CPC QUESTION PAPER

10 MARKERS
1. Discuss the provisions of CPC in respect of place of suing. (II)
Section 15 to 21A
https://blog.ipleaders.in/place-of-suing-under-the-code-of-civil-procedure-1908-an-insight-throug
h-case-laws/

https://lawbhoomi.com/place-of-suing-in-cpc/#:~:text=Place%20of%20suing%20in%20CPC%20
refers%20to%20where%20a%20lawsuit,be%20brought%20before%20a%20court.

Section 22 to 25 under the heading ‘place of suing’ deals with transfer of suits.

15: the lowest competent court must take up the matter

16: immovable property suits are given to courts within the same jurisdiction
17: if immovable property is in the jurisdiction of different courts then any court within the local
limits can take up the matter provided that the entire claim must be cognizable by such court.
18: if there is uncertainty regarding jurisdiction of a court for immovable property then the court
can record a statement and proceed with the case.
However, suppose no statement is recorded and an objection is raised before a higher court. In
that case, the objection will only be entertained if there is no reasonable ground for uncertainty
when filing the suit, resulting in a miscarriage of justice.
19: in case compensation needs to be given for the wrong committed by a person. And if the
wrong occurred in a specific place with the jurisdiction of one court and the place of business or
resides in another place of jurisdiction. Then the plaintiff can file suit in either of the courts. It's
up to him.
20: addresses situations where the cause of action arises from a breach of contract or business
transactions. According to this section, if there is a breach of contract or a cause of action within
the jurisdiction of one Court, or if the defendant voluntarily resides, carries on business, or
works for personal benefit within the jurisdiction of another court, the plaintiff has the option to
file the suit in either of those courts.

2. Explain the conditions for applicability of doctrine of “res-subjudice”./ discuss the

provisions of CPC relating to “res-subjudice”.(iiiii)
Section 10
Res means every object of right that forms the subject matter in a particular case. In Latin, the
term Sub-judice means ‘under a judge’ or in other words, a matter ‘under consideration’. It
means a cause that is under trial or pending before a court or judge.
- It applies to ongoing trials and not appeals or reviews

Conditions:
 1. Civil suit requirement
2. Different filing times
3. Similar matters in issue
4. Not valid for foreign cases
5. Case must be ongoing
6.
To attract the provisions of Section 10, the following conditions must be fulfilled:
1. There must be two suits, one previously instituted and the other subsequently instituted.
2. The matter in issue in the subsequent suit must be directly and substantially in issue in
the previous suit.
3. The suits must be between the same parties or their successors.
4. The previously instituted suit must be pending in the same court in which the subsequent
suit is brought or in any other court in India or in any Central Government or before the
Supreme Court.
5. The court in which the previous suit is instituted must have jurisdiction to grant the relief
claimed in the subsequent suit.
6. Such parties must be litigating under the same title in both suits.
As soon as the above conditions are satisfied, the court shall not proceed with the subsequently
instituted suit. Since the provisions contained in Section 10 are mandatory, and no discretion is
left to the court.[9] It is, however, necessary that for Section 10 to be attracted it is essential
thatthe entire subject matter in controversy must be the same between the previous suit and
subsequent suit would not be sufficient.[10] The order staying proceedings in the subsequent
suit can be made at any stage.
The Gujarat High Court in Sohal Engg Works v. Rustain Jehangir Vakil Mills, held that Section
10 would apply only if the whole of the subject-matter in both the suits is identical, and not
merely where only one of many issues in the two suits is identical.

https://blog.ipleaders.in/res-sub-judice-under-cpc-nature-scope-and-objective/

https://lawbhoomi.com/doctrine-of-res-sub-judice-section-10-cpc/

Directly and substantially:

- Matter is the same
- Parties are same
- Title is same
- Pending in same or other competent court
- Which has like jurisdiction

3. What is a suit? Describe different stages of suit. Write about the suits of civil
nature with examples (iI)

Section 26- institution of suits

The institution of the lawsuit under Section 26 of the CPC is the first stage in the civil litigation
process.

What is a suit?
According to the CPC, 1908, the word "suit" is not defined. It is generally accepted that it refers
to a process that begins when a civil court is presented with a complaint. The relief sought is
specifically stated in a plaint, which is a written statement of a cause of action. A suit, according
to Black's Law Dictionary, is a legal action brought by one or more parties against another.
The suits filed under the CPC, 1908, and the other suits filed under various legislative
enactments typically appear to differ just slightly. A plaint is used to initiate a civil action in a suit
filed under the Civil Procedure Code of 1908, as opposed to other suits, such as marital
proceedings, which are initiated through different means.

Stages of suit:
1. Presentation of plaint.
2. Service of summons on defendant.
3. Appearance of parties
4. Ex-parte Decree
5. Interlocutory Proceedings
6. Filing of written statement by defendant
7. Production of documents by parties (plaintiff and defendant)
8. Examination of parties
9. Discovery and Inspection
10. Admission
11. Framing of issues by the court.
12. Summoning And Attendance Of Witnesses
13. Hearing Of Suits And Examination Of Witnesses
14. Argument
15. Judgment
16. Preparation of Decree
17. Appeal, Review, Revision
18. Execution of Decree
https://www.lawnotes4u.in/stages-of-the-civil-suit-under-civil-procedure-code-1908/
(the ones marked red are not explained in this link)
https://aranlaw.in/blog/legal-procedures/stages-of-civil-suit-in-india/

Suits of civil nature:

https://lawbhoomi.com/suits-of-civil-nature-under-cpc/#:~:text=A%20%E2%80%9Csuit%20of%2
0civil%20nature,torts%2C%20family%20law%2C%20etc.

Types of suits of civil nature:

1. Suits for recovery of money
2. Suits for specific performance of contracts
3. Suits for declaration of rights
 4. Suits for injunctions
5. Suits for partition of property
6. Suits for damages

Importance and significance of suits of civil nature

1. Protecting rights and interests
2. Ensuring adherence to legal procedures
3. Facilitating access to justice
4. Setting legal precedents
5. Resolving disputes amicably
6. Upholding the rule of law

4. Briefly explain different parts of plaint. / state the circumstances where plaint can
be rejected. (iii)
Order 7 of CPC
https://lawbhoomi.com/plaint-in-cpc/

Rules 1-8: contents of plaint

- The name of the civil or commercial court where the lawsuit will be filed.
- Information about the plaintiff, including their name, address and description.
- Details about the defendant, including their name, residence and description.
- If the plaintiff has any health issues or disabilities, these should be mentioned.
- The facts that give rise to the cause of action and where this cause of action occurred.
- Facts that help determine the court’s jurisdiction.
- Information about the relief or remedy the plaintiff is seeking from the court.
- If the plaintiff wants to set off a portion of their claim, the amount allowed should be
stated.
- The value of the subject matter of the suit, not just for jurisdiction but also for court fees.
- Verification by the plaintiff under oath.

Circumstances where plaint can be rejected:

https://blog.ipleaders.in/order-7-rule-11/

Various legal systems around the world have established specific grounds on which a plaint can
be rejected. While these grounds may vary, they generally include:
1. Lack of Jurisdiction: The court must have the authority to hear and decide the case. If
the court lacks jurisdiction over the subject matter or the parties involved, the plaint can
be rejected.
2. Non-Compliance with Procedural Formalities: Courts require plaints to adhere to specific
formatting and filing requirements. These may include proper stamping, correct court
fees, and compliance with prescribed forms. Any non-compliance can result in rejection.
3. Vague or Ambiguous Claims: A plaint must clearly state the facts constituting the cause
of action. If the claims are vague, ambiguous, or lack necessary details, it becomes
difficult for the defendant to respond effectively, and the court may reject the plaint.
 4. Absence of Necessary Parties: All parties that have a direct interest in the dispute must
be included in the lawsuit. Failure to join necessary parties can lead to the rejection of
the plaint.
5. Bar of Limitation: Every legal action must be initiated within a specified time limit. If the
plaintiff files a suit beyond the prescribed limitation period, the plaint can be rejected on
the grounds of being time-barred.
6. No Cause of Action: The plaint must disclose a legally recognized cause of action. If the
facts mentioned do not establish a valid legal claim, the court may reject the plaint.
7. Res Judicata or Lis Pendens: If the matter in question has already been decided by a
court or is currently pending before another court, the plaint can be rejected based on
the principles of res judicata (a matter already judged) or lis pendens (a matter already in
litigation).
8. Non-Disclosure of Material Facts: A plaintiff is obligated to present all relevant and
material facts. If crucial facts are omitted, it can lead to the rejection of the plaint.
9. Matters Exclusively within Executive Jurisdiction: Certain matters fall exclusively within
the purview of executive or administrative authorities. If a plaint seeks relief in matters
that are beyond the scope of the court's jurisdiction, it may be rejected.
10. Frivolous or Abuse of Process: Courts have the authority to reject plaints that are
vexatious, frivolous, or meant to abuse the legal process.
When a plaint is rejected, it does not signify the dismissal of the underlying dispute. The
rejection merely indicates that the plaint does not meet the required standards. Depending on
the grounds of rejection, the plaintiff might be allowed to rectify the defects and refile the plaint
within a stipulated time frame. Alternatively, the plaintiff may choose to appeal the rejection
order.

