Legal Bites brings to you CPC Mains Questions Series Part V. 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 V
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 – V of X
Question 1
(1). Whether the government has any priority in execution under section 73 of CPC? (2) Whether failure to claim rateable distribution will be detrimental to separate execution by a decree-holder? (3) Whether it is necessary that assets of judgment-debtor should have been realised by the court in execution?
Question 2
Discuss “Notice” u/s 80 of the Civil Procedure Code. [B. J. 2011, UPCJ 2018, J.K. J 2001]
Question 3
(1) What steps would you take for filing suit against a public officer or the Government and with what object? (2) How should you execute a decree against a public officer of the Government? (3) Is a public officer exempted from arrest and personal appearance?
Question 4
What should a public officer do on receiving a summons of a suit complaining of an act purporting to have been done by him in his official capacity and how should a Government pleader appear for a public officer? [UPCJ 1997, HJS 2002]
Question 5
How is a suit by Aliens and foreign States instituted?
Question 6
How suits against Foreign Rulers, Ambassadors and Envoys, Commissioners of Commonwealth countries and their staff may be instituted?
Question 7
How suits by or against Military or Naval man or Airman may be instituted?
Question 8
What are the provisions of C.P.C. that apply to suits by or against the corporation?
Question 9 How suits by or against firms and persons carrying on business in names other than their own may be instituted?
Question 10
Describe the procedure for bringing a suit relating to public nuisance and public trust. [UPCJ 1987, B. J. 1980]
Question 11
Explain Arrest before Judgment and Attachment before Judgment.
Question 12
What is a temporary injunction? When and in what matters temporary injunction can be granted? Mention also the C.P.C. (Amendment) Act, 1999. [B. J. 2011, UPCJ 2015] Or When a Court grants temporary injunction under C.P.C.? Is there a limit within which the Court must dispose of the application or injunction? Explain.
Question 13
In a land acquisition matter, the Reference Court enhanced land value from Rs. 1 lac to Rs. 17 lacs vide Award dated 12.11.1991. State filed an appeal without noticing that the sole respondent in the Award had died before filing the said appeal. On 22.05.1993 an application was filed quoting Order 1, Rule 10 C.P.C. for joining names of legal representatives of the deceased respondent alleging that Govt. came to now of death of the sole respondent only when notice of appeal was returned unserved stating that he was no more.
The application is contested by the proposed L.Rs. on the ground that Order XXII, Rule 4 is the relevant provision to be invoked and the application for impleadment of L. Rs. Should have been filed within 90 days after death as per Art. 120 of the Limitation Act and one officer of Govt. knew about the factum of death and, therefore, the appeal abates.
Contention of Govt. is that Order 1, Rule 10 is relevant and there is no specified period of limitation for making such an application and if at all any application is necessary, the same could be filed within 3 years under Act. 137 of The Limitation Act and in this case, the application was filed much ahead of that time. Deal with the points raised by the parties and decide the matter. [D.J.S. 2000]
Question 14
A institutes a suit against B for a permanent injunction restraining B from demolishing the boundary wall separating the open areas in front of adjoining houses of A and B. Vide interim order in the said suit B is so restrained.
While B is travelling abroad her husband C demolishes the said wall in violation of order of interim injunction. A files an application under Order 39 Rule 2A CPC against C. Whether C is liable under Order 39, Rule 2A of the CPC.
Question 15
What are the points of consideration in the matter of granting a temporary injunction and permanent injunction when it should be granted? [U.P.H.J.S., 1995, BIHAR J 2000, Raj. J. 1994, WBJ 1999]
Civil Procedure Code; Notes, Case Laws And Study Material
Question 16
Can injunction be granted for securing ends of justice where the case does not strictly come within the purview of Order 39 of the Code of Civil Procedure? Give reasons. [UPHJS. 1982, Raj J, 1977]
Question 17
What is the remedy against an order refusing to grant the injunction? [U.P. H.J.S. 1995]
Question 18
Can an injunction be issued without giving notice of the application to the opposite party? [Raj. J.S. 1994, UK H.J.S. 2005]
Question 19
What do you mean by Receiver? What is the consequence of the appointment of the Receiver? Can a Civil Court appoint Collector as Receiver?
Question 20
When does the Court appoint a receiver of any property? Discuss the powers and duties of the receiver.
Question 21
Can an interim order be issued? If so, when? Discuss.
Question 22
What do you understand by “interlocutory Order”? [Raj. J.S. 1999]
Question 23
Discuss the concept of the first appeal under the provisions of C.P.C.
Question 24
‘Unless a right of appeal is clearly given, by statue, it does not exist’. Comment. Can an appellate court reverse a decree on the ground of misjoinder of parties?
Question 25
Discuss the provisions and grounds on which a second appeal lies in the light of C.P.C. (Amendment) Act, 2002.
Question 26
What are the powers of the appellate Court? [BIHAR J 2011]
Question 27
What is ‘additional evidence? Can it be permitted to be produced in an appellate court? If yes, under what circumstances?
Question 28
What are the appealable orders? Discuss. [BIHAR APO 2014]
Question 29
“An appeal shall lie in the Supreme Court from any judgment, decree or final order in a civil proceeding of a High Court where the case involves a substantial question of law of general importance.” Discuss.
Question 30
Examine the provisions of the Civil Procedure Code relating to Appeal in short.
Civil Procedure Code; Notes, Case Laws And Study Material
