E..;,.

Authors
Prat. Prakas11 K. Mukai
Aclv. lshwarial Agarwal
 CPC s. Author - _Prof. Prakash K. MokaL

"THE CODE CIVIL PROCEDURE, 1908"

(S OF 1908)
As amenled' 6y
The Code of Civil Procedure (Amendment) Act, 1999
(46 OF 1999)
The Code of Civil Procedure (Amendment) Act, 2002
(22 OF 2002)
(w.e.f. l't July, 2002)

The Code begins with the following words : I

"An Act to consolidate and amend the laws relating to the procedure of the Courts of Civil
Judicature ".
"Whereas it is expedient to consolidate and amend the law relating to the procedure of the Courts of Civil
Judicature; it is hereby enacted as follows" :

INTRODUCTION :

Contents:
Short title, commencement and extent :
As per Section 1 (1) of the Act, the said Act may be cited as the Code of Civil Procedure, 1908.
Further, as per Section 1 (2), it shall come into force on the first day of January, 1909.
As per Section 1 (3), it extends to the whole of India except (a) the State of Jammu and Kashmir; (b) the
State of Nagaland and the tribal areas. However, the State Government may, by notification in the
Official Gazette, extend the provisions of the Code or any of them to whole or part of the State of
Nagaland or such tribal areas, as the case may be, with such supplemental, incidental or consequential
modifications as may be specified in the notification.
The applicability of the provisions to certain specified areas of State of Andhra Pradesh and the Union
territory of Lakshadweep are Stated in Section 1 (4).

Some Important Definitions (Section 2] :

In this Act, unless there is anything repugnant in the subject or context, -
(i) "Code" [Section 2 (l)] : "Code" includes rules.
(ii) "District" [Section 2 (4)] : "District" means the local limit of the jurisdiction of a Principal· Civil
Court of original jurisdiction (hereinafter called a " District Court") and includes the local limits of
the ordinary original civil jurisdiction _of a High Court.
(iii) "Mesne Profits" [Section 2 (12)] : "Mesne Profits" of property means those profits which the
person in wrongful possession of such property actually received or might with ordinary diligence
have received therefrom, together with interest on such profits, but shall not include_profits due to
improvements made by the person in wrongful possession.
(iv) "movable property" [Section 2 (13)] : "movable property" includes growing crops.
(v) "rules" [Section 2 (18)] : "rules" means rules and forms contained in the First Schedule or made
under Section 122 or Section 125.
 CPC 6. Author - Prof; Prakash K. Mokal.
(vi) "signed" [Section 2 (20)] : "signed", save in the case of a judgment or decree, includes stamped.

Notes and Case laws:

(a) Code of Civil Procedure, 1908-Preamble - Nature : The Code of Civil Procedure, 1908, is a body
of procedural law designed to facilitate justice and it should not be treated as an enactment providing
for punishments and penalties - The laws of procedure should be so construed as to render justice
wherever reasonably possible. [Chinnammal vis. P. Arumugham, reported in AIR 1990 SC 1990 SC
1828/. .

(b) Code of Civil Procedure, 1908 - Preamble- Mode of interpreting : Substantial justice should not
be sacrificed for hyper-technical pleas based on strict adherence to procedural provisions.
[Ghanshyam Das vis. Dominion of India, reported in AIR 1984 SC 1004/.

(c) Code of Civil Procedure, 1908 - Preamble : The remedy under the Code of Civil Procedure, 1908,
is of superior judicial quality than what is generally available under other statutes, and the Judge being
entrusted exclusively with administration of justice, is expected to do better. {Ghanshyam Das Gupta
, vis. Anant Kumar Sinha, reported in AIR 1991 SC 2251 = ( 1991) 4 SCC 379/.

(d) Code of Civil Procedure, 1908 - Objects and reasons for enacting Code of Civil Procedure
(Amendment) Act, 1976 ( 104 of 1976) : The Code of Civil Procedure, enacted in 1908 consolidated
and amended the law relating to procedure of the Courts of Civil Judicature. It has undergone several
amendments by several Acts of Central and State Legislature. Under Section 122 of the Code of Civil
Procedure, I908. The High Courts have power to amend by rules, the Pro_cedure laid down in the J
Orders. In exercise of these powers various amendments have been made in the Orders by various
High Courts. Amendments have also been made keeping in view recommendations of the Law
Commission. Anxiety of Parliament as evident from the amendments is to secure an early and fairness
of expeditious disposal of civil suits and proceedings without sacrificing the fairness of trial and the
principles of natural justice in-built in enacting Code of Civil Procedure (Amendment) Act, 1976 ( I04
of 1976) highlights following basic considerations in enacting the amendment -
(i) with the accepted principles of natural justice that a litigant should get trial in accordance with
these principles;
(ii) that every effort should be made to expedite the disposal of civil suits and proceedings, so that
justice may not be delayed;
(iii) that the procedure should not be complicated and should to the utmost extent possible, so ensure a
fair deal to the poorer sections of the community who do not have the means to engage a pleader to
defend their cases. [Shaikh Salim f[aji Abdul vis. Kumar & Ors. reported in 2005 AIR SCW 6031/.

(e) The Code of Civil Procedure (Amendment) Act, 2002 [22 of 2002, brought into force from 1st
July, 2002, vide Notification No. S. 0.604 (E), dated 6th June, 2002] :
1. And further to amend the Code of Civil Procedure,. 1908 and to provide for the matters connected
therewith or incidental thereto. Be -it enacted by Parliament in the Fifty-third Year of the Republic of
India as follows :

Statement of Objects and Reasons:

The Code of Civil Procedure, 1908. (hereinafter referred to as the Code) contains the law relating to the
procedure in suits and civil proceedings. The ·code. has been amended from time to time by various Acts
of Central and State Legislatures. Recently, the Code of Civil Procedure (Amendment) Act, 1999 was
enacted by the Parliament with a view to cutting short the delays at various levels. After its enactment, a
large number of representations were received both, for, and against its enforcement. The Law
I.
 CPC 7. Author - Prot Prakash K. MokaL
Commission in its 163nl Report also dealt with the Code of Civil Procedure (Amendment) Bill, 1997
which was enacted later on as the Code of Civil Procedure (Amendment) Act, 1999.
2. Before action could be initiated for enforcement of the said Act, the Bar Council of India and certain
local Bar Associations asked the Government to relook into certain provisions which could cause
hardship to the litigants. Accordingly, the provisions of the Code of Civil Procedure (Amendment)
Act, 1999 and other proposals to reduce delay in the disposal of civil cases were discussed with legal
luminaries. The Government has further considered the· matter in all its aspects after consulting the
Bar Council of India and others concerned and based on the outcome of the deliberations, it is now
proposed to further amend the Code of Civil Procedure, 1908, consistent with the demands of fair play
and justice.
3. The Proposed amendments inter a/ia seek to provide, that -
(a) Time limit for productions of documents and payment of fee for service of summons : I
Plaintiff shall produce documents and pay requisite fee for service of summons on the defendant
within seven days from the date of order by the Court for issue of su~ons;
(b) Mode of service cf summons : The summons would be served on the defendant by the Court
either by its process servers or through private courier agencies, approved by the Court. In addition to
the service of summons by the Court, the plaintiff may also serve summons on the defendant;
(c) Time limits for filing of Written Statement : a defendant is to file written statement within
thirty days from the service of summons but such date can be extended up to ninety days by the
Court for reasons to be recorded in writing;
(d) Production of documents at the time of hearing of the suit with the leave of Court in certain
cases : The documents may be produced by the plaintiff or by the defendant, as the case may be, with
the leave of the Court at the time of the hearing of suit where such documents could not be filed by
the plaintiff along with the Plaint or by defendants with his Written Statement. Rule 14 of Order 7 of
the First Schedule of the Code of Civil Procedure, 1908 (hereinafter referred to as "the Code'') and
Rule 1-A of Order 8, after the amendment made in the year 1999, do not provide an opportunity to
the plaintiff or the defendant, as the case may be, to produce documents at the hearing of the suit;
(e) Alteration and Amendment of Pleadings : The Court may at any stage of the proceedings,
allow either party to alter or amend his pleading only where it is satisfied that either new facts have
come into existence subsequent to the institution of a suit or the amendment is necessitated by change
in law and for this purpose, Rule 17 in Order 6 is restored. This Rule was omitted by clause (iii) of
Section 16 of the Code of Civil Procedure (Amendment) Act, 1999;
(t) Alteration to or framing of Additional Issues : Under Rule 5 of Order 14 of the Code,
amendment of issues or framing of additional issues may be allowed. This Rule was omitted by
clause (ii) of Section 24 of the Code of Civil Procedure (Amendment) Act, 1999; .
(g) Time-limit for oral arguments and filling of written arguments : Time-limit for oral
arguments by the parties may be fixed, and with the l(:ave of the Court, the parties may be required to •
submit written arguments before concluding the oral. arguments in a case by inserting a suitable
provision in·Order 18 of the Code; .
(h) Procedure for recording of evidence : The examination-in-chief of a witness -shall be recorded
on affidavit. The cross-examination and re.,examination of a witness in the High Court having
original jurisdiction shall be recorded ordinarily by the Commissioner and in Courts subordinate to
the High Court, such evidence shall be recorded either by the Court or by the Commissioner
appointed by it. The Commissioner shall also have the power to record the demeanor of a witness and
any objection made in regard to such matter shall be decided by the Court at the time of arguments of
the case. A Commissioner is required to submit his report within six months from the issue of
commission. Rule 4 of Order 18 as amended in the year 1999 which provided for recording of
evidence (cross-examination and re-exam1nation) of the witnesses by the Commissioners in _all cases
is proposed to be substituted in this regard;
CPC 8. Author - Prof. Prakash K. MokaL
(l) Time-limit for passing of judgment : The judgments are to be pronounced within definite time-
frame after a case has been heard. The general rule is that a judgment is to be pronounced at once and
where it is not practicable to do so, the Court shall make an endeavour to pronounce judgment within
thirty days from the date on which hearing of the case was concluded. Wherever, it is not practicable
for the Court to pronounce judgment within thirty days because of exceptional and extraordinary
circumstances of the case, the Court shall fix a day for the pronouncement of judgment which shall
not ordinarily be beyond sixty days from the date on which the case was heard;
(j) Appeals to division Bench of the High Courts in Writs under Articles 226 and 227 of the
Constitution shall be restored : [Notes : Section 10 of the Code of Civil Procedure (Amendment)
Act, 1999 abolished appeals against judgments of a Single Judge of the High Court in all cases] [Sen
Section 100-AJ;
(k) Restrictions on Second Appeal in money suits : No second appeal shall lie in money suit:
where the value of the subject-matter in the suit does not exceed rupees twenty-five thousand. I
Section 11 of the Code of Civil Procedure (Amendment) Act, 1999 abolished second appeal in all
cases where value of the subject-matter in the suit did not exceed rupees twenty-five thousand. {See
Section] 02}; · ·
(I) Distinction between the "Body of the Code" and the "Rules" : The chief feature of the present
Code is the distinction drawn between what is termed "Body of the Code" and the "Rules". The
'i>ody of code" creates jurisdiction and is unalterable except by the legislature. The "body of the
code" as it is in the most general terms, is to be read in conjunction with the more particular
provisions of the "rules" {AIR 1917Ca/ 44 (FB)J;
(m) "Court and Tribunal" : All Tribunals are not Courts, though all Court are Tribunals - The
word "Courts" is used to designate those Tribunals which are set up in an organized State for
Administration of justice - By. Administration of justice is meant the exercise of judicial power of th-.:
State to maintain and uphold rights and to punish ''wrongs" - Whenever there is an infringement of a
right or an injury, the Courts are there to restore the vincu{um Juris, which is disturbed - where is :'.t
list, an affirmation by one party and denial by another and the dispute necessarily involves a decision
011 the rights and obligations of the parties to it and the authority is called upon to decide it, there is
an exercise of judicial power - That authority is called a Tribunal, if it does not have all the trappings
ofa Court: {Kihoto Hol/ohan vis. Zachillhu, reported in 1992 supp (2) SCC 651/;
(n) Applicability of provisions of Code of Civil procedure, 1908 : Provisions of the Code of Civil
Procedure, 1908, are applicable to "Civil Suits and Proceedings". Some Statutes (i.e. Special Laws)
also, contain specific provisions that the provisions of the Code of Civil Procedure, 1908, shall apply,
either in toto (i.e. in full), or to the extent, as stated therein, to the Civil Suits or Proceedings, which it
has jurisdiction to entertain, try and dispose of. For Example: Family Courts Act, 1984 and The
Maharashtra Co-operative Societies Act, 1960 (with Amendments of 2019). Whereas, there are
some other Statutes (i.e. Special Laws) which expressly rules out the applicability of the provisions
of the Code of Civil Procedure, 1908, to ·the proceedings, before it, in which case, no resort can be
had to the provisions of the Code of Civil Procedure, 1908. If a certain Statutes (i.e. Special Law)
does not expressly provide for or rule out the applicability of the provisions of the Code of Civil
Procedure, 1908, or.is silent, as to what has to be done, in a given situation, when the procedure laid
down, under the said Statute, is lacking or•insufficient, for a particular thing, resort can be had to the
· ··provi$ions_ of the Code of Civil Procedure, 1908, or at least, the principles underlying the Code of
Civil Procedure, 1908. For Example : If the Speci~l Statute does not ·make provision for the
proced~e for bringing the heirs and legal representatives of a deceased party, on record of the
proceedings, before·it within a particular time-limit, it does not mean that the same cannot be done at
all, or else the proceedings.wo_uld not. move any fµrther.,In such cases, the concerned, authority has
powers to. ask the party to .carry out necessary am~ndment, within a reasonable time, on the basis of
the principles. underlying the provisions. of Order 22, as contained in the Code of Civil Proce,dure, .
• 1908, but it cannot ·invoke the provisions of Order 22, strictly, if the amendment has not been carried

- ______ ___ ______________

.... , _ ~ ___:_ __:,__
 9. Author - Prof. Prakash K. Mokal.
.ir~/ ; out, within the time, specified in the Order 22 of the Code of Civil Procedure, 1908 and the party
· :':>- 1is-unable to show "sufficient cause" for the extension of the time period, by throwing away the
·_ ·litigation, as would be the case where the Code of Civil Procedure, 1908·, is otherwise applicable. The
Bombay City Civil Court has its own Rules known as "Bombay City Civil & Sessions Court Rules,
1948" and the Bombay High Court on its Original Side, has its own Rules known as "Rules and
Forms of the High Court of Judicature, at Bombay, on the Original side, in its original jurisdiction" .
.· The ume are Special Laws. Thus, though the Code of Civil Procedure Code , 1908, is applicable to
the said Courts, however, the provisions of the Special Laws will prevail upon the provisi:.ms of the
Code Civil procedure, 1908.

PROVISIONS OF THE CIVIL PROCEDURE CODE, 1908

(AS AMENDED) I
,j,,",.- -~~#.1

.' ,-(1) PLAINT:

.:Plaint [Order 7, Section 26 and Order 4j -
. (a)Provisions are made in the Code of Civil Procedure, 1908, for the "institution of Suits". Section 26
. · !l(l) of the said Code talks about institution of suits and states that every suit shall be instituted by the
presentation of plaint or in such other manner as may be prescribed. Section 26 (2) states that in every
'Plaint, facts shall be proved by affidavit.
· Notes.: Statutory Change - 1999 Amendment : The main object of insertion of sub-section (2) is to
reduce the possibility of false statements made in a plaint, believed to be a common phenomenon and the
·other object being to bring an uniformity because of different in rules of different high courts.
(ll)Order 4 of the Code of Civil Procedure, 1908, talks about "Institution of Suits". Rule 1 (1) states
t&,t.evsrjr suit shall be instituted by presenting a plaint in duplicate to the Court or such officer as it
.rots in this behalf. Rule I (2) states that every plaint shall comply with the rules contained in Orders
!:ft 7 of the Code. so far as they are applicable. Rule 1 (3) states that the plaint shall not be deemed
to]>e duly instituted unless it complies with the requirements specified in Rules 1 (1) and 1 (2).

·• Rule 1 (1) earlier, only copy of the plaint was required to be filed in the Court however, after the
· Affieridment by the Code of Civil Procedure (Amendment) Act,1999, S. 14 (i) (w.ef 1-7-2002), now two
copies of the plaint are required to be filed in the Court, since a copy of plaint is sent before Court and a
· duplicate copy of plaint is needed for records. Rule 1 (3) has been inserted by the Code of Civil Procedure
(Amendment) Act, 1999, S.14 (ii) (w.ef 1-7-2002).
Orci~t 4, Rule 2 states that the Court shall cause the particulars of every suit to be entered in a book to be
kept for the purpose and call the register of Civil suits. Such entries shall be numbered in every year
according to the order in which the plaints are admitted .
. (c).Order 7 of the Code of Civil Procedure, 1908, talks about "Plaint". Rules 1 to 17 of Order 7 are
· · .-a:$ follows :
1. Particulars to be contained in plaint : The plaint shall contain the following particulars :-
( a) the name of the Court in which the suit is brought;
(b) the name, description and place of residence of the plaintiff;
(c) the name, description and place of residence of the defendant, so far as they can be
asc~rtained; · ·
(d} Where the plaintiff or defendant is a minor or a person of unsound mind, a statement to
that effect;
(e) the facts constituting the cause of action and when it arose;
.(f) the facts showing that the Court has jurisdiction;
CPC 10. Author - Prof. Prakash K. MokaL
(g) the relief which the plaintiff claims;
(h) where the plaintiff has allowed a set-off or relinquished a portion of his claim, the amount
so allowed or relinquished, and
(i) a statement of the value of the subject-matter of the suit for the purpose of jurisdiction and
of Court-fees. ·
2. In case of money suit : The plaint shall state the precise amount claimed. However, in cases
where the plaintiff sues for mesne profits, or for an amount which will be found to him on taking
unsettled accounts, or for movables in the possession of the defendant, or for debts of which the
value he cannot, after exercise of due diligence, estimate, the plaint shall state approximately the
amount or value sued for.
3. Where the subject-matter of the suit is immovable property : The plaint shall contain a
description of the property sufficient to identify it, and, in case such property can be identified by
boundaries or numbers in a record of settlement or survey, the plaint shall specify such boundaries
or numbers.
4. Where plaintiff sues as representative : Where the plaintiff sues in a representative character.
The plaint shall show not only that he has an actual existing interest in the subject-matter, but that
he bas taken the steps (if any) necessary to enable him to institute a suit concerning it.
5. :Defendant's interest and liability to be shown : The plaint shall state that the defendant is
interested or claims to be interested in the subject-matter, and that he is liable to be called upon to
answer the plaintiff's demand.
6. Grounds of exemption from. limitation law : Where the suit is instituted after the expiration of
the period prescribed by the law of limitation, the plaint shall show the ground upon which
exemption from such law is claimed. Provided that the Court may permit the plaintiff to claim
exemption from the law of limitation on any ground not set out in the plaint, if such ground is not
inconsistent with the grounds set out in the plaint.
7. Relief to be specifically should be stated : Every plaint shall state specifically the relief which
the plaintiff claims either simply or in alternative, and it shall not be necessary to ask for general
or other relief which may always be given as the Court may think just, to the same extent as if it
had been asked for. And the same rule shall apply to any relief claimed by the defendant in his
written statement.
8. Relief founded on separate ground : Where the plaintiff seeks relief in respect of several distinct
claims or causes of action founded upon separate and distinct grounds, they shall be stated, as far
as may be, separately and distinctly.
9. Procedure. on admitting plaint : Where the Court orders that the summons be served on the
defendants in the manner ·provided in Rule 9, of Order 5, it will direct the plaintiff to present as
many copies of the plaint on plain paper as per the number of defendants within 7 days from the
date of such order along with requisite fee for service of summons on the defendants.
10. Return of plaint: (I) Subject to provisions of rule 10-A, the plaint shall, at any stage of the suit
be returned to be presented to the Court in which the suit should have been instituted.
Right of Court of appeal or revision [Explanation] : Even a Court of appeal or revision, may direct,
after setting aside the decree passed in the suit, the return of the plaint.,
Procedure·on returning plaint : The judge shall endorse thereon the date of its presentation and return,
the name ofthe party presenting it, and brief statement of the reasons for returning it. .
. 10-A. Power of Court to fIX a date of appearance in the Court where plaint is to be filed after its
return : The same has to be done after following the procedure prescribed, therein.
· 10-B. Power of appellate Court to transfer suit to the proper Court : Where on an appeal against an
order for the return of plaint, the Court hearing the appeal confirms such order, the Court of appeal may,
.exercise· its power of return of phtint, in .the circumstances and as per the procedure prescribed bythesaid
Order and sub-rule (1), thereunder. As per sub~rule (2), the direction made by the Court under sub-rule (I)
 CPC 11. Author - Prof. Prakash K. MokaL
sballbe without any prejudice to the rights of the parties to question the jurisdiction of the Court, in which
th, plaint is filed, to try the suit.
11.. Provision are also made about rejection of plaint on the grounds mentioned therein.
12. Procedure on rejecting plaint : Where a plaint is rejected, the judge shall record an order to that
· effect with the reasons for such order.
13. · Where rejection of plaint does not preclude presentation of fresh plaint : The rejection of
p~aint on any of the grounds mentioned under Order 7, Rule 11, shall not of its own force preclude the
plaµttiff from presenting a fresh plaint in respect of the same cause of action.
14. Production of document on which plaintiff sues or relies :
(1) Where a plaintiff sues upon a document or relies upon document in his possession or power in support
ofhis claim : He shall enter such documents in a list, and shall produce it in Court when the plaint is
presented by him and shall, at the same time deliver the document and a copy thereof, to be filed with the I
·plaint.
(~) Where any such document is not in the possession or power of the plaintiff: He ~hall, where possible,
. sqite in whose possession or power it is.
(3) Documents not to be received in evidence without the leave of the Court in certain : A document
which ought to be produced in Court by the plaintiff when the plaint is presented, or to be entered in the
li~tto be added or annexed to the plaint but is not produced or entered accordingly. Shall not, without the
leave of the Court, be received in evidence on his behalf at the hearing of the suit.
(4) Rule not to apply in certain cases : Nothing in this rule shall apply to document produced for the
cross-examination of the plaintiffs witnesses, or handed over to a witness merely to refresh his memory.
15. Sta.tement in case of documents not in plaintiff's possession or power : [Omitted by the Code
of Civil Procedure (Amendment) Act, 1999 (46 of 1999), S. 17 (iv) (w.ef 1-7-2002).
16. Suit on lost negotiable instruments : Where the suit is founded upon a negotiable instrument,
and it is proved that the instrument is lost, and an indemnity is given by the plaintiff, to the satisfaction of
the Court, against the claims of any other person upon such instrument, the Court may pass such decree as
it would have passed if the plaintiff had produced the instrument in Court when the plaint was presented,
and had at the same time delivered a copy of the instrument to be filed with the plaint.
17. Production of a shop-book:
(1) Save in so far as is otherwise provided by the Bankers's Books, Evidence, Act, 1891 (18 of 1891),
where the document on which the plaintiff sues is an entry in a shop-book or other account in his
possession or power, the plaintiff shall produce the book or account at the time of filing the plaint,
together with a copy of the entry on which he relies.
(2) Original entry to be marked and returned : The Court, or such officer as it appoints in this behalf, shall
forthwith mark the document for the purpose of identification, and, after examining and comparing the
copy with the original, shall, if it is found correct, certify it to be so and return the book to the plaintiff
and cause the copy to be filed.
18. Inadmissibility of document not produced when plaint filed : [Omitted by the Code of Civil
· Procedure (Amendment) Act, 2002, S. B(iv) (w.ej 1-7-2002)].
· Notes and case laws :
(a) . Principle of "Dominus Litis": "Dominus" means "Lord, master or owner". "Litis"
i.e.
. means "of a Suit".. Plaintiff is "Do minus Litis " "Plaintiff is master of the Suit".
(b) Suits by Indigent Persons - Application for leave to sue an indigent person when·
_ .granted, Such application shall be a deemed plaint [Order 33, Rule 8] : Where the application is
~7, granted, it shall be numbered and registered, and shall be deemed the plaint in the suit, and the suit shall
:'. · proceed in all other respects as a suit instituted in the ordinary manner, except the plaintiff shall not be
-i · liable to pay any Court-fee payable. for service or process in respect of any petition, appointment of
,·. :.. pleader or other proceeding connected with the suit.
 12. Author-Prol Prakash K. i\-fokal.

(c) Where Plaintiff sues as representative (i.e. in a representative character) [Order -:

Rule 4 of the Code of Civil Procedure, 1908) : The plaintiff shall show not only that he has an actua1
existing interest in thesubject-matter, but also that he has taken the steps (if any) necessary to enable hin
to institute a suit concerning it.
(d) Postage (Section 143 the Code of Civil Procedure, 1908) : It states that postage, wh,:: _;
chargeable on a notice, summons or letter issued under this Code and forwarded by post, and the fee ' ·
registering the same, shall be paid within a time to be fixed before the communication is made. Proviu 1
that the State Government may remit such postage, or fee, or both, or may prescribe a scale of court-fef'<;
to be levied in lieu thereof.
(e) Section 26 of the Code of Civil Procedure, 1908- Suit flied by a company- Si~ning of
Plaint by whom: Suit filed for recovery of insurance amount by the Managing Director of the plaintiff-
company - Though the plaint was signed by the Managing Director, the onus was on the plaintiff-
company to show that the power of management was held by the Managing Director, either by virtue of
some agreement to or under a resolution passed by the plaintiff-company in the general meeting or by its
Board of Directors or by the plaintiff-company - However, authority to file the suit not disclosed nor filed
- in the absence of such authority to file the suit not disclosed nor filed - In the absence of such authority,
it cannot be said that the suit was filed by duly authorized person. (H.P. Horticultural vis.· United India
Assurance Company Ltd. Reported in AIR 2000 HP 11].
(t) Consequences of non-disclosure of cause of action : Suit for recovery of damages due to
negligence of the doctor, impleading Hospital trust, as well as, its Superintendent, however, trustees were
not impleaded - The plaint did not contain details of grievances against co-defendants and also, the prayer
clause was vague and it was not clear as to what reliefs were being claimed against the co-defendants.
Therefore, the suit against co-defendants was held liable to be dismissed. [Venkatesh Iyer vis. Bombay
Hospital Trust, reported in AIR 1998 Bom 373].
(g) Requirement as to material in case of Suit claiming illegal deduction from bills :
There was no material relating to facts about tenns and conditions of contract and about the price, etc. In
the absence of such material, the suit was liable to be dismissed. (M.P. Laghu Udyog Nogam vis. Mi\'.
Gwalior Steel, reported in AIR 1992 MP 215].
(h) Procedure for admission of Plaint : Merely on presentation of the plaint it would not
mean that the plaint stands admitted to the Register of the suits and a number is given to it - Aftn
presentation, the plaint is scrutinized and if there is any defect, it is returned for removal of such defects
and after removal of defects, the plaint can be again presented for admission and admitted.
[Union Bank ofIndia vis. Mis Sunpac Corporation, reported in AIR 1986 Bom 353).
(i) Return of plaint and dismissal of suit - When : Dismissal of suit -'- On the conclusion
that the Court was to return the suit for presentation before the Court of competent jurisdiction. It was not'
proper for the Court to dismiss the suit on that ground, rather the plaint should have been returned for
proper presentation. (R.S.D. V. Finance Co. Pvt. Ltd vis Shree Va/labha Glass Works Ltd, reported in
AIR 1993 SC 2094].
(j) Filing of the map of the immovable property with the plaint in a suit for specific
perfonnance of agreement for sale of immovable property, the plaintiff should file the map of the
property, were not capable of being identified (merely) neither by boundaries nor by numbers, as those
numbers did not appear in records of settlement or -survey. 1h such cases, it is the duty of the Court to see
that the same is done by the plaintiff, even if the def~ndant.does not raise any objection in the said regard.
fPratibha Singh vis. Shanti Devi Prasad, reported in (2003) 2 SCC 330/.
(2) PLEADINGS GENERALLY :
Pleadings Generally-
Order 6 of the Code pf Civil Procedure Code, 1908, talks about "Plead1ngs Generally".
Rules l to 15 of Order 6 are as follows: ·
 CPC 13. Author - Prof. Prakash K. MokaL

1. Pleading: "Pleading" shall mean plaint or wrfrten statement.

·2. Pleading shall contain material facts only and not evidence :
(1) Every pleading shall contain, and contain only, a statement in a concise form of the material facts on
which the party pleading relies for his claim or defence, as the case may be, but not the evidence by which
they are to be proved.
(2) Division into Paragraphs and numbering of pleadings : Every pleading shall, where necessary, be
divided into paragraphs, numbered consecutively, each allegation being, so far as is convenient, contained
in a separate paragraph.
(3) Dates, sums and numbers : It shall be expressed in a pleading in figures, as well as, in words.
3.. Pleading must be in prescribed form : The fonns in Appendix A when applicable, and where
they are not applicable forms of the like character, as nearly as may be, shall be used for all pleadings. I
4. Particulars to be given where necessary : In all cases in which the party pleadings relies on any
misrepresentation, fraud, breach of trust, willful default, or undue influence, and in all other cases in
which particulars may be necessary beyond such as are exemplified in the forms aforesaid, particulars
(with dates and items, if necessary,) shall be stated in the pleading.
S. Further and better statement, or particulars : [Omitted by the Code of Civil Procedure
(Amendment) Act, 1999 (46 of 1999), S. JO (i) (w.ef 1-7-2002)].
6. Condition Precedent : Any condition precedent, the perfonnance or occurrence of which is
intended to be contested, shall be distinctly specified in his pleading by the plaintiff or defendant, as the
case may be, and subject thereto, and avennent of the performance or occurrence of all conditions
precedent necessary for the case of the plaintiff or defendant shall be implied in his pleadirig.
7. Departure : No pleading shall, except by way of amendment, raise any new ground of claim or
contain any allegation of fact inconsistent with the previous pleadings of the party pleading the same.
8. Denial of contract : Where a contract is alleged in any pleading, a bare denial of the same by the
opposite party shall be construed only as a denial in fact of the express contract alleged or of the matters
of fact from which the same may be implied, and not as a denial of the legality or sufficiency in law of
such contract.
9. Effect of document to be stated : Wherever the contents of any document are material, it shall be
sufficient in any pleading to state the effect thereof as briefly, as possible, without setting out the whole or
any part thereof, unless the precise words of the document or any part thereof are material.
10. Notice : Wherever it is material to allege notice to any person of any fact, matter or thing, it shall
be sufficient to allege the same as a fact without setting out the circumstance from which the same is to be
inferred.
11. Notice : Wherever it is material to allege notice to any person of any fact, matter or thing; it shall
be sufficient to allege such notice as .a fact unless the from or the precise tenns of such notice, ·or the
circums~ces from which such notice is to be inferred, are material.
 (., Aurnor - rro . rral(ashli.-MolUil.--
What are suits of civil nature ? How they differ from suits which are not of
civil nature ? Discuss with decided case laws.
Answer:
Section 9 of the Civil Procedure Code; 1908 provides for the suits by Court which are civil in nature. As
per Section 9 of Civil Procedure Code, 1908, the courts are empowered with jurisdiction to try all suits of
civil nature. But, the suits, the cognizance of which are either expressly or impliedly barred, cannot be
tried by the Courts.
What suits are of civil nature are explained by providing two explanations to the Section 9 -
As per the explanation I, a suit in which the right to the property or the right to the office is contested,
such suits are of civil nature. Even if such rights depend upon the determination of the question relating to
religious rites or ceremony.
As per the explanation II, even if the office as referred above is attached to any place or any fees is
attached to the office, still the suit will be of civil nature.
Thus, as per _Section 9, a civil court has jurisdiction to try all the .suits if the follo·,;::-:g conditions are
fulfilled :_
1) The suit must be of civil nature;
2) The suit must not have been expressly or impliedly barred.
If the above two conditions are fulfilled, then the Courts can try all the suits.
What is civil nature of suit ?
The term 'civil' has not been defined anywhere in the Code. It is related to private rights and remedies of
the person. Thus, a suit can be said to be a civil suit if it is filed for the determination of the civil 'rights
and enforcement of those rights. The subject matter of the suit decides whether a particular suit is of a
civil nature or not.
The term "suit of civil nature" only includes the private rights and obligations of the citizen and does not
include determination of political or religious questions.
When a civil suit is filed and the subject matter of the suit relates to the determination of a right to the
property or a right to an office, then the suit is of a civil nature. Even if the determination of right to
property or an office is incidental to the determination of any question relating to the caste or religion, still
the suit will be of civil nature and the jurisdiction of civil Court will not be barred. The Court has
jurisdiction to decide the incidental matter in a suit which are not civil in nature, to adjudicate upon the
matters which are civil in nature.
The Supreme Court has given guidelines to determine whether right to religious office is of civil nature or
not. They are -
_1) The suit filed for declaring the rights to religious honour and privileges are not of civil nature; and
hence, cannot be tried by civil Court.
2) A suit for declaring the right to an office attached to the temple along with the privileges,
remuneration and requisites attached to it can be tried by civil Court.
3) The suit of the nature mentioned above, must have the legal obligation upon the holder of such office
· . to discharge the duties attached to the office which he holds. In case of failure to perform such duties
and obligations, must resultin the imposing of the penalties upon him.
Following are the suits of civil nature : ·
1) Suits for rights of property.
2) Suits for the right of worship.
3) Suits for damages for civil wrong.
4) Suits for specific performance of license.
5) Suits for damages for breach of contract.
 15. Author-Pro. Prakash K. Mokal.

6) Suits for restitution of conjugal rights.

Followine suits are not of civil nature :
... 1) Suits, subject matter of which relates to the caste.
,> ~.z) Suits, subject matter of which involves the religious rites and ceremonies.
:N'}':'3) Suits against the expulsion of a person from his caste.
{(}(ti: 4) Suits for upholding the dignity or honour of the plaintiff.
;~..:~_;~i<'.-.-'.'.~:·- . .
As per Section 9, the plaintiff may file suits which are civil in nature, but where any civil suit is barred,
then such suit cannot be filed in any Court. Such suits may be barred either expressly or impliedly .
. 1) Suits barred expressly:
Suits barred by any enactment for the time being in force, are said to be expressly barred. The legislature
has· power to bar the jurisdiction of civil court for any class of cases of civil nature. This bar can be I
_:, i imposed by the legislature by expressing the legislative power within the constitutional limits. The pursuit

that expressly bars the jurisdiction of civil Court must be construed in a strict sense. In case of any
; ambiguity in the provision, it shall be construed as granting the jurisdiction to the civil Court. Also, if the
· remedy provided by the specific tribunal is not adequate, then the jurisdiction of civil Court is not barred.
Followine suits are expressly barred:
Matters which are dealt with by following special tribunal, are expressly barred by the legislature -
a) Matters relating to Industrial Disputes.
b) Matters relating to Industrial Tribunal.
c) Matters relating to Income Tax Tribunal.
d) Matters relating to Motor Accident Claims Tribunal, etc.

2) Suits impliedly barred:

A suit barred by the general principles of law, are said to be impliedly barred. Thus, a suit of a civil nature
are impliedly barred, the subject matter of which relates to the public policy.
The suits which is impliedly barred are as under :
1. Suits for recovery of money spend in the criminal prosecution.
2, Suits for the loss supported by the person for the act done by the Judge in the course of his duty.
3. The civil Court does not have jurisdiction to adjudicate upon a political dispute.

Thus, it can be said that the Civil Courts are empowered to try the suits of civil nature. But, it cannot try
suits of civil nature which are barred either expressly or by implication.

O. 2 : Explain Stay of Suit.

OR
Discuss the provision of law regarding Stay of Suit.
OR
Write Essay Type Answer on~ Stay of Suit and Res Judicata. {Nov., 2015]
OR
Wtite short notes ·on :
a) Stay of Suit. {April, 2010; April, 2011; May, 2012]
b) Stay of Suit and Res Judicata. {Nov., 2012; Apr(/, 2013;April, 2014}:
Answer:
Section 10 of the Civil Procedure Code, 1908 provides for the stay of suit. This provision of stay of suits
under Section 10 is known as 'Res Sub Judice' . According to Section 10, no Court shall proceed. with the
 16. Author- h K. Mokal.
trial of any suit in which the subject matter of the dispute is in issue, was directly and substantially in
issue in the suit which was initiated previously;
a) between the same parties, or
b) between the parties under whom they or any of them claim, litigating under the same title.
Such previously instituted suit must be pending in the same Court or any other Court in India and such
Court should have jurisdiction to grant the relief claimed in the suit.- Such Court can also be any Court
beyond the limits of India and must have been established by the Central Government having the like
jurisdiction, or it can also be Supreme Court of India.
Following conditions must be satisfied for application of Section 10 :
1) There must be two suits, one previously instituted and another, a subsequently instituted suit;
2) The matter in dispute in both the suits must be substantially the same;
3) Both the suits must be between the same parties or between the representatives of the same parties;
4) The previously instituted suit must be pending in the same court or in any other court within India or
outside India established by the Central Government or in the Supreme Court of India;
5) The Court in which the suit is pending must have the jurisdiction to grant the relief in the pending suit
and also the subsequently initiated suit;
6) Both the parties in both the suits must be litigating under the same title.
If all the above conditions are satisfied, then the Court cannot proceed with the subsequently
initiated suit. As such, the proceeding under the subsequently initiated suit can be stayed under Section I 0
of the Civil Procedure Code, 1908. The provisions contained under Section IO are mandatory and the
Court cannot exercise its discretion under Section l 0. The stay under Section IO can be granted at any
stage of the proceeding in the subsequent suit. If the decision given in the previously instituted suit
operates as Res Judicata, then the subsequent suit can be stayed under Section IO of the Civil Procedure
Code, 1908.
Nature and scope of Section 10 :
The object behind the provision of law contained in Section 10 is to -
1) Prevent the Courts having concurrent jurisdiction to entertain suits on the same case of action having
same parties and claiming the same relief.
2) It confines the parties to only one litigation.
3) It prevents the passing of two contr~dictory verdicts by two or more courts in respect of same dispute
and same relief claimed.
4) Section prevents the multiplicity of suits and conflict between the decision passed by two Courts.
5) Section 10 does not bars the institution of suit, it only bars the trial, if the above mentioned conditions
are fulfilled.
6) The subsequent suit filed by the same petitioner on the same subject matter, cannot be dismissed by
the Court. It can only be stayed by the Court. Explanation to Section 10 provides that, if a suit is
initiated in a Foreign court and such suit is pending in foreign Court, then Section-IO will not apply, if
the fresh suit on the same subject matter between the same parties and for· same relief is instituted in
an Indian Court. Such subsequent suit instituted in Indian C~urt, can be tried by the Indian Court,
while the previously instituted suit is pending in the foreign Court.
Case Law:
(langa Prasad vis. Banaspati, AIR 1937 Nag 132.
Held : In the above case, it was held that, if the parties to the suit waive their right to try the previously
instituted suit and express their willingness to proceed with the subsequent suit, then afterwards they
cannot challenge the validity of the subsequent suit.
 17. Author - Pro . Prakash K. MolcaL
can be seen that, Section 10 of Civil Procedure Code, 1908 only provides for the stay of suit and
\provide for the initiation of the suit by the same plaintiff on the same subject matter and for the
ief._,

'·· Discuss the law relating to Res Judlcata.

' QR
: Explain the Doctrine of Res J udlcata. /April, 201 0; April, 2011J
OR
· -•.·•·_Write Essay Type Answer on - Stay of Sult and Res Judlcata. /Nov., 2015)
... ,,.,..
/: i :Write short notes on :
OR-
,r- ..'a) Res Judicata. [Nov., 2005; Nov., 2010} I
·b) Stay of Suit and Res Judicata. [Nov., 2012; April, 2013; April, 2014)
r. .:
·--11 of the Civil Procedure Code, 1908 embodies the Doctrine of Res Judicata. The term 'lles
' means, the "conclusive Judgment" given either on the facts of the case or on the point of law or
, facts of the case, and point oflaw. Once the matter is finally decided by the competent court, the
. e of Res Judicata prevents the parties to the suit, to initiate the fresh proceedings on the same
of action.
b"rdihg to Section 11, "No courts shall try any suit or issue, in which the matter directly and
" tantially in issue, has been directly and substantially in issue in a former suit between the salhe
, ~s, 'or between the parties under whom they or any of them claim, litigating under the same title, in a
· competent to try such subsequent suit or the suit in which such issue has been subsequently raised,
-~ been heard and.finally decided by such court".
ation I : The expression "former suit" shall denote a suit which has been decided prior to the suit
1.uestion whether or not it was instituted prior thereto.
lanlltion II : For the purposes of this Section, the competence of a Court shall be determined
tive of any provisions as to a right of appeal from the decision of such court.
. lanation III : The matter above referred to must in the former suit have been alleged by one party
}:;~4•tHther denied or admitted, expressly or impliedly, by the other party.
D. .
·.· txplanation IV : Any matter which might and ought to have been made ground of defence or attack in
suth' former_ suit, shall be deemed to have been a matter directly and substantially in issue in such suit.
r ., . '\

txp.lanation V : Any relief claimed in the plaint, which is not expressly granted by the decree, shall, for
;. th';p_urposes of this Section, be deemed to have been refused.
· • txplanation VI : Where persons litigate bona fide in respect of a public right or of a private right
i> di.aimed)_n common for themselves and others, all persons interested in such right shall, for the purposes
}" ·. Of this Section, be deemed to claim under the persons so litigating.
~'
~- .
.
. .
·'} ·_tj.pltmation VII : The provisions of this Section shall apply to a proceeding for the execution t1f a decree
.J:anc(i-eferences in this Section to any ·suit, issue or former suit shall be construed as_ references,
· respectively, 'to aproceeding for the execution of the decree, question_ arising in .such proceeding and a
fotmer·proceeding for the execution of the decree.
CPC 18. Author-Prof. Prakash K. MokaL
Explanation VIII : An issue heard and finally decided by a Court of limited jurisdiction, competent to
decide such issue, shall operate as res judicata in a subsequent suit, notwithstanding that such Court of
limited jurisdiction was not competent to try such subsequent suit or the suit in which such issue has been
subsequently raised.
The object of Section 11 is to give finality to the litigation. It says that, no person should be harassed
twice for the same cause of action and there should be an end to litigation on the same cause of action.
The term "Res" means. a thing and "Judicata" means. adjudicated. Thus, as per Section-I I when a matter
is adjudicated upon by the competent Court, then fresh suit on the same subject matter cannot be initiated
for the same relief. Here, the maxim "Nemo debet bis vexari pro una of eadem cause" is applicable
which says that "No man should be vexed twice for the same cause of action". There is difference
between Section 10 and Section 11. ·Section l Odeals with Res Sub Judice according to which, a matter is
already initiated, but the final executable judgment has not been pasS"ed and is pending the trial. While
Section 11 deals with Res Judicata according to which a matter is already adjudicated and an executable
judgment is already passed.

To amply the rule of Res Judicata under Section 11, following conditions must be
tulfdled-
1) The matter which is directly and substantially in issue in the subsequent suit, must be the same matter
which was directly and substantially in issue in the form of suit. The matter may be actually in issue
or it may be in issue constructively.
2) The previously instituted suit must have been a suit between the same parties or between the parties
under whom they or any of them have claim.
3) The title of the former suit and later suit must be the same i.e. the parties must litigate under the same
title.
4) The Court deciding the former suit, must have been competent ·court and should also be competent to
try the subsequent suit.
5) The matter which is directly and substantially in issue in the subsequent suit, must have been heard
and finally decided by the competent Court in the former suit.
To apply the Doctrine of Res Judicata, all the above conditions must be fulfilled. Only the matters which
are directly and substantially in issue, are considered as Res Judicata. Matters which are collateral or
incidentally in issue, does not form the subject of Res Judicata.
The judgment in a former suit binds the parties in the former sujt or the parties litigating under them. But,
if the parties in the subsequent suit are different, then the Doctrine of Res Judicata will not apply.
The Doctrine of Res Judicata not only include the matters that were actually claimed in the suit, but also
covers matters which might and ought to have been made, if the parties were having an opportunity to
contravene it. This is known as constructive Res Judicata on the grounds in the subsequent suit; which
ought to have been made in the former suit, but were not made by the parties are also covered by Doctrine
of Res Judicata. ·
· The Ju~~ent given by the court not competent to try it shall not operate as Res Judicata.

Stay of Suit and Res Judi.cata - Summary : Stay of Suit (Section 10) :
No.Court .s~ll try second suit in which matter in issue is directly and substantially same in an ~arliersuit
1

·filed ~efqre, between same parties or between parties under whom they claim, wl,ich is pending ·the .
·hearing in that or any other:court The second suit will be stayed till the decision of the first suit. ..
No court .sha.Il proceed with trial of any suit in which the ma~er in h,sue which is ,also. qirectly and
substantially in issue in a previously. instituted suit between the same parties. ·Thus, subsequently
instituted suit is stayed - Exceptions. pendency of suit in a foreign Court.
 19. Author - Prof. Prakash K MokaL
))Thus, when one suit is filed and pending, another suit is filed between the same parties or under whom
} they- claim, on same issues and questions, then the second suit is stayed till the disposal of the first suit.

' · Res Judicata (Section 11) :

No Court shall proceed with trial of second suit in which matter in issue is directly and substantially same
in an earlier suit filed before a Court, between same parties or between parties under whom they claim
and the first suit is finally heard and decided, the second suit will be dismissed.
The rules in both provisions are based _on the principle to prevent multiplicity of proceedings, to prevent
conflicting decisions in the same matter, to prevent a dishonest person to indulge in delaying litigation.
Under Section 11 of the CPC - No court shall try any suit or issue, in which the matter directly or
substantially in issue in f~rmer suit between the same parties or under the same title, and has been heard
and finally decided by such Court. Thus, suit pending in a Court cannot be tried again, and is governed by
decision of adjudicated suit between the same parties. I
Thus, when one suit is heard and decided and another suit is filed between the same parties or under
--whom they claim, on same issues and questions, then the second suit is dismissed.
Both provisions are meant to prevent multiplicity of proceedings - Principle of Prang Nyaya - No person
can be vexed twice for the same cause, to prevent unnecessary litigation, waste of time, money and
energy.

O. 4 : Define Decree. What are the essentials of a Decree ?

OR
Enumerate and explain the various decrees recognized by the Code of Civil
Procedure.
OR
What is decree under Code of Civil procedure ? When the decree is
preliminary and when it is final ?
OR
"Decree is different from order and decree can be preliminary and final
decree" - Discuss.
OR
Write Essay Type Answer on - Types of decrees and modes of execution. [Nov.,
2010; Nov., 2008; Nov., 2011]
OR
Write a short notes on:
a) Types of decrees. [April, 2006]
Answer:
The term "decree" has been defined under Section 2 (2) of the Civil Procedure Code, 1908. Accordingly,
"Decree means, the formal expression of an adjudication which, so far as regards the Court expressing it,
conclusively determines the rights of the parties with regard to all or any of the matters in controversy in
the suit and may be either preliminary or final".
It shall be deemed to include the rejection of a plaint and the determination of any question within
Section 144, but shall not include - · · '
a) any adjudication from which an appeal lies as an appeal from an order, or
b) any order of dismissal for default.
A decree is Preliminary when further proceedings have to be taken before the suit can be completely
: disposed off. It is Final when such adjudication completely :disposes of. the suit. It ·may be partly
preliminary and partly final. ·
 CPC 20. Author - Prof; Prakash K. Mokal
Analysts:
l) Decree means, a formal expression of adjudication which is expressed by the Court.
2) The formal expression of an adjudication conclusively detennining the right of the parties .
. 3) These rights of the parties relate to any or all the matters which are in controversy in the suit.
4) Decree includes the following -
a) A rejection of a plaint
b) Determination of any question within Section 114 of the Civil Procedure Code, 1908.
Note: Section 144 embodies the Doctrine of Restitution.
Decree does not include the following -
a) An order of a Court or dismissal for default
b) An adjudication for which an appeal lies as an appeal from order

Essentlal Elements ot a Decree :

An adjudication given by a Court can be divided into two parts -
1) Order and,
2) Decree.
The tenn 'order' has been defined under Section 2 (14) of the Civil Procedure Code, 1908 as - "the
fonnal expression of any decision of a civil court which is not a decree".

For an order to qualify as a decree, following essential elements should be present -

1) Adjudication;
2) Suit;
3) Determination of rights of the party in controversy;
4) The detennination should be conclusive;
5) The adjudication must be expressed fonnally.

1) Adjudication :
The tenn 'adjudication' means, the judicial detennination of the matter in dispute. Thus, for an order to be
a decree, there must be a judicial determination of the matters in dispute. If there is no judicial
determination, then the order of the Court will not qualify for decree.
Example : Following ar~ the non-judicial detennination of the dispute -
1) The decision given by the Court on any matter which is administrative in nature, shall not be a decree.
2) An order which dismisses an appeal for want of prosecution, shall not be a decree.
3) If the parties do not appear in the case, and the suit is dismissed, then such an order of dismissal for
default of the party, will not be a decree, because, in such a case, there is no adjudication i.e. the
judicial detennination.
4) An order of any officer who is not a Court, shall not be a decree.
S) Where a minor is not properly represented in a suit and the suit is dismissed, then the order of
dismissal shall not be a decree.
Thus, there should be an adjudication i.e. judicial detennination of the dispute.

2) Sult:
·Suit means, a civil proceeding instituted by the presentation of the plaint. The term suit has not been
defined anywhere in the Code. For an order of the court to be a decree, it must be passed in a suit.
Therefore, any order passed in any proceeding which is not instituted by the presentations of a plaint, witl
not be a decree, because, the proceedings will not a suit. Thus, there cannot be a decree in the absence of a
civil suit. · ·
txample:
Application of ,an indigent person for a leave of the Court to sµe; .is not .a suit. The order ·passed· by the
Court on such application, .'does not qualify for decree. After tqe order is passed, the plaint comes into -
existence and the suit can be filed. ·
 21.
lions:
"-"\foilowing enactments, an application under specific provisions is deemed to be a suit, they are -
. _; roceedings under the Indian Succession Act;
/'proceedings under the Guardians and Wards Act;
: proceedings under the Provincial lnsolvency Act;
. proceedings under the Hindu Marriage Act; .
proceedings under the Land Acquisition Act;
proceedings under the Arbitration Act.
'> e_proceedings initiated under above enactments, are called statutory suits and the decisions given under
Jove suits, are decrees.
:~ An adjudication determines the right of the parties in controversy :
.· e adjudication i.e. the judicial detennination must determine the right of the parties with regard to all or
'any of the matters in controversy in the suit. I
.-:Here, the term 'right' relates to only "substantive rights" and does not include any procedural rights. The
:> rights relating to the following ~re the substantive rights -
_/ti a) Rights relating to status;
b) Rights relating to limitation;
c) Rights relating to jurisdiction;
d) Framing of suit;
. e) Accounts; etc.

Order passed in the following cases is not a decree -

a) an order of dismissal for default of appearance;
b) an order that refuses leave to sue by indigent person.
Since, in the above application, the order of Court does not determine the rights of parties, it is not a
decree.
4) The determination should be Conclusive :
The judicial determination should be the conclusive determination of the controversy in the suit. Such
determination should be final and conclusive determination, in relation to the Court which has made it.
An interlocutory order, is not a decree, as it does not conclusively and finally determine the rights of the
party in the suit.
Thus, an order which is the final determination of the rights of the parties in a suit, is a decree.
5) The Adjudication must be addressed formally :
The judicial determination of the dispute must be expressed formally. The formal expression must be as
per the requirements of the law. It should comply with all the requirements of the form. The decree is
separately drawn after the judgment. If the ·above requirements are not fulfilled, then there wm be no
formal expression of the order and it shall not be a decree.

Types of Decrees under the Code of Civil Procedure; 1908 :

Following are the types of decrees recognized under the Code of Civil Procedure, 1908 -
a) Preliminary decree; .
b) Final decree; and
c) Partly preliminary and partly finai decree.

1) Preliminary Decree :
A preliminary decree conclusively determines.the rights of the parties with regard to some of the matters
· in controversy in the suit. In such a case, the suit is not completely disposed off, and other matters remain
to be determined before the suit is completely disposed off. If the preliminary decree is passed by the
Court, and the party against whom it is passed, does not appeal to the Court against the preliminary
decree, then he cannot subsequently, dispute for the correctness of the preliminary decree in any appeal
which is preferred from the final decree passed in the same suit.
Preliminary decree can be passed in the following suits -
1) Suit for recovery of possession of immovable property and for Rent. [0.20, R.12].
2) Pre-emption suit. [O.20.R.14].
3) Suit for dissolution of partnership. [O.20.R.15].
4) Suit for administration of the estate of the deceased. [O.20.R. l 3].
5) Suit for accounts between principal and agent. [O.20.R. l 6].
6) Suit for partition and separate possession. [O.20.R. l 8].
A preliminary decree is passed just before the final decree is passed. lf an appeal is made against the
preliminary decree, and it succeeds, then the final decree passed in the suit does not stand, as it is not
supported by preliminary decree. In such a case, the final decree is automatically set aside.

2) Final Decree :
A decree is said to be final in following ways, they are as under -
1) When the Court, which passes the decree, completely disposes off the suit, then the decree is said to be
final. When all the matters in dispute are decided in the suit and the suit is disposed off, then the decree is
said tQ be final.
2) The decree is also said to be final when the period of limitation for filing of appeal has expired. The
decree is said to be final when the filing of appeal is barred by period of limitation.
3) When all the matters in dispute are decided by the highest court, then the decree is said to be final
decree.
In final decree, nothing remains to be decided afterwards, and all the matters in dispute are judicially
determined.
Example:
When a suit for recovery of money is filed, and the Court declares the amount which is due to the decree
holder and also declares the manner in which the money is to be paid to the decree holder, it is said to be·
fmal decree. ·
Normally, in every suit, only one final decree is passed. But, in special circumstances, more than one final
decree can be passed in the same suit.
Case Law:
.Kanji vis. Jivraj, AIR 1976 Guj. 152-
It was held in this case that, when two or more causes of action are joined together in a suit, then more
than one final decree can be passed in the same suit.

3) P.artly Preliminary and Partly Final Decree :

A decree passed in the suit can be partly preliminary, and partly final.
This can be understood from the following illustration -
Illustration :
When a suit for the recovery of possession of immovable property filed with m,esne profits, then Court·
may pass a decree which is partly prelimina.')' and partly final by passing the decree for possession of the
immovable property and directing an enquiry into the mesne profits.
·This is a partly final and partly preliminary decree. In this decree, the final decree is passed for the·
possession of immovable property_ and the preliminary decree is passed by directing an enquiry into
mesne profits. The final decree in case of mesne profits can be passed only when the total amount due is
ascertained after the enquiry.· Here. in this case, any one decree passed which is partly preliminary and
_partly final. . . . . . .
 CPC.

Followings are not decrees -

1) an order of dismissal of appeal for default.
2) an order for appointment of Commissioner for taking account.
3) an order for remand of suit for fresh-disposal.
4) an order which grants interim relief.
5) an order by which a plaint is returned for presentation to the Court.
6) orders passed under Section-104 and 0. 43 (appellate order) are not decrees, as they are orders by
which stay of suit is granted.
Following orders are called decrees -
1) Rejection o(a plaint: When a plaint is rejected, then the order of rejection is a decree.
· -2) Detennination of question under Section 144 : When an application for Restitution is filed under
Section 144 of the Civil Procedure Code, 1908, then the order passed by the Court in such an
application, is a decree.
3) Order of abatement of suit. I
4) Dismissal of appeal due to barred by period of limitation.
5) An order of rejection of plaint for non-payments of court fees.
6) Every order passed in execution proceeding is not a decree.
These are the types of decrees and the essential elements of a decree.

O. 5: What is Execution of a Decree? What are the modes of execution of a

decree under the Civil Procedure Code. [Nov., 2006; April, 2013; May, 2012)
OR
Briefly explain the modes of Execution of a Decree.
OR
How can a decree for restitution of conjugal rights be executed where the
party against whom it has been passed, willfully fails to obey it ?
QR
Define a decree and explain the various modes of execution of a decree
under the Civil Procedure Code.
OR
Write Essay Type Answer on - Types of decrees and modes of execution.
[April, 2008; Nov., 2008; Oct., 2009; April, 2015; Nov., 2011}
OR
Write short notes on :
a) Modes of execution of a decree. /April, 2006; Nov., 2008)
b) Modes of execution of decrees and orders. [Nov., 2015)
c) Execution of decree. /Nov., 2012}
Answer:
Execution of a decree :
Execution is enforcement of Decree by recovery of money or property from the Defendant by applying to
the same Court or the Court within whose jurisdiction the Defendant may be having money or property.-
Application to be made by the Plaintiffi'Decree holder.

Modes of execution of decree : . .