5. Explain the kinds of jurisdictions of civil courts. (iiii)

https://blog.ipleaders.in/jurisdiction-of-civil-courts-2/#Kinds_of_jurisdiction

Jurisdiction is determined mainly on the grounds of:

1. Fiscal value
2. Geographical boundaries of court
3. Subject matter of court

Court before accepting a case will consider the following characteristics:

1. The Fiscal value of the trial.
2. The specialities of the case.
3. The regional limits of the court.

Kinds of jurisdiction
1. Territorial or local jurisdiction
2. Pecuniary jurisdiction
3. Jurisdiction as to subject- matter
4. Original and appellate jurisdiction
5. General and special jurisdiction
 6. Legal and equitable jurisdiction
7. Expounding and expanding jurisdiction

Section 9
A civil court has two requirements:
1. The suit must be of a civil nature
2. The cognizance of such a matter should not be expressly or impliedly barred.

6. State the rules regarding ‘transfer of suits’./ Explain the provisions of CPC in
respect of transfer of suits. (Ii)
Section 22 to 25 deal with transfer of suits.
https://www.tutorialspoint.com/transfer-of-suits-under-the-civil-procedure-code

https://www.thelegalvidya.in/transfer-of-suits-under-cpc

- If the defendant raises objections with regard to the jurisdiction of the court based on any
of the provisions contained in the Code of Civil Procedure, the court has to first decide
the issue of jurisdiction. If the court decides that it has no jurisdiction, then it has to return
the suit as per the provisions of the Code of Civil Procedure of 1908.
- if any of the parties, at any stage of the proceedings, finds it difficult to pursue the case
at the place of forum where it is pending, it may file a transfer petition before the
appropriate court as per the law to get the proceedings transferred to the other place or
court of their choice.
Sec 22: rights of the defendant to apply for the transfer of a suit in cases where the suit may be
instituted in more than one court.
Sec 23: the appropriate court to which an application for the transfer of the suit should be made.
Sec 24: general power of the high court and district court to transfer and withdraw the case at
any stage of proceedings.
Sec 25: power of the Supreme Court to transfer suits.

There are three cases mentioned in Section 23 that help in deciding the court to which a
transfer application can be made:
Case 1 - If all the several courts having jurisdiction over the subject of the suit, are to be
subordinate to the same appellate court, then the application is to be filed before the appellant
court.

Case 2 − If all such courts are subordinate to different appellate courts but are subordinate to
the same High Court, the application shall be made to the High Court.

Case 3 − If such courts are subordinate to different High Courts, then the application shall be
made to the High Court within the local limits of whose jurisdiction the court in which the suit is
first brought is situated.

Section 24:
empowers the High Court and District Court to transfer any pending suit, appeal, or any
proceeding, at any stage, from any subordinate court to the other court competent to try the suit,
either suo moto on its own motion or upon the application of the aggrieved party. Under this
provision, the suit can be transferred from one court to another; however, the new court should
be equally competent to try the suit.

Section 25:
empowers the Supreme Court to transfer any case from the High Court or another civil court in
one state to the High Court or another civil court in any other state.

7. Explain the essential ingredients of summons. What are the different modes of
service of summons to defendant? (ii)
Order 5 deals with summons
https://blog.ipleaders.in/order-5-cpc/#Mode_of_service_of_summons

- The most important step comes after the institution of a suit, which is the issuance of
summons within seven days of the institution of the plaint, after which a defendant is
under an obligation to submit a written statement within 30 days.
- The importance of summons lies in the fact that when a plaintiff files a suit, the
defendant must be informed about the suit that has been filed against him so that he can
be heard and the procedure of fair trial is followed. The document which is sent by the
court to the defendant to inform him about the suit filed against him is known as a
summon.
- Summons has not been defined anywhere

Objectives of summons:
● It is important to inform a person about any legal action that has been taken against
them.
● It gives an opportunity to the defendant to present his case and side of the story.
● The basis of summons lies in the maxim “Audi Alteram Partem”, which means to hear
both sides.
● It further helps in following the principles of natural justice and ensures fair proceedings
and trial.
● It helps in ensuring the presence of either a witness or accused or any other person who
is involved directly or indirectly in a suit before the court.
● To produce the necessary documents.

Essentials of summons (O5, R 1,2)

1. Signature of judge: Every summon must be signed by the judge or any other officer
whom he appoints to do so on his behalf.
2. Sealed: It must be sealed properly.
3. When a summon will not be issued: The court will not issue any summons to the
defendant if he has appeared before the court at the time of the institution of the plaint.
 4. Role of defendant after summons: After summons are issued, the defendant is required
to file written statements within 30 days. If he fails to do so, he has to provide reasons,
and if the court is satisfied, it can extend the time period to file written statements to not
more than 90 days.
5. Summons are accompanied with plaint: Another essential element of summons is that
every summon must be accompanied by a copy of the plaint.
6. Format of summon to be followed: The format of a summons must be according to the
prescribed form given in Appendix B of the First Schedule under the code.

Modes of service of summons:

1. Personal or direct service (rules 10 - 16, 18)
● The service officer must try to serve the summons to the defendant or his agent.
● If the defendant is not present at his place of residence and there is no agent,
then it must be served on any adult male or female member of the family living
with him on his behalf.
● If a suit is related to the business or work of a person who does not reside within
the territorial jurisdiction of the court, then it may be served to the manager or
agent of that business or work.
● In the case of a suit on immovable property, if the defendant is not found, then
the summons may be served on any person or agent who is in charge of such
property.
● If a suit involves two or more defendants, then the summons must be issued to
each of them.
2. Service by court (Rule 9)
3. Service by plaintiff
4. Substituted service
5. Service by post
6. Service of summons in special cases

8. What are costs? Explain the different types of costs awarded in civil cases. (i)
Section 35, 35A, 35B deal with costs

Types of costs:
1. General costs (sec 35)
2. Compensatory costs for false or claims or defenses (sec 35 a)
3. Costs for causing delay
4. miscellaneous costs (order 20 A)
https://www.legalserviceindia.com/legal/article-7130-costs-sec-35-35a-35b.html

https://www.coursesidekick.com/law/3716122

https://www.legalservicesindia.com/article/480/Award-of-cost-under-cpc.html#:~:text=Section%2
035%3ASection%2035%20of,costs%20are%20to%20be%20paid.
 9. Explain the general/ fundamental rules of pleading./ Explain the circumstances
under which leave to amend the pleadings shall be refused. (IIIIi)
Pleading should be confined to facts only. It should not contain law. Explain.
Order 6 has 18 rules
https://www.ramauniversity.ac.in/online-study-material/law/ballb/iiisemester/english-iii/lecture-1.p
df

Fundamentals of pleadings (rule 1 & 2):

1. pleading should only state facts and not the law.
2. The facts that are stated in the pleading must be material facts.
3. It should never state or disclose the evidence.
4. The facts stated in the pleading must be in a concise form.

Other rules of pleading (rules 3-16):

https://blog.ipleaders.in/amendment-of-pleadings/

https://www.legalserviceindia.com/legal/article-10181-fundamentals-of-pleading-order-vi.html#:~
:text=The%20first%20fundamental%20of%20rule,be%20in%20a%20concise%20form.

circumstances under which leave to amend the pleadings shall be refused.

