Code of Civil Procedure

---PRELIMINARY SS. 1 - 8

UPHJS2018-III Edit

43. In which of the following cases, did the Supreme Court uphold the validity of the Code of Civil Procedure Amendment Act of 1999 and 2002?
A. Delhi H.C. Bar Association Versus UOI
B. Allahabad H.C. Bar Association Vs. UOI
C. Salem Advocate Bar Association Vs. UOI
D. Punjab and Haryana High Court Bar Association Vs. UOI

Answer

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UPHJS2018-II Edit

8. In which of the following cases, did the Supreme Court uphold the validity of the Code of Civil Procedure Amendment Acts of 1999 and 2002 ?

(a) Delhi H.C. Bar Association v. UOI
(b) Allahabad H.C. Bar Association v. UOI
(c) Salem Advocate Bar Association v. UOI
(d) P & H H.C. Bar Association v. UOI

Answer

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UPHJS2018-I Edit

23. In which of the following cases, did the Supreme Court uphold the validity of the Code of Civil Procedure Amendment Acts of 1999 and 2002 :
(a) Delhi H.C. Bar Association v. UOI
(b) Allahabad H.C. Bar Association v. UOI
(c) Salem Advocate Bar Association v. UOl
(d) P&H H.C. Bar Association v. UOI

Answer

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UPHJS2018-I Edit

76. The Code of Civil Procedure, 1908 extends to the :
(a) whole of India
(b) whole of India, except the State of Jammu and Kashmir
(c) whole of India, except the Scheduled Areas and State of Jammu and Kashmir
(d) whole of India, except the State of Jammu and Kashmir and Tribal Areas

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UPHJS2016 Edit

71. Rejection of plaint is a :
(a) decree
(b) order
(c) both (a) and (b)
(d) neither (a) nor (b)

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UPHJS2016 Edit

9. Which of the following is not an essential element of a decree :
(a) A formal expression of adjudication
(b) Conclusive determination of the rights of the parties
(c) An adjudication from which an appeal lies as an appeal from an order.
(d) The adjudication must have been given in a suit

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UPHJS2014 Edit

65. Judge is defined as the presiding officer of a civil court under __________________ of the code of civil procedure, 1908
(A) Section 2 (8)
(B) Section 2 (4)
(C) Section 2 (5)
(D) Section 2 (2)

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UPHJS2012 Edit

50. Who amongst the following is not a ‘public officer’ within the meaning of section 2(17) of CPC?
(A) A Judge
(B) A person in service under the pay of Government
(C) Sarpanch of a Gram Panchayat
(D) None of the above.

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---PART I SUITS IN GENERAL SS. 9 - 35B

UPHJS2018-I Edit

77. A preliminary decree :
(a) Determines the rights of the parties with regard to some or one of the matters in controversy in the suit but does not completely dispose of the suit.
(b) Is a stage in working out the rights of the parties which are to be finally adjudicated by a final decree
(c) Both (a) and (b)
(d) Neither (a) nor (b)

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UPHJS2016 Edit

88. In every plaint facts shall be proved by :
(a) verification
(b) affidavit
(c) on oath
(d) all of above

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UPHJS2016 Edit

5. Petitions of the Supreme Court under Article 32 of Constitution are subject to the rule of Res Judicata except:
(a) Quo Warranto
(b) Habeas Corpus
(c) Certiorari
(d) Prohibition

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UPHJS2014 Edit

64. Which of the following is/are decree/s?
(A) Order of abatement of a suit
(B) Dismissal of appeal as time barred.
(C) Dismissal of suit for want of evidence.
(D) All of the above

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UPHJS2014 Edit

77. If two suits between same parties involve same subject matter and same question then…………………..suit/s should be stayed.
(A) Former
(B) Subsequent
(C) Both
(D) None of the above

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UPHJS2009 Edit

30. Which of the following is a leading case on the exclusion of the jurisdiction of civil courts?
(A) Dhulabhai V. State of M.P.
(B) Gundaji V. Ramchandra
(C) Noor Mohd. Khan V. Fakirappa
(D) All of the above

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UPHJS2014 Edit


6. (i) Under the provisions of Civil Procedure Code plea of adverse possession is a defence available 
(a) only to plaintiff against defendant
(b) only to defendant against plaintiff
(c) both plaintiff and defendant
(d) only to movable property

(ii) The reappreciation of evidence in second appeal 
(a) is subject to review
(b) is permissible
(c) is not permissible
(d) is an admitted fact.


(iii) Sweeping change introduced by Civil Procedure Code (Amendment) Act, 2002 is with the object to 
(a) give more power to Civil Courts
(b) reduce the power of Civil Courts
(c) cut short delay in disposal of suit
(d) make provisions stringent.


(iv) Preliminary decree can be passed in a suit
(a) for partition
(b) of partnership 
(c) for possession and mesne profits
(d) all the above.


(v) Preliminary decree is
(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)


(vi) A decree becomes final 1
(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)


(vii) 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)


(viii) 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) ofC.P.C. (b) Section 2 (14) of CP.C.
(c) Section 2 (9) of CP.C. (d) Section 2 (16) of CP.C.


(ix) 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 (13) of CP.C. (b) Section 2 (3) of CP.C.
(c) Section 2 (4) of CP.C. (d) Section 2 (16) of CP.C.


(x) A decree holder
(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).

(xi) Foreign court under Section 2 (5) of means 1
(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

(xii) Judgment under Section 2 (9) means 1
(a) a decree (b) dismissal of an appeal summarily
(c) statement of grounds of an order or decree
(d) all the above

(xiii) Legal representative under Section 2 (11) of C.P.C. means a person who is 
(a) Relative of parties to the suit
(b) co-sharer of the benefits assuming to parties to the suit
(c) who is law represents the estate of the deceased
(d) all the above

(xiv) ‘A’ thes leaving behind a son ‘X’ and a married daughter ‘Y' a suit filed by ‘A’, after his death, 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

(xv) A judgment contains
(a) concise statement of the case
(b) the points for determination
(c) the decision on the points of determinations and the reason thereof
(d) all the above.


(xvi) Who amongst the following is not a legal representative
(a) a trespasser (b) an intermeddler
(c) a creditor (d) both (a) and (c)


(xvii) ‘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 the 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.


(xviii) 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 a foreign court
(c) both (a) and (b)
(d) neither (a) nor (b)


(xix) Who amongst the following is not a ‘public officer’ within the meaning of Section 2 (17) of CP.C. 1
(a) a Judge
(b) a person in service under the pay of Government
(c) Sarpanch of a Gram Panchayat
(d) none of the above

(xx) Basis of distribution of the jurisdiction of Indian Courts is 
(a) pecuniary jurisdiction (b) territorial jurisdiction
(c) subject-matter jurisdiction (d) all the above

 

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UPHJS2014 Edit

  1. Discuss the problems regarding the exclusion of jurisdiction of civil court under Section 9 of C.P.C. with reference to the decision of the Supreme Court in the case of Dhulabhai v. State of Madhya Pradesh, AIR 1969 SC 78. 10

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------Jurisdiction of the Courts and Res Judicata Ss. 9 -14

UPHJS2014 Edit

66. Principle of res judicata applies to……………
(A) Suits only
(B) Execution proceedings only
(C) Arbitration proceedings only
(D) Suits as well as execution proceedings

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UPHJS2018-II Edit

14. Explain the law relating to stay of suit and consolidation of suit with reference to the provisions of the Code of Civil Procedure. [10]