Recovery of property, Attachment, Sale, Appointment of Receiver, Civil imprisonment or· Any other
mode necessary, Issuing Garnishee notice to debtors of judgement debtor asking them not to pay him but
deposit is the Court. ·
 ~~~~-------------:.Afflharr.Pro£ Prakash K. Mokal.
..'t.~.

The Civil Procedure Code, 1908 lays down various modes of execution of a decree. When the decree
holder files the application for the execution of decree, the executing Courtcan
enforce the execution.
The decree can be enforced -
a) If the decree ls for the payment of money : The decree can be executed by the detention of
judgment debtor in the civil prison or by the attachment and sale of the property.
b) If decree is for specific movable property : Where a decree is for a specific movable property, it
may be executed by the seizure of the movable property and by delivery of the property to the party to
whom it has been adjuclged, or by detention of judgment debtor in the civil prison or by attachment of
his property or both.
c) If decree is for the specific performance for restitution of conjugal rights: If the decree is passed
for the specific performance of the contract or for restitution of conjugal rights, and if the person
willfully disobeys it, then the decree can be enforced by the attachment of property in case of
restitution of conjugal rights. But, in case of specific performances of contract, the decree can be
enforced by the detention of judgment debtor in the civil prison or by attachment of his property or by
both.
Where the decree is for restitution of conjugal rights, the Court may order that if the decree is not
obeyed within the period as may be fixed in this behalf by the Court, then the judgm~nt debtor shall
make to the decree holder periodical payments as may be just and required. The judgment debtor shall
serve to the decree holder such periodical payment. The Court may from time to time vary or modify
any order of payment made as above.
d) If decree is for execution of a document or for the endorsement of ~egotiable instrument :
Where the decree is for the execution of ·a document or for the endorsement of negotiable
instrument and the judgment debtor neglects or refuses to obey the decree, the decree holder may
prepare the draft of the document or endorsement in accordance with the terms of the decree and
deliver the same to the Court. The draft is, thus, served upon judgment debtor. If any objection is
raised by judgment debtor then after considering such objections, the Court shall make such
changes in the draft as it thinks fit. The decree holder shall submit the draft with the required
changes made on the stamp paper if required, to the Court. The Judge or such officer appointed in
this behalf shall execute the document so delivered.
e) If decree is for the immovable property:
Where the decree is for the delivery of the immovable property, the possession of the property
shall be delivered to the party to whom it has been adjudged or to such person as he may appoint
to receive ~he delivery on his behalf. If any person refuses to vacate the property, then such person
shall be removed from the property. If the decree is for the joint possession of immovable property
or under possession of a tenant, then possession shall be delivered by affixing a copy of the
warrant at some conspicuous place on the property.
These are the modes of execution of the decree.
Summary:, .
Execution of.decree by attachment, sale, delivery of property, payment of money, appointment of a
receiver, arrest and detention in civil prisqn, Garnishee notice to banks or company .or debtor- holding
· defendant's money, or shares or property or any other manner re_quired -Application to the same Court or
to the Court within whose jurisdiction the property is wrongfully sold in execution of a decree defendant
has a property - all questions regarding possession, recovery, etc. to be decided by ·the Court executing
1: decree, summarily, withoutanother·suit- it will have ail powers. '

,.
I\
 25.
es of Decrees and Modes of Execution: Summa
es of Decrees : Preliminary, Final, Partly Preliminary, Partly Final, Decree for recovery of mon!f_.·_
:.property,. Specifi~ yerf~rmance of a contract, Partition of property, Dissolution and Accounts qf:
{}JQJ'fflershtp, Admm1strat1on, etc. · ·.
tF': Jxecution : Execution application to any Court within whose jurisdiction defendant resides or has
f/; J:>,usiness or property.
}>Modes of Execution :· By Attachment, Sale, Arrest of the defendant, Injunction, Appointment of
t· J~.eceiver, any other manner as may be required. I
"The Court executing the decree cannot go behind the decree" - Discuss.
QR
Can a Court executing the decree go beyond the decree or decide the
validity of the decree or make necessary changes in the same? If so, under
what circumstances ?

~i,swer:
Section 38 of the Code says that, a decree may be executed either by the Court which passed it or by the
·Court to which it is sent for execution.
j:b.e tenn used in Section 38 is "Court which passed the decree" the term enlarges the scope of Section 38.
C.::Accordingly, the following Courts fall within the said expression -
) the Court of first instance which actually passed the decree,
) the Court of first instance in case of appellate decrees,
: ) where the Court of first instance ceases to enlighten the Court which has jurisdiction to try the suit at
. the time of execution, and
where the jurisdiction of the Court of first instance ceases, then the Court which at the time of
execution would have jurisdiction to try suit.
~ us, the above mentioned Courts can execute the decree passed on the judgment. But, a Court executing
: decree cannot go behind the decree and the decree must be execu~ed as it stands, and on the day of
~ ecuting the decree has no power to entertain any objection,
·J as to the validity of the decree, or
-~ attain legality of the decree, or
) as to the correctness.
. e decree on the following objections, cannot be entertained by the Court executing the decree -
) that the decree was passed against the wrong person. ·
.l- that the decree was passed against a minor or a lunatic person, who was not properly represented in
"\ . the suit.
foce, the decree is binding and conclusive between the parties, the decree must be executed by the Court
: it is. If the decree is set aside in appeal or in revision, the executing Court cannot execute the same
en if the parties to the decree give their consent to alter it. The Court executing the decree cannot alter it
. vary the terms of the decree.
· ,' en· if the decree is passed by the Court having no jurisdiction, the executing Court cannot refuse to
··ecute it. ·
CPC 26. Author - Prof. Prakash K. MokaL
Karan Singh vis. Chaman Paswan -
Supreme Court held that, a decree passed by the Court without jurisdiction, is a nullity. The validity of
such decree can be challenged even at the time of execution.
If the· suit is beyond the pecuniary jurisdiction of the Court and decree is passed in such a suit, then the
decree can be challenged at the time of execution. When a person is dead and a decree is passed in the suit
without bringing the legal representative on record, then such decree cannot be executed.
Thus, it can be seen. that, the Court executing the decree cannot go beyond the decree to test its validity.

O. 7: Under what circumstances shall a Foreign Judgment not be conclusive as to

any matter thereby directly adjudicated upon.
- Foreign Judgments binding on courts
What are Foreign Judgments ? Are
OR I
under the Code of Civil Procedure ?
QB
Write a short note on : ·
Foreign Judgment. [Nov., 2005; Nov., 2008; April, 201 l; Dec., 2014/

Answer:.
Section 2 (5) defines the term 'Foreign Judgment'. Accordingly, foreign judgment means, the judgment
of a foreign court. According to Section 2 (5), foreign court means, a court situated outside India and not
established or continued by the authority of the Central Government.
"The term 'Foreign Court' means the Court situated outside India. Thus, a foreign judgement means an
adjudication by a Foreign Court upon a matter before it" - Brijlal vis. Govendram AIR 194 7, SC 192.
A Foreign Court being competent to try a suit relating to immovable property situated not within its
jurisdiction, the grounds on which its decision relating to title to immovable property within its
jurisdiction of the municipal courts even if the latter properties are alleged to be held on the same title. . . -~
·. ·.. I
Every issue and. every competent of the issue relating to title to immovable property must be decided by
the Court within whose jurisdiction it is situate - Vishwanathan vis. Abdul Majid.
As per Section 13, a judgment delivered by a foreign court having competent jurisdiction can be enforced
:';~
... -·'i

'~:A
in India.
Section I 3 says that, a foreign judgment is conclusive as to any matter thereby <;lirectly adjudicated upon
between the same parties, or between parties under whom they or any of them claim, litigating under the
same.
But, under following six cases the foreign judgment shall not be conclusive, they are -
1) If the foreign judgment has not been pronounced by the court having competent jurisdiction.
·2) Where the foreign judgment is not given on the merits· of the case.
3) ·Where a foreign judgment appears to be on the face of proceeding to be founded on incorrect view of .
the international law or where the recognition o.f Indian law was not referred in cases where the Indian
law is applicable. ·
4) Where the foreign judgment was delivered in a proceeding which was opposed to principles of natural
justice.
5) If the foreign judgment has been obtained by fraud.
6) Where the foreign judgment is made on a claim which was founded on a breach of any law which is in
force in India.
Under the above circumstances, a Foreign judgment shall not be conclusive and shall not be enforceable ·
in courts in India.
 CPC 27. Author - Prof. Prakash K. Mokal.
Thus, we can say that in order that the foreign judgment to be enforced in India, it must be pronounced by
competent court, on the merits of the case, founded on correct view of international law. Foreign
judgment must not be opposed to natural justice and must not be obtained by fraud. foreign judgment
shall not be binding if any Indian law is refused to be recognized or if it is based upon a claim founded on
a breach of Indian law.
Section 14 provides a presumption in relation to foreign judgment. According to Section 14, the Indian
court shail presume that the foreign judgment is passed by the court of competent jurisdiction, if the
certified copy of foreign judgment is submitted to it. If any contrary facts appear on the record, then such
presumption shall not be made by the court.
The presumption can be dispensed with if it is proved that, the foreign judgment was not passed by I
competent court.
This is the law relating to foreign judgment.

O. 8 : Discuss fully the provisions regarding the place of suing in respects of suits
under the Code of Civil Procedure.
OR
Write essay type detail answer on - Jurisdiction, types of jurisdiction. /Nov.,
2013}
OR
Explain the principles of jurisdiction under the CPC. {May, 2007]
OR
Write a short note on :
Jurisdiction of court and its types. {Oct., 2009; April, 2010; April, 20 I I; May,
2012; April, 2013; Dec., 2014; April, 2015; April, 2016]
s

y Answer:
Jurisdiction of a Civil Court :
Where a defendant or any of the defendant resides, carry on business or works for gain, where cause of
:d action arose wholly or in part, where immovable property is located, where wrong was done to person or
movable property or where defendant resides, etc.
Sections 15 to 21-A - The courts shall have jurisdiction to try all suits of a civil nature except those that
are expressly or impliedly barred [Section 9 of the CPC.]
Every suit is to .be filed in the court of the lowest grade competent to try it [Section 15 of the CPC].
Under the Code of Civil Procedure, 1908 different types of suits can be filed. For e.g. Suits for movable
property and suits for immovable property, suits on dispute arising from contract, matrimonial suits, etc.
of
The jurisdiction oftlie civil court can be determined under various circumstances -
ian
1) where a defendant or any of the defendants resides, carry on business or works for_gain, 2) where cause
·· of action arose wholly or in part, 3) where immovable property is located, 4) where wrong was done to a ·
person or movable property or where defendant resides, etc.
Section 15 lays down that, every suit should be instituted in the court of lowest grade which is
sin · c~mpetent to try it - ·
The object of Section 15 is - ·
1ble 1) That the court of higher grades should not be over burdened with suits, and
2) The parties and witnesses which shall be examined in the suit shall not be put to inconvenience.
CPC 28. Author - Prof. Prakash L MokqL
However, Rule under Section 15 is a rule of procedure and does not affect the jurisdiction of the court.
The decree passed by the court of higher grade is not to nullify, it is merely irregular.
Section 15 deals with the pecuniary jurisdiction of the court :
In the city of Mumbai. the Small Causes Court can tIY matters in suits where the value does not exceed
Rs. 10,00,000/- (upto Rupees Ten Lakhs): The City Civil Court can try matters where the value does not
exceed Rs. 100,00.000/- (upto Rupees One Crore) and the matters above Rs. 100,00,000/- (above Rupees
One Crore) is tried in the original jurisdiction of the High Court.
The territorial jurisdiction of the Court may be divided into four classes :
1) Suits in respect of immovable property.
2) Suits in respect of movable property.
3) Suits for compensation for wrong ..
4) Other suits.

1) Suits for immovable property :

Section 16 to 18 deal with the jurisdiction of court in respect of suits for movable property.
Section 16 deals with local and territorial jurisdiction -
According to Section 16, following five kinds of suits can be filed in respect of immovable property -
a) suits for the recovery of immovable property with or without rent or profits.
b) suits for the portion of immovable property.
c) suits for the foreclosure, sale or redemption in the case of mortgage for charge upon the .
immovable property.
d) suits for determining any of the rights or interest in immovable property.
e) suits for compensation for wrong to immovable property.
f) suits for recovery of the movable property actually under destraint or attachment.

All the above kinds of suits can be instituted in the court within the local limits of whose jurisdiction the
property is situated; But as per the provision to Section 16 if the suit is for obtaining the relief in respect
of immovable property for compensation for wrong to immovable property which is held by, or on behalf
of the defendant and such relief can only be realised by the personal obedience of the defendant, then such
suit can be instituted in the court within the local limits situated or of whose jurisdiction the defendant
actually resides or carries on business or any person works for gain. The term property is used in relation
to the property situated within the territory of India.
Section 17 provides for the Rules for institution of suit in respect of immovable property which is
situated within jurisdiction of different courts - .
According to Section 17, if the suit is to obtain relief in respect of immovable property or for . . ·:.\
compensation for wrong of immovable property which is situated within the jurisdiction of different
courts then the suit can be instituted in any court within the local limit of whose jurisdiction any portion
<>f the property is situated. The value of the subject matter of the suit must be within the pecuniary
jurisdiction of the court who is competent to try it.
Section 18 provides for the limitation of suits in the courts where the jurisdiction of the court is ·
uncertain ...:
Where it is uncertain th~.t within the local limits of the jurisdiction of which of the two or more courts an .
immovable property is situated, then anyone of ~ose courts may proceed to entertain and dispose. off the
suit relating to that property. The court proceeding with the suit must be satisfied that there is a ground for
the alleged uncertainty and should record the statement to that effect before proceeding with the suit. The
decree passed by the court in such a Sllit will have the same effect, as if the property were situated within_
 CPC 29. Author - ProC Prakash K. MokaL
the local limits of its jurisdiction. The court proceeding with the suit must be competent to try the suit as
regards the total value of the suit is concerned and the court have that pecuniary jurisdiction.
Section 18 (2) provides that, if the court proceedings with the suit does not record the statement of
uncertainty as required under Section 18 (I), and passes the judgment, then if an objection is taken in an
appellate or revisional court that a decree or order in such a suit relating to such a property was made by
the court not having jurisdiction where the property is situated, then such an objection shall not be
allowed by the appellate or revisional court, if in its opinion -
a) at that time of institution of suit, there were reasonable grounds of uncertainty as per the
jurisdiction of the court and consent to that;
b) there has been no failure of justice. I
Thus, Sections 16 to 18 provides for the territorial jurisdiction of the courts in which the suit can be
instituted.
2) Suits relating to movable property (Section 19).
3) Suits for compensation for wrong (in tort) :
Section 19 deals with the Rule to provide for the compensation in respect of wrong as done to a person or
movable property. As per Section 19, if the suit is for compensation of the wrong done to the person or to
movable property and the wrong was done by the defendant within the local limits of jurisdiction of one
court and the defendant resides or carries on business or any person works for gain, within the local limits
of jurisdiction of another court, then the suit may be instituted at the option of the plaintiff in, either of the
courts, i.e. the court within the local limits of whose jurisdiction the defendant resides or the court within
the local limits of whose jurisdiction the wrong was done by the defendant.
Thus, Section 19 provides the discretionary power to the plaintiff, to which of the several courts, the suit
can be filed by him.
4) Other suits:
Section 20 deals with the Rules for filing the suits which are not covered under Section 16 to 19. These
suits can be instituted by the plaintiff in any of the following courts within the local limits of whose
jurisdiction -
a) the cause of action arises wholly or in part, or
b) the defendant or each of defendants, where there are more than one defendant, at that time of institution
of suit actually and voluntarily resides, or carries on business or personally works for gain.
c) any of the defendant, if there are more than one defendant, at the time of commencement of suit,
is actually and voluntarily resides or carries on the business or personally works for gain, but in such a case
either,
for I) the leave of the court is obtained, or
ent ·tt) the defendant who does not reside, or carry on business, or personally works for gain.
ion. Where the· suit is to be initiated against the corporation, and the corporation has a subordinate office at
ary any place in India, then the corporation shall be· deemed to carry on business at its sole or principal office
or in respect of any case of action arising at any place, where it has any subordinate office.
t is
·These are the Rules for the place of suing, where the suits can be instituted by the plaintiff.

; an O. 9 : Explain and illustrate the provisions relating to issue of summons to

·the · ·: defendants.
l for· OR
The ( What is writ of.summons? Howls it served? [Apri/;2014]
thin , _OR
--CPC 30. Author - Prof. Prakash K. MokaL
Write essay type answer on - Writ of summons and modes of its service.
{April, 2011; Nov., 2012; Nov., 2015]
OR
Write a short note on :
Writ of Summons and its service. fApril, 2006; Nov., 2008; April, 2009; OcL,
2009; May, 2012; Nov., 2012; April, 2015]
Answer:
Writ of Summons is a summons issued by court to the defendant to appear and answer the claim of the
plaintiff in a suit and to file Written Statement of his defence within 30 days.
The Summons to be delivered or sent through proper officer or one of his subordinate or through
approved courier service. It may be transmitted by registered post AID. Plaintiff may also serve the
summons personally upon the defendant. Service to be effected on defendant personally when practicable
or on his agent. If service could not be effected on defendant despite efforts, it can be effected by
subordinate service i.e. by pasting on outer door or by publication in newspaper circulated in area where
the defendant's last known address.
Writ of Summons is summons issued by court to the defendant to appear and answer the claim of the
plaint~ff in a suit and to file Written Statement of his defence wit~in 30 days.
Issue and Service of Writ Summons -
On filing of a suit, the Court will issue writ of summons to the Defendant, with copies of Plaint, Affidavit
and documents filed by the Plaintiff - date and time is fixed for the Defendant to appear in that Court and
fi1e Written Statement of his defence - if he fails to appear, then ex-parte decree is passed - Written
Summons to be served in person by the Bailiff of Court or by Registered Post, fax, e-mail, courier - if the
Defendant avoids to accept summons, then it may be pasted to outer door - substituted service by
publication in the newspapers - Letter of Request to high ranking person instead of summons.
Sections 27 to 30 and Order 5 deals with the provisions relating to issue of summons -
According to Section 27, when a suit is duly instituted, a summons may be issued to the defendant to
appear and answer the claim, such summons must be served upon the defendant within 30 days from the
·date of institution of the plaint.
When the defendant resides in another state, Section 28 provides the manner in which the summons
can be served upon him -
According to Section 28-A summons to be served upon the defendant residing in another State, 1) must
be sent for service to such Court in another State and in such a manner as may be prescdbed by rules in
force in that State. 2) The Court to which the summons is sent, shall, upon receipt of summons shall
proceed as if it was the summons issued by that Court itself. 3) The Court servicing the summons shall,
then return the summons to the. Court wh1ch has issued it and ·shall submit the record of its proceedings
with regard to service of summons. 4) Where the language of the summons sent for service in another
State is different from the language of the record of the proceeding of the Court servicing the summons,
.then a translated copy of the record must also be sent with the record. Such translated copy can be in -
a) Hindi where the language of the Court issuing the stimrhons is Hindi, or ·
b) in Hindi or English where the language of such
. record. is other than Hindi. or English.
Foreign summons should be served as per. the provisio:ns ,of Sectio~ 29 of the Civil Procedqre. Code,
1908- . .
According to Section 29, all the summons and other processes issued by,
 Author - Prof. Prakash K. Mokal.

a) any Civil or Revenue Court established in any part of India to which the provisions of the Civil
Procedure Code, 1908 do not extend, or
b) any Civil or Revenue Court established or continued by the authority of the Central
Government outside India, or
c) any other Civil or Revenue Court outside India to which the Central Government has declared
that the provision of Section 29 shall apply, by notification in the Official Gazette, may be sent
to the Courts in the territories to which this Code extends and served as if they were summons
issued by such Courts.

Section 30 of the Civil Procedure Code, 1908 provides for the power of the court to issue order for
the discovery, attendance, etc. -
According to Section 30, if an application is made by any party to the court, or the court may on its own I
motion may, -
a) make the necessary or reasonable order in all the matters relating to the delivery and answering of
' interrogation;
b) the admission of document and facts;
c) the discovery, inspection, production, impounding and return of documents or other material objects
that can be produced as evidence;
d) -·issue summons to persons whose attendance is required either to give evidence or to produce
documents or other purpose as mentioned above;
e) order any fact to be proved by an affidavit.

Section 31 provides for the issue of summons to witness -

According to Section 31, summons to witness can be sent as per the provisions of the Sections 27, 28 and
29 for giving evidence or to produce documents or other material objects.
Section 32 provides for the power of the court to compel the attendance of a person to whom the
summons is issued -
When the summons under Section 30 is issued to a person, then the court may compel the attendance of
that person in the court. For this purpose the court can -
a) issue a warrant for his arrest;
b) attach and sell his property;
c) impose a fine upon him. Such fine shall not exceed five thousand rupees;
d) order the person to furnish the security for his appearance in court. If the person fails to furnish the
security, then the court can commit the person to civil prison.
According to Order 5 when a suit is instituted by plaintiff,. a summons must be served within 30
days upon the defend ant -
S:uch summons must be signed by the Judge or the officer appointed by him, and sealed with. the seal of
the court. When the summons is issued, the defendant should appear and answer the claim and file the
written statement of his defence within 30 days from the date on which the summons is served upon him.
The defendant can either,
a) appear in person, or
b) appear by a pleader who will be able to answer all material questions relating to the suit, or
c) appear by a pleader accompanied by some person who will be able to answer all the questions relating
to suit.
If the defendant fails to file the written statement within 30 days, he shall be allowed to file the same
within 90 days from the date on which the summons is served upon him. The court may ·allow him to do·
so by recording the re~ons in writing, and by specifying the day on which it is to ·be filed. If the
.defendant has. appeared at the presentation· of plaint and has admitted the· plaintiffs claim, then no
·· summons is required to be served upon him.
 CPC 32. Author - Prof. Prakash K. MokaL

As per Order 5 Rule 9, if the defendant resides within the jurisdiction of the court in which the suit is
instituted or has an agent residing within such jurisdiction, the summons must be served on the defendant
or his agent -
a) by Registered Post Acknowledgement due, or
b) by Speed Post, or
c) by such Courier Service as may be approved by the court,
d) by Fax Message, or
e) by Electronic Mail Service, or
f) by such other means of transmission of documents as may be prescribed by the rules made by High
Court.
The expense for the serving of summons, shall be paid by the plaintiff.
If the defendant resides outside the local limits of jurisdiction of the court issuing the summons, the
summons can be issued by any of the above modes of issuing except the Registered Post
Acknowledgement due. If the summons is refused by the defendant, the court shall declare the summons
to be duly served upon the defendant.
These are the provisions for issue and service of summons.
Issue and Service of Writ of Summons : Summary-
On filing of a suit, the Court will issue writ of summons to the Defendant, with copies of Plaint, Affidavit
and documents filed by the Plaintiff - date and time is fixed for the Defendant to appear in that Court and
file Written Statement of his defence - if he fails to appear, then ex-parte decree is passed - Written
Summons to be served in person by the Bailiff of Court or by Registered Post, Fax, E-mail, Courier - if
the Defendant avoids to accept summons, then it may be pasted to outer door - substituted service by
publication in the newspapers - Letter of Request to high ranking person instead of summons.

O. 10 : Explain the provisions relating to interest under Section 34 of the CPC.

[Nov., 2007]
OR
Write a short note on :
Payment of interest under Section 34.
Answer:
· If the decree made by the court is for payment of motley, then as per Section 34 of Civil Procedure Code,
1908 the interest can be paid on the amount when the suit for the recovery of the money is filed, the
interest that can be charged there on can be divided into 3 types -
1) Interest prior to filing of suit.
2) Interest from the date of filing of the suit to the date of decree.
3) Interest from the date of decree till the payment of money.
1) Interest prior to the filing of the suit :
Interest prior to the filing of the suit is the matter of the substantive law. If there is an agreement
between the parties either express of implied, then only, such interest at the rate as agreed between the
parties shall be awarded by the court. However, if the rate of interest agree between the parties is
exorbitant or excessive, it will be awarded as per the provisions of Money Lender's Act or as p~r the
provisio~ of Usurious Loans Act or as per Section 74 ofthelndian Contract Act.
The interest can also be awarded by court ~
· I) if there is existence of any mercantile usage under any statutory provision or ·
· II) by way of dainages.
CPC 33. Author - Prof. Prakash K. Mo/cal
2) Interest from the date of suit till the date of decree :
In this matter, the courts have discretionary power. The court nonnally, awards the interest for this
period as per the rate agreed between the parties, but if the award of interest creates inequity, the court
shall not award the interest.
3) Interest from the date of decree till the date of payment :
Here also, the court has the discretionary power for awarding the interest. The court shall award such
interest for this period, as it deems reasonable. But, the rate of interest shall not exceed 6% per annum.
But if the liability for the payment of money adjudged by the court arises out of commercial
transaction, then the court may award interest exceeding the rate of 6% pr annum. Such rate of interest
shall not exceed the rate of interest as agreed between the parties. If there is no agreement as to the I
.rate of interest between the parties then the rate of interest shall be the rate at which the money is lend
by the nationalized bank in relation to commercial transaction.
Here, commercial transaction means, the transaction is connected with trade, industry or business of
the party upon whom the liability for payment has arisen. ~
Also, the tenn nationalized bank means, the bank as defined in the Banking Companies (Acquisition
and Transfer of Undertakings) Act, 1970 ( 5 of 1970).
If the decree passed by the court is silent upon the payment of interest from the date of decree till the
date of payment, then it shall be deemed to have been refused by the court. Under such circumstances,
a separate suit for the payment of interest shall not be filed.

These are the provisions for the payment of interest under Section 34 of the Civil Procedure Code,
1908.

O. 11 : Discuss the provisions relating to costs under Section 35 of the CPC.

[Nov., 2007/
OR
"Cost shall follow the event" - Discuss.
OR
Write a short note on :
Costs.
Answer:
The courts have discretionary power to grant costs. In civil proceedings, "costs shall follow the event".
The costs are awarded by the court for the purpose of securing the expenses incurred by the litigant and
not punishing the opposite party. The party succeeding in the suit is entitled to the costs.
Sections 35, 35-A, 35-8, Order 20-A and Order 25 of the Civil Procedure Code, 1908 provides for the
different types of costs.
Following types of costs are provided by the Civil Procedure Code, 1908:
1.) General costs - Section 35;
2) Miscellaneous costs - Order 20-A;
3) Compensatory costs in respect of false or vexatious claims or defence - Section 35-A;
4) Costs for causing delay Section 35-B;
S) Providing security for the costs - Order 25.

l) General costs (S. 35): .

Section 35 provides for the general costs. It lays down the principle that, the costs shall fotiow the event.
Costs are awarded by the discretion of the ·court, such discretion must be exercised according to the facts
CPC 34. Author- Prof; Prakash K. Mokal.
and circumstances of the case before the court. Such discretion is subjected to the conditions and
limitations as may be prescribed and to the provisions of any law for the time being in force.
While awarding costs the court have power to determine,
a) by whom the costs shall be paid.
b) out of what property the costs shall be paid.
c) to what extent such costs are to be paid.
d) to give the directions for the purpose of the above acts.
As per Section 35 (2) the court may direct that any costs shall not follow the event, i.e. no costs shall be
paid, then the court shall state the reasons for the same in writing.
2) Miscellaneous costs (0. 20-A):
As per Order 20-A Rule 2 the court may award the costs in accordance with such rules as the High Court
may determine in that behalf.
Order 20-A Rule 7 states that following costs shall be awarded by the court -
a) costs incurred for giving notice which is required to be given by law before the institution of suit.
b) costs incurred for giving any notice which is not required to be given by law, but have been given
by any party to the suit to any other party. ·
c) costs incurred on the typing, writing or printing of pleadings filed by the party.
d) by the party for inspection charges paid for the records of the courts for the purpose of the suit.
e) costs incurred by a party for producing the witness, even though summons have not been issued by
the court to such witness.
f) where the appeal is filed, charges incurred by the party for,
l) obtaining any copies of judgments, and
ii) decrees which are required to be filed along with the memorandum of appeal.

3) Compensatory costs for false and vexatious claims or defence (Section 35-A) :
Section-35A provides for the compensatory costs for false and vexatious claims or defence. The
provisions of this Section are discretionary and not mandatory. The compensatory costs can be awarded at
the discretion of the court. The compensatory costs are awarded in the following,
a) any suit;
b) other proceedings;
c) execution proceedings.
Compensatory costs shall not be awarded in,
a) Appeal, and
b) Revision.
When in any suit or other proceedings, any party takes an objection to any claim or defence on the ground
that the particular claim or defence or any part of it, is false and vexatious against him and the party who
has made such claim or defence, has the knowledge that the particular claim or defence was false and
vexatious, and if the claim_ or defence is disallowed, abandoned or withdrawn in whole or part by the court
against the party who has raised such objections, then the court if it thinks fit, may rriake an order for the
payment of compensatory costs to the objector, by the party by whom such claim or defence has been put
forward.
The court shall record· its reason in writing· the grounds for holding the claim or defence as vexatious or
false.
As per Section 35-A (2) the court cannot award the compensatory costs exceeding Rs. 3000/- (Rupees
three thousand only) or exceeding its limits of pecuniary jurisdiction, in either case the cost which is less
shall be awarded by the court. The person against whom an order for payment of compensatory c:'osts have
been made, shall not be exempted from any criminal liability in respect of any cla1m or defence made by
 CPC 35. Author-Prof. Prakash K. Mo/caL
him. If any subsequent suit for damages or compensation in respect of such false or vexatious claim or
'
defence is filed, then the amount of any compensation awarded by this Section shall be taken in account.
An appeal against the order of compensatory costs can be filed under Section 104 of Civil Procedure
Code, 1908. but if the compensatory costs are refused by the court, then no appeal can be filed thereof.
But, such order or refusal is subject to revision by the court ofrevisionary jurisdiction.
4) Costs for causing delay (Section 35-8) :
Under Section 35-8 compensatory costs can be imposed upon the parties who are responsible for causing
delay to any stage of the litigations. Th~ court can order for the payment of compensatory costs. ·
If, on the date fixed for the hearing of a suit or for taking any steps therein, a party to suit -
a) fails to take such steps which he was required to take on that date; or
b) obtains an adjournment for taking such steps or for producing evidence or on any other ground, then
the court shall make an order for the payment" of such costs to the other party which in the opinion of the I
court is reasonable or sufficient to -
a) reimburse the expenses incurred by that party to attend the court on that date,
b) reimburse the expenses to be incurred by that party on the next date.
The court shall record its reason in writing for such costs.
Payments of such costs is a condition precedent to the further prosecution of,
a) suit by the plaintiff, where the plaintiff was ordered to pay cost,
b) the defence by the defendant if the defendant was ordered to pay such costs,
c) if the separate defence have been raised by the defendants or the group of defendants, then payment of
such costs is a condition precedent to. the further prosecution of defence by such defendant or groups
of defendant who have been ordered by the court to pay such costs.
As per Section 35-8 (2), the compensatory cost as ordered to be paid as above, shall not be included in the
costs awarded in the decree which is passed in the suit if the cost has already been paid. But if such
compensatory costs are not paid then executable order against the persons liable to pay such costs shall be
drawn. Such order shall contain the amount of costs to be paid and the name and address of the person by
whom such costs is to be paid. .
S) Providing security for payment of costs (0. 25) :
Order 25 provides for the security of costs that may be. required to be provided by the plaintiff. This rule
provides the security to the defendants in certain cases, where in the event of success, they may have
difficulty on realizing the costs from the plaintiff. The powers of the court under this Section are
discretionary and not mandatory. The court at any stage of the proceeding in a suit, on its own motion or
on an application of any defendant, may order the plaintiff to give the security for the payment of all costs
incurred and likely to be incurred by any defendant. Such security must be given by the plaintiff within
the time framed by the court. The court shall also record the reasons in writing for such order. Such an
order shall be made by the court in all the cases in which it appears to the court that -
l a) the sole plaintiff is residing out of India,
t all
b) if there are more than one plaintiff, then if the plaintiffs are residing out of India,
c) such plaintiff does not possess any sufficient immovable property within India other than tpe suit
t property. ·
A plaintiff shall be deemed to be living outside India if such a plaintiff leaves India under such
r circumstances which shows that the plaintiff shall not return to India whenever he may be called upori to
pay costs.

s As per Order 25 Rule 2, if the security is not furnished within the time fixed by the court, then the court
,S shall order for the dismissal of the suit. The plaintiff can apply to the court to set aside the dismissal if the
e plaintiff can prove to the satisfaction of the court that he was prevented for sufficient cause from
y furnishing the security within the time limit set by the court, then the court may s~t aside such dismissal
 36. Author - Prof. Prakash K. MokaL
of suit, on such tenns as to the security costs or otherwise as it thinks fit. The dismissal shall not be set
aside by the court, if the notice of such application by plaintiff to set aside the dismissal is not served on
the defendant. After setting aside the dismissal, the court shall then fix a day for proceeding with the suit.
These are the provisions as to the costs which are provided by the Civil Procedure Code, 1908.

0.12: Discussjoinder, mis-joinder and non-joinder of parties.

QR
Write short note on : Non-joinder of parties.
OR
Write a short note on : Mis-joinder of parties.
OR
Discuss joinder, mis-joinder and non-joinder of the causes of action. - I
Answer:
I ) Joinder of parties:
The parties who may be joined in a suit are either plaintiff or defendant. If an act is done by several
persons or if the act affects several persons, the question of joinder of parties arises. Following may be
joined as the parties - -
1) Joinder of plaintiff:
All the persons may be joined as a plaintiff in a single suit if the following two conditions are satisfied-
a) If any right to relief arises out of same act or transaction or series of acts or transactions between two or
more persons, such right to relief may arise either jointly or severally or in the alternative, and
b) if such persons brought separate suits, then any common question of law or fact would rise therefrom.
As per Order l Rule 2, if it appears to the court that joinder of piaintiff would embrace or delay the trial of
suit, then the court may,
i) put the plaintiff to election and decide whether to proceed jointly or individually, or
ii) order separate trial for each of the plaintiff, or
ill) may make such order as expedient in the facts and circumstances of the case.

2) Jolnder of defendant :
All the p~rsons may be joined as defendants in a single suit, if following two conditions are satisfied -
a) same act but right against two or more persons,
b) if separate suit is brought against such person, then any common question of law or fact would arise.
Rule 3-A provides that, if it appears for the court that any joinder of the defendant would embrace or
.delay the trial of the suit, the court may order separate trials or make such order as may be expedient in
the interest of the justice.
While joining several defendant$, it is not necessary that every defendant shall· be interested in all the
relief claimed in any suit against him. The plaintiff may join all or any other persons severally, or jointly
and severally, in the same suit who are liable due to any contract. This shall include parties to bills of
exchange, hundis, and promissory notes, etc. Where the plaintiff is in doubt that from whom he is entitied
to obtain the redress, then he may join two or more persons as defendants so that the question as to which
of the def~ndant is liable to what extent, is determined by the parties thereto. ·
Where several persons are joined as defendants and the court finds that only some of the defendants are
liable to provide relief, then the judgment can b~ passed against h1m without ~y amendment.

II) Mis-ioinder of the parties :

When any person is joined as a party to the.suit in contravention of.the provisions of this Gode, then it is
'!;-.,~:?
. caUed inis-:joinder. Mis-joinder can be classified into three types, they are as under - . : · '· ·
//\~;.
CPC 37. Author - Prof. Prakash K. Mokal
a) mis-joinder of plaintiff;
b) mis-joinder of defendant;
c) mis-joinder of cause of action.
1) Mis-joinder of plaintiff :
Order 1, Rule 1 provides that, two or more persons may be joined as a plaintiffs in a single suit. This can
be done when any right to relief arising out of same act or transaction or series of acts or transactions has
accrued to two or more persons. Such right may come into existence either jointly, severally or in the
alternative. If such two or more persons file separate suits, then it may give rise to any common question
of law or Fact.
If two or more persons are joined as a plaintiff in a single suit in contravention of the above conditions, I
then such joinder of plaintiff shall amount to mis-joinder of plaintiff. Even if there is a mis-joinder of
parties, such mis-joinder will not defeat any suit.
In case of mis-joinder of parties, the court shall deal with the matter contrary with regards to the rights
and interests of the parties who are actually there before it.

When the suit is instituted in the name of a wrong person as plaintiff, or where a doubt exists whether the
suit is instituted in the name of the right person as plaintiff, then if the court is satisfied that the suit is
instituted due to a bona fide mistake and for the purpose of determining the real matter in a dispute, it is
necessarily either to substitute or add a person as plaintiff, then the court may order to do so upon the
terms as it think fit.
As per Rule 10 (2) the court may, at any stage of the proceedings, order that the name of any party
improperly joined as defendant, be struck off and that the name of any person who ought to have been
joined as defendant should be added. Such addition or removal of name of defendant, can be done by the
court either upon the application of the either party to the suit or on its own motion, on the terms as may
appear to be just. ·
All the objections regarding the mis-joinder of the party, should be taken at the earliest possible
opportunity. In case where the issues are settled, such objection as to mis-joinder can be taken at or before ·
the settlement of issues. Any objection which is not taken by the parties, shall be deemed to have been
waived. But, if the ground of objection arises after the issues are settled, then such objections can be taken
even after the settlement of issue.
2) Mis-joinder of defendant:
Order 1, Rule 3 provides for the joinder of defendant in a single suit. All the persons may be joined as
defendants in a single suit if any right of relief arising out of same act or transaction or series of acts or
transactions alleged to exist against the two or more persons. Thus, right may come into existence either
jointly, severally or in the alternative. Also, if the separate suits were filed against all the defendants, a
common question of law or fact may arise.
If two or rµore persons are joined as a defendants in a single suit in contravention of the above conditions,
then such joinder of defendants shall amount to mis-joinder of defendants. Even if there is a mis-joinder
of parties,- such mis-joinder shall not defeat any suit. In case of mis-joinder of parties, the court shall deal
with the matter in controversy with regards to the rights and interest of the parties who are actually there
before it.
All the objections regarding the mis-joinder of the party should be taken at the earliest possible
opportunity. In case where the issues are settled, such objections as to mis-joinder can be taken at or
before the settlement of issues. Any objection which is not taken by the parties, shall be deemed to have
 CPC 38. Author-Prof. Prakash K. Mokal.
been waived. But, if the ground of objection arises after the issues are settled, then such objections can be
taken even after the settlement of issues.
As per Rule 10 (2) the court may, at any stage of the proceedings, order that the name of any party
improperly joined as defendant, be struck off and that the name of any person who ought to have been
joined as defendant, should .be added. Such addition or removal of name of defendant, can be done by the
court either upon the application of the either party to the suit or on its own motion, on the tenns as may
appear to be just. ·
Rule 10 (4) provides that, where a defendant is added, the plaint shall be amended and the amended
copies of the summons and the plaint shall be served on the new defendant, and if the court thinks fit upon
the original defendant also. ·
Rule 10 (5) provides that, as per Section 22 of the Indian Limitation Act, 1963, the proceedings against
any new person added as defendant shall be deemed to have begun only upon the service of summons
upon the new defendant.
3) Mis-joinder of causes of action :
The several causes of action may be joined in one suit by the plaintiff against the same defendant or the
same defendants jointly. Also, two or more plaintiffs have interest in the causes of action jointly, may join
those causes of action in a single suit against the sam_e defendant or the same defendants jointly. Where
the causes are not joined as per Orqer 2 Rule 3 as above, then it shall be mis-joinder of causes of action. A
mis-joinder of causes of action can be with mis-joinder of plaintiff or with mis-joinder of defendant.
a) Mis-joinder of plaintiffs and causes of action :
Where in a single suit, there are two or more plaintiffs and two or more causes of action, then all the
plaintiffs should be interested in all the causes of action. If all the plaintiffs are not interested in all the
causes of action, then it amounts to mis-joinder of plaintiffs and causes of action.
All the objections regarding the mis-joinder should be taken at the earliest possible opportunity. In case
where the issues are settled, such objection as to rnis-joinder can be taken at or before the settlement of
issues. Any objection which is not taken by the parties shall be deemed to have been waived. But, if the
ground of objection arises after the issues are settled, then such objections can be taken even after the
settlement of issues.
b) Mis-joinder of defendants and causes of action:
In a suit where there are more than one defendant and more than one causes of action, then if the different
causes of action are joined against the different defendants separately, then it amounts to mis-joinder of
defendants and causes of action.
All the objections regarding the mis-joihder, should be taken at the earliest possible opportunity. In case
where the issues are settled, such objection as to mis-joinder can be taken at or before the settlement of
issues. Any objection which is not taken by the parties shall be deemed to have been waived. But, if the
.ground of objection arises after the issues are settled, then such objections can be taken even after the
settlement of issues.
c) Non-joinder :
In every suit, there is a necessary party. In the absence of necessary party, suit cannot be disposed off. .
Necessary party in a suit is a person who ought to have been joined, whether as a plaintiff, or as a
. defendant. .In order to enable the court to effectively and completely adjudicate upon and settle all the
questions involve~ in a suit, the presence of necessary party is mandatory. If the necessary party is not
joined in a suit, it amounts to non-joinder.
 CPC 39. Author - Prof. Prakash K. MokaL

As per Order 1 Rule 9, the suit shall not be defeated due to non-joinder of parties. The court shall deal
with the matter in controversy with regard to the rights and interests of the parties present before it. But,
Order 1 Rule 9 is not applicable to the non-joinder of necessary party.
All the objections regarding the mis-joinder, should be taken at the earliest possible opportunity. In case
where the issues are settled, such objection as to mis-joinder can be taken at or before the settlement of
issues. Any objection which is not taken by the parties, shall be deemed to have been waived. But, if the
ground of objection arises after the issues are settled, then such objections can be taken even after the
settlement of issues.
A party to be necessary party,- will depend upon the facts and circumstances of the case.

0. 13 : Define and discuss Plaint.

OR
I
Write short notes on :
a) Plaint and Written Statement. {Nov., 2011; Nov., 2012]
b) Amendment of Pleadings. {April, 2014]

Answer:
Section 26 says that, any suit may be instituted by presentation of plaint or in such other manner as may
be prescribed. The suit should contain all the grounds in relation to the subjects in dispute which are
required for giving the final decision and to prevent further litigation concerning them. The plaint should
be presented in duplicate to the court or such officer as the court appoints in this behalf. (0. 4, R. (1).
The court shall enter the particulars of every suit in the Register of civil suits and it shall be numbered.
(Order 4, Rule 2).
1) The plaint shall contain the following particulars,
a) the name of the court in which the suit is brought;
b) the name, description and place of residence of the plaintiff;
c) the name, description and place of residence of the defendant;
d) if the plaintiff or defendant is a minor or a person of unsound mind, a statement to that effect;
e) the facts constituting the cause of action and when it arose;
t) the facts showing that the court has jurisdiction;
g) the relief which the plaintiff claims;
h) where the plaintiff has allowed a set-off or relinquished a portion of his claim, the amount so allowed
or relinquished; and
i) a statement of the value of the subject matter of the suit for the purposes of jurisdiction and of court
fees, so far as the case admits.
2) If the suit is for the recovery of the money, the precise amount claimed must be mentioned in the
· plaint.
\

3) But, if the suif is for the following purposes, then an approximate amount can be mentioned in
the plaint. They are -
a) suit for mesne profits;
b) suit for an amount found due after the settlement of the account between him and the defendant;
c) suit for the movables in possession of the defendant;
d) suits is for the debt of the value of which the plaintiff cannot ascertain after exercising due diligence;
e) the plaint shall show that the defendant is interested in the subject matter and js liable to be called upon
to answ~r the plaintiff's claim;
CPC 40. Authol' - Prof. Prakash K. MokaL
f) the plaint shall state the grounds of exemption from the law of limitation if the suits filed after the
period of expiry;
g) the relief claimed by the plaintiff, should be stated specifically in the plaint;
h) if the relief for several distinct claims or causes of action, they shall be stated separately and distinctly.

Plaint and Written Statemeat : Summary -

Plaint :
Plaint to contain particulars - name of the Court, names and addresses of plaintiffs, defendants, minors,
cause of action, jurisdiction, relief claimed, value of subject matter, precise amount of money claimed,
accounts, description of property, defendant's interest and liability, grounds of exemption of limitation,
etc.
Plaint is filed to institute Suit in Civil Court - Name, address, description of the Plaintiffs and Defendants
- Whether any party is minor - Jurisdiction of the Court - Relief, value of subject matter, facts stating
cause of action, when it arose;
Written Statement-
Written Statement is to be filed by the defendant in 30 days of service of summons - may contain set-off
and/or counter-claim with particulars and supporting documents, new facts to be specifically pleaded,
denials to be specific, new grounds of defence may be stated, if party fails to file WS in time, ex-parte
decree may be passed, disposal of the Court.
Written Statement is a - statement of defence of Defendants - to be filed within 30 days of service of
summons - produce documents in support of defence - denial to be specific - may contain Set-off,
Counter-claim - both to be signed and verified (Order VII and VIII).
Amendment of Pleadin2s :
Under Order V, Rule 17 of the CPC -- Either party to the suit at any stage of proceedings is entitled to
apply for amendment of pleadings.
Amendment means to add, alter, delete the avennents in the pleadings i.e. plaint or written statement.
However, application for amendment of pleadings should be filed before commencement of trial. Such
amendment is required to be carried out within 14 days.

0 . 14 : Write a short note on : "Return of Plaint".

Answer:
Order7, Rule 10 deals with the provision of the return of the plaint. As per Order 7, Rule 10 (1), the court
shall at any stage of the suit, shall return the plaint to be presented in the court in which the suit should
have been presented.
If the appeal is filed in the court of appeal or a revision petition is filed in the revisionary court, then such
court shall, after setting aside the decree passed in the suit, may direct the return of the plaint.
When the plaint is returned, the judge shall endorse the following on the plaint -
a) Date of presentation of plaint;
b) Date of return of plaint;
c) Name of the party presenting the plaint;
d) A statement of reasons for ~e return of the plaint.
As per Rule 10-A, if the defendant has appeared in any suit before the court, and th~ court is of the
opinion that the plaint should be returned, then the court shall intimate it's decision of the return of plaint
to the plaintiff. The plaintiff may, then make an application to the court by-:
a) specifying the court in which he proposes to present the plaintafter it is returned;.
b) praying that the court may fix a date for the appearance of the parties in the said court; ~d. ·
c) request that the notice of the date· so fixed may be given to him and the defendant. ·
~~--~.,..."' 41. Author~;'·;~:,,<~ . lrash K.
.: . . . -. :-:~rr."" . . ., ·,
.· The court shall, even though has returned the plaint on the ground that it has no juri · .,. it, ·· ·
the court on the application of the plaintiff- ·
a) fix a date for the appearance of the parties in the court in which the plaint is propose
and give the plaintiff and to the defendant;
b) notice of such date for appearance where such notice of appearance has been issued, then it shall not
be necessary for the court in which the plaint is presented after its return, to give the summons to the
defendant for appearance. These are the provisions for the return of a plaint.

0. 15 : When a plaint be rejected under the Code of Civil Procedure ? What is the
effect of such a rejection? Discuss.
OR
Write a short note on:
Rejection of Plaint. [Nov., 2015]
I

Answer:
A plaint can be rejected by the court, in which it is presented by the plaintiff under following cases -
1) where the plaint does not disclose the cause of action
2) where the relief claimed is under-valued, and the plaintiff, on being required by the court to so correct
the valuation within a time to be fixed by the court, fails to do so;
3) where the relief claimed is properly valued, but the plaint is written upon paper insufficiently stamped,
and the plaintiff, on being required by the court to supply the requisite stamp-paper within a time to be
fixed by the court, fails to do so;
4) where the suit appears from the statement in the plaint to be barred by any law;
5) where it is not filed in duplicate;
6) where the plaintiff fa,ils to comply with the provisions of Rule 9.
The time fixed by the court for correction of the valuation or supplying of the requisite stamp paper shall
not be extended by the court. But, the court for the reasons to be recorded in writing, may extend such
time if the court is satisfied that -
a) the plaintiff was prevented from some exceptional cause from correcting the valuation or
supplying the requisite stamp papers within the time fixed by the court.
b) grave injustice will be caused to the plaintiff if the time is not extended. When a plaint is rejected,
then the judge shall record an order to that effect with the reasons for such order.
If the plaint is rejected under any clause of Order 7, Rule 11, then the fresh plaint on the same cause of
action can be prescribed by the plaintiff to the court. ·
The plaint cannot be rejected in part. It has to be rejected in full. A reform of plaint is a decree as per
Section 2 (2).
These are the provisions for the rejection of a plaint.

O. 16 : Define and discuss Written Statement.

OR
· Discuss provisions relating to Plaint and Written Statement. / April, 2006;
April, 2008; April, 2009]

Answer:
Written Statement is not defined anywhere in the Code. It is generally a reply to the plaint filed by the
plaintiff. The reply of the defendant to the plaint of plaintiff is known as written statement. Thus, written
statement is the pleading of the defendant. In written statement defendant either agrees with or denies the
 k=aL
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _4.:.::2::.:.. _ _ _ _.......:.A.:.:;u:.::th=o~r_-~Pr,~o~f.-=Pr,~akas=h..:K.=-Mi--=o...
....- .::.CP:..C

facts alleged by the plaintiff in the plaint. He may· also state some new facts favourable to him. A
defendant is allowed to take all legal objections regarding the claims of the plaintiff.
As per Order 8, Rule l, the defendant must present the written statement of his defence within 30 days
from the date on which the summons is served upon him.
If the defendant fails to file written statement within 30 days, he will be allowed to file within 90 days
from the date of service of summons by recording the reasons in writing. Where. the defence of the
defendant is based upon any document in his possession or power, in support ofhis-
a) defence, or
b) claim for set-off, or
c) counter-claim,
the defendant shall submit the list of such doc.uments, and shall produce the same in court. When the
written statement is presented by him, he shall file the document and a copy thereof with the written
statement. If any d(?cument is not in his possession or power, then he shall state in whose possession or
power the document is. If any document which should have been produced by the defendant and is not
produced, can be produced, with the leave of the court at the stage of hearing.

The defendant must state all the facts in his written statement which shows that -
a) the suit is not maintainable
b) the transaction is either void or voidable in point of law.
c) · all such grounds which if not raised, will take opposition party by surprise or would raise issues of
facts not arising out of plaint.
For e.g. fraud, limitation, release, payment, performance, or facts showing illegality.
The defendant should not deny the grounds alleged by plaintiff, in general, in his written statement. He
should deal with each alleged facts separately of which he does not admit the truth, except damages.
Wherever the defendant denies any allegation, he should not deny, in a evasive manner, but deny it by
answering to the plaint of substance. Every allegation of fact in the plaint, if not denied specifically or by
implication or if the defendant does not state that the particular fact is not admitted, then such facts, shall
be deemed to have been accepted by the defendant.
But, such deemed acceptance shall not be valid against the person with disability. If the defendant· does
not file his written statement, then the court may pronounce judgment on the basis of the facts stated in
the plaint, but in such circumstances; the judgment cannot be pronounced against the person with
disability. The court has discretionary power to ask the plaintiff to prove any fact, in the absence of
written statement by defendant. If the judgment is made as above, then the decree shall be drawn on the
basis of such judgment, and shall bear the date on which the judgment was pronounced.
. These are the provisions-for written statement under Civil Procedure Code, 1908.

0. 17: . Write ~ssay type detail answer on - Provisions relating to Written

Statement, Set-off.and Counter-claim. {Nov., 2008; Oct., 2009; Nov., 2011;
April, 2015)
OR
Explain and illustrate Set-off ~nd Counter-claim~
. ·. OR
Discuss Set-off and Counter claim.
. . ·. QR
· Explain Set-off and Counter claim.
OR
 - - -

,~:C ~:C .,

43. Author - Pro,;· PrMh. K. MokaL

Write short notes on : t!;i':i-

a) Set-off and Counter-claim. [Nov., 2006; April, 2008; April, .f(ll'4; Dec.,
2014/ .
b) Counter-Claim. [Nov., 201 OJ
_Answer:
Written Statement :
Statemen~ of Defence by the Defendant - to be filed within 30 days of service of Summons - supported
·by documents - Denials to be specific;
Set-Off:
;E, · If the Defendant has to recover a sum of money from the Plaintiff, he has to file Written Statement for I
J Set-off - Defendant to show documents and evidence - Court to give 2 Judgements on original Suit and
Set-off;
Counter-Claim : _
If the Defendant claims any amount in different cause of action, then he can, with Written Statement,
state Counter-claim - Plaintiff to file Written Statement to such Counter-claim. Both, Set-off and
Counter-claim are like cross-suits - All particulars of Plaint to be stated - Court will give two
Judgements.

' · A) Set-off :
Set-off is a cross-claim which the defendant claims against the original claim of the plaintiff. Where there
is a an existence of debt of plaintiff against the defendant, and the defendant have the debt against the
plaintiff, then such mutual debts can be settled against each other. Thus, set-off is a reciprocal extinction
of the debt. It is an extinction of a debt of which two persons are reciprocal debtors to one another by the
credit of which they are reciprocal creditors to one another.
According to Order 8, Rule 6, if the suit for recovery of the money is filed against the defendant, and in
such a suit the defendant claims any ascertained sum of money which is legally recoverable from the
plaintiff, then the defendant in his written statement can present the particulars of the debt which he
sought to set-off. The amount of money claimed to be set-off must not exceed the pecuniary limits of the
jurisdiction of the court. In other words, the Court must have a pecuniary jurisdiction to entertain such
claim of Set-off.
The defendant can claim set-off if -
a) both the plaintiff and defendant file the same character as they file in the plaintiff's suit;
b) at the first hearing of suit, claims the set-off.
The de(endant can also claim set-off afterwards if it is permitted by the court. When a set-off is claimed
by the· defendant in a suit, then the written statement filed by him has an effect of a plaint in a cross suit.
This enables the court to pronounce final judgment in respect of both, the original claim of plaintiff, and
set-off claimed by the defendant. The rules applicable to the written statement by a defendant; shall apply
· to the written statement that can be filed by the original plaintiff in an answer to the claim of set-off by the
·· defendant.
In order to be eligible to claim set-off, following conditions must be satisfied -
• a) the suit must be for the recovery of the money.
b) the sum of money claimed for set-off must.be ascertained sum of money.
c) such sum must be legally recoverable by the defendant from the plaintiff.
d). it must not exceed the pecuniary jurisdiction of the court in which the suit is brought.
e) both the parties must file the same character as they file in the plaintiff's suit.
When the defendant claims set-off he is put into the position of. the plaintiff with regard to the amount
· claimed by him. In one suit,. there exists two suits, one by plaintiff against the defendant, and other by the ·
 44. Author-Pr-of. Pr-akash K. Mokal.
defendant against the plaintiff. Even if the suit of the plaintiff is dismissed, then also the claim of the
defendant does not extinguish and a decree in favour of the defendant can be passed if the defendant is
able to prove his claim.
/,,. Set-off are of two types. They are -
a) Legal set-off
b) Equitable set-off.
a) Legal set,;,off: It is for an ascertained sum of money. •
b) Equitable set-off: It is for an unascertained sum of money by ways-of damages; It should arise out of
some transaction. Equitable set-off is recognized under Order 20, Rule 19 (3) of the Civil Procedtff.::
Code, 1908..
·These are the provisions regarding set-off under the Civil Procedure Code, 1908.

B) Counter-claim :
The term counter-claim means, a claim made by the defendant against the plaintiff in the suit brought by
the plaintiff against the defendant. A defendant in a suit against him may raise the counter claim in
~ition to the claim of set-off. Such counter-claim can be made only in respect of a claim for which the
defendant cari file a separate suit. Such claim must be made in relation to the right which has been accrued
to the defendant in respect of cause of action against the plaintiff.
Such counter-claim should be made :
a) either before or after filing of suit,
b) before the defendant has delivered his defence, or
c) before the expiry of the time limit for delivering the defence of the defendant.
The counter-claim can be made whether or not it is a claim for damages.
The counter-claim should not exceed the pecuniary limits of the jurisdiction of the cost. The effect
of counter-claim is that, it is a cross-suit and enables the court to pronounce a final judgment in the same
suit, both on the original claim and on the counter claim.
When the counter-ciaim is made by defendant, the plaintiff has liberty to file a written statement in
answer to the claim of the defendant within such specified period as may be fixed by the court. The
counter-claim shall be treated as a plaint and shall be governed by the rules applicable to the plaint.
The grounds relied. upon by the defendant in supply of counter-claim should be specifically stated
in the written statement of the defendant.
If the suit of the plaintiff in which counter-claim is raised, is stayed or dismissed, the counter-
claim of the defendant can be proceeded with by the court.
If the plaintiff does not reply to the counter-claim_ of the defendant, then the court may pronounce
the judgment against the plaintiff in respect of counter-claim of the defendant or make such order in
relation to counter-claim, as it thinks fit. . .
The Rules in relation· to written statement by the defendal)t, shall be applicable to the written
statement filed in reply to any counter-claim. If the defendant relies upon several distinct grounds for
defence or for counter-claim, then all such separate and distinct facts may be stated by the defendant
separately ~d distinctly.
If the defendant sets up counter-claim and plaintiff contends that counter-claim must be disposed
off as-.an independent suit, then the court may, on the ·application of plaintiff for exclusion of counter-
claim, may make such order as it thinks fit. Such applicatjon must be made by. the plaintiff before the
· issues of counter-claim are settled. If. the defendant succeeds in his counter-claim, then .a decree for
counter-claim can be passed against the plaintiff. .
These are the provisions for counter-claim. ·
 4S. Author - ProG Prakash IL MokaL
Written Statement, Set off and Counter Claim - Summary :
Written Statement :
Statement of Defence by the Defendant - to be filed within 30 days of service of Summons - sup_ported
by documents - Denials to be specific;
Set-off:
If the Defendant has to recover a sum of money from the Plaintiff. to file Written Statement to Set-Off -
Defendant to show documents and evidence - Court to give 2 Judgements on Suit and Set-off;
Under Order VIII, Rule 6 of the CPC - The defendant is entitled for reciprocal acquittal of debt. Wherein
a suit for recovery of money, the defendant in such suit claims set-off any ascertained sum of money
legally recoverable by the defendant from the plaintiff; not exceeding pecuniary jurisdiction of court, and
both the parties file in the s~me character, the defendant may claim set-off in the first hearing of the suit.
Counter Claim :
If the Defendant claims any amount in different Cause of action. then he can. with Written Statement.
state Counter-claim - Plaintiff to file Written Statement to it. Both. Set-off and Counter-claim are like
cross-suits - All particulars of Plaint to be stated - Court will give two Judgements. .
Under Order VIII, Rule 6A of the CPC - In addition to set-off under Rule 6, the defendant may also set
up by way of counter-claim against the claim of plaintiff any right or claim in respect of Cause of action
accruing to defendant either before or after filing of suit and before delivering his defence.

0.18: Discuss ex-parte decree.

OR
. Explain procedure to set aside ex-parte decree.
OR
When can a decree passed ex-partc be set aside?
OR
Write a short note on :
Ex-parte decree.
Answer:
The decree passed in the absence of the defendant is an ex-parte decree. When a defendant is duly served
the summons to appear and answer, and the defendant does not appear, but only the plaintiff appears on
the date fixed for hearing, then the court may hear the suit ex-parte and pass the decree against the
defendant.
Such ex-parte decree is valid, operative and enforceable. It has all the force of a valid decree. An ex-parte
decree is voidable and can be annulled on the valid legal grounds.
· Order 10, Rule 13 provides for the setting aside the ex-parte decree passed against the defendant. where
an ex-parte decree is passed against the defendant, the defendant can apply to the court for an order to set
aside the decree passed ex-parte. Such application must be made to the court which has passed the ex-
parte decree.
The court shall make an .9rder setting aside the ex-parte decree if the court is satisfied that :
a) summons was not duly served upon the defendant;
b) that the defendant was prevented by the sufficient cause from appearing in the court, when the suit
was called on for hearing; The court shall make such an order to set aside ex-pa,:te decree ,upon
such terms as to costs, payment into the court or otherwise, as it thinks fit. · ·
.Where the nature of the decree is such that, it cannot be set aside against such defendant only, then the
court may set aside for the otherdefendants also. ·
 46.
Ex-parte decree cannot be set aside on the ground that there was irregularity in the service of
summons and the court is satisfied that the defendant had notice of the date of hearing and also that he had
sufficient time to appear and answer the plaintiff's claim.
If an appeal is filed against the ex-parte decree and the appeal is disposed off on any ground, then
application to set aside the ex-parte decree cannot be filed. But, if the applicant withdraws the application,
then the application to set aside the ex-parte decree can be made. No ex-parte decree can be set aside
without giving the due notice to the opposite party thereof.
Remedies in case of ex-parte decree :
A defendant has following five remedies against the ex-parte decree passed against him -
1) He can apply to the court by which the ex-parte decree was passed to set it aside. [Order 9, Rule. 13].
· 2) An appeal can be filed against the ex-parte decree. [Section 96 (2)]
3) An application for review can be filed. [Order 47, Rule 1].
4) A suit can be filed on the ground of fraud.
5) When an application to set aside the decree under Order. I Rule. l 3 is rejected, then the appeal can be
filed against such rejection.
An application to set aside the ex-parte decree can be made within 30 days from the date of the decree;
When an ex-parte decree is set aside, the suit is restored to the position where it was, before passing of an
ex-parte decree.
These are the provisions regarding ex-parte decree under the Civil Procedure Code, 1908.

O. 19 : Discuss decree on admission.

Answer:
Section 58 of the Indian Evidence Act, 1872 says that, the facts admitted, need not be proved. Admissions
can be made either before filing of a suit or after filing of tlie suit. The object behind the admission is that,
the· necessity to prove the facts admitted does not arise. The court in these cases, can pass· the judgment
and the decree, on the admission made by the parties.
The admission can be of a fact, or of a document. The admission can be made in pleadings either
expressly or by implication. Admission can also be made by an agreement between the parties. It may ·
also be made by the notice.
Order 12, Rule 1 says that, any party to a suit may give notice in writing that he admits the.whole or any
part of the case of any other party.
Rule 2 provides for the admission of a documents. As per Rule 2, either party may call upon the other
party to admit any document within a period of seven days from the date of the service of notice to him. If
the other party refuses or neglects to admit any document after such notice, then afterwards the costs of .
proving any such document shall be paid by the party who has neglected or refused the admission of that
document. When a party is called upon to admit any. doc:ument and the party does not specifically deny or
deny by implication or stating in its pleadings that he does not admit it the document or state in the reply
to -the notice to admit document that he does not admit that document, then it shall. be deemed to be
admitted by that party whom the notice of admission is sent •
Such deemed admission shall not be valid against a person under disability. The court on its own motion,
at any stage of the proceedings, may call upon any party to aclµtlt any document. In such case, the court
shall record whether the party admits or refus<JS or neglects to admit such document. · · ,· .:
, ,.;".• '. . '

Rule 4 provides for the _admission of facts'. . •,. . 01 ,

As per Rule 4, wheri a day is fixed for the hearing of the suit, then_any party by n~~ic~ ~}W!µtg, may call
upon any other party to admit any $pecific fact or facts mentioned in the notice. Sii~h -i~ssion of facts·
 CPC 47. Author- Pro& Prakash K Mokal
shall be for the purposes of the suit only. Such notice shall be issued not later than nine days before the
date fixed for hearing the suit.
Where the party to whom the notice is served, refuses or neglects to admit the same within six days from
the date of service of notice, the costs of proving such facts, shall be paid by the party so neglecting or
refusing to admit the fact.
Any admission made by any party upon the notice of admission of fact, shall be deemed to be made only
for the purpose of particular suit only. Such admission cannot be used against the party on any other
occasion or in favour of any person other than the party who has given such notice.
Rule 6 provides for the judgment on admission.
According to Rule 6, where an admission of a fact have been made either in writing or orally, then the
court on its own motion or on the application of any party, may make any order or judgment on the
admission made by the party as it deems fit. Such judgment can be made even if any other question is I
pending for the determination between the parties.
When the judgment on admission is given by the court, then a decree can be drawn in accordance with the
judgment. Such decree shall bear the date on which the judgment was pronounced.
These are the provisions regarding the admission under the Civil Procedure Code, 1908.

O. 20 : Discuss the Framing of Issues, Types of Issues and their Importance in a

civil suit. [April, 2010; April, 2013}
OR
Write essay type detailed answer on - Provisions relating to Framing of
Issues and Judgement on Issues. [April, 2015}
OR
Write short notes on :
a) Framing of Issues. [Nov., 2007; April, 2009; Nov., 2013/
b) Issues. [Nov., 2011/
,. Answer:
Issues - Material proposition of fact or law, affirmed by one party and denied by the other - Those
propositions which the Plaintiff must allege to show a right to sue or Defendant to show his defence - At
the first hearing, Court shall, after reading Plaint and Written Statement, frame Issues - Court shall
pronounce Judgement on all Issues - Preliminary Issues of Limitation, Jurisdiction may be tried first.
r
Framing Issues under Order XIV, Rule 1 - Preliminary Issue - under Rule ~ (2) - Types of Issues.
f
f. Considerations - .1) Plaint, 2) Written Statement, 3). Evidence recorded under Order X, Rule 2, 4)
1t Answer t<? interrogatories, 5) Contents of documents produced. ·
,r
y Importance - 1) Onus to prove, 2) Helps court to pass judgement, 3) Decides limitation of evidence, 4)
e Defines scope and nature of evidence to be lead, 5) Logical drafting of judgement, 6) Judge's view is
expressed print-wise, 7) Helps to prefer Appeal.
l,
rt
Discuss the Framing of Issues, Types of Issues and their Importance -
Issues_ are material propositions of law or fact asserted or affinned by one party and· denied by the other.
Those propositions which the plaintiff must allege to show a right to sue or defendant to show his
defence. At the first hearing, the court shall, after reading Plaint and Written statement, frame Issues.
.11 Court. may decide preliminary issues first, otherwise Court to give judgement on all issues to be framed
ts from the. Plaint, Written Statement,
.
Affidavits, etc. Thus, Issues are derived
.
from the plead_ings.
; '
 CPC 48. Author - Prof; Prakash K. MokaL
- Parties to give evidence only on Issues - Court may amend or strike out tssues or frame additional
Issues - If any party admits the claim, then Court can pass Decree without issues.·,
-Preliminary jurisdiction and Issues of limitation may be decided first.
Order 14 of the Civil Procedure Code, 1908 deals with the issues. A issue arises when a material
proposition of fact or law is affirmed by the party and denied by the other party. Material propositions are
the propositions of law or fact. A plaintiff, in. order to show the right to sue, must allege the material
propositions and the defendant must allege to constitute his defence.
Each material proposition affirmed by one party and denied by the other, shall form a distinct issue.
The court at the first hearing shall -
a) . read the plaint,
b) read the written statement, if any,
c) examine the parties, and
d) hear the parties or their pleaders.
The court then determines the material propositions of fact or of law on which the parties are at variance,
and shall frame the issues on which the right decision of the case appears to depend.
If, at the first hearing, the defendant makes no defence, then the court is not required to frame any issues.
There are two kinds of issues:
a) issue of fact, and
b). issue of law.
When in a suit, both, the issue of fact, and issue of law arises and the court is of the opinion that the case
or any part of the case may be disposed off on the issues oflaw only.
Then the court shall try the issue of law if that issue relates to -
a) the jurisdiction of court.
b) a bar to suit created by any law for the time being in force.
For this purpose, the court may postpone the settlement of other issue, till the issue of law has been
determined.
The court can frame issue from all or any of the following materials -
a) Allegation made on oath by the parties or by any person present on behalf of the party or made by
the pleaders of such parties.
b) Allegations made in the pleading or in answer to interrogatories delivered in the suit.
c) The contents of documents produced by either parties.
If the court is of the opinion that the issues cannot be framed correctly without the examination of the
same person not present before the court, or without the inspection of same document not produced in the
suit, then the court may adjourn the framing of the-issues for a period of seven days only. The courts .then
subject to any law for the time being in force., compel the attendance of any persons or the production of
any document by any person in whose possession or power it is there, by issuing the summons or by other
process.·
Rule 5 empowers the court to amend or strike the issues. The court at any time before passing the decree,
l may amend the issues or frame additional issu~s, which are necessary to determine the matters in
· ·controversy between the parties. The ~~sues which appear to .be wrongly fraµied or introduced, can. be
striked out by the court at any time before passing a decree.
The parties to the_ suit, may mutually agree upon the_ question of fact or law that· is to be decided among·
them. They may state tJ;ie same in the form of an issue and enter into agre~ment in writing.. - ·
. This.:agree~ent can state that, if the finding of the court is in affirmative or in n~gativ~ of such
issues., then.:.... _ · · · · ·· . - · _ · . : . ·.. ,. ·
a) a sum of~oriey specified in' the agreement or to be ascertained by the court shaUbe paid by one of
the parties to the other, or·
 49. hK.MokaL
one of the party be declared to be entitled to some right or subject to SOII\e liability as specified in
the agreement. _
the property specified in the agreement and is in dispute in the suit, shall be delivered by one party
to the other, or as the order of the court may direct. ·
one or more of the parties shall do or abstain from doing some particular act which is specified in
the agreement and which is related to the matter in dispute. · ·
ere such agreement is made between the parties and the court is satisfied that-
a) the agreement was duly executed between the parties,
·- b) that the parties has substantial interest in the decision on such question and,
·c) that the same is fit to be tried and decided,
_- en the court shall proceed to record-and try the issues and give its decision thereon, as if the issues have I
·~en framed by the court. The judgment can be then pronounced according to the terms of the agreement
d upon the judgment, a decree can be made .
.~ _ese are the provisions relating to the framing of issues.
;\

·; -. 21 : Write a short note on : Judgment.

s er:
· _'-e term 'judgment' has been defined under Section 2 (a) of the Civil Procedure Code, 1908.
ccordingly, judgment means, the statement given by the judge on the grounds of a decree or order. Thus,
· _ejudgment means, the final decision of the court pronounced or delivered in the court.
, .
'-,~tion 33 says that, the cgurt after the case has been heard shall pronounce the judgment, and a decree
"· l follow on such judgment.
per Order 20, such judgment can be pronounced at once or afterwards, as soon as may be,
ticable. If the judgment is to be pronounced on some future day, the court shall fix a day for that
se and a notice shall be issued to the parties or their pleaders in this behalf. When the judgment is
ronounced at once it shall be ronounced within 30 da s from the date on which the hearin of the
· e in concluded._
·' under exce tional and extraordinary circumstances, the judgment can be pronounced within 60 days
-· the date on which the hearin of the case was concluded. ·
~e court shall· fix a date in this behalf and shall give notice to the parties or their pleaders in this behalf.
en a written judgment is pronounced, then it is sufficient, if only finding of the court on each issue and
'.: e final order passed in the case, are read out. It is to be read out in the court.
ft the judge is especially empowered by the High Court, ·then the judgment can be prono~ced by
·_ ·ctation in the open court to a shorthan4 writer. In such a case, the transcript of the judgment. after
_ · g necessary correction must be signed by the Judge and must bear the date on which it was·
· . nounced. _
{_fa Judgment written but not pronounced in the court and the Judge is transferred, then the new incoming
';,'. ~dge may pronounce the Judgment written by his predecessor. At the time of pronouncement, the
)°'udgm~nt should be signed and dated by the Judge in the open court. Once the -Judgment is ·signe~ ·no
;addition or alteration is .allowed 'except as per Section 152 or on review. When the Judgment is
_Jj(Qilotiriced by the Small Causes Court, then it is sufficient if it contains points for determination and the
~decision there oil. · ·
/But, the judgment of other courts should contain - ;
« a) concise statement of the case;
b) the points for determination;
c) the decision on those points;
 i
''
CPC so. Author-Prof. Prakash K. Mokal.

d) the reasons for such decision.

The suit in which the issues have been framed, the court shall state in its finding or decision upon each
separate issue with the reason for such decision. But, if the finding upon anyone or more of the i::su,:s is
sufficient for the decision of the suit, then decision on each separate issue need not be given, - ir the
parties to suit are n9t represented by a pleader, then when the judgment is pronounced in the c,,sc, ,vhich
is subjected to appeal, the court shall infomi the parties present in the court as to which court i h~ appeal
can be filed and the period of limitation for the filing of such appeal.
The information so given by the court to the parties, shall. be pleaded on record by the court. Wh,~n a
judgment is pronounced, copies of the judgment shalt be made avai'.lable to the parties immediately after
the prqnouncement of the judgment, so that an appeal can be preferr~d against the judgment. ·i-:L :-·>:::-g,->;
for the copy of judgment shall be payable as per the rule made by the High Court. I
These are the provisions regarding the Judgment. ·

0. 22: Write a short note on : Affidavit. [May, 2012}

Answer:
The term 'affidavit' is not defined anywhere in the Civil Procedure Code, 1908. It generally. !llear_;s, a
statement made on oath in writing. A affidavit. thus, is the declaration of facts in writing and affinned or
sworn befdre a person having authority to administer oath.
I

Order 19 of Civil Procedure Code, 1908 deals with the affidavit. An affidavit is a written statement,
which is made in the name of person, who is referred to as defendant. The defendant signs the affidavit
voluntarily and is swomed or affirmed before a person who is authorized to administer it on oath. :-\ s per
Order 19, the court may-
1. At any time order that the particular fact or facts may be proved by affidavit.
2. The affidavit of any witness may be read at the bearing on such terms and conditions a~ r11c l:ourt
thinks reasonable. But, if either party desires the production of a witness for cross-examination and
such a witness can be produced, the court will not make an order for giving the evidence of such
witness by.an affidavit.
3. By making an application, an evidence may be given by an affidavit. But, the court may order the
attendance of deponent for cross-examination in the court, if either_ party so desires. But, if the
i
deponent is exempted from personal appearance in court, such order for personal attendance shall not
'I
' be given by court.
4. In an affidavit only such facts are to be stated, which the deponent is able to prove by his own
knowledge.
S. In case of an interlocutory application, the statement ofbeliefs of the deponent shall be admitted if the
grounds of such belief are also stated in the affidavit.
6. The cost of every affidavit shall be paid by the party filing the affidavit.
Section 3 of the Indian Evidence Act, I 872 says that, a fact has to be proved by oral evidence. The tenn
'affidavit' is not included in the definition of evidence.
Under Section 3 of the. Indian Evidenoo Act, 1872, Order _19, Rule 1 it is a kind of an exception for
Section 3oflndian· Evidence.Act, 1872. The court, for sufficient r~asons may invoke Order. I~, Rule· 1 to
· prove a fact on affidavit. In an affidavit ·only those statements of facts has to be mentiop.ed which the
deponent knows-to be true. The facts which he believes to be.true, must be stated separately;
Essentials of taking affidavit :
a
1. 'it must be declaration made by a person;
.l l_ ,_..

2. it must relate to facts;

 CPC 51. Author- Pro(; Prakash & MokaL
3. it must be in writing;
4. it must be in the first persons; and
5. it must have been sworn or affinned before a Magistrate or any other authorized officer.
These are the provisions for the affidavit under the Civil Procedure Code, 1908.

O. 23 : Write a short note on :

Caveat. [May, 2007; April, 2008; April, 2010; April, 2011; May, 2012)

Answer:
The tenn 'caveat' is not defined anyw.here in the Code. The tenn 'caveat' is derived from the Latin which
means, 'beware'. Caveat is filed in the court to infonn the court not to take action without giving notice to
the party filing the caveat. · I
In anticipation of a suit being filed against a person, Finn, Company, etc., the latter may file a Caveat in
the proposed Court asking the Court not to pass an ex-parte order without hearing the latter. The latter i.e.
Caveator must serve a copy of the Caveat on the party who might file the suit calling upon the party to
give the Caveator a copy of the proposed suit papers and to infonn the Caveator when he proposes to
move the Court for any orders.
Section 148-A deals with caveat.
According to Section 148-A where -
a) an application has been made to the court, or
b) an application is expected to be made to the court in respect of any suit or proceedings which has
been instituted in the court, or
c) any suit or proceeding is about to be instituted in a court and any person is claiming a right to
appear before the court during the hearing of such an application.
Then, such a person can lodge a caveat irrespective of such suit or proceeding. The person who lodges a
caveat is called a caveator. When the caveat is lodged, the caveator must send a notice of the caveat by
registered post acknowledgment due to the person by whom the application had been made or is expected
to be made.
When the caveat has been lodged, if any application is filed in any suit or proceedings, the court shall
serve the notice of the application on the caveator.
When the notice of caveat is sent to the applicant, then the applicant must give the caveator,
a) a copy of the application made by him;
b) copies of any paper or document which has been or may be filed by him in support of the
application.·
Such_ copies can be supplied to the caveator at the cost of the caveator. The caveat shall remain in
force for a period of90 days only from the date on which it was lodged. ·
. The validity of the caveat can be extended for a further period of 90 days by making the fresh application
before the expiry of the period of 90 days.
The object behind the filing of caveat is -.
a) before an order is passed in an app~ication filed by ~y party, the caveat gives an opportunity to ·
the opposite party to be heard and to show why an order should not be passed and to safeguar.d the
interest of a person against an order on any application filed by any party in a suit ot proceeding,
the caveat can be filed. The person filing · the caveat need not be a necessary party to . the .
application. It is sufficient if the caveator will be.affected by any order passed.by the court on such
application. Thus, an opportunity is given to the caveator before any decision is triade ex.::parte. .
 CPC 52. Author - Prof. Pr':'kash K. MoJu,/.
b) Caveat avoids the multiplicity of proceedings. In the absence of such a provision, the party
affected by the order of the court will have to file a separate application to obtain relief against the
adverse .order passed against him.
'
These are the provisions of Caveat under Section 148-A Order XLVII of the Civil Procedure Code, 1908.

o. 24·: Write essay type detaile~ answer on -

i: Issue of Commissions and its types. (April, 2015}
QR
Write essay type detailed answer on -
Commission, its purpose·and:procedure. (April, 2014; April, 2016}
-
OR
Under what circumstances court can issue Commission and for what
purpo;e? .

Write a short note on :

Commissions. {April, 2006; Nov., 2007; April, 2009; April, 2011; April,
2013}

Answer:
Sections 75 to 78, Order 26, Rule I, 9, 10, 13 and 106-
Commission means the officer of a Court sent to examine a person, make local investigation, examine
accounts, make partition, etc. (under Order XXIV) on application by any party to the suit, by an order, on
deposit of expenses by party so applying.
Commissioner to make report to the Court, parties must appear before the Commissioner on notice.
Rule I of Order XXVI of the CPC provides that the court may, in a suit, issue Commission by deputing
its officer to examine any person, to make local investigation, to examine and adjust accounts, to make
partition; to hold specific investigation, to conduct sale of property or to perform any ministerial acts.
Commission is to assist the court in adjudicating the issues involved in the Suit. Commission visits the
place concerned and makes report. This saves the time of tlte court.
Section 75 to 78 deal with the power of co¥fl to issue Commission. The power to issue commission is
discretionary. The court can exercise this power either on an application of the party or suo motu (on its
own motion). ·
The court may issue commission for t~e following -
ti a) to examine any person;
b) to make a local investigation; . ·
I: c) to examine or adjust accounts; or
li'. d) to make a partition;
e) · to hold a scientific, .technical, or expert _investigation; .
·t) ,· to conduct sale ofproperty which is· subject to speedy and natural decay and which is in -Oie· Justody of
· the court pending the determination of the suit; · . . · . ~ :, !,: :': ·. -> ·
g)' :to perform any-ministerial act.·· · ,• .'J:~ ✓:;·, :
T: . _ ·,_;.'.~. >~>•_;~,:
l)-Com111ission ~o exa~in_e· ~tn~sses:,.

. ; ·-.~ . ~ ; : ..:.
:~-.·tr~·~--z~i -~i ·;
 53. Author-Pro
Order 26, Rule 1 provides for the issue of Commission for examination of a person. Any court in any~--
may issue Commission for the examination of any person residiQg within the local limits of '1
jurisdiction.
Such Commission can be issued for the examination of -
a) person who is exempted under the Civil Procedure Code from attending the court.
b) person who is unable to attend court on account of sickness or infirmity. A certificate ofregistered
medical practitioner shall be sufficient to prove the sickness. The Commission can be issued for
examination on interrogatories, or otherwise court shall not issue Commission for examination on
interrogat9ries, unless the court thinks it necessary to do so. For that matter, the court shall record 'the
reasons in writing. The court in any suit may issue Commission for examination on interrogatories or
otherwise at, I
I) any person residing beyond the local limits of its jurisdiction;
ii) any person who is about to leave such local limits before the date on which he is required to be
examined in court; and
iii) any person in service of Government who cannot attend without detriment to ·the public
service.
_Commission for examination of a person who under Order 26, Rule 9 cannot be ordered to attend the
court in person, shall be issued if his evidence is considered necessary in the interest of justice, unless the
court thinks it necessary, for the reason to be recorded in writing, Commission for examination of such
person cannot be issued. Such Commission can be issued to any court within the local limits of whose
jurisdiction such person resides or to any pleader or other person whom the court issuing the Commission
may appoint. Such Commission cannot be issued to a High Court.
The court after issuing the Commission shall direct, to whom the Commission shall be returned, either to
itself or to any subordinate court. For the examination of any person residing at any place outside India,
the court may issue Commission or a letter of request for recording its evidence.
The court to which Commission is issued, shall examine the person. When the Commission is duly
executed, it shall be returned with the evidence taken under it to the court from which the Commission
was issued or to any other court as may be directed by the court issuing the Commission. Such
Commission an~ evidence taken shall form part of record of the .suit.
As per Rule 8, the·evidence taken under a Commission shall not be read as evidence in the suit without
the consent of the party against whom it is offered. But, if the party who gave the evidence,
a) was beyond the jurisdiction of the court,
b) dead,
c) unable to attend the court due to sickness or infirmity, or
d) exempted from personal appearance in the court
e) is a-person in the service of the Government who cannot attend without detriment to the public service
and the court authorizes the evidence of any person as has been agreed as evidence in a suit.
Thus, a witness can be examined by issuing the Commission.
2) Commission to make local investigation : ,
Order 26, Rule -9 and Rule 10 provides for the issue of Commission for local investigation. If in any suit,
the court is of the opinion that a local investigation is necessary to be carried out, then the court may issue
Commission to such person as it thinks fit to make such investigation and submit a report to the court.
Such ·commission can be issued to investigate - _
a) For the purposed of elucidating any matter in dispute.
-b) Ascertaining the mark of value of any property. -
c)- Atno.wit of anymesne profits. ·
d) Annual net profits, etc.
 54. Author - Prof. Prakash K. MokgL

The appointed person is called Commissioner. The Commission after making such local investigation and
recording the evidence shall return such evidence along with his report in writing signed by him to the
court. Such evidence with report of the Commissioner shall fonn part of record of the suit.
The commissioner can be examined in the open court by the court or by the parties to suit with the
pennission of the court for -
a) ·any matter referred to him.
b) any matter mentioned in his report.
c) the report itself. .
· df. th~ manner in which he has made th~ investigation. · .
I(ilie ·court is dissatisfied with the proceedings of the Commissioner, then the court may direct such
further inquiry to be made as is necessary in the opinion of the court.
c
3) 011unission to examtn·e or adjust accounts :
In any suit where the examination or adjustment of accounts is necessary, the court may issue
Comniission to such person as it thinks fit, directing him to make such examination or adjustment. He
shall give Commissioner necessary part of the proceeding or the instruction in this behalf. Commissioner
must only submit the proceedings which he may hold after enquiry or also submit report of his own
opinion on the points referred for his examination. The proceedings and report, if any, of the
Commissioner shall be the evidence in the suit. But, if the court is dissatisfied with the proceedings or
report, if any, of the Commissioner, then the court may direct further inquiry as it may think fit.
4) Commission to make partitions :
As per Rule 13, if any Preliminary Decree for partition is passed by the court, the court may issue a
Commission to such person as it thinks fir to make partition or separation as per the rights declared in
such decree. But, if the case is covered under Section 54, then no Commission can be issued by the court.
Section 54 deals with the partition of an undivided estate assessed by the Government for the payment of
the revenue. In such cases, the partition is made by the Collector.
Toe commissioner shall then as per the order of the court, divide. the property into as many shares as bas
been directed by the order under which the Commission was issued and all of the parties will get their
respective shares who are entitled to it.
If the order of the court provides for, then the sums realised for the purpose of equalizing the value of the
shares shall be paid to the Commissioner. The Commissioner shall prepare and sign a report and shall
distinguish each share by metes and bounds. Such report shall be submitted with the Commission to the
court. The court after hearing any objection made by the parties against the report, shall confirm, vary or
set aside the same. ·
If the court confirms or varies the report of the Commissio11er, it shall pass a decree in accordance with
the saitle as confirmed or varied. But, if the report is set aside by the court, it shall either issue a· new
Commission.or pass such order as it thinks fit. .
. 5) Cornmission for scientific, technical or expert investigation .:
. Where in any suit, any ·qu,estion arises which :involves any scientific investigation; which cannot be
. conducted in the court, the court may, in·the int~rest of.justice niay issue Commission to suchper.son:asit
·thinks-fit, directing him to enquire-into such question and submit its report thereon to .the co'Ufl.ii~t:,., .: ..
The c0tnmissioner shall make such investigation as it deems necessary and shall ded.uqe -~ ;wri~g the
evidence taken by him. the Commissiol)er shall then submit to the court, such evidei1&?tl.8f:iffwith· its
report in writing signed by him. The re~ort of the· C~~ssiqner. along with the e'?lf~d~P,i~y. ~m,
shall fortn the part of the record of the suit. - . ·. · · · · · · -.~1 · 19/.~::13:;~A \ ·
. ·. - · · · · · ··;•. • •,:ftBJtti$.os:r/, / -
. . .. /rilu1gJ:ttl.iurrir1t
,· C;f{t; /(\rt .
 CPC ss. Author - Prof. Prakash K. MokaJ.

The Commissioner can be examined in the open court by the court or by the parties to the suit with the
p~ssion of the court for -
a) any matter referred to him.
b) any matter mentioned in his report.
c) the report itself.
d) the manner in which he has made the investigation.
If the court is dissatisfied with the proceedings of the Commissioner, then the court may direct such
further inquiry to be made as is necessary in the opinion of the court.
6) Commission for sale of movable property :
Rule 10-C of Order 26 provides that, in any suit, if it becomes necessary to sell any movable property
which is in the custody of the court pending the determination of the suit and if such property cannot be I
preserved ·conveniently, then the court may, after recording the reasons in writing, and in the interest of
the justice issue a Commission to such person as it thinks fit, directing him to conduct the sale of the
property and subnijt the report thereon to the court.
It can be examined in the open court by the court or by the parties to suit with the permission of the court
for-
a) any matter referred to him.
b) any matter mentioned in his report.
the report itself.
c) the manner in which he has made the investigation .
. If the court is dissatisfied with the proceedings of the Commissioner, then the court may direct such
further inquiry to be made as is necessary in the opinion of the court.
Every such sale shall be held as per the procedure prescribed for the sale of movable property in a exact
form of a decree.
7) Commission to perform ministerial acts :
Rule 10-B provides that, if in any suit a question arises which involves the performance of any ministerial
act which cannot be performed in the court. Then the court for the reasons to be recorded in writing and in
the interest of the justice, shall issue a Commission to such person as it thinks fit, and directing ~m to
perform such ministerial act and submit its report thereon to the court.
The Commissioner shall, then perform the ministerial act and shall submit his report to the court.
It can be examined in the open court by the court or by the parties to suit with the permission of the court
for-
a) any matter referred to him.
b) any matter mentioned in his report.
~) the report itself.
d) the manner in which he has made the investigation.
If the .court is dissatisfied with the proceedings of the Commissioner, then the court may direct such
further inquiry to be made as is necessary in the -opinion of the court
Thus, under the above circumstances, and for the above purposes, the court can issue a
Commission.

0. 25: Wr-ite essay type answer on -Arrest before judgment. [Nov., 2013]
QR
Write a short note on :
Arrest b~fore judgnien~.
Answer:
 CPC, 56. Author_- Prof. Prakash K. Mokal.
Under special circumstances, the court may give orders for the arrest of dia;df!btor before the judgment.
The basic principle underlying the arrest before the judgment is that, in case the decree will be passed in
favour of the plaintjff, and there is likely-hood of the defendant defeating the execution of decree passed
against the defendant, then the court may order for the arrest of the defendanfbefore judgment to enable
the plaintjffto realise the amount of decree passed in his favour.
Order 38 of the Civil Procedure Code provides for the·arrest before judgment. As per Order 38,
Rule 1, wher~ at any stage of the suit, the court is satisfied either by affidavit or otherwise that the
defendant with the- ,,· ·, ·
a) intent to delay the plaintiff, or
b) to avoid any process of the court, or
c) to obstruct' or delay the execution of any decree that may be passed against him h~ -
i) absconded or left the local limits of the jurisdiction of the court, or
ii) is.about to abscond or leave the local limits of the jurisdiction of the court,
iii) that the defendant is about to leave India and the circumstances are such that the plaintiff will
be delayed or obstructed in the execution of any decree that may be passed against the defendant
in. the suit,. then_ the court may issue a warrant to. arrest the defendant _and bring him before the
court to show cause why he should not furnish the security for his appearance. ·
But, the def~ndant shall not be arrested by the officer executing the warrant of arrest, if the defendant pays
to the officer the sum of money specified in the warrant which is sufficient to satisfy the claim of the
plaintiff.
Such sum shall be held in deposit by the court till the suit is disposed off or till further order is passed by
the court.
Such order for arrest before judgment cannot be given in following kinds of suits mentioned under
Section 16 clause· (a) to '(d) - ·
a) where the suit is for the recovery of the immovable property with or without any profits.
b) where the suit is for the partition of immovable property.
c) suits for foreclosure, sale or redemption in the case of a mortgage or a charge upon the immovable
property, and
d) suits for the determination of any other right or interest in the immovable property.
If the defendant fails to show cause, th~ court shall order him to -
a) deposit money or. other property sµfficient to answer the claim against him, or
b) to furnish security for hi·s appearance at any time wheQ. called upon while the suit is pending and until
the satisfaction of any decree that may be passed against lum in ·the suit, or
c) make any order as it thinks fit in regard to the sum which may have been paid by the defendant at the
time of warrant of arrest issued against him.
The defendant then shall be bound by the surety and in case of default of appearance, he shaUhave to pay
any sum of inoney which the defendant may be ordered to pay in the suit. . · · _
A surety given· for the appearance· of the defendant, can file an application before the court requesting the
court to discharge him from his obligation. Ori such application, the court may - · ·; ·; ·. :. -, ; ··
a) summon the defendant to appear;or .
b) may issue a warrant for his arrest. · _ . . .. ·-·; ;; "''' ·'1· '·
~en ~he d~fen~.t app~ars. befor~ the__ co~, the co~ s.hall_ dfrect ~e .sur~~-to ~~ '!i~C.~~ged. _·}fom ?~s
obligation and ask the defendant to furnish fresh·secunty. ·. - ' · ··' · .i r.;,. _. · h~· 1.tt; · r:.t..: . ~
! ··

. . . - . . . . . . . '.,i:·'. ,'. . ' .. · •.:;::i~ ''-;\:/

As p~r Rule 4, if defendant fails to comply any o~der_ofthe co~·!o,.~~~_sec~~-1W~.,: · ~ijip.ft:i.~sh
secunty under Rule 3, then the court may commit him to the civil pnson till the aec1_ · · - 1p. Jbe
. suits if any decree is passed against the defendant, till the decretfliiir6eefs~tUlt\~tt. :,. , be Jf
detained iQ civil p~son for a period exceeding six months, and where the amount o:f v~l:. .... ·~ct
CPC 57. Author - Prof. PmkqshK. MokaL

matter of the suit does not exceed fifty rupees, no person shall be detained in civil prison for more than six
. '
week s. .-:,'-::~~;
After the defendant complies with the order of the court, he shall not be detained in the prison any longer.
' . ' . ., "~
Section 95 provides for the compensation to the defendant in case of arrest before jQd8i:ile#t on
insufficient grounds. As per Section 95 where in any suit in which arrest before judgment is effected and
it appears to the court that such arrest was obtained on insufficient grounds by the plaintiff or it atppears
to the court that there was no reasonable or probable ground for instigating the arrest before judgment or
if the suit of the plaintiff fails, then the defendant may apply to the court for compensation. The court on
such application of the defendant, may award the compensation not exceeding fifty thousand rupees to be
paid by the plaintiff to the defendant, for the expenses or injury including the injury caused to the
reputation of the defendant. The court while awarding compensation, cannot award such compensation I
exceeding the pecuniary limit of its jurisdiction. When the compensation is awarded on the application of
defendant as above, then no fresh suit for compensation can be filed in respect of such arrest.
These are the provisions for arrest before judgment under the Civil Procedure Code, 1908.

O. 26 : Write essay type answer on - Arrest and Attachment before judgment.

f Nov., 2008; Nov., 2013/
OR
Explain attachment before judgment under Order XX.XVIII Rule 5.
OR
Write a short note on :
Attachment before judgment. {Nov., 2006; April, 2008; Oct., 2009; Nov.,
2011,· Nov., 2012; April, 2013/
Answer:
Where at any stage of a suit, if Court is satisfied on affidavit or otherwise that the defendant with a view
to obstruct or delay the execution of the decree that may be passed against him, is about to dispose off the
whole or part of his property, or remove it from the jurisdiction of that Court, then the Court may ask him
to show cause and to furnish security and on his failure, attach the whole or part of his property, till the
decree is passed. On furnishing security, the attachment will be raised/removed, otherwise it will continue
upto execution of decree. Its purpose is to safeguard the plaintiff, as the hearing of the suit may take
several years.
Attachment before judgment is ordered by the court to prevent the defendant from defeating the decree
that may be passed against him.
Order 38 provides for the attachment before judgment of the property.
As per rules where at any stage of the suit, if the court is satisfied either by affidavit or otherwise that the _
defendant with the intent to obstruct or delay the execution of any decree that may be passed against him,
IS -
a) about to dispose off the whole or any part of his property, or
b) is about to remove the whole or any part of his property from the local limits of the jurisdiction of
court, then the court may direct the defendant either to furnish the security, in such sums within the
time fixed by the court, or
c) ·produce and place at the disposal of the .court the said property or the•value of the same or such
· portion of the property, when required by the court, which shall be sufficient to satisfy the decree, or
· d) to appear and show cause for the court why he should not furnish the security ..
,a

ff·
'i.•
""
;'
•'
CPC · S8. Author - Pro£ Prakash K. MokaL
The plaintiff should specify the property which is required to be attached and the estimated value of the
property thereof. The court in its discretion, may order for the conditional attachment of the whole or any
portion of the property which is specified by the plaintiff. For the attachment of property before the
judgment complying with the Order 38 Rule 5 (1), is mandatory. If any attachment of the property is
made in contravention of Rule 5-(1), then such attachment shall be void.
Rule 6 provides that, where·the defendant show causes, the court shall order for the attachment of the
property specified by the plaintiff or any portion thereof which is sufficient to satisfy any decree that may
be passed against the defendant. ·
If the defendant - ,
a) fails to show cause why he should not furnish security, or
b) fails to furnish security required within the time fixed by the court. '
Where the property is attached by the court, the court can order for the removal of such attachment of
property or may give such order as it thinks fit, if -
a) the defendant shows the cause why he should not furnish security, or
b) the defendant furnishes such security as is required by the court.
The property shall be attached in the same manner_ as is attached in executiqn ofa decree.
As; per Rule 9 the court shall order for the removal of attachment of the property which is attached before
judgment if - ·
a) the defendant furnishes the security together with security for the costs of the attachment, or
b) if the suit is dismissed.

Rule 10 provides that, attachment of property before judgment shall t;tot affect the rights which are
existing prior to the attachment. Such rights may be vested in person who are not parties-to the suit. Such
attachment should not bar ~Y person who is holding a decree against the defendant to apply for the sale
of property under attachment, in execution of such decree which he is holding against the defendant.
Where the property is attached before judgment and the decree is passed in favour of the plaintiff, then it
will not be necessary to apply for the reattachment of the property during the execution of such decree.
Where the suit is dismissed for default, and afterwards the suit is restored by setting aside the order of a
dismissal of suit, such restoration of suit shall not revive the attachment made prior to the dismissal of the
suit.
Summary:-
OrderXXXVIII-
1) At any stage of a suit, Court is satisfied, by Affidavit or otherwise. that the defendant. with intent to
obstruct or delay the execution of any decree. that may be passed against him. is -
a) about to dispose off the whole or part of the property;
b) about to remove the whole or part of the property from jurisdiction or- local limits of the Court,
then the Court· may direct the-Defendant to furnish security. or·to place that property.at disposal of
Court. or value of the same - -sufficient to satisfy the decree. or to appear and show cause.
2} Plaintiff should specify the property to be attached. .
3) Court may order conditional attachment of property, when defendant fails to show caus~ or fails to
give security. · · . . ., •- .
4) Attachment will be withdrawn, when defendant gives security. , ' '--<:~;: .•!'I··
5) Provisions of attachment in execution of a decree. will apply to Attachment Before Jydljmqlt;;rn, ·
-the Court.to.direct.himto·'furnish security,,:- if.he fails, then property will be·attae.~_µJliillecree.is
passed or· till he furnishes. security .,.._ Mode· of attachment like.execution of D~rqe•~~e _is to
safeguard Plaintiff during tb.e.hearing;of the Suit.. . · .· . . . · · _, i::',)t~ :
If defendant fails to com I · or to show cause then the Court will order attachment. · · ~-:~n~ ent of
the art of it - if he furnishes securi or shows cause then attachment wn -

•
. 0::
,I
·-_::~r:1\f: :. ,
0
/ ••

·_.· C:. -
CPC 59. Author - Prof. Prakash K. MokaL
attachment to be in the same manner as execution of a decree - all provisions of attachment to apply - if
decree is passed, no separate attachment is required.
Attachment before lodgment cannot be ordered in respect of the following -
a) In respect of any agricultural produce in the possession of an agriculturist.
b) Attachment of immovable property by Small Causes Court.
These are the provisions for attachment before judgment under the Civil Procedure Code, 1908.

O. 27: Summarise the provisions for attachment under the Civil Procedure Code.
State the exceptions, if any.
OR I
Enumerate the property exempt from attachment under Section 60 of C.P.C.
QI!
Write a short note on :
Attachable and non-attachable properties in execution of decree. [Nov., 201J;
April, 2015; April, 2016/

Answer:
Section 60 of the Civil Procedure Code deals with the property that can be attached and sold in the
execution of a decree.
According to Section 60 following properties can be attached -
1) Land,
2) Houses or other buildings,
3) Goods,
4) Money and bank-notes,
5) Cheques, bills of exchange, hundis and promissory notes,
6) Government securities, bonds and other securities for money,
7) Debts,
8) Shares in a corporation,
9) All other saleable property, movable or immovable, belonging to the judgment debtor or over which
he has a disposing power which he can exercise for his own benefit.
But. during the attachment. following properties cannot be ~ttached -
a) Necessary wearing-apparel, cooking vessels, bedding of the judgment debtor, his wife and children
arid such personal ornaments; as in accordance with religious usage, cannot be parted with by any
woman;
b) Tools of artisans, and, where the judgment debtor is an agriculturist, his implements of husbandry and
such cattle and seed grain as may, in the opinion: of the court, be necessary to enable him to earn his
livelihood as such and such portion of agricultural produce or of any class of agricultural produce as
may have been d~clared to be free from liability under the provision of Section 61;
c) Hous~ and other buildings belonging to an agriculturist or a labourer or 'a domestic servant and
occupied by him;
d) Books of account;
e) A niere ri_ght to sue for damages;
f) Any right of personal service;
g) Stipends and gratuities allowed to pensioners of the Oovernment and political pension;
h) The wages of labourer and domestic servants, whether payable in money or in kind; :
-r
't CPC...,..._ _ _ _ _ _ _ _ _ _ _ _ _6_.0__•_______A.._. _ut...
... 'h,._or_-...h....,..ol...,....
Pri..,.a..kas___.'h.._K.
____M◄o--k=al
__

I) Salary to the extent to the first one thousand rupees and two thirds of the remainder, in execution of
any decree other than a decree for maintenance;
j) One third of the salary in execution of any decree for maintenance;
k) The pay and the allowances of persons to whom· the Air Force Act, 1950, or the Army Act, ·1950, or
the Navy Act, 1957 applies. ·
I) All compulsory deposits and other sums in or derived from any fund to which the Provident Funds
Act, 1925 applies;
m) All deposits and other sums in or derived from any fund to which the Pubiic Provident Fund Act,
1968, for the time being applies;
n) All moneys payable under a policy of insurance on the life of the judgment debtor;
o) The interest of a lessee of a residential building to which the provisions of law relating to control of
.r<mt and accommodation apply; .
· p) Ariy allowance forming part of the emolument of any servant of the government or of any servant of
railway company or local authority which the appropriate government may, by notification in the
Official Gazette, declare to be exempt for attachment;
q) An expectancy of succession by survivorship of other merely contingent or-possible right or interest;
r) 'A right to future maintenance; ·
s) Ahy allowance declared by any Indian law to be exempt from liability to attachment or sale in
execution of a decree; and
t) Where the judgment debtor is a person liable for the payment of land revenue, and movable property
which, under any law for the time being applicable to him, is exempt from sale for the recovery of an
arrears of.such revenue. ·
The portion of the agricultural produce which shall be requir~ by the judgment debtor, until next harvest
for the cultivation of the land and for support to the family of judgment debtor, shall not be attached and
sold in execution.
These are the properties which cannot be attached and exempted from attachment under the Civil
Procedure Code, 1908. ·
•
o. 28: What are the legal consequences of appointment of a Court Receiver ?
OR
Write essay type detailed answer on appointment of a Receiver, his
powers and duties. [Oct., 2009] .
OR
State the provisions under the CPC relating 10 appointment of a Receiver
· and Injunctions. [Nov., 2013]
OR
Write a short note on :
· Appointment of receiver, his powers and .duties. JNov., 2007; April, 2009;
May, 2012; April, 2014; Dec., 2014] · ·
• · . • .! ;·, ··:>~•&ir<;
Answer: · . _ .. , .,. ;-.,.,.,..-.,. ...
The !erm 'receiver' is· not. defined anywhere ~ the Code: ~eceiver is 3? indep~11.~mfJ3~gii~oi ~s
appomted by the court for the purpose _of 7ollec~g and_ rece1vmg the rents, _issues ~d P,f~~Bf"1d :9r
pers~nal estate to enable the court_ to distribute 1t to the persons who are ~ntitled t9.?~. i. <;i;J~~~~ ft>\ · _' .
1
. Where it a ears to courf'ust and convenient the-cciurt a oints Receiver'uhder' ·_. · · · · · ·_ ~fthe
· CPC, before or after"decree to do following ads··:;·
a) Remove any pers.on from possession or custody of property;
 CPC 61. Author - Prof. Prakash K. MokaL
b) Commit the property to his possession, custody or management;
c) To institute and defend suit;
__ d) Manage, protect, preserve, improve property;
e) To execute documents, collect rent, etc;
f) Bound to furnish security, submit accounts, and also responsible for any loss.
Section 94 provides for the appoint of the receiver :
As per Section 94 the court may order (in order to prevent the ends of justice from being defeated),
appointment of a receiver of any property.
Order 40 provides for the rules in relation to the receiver.
Order 40, Rule 1 provides that, if the court considers it to be just and convenient, then the court may -
a) Appoint a receiver at any property either before the decree or after the decree. I
b) Remove any person from the possession or the custody of the property.
c) Commit the property to the possession, custody or management of the receiver and confer upon the
receiver following power5 :
i) power to bring and .defend any suit,
ii) power to collect rents and profits in order to realize, manage, protect, preserve and improve the
property,
iii) power to execute document, which the owner of property himself has, and
iv) any other power which the court thinks fit.

The court cannot remove such person from the possession or custody of the property against whom any
party to the suit do not have any such right to remove.
The receiver shall receive such amount for his services rendered, as the court may by his special or
general order direct .
Rule 3 provides for the duties of the receiver. Accordingly, the receiver shall have the following duties to
perform-
The receiver appointed shall,
a) furnish suit security, if any, as the court thinks fit, to account for what he shall receive in respect of the
property.
' b) submit the accounts of such period and at such intervals as the court may direct.
c) pay the amount which is due from him as the court directs and
d) _be responsible for any loss, caused to the property due to his willful default or gross negligence.

If the receiver so appointed -

a) fails to submit his accounts at such period and in such terms as has been directed by the court, or
b) fails to pay the amount due from him as the court directs, or
c) in case loss is caused to the ·property by the willful default or gross negiigence of the receiv~r, then the
court may order for the attachment of the property of the receiver.
Powers of Receiver :
{Order XL] - At any·stage of Suit or in execution, Receiver may be appoint~d by Court to preserve the
property, movable or immovable, which is the subject matter of the Suit. He may be given such powers as
the Court may feel necessary viz. to take possession of property, maintain it, receive payments, make
expenses,·pay tax, file and defend Suits- as ifhe is the.owner of the pr:operty. He.renders accounts to the
Court and gets his remuneration and expenses. · ·
The court may, then sell the property of the receiver so attached, for the purpose,
a)_ to make good any amount found due from him. .
b) to make good any loss caused to the property by him.
CPC 62. Author - Prof. Prakash K. MokaL
The court shall, then pay any balance amount to the receiver.
The court may appoint the Collector as the receiver of the property, with the consent of the Collector, if
the-
a) property is alone paying revenue to the Government,
b) land of which the revenue has been assured or redeemed and the court considers that the interest of
those persons who are concerned with the property, will be promoted, if the •land is send wider ~e
management of the Collector.
Legal consequences of appointment of receiver :
A receiver is an officer of the court who is appointed,for the benefit of all the persons; The appointment of
receiver is a discretionary power of the court. A receiver shall not be appointed unless, it is shown by the
plaintiff that prima facie he has good chance to succeed in the suit. When receiver is appointed by the
court, then -
a) a receiver cannot sue or· be sued, except with the leave of the court which has appointed him as a
receiver.
b) property which comes in the hand of the receiver cannot be attached without the leave of the court ..
c) any party to the suit shall be guilty of contempt of the court, if such party enters into agreement with
the reeeiver or for the purpose of restricting or controlling the powers of the receiver.
d) the court only has power to fix the remuneration of the receiver for his services. Promise made by any
party to suit to pay remuneration to receiver, is not enforceable by the court.
e) if the receiver continues with the business of the deceased, for whose estate he was appointed as
receiver and in the course of business incurs the debts then the person against whom the debts, are
incurred, may proceed ag~inst both, the receiver personally, and the estate of the deceased, for the acts of
the receiver.
f) the Magistrate under the Code of Criminal Procedure, cannot interfere with the: property under the
possession of the receiver without the sanction of the civil court.
g) if a receiver commits any criminal offence in the exercise of his duty as a receiver, then the sanction of
the court is not required for the prosect;1tion of the receiver.
These are the legal consequences of appointment of a receiver under the Civil Procedure Code, 1908.

O. 29: Explain the principle of temporary injunction.

OR
-
Elucidate in detail the principle governing temporary injunction, their
nature and scope under the Code of Civil Procedure?
QR
Discuss the powers of the court to grant interim injunction. When a
defendant is entitled to seek an order of injunction from. the court in a suit
by the plaintiff? [Nov., 2005}
OR ,.
Write essay type answer on - Injunctions and Interlocutory orders ~ [ApriJ,
2016} . . -:,. -

OR ;·. -~;',. ·, l i _. .
Discuss the principle governing :the grant and refusal of inju~~~~pd~r'. ,
the Code of Civil Procedure.
.
;/. ~11:g":
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OR ,;/
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CPC 63. Author- Prof. Prakash K. MokaL
Discuss the powers of the Court to grant interim injunction. When is the
Defendant entitled to seek an order of injunction from the Court in a suit
~~~~? -
QR
Write essay type answer on - Temporary Injunction. {Nov., 2011)
QR
Write essay type detail answers on - Injunction and Interlocutory orders.
{Nov., 2008; Nov., 2012]
OR
Write a short note on : I
Temporary injunctions. [Nov., 2008; Nov., 2011,· April, 2014)
Answer:
The tenn 'injunction' is not defined anywhere in the Code ..AJl-injunction is a judicial process by which a
party is required to do an act, or is abstained from doing any act. It is a preventive relief granted to a party
by a court. Where a party is prohibited to do any act by the order of the court, then it is called prohibitory
injunction and where the court orders a party to do certain act, then it is called a mandatory injunction.
This relief is granted by the court to prevent the future injury to the party.
An injunction is a judicial process whereby a party is required to do or refrain from doing any particular
act.
Under Order XXXIX, Rule 1 of the CPC - The court is empowered to pass temporary injunction when
property in dispute is in danger of being wasted, damaged, alienated or wrongfully sold, or defendant is
likely to sell the property or dispossess the plaintiff or fail to preserve the property.
The court before passing temporary injunction, may give notice to the other side.
Injunctions are _of two types :
a) temporary- injunction, and
b) perpetual injunction.
A perpetual injunction prohibit the party to do any particular act forever. _.)