Order 6 rule 17
1. Application of amendment of Pleadings is rejected by the court when this amendment is
not necessary for determining the real question of controversy between parties.
2. Application of amendment of pleadings is rejected when it leads to the introduction of a
totally new case. In the case of the Modi Spg. Mills v. Ladha Ram & sons7 Supreme
Court held that “ the defendant cannot be allowed to change completely the case made
in certain paragraphs of the written statement and substitute an entirely different and
new case”.
3. When the Plaintiff or defendant is negligent
4. When proposed alteration or modification is unjust
5. Application for Amendments of Pleadings is refused when it violates the legal rights or
cause injustice to the other party
6. Leave to amend is refused when it leads to the needless complications in the case.
7. Leave to amend is refused when there has been excessive delay by the parties in filing
the suit.
8. Application of Amendment is refused when it changes the nature of the disputes
9. The court will not grant application of amendment of pleadings if it is made with mala fide
intention.
10. Where several opportunities are given to parties to apply for amendment of pleadings.
But they failed to make an application.
https://lawbhoomi.com/amendments-of-pleadings-under-order-6-rule-17-of-cpc/#:~:text=Amend
ments%20of%20pleadings%20should%20only,cannot%20be%20compensated%20through%20
costs.

https://blog.ipleaders.in/amendments-of-pleadings-cpc/

Pleading should be confined to facts and not law:

https://www.juscorpus.com/plead-facts-not-law/

10. Elucidate the essential contents of a written statement.

Order 8
https://blog.ipleaders.in/order-8-rule-10-cpc/

https://www.drishtijudiciary.com/to-the-point/ttp-code-of-civil-procedure/written-statement

Guessing these are the contents based on the above links:

1. New facts to be specially pleaded in written statement
2. Denial to be specific in written statement
3. Evasive denial in written statement
4. Set-off to be given in written statement
5. Counter-claim to be stated in written statement

11. Explain the purpose for which a commission can be appointed. What are the
powers of the commissioner?
https://blog.ipleaders.in/who-is-a-commissioner-under-civil-procedure-code/

https://www.drishtijudiciary.com/ttp-code-of-civil-procedure/court%E2%80%99s-power-to-issue-c
ommissions

12. Who may be joined as plaintiff and defendants? What are the effects of misjoinder
and non-joinder of parties?
Parties to a suit - order 1
https://law.uok.edu.in/Files/5ce6c765-c013-446c-b6ac-b9de496f8751/Custom/parties%20pladin
g%20SUBJECT.pdf

https://www.studocu.com/in/document/osmania-university/code-of-civil-procedure/who-can-be-jo
ined-as-parties-in-a-civil-suit/23824182
(use this if anyone has premium access to studoc)

https://www.lawteacher.net/free-law-essays/commercial-law/misjoinder-and-non-joinder-of-partie
s-commercial-law-essay.php

13. Discuss the provisions of the CPC in respect of appeals against decrees.
Section 96 - 99: appeals from original decrees
Section 100 - 103: appeals from appellate decrees

14. What is the special procedure for institution of suits by or against governments
and public servants in their official capacity?
Section 79, 80 and order 27
https://blog.ipleaders.in/suits-government-public-officers-official-capacity/

https://www.drishtijudiciary.com/to-the-point/ttp-code-of-civil-procedure/suits-by-or-against-gover
nment

15. Explain consequences of appearance and non-appearance of parties in a suit. (iii)

https://blog.ipleaders.in/appearance-and-non-appearance-of-parties/

Order 9
Rule 1: appearance of parties (on the first hearing of case)
Rule 2: consequences of non-deposition of fees by the plaintiff.
Rule 3 and Rule 4: the consequences of non-appearance of both the parties to the suit.
Rule 6: plaintiff is present but defendant is absent on the date of peremptory hearing
Rule 8: consequence of non-appearance of the plaintiff and appearance of the defendant
Rule 9 and Rule 9(A): consequences of non-appearance of the plaintiff to the court of law.
Rule 6, Rule 13 and Rule 13(A): provisions with respect to non-appearance of the defendant to
the court of law.

https://blog.ipleaders.in/appearance-and-non-appearance-of-parties/

https://lawbhoomi.com/appearance-and-non-appearance-of-parties-in-cpc/#:~:text=The%20App
earance%20of%20Parties%20to%20the%20Suit,-According%20to%20the&text=In%20case%2
0of%20the%20plaintiff's,parte%20order%20will%20be%20issued.

16. Explain the various modes of execution of decree. (incomplete answer)

Modes of execution (section 51):
1. Attachment of property
https://www.lawinsider.in/columns/attachment-of-property-under-cpc

2. Sale of movable or immovable property

https://blog.ipleaders.in/delivery-of-property/#:~:text=A%20decree%20for%20delivery%20of,to%
20103%20can%20be%20utilised.

3. Arrest and detention of the judgment debtor

https://blog.ipleaders.in/arrest-and-detention/

4. Attachment of salary or other income

5. Decree against the legal representatives of the judgment debtor, etc.
https://advocatetanwar.com/execution-of-decree-under-civil-procedure-code/
This link can be a draft for your answers.

17. What is meant by issues? How issues are framed? State the powers of the court to
amend or strike out issues. (i) / Define the term ‘issues’. Explain the provisions
relating to framing, amending and striking out the issues. (i)
Order 14
What are issues and how issues are framed?
https://ujala.uk.gov.in/files/Settlement_of_issues_By_Shailender_Yadav.pdf

Powers of the court to amend or strike out issues

Rule 5 order 14
Order 14 of CPC contains provisions in relation to the settlement of issues and determination of
suit on issues of law or on issues agreed upon.
Rule 5 of Order 14 of CPC deals with the power to amend and strike out issues. It states that-
(1) The Court may at any time before passing a decree amend the issues or frame additional
issues on such terms as it thinks fit, and all such amendments or additional issues as may be
necessary for determining the matters in controversy between the parties shall be so made or
framed.

(2) The Court may also, at any time before passing a decree, strike out any issues that appear
to it to be wrongly framed or introduced.

The power under Rule 5 is exercisable for determination of all matters in controversy between
the parties.
So, it is obligatory upon the court of first instance to frame issues as are necessary for
determining the real controversy between the parties which may arise on the basis of the
pleadings and in case the court refuses to settle an issue which is necessary, it certainly fails to
exercise the jurisdiction vested in it under law.
Thus, non-framing of additional issue which is necessary results in failure to exercise jurisdiction
by the court concerned and as such is revisable.
The power enshrined in Rule 5 however, is controlled by the provisions of Rule 3 of Order 14
which provides that the court may frame issues from all or any of the materials comprising
allegations made in the pleadings or in answers to interrogatories, documents produced by the
parties, allegations made on oath by the parties or by any person present on their behalf, or
statements made by the pleaders appearing for the parties, upon examination of witnesses or
inspection of the documents.
https://www.drishtijudiciary.com/current-affairs/rule-5-of-order-14-of-cpc

18. What is appeal? Explain the various types of appeal provided under civil
procedure code. (ii)
Types of appeal:
1. Appeals from original decrees
2. Appeals from appellate decrees (second appeals)
 3. Appeals from orders
4. Appeals to the supreme court
https://www.studocu.com/in/document/osmania-university/code-of-civil-procedure/kinds-of-appe
als/23823951

https://www.northeastlawjournal.com/post/appeals-under-cpc-rules-and-case-laws
Has everything of appeals

19. What is temporary injunction? Explain the grounds and principles to grant a
temporary injunction./ explain provisions for granting temporary injunction. (ii)
https://lawbhoomi.com/temporary-injunction-cpc/

Grounds to grant temporary injunction:

Case of Dalpat Kumar And Another v. Pralhad Singh And Others (1991) has established three
key requirements for application for temporary injunction and granting a temporary injunction
under CPC. They are:
1. Prima Facie Case
This means that in a lawsuit, there must be a serious and disputed question for a
temporary injunction in CPC. The facts surrounding this question should indicate a
reasonable likelihood of the plaintiff or defendant being entitled to relief. It’s important to
note that a prima facie case doesn’t require an irrefutable argument that’s certain to
succeed at trial. Rather, it means that the case presented for the injunction should have
sufficient merit to not be dismissed outright.

