<br>

QUESTION INDEX

CHAPTER 1
PRELIMINARY
Give a short history of the Code of CivilProcedure.
1,
19
2. What is the Object and Scope
of Code of Civil Procedure? 19
3. Explain the Framework and Scheme the Code.
of 20
4. Whether amendments can be made in the
Code by the High Courts ? 21
If yes, to what extent?
5. Give a brief of objects and characteristics
of important changes 21
brought about by the Amendment Act, 2002.
6. Is the Code complete and exhaustive in
itself ? 23
7. Define and explain Decree as used in C.P.C.
23
8. Discuss essential elementsof a decree
citing important case law on 25
the subject.
9. Describe in brief the classes of decrees recognised
by the Code. 26
10. Point out distinction between Decree and Order.
30
11. Give some examples of the orders which are decrees.
30
12. Define Decree-holder.
31
13. Cana defendant be a decree-holder ?
31
14. Define the following terms
31
(i) District Court, (ii) Foreign Court, (iii) Foreign
Judgment,
(iv) Govt. Pleader, (v) Judgment, and (vi) Judgment debtor.
15. Define the term
'legal representative'. 32
16. Define Mesne Profits'.
33
17. Define 'movable property'.
34
18. Define Order. Give some examples orders
of which do not amount 34
to decree.
19. Who isa 'publicofficer according to C.P.C. ?
35
20. Define jurisdiction and discuss the powers
and functions of differ 36
ent Civil Courts according to their
territorial and pecuniary juris
diction as contained in the Code of Civil Procedure.
CHAPTER 2
SUITSIN GENERAL
1. Explain, inbrief, the statement that the courts
try have jurisdiction to 38
all suits unless barred.
2. Give some examples
of suits of Civil nature with reasons. 40
3. Give some instances
of suits which are not of Civil nature ? 41
<br>

4. Under what conditions a suit be stayed ? Or 42

State in brief object and conditions for applicability of Sec, 10
5. Discuss in detailthe conditions which are necessary to constitute.
'Res-judicata'.What is meant by 'constructive res- judicata' ?
2
When can a matter bc res-judicata between co-defendants
a
6. 50
7. How far is rule of Res-judicata applicable to execution proceed.
ings ?
8. Distinguish "res-judicata" from "res-subjudice". 52
9. Distinguish "res-judicata" from "estoppel". 52
10. Discuss the principle of res-judicata in the following proceed- 53
ings: re
(i) Application for amendment of decree, (ii) Application for
view, (iii) Waiver of plea of res-judicata, (iv) Conflicting decrees,
(v) Income-tax proccedings, (vi) Suit for eviction of tenant.
11. State whether a compromise decree and an order in claim proceed-
54

ings operate as res-judicata.

12. Define Foreign Judgement. State when Foreign Judgement is not 54
p conclusive.
55
13. State the provisions and jurisdiction of courts for institution of
suits with reference to Civil Procedure Code.
14. Describe the general power of transfer and withdrawal of
cases 59

conferred upon different Courts.

15. When should any objection as to the local or pecuniary jurisdiction 60
of the Court in regard to the place of suing of any suit be raised?
16. Explain the different stages in the progress of a suit from the time 61

of the institution, tillit is finally determined.

17. What do you understand by misjoinder of parties ? 63
18. Define a cause of action. Also explain misjoinder of causes of ac 64
tion.
19. What do you understand by a suit of a representative character? 65
State the particularsof special procedure, if any provided for such
a suit by the Civil Procedure Code. Is the decree in such a suit
binding upon person not actually impleaded in the suit ? If so, on
what principles of law and justice ?
20. Write short note on "Summons'. 66
21. Discuss the rules concerning Delivery of Summons by Court. 67
22. Describe the ordinary modes of service of summons. 68
23. Write short note on Substituted Service. 68
24. By what means an unwilling witness be compelled to give
evi
69
dence ?
fundamental
25. What is pleading of parties ? Explain its object and 69
rules regarding pleadings.
<br>