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UPHJS2016 Edit

1. (a) Explain the law relating to stay of suit and consolidation of suits with reference to provisions of the Code of Civil Procedure. 10

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UPHJS2012 Edit


10. (b) ‘A’ files a suit against ‘B’ in respect of a house on the ground of a will in his favour by original owner, ‘M’. A previous suit against the same defendant filed by ‘A’ on the ground of ‘A’ being an heir of ‘M’ had already failed. How would you decide the present suit? Give reasons for your answer. 10





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------Place of Suing Ss. 15-25

UPHJS2018-III Edit

34. Where two or more Courts have the jurisdiction, the jurisdiction of a Civil Court under Section 20, C.P.C.:
A. Can be excluded by a clear agreement between the parties
B. Cannot be excluded under any circumstances
C. Can be excluded by a Court’s order
D. None of the above


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UPHJS2018-III Edit

42. Which of the following is correct statement insofar as Section 20 of the Code of Civil Procedure, 1908 is concerned?
A. The suit has to be instituted in the Court of the lowest grade competent to try it
B. The suit has to be instituted in the Court within the local limits of whose jurisdiction the defendant actually and voluntarily resides or carries on business or personally works or gain
C. The suit has to be instituted in the Court within the local limits of whose jurisdiction, the cause of action wholly or in part arises
D. All the above are correct

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UPHJS2018-III Edit

46. ‘A’ is a furniture producer at Saharanpur. ‘B’ carries on business at Varanasi. ‘B’ through his agent at Saharanpur, buys hundred chairs from ‘A’ and requires to deliver them to ‘C’ at Saharanpur. ‘B’ fails to pay the price of the chairs purchased:
A. ‘A’ may file suit only at Saharanpur
B. ‘A’ may file suit only at Varanasi
C. ‘A’ may file suit either in Saharanpur or at Varanasi
D. ‘A’ may file civil suit at Lucknow being capital of the Uttar Pradesh

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UPHJS2018-II Edit

7. Which of the following is correct statement in so far as section 20 of the Code of Civil Procedure, 1908, is concerned?

(a) the suit has to be instituted in the Court of the lowest grade competent to try it

(b) The suit has to be instituted in the Court within the local limits of whose jurisdiction the defendant actually and voluntarily resides or carries on business
or personally works for gain

(c) The suit has to be instituted in the Court within the local limits of whose jurisdiction, the cause of action wholly or in part arises

(d) All the above are correct

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UPHJS2018-II Edit

17. A is a furniture producer at Saharanpur. B carrries on business at Varanasi. B through his agent at Saharanpur, buys hundred chairs from A and requires A to deliver them to C at Saharanpur. B fails to pay the price of the chairs purchased.

(a) A may file suit only at Saharanpur
(b) A may file suit only at Varanasi
(c) A may file suit either in Saharanpur or at Varanasi
(d) A may file a civil suit at Lucknow being capital "of the Uttar Pradesh

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UPHJS2016 Edit

97. Where two or more courts have the jurisdiction, the jurisdiction of a civil court under Section 20 CPC :
(a) Can be excluded by a clear agreement between the parties.
(b) Cannot be excluded under any circumstance.
(c) Can be excluded by a Court"s order.
(d) None of the above.

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UPHJS2012 Edit

34. Parties by their consent/ agreement-
(A) can confer jurisdiction on a court where there is none in law
(B) can oust the jurisdiction of a court when there is one in law
(C) can oust the jurisdiction of one of the courts when there are two courts having simultaneous jurisdiction in law
(D) All the above.

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UPHJS2012 Edit

54. A suit for compensation for wrong done to the person or to moveable property, where the wrong was done within the local jurisdiction of one court and the defendant resides within the local limits 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 jurisdiction the defendant resides
(C) Either (A) or (B) at the option of the plaintiff
(D) can be instituted anywhere in India.

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UPHJS2018-II Edit

10 (c) General power of High Court and District Court for transfer and withdrawal of any suit appeal or other proceedings. [7.5]

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UPHJS2018-II Edit

10 (d) Place of institution of suit where local limits of jurisdiction of courts are uncertain. [7.5]

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UPHJS2012 Edit


8. (b) ‘A’ residing in Delhi, publishes a defamatory statement about ‘B’ in Kolkata. ‘B’ is resident of Patna. Determine the forum for institution of suit in this case giving relevant provisions of CPC. 10


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------Institution of Suits S. 26

------Summons and Discovery Ss. 27-32

------Judgment and Decree S. 33

UPHJS2009 Edit


8. (a) Explain the relevant provision for recording the satisfaction of a decree as mentioned in the C.P.C. 10

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------Interest S. 34

------Costs Ss. 35 - 35 B

UPHJS2018-III Edit

13. In a suit, a plaintiff seeks a money decree for breach of contract and damages. The Court holds that the plaintiff is entitled to money decree but the claim for damages is frivolous and vexatious. The Court decides to impose cost on plaintiff for claiming frivolous and vexatious damages. Draw an order in this regard by imagining relevant fact at your own. [15]

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---PART II EXECUTION ss. 36-74

UPHJS2018-III Edit

36. Private alienation of property by the judgement-debtor after attachment under Section 64(1) of C.P.C. is:
A. Valid
B. Voidable
C. Void
D. Irregular

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UPHJS2016 Edit

13. Private alienation of property by the judgment-debtor after attachment under Section 64(1) of CPC is :
(a) Valid
(b) Voidable
(c) Void
(d) Irregular

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UPHJS2012 Edit

51. A Garnishee order is an order-
(A) prohibiting the judgment debtor’s debtor from making any payment to the judgment debtor
(B) directing the decree holder to take the payment from the judgment debtor’s debtor
(C) Both (A) and (B)
(D) None of the above.

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UPHJS2009 Edit


8. (b) A decree for recovery of arrears of rent, ejectment etc. is passed against a tenant. When the said decree is put in execution, the judgment debtor comes out with the case that after the passing of the decree, a fresh tenancy was created by the landlord by executing a lease deed and as such he is not liable for eviction. The landlord decree holder denies the execution of any such lease deed. Discuss the tenability of the respective pleas. 10

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------General Ss. 36 - 37

------Courts by which Decrees may be executed Ss. 38-46

------Questions to be determined by Court Executing Decree S. 47

------Limit of Time for Execution S. 48


------Procedure in Execution Ss. 51-54

------Arrest and Detention Ss. 55-59

------Attachment Ss. 60 - 64

------Sale Ss. 65-67

------Delegation to Collector of Power to execute Decrees against Immovable Property Ss. 68-72

------Distribution of Assets S. 73

------Resistance to Execution S. 74

---PART III INCIDENTAL PROCEEDINGS ss. 75-78

------Commissions Ss. 75-78

---PART IV SUITS IN PARTICULAR CASES ss.79-88

------Suits by or against the Government or Public Officers in their Official Capacity Ss. 79-82

------Suits by Aliens and by or against Foreign Rulers, Ambassadors and Envoys Ss. 83-87-A

------Suits against Rulers of former Indian States S. 87-B

------Interpleader S. 88

---PART V SPECIAL PROCEEDINGS ss. 89-93

UPHJS2018-II Edit

72. The Supreme Court of India has laid down the law relating to Alternative Dispute Resolution process and section 89 of the Code of Civil Procedure in the case of :
(a) Dinesh Kumar v: Yusuf Ali
(b) Afcon Infrastracture Ltd. v. Cherian Varkey Construction Co.
(c) Bimlesh v. New India Assurance Co.
(d) Standard Chartered Bank v. V Noble Kumar