2. Irreparable Loss
If an individual were to suffer an irreparable loss related to the lawsuit before their legal
rights are determined at trial, it would result in grave injustice. However, it’s essential to
understand that losses such as the sentimental value of an item typically won’t be
considered irreparable. On the other hand, damages that cannot be adequately
remedied through legal means, especially when there’s no fair or reasonable solution,
may be regarded as irreparable.
Irreparable harm can also refer to situations where the injury is ongoing or repetitive, or
where it can only be remedied through multiple legal actions. Sometimes, the term
“irreparable damage” relates to the difficulty of quantifying the amount of harm suffered,
but mere difficulty in proving injury does not establish irreparable harm.

3. Balance of Convenience
The court must weigh the circumstances of both parties and compare the potential harm
or inconvenience that could result from withholding the injunction versus granting it. In
essence, the court should determine whether the harm or inconvenience caused by not
granting the injunction would be greater than what could occur if it were granted.
These three requirements serve as important criteria for deciding whether to grant a
temporary injunction in legal cases.
Provisions for temporary injunctions in cpc: ORDER 39 rule 1 to 5
1. Order 39, Rule 1 talks about the cases in which the court may grant a temporary
injunction as a statutory relief, they are:
● In the case of property dispute, if the property in question is under a risk of being
wasted, damaged or alienated or wrongfully sold by an individual involved in the
suit.
● If an individual threatened or displayed intention of removing or disposing off of
his property with a motive to defraud his creditors. This is specific to the
defendant only.
● If the plaintiff is threatened – by the defendant – to be dispossessed or injured in
the context of the property dispute under question.
● If the defendant were to commit a breach of peace or contract. The
aforementioned ground is also highlighted in Order 39, Rule 2 of the CPC, 1908.
● Lastly, the court may issue an injunction if it is of the opinion that it would be an
act in the interest of justice.

2. Order 39, Rule 2-A talks about the non-compliance of an individual with regards to an
injunction, they are:
● It mandates the detainment of that individual in civil prison for not more than
three months.
● Furthermore, it warrants the attachment of property of that guilty individual for not
more than a year. However, if the delinquency were to continue, the property may
be sold.
● In the case of Ram Prasad Singh v. Subodh Prasad Singh (1983), it was
highlighted that it is not necessary for an individual to be a party to the concerned
suit, to be liable under Order 39, Rule 2-A of the CPC, 1908, provided it is known
that he was an agent of the defendant and violated the injunction despite being
aware of the same.

3. Usually, the court is required to issue a notice to the opposite party regarding the
application of injunction, but through Order 39, Rule 3, the court can grant an ex-parte
injunction when it is under the belief that the object of the injunction would be defeated
because of delay. The Supreme Court through the case of Union of India v. Era
Educational Trust (2000), laid down certain guiding principles for courts to follow while
deciding upon an ex-parte injunction, they are:
● Whether the plaintiff will be a victim to irreparable mischief by the defendant?
● Whether the weight of injustice will be heavier if an ex-parte injunction is not
granted?
● Whether the timing of applying for an ex-parte jurisdiction was maliciously
motivated?
● The courts will also consider the general principle of balance and irreparable
loss.
 4. Order 39, Rule 4 lays down that an injunction may be discharged, varied or set aside, if
any dissatisfied party makes an appeal against it, provided that:
● The application for injunction or documents advocating the same included
knowingly false or misleading statements and the injunction was granted without
listening to the other party. Thus, the court will vacate the injunction. However, it
can also stick with the injunction if it considers – the reason is to be recorded –
the same not be necessary in the discourse of injustice.
● Furthermore, the court may also set aside the injunction if, due to a change of
circumstances, the party against whom the injunction is granted, has suffered
unnecessary hardships.

5. Order 39, Rule 5 makes an important point that, if an injunction is granted against a
corporation or a firm, the authority of the is not limited to the corporation as an entity
alone, members and officers of the corporation whose personal action it seeks to restrain
are also included under its ambit.

When a temporary injunction is rejected?

Mentioned in Section 41 of Specific relief act, 1963:
1. Restrain any person from prosecuting a judicial proceeding at the institution of the suit, in
which injunction is sought, unless restraint is necessary to prevent multiplicity of
proceedings.
2. To restrain any person from instituting or prosecuting any proceeding in a Court not
subordinate to that, from which injunction is sought.
3. To restrain any person from applying to any legislative body.
4. To restrain any person from instituting or prosecuting any proceeding in a criminal
matter.
5. To prevent the breach of a contract the performance of which could not be specifically
enforced.
6. To prevent on the ground of nuisance, an act of which it is not reasonably clear that it will
be a nuisance.
7. To prevent a continuing breach in which the plaintiff has acquiesced.
8. When equally efficacious relief can certainly be obtained by any other usual mode of
proceeding except in case of breach of trust.
9. When the conduct of the plaintiff or his agents has been such as to disentitle him to the
assistance of the court.
10. When the plaintiff has no personal interest in the matter.

20. Explain under what circumstances a reference can be made to the High court? (iII)
https://blog.ipleaders.in/reference-review-revision/

21. State the procedure for instituting a suit by an indigent person. (ii)
https://blog.ipleaders.in/analysis-of-order-33-of-cpc-suits-by-indigent-persons/#Procedure_to_fil
e_a_suit_as_an_indigent_person
 22. When can the court appoint a receiver? Explain the power and duties of the
receiver./ Who is a ‘receiver’? What are his powers and functions?/ State the
purpose for which receiver can be appointed. What are the powers and function of
receiver and when they can be removed?
https://legalvidhiya.com/what-is-receiver-under-cpc-2/
https://blog.ipleaders.in/receiver-under-civil-procedure-code/

Unit 5
10 markers
23. What is legal disability? Discuss the provisions in the limitation act affording
protection under such disability. (iii)
https://xpertslegal.com/blog/legal-disability-under-limitation-act-1963/#:~:text=Leg
al%20disability%2C%20as%20defined%20in,such%20as%20minority%20and%20in
sanity.

https://lawbhoomi.com/legal-disability-under-limitation-act-1963/

24. Explain the provisions in respect of condonation of delay./ Explain the

circumstances in which delay will be condoned under the limitation act. (IIIIII)
https://navi.com/blog/condonation-of-delay/

https://blog.ipleaders.in/condonation-of-delay/#Condonation_of_delay_under_the_Limitat
ion_Act_1963

https://www.legalserviceindia.com/legal/article-1107-section-5-condonation-of-delay-unde
r-the-limitation-act-1963.html

25. “Once the time has begun to run, no subsequent disability or inability can stop it.”
discuss. (IIII)

26. Distinguish between limitation and estoppel.

Section 115 of the Indian Evidence Act, 1872 incorporates the meaning of estoppel as when one
person either by his act or omission, or by declaration, has made another person believe
something to be true and persuaded that person to act upon it, then in no case can he or his
representative deny the truth of that thing later in the suit or in the proceedings. In simple words,
estoppel means one cannot contradict, deny or declare to be false the previous statement made
by him in the Court. Eg, If Thanos is an employee of company XYZ but in court, he denies to be
an employee of that company, then, later on he could not claim the salaries and emoluments
from that company.
The Law of limitation prescribes a time period within which a right can be enforced in a Court of
Law. The time period for various suits has been provided in the schedule of the Act. The main
purpose of this Act is to prevent litigation from being dragged for a long time and quick disposal
of cases which leads to effective litigation.

A. Category of law
● The doctrine of estoppel falls under substantive law and not procedural law, as
procedural law discusses the procedure that needs to be followed in a case.
● Limitation, on the other hand, falls under procedural law.
B. Prohibitions made to people
● This doctrine of estoppel states that in a situation where a person says a
statement to be true, later he is prohibited from making a contradictory statement
to the said one or denying the truth of a statement that was said by him earlier.
● Limitation, on the other hand, prohibits a person from exercising his right to sue
another person after the limitation period is over. For filing a case, a certain
period is specified. If any person files a case beyond that limitation period, the
court will dismiss that case unless the party can satisfy the court with appropriate
reasons for his delay in filing the case.
C. Availability of limitation or estoppel
● When a case is filed in the court, this doctrine can be used by either party to the
suit. There is no restriction for either of the parties to the suit.
● In cases of limitation, if a delay in filing suit occurs due to any of the actions of the
defendant, the period of limitation will remain available to the plaintiff. This is
because the actions of the defendant prevented the plaintiff from filing the petition
on time.