26. In what circumstances does the court allow amendment of plcad- 71

ings ? Discuss.
27. Under what conditions amendments can be refused ? 72
28. What are the essential particulars to be contained in the plaint? 73
29. In what cases plaint can be rejected by a Court ? Does it preclude 74
the plaintiff from filing a fresh suit ?
30. What do you understand by defence ? Is there any form of defence 75
provided in C.P.C. ?
31. Discuss the rules concerning production of document on which 76
plaintiff sues or relies.
32. Discuss the rules concerning duty of defendant to produce docu 76
ments upon which relief is claimed or relied upon by him.
33. What is a legal set-off ? 77
34. State the provision in the Civil Procedure Code relating to proce 78
dure when party fails to present written statement called for by the
Court.
35. What is equitable set-off ? 78
36. What are the conditions for application of the rule of legal set-off ? 79
37. What is the distinction between legal and equitable set off ? 80
38. Define counter-claim? Distinguish between counter-claim and set 81
off.
39. What course has to be followed by the Court at the hearing of the 82
suit both the parties are absent? What remedies are open to the
aggrieved party against any order in such a case.
40. What course has to be followed by the Court when at the dismissal 83
of suit where summons not served in consequence of plaintiff's
failure to pay cost ?
41. What should a Court do when plaintiff is present and defendant is 83
absent? What remedies are available to defendant in such case ? Or
When can an ex parte decree be passed and when can it be set
aside ?
42. What are the consequences of plaintiffs failure to appear when 84
defendant is present? What remedy is available to plaintiff ? Or
Can plaintiff bring fresh suit, if previous suit is dismissed in his
default while defendant was present ?
43. Describe briefly provisions of R. 13 of Order IX. Whether rule is 85
applicable to execution proceedings ?
44. Definite 'sufficient cause'. Is there any material difference between 86
'good cause' and 'sufficient cause'?
45. What is meant by 'Discovery'? Explain the provisions relating to 87
discovery as laid down in the Code ?
46. Point out distinction between (i) interrogatories and cross-exami 89
nation, (ii) Pleadings and interrogatories.
<br>

cxamination of parties by the Coe

47. Discuss the rules concerning 89
concerning framing of issues.
48. Discuss the rules
inspection of documents in the 91
49. What are the provisions regarding
Code ?
many kinds of admission have heen
50. What are admissions ? How 92
mentioncd in the Code ?
to be produced ?
51. When are original documents required 93
of the documents.
52. Discuss the rules concerning returning 94
power to amend and strike out issues
53. Discuss the rules concerning 94
a at its first 0
54. In what circumstances can Court dispose of suit
a

hearing ?
55. Explain in short provisions relating to Adjournment. 95
an 07
56. Discuss the rules concerning recording of evidence. Whether
affidavit be submitted as examination in chief ?
57. Discuss the rules concerning affidavit. 98
58. Write short notes on 98
i) Interest, (ii) Costs, (iii) Compensatory costs.
CHAPTER 3
EXECUTION
1. (i) What do you mean by execution of decree or orders ? 102

(i) Who can make an application for execution and against whom 102
application is to be made?
2. Under what circumstances can the decree-holder apply to have the 102
decree transferred to another Court for execution ? Or
By what Courts decree is to be executed and when can the decree
be transferred to another Court ?
3. What are the powers of the transferee Court in executing trans- 103
ferred decrees ?
4. Explain the procedure, which the Courts should adopt to enforce 104
execution.
5. Define 'Precept'. 104
6. Explain in brief Garnishee Order'. 105
a
7. What questions are to be determined by Court executing decree 105
and what not ? Or
What questions can be raised u/s 47 of the Code ? Also give excep
tions.
8. Can a Court executing decree, enforce an agreement modifying, or 107
altering the term of the decree ?
9. Enumerate different modes by which a Court may enforce execu- 107
tion of decree.
10. Mention the circumstances when execution by detention in prison 108
may be ordered, when the decree is for payment of money and also
<br>

