⚖ CIVIL PROCEDURE CODE – MODEL QUESTION PAPER (Order VII Rule 11 & Injunction) Time: 3 HoursTotal Marks: 100 SECTION A – LONG ANSWER QUESTIONS (20 × 2 = 40 Marks) Q1. (20 Marks) Explain the scope and object of […]
Tag: Civil Procedure Code
Differentiate between ‘appeal’ and ‘revision’.
‘Appeal’ and ‘Revision’: Distinction Q. Differentiate between ‘appeal’ and ‘revision’. There are following main distinctions between Revision and Appeal: (a) An appeal lies to Superior Court from every original decree unless expressly barred, while a revision lies only in the cases […]
What does the word ‘Review’ mean?
Q. What does the word ‘Review’ mean? ‘Review’ means “to look once again”. The main object of granting a review of judgment is reconsideration of the same matter by same judge under certain conditions. The provisions relating to review, thus, strikes […]
Differentiate the words ‘case’ and ‘suit’?
‘Case’ and ‘Suit’: Distinction Q. Differentiate the words ‘case’ and ‘suit’? The meaning of expression ‘case’ being of a comprehensive import, it includes civil proceedings other than suits and it is not restricted to the entirety of the proceedings in a civil […]
What do you mean by word ‘Revision’?
Q. What do you mean by word ‘Revision’? Generally speaking, ‘Revision’ means “the action of revising, especially critical or careful examination or perusal with a view to correcting or improving.” According to section 115 of the Code of Civil Procedure, 1908: […]
Discuss the powers of an Appellate Court.
Q. Discuss the powers of an Appellate Court. Section 107 of the Code of Civil Procedure, 1908 provides for the powers of the Appellate Court in the following manner: “(1) Subject to such conditions and limitations as may be prescribed, an […]
When a ‘second appeal’ is maintainable before the High Court?
Q. When a ‘second appeal’ is maintainable before the High Court? Sections 100 to 103, 107, 108 and Order XXXII of the Code of Civil Procedure, 1908 deal with second appeals. According to section 100 of the Code of Civil Procedure, […]
When a ‘second appeal’ is maintainable before the High Court?
Q. When a ‘second appeal’ is maintainable before the High Court? Sections 100 to 103, 107, 108 and Order XXXII of the Code of Civil Procedure, 1908 deal with second appeals. According to section 100 of the Code of Civil Procedure, […]
Discuss the purpose of ‘appeal’. What are the essential ingredients of an appeal?
APPEALS Q. Discuss the purpose of ‘appeal’. What are the essential ingredients of an appeal? The expression ‘appeal’ has not been defined any where under the Code of Civil Procedure, 1908. However, it may be defined as “the judicial examination of […]
What are the principles for grant of ‘ex parte ad-interim Injunction’ under CPC?
Q. What are the principles for grant of ‘ex parte ad-interim Injunction’ under CPC? Provided that, where it is proposed to grant an injunction without giving notice of the application to the opposite party, the Court shall record the reasons for […]
What are consequences of disobedience or breach of injunction?
Non-compliance or Breach of Injunction Q. What are consequences of disobedience or breach of injunction? (1) In non-compliance or breach of order made under rules 1 and 2, the Court granting the injunction or making the order or any court to […]
Principles Governing Temporary Injunction
Principles Governing Temporary Injunction Before granting of the temporary injunction, the following considerations are required to be satisfied: (i) There is a prima facie case in favour of the plaintiff and against the defendant. (ii) That irreparable injury is likely […]
Conditions for grant of Temporary injunctions
Conditions for grant of Temporary injunctions In case of Kashinath Sansthan v. Srimad Sudhindra Thirtha Swamy, MANU/SC/1852/2009 : AIR 2010 SC 296 the court prescribed the criteria for temporary injunction as follows: “In order to grant an order of injunction, the party […]
Where Temporary Injunction is Granted ?
