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Civil Procedure Code: Key Legal Concepts

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0% found this document useful (0 votes)
69 views3 pages

Civil Procedure Code: Key Legal Concepts

Uploaded by

Ananya Doshi
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

1.

Decide the following situations giving very briefly issue, decision and reasoning
based on the provisions of CPC:
a. Sonu gave 150000 INR to Raghu (a public officer) as debt. It was decided that the
said amount will be returned within one year time. After the lapse of one year when
Sonu approached Raghu for money, Raghu refused to pay the debt. Sonu then
approached the court by filing a plaint. Raghu made an objection that proper
procedure as provided under Sec 79-82 and Order XXVII was not followed.
b. Barry Allen, a trustee, learnt that there is some encroachment upon the trust
property thereby the rights of the beneficiaries are violated. Suggest the legal course
of action to be taken by Barry Allen as per the provisions contained under CPC. ~~~~
MOD 4
2. A entered into a contract with the government official working in the Indian Railways
in his official capacity to construct a building. Later the officer refused to pay for the
same. Discuss the procedure for the institution of suit against the government
referring to the provisions contained in CPC. ~~~~~~ MOD 4
3. What is a Caveat? Explain the procedure to file a Caveat? Discuss its utility and
importance. ~~~~ MOD 8
4. What is commission? How the commission is appointed and for what purposes in can
it be appointed? ~~ MOD 6
5. What provisions have been made in Civil Procedure Code regarding withdrawal of
suit and compromise outside the courts? ~~~ MOD 3
6. What are the different modes of Execution of Decrees? Which mode is the best and
why? MOD 1
7. How temporary injunction can be granted in civil matters. What is its utility. MOD 6
8. What is the difference between Reference, Review and Revision in civil cases? ~~~~
MOD 7
9. Who is an indigent person? How an indigent person can file the case and what steps
will be taken by him to file an appeal? ~~~~ MOD 4.7
10. ‘All Decrees are subject to Appeal, but all orders are not appealable’. In the light of
the statement explain the procedures for the appeal against orders. ~~~ MOD 7
11. “A”, a Landlord has obtained the decree for possession of the flat given on rent to
tenant “B”. A files an execution application to execute the said decree. At the time of
execution of the said decree, “D” a stranger obstructs the execution process. Explain
the Law. MOD 1
12. Elaborate on the Review Procedures enlisted in the CPC-1908 that are available for
parties who are not satisfied with the Judgement. MOD 7
13. Explain the kind of Interim orders that can be passed by the court to protect the
interest of the plaintiff during the pendency of suits so that he can enjoy the fruits in
the event suit is decreed in his favour by the court. MOD 6
14. Decide the following situations by commenting on the issue, decision, and reasoning
based on the provisions of CPC:
a. A obtains a decree against B restraining him by an injunction from obstructing A’s
right of passage over B’s land in enjoyment of his (A’s) property. A then sells such a
property to C. B obstructs C, who moves a motion of contempt of court against B.
b. A, a judgment debtor, files an objection under Section 47 CPC on account of a third
party as trustee on the ground that the property is a waqf (Trust). The objection is
opposed by the decree holder as being legally untenable. ~~ MOD 1
15. Discuss the power of the courts to appoint the commissions provided under the Code
of Civil Procedure, 1908. ~~ MOD 6
16. Write a detailed note on the suits by or against the partnership firm provided under the
CPC. ~~ (also short note) MOD 4
17. Discuss the suits by or against the executors, administrators, and trustees in light of
the provisions provided under the Code of Civil Procedure, 1908. (also short note)
MOD 4
18. Decide the following situations giving very briefly issue, decision and reasoning
based on the provisions of CPC: Lucifer’s house was attached and then sold in
execution of a decree obtained by Michael against him. Lucifer after sale but before
confirmation of sales by court U/R-92 sells the same house to Amenadil. Amenadil on
coming to know about prior court’s sale pesters Lucifer for return of money. Lucifer
however assures Amenadil to deliver the house to him and moves an application for
setting aside court’s sale U/O 21, r-90 CPC. Is such application maintainable? ~~~
MOD 1
19. Write a detailed note on the suits by or against the Government as provided under
CPC. ~~ MOD 4
20. Decide the following cases giving very briefly issue, decision and reasoning:
a. A raised certain loan by mortgaging certain company’s share certificates to B. On
default of payment B obtained a decree against him and got the shares sold in
execution of the decree. In the meanwhile, share process shot-up. A then sought to set
aside the sale by moving an application U/O21, r-89 CPC by depositing the five
percent (for auction purchaser) and sale proclamation amount (for decree holder). The
auction purchase objects to it.
b. A judgment debtor having already filed an application for setting aside of a sale
U/O 21, r-89 CPC discovers that there was a collusion between a decree holder and
auction purchaser resulting in under bidding of the sale. He then moves another
application under rule 90 which is opposed by decree holder on the ground that the
second application is not maintainable unless the first one is withdrawn. MOD 1
21. What is the effect of fraud and acknowledgement on limitation? MOD 9

WRITE SHORT NOTES ON THE FOLLOWING

a. Public Officer Section 2 (17)


b. Interpleader suit. ~~
c. Legal disability under the Limitation Act, 1963
d. Appeal from Orders
e. Summary Suits
f. Parties to the suit by or against the minor
g. Injunction
h. Compromise of suit
i. Condonation of Delay
j. Guardian
k. Execution of Decree
l. Receiver
m. Government Officer
n. Security from the plaintiff

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