A. During the
pendency of partition suit filed by B, B was appointed receiver of the entire estate of A. In this capacity,
B inducted D as a tenant and took some advance from D but the possession of whole of leased premises
was not given to D. So, D filed a suit against B for recovery of the amount of advance. This suit was
decreed against B and his estate. In execution of this decree D purchased the suit land belonging to C
in auction and then transferred it to some other persons without any notice to C. C then filed a suit
for recovery of possession of her land. The suit was resisted by D and his transferees on the ground,
26 Law is nothing but Common sense and Logic – A.K. Ranjan

inter alia that the same is barred by section 47 C.P.C. Decide whether the bar created by section 47
C.P.C. will apply to the suit filed by C. [DJS 1996]
7. Raja of a State obtained an exparte money decree against his treasurer from a court of his own native
state. The treasurer had, however, left the state service and settled in Delhi at the time of institution of
the suit which resulted in aforesaid exparte decree. Raja then brought action in a court at Delhi on the
basis of the exparte judgment and Objection was raised by Treasurer that Court of the native state that
pronounced the judgment was not a court of competent jurisdiction and decree was not on merits.
Give reasons. Decide. [DJS 1980]
8. Discuss the provisions of Civil Procedure Code regarding the attachment and sale of property in
execution proceedings. [UPJS 2012]
9. How and to what extent a decree can be executed against legal representative of a decreased judgment-
debtor? [UPJS 1999]
10. What properties are not liable to attachment and sale in the execution of decree? [UPJS 1997]
11. Discuss the statement that an executing court cannot go behind the decree. What are the question that
may be determined by the court executing the decree? [UPJS 1986, HJS 1999]
12. When can auction sale of immovable property in execution of a decree be set aside? Who can get it set aside?
[UPJS 1985, HJS 2000]
13. What are the questions that may be determined by the Court executing a decree u/s 47 of the civil
procedure code? [BJS 1991, HPJS 20105]
14. How will the following decrees be executed:-
(i) A decree for specific performance of immovable property.
(ii) A decree for restitution of conjugal rights.
(iii) A decree for Injunction. [BJS 1987, RJS 1977, 1976]
15. Can the following objection of a judgement debtor be decided in an execution proceeding or by means
of a separate suit?
(a) The decree holder had obtained the decree by fraud.
(b) The decree is a nullity.
(c) Before the decree was passed, the decree holder had agreed not to execute the decree.
(d) The decree holder had shown the judgement debtor to be major in the suit, though in fact he was
minor then.
(e) The judgement debtor has paid the amount of the decree to decree-holder. [BJS 1979]
16. All questions arising between the parties to the suit in which the decree was passed, or their representatives,
and relating to the execution, discharge or satisfaction of the decree, shall be determined by the Court
executing the decree and not by a separate suit. Discuss. [BJS 1978]
17. For how much period a person can be detained in the civil prison in execution of a money decree and
when he is to be released from such detention? Can he be released from such detention before expiration
of the said period? [HJS 2010]
18. On what ground can the sale of immovable property in execution of a decree be set aside? At whose
instance such sale can be set aside. [HJS 2010]
19. S, an owner of a premises, situated in Mohali where Rent Act does not apply, filed a suit for ejectment
for possession of his premises against A and B. S alleges that A, his tenant, had sub-let the premises
illegally. In the protracted trial, all the defences of B, who claimed to be the owner himself on the basis
CIVIL PROCEDURE CODE 27
of an agreement to sell dated 23-6-1990 allegedly having been executed by S in favour of his deceased
father M, were found to be false. The alleged agreement to sell has been declared to be forged and
fabricated document. The suit succeeds in favour of S and a decree for ejectment is passed against A
and B jointly and severally. B’s appeal, second appeal and even SLP against the order are dismissed
right upto the Apex Court. In the light of the above, answer the following;
The trial of the suit has been transferred to Chandigarh from Mohali by the High Court at B’s behest.
The execution proceedings have been filed at Chandigarh and objections of B were dismissed by the
executing Court. Now, should S continue proceedings at Chandigarh or not? Also, what should be the
remedy of S for expeditious conclusion of the execution proceedings without unwarranted obstruction
or resistance of B. [HJS 2007]
20. A and B get married at Panchkulla. Thereafter, they got work permit and shifted to Atlanta in the USA.
A daughter C was born to them in Atlanta within one year of their stay there. Shortly, thereafter, A
finds his wife to be having illicit relations with their countryman Z, who holds green card in the USA.
B gets pregnant through Z. When A finds out all this, she aborts the child. By now A has ample
evidence of B’s misdemeanour. Thereafter, A comes back to India with C who is 3 year old now. A filed
a suit for being appointed the guardian of C before the guardian judge, Panchkulla. Meanwhile,
having learnt that A has fled with her daughter to India, B filed a criminal case against A in the USA
and obtains arrest warrants against him. B also files a custody petition in the USA wherein the Court
grants an exparte decree in her favour. B comes to Panchkulla and applies for the execution of the ex-
parte custody decree in the Court of Civil Judge, Senior division, Panchkulla. B also raises the said
decree in defence to guardian proceedings initiated by A.
In the light of this fact situation, answer the following:
(a) Discuss the objections that A can take to the execution petition of B. In how many ways can A
challenge the said decree?
(b) Discuss the defence of B in guardian proceedings. Can the USA Court decree entitle her to defeat
the guardian court proceedings in the light of her conduct? [HJS 2007]
21. What are the conditions that must exist for making an application for the execution of cross-decrees?
[HJS 2006]
22. What is the procedure for attaching agricultural produce in the execution of a decree? [HJS 2006]
23. Explain in detail the different modes of execution of a decree under CPC. [HJS 2003]
24. A obtains a decree for Rs. 10,000. Subsequently, A agrees to accept Rs. 7,000 in full satisfaction of the
decree and “B” pays Rs. 7,000 out of Court but neither the payment nor the adjustment is certified by
the Court. A applies for the execution for the full amount of the decree notwithstanding the receipt by
him of Rs. 7,000. B objects to the execution on the ground that the decree has been adjusted and the
payment has been made. Discuss. [HJS 2003]
25. Comment on the statement that an execution court cannot go behind the decree. [HJS 1988]
26. C files a suit against D for property X and Court passes a decree for property Y. The time for appeal had
elapsed. In execution the mistake is detected. Advise C. [HJS 1984]
27. Answer the following questions:
(i) Can there be attachment of property of a defendant, when there is no decree pending against him?
[OJS 2008]
28. In what circumstances is notice to be given to the judgment-debtor before execution is ordered against
him? [OJS 1975]
28 Law is nothing but Common sense and Logic – A.K. Ranjan

29. When can a judgement debtor be sent to civil prison for not paying the decretal amount.
[RJS 2011, 2015]
30. State the properties which may be attached and cannot be attached. [RJS 1999]
31. What do you mean by an executing court? [RJS 1994]
32. What are precepts? [RJS 1992]
33. Which is the Court competent to deal with question relating to execution, discharge and satisfaction of
a decree? Can an Court executing a decree, go behind the decree? Is so, under what circumstances?
[RJS 1977]
34. In what manner a decree for delivery of possession against a tenant or any other person entitled to
occupy the same can be executed?
Does a certificate of sale of immovable property give any warranty of title to the purchaser? [RJS 1977]
35. How can a decree be enforced in the following-
(a) A decree for specific performance of contract.
(b) A decree for restitution of conjugal rights. [RJS 1976]
36. What remedies are available in the following cases?
(a) To the decree holder in whose favour a decree for sale or delivery of immovable property has been
passed but such property is situated outside the jurisdiction of the Court which passed the decree.
[RJS 1974]
37. Discuss the law relating to rateable distribution on the assets of a judgment debtor which are in the
custody of the court.
Decree holders A, B and C had applied for the execution of their several decrees against the judgment
debtor Y.P another person sues Y in the same court for money due and applied for the arrest of Y before
judgment. Y pays the required amount in the court to avoid arrest. Is this amount liable for rateable
distribution among the decree-holders? Discuss. [RJS 1970]
38. Which properties are liable for attachment and sale in execution of a decree and which properties
cannot be attached in execution of a decree? [MPJS 2016]
39. When can the Court which passes the decree send it for execution to another Court. In such a case what
are the powers of Transferee Court? [WBJS 2016]
40. 'The Executing Court cannot go behind the decree. However, it does not mean that the Court has no
duty to find out the true effect of the decree'. [GJS 2017]
41. (a) 'X' obtains a decree against 'A' and attaches A's property in execution of the decree 'Y',. Who
holds a decree against 'A' and 'B', applies for the execution of his decree by attachment and sale of
A's property which is attached in execution of X's decree. Whether 'Y' is entitled to share in the
proceeds of the sale of A's property. [HPJS 2015]
(b) Discuss the procedure for setting aside the sale under the execution of a decree. [HPJS 2015]
42. Explain the garnishee order. What is its object? What conditions are necessary before passing of garnishee
order? [HPJS 2016]
43. Under which provision of Code of Civil Procedure, restoration or setting aside of orders passed ex parte
can sought-regarding an application filed under Order XXI of CPC which has been dismissed for non-
appearance or decided ex parte? [RJS 2015]
44. Discuss the laws relating to arrest and detention of judgment debtor in execution of decree under
Order XXI? [MPJS 2017]
CIVIL PROCEDURE CODE 29
45. (a) “How a money decree can be executed?
(b) ”Can an Executing Court go behind the decree? Give reasons. [DJS 2019]
46. Write short note on “Garnishee Order”. [JJS 2019]
47. Explain the concept of Precept under the Code of Civil Procedure and also the circumstances under
which an order for attachment before judgment, is passed by a civil court. [HJS 2019]
48. Enumerate various properties which are exempted from attachment in execution of decree under CPC,
1908? [BJS 2020]