Where Temporary Injunction is Granted The granting of temporary injunction is a matter of discretion of the Court. The discretion is to be exercised judicially according to well-settled principles. Rule 1 of Order XXXIX of the Code of Civil Procedure, […]
Q. What are the principles to be followed for grant of interim injunction?
It is well-settled principle law that interim relief can always be granted in the aid of and as ancillary to the main relief available to the party on final determination of his rights in a suit or any other proceeding. […]
Explain the process of filing a suit as an indigent person. Whether the applicant can get an interim relief of injunction before the indigency application is admitted and the applicant is permitted to sue as an indigent person.
⚖️ ORDER XXXIII CPC – CASE-LAW CHART (Suit by Indigent Person) Issue Case-law & Citation Principle Laid Down Meaning of “Indigent Person” Mathai M. Paikeday v. C.K. Antony (2011) 13 SCC 174 Order XXXIII must be interpreted liberally to advance […]
Baljinder Singh v. Rattan Singh (delivered by Hon’ble Apex Court on 5th August, 2008)
Baljinder Singh v. Rattan Singh (delivered by Hon’ble Apex Court on 5th August, 2008) The Hon’ble Apex Court has held that a gift by a coparcener of his undivided interest in the coparcenery property is void. However, a coparcener can […]
Beereddy Dasaratharami Reddy v. V.Manjunath and Another (delivered by the Hon’ble Apex Court in Civil Appeal No.7037 of 2021 dt:13.12.2021)
Beereddy Dasaratharami Reddy v. V.Manjunath and Another (delivered by the Hon’ble Apex Court in Civil Appeal No.7037 of 2021 dt:13.12.2021) The Hon’ble Apex Court has held that as per the settled law Karta has the right to execute agreement of […]
Vineetha Sharma v. Rakesh Sharma (delivered by the Hon’ble Apex Court on 11th August, 2020)
Vineetha Sharma v. Rakesh Sharma (delivered by the Hon’ble Apex Court on 11th August, 2020) The Hon’ble Apex Court has overruled the view taken in the earlier decision in Prakash v. Pulavathi & others. In Prakash v. Pulavathi & others, […]
Kattukandi Edathil Krishnan v. Kattukandi Edathil Valsan (delivered by the Hon’ble Apex Court on 13th June, 2022)
Kattukandi Edathil Krishnan v. Kattukandi Edathil Valsan (delivered by the Hon’ble Apex Court on 13th June, 2022) The Hon’ble Apex Court has held that once a preliminary decree is passed (in partition suit) by the Trial Court, the Court should […]
20 ULTRA-HARD TRICK MCQs (CIVIL JURISDICTION)
20 ULTRA-HARD TRICK MCQs (CIVIL JURISDICTION) Q1. Plaintiff residence determines jurisdiction under CPC? A. Yes B. Only in tort C. Only with consent D. ❌ Never Ans: D Q2. Section 20 CPC applies to immovable property when: A. Defendant resides […]
PROBLEM-BASED CIVIL JURISDICTION QUESTIONS with MODEL ANSWERS
PROBLEM-BASED CIVIL JURISDICTION QUESTIONS with MODEL ANSWERS, written exactly in the judiciary mains problem-solving style. Each answer shows issue → law → application → conclusion, with CPC sections + Supreme Court case law. ⚖️ PROBLEM-BASED CIVIL JURISDICTION QUESTIONS (CPC) Problem […]
TOP 5 CIVIL JURISDICTION MAINS QUESTIONS with MODEL ANSWERS
TOP 5 CIVIL JURISDICTION MAINS QUESTIONS with MODEL ANSWERS, written in a judiciary mains / 15-mark format, with statutory provisions + leading Supreme Court case law. Each answer follows Intro → Law → Explanation → Case law → Conclusion. Q1. […]
Top 50 Civil Jurisdiction MCQ
🔵 A. GENERAL PRINCIPLES (Sections 9–11 CPC) MCQ 1 Courts shall have jurisdiction to try all suits of a civil nature except those expressly or impliedly barred under: A. Section 8 B. Section 9 C. Section 10 D. Section 11 […]
Civil & Criminal Jurisdiction Flow Chart
🔴 JURISDICTION FLOWCHART A. CRIMINAL JURISDICTION (CrPC) Offence committed? ↓ Where was it committed? ↓ Court of that place has jurisdiction (S.177) ↓ Was offence committed in multiple places OR is continuing? ↓ Yes → Any of those courts (S.178) […]