Most Important Questions of Code of
Civil Procedure, 1908 for Mains Judiciary
1. Define the followings:
a. Decree-holder
b. Legal representative
c. Judgement-debtor
d. Mesne profits
e. Public officer
2. How will you introduce CPC to a new law student?
3. What do you understand by the pecuniary jurisdiction of a
court? Will a court be competent to hear a suit exceeding ,
limits if the parties to the suit have given their consent?
4. Define decree. And which orders are not included in the
definition of decree. Are the following orders are decree:
a. an order dismissing a suit in default
b. an order imposing cost
c. an order rejecting the plaint
5. Distinguish between
a. Decree and order
b. Preliminary decree and final decree
c. Illegal decree and void decree
d. Decree and judgement
e. Judgement and order
6. What is preliminary decree and in what cases such decree is
passed? Can two preliminary decree be passed in a suit? Can
two final decrees be passed in one suit?
7. What do you understand by a ‘suit of a civil nature?
8. What is meant by jurisdiction of a civil court?
9. How will you decide that a suit is of a civil nature? Are the
following suits of civil nature:
(i) Right to take out religious procession.
(ii) Right to franchise
(iii) Right of Pardanasheen lady to observe Parda
(iv) Contribution of fund for holding festival.
(v) The right of priest to worship in the temple.
(vi) Expulsion of a member from his caste.
(vii) Suits for specific relief
(viii) Suits for dissolution of partnership
10. What is res judicata? Discuss the conditions necessary for its
application in legal proceedings. Whether the principle of res
judicata applies between two stages in the same litigation?
Whether the provisions contained in the code of civil
procedure are exhaustive ? Whether the principle of res
judicata applies to execution proceedings? When a
judgement operates as res judicata between co-defendants?
11. Write the differences between the followings:
•res judicata and estopple,
•res judicata and res subjudice,
•res judicata and constructive res judicata
12. What do you understand by the principle of ‘conclusiveness of
judgement is a rule of estoppel’?
13. What is doctrine of res sub judice as provided in section 10 of
Code of Civil Procedure ? When can this doctrine be applied ?
14. A litigant filed a complaint before the Bar Council of Delhi
against his advocate alleging negligence. This complaint was
dismissed. Aggrieved against 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. If decision of Bar Council of India will operate
as resjudicata in this suit? Discuss the law and decide with
reasons. (DJS 2006)
15. 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 decree against them. “B1, 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 theSupreme Court that inasmuch as the appeal filed by ‘S’ was dismissed by the Supreme Court for non-prosecution, thejudgment of the Division Bench of the High Court would operate as res judicata. It was urged that the judgment and 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 the plea of the Respondent-plaintitts that principles of res judicata will apply to bar the appeal as not tenable?(DJS 2007)
16. 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, 1980.
17. What is a foreign judgement under what circumstances is it
conclusive when and how a decree of any foreign court can be
executed in India ?
18. Enumerate the provisions by which place of Suing is determined
under CPC. And discuss those provisions of Civil Procedure Code
which are applied in determination of forum for filing a suit relating
to immovable property.
19. ‘A’ is a 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 the railway. ‘A’ delivers the goods accordingly in Calcutta.
At what place ‘A’ can sue ‘B’ for the price of the goods? (RJS 1986)
20. Under what conditions, the objection as to the place of suing can
be allowed by any appellate or revisional court?
21. A supplied goods at Mumbai to a company having its principal
office at Mumbai and branch offices throughout the country,
including Delhi. Since B failed to pay the price of the goods, A filed
a suit in Delhi, for recovery of price of goods, on the ground that B
was also carrying on business at Delhi and therefore Delhi Court also
had jurisdiction to try the suit. Decide. (DJS 2005)
22. A resides at Shimla. B at Kolkata and C at Delhi. A, B and C being
together at Varanasi, B and C make a joint promissory note payable
on demand and deliver it to A. A filed a suit for recovery at
Varanasi. B and C object to the jurisdiction of court at Varanasi to
try the suit asserting that defendants B and C do not reside at
Varanasi? How would you decide the objection?(DJS 2006)
23. ‘A files a suit against B’, at Meerut. B moves an application before
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. Decide. (UPJS 2013)
24. Define summons? What are the objects of service of summons?
What are the modes of effecting service of summons on defendant?Discuss.
