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.
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
Write short notes on—
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.
‘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.
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?
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.
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.
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?
What the decree-holder will do in the following circumstances-:
- Where the judgment debtor dies, before the decree is fully satisfied? [Raj J. 1977]
- Where the legal representative of judgment-debtor, who has been brought on record, dies before the decree is fully satisfied? UPCJ 1999
- Where the debtor dies before the decree?
- Where a decree is against a wrong person as legal representative?
When does an auction sale in execution of a decree become absolute? When can it be set aside?
- What is meant by ‘rateable distribution of assets’?
- What is the object and scope of Section 73 of C.P.C.?
- What are the essential pre-requisite conditions in this regard?