Chpter 21 - Commission (Section 75-78, Order XXVI)

1. The plaintiff sued in forma pauperis. The defendant applied for appointment of a Commissioner
for examination of his witnesses at Bombay and Meerut. The plaintiff says he has no means to go
with his counsel and cross examine witnesses at Bombay and Meerut unless the defendant is asked
to defray his expenses. The defendant contended that under Order 26 Rule 15 C.P.C. he can be
directed to pay a reasonable sum for “the expenses of the commission” this expression does not
include the expenses of the other party. Should the plaintiff get his expenses? Give reason for
allowing or disallowing his request. [DJS 1991]
2. A commission under Order 26 rule 2 C.P.C was issued by a Delhi Court to District Judge Lucknow for
examination of a witness at Lucknow. The same was not executed and no reply was received for about
a year. Therefore, the Court suo moto cancelled the previous commission in exercise of inherent powers
and appointed an advocate to go to Lucknow and record statement of witness. Is order of cancellation
of previous commission correct? [DJS 1973]
3. Discuss the provisions of the Civil Procedure Code regarding the issue of Commission. Illustrate you
answer. [UPJS 1985]
4. Describe the principal features of-
(i) Commissions to examine witnesses [RJS 1986]
5. A filed a suit against his brother, for declaration of title, partition and other relief. The evidence of C,
who happens to be the uncle of both the parties, is considered to be very vital. C appears to be too
senior a person and is also severely ill. It is apprehended that he may not survive for long. Suggest a
remedy for A so that the evidence of C may be recorded and utilized in the suit. [OJS 2009]
6. Discuss the provisions of the Civil Procedure Code relating to the issue of Commission. Also give
suitable illustrations. [UPJS 2019]

Chpter 22 - Supplemental Proceedings (Temporary Injunction)

(Secs. 94 & 95 and Order XXXVIII, XXXIX & XL)
1. Plaintiff, a sports broadcaster in India, approached the Court with the plea that it has exclusive Television
Rights, Radio Rights, Mobile Transmission Rights and Broadband Internet Transmission Rights in
respect of 2014 Cricket World Cup, which the plaintiff secured by making substantial investments. It
is the case of the plaintiff that given the significant investments made by the Plaintiff by giving exclusive
transmission rights, it is imperative for the plaintiff to ensure that its exclusive and statutory rights are
not infringed by the websites which have not made any investments in acquisition of such rights.
Plaintiff seeks ex-parte injunction against not only some known broadcasters and websites but also
against unknown entities to restrain them from hosting, streaming, broadcasting, rebroadcasting,
retransmitting, exhibiting, downloading and so on.
30 Law is nothing but Common sense and Logic – A.K. Ranjan

Decide the prayer for ex-parte injunction. [DJS 2014]

2. Write short note on the following:
(a) Temporary Injunction under the CPC [DJS 2014]
3. A entered into an agreement to sell his house to B. It was a term of the said agreement that upon failure
of A to perform his part of the agreement, he shall be liable to pay to B double the amount of earnest
money paid by B to A at the time of agreement to sell. The sale was to be completed on or before 15th
January, 2008. A failed to perform his part of the agreement. B instituted a suit in or about first week
of February, 2008 for permanent injunction against A for restraining A from selling the property to
any other person. Interim injunction was not granted to B. B thereafter did not pursue the said suit
and withdrew the said suit in or about March, 2008. B thereafter wrote to A that since A was in breach
of agreement. A should pay double the amount of earnest money to B. A did not reply to the said
letter. B thereafter in or about 1st week of August, 2008 instituted a suit for specific performance of
agreement to sell against A and filed an application under Order 39, rules 1 and 2, CPC for restraining
A during the pendency of the suit for selling the property. Decide the said application. [DJS 2008]
4. The local authority of a city has developed a tourist spot in the city where artisans from different parts
of the country are allowed to come from time to time, for six months at a time exhibit and sell their
wares. The artisans are allotted shops of different sizes and are permitted to either remain in the said
shops during nights also or to lock the same for security of their artifacts stored in the said shop. At the
time of allotment the artisans are made to sign a standard form agreement in which the artisans are
described as the licensee and the local authority as the licensor. The artisans have to pay the monthly
charges besides common electricity and water charges for use of the said shops for the period of their
licence and the said charges are described as the license fee. It is also a term of the standard form
agreement that nothing shall construe the said artisans as the tenants of the authority in the shops
allotted to them and that the control and possession of the said shops shall be deemed to remain with
the local authority. One set of artisans who are allotted shops at the said spot, nearing the completion
of six months of their allotment, together institute a suit against the authority contending that they
are in exclusive possession of their respective shops and were made to sign for the reason of having no
negotiating power and having no other venue to exhibit or sell their wares and that otherwise by virtue
of payment of monthly charges, electricity and water charges, they have become a tenant of the authority
in their respective shops and for restraining the authority from forcibly dispossessing them from their
respective shops and from allotting the said shops to any other person. They also apply under Order
39, rules 1 and 2, CPC for the same relief. Decide the said application of the plaintiffs. [DJS 2008]
5. A institutes a suit against B for the grant of permanent injunction restraining B from demolishing the
boundary wall separating the open areas in front of adjoining houses of A and B. Vide interim order in
the said suit, B is so restrained. While B is travelling abroad, her husband C demolished the said wall
in violation of order of interim injunction. A files an application under Order 39, rule 2A CPC against
C. Whether C is liable under Order 39, rule 2A of the CPC? [DJS 2008]
6. Is a Trespasser entitled to the injunction from civil court against rightful owner of a house? If so, when?
[DJS 2005]
7. A constructed a house for B under an agreement. B revoked the agreement complaining that the work
was incomplete, shoddy and grossly delayed. A filed a suit for wrongful termination of contract and for
recovery of Rs. 50 lacs allegedly outstanding for the work done. B also filed suit for recovery of Rs. 12
lacs allegedly overpaid and for permanent injunction. He filed an application for grant of ad interim
injunction under Order 39 Rule 1 and 2 C.P.C for restraining A from obstructing his entry in the suit
CIVIL PROCEDURE CODE 31
property and for restraining A from entering upon it. A resisting it contended that the construction is
complete and it was wrongful on the part of B to revoke the agreement; that a huge sum is outstanding
for the work done and he has a lien over the building; that his license cannot be revoked till his dues
are paid and that grant of temporary injunction will amount to decreeing the suit itself. Decide ‘B’s ad
interim injunction application. [DJS 1991]
8. What are the principles and considerations for exercising discretion to issue temporary injunctions
during the pendency of a suit. [DJS 1973]
9. Can such an injunction be issued only under Order 39, read with section 94 C.P.C or also in exercise
of inherent powers saved by section 151 C.P.C. Give reasons. [DJS 1973]
10. When can a temporary injunction be granted by a civil court? [UPJS 2006]
11. In what circumstances can the property of defendant be attached before judgment?
[UPJS 2006, HJS 2000]
12. Under what circumstances can a defendant be arrested before judgment and when can such order be
given? Explain also the procedure for such arrest. [UPJS 1992]
13. Under what circumstances can a defendant’s property be attached before judgment ? What will be the
procedure for such attachment. [UPJS 1992]
14. When can temporary injunction be granted by a civil? [UPJS 1984, 2016]
15. In what circumstances can the property of defendant be attached before judgment? [UPJS 1984]
16. Discuss the principles governing the appointment of Receivers. What are their powers and duties?
[UPJS 1984]
17. Can a Collector be appointed as a Receiver? [UPJS 1984]
18. Write notes on of the following:
(i) Temporary injunction [BJS 2011]
19. Explain the rules governing the grant of temporary injunction. [BJS 2000]
20. Write notes on “Attachment before Judgment” [BJS 1984]
21. Under what circumstances can a Court attach the property or part thereof of the defendant under the
relevant provisions of CPC? Identify the tests to be applied for granting temporary injunction to
preserve status quo under the relevant provisions of CPC? [HJS 2007]
2 2. Discuss the powers of the Court to grant temporary injunction. [HJS 1999]
23. Mr. X claims a right of light and air through two windows of his house which open towards Mr. Y’s
land. Mr. Y does not recognize this claim and starts constructing the house in such a way that Mr. X
will naturally get less light and air through the windows of his house. Mr. X wants to file a suit against
Mr. Y for some permanent relief and also wants an immediate relief during the pendency of such suit.
Advise what permanent and immediate reliefs may be claimed by Mr. X and under what provisions of
the statutory laws. What shall have to be pleaded and argued by Mr. X to insure the claim of an
immediate relief from the Court? [HJS 1996]
24. Discuss the provisions of the CPC regarding appointment of receiver. [HJS 1984]
25. Distinguish between temporary and perpetual injunctions. When can the court grant them?
[HJS 1984]
26. What relief has a defendant in law against an order of temporary injunction passed against him?
[OJS 2009]
32 Law is nothing but Common sense and Logic – A.K. Ranjan

