⚖ CIVIL PROCEDURE CODE – MODEL QUESTION PAPER
(Order VII Rule 11 & Injunction)
Time: 3 Hours
Total Marks: 100
SECTION A – LONG ANSWER QUESTIONS (20 × 2 = 40 Marks)
Q1. (20 Marks)
Explain the scope and object of Order VII Rule 11 CPC. Discuss the grounds for rejection of plaint with reference to judicial interpretation.
Refer to leading case:
T. Arivandandam v. T.V. Satyapal
Saleem Bhai v. State of Maharashtra
Q2. (20 Marks)
Explain the principles governing grant of temporary injunction under Order XXXIX Rules 1 & 2 CPC. Discuss the three essential ingredients and the balance of convenience doctrine.
Refer to:
Dalpat Kumar v. Prahlad Singh
Gujarat Bottling Co. Ltd. v. Coca Cola Co.
SECTION B – PROBLEM BASED QUESTIONS (15 × 2 = 30 Marks)
Q3. (15 Marks) – Order VII Rule 11 Problem
A files a suit for declaration of ownership without disclosing any cause of action. The plaint is cleverly drafted to avoid limitation. Defendant files application under Order VII Rule 11.
Discuss:
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Whether court can reject plaint at threshold?
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Whether evidence can be considered?
-
Stage at which application can be decided?
Refer:
Popat and Kotecha Property v. State Bank of India Staff Association
Q4. (15 Marks) – Injunction Problem
Plaintiff seeks ex parte ad-interim injunction restraining defendant from alienating property. Defendant alleges suppression of material facts.
Discuss:
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When ex parte injunction can be granted?
-
Effect of suppression?
-
Whether injunction can be vacated under Order 39 Rule 4?
Refer:
Morgan Stanley Mutual Fund v. Kartick Das
SECTION C – SHORT NOTES (10 × 3 = 30 Marks)
Attempt any THREE (10 marks each)
Q5. Rejection of plaint vs Return of plaint.
Q6. Whether plaint can be partially rejected?
Refer:
Sejal Glass Ltd. v. Navilan Merchants Pvt. Ltd.
Q7. Meaning of “cause of action” under Order VII Rule 11(a).
Q8. Difference between Temporary, Permanent and Mandatory Injunction.
Refer:
Specific Relief Act, 1963
Q9. Inherent powers under Section 151 CPC in injunction matters.
Refer:
Manohar Lal Chopra v. Seth Hiralal
Q10. Appealability of order rejecting plaint.
BONUS VIVA QUESTIONS (FOR ORAL EXAM)
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Can court look at written statement while deciding Order 7 Rule 11?
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Is rejection of plaint a decree?
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Whether injunction can be granted against true owner?
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Can limitation be decided under Order 7 Rule 11?
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What is irreparable injury?
MARKING SCHEME GUIDELINE (For Evaluators)
| Component | Marks Distribution |
|---|---|
| Statutory Provision | 30% |
| Case Law | 25% |
| Application | 25% |
| Structure & Clarity | 10% |
| Conclusion | 10% |
MODEL ANSWER EXPECTATION
Students must:
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Quote statutory language
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Explain judicial tests
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Apply to facts
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Cite landmark cases
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Provide structured conclusion
⚖ SECTION A – LONG ANSWERS (20 × 2 = 40 Marks)
✅ Q1. Order VII Rule 11 CPC – Rejection of Plaint (20 Marks)
Introduction
Order VII Rule 11 of the Code of Civil Procedure, 1908 empowers the court to reject a plaint at the threshold if it suffers from fundamental legal defects.
It is a summary remedy to prevent abuse of process.
Grounds for Rejection
A plaint shall be rejected if:
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It does not disclose cause of action [R11(a)]
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Relief undervalued and not corrected [R11(b)]
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Insufficient court fee [R11(c)]
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Suit barred by law [R11(d)]
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Not filed in duplicate [R11(e)]
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Failure to comply with Rule 9 [R11(f)]
Judicial Principles
1️⃣ Only Plaint to be Examined
Saleem Bhai v. State of Maharashtra
Held: Only averments in plaint are to be seen; written statement irrelevant.