25. What remedies are available to the plaintiff 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 the service on his behalf. (RJS 1974)
26. Write short notes on the followings:
a. Substituted service
b. Interrogatories
c. Interlocutory orders
d. Civil prison
e. Precept
f. Garnishee order
g. Attachment
h. Inter-pleader suit
27.How interest is awarded in a money-decree and how costs are
imposed for causing delay?
28. Defendant in a suit failed to produce on a date fixed by the court for this purpose. Cost of Rs. 2000/- 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)
29. What do you understand by a execution of a decree? Explain in
detail the different modes of execution of a decree under civil
procedure code?
30. Define court which passed a decree and explain the provisions for
transfer of decree for execution. What questions may be
determined by the court executing decree? Whether executing6
court can go behind the decree? State the properties which may be
attached and cannot be attached.
31. 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?
32.How can a decree be enforced in the following?:
a. for specific performance of contract
b. for restitution of conjugal rights
c. for injunction
d. for delivery of immobable property
33. 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 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.
(i) Under what provision the objection is filed to the execution of the
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)
34. Discuss the provisions of the Civil Procedure Code regarding the
issue of commission. Whether a commission can be issued to
examine witnesses?
35. .Discuss the provisions of the Civil Procedure Code with regard to
suits against the government and its officials? Is there any exception7
to the general rule of serving the mandatory and statutory notice
under section 80 CPC?
36. Describe the provisions regarding settlement of disputes outside the court. What procedure is to be followed by the courts, explain with reference to any one mode of alternative dispute resolution? (MP
2013)
37. Write notes on arrest before judgement and attachment before
judgement.
38. When can temporary injunction be granted by a Civil court
can the court grant temporary injunction in exercise of its
inherent power?
39. A institutes a suit against B for pernmanent 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 demolishes 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)
40. Discuss the provisions of the Civil Procedure Code with regard
to suits relating to public nuisance
41. What are supplemental proceedings under CPC?
42. Describe the grounds on which the first and second appeal
may be preferred? And What are the powers of appellate court?
(i) What will be the effect on the final decree passed during the
pendency of the appeal against the preliminary decree, in case the
appeal is allowed?
(ii) Can the validity of the preliminary decree be challenged
through an appeal which is brought against a final decree?8
43. 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?
44. What are the orders from which an appeal lies?
45. Write differences between:
a. Review and revision
b. First appeal and second appeal
c. Reference and revision
d. Appeal and reference
e. Set off and counter claim
f. Appeals from original decree and appeals from appellate decree
46. What is doctrine of restitution? Apply this doctrine in the case below.There was a suit between ‘A and B regarding house. ‘A won the suitand also obtained possession of the house. However B won in
appeal ‘A’ however did not return possession of the house of B.
Advise B suggesting emedy how to get back the house.(UP JS 1991)
47. Discuss fully the inherent powers of the court under Civil Procedure
Code. Does a Civil court have the inherent power in the following
cases:
a. to set aside an ex parte decree
b. to order joint trial of suits third
c. to correct its own mistakes
d. Question of fact and question of law
48. State the procedure to be adopted for a suit by or against minor
and persons of unsound mind. A compromise decree is passed in a
suit involving the interest of minor. Can the minor challenge such
decree? if so, on what grounds?
49. What is meant by guardian-ad-litem? (RJS 2006)
50. Which suits and proceedings are considered as matters concerning the family under the Code of Civil Procedure?
51. Describe the complete procedure prescribed for institution of a
pauper suit?9
52. Write notes on:
a. Plaint
b. Written statement
c. Caveat
d. Representative suit
e. Misjoinder of parties
f. Persons exempted from arrest under civil process
g. Necessary and proper parties
h. Factum probandum
i. Discovery and inspection of documents
j. Grounds of Rejection & return of a plaint
k. Ex parte decree
l. Kinds of issues in a civil suit
m. Abatement of suits
n. Summary procedure under CPC
o. Appointment of receiver
p. Adjourments
q. Affidavits
53. What do you understand by pleadings? What are its rules? When
can pleadings be amended ? What will be the consequences if the
party of obtaining leave to amend does not amend his pleadings?
54. What are the consequences of non appearance of parties in
general in a suit? what are the remedies? (RJS 1994)
55. A applies tor 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, 20O8 for substitution of legal
representatives of B in the execution. Is the said application within
time? Give reasons also. (DJS 2010)
56. Write short notes on the following:
a. Letter of request
b. Commissions issued by foreign courts
c. Resistence to execution
d. Powers of court to enforce execution
e. Notice to admit documents
f. Appeals to Supreme Court
g. Appeals by indigent person
h. Withdrawal and adjustment of suits
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