27. Limitation bars the remedy, but does not extinguish the right. Explain.
https://www.scribd.com/document/373848674/limitation-bars-remedy-but-does-not-destroy

The Law of limitation bars the remedy in a Court of law only when the period of limitation
has expired, but it does not extinguish the right that it cannot be enforced by judicial
process (Bombay Dying & Mfg. Co. Ltd. v. State of Bombay). Thus if a claim is satisfied
outside the Court of law after the expiry of period of limitation, that is not illegal as the right
to cause of action always remains. Similarly, even if the defence of limitation is not set by
the other party, the Court cannot accept any suit, appeal or application beyond the period
of limitation.
For example, where the recovery of a debt has become time barred by lapse of the
prescribed period of limitation, the right to the debt is not extinguished. If the debtors,
without being aware of the bar of time, pays the debt he cannot sue the creditor to refund
the money to him on the ground that his claims for recovery of the debt had become time
barred.
Section 3
• Section 3 of the Act provides that any suit, appeal or application must be made within
the period of limitation as specified in Limitation Act.
• If any suit, appeal or application made beyond the prescribed period of limitation, it is
the duty of the Court not to proceed with such suits irrespective of the fact whether
the plea of limitation has been set up in defence or not.
• The provisions of Section 3 are mandatory.
• The Court can suo motu take note of question of limitation. The question whether a
suit is barred by limitation should be decided on the facts as they stood on the date of
presentation of the plaint.
• It is a vital section upon which the whole limitation Act depends for its efficacy.
• The effect of Section 3 is not to deprive the Court of its jurisdiction.
• Therefore, decision of a Court allowing a suit which had been instituted after the
period prescribed is not vitiated for want of jurisdiction. A decree passed in a time
barred suit is not a nullity.

28. Discuss acknowledgement of debt under the limitation act./ What is its effect on
limitation?
29. Explain the effects of fraud or mistake in filing a suit by the parties to a dispute,
under the limitation act.
https://www.legalbites.in/law-of-limitation/effect-of-fraud-or-mistake-section-17-the
-limitation-act-1963-991275?infinitescroll=1

30. Explain the salient features of limitation act.

https://www.drishtijudiciary.com/ttp-limitation-act/salient-features-of-limitation-act-1963

31. State the general rules for calculation of period of limitation for filing suit. (I)
https://blog.ipleaders.in/circumstances-extension-limitation-filing-suit-limitation-act-1963/
https://www.legalservicesindia.com/article/543/Condonation-of-Delay-and-Law-of-limitation.html

6 markers

16 MARKERS
32. What is an interpleader suit? Explain the conditions and procedure relating to an
interpleader suit. (i)/ who cannot file this interpleader suit?
https://blog.ipleaders.in/what-is-interpleader-suit/

Procedure for Institution of Interpleader Suit

The procedure is provided under Order 35 (Interpleader) of CPC which is as follows:

Rule 1: It states that the plaintiff while filing a suit of interpleader must also state:
That he claims no interest in the subject-matter in dispute other than for charges or costs.
The claims are made by the defendants severally.
That there is no collusion between the plaintiff and any of the defendants.
Rule 2: It mentions that where the thing claimed is capable of being paid into Court or placed in
the custody of the Court, the plaintiff may be required to so pay or place it before he can be
entitled to any order in the suit.
Rule 3: It states that where defendant in an interpleader suit actually sues the plaintiff in respect
of the subject matter, any court in which suit against plaintiff is pending shall on being informed
by the Court in which suit of interpleader is pending stay such suit.
Rule 4: At first hearing the court may declare that:
Plaintiff is discharged from all liability towards defendant in respect of things claimed.
If the court thinks that for ends of justice to meet all parties need to be retained, till the end, it
may retain such parties.
Rule 5: It mentions that agents and tenants may not institute interpleader suit against their
principal and landlord respectively.
Illustration - A deposits a box of jewels with B as his agent. C alleges that the jewels were
wrongfully obtained from him by A, and claims them from B. B cannot institute an
interpleader-suit against A and C.
Rule 6: Charge for Plaintiff’s Costs — Where the suit is properly instituted the Court may provide
for the costs of the original plaintiff by giving him a charge on the thing claimed or in some other
effectual way.

Who cannot file interpleader suit?

Order XXXV, Rule 5 of the Code of Civil Procedure, 1908 states that, an agent cannot sue his
principal, and similarly, a tenant cannot sue his landlord for the purpose of compelling such
principals/landlords to interplead with persons other than the ones claiming through them.5 In
the case of, N.M.N. Duraiswami Chettiar v. Dindigul Urban Co-operative Bank Ltd6 , it was held
that, on a dispute as to the ownership of the deposit arising between the customers and the
third person, an interpleader suit filed by the bank, would not come within the prohibition of
Order XXXV, Rule 5 of the Code of Civil Procedure, 1908.

33. What are the pre-conditions and procedures to be followed in the institution of
suits by or against the government? Explain. (i)

34. What is a commission? What are the different purposes for which a commission
may be appointed? / Write short note on “issue commission”(i)
https://legalvidhiya.com/commissions-under-cpc/

35. Explain the procedure for attachment and sale of immovable property for
execution of a decree.

36. Explain the rules of CPC relating to award of interest in civil suits.
https://blog.ipleaders.in/section-34-cpc/#:~:text=When%20a%20court%20passes%20a,the%20
granting%20of%20such%20interest.

37. What is the special procedure to be followed in suits by or against minors?

https://blog.ipleaders.in/order-32-cpc/
 38. What is the special procedure to be followed in a suit by or against partnership
firms? (I)
https://blog.ipleaders.in/order-30-civil-procedure-code-suits-firms/
https://lawwire.in/civil-procedure-code-1908/schedule-i-of-c-p-c/order-xxx-suits-by-or-aga
inst-firms-and-persons-carrying-on-business-in-names-other-than-their-own/

39. What is meant by “executing court”? What are its powers?

The Court which passed the decree or order is the executing Court.

Powers and duties of executing decree:

- Plenary power to determine questions related to execution, discharge, or satisfaction of
a decree.
- The relevant date for this purpose would be the date on which the proceedings were
originally instituted.
- It can mould relief according to the changes in the circumstances.
- The court cannot go beyond what has been mentioned in the decree.
- The question related to the validity or correctness of the decree can not be determined
by such a court.
- It has the duty to interpret the decree in cases of vagueness and ambiguity.
- It can also refuse the execution of a decree if there is an inherent lack of jurisdiction in
the court.

https://blog.ipleaders.in/section-47-cpc/#Powers_and_duties_of_executing_court

40. What is review? What are the conditions for exercise of revisional jurisdiction?
Explain. (write about conditions for exercise of revisional jurisdiction to complete
answer)/ explain revision.
https://blog.ipleaders.in/review-judgement-cpc/

Revision
https://www.drishtijudiciary.com/current-affairs/revision-petition-under-section-115-of-civ
il-procedure-code#:~:text=Grounds%20for%20Revision%3A,in%20it%20by%20law%2C%
20or

41. Describe the provisions relating to institution of suit. / rules relating to institution
of suits under code of civil procedure.
https://www.legalservicesindia.com/article/2212/Institution-of-Suit-and-its-Essentials.html

42. What is res judicata? Explain the conditions to constitute of res judicata./ state its
objects and principles.
https://blog.ipleaders.in/res-judicata-cpc/
 43. Whether death of a party to a suit abates the legal proceedings? Explain applying
rules under order XXII of CPC 1908.