Section 54 and Section 57 of the Specific Relief Act, deals with the· perpetual injunction.
Temporary injunctions are also called interim injunctions. Temporary injunction prohibits the party front·,·
doing any act for a specified period only, the propose of granting temporary injunction is to preserve the;
property in dispute till the legal rights and claims of the parties are adjudicated by the court. Temporary_ .
injunction is granted to maintain the status quo of the subject matter of the suit till the final detennination -
of the suit. ·
In any suit, both, the plaintiff, and the defendant can apply for the injunction against each other.
Temporary Iniunction : . ._ .
Order XXXIX ·: In any Suit if it is proved by Affidavit or otherwise that property in dispute is in danger of · · · ·~
being wasted, dam.aged or alienated and Defendantthreateris or intends·to remove or dispose of property
in dispute, or threatens tt> dispossess the Plaintiff, or to cause injury, then Court will issue Temporary . .-; ,
Injunction to stop or -prevent Defendant - order is temporary -: .Court to dispose off Application in 30
days -After hearing opposite party, Court may vary or:set aside·the order. Notice to oppqsite paity before
order-Applicant may be ordered to compensate if he wrongly obtained the order: .. . .
Order 39, Rule 1 provides that, the court may grant temporary injunction if it is proved by an affidavit or..
otherwise that - ·
 c,c,. 64. Author - Prof; Prakash K. Mokal
,;a)' Any property ll\ ~ispute in a suit is in danger of being wasted, damage<l or alienated by any party to
the .suit or wrongfully sold in execution of a decree, or ., .
·b) The defendant threatens or intends to remove or dispose-off his property to defraud his c·reditors, or
~) The defendant threatens to remove and dispossess the plaintiff from the property in dispute in the
suit, 9r .
d) The defendant threatens to cause injury to the.plaintiff in relation to any
property in dispute in the
suit.
If.al\~~ aboye ci{Qumstances. are proved, then the_ court shall grant temporary injunction to restrain such
act or make such other order for the purpose of staying and preventing the wasting, damaging, alienation,
sale, removal or disposition of the-property or dispossession of the plaintiff, or otherwise causing injury to
the plaintiff in relation to any property in dispute in the suit as to court thinks fit, until the disposal of the
suit or until further orders.
· The power to grant temporary injunction is discretionary.
In order to avail temporary injunction, following must be proven -
a) There is aprimafacie case in favor of the plaintiff.
b) If the injunction is not granted, irreparable loss shall be caused to the plaintiff, which cannot be
adequately compensated in terms of damages.
c) The balance of convenience must be in favour of the plaintiff.

Rule 1 : Cases in which temporary injunction may be granted-

Where in any suit it is proved by affidavit or otherwise - '
(a) that any property in dispute in a suit is in danger of being wasted, damaged or alienated by any
party to the suit, or wrongfully sold in execution of a decree, or
(b) that the defendant threatens, or intends to remove or dispose of his property with a view to
defrauding bis creditors.
(c) that the defendant threatened to dispossess the plaintiff or otherwise cause injury to the plaintiff in
relation to any property in dispute in a suit.
The Court may order grant of an injunction to restrain such act, or make such other order for the purpose
of staying and preventing the wasting, damaging, alienation, sale, removal or disposition of the property
or dispossession of the plaintiff, or otherwise causing injury to the plaintiff in relation to any property in
dispute in the suit as the Court thinks fit until the disposal of the suit or until further orders. ·
In the above circumstances, temporary injunction can be granted to the plaintiff by the court.
Order 39 Rule 2 provides for the injunction to- restrain the defendant from committing a breach of
contractor other injury. The plaintiff may apply to the court for a temporary injunction for restraining the
defendant - · ·
a) from committing the breach of the-contract. .
b) to restrain the defendant from causing injury of any kind as 'is complained of.
·c) to restrain the defendant from causing any injury of. like nature which arises from the same
contract or relates to same property or right. . .. .
dil:i.J ·1-!'.';':. :
Rule 2 :.I.njunction.to restrain or continuance of breach- ·::".~::~i~,;-~/<i ·:
(a) In any suit for restraining the defendant from ·committing breach of contract or P.~;5 ·w.HtX·.c<>f;'~y
· . kind, wh~ther compensation is claimed in .the suit or not, the pl~tj~:r~:JtfP.r.-J1e
~,o_µnne_ncement of_ the suit and either befqre ~r _after judg111ent. apply the S~,i- /· ··:; '.' ·· ' }Jl!m'
, . tnJun~tjon t~ re~tram ,~ d~f~n~t from_ ccmuruttmg the ~r~ach CJf c~ntraJt?F, .· /9· .
(b) The Court may graqt .
lDJUDction
.
by keepmganaccount,
. . ' '.
g1vmg
'
secunty as. the,,
'"i:
.
. Rul~ 2A :Cons·equerice ot di$Obedience of breach of injunction - ,..
(a) fa. a~case of disobedience of injunction granted· under Rule 1 or Rule 2, ;"~,:
·injunction or any Court to which the suit or proceeding is transferred, may Jt.
'.' "'-~
CPC 65. Author - Pro& Prakash K,. MokaL
the person guilty of such disobedience or breach to be attached, and may also order such person to
be detained in the civil prison for the term n~t exceeding three months.
(b) No attachment made under this Rule shall remain in force for more than one year, if the
disobedience or breach continues, the property attached may be sold out and the Court ntay award
compensation to the injured party and shall pay the balance to the party who is entitled.
Order 39 Rule 3 says that, before any injunction is granted to a party, the ·court shall direct that a notice
of application for the injunction be given to the opposite party.
But, such notice shall not be given to opposition party in the case where it appears to the court that, the
object of granting injunction shall be defeated by the delay.
If the court proposes to grant injunction. without giving notice of the application to the opposition party,
then the court shall record the reasons .for the opinion that the object of granting injunction would be I
defeated by delay.
In such case, the court shall direct the applicant after the order of granting of injunction is made -
a) to deliver the opposition party- or send him by registered post, a copy of application for injunction
together with - ·
i) a copy of the affidavit filed in support of the application.
ii) a copy of the plaint, and
iii) copies of the documents on which the applicant relies and
b) to file an affidavit stating that the copies as said above, have been so delivered ot sent. This affidavit
must be filed on the same day or the next day following day, on which the injunction is granted.
Rule 3-A states that, if an injunction is granted without giving notice to the opposition party, the court
shall finally dispose of the application within 30 days from the date on which the injunction granted.
If the court is unable_ to dispose off the application within 30 days, then it shall record the reasons for
inability to dispose off within 30 days.
If an injunction is granted, such order for injunction may be discharged, or varied, or set aside by the
court, if an application is made to the court by any party who is not satisfied by such order.
When an injunction granted after giving an opportunity of being heard to the opposition party, then the
order of the injunction shall not be discharged, varied or set aside by the court on the application of that
party. .
But, if the court shall vary, discharge or set aside the injunction if-
a) there is a change in circumstances it is necessary to discharge, vary or set aside the injunction, or
b) the court is satisfied that the order of injunction has caused undue hardship to the party.
But, if the order of injunction is passed without giving notice to the opposition party, the court shall
vacate the injunction if the application for temporary injunction has knowingly _made in the application or
in any affidavit, supporting of such application, a false· or misleading statement in relation to the material
particulars. · . ·_·
The court shall not vacate the injunction if it considers that, it is not rtecessary in the_ interest of justice t~
vacate such injunction. The court shall record the reasons if it does not grant the order to vaca~e
injunction. . _
Where an injunction is grant_ed against the corporation, then such injunction shall be binding on -
- a) corporation itself, and · .
b) all the members and officers of the corporation whose personal actions are sought to be restrained.
Rule 3 : Before granting Injunction, Court to direct notice to opposite patty...:.
Where it is proposed to grant injunction without giving notice pf the application to the opposite party, -Ute
(;ourt shall record the reasons for its opinion that the object of granting the injunction wquld be _defeated _··.·._.-·.i_,,;~
by delay, and require the applicant - . -•
 66. Author - Pro& Prakash K. MokaL
. (a) to deliver to the opposite party, or to send to him by registere~ post; immediately after the order
granting the injunction has been made, together with : (I) a copy of affidavit filed in support of the
application; .(II) a copy of plaint, and (Iii) copies of documents on which the application relies;
(b) to file on the day on which such injunction is granted or on the day immediately following that
day, an affidavit. ·
itule jA : Court to dls1>ose of application for injunction with thirty days - . ·
Where an injunction hlts been granted, without giving notice to the opposite party, dispose the application
within thirty days from the date on which the injunction was granted.
tt•l~A :.Order tor injunction may be discharged, varied or set aside - ·
Ptovi4ed that ·if iit ltll apt,tication for temporary injunction or in any affidavit supporting application, a
piirty has made a false or misleading statement and injunction was granted without giving notice to· the
opposite party, the Court shall vacate the injunction.
Rule 5 : 1njunctlon to corporation is binding on its officers - · ·
Att injunction directed to a corporation is binding not only on the corpQration itself, but also on all
tt1rmbers and officers whose personal action it seeks to restrain.
ltule 6 : l>ower to order interim sale -
the Court may, on the application of any party to a suit, order the sale by any person mentioned in such
otdet ot attach before judgment, which is subject to speedy and natural decay, it may be desirable to have
sold at ottce.
Rule 7 : betentfon, preservation, inspection, etc. of subject matter of suit -
(1)The Court inay, on application of any party to a suit, on such tenns, as it thinks fit -
(a) make an order for d~tention, preservation or inspection of any property which is the subject
matter of suit, or as to which any question may arise.
(b) for any of the purpose aforesaid, any person to enter upon or into any land or building in the
possession of any other property to such suit.
(c) for atl or any of the purpo~es aforesaid authorize any samples to be taken, or any observation
to be made or experiment to be tried, which may seem necessary or expedient for the purpose
ofobtainitig full infC>rmation or.evidence.
(2) the provisions as to execution of process shall apply, mutatis mutandis, to person authorized to
e~ter under this Rule.
the bl&ltttltt can atbbly for the temporary iniunction -
a) at anytime after the commencement of the suit, or
. · b) eith~t before or after thejudgment is passed. .
the· .P1aititiff can apply for temporary injunction if the suit is for restraining .the defendant from ·
cotttmitting the breach of contract or other injury of any kind. The plaintiff can apply for temporary
injunction whether or not acompensation· is claimed by hjm. .
. . .

. I
the·courl sh~_U, then.on the application ofthe·plairttiff grant temporary injunction on such tenns as to.::..·
a) the duration of the injunction, . . · . ••·
b) keeping lttt-accofutt, · · ·-· ' ·
· c) ,giving security, or . . · ~< ·,. :
i, .. d): otherwise ·as the court thinks fit.. . .. -: ; -'
. tonsequett~es ot not. obey:titg'injun~tfon:· · · · · .
Where wty coUttgratits ihj\lttction and u1 case ~ ..
i ,,_,'. ,2) .:the•mjltttctiott is ·dH;obeyect,, -or ···

.3) any order under. Order 39, Rule 1 and

.
~
Rule2 is disobeyed, or
 CK 67. Author-hef: hakash k. Mokal
4) any tenns on which injunction granted are breached, or
5) any order made is breached,
then the court which has granted injunction or has made the order, may order for -
a) attachment of the property of the person who has disobeyed the injunction or committed the
breach of order of the court;
b) may also order for the detention of such person in civil prison. Such detention shatl not exceed 3
months.
But, the court may direct the release of such person before the expiry of 3 months.
The attachment of property done as above, shall be in force for a period of 1 year only. lf at the expiry of
period of 1 year the disobedience or breach continues, then the property so attached may be sold and the
proceed thus obtained, may be used by the court to award the compensation to the injured party and the
·balance, if any, shall be paid to the party who is entitled to it. I
Summary:
Inlunctions and Interlocutory orders -
When in any suit, it is proved by affidavit or otherwise, that the property in dispute is. in danger of being
wasted, damaged or alienated or wrongfully sold in execution of a decree, or defendant intends or
threatens to remove or dispose off property, or there is a breach of contract - Court may grant temporary
injunction and give notice to defendant - ask him to furnish security - if the plaintiff has wrongfully
obtained injunction, then he may be ordered to pay the defendant's costs - if atty party disobeys
injunction order, his property will be attached and he may be arrested and put in civil prison.
These are the provisions of temporary injunction under the Civil Procedure Code, 1908.

O. 30 : Summarize the provisions for Abatement of Sutt undet the Ct'11

Procedure Code.
OR
Explain and elucidate the provision of Abetment of Sult undet the Code of
Civil Procedure.
OR
Explain Abatement of Suit upon death or insolvency of partfes to the suit.
/April, 2010; April, 2014; Dec., 2014]
OR
Write a short note on:
Abatement of Sult /Oct., 2009; Nov., 2005)

