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CPC & Limitation Act- Question Bank
Bba llb (Karnataka State Law University)
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QUESTION BANK FOR CIVIL PROCEDURE CODE AND LIMITATION ACT
UNIT I
1. What is doctrine of res judicata? When can this doctrine be applied? Elucidate.
2. Explain the doctrine of res judicata. State its objects and principles.
3. State the circumstances under which a suit is barred by ‘res-judicata’.
4. State the conditions for the applicability of doctrine of res subjudice?
5. Explain the scope and object of res-subjudice.
6. Discuss the provisions of the civil procedure code relating to ‘res-subjudice’
7. What is a suit of civil nature and state whether a suit regarding the right to worship is a
suit of civil nature?
8. What is a suit of civil nature? Explain with illustrations.
9. Briefly state the principles governing the place of suing.
10. Discuss the provisions pertaining to ‘place of suits’ under the Civil Procedure Code.
11. State the provisions of CPC regarding transfer of cases/suits.
12. Discuss the rules in C.P.C. relating to transfer of suits.
13. What is meant by jurisdiction of the court? Explain the various kinds of jurisdiction with
the help of decided cases.
14. Define foreign judgement. When shall it be conclusive and state the presumption relating
to foreign judgement.
15. “Every suit shall be Instituted in the court of lowest grade competent to try it”. Comment.
UNIT II
16. What are the fundamental rules of pleadings. When the amendment of pleading is
permissible ?
17. Who may be joined as plaintiffs and defendants? What is the effect of misjoinder and
non-joinder of parties?
18. What is written statement? when can set-off and counter claim be pleaded?
19. Elucidate the essential contents of a written statement?
20. What are the rules regarding institution of suits? Explain
21. What are the necessary elements/contents of the plaint? When can it be rejected?
Elucidate in the lights of decided case laws.
22. Briefly describe the different parts of a plaint.
23. Explain the essential ingredients of summons. Discuss the different modes of service of
summons.
24. When does a person avoid the service of summons?
25. Explain the provisions of CPC relating to the parties to the suit, their joinder, misjoinder
and non-joinder.
26. Discuss the different modes of service of summons.
27. Explain the essential ingredients of summons.
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28. When does a person avoid the service of summons?
29. Explain with illustrations the circumstances under which leave to amend the pleadings
shall be refused
30. “Every suit shall include the whole claim in respect of the cause of action”
UNIT III
31. Explain the consequences of appearance and non-appearance of parties in suits.
32. What is attachment?Explain the properties which are not liable for attachment and sale in
an execution of a decree
33. Who can apply for setting aside the sale in execution of a decree? When can sale be set
aside?
34. What are the issues in suit? How are the issues framed? What are the powers of the court
to amend or strike out issues?
35. Explain the kinds of issues and state the provisions of CPC relating to the framing of
issues.
36. What are the powers of executing court? Explain.
37. What is an ex parte decree? State the remedies available against it.
38. Explain the various modes of execution of decree.
39. Explain briefly the general principles of execution of decree.
40. What are the different modes of executing a decree in a money suit?
41. State the rules relating to arrest before the judgement and explain attachment before the
judgement?
42. Discuss about ‘Arrest before judgement’
43. Define the terms judgement and decree and state the difference between the judgement
and decree.
44. Explain the provisions of C.P.C. relating to the discovery, inspection and production of
documents
UNIT IV
45. When can a court appoint receiver? Explain the powers and duties of the receivers.
46. State the purpose for which receiver can be appointed. What are the powers and function
of receiver and when they can be removed?
47. Briefly discuss the inherent powers of Court
48. What are the pre-conditions to be followed in institution of suits by or against the
Government? Explain
49. Explain the suits of particular cases with special reference to the suits by or against the
government.
50. Examine the circumstances for invocation of revisional jurisdiction of High Court.
51. Explain the term reference. State the circumstances on which reference can be made and
how does it differ from review.
52. What is revision? How does it differ from an appeal?
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53. Under what circumstances can a reference be made to High Court?
54. State the procedure for instituting a suit by an indigent person?
55. Define inter-pleader suit. Explain the conditions and procedure relating to an inter-pleader
suit and who cannot file this interpleader suit.