27. Distinguish between a temporary and permanent injunction and between a prohibitory and mandatory
injunction. What are the basis on which a Court may decide to grant or refuse a prayer for temporary
injunction? [OJS 2008]
28. Write notes on “Ad interim injunction” [OJS 2004]
29. Write short notes on “Temporary Injunction” [OJS 1996]
30. The District Munsif has ordered the demolition of your client's building. The Plaintiff Decree holder
is taking out execution for the demolition of the building. Your client has not obtained copies of the
decree and Judgement of the trial Court. You prevent the demolition of the building till you obtain
order of stay from the Appellate Court? Describe procedure you would adopt in such a case.
[OJS 1984]
31. What are the essential ingredients for granting a temporary injunction? [RJS 2011]
32. What do you understand by an ‘interlocutory order’? [RJS 1999]
33. On what basis temporary injunction is issued in a suit? Can an injunction be issued without giving
notice of application to the opposite party? [RJS 1994]
34. What is the criterion to grant temporary injunction by a civil court? [RJS 1992]
35. Explain attachment before judgment? [RJS 1992]
36. Under what circumstances may a court order attachment before judgment? [RJS 1988]
37. Describe the principal features of-
(i) Attachment before judgment (Refer attachment before judgment page 259)
[RJS 1980-81, GJS 2017]
38. What are the conditions upon the fulfilment of which the Court may grant a temporary injunction
under Order 39 Rule 2 of the Code of Civil Procedure? Has the Court any inherent jurisdiction to
grant injunction in circumstances which are not covered by Order 39 of Code? What is the remedy for
disobedience of an order of injunction? (Refer Temp. Injunction page 261) [RJS 1977]
39. What are the circumstance under which the Court can appoint a receiver under Order 40 Rule 1 of the
Code? Can a receiver be appointed in suit for-
(i) Partition of joint family property?
(ii) Dissolution of partnership and rendition of accounts? If not, give reasons. [RJS 1977]
40. Discuss the circumstances and grounds on which a temporary injunctions can be granted? What are
the consequences if such injunction is not complied with? [RJS 1976]
41. Write short notes on “Attachment before judgment.” [RJS 1974]
42. Define Injunction. Explain the grounds and principles for grant of Temporary Injunction.
[MPJS 2015]
43. Under what circumstances can be property of defendant be attached before judgment. [UPJS 2016]
44. Discuss the conditions necessary for obtaining an order of attachment before judgment.
(a) Is a trespasser in possession entitled to get an order of injunction against true owner?
(b) Whether Court can grant order of injunction on the basis of plaint averment, if original sale deed
not produced? [WBJS 2016]
45. Mention the various types of injunctions and discuss how far it is correct to say that injunction is
purely a preventive relief. [GJS 2017]
46. (a) Enumerate the essential principles for grant of Temporary Injections and quote relevant Provision
of law this regard.
CIVIL PROCEDURE CODE 33
(b) Two brothers are residing in one house consisting of ground floor only and both are having two
rooms each. There is a common courtyard in the house. However, both the brothers are having
strained relations with each other. Elder brother wants to construct a partition wall in the common
courtyard which is resisted by the younger brother. The younger brother had to go out for urgent
work with his family. In his absence the elder brother along with his wife constructed a wall in the
courtyard dividing the house into two portions. On return, the younger brother demolished the
common wall which was again reconstructed forcibly by the elder brother. The younger brother
again tried to demolish the wall. A few days later, the elder brother had gone out along with his
family and in his absence, the younger brother and his major son demolished the wall in volition
of the ex-parte injunction granted by the Court. On return, the elder brother filed an application
under Order XXXIX Rule 2A CPC against the younger brother and his major son. Whether the
major son of younger brother is liable under Order XXXIX Rule 2A of the CPC? [DJS 2019]
47. What is temporary Injunction? When and in what matters temporary injunction can be granted?
[BJS 2020]

Chpter 23 - Death, Marriage & Insolvency of Parties

(Order XXII)
1. A applies for execution of a decree for possession against B. During the pendency of the said execution,
B dies on 10th March, 2008. A applies on 10th September, 2008 for substitution of legal representatives
of B in the execution. Is the said application within time? Give reasons also. [DJS 2010]
2. B, defendant in a suit did not appear despite service of summons and was proceeded exparte. He died
during pendency of the suit. Instead of seeking impleadment of his legal representatives, plaintiff files
an application seeking exemption from substituting the legal representatives of B. Decide. [DJS 2005]
3. Write short notes on of the following-
(a) Abatement of suits. [BJS 1978, RJS 1979]
4. When does the suit stand abated? What do you understand by complete and partial abatement?
[HJS 1998]
5. In what circumstance is there a necessity to make the legal representative of a deceased plaintiff or
defendant party in the suit ? What happens to the suit if no step is taken ? A husband instituted a suit
for restitution of conjugal rights against his wife; in course of the proceeding the wife died. Has the
husband any legal obligation to make the legal representative of the wife a party in the suit? Explain.
[OJS 2009]
6. A instituted Title Suit No. 14 of 2004 before the Third Court of Civil Judge (Junior Division),
Sambalpore, against B and his son S, for declaration of title, in respect of a property described therein,
and for permanent injunction and other relief. When the suit was pending B died, leaving behind him
his wife W, son S, and daughter D. What steps need to be taken in such circumstances and by whom
and how early? What happens to the suit if no step is taken? [OJS 2008]
7. Describe the procedure for bringing on record the legal representatives in case of the death of a plaintiff
or defendant. What result would ensure if the legal representatives of the defendants if there are more
than one defendants and one of them dies? [RJS 1974]
8. "Under Order 22 Rule 10, CPC, when there has been an assignment or devolution of interest during
the pendency of the suit, the suit may, by leave of the court, be continued by or against person to or
upon whom such interest has been assigned or devolved and this entitles the person who has acquired
an interest in the subject matter of the litigation by an assignment or creation or devolution of interest
34 Law is nothing but Common sense and Logic – A.K. Ranjan

pendent Ike or suitor or any other person interested, to apply to the court for leave to continue the
suit. When the plaintiff assigns / transfers the suit during the pendency of the suit, the assignee is
entitled to be brought on record and continue the suit. Order 22 Rule 10, CPC enables only continuance
of the suit by the leave of the court. It is the duty of the court to decide whether leave is to be granted
or not to the person or to the assignee to continue the suit." Elaborate and illustrate the principle with
reference to the judicial trends, especially judgment of the Supreme Court of India in Life Insurance
Corporation of India vs. Sanjeev Builders (Pvt.) Ltd. (decided on 24th October, 2017).[HPJS 2018]

Chpter 24 - Withdrawal & Adjustment of Suits (Order XXIII)