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UPHJS2018-II Edit

  1. Write a detailed note relating to special proceedings for settlement of dispute outside the court. Also provide the details related to rules, if any, made by the Allahabad High Court in relation to alternate redressal of dispute in the state of Uttar Pradesh. [20]

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------Arbitration S. 89

UPHJS2018-III Edit

50. The Supreme Court of India has laid down the law relating to Alternative Dispute Resolution process and Section 89 of the Code of Civil Procedure in the case of:
A. Dinesh Kumar Versus Yusuf Ali
B. Afcon Infrastructure Ltd. Versus Cherian Varkey Construction Co.
C. Bimlesh Versus New India Assurance Co.
D. Standard Chartered Band Versus V. Noble Kumar

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------Special Case S. 90

------Public nuisances and other wrongful acts affecting the public Ss. 91-93

---PART VI SUPPLEMENTAL PROCEEDINGS ss.94-95

---PART VII APPEALS ss. 96-112

UPHJS2009SPL Edit


9. (a) Explain the ambit and scope of First Appeal and Second Appeal, as provided in the Code of Civil Procedure and the difference, if any, in between the above two, by referring the relevant statutory provisions. 10
An appellate Court while deciding an appeal can grant a decree/relief, in favour of non-appellant, and if so, when ?


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------Appeals from Original Decrees S. 96 - 99-A

------Appeals from Appellate Decrees Ss. 100 - 103

------Appeals from Orders Ss. 104- 106

------General Provisions relating to Appeals Ss. 107-108

------Appeals to Supreme Court Ss. 109-112

---PART VIII  REFERENCE, REVIEW AND REVISION ss.113-115

UPHJS2012 Edit


10. (a) Does an application of review lie in a case where the judgment is rendered erroneous by reason of statutory amendments ? Explain by giving reasons. 10

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---PART IX SPECIAL PROVISIONS RELATING TO THE HIGH COURTS NOT BEING THE COURT OF A JUDICIAL COMMISSIONER ss.116-120

---PART X RULES ss. 121-131

---PART XI MISCELLANEOUS ss.132-158

UPHJS2009SPL Edit

10. (a) Explain the doctrine of restitution as contained in Code of Civil Procedure. Is it applicable to proceedings other than suit ? 10

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---ORDER I: PARTIES TO SUITS Rule 1 - 13

UPHJS2016 Edit

7. Mis-joinder of parties and causes of action in a suit is called :
(a) Multifariousness in a suit
(b) Double mis-joinder
(c) Both (a) and (b)
(d) Only (b)

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---ORDER II: FRAME OF SUIT Rule 1-7  

UPHJS2018-III Edit

47. ‘A’ lets a premises to ‘B’ at a yearly rent of Rs. 50,000/-. The rent for whole of the years 2014, 2015, 2016 and 2017 is due and unpaid. ‘A’ sues ‘B’ in 2018 only for the rent due for 2014 and 2015:
A. ‘A’ by separate suit afterwards may sue ‘B’ for the rent due for 2016 and 2017
B. ‘A’ by separate suit cannot afterwards sue ‘B’ for the rent due for 2016 and 2017
C. ‘A’ by having leave from the Court sue ‘B’ afterwards for the rent due for 2016 and 2017
D. ‘A’ by consent of ‘B’ may sue ‘B’ afterwards for the rent due for 2016 and 2017

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UPHJS2018-II Edit

18. A lets a premises to B at a yearly rent of Rs. 50,000/-. The rent for whole of the years 2014, 2015, 2016 and 2017 is due and unpaid. A sues B in 2018 only for the rent due for 2014 and 2015.

(a) A by separate suit afterwards may sue B for the rent due for 2016 and 2017
(b) A by separate suit cannot afterwards sue B for the rent due for 2016 and 2017
(c) A by having leave from the Court sue B afterwards for the rent due for 2016 and 2017
(d) A by consent of B may sue B afterwards for the rent due for 2016 and 2017

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UPHJS2018-I Edit

78. Ram was dispossessed from his house by Shyam for a year. Ram files a suit for possession against Shyam but did not included claim for damages in it. For claiming damages Ram :
(a) Could file a new suit
(b) Could not file a new suit
(c) Could file a new suit with the permission of the court
(d) None of the above.

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UPHJS2016 Edit

89. All matters in dispute between the parties relating to the same transaction should be disposed of in the same suit. This is laid down in :
(a) Order II Rule 1
(b) Order II Rule 2
(c) Order II Rule 3
(d) Order II Rule 4

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UPHJS2009 Edit


10. (b) The plaintiffs filed a suit to recover possession of land belonging to them from defendants who were annual tenants. The Court declined to give a decree for possession on the ground that proper notice to quit had not been given and ordered the defendants to pay damages for use and occupation of the land for three years prior to the suit. The plaintiffs brought a fresh suit to recover possession of the lands with mesne profits from the defendants. What are the defences open to the defendants? 10




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---ORDER III: RECOGNISED AGENTS AND PLEADERS Rule 1-6

---ORDER IV: INSTITUTION OF SUITS Rule 1-2

---ORDER V: ISSUE AND SERVICE OF SUMMONS Rule 1-30

------Issue of Summons R. 1-8

------Service of Summons R. 9 - 30

UPHJS2018-III Edit

21. Dasti summons for service on the defendant can be given to the plaintiff under:
A. Order V Rule 9A, CPC
B. Order V Rule 9, CPC
C. Order IV Rule 7, CPC
D. Order IV Rule 6, CPC

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UPHJS2014 Edit

12. Dasti summons for service on the defendant can be given to the plaintiff under-
(A) Order V Rule 9A C.P.C.
(B) Order V Rule 9 C.P.C.
(C) Order IV Rule 7 C.P.C.
(D) Order VI Rule 6 C.P.C.

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---ORDER VI: PLEADINGS GENERALLY R. 1 -18

UPHJS2009 Edit

28. Whether the following proposition is legally correct or not?
“The principle so far as it relates to the amendment of plaint is equally applicable to the amendment of written statement. By way of amendment in plaint a time barred plea cannot be allowed to be raised so also in the case of written statement.”
(A) Correct
(B) Incorrect
(C) Partially correct
(D) None of the above is applicable

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UPHJS2009SPL Edit


8. (a) In a suit for prohibitory injunction the defendant filed written statement contending that he had purchased the disputed property from the father of plaintiff two years prior to institution of the suit 10
After a period of .6 years from the date of the institution of the suit and after the conclusion of the evidence of defendant, while the case was posted for hearing of argument, an amendment application was moved by the plaintiff stating that his father had not executed the sale deed in favour of the defendant and the alleged sale deed had been executed by some fake person and as such was not valid and binding. He prayed for the relief of cancellation of the sale deed.
The defendant objected on the ground that the limitation for 1 cancellation of the sale deed had already expired. The plaintiff had the knowledge of the sale deed within the prescribed period of 1 limitation, through his written statement, therefore the proposed j amendment is barred by time and the rights of the defendant have U already matured over the disputed property.
Pass an order deciding the amendment application and objection on merits.


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---ORDER VII: PLAINT R. 1-18
Edit

Order VII PLAINT

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 ascertained;

(d) where the plaintiff or the 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;

(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. In money suits. - Where the plaintiff seeks the recovery of money, the plaint shall state the precise amount claimed:

But where the plaintiff sue for mesne profits, or for an amount which will be found due to him on taking unsettled accounts between him and the defendant, [or for movables in the possession of the defendant, or for debts of which the value he cannot, after the exercise of reasonable diligence, estimate, the plaint shall state approximately the amount or value sued for].