56. Define Injunction. Explain the grounds and principles to grant a temporary injunction
57. Explain the CPC provisions relating to the temporary injunctions.
58. When a commissioner can be appointed? What are his powers?
59. What is a commission? What are the circumstances in which a commission may be
appointed?
60. What are appeals? State the classes of appeal provided under C.P.C.
61. Discuss the CPC provisions relating to the Appeals
62. What is the procedure for institution of suits by or against partnership firms constituted
under the Partnership Act?
UNIT V
63. ‘Limitation extinguishes remedy but not right" Explain.
64. Explain legal disability under Limitation Act.
65. Explain the salient features of Limitation Act.
66. What is the effect of legal disability on the period of limitation?
67. Discuss the provisions in the Limitation Act affording protection under legal disability.
68. “Once the period of limitation begins to run no subsequent disability or inability to
institute a suit stops it”. Discuss.
69. Explain the circumstances/ provisions in which the delay will be condoned under the
Limitation Act.
70. Discuss the effects of fraud or mistake on the period of limitation.
71. State the general rules for calculation of period of limitation for filing suit
72. What is an acknowledgement of debt? What is its effect on limitation Discuss the
provisions of Limitation Act relating to the exclusion of time in legal proceedings. State
the essentials of valid acknowledgement
SHORT NOTES
UNIT I
1. Transfer of cases
2. Kinds of jurisdictions
3. Doctrine of Res subjudice
4. Foreign judgment
5. Res judicata
6. Pecuniary jurisdiction of courts
7. Territorial jurisdiction of courts
8. Substantive law
9. Procedural law
10. Place of suing
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11. Bar on jurisdiction
12. Stay of suits
UNIT II
13. Set off
14. Written Statement
15. Misjoinder of parties
16. Joinder of parties
17. Distinguish between misjoinder and non-joinder of parties
18. Cause of action
19. Interrogatories
20. Garnishee Order
21. Counter claim
22. Substituted service
23. Verification of pleadings
24. Summons
25. Interlocutory applications
26. Prescription
27. Adverse Possession
28. Dilatory pleas
UNIT III
29. Kinds of issues
30. Adjournment
31. Arrest
32. Attachment
33. Affidavit
34. Admissions
35. Interim order
36. Distinguish between judgement and decree
37. Proclamation of sale
UNIT IV
38. Appeals
39. Arrest before judgement
40. Interpleader suit
41. Temporary injunction
42. Attachment before judgement.
43. Commission
44. Indigent Person
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45. Caveat
46. Distinguish between Reference and Review
47. Issue commission
48. Inherent powers of court
UNIT V
49. Objects of law of limitation
50. Effects of fraud on the period of limitation
51. Condonation of delay
52. Disability in limitation.
53. Easement
54. Distinction between ‘Limitation’ and ‘Estoppel’
55. State the period of limitation and when does the time begin to run in any two of the
following:
a) A suit for arrears of rent
b) Suit by a mortgage for foreclosure
c) Application for the execution of decree
PROBLEM BASED QUESTIONS
1. The court is closed on the last date of limitation period. ‘Z’ seeks extension of limitation
period on that ground. Will he succeed?
2. ‘Q’ seeks condonation of delay for not preferring an appeal within the period of limitation
because of engrossing in his marriage. Is it condonable?
3. ‘A’s wife refused to return to her husband and allow him the exercise of conjugal rights.
What is the period of limitation for ‘A’? Decide.
4. “I admit the loan, but I have since repaid the amount”. Is it sufficient acknowledgement.
Decide.
5. X takes the debt from Y under oral terms. X gives a written acknowledgement, after
expiry of two years. Then he pleads sorry for not paying the debt yet. Determine the
validity of acknowledgment.
6. Right to sue arises to ‘P’ during his minority. ‘P’ dies one day after attaining majority. He
is succeeded by his son ‘K” who is a minor. Determine the effect on the period of
limitation.
7. Shankar was the trustee of a trust. After Shankar’s death, Anil wrongfully takes the
possession of the trust property. Rohan the son of Shankar files a suit for recovery of
possession of the property against Anil as a legal heir and in his individual capacity. But
Rohan did not succeed. Then Rohan files another suit for recovery of trust property
against Anil in the capacity of a trustee, as he is appointed as a trustee after the death of
Shankar. Can Rohan succeed in this case?