1. The court makes efforts for amicable settlement in a suit. Amicable settlement is arrived at between the
parties, the broad terms whereof are recorded by the court in its order. The matter is adjourned for
filing of an application under Order XXIII Rule 3 of the CPC by the parties. However, the defendant
does not join in the said application. The plaintiff applies for decreeing the suit in terms of the
compromise recorded in the earlier order of the court. The defendant opposes. Decide. [DJS 2010]
2. Plaintiff filed suit against S (widow of his brother) for declaration of title to the suit property, to put
him in possession and for arrears of rent with further mesne profits. Suit was decreed on 05.09.1983.
Three days thereafter, the plaintiff sold the suit property to B. That widow filed appeal. During
pendency of the appeal, B was impleaded as respondent under Order XXII, Rule 10 C.P.C. since the
property in suit had been assigned to him. The plaintiff filed an application for dismissing the suit as
not pressed as he had compromised the dispute with S and wanted the compromise to be recorded. It
is opposed by B contending that he being transferee-pendente lite was virtually interested in decree
remaining intact. Plaintiff contended that under Order 23 Rule 1 C.P.C., he has right to compromise
suit with S against whom he had filed suit and he cannot be forced by any of the parties to continue to
prosecute the suit. Decide the application of the plaintiff. [HPJS 2017, DJS 1999]
3. Can a plaintiff abandon his suit against some of the defendants in respect of part of his claim against
them? What happens to such a right of withdrawal of suits, if the plaintiff is a minor? When can a
Court accord permission to a plaintiff to withdraw from his suit, or such part of claim with liberty to
institute a fresh suit in respect of subject matter of such suit, or such part of the claim? [OJS 2010]
4. A’s suit against B was decreed on compromise on certain terms at the intervention of their common
friend C. Subsequently B felt that there had been misrepresentation and the terms of compromise had
gone against his interest. Can he prefer an appeal against the said decree? [OJS 2009]
5. State the law as laid down in the Code of Civil Procedure relating to the withdrawal of a suit. Can the
plaintiff after withdrawal bring another suit on the same cause of action? If so, under what circumstances?
[RJS 1988]
6. A party to a suit states in a court that the suit has been compromised. Discuss the procedure for
securing an order recording the compromise getting decree in accordance thereof. [RJS 1971]
7. Ramlal filed a partition suit against his father Nanak and two brothers, namely Kishori and Kannihya
in respect of joint family property comprising of four houses (i.e. 'P', 'Q', 'R' and 'S'). All three
defendants appeared and filed their respective written statements. However, thereafter Kishori stopped
appearing and was proceeded ex-parte. During the further proceedings, before the trial commenced,
the parties that were contesting filed an application for compromsise along with a compromise deed,
inter alia, declaring as under :
(a) That the property 'P' belonged exclusively to Ramlal, the others having no claim or concern with or
interest in it.
CIVIL PROCEDURE CODE 35
(b) That property 'Q' belonged exclusively to Nanak, the others having no claim or concern with or
interest in it.
(c) That property 'R' belonged exclusively to Kishori, the others having no claim, or concern with or
interest in it.
(d) That property 'S' belonged exclusively to Kannihya, the others having no claim or concern with or
interest in it.
(e) That the parties are in separate & exclusive possession of the properties respectively belonging to
them and further that they have obtained separate and exclusive possession respectively of the
properties respectively allotted to their shares.
The trial court, after recording the statements of the said parties was satisfied and accepted the petition
of compromise, and passed a compromise decree on 03.04.1964, treating Kishori as ex-parte.
Kishori later filed an application under Order 9 Rule 13 of the Code of Civil Procedure, 1908 through
his son & special attroney Sudama, on which notices were treating were issued. However, before
effective proceedings could take place on the said application Kishori died. No steps were taken in
terms of Order 22 CPC and the said proceedings were closed.
In the year 1973, Sudama, son of late Kishori, brought a fresh suit for partition, also seeking declaration
that the earlier decree had been obtained by fraud, also contending that no proceedings had been
initiated for any follow up on the decree based on compromise.The defendants in the above mentioned
suit of Sudama, namely Ramlal that Nanak and Kannihya, contested this suit contending that the
partition had effectuated in terms of the compromise decree attaining finality.
The arguments raised by Sudama are :
1. The compromise decree was non est as Kishori was not a party thereto.
2. The parties to the first suit had not brought any application for final decree of partition to be
passed; and
3. That with no execution application having been moved, the compromsie decree has not given effect to
any partition.
The defendants in the suit assert that they are in exclusive possession of the respective properties,
which fell to their share in terms of the partition under the compromise decree and the same has
attained finality. Decide. [DJS 2015]
8. Explain the compromise of suit. What conditions must be satisfied before a consent decree is passed?
[HPJS 2016]

Chpter 25 - Appeal
1. Two suits were filed by the plaintiff against the defendant and the issues in both the suits were
common. The suits were decreed on merits, after trial, by a common judgment. Two appeals had been
filed. One of the appeals was dismissed as barred by limitation. What is the effect of this dismissal on
the other appeal? Discuss giving reasons. [DJS 1982]
2. Discuss the concept of “Substantial Question of Law” on which the second appeal is filed before the
High Court under Section 100 of Civil Procedure Code. Whether the second appeal can lie in the
following cases? Give exact answer with reasons:
(a) Ex parte decree
(b) Decision being contrary to law
(c) Legal inferences drawn from finding of fact.
(d) Usages having force of law. [UPJS 2000]
36 Law is nothing but Common sense and Logic – A.K. Ranjan

3. ‘Unless a right of appeal is clearly given, by statute it does not exist.’ Comment can an appellate court
reverse a decree on the ground of misjoinder of parties? [UPJS 1986, HJS 2001]
4. Write notes on Second appeal. [BJS 2011, BJS 2006]
5. Discuss the provisions of the Civil Procedure Code relating to First Appeal and Second Appeal. Whether
a new plea can be raised in an Appeal? [BJS 1987]
6. Decide as to the Court in which appeal shall lie in the case of the following decrees:-
(i) A decree in 1960 where the original suit is valued at Rs. 4,000/-
(ii) A decree in 2007 where the original suit is valued at Rs. 2,50,000/- [HJS 2013]
7. An application is made to a court of first appeal to admit an appeal from the original decree after the
expiration of the period of limitation. Even though the Court has the power, on sufficient cause being
shown to admit the appeal, it refuses to do so holding in the exercise of it’s discretion that their did not
exist sufficient cause for not presenting the appeal within the prescribed time. Can this be a ground for
second appeal? [HJS 1988]
8. Can additional evidence be taken by appellate court? [HJS 1984]
9. Can appellate court send a case to trial court for recording additional evidence? [HJS 1984]
10. What relief in law does a litigant possess, if he is aggrieved by a decree, an order, and an appealable
order? [OJS 2010]
11. Enumerate five orders from which appeal shall lie. Narrate the differences between appeal made under
Section 96 and Order XLI and an appeal made under Section 104 and Order XLIII of the Code of
Civil Procedure, 1908. [OJS 2010]
12. Answer from the following questions along with a brief explanation for such answers:-
(i) Is allowing an application for appointment of a receiver appealable?
(ii) Is allowing an application for a temporary injunction appealable?
(iii) Is rejection of an application praying for amendment of a plaint appealable? [OJS 2010]
13. Specify the powers of an appellate court under the Code of Civil Procedure. [OJS 2009, RJS 1986]
14. Distinguish between the scope of an appeal from a decree passed by a court in exercise of original
jurisdiction and a second appeal. [OJS 2008]
15. A’s title suit was decreed on contest against B. B preferred an appeal against the said decree and the
appeal was allowed ex parte. Can A prefer any further appeal against the said decision? [OJS 2008]
16. In Title Suit 22 of 2006, A got an order of temporary injunction. As against the said order B preferred
an appeal, which was allowed, according to A’s contention, on a misdirected application of law. Can A
prefer further appeal against the said decision? [OJS 2008]
17. Write a short note on cross-objection and compare the same with cross appeals. [OJS 1984]
18. Describe the grounds on which the first and second appeal may be preferred. [RJS 1999]
19. On what grounds and in which court second appeal shall lie? [RJS 1986]
20. State, giving reasons the remedies available to A is the following cases-
(a) An ex parte decree is passed against A.
21. When does an appeal lie to the Supreme Court from a civil proceeding of a High Court? [OJS 2016]
22. What is meant by substantial question of law? Elaborate with reference to provisions and law relating
to second appeal. Whether an additional evidence can be entertained by the high court in the second
appeal? [JHJS 2017]
23. Explain the rules relating to the appeals to the Supreme Court under the Code of Civil Procedure. What
is the effect of forty fourth constitutional amendment in this regard? [HPJS 2016]
CIVIL PROCEDURE CODE 37
24. Describe the provisions of Order XLV of the Civil Procedure Code dealing with Appeals to the Supreme
Court. [HPJS 2018]