3. Where the subject-matter of the suit is immovable property. - 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. When 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 has 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 show that the defendant is or claims to be interested in 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 stated. - Every plaint shall state specifically the relief which the plaintiff claims either simply or in the 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 district 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 V, it will direct the plaintiff to present as many copies of the plaint on plain paper as there are defendants within seven days from the date of such order alongwith requisite fee for service of summons on the defendants.

10. Return of plaint.- (1) Subject to the provisions of rule 10A, the plaint shall] at any state of the suit be returned to be presented to the Court in which the suit should have been instituted.

Explanation.\-For the removal of doubts, it is hereby declared that a Court of appeal or revision may direct, after setting aside the decree passed in a suit, the return of the plaint under this sub-rule.

(2) Procedure on returning plaint.-On returning a plaint, the Judge shall endorse thereon the date of its presentation and return, the name of the party presenting it, and a brief statement of the reasons for returning it.

10A. Power of Court to fix a date of appearance in the Court where plaint is to be filed after its return. -(1) Where, in any suit, after the defendant has appeared, the Court is of opinion that the plaint should be returned, it shall, before doing, so, intimate its decision to the plaintiff.

(2) Where an intimation is given to the plaintiff under sub-rule (1), the plaintiff may make an application to the Court-(a) specifying the Court in which he proposes to present the plaint after its return,(b) praying that the Court may fix a date for the appearance of the parties in the said Court, and(c) requesting that the notice of the date so fixed may be given to him and to the defendant.

(3) Where an application is made by the plaintiff under sub-rule (2), the Court shall, before returning the plaint and notwithstanding that the order for return of plaint was made by it on the ground that it has no jurisdiction to try the suit,-(a) fix a date for the appearance of the parties in the Court in which the plaint is proposed to be presented, and(b) give to the plaintiff and to the defendant notice of such date for appearance.

(4) Where the notice of the date for appearance is given under sub-rule (3),-(a) it shall not be necessary for the Court in which the plaint is presented after its return, to serve the defendant with a summons for appearance in the suit, unless that Court, for reasons to be recorded otherwise directs, and(b) the said notice shall be deemed to be a summons for the appearance of the defendant in the Court in which the plaint is presented on the date so fixed by the Court by which the plaint was returned.

(5) Where the application made by the plaintiff under sub-rule (2) is allowed by the Court, the plaintiff shall not be entitled to appeal against the order returning the plaint.

10B. Power of appellate Court to transfer suit to the proper Court. - (1) 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, if the plaintiff by an application so desires, while returning the plaint, direct plaintiff to file the plaint, subject to the provisions of the Limitation Act, 1963 (36 of 1963), in the Court in which the suit should have been instituted,(whether such Court is within or without the State in which the Court hearing the appeal is situated), and fit a date for the appearance of the parties in the Court in which the plaint is directed to be filed and when the date is so fixed it shall not be necessary for the Court in which the plaint is filed to serve the defendant with the summons for appearance in the suit, unless that Court in which the plaint is filed, for reasons to be recorded, otherwise directs.

(2) The direction made by the Court under sub-rule (1), shall be without any prejudice to the rights of the parties to question the jurisdiction of the Court, in which the plaint is filed, to try the suit.]

11. Rejection of plaint. - The plaint shall be rejected in the following cases:-

(a) where it does not disclose a cause of action;

(b) where the relief claimed is undervalued, and the plaintiff, on being required by the Court to correct the valuation within a time to be fixed by the Court, fails to do so;

(c) where the relief claimed is properly valued, but the plaint is returned 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;

(d) where the suit appears from the statement in the plaint to be barred by any law :

[(e)where it is not filed in duplicate;]

[(f) where the plaintiff fails to comply with the provisions of rule 9:]

Provided that the time fixed by the Court for the correction of the valuation or supplying of the requisite stamp-paper shall not be extended unless the Court, for reasons to be recorded, is satisfied that the plaintiff was prevented by any cause of an exceptional nature form correcting the valuation or supplying the requisite stamp-paper , as the case may be, within the time fixed by the Court and that refusal to extend such time would cause grave injustice to the plaintiff.

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 the plaint on any of the grounds herein before mentioned shall not of its own force preclude the plaintiff from presenting a fresh plaint in respect of the same cause of action.

Documents Relied On In Plaint R. 14-18

14. Production of document on which plaintiff sues. - (1) Where a plaintiff sues upon a document in his possession or power, he shall produce it in Court when the plaint is presented, and shall at the same time deliver the document or a copy thereof to be filed with the plaint.

(2) Where any such document is not in the possession or power of the plaintiff, he shall, where possible, state in whose possession or power it is.

[(3) A document which ought to be produced in Court by the plaintiff when the plaint is presented, or to be entered in the list to 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) Nothing in this rule shall apply to document produced for the cross-examination of the plaintiff's witnesses, or, handed over to a witness merely to refresh his memory.]

15. Statement in case of documents not in plaintiff's possession or power. -[Omitted by the Code of Civil Procedure (Amendment) Act, 1999 (46 of 1999), section 17 (w.e.f. 1.7.2002).]

16. Suits 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 shop-book. - (1) Save in so far as is otherwise provided by the Bankers' Books Evidence Act, 1891 (18 of 1891), where the document on which the plaintiff sues is an entry in 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 (22 of 2002), section 8 (w.e.f. 1.7.2002).]

R.19-25 [Allahabad]

deals with address

UPHJS2009 Edit

29. In which of the following case, the plaint will be ordered to be returned for presentation to the proper court:
(A) The plaintiff frames his suit in a manner not warranted by the facts and goes for his relief to a court which cannot grant him
(B) The plaintiff chooses a wrong court in respect of territorial limits
(C) The plaintiff chooses a wrong court in respect of pecuniary limits
(D) Both (B) and (C)

Answer

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UPHJS2018-III Edit

10. A has preferred a civil suit before the Court of Civil Judge, challenging an order dismissing him from service as a consequence to disciplinary action. An application is preferred by the employer B as per provisions of order VII Rule 11 Code of Civil Procedure, 1908 for rejection of plaint on the count that the same is barred by law. In the light of above, draw:

(a) An application as per provisions of the order VII rule 11 Code of Civil Procedure, 1908 on behalf of B. [10]
(b) An order accepting the application aforesaid. [10]


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UPHJS2018-II Edit

  1. A has preferred a civil suit before the Court of Civil Judge, challenging an order dismissing him from service as a consequence to disciplinary action. An application is preferred by the employer B as per provisions of order VII Rule 11 Code of Civil Procedure, 1908 for rejection of plaint on the count that the same is barred by law. In the light of above, draw:

    (a) An application as per provisions of the order VII rule 11 Code of Civil Procedure, 1908 on behalf of B. [5]
    (b) An order accepting the application aforesaid. [5]

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UPHJS2014 Edit


12. Frame an application under Order VII, Rule 11 of the Civil Procedure Code on possible grounds for rejection of a plaint. 10


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UPHJS2012 Edit


9. (b) A plaint is rejected by the Court on the ground that it does not disclose any cause of action. Can the plaintiff present a fresh plaint on the same cause of action ? Give reasons and also refer relevant provisions. 10


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------Documents relied on in plaint R. 14-18

---ORDER VIII: Written statement, set-off and counter-claim R. 1-10

UPHJS2016 Edit

16. In a written statement, a defendant can claim :
(a) Set-off
(b) Counter-claim
(c) Both set-off and counter-claim
(d) Either (a) or (b)

