CPC Mains Questions Series Part VIII: Important Questions for Judiciary, APO & University Exams | Part – VIII of X
Legal Bites brings to you CPC Mains Questions Series Part VIII.
Legal Bites brings to you CPC Mains Questions Series Part VIII. 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 VIII
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 – VIII of X
An immovable property is put to auction in execution of an ex parte decree and is purchased by a third party. The ex parte decree is set aside under Order IX, Rule 13, C.P.C. before confirmation of sale. Is the auction purchaser entitled to get the sale confirmed?
In a suit 6-8-1989 was fixed for a final hearing. On that date, the defendants moved an application for adjournment on the ground of illness. The prayer was allowed subject to payment of costs and 1-9-1989 was fixed for final hearing. On this date Counsel for both parties were present.
Counsel for the defendants, after paying the costs, moved another application for adjournment. This application was rejected by the Court. Thereupon Counsel for the defendants stated that he had no further instructions and was, therefore, withdrawing from the case. The Court directed that the case would proceed under Order XVII, Rule 3, C.P.C. Thereafter, the plaintiff produced his evidence and closed the case. On 2-9-1989 the suit was decided on merits. Whether in these circumstances, an application under Order IX, Rule 13, C.P.0 lies. Discuss.
In an eviction proceeding, 27-5-1989 was fixed for the evidence of the landlord and 2.6.1989 for the evidence of the tenant. On 27.5.1989 neither the tenant nor his counsel appeared at hearing. The Court recorded evidence of landlord and passed ex-parte eviction order. Same day tenant applied for setting aside the ex-parte order alleging that he was ill and his counsel had forgotten mentioning the case in his diary. He filed his own affidavit but did not file a medical certificate, diary and affidavit of counsel. The landlord rebutted his allegation on affidavit. Decide the application.
What remedy is available to the plaintiff whose suit has been dismissed for default of his appearance or for default of appearance of both the parties? [UPHJS. 1996, UPHJS SC/ST. 1996, WB J 1999, BIHAR J 1984, UPHJS 1991, HR J 1995]
- From what materials are issues framed?
- Is a Court empowered to amend or strike out an issue?
- What is the effect of omission to frame issues on some facts by the trial Court?
A tenant’s defence against his ejectment was struck off. The landlord claimed an eviction decree straight away. The tenant asserted right to participate in the proceedings, cross-examine the landlord’s witnesses, lead evidence in defence and rebuttal, and address arguments. Decide the controversy. Give reasons.
Are the provisions of Order XV, Rule 5, C.P.C. (as amended by U.P. Legislature) mandatory? Has the Court any discretion to condone default in depositing the amount, if a representation is filed after the expiry of ten days of the default?
Write in short what procedure will be adopted in the following cases:- Where one of several plaintiffs or defendants dies and right to sue survives. Where one of several plaintiffs or sole plaintiff dies. Where one of several defendants or sole defendant dies. Where there is no legal representative.
A applies for execution of a decree for possession against B. During the pendency of the said execution, B dies on 10″ March, 2008. A applies on 10th September, 2008 for substitution of legal representatives of B in the execution. Is the said application within time? Give reasons also.
Plaintiff filed suit against S (widow of his brother) for declaration of title to the suit property, to put him in the possession and for arrears of rent with further mesne profits. The suit was decreed on 05.09.1983. Three days thereafter, the plaintiff sold the suit property to B. That widow filed an appeal.
During the pendency of the appeal, B was impleaded as respondent under Order 22 Rule 10 C.P.C. since the property in suit had been assigned to him. The plaintiff filed an application for dismissing the suit as not pressed as he had compromised the dispute with S and wanted the compromise to be recorded. It is opposed by B contending that he being transferee pendente-lite was virtually interested in decree remaining intact.
Plaintiff contended that under Order 23 Rule 1 C.P.C., he has right to compromise suit with S against whom he had filed suit and he cannot be forced by any of the parties to continue to prosecute the suit. Decide the application of the plaintiff.
What procedure has been prescribed in Civil Procedure Code for the disposal of a suit in which a substantial question of law as to the interpretation of the Constitution or as to the validity of any statutory instrument is involved? [MPHJS 2018]
- Describe the mode in which the service can be effected in a suit against a firm.
- Where a partner of a firm has died, how will the suit proceed?