Note- These questions are updated annually, unit-wise, to make your exam preparation easier. Best of luck!

Unit-I: Introduction to CPC, Jurisdiction, and Res Judicata

Syllabus: Codification of Civil Procedure and Introduction to CPC — Principal features of the Civil Procedure Code — Suits — Parties to Suit — Framing of Suit — Institution of Suits — Bars of Suit — Doctrines of Sub Judice and Res Judicata — Place of Suing — Transfer of suits — Territorial Jurisdiction — ‘Cause of Action’ and Jurisdictional Bars — Summons — Service of Foreign summons.

Part A: 6-Mark Questions

1. Cause of Action.
2. Pecuniary Jurisdiction.
3. Territorial Jurisdiction.
4. Res sub judice.
5. Place of suing.

Part B: 15-Mark Questions

1. What is the meaning of res judicata? When can the doctrine of res judicata be applied?
2. Explain the various modes of Service of Summons.
3. Who can be joined as parties in a civil suit?

Unit-II: Pleadings

Syllabus: Pleadings — Contents of pleadings — Forms of Pleading — Striking out / Amendment of Pleadings — Plaint — Essentials of Plaint — Return of Plaint — Rejection of Plaint — Production and marking of Documents — Written Statement — Counter claim — Set off — Application of Sec. 89 — Framing of issues.

Part A: 6-Mark Questions

1. Essentials of Plaint.
2. Written Statement.
3. Counter Claim.
4. Amendment of Pleadings.
5. Counter Claim and set off.

Part B: 15-Mark Questions

1. What is plaint? Describe its essential contents?
2. What are the differences between counterclaim and set off?

Unit-III: Trial Procedure and Execution

Syllabus: Appearance and Examination of parties & Adjournments — Ex-parte Procedure — Summoning and Attendance of Witnesses — Examination — Admissions — Production, Impounding, Return of Documents — Hearing — Affidavit — Judgment and Decree — Concepts of Judgment, Decree, and Interim Orders and Stay — Injunctions — Appointment of Receivers and Commissions — Costs — Execution — Concept of Execution — General Principles of Execution — Power of Execution — Power of Executing Courts — Procedure for Execution — Modes of Execution — Arrest and detention — Attachment and Sale.

Part A: 6-Mark Questions

1. Mesne Profit.
2. Judgment Debtor.
3. Execution.
4. Admissions.
5. Distinguish between Judgement and Decree.
6. Adjournments.
7. Preliminary Decree.
8. Inherent Powers of Civil Courts.
9. Interim Orders and Stay.
10. Modes of execution of a Decree.

Part B: 15-Mark Questions

1. Discuss upon the different stages of a suit?
2. Explain the properties which are not liable for attachment and sale in an execution of a decree under the procedural law.
3. What are the various modes of Execution of Decree?

Unit-IV: Special Suits, Appeals, Review, Revision

Syllabus: Suits in Particular Cases — Suits by or against Government — Suits relating to public matters — Suits by or against minors, persons with unsound mind — Suits by indigent persons — Interpleaded suits — Incidental and supplementary proceedings — Appeals, Reference, Review and Revision — Appeals from Original Decrees — Appeals from Appellate Decrees — Appeals from Orders — General Provisions Relating to Appeals.

Part A: 6-Mark Questions

1. Interpleader Suits.
2. Revision.
3. Suits by or against Government.
4. Appeal from Appellate Decrees.

Part B: 15-Mark Questions

1. Describe the manner in which a suit against minor can be instituted?
2. On what grounds the remedy of revision is available to an aggrieved person?
3. Discuss the procedure for appeals from original decrees and the appeals from orders.
4. Discuss the procedure to be followed in suits by or against Government or Public Officers.
5. What is the procedure to be followed in suits by Indigent persons?

Unit-V: Law of Limitation

Syllabus: Law of Limitation — Concept of Limitation — Object of limitation — General Principles of Limitation — Extension — Condonation of delay — Sufficient Cause — Computation of limitation — Acknowledgment and Part-payment — Legal Disability — Provisions of the Limitation Act, 1963 (Excluding Schedule)

Part A: 6-Mark Questions

1. Legal disability.
2. Condonation of the delay.
3. Acknowledgement.
4. Legal disability under law of limitations.
5. Condonation of delay under Limitation Act.

