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

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

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 – VI of X

Question 1

Discuss the circumstances in which an appeal may be preferred after the expiry of the period of limitation.

Question 2

Whether a plea can be raised in an Appeal? [Bihar C.J. 1987]

Question 3

What do mean by cross-objection? When it may be filed? Whether cross-appeal may be treated as cross-objections?

Question 4

What is the bar created by Section 100A C.P.C.? [Jharkhand J.S. 2001]

Question 5

Does an appeal lie against an ‘ex parte decree’? Give reasons and also refer to relevant provisions. [WB J.S. 2004]

Question 6

Does a second appeal lies against an appellate decree passed ex parte? Give reasons and also relevant provision on this point. [UPCJ 2000, JK. 2016, B. J 2006, 2011, BIHAR APO 2014]

Question 7

Whether the second appeal can lie against a ‘Decision being contrary to law’? [UP C.J. 2001]

Question 8

Does a second appeal lie against an order passed in appeal? Give reasons and also refer to relevant provisions. [WB J.S. 1996, Jharkhand J.S. 2001]

Question 9

Does an appeal lie against a consent decree? Give reasons in support of your answer and also refer to relevant provisions in this regard. [WB J.S. 2004 & 1992]

Question 10

Give ten examples of cases where an appeal will lie against the orders passed by civil courts? [WB J.S. 1996]

Question 11

Under which Sections of C.P.C. are civil first appeals, civil second appeals and civil miscellaneous appeals filed? [Jharkhand J.S. 2001]

Question 12

What do you mean by reference? Point out the difference between reference and revision.

Or

Reference to High Court under Part VIII of the Code of Civil Procedure, 1908.

Question 13

What do you mean by Review? Distinguish it from Revision. [JK.J. 2001, UPCJ 2006, H.J.S. 1996]

Question 14

Assess the importance and effects of the review. Distinguish it from reference.

Question 15

Does an application for review lie in a case:

1. Where the judgment is rendered erroneous by reason of a statutory amendment with retrospective effect.
2. Where the judgment is rendered erroneous by virtue of a subsequent judgment of the Supreme Court. Cite case law; if any

Civil Procedure Code; Notes, Case Laws And Study Material

Question 16

Does an application of ‘Review’ lie in a case where the judgment is rendered erroneous by virtue of a subsequent judgment of the Supreme Court? [UPHJS 1995]

Question 17

Does an application of review lie in a case where the judgment is rendered erroneous by reason of a statutory amendment? Give reasons.

Question 18

Does an application for reviews in a case where the judgment is rendered erroneous by reason of a statutory amendment with retrospective effect? [UPHJS 1995]

Question 19

Is an order rejecting an application for review appealable? [Raj. J.S. 1998]

Question 20

Is an order granting an application for review appealable? Give reasons in support of your answer and also refer to relevant provisions.

Question 21

Is an application for review of a reviewed judgment possible? [U.P. H.J.S. 1995]

Question 22

Discuss the grounds under which revision can be filed before the High Court. State the limits of revision in the light of C.P.C. Give the difference between Revision and Appeal.

Question 23

When is a ‘case decided’ for the purposes of Section 115 of the Code of Civil Procedure, 1908? Support the answer by judicial precedents.

Question 24

Explain and illustrate the rule relating to joinder of plaintiff and defendants in a civil suit. [UPJS 2000]

Question 25

What is a representative suit? Discuss in detail with its various aspects. [UPCJ. 2018]

Question 26

1. A publishes a series of books under the title “The Oxford and Cambridge Publication” so as to induce the belief that the books are publications of the Oxford and Cambridge Universities or either of them. Both Universities join as a plaintiff in the suit of restrain A from using the title. Discuss with reasons whether both universities can jointly sue A or not.
2. ‘A’,’B’ and ‘C’ three persons were chosen by a community to present them in a suit against ‘K’ but ‘X’ ‘Y’ and ‘Z’ other members of the same community supported the defendant ‘K’. Does it affect the representative character of the suit? Give reasons for your answer.

Question 27

What do you mean by non-joinder and misjoinder of Parties? Can a suit be defeated for such a reason? [MPCJ 2011, BIHAR J 1984, HR J 2013]

Question 28

Distinguish between necessary and proper parties.

Question 29

Explain the term ‘Necessary Party’. [J.S. 1984]

Question 30

Explain the expression ‘Proper Party’. [Bihar J.S. 1984]

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Civil Procedure Code; Notes, Case Laws And Study Material