mention the circumstances when person detained in execution may

be released.
11. State the modes of execution of the following decrees:
(i) Decrec for payment of money; 110
(iü) Decree for specific performance of a contract or for an injunc- 110
tion ;
(iii) Decree for delivery of immovable property: 110
(iv) Decree for execution ofa document or endorsement of nego- 111
tiable instrument.
(v) Decree for restitution of conjugal rights ; 112
(vi) Decree for any specific movable property; 112
(vii) Decree against a firm. 112
12. (i) Discuss and explain-“A Court executing a decree cannot go 113
behind the decree'.
(ii) What are the exceptions to this rule ? 113
13. Enumerate the various properties which are exempt from attach- 114
ment in execution of decree under the Code of Civil Procedure.
14. What the decree-holder will do in the following circumstances
Or
What courses are available to decree-holder
a
(a) Where the judgment debtor dies, before the decree is fully 116
satisfied ?
(b) Where the legal representative of judgment-debtor, who has 116
been brought on record, dies before the decree is fully satis
fied ?
(c) Where the debtor dies before the decree ? 117
(d) Where a decree is against a wrong person as legal representa- 1T7
tive ?
15. How is the decree against a firm executed ? 117
16. What properties are not liable for attachment or sale ? 118
17. What properties are liable to attachment and sale in execution of 119
decree ?
18. Explain the procedure of sale of the property attached in execution 119
of decree.
19. Briefly explain
(a) Attachment of Property. 120
(b) Private alienation of property after attachment is 121
void.
20. Under what circumstances the decree can
be attached ? 122
21. What is meant by stay of execution? When may a Court stay ex-
125
ecution and upon what conditions
?
22. When does an auction sale in execution of a decree become abs0- 124
lute? When can it be set aside.?
<br>

are objections open to an auction purchaser–

23. What the
decree-holder ? 126
(a) to the to a sale ?
debtor with regard 126
(b) to the judgment
the following decrees-
24. Discuss the validity of a dead person in ignorance
of
his 127
(a) A
decree passed against
death.
A
decree in favour of a minor suing as an adult. 127
(b)
sued as a minor. 127
(c) Adecree against adult cases
25. What should the decrees in the
following particular contain
recovery of immovable property. 127
() Suit for property. 128
(ii) Suit for deliveryof movable
Suit for possession of immovable property and mesne-profits 128
(iii)
129
(iv) Administration suit.
or partnership accounts. 129
(v) Suit for dissolution of partnership
agent. 130
(vi) Suit for account between principal and
a share. 130
(vii) Suit for partition or separate possession of
(viii) Decree allowing set-off, or counter-claim.
131
131
(ix) Suit for Pre-emption.
a 132
26. On what points does an auction sale of immovable property by
Court differ from such a sale of movable property ?
ex- parte 132
27. Whether a compromise entered into prior to passing of
decree can be filed after passing of such decree ? Discuss the proper
course for filing of such a compromise.
28. (a) What is meant by 'rateable distribution of assets' ? 132
(b) What is the object and scope of Section 73 of C.P.C. ? 133
(c) What are the essential pre-requisite conditions in this regard ? 134
29. (a) Whether the government has any priority in execution u/s 73 135
of CPC?
(b) Whether failure to claim rateable distribution will be detri- 136
mental to separate execution by a decree-holder?
(c) Whether it is necessary that assets of judgment-debtor should 136
have been realised by the Court in execution ?
CHAPTER 4
INCIDENTAL PROCEEDINGS
1. Explain the object and scope of Order 22. 136
2. In what cases suit or appeal does not abate on death of the party ? 137
Also give exceptions.
3. Write in short what procedure will be adopted in the following
cases :
(a) Where one of several plaintiffs or defendants dies and right to 138
sue survives.
(b) Where one of several plaintiffs or sole plaintiff dies, 138
<br>