Answer:
The term 'Abatement' is not define4 anywhere in· the Code. In its general sense, abatement of a suit
means, the termination of a suit by operation of law after the start of the suit, but before the comi,letion of
the suit.
·If .the party expires and if the_ legal heirs are not brought on record within the prescribed period,°.the sui~
abates. the procedure for bringing tire heirs of plaintiff and defendant on record, separately is .laid down
· in Order XXII. . . . . .•·. . , .
On death of the party, suit abates. However, suit will not abate if tjght to sue sutvives. lf_one of the.
several plaintiffs/defendants dies, and right to sue survives, suit shall proceed by or against surviving
· plaintiff/defendant. If, upon death of the party, there is no legal representative, the ·court a~oirtts the
· . Administrator General or Officer of court to represent e·state. · · ·
 68. Author - Prof. Prakash K. MokaL
Suit shall not abate on account of insolvency of plaintiff or defendant. The Official Assignee or
Receiver is not brought on record. If Official Assignee or Receiver is not brought on record to continue
suit, the defendant may apply for dismissal of the suit.
Order 2i of Civil Procedure Code, 1908 deals with Abatement of suit.
As pet 1tule 1, 'the suit will not abate with the death of the plaintiff or defendant if the right to sue
survives. Thus, during the pendency of a suit, if either plaintiff or defendant dies, it is to be first decided
that whether the right to sue survives or not. If the right to sue does not survives, then there is an end to
suit, but if the right to sue survives, then the suit can be.continued by or against the legal representative.
Where itt a case there are several plaintiffs or several defendants, then one, and if any of the plaintiff or
defettdartt dies, and ·
· ' M) rl~t to sue survives to the surviving plaintiff or plaintiffs alone, or
· b) right to sue survives against the surviving defendant or defendants alone,
the court shall rrtake an entry to that effect in the record of the suit and the suit shall proceed at the
instance of the surviving plaintiff or plaintiffs or against the surviving defendant or defendants.
ttule 3 provides that, in a suit if there are more plaintiffs, and one of the plaintiff dies and the right to sue
does not survive to the surviving plaintiff or plaintiffs alone, or to a sole plaintiff or in case of a sole
plaintiff, if the sole. plaintiff dies and the right to sue survives, then the court shall make the legal
reptesentatives of the deceased plaintiff as a party and shall proceed with the suit. The court shall proceed
with the suit if an application is made in the court in this behalf. But, if within the time limit, no
a:pplicatioh is made, then the suit shall abate as against the deceased plaintiff.
Where the suit stands abated, if a defendant makes an application to the court, then the court shall
award him the costs which he may have incurred in defending the suit. Such costs shall be recovered from
the estate of the deceased plaintiff.
Rule 4 provides that, where there are more than two defendants and one of the defendant dies and the
right to sue does not survive against the surviving defendant or the defendants alone or sole defendant or
in case of a sole defendant, if the sole defendant dies and the right to sue survives, then the court shall
make the legal representatives of the deceased defendant a party to the suit and shall then proceed with the
suit. The court shall proceed with the suit ifan application is made in this behalf.
The legal representative can make any defence which he deems appropriate to his character as a
le~al representative. ·
If an application is not made within the time limit prescribed by law, then the suit shall abate
against the deceased defendant.
If the legal representatives fails to file the written statem~nt or after having filed the written
statement fails to appear in the court and contest the suit at the hearing, then the court may give exemption
to th~ plaintiff artd then the plaintiff shall not be required to substitute the legal representatives of_any
such defendant. ln .such a case, even though the defendant ·has died, the court ·shall pronounce the
judgment against the defendant. The judgment so pronounced shall have the same force and effect as if
the judgment has b~en pronounced· before the death of the defendant.
· lb case, .~here there is no legal· representative to a~y party ~ho ha~ dies during the pendency ·of the suit,
~~~~- ..
A) ob rut applicatit>h of any ·party to the suit, proceed in the absence of a legal representative of the. estate
t of the deceased person, or . · . . . ·• . · · . • · • ·· · '· - · ·
b) ~ppoittt the Adrttinistrator-General or an Officer of the court or such other person as .it thinks' fit to
,· represent the estate of the deceased person for the purpose of the suit. · > '\°'.:'. ·\i: :- ··
·,_ . . A~'-<~d~. ~~~.-(~~ ;
The wurt before"triakihg arty such appointment, shall-. .. . . . . ' . ·: _·" . -~ i:-~~):.iJ/-:·;·_ ,; ..
·al).· give notice of such application to any party of the suit to those persons who .at~.)1t~i#'t]p.terest- in
the estate of the deceased person. : · · ,>;. . ·
. . , , ; • .:.,.. ,,',; r ~ ..
. ·-.': ~:' .::·-:,_,,, ~.:

.
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CPC 69. Author - Prot Pralf.ash K Mo/caL
b) ascertain that the person who is proposed to be appointed to represent the estate of the deceased
person, is also willing to be so appointed and that he has no adverse interest against the deceased
person.
If, any question arises whether a person is or is not a legal representative of the deceased plaintiff or the
defendant, such question shall be detennined by the court itself.
If, in a suit, the hearing is completed, but the judgment is not yet pronounced, and during that
period if party for the suit dies, then the suit shall not abate, whether or not cause of action survives. The
judgment pronounced in such a case, even though one of the party to the suit have died, shall have same
effect and force as if the judgment had been pronounced before the death of the party.
Effect of marriage of a party on a suit : I
Where in a suit, there is a female plaintiff or a female defendant, and if such female is married, then the
suit shall not abate. The suit can be proceeded with and a judgment can be passed in such a suit. Where
the decree is passed against the female defendant, it can be executed against the female alone. Where the
husband is liable for the debts of wife by law, then the de~ree may be executed against the husband also
with the permission of the court. In case the judgment is passed in favour of the wife and the husband is
entitled by law to the subject matter of the decree, then the permission to execute decree can be given by
the court on an application of the husband. In any suit, if the plaintiff becomes insolvent and the suit is
maintained by the assignee or the receiver for the benefit of the creditors of the plaintiff, then the suit shall
not abate.
But, if the assignee or the receiver declines to continue with the suit or decline to give surety for
the costs within the time as may be directed by the court, then the suit shall be abated.
If the assignee or receiver neglects or refuses to continue the suit and to give such security within
the time as prescribed by the court, then the defendant may apply for the dismissal of the suit on the
ground of insolvency of the plaintiff. On such application? the court may dismiss the suit. It is to be noted
that, Rule 8 applies when the plaintiff becomes insolvent. Rule 9 shows on the insolvency of the
defendant, pending the suit.
If the suit is abated or is dismissed under Order XXII, no fresh suit can be filed on the same cause
of action. An application to set aside the dismissal or the abatement, can be made by the -
a) plaintiff,
b) legal representative of the deceased plaintiff,
c) the assignee or receiver in case of insolvency of the plaintiff.
If it is proved that, he was prevented by any sufficient cause from continuing with the suit, the court shall
set aside the abatement or dismissal. Such order to set aside can be made upon such forms as to the cost or
otherwise as the court thinks fit.
These are the provisions regarding the Abatement of Suit under Civil Procedure Code, 1908.

O. 31 : Write essay type answer on..:. Suit against Government and Appeal to the
Supreme Court. [April, 2010; Nov., 2011; Nov., 2013]
·QR
What are the provisions of the Civil Procedure Code regarding.Suits by or
against the Government ?-
OR
--
Explain suits by or against Government.
OR -
Write a short note on : - .
Notice under Section 80.of C.:i>.C. [Nov., 2006; Ap~il,2008I
Answer:
m: 70. Author - Pro(; Prakash K. MokaL

1. ln a suit against the government, in case of Central Government, the authority is Union of India, and
in case of siaie Government, the State, to be made party.
i. No suit against the Government or Public Officer in respect of any act done in his official capacity,
until expiry of two months, after Notice in writing bas been given to the Secretary of that
Government. In case of Railways, to the general Manager. In case of the State of Jammu and Kashmir,
to the Chief Secretary, and in case of any other State Government, to the Secretary or Collector of the
District. .
3. ·In C8$e of:urgency, suit may be instituted without such Notice, with leave of the Court. However,
Court will give reasonable opportunity to the Government or Public Officer to show cause.
4. If Notice is defective or erroneous, suit will not be dismissed - if Notice contains name, description,
residence of the plaintiff, sufficient to identify the person and cause of action and relief are
substantially indicated.
Section 79 of the Civil Procedure Code, l908 provides for the suits by or against the Government.
As pbr Section 79, when a suit is filed by or against the Government, following authority shall be named
as plaintiff ordefendant-
a) · where a suit i~ filed by or against the Central Government, the Union of India shall be named as
plaintiff or defendant and
b) where a suit is filed by or against the State Government, State shall be named as plaintiff or
defendant.
Section 80 provides for the issue of statutory notice to the Government before a suit can be filed against
the Government.
Section 80 says that no suit can be instituted -
a) against the Government including the Government of Jammu and Kashmir, or
b) against public officer irrespective of any act purportipg to be done by such public officer in his
official capacity, · _
until the period of two months has expired from the date on which a notice in writing has been given, such
notice can be delivered at the offices of,
a) in case a suit against the Central Government, then the Secretary to that Government;
b) but, if the sui(is against the Central Government and it relates to railway, then the General
Manager of the railway;
c) if the suit is against the Government of Jammu and Kashmir, then the Chief Secretary to the
Government of Jammu and Kashmir or any other officer ·authorized by the Government of Jammu
and Kashmir in this behalf;
d) if the suit is against any other State Government, then a Secretary to that State Government or the
Collector of the District: · ·
e) if the suit is against the public officer, then the copy should. be delivered to him or left at his
office.
Such-notices should mention-:
a) the cause of 18ction; . _ .
b) name, description and place of residence of the plaintiff;
c) the relief claimed by the plaintiff. . ' /'.:- ;:; ,
. in such a suit, the plaint shall contain a statement that such a notice has been left or delivereci~required.
,' .1 • ' . ' . •, . .. .;~_::- ·:-'! ;~
Section 80. (2) provides an exception to. issue of 2 monthf notice. If says that; ,ifsiiit to_\:
an urgent or immediate relief ·against the Goverrunent or any -ptibli~ officer- in.. .i'¢ ·
PlJ!POrting to be done by such public officer in his official capacity, then 'the sulec '::'. ·
leave of the court without giving any_notice as is-required by Section··so {l)i:'! ·:· ·
 ,--

CPC 71 Author-
not grant any relief either in tenn or otherwise unless the Government or the publi
a reasonable opportunity of show cause in respect of the relief prayed for in the suit.-:_
The court, after hearing the parties, is satisfied that the urgent or immediate relief n ·",,
the suit, then the court shall return the plaint for presentation to it after complying with:·
giving the two months' notice under Section 80 (1).
Section 80 (3) provides that, the suit instituted against the Government or against the pu
respect of any act purporting to be done by such public officer in his official capaci
dismissed due to any error or defect in the notice served under Section 80 ( l ). But, the n '
contain-
a) the name, description and the residence of the plaintiff so as to enable the appropriate auth,
the public officer to identify the person serving the notice; · I
b) the cause of action and the relief claimed by the plaintiff.
Such notice should have been delivered or left at the office of the appropriate authority.
In the suit against the public officer in respect of any act purported to be done by such public officer in his
official capacity,
a) The public officer shall not be liable to arrest, nor his property to attachment.
b) But, in case of execution of a decree passed against him, he is liable to be arrested and his property
attached.
c) The court may exempt such public officer from appearing in person in court if the court is satisfied
that the absence of public officer from his duty is detrimental to the public services.
Order 27 rule I provides that, when a suit is filed by or against the Government, the plaint or written
statement should be signed by such person of the Government, as appointed in this behalf. The plaint or
written statement shall be verified by any person who has been so appointed by the Government and who
is acquainted with the facts of the case. The person authorized to act for the Government in respect of any
judicial proceeding, shall be deemed to be the recognized agent of the Government. Such agent can
appeal, act and make applications on behalf of the Government under the Civil Procedure Code.
In case of suit by or against the Government, it is not required to insert the name, description and
place of residence of the plaintiff or defendant. It will be sufficient if the appropriate name of the
Government as mentioned in the suit, is mentioned. The Government pleader in any court shall be the
agent of the Government for the purpose of receiving any process against the Government issued by such
court.
The court while fixing the day for the Government to answer the plaint, shall allow a reasonable time for,
a) necessary communication with th<; Government through proper channel, or.
b) for the issue of instructions to the government pleader. to appear and answer on behalf of the
Government.
Toe· court may extend the time at its discretion, but such· time shall not be extended beyond. a aggregate
period of 2 months. If a suit is instituted against a public officer for damages or other relief for any act
alleged to have been done by him in his official capacity. The Government shall be joined as a party. to the
suit. In· a suit or proceeding to which the Government or a public officer acting in his official capacity is a
party, it shall be the duty of the court to assist the, parties in arriving at a settlement in, respect of the
. subject matter of the suit. The coµrt may in the, first instance, try for settiement between -parties, if it is
possible to settle the matter having regard to the nature and circuµistances of the case. Also if at any stage
of the proceeding if it appears to the court that there is a possibility of settlement between the parties, the
court may adjourn the proceeding for a temporary period and ·try to ·settle the matter by settlement
between the parties.
-:~~_.~_~._,r~~.,~-~~~~~~~~~------..1"'2.~~~~~~A~u,:-;.h~o,=--~P~r=o-;f.-;;Pr:=a~k=as:h~K.~Mi-;_o-:lcaL~~
I
'Ille court may direct the attendance of such person who may be able to answer any material question
relating to suit, if such person is not accompanied by the Government pleader.
iftlte defendant is a public officer and on receiving the summons, apply to the court to grant extension of
time fixed iJl the summons, so that he can make reference to the Government before answering to the
plaint anq obtain ·order on such reference through proper channel. Upon such application, the court shall
extend the tune for a period as it appears necessary to the court. If, in a suit against the public officer the
Government undertakes to defend the suit, then the Government pleader shall apply to the court after he
has been given ·such authority to appear and answer the plaint and the court upon ·such application shall
make a note of the authority of Government pleader in the register of the civil suits.

If'no~application is made by the Government pleader, the court shall proceed on the day fixed in the notice
-asifi(is·a suit between the private parties.
Summary:
· Sections 79 to 82 (0. XVII) :
Suit against Central or State Governments, Railways, etc. - Two months' notice - Notice to contain all
particulai:s· of Plaint - In case of urgency, no notice is required, with leave of Court - Also Suits against
Pub,.ic __ Offi~ers, Co~ssioner, ~o~lect_or, Gene~l Manager of Railway, BEST, Government will
authonze persons to sign and venfy Plamt or Wntten Statement - Government Pleader of a Court to
receive process, Court to give reasonable time to Government - No security amount to be taken from
Government. -
These are the provisions of suit by or against the Government under Civil Procedure Code, 1908.

Q. 32 : Write essay type answer on - Suits against Firms and Corporations. {April,
2014]
OR
Write a short note on :
Suit by or against the Corporation and Firms. {April, 2009; Nov., 2015/

bfRr;
Order XXX, Rule 1 of the CPC lays down that - Two or more persons claiming or being liable as
partners and canying on business in India, may sue or be sued in the name of the Firm of which such
persons were partners at ·the time the cause of action _accrued ..
Order XXIX provides for suits by or against the Corporation. In a suit by or against Corporation, any
·pleading may be signed or verified on behalf of the Corporation by the Secretary or by the Director or
to
other Principal Officer of the Corporation who is able to depose the racts of the case. Where suit' is filed
against Corporation, the Summons may be served on the Secretary, any Director or Principal Officer.
At any stage the Court may require the personal appearance of the Secretary,. any Director or Principal
· Officer who is able to answer material questions relatingto
- .
the suit.-
. Order XXIX provi~es for the suit by or against the corporation. Where in a suit filed by or against a
corporation, any pl~a.dings in the ·suit must be signed: and verified on behalf of the corporation by, ·
-
a) the secretary;
.
or · :
· · b)·· by any director, or .
. c) by other principal officer of the corporation· who is able to depose to the facts of the case:;,, ·:
• ·.....·:; ~;· ·. • . ·. ' .
' . , , -f·._,,,_,' 1!·,-~-" ·.. ! i : ; • • • • :· ~-(~ . . . ,_: .,;~~--.:~. :t · ,
•Rulefpr9vides that, in a suit ·against.the corporation,,the·s9lllillons be served on the:secretary, or·any:. can
dfr~q(or. or other principal officer :of -the .corporatio~ 'o.r the summons can be .served·. by 1eavi1lg it ·or
sen4ing it by post to the corporation .at the registered office of the corporation. If, in;.~~ere:."1&- no
registered office, then at the place where the_ corporation carries. on business. · · - ·· ·

i .•.. '

tc:;_:/~~7Jtt• ,.
 73.
·1any stage of the suit, the court may require the personal appearance of the secretary, or any director or
er principal officer of the corporation who may be able to answer the material question relating to the
~- .
,'' ese are the provisions of suit by or against the corporation under Civil Procedure Code, 1908.

33 : Write essay type answer on - Suit by or against Minors and, Persons of

Unsound Mind. {May, 2012; Nov., 2012; Dec., 2014; April, 2016}
OR
-
Discuss in brief the provisions in the Code of Civil Procedure dealing with
Suits by or against Minor and Persons of Unsound mind.
OR
-
Discuss the provisions relating to Suits by or against Minors.
I

QR
Write short notes on :
a) Suit by Minors or Lunatics. {April, 2006; Nov., 2011; April, 2013/
b) Suit against'Minor. {Nov., 2010]
c) Suit by and against Minor. {Oct., 2009]
d) Suits by and against Minors and Persons of Unsound Mind. {April, 2015}
e) Suit in Representative Capacity. iDec., 2014; Nov., 2015}

fSuit by Minors -
:Suits by minors can be filed through Next Friend, he must be adult, of sound mind and not having adverse
i-interest, cannot compromise without leave of the Court, may be asked to deposit costs, cannot retire
without appointing another person, can be removed by the Court for delay and misconduct, remains on
:record upto minor attaining majority.
. Suit can be filed through Guardian called Next Friend - Any person of sound mind whose interest
':is not adverse to minor, may be next friend - Court may order him to furnish security - He cannot
:compromise the Suit without leave of the Court - He cannot retire without procuring another fit person in
:)is place - He may be removed by the Court if he does not do his duty or for any other cause - He has to
tact upto majority of the minor Plaintiff. ·
The suit can be filed by or against the minor under the Civil Procedure· Code, 1908.
A minor is person who has not attained the age of 18 years. But, where a court appoints a guardian
) notified for the person or property of the minor or where the ·property of minor is under the superintendent
:' of the Court of Wards, the age of majority is 21 years.
·,_Qrder 32 provides for the suit by or against the minor or p~rson of unsound mind.
'.· As per Rule 1, every suit by a minor shall be instituted in his name by a person through his guardian or
/next friend.
·:' If, the sitit is instituted by· or on behalf of a minor without a next friend, the defendant can make an _
: application to the court, '-
. a) to have the plaint taken off the file, _
·- b) costs to be paid by the pleader or other person by whom it was presented, to the defendant. ,
·1:; , On an appli(?ation of the defendant, the notice shall be given by the court to the pleader or the
~pets~n by whom tlie suit was instituted and after he~g any objections, the court m~y make such or<ler
: as it thinks tit. · ·- · ·
 74. Author -Prof. frqkqsh K. Moka/.
In a suit by or against a minor by his next friend, the court may at any stage of the proceeding,
order the next friend to give security for the payment of all costs incurred by the defendant. The court may
order for security either suo motu (i.e. on its own) or on an application by any defendant in this behalf.
Rule 3, provides that, if a suit is filed agains~ the minor and the court is satisfied with the fact of the
minority of the defendant, the court shall appoint a proper person to be a guardian for the suit for such
minor. An application for the-appointment of the guardian for the suit have to be made to the court in the
name and on behalf of the minor or by the plaintiff. Such application must be supported by an affidavit.
The affidavit must verify the fact that,
a) the proposed guardian has no adverse interest in the matters in'controversy in the suit, and
b) that he is the fit person to be appointed as a guardian.
Rule 4 provides that, the court shall not pass any order for the appointment of the guardian unless the
notice to-
a) any guardian of the minor, appointed or declared by an authority, competent to declare in that
behalf, or
b) where there is no such guardian, then notice to the father, or
c) where there is no father, noti~e to mother, or
d) where there is no father or mother, then notice to other natural guardian of the minor, or
e) when there is no father, mother, or other natural guardian, then notice to the person in whose care
the minor is given.
The court shall, after having any objection which may be argued on behalf of any person served with
notice, shall make order in this behalf.
A person appointed as a guardian for the suit for the minor, shall continue to act as a guardian
t}lroughout all the proceedings arising out of the suit including proceedings in any appellate or revisional
court and any proceedings in the execution of decree.
The appointment ef guardian can be terminated by retirement, removal or death of the guardian.
If the next friend or guardian for the suit of the minor, had an interest in the subject matter of the suit
which is an adverse interest to that o( the minor, then the decree passed in the suit cannot be set aside
merely on that ground. But, if such adve~e interest has caused prejudice for the interest of the minor, then
the decree ,passed against the minor can be set aside by the court. Where the prejudice has been caused to
the minor due to any misconduct or gross negligence on the part of the riext friend or guardian, the minor
can obtain any relief available to him under any law.
' Rule 4 provides that, any person can be appointed as a next friend or the guardian of minor - a
a) who is of s.ound mind, ·
b) who has attained the age of majority,
c) whose interest is not adverse. to that of the minor,
d) who is not the opposite party 'i.e. a defendant in case of a next friend, or a plaintiff in the case of
guardian. · ·
. Where the court· is of the opinion that it is necessary for the welfare of the minor, to_ appoint
another pe~son other than the person who is appointed as guardian of such ·minor. by a ·competent
· authority, then the court may appoint such other person in place of the appointed guardian.· · ··
The person to be appointe_d as guardian, should give his consent in writing fo~ ~1.JPh: apeo~pn~nt. ·
If ther~' is no_ fit perso~ who is willing to act as guardian for the suit, the c~ut(~fj~~fariy of
its 'officer of the court as the guaxdian. The cost incurred by such officer in peifotj:bijl{t~. br{iig ijuty of a
guarclian
.
shall be borne either t,y'.: :
.
_· . •-
.
. .
.
. . . .. . '?h:·1:rt,,:~t,};
,-· 1· ,_,,_ . -~" '
_ · a) 1 parties, or . ' , __ _ · '., : .0/~~;-:-,., - <t:: _
•-. ·,•.r,::\(· ·- -
1
· · -b) by any one or m9re of the parties to the suit, or
C) . out of any fund in court in which the minor is, interested, or .,, -!
 CPC 75. Author - Prof. Prakash K. MokaL
d) out of the property of the minor.
The guardian or the next friend of the minor, can make any application to the court on behalf of
the minor.
If, in a suit or application involving the minor, and the minor is not represented by a next friend or
guardian and the court passes an order thereof, then in such case, the co\µ1: shall cancel any such order
passed by it. If the pleader who has obtained any such order, knows about the minority of the party, then
.be is also liable to pay the costs involved in it.
The guardian or next friend cannot receive any money or other movable property on behalf of the
minor or without the leave of the court, either -
a) by way of compromise before decree or order, or
b) under a decree or order in favour of the minor.
I
Where the court has granted the leave to the guardian or the next friend to receive any money or
other movable property on behalf of the minor, then the court shall require the guardian or the next friend
to furnish such security and give such directions, that will be sufficient to protect the property from being
wasted.
u: in case-
a) the next friend or guardian for the suit has not been appointed, or
b) the guardian has not been declared to be a guardian of the property of the minor by the competent
authority, or
c) after having so appointed or declared, the court comes to know of any disability to receive the
money or other movable property.
But, if the guardian or the next friend is the manager of a Hindu undivided family and the decree
or order relates to the property or business of the family or is the parent of the minor, then the court shall
not require the guardian or the next friend to furnish security while granting leave to the next friend or the
guardian for the suit to receive any money or other movable property under the decree or order on behalf
of the minor.
The next friend or the guardian for the suit, cannot enter into any agreement or compromise on
behalf of the minor in respect of a suit in which he acts as a guardian or next friend without the leave of
the court. The court granting such leave shall record the grant of such leave, in the proceeding of the suit.
An application for leave of the court must be accompanied by an affidavit of the next friend or the
guardian for the suit, stating that the agreement of compromise is for the benefit of the minor. Where a
minor is represented by a pleader, then the certificate of the pleader stating that the agreement or
compromise is for the benefit of the minor is required. The court shall examine whether the agreement or
compromise is for the benefit of the minor or not.
Any such agreement or compromise made without the leave of the court shall be voidable against
all the parties other than the minor.
A next friend cannot retire unless he has replaced a fit person to be put in his place and after
giving security for the costs already incurred. ·
The application for the appointment of a new next friend must be supported by an affidavit ·
showing that the proposed person· is first to be so appointed, and that he has no interest adverse to that of
the minor. ·
On any application made on behalf of the minor or by a defendant, the court can remove the next
friend under following circumstances -
a) where the interest of the next friend is adverse to the interest of the minor;
b) · if the next friend is so connected with the defendant in the suit that the minor's interest will_not be
properly protected by the next friend, or .
c) if the next friend does not perform his duty, or
d) if the next friend ceases to reside within India during the pendency of the suit, or
e) for any other sufficient cause.
 CPC 76. Author - Prof. Prakash K. MokgJ.
In case, the next friend is a person who is not a guardian appointed or declared by a competent
authority, and the guardian who is so appointed, and declared by the court to make an application to the
court requesting the court to remove the next friend and appoint him as a next friend. Then, the court shall
not remove the next friend if the court is satisfied that the guardian should not be appointed as the next
friend of the minor. But, if the court is otherwise satisfied, then the court shall remove the next friend and
appoint the guardian in his place as a next friend and make such order as to the costs already incurred in
the suit as it thinks fit. ·
When the next friend is retired, removed, the proceedings shall be stayed until the appointment of
next friend is made in his place. If during the pendency of the suit, a minor plaintiff attains the age of
majority during the pendency of an app_lication, the minor applicant attains majority, then in such case, the
minor can elect whether he will proceed with the suit or application. If he elects to proceed with the suit
·or application, he should apply for the discharge of the next friend and shall also apply for the leave of the
court to proceed in his own name. The title of the suit will then be corrected.
If the minor elects to abandon the suit or appli9ation, he shall apply for the dismissal of the suit or
application. An application in this behalf can be made ex-parte. But, the order discharging a next friend
and permitting a minor plaintiff to proceed in his own name, shall not be made without giving a notice to
the next friend.
Where in a suit, a minor co-plaintiff attains a majority and wants to repudiate the suit, he may
apply· for the removal of his name as co-plaintiff. The court shall dismiss him from the suit if the court
. finds that he is not a necessary party. But, if the court finds that, he is a necessary party, then the court
may direct him to be made a_ defendant. If the minor on attaining a majority, he can apply that a suit
instituted in his name by his next friend should be dismissed on the ground that it was reasonable or
improper, then if the court is satisfied about the unreasonableness or impropriety, may dismiss tlie suit,
If during the pendency of the suit, a person is adjudged to be of unsound mind or, if the person
who is not so adjudged, is found to be incapable to protect his interest by reason of mental infirmity, ifhe
is brings a suit, then the provision of Order 32, Rule I to Rule 14 except Rule 2-A shall apply to the suit,
by or against the person of unsound mind.
Summery:
Suit can be filed by Guardian called Next Friend who must be major, of sound mind, not having adverse
interest. Court may order him to furnish security to the Court if ordered - he can make all applications as
required in the suit - he shall not, without the leave of the Court, compromise the. suit or receive money or
property - he cannot retire without appointing another fit person and giving his security - he may be
removed by the Court if his interest becomes adverse to minor or if he is connected to the defendant,· does
not do his duties or delay the trial, cease to reside within India or any other cause - proceedings to be
stayed till a new person-is appointed. He has to act upto majority'ofthe minor plaintiff.
If the suit is to be filed against the minor, guardian is to be appoint_ed for him.
These are the provisions of suit by or against the-minor or person of unsound mind under Civil
Procedure
. I
Code, 1908.

Q. 34: . Discuss Pauper Suiis.

. QB·. . ·. . .
Write essay type answer on - Suit by a pauper or an indigent person and
suit by minor. [Nov., 2005; Nov., 2013]
. QR
Write essay type ans.wer on - Suit by or··a~ainst indigent 11-~tso~._ [Nov.,
201S] - ' · . . . ::-- .' . ·. :. .
. . . . ';.:·: '.l ..>rJ·';;,;-Jj .- .
QR
Write short notes on :
 CPC 77. Author - Prot: Prakash K. Mokal.
a) Suit by or against Insolvent person. [April, 2016)
b) Pauper Petition. /May, 2007; Nov., 2007)
Answer:
A pauper or indigent person means a person who does not have sufficient means to enable him to pay the
fees prescribed by law for the plaint in the suit.
Provisions regarding an indigent person have been enacted to enable poor person to seek justice by filing
suits or appeals without Court Fee and in this context, the sufficient means would not be sufficient
property and includes such means on which the bare living of the plaintiff or the appellant and the
· members of is family.is dependent. Thus, the person need not exhaust all his property for the purpose of
paying the court fees, without reserving anything for the purpose of maintaining his family members. It
was held in the case of O.P. Nee/am Hosiery Works vis. State bank of India, AIR 1994 HP I p.3 : 1994 I
Civil Court Cases 371 : 1993 (2) Si.LC 185, that - it cannot be the purpose of this Code that the indigent
person should first deprive himself of the sole means of livelihood or alienate all his assets and seek
justice in penury.
Order XXXIII - Suit may be filed by an indigent person i.e. a person who cannot afford the Court fees.
However. such a person must first file a pauper petition asking for the relief of being exempted from
paying the Court fees. This petition may be opposed by the Defendant and/or by the Government Pleader.
Order 33 deals with the suits by indigent persons. The person who are very poor and cannot file a suit
without payment of court fees can file a suit without payment of court fees as per Order 33.
When a suit is filed the plaintiff's required.to pay the requisite court fees as per the Court Fees Act. But,
Order 33 exempts the indigent person from paying the court fees and allow his to prosecute his suitforma
pauperis, if he satisfies the condition laid down in Order 33.
Order 33, Rule 1, explanation I provides who is called as an indigent person. Accordingly, a person is
in indigent person -
a) if he does not have sufficient means to pay the fees prescribed by law for the plaint in such suit.
Sufficient means shall not include the property exempted from attachment in execution of decree
and the subject matter of the suit. or
b) where no fees is prescribed, he does not owns any property worth one thousand rupees, other than
the property exempted from attachment in execution ofa decree and the subject matter of the suit.
While deciding whether a person is an indigent person or not, if the petson acquires any property
after he has made an application for permission to sue as an indigent person and the decision on
the application is pending then such property shall be taken into account while considering the
· question whether the application is on indigent person or not.
If the plaintiff sues in a representative capacity, the question whether he is an indigent person shall be
detemtlned with reference to the means possessed by him in representative capacity.
The chief ministerial officer of the court shall make every enquiry about the question whether a person in
indigent p~rson or not. But the court may adopt the report of the chief ministerial officer and by
consid~ring it as its own findings, or that court may itself mak~ an .enquiry it;1to the question thereof.
The application for permission to sue an indigent person must contain the following -
a) the particulars required in regard to plaints in suits~
.. b) A schedule 9f any movable or immovable property belonging to the applicant with the estimated
· value thereof. - ·

The application shall be signed and verified iri the sam~ manner as prescribed for signing 811d verification
·of the pleadings. ·The application should be- presented to the court by the application in person. If the
 CPC 78. Author- Prof. Prakash K. Mokal.
applicant is exempted from appearing in the court then the application may be presented by an authorized
agent who can answer all the material questions relating to the application and who can be examined in
the same manner as the party to whom he is representing might have been examined, if such party has
attended in person. ·
If there are more than one plaintiff, it shall be sufficient, if the application to sue as a indigent person is
presented by one of the plaintiffs. ·
Where the application is in proper form and is duly presented, the court may examine the applicant or his
agent if the plaintiff is ~llowed to ~ppear through agent, for the merits of the claim and the property of the
applicant. ·
If the application is presented by the agent , court may order that the applicant may be examined by a
commission in the same manner in which the examination of an absent witness is taken.
The court can reject an application for permission to sue as an indigent person in the following cases -
1) where·the application is not framed and presented in prescribed manner.
2) Where the applicant is not an indigent person.
3) ~f the applicant has fraudulently disposed off any property two months before the presentation of
application or in order to able to apply for permission to sue as an indigent person.
But, in case of disposal of property as such the total proceed of the property taken into account
· shall still entitle him to sue as indigent person, then such application for permission to sue, as an indigent
person shall not be rejected in the following cases -
1) where the allegation do not show any cause of action, or
2) where an indigent person has entered into an agreement with respect to the subsection after the
proposed suit under which any other person has obtained_ an interest in the subject matter of th,.:
· suit, or
3) where the allegation made by the applicant in the application show that the suit would be barred by
any law for the time being in force, or
4) where any other person has entered into an agreement with him to finance the litigation.
Where an application for permission to sue as an indigent person is rejected, such order is not appeal able
and it is not a decree of the court.
Where the court does not reject the application due to above mentioned grounds, then it shall fix a day for
receiving,
a) evidence to prove his indig~nce and
b) for hearing any evidence which may dispose thereof.

At least 10 days' notice shall be given to the opposite party and the government pleader fixing of such
day. On the dayso fixed for hearing, the court shall examine, ·
a) the witness if any produced by the either party or .
b) the applicant or his agent and shall make a full record of their evidence.
The:court shall hear any argument about the party may desire to offer on.question whether the applicant is
'or is not entitled to the grant of application to sue as· ari irtdigent person. The court shall then either· allow
or refuse to allow the applicant to sue as an indigent person.
If the applicant given the permission to use as an indigent person then the application· shall be numbered
· antl tegistered and shall be deemed to be a plaint the suit. The suit shall then proceed ii1 a ~arttler as isuit
in~tituted in the ordinary manner. ·, · '·' 1 • · •.
111 such case the plaintiffshall not be liable to, ---.. · '' \?:'.~·.fw:/tt;:if-ri . : ·:·
·:, a) payattycourtfees; . . · ··· • ?W 1=·•',, ·

. '.
; -i :> -' >.~ ~.,. .-_ ' : .
-~;:·-:(\:\:d\t~t.:·/ -
 CPC 79. Author- Prot Prakash K. MokaL
· b) pay fees for the service of process in respect of any petition, appointment of a pleader or other
proceedings connected with the suit.
If an application is made by the defendant or the court pleader that the permission granted to plaintiff to
sue as an indigent person be withdrawn, then the court may after giving seven days clear notice in writing
to the plaintiff, withdraw the permission to sue as an i_ndigent person if,
a) he is guilty of variation or improper conduct in the course of the suit, or
b) it appears to the court-that his means are such that he ought not to continue to sue as an indigent
person, or
c) if he has entered into an agreement with respect to the subject matter of the suit under which any
person has obtained an interest in such subject matter.

If a person is pennitted to sue as an indigent person and is not represented by a pleader, then the court I
may assign a pleader to him. Where a plaintiff succeeds in the suit, the court shall calculate the amount of
court fees which would have been paid by the plaintiff, if the permission to sue as an indigent person has
not been so granted.
Such total amount shall be recoverable by the State Government from any decree to pay the same. The
State Government shall have first charge on the subject material of the suit. If,
a) the plaintiff fails in a suit, or
b) the pennission to sue as an indigent person is withdrawn, or
c) if the suit is withdrawn or dismissed due to -
i) because, the summons for the defendant to appear and answer
has not been served upon him due to failure of the plaintiff to pay court fees or particulars if any
which is chargeable for such services or the plaintiff has failed to present the copies of the plaint
or concise statement, or
ii) because the plaintiff failed to appear when the suit is called on for hearing.
In such case the court shall order the plaintiff or if in case any person is added as a co-plaintiff to the suit
to pay court fees, which would have been paid by the plaintiff if he had not been pennitted to sue as an
indigent person.
If the suit of the plaintiff abates by the reason of the death of the plaintiff or in case if any person is added
as an co-plaintiff, the court shall order that the amount of court fees which would have been paid by the
plaintiff, if he had not been permitted to sue as an indigent person, be recovered by the state government
from the estate of the deceased plaintiff. If an order for the recovery of the court fees is made by the court
then the court shall forward the copies of such order to the collector who will then recover the mount of
court fees specified there in from the person or property liable to payment as if it were an arrears of land
revenue.
The reason of application to sue as an indigent person bars to file the subsequent application of like nature
in respect of the same right to sue. But, the person can sue in an ordinary manner in respect of such right.
The plaintiff, in such case, shall be rejected if the applicant fails to pay the cost incurred by the State
Government and by the opposite party in opposing this application for leave to sue as an indigent person.
Any defendant who wants to plead a set-off or counter claim may be allowed to set up such claim as an
· indigent person. The term used in Order 33 was 'pauper' and the suits were referred to as "pauper suits",
The Amendment of 1976 replaced the word 'pauper' by 'indigent-person'. A minor indigent person may
sue through hi_s next friend although the next friend is not _an indigent person.
Order XXXIII - Rule 1 to 8 :
Following are the provisions of Order XXXIll dealiJ?.g with Pauper Petition-
 CPC. 80. Author - Prof. Prakash K. Molcal.

Rule 1 : Suits may be instituted in forma pauper -

Subject to the following provisions, any suit may be instituted by an indigent person -
a) if he is not possessed with sufficient means (other than property exempt from attachment in
execution of a decree and the subject matter of the suit) to enable him to pay the fee prescribed by
law for the plaint in such suit or, .
b) where no such fee is prescribed, if he is not entitled to property worth Rs. 1000/- other than the
property exempt from attachment in execution of a decree, and the subject matter of the suit.
An Inquiry into the means of an Indigent person/pauper -
Every inquiry into the question whether or not a person is an indigent person, shall be made in the first
instance, by the chief ministerial officer of the Court, unless the Court otherwise directs, and the Court
may adopt the report of such officer as its own finding or may itself make an inquiry into the question.
I
Rule 2 : Contents of application -
Every application for ·permission to sue as an indigent person shall contain the particulars in regard to
plaints, in suits shall contain the particulars required in regard to a schedule of any movable or immovable
property belonging to the applicant, with the estimated value thereof, shall be annexed thereto and it shall
be signed and verified in the manner prescribed for the signing and verification of pleadings.
Rule 3 : Presentation of application -
Notwithstanding anything contained in these rules, the application shall be presented to the Court by the
applicant in person, unless he is exempted from appearing in Court, in which case the application may be
. presented by an authorized agent who can answer all material questions relating to the application, and
who may be examined in the same manner as the party represented by him might have been examined had
such party attended in person.
Provided that where there are more plaintiffs than one, it shall be sufficient if the application is
presented by one of the plaintiffs.
Rule 4 : Examination of applicant -
(I) Wh~re the application is in proper form and duly presented, the Court may, if it thinks fit,
examine applicant or his agent when applicant is allowed to appear by agent regarding the
merits of the claim and the property of applicant.
(U) If presented by agent, the Court may order applicant to be examined by Commission.
The Court may, if it thinks fit,- that the applicant be examined by a Commission in the manner in which·
the examination of an absent witness may be taken.
Rule 5 : Rejection of application -
The Court shall reject an application for permission to sue as an indigent person -
(a) where it is not framed and presented in the manner prescribed by Rules 2 and 3;
(b) where.the applicant is not an indigent person;
(c) where he has within two months next before the presentation of the application, disposed off any
property fraudulently or in order to be able to apply for permission to sue as an indigent person;·
(d) where his allegations do not show a cause of action; . . . .
(e) where· he has entered into any agreement ·with reference to the subject matter of the proposed suit
.under which any other persori has obtained an interest in such subject matter; ·· · ' ' :.
(t) where the allegations made by the applicant in the application show that the suit _wqqlAhe_ barred
_ by any law for the time being in force. · . . " ; ,. ·,. v:,.. : . .
. (g) :where an_y other person has entered into an agreement with him to fin~nce the l~ti8,~tif?,%!::~ ':: :i.,: ·•. ··
Rill~ .6 : Notice of "ay for receiving evi_dence of appllc•nt's indfgency- ·· , ·.' . ::. · ;··.·,:. \~r ~t?, ' ; ·.
Where the. Court sees no reason to reject the application on any of the ground$~~tat~4.:. '., ·.·· · -~ ·- )1aJi.rn
aday for-receiving evidence as the. appli~ant may adduce in proof of his indigen_s:yJl1, · ... :• .s,any
evidence which may be adduced in disposal thereof. · · · · ... ,:.:::<.?;!;'•ii.\
;, ;'\}#.J~ti\i_:~.
'• ••:1··
CPC 81. Author - Prot; Prakash K. Mokal.
Rule 7 : Procedure at hearing -
(a) On the day fixed for hearing, the Court shall examine the applicant or his agent;
(b) The Court shall hear argument which the parties may make on the question of rejection;
(c) The Court shall then either allow or refuse to allow the applicant to sue as indigent person.

Rule 8 : Procedure if application admitted -

Where the application is granted, it shall be numbered and registered and the suit shall proceed as a· suit
instituted in ordinary manner.
These are the provisions under the Civil Procedure Code for the suits· by indigent person.

Q. 35: Write essay type detail answer on - lnterpleader Suit. [April, 2010; April,
2011; May, 2012; April, 2013) I
QR
Write a short note on :
Inter pleader Suit! /Nov., 2006; April, 2008; Nov., 2010; Nov., 2013; April,
2015; April, 2016}
Answer:
The meaning of the term "inter pleader" is to litigate with each other and settle a dispute concerning a
third party. A inter pleader suit is a suit in which the real dispute is not between the plaintiff and
defendant, but the dispute is between the defendant who inter pleads with each other.
Section 88, Order XXXV -
Where two or more persons claim adversely against each other, same debt, money or property from
another who claims no interest in it, except for his costs and expenses, such another person files an inter-
pleader suit, and is ready to deliver the debt, money or property to the rightful owner, as the Court may
order. Court will order him to de_posit the debt or money in the Court, and discharge him. Thereafter. any
defendant may be made plaintiff. There should be no collusion. Court will take evidence and decide.
When Plaintiff claims no interest in the subject matter of dispute, money or property but there are more
than one claimants for it, then Plaintiff can file Inter-pleader Suit and ask the Court to decide who is
entitled to that money or property, )oin all claimants as Defendants. Court may ask him to deposit the
money or property in Court and discharge him from Suit. Court will ask one of the Defendants to become
Plaintiff and carry on the Suit and decide as to who is entitled to that money or property and in what
share. Court will also ask them to pay the cost of the Plaintiff. ·
According to Section 88, if two or more persons claim a particular,
a) debt;
b) sum of money;
c) movable property;
d) immovable property belonging to them and such property is in the possession of a third person and.
such third person does not claims any interest in the property except for the charges or costs- and is
ready to pay or deliver it to the rightful claimant, . ·
then such third person may institute an inter pleader suit against all the claimants.
Such suit can be instituted for the purpose of - . . .
. a) obtaining the decision as to the person to whom the payment or delivery of the property shall be
made. ·
b) obtaining indemnity for himself.
But, in case a suitis pending before a court in which the rights of all the.parties can be property·decided,
thtm no inter-pleader suit can be instituted.
Thus, to file an inter-pleader suit, following conditions must be fulfilled -
 CPC 82. Author - Pro(: Prakash K. MokaL
a) There must be a dispute in respect of any debt, sum of money, or other property either movable or
immovable;
b) There must be an adverse claim of two or more persons against each other;
c) The person from whom such debt, money or property is claimed must not be claiming interest
. therein other than the charges and costs and he must be ready and willing to pay or deliver it to the
rightful claimant; and
. d) No suit must be pending wherein the rights of all the claimants can be properly detennined.
If all the above conditions are satisfied, then inter-pleader suit can be.filed.
As per Order 35, Rule 1 in the inter-pleader suit, the plaint shall state -
a) .that the plaintiff claims no interest in the subject matter in dispute other than fix charges or costs.
b) The claims made by the defendants severally, and
c) · That there is no collision between the plaintiff and any of the defendant.
Where a thing is claimed in the suit, is capable of being paid into the court or placed in the custody of the
court, then the court may require the plaintiff to pay or place it in the, custody of the court, before he can
be entitl~d to any ordet in the suit.
In case·where any defendant in the inter-pleader suit has filed any suit against the plaintiff in respect of
the subject matter of the inter-pleader suit, but the court in which the inter-pleader suit is instituted, that
the inter-pleader or suit in respect of the subject matter of the suit has been filed before it, then the court to
which the information about the inter-pleader suit is given, shall put a stay on the proceeding as against
the plaintiff of the inter-pleader suit.
At the first hearing of the inter pleader suit the court may-
a) declare that the plaintiff is discharged from all the liabilities to the defendants in respect of the
thing claimed and shall award such costs to the plaintiff and dismiss the plaintiff from the suit.
b) In the interest of the justice and convenience, retain all the parties until the final disposal of the
suit.
If the admissions made by the parties or other evidence enable the court to adjudicate upon the title to the
thing claimed, then it shall so adjudicate It.
But, where the admission of the parties do not enable the court to so adjudicate, then the court may direct,
a) that an issue or issues between the parties be framed and tried, and
b) that any claimant can be made a plaintiff in lieu of or in addition of the original plaintiff.
The court shall, then proceed to try the suit in the ordinary manner. When inter- pleader suit is instituted
properly the court may provide for the costs to the original plaintiff by giving him a charge on the thing
claimed or in some other effectual way. ·
These are the_ provisions regarding the inter-pleader suit under Civil Procedure Code, 1908. .

Q. 36 : Write a short note on : Special Case.

Answer: .
.A special ·case is a suit in which the parties do not present the cas~ by filing a plaint as ·is done in all the
ordinary suits. The parties are· interested-in the opinion of the court on any question oflaw or fact.
Section 90 of the Civil Procedure Code, 1908 provides for the special case. As per ,SectiQn ,90, if any
persot1 ,agrees in writing to state a case for the opinioll of the court, then the court shall ;try-and detennine
. . the same in the prescribed manner. · . / .. .,_;;j,;;.)1;n ;,'.;:· ;:
' .{ ,41ftl t' ,, ,' ' .
J I )-~ ::~/; •J.~:~•:,~_,•\"
-.• I (,.t•,~ft.llffljj,~._J_ ·. ,
.• . ~ : '. t?.J ·:. '.· ,,_.
 CPC 83. Author - Prof; Prakash K. MokaL
Order 36 provides for the institution of special case. As per Rule l, parties claiming to be interested in
the decision of any question of fact or law may enter into an agreement in writing and state such question
in the fonn of a case for the opinion of the court.
The parties should, in the ca~e that, upon the finding of the court with respect to such question:
1) sum of money fixed by the parties or to be detennined by the court shall be paid by one of the
parties to the other of them, or
2) some property either movable or immovable specified in the agreement shall be delivered by one
of the parties to the other of them, or ·
3) one or more of the parties shall do or refrain from doing some other particular act specified in the
agreement.
Every case submitted must be divided into consecutively numbered paragraphs and shall concisely state I
such facts and specify such documents as may be necessary to enable the court to decide the question
raised thereby.
Where the agreement is for the delivery of the property, then the estimated value of the property to be
delivered must be stated in the agreement. If the agreement is for the doing or refraining from doing any
particular act, then the reference is to which act must be specified in the agreement.
The agreement which is framed in accordance with the Rule I, may be filed with application in the court
which would have the jurisdiction to entertain the suit having the amount or values of the subject matter,
· which is same as the amount and subject matter of the agreement.
The application so filed, shall be numbered and registered as a suit between the plaintiff and the
defendant. Notice shall be given to all the parties to the agreement except the party or the parties by whom
the application was presented. Where the agreement has been filed, the parties to the agreement shall be
subject to the jurisdiction of the court and shall be bound by the statements contained in the agreement.
The case shall be set down for hearing as a suit instituted in an ordinary manner.
After examination of the parties or after taking the evidence, if the court is satisfied that,
a} the agreement was duly executed by them;
b) they have a bonafide interest in the question stated in the agreement; and
c) that the same is fit to be decided,
the court shall proceed to pronounce the judgment thereon, and upon the judgment so pronounced, a
decree shall follow. The decree passed as above, shall not be appealable in any court.
This is known as special case.

O. 37: Write essay type detailed answer on - Summary Suits. What are the·
provisions of Summary Suit ?/What is Summary Suit ? [April, 2009; Dec.,
2014; April, 2015; Nov., 2015}
OR
In what cases can such a suit be filed ?
OR
Mention the procedure to be followed for instituting a su~mary suit. To
what cases of action, the summary procedure applies ? ·
OR
· On what 'cases, can·· summary suit be filed ? _What are the provisions· t~ ·be
followed for instituting summary suits ? ,
OR
- CPC 84. Author - Pro& Prakash K. Mo/cal.
Explain procedure for summary suit.
9B
Write short notes on :
a) Summary Sult. [Nov., 2005}
b) Summary Sult ~nd Summons for Judgement. [Nov., 2013].

Answer:
On negotiable instruments, contract or conveyance where only liquidated sum of.money is claimed, with
or without interest - is filed as Summary Suit. Writ of Summons (Special) gives .10 days to Defendant to
file appearance, otherwise Decree is passed. If he files appearance, Summons for Judgement is served by
Plaintiff asking Defendant why Judgement should not be passed. Defendant has to seek leave to defend, I
which may be granted subject to deposit.
Summary suit :
The summary suit is the suit in which the defendant is not entitled to defend the suit as a matter of right,
as is there in an ordinary suit. In such case, the defendant applies for the leave of the court to defend the
suit. The object behind the summary procedure is to prevent any unreasonable obstruction by a defendant
who has no valid defence. Summary procedure provides for the speedy disposal of cases. The summary
procedure is ~nly applicable to certain types of suits only.
Order 37 Rule 1 provides that, summary procedure shall be applicable to the following courts only-
a) High Court;
b) City Civil Court, and
c) Small Causes Court, and
d) other courts.
For the purpose of other courts, the- High Court may by notification in the Official Gazette restrict the
operation of Order 37, only to such categories of suits as it deems proper.
Order 37 applies to the following classes of cases :
a) Suits upon bills of exchange, hund;, and promissory notes.
b) Suits in which the plaintiff only·ieeks to recover a debt or liquidated demand in money payable by
the defendant with or without interest arising, -
i) on a written contract, or _ _
ii) on an enactment, where the sum sought to be recovered is a fixed sum of money or in the nature
of debt other than a penalty or
iii) on a guarantee where the claim against the principal is in respect of a debt or liquidated
demand only.
' As per Rule 2, if plaintiff desires to proceed under summary procedure, then a suit to which the Order
37 is applicable, be instituted by presenting a plaint.
The .plaint shall contain -
a) Specific averments to the effect that the suit is filed under Order 37.
b) .That the relief which does not fall vlithin the ambit of Order 39, is not claimed in ~~,plain,t, and
. c), In the title of the_ s~it below the 9umber ofthe suit;it should be mentioned "wide.~_~der xxxv.n
· of the Code of C1vtl Procedure, 1908". · ·· · · . · ;:;'!'fl•_ - : : ·
the summons is to be served upon the defendant along with the copy of the plaint and aJ.tWe. annexures
·-· tJ:ier.~to. The defendant within 10 days of service of s~ary, _may enter an appe?fan.~t · · 'i>erson or "< : :
b! a pleader. In either case, th~y should file in ~e court,. the,:a~dre~s at.w:4~c?,; t:4~,p.wi.1:t · - · 'e,.s~~ed on
· him. Where the defendant gives such address. then all the nohces, summons :~!. ,.-sµall be
deemed to have been duly served on him.. If they are left out the address .
given by .-~ :ih~
'
Jfor
,,
such
 85. Author - Prof. Prakash K. Mokal
service on the day of entering into appearance, the defendant shall send the notice of such appearance to
the plaintiff or the pleader. Such notice can be given either by delivery or sent by a prepaid letter directed
to the address of the plaintiff.or plaintiffs pleader.
After the defendant has entered into appearance, the plaintiff shall serve a summons for judgment on the
defendant. The summons must be returnable after IO days from the date of service. The summary shall be
supported by an affidavit verifying the cause of action, and the amount claimed. It must be stated in the
affidavit that, in his belief there is no defence to the suit.
Within 10 days from the date of service of summons for judgment, the defendant shall apply to the court
for leave to defend such suit on such s~mmons by an affidavit or otherwise, disclosing therein such facts
as may be deemed sufficient to entitle him to defend. Leave to defend may be granted by the court either I
unconditionally or upon such terms as may appear to the court as just.
The leave to defend shall be refused by the court, if the court is satisfied that,
a) the facts indicated by the defendant do not indicate that he has substantial defence to be raised, or
b) the defence intended to be put up by the defendant is frivolous or vexatious.
Where a part of amount claimed by the plaintiff, is admitted by the defendant to be due from him to the
plaintiff, the court shall not grant the leave to defend unless the defendant deposits the amount admitted
by him in the court.
During the hearing of such summons for judgment,
a) if the defendant has not applied for the leave to defend or if such application has been made and is
refused, then the plaintiff shall be entitled to the judgment at one, or ·
b) if the defendant is permitted to defend, as to the whole or any part of the claim, the court may
direct the defendant to give such security within such time as may be fixed by the court. If the
defendant fails to give such securities within the time fixed by the court, then the plaintiff shall be
entitled to the judgment at once.
Rule 7 states that, the procedure in summary suit, shall be the same as the procedure in suits instituted in
the ordinary manner.
These are the provisions of summary suit under the Civil Procedure Code, 1908.

O. 38 : Write short notes on :

a) Appeal from original decree.
b) First appeal. [NiJv., 2005]
.Answer:
The term 'appeal' is not defined anywhere in the Code. An appeal means, the judicial examination of the
decision of the lower court by the higher court for the pw:pose of testing the soundness of the judgment
given by the lower court. It is, in fact, a remedy provided by law to set aside· the decree passed by the
lower court, by the superior court.
Section 96 of the Civil Procedure Code, 1908 deals with the appeal to be filed from original decree.
As per Section 96 : ·
1) An appeal lies from every decree passed by any court exercising original jurisdiction. Such appeal
. can be filed before the court which is authorized to ·hear appeals from the decisions of the court
· exercising the original jurisdiction.
· 2) An appeal can be filed from an original decree passed ex-parte.
. 3) Where the decree is passed by the court with the conserit of the parties, no appeal can be filed from
such decree.
4) No appeal can be filed;
 CPC 86. Author - Prof. Prakash K. Moka/.
a) from the decree in any suit which is cogni~ble by Court of Small Causes, and
b) where the amount or value of the subject matter of the original suit does not exceed ten
thousand rupees.
But, under above circumstances the appeal can be filed on the question of law.
Thus, to file an appeal following conditions must be fulfilled -
a) There must be a decree passed by the court of competent jurisdiction.
b) There must be a person who is adversely affected by such decree of the court.
c) There must be a court ready to entertain an appeal. ·
Appeal from original decree is also known as First Appeal.
A right to appeal is not a natural or inherent right. It is a right created by statute. The right to apper1 1 ,~,u:
be exercised if it is given by the statute in express and clear terms. By the statute under Section 96 ;i·,c
appeal cannot be filed to the Bench in a High Court on a decision passed by the single judge of the Higi1
Court. Such appeals are governed by the letters patent of the respective High Courts.
As per Section 97, where any party is aggrieved by the preliminary decree and such party does not appe,~i
from such decree, he will not be allowed to dispute the correctness of the preliminary decree in any appeal
which may be preferred by him from the final decree.
Section 98 says that,
a) if an appeal is heard by a Bench of two or more Judges, the appeal shall be decided -
i) in accordance with the opinion of such Judges, or
ii) in case of majority, by the majority of such judges.
b) In the absence of any such majority, which concurs in a judgment by other varying or reversing
the decree appealed from, then in that case, the decree shall be confirmed.
But, in case,
i) if the Bench hearing the appeal is composed of two or other even number of Judges;
ii) if the court consists of more judges than those constituting the Bench.
iii) the judges composing the Bench differ in opinion among point of law, then,
iv) they may state such point of law upon which they differ, and
v) such point of law shall be decided according to opinion of the majority. If any of the judges who have
heard the appeal including these judges who have first heard it.
Section 99 states that,
If there is any mis-joinder or non-joinder of parties or causes of action or any error, defect or irregularity
in any proceeding in the suit, which does not affect the merits of the case or the jurisdiction of the case,
then the decree passed shall not be reversed, varied and shall not be remanded in appeal due to such above
mentioned defects.
But, Section 99, shall not be applicable if there is non-joinder of a necessary party.
Thus, to file an appeal under Section 99 following conditions must be fulfilled -
_a) there must be a defect, error or irregularity in any proceedings in the suit
_b) the defect, error or irregularity must affect the merits of the case or the jurisdiction of the court.

Order 41 deals with the term of appeal.

· As per Order 41, Rule 1, every appeal shall be in the form of a memorandum of appeal. It sl1.ould be
. _ signed by the applicant or his pleader. Appeal. is to be presented to the court or to ·such _offlc~r as it
appoints in this behalf.- The· memorandum of appeal should be a~conipanied by a copy of the judgment.
The grounds of objection to the decr~e appealed from, must be .mentioned in the memotand_~ _o( appeal.
·Such grounds·must be-numbered consecutively and must be in~ concise and under distiI1ct,~e~9s; i: · ·
)j··.- ;rJ L. i
t ~- • "·
. ' •! •. ·1;~ .
CPC 87.
If the appeal is against to decree for payment of money, the applicant shall deposit the
disputed in appeal or furnish such securities in respect thereof, as the court may think fit._; :~
The applicant can urge or argue only on those grounds which have been set forth by him'''.:
appeal. But, the appeal with the leave of the court may also urge or be heard on any gro :·
which are not set forth in the memo of appeal. ·
The court, while giving its decision on any ground shall give an opportunity to the pers
affected by such grounds, to contest the case on such grounds. When an appeal is filed
period of limitation, then an application supported by an affidavit, stating facts that he had c;
for not filing the appeal within limitation period, shall be filed along with the appeal. ·."
The appellate court may fix a day for hearing the appellant or his pleader and after he;'t I
appears to the court, then, it should dismiss the appeal. .. ,.
Where the appellate court dismisses the appeal, it shall deliver a judgment after recording tl(
dismissing the appeal. A decree shall be drawn thereafter in accordance with the judgment o~

Every such appeal shall be heard as expeditiously as possible and should be concluded
from the date of filing of the memorandum of appeal.
If the appeal is not dismissed, the court shall fix a day for the hearing of the appeal.
Notice of the day fixed for hearing the appeal shall be,
a) affixed in the appellate court house;
b) alike notice to be sent to the appellate court, to the court from whose decree,
preferred;
c) A notice. as such. shall be served upon the respondent or on his pleader in the appellate-'
"Jutice sen ed l1!1 the respondent shall be accompanied by the corn \lf the memorandum of ap
On the llin -.;(1 t1XL'd. the appellant shall he heard on the appeal It the appeal 1s rl()t dismissed·
lllUrl ,iidii tied; ,hl :c,p(i11dent agarnst the appeal In ,ueh Ld,e t11e c1ppcllant shall he entitled
the rcspundent

If the appellant docs not appear, the appeal shall be dismissed by the court. But, if the appe
and the respondent does not appear, then the appeal shall be heard ex-parte. Where the eviden ,
is sufficient to enable the appellate court to pronounce the judgment, the appellate court maf,
the suit.
The appell:ltc cciurt :1fter hearing the parties or their pleader. ,hall p1l1t1uuncc the judi,!!llC11t in op

The judgment of the appellate court shall be in writing and shall state -
a) the points for determination;
b) the decision on such points of determination;
c) the reasons for the decision; and
d) if in case the decree appealed from is reversed or varied, the relief to which the ap ·
entitled.

The judgment at the time of pronouncement shall be signed and dated by the judge prono~ ·
judgment.
The appellate court have powers to pass any decree and make any order which should have bee
or made. The appellate court can also pass or make such other decree or order, as the case maf,:
Certified copies of the judgment and the decree in appeal shall be furnished to the parties on apph~
the appellate court and at their expenses. A certified copy of the judgment shall also be sent to t~-
court which passed the decree, against which the appeal was filed.
These arc the provisions of First Appeal under the Civil Procedure Code, 1908.
 CPC 88. Author - Prof. Prakash K. MokaL

O. 39 : Write essay type answer on - Appeal against Decrees, Orders and Certificate
of Appeal to the Supreme Court~1Nov., 2008; April, 2013/
QB
Write short notes on :
a) Appeal to the Supreme Court. /April, 2006; Nov., 2012)
b) Appeals against Decrees and Orders. /Oct, 2009; April, 2011; Nov.s
2015)
c) Certificate of appeal to the Supreme Court. /April, 2010; April, 2011] ·
d) Appealable orders 'under Order XLIII (Order 43).

Answer:
An appeal can be filed either from the decree or order of the court.
'Order' is defined under Section 2 04) as the fonnal expression of any decision of a civil court which is
not a decree. .
There are many certain orders of the court from which the appeal can be filed. No appeal can be filed
· from 1any order apart from this.
Sections 104 to 106 and Order 43 deal with appealable orders.
Appeals against Orders and Decrees [Sections 96 to 981 :
Decrees - All decrees are appealable to the Appellate Court authorized to hear appeals from that Court
against all decrees including ex-parte decree, but not against consent decrees, filing memorandum of
appeal, other side can also file cross-objection, Court may set aside, vary or alter the decree or remand
back certain issues for re-trial. No further appeal lies if the appeal is decided by High Court.
Orders - Only those Orders which are mentioned in the CPC, are appealable.
Appeal-
To the Supreme Court/ Certificate of Appeal to the Supreme Court - Section 109 : ·
On certificate issued by High Court,-·tfiat the case involves substantial question of law of general
importance and in the opinion of the High Court, it needs to be decided by the Supreme Court.
Application is to be made to the High Court to issue certificate that the case involves substantial question
of law of general importance which needs to be decided by the Supreme Court - Grounds of appeal to be
stated - When certificate is refused, application will be· dismissed - When certificate is granted, then
applicant to deposit money or Government securities ·for cosfs of respondents, expenses of copying,
translation, sending all records to the Supreme Court - Court to admit appeal and give notice· to
respondents - Further security may be ordered if required - Execution of such decree or order to be stayed
by the High Court.
According to Section 104, an appeal shall lie from the following orders and no others -
a) an order under Section 35-A,
b) · an order under Section 91 or Section 92 refusing to the leave to institute a suit of the nature referred to
in Section 91 and Section 92, as the case may be, · · ·
'c) . an order under Section 95, ., . ; . ~· ,;;,:: · ,,·.! .•,
·d) an order. under any provision of this. Code imposing a fine· or directing th~ arre~t; .O.Xi,9.~fAAtion -~ the
·ci~l prison.of any_person.except_where.such arrest or dete~tion is in execution pf-Wli~i1Ai1:JJ. ::_ .. 1
e) at,1,y order made under rules from which an app~al is . exJ>ressly allowed by rqJe,&1, ~:v;,. ·: ·, ·· · '
i) No appeal lies fro~ any .order passed in appeal under Ord~r 43. . , ·. -~,-~:~}(. .-
ii) No appeal lies from any order made by a court in the exercise of its originafcif· ~
,_ (t{tF
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - . --·--------

CPC 89. Author - Prof. Prakash K. MokaL

iii) In an order of remand from which the appeal lies, and the aggrieved party does not prefer such .appeal,
then he cannot raise any objection disputing its correctness. · .
An appeal from any order can be filed in the court in which the decree in the suit in which such
order was made. If an order is made by a court in exercise of appellate jurisdiction, then to the High
Court. Section 104 does not bar the right to appeal under letter patent for the Supreme Court. Right of
review or revision is not taken away be Section 104. An appeal from any order can be filed in High Court
within 90 days and in another court within 30 days from the date of order. The right to appeal is not a
natural or inherent right. The party can file an appeal only if it_ ts expressly provided under a statute. Thus,
the right to appeal is a statutory right.
A statute creating a new right is always prospective, it cannot be given retrospective effect.
An interlocutory order passed in a suit, is either appealable or non-appealable. If the interlocutory I
order is appealable, the party against whom the order is passed, can make the irregularity in the Order as a
grant of objection in the memorandum of appeal.
As per Order 43 following orders are appealable -
a) An order under Rule l O of Order VII returning a plaint," to be presented to the proper court except
where the procedure specified in Rule 10-A of Order VII has been followed. ,
b) An order under Rule 9 of Order IX rejecting an application in a case for an order to set aside the
dismissal of a suit.
c) An order under Rule 13 of Order IX rejecting an application for an order to set aside a decree passed
ex-parte.
d) An order under Rule 21 of Order XI.
e) An order under Rule 34 of Order XXI on an objection to the draft of a document or of an
endorsement.
f) An order under Rule 72 or Rule 92 of Order XXI setting aside or refusing to set aside a sale.
g) An order under Rule 9 of Order XXII refusing to set aside the abatement or dismissal of a suit.
h) An order under Rule IO of Order XXII giving or refusing to give leave.
i) An order under Rule 2 of Order XXV rejecting an application for an order to set aside the dismissal
of a suit.
j) Order in interpleader-suit under Rule 3, Rule 4 or Rule 6 of Order XX.XV.
k) An order under Rule 2, Rule 3· or Rule 6 of Order XXXVIiI.
I) An order under Rule I, Rule 2, Rule 4 or Rule 10 of Order XX.XIX.
m) An order under Rule l or Rule 4 of Order XL.
n) An order of refusal under Rule 19 of Order XLI to re-admit, or under Rule 21 of Order XLI to re-
hear, an appeal.
o) An ord~r under Rule 23 of Order XLI remanding a case, where an appeal would lie from the decree
of the Appellate court. ·
p) An order under Rule 4 of Order XLVII granting an· application for review.
These are the provisions of appealable order under Order 43 of Civil Procedure Code, 1908.

O. 40 : Write essay type answer on - Reference, Review and Revision. /April, 2006; ·
Nov., 2007; April, 2009; April, 2011; ivov.,.2011; Nov., 2012; Nov., 2015]
OR. ·•
Set out .in detail the provisions of Appeal, Reference, Review and Revision..
{May, 2012; April, 2014; Dec., 2014].
OR
When arid under w~at circumstances will a Reference lie, and to which CQUrt ?
OR
Explain fully the provisions relating to Rererence to High Court!
 CPC 90. Author - Prof. Prakash K. MokaL

QR
Write short notes on :
a) Reference, Review and Revision. [April, 2015}
b) Reference and Revision. [April, 2013}
· c) Reference. [Nov., 2008; Nov., 2010}
d) Review. [Nov., 201 JJ
e) Difference between Revision and Appeal. [May, l007J
Answer:
Appeal : It means the removal of a cause from an inferior to superior court for the purpose of testing the
soundness of the decision of the inferior court [Section 96].
I
Reference : Reference to the High Court _under Order XIVI.
Any court may state a case and refer it for an opinion of the High Court. Thereafter, the High Court may
pass such order thereon as it thinks fit. When a pending case involves a question as to the validity of act
which is necessary for the case which in opinion of subordinate court is invalid, but not so declared by a
High Court or the Supreme Court [Section 113].
Summary:
. Reference to High Court for opinion by any Court - on question of law or usage - on which, the Court
has reasonable doubt - may on its own motion or application of the party - Refer that question to High
Court and stay proceedings till High Court gives its opinion.
Reference ~ Before or on the hearing. a question of law arises. on which that Court has doubt, then it may.
on its own or on allocation of party draw a statement of the facts of case and the points of doubts and refer
it to High Court for its opinion. The Court may stay the proceedings or pass decree subject to the opinion
of High Court. and the decree may be passed or altered, accordingly.
Reference - Any Court may refer a question of law arising in a pending suit to the High Court for its
opinion, and stay the hearing till the High Court gives opinion.
Review : Any person being aggrieved by' a decree or an order from which appeal is allowed but not
preferred, from which no appeal is allowed ·and who from discovery of new and imp01tant matter or
evidence, which was not within his knowledge, or on account of some mistake apparent on face of
record, desire to have review of order, may apply for review of order or decree [Section 144].
Summary:
R~view - High Court may call for record of any case decided b)(subordinate Court, in which no appeal
lies, if that Court has exercised jurisdiction not vested in it or failed to exercise jurisdiction vested in it or
exercised jurisdiction illegally or with material facts irregularly. High Court may make such order as it
thinks fit, by varying or reversing the order of the subordinate Court.
Review - Any party, who has not filed appeal, may make an application for review to the same Court
which has passed decree or order - if new facts or documents or evidence are found whirlh were not found
· at the time of trial, Court may rehear that issue or matter.
Application to the same Court and same Judge - Where Appeal is not preferred - Discovery of new and
important matter of evidence - not within knowledge when Decree was pass~d - Court to ·pass .appropriate
order - No second Review of order or Review. · -... _, 1
1 -- '

Revision : Under Section 115 of the CPC - High Co~· may call for the record of any case ~hich is
decided by inferior court, and in which nq Appeal.lies, High Court may v'ary or review the•#t~~r: .: ·..·
, . ·The tenn 'Revision' means, to revise for the purpose of correcting any mistake or f~titlie"-oomose of
improving. ·, · · · · · · '. '· - : 1 :~ _,:"·\~J4f r · ·•

,:· . .
-~•I: -

.:,: ilrl.l:~ .
 CPC 91. Author - Prof. Prakash K. MokaL
Revision : High Court may call for the re~ord of a case on Application of party where the subordinate
Court has no jurisdiction, or fails to exercise jurisdiction or wrongly exercises jurisdiction.
Difference between Revision and Appeal : Summary -
Aru,eal: is filed by the aggrieved party on the order, judgment or decree to a higher Court to reconsider
the order, judgment or decree on merits. .
Revision : when no appeal lies on a decided case, the higher Court on its own or on application of a party
to the case. may call for the record of the case decided by the subordinate Court. where it appears that the
·lower Court has -
a) exercised a jurisdiction not vested in it
b) has failed to exercise a jurisdiction; or
c) has acted in the exercise of its jurisdiction illegally or with material irregularity.
The subordinate court can state a case and refer it to higher court for its opinion. This is known as I
reference.
Section 113 deals with the reference under Civil Procedure Code, 1908.
As per Section 113, any court may state a case and refer the same for the opinion of the High Court and
the High Court may make such order as it thinks fit. Where in a case which is pending before a court, the
court is satisfied that the case involved the question as to the validity of any Act, Ordinance or Regulation
or of any provisions contained in any Act, Ordinance or Regulation, and the determination of such
question is necessary for the disposal of the case and the court of the opinion that such Act, Ordinance or
Regulation is invalid or inoperative but, it has not been so declared by the High Court to which such court
is subordinate or the Supreme Court. Then the subordinate court shall state a case, and after recording its
opinion and the reasons for the same, refer the case for the opinion of the High Court. Objection behind
the reference is that the subordinate court can avoid the error which cannot be rectified later on the cases
in which the non-appealab\e orders can be passed by the court.
Order 46 provides for the condition under which the reference can be made to the High Court by a
subordinate court.
As per Rule l Order 43, under following conditions, a reference can be made to the High Court:
a) there must be a suit or appeal which is pending before a subordinate court.
b) The decree to be passed in such suits or appeal, shall not be appealable or
c) There must be a proceeding pending in the execution of a decree.
d) Either before or on hearing in such pending suit, appeal or proceedings any question of law, usage
having the force of law must arise
e) The court trying the suit, appeal or executing the decree must have reasonable doubt of such
question of law or usage.
Then, the subordinate court either on its own motion, or on the application of the party to the suit, must
draw a statement of the facts of the case and the point on which the doubt is raised and refer such
statement along with its own opinion on the point, for the decision of the High Court. .
When such reference is made to the High Court, the High Court after hearing the parties, if they want to
appear and desire to be heard, shall decide upon the point so referred to it. The High Court shall, then,
transmit the copy of its judgment under the signature of the registrar to the court by which the reference
was made to it. The subordinate court on receipt of.the judgment thereof, shall proceed to dispose of the
case in conformity with the decision the High Court. When the. subordinate court makes a refer~nce fo the
High Court, then the subordinate court may either stay the proceedings or proceed in the case~ ~veil
though reference has been made to the High Court. The court may also pass a decree or make an order
whfoh is contingent upon the decision of the High Court on the point referred. When a reference is made.. ·, ..
to the High Court as such, no decree or order shall be executed in any case iri which such reference)sJ;:i~~
,• --~~1·:· 1
CPC 92. Author- Prof. Prakash K. Mokal
made until the copy of judgment passed by the High Court on the reference is received by the subordinate
court.
When a case is referred to the High Court, the High Court may return the case for amendment and may
alter, cancel or set aside any decree or order which may have been made by the court making the
reference. ·The High Court may make any order as it thinks fit.
In any case, if the court before passing the judgment, is having doubt that whether the suit is cognizable
by Court of Small Causes or is not so cognizable, it may submit llie record to the High Court wtth a
statement and its reasons for the doubt and the nature of the suit.
The High Court after receiving the record or the statement, may order that the court may either proceed
with the suit or refer the ·plaint for presentation to such a court as it may in its order to be competent to
take cognizance of suit.
Rule 7 says that, where the District Court is of the opinion that a court subordinate to it bas not exercised
the jurisdiction vested in it or has exercised the jurisdiction not vested in it, then the District Court, as it is
required by the party, shall submit the record tq the High Court with a statement of its reasons for
considering the action of subordinate court. The High Court shall make such order, as it thinks fit.
These are the provisions of Reference under Civil Procedure Code, 1908.

O. 41: Explain fully the provisions relating to Review.

Answer:
The term 'Review' means. to reconsider. It also means, to re-examine. It is a judicial re. .examination of
the case by the same court and by the same judge. In a matter which has been disposed off by a judge. On
a review petition filed, the same court and the same judge shall review the matter disposed by it. Tl· :
object behind the review is to correct the error due to human fallacy and prevent the· miscarriage of
justice. A person who is aggrieved by the decision of the court may file the review petition.
Review : to same Court or same Judge who passed Decree or Order - if new facts 'of evidence arc
discovered - not known when Decree was.passed.
Section 114 and Order 47 deals with review.
As per Section n 4, any person who is aggrieved, may apply for a review of judgment to the court which
passed the decree or the order. Such review of judgment can be filed if a party is aggrieved by -
a) A decree or order from which an appeal is· allowed by the Ciyil Procedure Code, 1908, but from
which no appeal is filed.
b) By a decree or order from which no appeal is allowed by the Civil Procedure Code, 1908.
c) By decision and reference from a Small Causes Court.
An application for review of judgment can be made qn following grounds -
a) Due to discovery of new and important matter or evidence. Such new and important matter or
evidence will not bt! within the knowledge or could not pe produced by him at the·time when the
decree was passed or order.was made even after exercising the due diligence, or .
. b) . Due to some mistake or error apparent on the face of record, or
c) For any other sufficient reason. -.

When there are more than- one plaintiff or more _than one defendant and _tpe party 'is:·.q,~t appealing
from a decree or order, such party in~y apply_for the reyiew of th~judgment, even :~?:ii~~X~9f;ber party
to the. case h~ preferred an app_eal ~d such app 7al is-pe~ding b~fore the app~llat~. ~p .. ,, ·" f- rb, ; , .. · .
. But, tf the ground of appeal filed by som:e other party, ts ~ame as the gro~cff.9 ;:,'\"., r, ~w, then the
application for review of judgment cannot be filed. The application for_ the review of)ii,ti~eiit cannot be
.' . - ~ ,. . . .

-~:·. /~1~;\,;:,:

'_ ,_.;.)jif.-.
CPC 93. Author-Prof. Prakash K. MokaL
made by the respondent, if he can present the appeal to the appellate court. Where it appears to the court
that there are no sufficient grounds for review, the court shall reject the application. But, if the court is of
the opinion that the application of review should be granted, then it shall grant the same.
But, application for review shall not be granted,
a) if a notice is not given to opposite party to enable him to appear and be heard in support of the
decree or order, for which the review is applied and
b) if any new matter or evidence is discovered, and the applicant alleges that it was not within his
knowledge or could not be produced by him when the decree ·or order was passed or made and
strict proof of such allegation is not submitted by the applicant.
Where the application for review of judgment is filed and the judge who made the order or passed
the decree is still attached to the court, then such application for review shall be considered only by that (
judge alone and none other.
Where the application for review of judgment is rejected by an order of the court, such order is riot
appealabie. But, an order by which the application for review of judgment is granted can be objected and
the appeal can be filed thereof against the order granting the application for review of judgment.
A review of review cannot be granted under the Civil Procedure Code, 1908. Thus, an application
to Review an order which was made on an application for a review .cannot be entertained by the court.
These are the provisions regarding review under Civil Procedure Code, 1908.

O. 42 : Discuss the provisions relating to Reference, Review and Revision.

OR
Write a short note on : Revision.
Answer:
The term 'Revision' means. to revise for the purpose of correcting any mistake or for the purpose of
. .
1mprovmg.
Revision : High Court may call for the record of a case on Application of party where the subordinate
Court has no jurisdiction, or fails to exercise jurisdiction or wrongly exercises jurisdiction.
Section 115 of the Civil Procedure Code, 1908 deals with Revision. According to Section 115, the High
Court may call for the record of any case which has been decided by any subordinate court to it, and in
such cases, where no appeal lies.
The High Court may call such record if it appears that the subordinate court,
a) have exercised the jurisdiction not vested in it by law, or
b) have failed to exercise the jurisdiction not vested in it by law, or
c) have acted in the exercise of just jurisdiction illegally or with material irregularity.
In such cases, the High Court may make such an order as it deems fit. The High Court cannot vary
or reverse any order made or any order which decides an issue in the course of the suit or other
proceedings. But, the High Court can vary or reverse the order if the order was made in favour of the
party who has applied for revision, then the suit would have been finally disposed off. ·
If an appeal lies either to the High Court or to any court subordinate to it, then the High Court
shall not vary or reverse any decree or order when a revision is filed. Such revision does not operate as
stay on the proceeding stated before the court, but the High Court may order for the stay of such suits ot
other proceedil)gs. .
The object fpr the provisions of Revision is to prevent the subordinate courts from acting illegally,._
irregularly and arbitrarily in the exercise of their jurisdiction. Power of re~ision empowers the High_Court ·
 CPC 94. Author - Prof. Prakash K. Mokal.
-
to see that the proceedings before the subordinate courts are conducted in accordance with the law. Where
the subordinate courts commit the error of jurisdiction, it is corrected by the High Court by revision.
By exercising· the revisional jurisdiction, the High Court cannot correct the errors of facts or law.
The power of High Court under Section 115 is discretionary.
The High Court can exercise the revisional jurisdiction either suo motu or on an appli~ation of a person
aggrieved by an order passed by the court subordinate to the High Court.
The High Court can exercise the revisiorial jurisdiction if the following conditions are satisfied -
a) A case must have been decided; ·..,
b) The court deciding the case must be subordinate to the High Court;
c) The order passed by subordinate court must not be an appealable order;
d) The subordinate court must not have exercised the jurisdiction as per law.
The application for Revision can be filed within 90 days from the date of the decree or the order.
Provisions of CPC for .
Reference - Section 113 and Order 46;
Review - Section 114 and Order 47 It means to reconsider:
Revision Section 115.
These are the provisions of Revision under the Civil Procedure Code, 1908.

Q. 43: Write a short note on : Precepts. [Nov., 2005)

Answer:
Percepts is an order or direction of one court to another court requiring the other court to do some act.
~ection 46 of Civil Procedure Code, 1908 deals with percepts. According to Section 46, if an application
is made by the decree holder to the court, which has passed the decree, to issue percepts to any other court
~hich would be competent to execute such decree and a request to attach any property belonging to
Judgment debtor is made therein, then such court shall issue the percept specifying the property to be
attached. The court to which such a percept is sent, shall proceed to attach the property in the manner
prescribed in this regard for the attachment
,. of the property in the execution of the decree.

The attachment so made, shall continue for a period of two months. The attachment of the property shall
not be valid after the period of two months, ·
a) if an order of the court is not passed extending the period of attachment, or
b) before the determination of the attachment, the decree has been transferred to the court by
which the attachment has been made and the decree holder has applied for an order for the
sale of such property. • ·
T~e reason behind enacting Section 46 is to prevent the judgment debtor alienating or otherwise dealing
· with such property to the detriment of the decree holder. By ~ttachment, the decree holder is saved from
the ugly intention of the judgment debtor to transfer the property to other person. An attachment made
under Section 46 is merely to facilitate the. execution. If the judgment.debtor's property. is situated beyond
the: jurisdiction of the court passing the decree,· the decree cannot be executed by such court. The decree
holder in such a case, shall apply to the court to transfer the decree to the ·court within whose jurisdiction
the property to be attached and sold> is situated. If the decree holder apprehends that the judgment debtor -
n:iay alienate the property, then the de~ree holder can obtain interim a~chment to prevept_thejudgment
debtor from disposing off the property. The court to.which the application for precept tnade,\cannot attach
the. property by 'itself. Thus, percept is an order by one court to other court. : ·. •-:,- :: -· ,,
, . ·-<'.·,;./~-·.-
O. 44 : Write a short note .o~ : Garnishe~_Notice..
Answer:

: .· '•' ' ~ ~ ~~<;{•i;,k:~~-t ~.'

;:,,.. ,.

:·:,~-~~ }.-
CPC 95. Author - Prof. Prakash K. MokaL
The tenn 'garnishee' means. 'a debtor of a judgment debtor'.
Garnishee is a person who is liable to pay the debt to the judgment debtor or to deliver any movable
property to judgment debtor. The garnishee order is such in which the court orders the garnishee not to
pay the debt to the creditor and shall deposit it in the court. Thus, a garnishee order attaches the debt in
the hand of tfte garnishee.
The court, in the case of debt other than the debt secured by a mortgage or charge which has been
attached·, issue notice to garnishee liable to pay sub debt, if the application is made by the attaching
creditors. The court may call upon the garnishee either to pay to the court the debt due or so much amount
as may be sufficient to satisfy the decree and cost of execution. Or to appear and show cause, why he
should not do so.
If the garnishee makes the payment as above, it shall be a valid discharge to him as against the judgment
debtor. I
If the garnishee does not make the payment and does not appear and show cause in answer to the notice,
the court may order the garnishee to comply with the tenns of such notice. If the garnishee disputes the
liability to pay, then the court may order that such dispute may be t,icd as if it .was an issue in the suit and
thereafter pass the necessary order.
If it appears that the debt in respect of which garnishee notices is issued, belongs to a third party or that
third party has a lien or charge on or interest in such debt, then the court may order such third persori to
appear and state the nature of his claim to such debts, the court sha 11, then make such orders in respect of
the lien, charge or interest of such third person as it may deem fit. The orders passed in garnishee notice
are appealable as if such orders were the decree of the court.
These are the provisions of garnishee notice under the Civil Procedure Code, 1908.

THE LIMITATION ACT, 1963

(36 OF 1963)
[5th October, 1963)

PREAMBLE:
An Act to consolidate and amend the law for the limitation of suits and other proceedings and .·:.
for purposes connected therewith.
Be it enacted by Parliament in the Fourteenth Year of the Republic of India as follows: -
Statement of Objects and Reasons -
The Bill seeks to implement the Third Report of the Law Commission on the Limitation Act,
1908, with one important modification. While giving effect to the recommendations of the Conimission as
respects the re-arrangement of the articles contained in the First Schedule in accordance with their
subject-matter and the rationalization of the period of limitation as far· as possible, it is felt that, it would
be more advantageous to adhere to the existing scheme, which in almost all cases, indicates the specific
point of time from which the period of limitation begins to run. rd
An earlier Bill on the subject introduced in the Lok Sabha on the'23 December, 1960, lapsed on
its dissolution.
Amendment Act 10 of.J 969, Statement of Objects and Reasons - . . ..·
1) The Limitation Act, 1963 repealed and re-enacted with modification the provisions ·of the Indi ,.
Limitation Act, 1908. . :
2) Clause (a) of Section 30 of the 1963_ Act provides a special period of limitation in respect of_f
relating to causes of action which had arisen before the commencement of the Act and for whic_" ·.
CPC 96. Author - Prof. Prakash K. MokaL
period of limitation prescribed under that Act is shorter than the period prescribed under the 1908
Act.
3) The 1963 Act reduced the period of limitation prescribed under the 1908 Act or within a period of 7
years from the commencement of the 1963 Act, whichever period expires earlier.
4) The 1963 Act reduced the period of limitation not only in case of suits by or ·on behalf of
Government, but also certain types of suits by private individuals. In the case of suits by or on behalf
of Government, the period of limitation was reduced from 60 to 30 years; In the case·of suits by
private individuals to recover possession .of immovable proper.ty which has been mortgaged, the
period of limitation was reduced from 60 to 30 years. In the case of suits by private individuals to
recover possession of movable property which has been deposited or pawned, the period of
limitation was reduc~d from 30 to 3 years. Thus, a mortgagor or pawner is a debtor, and therefore,
this period oflimitation is given to him to find money to repay his debt and recover his property.
5) The Bill seeks to replace the provisions of the Limitation (Amendment) Ordinance, 1968 in so far as
they relate in Section 30 (a) of the 1963 Act by an Act of Parliament giving effect to the
aforementioned objects.

PART-I
"PRELIMINARY"
(Sections 1 - 2)

S. 1 : Short title, extent and commencement -

(1) This Act may be called THE LIMITATION ACT, 1963.
(2) It extends to the whole of India except the State of Jammu and Kashmir.
(3) It shall come into force on such date as the Central Government may, by notification in the
Official Gazette, appoint. (It may be noted that the Central Government brought this Act into
force on 01/01/1964).

S. 2 : Definitions -
(a) "applicant" includes -
(i) a petitioner;
(ii) any person from or through whom an applicant derives his right to apply;
(iii) any person whose estate is represented by the applicant as executor, administrator or other
representative;
(b) "application" includes a petition;

(c). "bill of exchange" includes a hundi and a cheque;.

(d) "bond" includes any instrument whereby a person obliges hjmself to pay money tc{ another, on
conditi6n that the obligation shall be void if a specified act is.performed, or is not perfcmned, as the
case may be; · · ·· ' ·,.
'.: . ~. .
CPC 97. Author - Prof. Prakash K MokaL
(f) "easement" includes a right not arising from contract, by which one person is entitled to remove and
appropriate for his own profit any part of the soil belonging to another or anything growing in, or
attached to, or subsisting upon, the land of another;
(g) "foreign country" means, any country other than India;

(h) "good faith" nothing shall be deemed to be done in good faith which is not done with due care and
attention; ·

(i) "plaintiff' includes -

(i) any. person from or through whom a plaintiff derives his right to sue;
(ii) any person whose estate is represented by the plaintiff as executor, administrator or other I
representative;
