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

Legal Bites brings to you CPC Mains Questions Series Part IV. 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 IV

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 – IV of X

Question 1

Where a suit may be instituted in case of infringement of copyright?

Question 2

In which court a suit may be filed for the custody of ward by the guardian?

Question 3

Is an agreement to oust the territorial jurisdiction of court valid? [HP J.S. 2004]

Question 4

What is the place of suing when a decree is sought to be set aside on the ground of fraud? [Bihar C.J. 1980]

Question 5

When can Appellate Court entertain an objection as to territorial or pecuniary jurisdiction of the court passing a decree? [UPHJS. 1988, 1996, Raj J. 2004]

Question 6

Discuss the law relating to the transfer of suits. [JK.J. 2014] Or Describe the general power to transfer and withdrawal of cases conferred upon different Courts.

Question 7

Write short notes on—

1. Interest
2. Costs
3. Compensatory costs

Question 8

What do you mean by execution? Who can apply for the execution of a decree?

Question 9

By which court decree may be executed? What are the modes of execution of a decree?

Question 10

What questions are to be decided by a court executing a decree and not by a separate suit.

Question 11

A brings a suit against B and C for the recovery of possession of a plot of land. The suit is dismissed against C for want of causes of action, and is decreed against B. A, in execution of this decree has taken delivery of possession of land in excess of the decree. The excess belongs to C. Explain what remedy is available to C.

Question 12

‘A’ brought a suit for possession over certain property against B in the Court of Munsif, Allahabad. An objection was taken that the suit was not cognizable by the civil court. The Munsif took the view that he had jurisdiction to try suit, and decreed the suit. A executed the decree and in execution B raised an objection that the Civil Court had no jurisdiction to try the suit. Was such an objection entertainable? Give reasons for your answer.

Question 13

A court executing a decree cannot go behind the decree. Explain. Are there any exceptions to this rule?

Question 14

Under what circumstances can the decree-holder apply to have the decree transferred to another Court for execution? By what Courts decree is to be executed and when can the decree be transferred to another Court?

Question 15

What are the powers of the transferee Court in executing transferred decrees?

Civil Procedure Code; Notes, Case Laws And Study Material

Question 16

Define ‘Precept’. [DJS 2007, Raj J.S. 1992]

Question 17

Explain in brief ‘Garnishee Order’.

Question 18

Mention the circumstances when execution by detention in prison may be ordered, when the decree is for payment of money and also mention the circumstances when person detained in execution may be released.

Question 19

In execution of a decree an immovable property of the Judgment Debtor is sold. The sale is confirmed and sale certificate is also issued to the auction purchaser. The decree in execution of which the sale had taken place is subsequently set aside. What would be the fate of the auction purchaser? Will it make any difference if the auction purchaser is the decree-holder himself? Give reasons.

Question 20

State the modes of execution of the following decrees. [UPHJS 2000, B. J. 1989]

Question 21

Enumerate the various properties which are exempt from attachment in execution of decree under the Code of Civil Procedure.

Question 22

A property is sold in execution of a decree and is purchased by a bonafide stranger. The decree is subsequently set aside in appeal. An application is made thereafter by the judgment-debtor for setting aside the sale. What orders should be passed on such application?

Question 23

What the decree-holder will do in the following circumstances-:

1. Where the judgment debtor dies, before the decree is fully satisfied? [Raj J. 1977]
2. Where the legal representative of judgment-debtor, who has been brought on record, dies before the decree is fully satisfied? UPCJ 1999
3. Where the debtor dies before the decree?
4. Where a decree is against a wrong person as legal representative?

Question 24

What properties are liable to attachment and sale in execution decree? [UPCJ 2012, 2015, CGJ 2003, MPCJ 2007, 2015]

Question 25

Explain the procedure of sale of the property attached in execution of decree.

Question 26

What is meant by stay of execution? When may a Court stay execution and upon what conditions? [BIHAR J 2000, UPCJ 1997]

Question 27

When does an auction sale in execution of a decree become absolute? When can it be set aside?

Question 28

1. What is meant by ‘rateable distribution of assets’?
2. What is the object and scope of Section 73 of C.P.C.?
3. What are the essential pre-requisite conditions in this regard?

Civil Procedure Code; Notes, Case Laws And Study Material