(c) Where one of several defendants or sole defcndant dies. 139

(d) Where there is no legal represcntative. 139
4, (a) What steps should the plaintiff take if the sole defendant dies 140
or if one of the defendants dies ?
a
(b) How, when, and on what grounds can an abatcment of suit 140
be set aside ?
5. (a) Can a legal reprcsentativc of a deccascd defendant be allowed 140
to take up a defence other than the onc taken by the previous
defendant, and in what circumstances the legal representative
can depart from the original plcading ?
(b) Enumerate the cases in which a suit or appeal is held to abate, 141
as against deceascd defendant or respondent only and the cases
in which suit or appeal is held to abate as a whole.
6. (a) Does a suit abate if after the conclusion of the hearing but 142
C
before the pronouncement of the judgment one of the parties
dies and his legal representatives are not brought on record ?
(b) Does the rule of abatement apply equally to execution pro- 142
ceedings and appeals ?
(c) What is the effect of abatement of suit or an appeal and how 143
can it be set aside ?
7. Does a suit abate in the following cases
(a) By marriage of female party; 143
(b) By insolvency of a party ; 143
(c) By assignment before final order. 143
8. (a) Under what circunstances the Court can allow withdrawal of 144
suit ?
(b) What are the consequences of withdrawal without permis- 144
sion ?
9. Whether the right of the plaintiff to withdraw the suit is unquali- 144
fied ? Discuss.
10. When shall a Court order for recording an agreement or a compro- 144
mise between the parties ?
11. Can a compromise decree be set aside if the consent to compro- 145
mise was obtained by fraud ?
12. Can an agreement or compromise be entered in a representative
.

145
suit without leave of the Court ? Or
State the procedure for entering in an agreement or compromise in.
a representative suit.
13. (a) In what cases the Court may issue commission to
examine a 146
witness residing within Court's jurisdiction ?
(b) To whom such commission may ke 146
be issued.
14. For whose examination Court may issue commission 2 147
<br>

15. whose application or at whose

On instance commission may
issued ? be l48
of : a
are the conditions for inadmissibility statement of a
16. What
wit-
ness recorded on commission ? l48
Discuss when depositions taken on oath may Or
be read in evidence.
17. In what cases commission for examination of witnesses may be
issued ? \49
Or
When a Court may order examination of a witness on commis
sion ?
18. When and for what purposes, the Court may issue Commission
for 150
local investigation ? Also write procedure of Commissioner in Such
matters.
19. When and for what purposes the Court may issue Commission for
scientific investigation ?
1s
20. When and for what purposes the Court may
issue commission for 15)
performance of ministerial acts
21.
?tho
When and for what purposes, the Court may
the sale of movable property ? issue Commission for 15)
22. When and for what purposes the
Court may
examination and adjustment accounts ; issue commission for 153
of
Whether Commissioner can Or
seize account b0oks of any party ?
23. When and in what cases the
Court may
ing partition of immovable property issue Commission for mak- 153
?
tween an arbitrator and a Commission What is the difference be
?
24. Whether the provisions
of Order 26 are applicable to Execution
proceedings ? If so, upto what extent 154
?
25. Enumerate the various powers a
26. In what cases, upon whose
of Commissioner. 154
may be issued at application and to whom Commission 154
the instance of Foreign Court
procedure of Commission ? Also mention the
in such cases.
CHAPTER5
SUITS IN PARTICULAR CASES
1. Discuss "Notice" u/s 80
of the Civil Procedure Code.
2. (a) What steps would you 155
take
officer or the Government for filing suit against a public 157
and with what object ?
(b) Howshould you execute a decree
against a public officer
the Government ? of 157
(c) Is a publicofficer exempted
from arrest and personal appear-
ance ? 157
3. What should a public
officer do on receiving asummons
complaining of an act purporting to of a suit 157
official capacity and how have been done by him in his
a
should a Government appear
pleader
public officer ? for
<br>