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UPHJS2014 Edit

16 . (b) Write short notes on any four of the following : 5

(iv) Setoff

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UPHJS2009 Edit


10. (a) What is counter claim? Explain the difference between “counter claim” and “set of’. Can a counter claim be filed—
(i) When the right to file written Statement has been closed? 5
(ii) after the close of evidence? 5


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UPHJS2007 Edit


9. Explain what is a counter-claim with reference to Civil Procedure Code? Whether it can be filed at any stage of suit or appeal also Can it be directed against a co-defendant? 15


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UPHJS2007 Edit


10. What is the time limit for filing a written statement by a defendant? Whether the time provided under Order VIII, Rule 1 of Civil Procedure Code can be extended by Court? Explain with reference to relevant cases law? 15


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---ORDER IX:APPEARANCE OF PARTIES AND CONSEQUENCE OF NON-APPEARANCE R. 1-14

UPHJS2018-I Edit

12. In the Code of Civil Procedure, an ex parte decree can be set aside:
(a) Under Order IX Rule 5
(b) Under Order IX Rule 10
(c) Under Order IX Rule 13
(d) Under order IX Rule 11

Answer

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UPHJS2012 Edit

49. Remedies available against an ex-parte decree include-
(A) appeal
(B) review
(C) application for setting aside the decree
(D) All the above.

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UPHJS2018-II Edit

15 The suit for specific performance of contract filed by ‘A’ decreed (ex-parte against ‘B’.) On getting information of the ex-parte decree, ‘B’ moved an application for setting aside the ex-parte decree. Subsequently, pending application under Order IX, Rule 13 of the Code of Civil Procedure, he also challenged the ex-parte decree by filing an appeal against the ex-parte decree, with an application for condonation of delay under Section 5 of Indian Limitation Act, claiming that the time of alleged execution of agreement for sale, he was minor and as the agreement for sale is null and void so also the decree for specific performance of contract. The application under Order IX, Rule 13 of the Code of Civil Procedure was dismissed by the trial court, in view of explanation inserted by Act No. 104 of 1976 w.e.f. 1-2-1977 on account of filing of appeal. Subsequently, the appeal filed by ‘B’ was dismissed as barred by time.

Whether the trial court was right in dismissing the application under Order IX, Rule 13 of the Code of Civil Procedure on the ground of filing of appeal? Answer with reasons. [10]

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UPHJS2016 Edit


1. (b) ‘A’ claiming that ‘B’ had agreed to sell his agricultural land in his favour for Rs. 5,00,000/- through registered agreement for sale dated 3-2-2014, filed civil suit for specific performance of contract. ‘B’ filed written statement denying the execution of agreement for sale and claimed that it has been obtained by fraud. Then ‘B’ filed civil suit for cancellation of agreement for sale in respect of his agricultural land on which annual land revenue of Rs. 130.50 was payable. The suit filed by ‘B’ was decreed ex-parte. ‘A’ on getting knowledge of the decree for cancellation of agreement for sale, moved an application under Order IX, Rule 13 of the Code of Civil Procedure for setting aside the ex-parte decree and also moved an application before the Civil Judge, Senior Division for staying further proceedings of civil suit for specific performance of contract filed by him till disposal of his application under Order IX, Rule 13 of the Code of Civil Procedure.

Whether the further proceedings of civil suit for specific performance of contract, which is a previously instituted suit can be stayed, till disposal of application under Order IX, Rule 13 of the Code of Civil Procedure relating to subsequently filed suit? Answer with reasons. 15


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UPHJS2016 Edit


1. (c). The suit for specific performance of contract filed by ‘A’ decreed (ex-parte against ‘B’.) On getting information of the ex-parte decree, ‘B’ moved an application for setting aside the ex-parte decree. Subsequently, pending application under Order IX, Rule 13 of the Code of Civil Procedure, he also challenged the ex-parte decree by filing an appeal against the ex-parte decree, with an application for condonation of delay under Section 5 of Indian Limitation Act, claiming that the time of alleged execution of agreement for sale, he was minor and as the agreement for sale is null and void so also the decree for specific performance of contract. The application under Order IX, Rule 13 of the Code of Civil Procedure was dismissed by the trial court, in view of explanation inserted by Act No. 104 of 1976 w.e.f. 1-2-1977 on account of filing of appeal. Subsequently, the appeal filed by ‘B’ was dismissed as barred by time.

Whether the trial court was right in dismissing the application under Order IX, Rule 13 of the Code of Civil Procedure on the ground of filing of appeal? Answer with reasons. 10

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------Setting aside decrees ex parte R. 13-14

---ORDER X: EXAMINATION OF PARTIES BY THE COURT R.1-4

---ORDER XI: DISCOVERY AND INSPECTION R.1-23

---ORDER XII: ADMISSIONS R. 1-9

---ORDER XIII: PRODUCTION, IMPOUNDING AND RETURN OF DOCUMENTS R. 1-11

UPHJS2012 Edit


8. (a) When a document is impounded by a Court, what are the further
steps to be taken in this matter ? 10

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---ORDER XIV: Settlement of issues and determination of suit on issues of law or on issues agreed upon R. 1-7

UPHJS2014 Edit


4. A suit for specific performance is filed which is slightly beyond the period of limitation as prescribed, and relates to an agricultural holding the title thereof is disputed. Frame the possible and relevant issues under the provisions of the Civil Procedure Code. 10


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---ORDER XV:DISPOSAL OF THE SUIT AT THE FIRST HEARING R. 1-4

---ORDER XVI:SUMMONING AND ATTENDANCE OF WITNESSES R.1-21

UPHJS2009SPL Edit


9. (b) In a suit by ‘A’ against ‘B’ several issues are framed, onus of some of which is on ‘B’ the defendant. ‘A’ after examining his witnesses closes his evidence. Thereafter, ‘B’ leads evidence. After the conclusion of the evidence of ‘B’. ‘A’ applies for leading evidence in rebuttal and which is objected to by ‘B’. Whether ‘A’ should be allowed to lead rebuttal evidence ? 10


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---ORDER XVIA: ATTENDANCE OF WITNESSES CONFINED OR DETAINED IN PRISONS R.1-7

---ORDER XVII: ADJOURNMENTS R.1-3

---ORDER XVIII: Hearing of the suit and examination of witnesses R.1-19

UPHJS2018-II Edit

96. The Commissioner appointed under the provisions of Order XVIII of the Code of Civil Procedure for the purposes of recording of evidence cannot :
(a) re-examine a witness
(b) decide objections raised during the recording of evidence
(c) None of the above
(d) Both (a) and (b)

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---ORDER XIX: AFFIDAVITS R.1-3

---ORDER XX: Judgment and decree R.1-20

---ORDER XXA: COSTS R.1-2

---ORDER XXI: Execution of Decrees and Orders R. 1-106

UPHJS2018-I Edit

97. A decree for restitution of conjugal rights may be enforced :
(a) by attachment of property
(b) by injunction
(c) by detention in civil prison
(d) none of above

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UPHJS2016 Edit

77. A decree for restitution of conjugal rights may be enforced :
(a) by attachment of property
(b) by injunction
(c) by detention in civil prison
(d) none of above

Answer

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UPHJS2012 Edit

52. Preliminary decree can be passed in a suit-
(A) for partition
(B) of partnership
(C) for possession and mesne profits
(D) All the above.

