Descriptive Questions on Code of Civil Procedure for Higher Judicial Services- Set-1

First Set

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(1) What is a Compromise Suit and how to set-aside a Compromise Decree?

(2) Whether an applicant is competent to move HC with a review petition in case of SLP rejected by a Non-speaking Order ?

(3) Setting aside decree ex-parte against defendant on the basis of sufficient cause-What is Sufficient Cause?

(4) For the purpose of determination of question as to whether the suit is barred, the averments made in the plaint are germane- Explain

(5) Whether a Court is competent to reject the Plaint when it failed to state material facts?

(6) Whether Supreme Court diluted the strict provision of Order VIII, Rule 1 of CPC ?

(7) Whether a third party in possession of a property claiming independent right as a tenant not party to a decree under execution could resist such decree by seeking adjudication of his objections under Order 21, Rule 97 of the Civil Procedure Code ?

(8) What is Affidavit and how to verify it ?

SHORT NOTES

•  “The first HEARING of the SUIT”?

More difficult questions

• Explain Court’s review power u/s 114 read with O 47 R 1 CPC - Shri Ram Sahu (D) through LRS. & Ors. Vs. Vinod Kumar Rawat & Ors-03/11/2020 Supreme Court of India [Civil Appeal No. 3601 of 2020 @ Special Leave Petition (Civil) No. 28150 of 2017] Division Bench Review power of  courts Extract
• If a plaint is returned under O7-R10 & 10A of CPC, for presinting before a proper court, whether the suit shall proceed de novo or will it continue from the stage at returning of the plaint? - If a plaint is returned under Order VII Rule 10 and 10A of the Code of Civil Procedure 1908, for presentation in the court in which it should have been instituted, whether the suit shall proceed de novo or will
• What is Second Appeal and when it could be entertained ? - No substantial Question no Appeal Section 100 of the Code of Civil procedure deals with “second appeal”.   The provision reads as follows : “100 (1) Save as otherwise expressly provided in the body of this Code or by any
• What is the Evidentiary Value of depositions of attorney holders in Civil Suit ? - Man Kaur (dead) by LRS. Vs  Hartar Singh Sangha-Order III, Rules 1 and 2 CPC, empowers the holder of power of attorney to “act” on behalf of the principal. In our view the word “acts” employed in Order III, Rules 1
• What will happen if a party to a suit does not stand on witness box and states his case on Affidavit ? - Civil Procedure Code, 1908—Order 16, Rule 1-A—Witness—Production of—Witness properly examined—His testimony cannot be rejected on ground his name did not appear in list of witnesses and produced as witness without being summoned by court.
• Whether a stranger can be permitted to file a civil appeal in any proceedings? - Section 96 and 100 of the Code of Civil Procedure provide for preferring an appeal from any original decree or from decree in appeal respectively. The aforesaid provisions do not enumerate the categories of persons who can file an appeal. However, it is a settled legal proposition that a stranger cannot be permitted to file an appeal in any proceedings unless he satisfies the Court that he falls with the category of aggrieved persons.
• Whether a witness can be produced without Court Summons in Civil Suit ? - Mange Ram Vs Brij Mohan and others[03-08-1983]-Whether a witness can be produced without being summoned through the Court and without his name being mentioned in the list of witnesses in Civil Suit?   Where a party to a proceeding does not
• Whether pleadings can be directed to be amended after hearing of a case begins? - Vidyabai & Ors. Versus Padmalatha & Anr.-However, proviso appended to Order VI, Rule 17 of the Code restricts the power of the court. It puts an embargo on exercise of its jurisdiction. The court's jurisdiction, in a case of this nature is limited. Thus, unless the jurisdictional fact, as envisaged therein, is found to be existing, the court will have no jurisdiction at all to allow the amendment of the plaint.

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