?
4. How is asuit by Aliens and foreign States instituted 159
5. How suits against foreignRulers, Ambassadors and Envoys, High 159
Commissioners of Commonwealth countries and their staff may be
instituted ?
6. How suits by or against Military or Naval man or Airman
may be 160
instituted ?
7. What are the provisions of C.P.C. that apply to suits by or against 161
corporations ?
8. How suits by or against firms and persons carrying on business in 161
names other than their own may be instituted ?
9. (a) Describe the mode in which the service can be effected in a 162
suit against a firm.
(b) Where a partner of a firm has died, how will the suit proceed ? 162
10. State the rules as laid down in C.P.C. regarding institution of suits 163
by or against trustees, Executors and Administrators.
11. (a) How is a suit by or against a minor instituted ? 163
(b) What is the effect of a suit in which minor has sued or has 164
been sued without observing the prescribed rules of proce
dure ?
12. (a) When is an agreement or compromise on behalf of a minor 165
plaintiff or a minor defendant made valid ? If the prescribed
rule is not observed, what will be the effect on the decree
based on compromise ?
(b) What course is to be followed by minor plaintiff or applicant 165
attaining majority ?
13. (a) What do you understand by suits "in forma pauperis" ? Write 166
a short note on the provisions for permitting such a suit to
be
instituted.
(b) What order should be passed with regard to payment of court- 168
fees or costs in a suit where an indigent person succeeds or
fails ?
14. (a) How can the plaintiff failing to sue as an
indigent person get a l69
relief ?
(b) When is a plaintiff dispaupered ?
169
15. (a) What sort of a preliminary or
final decree is passed in a suit 169
for redenption of a mortgage ?
(b) State power of Court to extend time for payment a
in suit for 170
redemption ?
16. What kind of preliminary and
final decree is passed in foreclosure 170
suit ?
17. (a) How is the deficiency
realised from the mortgagor when
net proceeds of the sale are the 172
gagee ? insufficient to pay up the mort
<br>

get a decree for the amount over-paid to a 172

mortgagor
(b) Can the
mortgagee ? a suit for sale, when a de-
172
2, Rule 2. CP.C. bar
18. (a) Does Order mortgage money is outstanding
?
cree for payment of the 172
A sue of the mortgaged property on the simple
(b) Can for sale
usufructuary mortgage and claim to
mortgage free from the the amount due
upon the
the sale proceeds
be paid out of C.P.C. ?
usufructuary mortgage under 172
Suit ?
19. What is an Interpleader necessary to an 173
facts are be stated in the plaint of
20. What additional
Inter-pleader suit ?
procedure taken at the first hearing of the suit? Or 174
21. What is the such suit.
with regard to procedure of
State the provisions of Code Discuss.
1
74
"Agent and tenant may not institute inter-pleader suits."
22. CHAPTER 6
SPECIAL PROCEEDINGS
you understand by special cases or friendly cases ? State 175
1. What do
their procedure also. 176
2. Define nuisance. State the remedies
available in respect of public
nuisance. 177
3. What provisons have been made under
Civil Procedure Code relat-
?
ing to settement of disputes outside the Court
4. What is the object behind Sec. 92 providing for suit relating
to 178
public charities ?
5. What are the essential requisites for the application of
sec. 92 ? 179
6. What relief or reliefs may be granted in a suit u/s 92 ? 180
7. What procedure should be followed in a suit concerning a public 180
charity ?
CHAPTER 7
SUPPLEMENTAL PROCEEDINGS
1. Write short note on “Attachment before judgement." 181
2. State the grounds on which the court can order attachment before 182
judgment.
3. State the grounds on which the Court can order arrest before judg- 182
ment in a suit pending before it.
4. What is the remedy of a person against whom an order for arrest 183
has been obtained on false and insufficient ground ?
5. (a) What is the effect of an attachment before judgment on the 184
rights of strangers or decree holder other than the plaintiff ?
(b) Is agricultural produce attachable before judgment ? 184
6. Give instances of some suits in which order of arrest can not be 184
passed.
<br>

