CIVIL PROCEDURE CODE – MODEL QUESTION PAPER

Posted on February 28, 2026 by Admin

⚖ 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:

Whether court can reject plaint at threshold?
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:

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)

Can court look at written statement while deciding Order 7 Rule 11?
Is rejection of plaint a decree?
Whether injunction can be granted against true owner?
Can limitation be decided under Order 7 Rule 11?
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:

Quote statutory language
Explain judicial tests
Apply to facts
Cite landmark cases
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:

It does not disclose cause of action [R11(a)]
Relief undervalued and not corrected [R11(b)]
Insufficient court fee [R11(c)]
Suit barred by law [R11(d)]
Not filed in duplicate [R11(e)]
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

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.