2️⃣ Meaningful Reading Test
T. Arivandandam v. T.V. Satyapal
Court must reject vexatious and illusory plaints.
3️⃣ Bar of Law (Limitation)
Popat and Kotecha Property v. State Bank of India Staff Association
If suit is barred on face of plaint, rejection mandatory.
Nature of Order
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Rejection amounts to decree (Section 2(2)).
-
Appealable under Section 96 CPC.
Conclusion
Order VII Rule 11 prevents frivolous litigation and ensures judicial economy. It must be applied strictly but cautiously.
✅ Q2. Temporary Injunction – Principles (20 Marks)
Introduction
Temporary injunction is governed by Order XXXIX Rules 1 & 2 CPC and Sections 36–42 of the Specific Relief Act, 1963.
It is discretionary and equitable.
Three Essential Ingredients
1️⃣ Prima Facie Case
2️⃣ Balance of Convenience
3️⃣ Irreparable Injury
Leading Case:
Dalpat Kumar v. Prahlad Singh
Held:
Prima facie case ≠ mere triable issue; must show serious question to be tried.
Commercial Injunction Principle
Gujarat Bottling Co. Ltd. v. Coca Cola Co.
Injunction is equitable; conduct of parties relevant.
Ex Parte Injunction
Morgan Stanley Mutual Fund v. Kartick Das
Ex parte injunction granted only in exceptional urgency.
Conclusion
Temporary injunction preserves status quo and prevents irreparable harm pending adjudication.
⚖ SECTION B – PROBLEM ANSWERS (15 × 2 = 30 Marks)
✅ Q3. Problem – Order VII Rule 11 (15 Marks)
Issue:
Whether plaint can be rejected for absence of cause of action and limitation?
Rule:
Under Order VII Rule 11(a) & (d).
Application:
Court examines plaint only. If no real cause disclosed → rejection mandatory.
Limitation can be decided if apparent on face.
Authority:
Popat and Kotecha Property v. State Bank of India Staff Association
Conclusion:
Court may reject plaint at any stage before trial if grounds satisfied.
✅ Q4. Problem – Ex Parte Injunction (15 Marks)
Issue:
Whether injunction liable to be vacated for suppression?
Rule:
Order 39 Rule 4 CPC permits discharge or variation.
Application:
Suppression of material facts disentitles equitable relief.
Authority:
Morgan Stanley Mutual Fund v. Kartick Das
Conclusion:
Injunction can be vacated if obtained by suppression.
⚖ SECTION C – SHORT NOTES (10 × 3 = 30 Marks)
✅ Q5. Rejection vs Return of Plaint
| Rejection | Return |
|---|---|
| Order VII Rule 11 | Order VII Rule 10 |
| On merits defect | On jurisdiction |
| Decree | Not decree |
| Appeal lies | Appeal lies |
✅ Q6. Partial Rejection of Plaint
Sejal Glass Ltd. v. Navilan Merchants Pvt. Ltd.
Held: Plaint cannot be rejected partially; must be whole.
✅ Q7. Cause of Action
Bundle of essential facts giving right to sue.
If absent → plaint rejected.
✅ Q8. Types of Injunction
| Type | Provision |
|---|---|
| Temporary | Order 39 CPC |
| Permanent | Section 38 SRA |
| Mandatory | Section 39 SRA |
Under Specific Relief Act, 1963.
✅ Q9. Section 151 & Injunction
Manohar Lal Chopra v. Seth Hiralal
Court can grant injunction even if O39 not strictly applicable.
✅ Q10. Appealability
Rejection of plaint = decree → appeal under Section 96 CPC.
🏁 OVERALL CONCLUSION
Order VII Rule 11 ensures early filtration of frivolous suits, while injunction jurisprudence balances equity and justice by preserving rights pending trial.
Both provisions reflect the procedural commitment of CPC to fair and efficient adjudication.