CPC Mains Questions Series: Important Questions for Judiciary, APO & University Exams | Part – I of X

Legal Bites brings to you CPC Mains Questions Series. The questions enlisted here are arranged section-wise and will aid the students in preparing for Judiciary, APO or University Exams. The list of questions curated by Legal Bites will help candidates identify the important and frequently asked questions and give them good practice for their aptitude and knowledge.

CPC Mains Questions Series Part – I of X

We know answer writing is a continuous exercise that is an inalienable part of the preparation process for any Examination. A well-written answer not only reflects the knowledge of an aspirant but also his/her ability to tailor the content in a manner suited to meet the expectations of the question.

Rigorous preparation for this exam is mandatory in order to crack it. In the last few months prior to the exams, it is sufficient for candidates to simply keep practising these questions in order to gain mastery over the subjects studied. Not only the candidate’s confidence level but also their scores will show good improvement upon following it.

CPC Mains Questions Series Part – I of X

Question 1

Whether C.P.C. is procedural law or substantive law? Explain.

Question 2

Define the following:

1. Decree-holder
2. Foreign Court
3. Foreign Judgment. (Bihar J 1977)
4. Judgment and Judgment Debtor
5. Legal Representative. [UP (J) 1983, 1988, Raj J 1992, HR. J.S.1984, 2000, 2011, UPHJS 1984, 2000, MPJ 1989, 2010]
6. Mesne Profits. [CG (J) 2003, Bihar 1975, 2006.2014, Haryana (j) 2011 DJS 2005, HJS 2011]
7. Movable Property and Order
8. Public Officer

Question 3

What do you mean by decree and analyse its essential elements? When a decree is called final? [B.R.J 2006, 2011, CGJ 2004, 2010, Raj J 1969, 1986] Or

What is a decree? Explain its essential elements. Distinguish between the preliminary decree and final decree. In what cases the preliminary decree is mandatory? [UPCJ 1987, Bihar 1986]

Question 4

Is the rejection of a plaint decree? Give reasons for your answer. (6) [B.J. 1977, CGJ. , 2004, UPHJS 2011]

Question 5

Is an order rejecting a plaint for non-payment of deficit court-fee, a decree? Refer to case law, if any, on the point.

Question 6

Is an order returning a plaint to be presented to the proper court a decree?

Question 7

Is an order of dismissal of suit for default a decree, Give reasons for your answer. [UPHJS. 1996, BIHAR J. 1977, WB JS. 2004]

Question 8

Is the determination of a question under Section 144 (Application for Restitution) a decree? Give reasons in support of your answer. (7) [CGJ 2003, UPHJS 2011]

Question 9

Is an order rejecting a memorandum of appeal as barred by limitation, a decree? [UPHJS 2000]

Question 10

Is the following order a decree? Give reasons: “An order imposing cost”. [B.J. 1977]

Question 11

A court returns a memo of appeal to be presented before a proper court—whether it is an order or decree. [UPHJS 1986]

Question 12

Examine whether the decree is preliminary or final in the following case: – A sues B for recovery of possession of certain land and for mesne profits and a decree is passed in A’s favour. [B. J. 1986]

Question 13

What sort of a preliminary or final decree is passed in a suit for redemption of a mortgage?

Question 14

What is the distinction between an illegal decree and a void decree? Can a void decree be challenged in collateral proceedings? [DJS. 2007]

Question 15

State power of Court to extend time for payment in a suit for redemption?

Civil Procedure Code; Notes, Case Laws And Study Material

Question 16

What kind of preliminary and final decree is passed in foreclosure suit?

Question 17

Examine whether the decree is preliminary or final in the following case—

‘X’ the mortgagee of house brings a suit against ‘Y, the mortgagor, for foreclosure of the mortgage and the decree is passed in favour of ‘X. [Bihar C.J. 1986]

Question 18

What is an order? What are the differences and similarities between an order and a decree? [Bihar (J) 1977, 1987, UPC(J) 1991, MPCJ 2009, Hr. (J) 2011]

Question 19

What do you understand by a foreign judgment? In what manner may decree of a Foreign Court be executed in India? [U.P. (J) 1985, 1991]

Question 20

“The civil court can try all suits of civil nature and jurisdiction is of four kinds.” Discuss. Or

“A civil court shall have jurisdiction to try all the suits of civil nature unless barred.” Explain the term suits of a ‘Civil nature’ in this provision.