(j) "period of limitation" means, the period of limitation prescribed for any suit, appeal or application
by the Sche~ule, and "prescribed period" means, the period of limitation computed in accordance
with the provisions of this Act;
(k) "promissory note" means, any instrument whereby the maker engages absolutely to pay a specified
sum of money to another at a time therein limited, or on demand, or at sight;
(I) "suit" does not include an appeal or an application;

(m) "tort" means, a civil wrong which is not exclusively the breach of a contract or the breach of a trust;

(n) "trustee" does not include a benamidar, a mortgagee remaining in possession after the mortgage has
been satisfied or a person in wrongful possession without title.

PART-II

"LIMITATtON OF SUITS, APPEALS AND APPLICATIONS"

(Sections 3 - 11)

What is 'Limitation'?
Limitation in the context of law means a statutory period after which a lawsuit or prosecution cannot be
brought in court. It is also called as limitation period or limitation of action.
The Indian Limitation Act, 1963 prescribes the period within which existing rights can be .enforced in
Courts of Law. The law of limitation is based on the maxim "vigilantibus, non dormientibus, jura
subvenien(" means that law helps and assists the person who is vigilant over his rights, (Le; one who
initiates an action in court of law within right time) and not to him who has slept over his •rights for a
considerable length of time (i.e. who had failed to take an action for his rights in court of law for undue
length of time). The another maxim on which the law of limitation is based is that- "interest reipublicae
ut sit finis litium " which means that the interests of the state or public· require that a period· should be p~t
to litigation.
Thus, the law of limitation is based on public policy and expediency, so th~t there should. be no
uncertainty, doubt and suspense regarding one's rights and liabilities. .· ·
The laws of limitation and prescription are based upon the _principle that the law aids the diligent people
and not the people who are indolent. Thus, the persons who ..slept over· their rights for a considerable
 CPC 98. Author·_ Prof. Prakash K. MokaL
I

length of time cannot unexpectedly bring the litigation against the person who has been in the enjoyment
. of property or right or immunity, perhaps when witnesses of the facts are dead or the evidence of the title
(i.e. documents of property, proof, etc.) lost.
According to LORD Leonards - "All Statutes of Limitation have for their object the prevention: of the , ·
rearing up of claims at great distance of time when evidence are lost and in all regulated countries the
quieting of possession is held an important point of policy".
. Therefore, these Statutes of Limitation have been held as "statutes of repose" and "statutes -of peace"
because of their operation, they lay at rest claims and demands which might otherwise have disturbed the
peace of the community by giving rise to quarrels and litigation. LORD Plunkett has very tersely stated
the importan~e of time limit in the following words - "Time holds in one hand a scythe; In the other an
hour-glass. The scythe mows down the evidence of our rights, the hour-glass measures the period which
renders that evidence superfluous". Thus, if a suit is brought before the court of law after a considerable
lapse of time, it would be difficult for the court to gather the evidence, call for the documents which are
.worn out or lost or not found, call the witnesses who are _either dead or old or not found, etc.

S. 3 : Bar of limitation -
(1) Subject to the provisions contained in Sections 4 to 24 (inclusive), every suit instituted, appeal
preferred, and application made after the prescribed period, shall be disrrussed, although limitation
has not been set up as a defence.
(2) For the purposes of this Act, -
(a) A suit is instituted, -
(i) · in an ordinary case, when the plaint is presented to the ·proper officer;
(ii) in the case of a pauper, when his application for leave to sue as a pauper is made; and
(iii) in the case of a claim against a company which is being wound up by the Court, when
the claimant first sends in his claim to the official liquidator;
(b) any claim by way of a set off, or a counter claim, shall be treated as a separate suit and shall be
deemed to have been instituted, -
(i) in the case of a set off, on the same dat~ as the suit in which the set off is pleaded;
(ii) in the case of a CO\J.Il.ter claim, on the date on which the counter claim is made in Court;
(c) an application by notice of motion in a High Court is made when the application is presented to
the proper officer of that Court.

Question No. (1): "Limitation bars the remedy _and not the rights" - Explain and
state the exceptions to-this rule~/April, 2009}
Answer:·
Suit, appeal or application filed after the limitation period prescribed by Section 3 of Limitation Act will
be dismissed.
· Section 3 of the Act provides that subject to the provisions of sections from 4 to 24 every suit which has
been instituted or period is to be dismissed by the court. It may be noted that ·such proc~.dings are liable
to be dismissed even when the other party does not set up the defence of limitation. Section 3 is:said to be
peremptory and the duty of the Court is .to take :note of this. provision and give effect itQ it~ :even if the
"limitation is not resorted to in the pleading. The provisions of section 3 preferred or-,~p~ieatiori made after
the prescribed period should be dismissed though the other party has not set up the defence of limitation.
In respect_ of~ applicat~on by notice of motion· in a high c~urt an applicati~n ,i_s d~~~e.~,jo -~ade, when-
such apphcatlon 1s presented to the proper officer of the said court. · · · · 111~.c 1Jtr!~t1~.,--_' · ·· · · ·
t~
•
. ., •
·
:i
. .· , . . ··'. . .
'
.
:
. •. . . . :.··.,u·•·,;:,~j·t.,,.·.
• ·.,.·J .. -•~ •. ,.:JC:tc., It('.;~
·.
.t;;t.,,.' ·_-:-. '

Septiop ·31: .lays down tpat' ~ sufr or. an appeal :or an application filed •beyonO:.t! ·· ' · ·1 .·. td. there for,
shall be dislllissed although ~imitation is ~ot set-up as defence by thei,QP~:~ ,An.,Anantraln
CPC 99.
Veeraju vis. Valluri, [1960, AIR A.P. 222/. In a civil suit when a plea which should have beeh
party as a defendant in a suit, or respondent in an appeal, or as an opposite party in an applicatio~ i!f
raised by him, the Court may take no notice of it, but the case with regard to the plea of limitation is
different in as much as by virtue of this section, the Court is under a duty to raise the po"int itself and
dismiss the sui_t, appeal or application, if it has been filed beyond the time prescribed for it by the schedule
of the Limitation Act. Every suit instituted after the prescribed period shall be dismissed, although
limitation has not been set as a defence. It is the duty of the plaintiff to convince the Court that his suit is
within time. If it is out of time and the plaintiff relies on any acknowledgement or acknowledgements in
order to save limitation, he must plead them or prove, if denied: An acknowledgement not pleaded in the
plaint, at least by way of amendment, cannot be relied upon. The plaintiff must appear on the face of it to
be within time. If not, the Court can reject it on ground of limitation even without issuing summons to the
defendant and waiting for his plea of limitation. The provision in Section 3 is absolute and mandatory.
The Court can claim no choice except to obey it in full. It is the duty of the Court to dismiss a suit which
on face of it is barred by time even at the appellate stage despite the fact that the issue was not at all
raised. /Mis. Craft Centre & Ors. vis.. The KDncherry Coir Factories, Cherthalla, A.l.R 199/Ker. 83]
Section 3 of the Limitation Act only bars the remedy, but does not destroy the right to which the remedy
relates. The right to debt continues to exist notwithstanding the remedy barred by the limitation. That
right can be exercised in any other manner than by means of a suit. The debt is not extinguished, but the
remedy to enforce the liability is destroyed. Section 3 refers to only to the remedy but not to the right of
the creditors. Such debt continues to subsist so long it is not paid. It is settled law that the creditor would
be entitled to adjust, form the payment of a sum by a debtor, towards the time barred debt. It is also an
equally settled law that the creditor would be in possession and custody. Therefore, where a debt is barred
by limitation, adjustment of securities deposited by the guarantor towards debt thereafter is permissible
held in Punjab National Bank & Ors. Vis Surendra Prasad Sinha, [AIR 1992 SC 1815/
No time limit for correcting one's own mistake- Even the rule of limitation the expiry of which confers
benefit on other is not construed strictly. No right is accrued to anyone by lapse of two years except that
petitioner by mistake in office of board became older by four years. There can be any time limit for
correcting one's own mistake. In the case of Radhey Shyam vs. The U.P Intermediate Education Board,
Allahabad, [AIR 1992 A/Id. 60], held in the case the prayer of the petitioner for rectifying the date of
birth wrongly recorded by the Board in his High School Certificate cannot be rejected on the plea of
limitation.
Exemption from limitation: Court has inherent power to grant -
The Limitation Act is founded on public policy, it follows from the provisions of the Limitation Act and
enshrines therein that no Court is entitled to invoke any principle for holding a claim as not barred by Law
of Limitation, if such principle can be invoked to add to, or supplement, much less abrogate, or nullify the
provisions of the Limitation Act. The Limitation Act is conclusive in what it provides and what it forbids.
The Act does not confer any inherent powers in a Court to relieve a litigant. from its rigour except in a
case covered by Sections 4-24 thereo£ /Maharashtra State Road Transport Corporation vls.·Raoji Harl
Lal, AIR 1997 Bom.JJ. It is the duty of the Court to take notice of the provisions of Section3, if_it fails to
do, it merely makes an error of law which can be corrected only in the manner laid down iri Code of Civil
Procedure. The erroneo1:ls decree cannot be challenged as nullity held in lttyavir Mathai vis. Varkey,
[AIR 1964 SC 907].

Limitation extinguishes remedy and not right -

The law of limitation is the law of procedure. It does not either create or extinguish rights, except under
Section 27 of the A~t which ·provides for the extinguishment of rights over property. Law of limitation
only bars the remedy by way of a suit, but the right itself continues to exist.
CPC 100. Author-Prof; Prakash K. Moimi.
It means if there is some other remedy by which that right can be enforce4, the Limitation Act cannot
come in the way. Thus, -
(1) under the Code of Civil Procedure, 1908, any appeal or any application,-other than an application
under any of the provisions of Order XXI of the CPC, 1908 may be admitted after the prescribed peri,)d of
limitation. [Section 5 of the Limitation Act];
(2) Where the recovery of the debt is barred by lapse of time, the right to the debt is not extinguished, 8'1 d
if the debtor, without being aware of the bar of time, pays the amount due, he cannot sue the cn:rUor ;
refund the money to him on the ground that his claim for recovery" of the debt had become time-barred;
(3) Even a promise to pay a time-barred debt can be held to be valid and is enforceable against the
promisee;
(4) A minor or insane or an idiot may institute the suit after the disability has ceased. [Section t of the
Limitation Act]. I
S. 4 : Expiry of prescribed period when Court is closed -
\Vnere the prescribed period for any suit, appeal or application expires on a day when the Court i~
closed, the suit, appeal or application may be instituted, preferred or made on the date when the Court re-
opens.
Explanation - A Court shall be deemed to be closed on any day within the meaning of this
Section, if during any part of its normal working hours it remains closed on that day.
Section 4 provides for the contingency, that is, when the Court is closed. It does not extend the
period of limitation. Thus, when prescribed period expires on a holiday or when the Court is not working
on that day or when the Court is closed for some other reason - Pattanswami vis. Amritha Jothi A.LR.
1997 Mad. 308.

S. 5 : Extension of prescribed period in certain cases -

Any appeal or any application, other than an a1mlication under any of the provisions of Order XX l
of the C.P.C .• 1908. may be admitted after the prescribed period, if the appellant or the applicant satisfies
the Court that he had sufficient cause for ~ot preferring the appeal or making the application within such
period.
Explanation - The fact tha(the appellant or applicant was misled by any order, practice or
judgment of the High Court in ascertaining or computing the prescribed period, may be sufficient cause
within the meaning of this Section.
· It may be noted here that, Section 5 applies only to the appeals or applications (except an
application under Order XXI of the C.P.C.) This Section does not apply to the suits. Section 5 cannot be
invoked for condonation of delay in filing application to set-aside the order of dismissal of application
filed under Order XXI, Rule 58, C.P.C .. - Gunda .Jagan Mohan Rao·vls. Kanneti Krishnaiah, 2000
A.I.H.C. 785 (Andh. Pradesh).
While exercising discretionary power vested in the Court under S. 5, the Court has to keep in mind
that discretion has to be ·exercised to advance substantial justice. The Court has a discretion to condone or
refuse to. condone the d~lay as is eyident from the words "may be admittecf' used in this S~ction - M. K.
Prasad vis. P. Arumugam : A.LR. 2001 S.C. 2497.. · ··
S. 6 : Legal disability -
(1) Where a person entitled to institute a suit or make an application for the execution of a decree is,
. at the time from ·which the prescribed period is to be reckoned, a minor or insane, ·or an idiot, he
may institute the suit or make the application within the same period after the disability has
ceased, as would otherwise have been allowed from the time specified,}diet~fot .in the Third
· . column of the Schedule. . ·. . · · .• ,. , ntif.w1.i'.·n. ·
i

(2) Whe(e such person is, at the tiin~ from which the presctibed.periodiisfif~; __ ·• ... -~iled,' affected
by two such disabilities, or where, before his disability· has ceased: ··lfe~~. ,,•.r •:.·.~-.. ·. · d by another
 CPC -101. Author - Prof; Prakash K. MokaL
disability, he may institute the suit or make the ai?J>lication within the same period after both
disabilities have ceased, as would otherwise have been allowed from the time so specified. _
(3) Where .the disability continues up to the death of that person, his legal re_presentative may
institute the suit or make the ap_plication within· the same period after the death, as would
' otherwise have been allowed from the time so specified.
(4) Where the legal representative referred to in sub-section (3) is, at the date of the death of the
person whom he represents, affected by any such disability, the rules contained in sub-sections
(1) arid (2) shall apply.
(5) Where a person under disability dies after the disability ceases but within the period allowed to
him under this Section, his legal representative may institute the suit or make the application
within the same period after the death, as would otherwise have been available to that person,
had he not died.
Explanation - For the purposes of this Section, "minor" includes a child in the womb.
S. 7 : Disability of one of several persons -
Where one of several persons jointly entitled to institute a suit or make an application for the execution of
a decree, ·is under any such disability, and a discharge can be given without the concurrence of such
person,. time will run against the_m all; but, where no such discharge can be given, time will not run as
against any of them until one of them becomes capable of giving such discharge without the concurrence
of the others or until the disability has ceased.
Explanation I - This Section applies to a discharge from every kind of liability, including liability in
respect of any immovable property.
Explanation II - For the purposes of this Section, the manager of a Hindu Undivided Family governed by
the Mitakshara law, shall be deemed to be capable of giving a discharge without the concurrence of the
other members of the family only ifhe is in management of the joint family property.
This Section deals with disability of one of several persons. Where there are several persons who are
jointly entitled to institute a suit or make an application for execution of a decree, and one of them is
under legal disability and others are not. In such a case, if discharge or release from the debt is given to
the defendant by the persons not under disability without the concurrence of the person under a disability.
then time will commence to run against all of them; But, where no such discharge is given, time will not
commence to run against any of them until the disability of a person ceases.
Example 1:
X, Y and Z, the partners of a partnership firm, had lent a sum of money to A. X is a minor, in this case, if
Y and Z can giye discharge of a sum of money or a debt, and release A from his liability without the
concurrence of X, time will commence to run· against all X, Y, and Z.
Example 2: ,
· X, Y and Z, the partners of a partnership firm, had lent a sum of money to A. X is a minor, Y and Z are
insane persons, in this case, they all are incapable of giving discharge or cannot give discharge of a sum
of money or a debt, and release A from his liability. Time will not commence to run against X, Y and Z
until any one of them becomes capable of giving such discharge without the concurrence of other two.
S. 8 : Special exceptions -
[Exceptions to Section 6 and 7] :
"Nothing in Section 6 or in Section 7 applies to suits to enforce rights of pre-emption, or shall be deemed
to extend, for more than 3 years from the cessation of the disability or the death of the person affected
thereby, the period of limitation for any suit or application".
The general rule under Section 6 is, a person under disability can sue after the cessation of the disability
within the same period of limitation as he would otherwise have been allowed.
CPC 102. Author - Prof. Prakash K. Mokal
Section 8 further lays down that, in no case can the period of limitation be extended to anything beyond 3
years from the cessation of the disability. Thus, Section 8 restricts the general rule in the cases where the
period of limitation is more than 3 years. For example, The period of limitation for possession of
immovable property, is 12 years. "A" a minor was dispossessed of his immovable property when he was 6
years of age. On attaining majority (i.e. on completion of 18 years), minor must institute a suit within 3
years only (i.e. up to his 21 years of age). Thus, under Section 8 he cannot get the period oflimitation for
12 years after he attains majority.
Summary:
Limitation and Extension of Limitation -
Limitation means, prescribed period during which Suit is required to be instituted, Appeal preferred and
Application is made to the court.
It is extended if a person is suffering from legal disability i.e. if he is minor or insane person. In cases of
Appeal and Application, if Appellant or Applicant satisfies the court that he has sufficient cause for not
preferring an Appeal or Application within such period, the prescribed period is extended.
It is extended on Court holiday, minority or unsoundness of mind, time taken for issue of certified copy of
order or judgement, the day of the order or judgement, part-payment, acknowledgement in writing,
discovery of fraud or mistake, etc.
Section 5 of the Limitation Act - The day on which the limitation expires - a) Court's holiday, b)
Plaintiff under disability, Minority, insanity, fraud, mistake : c) Suit is against trustees by beneficiaries, d)
Part payment is made, e) Debt is acknowledged in writing, ODate of Judgement or Order is excluded: g)
Statutory Notice period : h) Time taken for other proceedings: i) Leave of Court. etc.

(University Examination Questions)

O. 2 : "Every suit instituted, appeal preferred and application made after the prescribed period,
shall be dismissed" - Discuss.
OR
"Suit filed beyond the period of limitation is not maintainable" - Discuss. Are there any exceptions
to this rule ?
OR
Discuss the provisions of the Limitation Act relating to the effects of a legal disability on the
institution of a suit or application by a person and in case of his death, by his legal representatives.
OR
Summarise the provisions in the Limitation Act, 1963, relating to the effect of legal disability of a
person entitled to institute a suit or make an application for execution of a decree at the time from
which the prescribed period is to be reckoned on institution of the suit making the application.
OR
Write essay type answer on - What is Limitation ? When can it be extended under the various
provisions of the Indian Limitation Act, 1963 ? Answer: Sections 3 to 8 [Apr., 2008; Oct., 2009; Apr.,
2011; Apr., 2014; Apr., 2016}
OR
Write essay type answer on - "Limitation bars the remedy and not the rights" - Explain and state
the exceptions to this rule. [Answer: Sections 3 to 8- Exception Section 271 [April, 2009}

O. 3 : Write short notes on :

a) Extension of limitation. [Answer: Section 51/April, 2006; Nov., 2011; April, 2013; Nov.,
2015/
b) Bar of limitation. [Answer : Section ~/.
c) Legal disability on limitation. Answer: Section 6, 7, and 8 /April, 2010}
CPC 103. Author- Pro£ Prakash K. MokaL
S. 9 : Continuous running of time -
"Where once ti~e has begun to run, no subsequent disability or inability to institute a suit or make an
application, stops it : ·
Provided that, where letters of administration to the estate of a creditor have been granted to bis
debtor, the running of the period of limitation for a suit to recover the debt, shall be suspended while
the administration continues". ,
Section 9 lays down that, once the time for filing suit starts running, it will continue to run till it
has exhausted the full prescribed period of limitation. The period of limitation for short supply of
goods is 3 years under Article 10 and ordinarily the date of delivery to the party should be taken as the
starting point of limitation. And the period of 2 months of statutory notice under Section 80 cannot be
·added to after 3 years, as period of notice runs concurrently with the general period of limitation -
(National Coal Development Cqrporation Ltd. vis. Union ofIndia, A.LR. 1988 Pat 338)
The rule under Section 9 is, where once time has begun to run, it runs continuously and without
any. interruptions or breaks until the time prescribed runs out or expires, and subsequent disability or
inability to sue, will not stop its running.
The rule laid down in Section 9 is same as that of English law which says that, "Time when once it
has coiilmenced to run, in any case will not cease to do so by reason of any subsequent
disability/event".
Exception to the rule under the proviso to Section 9 -
But, where Letters of Administration to the estate of the deceased have been granted to his
creditor, the running of the period of limitation for the recovery of the debt, shall be suspended while
the administration continues.
Exceptions to the rule under Sections 12 to 15 -
(1) Exclusion of time in legal proceedings -
a) In computing the period of limitation for any suit, appeal or application, the day from which such
period is to be reckoned, shall be excluded.
b) In computing the period of limitation for an appeal or an application for leave to appeal or for
revision or for review of a judgment, the day on which the judgment complained of was pronounced
and the time requisite for obtaining a copy of the decree, sentence or order appealed from or sought to
be reviewed shall be excluded.
c) Where a decree or order is appealed from or sought to be revised or reviewed, or where an
application is made for leave to appeal from a decree or order, the time requisite for obtaining a copy
of the judgment shall also be excluded.
d) In computing the period of limitation for an application to set aside an award, the time requisite for
obtaining a copy of the award shall be excluded.
Explanation - In computing under this Section, the time requisite for obtaining a copy of a decree or
an order, any time taken by the Court to prepare the decree or order before an application for a copy
thereof is made, shall not be excluded (S. 12).
(2) Exclusion of time in cases where leave to sue or appeal as a pauper is applied for - In computing
the period of limitation prescribed for any suit or appeal in any case where an application for leave to sue
or appeal as a pauper has been made and rejected, the time during which the applicant has been
prosecuting in good faith his application for such leave, shall be excluded, and the Court ~y, on
payment of the Court-fees prescribed for such suit or appeal, treat the suit or appeal as having the same
force and ·effect as if the Court-fees had been paid in the first instance (S.13).
(3) Exclusion of time ofproceedings bona fide in Court without jurisdiction -
a) In computing the period of limitation for any suit, the time during which the plaintiff has been
prosecuting with due diligence, another civil proceeding, whether in a Court of first instance or of appeal
or re~ision, against the defendant, shall be excluded, where the proceeding relates to the same matter in
 104. Author - Prof; Prakash K. Mokal.
issue and is prosecuted in good faith in a Court which, from defect or jurisdiction or other cause of a like
nature, is unable to entertain it.
b) In computing the period oflimitation for any application, the time during which the applicant has been
prosecuting with due diligence, another civil proceeding, whether in a Court of first instance or of appeal.
or revision, against the same party for the same relief, shall be excluded, where such proceeding is
prosecuted in good faith in a Court which, from defect of jurisdiction or other cause of a like nature, is
unable to entertain it.
c) Notwithstanding anything contained in Rule 2 of Order XXIU of the Code of Civil Procedure, 1908,
the provisions of sub-section ( 1) shall apply in relation to a fresh suit instituted on permission granted by
the Court under rule I of that Order, where such permission is granted on the ground that the first suit
must fail by reason of a defect in the jurisdiction of the Court or other cause of a like nature (S. 14).
(4) Exclusion of time in certain other cases -
a) In computing the period of limitation for any suit or application for the execution of a decree, the
institution or execution of which has been stayed by injunction or order, the time of the continuance of
the injunction or order, ·the day on which it was issued or made, and the day on which it was withdrawn,
shall be excluded.
b) In computing the period of limitation for any suit of which notice has been given, or for which the
previous consent or sanction of the Government or any other authority is required, in accordance with the
requirements of any law for the time being in force, the period of such notice or, as the case may be, the
time required for obtaining such consent or sanction shall be excluded.
Explanation - In excluding the time required for obtaining the consent or sanction of the Gove~ent or
any other authority, the date on which the application was made for obtaining the consent or sanction and
the date of receipt of the order of the Government or other authority, shall both be counted.
c) In computing the period of limitation for any suit or application for execution of a decree by any
receiver or interim receiver appointed in proceedings for the adjudication of a person as an insolvent or
by any liquidator or provisional liquidator appointed in proceedings for the winding up of a company, the
period beginning with the date of institution of such proceeding and ending with the expiry of three
months from the date of appointment of such receiver or liquidator, as the case may be, shall be
excluded.
d) In computing the period of limitation for a suit for possession by a purchaser at a sale in execution of
a decree, the time during which a proceeding to set aside the sale has been prosecuted, shall be excluded.
e) In computing the period oflimitation for any suit, the time during which the defendant has been absent
from India and from the territories outside India under the administration of the Central Government,
shall be excluded. (S. IS).

(University Examination Questions)

O. 4- : "Time commences to run the moment the right to sue accrues". Explain the above rule,
stating the exceptions, if any, thereto. /Nov., 2006]
Answer: Section 9 in detail and Sections 12 to 15 briefly.

O. 5 : Write a short note on :

Continuous running of time. Answer : Section 9.

S. 10 : Suits against trustees and their representatives -

''Notwi~standing anything contained in the foregoing provisions of this Act, no suit against a person in
whom the property has become vested in trust for any specific purpose, or against his legal representatives
or assigns (not being assigns for valuable consideration), for the purpose of following in his or their hands
such property, or the proceeds thereof, or for an account of such property or proceeds, shall be barred by
any length of time.
 CPC 105. Author - Prot Prakash K. MokaL
Explanation - For the purposes of this Section, any property comprised in a Hindu, Muslim or
Buddhist religious or. charitable endowment, shall be deemed to be property vested in trust for a
specific purpose and the manager of the property shall be deemed to be the trustee thereof'.
Effect of Section 10 -
When a Trust is created for some specific purpose, and the trustee in whom the property has
become vested due to such Trust, he is expected to deal with Trust property honestly and not dishonestly
or fraudulently. If he does not, then the person who is beneficially interested (i.e. beneficiary) in that
Trust, may bring a suit against such dishonest trustee to enforce that trust at any length of time without
being barred by law of limitation. And thus, the dishonest or fraudulent trustee who has misappropriated
the trust property, cannot escape by reason of lapse of time -
Case Law:
Chintaman vis. Khanderao, 30 B.LR. 45) -
Facts of the case - ·
After the death of her husband, a widow handed over a sum of money to her brother for the purpose of
education and benefits of her two small sons. After using part of the money for the education and benefits
of sons, the brother used the balance amount of Rs. 1,600/- for his own purpose. The widow filed a suit
after the prescribed time of limitation had expired/lapsed. The Court held that, the Trust being created and
the money being vested in a trustee (i.e. brother) for specific purpose, a suit for account and refund of the
Trust property cannot be barred by any lapse of time.
Assigns for valuable consideration are excluded from the purview of Section 10 -
All assigns for value or consideration are excluded from the operation of Section I0. Therefore, in other
words, suits against them would be liable to be barred by law of limitation according to Article 134 of the
Schedule if the property is immovable; or according to Article 48-A of the Schedule if the property is
movable.

(University Examination Questions)

O. 6 : Explain the effect of minority, fraud, mistake and suit against Trustees which extend
limitation under the Limitation Act, 1963. Answer : Section 10 and 17.
OR
Discuss "Limitation" in the context of suits against Trustees and their representatives under Section
10 of the Act. Answer: Sections 10. [Nov., 2005; Nov., 2009; May, 2012; Nov., 2013/

O. 7 : Write a short note on :

,Limitation for suit against trustees and their representatives. Answer : Section 10. [OcL,
2009]

S. 11 : Suits·on contracts entered into outside the territories to which the Act extends -
1) "Suits instituted in the territories to which this Act extends on contracts entered into in the State
of Jammu and Kashmir or in a foreign country, shall be subject to the rules of limitation
contained in this Act.
2) No rule of limitation in force in the State of Jamrnu and Kashmir or in a foreign country, shall be
a defence to a suit instituted in the said territories on a contract entered into in that State or a
foreign country unless -
(a) the rule has extinguished the contract; and
(b) the parties were domiciled in that State or in the foreign country during the period prescribed .. .,,.·. ,,,. .·
by sueh ruJ e. .f.... . : ·. ·/-~,
T J; ••••,' ,,

•S~ction 11 lays down two rules of a Jaw oflimitation - ··

CPC 106. . Author - Prof. Prakash K. MokaL
1) Suits instituted in the territories oflndia (except the State of Jamrnu and Kashmir) regarding contracts
entered into the State of Jammu and Kashmir or foreign countries, are governed by the rules· of
limitation given in the Limitation Act.
2) No rule of limitation in force in the State of Jammu and Kashmir or in a foreign country shall be a
defence to a suit instituted in the said territories on a contract entered into in that State or a toreign
countzy unless -
(a) the rule has extinguished the contract; and
(b) the parties were domiciled in that State or in the foreign country during the period prescribed by
such rule. ·

PART-III

"COMPUTATION OF PERIOD OF LIMITATION"

(Sections 12 - 24)

S. 12 : Exclusion of time in legal proceedings - _

(1) "In computing the period of I.imitation for any suit, appeal or application, the day from which such
period is to be reckoned, shall be excluded.
(2) In computing the period of limitation for an appeal or an application for leave to appeal or for revision
or for review of a judgment, the day on which the judgment complained of, was pronounced and the time
requisite for obtaining a copy of the decree, sentence or order appealed from or sought to be reviewed,
shall be excluded.
(3) Where a decree order is appealed from or sought to be revised or reviewed, or where an application is
made for )eave to appeal from a decree or order, the time requisite for obtaining a copy of the judgment,
shall also be excluded.
(4) In computing the period of limitation for an application to set aside an award, the time requisite for
obtaining a copy of the award shall be excluded.
Explanation - In computing under this Section, the time requisite for obtaining a copy of a decree or an
order, any time taken by the Court to prepare the decree or order before an application for a copy thereof
is made, shall not be excluded".
S. 13 : Exclusion of time in cases where leave to sue or appeal as a pauper is applied for -
In computing the period of limitation prescribed for any suit or appeal in any case where an
application for leave to sue or appeal as a pauper, has been made and rejected, the time during which the
applicant has been prosecuting in good faith his application for such leave, ·shall be excluded, and the
Court may, on payment of the Court-fees prescribed for such suit or appeal, treat the suit or appeal as
having the same force and effect as if the Court-fees had been paid in the first instance.
S. 14 : Exclusion of time of proceedings bona fide in Court without jurisdiction -
(1) In computing the period of limitation for any suit, the time during which the plaintiff has been
prosecuting with due diligence another civil proceeding, whether in a Court of first instance or of appeal
or revision, against the defendant, shall be excluded, where the proceeding relates to the same matter in
issue and is prosecuted in good faith in a Court which, from defect of jurisdiction or other cause of a like
nature, is unable to entertain it.
(2) In computing the period of limitation for any application, the time during which the applicant has been
prosecuting with due diligence another civil proceeding, whether in a Court of first instance or of appeal
or revision, against the same party for the same relief shall be excluded, where such proceeding is
CPC 107. Author - Prof. Prakash K. MokaL
prosecuted in. good faith in a Court which, from defect of jurisdiction or other cause of a like nature, is
unable to entertain it.
(3) Notwithstanding anything contained in Rule 2 of Order XXIII of the Code of Civil Procedure, 1908,
the provisions of sub-section ( 1) shall apply in relation to a fresh suit instituted on permission granted by
the Court under rule 1 of that Order, where such pennission is granted on the ground that the first suit
must fail by reason of a defect in the jurisdiction of the Court or other cause of a like nature.
Explanation - For the purposes of this Section, - (a) in excluding the time during which a former civil
proceeding was pending; the day on which that proceeding was instituted and the day on which it ended
shall, both be counted; (b) a plaintiff or an applicant resisting an appeal shall be deemed to be prosecuting
a proceeding; (c) mis-joinder of parties or of causes of action shall be deemed to be a cause of a like
nature with defect of jurisdiction.
S. 15 : Exclusion of time in certain other cases -
(1) In computing the period of limitation for any suit or application for the execution of a de~ree, the
institution or execution of which has been stayed by injunction or order, the time of the continuance of the
injunction or order, the day on which it was issued or made, and the day on which it was withdrawn, shall
be excluded.
(2) In computing the period of limitation for any suit of which notice has been given, or for which the
previous consent or sanction of the Government or any other authority is required, in accordance with the
requirements of any law for the time being in force, the period of such notice or, as the case may be, the
time required for obtaining such consent or sanction shall be excluded.
Explanation - In excluding the time required for obtaining the consent or sanction of the Government or
any other authority, the date on which the application was made for obtaining the consent or sanction and
the date of receipt of the order of t~e Government or other authority, shall, both be counted.
(3) In computing the period of limitation for any suit or application for execution of a decree by any
receiver or interim receiver appointed in proceedings for the adjudication of a person as an insolvent or by
any liquidator or provisional liquidator appointed in proceedings for the winding up of a company, the
period beginning with the date of institution of such proceeding and ending with the expiry of three
months from the date of appointment of such receiver or liquidator, as the case may be, shall be excluded.
(4) In computing the period of limitation for a suit for possession by a purchaser at a sale in execution of a
decree, the time during which a proceeding to set aside the sale has been prosecuted, shall be excluded.
(5) In computing the period of limitation for any suit, the time during which the defendant has been absent
from India and from the territories outside India under the administration of the Central Government, shall
be excluded.
S. 16 :. Effect of death on or before the accrual of the right to sue -
(1) Where a person who would, if he were living, has a right to institute a suit or make an application
accrues only on the death of a person, the period of limitation shall be computed from the time when there
is a legal representative of the deceased capable of instituting such suit or making such application.
(2) Where a person against whom, if he were living, a right to institute a suit or make an application
would have accrued, dies before the right accrues. or where a right to institute a suit or make an
application against any person accrues on the death of such person, the period of limitation shall be
computed from the time when there is a legal representative of the deceased against whom the plaintiff
may institute such suit or make such application.
(3) Nothing in sub-section ( 1) or sub-section (2) applies to suits to enforce rights of pre-emption or to
suits for the possession of immovable property or of a hereditary office.
S. 17 : Effect offraud or mistake -
(1) Where, in the case of any suit or application for which a period of limitation is prescribed by this Act,
 108. Author - Pro . Prakash K. MokaL
· ihe suit or application is based upon the fraud of the defendant or respondent or this agent; or (b) the
knowledge of the right or title on which a suit or application is founded is concealed by the fraud of any
such person as aforesaid; or (c) the suit or application is for relief from the consequences of a mistake; or ·
(d) where any document necessary to establish the right of the plaintiff or applicant has been fraudulently
concealed from him; the period of limitation shall not begin ·to run until the plaintiff or applicant has
discovered the fraud or the mistake or could, with reasonable diligence, have discovered it; or in the case
of a concealed document; until the plaintiff or the applicant first had the means of producing the
concealed document or compelling its production:
Provided that, nothing in this Section shall enable any suit to be instituted or application to be
made to recover or enforce any charge against, or set aside any transaction affecting, any property which
- (i) in the case of fraud, has been purchased for valuable consideration by a person who was not a party I
to the fraud had been committed, or (ii) in the case of mistake, has been purchased for· valuable
consideration subsequently to the transaction in which the mistake was made, by a person who did not
know, or have reason to believe, that the mistake had been made, or (iii) in the· case of a conceafed
document, has been· purchased for valuable consideration by a person who was not a party to the
concealment and, did not at the time of purchase know, or have reason to believe, that the document had
been concealed.
(2) Where a judgment-debtor has, by fraud or force, prevented the execution of a decree or order within
the period of limitation, the Court may, on the application of the judgment-creditor made after the expiry
of the said period extend the period for execution of the decree or order:
Provided that such application is made within one year from the date of the discovery of the fraud or
the cessation of force, as the case may be.

(University Examination Questions)

O. 8 : Write essay type answer on - Computation of limitation under the Indian Limitation Act,
1963 and its extension.
ftfnswer: Sections 12 to 18/ {April, 2008; Oct., 2009; April, 2011; May, 2012; April, 2014; April, 2016)
OR .
O. 9 : Write essay type answer on - Effect of fraud and mistake on limitation. {Answer: Section I 71
{Nov., 2005; April, 2009]

O. IO : Explain the effect of minority, fraud, mistake and suit against Trustees which extend
limitation under the Limitation Act. {Nov., 2013/

S. 18 : Effect of acknowledgement in writing -

(1) Where, before the expiration of the prescribed period for a suit or application in respect of any
property or right, an acknowledgement of liability in respect of such property or right has been made in
writing signed by the party against whom such property or tight is claimed, or by any person through
whom he derives his title or liability, a fresh period of limitation shall be computed from the time when
the acknowledgement was so signed.
(2) Where the writing containing the acknowledgement is undated, oral evidence may be given of the time
when it was signed; but subject to the provisions of the Indian Evidence Act, 187.2, oral evidence of its ·
contents shall not be received.
Explanation - For the purposes of this Section, -
(a) an acknowledgement may be sufficient through it omits to specify the exact nature of the property or
right, or avers that the time for payment delivery, perfonnance or enjoyment has not yet come or is
accompanied by a refusal to pay, deliver, perfonn or pennit to enjoy, or is coupled with a claim to set-off,
or is addressed to a person other than a person entitled to the property or right; (b) the word "signed"
 CPC 109. Author - Prof. Prakash K. Mokal
means signed either personally or by an agent duly authorised in this behalf; and (c) an application for the
execution of a decree or order shall not be deemed to be an application in respect of any property or right.
Summary:
Under Section 18 of the Indian Limitation Act, if any acknowledgement in writing, in respect of any
liability of debt or property is made, signed by the party against whom such property or right is claimed, a
fresh period of limitation shall be computed when such acknowledgement was signed
Case Law: Sampuran Singh vis. Niranjan Kaur, AIR 1999 SC 1047.
S. 19 : Effect of payment on account of debt or of interest on legacy -
,j '
Where payment on account of a debt or of interest on a legacy is made before the expiration of the
prescribed period by the person liable to pay the debt or legacy or by his agent duly authorised in this
behalf, a fresh period of limitation shall be computed from the time when the payment was made:
Provided that, save in the case of payment of interest made before the 1st day of January, 1928, an
acknowledgement of the payment appears in the handwriting of, or in a writing signed by, the person
making the payment.
Explanation - For the purposes of this Section -
(a) where mortgaged land is in the possession of the mortgagee, the receipt of the rent or produce of such
land shall be deemed to be a payment; (b) "debt" does not include money payable under a decree or order
of a Court.
S. 20 : Effect of acknowledgement or payment by another person -
(J) The expression "agent duly authorised in this behalf' in Sections 18 and 19 shall, in the case of a
person under disability, include his lawful guardian, committee or manager or an agent duly authorised by
-such guardian, committee or manager to sign the acknowledgement or make the payment.
(2) Nothing in the said Section render one of several joint contractors, partners, executors or mortgagees
chargeable by reason only of a written acknowledgement signed by, or of a payment made by, or by the
agent of, any other or others of them.
(3) For the purposes of the said Sections, -
(a) an acknowledgement signed or a payment made in respect of any liability. by, or by the duly
authorised agent of, any limited owner of property who is governed by Hindu law, shall be a valid
acknowledgement or payment, as the case may be, against a reversioner succ~eding to such liability; and
(b) where a liability has been incurred by or on behalf of a Hindu undivided family as such, an
acknowledgement or payment made by, or by the duly authorised agent of, the manager of the family for
the time being, shall be deemed to have been made on behalf of the whole family.
S. 21 : Effect of substituting or adding new plaintiff or defendant-:--
(1) Where after the institution of a suit, a new plaintiff or defendant is substituted or added, the suit shall,
as regards him, be deemed to have been instituted when he was so made a party: "
Provided that, where the Court is satisfied that the omission to include a new plaintiff or
defendant, was due to a mistake made in good faith, it may direct that the suit as regards such plaintiff or
defendant, shall be deemed to have been instituted on any earlier date.
(2) Nothing in sub-section (1) shall apply to a case where a party is added or substituted owing to
assignment or devolution of any interest during the pendency of a suit or where a plaintiff is made a
defendant or a defendant is made a plaintiff.

(University Examination Question)

O. 11 : Explain the term "Effect of substituting or adding new plaintiff or new defendant".
O. 12: Effect of the Acknowledgement of liability on the period of limitation?
OR
 110• Author - Pro . Prakash K. MokaL
. . ·: ;:..~ ,~-,?,:~··.f~~l)--?-\'..:'-:::: -~-·-.,. ·
"- ·. · fflseuss the effect of the following on the period of limitation under the Limitation Act :
a) Acknowledgement of liability;
b) Part-payment of a debt.
OR
Explain the term 'Acknowledgement'. What are the requisites of a valid acknowledgement ?
OR
Write essay type answer on - Computation of limitation under the Indian Limitation Act, 1963 and
its extension.
fAnswer : Sections 12 to 15 and state precisely Sections 16 to 21 J[April, 2008; Oct., 2009; April, 2011;
May, 2012; April, 2014; April, 2016]

O. 13 : Write slltort notes on : I

a) Effed of acknowledgement in writing on limitation. [Answer : Section 181. [May,
2007;Nov., 2008; April, 2009; April, 2014; Dec., 2014}
b) Effect of part payment arid acknowledgement on Limitation. Answer : Sections 18 and
19. /April, 2008]
c) Extension of Limitation in money claim. Answer : Section 19. [Nov., 2006}

S. 22 : Continuing breaches and torts -

In the case of a continuing breach of contract· or in the case of a continuing tort, a fresh period of
limitation begins to run at every moment of the time during which the breach or the tort, as the case may
be, continues.
S. 23 : Suits for compensation for acts not actionable without special damage -
In the case of a suit for compensation for an act which does not give rise to a cause of action unless some
specific injury actually results therefrom, the period of limitation shall be computed from the time when
the injury results.
S. 24 : Computation of time mentioned in instruments -
All instruments shali for the purposes of this Act be deemed to _be made with reference to the Gregorian
calendar.
(University Examination Question)
O. 14 : Discuss Limitation in respect of continuing breaches and torts under Section 22 of the Act.
/Nov.,2007]
OR
O. 15 : Write a short note on :
a) "Effect of substituting or adding new plaintiff or new defendant". Answer: Section 21.

PART-IV
ACQUISITION OF OWNERSHIP BY POSSESSION
(Sections 25 - 27)
S. 25 : Acquisition of easement by prescription -
. (1) Where the access and use of light or air to and for any building have been peaceably enjoyed therewjth
as an easement, and as of right, without interruption, and for twenty years, and where any way or
watercourse or the use of any water or any other easement (whether affinnative or negative) has been
peaceably and openly enjoyed by any person claiming title thereto as an easement and as of right without
 CPC 111. Author - Prof. Prakash K. Mokal
interruption and for twenty years, the right to such access and use of light or air, way, watercourse, use of
water, or other easement shall be absolute and indefeasible.
(2) Each of the said periods of twenty years shall be taken to be a period ending within two years next
before the institution of the suit wherein the claim to which such period relates is contested.
(3) Where the property over which a right is claimed under sub-section ( 1) belongs to the .Government,
that sub-section shall be read as if for the words "twenty years" the words "thirty years" were substituted.
Explanation - Nothing is an interruption within the meaning of this Section, unless where there is an
actual discontinuance of the possession or enjoyment by reason of an obstruction by the act of some
person other than the claimant, and unless such obstruction is submitted to or acquiesced in for one year
· after the claimant has notice thereof and of the person making or authorising the same to be made.
Acquisition of rights by prescription :
If a person has used a right of way, water course, light, air over another person's property continuously,
openly, freely, without any threat, as easement for 20 years, then that person's right becomes absolute -
·the owner has to allow him to use that right- he cannot object or obstruct it. ·
S. 26 : Exclusion in favour of reversioner of servient tenement -
Where any land or water upon, over or from, which any easement has been enjoyed or derived has been
held under or by virtue of any interest for life or in terms of years exceeding three years from the granting
thereof, the time of the enjoyment of such easement during the continuance of such interest or term shall
be excluded in the computation of the period of twenty years in case the claim is, within three years next
after the determination of such interest or term, resisted by the person entitled on such determination to
the said land or water.
S. 27 : Extinguishment of right to property -
At the determination of the period hereby limited to any person for instituting a suit for possession of any
property, his right to such property shall be extinguished.
Law of adverse possession :
Section 27 of the Indian Limitation Act, 1963 - On expiry of period of limitation to file suit for recovery
of movable property, the suit shall be dismissed. This rule takes away the right over property and not just
remedy, the trespasser becomes owner.
Rule based on the maxim "Law supports the diligent and not indolent", because, after a lapse of long time
(i.e. 12 years in case of immovable property), the evidence may be lost, the witnesses may not be found,
etc.
Thus, under Section 27 of the Indian Limitation Act, 1963, at the expiry of period of limitation, the owner
loses the right to such property - 3 years in case of movable property, and 12 years in case of immovable
property, if owner does not file Suit to recover property from trespasser, then trespasser becomes owner
by adverse possession - Adverse possession must be actual, physical, continuous - Adverse means
unauthorized - manager, tenant or family member cannot claim it - Law of limitation bars the remedy of
Suit, Appeal or Application, but this Section extinguishes the right over the property.
Creation of ownership by adverse possession :
Expl~in the period of filing the suit for possession, if the title is challenged.
Essential ingredients to be explained -
i) Person in possession should not have any title or right.
ii) He should be in possession challenging the ownership of real owner.
iii) Such challenge and possession ~hould be to the knowledge of the real owner.
iv) Possession should be uninterrupted .
. v) No suit or objection should have raised by the real owner.
There has to be decree of the Court to declare the ownership by adverse possession.
What is purpose behind ownership by adverse possession.
 112. Author - Prot Prakash K. MokaL

(University Examination Questions)

O. 16 : Write essay type answer on - Acquisition of rights by prescription.
OR
Write essay type answer on - Creation of ownership by adverse possession under the
Limitation Act.
OR
Explain the concept of acquisition of ownership by possession under the Limitation Act.
OR
Write essay type answer on - Acquisition of right by prescription and creation of ownership
by adv1erse possession under the Limitation Act.
[May, .W07; Nov., 2008; Oct., 2009; April, 2010; Nov., 2010; May, 2012; Nov., 2012; Dec.,
2014; Nov., 2015/ Answer: Sections 25 to 27.
OR
Write short notes on :
a) Acquisition of right by prescription. Answer : Section 25.
/Nov., 2012; Nov., 2013; April, 2016/
b) Law of adverse possession. [Answer: Sec_tion 271 {Nov., 2007; Nov., 2011; April, 2013/

PART-V
MESCELLANEOUS
(Sections 28 - 32)
S. 28: Amendment of certain Acts - [Repealed by the Repealing and Amending Act, 1974 (56 of 1974),
Section 2 and First Schedule]
S. 29 : Savings -
(l) Nothing in this Act shall affect Section 25 of the Indian Contract Act, 1872.
(2) Where any special or local law prescribes for any suit, appeal or application a period of limitation
different from the period prescribed by the Schedule, the provisions of Section 3 shall apply as if such
period were the period prescribed by the Schedule and for the purpose of determining any period of
limitation prescribed for any suit, appeal or application by any special or local law, the provisions
contained in Sections 4 to 24 (inclusive) shall apply, only in so far as, and to the extent to which, they are
not expressly excluded by such special or local law.
(3) Save as otherwise provided in any law for the time being in force with respect to marriage and
divorce, nothing in this Act shall apply to any suit or other proceeding under any such law.
(4) Sections 25 and 26 and the definition of "easement" in Section 2 shall not apply to cases arising in the
territories to which the Indian Easements Act, I 882, may for the time being extend.
S. 30 : Provision for suits, etc., for which the prescribed period is shorter than the period prescribed
by the Indian Limitation Act, 1908. -
Notwithstanding anything contained in this Act, -
(a) any suit for which the period ·of limitation is shorter than the period of limitation prescribed by. the
Indian Limitation Act, I908, may be instituted within a period of seven years next after the
commencement of this Act, or within the period prescribed for such suit by the Indian Limitation Act,
1908, whichever period expires earlier:

..............,..,.,,,,..,....,_....,,.,-,--,-,:,...~~~~~~~...,.-_,.,...~,-...,,,,.-,--.-,.,.-_......,...~~~~,._,,.,.,.~~~""""""""~--~~
.
 CPC 113. . Author - Pro£ Pralcash k. Molcal.
Provided that, if in respect of any such suit, the said period of seven years expires earlier than the
. period of limitation prescribed therefor under the Indian limitation Act, 1908, and the said period of seven
years together with so much of the period of limitation in respect of such suit under the lndian Limitation
Act, 1908, as has already expired before the commencement of this Act, is shorter than the period
prescribed for such suit under this Act, then, the suit may be instituted within the period of limitation
prescribed therefor under this Act;
.(b) any appeal or application for which the period of limitation is shorter than the period of limitation
prescribed by the Indian Limitation Act, 1908, may be preferred or made within a period of ninety days
. next after the commencement of this Act or within the period prescribed for such appeal or application by
the Indian Limitation Act, 1908, whichever period expires earlier.
S. 31 : Provisions as to barred or pending suits, etc. -
Nothing in this Act shall-
(a) enable any suit, appeal or application to be instituted, preferred or made, for which the period of
limitation prescribed by the Indian Limitation Act, 1908, expired before the commencement of this Act;
or (b) affect any suit, appeal or application instituted, preferred or made before, and pending at, such
commencement.
S. 32 : Repeal -
[Repealed by the Repealing and Amending Act, 1974 (56 of 1974), Section 2 and First Schedule.]

THE SCHEDULE
"PERIODS OF LIMITATION"

FIRST DIVISION - "SUITS";

SECOND DMSION - "APPEALS";
THIERD DMSION - "APPLICATIONS".
FIRST DIVISION -SUITS
PART; I
"SUITS RELATING TO ACCOUNTS"
In this Part, 5 types of suits relating to accounts are given, for which the period of llmttatlott II ·j ye.n.

PART: II
"SUITS RELATING TO CONTRACTS"
In this Part 5 types of suits relating to contracts are given, for which the period of ltinltatlon ls 3 years.
PART: III
"SUITS RELATING TO DECLARATIONS"
In this Part, 3 types of suits relating to declarations are given, for which the period ot 1lmltatlon (1 3
PART: IV
"SUITS RELATING TO DECREES AND INSTRUMENTS"
In ·this Part, 2 types of suits relating to decrees and instruments are given, for which the period of
llmltatlon ls 3 yean.
PART: V
"SUITS RELATING TO tMMOVABLE PROPERTY"
In this Part, 7 types of suits relating to immovable property are given, for which the period of limitation is
as under-
 114. Author - Pro . Prakash K. MokaL
A) Suit by a mortgagor -
i) to redeem or recover possession of immovable property mortgaged, the period of limitation is 30
yean.
ii) to recover surplus collections received by the mortgagee after the mortgage has been satisfied, the
period of limitation is 3 years. ·
8) Suit by mortgagee -
For foreclosure, the period of limitation is 30 years.
C) Any other suit by mortgagor or mortgagee -
the period of lillDitation is 12 years.
PART: VI
"SUITS RELATING TO MOVABLE PROPERTY"
In this Part, 4 types of suits relating to movable property are given, for which the period of limitation is
3 years.
PART: VII
, "SUITS RELATING TO TORT"
In this Part, 7 types of suits relating to immovable property instruments are given, for which the period of
limitation is as under -
A) For compensation -
a) for doing or for omitting to do an act in pursuance of any enactment, in any territory to which this
Act extends;
b) for false imprisonment;
c) for malicious prosecution;
d) for libel;
e) for slander;
f) for loss of service occasioned by the seduction of the plaintiff's servant or daughter;
g) for inducing a person to break a contract with the plaintiff;
b) for an illegal, irregular or excessive distress;
i) for wrongful seizure of movable property under legal process, -
the period of limitation is I year.
B) For compensation -
j) for obstructing a way or a water-course;
k) for diverting a water-course;
I) for trespass upon immovable property;
m) for infringing copyright or any other exclusive privilege;
n) for injury caused by an injunction wrongfolly obtained;
o) for wrongfully taking or detaining any specific movable property lost, or acquired by theft, or
. dishonest misappropriation or conversion; ·
p) for wrongfully taking or injuring or wrongfully detaining any other specific movable property, -
the period of limitation is 3 years .
.C) Suit by executors, administrators or representatives under the Legal Representatives' Suits Act, 1855,
the period of limitation is I year.
D) Suitby-
i) executors, administrators or representatives under the Indian Fatal Accident's Act, 1855;
ii) Suit under the Legal Representatives' Suits Act, 1855 against an executor, an administrator or apy
other representative;
iii) Suit against one who, having a right to use property for specific purposes, perverts it to other purposes,
the period of limitation is 2 years. ·
PART: VIII
"SUITS RELATING TO TRUSTS AND TRUST PROPERTY"
 CPC 115. Author - Prof; Prakash K. Mo/caL
In this Part, 5 types of suits relating to trusts and trust property are given, for which the period of
limitation is as under -
A) Suit-
t. to recover possession of immovable property of the trust, transferred by trustee for a valuable
consideration;
2. to set aside a transfer of immovable property of a Hindu, Muslim, Buddhist religious or charitable
endowment, made by a manager of the endowment for a valuable consideration;
3. by the manager of a Hindu, Muslim, Buddhist religious or charitable endowment, to recover
possession of movable or immovable property of the endowment which has been transferred by a
previous manager for valuable consideration.
the period of limitation is 12 years.
B) Suit-
1. to recover possession of movable property of the trust, transferred by trustee for a valuable
consideration;
2. to set aside a transfer of movable property of a Hindu, Muslim, Buddhist religious or charitable
endowment, made by a manager of the endowment for a valuable consideration.
the period of limitation is 3 years.

PART: IX
"SUITS RELATING TO MISCELLANEOUS MATTERS"
In this· Part, 16 types of suits relating to miscellaneous matters are given, for which the period of
limitation is as under -
A) Suit-
t. to enforce a right of pre-emption;
2. by a person who is required to establish a claim to the property as per the order referred to in Rule
63 Order XXI of C.P.C.
3. to set aside a sale by a Civil or Revenue Court for any money recoverable as such arrears.
4. to set aside any order of a Civil Court in any proceeding (other than order of an officer of
Government in his official capacity)
the period of limitation is 1 year.
B) Suit-
t. upon a judgment including a foreign judgment;
2. for property which the plaintiff has conveyed/transferred while insane;
3. to recover the loss due to breach of trust by the deceased trustee;
4. to establish a periodically recurring right;
5. by a Hindu for arrears of maintenance.
the period of limitation is 3 years.
C) Suit-
t. for legacy or for a share of a residue bequeathed by a testator or for a distributive share of the property
of an intestate against an executor or an administrator or some other person legally charged with the
duty of distributing the estate.
2. for possession of a hereditary office;
3. for declaration of an alienation to be void of land made by the Hindu or Muslim female died at the date
of the institution of the suit;
4. by a Hindu governed by Mitakshara law to set aside his father's alienation of ancestral property.
S. by a person excluded from a joint family property to enforce a right to share therein.
the period of limitation is 12 years.
D) Suit-
t. by or on behalf of any local authority for possession of any public street or road or any part thereof
from which it has been dispossessed;
 116. Author - Pro • Prakash K. MokaL
?; by ot on behalf of the Central Government or any State Government, including the State of Jammu
and Kashmir.
the period or Hmltatfon Is 30 years.

PART: X
"SUit FOR WHICH THERE IS NO PRESCRIBED PERIOD"
Any suit for which no period of limitation is provided elsewhere in this Schedule,
the period of Umlt:atlon Is 3 yean.

SECOND DIVISION -APPEALS

In this Division, 4 types of appeals are given for which the period of limitation is as under -
I.Appeal from an order of acquittal under sub-section (I) or (2) of Section 417 of Cr.P.C.
the period of limitation Is 90 days.
2.Appeal from an order of acquittal under sub-section (3) of Section 417 of Cr.P.C.
the period of limitation is 30 days.
3.Appeal under the Cr.P.C., 1898, from a sentnence of death passed by a Court of Session or by the
High Court in the exercise of its original criminal jurisdiction.
the period of limitation Is 30 days.
4.Appeal from any other sentence or any order not being an order of acquittal -
a) to a High Court from any decree or order.
the period of llmltatfon ls 90 days.
b) to any other Court from any decree or order.
the period of limitation is 30 days.
5.From a decree or order of any High Court to the same Court.
the period of limitation ls 30 days.

THIRD DIVISION -APPLICATIONS

PART: I
APPLICATIONS IN SPECIFIED CASES
In this Part, 19 applications are given for which period of limitation is as under -
1. For leave to appear and defend a suit under summary procedure= 10 days.
2. Under the Arbitration Act, 1940 -.
a) for the filing in Court of an award= 30 days;
b) for setting aside an award or getting an award remitted for reconsideration= 30 days.
3. To restore a suit or appeal or application for review or revision dismissed for default of appearance =
30 days.
4. To set aside a decree passed ex-parte or to re-hear an appeal decreed or heard ex-parte. = 30 days.
5. For a review of judgement by a Court other than the Supreme Court= 30 days.
6. To record an adjustment or satisfaction of a decree. = 30 days.
7. For the payment of the amount of a decree by installments.= 30 days.
8. For possession by one dispossessed of immovable property and disputing the right of the decree
holder or purchaser at a sale in execution of a decree. = 30 days.
9. For possession after removing obstruction to delivery of possession of i~ovable property decreed or
sold in execution of a decree. = 30 days.
10. Under C.P.C. for an order to set aside an abatement.= 60 days.
11. To set aside a sale in execution of a decree, including any such application by a judgment-debtor. =
60days.
12. For leave to appeal as a pauper-
a) to the High Court.= 60 days.
b) to any other Court. = 30 days.
 CPC 117. Author - Prof. Prakash K. Mokal
O I 4 ;

13. To the High Court for a certificate of fitness to appeal to the Supreme Court. = 60 days.
14. To the Supreme Court for special leave to appeal -
a) in a case involving death sentence. = 60 days.
b) in a case where leave to appeal was refused by the High Court. = 60 days.
c) in any other case. = 90 days.
15. Under the C.P.C. to have the legal representative of a deceased plaintiff or appellant or of a deceased
defendant, made a party = 90 days.
16. To any Court for tlte exercise of its powers of revision under the C.P.C., 1908 or tl1e Cr.P.C., 1898. =
90 ~ays.
17. For delivery of possession by a purchaser of immovable property at a sale in execution of a decree.=
1 year.
18. For the enforcement of a decree _granting a mandatory injunction. = 3 years. I
19. For the execution of any decree or order of any Civil Court. = 12 years.

PART: II
OTHER APPLICATIONS
Any other application for which no period of limitation is provided elsewhere in this division. = 3 years.

06jective Q¥estions
on
Tpe Code of Civil Proce~ure, 1998
'With SoCutions
. [All the Questions given below, are important for All India Bar Exam. (AIBE.).
And
Judicial Magistrate First Class Examination (J.M.F.C. Exam.).

1. ·According to Section 2 (1) "Code" includes -

a) illustrations.
b) rules.
c) amendments.
d) explanations.
I
2. Decree according to Section 2 (2) means -
a) formal expression of an adjudication.
b) informal expression of an adjudication.
c) formal expres_sion of an adjudication, but shall not include any adjudication from which an
appeal lies as an appeal from an order.
d) all the above.
3. A decree can be -
a) preliminary.
b) final.
 118. Author - Pro . Prakash K. Mokal
..
c) either preliminary or final.
d) only final and not preliminary.
4. Preliminary decree can be passed in a suit-
a) for partition.
b) of partnership.
c) for possession and mesne profits.
d) all the above.
S. Preliminary decree is one -
a) which determines the rights of the parties with regard to some or one of the matters in
controversy in the suit, but does not finally dispose of the suit.
b) which determines the rights of the parties with regard to some or one of the matters in
controversy in the suit, which may have the effect of final disposal of the suit.
c) both a) and b).
d) neither a) nor b).
6. A decree becomes final -
a) when it conclusively determines the rights of the parties.
b) when no appeal has been preferred against the decree.
c) both a) and b).
d) neither a) nor b).
7. Which of the following is not a decree ?
a) dismissal in default.
b) rejection of a plaint.
. c) both a) and b).
d) neither a) nor b).
8. Order has been defined as a formal expression of any decision of a Civil Court which is not a
decree, under -
a) Section 2 (1) of C.P.C.
b) Section 2 (14) C.P.C.
c) Section 2 (9) of C.P.C.
d) Section 2 (16) of C.P.C.
9. A decree holder has been defined as a person in whose favour a decree has been passed or an
order capable of execution has been made, under -
a) Section 2 (3) of C.P.C.
b) Section 2 (13) of C.P.C.
c) Section 2 (4) of C.P.C.
i; d) Section 2 (16) of C.P.C.
l 10. A decree holder -
: 'i a) need not be a party to the suit.
b) the term is not confined to plaintiff.
c) both a) and b).
d) neither a) nor b).
11. Foreign Court under Section 2 {S) of C.P.C. means-
a) a Court situated outside India.
b) a Court situated outside India and not established under the authority of Government of India.
c) a Court situated in India applying foreign law.
d) all the above.
12. Judgment under S. 2 (9) means -
 CPC 119. Author - Prof; Prakash K. MokaL .
a) a decree.
b) dismissal of an appeal summarily.
c) statement of grounds of an order or decree.
d) all the above.
13. Legal Representative under S. 2 (11) of C.P .C. means a person who is a -
a) relative of parties to the suit.
b) co-sharer of the benefits assuming to the parties to the suit.
c) who in law represents the estate of the deceased.
d) all the above.
14.. 'A' dies leaving behind a son 'X' and a married daughter 'Y'. A suit was filed by 'A'. After his death,
a suit can be continued by -
a) 'X' alone as legal representative.
b) 'Y' alone as legal representative.
c) 'X', 'Y' and the husband of 'Y' as legal representatives.
d) 'X' and 'Y' both, as legal representatives.
15. Ajudgment contains -
a) concise statement of the case.
b) the points for determination.
c) the decision on the points of determination and the reason thereof.
d) all the above.
16. Who amongst the following is not a legal representative ?
a) a trespasser.
b) an intermeddler.
c) a creditor.
d) both a) and c).
17. 'Mesne profits' as defined under Section 2 (12) means-
a) those profits, which the person in wrongful possession of such property, actually received or
might have received together with interest.
b) those profits, which the person in wrongful possession of property, actually received including
profits due to improvements made by such person.
c) those profits, which the person in wrongful possession of such property actually received or
might have received but without any interest on such profits.
d) those profits, which the person in wrongful possession of such property, actually received.
18. Foreign judgment as defined under Section 2 (6) of C.P.C. means-
a) judgment given by an Indian Court in respect of foreigners.
b) judgment given by foreign Court.
c) both a) and b).
d) neither a) hor b).
19. Who amongst the followlng Is not a 'public officer' within the meaning of Section 2 {17) of C.P.C..?
a) a Judge.
•b) a person in service under the pay of Government:
c) Sarpanch of a Gram Panchayat.
d) none of the above.
20. ·easls of distribution of the Jurisdiction of Indian Courts Is -
a) pecuniary jurisdiction.
b) territorial jurisdiction.
c) subject-matter jurisdiction.

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A+,u¥<Q. I¼., 1 ,,J.i,c;.
 20.
d) all tbe above.
21. Court of Small Causes, under Section 3 of C.P.C. is subordinate to -
a) District Court.
b) High Court.
c) both aLand b}.
d) neither a) nor b).
22. Pecuniary jurisdiction of the Court has been dealt with in -
a) Section 3 of C.P.C.
b) Section 4 of C.P.C.
c) Section 5 of C.P.C.
d) Section 6 of C.P.C.
23. Courts have jurisdiction to try all suits of a civil nature excepting suits, the cognizance of which is
either expressly or impliedly barred, by virtue of -
a) Section 8 of C.P.C.
b) Section 9 df C.P.C.
c) Section 10 of C.P.C.
d) Section 11 of C.P.C.
24. Which of the following is a right of civil nature 7
a) right to worship in a temple.
b) right to share in offerings in a temple.
c) right to take out procession.
d) all the above.
25. Which of the following is not a right of a civil nature ?
a) right to caste and religion.
b) right to servic(;?s which are honorary and gratuitous.
c) brij jijmam rights.
d) both, a), and b}.
26. Jurisdiction of civil right can be barred -
a) expressly only.
b) impliedly only.
c) either expressly or impliedly.
d} neither expressly nor impliedly.
27. Principle of res-subjudice is contained in -
a) Section 10 of C.P.C.
b) Section 11 of C.P.C.
c) Section 13 of C.P .C.
d) Section 14 of C.P .C ..
28. Dhulabhal v/s. State of Madhya Pradesh and another, AIR 1969 SC 78 lavs down certain principles
regarding the exclusion of jurisdiction of Civil Courts. Which of the followtn1 Is not a principle laid_
down?
a) where a statute gives a finality to the orders of the special tribunals, the Civil Courts -
jurisdiction must be held to be excluded if there is adequate remedy to do what the Civil Court
would normally do in a suit.
b) where there is an express bar of jurisdiction of the Court, an examination of the scheme of the
particular Act to find out the adequacy or sufficiency of the remedies provided may be relevant
but is not decisive to sustain the jurisdiction of the Civil Court.
CPC 121. Author - Pro& Prakash K. Mo!£el.
;

c) questions as to the correctness of the assessment apart from its constitutionality. are the
decisions of the authorities and a civil suit lies even if the orders of the authorities are declared
to be final.
d) none of the above.
29, ·Under Section 10 of c.p.c., a suit is liable to be-
a) stayed.
b) dismissed.
c) rejected.
d) either a) or b} or c). .
~o. For the application of the principle of res-subjudice, which of the following is essential ?
a) suits between the same parties or litigating under the same title.
b) the two suits must be pending disposal in a Court.
c) the matters in issue in the two suits must be directly and substantially the same.
d) all the above.
31. Section 10 of C.P.C. does not apply-
a) when the previous suit is pending in the same Court.
b) when the previous suit is pending in a foreign Court.
c) when the previous suit is pending in any other Court in India. .
d) when the previous suit is pending in a Court outside India establis~ed by the Central
Government.
32. Under the principle of res-subjudice -
a) the second suit has to be stayed.
b) the previous suit has to be stayed.
c) either a) orb) depending on the facts and circumstances of the case.
d) either a) orb) depending on the valuation of the suit for the purposes of jurisdiction.
33. Provisions of Section 10 of C.P.C. are-
a) directory.
b) mandatory.
c) non mandatory.
d) discretionary.
34. Section 10 can come into operation -
a) before filing of written statement in the subsequent suit.
b) before settlement of issues fn subsequent suit.
c) after settlement of issues in subsequent suit.
d) all the above. ,
35. Doctrine of res-Jud/cata as contained In Section 11 of C.P.C. is based on the maxim-
a) Nemo debet bis vexari pro uno eteadem causa.
b) Interest repub/icae ut sit finis litium.
c) both a) and b).
d) either a) orb).
36. Principle of res-Judlcata applies -
a) between co-defendants.
b) between co-plaintiffs.
c) both al and bl.
d) neither a) nor b).
37. Which of the following Is not true of res-Judicata ?
a) it can be invoked in a separate subsequent proceedings.
 122. Author - Pro . Prakash K. MokaL
b) it can be invoked at a subsequent stage in the same proceedings.
c) it can be invoked at a subsequent stage in the same proceedings but only in a separate
subsequent proceedings.
d) both b) and c).
38. As regards res-judicata, it has been stated that the right of an individual is to be protected from
multiplication of suits and prosecution at the instance of an opponent whose superior resources
and power unless curbed, may render futile judicially declared right and innocence, by -
a) Spences Bower.
b) Lord Denning.
c) Salmond.
d) Black Stone.
39. Res-judicata applies -
a) when the matter in former suit is directly and substantially in issue.
b) when the matter in former suit is collaterally and incidentally in issue.
c) both a) and b).
d) neither a) nor b).
40. Res-judicata applies -
a) when the matter is directly and substantially in issue in two suits and should have been
decided on merits.
b) when the prior suit is between the same parties or persons claiming under them and litigating
under the same title.
c) when the Court which determined the earlier suit is competent to try the subsequent suit
wherein the issue is subsequently raised.
d) when all al, b) and c) combine.
41. Plea of res-judicata -
a) has to be specifically raised.
b) need not be specifically raised.
c) is for the Court to see of its own.
d) neither a) nor b) but only c).
42. Constructive res-Judicata is contained in -
a) explanation Ill to Section 11.
b) explanation IV to Section 11.
c) explanation VI to Section 11.
d) explanation VII to Section 11.
43. Principle of res-judicata applies -
a) to suits only.
b) to execution proceedings.
c) to arbitration proceedings.
d) to suits as well as execution proceedings.
44. A decision on Issue of law -
a) shall always operate as res-judicata.
b) shall never operate as res-judicata.
c) may or may not operate as res-iudicata.
d) either a) orb).
45. A decision on an issue of law operates as res Judlcata -
a) if the cause of action in the subsequent suit is the same as in the former suit, only when the
decision on the point of law is correct.
CPC 123. Author - Prof. Prakash K. Mo/cal
b) if the cause of action in the subsequent suit is the same as in the former suit, even though the
decision on the point of law is erroneous.
c) if the cause of action in the subsequent suit is different from that in the former suit, even
though the decision on the point of law is correct.
d) all the above.
46. A decision in a suit may operate as res-judicata against persons not expressly named as parties to
the suit by virtue of explanation -
a) II to Section 11 of C.P.C.
b) IV to Section 11 of C.P.C.
c) VI to Section 11 of C.P.C.
d) VIII to Section 11 of C.P.C.
47. Res judicata does not operate -
a) between co-defendants.
b) between co-plaintiffs.
c) against a per-forma defendant.
d) none of the above.
48. In which of the following cases res-judicata is not applicable ?
a) consent/compromise decree.
b) dismissal in default.
c) both a) and b).
d) neither a) nor b).
49. Principle of res-judicata is -
a) mandatory.
b) directory.
c) discretionary.
d) all the above.
SO. With respect to the principle of res judicata which of the following is not correct ?
a) ex-parte decree will operate as res-judicata.
b) writ petition dismissed on merits operates as res-judicata.
c) writ petition dismissed in limine operate as res-iudicata.
d) both a) and c).
51. In a suit, where the doctrine of res-judicata applies, the suit is liable to be -
a) stayed.
b) dismissed.
c) may be stayed and may be dismissed.
d) both a) and c).
52. A decision or finding given by a Court or a Tribunal without jurisdiction -
a) can operate as res-judicata under all circumstances.
b) cannot operate as res-iudicata.
c) can operate as res-judicata under certain circumstances only.
d) may operate as res-judicata or may not operate as res-judicata.
53. On production of a certified copy of the foreign judgment, the presumption as to the competency
of the Court, under Section 14 of C.P.C. Is a -
a) presumption of fact.
b) presumption of fact and law, both.
c) rebuttable presumption of law.
d) irrebuttable presumption of law.
~
:·
,.,:,/,..· ' 124. Author - Prof. Prakash K. Mokal.
'ft· ..
54.. Validity of a foreign judgment can be challenged under Section 13 of C.P.C. -
,..,.
i:
a) in a Civil Court only .
b) in a Criminal Court only.
c) in both, Civil and Criminal Court.
d) neither in Civil, nor in Criminal Court.
55. Under Section 13 of C.P.C., a foreign judgment can be challen1ed on the 1rounds of-
a) competency of the Court pronouncing the judgment.
b) being obtained by fraud.
c) sustaining a claim founded on a breach of law in force in India.
d) all the above.
56. How many grounds of attack the foreign judgment have been provided under Section 13 of C.P.c.
?
a) seven.
b) six.
c) five.
d) four.
57. On the ground of jurisdiction, under Section 13 of C.P.C. -
a) only a judgment in personam, can be challenged.
b) only a judgment in rem can be challenged.
c) both, judgment in personam, and judgment in rem, can be challenged.
d) neither a judgment in personam, nor judgment in rem can be challenged.
58. A person who institutes a suit in foreign Court and claims a decree in personam, after the
judgment is pronounced against him -
a) can always challenge the judgment on the ground of competency.
b) can never challenge the judgment on the ground of competency.
c) can challenge the judgment on the ground of competency under certain circumstances.
d) either a) or c).
59. Under Section 15 of C.P.C., every suit shall be instituted In-
a) the District Court.
b) the Court of the lowest grade.
c) the Court of the highest grade.
d) all the above.
60. Section 15 of C.P .C. lays down -
a) a rule of procedure.
b) a rule of jurisdiction.
c) a rule of evidence.
d) all the above.
61. Under 5. 16 of C.P.C., a suit relating to immovable property can be flied In a Court within· whose
local jurisdiction -
a) the property is situate.
b) the defendant voluntarily resides or personally works for gain.
c) the·defendant voluntarily resides or carries on business.
d) either a), b) or c).
62. Suit In respect of immovable property, where the entire relief sought, can be obtalne~ through
the personal obedience of the defendant, can be Instituted In a Court within wliose local
jurisdiction -
a) the property is situate.
CPC 125. Author - Prof. Prakash K. Mo/cal
b) the defendant voluntarily resides or carries on business. .
c) the defendant voluntarily resides or personally works for gain.
d) all the above.
63. Place of Institution of suit In respect of immovable property, situated within the Jurisdiction of
dlffer~nt Courts, has been provided under -
a) Se~tion 17 of C.P.C.
b) Section 18 of C.P.C.
c) Section 19 of C.P.C.
d) Section 20 of C.P.C.
64. Section 18 of C.P.C. provides for -
a) place of institution of suit in respect of immovable property where the property is situate in
the jurisdiction of one Court.
b) place of institution of suit in respect of immovable property where the property is situate in
the jurisdiction of different Courts.
c) place of. institution of suit in respect of immovable. property where the local liniits of
jurisdiction Courts are uncertain.
d) all the above.
6S. Place of suing in respect of suits for compensation for wrongs to persons or movable property has
been dealt with under -
a) Section 18 of C.P.C.
b) Section 19 of C.P.C.
c) Section 20 of C.P.C.
d) Section 21 of C.P.C.
66. A suit for compensation for wrong done to the person or to movable property, where the wrong
was done within the local jurisdiction of one Court and the defendant resides within the local
jurisdiction of another Court -
a) can be instituted in the Court within whose local jurisdiction the wrong has been committed.
b) can be instituted In the Court within whose local iurisdiction the defendant resides.
c) either a) or b) at the option of the plaintiff.
d) anywhere in India.
67. 'X' residing In Delhi, publishes statements defamatory to 'Y' In Calcutta. 'Y' can sue 'X' at -
a) Delhi.
b) Calcutta.
·c) anywhere in India.
d) either in Delhi, or in Calcutta.
68. Suits under Section 20 of C.P.C. can be Instituted where the cause of action arises-
a) wholly.
b) partly.
c) either wholly, or In part.
d) only a) and not b) or c).
69~ In cases, where there are more than one defendant, a suit can be Instituted In a Court within
whose local Jurisdiction -
a) each of the defendant at the time of commencement of the suit, actually and voluntarily
resides, or carries on business or personally works for gain.
b) any of the defendant, at the time of commencement of the suit, actually and voluntarily
resides, or carries on business or personally works for gain and the defendant(s) not so residing,
etc. acqulsce.

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.€PC 126. Author - Prot Prakash K. MokaL
c) both, a), and b) are correct.
d) only a) and not b).
70. A suit for damages for breach of contract can be filed, at a place -
a) where the contract was made.
b) where the contract was to be performed or breach occurred.
c) anywhere in India.
d) both a) and b).
71. A suit relating to partnership may be instituted at a place -
a) where the partnership was constituted.
b) where the partnership business was carried on.
c) where partnership accounts are maintained.
d) all the above.
72. A suit relating to partnership dissolved in a foreign country, can be filed at a place -
a) in foreign country.
b) where the parties to the suit reside in India.
c) both, a), and b).
d) all over India.
73. Objection as to the place of suing -
a-) can only be taken before the Court of first instance at the earliest possible opportunity.
b) can be taken before the appellate Court for the first time.
c) can be taken before the Court of revision for the first time.
d) all the above.
74. Section 21 of C.P.C. cures-
a) want of subject-matter jurisdiction.
b) want of pecuniary jurisdiction.
c) want of territorial jurisdiction.
d) both, b) and c).
75. A suit to set aside a decree on the ground of lack of territorial jurisdiction, is barred under -
a) Section 21 of C.P.C.
b) Section 21-A of C.P.C.
c) Section 22 of C.P.C.
d) Section 23 of C.P.C.
76. Parties by their consent/agreement -
a) can confer jurisdiction on a Court where there is none in law.
b) can oust the jurisdiction of the Court where there is one in law.
c) can oust the jurisdiction of one of the Courts when there are two Courts simultaneously having
jurisdiction in law.
d) all the above.
77. Section 20 of C.P.C. does not apply to -
a) arbitration proceedings.
b) civil proceedings.
c) both, a), and b).
d) neither a), nor b).
78. Agreement between the parties to institute the suit relating to disputes in a particular Court -
a) does not oust the jurisdiction of other Courts.
b) may c,perate as estoppel between the parties.
c) both, a), and b).
CPC 127. Author - Prof. Prakash IL MokaL
d) neither a) nor b).
79. In cases of the commercial contracts between parties of two different countries, the jurisdiction of
the Court shall be governed by -
a) lex loci contractors.
b) lex loci solutions.
c) /es situs.
d) rule of freedom of choice i.e. intention of the parties.
80. A corporation, under Section 20 of C.P.C., is deemed to carry on business at-
a) its principal office in India.
b) its subordinate office in India.
c) both, a), and b).
d) either a), orb). ....
81. In case of a cause of action arising at a place where a corporation has a subordinate office, a
corporation is deemed to carry on business -
a) at its principal office in India.
b) at its subordinate office where the cause of action did arise.
c) both, a), and b).
d) either a) orb).
82. In every plaint, under Section 26 of C.P.C., facts should be proved by-
a) oral evidence.
b) affidavit.
c) document.
d) oral evidence, as well as, document.
83. According to Section 27 of C.P.C., summons to the defendant to be served 1>n such date not
beyond-
a) 30 days from the date of institution of suit.
b) 60 days from the date of institution of suit.
c) 45 days from the date of institution of suit.
d) 90 days from the date of institution of suit.
84. The Court may impose a fine for default upon a person required to give evidence or to produce
documents directed under Section 30 (b) of C.P.C., and such fine as per Section 32 (c) not to exceed

a) Rs. 500/-.
b) Rs. 1,000/-.
· c) Rs. 5,000/-.
d) Rs. 10,000/-.
85. Under S. 39 (4) of C.P.C., the Court passing the decree is-
a) authorized to execute such decree against any person outside the local limits of its jurisdiction.
b) authorized to execute such decree against any property outside the local limits of its
jurisdiction.
c) either a), orb).
d) neither a), nor b).
86. A private transfer or delivery of the property attached under Section 64 (2) of C.P .c. shall not be
void if-
a) made in pursuance of any contract for such transfer or delivery entered into and registered
before the attachment.
CPC 128. Author - Prof. Prakash K. Mokal
b) made in pursuance of any contract for such transfer or delivery entered into and registered
after the attachment.
c) made in pursuance of any contract for such transfer or delivery entered into before the
attachment, but registered after the attachment.
d) either a), or b), or c).
87. The Court under Section 89 (1) of C.P.C. can refer the dispute for -
a) arbitration or conciliation.
b) conciliation or mediation.
c) mediation or Lok-Adalat.
d) arbitration or conciliation or Lok-Adalat or mediation.
88. The Court can award compensation against plaintiff under Section 95 of C.P .C., not exceeding -
a) Rs. 10,000/- or the limits of its.pecuniary jurisdiction, whichever is less.
b) Rs. 10,000/- or the limits of its pecuniary jurisdiction, whichever is more.
c) Rs. 50,000/- and this amount not to exceed the limits of its pecuniary jurisdiction.
d) Rs. 50,000/- and this amount to exceed the limits of its pecuniary jurisdiction, whichever is
more.
89. Under Section 100-A of C.P.C., where any appeal from an original or appellate decree or order Is
heard and decided by a single judge of a High Court -
a) no further appeal shall lie .from the judgment and decree of such single judge.
b) further appeal shall lie under the Letters Patent for the High Court.
c) further appeal shall lie with the leave of the Supreme Court.
d) further shall lie before the Division Bench of the High Court.
90. Second appeal shall not lie from any decree, as provided under Section 102 ·of C.P.C. when the
matter of the original suit Is for recovery of money not exceeding -
a) Rs. 10,000/-.
b) Rs. 25,000/-.
c) Rs. 50,000/-.
. .•
d) Rs. 1,00,000/-.
91. A revision under Section 115 shall not operate as a stay of suit or other proceeding before the
Court except where such su_lt or other proceeding Is stayed by -
a) High Court.
b) Supreme Court.
c) Appellate Court.
dj District and Sessions Court.
92. The Court can enlarge the time under Section 148 of C,ii»,C, for doln1 any act prescribed or allowed
under the Code of Clvll Procedure, not exceedln1 In total -
a) 90 days.
b) 60 days.
c) 45 days.
d) 30 days.
93. Under Order IV, Rule 1, sub-rule (1) of C.P.C., a suit Is Instituted when -
a) a plaint is presented to the Court.
b) a plaint in duplicate is presented to the Court.
c) a plaint in triplicate is presented to the Court.
d) either a), orb), or c).
94. A defendant under Order V, Rule 1 (1) of C.P.C. Is required to appear, answer the clalm and flle the
written statement -
. CPC 129. Author- Prof; Prakash K,. MokaL
a) within 60 days from the date of service of summons.
b) within 45 days from the date of service of summons.
c) within 30 days from the date of service of summons.
d) within 90 days from the date of service of summons.
95. In case of failure of filing the written statement within 30 days, the defendant can be allowed to
file the same on such other day specified by the Court for reasons recorded in writing -
a) within 90 days from the date of service of summons.
b) within 120 days from the date of service of summons.
c) within 60 days from the date of service of summons.
d) within 45 days from the date of service of summons.
96. Summons to the defendant under Order V, Rule 9 (1) of C.P.C., can be delivered for the purposes
of serving the same on the defendant, to a courier services as -
a) approved by the defendant.
b) approved by the Court.
c) approved by the plaintiff.
d) either a), orb), or c).
97. Under Section 32 of C.P.C., to compel the attendance of a person to whom a summons has been
issued under Sectlon.30 of C.P.C., the Court Is empowered to -
a) issue a warrant for his arrest.
b) attach and sell his property.
c) impose a fine not exceeding Rs. 5,000/-.
d) either a) or b) or c).
98. Under Order VI, Rule 17 at any stage of proceedings, the Court can allow to alter or amend
pleadings to -
a) either party.
b) to plaintiff only.
c) to defendant only.
d) ·to only one defendant if there are more than one defendant.
l
99. The expenses for the service of summons to the defendant have to be borne, under Order V, Rule l'
i
..
9 (3) of C.P.C., by-
a) the plaintiff.
b) the Court.
c) the defendant .
. d) partly by the plaintiff and partly by the defendant.
100. · The Court can reject the plaint under Order VII, Rule 11 (e) of C.P.C., If it is.not flied In -
a} triplicate. J

b) duplicate.
c) quadruplicate.
d) only c), and not a) orb).
101. If a document, which ought to be produced in the Court alongwlth the pleadings, Is not
· produced, under Order VII, Rule 14 (3) of C.P.c., at the hearing of the suit -
a) the same shall not be received in evidence on behalf of the plaintiff.
b) the same shall not be received in evidence on behalf of the defendant.
c) the same shall not be received in evidence on behalf of e"ither party.
d) the same shall not be received in evidence on behalf of a third party.
102. Order VIII, Rule 1 mandates that the defendant shall file the written statement of his defence
within-
 130. Author - Prof. Prakash K. Mokal
a) within 90 days from the date of service of summons.
b) within 60 days from the date of service of summons.
jr c) within 30 days from the date of service of summons.
d) within 10 days from the date of service of summons.
103. For the purpose of Section 39 of the C.P.c., the Court is of competent Jurisdiction,· if at the time
of making an application for transfer of deaee to it, such .Court would have Jurisdiction to try the
suit-
a) in which such decree was passed.
b) to which such decree has been transferred from other Court.
c) such decree was pending.
d) none of the above.
104. The rule of rateable distribution of the proceeds of execution sale amongst decree holders is
contained in -
a) Section 73 of C.P.C.
b) Section 74 of C.P.C.
c) Section 75 of C.P.C.
d) Section 76 of C.P.C.
105. Supreme Court in case of Union of India vis. Somasundaram Mills Pvt. Ltd. Held that, under
Section 73 of C.P.C., the debts due to the State -
a) stand on equal footing with all other debts.
b) are to be paid only after payment of all other debts.
c) are entitled to priority over all other debts.
d) either a), orb).
106. A plaint can be rejected under -
a) Order VII, Rule 10 C.P.C.
b) Order VII, Rule 10-A of C.P.C.
c) Order VII Rule 11 of C.P.C.
d) all the above.
107. In case the suit has been instituted in a Court having no jurisdiction, territorial or
pecuniary, the plaint is liable to be -
a) returned.
b) rejected.
c) may be returned or may be rejected.
d) only b) and not a).
108. On rejection of a suit under Order 7, Rule 11 of C.P.C., a fresh suit on the same cause of
action under Order 7, Rule 13 of C.P.C. -
a) is barred under all circumstances.
b) is not barred at all.
c) can be filed with the leave of the Court.
d) either b), or c).
109. Several persons can be joined as plaintiffs, In cases -
a) where right arises out of the same act, in favour of such persons.
b) where any common question of law is involved.
c) both, a), and b).
d) either a), orb). . .
110. Several persons can be joined as defendants, In cases -
a) where right arises out of the same act, in favour of such persons.
CPC 131. Author - Prof. Prakash K. MokaL
b) where any common question of law is involved.
c) both, a), and b).
d) either a), orb). -
111. Multifariousness In a suit results due to -
a) misjoinder of parties.
b) misjoinder of cause of action.
c) misjoinder of parties and misjoinder of cause of action.
d) either misjoinder of parties or misjoinder of cause of action. ·
112. Where a person who Is a necessary party to the suit has not been joined as a party to the
suit; It is a case of -
a) non-joinder.
b) mis-joinder.
c) both, a), and b).
d) neither a), nor b).
113. On account of mls-joinder or non-jolnder of parties, under Order 1, Rule 9 of C.P.C., the
suit is-
a) liable to be dismissed.
b) cannot be dismissed.
c) may be dismissed or may not be dismissed as per the discretion of the Court.
d) either a), orb).
114. Objection as to the non-joinder of mis-jolnder of parties under Order 1 Rule 13 of C.P.C. -
a) can be taken at any stage of the proceedings.
b) can be taken at the earliest possible opportunity.
c) can be taken in appeal or revision for the first time.
d) either a) orb) or c).
115. A suit is bad for non-joinder of a necessary party, as provided under -
a) Order I, Rule 10 of C.P.C.
b) Order I, Rule 9 of C.P.C.
c) Order I, Rule 10-A of C.P.C.
d) Order I, Rule 11 of C.P.C:
116. A suit In representative capacity can be flied by virtue of,
a) Order I, Rule 8 of C.P.C.
b) Order I, Rule 9 of C.P.C.
c) Order I, Rule 8-A of C.P.C.
d) Order I, Rule 10-A of C.P.C. _
117. A suit flied in· representative capacity, can be withdrawn, compromls'ed or abandoned, etc.
by the plaintiff -
a) without notice to all the persons interested.
b) after notice to all the persons interested.
c) both, a), and b).
d) either a), orb).
118. A person can be made a party In the suit either as a plaintiff or a defendant under -
a) Order I, Rule 8-A of C.P.C.
b) Order I, Rule 10 of C.P.C.
c) Order X, Rule 1 of C.P.C.
d) Order X, Rule 8 of C.P.C.
119. A necessary party Is one, in whose -
CPC 132. Author - Prof; Prakash K. MokaL

a) absence, no order can be made effectively.

b) absence, an order can be made but whose presence is necessary for the complete decision
of the case.
c) both, a), and b).
d) absence an order can be made and whose presence is not necessary for the complete
decision of the case. ·
120. In a suit, the list of witnesses has to be flied by parties,
a) before settlement of issues.
b) after settlement of issues.
c) at any time.
d) all the above. , I
121. When the plaintiff fails to pay the court-fee or postal charges for service of summons on
the defendant(s) or fails to present copies of the plaint, the suit is liable to be,
a) rejE!cted under Order VII, Rule 11 of C.P.C.
b) dismissed for non-prosecution under Order XI, Rule 2 of C.P.C.
c) either a) or b).
d) only b) and not a).
122. Court can direct the parties to opt for any one mode of alternative dispute resolution under
a) Order X, Rule 1-A of C.P.C.
b) Order X, Rule 1-B of C.P.C.
c) Order XI, Rule 1 of C.P.C.
d) Order XI, Rule 2 of C.P.C.
123. Consequent to failure of conciliation, the Presiding Officer of the conciliation forum can
refer the matter again to Court under -
a) Order X, Rule 1-B of C.P.C.
b) Order X, Rule 1-C of C.P.C.
c) Order X, Rule 3 of C.P.C.
d) Order X, Rule 4 of C.P.C.
124. Where a application for leave to deliver interrogatories, bas been moved along with the
interrogatories proposed to be delivered, that application shall be decided as provided under
Order 11, Rule 2 of C.P.C. within -
a) 15 days from the date of submission of application.
b) 10 days from the date of submission of application.
c) 7 days from the date of submission of application.
d) no time prescribed for the purpose.
125. List of witnesses, after settlement of issues, must be flied within -
a) 15 days.
b) 30 days.
c) 45 days.
d) 60 days.
126. Where a witness fails to appear before the Court, without any reasonable ground, under
Order 16 Rule 12 of C.P.C., such a witness can be penalized to the extent of-
a) Rs. 100/-.
b) Rs. 200/-.
c) Rs. 500/-.
d) Rs. 1,000/-.
CPC 133. Author - Prof; Prakash K. MokaL
127. If a plaintiff fails to sue for the whole of the claim which he is entitled to make in respect
of a cause of action in the first suit, then· he is precluded from suing in the suit in respect of
portion so omitted, by virtue of -
a) Order II, Rule 2 of C.P.C.
b) Order 11, Rule 3 of C.P.C.
c) Order II, Rule 4 of C.P.C.
d) Order II, Rule 5 of C.P.C.
128. Order II, Rule 2 of C.P.c. does not apply to -
a) application for execution.
b) writ petitions.
c) both, al, and bl.
d) neither a), nor b).
129. Name of a party In suit can be struck of under -
a) Order I, Rule 10 of C.P.C.
b) Order I, Rule 10-A of C.P.C.
c) Order X, Rule 8 of C.P.C.
d) Order X, Rule 8-A of C.P .C.
130. Pleadings must state -
a) facts.
b) law.
c) evidence.
d) all the above.
131. Pleadings must be signed -
a) by the party.
b) by the pleader.
c) by the party and his pleader.
d) only by the pleader and not by the party.
132. Which of the following legal pleas need not be pleaded ?
a) estoppel.
b) limitation.
c) res-judicata.
d) none of the above.
133. Which of the fallowing, must be stated In the pleadings -
a) facto probantia.
b) facto probanda.
c) both, a), and b).
d) neither a), nor b).
134. Under Order VI, Rule 15 of C.P.C., pleading must be verified by-
a) all the parties.
b) ariy one of the parties.
c) all the parties, if there are more than one or any one of the parties.
d) only a), and not b).
135. In suits by or against corporation, under Order XXIX, Rule 1 of C.P.C., pleadings must
be signed and verified by -
a) the secretary.
b) any director.
c) other principal officer able to depose.
 134. Author - Pro • Prakash K. MokaL
d) either a), orb), or c}.
Furnishing of further particulars, has been provided under -
a) Order VI, Rule 4 of C.P.C.
b) Order VI. Rule 5 of C.P.C.
c) Order VI, Rule 6 of C.P.C.
d) Order VI, Rule 7 of C.P.C.
137. Under Order VI, Rule 16 of C.P.c., the pleadings, can be ordered to be struck out -