? What are the provisions

re- 184
7. (a) What is temporary injunction
?
garding issue of temporary injunction
hearing the opposite 186
(b) Can a court grant injunction without
party ?
granting temporary injunction be cancelled or modi- 187
8. Can the order
fied ?
an interlocutory order ? 187
9. (a) What is
an interim sale ? 188
T
(b) When can a Court order
arrest, attachment 188
10. Will the defendant be compensated for obtaining
or injunction on insufficicnt ground ?
or continuance of breach'. 188
11. Injunction is issucd to restrain repetition
Explain.
an ex-parte order issuing injunction 189
12. Whether an appeal lies against
consensus of the opinion of
under Order 39, C.P.C. ? Explain the
different High Courts on the subject.
issue ofa 189
13. (a) What is the effect of private alienation after the
a
temporary injunction ?
? 189
(b) What is the effect of a private alienation after attachment
189
14. Discuss the powers of a Civil Court in regard to the appointment
of receiver.
a
15. Discuss the principles upon which Court
can appoint a receiver in 190
Sa suit.
16. What is the legal status of a receiver appointed byy Court ? 191
17. Mention briefly the powers and duties of a receiver. 191
18. Who can be appointed as receiver ? 191
19. Write brief note regarding duration of the office of receivership. 192
CHAPTER 8
APPEALS
1. "An appeal is a creature of Statute." Discuss. 192
2. Describe the kinds of appeal in short. 193
3. Who may appeal ? Describe. Or 194
Who is the person competent to file appeal ?
4. Describe the form and contents of an appeal. Also describe the 195
grounds which can be raised in appeal.
5. What are the grounds that can be taken for the first time in appeal ? 196
6. Describe the procedure from the filing of an appeal till the final 197
hearing.
7. What are the powers of an appellate Court in deciding an appeal ? T
8. When can an appellate Court send the case back on remand ? T99
9. Can one of the several plaintiffs or defendants obtain reversal of 200
whole decree ? If so when ?
<br>

10. When and on what ground and by which Court can the execution
201
of a decree be stayed ?
11. What is the effect of an uncommunicated order of stay ?
201
12. When can an additional evidence be taken in the appellate Coourt
201
and in what manner ?
13. Can a decree be varied or reversed in appeal for error or irregular-
203
ity in procedure or misjoinder of parties or of causes of action 9
14. What are the essential contents in an appellate judgment ?
203
15. What arc the contents which
a
decree of an appellate Court should
204
contain ?
16. (a) Can an appeal be filed from a consent decree ?
204
(b) Can in an appeal fromthc final decree, the correctness of
preliminary decree be challenged ?
17. What do you understand by 'Doctrine of merger' ? How does it
apply ?
the 204
.
18. (a) Explain the tern 'second appeal' with reference to the pro- 20s
nouncement of the Supreme Court.
(b) Enumerate and explain the grounds on which a second appeal 206
may be preferred to the High Court.
(c) Is there any restriction regarding valuation for the maintain- 206
ability of a second appeal ?
(d) Explain the term No further appeal in certain cases".
207
19. Under what circumstances the High
Court on second appeal, de- 208
termine question of fact ?
20. Give some instances of findings on
law where second appeal would 209
lie?
21. What are the restrictions imposed
in filing of secondappeal ? 210
22. What are the pleas which can be
raised for the first time in second 210
appeal ?
23. Whether an appeal lie from an order, so,
if from which order ? Or 211
Enumerate the appealable orders.
24. When and on what grounds
Court ?
does an appeal lie to the Supreme
212
25. Indicate clearly the procedural
formalities which a party has to Com-
ply with, in order to have a 214
valid appeal before the Supreme
Court.
CHAPTER
REFERENCE,REVIEW 9.
AND REVISION
1. Explain Reference.
2. When does a Reference 215
lie and to which Court ?
3. Which Courts can make 216
reference ? Also state the
dealing with such reference. procedure for 217
4. What meant
is by 'stating a case'?
218
<br>