44. What is exparte decree? Explain the grounds for setting aside the exparte decree.
https://lawbhoomi.com/setting-aside-of-an-ex-parte-order/

https://blog.ipleaders.in/order-9-rule-13-cpc-1908/

45. Explain the provisions of CPC relating to the parties to the suit, their joinder,
misjoinder and non-joinder. / Who may be joined as plaintiff’s and defendant?
What is the effect of misjoinder and non-joinder of parties?/ rules relating to
joinder of parties to the suit.
Joinder, misjoinder and non-joinder
https://www.lawyersclubindia.com/articles/rules-relating-to-joinder-of-plaintiff-and-defendant-161
92.asp

Draft of who are parties to the suit

https://bhattandjoshiassociates.com/parties-to-the-suit-a-comprehensive-legal-guide/

Real stuff
https://law.uok.edu.in/Files/5ce6c765-c013-446c-b6ac-b9de496f8751/Custom/parties%20pladin
g%20SUBJECT.pdf

46. Define the terms judgement and decree and state the difference between judgment
and decree.
https://blog.ipleaders.in/judgement-and-decree-under-cpc/

47. Explain briefly the general principles of execution of decree.

https://www.legalserviceindia.com/legal/article-7140-concept-and-general-principal-of-ex
ecution-section-38-to-46.html

48. Discuss about ‘arrest before judgment’.

https://www.legalserviceindia.com/legal/article-1132-arrest-before-judgment.html

49. Explain the inherent powers of the court. (I)

https://lawbhoomi.com/inherent-powers-of-court-under-cpc/

50. What is a written statement? What should it contain?

https://lawbhoomi.com/written-statement-in-cpc/

What should it contain?

https://lawbhoomi.com/written-statement-format/
 51. What is an ex parte decree? What are the remedies available against an ex parte
decree?
https://blog.ipleaders.in/order-9-rule-13-cpc-1908/#What_is_%E2%80%9Cex-parte%E2%8
0%9D

52. Explain the suits of particular cases with special reference to the suits by or
against the government.
https://blog.ipleaders.in/suits-government-public-officers-official-capacity/

53. What are the different modes of executing a decree in a money suit?

54. What is revision? How does it differ from an appeal?

https://keydifferences.com/difference-between-appeal-and-revision.html

55. “Every suit shall include the whole claim in respect of the cause of action”.
Comment with illustration.
https://www.lawfinderlive.com/Articles-1/Article119.htm?AspxAutoDetectCookieSupport=
1

https://www.legalserviceindia.com/legal/article-4129-order-2-rule-2-a-bar-to-splitting-of-ev
il.html

56. Define foreign judgment. When shall it be conclusive and state the presumption
relating to foreign judgment.
Section 13: when foreign judgment shall not be conclusive
https://www.drishtijudiciary.com/ttp-code-of-civil-procedure/foreign-judgement

Section 14: presumptions of foreign judgment

https://blog.ipleaders.in/decrees-judgments-enforcement/

57. What is attachment? Explain the properties which are not liable for attachment
and sale in execution of a decree. (I)
Section 60
https://www.lawteacher.net/free-law-essays/property-trusts/exemption-of-properties-from
-sale-and-attachment.php#:~:text=Under%20this%20clause%2C%20the%20main,in%20ex
ecution%20of%20a%20decree.

https://blog.ipleaders.in/attachment-of-property-interesting-facts-you-must-know-about/#
Modes_of_attachment

58. Explain the term reference. State the circumstances on which reference can be
made and how does it differ from review. (I)
What is reference?
Section 113 of Civil Procedure Code deals with the provision of reference. Under the provision
of Section 113, a lower or subordinate court can reach out to higher court for the doubt in order
to avoid the misinterpretation of the law which is called reference. Parties through an application
can move the reference to the High court. Lower Court can apply the provision of reference
suo-moto in case of any doubt with respect to any legal provision. The lower court is not bound
to refer to the High Court other than in case of validity of legal provision. It helps the lower court
to avoid commission of error while pronouncing the judgement. The subordinate court can use
its right to reference in the following situation:
1. In case of any question arising in the court at the time of entertaining the suit with
respect to the validity of any act, rules, order, ordinance etc.
2. Where the court has the opinion or feels that any provision of the law is invalid or not in
the power of court (“ultra-virus”).
3. The High Court or Supreme Court must have not made such question on the provision of
law invalid.
4. The court feels that it is important to take the reference of high court for ascertaining the
validity of the provisions mentioned in the law before disposal of any case.

There can be two types of doubts which need to be referred under this section.
1. In case, the doubt has arisen with respect to any Act or law, it is mandatory for the lower
court to take the reference or opinion from the High court.
2. However, in case the doubt has come up during proceedings, it is not mandatory for the
lower court to take the opinion of the High Court. The lower court can suo-moto refer to
the High Court.

Conditions for Reference:

Order 46 Rule 1 requires the following condition for a subordinate court to make a reference:
1. Suit or appeal must be pending in which the decree is not subject to appeal or a pending
proceeding in execution of such decree.
2. There must arise a question of law in such suit, appeal or proceeding.
3. The court trying the suit or appeal or executing the decree must have a reasonable
doubt on such question.
The subordinate court having a doubt on question of law may be divided into two classes:
1. The question related to the validity of any Act, Ordinance or regulation and any other
questions.
Under the second condition reference is optional, but in the first condition it is obligatory, if the
following conditions are fulfilled:
1. It is necessary to decide such question in order to dispose of the case.
2. The subordinate court is of the view that impugned Act, ordinance or regulation is ultra-
virus and.
3. There is no determination either by the supreme court or by the High Court to which
such court is subordinate that such Act, Ordinance or Regulation is ultra virus.It is also
essential that only a court can make a reference on 9 application of parties or sumoto,
on its own discretion having fulfilled the above conditions.
The apparent requirement of court to make sure such a question must have arisen between
parties to the suit and hence port leaves no scope for reference on a hypothetical question
which is based on pillars of may or might on a point likely to arise to in future.
So it is clear that a reference can be made in a suit, appeal or execution proceeding pending
before the court only when there is a doubt of law.

Difference between reference and review:

1. The case is referred to the High Court by the subordinate court and not by the party for
reference.
For review, the application is made by the aggrieved party.

2. The matter of reference can be decided by the High Courts only.

A review is done by the court which has passed the decree or made the order.

3. Reference can be made only when the suit, appeal or execution proceeding is pending.
A review can be done only after the decree or order is passed.

4. Grounds of reference are different from a review.

Grounds for review are different.

59. “Every suit shall be instituted in the court of lowest grade competent to try it”.
Comment.
Section 15
https://www.legalservicesindia.com/article/1780/Jurisdiction-of-Civil-Court-and-Place-of-Suing.ht
ml#:~:text=Every%20suit%20shall%20be%20instituted,try%20the%20suit%20at%20first.

60. What is an injunction? State the grounds and procedure for issuing an order of
temporary injunction. Discuss the principles governing the grant of temporary
injunction(I)
https://lawbhoomi.com/temporary-injunction-cpc/

Procedure:
An application for temporary injunction should be filed with plaint supported by an affidavit.
The Court shall in all cases, before granting an injunction, direct notice of the application for the
same to be given to the opposite party:
Provided that, where it is proposed to grant an injunction without giving notice of the application
to the opposite party, the Court shall record the reasons for its opinion that the object of granting
the injunction would be defeated by delay, and require the applicant-
(a) to deliver to the opposite party, or to send to him by registered post, immediately after the
order granting the injunction has been made, a copy of the 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 documents oil which the applicant relies, and
(b) to file, on the day on which such injunction is granted or on the day immediately following,
that day, an affidavit stating that the copies aforesaid have been so delivered or sent.

In the case of disobedience of any injunction granted or other order made by court or breach of
any of the terms on which the injunction was granted or the order made, the Court granting the
injunction or making the order, or any Court to which the suit or proceeding is transferred, may
order the property of 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 a term not exceeding three months,
unless in the meantime the Court directs his release.

Principles governing grant of temporary injunction:

https://www.legalserviceindia.com/legal/article-9627-triple-test-three-pillars-for-grant-of-temporar
y-injunction-by-courts.html

61. What are appeals? State the classes of appeal provided under CPC.
https://lawbhoomi.com/appeal-under-cpc/#:~:text=An%20appeal%20in%20CPC%20is,arg
uments%20for%20a%20different%20outcome.

Kinds of appeals
Appeals can be divided into following four classes according to the provisions of the Code of
Civil procedure.
1. Appeals from original decrees,
2. Appeals from appellate decrees (Second Appeals),
3. Appeals from Orders, and
4. Appeals to the Supreme Court.