a) if are necessary, scandalous, frivolous or vexatious.
b) if tend to prejudice, embarrass or delay the fair trial.
c) if is an abuse of the p·rocess of the Court.
tJ) all the above.
I
138. Pleading means -
a) plaint only.
b) plaintand written statement.
c) written statement only.
d) plaint, written statement and replication.
139. Pleading has been defined under -
a) Order VI, Rule 1 of C.P.C.
b) Order VI, Rule 2 of C.P.C.
c) Order VIII, Rule 1 of C.P .C.
d) Order VIII, Rule 2 of C.P.C.
140. Pleading can be altered or amended under -
a) Order VI. Rule 17 of C.P.C.
b) Order VI, Rule 16 of C.P.C.
c) Order VIII, Rule 9 of C.P.C.
d) Order VIII, Rule 10 of C.P.C.
141. Pleading can be amend~d -
a) before settlement of issues.
b) before conclusion of plaintiff's evidence.
c) before conclusion of defendant's evidence if defendant wants to amend the plaint.
d) at any stage of the proceedings.
142. Which of the following amendments can be allowed under Order VI, Rule 17 of C.P.C.?
a) amendment for granting relief on the basis of different approaches to the same facts.
b) amendment taking note of subsequent events.
c) amendment for correcting the misdescription of property.
d) all the above.
143. Pleading can be amended -
a) before the trial Court.
b) before the first appellate Court.
c) before the second appellate Court.
d) all the above.
144. Amendment In the pleading shall be effective -
a) from the date of the pleading.
b) from the date of the application.
c) from the date of the order.
d) either b) or c).
CPC 135. Author- Prof. Prakash K. Molral.
145. For the purpose of Order XIV, Rule 4 of C.P.C., the Court may adjourn the fr~ming of
issues to a date not later than - ·
a) 7 days.
b) 10 days.
c) 14 days.
d) 30 days.
146. Under Order XVI, Rule 1, sub-rule (4), summons may be obtained by the parties within _
of presenting the list of witnesses.
a) 5 days.
b) 7 days.
c) 9 days.
d) 10 days.
147. Under Order XVI, Rule 2 of C.P.C., the expenses of a witness for whom the summons
have to be obtained, shall be deposited by the party applying for the summons within -
a) 5 days of making the applica_tion.
b) 7 days of making the application.
c) 21 days of making the application.
d) 10 days of making the application.
148. The Court instead of examining the witnesses in open Court, direct their statements to be
recorded on Commission by virtue of -
a) Rule 19 of Order XVIII of C.P.C.
b) Rule 4 of Order XVIII of C.P.C.
c) Rule 2 of Order XVIII of C.P.C.
d) Rule 3-A of Order XVIII of C.P.C.
149. Copy of the Jud1ment shall be made available to the parties, under Order XX, Rule 1 (2) of
C.P.C. -
a) after 7 days from the pronouncement of judgment.
b) immediately after the pronouncement of judgment.
c) after 14 days from the pronouncement of judgment.
d) after 21 days from the pronouncement of judgment.
150. Under Order XX, Rule 6-A of C.P.C., decree is to be drawn up in any
case within _ _ from the date of pronouncement of judgment.
a) 10 days.
b) 20 days.
c) 30 days.
d) 15 days.
151. Under Order VI, Rule 17 of C.P.C., the amendment of the pleading may be allowed -
·a) as may be necessary for determining the real controversy between the parties.
b) as to introduce an entirely new and Inconsistent case.
c) as to take away a right of the defendant which has occurred to him by laps_e of time.
d) as to withdraw the admission made .
.153. Amendment allowed under Order VI, Rule 17 of C.P.C. must be carried on, In cases no time
Is fixed for carryln1 on the amendment, within -
a) 10 days.
b) 14 days.
c) 15 days.
d) 30 days.
152. Under Order VII, Rule 14 of C.P.C., the documents -
 136. Author - Prot; Prakash K. MokaL
a) must be filed along with the plaint.
b) can be fited at the time of framing of issues.
c) can be filed at any time after the framing of issues.
d) during the evidence.
153. Set-off Is a -
a) reciprocal agreement between the plaintiff and defendant.
b) reciprocal ascertainment of debts between the parties.
c) both, a), and b).
d) neither a), nor b).
154. Set-off can be claimed in any suit -
a) in any suit.
b) in a recovery of money suit only.
c) either a), orb).
d) neith~r a), nor b).
155. Set-off can be of -
a) ascertained sum of money.
b) an unascertained sum of money.
c) may be ascertained or may be unascertained.
d) only b) and not a).
156. Set-off can be -
a) legal set-off.
b) equitable set-off.
c) both, a), and b).
d) either a), orb).
157. In set-off, court-fee is -
a) payable.
b) not payable.
c) discretionary.
d) only b) and not a).
158. In a written statement, a defendant can_clalm-
a) set-off.
b) counter-claim.
c) both, set-off, and counter-claim.
d) either a), orb).
159. Which of the following, In respect of set-off Is correct ?
a) set-off can be claimed in a suit for recovery of money.
b) the amount claimed, must be ascertained amount.
c) the amount claimed to be set~off, must be legally recoverable and not bared by limitation.
d) all the above.
160. Which of the following can exceed the pecuniary Jurisdiction of the Court ?
a) set-off.
b) Counter-claim.
c) both set-off and counter-claim.
d) neither set-off, nor counter-claim.
161. A right to set-off has been granted under -
a) Order VIII, Rule 6 of C.P.C.
b) Order VIII, Rule 6-A of C.P.C.
CPC 137. Author-Prof. Prakash K. MokaL
c) Order VIII, Rule 6-B of C.P.C.
d) Order VIII, Rule 6-C of C.P.C.
162. Propositions are -
I. Set-off and counter-claim arises out of the same transaction.
II. Set-off should not be barred on the date of the suit, while counter-claim should not be
barred on the date of filing of written statement.
Ill. Claim for set-off cannot exceed plaintiff's claim, whereas counter-claim can. exceed the
plaintiff's claim.
In respect of the aforesaid, which is/are correct ?
a) all I, II and Ill are correct. I
b) I and II are correct, Ill is incorrect.
c) I and Ill are correct, II is incorrect.
d) II and Ill are correct, I is incorrect.
163. A right to counter-claim has been provided under -
a) Order VIII, Rule 6-A of C.P.C.
b) Order VIII, Rule 6-B of C.P.C.
c) Order VIII, Rule 6-C of C.P.C.
d) Order VIII, Rule 6-D of C.P.C.
164. If in any case in which the defendant set up a counter-claim, the suit of the plaintiff is
stayed, disco._tinued or dismissed, the counter-claim - ·
a) liable to be stayed, discontinued or dismissed.
b) can nevertheless be proceeded with.
c) is liable to be stayed but not discontinued or dismissed.
d) is liable to be dismissed and not stayed or discontinued.
165. Default in filing of written statement has been dealt with under -
a) Order VIII, Rule 8 ot C.P.C.
b) Order VIII, Rule 9 of C.P.C.
c) Order VIII, Rule 10 of C.P.C.
d) Order VIII, Rule 7 of C.P.C.
166. On default In filing of written statement under Order VIII, Rule 10 of C.P . C., pronouncement
of judgment Is -
a) mandatory.
b) discretionary.
c) directory.
d) either a) orb).
167. On failure to file the written statement, under Order VIII, Rule 10 of C.P.C., the Court-
a) may pronounce the judgment at once.
b) may order for striking off the defence.
c) may pass any other order.
d) either a), orb), or c).
168. Where the plaintiff falls to pay the court-fee or postal charges service of summons of the
suit on the defendant, the suit can be dismissed under -
a) Order IX, Rule 1 of C.P.C.
b) Order IX, Rule 2 of C.P.C.
c) Order IX, Rule 3 of C.P.C.
d) O~der IX, Rule 8 of C.P.C.
CPC 138. Author - Prol Prakash K. MokaL
169. Where on the date fixed for hearing of a suit, neither of the party appears, th~ dismissal
of the suit shall be under
a) Order IX, Rule 1 of C.P.C.
b) Order IX, Rule 2 of C.P.C.
c) Order IX, Rule 3 of C.P.C.
d) Order IX, Rule 8 of C.P.C.
170. Under Order IX, Rule 2 of C.P.C., a suit can be dismissed-
a) when onthe date fixed for hearing in a suit, neither of the parties appear.
b) when on the date fixed for hearing, the defendant appears but the plaintiff does not
appear.
c) when the plaintiff fails to pay the court-fee or postal charges for the service of summons of I
the suit to the defendant.
d) all the above.
171. A suit cari be dismissed in default under -
a) Order IX, Rule 2 of C.P.C.
b) Order IX, Rule 3 of C.P.C.
c) Order IX, Rule, 8 of C.P.C.
d) both, b), and c).
172. Order IX, Rule 3 of C.P .C. applies -
a) when on the date fixed for hearing in a suit, neither party appears.
b) when on the date fixed for hearing in a suit, only defendant appears and the plaintiff does
not appear.
c) when the plaintiff fails to pay the court-fee or postal charges for service of summons of the
suit on the defendant.
d) all the above.
173. Under Order IX, Rule 4 of C.P.C., a suit can be restored If dismissed under-
a) Order IX, Rule 2 of C.P.C.
b) Order IX, Rule 3 of C.P.C.
c) Order IX, Rule 8 of C.P.C.
d) only under a) and b).
175. When a suit Is dismissed under Order IX, Rule 2 or under Order IX, Rule 3 of C.P.C., a fr.esh suit
under Order IX, Rule 4 of C.P.C., the same cause of action Is-
a) not barred at all.
b) barred under all the circumstances.
c) not barred if within limitation.
d) only under a) and b).
174. Under Order IX, Rule 8 of C.P.C., a suit can be dismissed If-
a) on the date of hearing only the defendant appears and the plaintiff does not appear.
b) on the date of hearing, neither party appears.
c) court-fee or postal charges are not paid by the plaintiff for issuance of summons to the
defendant. ·
d) all the above.
175. A suit dismissed under Order IX, Rule 8 of C.P.C., can be restored under-
a) Order IX, Rule 4 of C.P.C.
b) Order IX, Rule 9 of C.P.C.
c) both under a), and b).
d) neither under a), nor b).
 -- x.::a::::,-...-:'t.iiiE.{W ..

- CPC 139. Author - Prof; Prakash K. MokaL

176. Under Order IX, Rule 8 of C.P.C., for non-appearance of the plaintiff, a suit cannot be
dismissed-
a) if the defendant admitted the whole claim of the plaintiff.
b) if the defendant adm!ts the claim of the plaintiff in part, to the extent of claim admitted.
c) both, a), and bl
d) neither a), nor b).
177. After dismissal of suit under Order IX, Rule 8 of C.P.C., a fresh suit on the same cause of
action, under Order IX, Rule 9 of C.P.C. -
a) is barred.
b) is not barred under any circumstances. I
c) is not barred subject to law of limitation.
d) either b), or c).
178. An application for the restoration of the suit under Order IX, Rule 4 of C.P.C. or under
Order IX, Rule 9 of C.P.C., must be made within -
a) 15 days of dismissal.
b) 30 days of dismissal.
c) 60 days of dismissal.
d) 90 days of dismissal.
179. Order IX, Rule 6 of C.P.C. provides for procedure when only plaintiff appears and
defendant does not appear on the date of hearing in the contingency -
a) when summons duly served on the defendant.
b) when summons served on the defendant but not within sufficient time.
c) when summons not duly served.
d) all the above.
180. Under Order IX, Rule 6 of C.P.C. -
a) defence of the defendant can be struck of.
b) defendant can be proceeded against ex-parte.
c) judgment can be pronounced against the defendant.
d) all the above.
181. An order under Order IX, Rule 6 of C.P.C. can be set aside under -
a) Order IX, Rule 7 of C.P.C.
b) Order IX, Rule 9 of C.P.C.
c) Order IX, Rule 11 of C.P.C.
d) Order IX, Rule 13 of C.P.C.
182. An appllcatlon under Order IX, Rule 7 of C.P.C. can be made -
a) within 30 days of the order.
b) within 60 days of the order.
c) any time during the pendency of the suit.
d) any time on or before the next date of hearing.
183. Where a plaintiff, who is ordered to appear in person, fails to appear, under Order IX,
Rule 12 of C.P.C., the suit of the plaintiff is liable to be
a) stayed.'
b) dismissed.
c) either stayed, or dismissed.
d) neither stayed, nor dismissed.
184. Where a defendant, who has been ordered to appear in person, fails to appear, under
Order IX, Rule 12 of C.P.C. -
a) the defence of the defendant is liable to be struck off.
CPC 140. Author - Prof. Prakash K. MokilL
b) the defendant is liable to be proceeded ex-parte.
c) either a), orb).
d) neither a), nor b).
185. An ex-parte decree can be set aside under -
a) Order IX, Rule 7 of C.P.C.
b) Order IX, Rule 11 of C.P.C.
c) Order IX, Rule 13 of C.P.C.
d) Order IX, Rule 12 of C.P.C.
186. An ex-parte decree can be set aside on the ground of -
a) summons not duly served.
b) being prevented by any sufficient cause from appearance.
c) non-appearance due to non-availability of documents with the plaint.
d) both, a),I
and b).
187. Remedies available against an ex-parte decree Include -
a)appeal.
b) review.
c) application for setting aside the decree.
d) all the above.
188. An application under Order IX, Rule 13 of C.P.C. can be made within-
a) 30days of the decree.
b) 60 days of the decree.
c) 90 days of the decree.
d) 6 months of the decree.
189. After being proceeded against ex-parte, the defendant Is,
a) precluded absolutely from participating in any proceeding
in the suit.
b) at liberty to join at the stage where the proceedings are pending.
c) at liberty to join the proceedings and do all the things which it could have done, had he not
been proceeded against ex-parte, without getting the ex-parte order set aside.
d) either a), or c).
190. Discovery by lnte"ogatories and Inspection has been provided under -
a) Order X of C.P.C.
b) Order XI of C.P.C.
c) Order XV of C.P.C.
d) Dreier XVI of C.P.C.
191. Interrogatories shall be answered as provided under Order XI, Rule 8 of C.P.C. -
a) on a simple application.
b) on an affidavit.
c) by filing the documents.
d) all the above.
192. Affidavit in an answer to interrogatories, shall be flied -
a) within 7 days of the order.
b) within 10 days of the order.
c) within 14 days of the order.
d) within 15 days of the order.
193. Interrogatories can be set aside or struck off, on an application under Order XI, Rule 7
of C.P.C., made within -
CPC 141. Author - Prof.. Prakash K. MokaL
a) 7 days of service of interrogatories.
b) 10 days of service of interrogatories.
c) 14 days of service of interrogatories.
d) 15 days of service of interrogatories.
194. Objections to interrogatories under Order XI, Rule 6 of C.P.C. can be made, if it is-
a) scandalous.
b) irrelevant.
c) not bonafide.
d) all the above.
195. Grounds for setting aside interrogatories contained in Order XI, Rule 7 of C.P.C., are -
a) prolix. I
b) oppressive.
c) unnecessary.
d) all the above.
196. Judgment on admission can be given under -
a) Order XII, Rule 8 of C.P.C.
b) Order XII, Rule 6 of C.P.C.
c) Order XII, Rule 4 of C.P.C.
d) Order XII, Rule 2 of C.P.C.
197. For the purposes of Order XII, Rule 6 of C.P.C., admissions of fact -
a) must be in pleadings.
b) may be otherwise.
c) may be either in pleadings, or otherwise.
d) only in pleadings and not otherwise.
198. A party flllng an affidavit In reply to interrogatories -
a) can be cross-examined upon it.
b) the other party can adduce evidence to contradict it.
c) can neither cross-examine, nor adduce evidence to contradict it as it is a conclusive proof.
d) can be cross-examined and adduce evidence to contradict it, as it is not proved fact.
199. Under Order XIII, Rule 1 of C.P.C., all the documentary evidence In original by the parties,
must ·be flied -
a) at or before the settlement of issues.
b) after the settlement of issues.
c) at the time of evidence.
d) at any time.
200. Any documentary evidence in possession of the party not filed under Order XIII, Rule 1 of
C.P.C., the party Is -
a) excluded from filing the same at a subsequent stage of the pr~ceedings.
b) not excluded from filing the same at a subsequent stage of the proceedings, but can file
the same only with the leave of the Court.
c) not excluded from filing the same at a subsequent stage of the proceedings without any
leave of the Court.
d) either a), or c).
201. Documents which are meant for cross-examining witness of the other party or meant for
refreshing the memory of the witness, may be produced -
a) at or before the settlement of issues.
b) after the settlement of issues.
CPC 142. Author - Prof. Prakash K. MokaL
c) at the time when they are required.
d) none of the above.
202. A document can be received at a later stage -
a) if the genuineness of the document is beyond doubt and is relevant to decide the real
question in controversy.
b) if the genuineness of the document is beyond doubt but is not relevant to decide the real
question in controversy.
c) if the _genuineness of the document is disputed and is not relevant to the matter in
controversy.
d) all the above.
203. Original documents can be returned to the party producing it - I
a) after the suit is over.
b) after the disposal of appeal, if preferred.
c) after. the period of limitation for filing the appeal, if no appeal is preferred.
d) only bl. and c) are correct.
204. During the pendency of the suit, to a party producing the document -
a) the original document admitted in evidence cannot be returned.
b) the original document admitted in evidence can be returned on producing the certified
copies thereof.
c) the original document admitted in evidence can be returned on producing an ord·inary
copy thereof.
d) either b), or c).
205. In a suit, issues are framed in respect of -
a) question of fact.
b) question of law.
c) mixed question of fact and law.
d) all the above.
206. 'Issues' mean -
a) contentions arising out of plaint only.
b) contentions arising out of written statement only.
c) rival contentions of the parties based on their pleadings.
d) presumptions of fact or law, or fact and law.
207. lss1J1es are settled in a suit under -
a) Order XIII of C.P.C.
b) Order XIV of C.P.C.
c) Order II of C.P.C.
d) Order VII of C.P.C.
208. Which of the issues under Order XIV, Rule 2 of C.P.C. can be tried as preliminary issues?
a) issues of fact.
b) issues of law.
c) issues of fact and law.
d) both, b), and c).
209. Issues of law can be tried as preliminary issues, if it relates to -
a) the jurisdiction of the Court.
b) a bar to the suit created by any law.
c) either a), or b).
d) neither a), nor b).
CPC 143. Author - Prof. Prakash K. MokaL
210. Issues can be altered under -
a) Order XIV, Rule 2 (2) of C.P.C.
b) Order XIV, Rule 3 of C.P.C. ·
c) Order XIV, Rule 5 of C.P.C.
d) Order XIV, Rule 6 of C.P.C..
211. Under Order XIV, Rule Sof C.P.C. -
a) issues already framed can be amended.
b) issues already framed can be struck off.
c) additional issues can be framed.
d) all the above.
·212. . List of witnesses must be filed by the parties - I
a) alongwith the plaint or written statement.
b) before framing of issues.
c) after the framing of issues.
d) no need to file the list of witnesses.
213. Parties must file the list of witnesses within -
a) 10 days of framing of issues.
b) 15 days of framing of issues.
c) 30 days of framing of issues.
d) 60 days of framing of issues.
214. Court has power to summon a person who Is not called by any party, as a witness under -
a) Order XVI, Rule 18 of C.P.C.
b) Order XVI, Rule 14 of-C.-P.C.
c) Order XVI, Rule 12 of C.P.C.
d) Order XVI, Rule 10 of C.P.C.
215. Adjour.~ment can be granted under -
a) Order XVII, Rule 3 of C.P.C.
b) Order XVII, Rule 2 of C.P.C.
c) Order XVII. Rule 1 of C.P.C.
d) Order XVII, Rule 1 (2) of C.P.C._
216. When, on the day to which the hearing of the suit is adjourned, the parties or any of them
fail to appear -
a) Order XVII. Rule 2 of C.P.C. shall apply.
b) Order XVII, Rule 3 of C.P.C. shall apply.
c) both Order XVII, Rule 2 of C.P.C. and Order XVII, Rule 3 of C.P.C. sh~II apply.
d) neither Order XVII, Rule 2 of C.P.C. nor Order XVII, Rule 3 of C.P.C. ·'
217. Order XVII, Rule 2 of C.P.C. and Order XVII, Rule 3 of C.P.C., are -
a) in conflict with each other.
b) independent and mutually exclusive.
c) Order XVII, Rule 3 of C.P.C. is dependent on Order XVII, Rule 2 of C.P.C.
d) Order XVII, Rule 3 of C.P.C. controls Order XVII, Rule 2 of C.P.C.
218. Order XVII, Rule 3 of C.P.C. applies -
a) when the party fails to produce the evidence.
b) when the party produced the evidence.
c) when the parties or any of them not present.
d) all the above.
219. Who shall produce the evidence first ?
CPC 144. Author - Prof. Prakash K. MokaL
a) plaintiff.
b) defendant.
c) either plaintiff or defendant.
d) as directed by the Court.
220. Where a party wishes to appear as a witness, as a general rule -
a) the party shall appear as a witness after all other witnesses are examined.
b) the party shall appear first before any witness on his behalf has been examined.
c) the party has the discretion to appear either before or after examination of other
witnesses.
d) as directed by the Court.
221. A witness who has already been examined, can be recalled under Order XVIII, Rule 17 of
C.P.C.-
a) by the party calling the witness.
b) by the opposite party.
c) by the Court.
d) all the above.
222. Where a judgment debtor puts any resistance or obstruction to the decree holder in
execution of a decree for possession of immovable property, the judgment debtor is liable, under
Section 74 of C.P.C., to be -
a) detained in the civil prison for a term which may extend to 60 days.
b) detained in the civil prison for a term which may extend to 30 days.
c) detained in the civil prison for a term which may extend to 15 days.
d) detained in the civil prison for a term which may extend to 7 days.
223. Any party may address oral arguments in his case, and before the conclusion of oral
arguments can submit written arguments, and such written arguments -
a) shall form part of the record.
b) shall not form part of the record.
c) shall not form part of the record unless it follows affidavit.
d) shall form part of the record only if the Court directs.
224. Ordinarily, the judgment shall be pronounced as provided under Order XX, Rule 1 of C.P.C.,
within-
a) 15 to 30 days of hearing.
b) 5 to 15 days of hearing.
c) 30 to 60 days of hearing.
d) 30 to 45 days of hearing.
225. Judgment and decree have been dealt in C.P.C. under-
a) Order XIX.
b) Order XX.
c) Order XX-A.
d) Order XXI.
226. Clerical or arithmetical mistakes in judgments, orders, etc. can be corrected under -
a) Section 152 of C.P.C.
b) Section 153 of C.P.C.
c) Section 153-A of C.P.C.
d) Section 153-B of C.P.C.
227. For getting the clerical or arithmetical mistakes In judgments corrected, the application -
a) shall be made within 30 days.
CPC 145. Author-Pro£ Prakash K. MokaL
b) shall be made within 60 days.
c) shall be made within 90 days.
d) can be made at any time and no limitation period has been prescribed.
228. Under Section 34 of C.P.C., the Court can grant interest
a) from the date of the suit till the date of the decree.
b) from the date of the decree till realization.
c) both, al, and b).
d neither a), nor b).
229. Provision for interest In C.P.C. has been made under-
a) Section 32. I
b) Section 34.
c) Section 35-A.
d) Section 35-8.
230. Future interest i.e. from the date of the decree till realization, can be awarded under C.P.C.
at the rate of -
a) 12 % per annum.
b) 9 % per annum.
c) 6 % per annum.
d) depending upon the prevailing bank rates.
231. Awarding future interest is -
a) mandatory.
b) directory.
c) discretionary.
d) only a) and b), or c).
232. Where a decree is silent as regards future interest -
a) future interest shall be deemed to have been refused and a separate suit shall lie for the
same.
b) future interest shall be deemed to have been refused and a separate suit shall not lie.
c) future interest shall be deemed to have been inadvertently omitted and an application can
be moved before the Court.
d) future interest shall be deemed to have been granted and it shall be a clerical or
arithmetical error to be corrected on application.
233. Rule of Damduppat is -
a) a rule relating to costs.
b) a rule relating to interest.
c) a rule of res-judicata.
d) a rule of evidence.
234. Pendent elite interest can be awarded -
a) on the basis of the agreement between the parties.
b} at the rate of 6%.
c) at the rate of 9%.
d) at the rate of 12%.
235. Which of the following provisions provide for imposition of costs-in a civil suit ?
a) Section 35 of C.P.C.
b) Section 35-A of C.P.C.
c) Section 35-8 of C.P.C.
d} all the above.
CPC 146. Author - Prof. Prakash K. MokaL
236. Costs can be imposed in -
a) a suit.
b) execution proceedings.
c) a suit, as well as, execution proceedings.
d) only in a suit and not in execution proceedings.
237. Costs can be Imposed to -
a) compensate.
b) reimburse the expenses incurred.
c) compensate, as well as, reimburse the expenses incurred.
d) only to reimburse the expenses incurred and not to compensate.
238. Compensatory costs can be imposed for - I
a) false or vexatious claims or defences.
b) improbable claims or defences.
c) both/a), and b).
d) neither a), nor b).
239. Compensatory costs are Imposed under -
a) Section 35 of C.P.C.
b) Section-35-A of C.P.C.
c) Section 35-8 of C.P.C.
d) all the above.
240. Compensatory costs under Section 3S-A of C.P.C. can be Imposed to the extent of-
a) Rs. 3,000/-.
b) Rs. 5,000/-.
c) Rs. 10,000/-.
d) without any limit.
241. Imposition of costs under Section 35-A of C.P.C. -
a) absolves a person from criminal liability that may arise on the principle of double jeopardy.
b) does not absolve a person from criminal liability that may arise therefrom.
c) may absolve or may not absolve a person from criminal liability.
d) the Court imposing cost may order for exemption from criminal liability.
242. Costs under Section 3S-A of C.P.C. can be Imposed - ·
a) in an appeal.
b) in a revision.
c) both, in appeal, and a revision.
d) neither in an appeal, nor in a revision.
243. Costs under Section 35-A of C.P.C. can be Imposed-
a) on plaintiff.
b) on defendant.
c) on co-defendant.
d) all the above.
244. Costs for causing delay has been provided under -
a) Section 35-A of C.P.C.
b) Section 35-B of C.P.C.
c) Section 36 of C.P.C.
d) Sect.ion 35 of C.P.C.
245. Imposition of costs under Section 3S-8 of C.P.C. Is-
a) mandatory.
CPC 147. Author - Prof. Prakash K. MokaL
i.
b) directory.
c) either a), or b).
d) neither a), nor b).
246. Costs imposed under Section 35-B of C.P.C. -
a) shall be included in the costs awarded in the decree passed in the suit.
b) shall not be included in the costs awarded in the decree passed in the suit.
c) shall, if not paid, be executable against the person on whom the costs has been imposed.
d) only b), and c).
247. Security for payment of cost can be required to be furnished under -
a) Order XX-A.
b) Order XXV.
c) Order XXIV.
d) Order XXVII.
248. Security for payment of cost can be required to be furnished under Order XXV, from -
a) the plaintiff.
b) the defendant.
c) the co-defendant.
d) all the above.
249. On failure for furnishing security for payment of cost, the suit Is liable to be -
a) stayed.
b) dismissed.
c) rejected.
d) either a) orb) or c) in the discretion of the Court.
250. A suit dismissed under Order XXV for non-furnishing of security for payment of costs -
a) cannot be restored.
b) can be'{estored by the same Court.
c) can be restored only in appeal.
d) can be restored only in revision.
251. · Provisions relating to execution of decrees are contained In -
a) Order XXI.
b) Order XXV.
c) Order XXXIII.
d) Order XXXVI.
252. Money under a decree can be paid -
· a) in the Court.
b) out of the Court.
c) either in the Court, or out of the Court.
d) only in the Court and not out of the Cou·rt.
253. Application for execution of a decree Is to be made -
a) to the Court which passed the decree.
b) to the Court of Small causes.
c) to the District Court.
d) to the Hl_gh Court.
254. An executing Court -
a) can modify the terms of the decree.
b) can vary the terms of the decree.
c) can modify and vary the terms of the decree.
CPC 148. Author - Prof. Prakash K. MokaL
d) can neither modify, nor vary the terms of the decree.
255. A decree for execution -
a) cannot be transferred to another Court.
b} can be transferred to another Court.
c} may or may not be transferred to another Court.
d) either a), or c).
256. Transfer of a decree for execution to another Court, has been dealt with under.;..
a) Section 37 of C.P.C.
b) Section 38 of C.P.C.
c) Section 39 of C.P.C.
d) Section 40 of C.P.C. I
257. A decree can be transferred for execution to another Court -
a} if the judgment debtor actually and voluntarily resides or carries on business, or personally
works f6r gain, within the local limits of that other Court. . ,
b) if the judgment debtor does not have •sufficient property to satisfy the decree within the
local limits of the Court passing the decree, and has property within the local limits of that
other Court. · ·
c) if the decree directs sale or delivery of immovable pro.perty situated outside the
jurisdiction of the Court passing the decree.
d} all the above.
258. Law does not require issuance of notice of the application for execution of a decree to the
judgment debtor, where the execution is applied -
a) within four years of the decree.
b) within two years of the decree.
c) within three years of the decree.
d) within five years of the decree.
259. In which of the following cases, notice of the execution application has to be issued to the
judgment debtor ?
a) where the execution is applied for beyond two years after the date of the decree.
b) where the execution application is made against the legal representatives of the judgment
debtor even if made within two years of the decree.
c) where the execution application has been made by the assignee of the interests of the
decree holder even if made within two years of the decree.
d) all the above.
260. Provisions of Section 39 of C.P.C., are -
a) permissive and not mandatory.
b) mandatory and not permissive.
c) mandatory and discretionary.
d) none of the above.
261. Words 'competent jurisdiction' under Section 39 of C.P.C., refers to -
a) pecuniary jurisdiction of the transferee Court.
b) territorial jurisdiction of the transferee Court.
c) pecuniary and territorial jurisdiction of the transferee Court.
I

d) subject-matter jurisdiction of the transferee Court.

262. Execution of a decree can -
a) be stayed by the Court passing the decree under all the circumstances.
b) be stayed by the Court passing the decree before the time allowed for appeal.
·. CPC 149. Author-ho& Prakash K. MolcaL
· c) not be stayed by the Court passin·g the decree under any circumstances.
d) e·ither a), or c).
263. A decree for execution cannot be sent to a -
a) foreign Court.
b) Court outside India established by the authority of Central Government.
c) both, a), and b).
d) neither a), nor b).
264. In case of a joint decree, the execution must be applied .:..
a) by the decree holders.
b) by more than one decree holders.
c) by one decree holder. I
d) either by one or more or all decree holders.
265. Execution of a decree can be applied for -
a) against the judgment debtor personally.
b) In case of the judgment debtor being dead, against the' legal representatives of the
judgment debtor.
c) against the person to whom Court directs.
d) both, a), and b).
266. Which of the following statements are correct ?
a) the executing Court must take the decree as it stands.
b) the executing Court cannot go into the question whether the decree has been obtained by
fraud.
c) the executing Court cannot question the legality, correctness or validity of the decree.
d) all the above.
267. The executing Court can go behind the decree, where -
a) the decree has been passed without jurisdiction - pecuniary, territorial or subject-matter.
b) the decree is a nullity, having been passed against a dead person without bringing his legal
representatives on the record.
c) where the decree is ambiguous.
d) all the above.
268. Precept Is -
a) a transfer of the decree.
b) an order to another competent Court to attach any property of the judgment debtor.
c) an execution of decree.
d) all the above. ,
269. Attachment of property under a precept shall remain valid for a period of-
a) 90 days until extended.
b) 60 days until extended.
c) 30 days until extended.
d) till further order.
270. Under Section 47 of C.P.C., all questions arising between the parties to the suit, relating
to execution, discharge or satisfaction of the decree have to be decided -
a) by the executing Court.
b) by a separate suit.
c) either a), orb).
d) both, a), and b).
271. Section 47 of C.P.C., Is-
CPC 150. Author - Prot; Prakash K. Mokal
a) mandatory and bars a suit.
b) mandatory and bars a defence.
c) mandatory and bars a suit, as well as, a defence.
d) directory.
272. Section 47 of C.P.C. applies -
a) to the objections raised to the execution by the parties to the suit.
b) to the objections raised to the execution by the third parties.
c) both, a), and b).
d) either a), orb).
273. Where a judgment debtor dies before the decree has been fully satisfied, the same can be
executed against -
a) any one of the legal representatives of the judgment debtor in its entirety.
b) against all the legal representatives.
c) against~ny member of the legal representatives as the decree holder wants.
d) against the legal representative, as directed by the Court.
274. In execution of decree against legal representatives, the liability of the -. legal
representative under Section SO of C.P.C. - _
a) is limited to the extent of the property of the deceased inherited by him.
b) is not limited to the extent of the property inherited, but exte·nds to his personal property.
c) extends to his personal property in cases where he has not inherited anything.
d) either b) or c).
275. Under Section 47 of C.P.C., parties to the suit means-
a) the parties themselves.
b) the representatives of the parties.
c) the auction purchaser in execution of decree.
d) all the above.
276. Mode:; of execution of a decree have been stated In -
a) Section 48 of C.P.C.
b) Section 49 of C.P.C.
c) 51 of C.P.C.
d) 52 of C.P.C.
277. Omission to give notice, under Order 21, Rule 22 of C.P.C., of the execution is a defect
which renden the execution -
a) null and void.
b) irregular.
c) voidable.
d) valid.
278. Arrest of a person In execution of a decree has been provided under -
a) Section 53 of C.P.C.
b) Section 54 of C.P.C.
cisection 55 of C.P.C.
d) Section 55 of C.P.C.
279. Who can be arrested In execution of a decree ?
a) a man.
b) a woman.
c) a minor.
d) all the above.
CPC 151. Author - Prof. Prakash K. Mokal,
'

280. Section 56 of C.P.C. prohibits arrest and detention, In execution of a decree of-
a) a minor boy.
b) a minor girl.
c) a woman.
d) ail the above.
281. Imprisonment In execution of a decree can be -
a) rigorous imprisonment.
b) simple imprisonment.
c) civil imprisonment.
d) either a) orb) or c) as per the discretion of the Court.
282. Maximum period of detention where the decree Is for more than Rs. S,CXJO/- is - I
a) six weeks.
b) two months.
c) three months.
d) six months.
283~ Maximum period of detention in civil imprisonment where the decree is for more than
Rs. 2,000/- but less than Rs. S,000/- is -
a) six weeks.
b) two months.
c) three months.
d) six months.
284. No arrest and detention in civil imprisonment can be made if the decree is for payment of,
a) not exceeding Rs. 500/-.
b) not exceeding Rs. 1,000/-.
c) not exceeding Rs. 1,500/-.
d) not exceeding Rs. 2,000/-.
285. Civil Imprisonment In execution of a decree can be awarded If the decree Is for minimum,
a) Rs. 500/-.
b) Rs. 1,000/-.
c) Rs. 2,000/-.
d) Rs. 5000/-.
286. Arrest and detention of a person In civil Imprisonment In execution of the decree -
a) absolves him from llablllty under the decree, but can be re-arrested.
·) b) does not absolve him. but the person cannot be re-arrested.
c) does not absolve him and the person can be re-arrested. .
d) absolves him from the liability altogether and cannot be re-arrested.
287. · A person arrested and detained In civil Imprisonment In execution "of a decree can be
released-
a) on payment of the o~tstanding amount.
b) on the ground of illness of self.
c) on the ground of illness of a member of his family.
d) only a), orb). not cl.
288. Property Hable to attachment and sale In execution of decree Is mentlo ned under -
a) Section 59 of C.P.C.
b) Section 60 of C.P.C.
c) Section 61 of C.P.C.
d) Section 62 of C.P.C.
CPC- 152. Author - Prof. Prakash K. MokaL

289. Which of the following properties of a judgment debtor are liable to be attached ?
a) personal ornaments of religious usage of a woman.
b) tools of artisan and cattle and seed grain.
c) books of accounts.
d) shares in a corporation and Government securities.
290. Which of the following properties cannot be attached in execution of a decree ?
a) penricus.
b) promissory notes.
c) house or other building.
d) Hundi.
291. In execution of a decree for the maintenance, salary of a person ca.n be attached to the I
extent of-
a) one-fourth.
b) one-third.
c) two-third.
d) one-half.
292. In execution of a decree other than a decree of maintenance, salary of a person can be
attached to the extent of -
a) Rs. 400/- plus two-third of the remainder.
b) Rs. 500/- plus one-half of the remainder.
c) Rs. 1,000/- plus one-third ofthe remainder.
d) Rs. 1,000/- plus two-third of the remainder.
293. In a case of a one and the same decree, the attachment of salary can continue for a total
period of-
a) 12 months.
b) 24 ~,onths.
c) 36 months.
d) 60 months.
294. In cases of two or more decrees, the attachment of salary shall commence after -
a) three months of the completion of 24 months of attachment under the earlier decree.
b) six months of the completion of 24 months of attachment under the earlier decree.
c) nine months of the completion of 24 months of attachment under the earlier decree.
d) twelve months of the completion of 24 months of attachment under the earlier.decree.
295. Private alienation of property by the judgment debtor after attachment under Section 64
(1) of C.P.C. Is -
a) valid.
b) voidable;
c) void.
d) irregular. _
296. Properties of a judgment debtor which are not liable to be attached have been mentioned
In-
a) Section 60 of C.P.C.
b) Section 62 of C.P.C.
c) Section 64 of C.P.C.
d) Section 66 of C.P.C.
297. Subsistence allowance In respect of the person detained In clvll Imprisonment has to be
paid by the-
CPC 153. Author - Prof. Prakash K. Mo/caL
a) State Government.
b) Central Government.
c) decree holder.
d) either a), b), or c).
298. Persons who are exempted from arrest under civil process, have been mentioned in -
a) Section 135 of C.P.C.
b) Section 135-A of C.P.C.
c) Section 136 of C.P.C.
d) both, a), and b).
299. A 'garnishee' is -
a) the judgment debtor.
b) judgment debtor's debtor.
c) judgment debtor's creditor.
d) the banker of the judgment debtor.
300. A garnishee order is an order -
a) prohibiting the judgment debtor's debtor from making any payment to the judgment_
debtor.
b) directing the judgment debtor's creditor to take the payment from the judgment debtor's
debtor.
c) permitting the judgment debtor's debtor to make the payment to the judgment debtor.
d) either a), orb), or c).
301. Attachment of property in execution of a decree -
a) continues to be under attachment if the decree is set aside or reversed, without a specific
order of release.
b) shall be deemed to be withdrawn on setting aside or reversal of the decree.
c) shalPbe deemed to be withdrawn on reversal of the decree but not on setting aside of the
decree.
d) shall be deemed to be withdrawn on setting aside of the decree, but not on reversal of the
decree.
302. Objections to the attachment of property in execution can be raised -
a) by parties to the suit.
b) by strangers/third party..
c) both, a}, and b).
d) only b), and not a).
303~ A decree for specific movable property can be executed -
a) by attachment.
b) by detention.
c) by seizure.
d) all the above.
304. Abatement of proceedings Is governed -
a) by Order XXII of C.P.C.
b) by Order XXIII of C.P.C.
c) by Order XXIV of C.P.C.
d) by Order XXVII of C.P.C.
305. Order XXII of C.P.C. applies to -
a) suits.
b) appeals.
CPC 154. Author - Prof. Prakash K. Mokal

c) execution proceedings.
d) all the above.
306. Abatement means -
a) suspension or termination of proceedings in an action for want of proper parties.
b) the process of bringing on record the legal representatives of the party to the suit.
c) the process of seeking permission to file a fresh suit on the same cause of action on the
death of either party.
d) all the above.
307. An application for bringing the legal representatives of a party has to be moved within - .
a) 30 days of the death.
b) 60 days of the death. I
c) 90 days of the death.
d) 15 days of the death.
308. Procedur~ in case of one of several plaintiffs or of the sole plaintiff has been pr~vided
under-
a) Order XXII, Rule 2 of C.P.C.
b) Order XXII, Rule 3 of C.P.C.
c) Order XXII, Rule 4 of C.P.C.
d) Order XXII, Rule 6 of C.P.C..
309. If the sole plaintiff in a suit dies, and no application for bringing the legal representatives
of the deceased plaintiff has been moved -
a) the proceedings shall be terminated immediately.
b) the proceedings shall be terminated on the expiry of 90 days from the date of death of the
plaintiff.
c) the proceedings shall not terminate.
d) the Court shall appoint an administrator of the plaintiff to continue with the suit.
310. An application for substitution of the legal representatives of a defendant lies under-
a) Order XXII, Rule 3 of C.P.C.
b) Order XXII, Rule 4 of C.P.C.
c) Order XXII, Rule 4-A of C.P .C.
d) Order XXII, Rule 5 of C.P.C.
311. If a sole defendant in a suit dies, and no application for bringing on record, the legal
representatives of the deceased defendant bas been moved -
a) the proceedings shall be terminated immediately.
b) the proceedings shall be terminated on the expiry-of 90 days from the date of death of the
defendant.
c) the proceedings shall not terminate.
d) the court can appoint an administrator of the defendant and continue the proceedings.
312. In case of death of a defendant, the necessity of substituting the legal representatives of
the deceased defendant -
a) cannot be dispensed with under any circumstances.
b) can be dispensed with in respect of a defendant who has failed to file the written
statement.
c) can be dispensed with in respect of a defendant who having filed the written statement,
does not appear and contest the suit.
d) both, b), and cl. .
313. Substitution of the legal representatives of either party, in case of death, Is permissible -
 CPC 155. Author - Prof; Prakash K. MokaL
a) when the right to sue survives.
b) when the right to sue does not survive.
c) when the right to sue may or may not survive.
d) all the above.
314. Right to sue survives In cases of suits for -
a) defamation.
b) assault.
c) personal injuries not causing death.
d) none of the above.
315. In cases where there is no legal representative of a party to the suit, who died during the
pendency of suit, under Order XXII, Rule 4-A of C.P.C.
a) the proceedings shall abate.
b) the proceedings shall continue.
c) the court shall appoint an administrator general to represent the estate of the deceased
for the purposes of the proceedings and continue with the proceedings.
d) only a), and not b), or c).
316. On the marriage of female who is a party to the suit, under Order XXII, Rule 7 of C.P.C.
a) the proceedings shall abate.
b) the proceedings shall not abate.
c) it is the discretion of the Court to continue or not to continue with the proceedings.
d) either a), or c).
317. During the period of conclusion of hearing and the pronouncing of the judgment, if
either party dies, under Order XXII, Rule 6 of C.P.C -
a) the proceedings shall abate.
b) the groceedings shall not abate,. irrespective of whether the cause of action survives or
not.
c) it is the discretion of the Court to order abatement or non-abatement of the suit.
d) either a), or c).
318. On abatement of suit, under Order XXII, Rule 9 of C.P.c. -
a) a fresh suit on the same cause of action can be brought as a-matter of right.
b) a fresh suit on the same cause of action can be brought only with the permission of the
Court.
c) a fresh suit on the same cause of action is barred.
d) either b), or c).
319. · Abatement of suit can be set aside under -
r a) Order XXII, Rule 9 of C.P.C.
b) Order XXII, Rule 10 of C.P.C.
c) Order XXII, Rule 10 of C.P.C.
d) Order XXII, Rule 11 of C.P.C.
320. An assignee of an Interest during the pendency of the suit can be brought on record by
virtue of-
a) Order XXII, Rule 10 of C.P.C.
b) Order XXII, Rule 10-A of C.P.C.
c) Order XXII, Rule 4-A of C.P.C.
d) Order XXII, Rule 11 of C.P.C.
321. An application for substitution of the legal representatives of the defendant who has died,
has to be moved by -
I
i
f CPC 156. Author - Prof. Prakash K. MokaL
a) the legal representatives of the defendant.
b) the plaintiff.
c) both, a), and b).
d) either a), orb).
322. An application for the substitution of the legal representatives of the plaintiff who has
died, has to be moved by -
a) the legal representatives of the plaintiff.
b) the defendant.
c) both, a); and b).
d) either a), orb).
323. Withdrawal of suits is governed by -
a) Order XXlll, Rule 1 of C.P.C.
b) Order XXIII, Rule 3 of C.P.C.
c) Order ~Ill, Rule 1 and Rule 3 of C.P.C.
d) Order XXIII, Rule 3-A of C.P.C.
324. If the plaintiff wants to withdraw the suit, then -
a) the plaintiff can withdraw the suit against all the defendants, if there are more than one.
b) the plaintiff has the liberty to withdraw the suit against some of the defendants if there
are more than one.
c) the plaintiff has the liberty to withdraw the suit against anyone of the defendants.
d) all the above.
325. Under Order XXIII, Rule 1 of C.P.C., the plaintiff is- .
a) under an obligation to withdraw the suit with entirety with respect to all the claims.
b) having the liberty to withdraw the suit in its entirety or abandon a part of his claim.
c) having the liberty to withdraw only a part of his claim and cannot abandon the suit.
d) none of the above.
326. A suit filed on behalf of a minor can be -
a) withdrawn at any time as a matter of right.
b) cannot be withdrawn.
c) withdrawn only with the leave of the Court.
d) either a), orb).
327. After withdrawal of the suit, a plaintiff -
a) can institute a fresh suit in respect of the same subject matter.
b) can institute a fresh suit in respect of the same subject matter only with the leave of the
Court.
c) can institute a fresh suit in respect of the same subject matter only with the leave of the
High Court.
d) cannot institute a fresh suit in respect of the same subject matter, unless liberty is given at
the time of withdrawal of the suit.
328. Liberty to institute a fresh suit in respect of the same subject matter, at the time of
withdrawal of the suit, is given -
a) as a general rule.
b) where the suit suffers from some formal defect and is likely to fail on that account.
c) where the Court finds-sufficient grounds.
d) only b), and c).
329. Right to withdraw the suit, Is -
a) an absolute right of the plaintiff.
CPC 157. Author - Prof. Prakash K. MokaL
6) a qualified right of the plaintiff.
c) fettered by certain conditions.
d) either a), orb), or c).
330. In cases of withdrawal of.suit by the plaintiff, under Order XXIII, Rule 1-A of C.P.C. -
a) defendants cannot be transposed as plaintiffs.
b) defendants can be transposed as plaintiffs under all circumstances.
c) defendants can be transposed as plaintiff is substantial question is to be decided against
any of the other defendants.
d) either a), orb).
331. Parties to the suit can compromise in a suit under -
a) Order XXIII, Rule 3-A of C.P.C.
b) Order XXIII, Rule 3 of C.P.C.
c) Order XXIII, Rule 1 of C.P.C.
d) OrderXXIII, Rule 4 of C.P.C.
332. Compromise under Order XXIII, Rule 3 of C.P.C. -
a) must be in writing and signed by the parties.
b) must be in writing but need not be signed by the parties.
c) must be in writing but need not be lawful..
d) need not be in writing but must be lawful.
333. Under Order XXIII, Rule 3, of C.P.C., the subject matter of the compromise·-
a) shall be the subject matter of the suit.
b) can embrace part of the subject matter of the suit and part outside it.
c) can embrace the subject matter outside the suit.
d) both, b), and c).
334. Under Order XXIII, Rule 3 of C.P.C., on the basis of a compromise -
a) a decree has to be drawn only in respect of the subject matter that relates to the suit.
b) a decree has to be drawn for the entire compromise so long as it embraces part of the
subject matter of the suit and part outside it.
c) a decree has to be drawn where the compromise does not embrace the subject matter of
the suit at all.
d) no decree need to be drawn in cases of compromise of the suit.
335. Under Order XXIII, Rule 3-A of C.P.C., a suit to set aside a compromise
decree-
a) shall lie on the ground that compromise is not lawful.
b) shall not lie on the ground that the compromise is not lawful.
c) shall not lie on any ground. ·
d) both, b), and c).
336: In a representative suit, an agreement or compromise can be entered into Order XXII, Rule
3-B of C.P.C. -
a) as a general rule.
b) without the leave of the Court.
c) only with the leave of the Court.
d) both, a), and b).
337. An agreement or compromise entered into, in a representative suit, without the leave of
the Court shall be -
a) VOi(h
b) voidable.
 158. Author - Prof; Prakash K. MokaL
c) valid.
d) either valid or voidable.
338. Purposes for which the Court can issue a Commission have been enumerated in -
a) Section 73 of C.P.C.
b) Section 74 of C.P.C.
c) Section 75 of C.P.C.
d) Section 76 of C.P.C.
339. For issuance of Commission, Section 75 is -
a) exhaustive.
b) prohibitory.
c) illustrative.
d) none of the above.
340. Under Section 75, a Commission can be issued -
a) to ~ake local investigation.
b) to hold a scientific, technical or expert investigation.
c) to perform any ministerial act.
d) all the above.
341. Provisions relating to issuance of Commission are contained in -
a) qrder XXVI of C.P.C.
b) Order XXXII of C.P.C.
c) Order XXVII of C.P.C.
d) Order XXVIII of C.P.C.
342. Under Section 78 of C.P.C., the Commission can be issued for the examination of witness
by or at the instance of -
a) Courts situate in any part of India to which the provisions of C.P.C. do not extend.
b) Courts established outside India by the authority of Central Government.
c) a foreign Court.
d) all the above.
343. Commission to make local Investigation can be issued under -
a) Order XXVI, Rule 1, C.P.C.
b) Order XXVI, Rule 6, C.P.C.
c) Order XXVI, Rule 9, C.P.C.
d) Order XXVI, Rule 10, C.P.C.
344. Commission to make local investigation cannot be issued for the purposes of -
a) collecting evidence on a fact.
b) elucidating any matter in dispute.
c) ascertaining the market value of the property.
d) ascertaining the amount of mesne profit.
345. Expenses of the Commission have to be borne by -
a) the party at whose instance the Commission is issued.
b) the party for whose benefit the Commission is issued.
c) both parties in a suit in equal share.
d) either a). orb).
346. Commission for local investigation can be issued -
a) ex parte.
b) in the presence of both the parties.
c) only after hearing all the parties.
CPC 159. Author- Prot Prakash K. Mokal
d) only al, and b).
347. For instituting a suit against the Government or against a public officer in official
capacity, the notice period under Section 80 of C.P.C., is -
a) 3 months.
b) 2 months.
c) 1 month.
d) 15 days.
348. Provisions of Section 80 of C.P .C. are -
'
a) mandatory.
b) directory.
c) discretionary.
d) none of the above.
349. Provisions of Section 80 of C.P.C. are binding on-
a) the Court of a Civil Judge.
1
I
i
b) the Court of District Judge.
c) the High Court.
d) all the above.
~SO. A suit without service of notice under Section SO.of C.P.C._can be instituted-
a) generally, with the leave of the Court.
b) in cases where urgent or immediate relief is sought, with the leave of the Court.
c) in cases where urgent or immediate relief is sought, without the leave of the Court.
d) only a), and c).
351. In cases of urgent or immediate relief, where leave to investigate the suit without service
of notice under Section 80 of C.P.C. bas been granted -
a) no interim or otherwise, ex-parte relief can be granted.
b) interim or otherwise ex-:parte relief can be granted generally.
c) interim or otherwise ex-parte relief may be granted under certain circumstances.
d) either a), or c).
352. Foreign Rulers, Ambassadors and Envoys, under Section 86 of C.P.C. -
a) cannot be sued in Indian Courts.
b) can be sued in Indian Courts without the consent of the Central Government.
c) can be sued in Indian Courts only with the written consent of the Central Government.
d) either a), or b).
353. lnterpleader suit has been defined under -
a) Section 88 of C.P.C.
b) Section 89 of C.P.C.
c) Section 90 of C.P.C.
d) Section 91 of C.P.C.
354. In an lnterpleader suit, the plalntlff claims -
a) interest in the subject matter of the suit.
b) no interest in the subject matter of the suit except charges or costs.
c) no interest in the subject matter of the suit also not claims charges or costs.
d) only a), and not b), or c).
355. In an lnterpleader suit, there -
a) are several claimants claiming the property adverse to each other.
b) is only one claimant claiming the property against the other.
c) are several claimants claiming the property under common interest of all.
CPC 160. Author - Prot Prakash K. MokaL
d) either a) orb) or c).
356. Provisions relating to lnterpleader suit are contained in
a) Order XXII of c".P.C.
b) Order XXXIV of C.P.C.
c) Order XXXV of C.P.C.
d) Order XXXVI of C.P.C.
357. Suits for declaration and injunction in respect of public Nuisance, under Section 91 of .
C.P.C., can be instituted by- t,
a) an individual without the leave of the Court.
b) an individual with the leave of the Court.
c) two or more persons without the leave of the Court.
d) two or more persons with the leave of the Court.
358. Public nuisance within the meaning of Section 91 of C.P.C., is -
a) nuisance in law.
b) nuisance in fact.
c) both, a), and b).
d) either a), orb).
359. Which of the following can be done under Section 94 of C.P.C. ?
a) i~.suance of warrant of arrest against the defendant.
b) attachment of any property.
c) grant of temporary injunction.
d) all the above.
360. A Warrant of arrest before judgment against a defendant can 'be issued under Order
XXXVIII, Rule 1 of C.P.C. -
a) if the defendant has absconded or left the local limits of the jurisdiction of the Court.
b) if the defendant is about to abscond or leave the local limits of jurisdiction of the Court.
c) if the defendant removes the property outside the local limits of the jurisdiction of the
court.
d) all the above.
361. Security for appearance can be required to be furnished by the defendant under -
a) Order XXXVIII, Rule 1 of C.P.C.
b) Order XXXVIII, Rule 2 of C.P.C.
c) Order XXXVIII, Rule 3 of C.P.C.
d) Order XXXVIII, Rule 4 of C.P.C.
362. When the defendant fails to furnish the security demanded from him, he
can be detained in prison for a maximum period of -
a) two weeks.
b) six weeks.
c) six months.
d) two months.
363. In cases where the amount or value of the subject matter of the suit does not exceed fifty
rupees, the period of detention under Order XXXVIII, Rule 4 of C.P.C. cannot -
a) exceed two weeks.
b) exceed six weeks.
c) exceed two months.
d) exceed three months.
364. Attachment before judgment can be ordered under -
a) Order XXXVIII, Rule 1 of C.P.C.
CPC 161. Author - Pro£ Prakash K. MokaL
b) Order XXXVIII, Rule 3 of C.P.C.
c) Order XXXVIII. Rule 5 of C.P.C.
d) Order XXXVIII, Rule 7 of C.P.C.
365. Attachment before judgment can be removed under Order XXXVIII, Rule 9 of C.P.C.
a) on dismissal of the suit.
b) on furnishing of security required by the defendant.
c) on a), and b), both.
d) only a), and not b).
366. Attachment before judgment, in a suit dismissed in default -
a) revives automatically on the restoration of the suit.
b) does not revive automatically on the restoration of the suit.
c) may or may not revive depending on the facts and circumstances of the case.
d) neither a), nor b).
367. Attachment before judgment under Order XXXVIII, Rule 5 of C.P .C. can be in respect of-
a) movable property.
b) immovable property.
c) both a) and b).
d) only b) and not a).
368. Attachment of an Immovable property can be ordered by
a) a civil court of competent jurisdiction only.
b) a Court of Small Causes only.
c) both, a), and b).
d) neither a), nor b).
369. Which of the following cannot be attached before Judgment -
a) agricultural produce.
b) production of agricultural produce.
c) both, a), and bl.
d) only b), and not a).
370. In which of following suits attachment before judgment can be ordered?
a) suit for possession of immovable property.
b) suit for partition of immovable property.
c) suit for determination of right or interest in immovable property.
d) suit for compensation for wrong to immovable property.
371. .- Civil Procedure Code Provides for -
a) temporary injunction.
b) permanent injunction.
c) mandatory injunction.
d) all the above.
372. Temporary injunction can be granted under -
a) Order XXXIX, Rule 1 of C.P.C.
b) Order XXXIX, Rule 2 of C.P.C.
c) Order XXXIX, Rule 3 of C.P.C.
d) Order XXXIX, Rule 4 of C.P.C.
373. Injunction to restrain repetition or continuance of breach is provided under -
a) Order XXXIX, Rule 1 of C.P.C.
b) Order XXXIX, Rule 2 of C.P.C.
c) Order XXXIX, Rule 3 of C.P.C.
CPC. 162. Author - Prof. Prakash K. Mokal

d) Order XXXIX, Rule 5 of C.P.C.

374. A temporary injunction can be granted to a party establishing -
a) a prima /acie case in his favour.
b) balance of convenience in his favour.
c) irreparable injury to him in the event of non-grant of injunction.
d) all the above.
375. Temporary injunction can be granted -
a) ex parte.
b) only after service of notice to the other party.
c) only after hearing both the parties.
d) all the above. I
376. Consequences of disobedience or breach of injunction have been provided under -
a) Order XXXIX, Rule 2-A of C.P.C.
b) Order XXXIX, Rule 2 of C.P.C.
c) Order XXXIX, Rule 3 of C.P.C.
d) Order XXXIX, Rule 5 of C.P.C.
377. Unde:r Order XXXIX, Rule 2-A, a person guilty of disobedience or breach can be penalised by

a) attachment of property.
b) detention in civil imprisonment.
c) either a), or b), or both.
d) only a), and not b).
378. Period of detention In civil imprisonment under Order XXXIX, Rule 2-4 of C.P.C. shall not-
a) exceed ·six months.
b) exceed three months.
c) exceed two months.
d) exceed one month.
379. Attachment of property attached shall remain operative under Order XXXIX, Rule 2-A of
CPC for a period of -
a) three years.
b) two years.
c) one year.
d) six months.
380. An application for grant of temporary injunction shall be decided, in cases of grant of ex
parte temporary injunction, as provided under Order XXXIX, Rule 3-A of C.P.C., within -
a) thirty days.
b) forty five days.
c) sixty days.
d) ninety days.
381. Order XXXIX, Rule 4 of C.P.C. provides for-
a) discharge of the order of injunction.
b) setting aside of the order of injunction.
c) variation in the order of injunction.
d) all the above.
382. Temporary injunction granted after hearing the parties, shall be operative -
a) till the final disposal of the suit.
b) till the settlement/framing of issues.
CPC 163. Author - Prof. Prakash K. Mokal
· c) till the conclusion of the plaintiff's evidence.
d) till the completion of pleadings.
383. Appointment of receiver has been dealt with under -
a) Order XLIV.
b) Order XLII.
c) Order XL.
d) Order XLV.
384. Receiver can be appointed for the purposes of -
a) protection of rights of the parties to the suit.
b) prevention of iniurv to the subject matter of the suit.
c) both, a), and b).
d) neither a), nor b).
385. A receiver Is an -
a) officer of the Court.
b) agent of the plaintiff.
c) agent of the defendant.
d) agent of the parties to the suit.
386. A receiver appointed in respect of any property under Order XL of C.P.C. -
· a) has a right to deal with the property, the way he likes generally.
b) has a right to deal with the property only with leave of the Court.
c) has a right to deal with the property without the leave of the Court.
d) bo.th, a), and c).
387. A receiver can be appointed -
a) during the pendency of proceedings.
b) after the termination of proceedings.
c) both, a), and b).
d) either a), orb).
388. Appointment of a receiver -
a) can be claimed as a matter of right.
b) is mandatory.
c) is discretionary.
d) is prohibitory.
389. A receiver -
a) can be sued generally for acts done in his official capacity by a third party.
b) cannot be sued at all for acts done in his official capacity by a third party.
c) can sue and can be sued for acts done in his official capacity by a third party only with the
leave of the court appointing him.
d) can sue without the leave of the court but cannot be sued without the leave of the court
appointing him.
390. Which of the following Is Incorrect ?
a) property in the hands of the receiver cannot be attached without the permission of the
Court appointing him.
b) receiver can purchase the property in respect of which he has been appointed as receiver.
c) if the receiver fails to account for the gain and loss and loss ensued by his conduct, the loss
so occasioned can be made good by attaching and sale of receiver's personal property.
d) all the above.
CPC 164. Author - Prof; Prakash K. Mokal

391. If anyone interferes with the possession of the receiver appointed under Order XL of
C.P.C., contempt proceedings against such a person can be initiated by -
a) the Court.
b) the receiver or a party to the suit.
c) the receiver only.
d) either a), or c).
392. A receiver can be appointed for better custody or management of -
a) movable property.
b) immovable property_.
c) both, a), and b).
d) only b), and not a). I
393. A receiver cannot be appointed -
a) when no harm is going to be caused to any party by such appointment.
b) whel') the property is in possession of a party to the suit.
c) both, a), and b).
d) neither a), nor b).
394. In which of the following suits, a receiver can be appointed ?
a) suit for dissolution of partnership.
b} suit for partition of joint family property.
c) suit for foreclosure or sale of a mortgaged property.
d) only al. and c).
395. Notice under Section 80 of C.P .C. has to be served on -
a) the Secretary to the Government.
b) the Deputy Commissioner.
c) the President of India.
d) the Prime Minister of India.
396. Notice under Section 80 of C.P.C, when it relates to railways, has to be served on -
a} the Secretary, Railways.
b) the Minister, Railways.
c) the General Manager, Railways.
d) either a}, orb), or c}.
397. A suit through 'next friend' can be filed by -
a) a minor.
b) a lunatic.
c) both, a), and b).
d) only b}, and not a).
398. 'Next friend' Is -
a) a local commissioner.
b) a receiver.
c) a person defending a suit on behalf of the minor.
d) a person filing a suit on behalf of a minor.
399. 'Guardian at /item' -
a) is a person defending a suit on behalf of a minor.
b) a receiver.
c) a local commissioner.
d) all the above.
CPC 165. Author - Prof. Prakash K. MokaL
400. A suit instituted by a minor or a lunatic without a next friend, under Order XXXII, Rule
2 of C.P.C., the same is liable to be -
a) struck.
b) stayed.
c) proceeded with in ordinary course.
d) proceeded with if the defendant consents.
401. A person can act as a 'next friend' if he is -
a) major.
b) sound mind.
c) not having any interest adverse to that of a minor or lunatic residing in India.
d) fulfilling all the three requirements.
402. Provisions relating to suit by or against a minor, are contained in -
a) Order XXXIII of C.P.C.
b) Order XXXII of C.P.C.
c) Order XXXI of C.P.C.
d) Order XXXIV of CPC.
403. On the retirement, removal or death of a 'next friend', under Order XXII, Rule 10 of
C.P.C., the suit is liable to be -
a) stayed.
b) dismissed.
c) rejected.
d) either a), orb) or c).
404. A person can be appointed as a guardian under Order XXII, Rule 4 of C.P.C. -
a) on his oral consent.
b) on his+onsent in writing.
c) either ai, orb).
d) neither a), nor b).
40S. A 'next friend' or guardian, under Order XXII, Rule 7 of C.P.C.
a) can enter into an agreement without the leave of the Court but cannot compromise a suit.
b) can neither enter into an agreement nor compromise the suit on behalf of the minor
without the leave of the Court.
c) cannot enter into an agreement without leave of the Court but enter into a compromise.
d) can enter into an agreement and also compromise in a suit on behalf of a minor without
the leave of the Court.
406. An agreement entered into or compromise, on behalf of a minor without the leave of the
Court, under Order XXII, Rule 7 of C.P.C. is -
a) valid.
b) void.
c) voidable against all the parties other than the minor.
d) voidable against all the parties including the minor.
407. A 'next friend' or pardlan, of a minor, In a suit-
a) stands discharged automatically on attaining majority.
b) can be discharged if the minor on attaining majority elects to continue with the suit applies
for the discharge.
c) can be discharged if the minor on attaining majority elects to continue with the suit but
does not apply for the discharge of next friend or guardian.
d) all the above.
 CPC 166. Author - Prof. Prakash K. Mokal
408. A 'next friend', under Order XXII, Rule 8 of C.P.C., can retire-
a) without first procuring a fit person to replace him but not without giving security for costs
already incurred.
b) not without first procuring a fit person to replace him and also not without furnishing
security for costs already incurred.
c) not without first procuring a fit person to replace him but without furnishing security for
costs already incurred.
d) without first procuring a fit person to replace him and without furnishing security for costs
already incurred.
409. Under Order XXII, Rule 9 of C.P.C., a 'next friend' of a minor can be removed -
a) if he ceases to reside in India during the pendency of the suit.
b) where the interest of next friend becomes adverse to that of the minor.
c) where the next friend does not do his duty.
d) all the above.
410. Provisions relating to suits by indigent persons are contained in -
a) Order XXXII of C.P.C.
b) Order XXXIII of C.P.C.
c) Order XXXIVof C.P.C.
d) Order XXXV of CPC.
411. A person is an indigent person within the meaning of Order XXX, Rule 1 of C.P.c., if he is
not possessed of -
a) sufficient means to pay the fee payable on the plaint.
b) any means to pay the fee payable on the plaint.
c) sufficient means for his livelihood.
d) all the above.
412. Application for permission to sue as a pauper is to be presented by -
a) person himself.
b) an authorised agent.
c) either a) orb).
d) only a) and not b).
413. While determining 'sufficient means' of a person -
a) property exempt from attachment in execution of a decree is to be excluded.
b) property exempt from attachment in execution of a decree is not to be excluded.
c) property exempt from attachment in execution of a decree may or may not be excluded.
d) none of the above.
414. A permission to sue as pauper once granted, under Order XXXIII, Rule 9 of C.P.C. -
a) can never be withdrawn.
b) can-be withdrawn generally.
c) can be withdrawn under certain circumstances only.
d) either a), or b).
415. Under Order XXXIII, Rule 9 of C.P.c., permission to sue as pauper can be withdrawn -
a) if the plaintiff is guilty of vexatious or improper conduct in the course of the suit.
b) if the plaintiff has entered into an agreement with reference to subject-matter of the suit
creating an interest in that person.
c) both, a), and b).
d) neither a), nor b) .

..,
 CPC 167. Author - Prof. Prakash K. MokaL
416. If a plaintiff succeeds in the suit permitted to be instituted as pauper, under Order
XXXIII, Rule 10 of C.P.C., the fee payable on the plaint shall be recoverable from•-
. a) the plaintiff.
b) the defendant.
c) any party ordered by the decree to pay the same.
d) only plaintiff end none else.
· 417. If a pauper suit abates on the death of the plaintiff, under Order XXXIII, Rule 11-A of
C.P.C., the fee payable on the plaint shall be recoverable from -
a) the defendant.
b) the estate of the deceased plaintiff.
c) the public exchequer.
d) either a), orb), or c).
418. Rejection of an application for permission to sue as a pauper -
a) bars a fresh application on the same cause of action.
b) does not bar a fresh application as the same cause of action if moved alongwith amended
schedule of property.
c) does not bar a fresh application on the same cause of action with the leave of the court.
d) does not bar a fresh application at.all.
419. In case the application for permission to sue as pauper is allowed, the suit Is deemed to
have been instituted -
a) on the date of presentation of the application for permission to sue as a pauper.
b} on the date on which the permission to sue as a pauper granted.
c) either a), or b) as directed by the Court.
d) only b), and not a).
420. In case the application for permission to sue as pauper is rejected, the suit is deemed to
have been instituted, under Order XXXIII, Rule 15-A
of C.P.C. -
a) on the date on which the permission to sue as pauper refused.
b) on the date on which the Court fee is paid.
c) on the date on which the application for permission to sue as pauper was presented.
d) either a), orb), or c) as directed by the Court.
421. Permission under Order XXXIII of C.P.C. can be granted-
a) to sue.
b) to plead a set-off.
c) to plead a counter-claim.
d) all the above.
422. Summary procedure In relation to suits has been provided under -
a) Order XXXVof C.P.C.
b) Order XXXVil of C.P.C.
c) Order XXXVIII of C.P.C.
d) Order XLIV of C.P.C.
423. A suit under Order XXXVII can be flied In -
a) Courts of Small Causes.
b) City Civil Courts.
c) High Courts.
d) all the above.
424. A suit under Order XXXVII can be flied on the basis of -
CPC 168. Author - Prot Prakash K. MokaL
a) bills of exchange.
b) hundies.
c) promissory notes.
d) all the above.
425. A suit under Order XXXVII cannot be flied on the basis of -
a) an enactment.
b) a guarantee.
c) both, a), and b).
d) neither a), nor b).
426. In cl suit under Order XXXVII, Rule 2 of C.P .C., the defendant has to put in appearance
within-
I
a) 10 days of service of summons.
b) 15 days of service of summons.
c) 30 days of service of summons.
d) 60 days of service of summons.
427. Delay in putting in the appearance in a suit under Order XXXVll-
a) cannot be condoned.
b) can be condoned as a matter of right.
c) can be condoned on sufficient cause being shown.
d) either a), orb).
428. Defendant has to seek leave to defend the suit under Order XXXVII, Rule 3 of C.P .C. -
a) within 60 days of service of summons for judgment.
b) within 30 days of service of summons for judgment.
c) within 10 days of service of summons for judgment.
d) within 7 days of service of summons for judgment.
429. A leave to defend may be -
a) refused.
b) granted unconditionally.
c) granted conditionally.
d) either a), orb), or c).
430. The delay in applying for leave to defend -
a) can be condoned generally.
b) can be condoned on a sufficient cause being shown.
c) cannot be condoned under any circumstances.
d) either a), orb).
431. Under Order XXXVII, Rule 3 of C.P.C., the delay upto-
a) 10 days is condonable.
b) 30 days is condonable.
c) 90 days is condonable.
d) no limit has been prescribed.
432. If a defendant fails to put in appearance or fails to apply for leave within the statutory
period, the suit is liable to be -
a) stayed.
b) dismissed.
c) decreed.
d) either a), orb).
433. Period of limitation for filing a summary suit Is -
 CPC 169. Author - Prof. Prakash K. Mo/cal
a) 6 months from the date when the debt becomes due and payable.
b) one year from the date when the debt becomes due to payable.
c) two years fr.om the date when the debt becomes due and payable.
d) three years from the date when the debt becomes due and payable.
434. Rightto appeal is -
a) statutory right.
b) natural right.
c) inherent right.
d) all the above.
435~ Right to appeal is to be governed by -:-
a) the law prevailing at the time of pronouncement of judgment. •
b) the law prevailing at the time of institution of the suit.
c) the. law prevailing on the date of appeal.
d) the law prevailing on the last day of limitation for filing an appeal.
. 436. Right to appeal from every original decree has been provided under -
a) Section 94 of C.P.C.
b) Section 95 of C.P.C.
c) Section 96 of C.P.C.
d) Section 100 of C.P.C.
437. Under Section 96 of C.P.C., no appeal can be filed-
a) against a compromise decree.
b) against a decree in any suit cognizable by the Courts of Small Causes, except on a question
of law.
c) both, a), and b).
d) only a) i$ correct, and b) is incorrect.
438. Under Section 96, an appeal can be preferred against a decree -
a) by parties to the suit.
b) by strangers/third parties generally.
c) by the strangers to the suit with the leave of the Court.
d) all the above.
439. An appeal from a decree passed in appeal has been provided under -
a) Section 97 of C.P.C.
b) Section 98 of C.P.C.
c) Section 99 of C.P.C.
d) Section 100 of C.P.C.
440. Under Section 100 of C.P.C., second appeal lies to -
a) the Court of the District Judge.
b) the High Court.
c) the Supreme Court.
d) either a), orb), or c).
441. Second appeal under Section 100 of C.P.C. lies-
a) on question of facts.
b) on substantial questions of law.
c) on mixed question of law and fact.
d) all the above.
442. Provisions relating to appeal from original decree are contained In -
a) Order XL of C.P.C.
CPC 170. Author - Prof. Prakash K. MokaL
b) Order XU of C.P.C.
c) Order XLII of C.P.C.
d) Order XLVII of C.P.C.
443. Under Section 100 of C.P.C., a second appeal can be -
a) partly admitted and partly rejected.
b) admitted in its entirety.
c) rejected in totality.
d) either b}, or c}.
444. Which of the following is incorrect ?
a) second appeal lies in a suit cognizable by the Courts of Small Causes, when the subject-
matter of original suit does not exceed Rs. 3000/-.
I
b) no second appeal lies in a suit cognizable by Courts of Small Causes when the subject
matter of original suit does not exceed Rs. 3000/-.
c) in secbnd appeal, the High Court may determine any question which has noJ been_
determined or wrongly determined by the Courts below.
d) both a) and b).
445. Appeals can be preferred against-
a) decree.
b) order.
c) both, decree, and order.
d) only decree and not order.
446. Pauper appeals have been provided under -
a) Order XLII of C.P.C.
b) Order XLIII of C.P.C.
c) Order XLIV of C.P.C.
d) Order XLV of C.P.C.
447. A reference under Section 113 of C.P .C., can be made to the -
a) Court of District Judge.
b) High Court.
c) Supreme Court.
d) all the above.
448. Reference means -
a) the orders given by the High Court to the Courts subordinate to the High Court.
b) the opinion sought of the High Court by the Courts subordinate thereto on a question of
law.
c) the opinion sought of the High Court by the Courts subordinate thereto on a question of
fact.
d) none of the above.
449. Review of a judgment has been provided under -
a) Section 112 of C.P.C.
b) Section 114 of C.P.C.
c) Section 115 of C.P.C.
d) Section 116 of C.P.C. .
450.. A Judgment passed by a Court can be reviewed -
a) by the Court passing the judgment.
b) by the Court of District Judge.
c) by the High Court.
CPC 171. Author - Prof. Prakash K. MokaL
d) by the Supreme Court.
·451. Review is maintainable -
a) when an appeal is provided, but no appeal preferred.
b) when no appeal is provided.
c) both, a), and b).
d) only a), and not b).
452. Grounds for review have been provided under -
a) Order 47, Rule 1 of C.P.C.
b) Order 42, Rule 1 of C.P.C.
c) Order 43, Rule 1 of C.P.C.
d) Order 44, Rule 1 of C.P.C.
453. A judgment can be reviewed on the ground of -
a) discovery of new and important evidence, not within the knowled:ge of the party
concerned.
b) mistake of error of fact or law on the face of the record:
c) both, al, and b).
d) neither a), orb).
454. Section 115 of C.P.C., provides for-
a) reference.
b) review.
c) revision.
d) appeal to the Supreme Court.
455. Under Section 115 of C.P.C., the revisional jurisdiction is with-
a) the High Court.
b) the Co"rt of the District Judge.
c) the Couit of Small Causes.
d) all the above.
456. Section 115 applies to -
a) exercise of jurisdiction not vested in a Court.
b) non-exercise of jurisdiction vested in a Court.
c) irregular exercise of jurisdiction vested in a Court.
d) all the above.
457. Remedy of revision is not available -
a) in order from which an appeal lies.
b) in interlocutory order.
c) both, a), and b).
d) neither a) nor b).
458. Doctrine of restitution is contained in -
a) Section 144 of C.P.C.
b) Section 145 of C.P.C.
c) Section 148 of C.P.C.
d) Section 149 of C.P.C.
459. Section 144 of C.P.C. -
a) confers a new substantive right.
b) is exhaustive.
c) is equitable in nature.
d) all the above.
CPC 172. Author - Prof. Prakash K. MokaL
460. Restitution under Section 144 of C.P .C. can be -
a) against a party to the suit.
b) against sureties.
c) both, a), and b).
d) neither a), nor b).
461. Right to lodge a caveat has been provided under -
a) Section 148 of C.P.C.
b) Sei:tion 148-A of C.P.C.
c) Section 148-B of C.P .C.
d) Section 147 of C.P.C.
462. A caveat shall not remain in force after the expiry of-
a) 30 days.
b) 60 days.
c) 90 days.
d) 180 days.
463. Lodging of caveat under Section 148-A of C.P .C. -
a) entitles the caveator to receive notice of the application.
b) makes the caveator a party to the suit.
c) both, a), and b).
d) neither a), nor b).
464. Court fee on a plaint can be permitted to be paid on a subsequent date under -
a) Section 148 of C.P.C.
b) Section 149 of C.P.C.
c) Section 151 of C.P.C.
d) Section 153 of C.P .C.
465. Under Section 149 of C.P.C., on payment of court fee on a subsequent date -
a) the document shall have the same effect on if the court fee were paid at the first instance.
b) the document shall not have the same effect on if the court fee were paid at the first
instance.
c) the document shall have the effect as directed by the Court.
d) either a), orb).
466. Inherent powers of the Court are contained in -
a) Section 151 of C.P.C.
b) Section 152 of C.P.C.
c) Section 153 of C.P.C.
d) Section 150 of C.P.C.
467. Inherent powers under Section 151 of C.P.C. are-
a) discretionary in nature.
b) in addition to the power conferred under the other provisions of the Code.
c) both, a), and b).
d) only a), and not b).
468. Appeal from original decree lies -
a) on question of facts.
b) on question of law.
c) both question of law and question of facts.
d) all the above.
CPC ·173. Author - Prof; Prakash K. MokaL
469. A letter of request under Section 77 of C.P.C., to examine a witness can be issued by the
Court-
a) in lieu of issuing a Commission.
b) in addition to issuing a Commission.
c) either a), orb).
d) neither a), nor b).
470. A letter of request in lieu of issuing a Commission to examine a witness, under Section 77
of C.P.C. can be issued in respect of a person -
a) residing at any place within India.
b) not ordinarily residing at any place within India .
c) residing at any place not within India.
d) either a), orb), or c).
471.· Where a decree is passed against the Union of India or a State for the act done in the
official capacity of. the officer concerned· under Section 82 of C.P.C., execution shall not be
issued on any such decree - · ·
a) unless the decree remains unsatisfied for a period of three months from the date of the
decree.
b) unless the decree remains unsatisfied for a period of six months from the date of the
decree.
c) unless the decree remains unsatisfied for a period of one year from the date of the decree.
d) unless the decree remains unsatisfied for a period of two years from the date of the
decree.
472. Who amongst the following under Section 83 of C.P.C. cannot sue in
any Court?
a) alien enemy residing in India with the permission of the Central Government.
b) alien enemy residing in a foreign country.
c) alien friend.
d) neither a), nor b), nor c).
473~ Under Section 83 of C.P.C., an alien enemy residing In India. without the permission of the
Central Government
a) can sue in any Court only with the permission of the Central Government
b) can sue in any Court with the permission of the State Government of the State where he is
residing.
c) either a) orb).
d) cannot sue in any Court at all.
474. Section 89 of C.P.C. provides for-
a) settlement of dispute outside Court.
b) settlement of dispute through Court.
c) settlement of dispute through village panchayat.
d) all the above.
475. Under Section 89 of C.P.C., the Court can refer the dispute for settlement outside the Court

a) if the dispute is of short term.

b) if there exist elements of settlement which may be acceptable to the parties.
c) either a), orb).
d) neither a), nor b).
476~ Where a dispute is referred by the Court under Section 89 of C.P.C., for mediation, the
proceedings shall be governed by -
CPC 174. Author - Prof. Prakash K. MokaL
a) the provisions of the Arbitration and Conciliation Act, 1996.
b) the provisions of the Legal Services Authorities Act, 1987.
c) either a), or b).
d) neither a), nor b).
477. Where, in any suit in which an arrest or attachment bas been effected or a temporary
injunction granted, the Court, under Section 9S of C.P.C., can order for payment of
compensation to the defendant against the plaintiff in case -
a) where such arrest, attachment or injunction was applied for on insufficient grounds.
b) where the suit of the plaintiff fails and it appears that there was no reasonable or probable
grounds for instituting the same.
c) either a), orb).
d) only b), and not a).
478.
,s
Where an order for compensation against the plaintiff is passed under Section 9S of
C.P.C., Section (2) of C.P.C. provides that-
. a) a suit for compensation in respect of such arrest, attachment or injunction, lies.
b) a suit for compensation in respect of such arrest, attachment or injunction, is barred,
c) the amount of compensation awarded shall be adjusted in the amount of compensation
awarded in a suit for compensation in respect of such arrest, attachment or injunction.
d) the amount of compensation awarded shall be of no consequences and the court can
award compensation independently in a suit for compensation in respect of such arrest,
attachment or injunction.
479. No appeal can be filed, as provided under Section 96 (4) of C.P.C., against a decree in
any suit cognizable by the Court of Small Causes except on a question law, where the value of
the subject-matter of the original suit does not exceed -
a) Rs.3,000/-.
b) Rs.5,000/-.
c) Rs.10,000/-.
d) Rs.25,000/-.
480. Under Order IV, Rule 1 (3) of C.P.C., a plaint shall not be deemed to be property
instituted if it does not comply with the rules contained in -
a) Order IV, Rule 1 (1) and 1 (2) of C.P.C.
b) Order VI of C.P.C.
c) Order VII of C.P.C.
d) either a), orb), or c). .
481. Order V, Rule 9 (3) of C.P.C. provides for service of summons to the defendant by-
a) registered post acknowledgement due.
b) speed post.
c) courier services.
d) either a), orb), or c).
482. Under Order V, Rule 9 (3) of C.P.C., summons to defendant can be served through-
a) courier services.
b) fax messages or electronic mail services.
c) either a), orb).
d) neither a), nor b).
483. Under Order V, Rule 9-A of C.P.C., summons for serving on the defendant, can be <felivered
to-
a) the courier services.
b) the plaintiff.
CPC 175. Author - Prof; Prakash .K. MokaL
c) the process officer.
d) either a), orb), or c).
484. Dast/ summons for serving on the defendant can be given to the plaintiff by the virtue of -
. a) Order V, Rule 9-A of C.P.C.
\ b) Order V, Rule 9 of C.P.C.
c) Order V, Rule 7. of C.P.C.
d) Order V, Rule 6 of C.P.C.
485. Summons for serving on the defendant can be issued and delivered to the plaintiff under
Order V, Rule 9-A of C.P.C. -
a) in lieu of summons issued and delivered under Order V, Rule 9 of C.P.C.
b) in addition to the summons issued and delivered under Order V, Rule 9 of C.P.C.
c) after the summons issued and delivered ·under Order V, Rule 9 of C.P.C,. remained
unserved.
d) after the summons issued and delivered under Order V, Rule 9 of CPC, has been refused.
486. Under Order V, Rule 9-A of C.P.C., where the summons has been issued and delivered to
the plaintiff for service on defendant(s), is refused unserved with the endorsement 'refused', the
Court-
a) shall declare that the summons has been duly served on the defendant(s).
b) may declare that the summons had been duly served·on the defendant(s).
c) re-issue the summons to be served by the Court.
d) either b), or c).
487. The provision for substituted service of summons on the defendant(s) had been made
under-
a) Order V, Rule 19 of C.P.C.
b) Order V, Rule 19-A of C.P.C.
c) Order V, Rule 20 of C.P.C.
d) Order V, Rule 21 of C.P.C.
488. Where the defendant resides out of India, the summons shall be addressed and sent to
him under Order V, Rule 25 ofC.P.C. -
a) through Post.
b) through any Court having jurisdiction in the place where the defendant resides.
c) through the High Court in the place where the defendant resides.
d) either a), or b), or c).
489. ;. Under Order VI, Rule 17 of C.P..C., an application for amendment of pleadings can be
allo~ed-
a) before the commencement of trail. J

b) after the commencement of trial.

c) either before or after the commencement of trial.
d) no such condition is required.
490. Under Order VI, Rule 18 of C.P.C., the time limit for the purpose of carrying on the
amendment in the pleading, by the order of the Court -
a) can be extended upto a maximum period of 14 days from the date of order, if no time is
limited.
b) can be extended upto a maximum period of 30 days from the date of order, if no time is
limited.
c) can be extended without any maximum limit.
d) cannot be extended at all.
CPC 176. Author - Prof. Prakash K. Mokal

491. Where the Court orders for issuance and service of summons on the defendant(s), under
Order VII, Rule 9 of C.P.C., the plaintiff is required to present the copies of the plaint along
with the requisite -fee, within ~
a) 7 days of the order.
b) 10 days of the order.
c) 14 days of the order.
d) 15 days of the order.
492. A private transfer or delivery of the property attached made in pursuance of any
contract for such transfer or delivery entered into an agreement registered before the
attachment, by virtue of Section 64 (2) of C.P.C. shall be -
a) void.
b) voidable.
c) valid.
d) invalid.
493. a
Where plaintiff fails to present the required copy/copies of the plaint along with the
requisite fee within the prescribed period under Order VII, Rule 9 of CPC from the date of the
order of serving of summons on the defendant, the plaint is liable to be
a) rejected.
b) dismissed for non-prosecution.
c) dismissed in default.
d) neither a), nor b), nor c).
494. A defendant is required to file a written statement of his defence within 30 days from the
date of service of summons as provided under -
a) Order V, Rule 1 of C.P.C.
b) Order VIII, Rule 1 of C.P.C.
c) both, al, and b).
d) orly b), and not a).
495. If a clefendant fails to file the written statement within 30 days from the date of service of
summons, the Court for the reasons to be recorded in writing, can allow him to file the same,
within-
a) 90 days from the date of service of summons.
b) 90 days from the date of expiry of 30 days from the date of service of summons.
c) 90 days from the date of the institution of the suit.
d) 30 days from the date of expiry of 30 days fr~m the date of service of summons.
496. In case of failure of the defendant to file the written statement within 30 days from the
date of service of summons, the Court can allow the defendant to file the same at a later date as
prescribed under -
a) Order V, Rule 1 of C.P.C.
b) Order VIII, Rule 1 of C.P.C.
c) both, a), and b).
d) only a),· and not b).
497. Under Order VIII, Rule 1A of CPC, if a document is not flied along with the pleadings, at the
hearing of the suit, such document shall not, without the l~ave of the court, be allowed to be
received in evidence -
a) on behalf of the plaintiff.
b) on behalf of the defendant.
c) on behalf of either plaintiff or defendant.
d) on behalf of a third party.
 CPC 177. Author - Prof. Prakash K. MokaL
498. Where a defendant has not filed a document(s) along with the written statement, under
Order VIII, Rule 1A (4) of C.P.C., the defendant is-
a) precluded from producing the same for the cross-examination of plaintiffs witnesses .
. b) precluded from handing over the same to the witness to refresh his memory.
·c) both, a), and b).
d) neither a), nor b).
499. Subsequent to the filing of written statemen't, under Order VIII, Rule 9 of C.P.C., the
defendant-
a) can file the pleadings by way of defence of set-off or counter-claim without the leave of
the Court.
b) can file the pleadings by way of defence of set-off or counter-claim only with the leave of
the Court.
c) cannot file any pleadings by way of defence of set-off or counter-claim at all.
d) only c), and not a) orb).
500. When the Court requires a written statement or additional written statement from any of
the parties, under Order VIII, Rule 9 of C.P .C., the same can be presented within -
a) 30 days from the date of the order.
b) 15 days from the date of the order.
c) 14 days from the date of the order.
d) 7 days from the date of the order.
· 501. Where the plaintiff fails to pay the court-fee or postal charges or to present the copies of
the plaint, for service of summons to the defendant, but the defendant appears in person, the
suit of the plaintiff is liable to be -
a) rejected under Order VII, Rule 11 of C.P.C.
b) dismissed for non-prosecution under Order IX, Rule 2 of C.P.C.
c) dismissechjn default under Order IX, Rule 3 of C.P .C.
d) either a), orb), or c).
502. A fresh suit on the same cause of action Is not barred when -
a) rejected under Order VII, Rule 11 of C.P.C.
b) dismissed under Order IX, Rule 2 of C.P.C.
c) dismissed under Order IX, Rule 3 of C.P.C.
d) either a}, orb), or c).
503. Where a summons to the defendant(s) is returned unserved, under Order IX, Rule 5 of
C.P~C., the plaintiff has to apply for issuance of fresh summons to the defendant(s) within -
a) 14 days of the return.
b) 7 days of the return.
c) one month of the return.
d) 15 days of the return.
504. Where the summons to the defendant(s) is returned unserved and the plaintiff fails to
apply for issuance of fresh summons to the defendant within 7 days of the return, the suit of the
·plaintiff is liable to be -
a) rejected under Order VII, Rule 11 of C.P.C.
b) dismissed under Order IX, Rule 2 of C.P.C.
c) dismissed under Order IX, Rule 5 of C.P.C.
d) either a), orb), or c).
505. Where a suit of the plaintiff is dismissed under Order IX, Rule 5 of C.P~C, a fresh suit on
the same cause of action is -
a) barred under Order IX, Rule 9 of C.P.C.
CPC 178. Author - Prot; Prakash K. MokaL '
b) not barred under Order IX, Rule 9 of C.P.C.
c} barred under Order IX, Rule 5 (2) of C.P.C.
d) not barred under Order IX, Rule 5 of C.P.C.
506. Under Order X, Rule 1-A of C.P.C., the Court can direct the parties to opt for any one
mode of alternate dispute resolution -
a) at any stage of the proceedings.
b) after recording the admissions and denials.·
c) before recording the admissions and denials.
d) immediately on filing of the written statement by the tJefendant(s).
507. A party can be caHed upon, to admit any document, by notice as provided under -
a) Order XII, Rule 2 of C.P.C. I
b) Order XII, Rule 1 of C.P.C.
c) Order XII, Rule 4 of C.P.C.
d) Order XII, Rule 3 of C.P.C.
508. Under Order XII, Rule 2 of C.P.C., a notice to admit any document can be given by --
a} plaintiff to the defendant.
b) defendant to the plaintiff.
c) either party to the other party.
d) only a), and not b) or c).
509. The time to be given to a party to admit any document, when called upon by the other
party by notice, under Order XII, Rule 2 of CPC, is -
a) 15 days from the date of service of notice.
b) .7 days from the date of service of notice.
c) :LO days from the date of service of notice.
d) 30 days from the date of service of notice.
510. Any party to the suit, for the purpose of the suit only under Order XII, Rule 4 of C.P.C. -
a) can be called upon by the other party to admit facts.
b) can be called upon by the other party to admit any document.
c) can be called upon by the other party to produce the documents.
d) neither a), or b), or c) ..
511. When a party is called upon by notice to admit fact(s) by the other party, under Order
XII, Rule 4 of the C.P.C., the party on whom the notice has been served bas to admit the facts
within-
a) 15 days of the service of notice.
b) 9 days of the service of notice.
c) 7 days of the service of notice.
d) 6 days of the service of notice.
512. Admission of fact(s) once made under Order XII, Rule 4 of the CPC, can be allowed to be -
a) amended.
b) withdrawn.
c) either a), orb).
d) neither a), nor b).
513. Order XII, Rule 8 of the C.P .c. pertains to -
a) notice to admit document{s).
b) notice to admit fact{s).
c) notice to produce document(s).
d) both, a), and b).
514. Under Order XIII, Rule 1 of the C.P .C., -
CPC' 179. Author - Prot: Prakash K. MokaL
a) that documentary evidence in original, shall be admitted the copies of which ·have been
filed along with the plaint or the written statement.
b) that documentary evidence in original, shall be admitted the copies of which may not have
been filed along with the plaint or the written statement. .
c) that documentary evidence in original shall be admitted which was in possession of the
parties through the copies of the same may not have been filed along with the plaint or the
written statement.
d) all the above.
515. Documents which are not admitted In evidence under Order XIII, Rule 7 of the C.P.C., shall -
a) form part of the record.
b) not form part of the record and shall be returned to the party in whose name the same
stand.
c) not form part of the record and shall be returned to the person{s) producing them.
d) either b), or c).
516. The expenses of a witness for whom the summons have to be obtained, is to be, under
Order XVI, Rule 2 of the C.P.C., borne-
a) by the plaintiff.
b) by the defendant.
c) by the party applying for the summons.
d) by the Court.
517. Order XVII, Rule 1 of the C.P.C., restricts the number of adjournment to be granted to a
partyto-
a) five.
b) four.
c) three.
d) two.
518. The Court under Order XVII, Rule 1 (2) of C.P.C., while granting adjournment can Impose a
cost-
a) occasioned by the adjournment.
b} higher than the one occasioned by the adjournment.
c) either a), ~r b).
d) only a), and not b).
519. - Order XVIII, Rule 2 (3-A) of C.P.C. authorises a party to file -
. a) written arguments before the conclusion of the oral arguments.
b) written arguments after the conclusion of the oral arguments.
c) written arguments either before or after the conclusion of the oral argument.
d) written arguments only without any oral arguments.
520. The propositions are: under Ord.er XVIII, Rule 2 of C.P .C -
I. Written arguments can be flied before the concluslon of oral arguments.
II. A copy of the written arguments shall be furnished simultaneously to the other party.
Ill. Adjournment shall be granted, generally, for the purpose of filing the written
arguments.
IV. The Court cannot fix any time-limit for oral arguments.
Which of the following Is correct in respect of the aforesaid propositions :
a) I & Ill are correct, II & IV are incorrect.
b) I & II are correct, Ill & IV are incorrect.
• c) I & IV are correct, II & Ill are incorrect.
CPC 180. Author - Prot: Prakash K. Mokal
d) Ill & IV are correct, I & II are incorrect.
521. U11der Order XVIII, Rule 4 (1) of C.P .C., the Examination-In-Chief of a witness shall be -
a) recorded by the Judge.
b) recorded by the Commissioner appointed by the Court.
c) on affidavit.
d) either a), orb), or c).
$22. the proof and admissibility of the documents which are flied along with the affidavit,
under Order XVIII, Rule 4 (1) of C.P.C., shall -
a) be subjected to the agreement between the parties.
b) be subjected to the orders of the Court.
c) stand established. I
d) be conclusive.
s2i. The cross-examination of a witness in attendance whose Examination-in-Chief had been
furnished by,aflldavit, under Order XVIII, Rule 4 (2) of C.P.C., shall be taken -
a) by the Court.
b) by the Commissioner appointed by the Court.
c) either a), orb).
d) only a), and not b).
524. Under Order XVIII, Rule 4(4) of C.P.C., the objection raised during the recording of
evidence by the Commissioner -
a) shall be recorded by him and decided by him.
b) shall be recorded by him and decided by the court ::Jt the stage of arguments.
c) shall be recorded by him and referred to the court immediately for deciding further with
the recording of evidence.
d) shall be recorded by him and decided by him in consultation with the court.
525. The Commissioner appointed for the purposes of recording evidence (cross-examination), is
obliged to submit his report to the court appointing the Commission within -
a) 15 days from the date of issue of the Commission.
b) 30 days from the date of issue of the Commission.
c) 60 days from the date of issue of the Commission.
d) 90 days from the date of issue of the Commission.
526. The Commissioner appointed under Order XVIII of C.P.C. for recording of evidence, Is not
empowered to record -
a) re-examination of a witness.
b) decide objections raised during the recording of evidence.
c) both, a), and b).
d) neither a), nor b).
527. Under Order XVIII of C.P.C., a Commissioner cannot be appointed to record-
a) cross-examination of a witness.
b) re-examination of a witness.
c) both, a), and b).
d) neither a), nor b).
528. Order XXVI, Rule 4-A of C.P.C., empowers the court to Issue Commission In a suit, fo.r
examination of a person -
a) resident within the local limits of its jurisdiction.
b) residents beyond the local limits of its Jurisdiction.
c) who is about to leave the local limits of its jurisdiction.
CPC 181. Author - Prot Prakash K. MokaL
d) either a), orb), or c).
529. For the examination of a person who is a resident within the local limits of jurisdiction of a
Court, Commission -
~) can be issued under Order XXVI; Rule 4 of C.P.C.
b) can be issl!ed under Order XXVI, Rule 4-A of C.P.C.
c) can be issued under either a), or b).
d) cannot be issued under either a), or b).
530. Under Order XX, Rule 5 of C.P.C., the Court shall state its finding or decision-
a) only on the issues of law.
b) only on the issues of facts.
c) on each separate issue.
d) only on the issues mixed of law and facts.
531. Order VI, Rule 15 of C.P.C. requires that-
a) the verification of the pleadings, shall be signed by the person making it.
b) the person verifying the pleadings, shall also file an affidavit in support of the verification.
c) either a), orb).
d) both, a). and b).
532. Supreme Court in Which among the following cases observed that C.P.C. Amendment
Act of 1999 and 2002 are constitutionally valid ? -
a) Salem Advocate Bar Association, Tamil Nadu v/s. Union of India.
b) Delhi High Court Bar Association v/s. Union of India.
c) Allahabad High Court Bar Association v/s. Union of India.
d) Punjab & Haryana High Court Bar Association v/s. Union of India.
533. "Recording of evidence can be done with the help of electronic media, audio or audio
visual", which was,affirmed by the Supreme Court in case of Salem Advocate Bar Association,
Tamil Nadu v. Union of India pertains to the year -
a) 2001. b) 2002. c) 2003. d) 2004.

06jectiw QJlestions
on
The Indian Limitation Act, 1963
'Wit6 So{utions
All the Questions given below, are important for All India Bar Exam. (A/BE).
And
J.M.F.C. Examination.
1. Under Section 2 (1) of the Limitation Act, suit includes -
a) appeal.
b) application.
c) both, a), and b).
d) none of the above.
2. Under Section 2 (1) of the Umltatlon Act, suit Includes -
CPC 182. Author - Prof. Prakash K. MokaL
a)appeal.
b) application.
c) execution.
d) none of the above.
3. A time barred debt can be claimed -
a) as a set off.
b) as a counter claim.
c) as a fresh suit.
d) none of the above.
4. Section 4 of the Limitation Act applies to -
a) suits.
b) appeal and applications.
c) both, a), and b).
d) non·e of the above.
5. Section 5 of the Limitation Act applies to -
a) suit.
b) appeal and application.
c) execution.
d) all the above.
6. Section 5 of the Limitation Act applies to -
a) suits.
b) execution of a decree.
c) both, a), and b).
d) none of the above.
7. Section S of the Limitation Act applies to -
a) suits.
b) execution.
c) election petitions.
d) none of the above.
8. Section 6 of the Limitation Act applies to -
a) suits.
b) execution of a decree.
c) both, a), and b).
d) none of the above.
9. Section 6 of Limitation Act does not apply to - ·
a) suits.
b) execution.
c) appeal.
d) all the above.
10. Section 6 of the Limitation Act can be availed by -
a) plaintiff(s).
b) defendant(s).
c) both, a), and b).
d) none of the above.
11. Legal disabilities are -
a) minority.
·b) insanity.
CPC 183. Author - Prot; Prakash K. MokaL
c) idiocy.
. d) all the above.
12. Section 6 of the Limitation Act does not apply to -
a) insolvent.
b) minor.
c) insane.
d) idiot.
13. Section 6 of the Limitation Act does not apply to -
a) suits.
b) execution of a decree.
c) suits to enforce rights of pre-emption.
d) none of the above.
14. Period of limitation stands extended, by virtue of S. 6 of the Limitation Act for a maximum
period of-
a) 1 year.
b) 3 years.
c) 6 years.
d) 12 years.
15. Plea of limitation can be -
a) waived by a party.
b) ignored by the Court.
c) waived by both the parties by consent.
d) none of the above.
16. Time which has begun to run can be stopped In case of Time which has begun to run, can be
stopped in case of -
a) minority.
b) insanity.
c) idiocy.
d) none of the above.
17. S. 6 of the Limitation Act does not apply In cases of -
a) illness.
b) poverty.
c) insolvency.
: d) none of the above.
18. In ·computing the period of limitation for appeal, revJew or revision, the time requisite for
obtaining a copy of the decree or order appealed, shall be excluded under - ·
a) Section 12 (1).
b) Section 12 (2).
c) Section 13 (3).
d) Section 14 (4).
19. In computing the period of !Imitation for appllcatlon to set aside an award, the time requisite
In obtaining a copy of the award, shall be excluded under-
a) Section 12 (1).
b) Section 12 (2).
c) Section 12 (3).
d) Section 12 (4).
20. Limitation for filing an appeal, commences from -
 CPC 184. Author - Prof. Prakash K MokaL
a) the date of judgment.
b) the date of signing of the decree.
c) the date of application for copy of the judgment.
d) the date of availability of copy of the judgment.
21. 'Time requisite' under section 12 (2) of the Limitation Act means -
a) minimum time.
b) maximum time.
c) actual time taken.
d) absolutely necessary time.
22. Time excluded has to be considered on the basis of -
a) information available from the copy of judgment/decree placed on record.
b) information as to copies obtained by the parties for court purposes.
c) information as to copies obtained by the parties for other purposes.
d) information as to copies not placed on record, but made available to the court.
23. Section 13 of the Limitation Act applies to -
a) suit filed in forma pauperis.
b) appeal filed informa pauperis.
c) both, a), and b).
d) none of the above.
24. Under Section 13 of the Limitation Act, the time Is excluded -
a) if the application for leave to sue or appeal as a pauper is allowed.
b) if the application for leave to sue or appeal as a pauper is rejected.
c) in both the cases.
d) in none of the cases.
25. Section 14 and Section 5 of the Limitation Act are -
a) independent of each other.
b) mutually exclusive of each other.
c) both, independent, and mutually exclusive.