Answer

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UPHJS2009 Edit

26. In execution of a decree a movable property is auction sold by the executing court. The auction purchaser deposits the entire auction price then and there even before expiry of 30 days and takes the delivery of the auctioned property. An objection complaining that the auction was conducted with material irregularity is filed within 30 days from the date of auction. State which one of the following is legally correct?
(A) Objection is maintainable as it has been filed within 30 days of the auction
(B) Auction sale is vitiated as the auction property has been delivered without waiting for its confirmation within 30 days of auction
(C) No confirmation of sale is required in the present case
(D) None of the above is correct

Answer

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UPHJS2018-III Edit

12. Discuss the provision relating to the property liable to attachment and sale in execution of decree. [15]

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UPHJS2018-II Edit

10 (b) Execution of decree before ascertainment of costs. [5]

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UPHJS2014 Edit


13. Explain with the help of the provisions of the Civil Procedure Code as to how a decree can be executed and whether a preliminary decree can be executed or not; also explain, if the execution is disobeyed, then what powers are available with the court to enforce execution? 10


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UPHJS2009SPL Edit


8. (b) How will the following decrees be executed ? 10
(i) A decree for specific performance of immovable property.
(ii) A decree for restitution of conjugal rights.
(iii) A decree for injunction.
(iv) A cross-decree for the payment of two sums.


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------Payment under decree R. 1-2

------Courts executing decrees R. 3-9

------Application for Execution R. 10-23

------Process for execution R. 24-25

------Stay of execution R. 26-29

------Mode of execution R. 30 -36

------Arrest and detention in civil prisons R. 37-40

------Attachment of Property R.41-57

CG HJS 2018 Edit

  1. (B) Describe the rules which prescribe the mode of attachment of decree in an execution proceeding. [5 Marks]

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------Adjudication of claims and objections R. 58-63

------Sale generally R. 64-73

------Sale of movable property R. 74-81

------Sale of immovable property R. 82-96

------Resistance to delivery of possession to decree-holder or purchaser R. 97-106

---ORDER XXII: DEATH, MARRIAGE AND INSOLVENCY OR PARTIES R. 1-12

UPHJS2012 Edit

35. A pleader has a duty to inform the court about the death of parties under-
(A) Order 22 Rule 1 C.P.C.
(B) Order 22 Rule 4 C.RC.
(C) Order 22 Rule 8 C.P.C.
(D) Order 22 Rule 10A C.P.C.

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UPHJS2009 Edit

27. In a miscellaneous appeal arising out of a pending suit defendant appealant dies and an application for substitution is filed and allowed. Appeal is decided three years thereafter. Subsequently, when the suit is taken up, an objection that the suit has abated as no application to substitute the heirs of the deceased was filed therein within the prescribed period, is raised from the side of the defendant. Suggest the stand legally open to such plaintiff?
(A) Plaintiff may apply for substitution with an application for condonation of delay
(B) Information of death of defendant was not given to the trial court, therefore, shelter of Order 22 Rule 10 CPC may be invoked
(C) Record of the trial court was in appeal and thus, the plaintiff was prevented by sufficient cause in not filing the substitution application earlier
(D) The substitution allowed in miscellaneous appeal would ensure in the suit also and application for substitution is not required as the heirs are on the record

Answer

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---ORDER XXIII: WITHDRAWAL AND ADJUSTMENT OF SUITS R. 1-4

UPHJS2018-I Edit

82. 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, without
liberty of the 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.

Answer

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UPHJS2014 Edit

27. Parties to the suit can compromise in a suit
(A) Under order XXIII, Rule 3A of CPC
(B) Under order XXIII, Rule 3 of CPC
(C) Under order XXIII, Rule 1 of CPC
(D) Under order XXIII, Rule 4 of CPC

Answer

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---ORDER XXIV: PAYMENT INTO COURT R. 1-4

---ORDER XXV: SECURITY FOR COSTS R. 1-2

---ORDER XXVI: COMMISSIONS R. 1-22

UPHJS2012 Edit

53. Order XXVI, Rule 4A C.P.C., empowers the court to issue commission in a suit for examination of a person-
(A) resident within the local limits of its jurisdiction ‘
(B) resident beyond the local limits of its jurisdiction
(C) who is about to leave the local limits of its jurisdiction
(D) Both (A) and (B).

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UPHJS2018-II Edit

10 (a) Power of Court to issue commissions [5]

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------Commissions to examine witnesses R. 1-8

------Commissions for local investigations R. 9-10

------Commissions for scientific investigation performance of ministerial act and sale of movable property R. 10-A to 10-C

------Commissions to examine accounts R. 11-12

------Commissions to make partitions R. 13-14

------General Provisions R. 15-18-B

------Commissions issued at the instance of foreign Tribunals R. 19-22

---ORDER XXVII:SUITS BY OR AGAINST THE GOVERNMENT OR PUBLIC OFFICERS IN THEIR OFFICIAL CAPACITY R. 1-8-B

---ORDER XXVII-A:SUITS INVOLVING A SUBSTANTIAL QUESTION OE LAW AS TO THE INTERPRETATION OF THE CONSTITUTION OR AS TO THE VALIDITY OF ANY STATUTORY INSTRUMENT R. 1-4

---ORDER XXVIII:SUITS BY OR AGAINST MILITARY OR NAVAL MEN OR AIRMEN R. 1-3

---ORDER XXIX:SUITS BY OR AGAINST CORPORATIONS

---ORDER XXX:SUITS BY OR AGAINST FIRMS AND PERSONS CARRYING ON BUSINESS IN NAMES OTHER THAN THEIR OWN

---ORDER XXXI:SUITS BY OR AGAINST TRUSTEES, EXECUTORS AND ADMINISTRATORS

---ORDER XXXII:SUITS BY OR AGAINST MINORS AND PERSONS OF UNSOUND MIND R. 1- 16

UPHJS2018-III Edit

51. Under order XXXII Rule 9 of the Code of Civil Procedure, 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 his interest becomes adverse to that of the minor
C. Where he does not do his duty
D. For any of the above reasons

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UPHJS2018-II Edit

73. Under Order XXXII Rule 9 of the Code of Civil Procedure, 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 his interest becomes adverse to that of the minor
(c) where he does not do his duty
(d) for any of the above reasons

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---ORDER XXXII-A:SUITS RELATING TO MATTERS CONCERNING THE FAMILY R. 1-6

---ORDER XXXIII: SUITS BY INDIGENT PERSONS R. 1-18

---ORDER XXXIV:SUITS RELATING TO MORTGAGES OF IMMOVABLE PROPERTY R. 1-15

---ORDER XXXV:INTERPLEADER R.1-5

---ORDER XXXVI:SPECIAL CASE

---ORDER XXXVII:SUMMARY PROCEDURE R. 1-7

UPHJS2018-III Edit

37. A decree passed in a suit under Order XXXVII of C.P.C. without applying for leave defend may be set aside under:
A. Order IX, Rule 13 of C.P.C.
B. Order XXXVII, Rule 4 of C.P.C.
C. Order XXXVII, Rule 7 of C.P.C.
D. Either A or B or C

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UPHJS2018-I Edit

83. A decree passed in a suit under Order 37 of CPC without applying for
leave to defend may be set aside under :
(a) Order 9 Rule 13 of CPC
(b) Older 37 Rule 4 of CPC
(c) Order 37 Rule 7 of CPC
(d) Either (a) or (b) or (c)

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UPHJS2018-III Edit

11. X has given a sum of Rs 50000/- to Y as loan through a cheque after executing a sale deed dated 01.01.2018 in that regard. As per the conditions of the deed, the loan amount was to be returned by Y to X in one installment in the month of January 2019. Y fail to repay the same amount in the month of January 2019. X desires to institute a summary suit for recovery of money advanced to Y.
Draw a plaint on behalf of X to institute a suit as per provisions of the order XXVII of the Civil Procedure Code, 1908. [15]