8. A textile manufacturing company having its Head Office at Bangalore, had branch offices
at Hubli, Mysore and Mangalore. A dispute cropped up between Mr. Babu and Prakash
Transport Company in respect of transaction through Hubli office. Mr. Babu files a suit in
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respect of the dispute against the company in the court of Mangalore. Is the court of
Mangalore is competent to decide the case? Give reason.
9. A suit was instituted by the plaintiff firm alleging infringement by the defendant company
for using the trade name on their product with the same combination as that of plaintiff
firm. A subsequent suit was instituted in a different court by the defendant company
stating the same allegation. Advice the plaintiff frim with the step to be taken in
accordance with law.
10. Rama filed a suit against Krishna for declaration of ownership on the property stating that
he has purchased under a registered sale deed. Subsequently he seeks to amend the plaint
claiming that the property was granted to him by the government. Can he succeed?
Discuss.
11. Ramesh is a permanent resident of Belagavi and Ashok is a permanent resident of
Dharwad. Ramesh has taken a loan from Ashok at Belagavi. He has not repaid the loan
till today. Ashok has instituted a suit for the recovery of the said loan, against Ramesh at
Dharwad. Ramesh has raised objection as to the jurisdiction. Decide.
12. Mahesh had sued Anirudh for defamation. The suit was decided in favour of Mahesh.
Anirudh has preferred an appeal against the judgement of trial court. Mahesh died during
the pendency of appeal. LRs (Legal Heirs) of Mahesh have applied for being impleaded
as respondents. Decide.
13. Ketan is a tenant in the house of Sameer for last 30 years. Sameer is now in need of the
house for his own occupation. He has filed a petition for eviction against Ketan. Ketan
contends that he has become owner by adverse possession. Decide.
14. ‘A’ residing in Delhi publishes in Calcutta statements of defamatory to B. The newspaper
is circulated in Bombay, Madras and Raipur. B wants to file a suit against A. Where he
can sue? Advise him
15. ‘A’ enters into an agreement jointly with B and C to sell 100 tins of oil. A thereafter
refuses to deliver the goods. ‘B’ and ‘C’ together want to file a suit for damages against
‘A’. Can they do so? Advise them.
16. Subhash is a permanent resident of Bellary and Anand is a permanent resident of Kolar.
Subhash has made an agreement with Anand at Bellary for supply of certain quantity of
paper every month. The parties to the agreement have agreed that if any dispute arises
between them, the same shall be subject to the jurisdiction of Civil Court at Tumkur.
Decide the validity of the agreement
17. Ramesh has taken a loan of Rs. 50,000 from Ashok on 20-10-2010. He has not repaid the
loan till today. Ashok has instituted a suit against Ramesh for the recovery of the said
loan, on 15-9-2015. Ramesh has not raised any objection regarding limitation, in his
written statement. Can the Court hear and decide the suit?
18. ‘A’ sues ‘B’ in a foreign Court. The suit is dismissed. Thereafter, ‘A’ wants to file the
same suit against ‘B’ in India on the same cause of action. Whether he can institute a suit
– Decide.
19. ‘A’ files suit against ‘B’ to recover money on a pronote. ‘B’ contends that the said pronote
was obtained from him by undue influence. Can ‘B’ succeed in his contention. Decide.
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20. At the time when the cause of action arose, Mr. X was full of age and sound mind. But the
fact that he shortly afterwards becomes insane. Can this fact affect the running of time of
limitation? Decide.
21. Anil has instituted a suit against Suresh for the recovery of a loan alleged to be advanced
by Suresh. Suresh has appeared in the suit but has not presented his written statement.
Anil contends that not presenting written statement amounts to implied admission of all
facts in the plaint. Decide
22. Ramesh has instituted a suit against Keshav for recovery of loan. While instituting the
suit he claimed only the principal amount, omitting the interest by over sight. Now he
wants to claim interest. Advise him.
23. Santosh has taken a loan of Rs.50,000 from City Bank on 10-5-2013. He had a fixed
deposit of Rs. 75,000 in the same branch of City Bank, which matured on 16-10-2017.
The Bank deposited the proceeds of the fixed deposit in the SB account of Santosh, after
deducting the loan amount and interest thereon. Santosh wants to recover the amount so
adjusted by the Bank. Advise him.
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