1. Appeal from Original Decree

Section 96 of the Code provides that the first way of challenging the decree, passed by a court
exercising the original jurisdiction, is by filing an appeal in the court ‘authorized to hear appeals’
from the decisions of such court. It also provides that, an appeal may lie from an original decree
passed ex parte, i.e., without hearing the other party. No appeal will lie from a decree passed by
the Court with the consent of parties.
This kind of appeal is also known as ‘the first appeal’. It is permissible for the appellate court to
re-examine and re-appreciate the evidence, in the first appeal. The right to institute the suit is an
inherent right, but the right of appeal is statutory. (Baldev Singh v. Surendra Mohan Sharma,
AIR 2003 SC 225).

2. Appeals from Appellate Decrees/Second Appeal

Section 100-103 and 108 of CPC deals with the second appeal. This part of the code contains
provisions relating to appeal from ‘appellate decrees’ unlike from original decree. As the word
‘second appeal’ clearly denotes, it is an appeal filed against the order of an appellate court.
Second here denotes the number of appeals, in laymen terminology. Section 100 provides that
an appeal shall lie to the High Court from every decree passed in appeal by any Court
subordinate to the High Court if the High Court is satisfied that the case involves a substantial
question of law. It must be noted that second appeal only lies on the substantial question of law,
not on the question of facts.
In State Bank of India & Ors. v. S.N. Goyal, AIR 2008 SC 2594, the Supreme Court explained
the term ‘substantial question of law’, by observing that, “The word ‘substantial’ prefixed to
‘question of law’ does not refer to the stakes involved in the case, nor intended to refer only to
questions of law of general importance, but refers to impact or effect of the question of law on
the decision in the lies between the parties. ‘
Substantial question of law’ means not only substantial questions of law of general importance
but also the substantial question of law arising in a case as between the parties. ….. Any
question of law which affects the final decision in a case is a substantial question of law as
between the parties. A question of law which arises incidentally or collaterally, having no bearing
on the final outcome, will not be a substantial question of law.”
The jurisdiction of the High Court is now confined to entertain only such appeals as involve a
substantial question of law set out in the memorandum of appeal and formulated by the High
Court.

3. Appeals from orders:

It is a general rule created under the Code that only decrees are appealable and orders are
non-appealable. However, there can be circumstances where an order can largely affect the
rights of the parties to a suit and therefore, Section 104 was enacted to provide a list of orders
from which an appeal lies.

4. Appeals to the supreme court:

Article 132 provides for an appeal to the Supreme Court of any judgment, order or decree from
civil or criminal cases or any other proceedings. The Supreme Court is the topmost forum in the
hierarchy of the Court. It is primarily the Court of appeal. It is the highest forum for appeal in the
country. The power of appellate jurisdiction is given to the Supreme Court, by the Indian
Constitution under Article 132, 133, 134, 134A.

62. Who can apply for setting aside the sale in execution of a decree? When can sale
be set aside?
https://www.scribd.com/document/306800131/CPC-Setting-Aside-of-Sale

63. What is a suit of civil nature? Explain with illustrations.

https://blog.ipleaders.in/an-in-depth-analysis-of-section-9-of-the-cpc/
https://lawbhoomi.com/suits-of-civil-nature-under-cpc/

64. Write a note on “verification of pleadings”.

https://taxguru.in/corporate-law/verification-pleadings-cpc-amended-commercial-courts-a
ct-2015.html
https://www.studocu.com/in/document/panjab-university/llb/pleading-with-defective-verifi
cation-is-it-curable-or-not/36204251
 65. Write a note on “proclamation of sale”
https://lawbhoomi.com/order-21-rule-66-cpc/

6 MARKERS
1. ‘A’ residing in Delhi, beats ‘B’ in Calcutta. ‘B’ wants to file a suit against ‘A’. where
can he sue? Advise him.
2. Jurisdiction as subject matter.
https://blog.ipleaders.in/jurisdiction-of-civil-courts-2/
https://indianlawlive.net/2022/05/02/place-of-filing-civil-suits/

Subject matter jurisdiction is a type of jurisdiction.

3. Write a note on decree

https://blog.ipleaders.in/introducing-decree/

Shorter answer
https://lawbhoomi.com/decree-in-cpc/

4. Substantive and procedural laws

5. Adverse possession
6. Suit
7. Stay of suits
8. Interlocutory applications
9. Prescription
10. Indigent person.
11. Bar on jurisdiction
12. Garnishee order
13. Summons
14. Inherent powers of court

15. Written statement- defenses available to the defendant. (iI)

16. set -off and counter claim. (IiiiiiiI)
17. Rejection of plaint.
18. Issues/ Kinds of issues (iI)
19. Adjournment. (Iii)

20. Affidavit.(ii)
21. Admissions. (iii)
22. Difference between judgment and decree.
23. Decree. Short note.
24. Effect of fraud or mistake on limitation.
 25. Arrest before judgment (II)
26. arrest
27. Caveat (iiiiii)
https://lawbhoomi.com/caveat-in-cpc/#:~:text=A%20caveat%20in%20CPC%20is%20a%20l
egal%20notice%20filed%20in,court%20without%20informing%20the%20caveator.

28. Revision

29. Objects of law of limitations. (II)

30. Pecuniary jurisdiction
31. Effect of fraud on period of limitation (II)
32. Prescription (i)
33. Acknowledgement
34. Dilatory pleas
35. Transfer of case
36. Appeals (I)
37. Territorial jurisdiction of courts
38. Inter- pleader suit
39. A suit for arrears of rent
40. Suit by a mortgage for foreclosure
41. Application for execution of decree.