5. Explain Review. 218

6. Onwhat grounds does areview lie ? To whom may the application 219
for review be made?
7. What is the form of an application for review and what is the pro- 221
cedure to be followed ?
8. (a) State and explain the revisional power of High Court under 222
the Code of Civil Procedure.
(b) State whether High Court can vary or reverse any order made 225
in the course of suit ?If yes, under which exceptional circum
stances ?
9. What is meant by 'case decided' ? 226
10. Whether on order of the trial court on question of law involving its 228
jurisdiction can be interfered with in revision ?
11. Point out distinction between 229
(a) Revision and Review, (b) Appeal and Reference, (c) Appeal
and Revision, (d) Second appeal and Revision, (e) Reference and
Revision, () Reference and Review, (g) Review and appeal.
12. When can an appeal be converted into a revision ? 233
CHAPTER 10
SPECIAL PROVISIONS RELATING TO
CHARTERED HIGH COURTS
1. Which provisions or part of the Code of Civil Procedure will apply 234
to the chartered High Courts and which not ?
2. Can an unauthorised person address to High Court ? Or 235
Who may address to High Court ?
CHAPTER 11
MISCELLANEOUS
1. Enumerate the persons who are exempted from personal appear- 235
ance in the Court.
2. Which persons cannot be arrested in civil process ? Or 236
Who are exempted from arrest under civilprocess ?
3. Explain and illustrate the principle of Restitution. Or 237
What is meant by Restitution ?
4. What are the essential requisite conditions for applicability of Res- 238
titution ?
5. Discuss in brief, the scope and object of principle of Restitution. 239
6. Whomay apply for, Restitution ? 239
7. Against whom restitution can be granted under Section 144 ? Or 239
Against whom right of restitution can be enforced ?
8. What Court can grant Restitution ? Or 239
What is meant by the phrase The Court which passed the decree
or order" used under Section
144 ?
<br>

under, Section 144

nature of proceedings for restitution n 240
9. is the principle of Res-judicata is
What applicable to these
and whether
ceedings ? portion after the varia-
filed the
for regaining of the 240
10. Can any suit
be
the decree ? a.
tion or reversal of restitution is appealable 9
on application of
11, Whether decision
concerning right to lodge a caveat. 241
12. Discuss the rules What is their object ?
powers of the Court
? 241
13. What are inherent
scope of inherent powers of a Court
? 242
14. Explain the powers
some cases in which Court can exercise its inherent 244
15. Give 247
Court cannot invoke its inherent power when there
16. Comment-The
is specific provision."
some cases in which Court has no inherent power to be exe- 247
17. Give
cised.
a person aggrieved by an order under 248
18. What remedy is available to
Section 151 of CPC ? Or
151
Whether any appeal lies from an order passed under Section
of
the Code?
19. On what grounds may the amendment of judgment and decree
or 248
N

order is to be ordered by the Court ?

20. Can the Court correct a clerical mistake or an error arising from an 249
accidental slip or omission and to vary its judgment so as to give
effect to its meaning and intention ?.: Discuss. iti
21. Which party in suit has the right begin hearing ? What are the 249
a to
procedures relating to production of evidence by the party begin
ning and the other party ?
22, Discuss the procedure for attachment of salary and
government employee anda private employee
allowances of a 250
cree. To what extent is the salary a person in execution of de
of attachable in execution
of a decree ?
23. What is an issue ? How many types
issues can be framed by a 252
Caurt 2 It there any time for framing ofofissues
in a What are the
effects of framing or nonframing of issues in suitsuit'?
?
24. Write short note on the following :
(a) Facta probanda' and "Facta Probantia'; (b) Umpire. (c) 253
Eror
of law and facts
25. Narrate the principles regarding *"denial" by a
defendant in his W,
C. Writ
ten Statement as set forth in C. P, 257