CPC Mains Questions Series Part VII: Important Questions for Judiciary, APO & University Exams | Part – VII of X
Legal Bites brings to you CPC Mains Questions Series Part VII.
Legal Bites brings to you CPC Mains Questions Series Part VII. 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 VII
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 VII of X
- What do you understand by splitting of claim? Can a fresh suit for sale on the basis of a mortgage be filed, if a suit for personal decree was already filed and was decreed?
- What claims can be joined for recovery of immovable property?
A’ lets a house to 'B’ at a yearly rent Rs. 12,000. The rent for the years 1980, 1981 and 1982 is due and unpaid. ‘A’ sues 'Bin 1983 only for rent due in 1981. Can A afterwards sue ‘B’ for the rent due for 1980 and 1982? [WB J.S. 1993]
A became a tenant of seven lots of coconut grove under B. Annual rental agreed was Rs. 3,600/- to be paid in three instalments. A filed a suit for declaration and injunction alleging that B with the help of C is trying to cast clouds on his tenancy rights and to dispossess him. The Court found that A had already been dispossessed.
The suit was therefore dismissed on the ground that suit for mere declaration does not lie in view of the prohibition contained in the Specific Relief Act, without seeking the consequential relief of possession. A then filed another suit for possession of the land under his tenancy. The suit was resisted on the ground, inter alia that it is barred by principles of res judicata and also under Order 2, Rule 2, C.P.C. Decide giving reasons for your decision, whether the defendant’s plea is sustainable.
‘A’ let out his residential house in Delhi to ‘B’ vide registered lease deed dated 15-3-1992. This lease was for a period of three years commencing from 1-3-1992 and ending on 28-2-1995. Monthly rent fixed was Rs. 20,000. After the expiry of the lease period, no new lease was executed.
It was orally agreed between the parties that there would be an extension of tenancy by a further period of three years on the enhancement of rent by 15%. ‘B’ started paying the rent at an enhanced rate of w.e.f. 1-3-1995, which ‘A’ accepted until November 1995. Thereafter vide legal notice dated 4-12-1995 was served upon ‘B’ under section 106 of the Transfer of Property Act, 1882.
‘A’ terminated the tenancy w.e.f. 31-1-1996 and called upon ‘B’ to handover possession in the District Court. Decree for possession was passed by the trial Court vide judgment and decree dated 12-12-2002 holding that after the termination of the tenancy by legal notice the tenant was in unlawful possession. After this decree, ‘A’ filed another suit claiming mesne profits on 19-1-2003 w.e.f. 20-1-2000 and also for the future period till the possession is handed over. ‘B’ took the plea that suit was barred under Order II, rule 2 of the Code of Civil Procedure 1908. whether this plea of ‘B’ is sustainable in law? [DJS. (2007)].
When a summons issued by the Court to the defendant and in what various manners can such summons be served? [UPCJ 1984, 1985] Or What are the particulars of summons? Describe the different modes of service of summons. [UPCJ 2015]
What is substituted service? When can it be ordered and how can be effected? Discuss with reference to the provisions of the Code of Civil Procedure, 1908. Or What do you mean by Substituted service? [UPHJS 2018]
What do you mean by alternative, inconsistent and mutually destructive inconsistent alternative pleas? What is the effect of inconsistent pleadings? Can a party resort to inconsistent and alternative pleadings?
In a suit for specific performance of an agreement for sale is the omission to state in the plaint that the plaintiff was ready and willing to perform his part of the contract fatal to suit? Discuss. [UPHJS 2000, BIHAR J 1987.]
Discuss the grounds of return of a plaint to the plaintiff or of its rejection. Can a plaintiff institute a fresh suit on the same cause of action on the rejection of plaint?
‘A’ files a plaint in the court of Munsif, Jaipur. The Munsif finds that the plaint does not disclose any cause of action. What order should be passed by Munsif, Jaipur in this case? Give relevant provisions. [HP HJS 2003, UPHJS. 1996]
Does the Code of Civil Procedure, 1908 empower the Court to reject a plaint? If so, under what circumstances? [U.P.C.J. 2018]
The plaintiff instituted a suit for recovery of money. It is the case of the plaintiff that he had purchased certain land from the defendant; the said land acquired by the Government and accordingly he applied for compensation; however, the defendant objected to the release of compensation to the plaintiff owing where to the release of compensation to the plaintiff was delayed by several years.
The defendant however subsequently withdrew his objections and where after the compensation was released to the plaintiff. The suit is filed for recovery of compensation for delay caused by the defendant in the release of land acquisition compensation. The defendant contested the suit by denying the sale of land to the plaintiff and further pleaded that the objections to release of compensation was withdrawn by him on the basis of a compromise in writing arrived at between the parties but the plaintiff mischievously obtained his signatures on an unconditional application for withdrawal of objection also.
The defendant however did not file the compromise in writing along with the written statement. However, during the cross-examination of the plaintiff, the defendant put to him the said compromise in writing. The plaintiff denied his signature on the same. The defendant thereafter in his own evidence sought to prove the said compromise in writing. The plaintiff objected to the same contending that the defendant has not filed the document at the appropriate stage could not prove the same. Decide the said objection of the plaintiff.
What do you mean by set-off? Explain the difference between legal set-off and equitable set-off.
What is set-off? Discuss the provisions regarding set-off as provided under the Civil Procedure Code and distinguish between legal and equitable set-off. [DJS 1976, BIHAR J 1975, 1976, 1977, WB J 1997, 1995 , 1992, Raj J. 1969, 1975, 1979]
‘A sues ’13’ on a bill of exchange for Rs. 10,000. ‘B’ holds a judgment against 'A for Rs. 15,000. ’13’ claims set-off against 'A for 15,000. Will ’13 succeed? Give reasons and also refer to relevant provisions in this regard.
‘A’ sues on a bill of exchange. '13″ alleges that ‘A’ has wrongfully neglected to insure B’s goods and is liable to him in compensation which he claims to set off. Will '13 succeed – his claim of set-off? Give reasons. [U.P.C.J. 2006]
Sushmita sues Abhishek for compensation on account of trespass. Abhishek holds a promissory note for Rs. 10,000 from Sushmita and claims to set off that amount against any sum that Sushmita may recover in the suit. Will Abhishek succeed in his claim of set-off against Sushmita? Give reasons.
Gopal and Nehal sue Amar for Rs. 10,000. Amar claims set off for a debt of Rs. 5,000 due to him alone by Gopal. Will Amar succeed in his claim of set-off? Give reasons. [Bihar H.J.S. 1990]
‘A’ dies intestate and in debt to 'B. ‘C takes out administration to A’s effects and ’13 buys part of the effects from ‘C. In a suit for purchase money by ‘C’ against ‘B’, the latter wants to set off the debt. Answer with reasons. [U.P.C.J. 2006]
What do you mean by counter-claim? Give the difference between counterclaims and set-off.