CPC Mains Questions Series: Important Questions for Judiciary, APO & University Exams | Part – III of X
Legal Bites brings to you CPC Mains Questions Series.
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 – III 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 – III of X
‘A’ is an inspector in police service. He is dismissed from service by the D.I.G police for in disciplinary activities. ‘A’ files a writ in the High Court on the basis that no reasonable opportunity was given to him for hearing and dismissal action was mala fide. This petition was dismissed. After this, he instituted a suit challenging his dismissal under Article 311 (2) of the Constitution on the ground that he could be dismissed only by the I.G. police who was his appointing authority. Will he be successful in his suit? [UP C.J. 2006]
A had instituted against B two suits asserting title to a certain property. B contested these claims and also instituted two other suits to establish his title in the same property as against A. A’s suits were decreed and B’s suits were dismissed. B filed four appeals, two appeals against the decision given in A’s suits and two appeals against the dismissal of his two suits.
It was found that all the four appeals were taken on the file of the High Court but the two appeals filed by B against the decision in the suit instituted by him were dismissed by the High Court on the ground that one was filed beyond time and the other for non-prosecution. At the final hearing, the High Court took the view that the dismissal of B’s two appeals operated as res-judicata in the two appeals filed by B against the decision in A’s suit on the question of title to the property. Is the view taken by the High Court correct?
The first issue is decided in the negative but as to the other issue, the court decides that A is the owner by adverse possession. In a subsequent suit between A and B, A again takes the plea that he, that is, A is the heir of D. Is the plea barred by res-judicata? Give reasons for your answer.
A brought a suit for certain properties in possession of B on the allegation that he was the nearest heir of C, the last owner of the properties in suit. B contested the suit on the grounds that he was an adopted son of C. A’s suit was decreed and it was held by the court hearing the suit that B had failed to prove adoption set up by him. Subsequent to this decision, B instituted a suit against A alleging that even it there was no adoption he was the nearest heir to C and as such he was entitled to the properties left by C. Is the subsequent suit by B maintainable? Give reasons for your answer.
- A files a suit for declaration that he is entitled to certain land as heir to ’13’. The suit is dismissed. Can he claim in later suit title to the same properties on the basis of adverse possession?
- A Munsif decided in a maintenance suit that the husband has abandoned his wife and, therefore, the latter is entitled to maintenance. Does the subsequent petition filed by the husband for judicial separation under Section 10 of the Hindu Marriage Act, 1955 operate as res judicata? Give reasons for your answer.
- A suit for partition of immovable property, a house situated at Kanpur and jointly owned by X and Y, X, the plaintiff resides at Lucknow, while Y, the defendant, carries on business at Allahabad.
- A suit for compensation for the wrong done to an immovable property situate partly within the jurisdiction of one court and partly within that of another court.
- A suit for compensation for the wrong done to the person or movable property if the wrong was done within the limits of the jurisdiction of one court and the defendant resides within the jurisdiction of another court.
- A suit for restitution of conjugal rights where the wife never lived with her husband.
A transport company has its head office at Chandigarh and branch offices at Chennai, Jaipur and Mumbai A dispute cropped up between Sam and the Company in respect of a transaction made through the Chennai office. Sam files a suit in respect of this dispute against the company in a court at Jaipur. How the court will decide?
- A resides at Simla, B at Calcutta and C at Delhi. A, B and C being together at Benaras, B and C executed a joint promissory note payable on demand and delivered it to A. At what place can A sue B and C? Under what circumstances would leave of the court be necessary?
- X resides at Deoria, Y at Faridpur, and Z at Khulna. Y and Z jointly borrow Rs. 2,500 from X at Mymen Singh. Discuss whether X can bring his suit against Y and Z at Deoria, Faridpur, Khulna, or Mymen Singh.
A, who actually and voluntarily resides within the district of Burdwan enters into a contract with B for sale of some land situated in the district of Howrah. A having refused to convey the land in accordance with the contract. B brings a suit in Burdwan Court for specific performance of the contract. Discuss, with reference to the provisions of the Code of Civil Procedure, whether the Burdwan court has jurisdiction to entertain the suit.
‘A’ wants to file a suit for compensation for the wrong committed with respect to immovable property situated in Chennai. In which court ‘A may file a suit? Give reasons for your answer and also refer to the relevant provision made on the point.
‘X’ wants to bring a partition suit in respect of two houses one situated at Patna and the other situated at Muzaffarpur. In which place or places the suit may be instituted? Give reasons for your answer and also refer to relevant provisions on this point. [H.R.J.S. 1995]
‘X’ brings a suit in Patna in respect of two houses. One situated in Patna and the other situated in Muzaffarpur. Subsequently, the claim regarding the Patna house is withdrawn by ‘X’. Can the Patna court now adjudicate in respect of X’s claim regarding the house of Muzaffarpur? [Bihar C.J. 1986]
‘A’ residing in Delhi, publishes a defamatory statement about ‘B’ in Kolkata ‘B’ is resident of Patna. Determine the forum for the institution of the suit, in this case, giving relevant provisions of the Code of Civil Procedure. [UPHJS 1987, B.J. 1991, 1978, HR J. 1995-1, HP J. 2004, WB, J. 1993 J.K. J. 2008, UPHJS 2001, Raj J. 1986]
‘A’ residing in Delhi, beats 'B’ in Kolkata. Where the suit may be instituted for compensation by ‘B’ in this case? Give reasons in support of your answer and also mention relevant provision. [H.P.J.S. 2004]
In which court suit be filed in the case for compensation for the wrong done to movable property at place ‘A, where the plaintiff resides place ‘B’ and the defendant resides at place ‘C’. [Raj. J.S. 1974]
‘A’ is a tradesman in Calcutta ‘B’ carries on business in Delhi. ‘B’ by his agent in Calcutta buys goods from ‘A’ and requests 'A’ to deliver them to the Eastern Railway in Calcutta. ‘A’ delivers goods accordingly in Calcutta. At which place ‘A’ may sue ‘B’ for the price of goods? [B.C.J. 1991, UP C.J. 1997, WB J.S.1992, Raj. J.S. 1986]
Determine the forum for the institution of the suit in the case where ‘A’ who resides in Patna sells a plot of land situated in Ranchi to 'B who resides at Gaya for Rs. 50,000. 73 has paid half the price to ‘A’. ‘A’ now wishes to file a suit for recovery of the remainder of the amount from the ‘B’. [Bihar C.J. 1986]
Where the suit can be in the case where ‘A’ resides at Simla, ‘B’ at Kolkata and ‘C’ at Delhi, ‘A’, ‘B’ and ‘C’ being together at Varanasi. ‘B’ and ‘C’ make a joint promissory note payable on demand and deliver it to ‘A’. A breach is made. [WBJ 1993, BJS 1978, JKJ 2009, DJS 2006, HPJ 2000]
'A' advances loan of ₹ 60,000 to 'B'. To bring the suit within the jurisdiction of court, ‘A’ sues 'B' for ₹ 50,000 only instead of ₹ 60,000 and obtains a decree. Later on ‘A' files a second suit for the balance of ₹ 10,000 in the same court. 'B' raises an objection. Decide. [UPJS 2023]