Part B: 15-Mark Questions

1. Examine the circumstances in which delay will be condoned under the provisions of the Limitation Act.
2. What constitutes ‘sufficient cause’ for condonation of delay? Illustrate your answer.
3. How is the period of Limitation computed under the Indian Limitation Act, 1963?

Part C 10 Mark Questions

1. A suit was instituted by the Plaintiff Company alleging infringement by the Defendant Company for using the trade name of the medicine and similar wrapper and carton of identical design with the same color combination, etc., as that of Plaintiff Company. A subsequent suit was instituted in a different Court by the Defendant Company against the Plaintiff Company with similar allegations. In such a situation, defend the Plaintiff Company on the procedure adopted by the Courts.
2. A transport company has its head office in Delhi and branch offices in Chennai, Jaipur, and Mumbai. A dispute cropped up between Sohan and the company in respect of a transaction made through the Chennai office. Sohan files a suit in respect of this dispute against the company in a court at Jaipur. How will the Court decide?
3. Ram and Shyam sell wheat for Rs. 10,000 to Sohan and Mohan. Sohan sells cloth worth Rs. 12,000 to Shyam. Sohan files a suit against recovery of the price of cloth. Shyam claims a set-off for the cost of wheat in this suit. Will it be allowed?
4. A was a trustee of a trust. After A’s death, B who was appointed as trustee, filed a suit for possession of the trust property against S as the legal heir of A in his individual capacity. But C filed a suit as another suit for recovery of trust property against B in the capacity that he was appointed as trustee after the death of A. Whether the second suit is barred by the doctrine of constructive res judicata?
5. Mr. Jeevan’s name is excluded from the list of his caste people in the village. Jeevan feels that his right is affected. He wants to file a civil case for inclusion of his name in the caste list. Can the Civil Court take up for hearing? Is the case relating to the civil nature?
6. Mr. Eswar has given a Notice under section 80 of the code of Civil procedure with intent to file a suit against the Government. Thereafter, he died in an accident. His son as a legal representative institutes a suit without giving notice to Government. Discuss the legal rules for the maintenance of the suit.
7. In an execution petition, the court directed the judgement-debtor to obey the execution of a decree in favour of the decree-holder. The judgement debtor neglects to obey the same. Shall the court execute the decree on behalf of the judgement debtor?
8. ‘A’ filed a suit against ‘B’. After receiving summons, ‘B’ did not appear before the court. The court passed ex-parte order against B. There was a delay of 40 days in filing set aside petition. Which is the correct provisions of Limitation Act to file application for condonation of delay?
9. ‘X’ residing in Warangal publishes in Hyderabad a defamatory statement against ‘Y’, a resident of Nizamabad. ‘Y’ wants to file a suit for damages against ‘X’. Advise him as to place of suing.
10. In the execution of a decree against the judgment debtor, who is an agriculturist, an electric pump set and a tractor belonging to him were attached. Is the attachment valid? Discuss whether these properties are exempted from attachment and sale.
11. ‘A’ sues ‘B’ for a declaration that he is the owner of certain property. The suit is dismissed holding that he is not the owner. At the time of the suit ‘A’ is in adverse possession of the property. But not perfected his title. After the statutory period, ‘A’ files another suit on the basis of his title by adverse possession. Is the second suit barred? Discuss the legal position.
12. A minor, during his minority, has accrued a right to sue for recovery of immovable property. After attaining majority, he remained inactive for three years and now he wants to file a suit. Is it possible? Discuss the legal position.
13. ‘A’ wants to file a suit, against ‘B’ for recovery of Rs. 10,000/- based on a negotiable instrument. Draft a plaint accordingly.
14. ‘X’ wants the presence of the president of India, as witness in a Civil Suit. Can the court issue summons to the President of India? Give reasons.
15. ‘A’ filed E.P. against ‘B’ and sought for attachment and sale of property of ‘B’. He further prayed for the arrest of ‘B’. Can he do so?
16. ‘X’ discharged a time barred debt and later after realization now he wants to file a suit for recovery of the same from ‘Y’. Is it maintainable? Give reasons.

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• Notes- Unit-wise All 5th Sem Subjects
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