Legal Bites brings to you CPC Mains Questions Series Part IX. The questions enlisted here are arranged section-wise and will aid the students preparing for Judiciary, APO or University Exams. The list question curated by Legal Bites will help candidates identify the important and frequently asked questions and give them a good practise for their aptitude and knowledge.
CPC Mains Questions Series Part IX
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 – IX of X
How is a suit by or against a minor instituted? What is the effect of a suit in which minor has sued or has been made without observing the prescribed rules of procedure?
- When is an agreement or compromise on behalf of a minor plaintiff or a minor defendant made valid? If the prescribed rule is not observed, what will be the effect on the decree based on compromise?
- What course is to be followed by minor plaintiff or applicant attaining majority?
What do you understand by suits “in forma pauperis”? Write a short note on the provisions for permitting such a suit to be instituted.
Who is an indigent person? [UPHJS 1995, UPHJS. 1978, UPHJS 1999]
Can an indigent person maintain a suit or appeal, if so under which provision of law? [U.P.H.J.S. 1995]
An order rejecting an application for leave to sue in forma paupris is a decree or an order? [U.P. H.J.S. 1996]
What is the remedy available to the applicant when the application for leave to sue in forma paupris is rejected?
‘A’ presented an application for leave to sue in forma pauperis but ‘A’ dies pending the hearing of the application. Can the application be continued by ‘B’ who is a legal representative of ‘A? Give reasons. [U.P. C.J. 1982 and 1999]
‘A disposed his property worth Rs. 1,000 in August 1980 to enable himself to sue as a pauper and applies for leave in September 1980. With the application of ‘A be accepted or rejected by the court? Give reasons. [U.P. C.J. 1982]
Can a court reject an application seeking permission to sue as an indigent person? If so, on what grounds? [WB J.S. 1996]
Who can hold an enquiry for ascertaining whether a person is actually an indigent person or not? [WB J.S. 1996]
Can a court withdraw (revoke) the permission granted to the plaintiff to sue as an indigent person? If so when? Refer to relevant provisions.
Can a defendant be allowed to defend in forma pauperis? [UP C.J. 1999 & 2003]
On what grounds an application for permission to sue as an indigent person can be rejected?
How can the plaintiff failing to sue as an indigent person get a relief?
When is a plaintiff dispaupered?
Answer the following:
- A presented an application for leave to sue in forma pauperis but dies pending the hearing of the application. Can the applicant be continued by B’s who is a legal representative of ‘A’? Give reasons.
- ‘A’ disposed of his property worth Rs. 1000/- in August 1980 to enable himself to sue as a pauper and applies for leave in September 1980 Will the application of ‘A’ be accepted by the Court? Give reasons.
What is an Interpleader Suit? [Bihar J 1975, 1977, 1980, 1984, 2006, 2014, UPCJ 1998, DJS 2007]
What additional facts are necessary to be stated in the plaint of an Interpleader suit?
What is the procedure taken at the first hearing of the suit?
“Agent and tenant may not institute interpleader suits.” Discuss.
‘X’ lets out certain lands to ‘Y’. ‘A alleges that land never belonged to ‘X and claims rent from ‘Y’. ‘Y’ institute an interpleader suit against ‘A’ and ‘X Will it lie? [Bihar C.J. 1984]
Ram lets out certain lands to Shyam. After the death of Ram, Sons of Ram namely Mohan and Sohan separately claim rent from Shyam on the ground of ownership acquired after partition. Shyam institutes an interpleader suit against Mohan and Sohan. Is the interpleader suit filed by Shyam against Mohan and Sohan maintainable at law? Give reasons in support of your answer and also refer relevant provisions.
‘A’ deposits a box of jewels with `B’ as his agent. ‘C’ alleges that the jewels were wrongfully obtained from him by ‘A ‘ and claims the jewels from ‘B’. Can ’13’ institute an interpleader suit against ‘A and ‘C’ in this respect? [WB C.J. 1990 & HP J.S. 2005]
‘A deposits a box of jewels with `13 as his agent. He then writes to `C for the purpose of making the jewels to ‘C’ a security for a debt due from himself to ‘C’. `A’ afterwards alleges that C’s debt is satisfied and ‘C’ alleges the contrary. Both claim the jewels from ‘B. Can ’13’ institute interpleader suit against ‘A and ‘C’? Give reasons and also refer relevant provisions. [WB J . 1990, BIHAR J 1984]
What are inherent power of court?
Which court has got the `inherent powers’ under Civil Procedure Code? Can it be exercised by a Munsif also? Give reasons and also refer relevant provisions.
A plaint is rejected for non-payment of court-fees. Can it be restored under inherent power of the court? [WB J.S. 1993]
Does a civil court have inherent power “to set aside an ex parte decree”? [Bihar C.J. 1991 U.P.C.J. 1983 and 1987]
Can a civil court exercise its inherent powers under Section 151 to set aside an order contrary to the terms of a statute and judicial precedents?
Can injunction be granted for securing ends of justice where the case does not strictly come within the purview of Order 34 of the Code of Civil Procedure? Give reasons. [U.P.H.J.S. 1982]
Does a civil court have inherent powers “to correct its own mistakes”? [Bihar C.J. 1991, UP C.J. 1983 & 1987]