Question 21

Explain the expression ‘Suit of a civil nature’. [Raj J. 1992, UP J. 2000, 1986, 1988, 2006, BIHAR J. 1991, 1978, 2000, 2011, WB J. 1998, 2003, MPHJS, 2007, SJH 1988, HR J 1988, MPJ 2009]

Question 22

Is a suit for expulsion from caste and for damages against such expulsion, a suit of civil nature? Refer case-law in support of your answer, if any, on this point. [U.P.C.J. 2006]

Question 23

In a case, there is a dispute between the parties inter se with regard to the right of worship in a Mandir. Whether a suit can be filed in respect of this case? Give reasons and also refer case law, if any on this point. [DELHI HJS. 2001, UPCJ 2006]

Question 24

Is a suit by ‘A’ for declaration that religious rites performed by B during the Seva Puja of the deity were not proper, suit of civil nature? [W.B.J.S. 1991]

Question 25

Is a suit for mere dignity or honour, a suit of civil nature? Give reasons in support of your answer and also refer case law, if any, on the point? [H.P.J.S. 2004]

Question 26

Is a suit for right to franchise a suit of civil nature? [U.P.C.J. 2000]

Question 27

Is a claim by Swami that he is entitled to be carried in a palanquin on ceremonial occasions a suit of civil nature? Give reasons in support of your answer and also refer relevant case law, if any, on the point. [DELHI HJS 2001]

Question 28

What is the nature of the suit in which the right to property or to an office is contested? Will it make any difference if such right depend entirely on the decision of questions as to religious rites or ceremonies? [W.B.J. 1991]

Question 29

Is a claim to the office of the Head Priest of Dwarkadheesh a suit of civil nature? Give reasons and also refer case-law, if any on the point. [DELHI HJS, 2001 U.P.C.J. 2006]

Question 30

Is a suit to take out a religious procession, a suit of civil nature? Give reasons for your answer and also refer case-law, if any, on this point. [U.P.C.J. 2000]

Question 31

'A' obtained a decree ex-parte against 'B' and in execution of the decree brought the properties of 'B' to sale and himself became the purchaser. On appeal by 'B', the appellant court set aside the decree and remanded the suit for re-hearing. Then 'B' applied for restitution. While that application was pending, 'A' then contended that as the suit had been decreed, no restitution can be granted. Is 'B' entitled to restitution? [UPJS 2023]

Question 32

Distinguish "Invalid Decree" and "Void Decree". Whether a void decree can be challenged in collateral proceedings. [RJS 2017]

Question 33

A filed a suit against B in the court of Bhubaneshwar, claiming ₹60,000 alleged to have been misappropriated by B. while he was in A's service at Bhubaneshwar. B did not appear at the hearing. An ex-parte decree was passed against him. B was a native of Bangladesh. In 1982, he left Bhubaneshwar and went to Faridkot to take up service under A. But in 1998, he left A's service and returned to Bangladesh. The present suit was filed against him in 2022; when he neither resided at Bhubaneshwar nor was he domiciled there. Explain whether the court of Bhubaneshwar has jurisdiction to enter a suit against B. [OJS 2022]

Question 34

Situation 1: A entered into an agreement jointly with B and C to sell 100 tins of oil. A, thereafter, refused to deliver the goods.

Situation 2: A agreed to sell and deliver 100 tins of oil to B at a particular rate on 1st January 2022. He also agreed to sell and deliver a quantity of oil on the same day at the same price to C

Whether B and C can join as plaintiffs in one suit against A in both situations 1 and 2? [OJS 2022]

Civil Procedure Code; Notes, Case Laws And Study Material