d) neither independent, nor mutually exclusive.
I
\ 26. Under Section 14, defect In jurisdiction must relate to -
!
i
·•,
a) territorial jurisdiction.
b) pecuniary jurisdiction.
c) subject matter jurisdiction.
d) either a), orb), or c).
27. Section 15 excludes from computation of limitation -
a) period of notice.
b) time taken in granting previous consent.
c) time taken in grant of sanction.
d) all the above.
28. Section 15 does not apply to -
a) suits.
b)?ppeal.
c) 1!xecution application.
d) 11one of the above.
I 1
,1 29. Period during which proceedings stand stayed by an Injunction or order, Is excluded under -
I
I a) Section 14.
r b) Section 15.

I
·r
CPC 185. Author~ Prof. Prakash .K. M,okqJ..
c) Section 13.
d) Section 16.
30. Section 15 applies to -
a) suits.
b) execution applications.
c) both, suits, and execution applications.
d) neither suits, nor execution proceedings.
31. Time taken in proceedings to set aside the sale, in suit for possession by a purchaser in
execution, is liable to be excluded under -
a) Section 15 (4).
b) Section 15 (2).
c) Section 15 (3).
. d) Section 15 (1).
32. Section .16 applies to -
a) suits to enforce rights of pre-emption.
b) suits for possession of immovable property.
c) suits to enforce right to a hereditary office.
d) none of the above.
33. Section 17 takes within its ambit-
a) frauds.
b) mistakes.
c) concealments.
d) all the above.
34. Section 17 applies to-
a) suits.
b) execution proceedings.
c) both, suits, and execution proceedings.
d) neither to suits, nor to execution proceedings.
35. Section 17 does not take within Its ambit -
a) suits.
b) appeals.
c) execution application.
d) all the above.
36. Which of the following Is not required for a valid acknowledgement -
a) in writing.
b) made before the expiration of period of limitation.
c) signed by the person concerned.
d) in the handwriting of the person concerned.
37. Section 22 refers to cases of -
a) continuing breach of contract.
b) successive breach of contract.
c) both, continuing, and successive breaches.
d) neither continuing, nor successive breaches.
38. Under Section 25 the easement rights are acquired by continuous and uninterrupted user -
a) for 12 years.
b) for 20 years.
c) for 30 years.
CPC 186. Author - Prof. Prakash K. MokaL
d) for 3 years.
39. Under Section ZS the easement rights over the property belonging to the Government are
acquired by continuous and uninterrupted user -
a) for 12 years.
b) for 20 years.
c) for 30 years.
d) for 60 years.
40. A suit against obstruction in the enjoyment of easementary rights acquired under Section ZS,
must be filed -
a) within 2 years of such obstruction.
b) within 1 years of such obstruction. I
c) within 3 years of such obstruction.
d) within 12 years of such obstruction.
41. Which is correct-
a) limitation bars the judicial remedy.
b) limitation extinguishes the right.
c) limitation is a substantive law.
d) limitation bars the extra-judicial remedies.
42. Which is not correct of law of limitation -
a) limitation bars the judicial remedies.
b) limitation is an adjective law.
c) limitation extinguishes the right.
d) limitation is a procedural law.
43. Which is not correct of law of limitation -
a) limitation bars the judicial remedies.
b) limitation negative in its operation.
c) limitation is a procedural law.
d) limitation bars the extra-judicial remedies.
44. A suit for possession based on the right of previous possession and not on title, can be filed -
a) within one year of dispossession.
b) within three years of dispossession.
c) within twelve years of dispossession.
d) within six months of dispossession.
45. A suit for possession of immovable property based on title, can be flied.
a) within one year.
b) within three years.
c) within twelve years.
d) within six months.
46. For a suit filed by or on behalf of Central _Government or any State Government, the period of
limitation Is -
a) one year.
b) three years.
c) twelve years.
d) thirty years.
47. In England, the law of limitation can be -
a) waived by the party entitled to the benefit thereof.
b) is indefinite and flexible.
CPC. 187. Author - Prot: Prakash K. MokaL
c) is variable.
d) all the above.
48. Law of limitation is -
a) lex loci.
b) lex Jori.
c) non-obstante.
d) all the above.
49. Under Section 21, a suit is deemed to have been instituted, in case of new plaintiff
impleaded/added -
a) on the date on which the new plaintiff is impleaded.
b) on the date on which the suit was initially instituted.
c) on the date on which the application for impleading a new defendant is made.
d) none of the above.
SO. Under Section 21, qua a defendant a suit is deemed to have been instituted against a newly
added defendant -
a) on the date on which the new defendant is impleaded.
b) on the date on which the suit was initially instituted.
c) on the date on which the application for impleading a new defendant is made.
d) none of the above.
51. Under Section 21, can a Court direct the suit to have been instituted on an earlier date ?
a) Yes, if the omission to include the party was due to a mistake made in good faith.
b) Yes, if the omission to include party was deliberate.
c) in both, a), and b).
d) neither a), nor b).
52. Section 21 does not apply in -
a) cases of adding of a new defendant for the first time.
b) cases of adding of a new defendant for the first time.
c) cases of transposition of parties.
d) neither a), nor b), nor c).
53. Section 21 does not apply in -
a) cases of devolution of interest during the pendency of the suit.
b) cases of assignment of interest during the pendency of the suit.
c) cases of transposition of a plaintiff as a defendant and vice-versa.
d) all the above.
54. Section 21 applies to -
a) suits.
b) appeals and application.
c) executions.
d) all the above.
55. Law of !Imitation. has to be strictly construed. In view of the same, Section 5 of the Umltatlon
Act has to be construed -
a) strictly.
b) liberally.
c) harmoniously.
d) ejusdem-generis.
56. Easementary rights under Section 25 of the Limitation Act can be acquired by -
a) a tenant.
 r 188. Author-fro6 Prakash & M.oljgj.
b) a co-owner.
c) both, a tenant, and a co-owner.
d) neither a tenant nor a co-owner.
57. Section 27 of the Limitation Act-
a) bars the remedy.
b) extinguishes the right.
c} both, a). and bl.
d} neither a}, nor b}.
58. Section 27 of the Limitation Act applies to -
a} suits.
b) appeals. I
c) execution application.
d) all the above.
59. Section 27 of tlie Limitation Act does not extinguish the right In -
a) suits.
b) appeals.
c) execution application.
d) all the above.
60. Section 27 of the Limitation Act does not apply to cases for recovery of possession -
a) where no limitation period has been prescribed.
b) where the limitation period has been prescribed.
c} both, a), and b).
d} neither a}, nor b).
61. Which is true of acknowledgements ?
a) It extends the period of limitation.
b) It confers an independent right on a person.
c) It confers a title on the person.
d) All the above.
62. Which Is true of the acknowledgement of llablllty ?
·a) It has to be made to the person concerned/creditor.
b) It can be made to a person other than the person entitled to the property.
c) It can be made after the expiry of the period of limitation.
d) It has to be a promise to pay.
63. Acknowledgement after the period of limitation -
a) is of no effect.
b) gives right to an independent and enforceable contract.
c) both, a), and b).
d) neither a), nor b).
64. Acknowled1:ement made after the period of limitation but before the opening of the Courts
during the period when the Courts are closed on the last date of expiry of !Imitation -
a) is of no effect.
b) extends the period of limitation.
c) gives rise to an independent re-enforceable contract.
d) both, b), and c).
65. Acknowledgement made by a person other than a person under llablllty Is 100d, If -
a) the person making it is relative of the person under liability.
b) the person making it is an agent of the person under liability.
CPC 189. Author - Prol Prakash K. MokaL
c) the person making it is a servant of the person under liability.
d) the person making it is the master of the person under liability.
66. On acknowledgement, fresh period of limitation starts -
a) from the date of signing of acknowledgement.
b) from the date of expiry of Initial period of limitation.
c) from the date of expiry of extended period of limitation.
d) from the date of delivery of document containing acknowledgement to the person
concerned or any other person.
67. Under Section 18 (2) of the Limitation Act, oral evidence of date of acknowledgement Is
permissible If the acknowledgement -
a} is dated.
b} Is undated.
c) date in the acknowledgement is altered.
d) in all the above cases .
.68. Section 19 of the Llmltatlon Act applies to -
a} suits for debts.
b) suits for legacies.
c} both, a), and b).
d) neither a), nor b).
69. Under Section 19, the words 'prescribed period' refers to -
a) the period prescribed for re-payment.
b) the period prescribed for limitation by the Act.
c) the period prescribed for limitation under any other enactment.
d) all the above.
70. Under Section 19, the part payment of debt or Interest has to be ...
a) withinthe period of limitation under the Act.
b) within the period prescribed for re-payment.
c) within the period of limitation prescribed under any other enactment.
d) all the above.
71. Under Section 19, the part payment/acknowledgement extends the period 01f !Imitation -
a) from the date of expiry of initial period of limitation.
b} from the date of payment.
c) from the date of the writing evidencing payment.
. d} from the date of extended period of limitation.
7t Under Section 19 for extension of period of llmltatlon, the part payment must be -
a) In the handwriting of the person. •
b) In the writing signed by the person.
c) either a), or b).
d) both, a), and b).
73. Period of !Imitation for suits relating to accounts, Is -
a) 3 years.
b) 1 year.
c) 1 year to 3 years.
d) 12 years.
74. Period of !Imitation for suits relatln1 to contracts, Is -
a) 3 years.
b) 1 year.
 CPC 190. Author - Prof. Prakash K. Mokill.

c) 1 year to 3 years.
d) 12 years.
75. Period of limitation for suits relating to declaration, is -
a) 1 year.
b) 3 years.
c) 1 year to 3 years.
d) 12 years.
76. Period of limitation for suits relating to decrees and instruments, is -
a) 1 year.
b) 1 year to 3 years.
c) 3 years. I
d) 12 years.
77. Period of limitation for suits relating to movable property, is-
a) 3 years.
b) 1 year to 3 years.
c) 1 year.
d) 12 years.
78. Period of limitation for suits relating to tort, is -
a) 1 year.
b) 1 year to 3 years.
c) 3 years.
d) 12 years.
79. Period of limitation for suits relating to trusts and trust property, is -
a) 1 year.
b) 3 years.
c) 3 years to 12 years.
_ d) 12 years to 30 years.
80. Period of limitation for leave to appear and defend, is -
a) 30 days.
b) 60 days.
c) 90 days.
d) 10 days.
81. Period of limitation for setting aside an abatement, is -
a) 30 days.
b) 60 days.
c) 10 days.
d) 90 days.
82. Period of limitation for leave to appear and defend, is -
a) 30 day!;.
b) 60 days.
c) 90 days.
d) 10 days.
83. Period of limitation for setting aside an ex-parte decree, is -
a) 10 days.
b) 30 days.
c) 60 days.
d) 90 days.

---------------- -----
CPC 191. Author - Prof. Prakash K. Mokal.
84. Period of limitation for enforcement of a decree of mandatory injunction, is -
a) 1 year.
b) 3 years.
c) 2 years.
d) 12 years.
85. Period of limitation for restoration of suit, is -
· a) 90 days.
b) 60 days .
. c) 30 days.
d) 10 days.
86. Period of limitation for execution of a decree, is -
a) 3 years.
b) 12 years.
c) 30 years.
d) 60 years.
87. Period of limitation for suits relating to immovable property, is-
a) 3 years to 12 years.
b) 12 years.
c) ~ years to 30 years.
d) 30 years.
88. Period of limitation for suits not specifically provided under the Schedule, is -
a) 1 year.
b) 2 years.
c) 3 years.
d) 12 years.
89. Under Section 12 of the Limitation Act, the time is to be excluded -
a) not without the oral prayer of the party.
b) not without the written application of the party.
c) by the Court itself without any oral or written application.
d) none of the above.
90. Under Section 12 (2) of the Limitation Act, the time taken/elapsed between the date of
judgment and the date of decree -
a) has to be excluded without any application for certified copy having been made during this
period.
b) has to be excluded only if any application for obtaining the certified copy has been made
during this period.
c) in both, a), and b).
d) in neither a), nor b), nor c).
91. The judgment was announced on 2/1/2002 and the decree prepared on 10/1/2002.
Applfcatlon for certified copy made on 5/1/2002 , under Section 12 the period to be excluded Is
a) from 2/1/2002 to 15/1/2002.
b) from 2/1/2002 to 5/1/2002.
c) from 5/1/2002 to 10/1/2002.
d) from 5/1/2002 to 15/1/2002.
92. Section 4 of the Limitation Act applies -
a) only if on the opening day the plaint is presented before the proper Court.
b) even if on the opening day the plaint is not presented before the proper Court.
CPC· 192. Author - Prof. Prakash K. MokaL
c) both, a), and b).
d) either a), orb).
93. Where the party Is entitled to sue In two Courts of concurrent jurisdiction and one of them Is
closed on the last day of !Imitation -
a) the party Is bound to sue In the Court which is open on the last day of limitation and the
benefit of Section 4 of the limitation Act shall not be available.
b) the party ls not bound to sue in the Court which is open on the last day of limitation and
shall get the benefit of Section 4 of the Limitation Act notwithstanding the fact that the other
Court is open.
c) Section 4 of the Limitation Act shall not apply at all.
d) none of the above. I
94. Whether on a particular day, the Court is open or closed within the meaning of Section 4 of
the Limitation Act, is a -
a) pure question of fact.
b) pure question of law.
c) mixed question of fact and law.
d) either b), or c).
95. Condonatlon of delay under S. 5 of the Limitation Act -
a) can be claimed as a matter of right.
b) is a matter of discretion of the Court.
c) sufficient cause for the delay has to be shown.
d) both, b), and c).
96. Under Section 5 of the Limitation Act -
a) the non-filing during the period of limitation has to be explained.
b) non-filing during the entire period from the starting day of limitation till the filing of
application, has to be explained.
cl the non-filing from the date of expiry of limitation till the date of filing, has to be explained.
d) either b), or c).
97. Under Section of the Limitation Act, where several disabilities co-exist concurrently in the
plaintiff, the time does not commence to run against him ...,.
a) till the first disability ceases to exist.
b) till the two, if there are more than two, disabilities cease to exist.
c) till all the disabilities cease to exist.
d) either a), orb).
98. An acknowledgement -
a) extinguishes the original cause of action.
b) create~; a new cause of action.
c) merely confirm a liability.
d) all the above. .
99. The period of !Imitation for filing a suit for specific performance under Article 54 of the
Schedule, Is -
a) 1 year.
b) 3 years.
c) 12 years.
d) 30 years.
CPC 1-93. Author - Prof. Prakash K. MokaL
100. For a suit to recover possession.of a movable property conveyed or bequeathed·in trust and
afterwards transferred by the trustee for a valuable consideration, under Article 93 of the
Schedule, the period of limitation, is~
a) 30 years.
b) twelve years.
c) 3 years.
d) 1 year.
101. The period of limitation for filing a suit to recover possession of a movable or immovable
property comprised in religious or charitable endowment, transferred for valuable consideration,
under Art. 96 of the Schedule, is -
a) 30 years.
b) 12 years.
c) 3 years.
d) 2 years.
102. For a suit to enforce a right of pre-emption, the period of limitatioh under Article 97 of the
. Schedule, is -
a) 1 year.
b) 2 years.
c) 3 years.
d) 12 years.
103. A suit for possession of a hereditary office under Article 107 of the Schedule, can be filed
within the period of limitation of-
a) 30 years.
b) 12 years.
c) 6 years.
d) 3 years.
104. A Mitakshara coparcener can file a suit to set aside alienation of ancestral property by his
father, under Article 109 of the Schedule, within the period of limitation of-
a) 12 years.
b) 1 year.
c) 3 years.
d) 30 years.
105. A suit by a person excluded from a joint family property to enforce a right to share therein,
under Article 110 of the Schedule, can be filed within the period of limitation of-
a) 1 year.
b) 3 years.
c) 12 years.
d) 30 years.
106. A suit for arrears of maintenance can be filed within -
a) 1 year.
b) 2 years.
c) 1 to 3 years.
d) 3 years.
107. Under Article 112 of the Schedule, the period of limitation for filing a suit by the Central
Government, is - .
a) 3 years If relates to movable property and 12 years if rel~tes to immovable property.
b) 12 years if relates to movable property and 30 years if relates to immovable property.
 CPC 194. Author - Pro~ Prakash K. MokaL
'
c) 30 years of any suit.
d) 60 years of any suit.
108. The period of limitation for a review of the judgment, is-
a) 30 days.
I'
I b) 60 days.
c) 90 days.
d) 180 days.
109. The period of limitation for filing a revision, is -
a) 180 days.
b) 90 days.
c) 60 days.
d) 30 days.
110. The period of limitation for setting aside a sale on execution of a decree, is -
a) 180 days.
b) 90 days.
c) 60 days.
d) 30 days.
111. An application for special leave to appeal to the Supreme Court can be filed within -
a) 30 days to 80 days depending upon the subject-matter.
b) 30 days to 90 days depending upon the subject-matter.
c) 60 days to 180 days depending upon the subject-matter.
d) 60 days to 90 days depending upon the subject-matter.
112. The period of limitation for preferring an appeal to the Court of Sessions from an order of
sentence, is -
a) 30 days.
b) 60 days.
c) 90 days.
d) 15 days.
113. The period of limitation for preferring an appeal to the High Court from an order of S!;!ntence,
other than the sentence of death, is - ·
a) 15 days.
b) 30 days.
c) 60 days.
d) 90 days.
114. The p«~r:od of limitation for preferring an appeal to the High Court from a decree or order is,
a) 15 days.
b) 30 days.
c) 60 days.
d) 90 days.
115. The period of limitation for preferring an appeal to a Court other than the High Court, from a
decree or order, is,
a) 15 days.
b) 30 days.
c) 60 days.
d) 90 days.
116. Where a plaintiff has been prosecuting with due diligence and in good faith, another civil
proceeding, relating to the same matter in issue, in a Court which, from defect of jurisdiction is ·
CPC 195. Author - Prof; Prakash k. MokaL
unable to entertain it, the period so spent by the plaintiff is liable to be excluded in computing
the period of limitation for a suit, under Section -
a) 12 of the Limitation Act.
b) 13 of the Limitation Act.
c) 14 of the Limitation Act.
d) 15 of the Limitation Act.
117. Section 14 of the Limitation Act applies to -
a) suit.
b)appeal.
c) executio~.
d) all the above.
118. Section 14 of the Limitation Act, apart from the suit, is applicable to -
a) appeal.
b) execution.
c) application.
d) none of the above.
119. The benefit of Section 14 of the Limitation Act is available to the plaintiff-
a) where a suit has been withdrawn under Order XXIII, Rule l of C.P.C. without seeking
permission to file a fresh one.
b) where a suit has been withdrawn under Order XXIII, Rule 1 of C.P.C. with permission to file
a fresh one.
c) both, a), and b).
d) neither a), nor b).
120. A judgment was passed on 10/7/2002, and the decree prepared on 25/7/2002. An application
for certified copy was made on 11/7/2002 and the certified copy was ready on 1/8/2002, and
delivery of certified copy was taken on 5/8/2002, under Section 12, the period to be excluded is,
a) 11/7/2002 to 1/8/2002.
b) 11/7/2002 to 5/8/2002.
c) 10/7/2002 to 1/8/2002.
d) 10/7/2002 to 5/8/2002.
121. Section 14 (3) of Limitation Act is in the nature of -
a) an exception to Section 14 (1) of the Limitation Act.
b) an exception to Order XXIII, Rule 2 of C.P.C.
c) an explanation to Section 14 (1) of the Limitation Act.
d) both, a), and b).
122. Which of the following amounts to presenting a civil proceedings with "due diligence and in
good faith" within the meaning of Section 14 of the Limitation Act ?
a) failure to pay the requisite court fee found deficient.
b) error of judgment in valuing a suit.
c) both, a), and b).
d) neither a), nor b).
123. Section 14 of the Limitation Act will have no application -
a) where the suit is dismissed after adjudication on its merits.
b) where the suit is dismissed because the Court was unable to entertain it.
c) both, a), and b).
d) neither a), nor b).
CPC 196. Author - Prof. Prakash K. Mokal.
124. In a suit filed by the plaintiff, the defendant in his written_ statement has taken the objection
of non-impleadment of necessary party. Despite such objection the plaintiff continued the suit
and the suit finally was decreed. At the first appellate stage, the plaintiff withdraws the suit with
liberty to file a fresh one on the same cause of action and subsequently filed a fresh suit. The
period spent by the plaintiff in the earlier suit, under Section 14 of the Limitation Act, is -
a) liable to be excluded on the ground that the plaintiff was prosecuting-the earlier suit with
due diligence and in good faith.
b) not liable to be excluded as the plaintiff cannot be said to be prosecuting the earlier suit
with due diligence and in good faith.
c) liable to be excluded under Section 14 (3) of the Limitation Act.
d) to be excluded or not to be excluded is in the discretion of the Court. I
125. The period of limitation for a suit to redeem or recover possession of immovable property
mortgaged, by a mortgagor, is -
a) 12 years.
b) 30 years.
c) 6 years.
d) 3 years.
126. For a suit to recover surplus collections received by the mortgagee has been satisfied, the
period of limitation is -
a) 12 years.
b) 30 years.
c) 1 year.
d) 3 years.
127. :A suit for foreclosure by mortgagee can be filed within the prescribed period of limitation, is,
a) 30 years.
b) 12 years.
c) 6 years.
d) 3 years.
128. A suit for possession of immovable property mortgaged, can be brought by a mortgagee within
a period of-
a) 1 year.
b) 3 years.
c) n years.
d) 30 years.
129. In which of the following cases, the Supreme Court held that "starting point of limitation
commences from the date when possession becomes adverse but not from the date when right
of ownership arises" ? ·
a) Vasantiben Praha/adii Novak" vis. Somnath Mu/iibhai Novak (2004).
b) Basudeo Dogra v/s. Anupam Dogra (2003).
c) Anant Narayan Choksi v/s. S.N. Choksi (2002).
d) N. Narayanan v/s. P. Narayanan (2001)
130. "Condonation of delay'' is dealt with under -
a) Section 5 of the limitation Act.
b) Section 7 of the limitation Act.
c) Section 9 of the limitation Act.
d) Section 10 of the limitation Act.
 CPC 197. Author - Prof. Prakash K. Mo/cal

"Civil Procedure Code &·Law of Limitation"

UNiVERSITY EXAMINATION QUESTION PAPER
<R.,r,iselfCourse · .
According to New·ouestion Paper Pattern
Question Papers [1] to [22]
Time : 3 Hours Marks: 100.

[1]
II [May, 2019 (02/05/19)]
II
'Witn SoCutions
Q. 1 : Answ~r in One or Two sentences : =20.
a) What are Pleadings ?
Answer : Pleadings of a suit mean the Plaint and the Written Statement filed by the parties to the Suit.
[Nov. 11; May;12; Dec. 14]
b) What is Jurisdiction ?
Answer : It is an authority or power of Courts to entertain and try the suit/case. It may be pecuniary
jurisdiction. subject-matter jurisdiction or territorial jurisdiction. [Apr. 11: Nov. 16]
c) What is pre-reqdisite for filing suit against the Government:
Answer : Two months' notice in writing. containing all particulars. must be given to the Secretary of the
Government or Collector of the District or in the case of Railways. to the General Manager. [Nov. 12:
Apr. 13; Nov. 15].
d) Who is Next Friend of minor ?
Answer : Next Friend of a minor means a person - i) who files a suit on behalf of the minor or lunatic
plaintiff and ii) who is a maior with sound mind and not having any interest adverse to that of the minor
or lunatic.[Nov. 05; Apr. 06:: Nov. 07: Nov. 08: Dec. 14: Nov. 15; Dec. 17; Jan. 19].
e) Wfat is Ju~gement?
Answer : Judgement means the statement given by the Judge on the grounds of a decree or order. The
Court after the case has been heard. shall pronounce the judgement, and on such judgement the decree
shall follow (Section 2 (a) and Section 33 of the C.P.C. [Apr. 08; Apr. 11; Dec. 14; Nov. 16: Jan. 19].
f) What happens when the plaintiff is absent on the date his suit is placed for hearing?
Answer : Where the defendant appears and the plaintiff does not appear when the suit is called for
hearing. the Court shall make an order that the suit shall be dismissed. unless the defendant admits the
claim of the plaintiff. or part thereof. in which case the Court shall pass a decree against the defendant .
upon such admission. and, where part only of the claim of the plaintiff has been admitted. shall dismiss
the suit so far as it relates to the remainder. [Nov. 15: Jan. 191.
g) Who is a decree-bolder ?
Answer : A decree-holder is a person in whose. favour a Decree is passed or an Order capable of
execution. has been made. [Nov. 06; Nov. 11; Nov. 15].
h) What ls the effect of acknowledgement in writing on limitation ?
Answer : In such a case. limitation period is not calculated from the date of default, but from the date of
acknowledgement. [Apr. 07; Nov. 07; Apr. 10: Nov. 15].
CPC 198. Author -- Prof. Prakash K. Mokal.
i) What is issue of Commission ?
Answer: It is the power of the Court under Section 75 to appoint a person as a Court official to assist the
Court to ascertain and to do other functions of the Court. It means sending an officer of the Court to either
record evidence or to inspect property, make partition, etc.[Nov. 08: Nov. 13: Apr. 14].
j) What is a Foreign Judgement ?
Answer : Under Section 2 (6) of the CPC Foreign Judgement is a judgement of a Foreign Court. [Nov.
06: Apr. 08: Nov. 11: Nov. 12: Apr. 13: Nov. 13: Apr. 14: Nov. 16: Apr. 17].
Q. 2 : Write Sho:rt Notes on Any Four : = 20.
a) Provisions of Appeal to Supreme Court as per CPC.
b) Modes of Execution of Decrees and-Orders.
c) Suits by and against Corporations and Finns.
d) Plaint and Written Statement.
e) Extension of Limitation.
f) Interpleader Suit.
Q. 3 : Solve Any Two with reasons : · = 12.
a) A and B, enter into a contract for sale of goods by A to 8. The contract is made in Mumbfi, the
goods are delivered in Chennai, payment of price is to be made from Delhi. B fails to pay the
price despite delivery of goods. A wants to file a suit to recover the price from B.
i) In which city he can me the suit ?
Answer : The Suit can be filed in the Court of city of Mumbai or Chennai or Delhi.
ii) Why?
Answer : Because the place of contract. delivery of goods. payment of price are all the places of
jurisdiction of the Court. Thus, A may file suit in any of these three places, in a Court having
jurisdiction. i.e. Mumbai. where the contract is made: Chennai, where goods are delivered: or Delhi,
where price is payable. because all these places are causes of action which have arisen in part at all the
three places·. [Section 20 (c) of the CPC].
b) Chas taken loan of Rs. 1,50,000/- from D against a Promissory Note. After the limitation period
is over, C gives to D a written letter signed by him and acknowledges the same loan.
i) What will be the effect of this· letter on limitation ?
Answer : The limitation period cannot be extended by such acknowledgement. after the limitation
period has expired. The suit is required to be filed within three years after the expiry of the period of
limitation.
ii) Would it make difference if the said letter was given, before the expiry of limitation ?
Answer : In such case. under Section 18 of the Indian Limitation Act, 1963. a fresh period of
limitation shall be computed from the time when the acknowledgment was so signed.
c) Mr. AB has filed a suit against Mr. CD in Mumbai on 18th October 2018. After that date on 18th
Dece8:Jber 2018 Mr. CD files a suit against Mr. AB in Banglore based the same facts and cause
of action.
i) What is Mr. AB's remedy ?
Answer : Under Section 10 of the CPC. Mr. AB can ask for the stay of suit filed by Mr. CD till the
former suit i.e.- the suit filed by Mr. AB is decided. Thus, when one suit is ·filed and pending. another
suit is filed between the same parties or under whom they claim. on same issues and questions. then
the second suit is stayed till the disposal of the first suit.
ii) What order the Court will pass against Mr. CD?
Answer : The Court shall not try the second suit filed by Mr. CD in which matter in issue is .directly
and substantially same in an earlier suit filed before it by Mr. AB. between same parties or between
parties under whom they claim. which is pending the hearing in that or ~ny other Court. The second
suit will be stayed till the decision of the first suit. '
The Court. in the above case. shall not proceed with trial of any suit in which the matter in issue
which is also directly and substantially in issue in a previously instituted suit between the same
 CPC 199. Author - Prol Prakash .K. MokaL
parties. Thus. when one suitis filed and pending, another suit is filed between the same parties or
under whom they claim. on same issues and questions. then the second suit is stayed till the disposal
· of the first suit.
Q. 4 : Write Essay Type Answers on Any Four : = 48.
a) I$sue of Commission. b) Creation of ownership by adverse possession under· the Limitation Act,
1963. c) Reference, Review and Revision. d) Interpleader Suits and their Procedure. e) Writ of
Summons and Modes of its service. f) Arrest and Attachment Before Judgement.

I [2]
[January, 2019 (03/01/19)] I
'With Solutions
Q. 1 : Answer in One or Two sentences : = 20.
a) What is judgement ?
Answer :. 'Judgement' means the statement given by the Judge on the grounds of a decree. or order; The
Court. after the case has been heard. shall pronounce the Judgement. and on such Judgement the decree
shall follow. [Apr. 08; Apr. 11; May. 12; Nov. 16; May. 19].
b) Who is the next friend of a minor ?
Answer : Next friend of a minor means a person - i) who files the suit on behalf of the minor or lunatic
plaintiff and ii) who is a major with sound mind and not having any interest adverse to that of the minor
or lunatic. [Nov. 05; Apr:06; Nov. 07: Nov. 08: Nov. 15; Dec. 17; May. 19].
c) How is suit instituted?
Answer : Suit is instituted by filing Plaint with Affidavit or in such manner as may be prescribed[Nov.
ill
d) When Plaintiff is absent when their suit is called out for hearing, what will the Court do ?
Answer : Where the defendant appears and the plaintiff does not appear when the suit is called for
hearing. the Court shall make an order that the suit shall be dismissed, unless the defendant admits the
claim of the plaintiff. or part thereof. in which case the Court shall pass a decree against the defendant
upon such admission, and, where part only of the claim of the plaintiff has been admitted, shall dismiss
the suit so far as relates to the remainder. (Nov. 15: May. 19].
e) What is adjournment of hearing ?
Ansrer : Suspension or postpQnement of the hearing of the case. either to a definite future date or
inde'ijnitely (called sine die) adjournment. When awarded at the request of a pl!ffi' to a case, the Court
may lttach certain conditions.
t) Who is the Garnishee ?
Answer : Notice under Order XXI Rule 46A to a person liable to pay debt· into Court which he owes to
· the Judgement Debtor. Thus, Garnishee is the Judgment Debtor's debtor, who has to pay some amount to
Judgement Debtor. [Nov. 05: Apr. 06: May, 07: Apr. 10; Nov. 11; Apr. 13; Apr. 14].
g) What happens when the Defendant dies while the suit ffled against him is pending ?
Answer: On death of the defendant, its right to sue survives, suit abates. (Apr. 14].
.h) What is an interpleader suit ?
Answer .: An inter-pleader suit is a suit in which the real dispute is not between the plaintiff the plaintiff
and the defendant. but the dispute is between the defendant who inter-pleads with each other. Inter-
pleader suit is one in which plaintiff claims no interest, but defendants must inter-plead amongst
themselves. [Nov. 05: Apr. 06; Apr. 08].
i) What are issues ?
 CPC 200. Author - Prot Prakash K. MokaL
Answer : Issues mean, material proposition of fact or law, affirmed by one party and denied by the other.
Those propositions which the plaintiff must allege to show a right to sue or defendant to show his
defence. The Court shall frame issues and pronounce the Judgement on all the issues framed. [Apr. 08;
May. 12]. .
j) What is the effect of minority of Plaintiff on limitation ?
Answer : If a case of action accrues to a person in embryo he cannot claim the benefit under Section 6 of
the Limitation Act, 1963. The general principle of the law is that the time does not run against any minor.
Section 6.states that- "Where a person entitled to institute a suit or make an application for the execution
of a decree is, at the time from which the prescribe period is to be reckoned, a minor or insane. or an idiot.
he may institute the suit or make the application within the same period after the disability has ceased (i.e.
when he ceases to be minor). as would otherwise have been allowed from the time specified therefor in
the Third column of the Schedule. I
Q. 2 : Write Short Notes on Any Four : = 20. ·
a) Written Statement, Set-off & Counter-claim. b) Effect of Acknowledgement in writing on
limitation. c) Appointment of Receiver, his powers & duties~ d) Jurisdiction & its types. e) For~ign
Judgement. f) Attachment before judgement. ·~
Q. 3 : Solve Any Two problems with reasons : = 12.
a) Mr. AB has filed a suit against Mr. CD. The Court bas fixed a date for bearing, when AB the
plaintiff, CD the Defendant and their Advocates are present in Court. Mr. CD accepts and
admits the suit claim in writing, without any dispute or objection, in the Court.
i) What order will the Court pass ?
Answer : Under Order 12 Rule 6, where an admission of a fact have been made either in writing or orally.
then the Court on its own motion or on ·the application of any party. may make any order or judgement on
the admission made by the party as it deems fit. Such judgement can be made even if any other question is
pending for the determination between the parties.
· When the judgement on admission is given by the Court, then a dee ree can be drawn in accordance with
the judgment. Such decree shall bear the date on which the judgement was pronounced.
ii) Can Mr. CD later appeal against such order ?
Answer : No. appeal against such order cannot lie. As per Section 96 of the CPC. where the decree is
passed by any Court with the consent of the parties. no appeal can be filed from such decree; or where the
amount or value of the subject matter of the original suit does not exceed ten thousand rupees.
b) Mr. E has borrowed from Mr. F, Rs. 1,25,000/- to be repaid with interest on due date. Mr. E
makes part-payment of Rs. 1,00,000/-, after the expiry of limitation period.
i) What will be the effect of such part-payment on the limitation ?
Answer : If such part payment is made by E after the expiry of the limitation period, a fresh period of
limitation shall not be computed from the time when such part payment was made [Section 19 of the
CPC].
H) Will it make difference if part-payment was made before expiry of limitation ?
Answer : In this case, where payment on account of debt is made before the expiration of the prescribed
of limitation, by the person liable to pay the debt (i.e. E), a fresh period of limitation shall be computed ·
from the time when the payment was made [Section 19 of the CPC].
c) Mr. G files a suit against Mr. H, for specific performance of an Agreement For Sale of
immovable property between them. While this suit is pending, Mr. H files another suit against
Mr. G for cancellation of the same Agreement.
i) Can the second suit proceed ?
Answer : Under Section IO of the CPC. the second suit filed by Mr. H shall be stayed till the fonner suit
i.e. the suit filed by Mr. G is decided. Thus. when one suit is filed and pending. another suit is ,filed
between the same parties or under whom they claim, on same issues and questions, then the second.shit is
stayed till the disposal of the first suit.
ii) Why?
 CPC .201. Author - Prof. ptqkash:/f.:Mokill.
Answer : Because, the Court shall not ny the second suit filed by Mr. H in which matter;Jn;jissue is
· directly and substantially same in an earlier suit.tiled before it by Mr. G, between same parties.or'between
parties under whom they claim, which is pending the hearing in that or any other Court. The second suit
will be stayed till the decision of the first suit.
-~ The C~urt. in the above case, shall not proceed with trial of any suit in which the matter in issue which is
also directly and substantially in issue in a previously instituted suit between the same parties. Thus, when
one suit -is filed and pending, another suit is filed between the same parties or under whom they claim. on
same issues and questions. then the second suit is stayed till the disposal of the first suit.
Q. 4 : Write Essay Type Answers on Any Four : = 48.
a) Appeal, Reference, Review & Revision. b) Creation of ownership by adverse possession under the
Limitation Act. c) Abatement of Suit on death or insolvency of the parties to the suit. d) Suits by and I
against the Government, Corporations and Firms. e) Summary Suits. How they differ from other suits
? f) Decree, Types of decrees and Execution of decree.

[3]
[April, 2018] I
'Witn So{utions
Please check whether you have got the right question paper.

Q. 1 : Answer in One or Two sentences : = 20.

a) Limitation Act applies to which proceedings ?
Answer : The Indian Limitation Act, 1963 applies to all Suits of civil nature. Civil proceedings,
Appeals and Applications.
b) What are I~ues ?
Answer : In a suit between Plaintiff and the Defendant the facts which have been alleged by one
party and either denied or admitted by the other party to the suit, lead to framing of Issues. Issues
are framed by the Court in a form of questions and they are material and important points on
- which the case is to be conducted, argued and dealt with. Issues are framed on the basis of the
Pleadings i.e. Plaint and Written Statement.
c) When is ex-parte decree passed by Court ?
_Answer : Ex-parte decree is a decree passed by a Court. when on the date of hearing. when the
,. suit is called out for hearing. the Plaintiff is present in the Court but the Defendant and/or his
1 Advocate is absent. [Apr. 17: Apr. 16: Nov. 13: Nov. 12: May. 12: Nov. 11; Nov. 08].

d) .What are the pre-requisites for ftling a suit against Government ?

Answer : Two months' notice in writing. containing all particulars must be given to the Secretary
of the Government or Collector of the district or in the case of Railways. to the general manager.
[Nov. 15; Nov. 12]. '
e) What is letter of request?
Answer : In lieu of issuing a Commission. the Court may issue a letter of reguest to examine a
witness residing at any place not within India - (Section 77 of the C.P.C.}. Letter to a defendant
instead or writ of summons where in the opinion of the Court. the defendant is of a rank entitling
him of such consideration. [Apr. 16: Apr. 15: Apr. 14: Nov. 13: Apr. 13: Apr. 13: May. 12;.Apr.
11; Apr. 06]. .
f) What is the definition of a Judge ?
Answer : Judge means the presiding officer of a Civil Court. [May, 07].
g) What is the effect of part-payment on limitation ?
CPC 202. Author - Prof. Prakash K. Mokal.
Answer : Part-payment extends limitation to further period prescribed. A fresh period of
limitation shall be computed from the time when the payment was made - Section 19 of the Indian
Limitation Act, 1963. [Nov. 16; Apr. 16; Nov. 13; Nov. 12: May, 12]. ·
h) What is a foreign judgement?
Answer :Foreign Judgement is a Judgement passed by a Foreign Court - Section 2 (6) of the
C.P.C.. 1908. [Apr. 17: Nov. 16; Apr. 14; Nov. 13; Apr. 13: Nov. 12: Nov. 11: Nov. 06].
i) . In which Court can the suit on an immovable property be file ?
Answer : Suit can be instituted in any Court within the local limits of whose jurisdiction any
portion of the property is situated: and in case where there is uncertainty as to within whose locai
limits of the jurisdiction ·of two or more Cowts, any immovable property is situated, then in such
case, the suit can be instituted in any one of those Courts - Sections 17 and 18 of the C.P.C .• 1908.
(Apr. 17; Apr: 16; Apr. 11]. I
j) What is revision ? ·
Answer : High Court can call for records of any case decided by subordinate Court when there is
no right of appeal and where it appears that the Court has no jurisdiction or failed to exercise its
jurisdiction or exercises its jurisdiction illegally or irregularly. (Nov. 06]. '.

Q. 2 : Write short explanatory notes on Any Four : = 20.

a) Provisions of recognized agents and Pleaders.
b) Plaint and Written Statement.
c) Attachment before judgment.
d) Appeal to Supreme Court.
e) Stay of Suit and Res-Judicata.
f) Interpleader Suit.

Q. 3 : Answer Any Two with reasons : = 12.

a) M is minor. His uncle takes possession of his property. M's mother wants to file a suit on
behalf of minor.
i) Can she do it ?How ?
Answer : Yes, she can file a suit as a next friend of M, the minor to recover the possession of the
minor's property of which the possession is illegally taken by his uncle. Next friend of a minor
means a penon i) who files a suit on behalf of a the minor plaintiff. and ii) who is a major with
sound mind not having any interest adverse to that of the minor or lunatic.
ii) What is the effect of limitation on such suit ?
Answer : The limitation of a period of three years starts after M·becomes 18 years old.
b) A files a suit against B for recovery of Rs. 50, 00, 000/-, and serves him the writ of summons,
which fixes the date 19 th October, 2012. B has to recover from A Rs. 25, 00, 000/-
i) As B's advocate, what procedure will you advise?
Answer : If B has to recover a sum of ascertained money (in this case Rs. 25. 000/-) from the
Plaintiff A. then as an Advocate of B. I would like to advise B to file a claim for Legal Set-Off -
1) by filing within 30 days of the service of writ of summons. a Written Statement to Set-Off: 2)
When the Written Statement is presented by him. he shall file the document and a copy thereof
with the Written Statement; 3) The Defendant B in his Written Statement must present all the
particulars of the debt which he sought to Set-Off. 4) The Court will have to give two Judgements
on Suit and Set-Off. '
Set-Of[is a cross claim which the Defend(lnt B claims against the original claim (Rs. 50,0001-) of
the Plaintif[A. Such mutual debts against each other can be settled against each other. It is an
extinction o(a debt of which two persons, the Plaintiff and the Defendant, are reciprocal debtors
to one another.
ii) In which Court can B recover bis claim against A ?
CPC 203. Author - Prof. Prakash K. MokaL
Answer : B can file a suit in any Civil Court {i.e City Civil Court) having a pecuniacy; jurisdiction
so to entertain such a suit. · · ·
c) D obtains a decree against E· from Mumbai Court. But E does not have any property in
. Mumbai, although he has property in Pune. . ·
1 i) What is the remedy of D to execute the decree in ~uch case ?

Answer : Mr. D can execute the decree by making an a1mlication for execution of decree to tbe
Court in Pune within whose jurisdiction Mr. E has his property.
ii) HE.also has property in Nashik, will it make difference?
Answer: In such a case; Mr. D can execute the decree by making an application for execution of
the decree either in the Court of Pune or in the Court of Nashik within whose jurisdiction Mr. E
has his property.
I
Q. 4 : Write essay type detail answers on Any Four : = 48.
a) Suit by or against minors and persons of unsound mind.
b) Decree, its types, and execution of decree.
c) What is limitation ? What is the effect of fraud and part-payment on limitation under the
Limitation Act ?
d) Injunction and Interlocutory Orders.
e) Reference, Review and Revision.
t) Issue and service of writ of summons.

[4]
[December, 2017 (16.12.17)] I
'Witli So{utions
Please check whether you have got the right question paper.
Q. 1 : Answer in One or Two sentences : = 20.
a) Who is a next friend of minor ?
Answer : Next friend of a minor means a person i) who files a suit on behalf of the minor or
lunatic plaintiff and ii) who is a major with sound mind and not having any interest adverse to that
of the minor or lunatic. (Nov. 15; Dec. 14; Nov. 08; Nov. 07; Apr. 06; Nov. 05].
\,b) Who is a 'Indigent Person' under the Civil Procedure Code?
\ Answer : An indigent person or a pauper person is one who is not possessed of sufficient means
(other than property exempt from attachment and subject matter of a suit} to enable him to pay fee
payable by law on plaint: or where no fee is prescribed, in such a case, indigent person is one who
is not entitled to property worth Rs. 1,000/- (other than property exempt from attachment and
subject matter of suit). (Nov. 08: Apr. 08: Nov. 06: Apr. 06].
c) What is Preliminary Decree ?
Answer : A preliminary decree is passed just before the final decree is passed. If an am,eal is
made against the preliminazy decree and it succeeds/appeal is allowed (i.e. the preliminary decree
is set aside in· the am,eal}. then final decree passed in the suit does not stand as it is not s~ported
by preliminary decree (i.e. in such a case, the final decree is automatically set aside). [Apr. 06].
d) What is meant by 'Inherent Powers of the Court'? ·
Answer : Inherent powers of Court are powers to make such orders as may be necessacy for ends
of Justice so to prevent abuse of the process of Court under Section 151 which are not limited by
any provision of C.P.C. [Nov.16: Apr. 08: Nov. 07:Nov. 06: Apr. 06; Nov. 05).
 204. Author - Prof. Prakash K. Mokal.
e) When a foreign judgement not conclusive?
Answer : As per Section 13 of the CPC, the foreign judgment shall not be conclusive and cannot
be enforced in India -1} if it has not been pronounced by the Court having competent jurisdiction:
2} if it is not given on the merits of the case; 3) if it is not founded on correct view of international ·
law; 4) if it is opposed to natural justice; 5) if it is obiained by fraud; 6) if any Indian law is
refused to be recognized when Indian law is applicable to a case or. if it is based upon a claim
founded on a breach of Indian law.
t) How summons are served, where defendant resides in another State ?
Answer : According to Section 28-A summons to be served upon the defendant residing in
another State, 1) must be sent for service to such court in another State and in such a manner as
may be prescribed by rules in force in that State. 2) The court to which the summons is sent, shall,
upon receipt of summons shall. proceed as if it was the summons issued by that court itself. The
court servicing the summons shall. then return the summons to the court which has issued it and
shall submit the record of its proceedings with regard to service of summons. ·3Y Where the
language of the summons sent for service in another State is different from the language pf the
record of the proceeding of the court servicing the summons. then a translated copy of the r'ecord
must also be sent with the record. Such translated copy can be in - a} Hindi where the language of
the court issuing the summons is Hindi, or b} in Hindi or English where the language of such
record is other than Hindi or English.
g) Who is a judgement debtor ?
Answer : Judgement debtor is any person against whom a Decree has been passed or Order
capable of execution is made. {Apr. 15; Apr. 13; Nov. 11; Nov. 05].
h) What do you mean by 'Abatement of Suit' ?
Answer : The abatement of suit means the suit abates or comes to an end ot cause of action does
not survive due to death of the Plaintiff or the Defendant - Section 7 of the C.P .C. [Apr. 16; Apr.
15; Apr. 11; Nov. 08; Nov. 07; Nov. 06; Apr. 06).
i) When costs are levied on to parties litigation in a suit ?
Answer : The costs of a suit and costs incidental to all suits shall be in the discretion of the _Court.
and the Court shall have full power to determine by whom or out of what property and to what
extent such costs are to be paid. and to give all necessary directions for the pu.IJ>oses aforesaid -
I

Section 35 of the C.P.C. [Nov. 16; Apr. 15].

j) What is Review ?
Answer : Review is an application made to the same Court. which has passed a decree or order. to
reconsider it, l) due to discovery of a new matter of evidence or error apparent on the face of
record or 2) when the order passed by that Court is non-appealable or 3) when the appeal is not
preferred. [Apr. 13; Oct. 09; Nov. 08; Apr. 06: Nov. 05].

Q. 2 : Write short explanatory notes on Any Four : = 20.

a) Foreign Judgement. b) Interim Order and Stay. c) Second Appeal. d) Counter Claim. e)
Interpleader Suit. t) Adverse Possession.

Q. 3 : Answer Any Two with reasons : = 12.

a) A filed a suit against B for declaration that the religious rites performed by B during the
Village Puja of the deity were not proper. B contends that he has been performing the village
puja as per the Hindu religious rites.
i) Is the suit maintainable by a Civil Court ? De~ide.
Answer : Yes, the suit is maintainable by a Civil Court. Under Section 9 of the C.P .C. 1908. the
Civil courts are empowered with jurisdiction to try all suits of civil nature.
CPC 205. · Author - Prof. Prakash K. MokaL
ii) Whether the right to worship in temple is a civil right and is it the suit of civil nature or
not?
Answer : The right to worship in temple is a civil right and is a suit of civil nature. The Supreme
Court has laid the. guidelines to detennine whether right to religious office is of a civil nature or
1
· . not : 1) A suit for declaring the right to an office attached to the temple along with the privileges,
· remuneration and reguisites attached to it can be tried by civil court. 2) The suit of the nature
mentioned above, must have the legal obligation upon the holder of such office to discharge the
duties attached to the office .which he holds. In case of failure to perform such duties and
obligations, must result in the imposing of the penalties upon him.. ·
st
b) Arnab's suit is fixed for hearing on 1 December, 2016. ·ue met with an accident and is
seriously injured and was admitted to hospital on 30 th November, 2016, a day before his
hearing. He is unable to inform his Advocate, and hence, ex-parte Decree is passed by the I
Court against Arnab oil 1st December, 2016 ..
i) What is the remedy available to Arnab on recovering from hospital ?
Answer : The remedy is to apply to the same Court for setting aside the decree under Order lX,
Rule 13 and satisfy the Court that he was prevented by sufficient cause (due to accident just a
previous day) from appearing in· the Court. The decree can be set aside and the time can be
extended under Section 5 of the Indian Limitation Act, 1963, till the date Arnab's illness ceases o
discharged from the hospital on good health. Even, Arnab can file an appeal, if that Court refuses
to set aside the ex-parte decree.
ii) What proof he should provide before the Court ?
Answer : By way of a proof he can produce the medical papers given by the hospital and medical
certificate to show that he was hospitalized and so could not attend the Court.
c) Decree passed against an adult person who had been sued as a minor, in ignorance that he
had become major.
i) What s,iould the plaintiff do on learning the truth ?
Answer : :The Plaintiff, in such case, when gets to know the truth that the Defendant was wrongly
mentioned in the original Plaint as a minor person, can apply for the amendment of the Plaint so to
describe minor as major and to remove the guardian from records of the suit.
ii) Can the defendant refuse to honour the decree on the ground that the Original Plaint
describes him wrongly ?
Answer : Unless prejudice is caused to his interest, the defendant in the present case, cannot
refuse to honour the decree on the ground that the original Plaint describes him wrongly as a
mmor.

rlt. 4 : ·write essay type detail answers on Any Four : = 48.

., a) Give a brief account of different kinds of jurisdictions under the CPC.
b) Appeals to High Courts and the Supreme Court. ·
c) Define Summons. What are the different modes of serving summons under the CPC ?
d) Discuss the law relating to suit by or against the Government. Is there any exemption
from arrest and personal appearance ?
e) Define 'Injunction'. Explain the grounds to grant temporary injunction.
t) Elucidate the general principle of limitation under the Limitation Act, 1963.

I [Sl
[April, 2017) I
CPC 206. Author - Prof; Prakash K. Mokal.

Witn Solutions
N.B. : (1) All question are compulsory.
(2) Figures to the right indicate full marks.

Q. 1 : Answer in One or Two sentences : = 20.

a) In which court can the suit to recover immovable property be filed ?
Answer: [April, 2016].
b) What is effect of filing of Caveat ?
Answer: (April, 2016].
c) To what extent are the legal representatives of a deceased defendant liable in execution of
decree passed against the deceased defendant ? I
Answer : [April, 2016].
d) What is a Letter of Request ?
Answer : fApril, 2016].
e) What is an ex-parte decree?
Answer : [April, 2016].
f) What is the effect of part-payment on limitation ?
Answer : [April. 2016].
g) What is Summons for Judgement in a Summary Suit?
Answer: [April, 2014].
h) What is execution of decree?
Answer: [April, 2016].
i) What is a Foreign Judgement ?
Answer: [April, 2014].
J) What is meant by mesne profit ?
Answer : Mesne profits mean the profits of an estate received by a tenant in wrongful possession
between two dates {i.e. intermediate period) - [Order XX- Rule 12].
Q. 2 : Write short notes on Any Four : = 20.
a) Interpleader Suits. b) Appeal to the Supreme Court. c) Settlement of disputes outside
Court under Section 89 of the C.P.C. d) Attachable and non-attachable properties in
execution of decree. e) Acquisition of right by prescription under the Limitation Act. t) Suit
by or against a Partner or Indigent person.

Q. 3 : Solve Any Two problems with reasons : = 12.

a) In 2008, Mr. A conceals from Mr. B a document by which Mr. B is entitled to get gift of
property. Mr. B discovers that document in the year 2011.
i) When will the period of limitation start for Mr. B to file a suit to recover the property under
that document ?
Answer: [November. 2013)
ii) Why?
Answer: [November. 2013)
b) Mr. E files a suit against Mr. F for recovery of Rs. 25,00,000/-for goods sold to him and Mr.Fis
served with writ of summons to flle his written statement in Court. Mr. F's contention is that he
suffered a loss of Rs. 5,00,000/- due to bad quality of some of the goods sold by Mr. E and as a
result he has a claim for damages.
i) What is Mr. F's remedy to recover his loss from Mr. E?
Answer: [April. 2016; November, 20131
U)"Can Mr. E defend such claim of Mr. F? By which procedure?
CPC 207. Author - Prof. Prakash K. Mokal
Answer: (April, 2016; November, 2013). '.j

c) A and B, both reside in Mumbai, in the same building. A has made an Agreement with B to sell
his bunglow at Pone on 2nd October, 2010, upon B making payment of Rs. 25,00,000/- by
-Demand Draft. B has kept the Demand Draft of Rs. 25,00,000/- ready and shown it to A, but
now A refuses to sell bunglow as per Agreement.
--i) In which place can B file a suit against A to enforce the Agreement for sale of the bunglow ?
Answer : [April, 2016: December, 20141
ii) Whether the Court in Mumbai has Jurisdiction to entertain such suit ? - l .

Answer: [April, 2016: December, 20141

Q. 4 : Write Essay Type Answers on Any Four : = 48.

a) Jurisdiction and its types.
b) What is Law of Limitation ? When can it be extended under the various provisions of the
Limitation Act ?
c) State the provisions of the CPC relating to Injunctions a·nd Interlocutory orders.
d) Reference, Rmew and Revision.
e) Written Statement, Set-off, Counter-claim.
t) Arrest and Attachment before Judgement.

[6]
November 2016 24.11.16

'With SoCutions
N.B. : (1) All qu~tion are compulsory.
(2) Flgures\to the right indicate full marks.

Q. 1 : Answer in One or Two sentences : = 20.

(a) What is a Judgement?
Answer: (December. 2014].
(b) What is Foreign Judgment ?
Answer: [April, 2014).
(c) ijow is Writ of Summons is _served when Defendant resides in another State ?
Answer : Writ of Summons may be sent for service in another State to such Court and in such manner
as~may be prescribed by rules in force in that State.
(d) When is cost awarded by Court to a party to the suit?
Answer : The costs of and incidental to all suits shall be in the discretion of the Court, and the Court
shall have full power to detennine by whom or out of what property and to what extent such costs are
to be paid, and to give all necessary directions for the purposes aforesaid.
(e) What is Precept In Execution of dec~ee ?
Answer: (November. 2014].
(f) What is the effect of part-payment on limitation ?
Answer: (April, 2016).
(g) What is jurisdiction ?
Answer : It is an authority or power of the courts to entertain and try the suit/case. It may be
pecuniary jurisdiction. subiect-matter jurisdiction or territorial jurisdiction.
(h) What are inherent powers of Court ?
CPC 208. Author - Prot: Prakash K. MokaL
Answer : Inherent powers are powers to make such orders as may be necessary for ends of -Justice
so to prevent abuse of the process of Court under Section 151 which are not limited by any provision
of C.P. C. [April, 2008].
(i) Who is a Pauper or Indigent person ?
Answer: [November, 2008].
(j) What is Abatement of suit ?
Answer: [April.20111.

Q. 2 : Write short notes on Any Four : = 20.

a) Stay of Suits and Res-judicata. b) Adverse Possession under the Limitation Act. c) Set-off
and Counter Claim. <J) Appointment of Receiver. e) Suits by and against Government and
Corporations. f) Caveat.

Q. 3 : Solve Any Two problems with reasons : = 12.

(a) Rahul wants to file a suit in Court. Today is the last day of limitation but the Court is ~losed
due to holiday. Advise Rahul.
i) What can Rahul do ?
Answer : [April. 2014]
ii) Will his suit be dismissed if filed after Court holiday is over ?
Answer : [April. 2014)
(b )Akshay has filed a suit against Bhaskar for recovery of an immovable property based on an
Agreement to Sale with Bhaskar. During the pendenc;y of the suit, Bhaskar dies.
i) What is Akshay's remedy ?
Answer : In this case, the defendant, Bhaskar's Advocate has to infonn the plaintiff. Akshay and
Akshay ha:i to make an application to bring heirs of the defendant. Bhaskar on record if the suit
can be succeeded by his legal heirs. If the heirs of Bhaskar are not joined as parties, the suit cannot
be disposed off [Order I Rule 3]. In order to enable the court effectively and completely adjudicate
On the death of the defendant, Bhaskar, the right to sue survives, but the suit abates.
ii) If Bhaskar's heirs are not joined as parties, what will happen to the suit ?.
Answer : In every suit there is a necessary party. The presence of necessary party is mandatory. If
the necessary party is not joined in a suit. it amounts to non-joinder. As per Order I Rule 9. the
suit shall not be defeated due to non-joinder of parties. But. Order I Rule 9 is not applicable to the
non-joinder of necessary party.
(c) John has given a loan of Rs. 2,00,000/- to Peter. The limitation period for repayment has
expired. But when John demands repayment of the loan amount, Peter gives an
Acknowledgement in writing to pay it after 6 months.
i) Will the limitation be extended by such writing ?
Answer : No. the limitation period cannot be extended by such writing, after the limitation period
has expired. The suit is required to be filed within three years after the expiry of the period of
limitation. ·
ii) Would it have made any difference if the Acknowledgement in writing to pay it would
have been given before the expiry of limitation ?
Answer : In such a case, under Section 18 of the Indian Limitation Act, 1963, a fresh period of
limitation shall be computed from the time when the acknowledgement was so signed.

Q. 4 : Write Essay Type Answers on Any Four : \ =48.

a) When does the Court issue Commission and for what purpose ?
b) What is an Interpleader Suit?
c) Arrest and Attachment before Judgement.
 CPC 209. Author - Prol .Prakash K. MokaL
d) Provisions relating to Appearance of Parties in Court, Consequences of Non-appearance
and Remedies available to the absent party.
e) What is limitation ? When is it extended by Courts ?
t) Appeals to Appellate Courts and the Supreme Court.

[7]
. A ril, 2016 12.4.16

'Witn So{utions I
N.B. : (1) All question are compulsory.
(2) Figures to tbe right indicate full marks.

Q. 1 : Answer in not more than Two sentences : = 20.

(a) In which court can the suit to recover immovable property be filed?
Answer : Suit can be instituted - In any court within the local limits of whose jurisdiction any
portion of the property is situated: and - In case where there is uncertainty as to within whose local
limits of the jurisdiction of two or more Courts any immovable property is situate, then in such case,
the suit can be instituted any one of those Courts. [Sections 17 and 18 of C.P.C.].
(b) What is effect of filing of Caveat ?
Answer : Court cannot hear application before giving 48 hours. notice to Caveator. That is, Once
caveat is filed. the caveator becomes entitled to be heard before an interim order is passed on an
application of the caveatee.
(c) To what ext•t are the legal representatives of a deceased defendant liable In execution of
decree passed against the deceased defendant ?
Answer : The legal representatives are liable only to the extent of the property of the deceased which
has come to his hands and has not been disposed off.
(d) What is a Letter of Request ?
Answer : In lieu of issuing a Commission, the Court may issue a Letter of Request to examine a
witness residing at any place not within India. [Section 77 of the CPC]. Letter to defendant instead of
writ of summons where in the opinion of the Court, the defendant is of a rank entitling him of such
consideration.
(e) ·t-What is an ex-parte decree?
Answer : Ex-parte decree is a decree passed by a Court. on defendant being absent when the suit is
called out for hearing. . · ·
· (t) · What is the effect of part-payment on limitation?
· ·Answer : A fresh period of limitation shall be computed from the time when the payment was made.
[Section 19 of the Limitation Act].
· (g) Can the defendant in a Summary Suit file bis Written Statement, llke regular suit ?
Answer : In a Summary Suit, the summons is to be served upon the defendant along with the copy of
the plaint and all the annextures thereto. Thereafter, within 10 days of the service of summons for
judgement, the defendant shall with the leave of the Court file his written statement. [Order 37 Rule
2]. The procedure in summary suit. shall be the same as the procedure in suits instituted in the
ordinary manner. [Rule 7].
(h) What is execution of decree ?
Answer : Execution of decree is enforcement or implementation of a decree through a Court.
(I) What is limitation for execution of Decree ?
CPC 210. Author - Prot Prakash K. Mokal
Answer : The limitation period for the execution of a decree is three years.
0) What is meant by Pleadings ?
Answer : Pleading means Plaint filed by the plaintiff and Written Statement given to it by the
defendant.

Q. 2: Write short notes on Any Four: = 20.

a) Interpleader Suits. b) Third party procedure. c) Settlement of disputes outside Court
under Section 89 of CPC. d) Attachable and non-attachable properties in execution of
decree. e) Acquisition of right by prescription under Limitation Act. f) Suit by or against
insolvent person. · , ·

Q. 3 : Solve Any Two problems with ·reasons : = 12.. I

a) In 2008, Mr. A conceals from Mr.Ba document by which Mr.Bis entitled to get gift of property.
Mr. B discovers that document in the year 2012, after the limitation, period.
(i) . Can Mr. B still file a suit to recover the property under that document? \
Answer : Yes. Mr. B still can file a suit to recover the property after the limitation period is
over.
(ii) Why?
Answer : Because. Section 17 ( 1) (d) of the Limitation Act. 1963 states that - "where any
document necessary to establish the right of the plaintiff or awlicant (B) has been fraudulently
concealed from him. the period of limitation shall not begin to run until the plaintiff or
awlicant (B) has discovered the fraud or in the case of concealed document. until the plaintiff
or the applicant first had the means of producing the concealed document or compelling· its
production.
b) Mr. E files a suit against Mr. F for recovery of Rs. 25,00,000/- for goods sold to him and Mr. F is
served with writ of summons to file his Written Statement in court. Mr. F's contention is that he
suffered a loss of Rs. 5,00,000/- due to bad quality of some of the goods sold by Mr. E and as a
result he wants to claim loss and damage from E.
(i) Does Mr. F have to file separate-suit to recover his loss from Mr. E?
Answer : No. Mr. F need not file a separate suit to recover his losses from Mr. E.
(ii) Why?
Answer·: Because. the defendant can claim set-off in the same suit as a counter-claim on the
following conditions being satisfied under Order VIII. Rule 6. - a) the suit must be for recovery
of money (Rs. 25 Lakh) ; b) the sum of money claimed for set-off must be ascertained sum of
money {Rs. 5 Lakh); c) such sum must be legally recoverable by the defendant (Mr. F) from the
plaintiff {Mr. E}.
c) A and B, both reside in Mumbai, in the same building. A has made an Agreement with B to sell
his bungalow at Pune, on B making payment of price of Rs. 25,00,000/- by Demand Draft. B has
kept the Demand Draft of Rs. 25,00,000/- ready and shown it to A, but A refuses to complete
sale of bunglow as per Agreement.
(i) In which place can B file a suit against A to enforce Agreement for sale of the bungalow ?
Answer: B can file a suit in the Court of Pune or in the Court of Mumbai.
00 ~ ? .
Answer : Because. the place where the property is situated or the place where the cause of action
has arose, are both the places of jurisdiction of the Court.

Q. 4 : Write Essay Type Answers on Any Four : '- = 48.

(a) Jurisdiction & its Types.
(b) What is Limitation ? When can it be extended under the various provision of the
Limitation Act ?
 CPC 211. Author - Pro( Prakash K. MqkaL
(c) Injunctions and interlocutory orders.
(d) Suit by or against Minors & Persons of Unsound Mind.
(e) Commissions, their Purpose and Procedure.
(t) Discovery, inspection and interrogatories.

I [8]
lNovember, 2015 (18.11.15)] I
'With SoCutions I
N.B. : (1) All questions are compulsory.
(2) Figures to the right indicate full marks.

· Q. 1 : Answer in not more than Two sentences : = 20.

(a) What is misjoinder of parties ?
Answer : If two or more persons are joined as plaintiffs or defendants in contravention of Order 1.
Rule 1 or Order 1. Rule 3 respectively. there is a misjoinder of parties.
(b) What is evasive denial ?
Answer : Just denying facts. without specifically stating the reason or without stating correct
facts. is evasive denial.
(c) What are pre-requisites for filing suit against the Government ?
Answer : Two months' notice in writing. containing all particulars must be given to the Secretary
of the Government or Collector of the district or in the case of Railways. to the General Manager.
· (d) Who is a Next Friend of minor? .
Answer : Next Friend of a minor means a person i) who files a suit on behalf of the minor
plaintiff and ii) who is a major with sound mind not having any interest adverse to that of the
minor or lunatic.
(e) What is an order?
Answer : Order means the formal expression of any decision of a Civil Court. which is not a
Decree. ·
(t) What happens when the Plaintiff is absent on the date his suit is placed for hearing ?
Answer : Where the defendant appears and the plaintiff does not appear when the suit is called for
hearing. the Court shall make an order that the suit shall be dismissed. unless the defendant admits
the claim of the plaintiff. or part thereof. in which case the Court shall pass a decree against the .
defendant upon such admission, and. where part only of the claim of the plaintiff has been
admitted, shall dismiss the suit so far as relates to the remainder.
(g) Who is a decree-holder ?
Answer : A decree holder is a person in whose favour a Decree is passed or an Order capable of
execution, has been made.
(h) What is the effect of acknowledgement in writing on limitation ?
Answer : The limitation period is not calculated from the date of default, but from the date of _
acknowledgement.
(i) What is effect of Set off ? .,
Answer : In a suit for money, the defendant can, in his written statement claim to set off any . ~- ·
legally recoverable sum against the plaintiff. ·;; .
(j) What is Precept ? ·1
Answer : A precept is an Order or direction given to another Court by the Court which has passed
a decree to attach any property specified therein and belonging to Judgement Debtor.
 212. Author - Prof. Prakash K. Mokal.

Q. 2 : Write short notes on Any Four : = 20.

(a) Appeals against Decrees and_Order.
(b) Modes of execution of decrees and orders.
(c) Suits by and against Corporations and Firms.
(d) Rejection of Plaint.
(e) Extension of limitation.
(f) Suit in Representative capacity.

Q. 3 : Solve Any Two with reasons : = 12~

(a) A and B, enter into a contract for sale of-goods by A to B. The contract is made in Mumbai, the
goods are delivered in Chennai, the payment of price is to be made from Delhi, B fails to pay the
price desl)lte delivery of goods. A wants to file suit to recover the price from B.
(i) In which city can he file the suit ?
Answer : The suit can be filed in the Court of city of Mumbai, Chennai or Delhi.
(ll) Why? .
Answer : Because. the place of contract, delivery of goods. payment of price are all the places
"·
of iurisdiction of the Court. '
(b) C has taken loan of Rs. 1,50, 000/- from D against a Promissory Note. After the limitation
period is over, C gives to D in writing signed by him on stamp paper and acknowledges the loan.
(i) What will be the effect of this writing on limitation ?
Answer : By such acknowledgement, the suit is required to be filed within three years.
(ll) Would it make difference if the said writing was given, before the expiry of limitation?
Answer : In such a case, under Section 18 of the Limitation Act. 1963, a fresh period of
limitation shall be computed from the time when the acknowledgement was so signed.
(c) Mr. AB bas filed a suit against Mr. CD. The Court bas fixed 18th October, ·2011 for hearing,
when the plaintiff and his Advocate are present in court, at the time their case is called out. Mr.
CD, the Defendant is absent but his Advocate is present. Mr. CD has suffered heart attack but
could not inform his Advocate, so his Advocate could not inform the court about it. The Court
pa·sses an ex-parte decree against Mr. CD.
(i) What is Mr. CD's remedy ?
Answer : The remedy is to apply to the same Court for setting aside the decree under Order IX.
Rule 4 and satisfy the Court that he was prevented by sufficient cause from appearing in the
Court. The decree can be set aside and the time is extended till the date Defendant's illness
ceases.
(Ii) What would have happened if Plaintiff and his Advocate were also absent on that day ?
Answer : If the plaintiff and his advocate does not appear and the advocate of the defendant is
present then the Court can pass an order that the suit is dismissed.

Q. 4 : Write Essay Type Answers on Any Four : . = 48.

a) Stay of suit and Res Judicata. b) Creation of ownership by adverse possession under
Limitation Act. c) Reference, Review and Revision. d) Summary Suits and their Procedure.
e) Writ of Summons and modes of its service. t) Suit by or against indigent person.

[9]
[A ril, 2015 09.4.15

'Witn Sofutions
CPC 213. Author-Prof. Pralguh'& MokaL
N.B. :· All questions are compulsory.
Q. 1 : Answer in not more than Two sentences : = 20.
a) What is meant by costs in a suit?
4nswer : The costs of and incidental to all suits shall be awarded at the discretion of the Court. and
the discretion must be exercised according to the facts and circumstances of the case before the Court.
The Court shall have full power to determine i) by whom the costs shall be paid; ii) out of what
property the· costs shall be paid; ill) to what extent such costs are to be paid: and iv) the Court has
power to give qirections for the pui:poses aforesaiq [Section 35 C.P.CJ. -
b) When is a suit abated ?
Answer : The suit abates or comes to an end due to death of the Plaintiff or the Defendant.
c) What is the provision for serving summons where defendant resides out of India? _
Answer : Summons and other necessary processes issued by a) any Civil or R,evenue Court
established in any part of India to which the provisions of this Code do not exceed; or b} any Civil' or
Revenue Court established or continued by the authority of the Central Government outside India; or
c} any other Civil or Revenue Court outside India to which the Central Government has. by
notification in the Official Gazette. declare the provisions of this Section to apply. may be sent to the
Courts in the territories to which this Code extends. and serve as if they were summonses issued by
such Courts.
d) What is Letter of Request ?
Answer : In lieu of issuing a Commission. the Court may issue a letter of request to examine a
witness residing at any place not within India. (Section 77].
e) When is Receiver appointed by court?
Answer : The Receiver is appointed by the Court where it appears to the Court to be just and
convenient.
f) Who is Judgment Debtor?
Answer : Jwgement debtor is any person against whom a decree has been made.
g) What are pl.dings of suit ?
Answer : Pleadings of suit mean the Plaint and the Written Statement.
h) What is effect of retirement of next of friend of a minor on suit ?
Answer : On the retirement, removal or death of the next friend of a minor, further proceedings will
be stayed until the appointment of the next friend in his place.
i) What is stay of suit ?
Answer : Section 10 states that ~ "No Court shall proceed with the trial of any suit in which the
matter in issue is also directly and substantially in issue in a previously instituted suit between the
~- same parties. or between parties under whom they or any of them claim litigating under the same title
;; where such suit is pending in the same or any other Court in India having jurisdiction to grant the
relief claimed. or in any Court beyond the limits of India established or. continued by the Central
Government and having like jurisdiction. or before the Supreme Court.
j) What is the effect of limitation on minority ?
Answer : There will be no effect of limitation on minority. as minority is represented by the guardian
or ti.ext friend of the minor.

Q. 2 : Write short notes on Any Four : = 20.

a) Interpleader $ult. b) Reference, Review and Revision. c) Suits by and against minon and
persons of unsound mind. d) Jurisdiction and its types. e) Property not liable to be attached
. in execution. f) Writ of Summons and its service.
Q. 3: Solve Any Two with reasons and relevant provisions of the C.P.C: = 12.
a) Mr. A has ffled a summary suit against Mr. B on the basis of dishonor of cheque of Rs. 1.00 Lac.
A serves upon B writ of summons together with copy of the plaint on 13 th March, 2015.
 CPC 214. Author - Prof. Prakash K. MokaL
i) Within what time Mr.Bis required to enter his appearance either in person or by pleader?
Answer : Within ten days of such service, enter an appearance either in person or by pleader anci, in
either case. he shall file in Court an address for service of notice on him. ·
ii) What are the consequences of not filing the appearance within the specified period ?
Answer : If the Defendant has not applied for leave to defend or if such application has been made ·
and is refused • the Plaintiff shall be entitled to judgement forthwith.
b) C files suit against D for recovery of money in respect of goods sold and delivered to him. D files
Written. Statement and also sets up Counter Claim against C for defective goods sold and
delivered to him and the loss suffered by him on that account.
i) Suit is dismissed for default. Can D proceed with his Counter Claim ?
Answer : If, in any case in which the Defendant sets up a counter-claim, the suit of the Plaintiff is I
stayed or discontinued or dismissed. the counter-claim may nevertheless be proceeded with.
ii) If C fails to put in reply to the Counter Claim of D, whether D is entitled for judgement and
decree against C in relation to the counter claim made by him against C ?
Answer : If the Plaintiff makes default in putting in a reply to the counter-claim made by the
Defendant, the Court may pronounce the judgement against the Plaintiff in relation to the countbr-
claim made against him, or make such order in relation to the counter-claim, as it thinks fit.
c) Mr. E is tradesman in ·Mumbai. Mr. F carries on business in Delhi. Mr. F makes a promissory
note at Calcutta ipayable on demand and delivers it to Mr. E, at Calcutta.
i) Can Mr. E sue Mr. Fin Court at Mumbai ?
Answer : Mr. E can sue Mr. F in Mumbai.
ii) Whether the Court at Calcutta has jurisdiction to try, entertain and dispose of such suit?
Answer : Yes, the Court at Calcutta has jurisdiction to try. entertain and dispose of such suit.

Q. 4: Write essay type detailed answers on Any Four: = 48.

a) Provisions relating to framing of Issues and Judgement on Issues.
b) Provisions relating to Written Statement, Set Off and Counter Claim.
c) Issue of Commissions and its types.
d) Acquisition of rights by prescription and creation of ownership by adverse possession
under the Limitation Act.
e) Summary Suits.
f) Execution of Decrees.

[10]
II [December, 2014 (01.12.14)]
II
'Witn Solutions
Q. 1 : Answer in not more than Two sentences : =20.
a) What is Judgment ?
Answer : 'Judgement' means the statement given by the Judge on the grounds of a decree or order:
The court after the case has been heard, shall pronounce the judgment, and on such judgement the
decree shall follow.[S. 2 {a) and S. 33 of C.P.C.)
b) Who are authorized to appear in a Civil Court on behalf of the parties ? ,
Answer : Parties to the suit have a right of appearance except in cases where the law specifically
directs that that the party must be present in Court, he may be represente.d by a recognized agent or by
advocate. In case of Partnership Company and other association, the parties must be represented by a
 CPC 215. Author - Prof. PraJcash:~;-ffL
person authorized under deed of constitution; In case of Hindu Joint Family, by Karta of the fimilly:4n
case of Trust. by Trustees; In case of a person with disability, by the next-friend or gwu:dian;mfo&se
of deceased party, by legal heirs, successors, administrators, executors as legal representatives; In case
of insolvents and institutions under liquidation, by Receivers or Liquidators: ln case of State, by
District Collector or in case of the Union. by the officer duly authorized.
c) How the Summons is served on Defendant who is confined in a prison?
Answer : Where a suit has been duly instituted, a summons may be issued to a Defendant to appear
and answer the claim and may be served in a manner prescribed on such day not beyond 30 days from
the date of institution of the suit.
d) What are Pleadings ?
Answer : Pleadings of suit mean the Plaint and the Written Statement.
e) Wliat is rejection of Plaint ?
I
Answer : Plaint shall be rejected on the ground that - i) it does not disclose a cause of action; ii) the
relief claimed is under-valued and the plaintiff fails to correct the valuation within time fixed by the
Court; iii) the relief claimed though properly valued, but the paper insufficiently stamped and the
plaintiff fails to su1mly requisite stamp-paper within a time fixed by the Court; iv) the suit ap,pears to
be time-barred by any law; v) suit is not filed in duplicate; vi) the plaintiff fails to comply with the
provisions of Rule 9.
. t) What is meant by interrogatories ?
Answer : In any suit the Plaintiff or the Defendant, by leave of the Court, may deliver interrogatories
in writing for the examination of the opposite parties or any one or more of such parties. and such
interrogatories when delivered, shall have a note at the foot thereof stating which of such
interrogatories each of such person is required to answer. [Interrogatories are issued by the parties set
in opposite sides in the Plaint].
1g) What is meant by next friend of a minor ?
Answer : next-friend of a minor means a person who files a suit on behalf of the minor plaintiff and
who is a majot with sound mind not having any interest adverse to that of the minor or lunatic.
h) What is an Execution of Decree ?
Answer : Execution of decree is its enforcement or implementation of a decree through a Court.
i) What is non-joinder of parties to a suit ?
Answer : Where a person who is necessary or proper party to a suit, has not been joined as a party to
suit. it is a case ofNon-Joinder of parties to a suit.
j) What are the materials o which issues are framed ?
Answer : Issues mean, material proposition of fact or law, affirmed by one party and denied by the
• other. Those propositions which the Plaintiff must allege to show a right to sue or Defendant-to show
\ his defence. The Court shall frame Issues and pronounce Judgement on all the Issues framed.

Q. 2: Write short notes on Any Four of the following: = 20.

a)·set-off and Counter-claim.
b) Effect of Acknowledgement in writing on limitation.
c) Appointment of receiver, his powers and duties.
d) Jurisdiction of Court and its types .
.e) Foreign Judgement.
t) Suit in Representative capacity.

Q. 3 : Solve Any Two with reasons : = 12.

. a) A and B, both reside In Mumbai, in the same building. A has made an Agreement with B to sell
his bunglow at Pone on 2nd October, 2014 for the price of Rs. 25,00,000/-. B has kept the
Demand Draft for Rs. 25,00,000/- ready and shown it to A, but A refuses to complete the sale of
bunglow as per the Agreement.
 CPC 216. Author - Prof. Prakash K. Mokal

i) In which court can ·u file a suit against A, to enforce Agreement for sale of the bunglow ?
Answer : B can file a suit in the Court of Pone or in the Court of Mumbai.
ii) Can suit be filed in court at Mumbai ? ·
Answer : Yes, the suit can be filed at Mumbai.
b) C has taken loan of Rs. 1;50,000/- from D against a Promissory Note expiring on 1•t October, ·
2010. C gives to D writing signed by him on stamp paper, before the expiry of limitation, that he
acknowledges the loan.
i) What will be effect of this writing on limitation period to D's claim to recover loan from C ?
Answer : By acknowledgement of debt, the period can be extended, but the Suit is to be filed within
three years. If such request is made till 1st October. 2013. then the Suit can be filed.
ii) Would it make a difference if the said writing was given after the expiry of limitation ?
Answer: Since the limitation period of three years has completed, the Suit is not maintainable.
c) Mr. E has flied a suit against Mr. F. The Court has fixed 18th October, 2011 for hearing, when
the Plaintiff and his Advocate present in Court, at the time their case is called out. But Mr. F,
the Defendant is absent but his Advocate is present. Mr. F has suffered heart attack but could
not inform his Advocate, so he could not tell the Court about it. The Court passes an ex parte
decree against Mr. F. What are Mr. F's remedies against the ex-parte decree?
Answer : The remedy available to Mr. F is that he can make an application to the Court when he
recovers from illness. supported by hospital papers and certificate to show that he was hospitalized
due to heart attack, and therefore, could not attend the Court, the Court in such case will set aside the
ex-parte Decree and fix the date for hearing the Suit.

Q. 4 : Write essay type detailed answers on Any Four : = 48.

a) Set out in detail the provisions of Appeal, Reference, Review and Revisiqn.
b) Explain the provisions of acquisition of rights by prescription and creation of ownership
by adverse possession under the Limitation Act.
c) "Suit abates upon death or insolvency of the parties to the suit". - Explain.
d) Explain the provisions relating to suits by and against the minor.
e) What are the provisions of Summary Suits ?
f) Explain the provisions relating to production, impounding and return of documents.

[11]
II [April, 2014, (19.4.14)]
II
'With Sofutions
Q. 1 : Answer in not more than Two sentences : = 20.
a) What are the remedies available against the ex-parte decree ?
Answer : For setting aside an ex-parte decree, to make an application before the court which has
passed the ex-parte decree under Order IX. Rule 13.
b) What is the Summons for Judgement in Summary Suit?
Answer : An Application filed by the plaintiff in Summary Suit under Order XXXVII. Rule 3, upon
defendant filing Vakalatnama for passing decree and judgement in favour of the plaintiff.
c) What is meant by Commission ?
Answer : Power of Court under Section 75 to appoint a person as a court official to assist the court to
ascertain and to do other functions of the court.
d) What is the Letter of Request ?
Answer : Court issues a Letter of Request under Section 77 to examine witness not within India.
 CPC 217. Author - Prot Prakash K. Mokal
e) What are the consequences of death of Defendant during the pendency of the suit ? ·
Answer : On death of the defendant, its right to sue survives, suit abates.
t) What is meant by Garnishee Notice ?
Answer : Notice under Order XXI Rule 46A to a person liable to pay debt in to court which he ow:es
td the Judgement Debtor.
g) Who can ftle suit on behalf of minor ?
Answer : The next friend of the minor can file a suit on behalf of a minor.
h) What is meant by Pleadings ?
Answer : Pleading means plaint and written statement.
i) What is a Foreign Judgement ? .
Answer : Under Section 2 (6) Foreign Judgement is judgement of a Foreign Court.
j) What is a Reference ?
I
Answer : Subordinate court refers case for opinion of High Court which involves a question as to
validity of the Act or Ordinance.

Q. 2 : Write short notes on Any Four : = 20.

a) Appointment of Receiver, bis powers and dµties._ b) Stay of Suit and Res Judicata. c) Set-
off and Counter claim. d) Temporary injunctions. e) Amendment of pleadings. f) Effect of
Acknowledgement in writb_1g on limitation .

. Q. 3 : Solve Any Two with reasons : = 12.

a) 'A' filed a suit against 'B' in the City Civil Court at Mumbai. 'B' objects on the ground that the
court has no jurisdiction and the court agrees to the objection.
i) What is the remedy available to 'A' ?
Answer : Upon return of the plaint, to present the plaint before appropriate court having jurisdiction
to try, entertjin and dispose of the suit.
ii) Will the c«.urt fees paid by 'A' be refunded to him?
Answer : The ~plaintiff is not required to pay court fees again, if the suit is presented in the State from
which it was returned. He is not entitled to refund of court fees.
b) 'D' wants to file an appeal in the Bombay High Court. Limitation is expiring on 26th January,
2011, which is a court holiday. On 27'h January curfew is imposed for 7 days due to terror
attack.
i) Advise 'D' about the effect of such situation on filing appeal.
Answer : 'D' can file appeal on the first day of opening of court upon lift of curfew. Such appeal is
within time under Section 4 of the Indian Limitation Act.
\ ii) Will his appeal be admitted after limitation expires in these circumstances ?
'Answer : Yes, appeal being within time, he is entitled to get the appeal admitted on merits.
c) 'C' files a suit against 'D' and serves writ of summons. The date fIXed for appearing in court is
5th April, 2011, when 'D' 111 hospitalized and he cannot attend the court. So, ex-parte decree is
passed against 'D'.
i) What is the remedy of 'D' to set aside ex-parte decree?
Answer: Under Order IX, Rule 13, 'D' is entitled to get the ex-parte decree set aside being prevented
from attending the court, when decree was passed.
Q. 4 : Write essay type answers (Any Four) : =48-
a) Abatement of suit on death or insolvency of parties to suit.
·b) Suits against Finns and Corporations.
c) What is writ of summons ? How is it served ?
d) Appeal, Reference, Review and Revision.
e) What is limitation ? When can it be extended under the various provisions of the Limitation Act ?
.f) Commission, its purpose and procedure.
CPC 218. Author - Prof. Prakash K. MokaL

I [12]
[Nov·ember, 2013 (21.11.13)] ]
'With Sofutions
Q. 1 : Answer in One or Two sentences : = 20.
a) What is a letter of request ?
Answer : Letter to a defendant instead of writ of summons where in the opinion of the Court, the
defendant is of a rank entitling him of such consideration. I
b) What happens when the Plaintiff dies when his suit is pending ?
Answer : His heirs or legal representatives can be brought on record to. plead and to do all necessary
things on behalf of the deceased Plaintiff. ·
c) To which proceedings does the law of limitation apply ?
Answer : Suits. Appeals and Applications.
d) What is the effect of part-payment on limitation ?
Answer : Part-payment extends limitation to further period prescribed.
e) What is an order ?
Answer : Order means. the formal expression of any decision of a Civil Court. which is not a Decree.
f) What are pleadings ?
Answer : Pleadings mean. Plaint and Written Statement.
g) When will court pass an ex-pane decree ?
Answer : When on the date of hearing. Plaintiff is present in the Court but Defendant and/or his
Advocate is absent.
h) What is a foreign judgement?
Answer : Judgement of a Foreign Court.
i) What is Commission ?
Answer : Power of Court under Section 75 to appoint a person as a court official to assist the court to
ascertain and to do other functions of the court.
j) What is a Stay of a Suit ?
Answer : Under Section IO of the C.P.C. provision for the stay of suit is made which is also known as
res sub judice. A suit can be stayed by the Court if i) the matter in issue is also directly and
substantially in issue in a previously instituted suit between the same parties and ii) that previous suit
is pending for adjudication in the same or any other court in India.

Q. 2 : Write short notes on Any Four of the following : = 20.

a) Framing of issues. b) Interpleader suit. c) Acquisition of right by prescription under the
Limitation Act. d) Summary Suit and Summons for Judgement. e) Properties attachable
and non-attachable in execution of decree. f) Provisions of CPC in relation to settlement of
dispute outside court.

Q. 3 : Solve Any Two problems : = 12.

a) In 2008, Mr. A conceals from Mr. B · a document by which Mr. B is entitled to get gift of
property. Mr. B discovers that document in the year 2011.
i) When will the period of limitation start for Mr. B to me a suit to recover the property under
that document ? ,
Answer : The period of limitation will start from the date of documents of the gift deed are entered
into.
")Why.?
u
 CPC 219. Author - Prof. Prakash K. Mo/cal
Answer : ·Under ·Order XL Rule 27 it is provided that additional documents can be submitted by
explaining that • the documents could not be obtained or produced after due diligence, or they were
not known to the aru,ellant.
b) M~. C has filed a suit in Civil Court at Mumbai against Mr. D to recover a loan of Rs. S0,000/-
and has obtained decree against Mr. D. Mr. D does not have any property in Mumbai, but he
has properties in Pune, Nashik and Satara.
i) At which place can Mr. C apply for execution of his decree against Mr. D?
Answer : Mr. C can execute the decree either in Puile. Nashik and Satara making application for
execution to the court within whose jurisdiction Mr. D has his property.
ii) Why?
Answer : Because. there is decree. and accordingly. recovery has to take place.
c) Mr. E files a suit against Mr. F for recovery of Rs. 25,00,000/- for goods sold to him and Mr. Fis I
served with writ of summons to file bis written statement in court. Mr. F's contention is that be
suffered a loss of Rs. 5,00,000/- due to bad quality of some of the goods sold by Mr. E.
What is Mr. F's remedy to recover his loss from Mr. E?
Answer : The remedy to Mr. F is to file a suit against Mr. E for damages for the loss he suffered.

Q. 4 : Write essay type detail answers of Any Four : =48.

a) State the provisions under the-- CPC relating to appointment of the Receiver and
Injunctions.
b) Arrest and Attachment before Judgement.
c) Jurisdiction, types of Jurisdictions.
d) Suit against Government and Appeal to the Supreme Court.
e) Suit by a pauper or an indigent person and Suit by minor.
f) Explain effect of minority, fraud, mistake and suit against Trustees, which extend
limitation under the Limitation Act.

(13]
[April, 2013 (10.o4.13))
II
'WithSofutions
Q. 1 : Answer in not more than Two sentences : = 20.
a)\ What is Written Statement?
Answer : It is reply/defence to Plaint by defendants.
b) Who is Garnishee ?
Answer: Judgement debtor's debtor. who has to pay some amount to Judgement debtor.
c) What is Review ?
Answer : Application to the same Court, which has passed a decree or order. to reconsider it due to
discovery of a new matter of evidence or error apparent on the face of record.
d) What is a Letter of Request ?
Answer : Letter to a defendant instead of writ of summons where in the opinion of the Court. the
defendant is of a rank entitling him of such consideration.
e) What is the effect of a Court holiday on Limitation ?
Answer: The Limitation is extended upto the next working day.
f) What is a Foreign Judgement ?
Answer : Judgement of a Foreign Court.
g) What happens when Defendant defaults in attending the Court after service of Summons ?
 . 220. Author - frol Prqkqsh If Moka& ·
Answer: An ex-parte decree is passed against him in his absence.
h) Can a suit be instituted against Government without notice under Section 80 ?
Answer : Yes. With leave of a Court in a suit to obtain urgent or immediate relief.
i) Who is Judgement Debtor?
Answer : A person against whom a Decree has been passed or Order capable of execution is made.
j) Who are Legal Repre_sentatives ?-
Answer : Persons who in law. represent the estate of the deceased i.e. legal heirs and include the
persons who intermeddle with the estate of the deceased.

Q. 2 : Write short explanatory notes on Any Four : = 20.

a) Commission. I
b) Suits by Minors.
c) Attachment before Judgement.
d) Extension of Limitation.
e).Jurisdiclion· of Civil Court.
f) Reference and Revision.

Q. 3 : Answer Any Two of the following : = 12.

a) 'A's suit is fixed for hearing on 3nt October, 2008. 'A' suffers heart attack and is admitted to
hospital on 2nd October, 2008. He is unable to inform his Advocate. So his suit is dismissed on 3rd
October, 2008.
What is the remedy for 'A' on recovering from hospital ?
Answer : 'A' may make an application to the same Court for setting aside the ex-parte decree and
show the proof of his Hospital papers and then the Court will set aside the ex-pat,te decree and fix a
date for hearing 'A'.
b) Mr. 'I', the landlord of the tenanted property expired leaving behind his three sons: All the
three sons started demanding rent from each tenant separately. Will you advise the tenants to
pay rent to each of the sons ? If not, what will you advise the tenants to do ?
Answer : Tenants need not pay rent to each son of the deceased landlord. Tenants can file an Inter-
pleader Suit by joining all sons and deposit the rent in that Court. which will decide who is entitled to
receive rent.
c) Mr. 'P' has borrowed· the money from Mr. 'Q' with promise to repay the same on 23 rd January,
2003. Mr. 'P' did not repay any amount but requested in writing to extend the period of
repayment of loan by one year, by acknowledging the principal debt.
Will this extend limitation ? If the request in writing is made after the expiry of limitation, will it
still extend limitation ?
Answer : Yes, it will extend limitation by further period. If such writing is given after the expiry of
limitation, then it will not extend limitation.

Q. 4 : Write essay type answers on Any Four : = 48.

a) Explain the provisions with respect to Intcrpleader Suit.
b) Stay of Suit and Res Judicata.
c) Appeal against Decrees, Orders and Certificate of Appeal to the Supreme Court.
d) Law of Adverse Possession.
e) Discuss the Framing of issues, Types of issues and their importance.
f) What is a Execution of a Decree? What are the Modes of execution of a-decree?
 CPC 221. Author - Prof. Prakash. K. Mokal

[14]
[November, 2012 (30.11.12)]

ffitli Sofutions
Q. 1 : Answer in not more than Two sentences : =20.
a) Limitation Act applies to which proceedings?
Answer : Suits. Appeals and Applications.
b) What are evasive denials ?
Answer : Denials which are not specific but vague. I
c) When is ex-parte decree passed by Court?
Answer: When on the date of hearing. Plaintiff is present-in the Court but Defendant and/or his
Advocate is absent.
d) What are the pre-requisites for filing a suit against Government ?
Answer : Two months' notice in writing. containing all particulars must be given to the Secretary of
the Government or Collector of the district or in case of Railways, to the General Manager.
~) What are pleadings ?
Answer : Pleadings mean, Plaint and Written Statement.
f) What is the definition of an order ?
Answer : Order means. the formal expression of any decision of a Civil Court, which is not a Decree.
g) What is the effect of part-payment on limitation ?
Answer : Part-payment extends limitation to further period prescribed.
. h) What is a Foreign Judgement ?
Answer : Foreign Judgement is the judgement of a foreign court.
I) Which orde'\are appealable ?
Answer : Appeal against Order lies on those Orders which are mentioned in Section 104 and Order
XLIII.
j) When ls a receiver is appointed by Court ?
·Answer : Here it appears to th~ Court to be just and convenient.

Q. 2 : Write short explanatory notes on Any Four : = 20.

a) Provisions of Recognised Agents and Pleaders.
Answer:
Order III - Any appearance. application or act in any Court, may be made by party in person or by
his recognized agent or pleader. the Court may order personal appearance of any party - They may.
be persons holding power of attorney. or persons carrying trade or business for and in the name of
persons not residents within local limits of jurisdiction of the Court - Process can be served on
recognized agent/pleader is an advocate ap_pointed by a party by a document signed by the person
or by recognized agent/pleader to file memorandum of his appearance in the Court - Pleader so
ap_pointed, ·may ap_point other pleader on behalf of the party - Process may be served on pleader - .
His ap_pointment to continue until the client or pleader die or until all proceedings are over.

b) Plaint and Written Statement.

c) Attachment Before Judgement.
d) Appeal to the Supreme Court.
e) Stay of Sult and Res-Judlcata.
 0PC' 222. Author - Prof; Prakash K. MokaL
·, .. ,·, . .
Q. 3 : Answer ·Any Two with reasons : = 12.
a) 'M' is minor when bis uncle takes illegal possession of bis property. 'M's mother wants to fde a
suit on behalf of minor.
i) Can she do it ? How ?
Answer: Yes. as a next-friend of minor. she can file a suit.
· ii) What is the effect of limitation on such suit ?
Answer : Limitation period will not start till the minor b,ecomes major.
b) "A" files a suit against "B" and serves him the writ of summons, which fixes the date 19 th
October, 2012. "B" remains absent on that date as he is hospitalized and could not inform his
Advocate. Court passes an ex-parte decree.
i) A an Advocate of "B", what remedy will you advise ? I
Answer : "B" can make an application to the Court when he recovers from illness, supported by
Hospital papers and certificate to show that he was hospitalized and so could not attend the Court, on
this. the Court will set aside the ex-parte decree and fix a date for hearing.
ii) In which Court can an application be made ?
Answer : Application can be made to the same Court or Appeal Court.
c) "D" obtains decree against "E" from Mumbai Court. But "E" does not have any property in
Mumbai, although be bas property in Pone. ·
i) What is the remedy of "D" to execute the decree in such case ?
Answer : "D" can execute the decree in Pune by making application for execution to the Court within -
whose jurisdiction "E" has property.
ii) If "E" also has property in Nashik, will it make difference ?
Answer : Application can be made for execution in the Nashik Court.

Q. 4 : Write essay type detail answers on Any Four : =48.

a) Suit by or against minors and persons of unsound mind.
b) Execution of Decree.
c) Acquisition of Rights by Prescription under the Indian Limitation Act.
d) Injunction and Interlocutory Orders.
e) Refereilce, Review and Revision.
f) Issue and Service of Writ of Summons.

[15]
[May, 2012 (04.5.12)]
II
'Witli Sofutions
Q. 1 : Answer in not more than Two sentences : = 20.
a) What is a letter of request ? .
Answer : In lieu of issuing a Commission. the Court may issue a letter of request to examine a
witness residing at any place not within India. [S. 77 of the C.P.C.].
b) What happens when the Plaintiff dies when his suit is pending ?
Answer : His heirs or legal representatives can be brought on record to plead and to do all nec~ssazy
things on behalf of the deceased Plaintiff.
c) To which proceedings does the Law of Limitation apply?
CPC 223. Author - Prof; Prakash K. MokaL
Answer : All suits of civil nature and other proceedings of civil nature. [Civil Suits and Civil
Proceedings].
d) What is the effect.of part payment on limitation ?
Answer : A fresh period of limitation shall be computed from the time when the payment was made
[S. 19].
e) What is an Order ?
Answer : Formal expression of any decision of a Civil Court, which is not a Decree.
f) What are Pleadings ?
Answer : Pleadings means, the Plaint and Written Statement filed by the parties.
g) When will Court pass an ex-parte decree ?
Answer : Court will pass ex-parte Decree on Defendant being absent when the Suit is called out for
hearing. I
h) What is the requirement under Section 80 of C.P.C. for filing a suit against a Government?
Answer : i) Statutory notice to the Government before filing a Suit; ii) Suit cannot be filed until the
period of two months has expired from the date on which a notice in writing has been given; iii)
Notice should be delivered at the office of Secretary or Collector to the State Government and in case
of a Suit against the Central Government. it should be delivered to the Secretary of the Central
Government; etc.
i) What are Issues ?
Answer : Issues mean, material proposition of fact or law, affirmed by one party and denied by the
other. Those propositions which the Plaintiff must allege to show a right to sue or Defendant to show
his defence. The Court shall frame Issues and pronounce Judgement on all the Issues framed.
j) What is Judgment ? .
Answer: Judgement means, the statement given by the Judge on the grounds of a Decree or Order.