Chpter 26 - Reference, Review & Revision

1. The application of the plaintiff under Order 39 Rules 1 and 2 of the CPC was dismissed by the Trial
Court. The plaintiff preferred an appeal against the said order. However, after some arguments the
appeal was dismissed as withdrawn. The plaintiff thereafter applied to the Trial Court for review of the
order of dismissal of the application. The defendant took a preliminary objection that an appeal having
been preferred and withdrawn, the plaintiff was not entitled to apply for review. Decide the said
preliminary objection to the maintainability of the review. [DJS 2010]
2. A civil court of original jurisdiction passes an order in a suit against the defendant. Although such an
order is appealable before the District Judge, but the defendant files revision petition against such
order before the High Court. The High Court after hearing both the parties reverses the aforesaid
order. Discuss. [UPJS 2013]
3. The Court of Civil Judge, Allahabad, decrees a suit on March 1, 2012 on the ground of a question of
law, in favour of the plaintiff. On March 2, 2012 Allahabad High Court in another case, which was
pending before it since 15 years, reverses its earlier view on the aforesaid question of law. The defendant
files a review application before the aforesaid Civil Judge on the aforesaid ground. Decide.
[UPJS 2013]
4. Distinguish among Appeal, Revision and Review and explain the following:
(i) Can the Court review suo motu or on its own motion its own decision?
(ii) Can a superior Court direct an inferior court to review its previous decision? [UPJS 2006]
5. Analyse the grounds, procedure and powers of the High Court in relation to “Reference” and “Revision”.
[UPJS 1997]
6. Explain the distinction between Review and Revision, Second Appeal and Revision. [UPJS 1988]
7. Explain the provisions of the Civil Procedure Code, 1908 regarding Reference, Review and Revision.
[BJS 2006]
8. Write notes on of the following:-
(a) Difference between revision and appeal. [BJS 1984]
9. Discuss the provisions of the Civil Procedure Code relating to Review and Revision. [BJS 1980]
10. State the circumstances in which a person aggrieved by the judgment of the court may apply for review
of it’s judgment? [HJS 1998]
11. Distinguish between appeal, revision, review and reference. Can there be a second review or second
revision? [HJS 1996]
12. State the grounds on which a civil court may review a judgment. [RJS 1992]
13. Which court has jurisdiction to hear revision of civil cases? [RJS 1991]
14. On what grounds and in which court a revision shall lie? [RJS 1988]
15. Write short notes on of the following:-
(a) Review of judgment [RJS 1975, RJS 1974]
16. State the categories of cases in which a High Court is prohibited from exercising its revisional power.
[OJS 2016]
17. Distinguish between 'Review' and 'Revision'. [WBJS 2016]
38 Law is nothing but Common sense and Logic – A.K. Ranjan

18. “An error apparent on the face of record can be corrected in review proceedings”. Elaborate. Whether a
party can apply for a review in an ex parte decree granted by the competent court? [JJS 2016]
19. Explain the concept of Remand and Partial remand under the Code of Civil Procedure. [HJS 2019]
20. Distinguish between Appeal, Revision, Review and Reference [GJS 2018]
21. Distinguish between Review and Revision. [BJS 2020]

Chpter 27 - Stay of Suits (Res Sub Judice) (Section 10)

1. Write short notes on the following:-
(i) Stay of suit under Section 10 CPC [DJS 2006, OJS 2004]
2. On basis of promissory note dated 1.2.80, ‘A’ filed a suit against ‘B’ on 2.3.81. Subsequently on basis
of another promissory note, while the earlier suit was pending ‘A’ filed another suit on 7.4.81 against
‘B’. Both the suit was contested by ‘B’ and he denied the execution of both the promissory notes. B
filed an application for stay of the subsequently instituted suit under section 10 of the Code of Civil
Procedure. How will you decide the application? [DJS 1984]
3. Does the Code of Civil Procedure make any provision for preventing courts of concurrent jurisdiction
from trying at the same time two parallel suits in respect of the same matter in issue? If so, what?
Discuss. [UPJS 1986, HJS 1999]
4. What is ‘res sub-judice’? [RJS 2011]
5. Explain the principle of res subjudice and its utility in civil adjudications. [BJS 2016]
6. No appeal can lie against an order of stay under Section 10 of CPC. [HPJS 2018]
7. An application for revision can lie against an order of stay under Section 10 of CPC. [HPJS 2018]

Chpter 28 - Res Judicata (Section 11)

1. ‘A’ filed an eviction petition against her tenant ‘B’ before the Rent Controller Delhi. On the plea of ‘B’,
the Rent Controller dismissed the Petition on the ground that it did not have the jurisdiction to
entertain the Petition.
‘A’ did not challenge the decision of the Rent Controller and filed a suit before the Civil Court Delhi
for possession and mesne profits till the handing over of the possession. This time ‘B’ contended in the
written statement that the Civil Court did not have the Jurisdiction to entertain the suit it fell within
the jurisdiction of the Rent Controller.
‘A’ claims that ‘B’ was stopped from taking inconsistent plea regarding jurisdiction and that decision of
the Rent Controller would operate as res judicata on the issue of jurisdiction. Further, once a decision
had been given by the Rent Controller, it would inappropriate for the Civil Court to review the said
finding.
Decide, whether ‘B’ is barred by the principles of estoppel and also whether decision of the Rent
Controller on the issue of jurisdiction would operate as res judicata in the subsequent suit filed by ‘A’
in the Civil Court. [DJS 2014]
2. What is the difference between res judicata and constructive res judicata? Which provision of CPC
contains the principle of constructive res judicata? [DJS 2007]
3. ‘B’ and ‘S’ were defendants in a suit filed on the original side of the High Court for recovery of
possession of the suit property. The suit was dismissed by the Single Judge and the Plaintiff carried an
appeal to a Division Bench. In the appeal, both ‘B’ and ‘S’ were respondents. The Division Bench
allowed the appeal. As respondents before the division bench, both ‘B’ and ‘S’ were aggrieved by the
CIVIL PROCEDURE CODE 39
decree against them. ‘B’, the present appellant, filed an SLP and thereafter ‘S’ also filed an SLP. Both
in the matter of filing the SLP and granting of leave, ‘B’s appeal was prior. The appeal filed by ’S’ was
dismissed for default for non-removal of office objections. It was contended by the respondent-plaintiffs
before the Supreme Court that inasmuch as the appeal filed by ‘S’ was dismissed by the Supreme
Court for non-prosecution, the judgment of the Division Bench of the High Court would operate as
Res Judicata. It was urged that the judgment and the decree had become final against “B” and all other
defendants in the original suit. It was further contended that even otherwise the appeal should be
dismissed as it may result in conflicting decrees. That is, if the present appeal were allowed, resulting
in setting aside the decree or making any modification thereof, it would result in the anomalous
situation of there being conflicting decrees between the same parties, arising out of the same cause of
action. Whether on the plea of the respondent-plaintiffs those principles of res judicata will apply to
bar the appeal as not tenable? [DJS 2007]
4. A filed a civil suit for ejectment and arrears of rent against B,C and D alleging that his tenant B was in
arrears of rent and C and D were his sub-tenants. Only C and D contested it. Trial Court decreed the
suit decreed for arrears of rent against B. It was held that C and D were not sub-tenant. Only B filed
appeal which was dismissed but the appellate court while observing that any evidence led by C and D
could not be read against B further observed that it appeared that C and D being closely related to B
were in possession on his behalf. A filed second suit for ejectment and arrears of rent now pleading,
interalia, that C and D were licensees of B and that the judgment of the appellate court in earlier case
will operate as res-judicata. Is the plea of A about res-judicata correct? Give reasons for your view?
[DJS 2006, 1991]
5. Write short notes on “Applicability of Res Judicata to consent decrees” [DJS 2006]
6. A litigant filed a complaint before the Bar Council of Delhi against his advocate alleging negligence.
This complaint was dismissed. Aggrieved by the dismissal order of State Bar council, A filed revision
before Bar Council of India. This revision was also dismissed on merits by speaking order. Subsequently,
A filed a civil suit for damages based on negligence of B. Will decision of Bar Council of India operate
as res judicata in this suit? Discuss the law and decide with reasons. [DJS 2006]
7. A filed suit against B for recovery of arrears of rent. B claimed that there was no relationship of landlord
and tenant between the parties. The trial court decided against A. He filed an appeal against the
judgment, but during appeal, he withdrew the suit with liberty to file fresh suit on the same cause of
action. He then filed a fresh suit on the same cause of action. The defendant contested the suit and
claimed that finding of trial court in the previous suit operates as res-judicata. Decide. [DJS 2005]
8. A was tenant in the building belonging to X. X sold the building to B vide Ex. P1 Sale Deed dated 23-
01-1989. On this footing, B filed eviction petition against A in 1990 on ground of non-payment of
rent. In written statement, A alleged that the building was actually purchased by B’s father as per Ex.
P1 and B was only a name lender therein and was not entitled to rent or eviction order. After trial court
found that B was the real owner pursuant to Ex. P1and was entitled to rent. However the suit was
dismissed as A deposited the arrears of rent, which were allowed to be withdrawn by B. In 1994, B
filed suit for A’s eviction on the ground of bonafide requirement. A contested the suit on the ground
that B was only benami to his father in Ex. P1 and the sale was void being forbidden by The Benami
Transaction (Prohibition) Act. B’s contentions are that the there is a bar of res judicata in reagitating
issue regarding his title to the building; that the party, who wants to prove that recitals in Ex. P1are
untrue must bear the burden to prove it. Is there any merit in his contentions? Give your judgment.
[DJS 2000]
40 Law is nothing but Common sense and Logic – A.K. Ranjan

