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  • CPC 2019

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    Sarthak Sabbarwal
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    The document is an exam for a course on Code of Civil Procedure I. It contains 7 questions assessing various concepts related to civil procedure in India. Question 1 has 6 parts asking students to explain concepts like misjoinder of parties, grounds for return of plaint, public order, judgement, counter-claim, and order. Question 2 asks about the grounds for setting aside an ex parte decree against defendants and the remedies available to defendants in such cases. Question 3 asks about the grounds for rejection of plaint under the Code of Civil Procedure. Question 4 asks students to explain the different categories of jurisdiction that a civil court can have. Question 5 presents a case study on filing of multiple

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    CPC Question Paper

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    The document is an exam for a course on Code of Civil Procedure I. It contains 7 questions assessing various concepts related to civil procedure in India. Question 1 has 6 parts asking students to explain concepts like misjoinder of parties, grounds for return of plaint, public order, judgement, counter-claim, and order. Question 2 asks about the grounds for setting aside an ex parte decree against defendants and the remedies available to defendants in such cases. Question 3 asks about the grounds for rejection of plaint under the Code of Civil Procedure. Question 4 asks students to explain the different categories of jurisdiction that a civil court can have. Question 5 presents a case study on filing of multiple

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    Download as pdf or txt
    25 views2 pages

    CPC 2019

    Uploaded by

    Sarthak Sabbarwal
    The document is an exam for a course on Code of Civil Procedure I. It contains 7 questions assessing various concepts related to civil procedure in India. Question 1 has 6 parts asking students to explain concepts like misjoinder of parties, grounds for return of plaint, public order, judgement, counter-claim, and order. Question 2 asks about the grounds for setting aside an ex parte decree against defendants and the remedies available to defendants in such cases. Question 3 asks about the grounds for rejection of plaint under the Code of Civil Procedure. Question 4 asks students to explain the different categories of jurisdiction that a civil court can have. Question 5 presents a case study on filing of multiple

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    © All Rights Reserved
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    of 2

    Name:

    Enrolment No:

    UNIVERSITY OF PETROLEUM AND ENERGY STUDIES


    End Semester Examination, December 2019
    Course: Code of Civil Procedure I Semester: V
    Programme: B.A.LL.B(H), B.Com.LL.B(H), B.B.A.LL.B(H) CC:CLCC3004

    Time: 03 hrs. Max. Marks: 100


    Instructions: Read the questions carefully and substantiate with relevant sections and case laws.
    SECTION A

    Marks CO
    Q1 Explain any 5 of the following :

    (a) Misjoinder of parties


    (b) Grounds of return of plaint
    CO1
    (c) Public Order 10
    CO2
    (d) Judgement (2x5)
    (e) Counter- Claim
    (f) Order

    SECTION B
    Answer all the questions

    Q2 On what grounds can a civil court set aside ex parte decree against defendants under
    CO1
    Order 9 of the C.P.C.?/ What should a court do when plaintiff is present and the 10
    CO2
    defendant is absent? What remedies are available to defendant is such cases?
    Q3 What are the grounds for rejection of plaint under the code of Civil Procedure?
    CO1
    10
    CO2
    SECTION-C
    Answer all the questions

    Q4 A civil court has how many kinds of jurisdiction. Explain each category in brief. CO1
    10
    CO2
    Q5 A field a suit for partition of property situated in Ghaziabad and Meerut against C &
    D in a Civil Court of Ghaziabad on 1st August 2019, which is pending for adjudication CO1
    before the concerned Court. Meanwhile on 25th October 2019, C & D also filed suit 10 CO2
    for partition of same properties in Civil Court of Meerut. Can A raise an objection with CO5
    respect to subsequent suit filed in Meerut. Decide.

    SECTION-D
    Answer all the questions

    Q6 An A.S.I. was dismissed from service by the D.I.G. He challenged the said decisions
    by filing a writ petition in the High Court on the ground that he was not afforded a
    reasonable opportunity. The writ petition was dismissed. He then filed a civil suit and
    raised an additional plea that he was appointed by the I.G.P. and therefore D.I.G. being
    lower in rank, was not competent to pass an order against him. CO3
    5 CO4
    1. Whether the provision of Res-judicata will be applicable on writ petitions.
    2. In the light of the given problem, discuss the relevant provision dealing with 10

    the concept of Constructive Res-Judicata under CPC. 10


    3. Cite the relevant case laws dealing with the above mentioned problem.

    Q7 “One cardinal principle to be observed in trial by a court obviously is that a party has
    a right to appear and plead his cause on all occasions when that cause comes on for
    hearing and that it follows that a party should not be deprived of that right, unless the
    Code of Civil Procedure deprives him of it.”
    CO3
    CO4
    1. Can one insist on retrial of the part of the case during which he was absent?
    5
    2. Can a party seek setting aside of the ex-parte order? If so on what grounds?
    10
    3. Explain the above statement in reference to Sangram Singh v. Election
    10
    Tribunal (1995) 2 SCR 1.

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