The Court, after the case has been heard, shall pronounce the Judgement. [S. 2 la) and S. 33 of the
C.P.C.].

Q. 2 : Write sbort explanatory notes on Any Four : = 20.

a) Provisions relating to Affidavit and Caveat.
b) Provisions in relation to settlement of dispute outside Court.
c) Provisions in relation to appointment of the Receiver.
d) Stay of Suit.
e) Provisions relating to Jurisdiction of Civil Court.
f) Modes of service of Writ of Summons.

Q. 3 : Answer Any Two of the following : = 12.

a) "A" and "B" enter into a contract for sale of goods. Contract is made in Mumbai. Goods are
delivered in Delhi. Price is payable at Pone. After delivery of goods, "B" falls to pay price. In
which court can "A" me suit to recover price of goods sold and delivered ?
Answer : "A" may file suit in any of the three places, in a Court having jurisdiction.. Mumbai, where
the contract is made: Delhi, where goods are delivered: or Pune, where price is payable. Because, all
these places are causes of action which have arisen in part at all the three places. [Section 20 (c)].
b) "C" has flied a suit in Mumbai. It is placed for hearing on 2nd May, 2011. "C" stays at Nashik.
However, due to old age and ill health, he cannot travel to Mumbai to give evidence in Court. As
"C"s Advocate, what steps will you take to record the evidence of "C" ?
Answer : To record evidence of "C" - Court will appoint a Commissioner - by sending
Commissioner to "C''s place - on "C''s application to Court - Deposit of cost of Commissioner -
Notice to opposite parties - Commissioner will visit "C" and record questions and answers including
cross-examination - Make his Report to Court (Order XXVI].
 CPC 224. Author - ProG Prakash K. Mokal

c) "D" wants to me an appeal in Mumbai High Court. Limitation is expiring on 26th January,
2011, which is a Court holiday. On 27th January, 2011 curfew is imposed for 7 days due to terror
attack. Advise "D" as to filing appeal after limitation expires in these circumstance~.
Answer : Limitation will be extended by Court due to Court holiday and curfew [Sections 4 and 5
of the Limitation Act]. "D" must show this to the satisfaction of Court by proof.

Q. 4 : Write essay type detail answers on Any Four : = 48.

a) State the provisions under the C.P.C. regarding execution of decree.
b) Explain the provisions of law with regard to interpleader suits.
c) State the ]provisions under the C.P.C. regarding Review, Revision and Appeal.
d) State the provisions of suit by and against minors and persons of unsound mind.
e) Summari:se the provisions relating to death, marriage and insolvency of parties in a
pending suit.
f) Computation of Limitation under the Limitation Act, 1963 and its extension.

[16]
II [November, 2011 (22.11.11)]

'Witn Sofutions
Q. 1 : Answer in not more than Two sentences : =20.
a) What is a Foreign Judgment ?
Answer : Judgement of a Foreign Court.
b) Who ls a Judgement-Debtor?
Answer : A person against whom a Decree has been passed or Order capable of execution is made.
c) What is an Order?
Answer : Formal expression of any decision of a Civil Court, which is not a Decree.
d) How is a Suit instituted ?
Answer : Suit is instituted by filing a Plaint with Affidavit or in such manner as may be prescribed.
e) What are Pleadings ?
Answer : Plaint and Written Statement.
f) Who is Decree-Holder ?
Answer : A person in whose favour a Decree is passed or an Order capable of execution, has been
made.
g) What is legal disability under the Limitation Act ?
Answer : Minority and Insanity.
h) What is an Ex-parte Decree ?
Answer : Decree passed in the absence of the Defendant.
I) Who is a Garnishee ?
Answer: Garnishee is the Judgement Debtor's Debtor.
j) What Is a Reference ?
Answer : Any Court may state a case and refer it to High Court for opinion.
Q. 2 : Write short explanatory notes on Any Four : =20 .
. I
a) Issues.
b) Plaint and Written Statement.
c) Review.
 CPC 225. Author - Prof. Prakash K. Molcal.
d) Attachment before Judgment.
e). Suits by Minors.
t) Extension of Limitation.
.
Q~ 3 .; Answer Any Two of the following : = 12.
a) "A" and "B" enter into contract for sale of goods. Contract is made in Mumbai. Goods are
delivered in Delhi. Price is payable at Pune. After delivery of goods, "B" fails to pay price. In
which Court can "A" file suit to recover price of goods sold and delivered?
Answer : "A" may file suit in ariy of the three places, in a Court having jurisdiction. Mumbai. where
the contract is made: Delhi, where goods are delivered: or Pune, where price is payable. Because. all
these places are causes of action which have arisen in part at all the three places. (Section 20 (c)]. I
b) "C" has fIJ.ed a suit in Mumbai. It is placed for hearing on 2nd May, 2011. "C" stays at Nashik.
However, due to ill health he cannot travel to Mumbai to give evidence in Court. As "C"s
Advocate, what steps will you take to record the evidence of "C" ?
Answer : To record evidence of "C" - Court will appoint a Commissioner - by sending
Commissioner to "C"s place - on "C''s application to Court - Deposit of cost of Commissioner -
Notice to opposite parties - Commissioner will visit "C" and record questions and answers including
cross-examination-Make his Report to Court (Order XXVI].
c) "D" wants to file an Appeal in Mumbai lijgh Court. Limitation is expiring on 26th January,
.2011, which is a Court holiday. On 27th January, 2011, curfew is imposed for 7 days due to
terror attack. Advise "D" as to filing Appeal, after Limitation expires in these circumstances.
Answer : Limitation will be extended by Court due to Court holiday and curfew (Sections 4 and 5 of
the Limitation Act]. "D" must show this to the satisfaction of Court by proof.

Q. 4: Write essay type answers on Any Four: = 48.

a) Types ~f Decrees and Modes of Execution.
b) Referente, Review and Revision.
c) Written Statement, Set-off and Counter-claim.
d) Temporary Injunction.
e) Suits against Government.
t) Law of adverse possession.

[17]
II [April, 2011 (19.04.11)]
II
'UJitn So{utions
Q. 1 : Answer in not more than Two sentences : = 20.
a) What is Judgement ?
Answer : 'Judgement' means the statement given by the Judge on the grounds of a decree or order:
The court after the case has been heard. shall pronounce the judgment. and on such judgement the
decree shall follow.(S. 2 {a) and S. 33 of C.P.C.]
b) When is a suit abated ?
Answer : The suit comes to an end or the suit is abated due to death of the Plaintiff or Defendant.
[Section 7 of C.P.C.].
c) What is a letter of request?
 226. Author - Prot: Prakash K. MokaL
· ; .,·: ·:.:Answer : In lieu of issuing a Commission, the court may issue a letter of request to examine a witness
:~ :···,residing at any place not within India. [S. 77 of C.P.C.].
}ay: Suit in respect of immovable property can be instituted in which Court?
.,,,: · · - Answer·: Suit can be instituted - In any court within the local limits of whose jurisdiction any
, portion of the property is situated; and - In case where there is uncertainty as to within whose local
limits of the jurisdiction of two or more Courts any immovable property is situate, then in such case,
the suit can be instituted any one of those Courts. [Sections 17 and 18 ofC.P.C.].
How is a writ of summons is served ?
Answer : Where a suit has been duly instituted, a summons may be issued to the defendant to appear
and answer the claim, and may be served in the manner prescribed, on such day not beyond 30 days
from the date of institution of the suit by - 1) Personal or Direct Service: 2) Service by Affixing a
copy of the summons on Defendant's House without an order of the Court: 3) Service by Registered
Post in addition to Personal Service: and 4) Substitute Service.[Sections 27 to 30 of C.P.C.]
Who can file a suit on behalf of minor ?
Answer : A suit can be filed by a person through guardian or next friend [Order 32, Rule 1].
When is a receiver appointed by Court ? \_ ·
Answer : The Receiver can be appointed by the court if the Court considers it to be just and
convenient. [S. 94 and Order 40, Rule 1].
h) What are the types of Jurisdiction ?
Answer : The types of the jurisdiction are 1) Territorial or Local jurisdiction: 2) Pecuniary ·
jurisdiction: 3) Jurisdiction ove·r the Subject Matter: 4) Original or Appellate jurisdiction. [Sections 16
and 18 of C.P.C.].
i) When is ex-parte decree set aside ?
Answer : Ex-parte decree is set aside by the Court on defendant being absent when the suit is called
out for hearing. [Order 10, Rule 13]. -
j) Which orders are Appealable ?
Answer : Every Order, which is not a Decree, isw not appealable: Only those which are specified in
Section 104 and Order XLIII (i.e. 43) Rule 1, are appealable. (Section 104. Order 43].

Q. 2 : Write short explanatory notes on Any Four : = 20.

a) Jurisdiction and its types.
Answer:
Sections 16 and 18 ofC.P.C ..
b) Stay of suit.
Answer:
Section 10 of C.P.C.- Also known as Res Sub-judice.
c) Caveat.
Answer:
Section 148-A. It means, beware. It is filed in the court to inform the court not to take action
without giving notice to the party filing the caveat.
d) Certificate of appeal to the Supreme Court.
Answer:
Section 109 ofC.P.C.
e) Appeals against orders and decrees.
Answer:
Sections 96, 97 and 98 ofC.P.C.
f) Foreign Judgement.
Answer:
Section 2 {5) - A court situated outside India and not established or continued by the authority of
the Central Government.
CPC 227.
Q. 3-: Answer An Two:
a) 'A' obtains a decree against 'B' from Mumbai Court. 'B' does not have any property },·,-,-,>,,·
Mumbai, but in Pone, he has movable and immovable properties. What is the remedy of'A' t6i ·:;
execute the decree ?
Answer: The Decree can be executed by A against B. Section 44-A of the C.P.C. states that ''where a
certified copy of any of the superior courts :of any reciprocating territ01y has been filed in a District
Court. the Decree may be executed in India as if it had been passed by the District Court. Under
Section 45. the execution of Decree can be in any State of India or outside India.
b) 'C' files a suit against 'D' and serves writ of summons. The date for appearing in Court is 5111
April, 2011. When 'D' is hospitalized, 'D' cannot attend the Court. Ex-parte decree is 'passed I
against 'D'. What is the remedy of 'D', to set aside ex-parte decree ?
Answer : An appeal can be filed by D under Section 96 (2) which provides. an appeal shall lie from
an original decree passed ex-parte. [Section 96 (2) - An appeal can be filed].
c) 'E' is minor when his uncle takes illegal possession of E's property. E's mother wants to
recover property from 'F'. What is the remedy of E's mother ? When will the limitation start ?
Answer : E's mother can file a suit of illegal possession against 'F'. The limitation of 3 years starts
after 'E' becoming 18 years old.

Q. 4 : Write essay type answers on Any Four : = 48.

a) Res".'judicata.
b) Reference, Review, Revision.
c) Commissions.
Answer:
Sections 75 to 78. Order 26. Rule 1. Rule 9. 10. 13, 106.
d) Wha_t is limitation ? How is it extended ? '
e) Writ'\)f summons, its service.
Answer ..:
Section 27, 31.
f) Interpleader suits.
Answer:
Section 88. Order 35. Rule 1 - It means. to litigate with each other and settle the dispute
concerning a third party.

[18]
[November, 2010 (15.11.10)]
II
'Wit.i. Sofutions
Q. 1 : Answer in not more than Two sentences : =20.
a) What is the effect and validity of the caveat ?
Answer: Effect-48 hours' notice before Order; Validity-90 days.
b) wliat is the effect of written acknowledgment while calculating period of limitation ?
Answer : Limitation is not calculated from default. but from acknowledgement.
c) What is cause of action?
·Answer : An act, action or omission gives rise to institute suit.
d) Who has to begin with evidence and who has to begin arguments ?
CPC 228. Author - Prof. Prakash K. MokaL
Answer : Plaintiff to begin with evidence. and defendant to begin with argumen~s
e) What order court can pass if it holds that, the court has no jurisdiction?
Answer : Return the Plaint to file in proper court, fix the date for appearailce.
f) Which period cannot be counted while calculating period to ftle Appeal against one order ?
Answer : From the day of application of certified copy till it is ready.
g) When Written Statement can be flied ?
Answer : Within 30 days - if delay is condoned within 90 days from writ of summons.
h) What is the duty of Defendant's Advocate after death of the Defendant ?
Answer: To inform Plaintiff's Advocate and to inform court with legal heirs.
i) What is the duty of serving officer if the defendant refuses to accept the service of writ of
summons?
Answer: To paste on main door and to report to the court. I
j) Does the right of easement arise out of contract ?
Answer : Never.

Q. 2 : Answer Any Two of the following : = 12.

a) Mr. 'A' along with the bailiff, approached the premises of which the decree for eviction and
possession was passed against Mr. 'B'. On that occasion, Mr. 'X' was found in the possession of
the premises, who refused to hand over the possession of the said premi~es, as the Decree was
not against him. What remedy is available to Mr. 'A' ? When Mr. 'A' can get the possession of
the suit premises ?
Answer : The Plaintiff shall take - obstructionist application - and get possession.
b) One suit in respect of the immovable property was dismissed as the Plaintiff could not produce
the agreement proving his title to the suit land. The Plaintiff, thereafter went to his native place,
where in a wooden box, he found the documents about title of the suit land. Tbe Plaintiff now
desires to file fresh suit on the same ground for the similar reliefs. What is the better course
available to the Plaintiff.
Answer : Instead of fresh suit - Plaintiff to file Review Application under Order LVII.
c) Defendant contended that, the Plaintiff obtained temporary injunction on insufficient grounds,
and applied for expenses in litigation and injury to his reputation of Rs. 75,000/-. Can the court
grant the same, if satisfied about the complaint of the Defendant.
Answer: Under Section 95 only Rs. 50,000/- can be granted.
Q. 3 : Write short notes (Any Four) : = 20.
a) Res-judicata.
Answer:
Explain Res-judicata under Section 11.
b) Reference.
Answer:
Reference to High Court under Order XIVI.
c) Inter-pleader suit.
Answer:
Inter-pleader Suit - Under Order XXXV.
d) Suit against minor.
Answer:
Suit against minor - Under Order XXXII.
e) Amendment to Pleadings.
Answer:
Amendment to Pleadings - Under Order VI. Rule 17.
CPC 229. Author - Prof. Prakash K Mokal.
t) Counter claim.
Answer:
Counter Claim- Under Order VIII, Rule 64.

Q. 4 : Answer Any Four of the followin2 :

a) What are the provisions in Code of Civil Procedure, specially introduced for speedy disposal
of the suit?
Answer:
i) Written Statement is to be filed within 30-90 days (u/0. Vlll, R. 1); ii) Examination-in-chief on: ·
Affidavit (0. XVIII); iii) Cross-examination by commissioner (Under 0. XVIII. R. 4 (2):. iv)
Maximum 3 adjournments (0. XVII); v) Written arguments with oral (0. XVIII. R. 3 A: vi)_ I
Arbitration and Mediation (Under Section 89).
b) Decree is different from order and decree can be preliminary and final decree - Discuss.
Answer:
Decree under Section 2 (2) - Order under Section 2 ( 14) - explanation as to what is Decree - Final:C ·
Decree - explanation. ,{"
c) Discuss in detail the concept of 'ownership by adverse possession'.
Answer:
Ownership by adverse possession : Possession - Adverse to owner - Knowledge to owner
I

Uninterrupted and continuous - No action or proceedings - 12 years - Specific instances.

d) Discuss the framing of issues and considerations for framing issues and its' importance in _-....
civil suit?
e) What is mesne profit? Explain the procedure to determine it.
Answer: ,.,
Mesne Profit - Order XX. Rule 12 - Suit for possession - Decree of possession -- Possession/
unauthorised - Preliminary Decree - Evidence - Decision - Final Decree.
f) Which documents can be received, accepted, returned, exhibited and interpreted in evidence
?
Answer:
Documents entered in the list with Pleadings and received (0. VII, R. 14 (3) - Irrelevant
documents are rejected and returned (0. III, R. 3) - Relevant documents are accepted - Proved
documents are exhibited and read and interpreted - explain how to prove documents.

[19]
[April, 2010 (20.4.10)] I
'With Sofutions
Q. 1 : Answer in not more than Two sentences : = 20.
a) What is Caveat ?
Answer : Party filing a Caveat is entitled to get a 48 hours' notice before Court hears the application
of the opposite party. This Latin word means, "let him or her beware".
b) What is cause of action ?.
Answer : A group of operative facts giving rise to one or more bases for suing; a factual situation that
entitles one person to obtain a remedy in court from another person.
c) Within what period the Defendant has to file the Written Statement after service of the writ of
summons?
CPC 230. A·uthor - Prof. Prakash K. MokaL
Answer : As per Order VIII, Rule -1, the defendant must present the written statement of his defence
within 30 days from the date on which the summons is served upon him.
d) What are the consequences and procedure thereafter, if .the Defendant refuses to receive the
Writ of Summons?.
Answer : The court issuing the summons shall declare that the summons have been duly served on the
defendant when the postal article in which summons was sent. is received back by the court saying
that the defendant or his agent had refused to take delivery of the postal article. Substituted service can
be effected by the serving officer affixing a copy of the summons on the outer door of the house of the
residence of the defendant with the report about the same to the court.
e) What is the procedure to bring the heirs of deceased Defendant on record, after his death?.
Answer : Defendants Advocate has to inform the Plaintiff and to the Court, and the Plaintiff has to I
make an application to bring heirs of Defendant on record if the suit can be succeeded by his legal
heirs.
f) Can Defendant object withdrawal of the suit by Plaintiff?
Answer : Under Order XXIII, Rule 1, Plaintiff has an absolute right to withdraw the suit at any time,
and the Defendant cannot object to it. But. the Defendant may a1mly for the transposition as\_a
Plaintiff.
g) What is the meaning of Injunction ?.
Answer : Injunction is an order from the court restraining the Defendant from doing any act or
commanding to do any act.
h) Who is garnishee ?.
Answer: Garnishee is a judgment debtor's debtor.
i) When procedure to determine Mesne profits commences ?.
Answer : When suit is filed for possession and for profits, a preliminary decree i§ passed granting
possession and to submit an account of profits. When the enquiry as to the actual profits is completed,
a final decree is passed.
j) When a suit can be stayed ?
Answer : A suit can be stayed if i) the matter in issue is also directly and substantially in issue in a
previously instituted suit between the same parties and ii) that previous suit is pending for
adjudication in the same or any other court in India.

Q. 2 : Write short explanatory notes on Any Four : = 20.

a) Inherent powers of a Civil Court.
b) Stay of suit.
c) Certificate of appeal to Supreme Court.
d) Legal disability and limitation.
e) Caveat.
f) Letter of request.

Q. 3: Answer Any Two with reasons: = 12.

a) Defendant received the Writ of Summons on 10th January. Thereafter, he was very sick and
was advised bed-rest during the period l 1t February to 10th March when the Defendant was
required to file his Written Statement. Can the Court allow him to file Written Statement in
above situation ? Till what the Court may allow him to file Written Statement in this
situation?
Answer : The Written Statement has to be field within 30 days from the date of the receipt of the
writ of summons. This is a statutory period, however. further period of 60 days is extended iith
reasons. Therefore total period is 90 days from 10th of Januazy. Till 10th April. the Court may
allow him to file the Written Statement.
 CPC 231. Author - Prof. Prakash K. MokaL
b) Plaintiff obtained Decree to recov.er Rs. 50,000/- against the Defendant, who is employee of
Parle ·Products Company, drawing monthly salary of Rs. 9000/-. Can Plaintiff demand
money from the Parle Products Company ? What procedure the Plaintiff may follow to
demand money, and if unpaid, even thereafter ?
Answer : Plaintiff can file petition to execute the decree. Execution ap_plication to recover money
should be made if unpaid even thereafter, then attachment proceedings can be taken. ·
rd
c) Mr. P has borrowed money from Mr. Q with promise to repay the same on 23 January,
2003. Mr. P did not repay any amount but requested.in writing to extend the period by one
year, by acknowledging the principal debt. Mr. P has been making similar request since
· then. Can Mr. Q lodge suit on 20th April, 2009? Can he claim the agreed interest on the said
amount?
Answer: No, 0. cannot lodge suit on 20th April, 2009. Suit has to be filed within 3 years. though
I
time can be extended from time to time. Yes. he can claim agreed interest on the said amount.
· Q. 4: Write essay type detailed answers on Any Four:· =48.
a) Jurisdiction of a Civil Court.
b) Suit against Government. Order xxvn, Rules 1 to 5, 5B, 6 and SA.
c) Effect of death or insolvency of a party to a suit.
d) Res-judicata.
e) Inter pleader suit.
f) Acquisition of rights by prescription under the Limitation Act, 1963.

[20]
[October... 2009 (30.10.09)1

'WitliSoCutions
Q.1: Answer in not more than Two sentences: =20.
a) What is effect of filing Caveat ?
Answer : Court cannot hear application before giving 48 hours' notice to Caveator. ·That is. Once ·
caveat is filed. the caveator becomes entitled to be heard before an interim order is passed on an
application of the caveatee.
b~ What is importance of cause of action ? .
•' Answer : Cause of action is important for deciding limitation. jurisdiction. reliefs.
c) What is Attachment before Judgement ?
Answer : Attachment of property of Defendant before passing Decree.
d) Within what period the Defendant has to file the Written Statement after service of the writ of
summons? .i

Answer : 30 days is the period to file the Written Statement. otherwise by making application toA -~
condone delay. within 90 days. ·. i; !
e) What will happen when the Defendant and his Advocate does not appear when the suit is for:~_\ .
bearing, after filing Written Statement ? . · '•
Answer : The Court may hear the matter Ex-parte and may pass Decree.
f)_ What is evasive denial ?
Answer : Just denying facts, without specifically stating the reason or without stating correct facts, is
evasive denial.
g) What may happen if the Defendant admits entire claim of the Plaintiff ?
CPC. 232. Author - Prof. Prakash K. MokaL
Answer : Court may pass Decree on Admission.
h) In what circumstances Review can be made ?
Answer : In following circwnstances Review can be made -
i) Appeal is maintainable but not preferred.
ii) Order is non-appealable.
iii) Discovery of new facts, some mistake apparent on the face ofrecord, sufficient reason.
i) What is procedure to bring the heirs of deceased Defendant on record ?
Answer : Defendant's Advocate has to inform the Plaintiff and to the Court, and the Plaintiff has to
make an application to bring heirs of Defendant on record, if the suit can be succeeded by his legal
heirs.
j) What is the meaning of 'injunction ?
Answer : Order restraining Defendant from doing any act.

Q. 2 : Write short explanatory notes on Any Four : =.20.

a) Suits by and against minors.
b) Types of jurisdiction.
Answer:
i) Territorial Jurisdiction, ii) Pecuniary Jurisdiction, iii) Statutory Jurisdiction - Explain with
examples.
c) Service of summons.
Answer:
Under Order V of CPC how is to be served. If not found substituted service. Effect of refusal
of service.
d) Attachment before Judgement
Answer:
If the Defendant is likely to move out of jurisdiction or disposes off his property, then the
property of Defendant can be attached. ~:;.-
e) Appeals against Decree and Orders.
Answer : First Appeal explain under Order XLI. Appeal from Order XVIII. All Orders are
not appealable.
f) Limitation for suit against trustees and their representatives.
Answer:
Limitation for suit against trustees and their representatives.

Q. 3 : Answer Any Two with reasons : = 12.

a) Mr. L, a landlord of the tenanted property exp.ired leaving behind his three sons. Thereafter,
all the three sons started demanding rent from each tenant, separately. Can you advise the .
tenants to pay rent to each of the sons ? If not what remedy is available to the tenants ?
Answer : The tenant can file Interpleader Suit under Order XXXV for deciding who is· the Landlord.
In that Suit, tenant can deposit rent.
b) Appellant in the Appeal against the Decree, got some very important documents during
pendency of the Appeal. Can the Appellant submit those documents ? What procedure the
Appellant will be required to follow ?
Answer : Additional docwnents can be submitted by explaining that, the docwnents could not be
obtained or produced after due diligence, or' they were not known the Appellant, under Order XLI:
Rule 27.
c) Mr. 'S' bas borrowed the money from Mr. 'T', with promise to repay the same on '15 th
February, 2002. Mr. 'S' paid the interest and requested in writing to extend the period by one
CPC 233. Author-Pro
year, by acknowledging the principal debt. Mr. 'S' has been making similar requestsb.l ·,
Can Mr. 'T' lodge the suit in 2008 ? What is the effect of such request on the limitadon-?
Answer: Mr. 'T' cannot lod e the suit in 2008. B acknowled in debt the eriod can be exteh-
but the suit is to be filed within 3 years. If such request is made till 2005, then suit can be filed.

Q. 4 : Write essay type detailed answers on Any Four : =48.

a) Appointment of Receiver, his powers and duties.
b) What is limitation ? How is it extended ?
c) Set-off and Counter-claim.
d) Modes of execution of a decree.
e) Abatement of suit. f
f) Creation of ownership by adverse possession under the Limitation Act.

[21]
A ril, 2009 20.04.09

'With Sofutions
Q. 1 : Answer in not more than Two sentences : =20.
a) What is attachment?.
Answer : Attachment means. restraining or holding some rights over any asset or recoverable amount
b) Which women are exempted from appearing in penon before the Court ?
Answer : Women, who according to the customs and manners of the country ought not to be
compelled to,appear in public, shall be exempt from personal appearance in Court.
c) What order Court can pass, when holds that Court has no jurisdiction to try that suit?
Answer: To return the plaint to file it in the appropriate Court.
d) What will happen when the Plaintiff and his Advocate does not appear when the suit is called
for hearing ?
Answer : Court may adjourn the suit or Court may dismiss the suit.
e) What will happ~n to the counter claim, when the suit of the Plaintiff is dismissed for default ?
Answer : Counter claim shall be treated and tried as separate suit.
f) What is evasive denial ?
\ Answer : Denial without specifically stating the reason or without stating correct fact, is evasive
", denial.
g) What is the procedure to lead examination-in-chief ?
Answer: Witness has to file examination in chief by filing affidavit of his examination-in-chief.
h) What may happen if the Defendant admits entire claim of the Plaintiff?
Answer : The suit may be decreed on admission.
i) What is limitation ?
Answer : Limitation is the period within which the suit should be filed.
j) Who can make reference ?
Answer : Court can make reference on its own motion or on application of a party.

Q. 2 : Write short notes on Any Four : = 20.

a) Commissions.
Answer : [Sections 75 to 78: Order XX.VI] - Any Court may issue Commission by deputing its
officers to examine a person, make local investigation, examine and adjust accounts, partition.
CPC 234. Author - Prof. Prakash K. Mokal
etc .• on application of any party who has to dta>9sit money to cover expenses. Commission visits
. the place and makes report. This saves the time of the Court.
b) Framing of Issues.
Answer : Framing of Issues is done by Court at the hearing of suit to detennine point of
difference between parties, when one fact is asserted by one party and denied by the other, it
becomes Issue. It may be of fact or law (i.e. limitation or jurisdiction) Court will give judgment on
every Issue. Issues are derived from pleadings.
c) Suits by or against corporations.
Answer : [Order XXIX] - Pleadings may be signed by the Secretary or any Director or principal
office able to depose. Summons may be served on any of the three at usual place of its business.
Court may require personal attendance of any officer. A foreign cor:poration may also claim these. I
d) Summons for judgment.
Answer : [Order XXXVII] - In a Summary Suit, when Defendant, upon service of Writ of
Summons, files his appearance in Court, Plaintiff has to issue and serve Summons for Judgement ·
- why Court should not pass Judgement and Decree. Defendant files his Affidavit seeking leavt; to '
defend the Suit. Court may grant unconditional leave or order deposit of money as condition \o
defend or may pass Judgement and Decree. This is Summary Procedure. ·
e) Powers of Receiver.
f) Effect of acknowledgement in writing on limitation.
Answer : If before the expiry of limitation, the Defendant or his agent acknowledges the liability
in writing, duly signed, then limitation is extended by further period, from the date thereof.

Q. 3 : Answer Any Two with reasons : = 12.

a) Mr. 'A' the Plaintiff went with serving officer to serve Writ of Summons upon Mr. 'B', the
Defendant, who refused to receive the same. i) What will be the legal consequences in such
situation ? ii) What precaution the Court has to take while passing Ex-parte Decree in such
situation ?
Answer : i) It will be treated that the Defendant has received the Summons. ii) Court has to verify as
to how it was served and should get Affidavit of serving officer and who is the person pointed out the
Defendant. or Court has to examine the serving officer.
b) The Defendant in a matter expired on 10th January, leaving behind his widow, two sons, one
married daughter. i) Is the responsibility of the Defendant's Advocate over when the Defendant
dies ? ii) If not, what procedure the Defendant's Advocate and Defendant's legal heirs have to
follow ? iii) What is the duty of the Plaintiff in such situation ?
Answer : i) No, the liability of the Defendant's Advocate is not over till he infonns to the Court and to .
the Plaintiff's Advocate. ii} Question does not arise. iii) In such situation, the Plaintiff has to make an
application to the Court to bring the heirs of the Defendant on record.
c) Plaintiff made an application on 15th of April for obtaining certified copy of Decree passed on
3rd April. Due to Court vacation during 10th May to 5th June, the certified copy was ready on
6th June, but Plaintiff received the same on 10th June. i) Latest on what date the Plaintiff can
file Appeal ? ii) What remedy is available if the Appeal is not fLled within time ?
Answer : i) Plaintiff can file an Appeal on or before 25th of June (give reasons as to which period
cannot be calculated for limitation}. ii) If Appeal is not filed within that period of limitation, then
Application to condone delay, can be made.

Q. 4 : Write essay type detailed answers on Any Four :

a) Plaint and Written Statement
Answer:
 CPC 235. Author - Prof. Prakash K. Mokal
Plaint [Order VII] - A Suit is instituted by filing Plaint in Court containing name of Court. name
and address and description of Plaintiffs and Defendants. whether any party is minor or lunatic.
cause of action. jurisdiction. reliefs claimed, value of subject matter. Court fee. etc. Return of
. Plaint if filed in wrong Court and rejection of Plaint if without cause of action.
' Written Statement [Order VIII) - Defendant, on service of Summons files his W. S. of defence,
denying specifically the facts. documents. etc. He can produce documents. state facts. can file Set-
off. Counter claim. etc. ·
b) Reference, Review and Revision.
Answer:
Reference [Section 113. Order 46) - Any may refer question of validity of Act, Ordinance.
Regulation necessary for disposal of case. I
Review [Section 114. Order 47) - Review to the same Court where Appeal is not allowed or not
preferred. reference from Small Causes Court. or discovery of new evidence. not known earlier.
Revision - To High Court. when Court which passed the order had no jurisdiction or exceeded
jurisdiction or failed to exercise jurisdiction.
c) Summary Suits.
d) Writ of Summons and its service.
Answer:
On filing of Plaint, Writ of Summons is issued by Court on all Defendants fixing date of
appearance in Court by Defendant to appear with or without Advocate and to ·file Written
Statement; served by personal service. registered post. fax. e-mail or pasting with leave of Court.
If Defendant is avoiding service, substituted service by publication in newspaper. if so ordered by
Court.
e) Effect of fraud and mistake on limitation.
Answer : "Fraud knows no limitation". In case of fraud or mistake. limitation will start from the
date of discovery of fraud or mistake. Plaintiff must prove fraud and its discovery.
f) "Limitatio1_1 bars the remedy and not the rights" - explain and state the exceptions to this
rule.
Answer : Suit, Appeal or Application filed after limitation period prescribed [by S. 3 Limitation
Act (Schedule)) will be, dismissed. Exception to this rule is adverse possession of movable or
immovable property. where on expiry of limitation. the owner loses his ownership and the
trespasser becomes owner under Section 27 of the Limitation Act. Possession must be adverse -
tenant or heir or manager of property cannot claim adverse possession.

(22]
II [November, 2008 (10.11.08)]
II
'Witn Solutions
Q. 1 : Answer in not more than Two sentences : = 20.
a) Who is pauper or an indigent person?
Answer : Pauper is a person not possessed of sufficient means (other than property exempt from
attachment) to enable him to pay Court fee or property ·worth Rs. 1,000/-.
b) What is abatement of suit ?
Answer : Suit coming to an end due to the death of the plaintiff or defendant.
c) What is a Preliminary Decree?
Answer : Preliminary Decree is that, when further proceedings are required before a suit can be
completely disposed of.
CPC 236. Author - Prof. Prakash K. MokaL
d) What is Attachment Before Judgement ?
Answer : Attachment before judgement is attachment of property of defendant, when he fails to
furnish security to the Court, sufficient to satisfy the decree
e) What is a Review ?
Answer : Review is by the same Court which passed the decree or order, where Appeal is not allowed
or not preferred or on reference from the Small Causes Court.
f) Who is a Next Friend of a minor ?
Answer : Next friend is a person who files a suit on behalf of a minor.
g) What is Summons for Judgement ?
Answer : Summons for judgement is taken out by plaintiff in a summary suit after the defendant files
his appearance on receipt of writ of summons. I
h) What is an Ex-parte Decree?
Answer : Ex-parte decree is a decree passed by a Court on defendant being absent when the suit is
called out for hearing.
i) What is Limitation ? ·.
Answer : Limitation is the period prescribed by the Limitation Act, on expiry of which a s11it,
Application or Appeal is dismissed if filed.
j) What is Commission ?
Answer : Commission is sending an officer of the Court to either record evidence or to inspect
property, make partition, etc.

Q. 2 : Write Short Notes on Any Four : = 20.

1. Temporary Injunctions.
2. Modes of execution of a Decree.
3. Effect of Acknowledgement in writing on limitation.
4. Summons.
5. Reference.
6. Foreign Judgement.

Q. 3 : Answer Any Two with reasons : = 12.

1. 'A' s suit is fixed for hearing on 3rd October, 2008. be suffers heart attack and is admitted to
hospital on 2nd October, 2008. He is unable to inform his Advocate. Ex-parte Decree is
passed against 'A' on 3rd October 2008. What is the remedy of 'A', on recovering from.
hospital ? What is the period of limitation for such remedy ?
Answer : A's remedy is ·to a1;mly to the same Court for setting aside the ex-parte decree under
Order 9 Rule 13 of the C.P.C., and satisfy the Court that he was prevented by sufficient cause
from appearing in Court. Under Section 5 of the Limitation Act, the time is extended till the
defendant 's. illness ceases.
2. On the date of hearing of a suit, both parties and their Advocates appear in the Court. The
Judge feels that there exist elements of settlement, which may be acceptable to the parties.
What is the Judge required to do under Section 89 of the Code of Civil Procedure ?
Answer : Under Section 89 of C.P.C. the Judge shall formulate the terms of settlement and give
them to the parties for their observation, after that re-formulate the terms and refer the same for
Arbitration, Conciliation, Judicial settlement, including Lok Adalat or Mediation, in accordance
with the provisions of the respective laws. If the parties fail to settle the dispute, the Court may
hear the suit.
3. 'C' has borrowed from 'D' Rs. 5 Lakh as a loan. He makes a part-payment of loan to 'D' and
acknowledges in writing, signed by him, to pay the balance after 1 year. If 'C' fails to pay the
balance. What is the effect on limitation of part-payment and acknowledgement in writing ?
CPC 237. Author-Pro£ Prakash K. MokaL
Answer: Under Section 18 and 19 of the Limitation Act, if before the expiry of the limitatifilb the
part-payment is made or-liability is acknowledged in writing signed by ~e person liable-or·any··
person through whom he delivers title, a fresh period of limitation is computed from the date of ·
part payment or acknowledgement.

Q. 4 : Essay type answer Any Four : =48.

a) Decree, types of Decrees, Execution of Decrees.
b) Set-off and Counter Claim.
c) Appeals from Orders and Decrees.
d) Temporary Injunctions and Interlocutory Orders.
e) Attachment before Judgement.
t) Acquisition of ownership by Adverse Possession, under Limitation Act. I
 CPC 238. Author - Prof. Prakash K. Mokal.

"Civil Procedure Code & Law of Limitation"

UNIVERSITY EXAMINATION QUESTION PAPER
CJ/&VisedCourse
According to Objective Question Paper Pattern
Question Papers [23] to [28]
Time : 3 Hours Marks : 100.
I

[23]
II [AI?ril, 2008 {21.4.08}) '~-:.:
II
'With Solutions
N. B.:
a) Answer Section I on the question paper itself. Additional supplement sheets can be attached to
the question paper.
b) Section I will be collected at the end of the first hour of the examination.
c) All questions carry equal marks each in Section I.
SECTION - I (Marks 40) :

Q. I : Tick the right answer with tick mark :

I. Where a decree is silent as regards future interest -
a) it shall be deemed to have been refused.
b) It shall be deemed to have been waived.
c) Both, a), and b).
d) Neither a), nor b).
2. Application for the execution of a decree is to be made -
a) to the Court which passed the decree.
b) to the Court of Small Causes.
c) to the District Court.
d) to the High Court.
3. A decree can be ti:ansferred for execution to another Court -
a) If the Judgment Debtor actually and voluntarily resides or carrtes on business, or personally
works for gain, within the local limits of that other Court.
b) If the Judgment Debtor has property within the local limits of the other Court.
c) Neither a), nor b).
d) Either a). or b).
4. A writ of summons can be served by -
a) Registered post.
b) Fax.
c) Courier approved by the court.
d) All the above.
CPC 239.
5. A pleading means -
a) Plaint.
b) Written Statement.
c) Both, a). and b).
d) Neither a), nor b).
6. Decree is -
a) formal expression of an adiudication.
b) judgment.
c) order.
. d) none of the above.·
7. Precept is -
a) a transfer of the decree for execution to another Court. · .
b) an order to another competent Court to attach any property of the Judgment Debtor.i •. '
jurisdiction of that Court.
c) a process of execution of a decree.
d) all the above.
8. A defendant can claim in his written statement -
a) set off.
b) counter claim.
c) both, a). and b).
d) neither a) nor b).
9. Section 80 of CPC provides that to file a suit against Government, the plaintiff must give -
a) Two months notice.
b) Application for permission of Government.
c) Application for N.O.C. of Government.
d) None of the above.
10. Which of the following properties of a Judgment Debtor are liable to be attach,:d?
a) personal ornaments of women.
b) tools of artisans.
c) books of accounts.
d) shares in Corporation of Government securities.
11. 'Garnishee' is -
a) The Judgment Debtor.
b) Judgement Debtor's Debtor.
c) Judgement Debtor's Creditor.
d) The banker of the Judgment Debtor.
i2. Objections to the jurisdiction of a Court must be taken -
a) In the trial court at the earliest opportunity.
b) In Appeal.
c) In Revision.
d) In Police station.
13. In case of death, of any party to a suit, the heirs can be brought on record -
a) when the right to sue survives.
b) when the right to sue does not survive.
c) when there is a will.
d) all the above.
14. Right to survives in cases of suits for -
a) Property.
b) Loan.
c) Contract.
CPC 240. Author - Prof. Prakash K. Mokal
d) All the above.
15. In cases where no legal representative of a party to the suit, who died during the pendency of suit, is
brought on record under Order 22 ofC.P.C. -
a) the proceedings shall abate.
b) the proceedings shall continue.
c) both, a), and b).
d) neither a), nor b).
16. A suit can be filed on behalf of a minor by -
a) Next friend.
b) Police.
c) Government.
d) None of the above.
17. Provisions relating to issuance of commission are for the purposes of -
a) Recording evidence.
b) Partition of property.
c) Settlement of accounts.
d) All the above.
18. The provisions of Section 80 of C.P.C. for issuing notice to Government are -
a) mandatory.
b) directory.
c) advisory.
d) none of the above.
19. Jurisdiction of a Court is -
a) Territorial.
b) Pecuniary.
c) Statutory.
d) All the above.
20. A suit on negotiable instruments can be filed under Order XXXVII of C.P.C. as
a) summary suit.
b) declaratory suit.
c) mortgage suit.
d) none of the above.
21. Settlement of dispute outside Court includes -
a) Arbitration.
b) Conciliation.
c) Lok Adalat.
d) All the above.
22. A warrant of arrest before Judgment against a Defendant can be issued under Order 38, Rule I of
C.P.C.
a) if the Defendant has absconded or left the local limits of the jurisdiction of the Court.
b) if the Defendant is about to abscond or leave the local limits of the jurisdiction of the Court.
c) if the defendant removes the property outside the local limits of the jurisdiction of the Court.
d) all the above.
23. Civil Procedure Code provides for -
a) temporary injunction.
b) permanent irljunction.
c) mandatory i ,junction.
d) all the above.
24. Temporary injunction can be granted under -
a) Order 39.
CPC 241. Author - Prof; Prakash K. MokaL
b) Order 40.
c) Order 41.
d) Order 42. .
25. Appointment of receiver has been dealt with under Order -
a) XLIV.
b) XLII.
c)XL.
d)XLV.
26. Receiver can be appointed for the purpose of -
a) protection of rights of the parties to the suit
b) prevention of injury to the subject matter of the suit. I
c) both. a). and b).
d) neither a), nor b).
27. 'Next friend' is -
a) a Local Commissioner.
b) a Receiver.
c) a Person defending a sµit on behalf of a minor.
d) a Person.filing a suit on behalf of a minor.
28. A permission to sue as pauper once granted, under Order 33, Rule 9 ofC.P.C. -
a) can never be withdrawn.
b) can be withdrawn by Court.
c) can be withdrawn under certain circumstances only.
d) none of the above.
29. Defendant has to appear in the Court in a summary suit under Order 37, Rule 3 of C.P.C. -
a) within 60 days of service of summons.
b) within 30 days of service of summons.
c) within fQ days of service of summons.
d) within 7 days of service of summons.
30. Right to appeal is provided against -
a) All Orders.
b) All Decrees.
c) All Declarations.
d) All Opinions.
Answer the following in One sentence each :
31.\What is an-Inter-pleader Suit?
Answer : Inter-pleader suit is one in which plaintiff claims no interest. but defendants inter-plead
amongst themselves.
32. What is execution of a Decree ?
Answer : Execution of a decree is its enforcement or implementation through a Court.
33. What is a Reference under Section 113 of C.P.C.?
Answer : Reference is made by any Court to High Court for its opinion in a pending case, and the
High Court may make such order thereon as it thinks fit.
34. Who is an Indigent Penon or a Pauper ?
Answer : An indigent person or pauper is one who is not possessed of sufficient means (other than
property exempt from attachment and subject matter of a suit) to enable him to pay fee payable by
law on plaint: or where no fee is prescribed, not entitled to property worth Rs. l .000/- other than
property exempt from attachment.
35. For how many days a caveat shall remain in force ?
Answer : Caveat remains in force for 90 days from the date it was lodged in the Court.
CPC 242. Author - Prof. Prakash K. MokaL
36. What is the definition of a Judgement ?
Answer : Judgement means, the statement given by the Judge on the grounds of a decree or order.
37. A Review is filed before which Court?
Answer : A Review is filed before the same Court which passed the decree or order.
38. Who is a Commissioner under C.P.C. ?
Answer : Commissioner is a person appointed by a Court to carry out its directions relating to
examination of a witness on oath. taking accounts. sale of property. etc.
39. What is Limitation ?
Answer : Limitation is the time limit prescribed by the Schedule to the Limitation Act, after
expiry of which. a Suit, Appeal or Application cannot be filed.
40. What are the Inherent Powers of a Court ?
Answer : Inherent powers are powers to make such orders as may be necessary for ends of Justice I
so to prevent abuse of the process of Court under Section 151 which are not limited by any
provision ofC.P.C.
SECTION - II (Marks 60) :

Q. II : Answer Any Two : = 20.

a) Discuss the provisions under C.P.C. dealing with Plaint and Written Statement.
Answer:
Plaint - 1) A suit is instituted by filing a Plaint with Affidavit.
2) It shall contain name of the Court. name description and place of residence of the Plaintiff or
Defendant. 3) Whether Plaintiff or Defendant is minor or of unsound mind. 4) Facts constituting
cause of action and when it arose. 5) Facts showing Court's jurisdiction. 6) Relief which Plaintiff
claims. 7) Value of subject matter of suit for jurisdiction and Court fee. ·
Written Statement - I) It is a statement of defence by the defendant. 2) It must be filed within 30
days from the date of service of summons. 3) It must be accompanied by the documents on which
the defence is based. 4) New facts must be specifically pleaded. 5) Denials must be specific and
not general or evasive. but answer the points of substance. 6) It may also contain Set-Off and/or·
Counter-Claim by the defendant.
b) What are the modes of execution of a Decree ? .
Answer:
A decree can be executed under Order XXI by -
1) Delivery of property decreed specifically.
2) Attachment with or without sale.
3) Arrest and detention in civil prison.
4) Appointment of Receiver.
5) Otherwise. as the nature of relief granted may require.
A decree can be executed by the Court which passed it or by any Court within whose jurisdiction
the Judgement Debtor has property or where he resides or carries on business.
Application for execution should contain all particulars of Judgement Debtor· and his properties
and mode in which Court should execute it.
c) When is the Limitation for filing suits, appeals and applications extended?
Answer:
Limitation is extended in the following circumstances -
When the day on which the limitation expires :
1) Is Court's holiday.
2) Plaintiff is under legal disability.
3) Suit is against Trustees by Beneficiaries.
4) Part payment is made.
CPC 243. Author - Prof. Prakash K. Mo/caL -
5) Debt is acknowledged in writing.
6) Date of Judgment or Order is·excluded.
7) Time taken by Court to issue certified Copy.
8) Proceeding bonafide in another Court, not having jurisdiction, etc.

Q. III : Write short notes on Any Four : =20.

a) Inter-pleader suit.
·b) Counter-Claim and Set-Off.
Answer:
In a suit to recover money, a defendant may, in addition to his defence, by way of a written
statement, also file a Counter-claim and/or Set-off against the plaintiff. I
Counter-Claim is defendants claim against plaintiff or any cause of action, legally recoverable from
plaintiff. not exceeding pecuniary jurisdiction of that Court. Written statement also becomes plaint.
Plaintiff can file h1s written statement to counter-claim. Court will hear plaint and counter-claim and
give two judgements and decrees.
Set-Off is defendant's claim against plaintiff in respect of an ascertained sum of money arising out of
the same transaction, legally recoverable from plaintiff. not exceeding pecuniary jurisdiction of the
Court. Plaintiff can file his written statement to Set-Off. Court will give two judgments and decrees.
The main pwpose is to prevent multiplicity of proceedings.
c) Notice under Section 80 of the C.P.C.
d) Caveat.
(For answer, refer this Book)
e) Attachment before Judgment.
f) Effect of part payment and acknowledgement on Limitation in money claims.
Answer:
Part Paymegt - Section 19 of the Limitation Act -
i) Where an:',. oayment on account of a debt or interest on legacy is made.
ii) Before expiration of limitation.
iii) By a person liable to pay or by his agent or authorized representative,
iv) Fresh period of limitation shall be computed from the time. payment is made
Acknowledgement in writing - Section 18 -
1) Where before expiration of limitation.
2) In a suit on property or-right,
3) An acknowledgement of liability is made,
A) In writing, signed by a party against whom property or right is claimed, or by any person through
· whom he derived his title,
5) Fresh period of limitation is computed from the time. when an acknowledgement is signed.

Q. IV : Answer Any Two with reasons : = 20.

a) 'A' filed a suit against 'B' for recovery of his property. During the pendency of the suit, 'B'
dies.
i) What steps should be taken after 'B' dies ? .
Answer: 'B' has died during the pendency of the suit. Suit is for.recovery of property. So, cause
of action survives. Accordingly, under Order XXII. the plaintiff should apply to the Court to bring
the heirs of the plaintiff on record and proceed against them. Heirs can make any defenge. It
should be within time prescribed by Limitation Act.
ii) What happens to the suit if the heirs are not brought on record?
 CPC 244. Author - Prol Prakash K. Mokal.
Answer : If the heirs are not so brought on record. the suit shall abate, i.e. it would end. and will
be dismissed by the Court. If the plaintiff was ignorant of the death of the defendant. time will be
extended on his showing sufficient cause.
b) 'A' obtains a decree for money against 'B'. 'B' does not abide by the decree of the Court, and
hence, 'A' moves the ·court for executing the decree. 'B' pleads in execution that he had paid
part of the money due under the decree to 'A'.
i) Can the executing Court go into that question ?
Answer : If 'B' has paid money to 'A'. the executing Court can go into that question under
Section 47 of the C.P.C. ·
ii) How can the decree be executed ?
Answer : If 'B' satisfies the Court by proving his part-payment, the Court will reduce the amount
of decree. which will be executed for balance only. in any manner. the plaintiff desires. I
attachment. sale, etc.
c) 'A' enten into contract with 'B' for sale of goods. Contract is made at Mumbai, goods are
delivered at Chennai, payment of price is to be made at Delhi. 'B' deliven goods, but_ 'A'
refuses to pay the price agreed. 'B' wants to file a suit against 'A' to recover the price. ·
i) In which places can he file a suit ?
Answer : Suit can be filed under the provisions of Section 20 (c) of the C.P. C. in a Court within
local limits of whose jurisdiction the cause of action has arisen, wholly or in part. In this case of
sale of goods. cause of action has arisen partly at Mumbai where contract is made. at Chennai
where goods are delivered. at Delhi where price is paid. So the suit can be filed at any of these
places.
ii) If' B' is residing at Hyderabad, can he file the suit there ?
Answer : 'B's residence. who is plaintiff. is immaterial. Because Section 20 (a) gives jurisdiction
to Court within whose jurisdiction the defendant resides. carries on business or personally works
for gain.

[24]
II [November, 2007, (19.11.07})
II
'WithSofutions
N. B.:
1) Answer Section I on the question paper itself. Additional supplement sheets can be attached to
the question paper. ·
2) Section I will be collected at the end of the first hour of the examination.
3) All questions carry equal marks each in Section I.
SECTION - I (Marks 40) :

Q. I: Tick the ri1;ht answer with tick mark:

I. A Court Receiver is an -
a) Agent of the Plaintiff.
b) Agent of the Defendant.
c) Officer of the Court.
d) Agent of the Plaintiff and Defendant.
2. Non-joinder of the parties to a suit mean -
a) Necessazy parties left out.
CPC 245. Author - ProC Prakash K. Mokal
b) Wrong parties are included.
c) Necessary parties are included.
·d) either b) or c).
3. Powers of Appellate Court are -
a} To determine a case finally .
. b) To remand a case.
c) To send the matter back for retrial.
d) All the above.
4. Who is an indigent person ?
a) A person angry with everyone.
b) A person unable to pay court fees.
c} A person who has lost the suit. I
d) A person owing money to a decree holder.
5. Pleading would mean -
a) Plaint.
b) Written Statement.
c) Plaint and Written statement.
d) Written statement cum Counter claim.
6. ·The validity of a Foreign Judgment can be challenged before -
a) A Civil Court.
b) A Criminal Court.
c) Either Civil or Criminal Court.
d) Foreign Court.
7. All questions relating to execution, discharge and satisfaction of the decree shall be determined by
a) Court of Appeal.
b) Trial Court.
C) Court executing the decree.
d) High Court.
8. The term "Time requisite" under the Limitation Act, means -
a) Necessmy time.
b) Actual time taken.
c) Maximum time.
d) None of the above.
9. If the land is situated within the jurisdiction of two or more Courts, which Court can execute ·the
decree concerning the said land ?
a) Any of the Courts having jurisdiction over the land.
b) Only the Court that passed the decree.
c) The Supreme Court.
d) Only a High Court..
10. A suit can be filed against the Central Government, by making party to the suit -
a) President of India. ·
b) The Prime Minister.
c) The Secretary to the Government.
d) Ruling Party.
11. Which is the provision in the C.P.C. that deals with Temporary Injunction?
a) Order XX.
b) Order XXXVII.
c) Order XL.
d) Order XXXIX.
12. Constructive res judicata is relating to -
CPC 246. Author - Prof. Prakash K. MokaL
a) Matters directly and substantially in issue.
b) Matters incidently in issue.
c) Matters collaterally in issue.
d) All the above.
13. What is the maximum period of detention in a civil prison where the decree is for more than Rs.
5,000/-?
a) One month.
b) Three months.
c) Four months.
d) One year.
14. Under the C.P.C. a corporation is deemed to carry on business at-
a) Its' principal office in India.
I
b) Its' subordinate office in India.
c) Both, a), and b).
d) Either a), or bl.
IS. A revision shall not operate as a stay of suit or other proceedings before the Court, except wl\~re
such suit or other proceedings are stayed by - ·
a) The High Court.
b) The Supreme Court.
c) Appellate Court.
d) Either of the above.
16. The Court may order to be struck out any pleadings that -
a) Which may be unnecessary, scandalous, frivolous or vexatious.
b) Which may tend to prejudice, embarrass or delay a fair trial.
c) Which is otherwise an abuse of the process of the Court.
d) Either a), orb), or c).
17. Agreement between the parties to institute the suit relating to disputes in a particular Court-
a) Does not oust the jurisdiction of other Courts. •
b) Operates as an estoppel between the parties.
c) The agreed upon Court for jurisdiction, notwithstanding the parties may consent otherwise.
d) Either b), or c).
1'8. Summons may be served on the defendant by courier service as
a) Approved by the defendant.
b) Approved by the plaintiff.
c) Approved by the High Court.
d) Either a), orb), or c).
19. Pleadings must state -
a) Facts.
b) Law.
c) Evidence.
d) All the above.
20. Where a suit abates or is dismissed under Order XXII, on the same cause of action -
a) The Court has the discretion to allow a fresh suit.
b) No fresh suit shall be allowed.
c) The parties can consent to allow a fresh suit.
d) Either b), or c).
21. Warrant of attachment of agricultural produce can be made -
a) On the land where such crop is grown.
b) Where the crop has been cut or gathered.
c) At the defendant's residence.
CPC 247. Author - Prof. Prakash x.· Mokai.
d) Either a), orb). ·- ·-. ·'
22. Place of trial of civil case shall be deemed to be open Court -
a) As provided in the C.P.C.
b) Depending on the discretion of the Court.
· c) As agreed upon by the parties.
d) Either of the above.
23. When an indigent person succeeds, the Court fees shall be recovered by -
a) The defendant.
b) The plaintiff.
c) The State Government.
d) The Advocate for the plaintiff.
24 . .If the Court thinks it fit, it may refer the dispute for -
a) Arbitration or Conciliation. I
b) Judicial settlement or mediation.
c) Either a), orb).
d) Neither of the above.
25. Expenses of a witness are to be paid by -
a) Court.
b) Government.
c) State Legislature.
d) Party ap_plying for witness Summons.
26. Where the plaintiff omits to sue or relinquishes any portion of his claim in a suit -
a) he may later on sue on it.
b) he shall not afterwards sue on it.
c) he may sue in Appeal.
d) he may sue in another Court.
27. Plaint it>. inter-pleader suit shall state -
a) That the plaintiff claims no interest in the subject under dispute.
b) The claims made by defendants severally.
c) There is no collusion between the plaintiff and the defendants
d) All the above.
28. Process issued under the C.P.C. shall be served at the expense of-
a) The Court.
b) The State Government.
c) The party on whose behalf it is issued.
.\_ d) Tne defendant.
29. An armed force personnel-can authorize any person to sue or defend him in a suit provided such
authority is signed by the officer in the presence of -
a) An officer of the Court.
b) A Notary.
c) His commanding officer.
d) Any of the above.
30. While the suit is pending, the Court may order the sale of movable property which is subject
matter of the suit -
a) Which is subject to speedy decay.
b) Which for a just cause should be sold.
c) ·Either a), orb).
d) Neither a), nor b).
Answer the following questions in One sentence -
CPC 248. Author - Prof. Prakash K. MokaL
3 I. Can the pleadings be amended after the issues are framed ?
Answer : Yes, with the pennission of the Court.
32. When can the property be attached before judgment is passed ?
Answer : When a party fails to show cause or furnish security within time fixed by the Court.
33. Can an appeal lie from a decree by the Court with the consent of the parties ?
Answer: No. Not allowed under Section 96 (3).
34. What are the inherent powers of a Court ?
Answer: To make such order as may be necessary to meet the ends of justice or to prevent abuse
of process.
I
35. Who is 'Next Friend'?
Answer : Who files suit on behalf of the minor plaintiff.

36. What is abatement ?

Answer : End of suit on death of a party, cause of action not surviving.
37. What is Precept?
Answer : It is issued by a Court passing decree to another Court, to attach any property specified
therein.
38. What are the two reasons on which a High Court issues a certificate to appeal to the
Supreme Court ?
Answer : i) the case involves substantial guestion of law of general importance: ii) In opinion of
High Court, it needs to be determined by Supreme Court.
39. What is meant by "Set-Off?
Answer : In a suit for money. defendant can. in his written statement claim to set-off any legally
recoverable sum against plaintiff.
40. What is the effect of acknowledgement offer in deciding the period of limitation ?
Answer : No effect. Acknowledgement must be of liability, not offer.

SECTION - II (Marks 60) :

Q. II : Answer Any Two : = 20.

a) What is meant by Reference, Review and Revision ?
b) Explain the provisions relating to Interest under Section 34 of the C.P.C.
QR
Discuss the provisions relating to costs under Section 35 of the C.P.C.
c) Discuss limitation in respect of continuing breaches in torts under Section 22 of the
Limitation Act

Q. III : Write short notes on Any Four : =20.

a) Commissions. ·
b) Framing of Issues.
c) Summons for Judgement.
d) Power of the Court Receiver.
e) Adverse Possession.
f) Pauper Petition.

Q. IV : Answer Any Two with reasons : = 20.

 · CPC 249. Author - Prof; Prakash K. MokaL
·a) 'A' intends to me a suit against 'B', who is a Public Officer, in respect of an act done by the
officer in his individual capacity.
i) Is notice to the officer under Section 80 of the C.P.C. necessary?
Answer : No. Section 80 applies to suits against Public Officer in his official capacity.
ii) Will the suit be dismissed if no notice is given ?
Answer: No.
iii) Should 'A' file the suit against the Government that employed the Public Officer?
Answer : No. Because act is· done in personal capacity. If Government is joined, it will be
misjoinder of party.
iv) Can 'A' omit to make the Public Officer as Defendant ?
Answer: No. In that case. it will be non-joinder of necessary party. I
in
b) A decree passed against an adult who had been sued as a minor, ignorance that he had
become major.
i) Is the decree valid ?
Answer : Yes. Unless prejudice has been caused to minors interests.
ii) What should the Plaintiff do on learning the truth?
Answer : Plaintiff should apply for the amendment of the Plaint so to describe minor as major and
to remove the guardian.
iii) Can the Defendant refuse to honour the decree on the ground that the original Plaint describes
him wrongly ?
Answer : No. Unless prejudice is caused to his interest by the guardian.
c) There is an old temple in your town which is being mismanaged and its funds are being
misappropriated by the trustee in charge of the temple. A worshiper who is interested in the
trust desires to set things right, and approaches you for legal advice. Advise -
i) What sort of suit must be filed ?
Answer: Suit under Order XXXlof the C.P.C.
ii) To whom must the application be made?
Answer: All Application to Court having jurisdiction.
iii) Will the trustee be answerable to the Court ?
Answer : All trustees to be joined as parties. They will be answerable to the Court.

[25]
II [May, 2007, (07 .S.07)]
II
'WitnSofutions
N. B.:
a) Answer Section I on the question paper itself. Additional supplement sheets can be
attached to the question paper.
b) Section I will be collected at the end of the first hour of the examination.
c) All questions carry equal marks each in Section I.
SECTION - I (Marks 40) :

Q. I : Tick the right answer with tick mark :

1. Which of the following are exempted from personal appearance in Court ?
a) the Vice-President o India.
CPC 250. Author - Prof. Prakash K. Mokal
b) Judge of the High Court.
c) Union Minister.
d) all the above.
2. Set-off can be pleaded in a -
a) Money Suit.
b) Property Suit.
c) Suit by a Pauper.
d) Any Suit.
3. The Defendant must file his written-statement within -
a) 30 days from the date of service of summons.
b) 60 days from the date of service of summons.
c) 90 days from the date of service of summons. I
d) 180 days from the date of service of summons.
4. An Interpleader Suit is one in which the real dispute is between -
a) the Plaintiffs.
b) the Defendants.
c) the Plaintiff and the Defendant.
d) the Plaintiff and the Government.
S. Issues may be of -
a) facts~
b) law.
c) both facts and law.
d) none of these.
6. A letter of request to examine a witness, can be issued to a person -
a) residing at any place in India.
b) not ordinarily residing at any place within India.
c) residing at any place not within India.
d) none of the above.
7. When does a decree become final?
a) When no appeal is filed against the decree.
b) When it conclusively determines the rights of the parties.
c) Both.-a). and b).
8. Order of arrest and detention can only be passed in civil cases, where the value of the decree
is-
a) more than Rs. 500/-.
b) more than Rs. 100/-.
c) more than Rs. 5,000/-.
d) more than Rs. 1,000/-.
9. The Court Receiver's remuneration is determined by -
a) the Defendant.
b) the Plaintiff.
c) the Plaintiff and the Defendant.
d) the Court. ·
10. Reference can be made to -
a) higher Court.
b) lower Court.
c) Supreme Court.
d) a) or c).
11. The C.P.C. provides for appointment of Court Receiver under -
a) OrderLX.
CPC 251. Author...,. Prof. Prakash K. MokaL
b) Order XL.
c) Order XV.
d) Order XVII.
12. The basis of jurisdic~on of Indian Courts are -
a) Pecuniary jurisdiction.
b) Subject-matter jurisdiction.
c) Territorial jurisdiction.
d) All the above.
13. Foreign judgment is not conclusive where -
a) it has not been pronounced by a Court of competent jurisdiction.
b) it has not been given on the merits of the case. I
c) it is founded on an incorrect view of international law.
d) any of the above.
14. The CP.C. insists that every suit shall be instituted -
a) in the lowest Court of competency.
b) in a Civil or Criminal Court.
c) in the District Court.
d) in the Civil Court.
15. Issues in C.P.C. means -
a) Contentions arising out of the Plaint.
b) Contentions arising out of the Written Statement.
c) Statements made in the Affidavit of Evidence.
d) Rival contentions arising out of pleadings of the parties.
16. Maximum period of detention in civil prison where the decree is for more than Rs. 2,000/-
but less than Rs. 5,000/- is -
a) Six weeks.
b) One month.
C) Three months.
d) Six months.
17. Under Section 10 of C.P.C., a suit is liable to be -
a) stayed.
b) dismissed.
c) rejected.
d) either a), orb), or c).
18. In .a Written Statement, a Defendant can claim -
a) Set-off.
b) Counter-claim.
c) both. a). and b).
d) neither a), orb), or c).
19. If the Court thinks fit, it may refer the dispute for -
a) arbitration or conciliation.
b) judicial settlement or mediation.
c) either a). orb).
d) only b) above.
20. A permission to sue as pauper, once granted -
a) can never be withdrawn.
b) can be withdrawn generally.
c) can be withdrawn under certain circumstances.
d) either b), or c).
CPC 252. Author - Prot: Prakash K. MokaL
21. No Appeal shall lie, except on a question of law, on which a decree passed by the Small
Causes Court, where the value of the subject-matter does not exceed -
a) Rs. 50,000/-.
b) Rs. 100,000/-.
c) Rs. 10,000/-.
d) Rs. 5,000/-.
22. A Writ of Summons shall be served by -
a) delivering on the Defendant.
b) transmitting by Registered Post.
c) any other means of transmission as per High Court rules.
d) All of these modes.
23. When the witness fails to comply with the Summons, the Civil Court can -
a) issue a proclamation requiring him to attend.
b) issue a warrant of arrest of such person .
c) order the attachment of the witness's property.
d) either or all above.
24. Where the death of Plaintiff or Defendant occurs between conclusion of the hearing and the
pronouncement of judgment -
a) the suit abates.
b) the suit does not abate.
c) the parties must agree to allow the suit to continue.
d) a) or c) above.
25. When the suit abates due to the death of the Plaintiff who was an indigent penon, the Court
fees shall be recovered by the State Government from -
a) the Defendant.
b) the Plaintiff's relatives.
c) the estate of the deceased Plaintiff.
d) neither of the above.
26. All questions relating to execution, discharge and satisfaction of the decree, shall be
determined by -
a) the Court of Appeal.
b) the Trial Court.
c) the Court executing the decree.
d) the High Court.
27. An Interpleader Suit cannot be filed by-
a) an agent against his principal.
b) a tenant against his landlord.
c) either a), orb).
d) neither a), nor b).
28. An Armed Force personal can authorize any-penon to sue or defend him in a suit, provided
such authority is signed by the officer in the presence of-
a) an officer of the Court.
b) his Commanding Officer.
c) a Magistrate.
d) any of the above.
29. The Plaint shall be rejected -
a) where it does not disclose a cause of action.
b) where the relief claimed is undervalued.
c) where the suit is barred by any law.
d) all or any of the above.
CPC 253. Author-Pro
30. Appeal from original decree shall be preferred in the form. of memorandum.·.
signed by- ·
a) the appellant.
b) the pleader.
c) a) orb).
d) the officer of the Court.
Answer the foilowing questions in One sentence :
31. Who is a garnishee ?
Answer: Garnishee is the judgment debtor's debtor.
32. After the warrant for the arrest of judgment debtor bas been issued, can the Court cancel it I
on the grounds of serious illness ?
Answer: Yes. Under Section 59 ofC.P.C.
33. Who can be called a "Government Pleader" ?
Answer : An officer appointed by the State Government to perfonn the functions as given under
the C.P.C. and also any pleader acting under his directions - ((Section 2 (7)].
34. What should be done, if the necessary party refuses to join as Plaintiff?
Answer : He should be made as the party defendant.
35. Who can administer oath on an Affidavit ?
Answer : An officer of the Court, Magistrate or Notary.
36! What is the pecuniary jurisdiction of the City Civil Court ?
Answer: Above Rs. 10,000/- upto Rs. One lakh.
37. What ist,he meaning of "Judge" according to the C.P.C.?
Answer :'Judge means, the presiding officer of a civil court.
38. What is definition of "Foreign Court" under the C.P.C.?
Answer : It means a Court sitting outside India and not established or constituted by the authority
of the Central Government.
39. When is substituted service allowed?
Answer : When the Court is satisfied that, there is reason to believe that the defendant is keeping
out of the way or avoiding service or for any other reason, the summons cannot be served in the
ordinary way.
40. When can the Court reject a document, which is considered irrelevant ?
Answer: A Court can reject such document at any stage of the suit.
SECTION - I (Marks 60) :

Q. II: Answer Any Two: = 20.

(a) Discuss the concept of Mediation and Conciliation.
Answer:
Under Section 89 of C.P.C., the provision to settle the matter out of Court with the help of
Mediator and Conciliator.
(b) Explain the principles of Jurisdiction under the C.P.C.
Answer:
(Sections 6 and 15 to 21-Al :
CPC 254. Author - Prof. Prakash K. Mokal
The Courts shall have jurisdiction to try all suits of a civil nature except those that are expressly or
impliedly barred- Section 9 ofC.P.C.
Every suit is to be filed in the Court of the lowest grade competent to try it- Section 15 of C.P.C.
(c) Explain the concept of Acquisition of ownership by possession under the Limitation Act.
Q. III: Write.short notes on Any Four: = 20.
(a) Letter of Request.
Answer:
Order XXVI. Rule 5 - When any Court to which an application is made. for issue of a Commission
for the examination of a person residing at any place not within India·. is satisfied that the evidence
of such a person is necessary, the Court may issue such Commission on letter of request.
(b) Effect of acknowledgement on the period of limitation.
Answer: I
It gives extension to the period of limitation to be calculated from the date of acknowledgement.
(c) Summons for judgment.
Answer: .
In a Summary Suit. after the Summons are served on the Defendant, and the Plaintiff files his
appearance in time. the Plaintiff shall· serve on the Defendant, the Summons for Judgment calling
upon the Defendant to appear in Court on a fixed date to defend his case - Order XXXVII.
(d) Difference between Revision and Appeal.
(e) Caveat.
(f) Pauper petition.
Q. IV : Answer Any Two with reasons : · = 20.
(a) An ex-parte order is passed on the Notice of Motion taken out by the Plaintiff in a suit, on
the main ground that the Defendant bas not flied his affidavit in reply. In fact, the
Defendant's reply was already on record at the time of passing the ex-parte ·order.
i) Is Defendant entitled to file a Review application ? Why ?
Answer : Order XL VII (47) - Yes. On the ground that the decree was passed or order made on
account of some mistake or for any sufficient reason i.e Affidavit not being filed, etc.
ii) ls the Plaintiff entitled to a second Review ?
Answer: No.
(b) 'A' owes tbe partnership firm of 'B' and 'C' Rs. 1,000/-. 'B' dies leaving 'C' for a debt of
Rs. 1,500/- clue from him.
i) Can 'C' claim a set-off debt of Rs. 1,000/-?
Answer : Yes. (Order VIII. Rule 6).
ii) Does it matter that the money was borr~wed by 'A' from the firm ?
Answer : No. In fact, B having died. C is the sole surviving partner.
iii) What rights have the heirs of 'B'?
Answer : They must deal with C for the dues to B.
(c) A judgment-debtor dies and a stranger takes possession of his property. The decree holder
takes execution proceedings against the stranger. The stranger resists the execution
proceedings against him on the ground that the decree is not against him.
i) Will the decree-holder succeed ?
Answer : Yes. Order XXI. Rule 97.
ii) Is it required to file a new suit against the stranger ?
Answer : No. The complaint to be made to the Court that passed the judgment.
iii) Can the heirs of the judgment oppose the execution proceedings ?
Answer : No. The heirs are bound by the judgment passed against the judgment-debtor.
CPC 255. Author - Prof. frpkasb K. Mokql.

I [26]
.[Noveml>er, 2006]

'With SoCutions
N. B.:
1) Answer Section I on the question paper itself. Additional supplement sheets can be
attached to the question paper.
2) Section I will be collected at the end of the first hour of the examination.
3) All questions carry equal marks each in Section I.
I
SECTION - I (Marks 40) :

Q. I : Tick the right answer with tick mark :

1. Pleadings mean -
.a) Plaint.
b) Written Statement.
c) Plaint and Written Statement.
d) Written Statement-cum-Counter Claim. .
2. Suit can be flied against the Central Government by making party to the suit -
a) President of India.
b) The Prime Minister.
c) Secretary to Government.
d) Ruling Party. _
3. A ForeigmCourt under C.P.C., means -
a) A Court outside India.
b) A Court situated outside India and not established or continued by the authority of the Central
Government.
c) A Court situated outside India and applying foreign law.
d) A Court in India run by foreigners.
4. The basis of distribution of the jurisdiction of Indian Courts are -
a) Pecuniary jurisdiction.
b) Territorial jurisdiction.
c) Subject-matter jurisdiction.
d) All the above a), b) and c).
S. Under Order V, Rule 1 (1) of C.P.C., the Defendant is required to file his Written Statement
witbin-
a) 90 days from the service of the summons.
b) 60 days from the service of the summons.
c) 30 days from the service of the summons.
d) 15 days from the service of the summons.
6. The C.P.C. provides for Appointment of Court Receiver under -
a) Order XL.
b) Order XXXIX.
c) OrderLX.
d) Order X.
7. Which is the provision in the C.P.C. that deals with Temporary Injunction?
a) Order XXXIX.
CPC 256. Author - Prof. Prakash K. MokaL
b)OrderXL.
c) Order XX.
d) Order XXXVII.
8. Under which provision of the C.P.C., can a summary suit be tiled?
a) Order XX.
b) Order XXXVII.
c) Order XXVII.
d) Order XV.
9. The term "term requisite" under Section 12 (2) of the Limitation Act, means -
a) Necessary time.
b) Maximum time.
c) Actual time taken.
d) None of the above.
10. "Mesne Profits" under C.P.C. do_es not include -
a) interest on mesne profits.
b) profits to improvement made by the person in wrongful possession. ,
c) both, a), and b).
d) none of the above.
11. Order for arrest and detention can only be passed by a Civil Court, where the value of a
decree is-
a) more than Rs. 500/.
b) more than Rs. 1,000/.
c) more than Rs. 5,000/.
d) more than Rs. 50,000/.
12. "Garnishee" under the C.P .C. means -
a) Judgment-debtor.
b) Decree-holder.
c) Judgment-debtor's debtor.
d) all the above.
13. Within what time must the legal representatives of the deceased party be brought on record ?
a) 45 days of the death.
b) 60 days of the death.
c) 90 days of the death.
d) 15 days of the death.
14. In a summary suit, the Defendant can defend the suit as - a) Statutory right.
b) Natural right.
c) Inherent right.
d) None of the above.
15. Caveat is an opportunity of being beard, given to the -
a) person who filed it.
b) indigent person.
c) NRI.
d) Judgment-debtor.
16. Court Receiver can be appointed -
a) before the passing of the decree.
b) after the passing of the decree.
c) both, a}, and b} above.
d) neither a), nor b).
17. Leave to defend may be-
a) refused.
CPC 257.
b) granted unconditionally.
c) granted conditionally.
d) all of the above.
18. A Letter of Request to examine a witness under Section 77 of the C.P.C. can be issued to a
person-
a) residing at any place in India.
b) not ordinarily residing at any place within India.
c) residing at any place not within India.
d) none of the above.
19. Notice under Section 80 of the C.P.C., is -
a) optical. I
b) compulsory.
c) discretionary.
d) as per Court's order.
20. Order on review -
a) is subject to review.
b) not subject to review.
c) is subject to ·appeal.
21. Review is made by -
· a) a superior Court.
b) by the Court which passed the decree.
c) by either a), orb).
22. Reference can be made to -
a) a higher Court.
b) a lower Court.
c) to both, a) ,and b).
d) to the S~preme Court.
23. The right to appeal is -
a) statutory right.
b) natural right.
c) inherent right.
d) all the above.
24. No appeal shall lie from a decree passed by the Court with the consent of the parties -
a) True.
b) False.
25. Set-off can be pleaded in -
, a) a money suit.
b) a property suit.
c) any suit.
d) any appeal.
26. A person can act as a "next friend", if he is a -
a) Major.
b) Sound mind.
c) Not having any interest adverse to that of the minor or lunatic.
d) Fulfilling all the requirements as stated in a), b) and c).
27. When the Court has no jurisdiction, the plaint can be -
a) returned.
b) rejected.
c) may be returned or rejected.
d) sent by Court to the right Court.
CPC 2S8. Author - Prot; Prakash K. MokaL
28. Pleadings shall be signed by -
a) Party.
b) Pleader.
c) Only Pleader and not by Party.
d) Party and his Pleader.
29. A Commission may be issued by Court to -
a) examine a person.
b) make local investigation.
c) make partition.
d) any of these purposes.
30. Court Receiver's remuneration is determined by -
a) Parties to the suit.
b) Plaintiff.
c) Court.
d) Plaintiff and Defendant.
Answer the following Questions in One sentence :
31. What do you mean by reference?
Answer : Any Court may refer a case for the opinion of the high Court. when the Court is in
doubt.
32. Who are "legal representatives" as defined under the C.P.C.?
Answer : A person in law who represents the estate of the deceased person and includes the
person who intermeddles with the estate of the deceased,
33. Who is an "indigent person" under the C.P.C.?
Answer : A person who does not have sufficient means to pay Court fees.
34. What is "precept" ?
Answer : The Court that passes decree issues precept to another Court to execute decree.
3S. What do you mean by "abatement" ?
Answer : When suit ends {abates) with the death of plaintiff and heirs not brought on record.
Same in case when defendant dies. But if there are more than one defendant. then the suit will only ·
abate as far as the claim against deceased defendant.
36. What do.you mean by "Revision"?
Answer : High Court can call for records of any case decided by subordinate Court when there is
no right of ap_peal and where it appears that the Court had no jurisdiction or failed to exercise its
jurisdiction or exercises its jurisdiction illegally or irregularly.
37. Should a suit be dismissed for non-joinder of necessary parties ?
Answer: No.
38. Who is "decree-holder" ?
Answer : A person in whose favour decree is passed.
39. What is meant by "Foreign Judgment" ?
Answer : Foreign judgment is a judgment passed by a foreign Court.
40. What is meant by "inherent powers of the Court" ?
Answer : Court has power to pass an order/decree/judgment beyond that which is actually prayed
for in order to meet the ends of justice or to prevent the abuse of the process of the Court.
SECTION - I {Marks 60) :

Q. D : Answer Any Two : =20.

a) Discuss the provisions under the C.P.C. dealing with settlement of disputes out of the Court.
CPC 259. · - Author - Prof. Prakash K. MokaL
Answer Section 89 · of the C.P.C. provides for settlement either by
Arbitration/Conciliation/Mediation/Lok-Adalat and when settled. a valid decree can be obtained
on the basis of the settlement. 1

b) What are the modes of execution of a decree ?

1
Answer : Order XXI, Rules 30 to 36.
c) "Time commences to run the moment right to sue accrues". - Discuss.
Answer : Section 9 of the Limitation Act - When once time begins to run, no subsequent
disability or inability to institute a suit or make an application stops it.

Q. III : Write short notes on Any Four : =20.

a) Interpleader Suit.
b) Counter-claim and Set-off.
I
c) Notice under Section 80 of the C.P.C.
d) Caveat.
e) Attachment before Judgment.
t) Extension of limitation in Money claim.
Answer:
_3 years claim to be counted from due date. Time is extended by acknowledgement of debt or
part-payment

Q. IV: Answer Any Two with reasons: = 20.

a) "A" filed a suit against "8" for recovery of his property. During the pendency of the suit,
"8" dies.
i) Can a decree be passed against "8" ?
Answer: No.
ii) What s~ps should be taken after "8" dies ?
Answer : Bring heirs/successors on record within 90 days of death.
iii) Within what time should those steps be taken ?
Answer : 90 days from death/90 days from the knowledge of death.
iv) What happens to the suit if the heirs are not brought on record ?
Answer : The suit abates.
b) "A" obtains a decree for money against "8". "8" does not abide by the decree of the Court,
and hence, "A" moves the Court for executing tlie decree. "8" pleads in execution that he
had paid the money prior to the passing of the d_ecree.
i)Can the executing Court go into that question ?
Answer: No.
ii) How can the decree be executed ?
Answer : By attachment of property or sale by public auction.
c) In a suit filed by "A" against "8" for ejectment, "8" denied the title of"A" and pleaded that
he was in possession of the property on behalf of "C" , who was the owner thereof. It was
held 'that "C" was not the owner and the suit of "A" was decreed,holding him to be the
owner of the house. Later on, "C" filed a suit against "A" for declaration of his title. "A"
raised the plea of res judicata.
i) Is the plea of" A" maintainable ?
Answer : No. "C" was not a party to the earlier suit.
ii) Can the Court pass a decree that contradicts the former ruling ?
Answer : Yes. When parties are not the same.
CPC 260. Author - Prof. Prakash K. MokaL

I [27]
[April, 2006]

'Witn Sofutitms
N. 8.:
1) Answer Section I on the question paper itself. Additional supplement sheets can be attached
to the question paper.
2) Section I will be collected at the end of the fint hour of the examipation.
3) All questions carry equal marks each in Section I. I
[Answers to all the following Questions are given in the Book]
SECTION - I (Marks 40} :

Q. I : Tick the right answer with tick mark :

1. Judgment means -
a) Order.
b) Statement of grounds of decree or order.
c) Decree.
d) None of these.
2. Pecuniary jurisdiction is -
a) property limits.
b) area limits.
c) monetary limits.
d) no limit.
3. A suit in which right to property depends on decision of question as to religious matters or
ceremonies is -
a) Religious suit.
b) Personal Law suit.
c) Civil suit.
d) Special suit.
4. Suit is stayed under Section 10 of the C.P.C., if -
a) former suit is decided.
b) former suit is pending.
c) former suit is dismissed.
d) former suit is withdrawn.
5. A foreign judgment in India is -
a) not enforceable.
b) not covered by C.P.C.
c) enforceable under C.P.C.
d) enforceable by the Supreme Court.
6. Every suit shall be instituted in the competent Court of -
a) lowest grade.
b) highest grade.
c) middle grade.
d) none of these.
CPC 261. Author - Prot Prakash K. MokaL
7. Suit for compensation for wrong to person or movable property may be instituted in a Court
within whose local limits of jurisdiction -
a) defendant resides.
b) where defendant carries on business.
c) where movable property is situated. ·
d) any of these.
8. A Writ of Summons shall be served by.,;,
a) delivering to defendant.
b) transmitting by Registered Post.
c) any other means of transmission as per High Court rules.
d) all of these modes.
9. When necessary parties are not joined in a suit, it is known as - I
a) mis-joinder.
b) non-joinder.
c) wrong-joinder.
d) re-joinder.
10. When the plaintiff omits to sue or relinquishes any portion of his claim in a suit -
a) he may later on sue on it.
b) he shall not afterwards sue on it.
c) be may sue in Appeal.
d) he may sue in another Court.
11. From the date of service of Summons, the defendant is required to me his Writfen
Statement within -
a) 10 days.
b) 20 days.
c) 30 days.
d) 1 month.
12. Set-off can be pleaded in -
a) money suits.
b) property suits.
c) any suit.
d) any appeal.
13. On a date fixed in Summons for defendant to appear in Court, if the defendant is absent -
a) suit is dismissed.
b) ex-parte decree is passed.
c) suit is transferred to Appeal Court.
d) suit is withdrawn by the plaintiff.
14. An ex-parte decree can be set aside on application to-
a) Same Court.
b) Appeal Court.
c) Review.
d) Any of these.
15. Issue may be of -
a) facts.
b) law.
c) both facts and law.
d) none of these.
16. Expenses of witnesses are to be paid by-
a) Court.
b) Government.
CPC 262. Author - Prof. Prakash K Mokal.
c) State Legislature.
d) Party applying for witness Summons.
17. A witness may be compelled in Civil Court to attend the Court by issue of -
a) warrant of arrest.
b) warrant of attachment and sale of property.
c) either a) orb).
d) neither a) nor b).
18. Under Order XVII, Rule 1, a Court shall grant adjournments -
a) only one time.
b) only two times.
c) only three times.
d) only four times. I
19. If decree is silent as to payment of further interest from the date of decree to the date of
payment, it shall be deemed to have been - ·
a) granted.
b) refused.
c) calculated.
d) included.
20. A decree may be executed by -
a) Delivery of any property.
b) Attachment of property.
c) Sale of property.
d) Any of these modes.
21. A decree may be executed-
a) only by Court which passed it.
b) by any Court where it is sent for execution.
c) only by High Court.
d) only by Court Receiver.
22. An appeal can be filed against -
a) any order.
b) consent order.
c) unsatisfactory order.
d) only those orders specified in the C.P.C.
23. A percept means -
a) precedent.
b) request by one Court to another to execute the decree.
c) transfer of suit.
d) dismissal of suit.
24. A reference may be made to -
a) any Court.
b) Small Causes Court.
c) City Civil Court.
d) High Court.
25. A Commission may be issued by a Court to -
a) examine a person.
b) make local investigation.
c) make a partition.
d) all the above.
Answer the following in One sentence :
CPC 263. Author - Pn;,
26. In a suit against the Corporation, on whom Summons to be served ?
27. Who is "Next Friend" ?
28. Who is an "Indigent Person"?
29. What is Abatement ?
30. What is a Preliminary Decree ?
3L -What is an Interpleader Suit?
32. What is a Special Case under Section 90 of the C.P.C. ?
33. What is Attachment before Judgment ?
34. What is a Consent Decree ?
35. What are the two reasons on which a High Court issues a certificate to Appeal ~t:
Supreme Court? ,...,
36. What is a Review ?
37. What are inherent powers of a Court ?
38. What is a Garnishee Order ?
39. Who can administer oath on an Affidavit ?
40. When is a Letter of Request issued instead of a Writ of Summons ?

SECTION - II {Marks 60) :

Q. II: Answer an Two:

a) Reference, Review, Revision.
b) Plaint and Written Statement. ' ~ ,~.; :,,
c) Extension of limitation. ~~• I

jf:
Q. III : Write short notes on Any Four : = 2·oi\tt~1~ ~· .
,,.. ~· ..;,
a) Writ of Summons. 1.<,

b) Modes of execution of a decree.

c) Tn,es of decrees.
d) Appeal to Supreme Court.
e) Suit by minors or lunatics.
f) Commissions.

Q. IV : Answer Any Two with reasons =20.

a) "A" files a suit against "8". On the date fixed in Summons, "B" remains absent in Court, as
he is hospitalized. The Court passes ex-parte decree. What is the remedy available to "B" ?
i) Can "B" apply to the same Court ?
Answer : Yes, "B" can apply to the same Court.
ii) Can "B" file an Appeal, if that Court refuses to set aside the ex-parte decree?
Answer: Yes, "B" can file an appeal, if that Court refuses to set aside the ex-parte decree.
b) "M" gives a contract to "N", a sculptor, to make a statue and gives "N" Rs. 2 lakbs as an
advance. "N" dies before completing the statue. What is the remedy of "M" ?
i) Can "M" me a suit against the heirs of "N" ?
Answer : No, "M" cannot file a suit against the heirs of "N", as the statue, a sculptor is
individual's innovation artistic work.
ii) Can "M" me a suit to recover the advance money given to "N" ?
Answer : Yes, "M" can file a suit to recover the advance money given to "N" against the heirs of

c) "A" resides in Mumbai and "B" at Pone. "A" agrees in Mumbai to seM and deliver goods to
"B" at Pune, on payment of the price in Pune. The goods are delivered, but the price is not
paid.
 CPC 264. Author - Prof. Prakash K. MokaL ·
i) Can "A" sue "B" in a Court in Mumbai ?
Answer : Yes, "A" can sue "B" in a Court in Mumbai, because, the transaction has taken place in
Mumbai.
ii) Can "A" sue "B" in Pune ? If not, why ?
Answer: Yes, "A" can sue "B" in Pune, as "A" can sue him at places of residence or where the
transaction has taken place.

[28]
II [November, 2005 (14.11.05)]
II I
'Witn Sofutions
N. B.:
1) Answer Section I on the question paper itself. Additional supplement sheets can be attached
to the question paper.
2) Section I will be collected at the end of the first hour of the examination.
3) All questions carry equal marks each in Section I.
[Answers to all the following Questions are given in the Book)
SECTION - I (Marks 40) :

Q. I : Tick the right answer with tick mark :

1. Objections to interrogations can be made, if it is -
a) scandalous.
b) irrelevant.
c) not bona.fide.
d) any or all of the above.
2. The Court can order the attendance of a witness in Court when -
a) when the witness resides within the limits of the Court's jurisdiction.
b) the witness resides beyond the limits of the Court's jurisdiction.
c) in both, a), and b) cases.
3. A party to a suit can pray for adjournment as a -
a) inherent right.
b) statutory right.
c) right guaranteed under the Constitution.
d) none of the above.
4. Remedi~ available against an ex-parte include -
a) Appeal.
b) Review.
c) Application for setting aside decree.
d) All the above.
5. Salary or allowance of private employees -
a) can be attached.
b) cannot be attached.
6. Summary Suit can be ffled for recovery of debts -
a) which are without security.
b) which are security by mortgage.
7. Original documents can be returned to the party producing them -
a) after the suit is over.
 L
I
CPC 265. Author - Prof;. Prakash K. MokaL
b) after the disposal of appeal.
c) after the period oflimitation for tiling appeal is over.
d) only b) and c) are correct.
8. Settlement of dispute outside the Court includes -
'a) only by arbitration.
b) only by conciliation.
c) only by mediation.
d) only through Lok-Adalat.
e) all of the above.
9. Section 17 of the Limitation Act takes into consideration -
a) frauds.
b) mistakes.
I
c) concealments.
d) all the above.
10. On default in filing of Written Statement, pronouncement of judgment is-:--
a) mandatory.
b) discretionary.
c) directory;
d) either a), orb).
11. Application for restitution can be made by -
a) anyone.
b) party to the decree.
c) party entitled to benefit by way of restitution under the reversing decree.
d) b) and c) above.
12. Objection to jurisdiction of the Court can be taken -
a) before the Court of first instance at the earliest opportunity.
b) before the appellate Court for the first time.
c) before the revisional Court for the first time.
d) all the above.
13. Decree for payment of money may be executed by -
a) detention in civil prison of the judgment debtor.
b) by attachment and sale of his property.
c) by both, a), and b).
14. Sale in execution of a decree may be made by-
a) private sale.
:. b) public auction.
' c) by both, a), and b).
15. Processes of High Court may be served -
a) by the Attorney in the suit.
b) by persons employed by the Attorney.
c) by either of them.
16. The Court may allow either party to alter or amend the pleadings -
a) at any stage of the proceedings.
b) only before evidence is bad.
c) after the decree is passed.
17. The plaint can be rejected -
a) where it does not disclose a cause of action.
b) where the relief claimed is undervalued.
c) where proper court fees are not paid.
d) where the suit is barred by any law.
CPC 266. . Author - Prof. Prakash K. MokaL
e) all or any of the above.
18. Notice under Section 80 of the C.P.C. -
a) can be waived with the leave of the Court when an urgent or immediate relief is sought.
b) with the leave of the Government it can be waived.
c) it cannot be waived at all.
19. A Receiver may be appointed-
a) during the pendency of the proceedings.
b) after the decree.
c) before the institution of the suit.
d) all of the above.
e) a) orb) above.
20. A case may be referred for opinion to - I
a) the High Court.
b) the District Court.
c) the City Civil Court.
d) all of the above.
21. A party filing an affidavit in Court -
a) can be cross-examined upon it.
b) the other party can advance evidence to contradict it.
c) cannot be cross-examined.
d) a) and b) above.
• e) none of the above.
22. A permission to sue as pauper, once granted-
a) can never be withdrawn.
b) can be withdrawn under certain circumstances.
23. A leave to defend may be -
a) refused.
b) granted unconditionally.
c) granted conditionally.
d) any of the above.
24. A Caveat shall remain in force for a period upto -
a) 90 days.
b) 60 days.
c) 30 days.
d) 15 days.
25. A judgment can be reviewed on the ground of -
a) discovery of new important evidence.
b) mistake or error of fact or law on the face of the record.
c) either a) orb).
d) none of the above.
26. Who is a decree holder ?
a) a person in whose favour the decree has been passed.
b) a person in whose favour the order is capable of execution, has been made.
c) both, a), and b) above.
d) plaintiff in the suit.
27. Doctrine of Res Judicata -
a) allows the Court to try the case again.
b) it prohibits and ousts the jurisdiction of the Court to try the suit again.
c) is only a rule of evidence.
28. When the suit is filed against a person who has died before its institution -
CPC· 267. Author - Pro~ Prakash K. MokaL
a) the suit is a nullity.
b) the plaint can be amended by bringing the legal representatives on record.
c) a penalty can be paid and the suit can be validated.
d) both, b), and c) above.
29. An Appeal must be preferred -
a) against the whole decree.
b) against part of the decree.
c) against any item or items in it.
30. An order discbarging a next friend and permitting the minor-(who is now a major) to
proceed with the case on his own can be made -
a) without notice to the next friend. I
b) with notice to the next friend.
c) only with notice to the opposite party.
d) ex-parte.

Answer the following questions in One sentence only :

31. Who is a garnishee ?
32. What is meant by "set-off' ?
33. What is meant by "Review" ?
34. What is "lnterpleader Suit" ?
35. Who is "Next Friend" ?
36. What is meant by "Foreign Court" ?
37. What is meant by "Decree"?
38. Who is a "Judgment Debtor"?
39. What is meant by "Mis-joinder of Defendants" ?
40. What is meant by "Inherent Powers of the Court" ?

SECTION - lI {Marks 60) :

Q. II: Answer Any Two: = 20.

1) Discuss the provisions under the C.P.C. dealing with Pauper Petition.
2) Discuss the powers of the Court to grant Interim InjunctioL When is the Defendant
entitled to seek an order of injunction from the Court in a suit by the Plaintiff?
3) Discuss "Limitation" in the context of suits against Trustees and their representatives
under Section 10 of the Act.

Q~~JII : Write short notes on Any Four : = 20.

' 1) Summary Suit.
2) Precept.
3) Doctrine of Res Judicata.
4) Foreign Judgment.
5) Abatement.
6) First Appeal.

Q. IV : Answer Any Two with reasons : = 20.

a) "A" resides at Madras, "8" at Calcutta and "C" at Delhi. "A", "8" and "C" were together in
Mumbai when "8" and "C" made a promissory note payable on demand in favour of "A". "8"
and "C" failed to make payment to "A" on demand.
i) Where can "A" institute a suit ?
CPC 268. Author - Prof; -Prakash K. MokaL
Answer: "A" may sue them at Mumbai. where both "B'' and "C" where Promissory Note was made.
or "A" may sue them at places of their residence i.e. Calcutta or Delhi.
ii) Can the suit proceed without leave of Court, if filed in Calcutta ?
Answer : No. suit cannot proceed without leave of the Court.
iii) If the suit is filed in Calcutta or Delhi, does the non-resident have to consent ?
Answer : If the suit is filed in Calcutta or Delhi. if the non-resident (i.e. either "B'' or "C". as the case
may be) objects then only the leave of the Court is to be taken.
b) "A" flied a suit agail;1st "B" in the City Civil Court at Mumbai. "B" objects on the grou!ld that ·
the Court has no jurisdiction, and the Court agrees to the objection.
i) What is the remedy available to "A" ?
Answer : The remedy available to "A" is to file a suit against "B" in a Court. where the jurisdiction I
lies.
ii) Will the court fees paid by "A" be refunded to him ?
Answer: Yes, the Court Fees paid by "A" will be refunded to him.·
iii) Can "A" successfully take up the plea for condonation of delay ?
Answer : Yes. "A" can get the delay condoned on some reasonable and justifiable grounds.
c) "A" files a petition in Mumbai for divorce, custody of children, alimony and maintenance
against "B". While the petition is pending, "B" the natural guardian of the children, bas made
arrangements to take his children to U.S.A., where be resides. "A" bas not in the petition
pleaded for impounding of childrens' passports, but now moves the Court for relief, without
amending the petition.
i) Can the Court grant the relief of impounding the childrens' passports ?
Answer : It is upto the Court and if Court decides and if it thinks fit. the Court can impound
children's passport.
ii) Can the relief, if granted, be executed ?
Answer : Yes. if it is granted. it can be executed.
iii) Should "A" first amend the petition before making a plea ?
Answer : Yes. it is generally necessary to amend the petition before making the plea which was not .
stated in the pleadings.
iv) What would be your advice as a lawyer for "A" ?
Answer: To amend the petition in order to claim the necessary relief.
CPC 269. Author-Prof. Prakash K. Mokal.

Examination Question 'Paper Pattern (New) w.e.f. Nov., 2008 till date.
(For Five Years and Three Years Degree Course)

This. New Question Paper Pattern consists of Four Questions for 100 marks.

They are as under -

1. , Ten short answers (each not more than two sentences) - 2 marks each = 20 marks:

2. Short explanatory/Definitional or Analytical notes on any Four out of Six - 5 marks

'
each = 20 marks; I

3. Situation based questions any Two out of Three (number of sub-division questions
not more than two - each 3 marks) - 6 marks each = 12 marks:

4. Essay type questions/Full questions any Four out of Six - 12 marks each = 48 marks.

N.B.
Students pfease note tliat, onfy question paper pattern is cliangea, not tfie Sylla_6us. rr1i.e <R.§visea
Syffa6us wfiicli came into effect from tlie ,A.aufemic year 2004 - 2005 remains tfie same.
1) Previous question paper pattern which consisted of 40 objective questions including
multiple choice/Tick the correct option or Fill in the blanks or State true or false or
Match the·'following, has been reduced to 20 marks for two sentence answers.
Therefore, students are advised to concentrate more on such questions which are
underlined all through this Book and such questions are also available in the earlier
University Examination Question Papers which are given with their Solutions at the
end of this Book.
2) Previous question paper pattern consisted of 2 Situation based problems each for 10
marks, have been reduced to each for 6 marks.
3f Question on 4 short notes each for 5 marks remains the same.
4) Previous question paper pattern consisted of 2 Full Questions each for 10 marks, have
been increased to 4 Full Questions each for 12 marks.

Prom tlie a6ove cfta:nees, it can 6e seen tftat our (JJooNv wiff 6e more useful to tlie stuaents
from tlie eJ(amination point ofview according to tlie cftangeaquestion paper pattern.
CPC 270. Author - Prof. Prakash K. MokaL

quidefinesfor tlie _A{{Inlfuz (Bar ~mination:

The All India Bar Examination
After passing L L. B. Examination from any University in India, those who intend to practice as an
Advocate, will have to pass "All India Bar Examination" held by the Bar Council of India. The
Examination Question Paper is common to all the students of Law in India.

It will mainly consist of Objective Questions, such as multiple choice/Fill In the Blanks/True or
False/Single Sentence Answer, Situation bases problems, etc.
In 11/ew of the same, the Old pattern of Question Papers is also retained in this Book. Syllabus for the
"All lndla Bar Examination" covers all the subjects of LL. B. course. I
Students can make use of the all Law Books written by the Author for Five Years lllrd, IVth anf
Vth Year/Three Years 1st, llnd and lllrd Year.
It is, therefore advised that, students should keep with them all the law books written by the Auth'or,
as the same can be useful for the All India Bar Examination.

"Practical Paper-I" ; "Practical Paper-II" ; "Practical Paper-Ill ["Drafting, Pleading and Conveyancing"
D.P.C.] is also made available for the students of V year Course Fifth Year; and Ill Year Course Third
Year.

'11ie ~ wliicft is requiretf to 6e given 6y tlie students~ practicine in tlie Courts in Inata:

Undertaking
l, _ _ _ _ _ _ _.s/o/d/o_ _ _ _ _R/o_ _ _ __
Bearing Enrolment No. have been Enrolled jn the State Bar Council
_ _ _ _ _ _ _ _ in the year____ • I have obtained law degree during the academic year
,.
_ _ _ _.• I have to apply to the next All India Bar Examination to be held on _ _ _ Dec. 2012. In
th
term of Resolution No. 82/2011 passed by the Bar Council of India at its meeting held on 4
September, 2011, I undertake that I will practice as an advocate provisionally till I qualify the All India
Bar Examination to be held in December, 2011. I further undertake that in case I do not qualify the All
India Bar Examination, I will not practice as an advocate before any court in India until the time I
qualify in succeeding/subsequent examination.

Date : 20/9/2011. Signature: _ _ _ __

Place : Mumbai. Name: _ _ _ _ __
Enrolment No. ·
----
Address: _ _ _ _ __

This Is for your Information and necessary action.

Yours Sincerely,
(J. R. Sharma)
Officiating Secretary.