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CG HJS 2018 Edit

  1. (A) Describe the Courts and classes of Suits to which provisions of summary procedure apply. How a summary suit is instituted and what is the procedure for the appearance of defendant? 5 Marks

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---ORDER XXXVIII:ARREST AND ATTACHMENT BEFORE JUDGMENT R. 1-13

------Arrest before judgment R. 1-4

------Attachment before judgment R. 5-13

---ORDER XXXIX:TEMPORARY INJUNCTIONS AND INTERLOCUTORY ORDERS R.1-10

UPHJS2018-I Edit

81. Under Order 39 Rule 4 of CPC an order for injunction may be discharged, varied or set aside by the court :
(a) On the application of the plaintiff
(b) On the application of the defendant
(c) On the application of any party
(d) Court on its own motion

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------Temporary injunctions R. 1-5

------Interlocutory orders R. 6-10

---ORDER XL: APPOINTMENT OF RECEIVERS R. 1-5

UPHJS2014 Edit


11. In a suit pertaining to dispute of a title over immovable property, the court can proceed to appoint a Receiver to take care of the property pendente lite. What are the relevant provisions under the C.P.C. and the contingencies in which such an order can be passed. Explain with the help of case law. 10


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---ORDER XLI: APPEALS FROM ORIGINAL DECREES R. 1-37

UPHJS 2020 Edit

7. Preliminary decree passed under the Code of Civil Procedure-

(A) Can be challenge in appeal without waiting for the final decree.
(B) Can only be challenged in appeal.
(C) Cannot be challenged in appeal.
(D) Cannot be challenge in a revision under Section 115 CPC

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UPHJS2014 Edit


18. When can a court of appeal deny additional evidence under Order XLI, Rule 27, C.P.C.? Explain with reference to case law on the subject. 10




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------Stay of proceedings and of execution R. 5-8

------Procedure on admission of appeal R. 9-15

------Procedure on Hearing R. 16-29

------Judgment in appeal R. 30-34

------Decree in appeal R. 35-37

---ORDER XLII: APPEALS FROM APPELLATE DECREES R. 1-3

---ORDER XLIII: APPEALS FROM ORDERS R. 1-2
Edit

1. Appeal from orders.- An appeal shall lie from the following orders under the provisions of section 104, namely:— (a) an order under rule 10 of Order VII returning a plaint to be presented to the proper court except where the procedure specified in rule 10A of Order VII has been followed;

(b) Omitted by Act 104 of 1976, w.e.f. 1-2-1977

( c) an order under rule 9 of Order IX rejecting an application (in a case open to appeal) for an order to set aside the dismissal of a Suit;

(d) an order under rule 13 of Order IX rejecting an application (in a case open to appeal) for an Order to set aside a decree passed e parte;

(e) [ *]

(f) an order under rule 21 of Order XI;

(g) [ *]

(h) [ *]

(i) an order under rule 34 of order XXI on an objection to the draft of a document or of an endorsement;

(j) an order under rule 72 or rule 92 of Order XXI setting aside or refusing to set aside a sale;

(ja) an order rejecting an application made under sub-rule (1) of rule 106 of order XXI, provided that an order on the original application, that is to say, the application referred to in sub-rule (1) of rule 105 of that order is appealable;

(k) an order under rule 9 of Order XXII refusing to set aside the abatement or dismissal of a suit;

(I) an order under rule 10 of Order XXII giving or refusing to give leave;

(m) [ *]

(n) an order under rule 2 of Order XXV rejecting an application (in a case open to appeal) for an order to set aside the dismissal of a suit;

(na) an order under rule 5 or rule 7 or Order XXXIII rejecting an application for permission to sue as an indigent person;

(o) [ *]

(p) order in interpleader suits under rule 3, rule 4 or rule 6 of Order XXXV;

(q) an order under Rule 2, Rule 3 or Rule 6 of Order XXXVIII;

(r) an order under Rule 1, Rule 2, Rule 2A Rule 4 or Rule 10 of Order XXXIX;

(s) an order under Rule 1 or Rule 4 of Order XL;

(t) 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;

(u) an order under Rule 23 or Rule 23A or Order XLI remanding a case, where an appeal would lie from the decree of the Appellate Court;

(v) Omitted by Act 104 of 1976, w.e.f. 1-2-1977

(w) an order under Rule 4 of Order XLVII granting an application for review.

UPHJS2018-I Edit

11. Under the Code of Civil Procedure, an appeal shall lie from which of the following orders ?
(a) an order under Order XLI Rule 23
(b) an order under Order XLI Rule 25
(c) an order under Order XLI Rule 17
(d) none of the above

Answer

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---ORDER XLIV: APPEALS BY INDIGENT PERSONS R. 1-3

---ORDER XLV: APPEALS TO THE SUPREME COURT R. 1-17

---ORDER XLVI: REFERENCE R.1-7

---ORDER XLVII: REVIEW R. 1-9

---ORDER XLVIII: MISCELLANEOUS  

---ORDER XLIX: CHARTERED HIGHCOURTS  

---ORDER L: PROVINCIAL SMALLCAUSE COURTS  

---ORDER LI: PRESIDENCY SMALL CAUSE COURTS

---MISC

UPHJS2018-I Edit

80. Which of the following remedies is not available to set aside ex parte decree :
QUESTION CANCELLED
(a) Appeal under Section 96 (2)
(b) Review under Section 114 and Order 47
(c) Application under Order 9, Rule 13
(d) All of the above
PLEASE CHOOSE A

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UPHJS2009 Edit


9. Write a short note on the followings :— 20
(a) Section 89 of Civil Procedure Code.
(b)The case of Dhulabhai v. State of M.P. and others, A.I.R. 1969 SC 78.
(c) Res-subjudice.
(d) Inter pleader suit.


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UPHJS2007 Edit


11. What are the salient features of amendments made in the Civil Procedure Code by Amendment Act 46 of 1999 and Amendment Act 22 of 2002 in the following provisions:— 15
(a) Section 115,
(b) Order VI, Rule 17 and
(c) Order XII, Rule 2.