CASE LAW QUESTIONS

42. Right to sue arises to ‘X’ during his minority. ‘X’ dies one day after attaining
majority. He is succeeded by his son ‘Y’ who is a minor. Determine the effect on
the period of limitation.
43. ‘A’s wife refused to return to her husband and allow him the exercise of conjugal
rights. What is the period of limitation for ‘A’? Decide.
44. X is a permanent resident of Hubballi and Y is a permanent resident of Bangalore.
X has taken a loan from Y at Hubballi. He has not repaid the loan till today. Y has
instituted a suit for recovery of the said loan against X at bangalore. X has raised
objection as to the jurisdiction. Decide.
45. Prakash has sued ashok for defamation. The suit was decided in favour of
Prakash. Ashok preferred an appeal against the judgment of lower court. Prakash
died during the pendency of appeal. Legal representatives of Prakash have
applied for being impleaded as respondents. Decide.
46. ‘A’ wants to file a suit against ‘B’. as the court was closed due to the holiday and
that being the last day of the limitation, he could not file the suit. Mr. ‘A’ seeks
extension of limitation period, will he succeed?
47. ‘A’ residing in Delhi publishes in Calcutta statements of defamatory to ‘B’, the
newspaper is circulated in Bombay, Madras and Raipur. ‘B’ wants to file a suit
against ‘A’. where can he sue? Advice him.
48. Prakash had sued Ashok for defamation. The suit was decided in favour of
prakash. Ashok preferred an appeal against the judgment of trial court. Prakash
died during the pendency of appeal. Legal representatives of prakash have
applied for being impleaded as respondents. Decide.
49. ‘X’ takes the debt from ‘Y’ under oral terms. ‘X’ gives a written acknowledgement,
after the expiry of two years and pleads sorry for not paying the debt. Determine
the validity of acknowledgement.
50. Rajan has instituted a suit against his wife rajani in the civil court at dharwad.
Rajani is residing at tumakuru with her parents. She has no income of her own
and therefore, she is finding it difficult to travel to dharwad frequently to attend
the proceedings. Advice her.
51. Ramesh has published books under the banner “oxford and cambridge university
press”, oxford university and cambridge university have instituted a joint suit
against ramesh. Is the joinder of plaintiffs valid?
52. Gopal has taken a loan from rajeev on 10/2/2014. He has given a written
acknowledgement of loan to rajeev on 15/4/2017: rajeev has instituted a suit for
recovery of the loan against Gopal on 10/8/2017. Is the suit within limitation?
53. Rajesh has instituted a suit against Shekhar for recovery of Rs 1 lakh, in the court
of senior civil judge. The suit is tried by the court and at the stage of arguments
Shekhar contends that the court has no jurisdiction to decide the case. Decide.
54. In a suit the defendant refused to accept the summons which was issued to him.
The process server left the summons on a table in the defendant’s house. Is the
service valid?
55. Chetan has taken a loan from Ganesh. He has given an acknowledgement to
Ganesh before the expiry of limitation stating that, “i owe you Rs 50,000. But I
refuse to pay the same”. Examine the validity of the acknowledgement.
56. Anil who is resident of bellary publishes a newspaper containing statements
defamatory of Basant. The newspaper is circulated in Bidar, Bellary, Kalaburgi and
Raichur. Basant desires to institute a suit against Anil. Where can he institute the
suit?
57. Ramesh has instituted a suit against Santosh, seeking possession of a house on
the ground that he has purchased the same from Santosh. Now he wants to
amend the plaint to the effect that he is entitled to the possession of the house as
a tenant. Can he succeed?
58. Keshav is a tenant in Sunil’s house since last 35 years. Now Sunil wants the
house for his own use. He has filed an eviction petition against Keshav. Keshav
contends that he has become owner of the house by adverse possession. Decide.
59. Sunil is a permanent resident of Davanagere and Prakash is a permanent resident
of Shivamogga. Sunil has taken a loan from Prakash at Davanagere. He has not
repaid the loan till today. Prakash has instituted a suit for the recovery of the said
loan, against sunil at Shivamogga. Sunil has raised objections as to the
jurisdiction. Decide.
60. ‘A’ sues ‘B’ in a foreign court. The suit is dismissed. Thereafter ‘A’ wants to file the
same suit against ‘B’ in India on the same cause of action. Whether he can
institute a suit? Decide.
61. Right to sue arises to ‘P’ during his minority. ‘P’ dies one day after attaining
majority. He is succeeded by his son ‘K’ who is a minor. Determine the effect on
the period of limitation.
62. ‘A’ filed suit for partition against his brothers “B” and ‘C’. the court has passed the
preliminary decree and final decree in the matter. Being aggrieved by the decree of
the court ‘A’ preferred appeal against final decree and raised question about
correctness of the preliminary decree. Whether appeal maintainable?
63. Ramesh has borrowed some money from dinesh and failed to repay it. Dinesh
wants to file suit against ramesh for recovery of money advanced. The last day of
limitation was sunday. Therefore he filed suit on immediate next monday and
claims for extension of limitation as the last day of limitation was sunday being
holiday to the court. Can he succeed?
64. The suit filed by ‘X’ is posted for cross examination of the plaintiff. Defendant files
application for adjournment on the ground that his counsel is suffering from
illness. Rejecting the application, court directs him (defendant) to change the
counsel and proceed with cross examination. Whether order of the court is
sustainable?
65. Anil has instituted a suit against Suresh for the recovery of a loan alleged to be
advanced by him to Suresh. Suresh has appeared in the suit, but has not
presented his written statement. Anil contends that not presenting a written
statement amounts to implied admission of all facts in the plaint. Decide.
66. Ramesh has instituted a suit against Keshav for recovery of loan. While instituting
the suit he claimed only the principal amount, omitting the interest by over sight.
Now he wants to claim the interest. Advice him.
67. Santosh has taken a loan of Rs 50,000 from city bank on 10/5/2013. He had a fixed
deposit of rs 75,000 in the same branch of city bank, which matured on 16/10/2017.
The bank deposited the proceeds of the fixed deposit in the SB account of
Santosh, after deducting the loan amount and interest thereon. Santosh wants to
recover the amount so adjusted by the bank. Advise him.
68. The govt. Of malenadu issues an order banning sale of liquor in the state in order
to protect public health. ‘X’ challenges the validity of the said order before the
High court on the ground that it violates freedom of business under Art. 19(1)(g).
The high court dismisses the petition. Aggrieved by the said order ‘X’ files a fresh
writ petition before the Supreme court of india. Whether ‘X’ can succeed in the
case?
69. ‘A’ files a suit against ‘B’ requesting the court to declare him as an owner of a
property ‘C’. the court dismisses the suit. ‘A’ files an appeal before appellate
court. During the pendency of appeal, ‘A’ files a fresh suit against ‘B’ before the
lower court requesting the court to issue decree for ‘Mesne profit’. State whether
second suit is maintainable.
70. ‘A’ enters into a contract with ‘B’ for supply of certain goods. The said contract
was entered into in Bengaluru and ‘B’ was required to dispatch the goods to
Bengaluru. ‘B’ fails to supply goods. ‘A’ files a suit against ‘B’ in Bengaluru city
civil court. ‘B’ challenges the jurisdiction of the court on the ground that suit has
to be filed where the defendant has the place of business. Suggest ‘b’.
71. Subhash is a permanent resident of Ballary and Anand is a permanent resident of
Kolar. Subhash has made an agreement with anand at Ballary for supply of certain
quantity of paper every month. The parties to the agreement have agreed that if
any dispute arises between them, the same shall be subject to the jurisdiction of
civil court at Tumkur. Decide the validity of the agreement.
72. Ramesh is a permanent resident of belagavi and ashok is a permanent resident of
dharwad. Ramesh has taken a loan from ashok at belagavi. He has not repaid the
loan till today. Ashok has instituted a suit for the recovery of the said loan, against
ramesh at Dharwad. Ramesh has raised objection as to the jurisdiction. Decide.
73. Mahesh has sued Anirudh for defamation. Mahesh died during the pendency of
the suit. LRs (legal heirs) of Mahesh have made an application for being
impleaded as plaintiffs. Decide.
74. Mahesh had sued anirudh for defamation. The suit was decided in favour of
mahesh. Anirudh has preferred an appeal against the judgement of trial court.
Mahesh died during the pendentcy of appeal. LRs of Mahesh have applied for
being impleaded as respondents. Decide.
75. Ramesh has taken a loan of rs 50,000 from Ashok on 20-10-2010. He has not
repaid the loan till today. Ashok has instituted a suit against ramesh for the
recovery of the said loan, on 15/9/2015. Ramesh has not raised any objection
regarding limitation, in his written statement. Can the court hear and decide the
suit?
76. A residing in delhi published in calcutta statements of defamtory to B. the news
paper is circulated in bombay, madras and raipur. B wants to files a suit against A.
where he can sue? Advise him.
77. A enters into an agreement jointly with B and C to sell 100 tins of oil. A thereafter
refuses to deliver the goods. ‘B’ and C together want to file a suit for damages
against ‘A’. can they do so? Advice them.
78. A wants to file a suit against B. as the court was closed due to the holiday and that
being the last day of the limitation; he could not file the suit. Mr A seeks extension
of limitation period- will he succeed?
79. Ketan is a tenant in the house of Sameer for last 30 years. Sameer is now in need
of the house for his own occupation. He has filed a petition for eviction against
Ketan. Ketan contends that he has become owner by adverse possession. Decide.
80. A suit was instituted by the plaintiff firm alleging infringement by the defendant
company for using the trade name on their product with the same combination as
that of plaintiff firm. A subsequent suit was instituted in a different court by the
defendent company stating the same allegation. Advice the plaintiff firm with the
step to be taken in accordance with law.
81. Rama filed a suit against krishna for declaration of ownership on the property
stating that he has purchases under a registered sale deed. Subsequently he
seeks to amend the plaint claiming that the property was granted to him by the
government. Can he succeed? Discuss.
82. Mr santosh seeks condonation of delay for not preferring an appeal within the
period of limitation because of engrossing in his marriage. Is it condonable?
83. Shankar was the trustee of a trust. After shankar’s death, anil wrongfully takes the
possession of the trust property. Rohan the son of shankar files a suit for
recovery of possession of the property against Anil as a legal heir and in his
individual capacity. But Rohan did not succeed. Then Rohan files another suit for
recovery of trust property against Anil in the capacity of a trustee, as he is
appointed as a trustee after the death of shankar. Can Rohan succeed in this
case?
84. A textile manufacturing company having its head office at bangalore, had branch
offices at Hubli, mysore and mangalore. A dispute cropped up between Mr babu
and prakash transport company in respect of transaction through hubli office. Mr
Babu files a suit in respect od the dispute against the company in the court of
Mangalore. Is the court of Mangalore is competent to decide the case? Give
reasons.
85. Charan wants to file a case against Rahul. As the court was closed due to the
holiday and that being a last day of the limitation. Mr. Charan seeks extension of
limitation period on the ground, will he succeed?