9. Landlady filed civil suit for recovery of possession and mesne profit from her tenant. Tenant pleaded
that Rent Controller, not the civil court, has jurisdiction to entertain eviction suit. The plea is legally
correct. But the landlady contended that her two earlier eviction petitions were rejected by the Rent
Controller on objection of the tenant that it was Civil Court and not the Rent Controller, which had
jurisdiction to entertain eviction suit against him as Rent Act did not apply on his tenancy. She has
pleaded that those judgments of the Rent Controller constitute Res Judicata between the parties and
the tenant cannot be allowed to approbate and reprobate and he is also stopped from taking inconsistent
pleas in the civil suit. Dispose of the pleas of tenant and landlady by a reasoned order.
[DJS 1991]
10. N, a sub inspector of Police in U.P. was dismissed from service by an order of the D.I.G of Police. N
filed a writ petition in the High Court at Allahabad for quashing the disciplinary proceedings on
ground that he was not provided a reasonable opportunity to meet the allegations against him and
action taken against him was mala fide. It was dismissed. N then filed a suit in Court of Civil Judge
Etah in which he challenged the order of dismissal on the ground, inter alia, that he had been appointed
by the Inspector General of Police and that the D.I.G. Police was not competent to dismiss him by
virtue of provisions of Article 311(1) of the Constitution. Suit was decreed on second appeal by the
High Court. State of U.P. filed an appeal against the judgment and decree of the High Court. Discuss
the merits of appeal giving reasons. [DJS 1980]
11. A mortgaged a property at Delhi to one K. A, B and C brought a suit for a declaration that each of B
and C were co-sharers of the property to the extent of 1/3rd and that therefore mortgage by A alone was
not binding on any of B and C. K contended that neither B nor C had any share in the property. That
contention was upheld and the suit was dismissed. Subsequently B and C brought a suit against A
claiming that each of them had 1/3rd share in the aforesaid property. A pleaded that the suit was barred
by res judicata on account of dismissal of their suit against K. Decide the plea of A, giving reasons.
[DJS 1976]
12. Write a judgment deciding the following case:
In 1936, A brought a suit against Orissa Government to the effect that as ruling chief of a place K (in
Orissa State) he was entitled to beds of certain rivers. That suit was dismissed by trial court. During
the pendency of his appeal in High Court, a compromise was arrived at, whereby in consideration of
admission of A that he was not a ruling chief but was merely a proprietor of an estate liable to pay land
revenue. Government gave up benefit of success in trial court and recognized A as proprietor of river
beds. In 1961, Orissa Estates Abolition Act, providing vesting of estate in Government was passed. A
apprehending loss of all lands, even other than river beds, filed a suit in 1962 to the effect that he was
ruling chief of K and as such his lands were not estates and could not be vested in Government.
Government raised pleas as under:
(i) Suit is barred by res judicata, because on basis of admission of A, it had been held in previous suit
that he was not a ruling chief.
(ii) Suit is barred by principles of Estoppel. [DJS 1973]
13. A, the owner of the shop and adjoining vacant site, brought a suit against B for recovery of Rs. 500/-
as arrears of rent on the allegations that B had been in occupation of the shop as his tenant at a rental
of Rs. 100/- per month and that he had not paid rent for 5 months.
B contested the suit and pleaded that he had been a tenant not merely in respect of the shop, but also
of the vacant site, at a rent of Rs. 100/- per month and that he had already paid the rent in suit. The
court framed the following issues:
CIVIL PROCEDURE CODE 41
(i) Whether the vacant site is included in the defendant’s tenancy?
(ii) Whether the defendant has already paid the rent in dispute?
The Court finally heard and decided these issues holding that the vacant site was included in the
defendant’s tenancy and the defendant has not paid any rent to the plaintiff.
Subsequently, A filed another suit against B for recovery of the vacant site on the allegation that the
defendant was a trespasser in the vacant site and that the decision on this point in the former suit was
res judicata. B replied that it could not be res judicata because the matter was not directly and
substantially in issue in the former suit.
How would you decide the controversy res judicata, confining your opinion to the interpretation of
words directly and substantially in issue? [DJS 1971]
14. ‘A’ files a suit for declaration that he is entitled to certain lands as heir of ‘B’. The suit is dismissed. Can
he claim, in later suit, title to the same property on the basis of adverse possession? Explain.
[UPJS 2012, HJS 2000]
15. “The Legislature and Judiciary have taken several steps to reduce multiplicity of suits and harassment
of defendants again and again, under Civil Procedure Code, 1908.”
Discuss the above statement with reference to sections 10, 11, 12 and Order 2 Rule 2 of the Civil
Procedure Code, 1908. [UPJS 2006]
16. ‘A’ is an inspector in Police Service. He is dismissed from service by the D.I.G. Police for in disciplinary
activities. ‘A’ files a writ in the High Court on the basis that no reasonable opportunities were given to
him for hearing and dismissal action was malafide. This petition was dismissed. After this, he instituted
a suit challenging Article 311(2) of the Constitution that he could be dismissed only by the I.G.
Police who was his appointing authority. Will he be successful in his suit? [UPJS 2006]
17. Explain the principle of res judicata between co-defendants. How resjudicata differs from res subjudice
and estoppels? [UPJS 2006, 2016]
18. Explain the doctrine of “Res Judicata” provided in Section 11 of the Code of Civil Procedure, 1908.
How is the doctrine of Res Judicata different from the rule contained in Section 10 of the said Code.
[UPJS 1997]
19. Explain the doctrine of Res-judicata. [UPJS 1988]
20. Explain the distinction of Res-judicata with Res-subjudice and Estoppel. [UPJS 1988]
21. Explain constructive res judicata. [UPJS 2012, 1986, HJS 1999, OJS 2000]
22. What is the principle of Res judicata and in what circumstances can principles be applied?
[UPJS 1984, BJS 2006]
23. A files a suit for declaration that he is entitled to certain lands as heir to ‘B’. The suit is dismissed. Can
he claim in latter suit title to the same properties on the basis of adverse possession?
[BJS 1986, HJS 2000]
24. (a) Discuss fully the conditions which are required to constitute a matter Res judicata. [BJS 1986]
(b) ‘A’ claiming to be entitled to a house as tenant of X, sues B for possession. B is joined as proforma
defendant. The suit is dismissed on finding that B is the owner of the house. X then sues B for
possession and B pleads that the finding in the previous suit on the issue of ownership operates as
Res Judicata. Is the plea valid? Give reasons. [BJS 1986]
25. It is not every matter decided in a former suit that can be pleaded Res Judicata in a subsequent suit.
Examine the condition which must be fulfilled to constitute a matter as res judicata. [BJS 1980]
42 Law is nothing but Common sense and Logic – A.K. Ranjan

