Civil Procedure Code (CPC)

Explain the doctrine of Res Judicata under Section 11 of CPC. How does it differ from Constructive Res Judicata as laid down in Explanation IV of Section 11? Discuss with reference to Daryao v. State of U.P. (AIR 1961 SC 1457) and Satyadhyan Ghosal v. Smt. Deorajin Debi (AIR 1960 SC 941).[10 Marks]

Discuss the principles governing the grant of temporary injunctions under Order XXXIX, Rules 1 and 2 of CPC. When can a court refuse to grant an injunction? Refer to Dalpat Kumar v. Prahlad Singh (1992) 1 SCC 719 and the three-fold test of prima facie case, balance of convenience, and irreparable injury.[10 Marks]

Examine the provisions relating to 'Attachment Before Judgment' under Order XXXVIII and 'Arrest Before Judgment' under Order XXXVIII Rule 1-4 of CPC. What safeguards are available to the defendant against wrongful attachment or arrest? Discuss with reference to Raman Tech & Process Engg. Co. v. Solanki Traders (2008) 2 SCC 302.[10 Marks]

Critically analyse the conditions under which a plaint can be rejected under Order VII Rule 11 of CPC. Should the court look only at the averments in the plaint or also consider the defence raised by the defendant? Discuss in light of T. Arivandandam v. T.V. Satyapal (1977) 4 SCC 467 and Sopan Sukhdeo Sable v. Asst. Charity Commissioner (2004) 3 SCC 137.[10 Marks]

What are the rules governing the territorial jurisdiction of civil courts? Discuss the provisions of Sections 16 to 20 of CPC relating to suits concerning immovable property and other suits. How is jurisdiction determined when the cause of action arises partly within the jurisdiction of two or more courts? Refer to A.B.C. Laminart (P) Ltd. v. A.P. Agencies (1989) 2 SCC 163.[10 Marks]

A files a suit for recovery of Rs. 5,00,000 against B in the District Court of Delhi. B, a resident of Mumbai, objects to the jurisdiction of the Delhi court. A contends that the agreement was executed in Delhi and the cause of action partly arose in Delhi since payments were to be made there. The agreement contains a clause: 'all disputes shall be subject to the jurisdiction of Mumbai courts only.'[15 Marks]

Discuss in detail the law relating to execution of foreign judgments and decrees in India. Explain the conditions under which a foreign judgment is conclusive under Section 13 of CPC and the exceptions thereto. How does a reciprocating territory under Section 44-A differ from a non-reciprocating territory in terms of enforcement of decrees? Analyse with reference to Moloji Nar Singh Rao v. Shanker Saran (AIR 1962 SC 1737), Y. Narasimha Rao v. Y. Venkata Lakshmi (1991) 3 SCC 451, and the recent developments in cross-border enforcement of commercial judgments.[15 Marks]

A sues B for specific performance of a contract for sale of immovable property situated in Pune. During the pendency of the suit, B sells the property to C for valuable consideration. A seeks to implead C as a party to the suit under Order I Rule 10. Discuss: Can C be added as a necessary party? What is the effect of the transfer during pendency of the suit under Section 52 of the Transfer of Property Act and Order XXII Rule 10 of CPC?[5 Marks]

Explain the procedure for filing a suit by or against the Government under Sections 79 and 80 of CPC. What is the consequence of non-compliance with the mandatory notice requirement under Section 80? Refer to State of Kerala v. K. Ayyappan (2024 SCC OnLine Ker 1402) and Ghanshyam Dass v. Dominion of India (AIR 1984 SC 1004).[5 Marks]

X obtains an ex parte decree against Y under Order IX Rule 6. Y applies for setting aside the ex parte decree under Order IX Rule 13. Y contends that he was not duly served and had sufficient cause for his non-appearance. Discuss: What are the conditions for setting aside an ex parte decree? What is the limitation period for such an application? Refer to Parimal v. Veena (2011) 3 SCC 545.[5 Marks]

Discuss the scope and ambit of appellate jurisdiction under Section 96 of CPC. What are the limitations on second appeal under Section 100? When can a court of appeal interfere with findings of fact recorded by the trial court? Refer to Kondiba Dagadu Kadam v. Savitribai Sopan Gujar (1999) 3 SCC 722 and Santosh Hazari v. Purushottam Tiwari (2001) 3 SCC 179.[5 Marks]

A files an application under Order XXXIX Rule 1 and 2 for temporary injunction to restrain B from constructing a building on the disputed property. B contends that A has not made out a prima facie case and that the balance of convenience lies in his favour. The trial court grants the injunction without recording reasons. Is the order of the trial court sustainable? What are the guidelines laid down in Wander Ltd. v. Antox India Pvt. Ltd. (1990 Supp SCC 727) regarding exercise of discretion in granting injunctions?[5 Marks]