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On this Page

PRELIMINARY SS. 1 - 8
PART I SUITS IN GENERAL SS. 9 - 35B
--- Jurisdiction of the Courts and Res Judicata Ss. 9 -14
--- Place of Suing Ss. 15-25
--- Institution of Suits S. 26
--- Summons and Discovery Ss. 27-32
--- Judgment and Decree S. 33
--- Interest S. 34
--- Costs Ss. 35 - 35 B
PART II EXECUTION ss. 36-74
--- General Ss. 36 - 37
--- Courts by which Decrees may be executed Ss. 38-46
--- Questions to be determined by Court Executing Decree S. 47
--- Limit of Time for Execution S. 48
--- Transferees and Legal Representatives Ss. 49 - 50
--- Procedure in Execution Ss. 51-54
--- Arrest and Detention Ss. 55-59
--- Attachment Ss. 60 - 64
--- Sale Ss. 65-67
--- Delegation to Collector of Power to execute Decrees against Immovable Property Ss. 68-72
--- Distribution of Assets S. 73
--- Resistance to Execution S. 74
PART III INCIDENTAL PROCEEDINGS ss. 75-78
--- Commissions Ss. 75-78
PART IV SUITS IN PARTICULAR CASES ss.79-88
--- Suits by or against the Government or Public Officers in their Official Capacity Ss. 79-82
--- Suits by Aliens and by or against Foreign Rulers, Ambassadors and Envoys Ss. 83-87-A
--- Suits against Rulers of former Indian States S. 87-B
--- Interpleader S. 88
PART V SPECIAL PROCEEDINGS ss. 89-93
--- Arbitration S. 89
--- Special Case S. 90
--- Public nuisances and other wrongful acts affecting the public Ss. 91-93
PART VI SUPPLEMENTAL PROCEEDINGS ss.94-95
PART VII APPEALS ss. 96-112
--- Appeals from Original Decrees S. 96 - 99-A
--- Appeals from Appellate Decrees Ss. 100 - 103
--- Appeals from Orders Ss. 104- 106
--- General Provisions relating to Appeals Ss. 107-108
--- Appeals to Supreme Court Ss. 109-112
PART VIII  REFERENCE, REVIEW AND REVISION ss.113-115
PART IX SPECIAL PROVISIONS RELATING TO THE HIGH COURTS NOT BEING THE COURT OF A JUDICIAL COMMISSIONER ss.116-120
PART X RULES ss. 121-131
PART XI MISCELLANEOUS ss.132-158
ORDER I: PARTIES TO SUITS Rule 1 - 13
ORDER II: FRAME OF SUIT Rule 1-7  
ORDER III: RECOGNISED AGENTS AND PLEADERS Rule 1-6
ORDER IV: INSTITUTION OF SUITS Rule 1-2
ORDER V: ISSUE AND SERVICE OF SUMMONS Rule 1-30
--- Issue of Summons R. 1-8
--- Service of Summons R. 9 - 30
ORDER VI: PLEADINGS GENERALLY R. 1 -18
ORDER VII: PLAINT R. 1-18
--- Documents relied on in plaint R. 14-18
ORDER VIII: Written statement, set-off and counter-claim R. 1-10
ORDER IX:APPEARANCE OF PARTIES AND CONSEQUENCE OF NON-APPEARANCE R. 1-14
--- Setting aside decrees ex parte R. 13-14
ORDER X: EXAMINATION OF PARTIES BY THE COURT R.1-4
ORDER XI: DISCOVERY AND INSPECTION R.1-23
ORDER XII: ADMISSIONS R. 1-9
ORDER XIII: PRODUCTION, IMPOUNDING AND RETURN OF DOCUMENTS R. 1-11
ORDER XIV: Settlement of issues and determination of suit on issues of law or on issues agreed upon R. 1-7
ORDER XV:DISPOSAL OF THE SUIT AT THE FIRST HEARING R. 1-4
ORDER XVI:SUMMONING AND ATTENDANCE OF WITNESSES R.1-21
ORDER XVIA: ATTENDANCE OF WITNESSES CONFINED OR DETAINED IN PRISONS R.1-7
ORDER XVII: ADJOURNMENTS R.1-3
ORDER XVIII: Hearing of the suit and examination of witnesses R.1-19
ORDER XIX: AFFIDAVITS R.1-3
ORDER XX: Judgment and decree R.1-20
ORDER XXA: COSTS R.1-2
ORDER XXI: Execution of Decrees and Orders R. 1-106
--- Payment under decree R. 1-2
--- Courts executing decrees R. 3-9
--- Application for Execution R. 10-23
--- Process for execution R. 24-25
--- Stay of execution R. 26-29
--- Mode of execution R. 30 -36
--- Arrest and detention in civil prisons R. 37-40
--- Attachment of Property R.41-57
--- Adjudication of claims and objections R. 58-63
--- Sale generally R. 64-73
--- Sale of movable property R. 74-81
--- Sale of immovable property R. 82-96
--- Resistance to delivery of possession to decree-holder or purchaser R. 97-106
ORDER XXII: DEATH, MARRIAGE AND INSOLVENCY OR PARTIES R. 1-12
ORDER XXIII: WITHDRAWAL AND ADJUSTMENT OF SUITS R. 1-4
ORDER XXIV: PAYMENT INTO COURT R. 1-4
ORDER XXV: SECURITY FOR COSTS R. 1-2
ORDER XXVI: COMMISSIONS R. 1-22
--- Commissions to examine witnesses R. 1-8
--- Commissions for local investigations R. 9-10
--- Commissions for scientific investigation performance of ministerial act and sale of movable property R. 10-A to 10-C
--- Commissions to examine accounts R. 11-12
--- Commissions to make partitions R. 13-14
--- General Provisions R. 15-18-B
--- Commissions issued at the instance of foreign Tribunals R. 19-22
ORDER XXVII:SUITS BY OR AGAINST THE GOVERNMENT OR PUBLIC OFFICERS IN THEIR OFFICIAL CAPACITY R. 1-8-B
ORDER XXVII-A:SUITS INVOLVING A SUBSTANTIAL QUESTION OE LAW AS TO THE INTERPRETATION OF THE CONSTITUTION OR AS TO THE VALIDITY OF ANY STATUTORY INSTRUMENT R. 1-4
ORDER XXVIII:SUITS BY OR AGAINST MILITARY OR NAVAL MEN OR AIRMEN R. 1-3
ORDER XXIX:SUITS BY OR AGAINST CORPORATIONS
ORDER XXX:SUITS BY OR AGAINST FIRMS AND PERSONS CARRYING ON BUSINESS IN NAMES OTHER THAN THEIR OWN
ORDER XXXI:SUITS BY OR AGAINST TRUSTEES, EXECUTORS AND ADMINISTRATORS
ORDER XXXII:SUITS BY OR AGAINST MINORS AND PERSONS OF UNSOUND MIND R. 1- 16
ORDER XXXII-A:SUITS RELATING TO MATTERS CONCERNING THE FAMILY R. 1-6
ORDER XXXIII: SUITS BY INDIGENT PERSONS R. 1-18
ORDER XXXIV:SUITS RELATING TO MORTGAGES OF IMMOVABLE PROPERTY R. 1-15
ORDER XXXV:INTERPLEADER R.1-5
ORDER XXXVI:SPECIAL CASE
ORDER XXXVII:SUMMARY PROCEDURE R. 1-7
ORDER XXXVIII:ARREST AND ATTACHMENT BEFORE JUDGMENT R. 1-13
--- Arrest before judgment R. 1-4
--- Attachment before judgment R. 5-13
ORDER XXXIX:TEMPORARY INJUNCTIONS AND INTERLOCUTORY ORDERS R.1-10
--- Temporary injunctions R. 1-5
--- Interlocutory orders R. 6-10
ORDER XL: APPOINTMENT OF RECEIVERS R. 1-5
ORDER XLI: APPEALS FROM ORIGINAL DECREES R. 1-37
--- Stay of proceedings and of execution R. 5-8
--- Procedure on admission of appeal R. 9-15
--- Procedure on Hearing R. 16-29
--- Judgment in appeal R. 30-34
--- Decree in appeal R. 35-37
ORDER XLII: APPEALS FROM APPELLATE DECREES R. 1-3
ORDER XLIII: APPEALS FROM ORDERS R. 1-2
ORDER XLIV: APPEALS BY INDIGENT PERSONS R. 1-3
ORDER XLV: APPEALS TO THE SUPREME COURT R. 1-17
ORDER XLVI: REFERENCE R.1-7
ORDER XLVII: REVIEW R. 1-9
ORDER XLVIII: MISCELLANEOUS  
ORDER XLIX: CHARTERED HIGHCOURTS  
ORDER L: PROVINCIAL SMALLCAUSE COURTS  
ORDER LI: PRESIDENCY SMALL CAUSE COURTS
MISC