26. Define Resjudicata. What are its objects? [BJS 1977]

27. ‘A’ files a suit against ‘B’ for evicting ‘B’ from a piece of land. ‘B’ puts up the contention that no notice
was given to ‘B’ for eviction and the land being ‘X’ land, he cannot be evicted. The court dismissed the
suit on the basis of the fact that notice was not given to evict. The court also concludes that the subject
land is not ‘X’ land. Subsequent to this, ‘A’ gives a notice to ‘B’ asking him to evict the land and on the
failure of ‘B’ to comply, institutes a suit against him. In the suit, ‘B’ seeks to contend that the land
being ‘X’ land, he cannot be evicted. Decide if the second suit by ‘A’ is barred by Res Judicata,
declaring therein the contentions to be raised by ‘B’ in this suit that it is so barred? [HJS 2013]
28. What is the difference between res sub judice in Section 10 and res judicata in Section 11 of the Code
of Civil Procedure, 1908? [HJS 2011]
29. In a previous ex parte decree against the municipality only. B who had obtained lease of the same land
from the municipality prior to the institution of such suit was not, however, made a party to that suit.
‘B’ brought a subsequent suit against ‘A’ and the municipality disputing A’s right to remain on the
land and interfere with the construction works. Will the decree passed in favour of ‘A’ operate as res
judicata against ‘B’ in the subsequent suit? [HJS 2010]
30. P, the mother of B, meanwhile files an independent suit against S, all of a sudden, claiming in the
plaint that her husband M had in fact entered into an agreement to sell with S on 23rd June 1990. The
decree obtained by S against B should be declared null and void. She claimed to be in possession of the
premises in question along with her son B. Therefore, her possession should not be disturbed by S
with, the help of the aforesaid fraudulent decree in which S failed to implead her. Discuss the
maintainability of P’s case in the light of section 11 of CPC. Also, advise S as to whether any extraordinary
remedies are available to him for getting P’s suit dismissed or stayed or finished without a protracted
trial. [HJS 2007]
31. Distinguish between Res Judicata and Res Subjudice. [HJS 2001 1998, GJS 2017]
32. (a) Discuss fully the conditions which are required to constitute a matter res-judicata & comment
upon the following statement. “A verdict against a man suing in one capacity will not stop him
when he sues in another distinct capacity”. [HJS 2000]
(b) A munsif decided in a maintenance suit that the husband had abandoned his wife and therefore,
the later was entitled to maintenance. Does the subsequent petition filed by the husband for
judicial separation under section 10 of the Hindu Marriage Act, 1955 operate as Res Judicata?
Give reasons for your answer. [HJS 2000]
33. A files a suit against B for possession of house X on the ground that the house belonged to deceased C,
who made a will of the house in his favour. A fails to prove the Will. Hence, his suit is dismissed. Now,
A files a fresh suit for getting the house against B on the new ground, not taken in the previous suit,
that he being the nearest heir of C is entitled to get the house. Is this suit maintainable? [HJS 1999]
34. A sues B to recover certain property belonging to the estate of C alleging that his (A’s) father had been
adopted by C’s brother D, to whom the property descended on C’s death. The suit is dismissed on the
ground that the adoption is not proved. A then sues B to recover the same property claiming it as C’s
bandhu. Is the suit barred as Res Judicata? [HJS 1988]
35. 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 State of X. The Court finds that A is not the adopted son of X
that he is entitled to the property under a 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 suit between A and B in which the
question of adoption is again put in issue? [HJS 1988]
CIVIL PROCEDURE CODE 43
36. What is the scope and object of the doctrine of res judicata? Discuss the conditions necessary for its
application in legal proceedings. [HJS 1986]
37. A, a Hindu, dies leaving a widow and a brother, B. The widow sues B for recovery of certain property
alleging that it was self acquired property of her husband, and that a will alleged to have been executed
by her husband and relied upon by B was a forgery. B alleges that the property was joint family
property and that on the death of A he became thereto by right of survivorship, but he does not claim
any title to the property under the will. The Court finds that the property was self acquired property
of A, and decree’s the widows claim. Subsequently B sues the widow to recover the same property from
her, now claiming the same as a devisee under A’s will. Is the suit barred as res judicata? [HJS 1986]
38. “It is in the interest of the State that there should be an end to litigation.’ Explain it in the light of
statutory, provision under C.P.C. [OJS 1998]
39. What is meant by ‘res-judicata’? [RJS 1999, 1976]
40. What is an estoppel? How does it differ from ‘Res Judicata’? [RJS 1992]
41. What is the difference between res judicata and estoppel? [RJS 1986]
42. State briefly and four of the following as to whether the principle of ‘RES JUDICATA’ would be
applicable-
(i) If the previous suit was dismissed for default;
(ii) To proceedings in execution of decree;
(iii) If the previous suit was compromised;
(iv) If the previous decision was given by a court having no jurisdiction;
(v) If the previous decision was erroneous in law. [RJS 1974]
43. Discuss whether the rule of res judicata laid down in Section 11 of the C.P.C. is exhaustive and can be
extended to execution proceedings also. Refer to decided cases. [RJS 1970]
44. Bansi (Plaintiff ) in possession of House No. P-53, Seelampur, Delhi (suit property) has filed a civil
suit on 05.01.2016 against Ramesh seeking declaration that he (Plaintiff ) is the owner of the Suit
property and for injunction against any interference in his possession, use or enjoyment thereof. The
suit is contested by Ramesh (defendant) on the basis of registered sale deed executed by the plaintiff
on 31.12.2010 transferring the suit property for consideration of Rs. Ten lacs in his favour. In the
pleadings, the following facts are admitted.
(a) The plaintiff had purchased the suit property for consideration of Rupees Eight Lacs from its
erstwhile owner in the years 2009.
(b) On 31.12.2010, the plaintiff in possession of the suit property, executed the sale deed relied
upon by the defendant.
(c) On 31.12.2010, simultaneous to the sale deed, the plaintiff also executed a rent-note indicating
the lease money to be Rupees. Ten Thousand per month, in respect of suit property in favour of
the defendant.
(d) The plaintiff issued cheques for amount of Rupees Ten Thousand each on 01.02.2011 and
01.03.2011, both of which when presented by the defendant returned dishonoured for want of
sufficient funds.
(e) The defendant instituted a suit under Order 37 of Code of Civil procedure, 1908 (CPC), on
01.06.2011 against the plaintiff that he is the owner and landlord, seeking recovery of rental on
the basis of two cheques. The said suit (former suit) was contested by the plaintiff, inter alia, on
the pleading that the sale deed and the rent note were same documents and that the true &
44 Law is nothing but Common sense and Logic – A.K. Ranjan

correct facts were that he being in urgent need of money for renovation of the newly acquired
house had raised a loan of Rupees Ten Lacs from the defendant and that the said document were
executed only as a security.
(f ) The civil court decreed the suit, inter alia, holding that the defendant is the owner and landlord
of the property qua the plaintiff.
The defendant in the suit for declaration & injunction moves an application under Order 7 Rule 11
CPC on the ground that the suit is barred by principle of res-judicata in view of the decision in former
suit. Decide. [DJS 2015]
45. Explain the rule of res judicata. Difference between direct res judicata and constructive res judicata.
[HPJS 2016]
46. Explain 'resjudicata' and 'stare decisis'. Distinguish between them. [HPJS 2015]
47. Trace out the genesis and development of the doctrine of resjudicata. What is the present state of
judicial precedent that has evolved in India on the application of the doctrine of resjudicata in its
magnitude and application to suits and writs? Support your response with an analytical view of the
case law. [HPJS 2017]
48. Distinguish between the concepts of res judicata and relinquishment of a part of a claim. [DJS 2018]
49. Ramesh Kumar-landlord filed a civil suit for recovery of possession and mesne profits against his tenant
Pawan Kumar. The tenant pleaded that he is governed by Rent Control Act and the Civil Court has no
jurisdiction to entertain eviction suit.
The landlord contended that his earlier eviction was rejected by Controller on the objection of the
tenant that it was the Civil Court and not the Rent Controller, which had jurisdiction to entertain
eviction suit against him as the Rent Act does not apply to his tenancy.
The landlord pleaded that the earlier judgment of the Rent Controller constituted res-judicata between
the parties and the tenant cannot be allowed to approbate and reprobate and is estopped from taking
inconsistent pleas in the suit.
Decide the pleas of the landlord and the tenant by a reasoned order. [DJS 2019]
50. Distinguish between Res judicata and Constructive Res judicata. Also, explain the provisions of
constructive res judicata in Civil Procedure Code, 1908. [JJS 2019]
51. Res Judicata and Estoppel [GJS 2018]
52. The Supreme Court of India in Canara Bank vs. N.G. Subbaraya Setty, decided on 20th April, 2018
observed: "In the present case, a belated review petition was filed after arguments were heard and
judgment reserved by the appellate Court. Would this Court have to await the outcome of the said
review petition before deciding whether the judgment is res judicata?" Elucidate the main procedural
issue involved in the matter as reflected by this observation in its possible facets and attempt a well
reasoned resolution of the issue in the light of the law and judicial precedent. [HPJS 2018]
53. Define the principle of “res judicata”. Explain the difference between “res judicata” and “estoppels”.
[TJS 2018]

Chpter 29 - Inherent Powers of Court & Ancillary Provisions

1. S filed for recovery of Rs.1500/- on the basis of a promissory note. B denied having executed the said
promissory note and that she and S were not even known to each other. She also gave an application
that S be called upon to identify her in an identification parade. In support of that application, it was
argued on behalf of B that under section 9 of Evidence Act facts which establish the identity is relevant
CIVIL PROCEDURE CODE 45
and inherent powers as saved by section 151 C.P.C. could be exercised for holding such parade. How
will you decide the application. Give reasons. [DJS 1973]
2. Discuss fully whether in the following cases the court has inherent powers:
(i) To order joint trial of suits
(ii) To correct its own mistake
(iii) To set aside an exparte decree. [BJS 1991, UPJS 1987 1983]
3. What errors in a judgement, decree or order can be corrected after signing and pronouncing the same
with out there being an application made for review? [UPJS 1985]
4. What do you understand by inherent jurisdiction of civil court? Do you agree with the view that ‘the
inherent power has not been conferred on the court, it is a power inherent in the court by virtue of its
duty to do justice between the parties before it?’ [UPJS 1983]
5. What do you understand by inherent powers of a Civil Court?
[BJS 1991, HJS 1984, UPJS 2006, 1987, JHJS 2016]
6. What is meant by right to lodge a caveat ? Can the life-time of a lawfully valid caveat be extended
beyond its statutory limit, with the aid of Section 148 of the Code of Civil Procedure, 1908? Explain
your answer with reasons. [OJS 2010]
7. A lodged a caveat against B on 1.3.2009. No suit was instituted on application filed by B against A till
29.5.2009. A still apprehends that B may institute a suit or file an application against A. Can A make
an application under Section 148 of the Code of Civil Procedure, 1908, praying for extension of the
caveat? [OJS 2009]
8. When can a person lodge a caveat in the court? What is the purpose of lodging a caveat? [RJS 1988]
9. Write short notes on the following:
(a) Inherent powers of the court [RJS 1979, RJS 1971, UPJS 1999, 1986]
10. (a) "Once a judgment is signed and pronounced by the court it becomes 'functus officio" Explain
with exception.
(b) 'A' files a suit against 'B' for the property 'X' and the court passes a decree for the property 'Y'.
When the time of appeal had elapsed the mistake is detected. Advise 'A' what options are available
to him?
(c) Explain the term 'caveat'. Discuss the right to lodge a caveat. [HJS 2015]
11. Explain the provisions of the code of civil procedure which deal with inherent powers of the courts.
What are the limitation on these powers? [HPJS 2016]

