LL.B. (Hons.) / LL.B. 3-Year / 5-Year Integrated Programme
Civil Procedure Code (CPC)
General Instructions
- Attempt all questions from Part A. Part A is compulsory.
- In Part B, attempt any FOUR out of FIVE questions.
- In Part C, attempt any ONE out of TWO questions.
- In Part D, attempt ALL questions.
- Marks are indicated against each question.
- Reference to bare Act is permissible.
- Candidates shall cite relevant case law wherever applicable.
- Write legibly and maintain clarity of expression.
Part A - Short Answer Questions
Attempt ALL questions. Each question carries 2 marks. Answer each question in 2-3 lines. (10 x 2 = 20 Marks)
Define 'foreign court' and 'foreign judgment' under Section 2(5) and 2(6) of CPC.[2 Marks]
What is meant by 'subject-matter jurisdiction'? State the effect of want of subject-matter jurisdiction on a decree.[2 Marks]
Explain the concept of 'constructive res judicata' as embodied in Explanation IV to Section 11 of CPC.[2 Marks]
Distinguish between a 'decree-holder' and a 'judgment-debtor' under CPC.[2 Marks]
What is 'discovery and inspection' under Order XI of CPC? State its purpose.[2 Marks]
Define 'legal representative' under Section 2(11) of CPC.[2 Marks]
What is the meaning of 'decree nisi' and 'decree absolute' in the context of CPC?[2 Marks]
State the conditions under which a court may order the consolidation of suits under Order II Rule 3.[2 Marks]
What is a 'caveat' under Section 148-A of CPC? When and how may it be lodged?[2 Marks]
Explain briefly the scope of 'commissions' under Sections 75 to 78 and Order XXVI of CPC.[2 Marks]
Part B - Essay Type Questions
Attempt any FOUR out of FIVE questions. Each question carries 10 marks. (4 x 10 = 40 Marks)
Explain in detail the provisions relating to the institution of suits under Sections 26 and Order IV of CPC. What are the essential requisites of a plaint under Order VII Rules 1 to 8? Discuss the consequences of filing a defective plaint with reference to Order VII Rule 11. Analyse Salem Advocates Bar Association v. Union of India (2005) 6 SCC 344.[10 Marks]
Discuss the law relating to the filing of a Written Statement under Order VIII of CPC. What is the time limit prescribed for filing a written statement after the 2002 Amendment? What happens if a defendant fails to file a written statement within the prescribed time? Analyse with reference to Salem Advocates Bar Association v. Union of India (2005) 6 SCC 344 and Kailash v. Nanhku (2005) 4 SCC 480.[10 Marks]
Critically examine the provisions relating to Reference, Review and Revision under the Code of Civil Procedure. Distinguish between the three remedies with respect to their scope, applicability, and the courts empowered to exercise these powers. Refer to Pandurang Dhoni Chougule v. Maruti Hari Jadhav (AIR 1966 SC 153) and Surya Dev Rai v. Ram Chander Rai (2003) 6 SCC 675.[10 Marks]
What are 'issues' under Order XIV of CPC? Discuss the kinds of issues and the procedure for framing of issues. How and at what stage of the proceedings should issues be framed? What is the power of the court to amend or strike out issues? Discuss with reference to Ramesh Chand Ardawatiya v. Anil Panjwani (2003) 7 SCC 350.[10 Marks]
Discuss the provisions relating to the trial and hearing of suits under Order XVIII of CPC. What is the order of production of evidence? Explain the right of the plaintiff to begin and the court's power to adjourn hearing. How has the 2002 Amendment impacted the recording of evidence? Refer to Salem Advocates Bar Association (II) v. Union of India (2005) 6 SCC 344.[10 Marks]
Part C - Problem / Analytical Questions
Attempt any ONE out of TWO questions. Each question carries 15 marks. (1 x 15 = 15 Marks)
A obtained a money decree for Rs. 10,00,000 against B from the District Court of Chennai. B owns properties in both Chennai and Kolkata. A seeks to execute the decree against B's property in Kolkata. B raises the following objections: (i) The decree is time-barred for execution; (ii) The decree has been partially satisfied; (iii) The Kolkata court has no jurisdiction to execute the decree.[15 Marks]
(a) Discuss the procedure for transfer of decree for execution under Section 39 of CPC.[4 Marks]
(b) Explain the limitation period for execution of decrees and the objections that a judgment-debtor may raise during execution proceedings under Section 47.[4 Marks]
(c) Discuss the modes of execution available under Order XXI. Refer to Vasudev Dhanjibhai Modi v. Rajabhai Abdul Rehman (1970) 1 SCC 244 and Raheja Universal Ltd. v. NRC Ltd. (2012) 4 SCC 148.[7 Marks]
Discuss in detail the appellate jurisdiction of the civil courts under CPC.[15 Marks]
(a) First appeal under Section 96 and the powers of the appellate court under Order XLI.[4 Marks]
(b) Second appeal under Section 100 and the concept of 'substantial question of law'.[4 Marks]
(c) Appeal from orders under Order XLIII and Letters Patent Appeal. When does an appeal lie as a matter of right and when is leave required? Analyse with reference to Hero Vinoth v. Seshammal (2006) 5 SCC 545, Kondiba Dagadu Kadam v. Savitribai Sopan Gujar (1999) 3 SCC 722, and Sir Chunilal V. Mehta & Sons Ltd. v. Century Spinning & Manufacturing Co. (AIR 1962 SC 1314).[7 Marks]
Part D - Case Analysis and Application
Attempt ALL questions. Each question carries 5 marks. (5 x 5 = 25 Marks)
P files a suit against D for recovery of Rs. 8,00,000 arising from a contract. D files a written statement denying liability and also files a counter-claim for Rs. 3,00,000 against P for damages arising out of the same transaction. P objects to the maintainability of the counter-claim. Discuss: (a) Can a counter-claim be filed under Order VIII Rule 6-A? (b) What is the procedure for adjudication of a counter-claim? (c) How does a counter-claim differ from a set-off under Order VIII Rule 6?[5 Marks]
Explain the provisions relating to suits by or against minors and persons of unsound mind under Order XXXII of CPC. What is the role of the 'next friend' and 'guardian ad litem'? Can a compromise on behalf of a minor be valid without the leave of the court? Refer to Dhanraj v. Suraj Bai (AIR 1975 SC 1103).[5 Marks]
A files a suit against B for permanent injunction restraining B from using A's trademark. B does not appear despite valid service. An ex parte decree is passed under Order IX Rule 6. Two years later, B files an application under Order IX Rule 13 to set aside the decree. Should the court set aside the ex parte decree? What are the relevant limitation provisions? Discuss in light of Bhanu Kumar Jain v. Archana Kumar (2005) 1 SCC 787.[5 Marks]
Discuss the scope of Order XLI Rule 27 of CPC dealing with production of additional evidence in appellate proceedings. Under what circumstances can the appellate court allow additional evidence? What is the standard to be applied? Refer to Union of India v. Ibrahim Uddin (2012) 8 SCC 148 and K. Venkataramiah v. A. Seetharama Reddy (1963) 2 SCR 189.[5 Marks]
X and Y are co-plaintiffs in a suit filed against Z for partition of joint family property. During the trial, X dies. Y applies for substitution of X's legal representatives under Order XXII Rule 3. Z objects, contending that the suit has abated as to X's share. Discuss: (a) When does a suit abate under Order XXII? (b) What is the time limit for an application for substitution? (c) Can the court set aside an abatement? Refer to State of Punjab v. Nathu Ram (1962) 2 SCR 636.[5 Marks]