Chpter 30 - Restitution (Section 144)

1. Discuss the doctrine of restitution. [UPJS 1999]
2. Explain and illustrate the principle of restitution. Is an order granting restitution appealable?
[HJS 2001]
3. Who may apply for restitution? Against whom restitution can be granted? [HJS 2001]
4. Is allowing an application for restitution under Section 144 of the Code of Civil Procedure, 1908 a
decree? Discuss with explanation. [OJS 2010]
5. Write short notes on “Restitution” [HJS 2019, RJS 1986]
46 Law is nothing but Common sense and Logic – A.K. Ranjan

Chpter 31 - Alternative Dispute Resolution (Section 89)

1. What are the alternative methods of dispute resolution in the Civil Procedure Code, 1908?
[HJS 2011]

Chpter 32 - Miscellaneous
1. Mention the persons entitled to exemption from personal appearance in court under the Civil Procedure
Code. [BJS 2011]
2. Can a member of either House of Parliament, or a Member of Legislative Assembly or a Member of any
Parliamentary Committee be arrested and detained under the civil process. If no, under which
contingencies? [HJS 2010]
3. What persons are exempted from arrest under civil process? [HJS 1984]

Chpter 33 - Judgment Writing

1. On imaginary facts, draft a plaint and its written statement for recovery of Rs. 40,000/- advanced on a
Promissory note. [RJS 2011]
2. A has a right of way from his house over the land of B to the public highway. B obstructs A and his
servants passing along the way. A wants to bring a suit. Please draft a suitable plaint for him. Also
attempt a written statement. Frame issues and write a short judgment. [RJS 1976]
3. B makes a false representation to A that C is solvent and in good credit. A is induced to sell goods credit.
A is induced to sell goods to C on credit. C fails to pay. Can A bring a suit against C and B both and if
so. Please draft a plaint and also the written statement, frame issues and write a short judgment.
[RJS 1976]
4. ‘A’ alleges that he gave Rs. 50,000 to ‘B’ on 10.03.2015 by pronote for one year and it was agreed that
after one year ‘B’ will pay to him Rs. 60,000 for the discharge of the debt.
‘B’ alleges that on 1-04-2016 there was an agreement between him and A’s son, ‘C’ and it was agreed
that ‘B’ would pay Rs. 50,000 to ‘C’ for the full discharge of debt of ‘A’. ‘B’ also alleges that he paid Rs.
50,000 to ‘C’ by cheque. ‘A’ denied any agreement between ‘B’ and ‘C’ regarding his debt and also
alleges that payment by ‘B’ to ‘C’ of Rs. 50,000 was on account of debt of ‘C’.
Now ‘A’ wants to file the suit against ‘B’ for the recovery of Rs. 60,000:
(a) Draft a plaint on behalf of ‘A’
(b) Draft a written statement on behalf of ‘B’
(c) Write judgment deciding the suit. [HPJS 2016]
5. ‘A’ alleges that he entered into an agreement with ‘B’ on January 10, 2014 at Shimla. In the agreement
‘B’ contracted to sell to ‘A’ his house for rupees ten lakh. An amount of rupees fifty thousand was paid
by ‘A’ to ‘B’ as earnest money at the time of agreement. ‘A’ also alleges that he was ready and willing to
perform his part of the contract and on May 15, 2014 he tendered rupees nine Lakh fifty thousand, the
balance amount of consideration to ‘B’ and called upon him to execute a sale-deed. But ‘B’ refused to
do so. ‘B’ denied that he entered into any agreement to sell his house to ‘A’ on January 10, 2014 or any
other date. He also denied about any earnest money paid to him by ‘A’. ‘B’ further alleges that he
already entered into an agreement with ‘C’ for selling his house on December 15, 2013.
‘A’ wants to file a suit.
(a) Draft a plaint on behalf of ‘A’.
(b) Draft a written statement on behalf of ‘B’.
CIVIL PROCEDURE CODE 47
(c) Write judgment deciding the suit. [HPJS 2015]
6. Frame the issues on the basis of the pleadings of the parties noticed below and write the judgment.
M/s P. Patel & Company, Unjha, to purchase 200 bags of Cumin for consideration of Rs. 3,20,000/-.
However, before the actual trans-shipment of the goods, M/s. S. Sethia & Company, Bikaner, purchased
the said good from M/s. B.G. & Company after full payment of the value of the goods. Accordingly, the
original vendor M/s. P. Patel & Company at Unjha was instructed to direct the goods for delivery to M/
s. S. Sethia & Company. The goods were dispatched from Unjha to Bikaner through North Western
Railway. The goods were not delivered by the Railways to M/s. S. Sethia & Company within reasonable
time and therefore, its representative contacted concerned authority of Railways at Bikaner time and
again, however, the concerned authority informed that the goods had not reached to its destination so
far, Later, after a lapse of about one month, the vendee M/s. S. Sethia & Company was informed about
the arrival of the goods at the Railway Station, Bikaner. The goods were brought in a wagon different
than a wagon wherein the same were initially trans-shipped. The vendee M/s. S. Sethia & Company
found that the goods were in the highly damaged condition and therefore, it claimed for open delivery.
The Railways claimed demurrage, which was duly paid by the said firm. During the course of open
delivery, it was found that the goods were damaged to such an extent that the same were not fit for
human consumption. The assessment of the damage was made by the Railway authorities and the loss
suffered was quantified at Rs. 1,60,000/-. The vendee M/s. S. Sethia & Company after serving a notice
upon the Railway authorities under Section 80 CPC read with Section 106 of the Railways Act, 1989,
filed a suit before the District Judge, Bikaner claiming compensation for the damage caused to the
goods and interest thereon, a sum of Rs. 1,60,000/- and Rs. 8,000/- respectively.
The suit was contested by the Railways by filing a written statement thereto wherein, while trans-
shipment of the goods from Unjha to Bikaner was accepted, however, the ownership of the goods of the
plaintiff M/s. S. Sethia & Company was denied. It was averred that the train wherein the goods were
initially loaded met with an accident between the station Unjha to Abu Road and consequently, the
wagon wherein the goods were loaded was badly damaged and therefore, later same were re-loaded in
another wagon, which reached the destination after a lapse of about one month. It was also averred that
the accident did not occur on account of negligence on the part of the Railway employees and it being
an act of God, the Railways cannot be held liable for damages Regarding the damage assessment report,
the stand of the Railways was that the same having been prepared without prejudice to the interest of
Railways, is not admissible in evidence. The Railways raised an objection that since the plaintiff has no
right, title or interest in the disputed goods and therefore, it has no locus standi to maintain the suit.
Though, the receipt of the notice alleged to have been sent by the plaintiff was not denied, it was
averred on behalf of the Railways that the notice was not served in conformity with the provisions of
Section 106 of the Railways Act, 1989 and therefore, the suit is liable to be dismissed on this count
alone. The Railways also questioned the maintainability of the suit on the ground that by virtue of
Section 15 of Railway Claims Tribunal Act, 1987, no Court or other authority have or is entitled to
exercise any jurisdiction, powers or authority in respect of claim for compensation for damages and
therefore, the suit being barred by law, deserves to dismissed. [RJS 2015]
7. Frame the issues on the basis of the pleadings of the parties noticed below and write the judgment:
On 01.05.2011 plaintiff 'A' filed a suit for specific performance of an agreement dated 30.04.2002
against 'B' concerning sale of a plot situated at Civil Lines, Bikaner, which was already in possession of
the plaintiff as tenant. It was claimed that the plaintiff has performed his part of the agreement and has
paid entire consideration of Rs. 10,00,000/- by December, 2007; however, the sale deed was not
executed and registered and despite repeated requests, the same was being avoided. The defendant gave
48 Law is nothing but Common sense and Logic – A.K. Ranjan

notice dated 01.02.2011 alleging default in payment of rent. When plaintiff personally met with
defendant on 15.03.2011, he refused to execute the sale deed. It was prayed that defendant be directed
to execute sale deed and get the same registered.
A written statement was filed by the defendant inter alia submitting that the plaintiff has not performed
his part of contract, even as per the plaint averments the consideration was paid in December, 2007,
therefore, the suit was barred by limitation and the agreement being unregistered is inadmissible in
evidence. It was also claimed that as defendant's daughter was to get married and as he was in dire need
of funds the agreement was entered into for a paltry sum. It was prayed that the suit be dismissed.
[RJS 2016]