L.K.

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Q.1. A filed a suit for partition of some property against C and Din a civil court in Rampur on 1 st January 1995. C and D also filed a suit against A for partition of tire same property on f July 1995 in the District court at Shyampur. C and D then made a prayer before the civil court at Rampur that proceedings in that court be stayed because it is the court of tower jurisdiction than the district court at Shyampur, Will the court accept their prayer? (CS Inter June 1997) Q.2. A suit was instituted by the plaintiff company alleging infringement by the defendant company by using trade name of the biscuits and selling the same in the packing of identical design, etc. as that of Plaintiff Company. A subsequent suit was instituted in a different court by the defendant company against the plaintiff company with the similar allegation. Discuss the validity of the subsequent allegation. Q.3. A filed a suit against B for obtaining the estate of C on the ground that C had given the estate to him by his will. A failed to prove the will. Hence his suit was dismissed. Now, A files a fresh suit to get the estate ofC on the ground that he is the nearest heir of C. Will he succeed?(CS Inter June 1995) Q.4. State few suits of civil nature.
The following are suits of a Civil nature:

(a) (b) (c) (d) (e) (f) (g) (h) (i) (j)

Suits relating to right to property. Suits relating to right to worship. Suits relating to share in offering. Suits for damages for civil wrongs. Suits for specific relief. Suits for rent. Suits for restitution of conjugal rights. Suits for dissolution of partnership. Suits for or on accounts. Suits for damages for breach of contract etc.

Q.5. Distinguish between the Res judicata and stay of suits. (CS EP June 2009) (a) Res Judicata relates to suits already decided by a court of competent jurisdiction. (b) Stay of Suit or Res Subjudice relates to identical suits pending for trial on different courts having jurisdiction to try the suits. (c) Res Judicata bars the trial on matters directly or substantially in issue in a previous suit which has already been finally decided. Q.6. X, Yand Z own a house at Delhi; a shop at Bombay and a firm at Ajmerin Rajastan, They made a partition of this property by an agreement at Jaipur. X, being aggrieved by this partition, files a suit for challenging this partition in a court at Delhi. Y and Z raised an objection that the suit should have been filed in court in Jaipur. How will the court decide this issue? Q.7. X resides in Bombay, Y at Delhi and Z at Chennai. X, Y and Z being together at Calcutta, Y and Z make a joint promissory note payable on demand, and deliver it to X. Where can X sue Y and Z for amount of the promissory Note? (CS Inter June 2000)

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Q.8. Discuss different types of jurisdiction of courts. (a) Territorial or local jurisdiction Every court has its own territorial limits beyond which it cannot exercise its jurisdiction. (b) Jurisdiction regarding subject matter Different courts have been empowered to decide different kinds of suits. Certain Courts are not allowed to entertain certain suits. For example presidency small causes court has no jurisdiction to try suits for specific performance of a contract, partition of an immovable property or redemption of a mortgage etc. (c) Original and appellate Jurisdiction By exercising original jurisdiction, a court entertains and decides suits; whereas by exercising appellate jurisdiction, the court entertains and decides appeals. The court of senior Civil Judge, Junior Civil Judge and of the small causes court have original jurisdiction. The Courts of District judges and High Courts have original as well as appellate jurisdiction. (d) Pecuniary Jurisdiction A court will have Jurisdiction only over those suits the value of the subject matter of which. does not exceed the pecuniary limits of Its jurisdiction, For example in Andhra Pradesh, if the valuation of a suit does not exceed 10,000/ such suit would have to be filed in a small causes court. Q.9. Discuss the provisions for issue of summons and its delivery as provided in the Code of Civil Procedure, 1908, (a) Issue of summons (Section 27) Where a suit has been duly instituted, summons may be issued to the defendant to appear and answer the claim and may be served in manner prescribed on such day not beyond 30 days from the institution of the suit. (b) Delivery of summons (Section 28) (c) A summon may be sent for service in another State to such court and in such manner as may be prescribed by rules in force in that State. (d) The court to which such summon is sent shall on receipt thereof, proceed as if it had been issued by such court and shall then return the summons to the court of issue together with the record, if any, of its proceedings. (e) Where the language of the summons sent for service in other State is different from the language of the record, a translation of the record in Hindi, where the language of the court issuing such is Hindi, or in Hindi or English, where the language of such record is other than Hindi or English, shall be sent together with the record sent. (f) Service of foreign summons(Section 29) Summons issued by any Civil or Revenue Court to which the Code does not apply or Courts outside India established outside India or to which the Code applies may be sent to the Courts in the territories of which this Code extends as if they are summons issued by the court. (g) Interim order (Section 30) The Court may at any time either of its own motion or on the application of any party, make such order as may be reasonable relating to delivery of summons, admission of documents etc. or to file affidavit to prove any act. (h) Penalty for default Section 32.The Court may compel the attendance of any person to whom summons has been issued and for that purpose may (i) issue a warrant for his arrest; (ii) attach and sell his property; (iii) impose a fine upon him not exceeding Rs.5000/; (iv) order him to furnish security for his appearance and in default commit him to civil prison.

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Q.10. Answer True or False to the following: (a) No court shall proceed with the trial of any suit in which the matter in issue is also directly or substantially in issue in a previously instituted suit between the same parties. True : Section 11 of the Code of Civil Procedure, 1908 provides that no count shall proceed with t he trial of any suit in which the matter in issue is also directly or substantially in issue in a previously instituted suit between the same parties. (b) Res Subjudice relates to identical suits pending for trial on different courts having jurisdiction to try the suits True : The rule of res judicata is founded on consideration of public policy. No individual should be vexed twice for the same kind of litigation. (c) Summary procedure means a court procedure used for less serious offences, instituted by a complaint and tried without a jury. True : A summary suit is intended to facilitate the speedy disposal of cases. The object is to guard delaying tactics. (d) (d)Every suit by a minor shall be instituted in his name by a person who in such suit shall be called the next friend of the minor True : As provided in Order XXXII. every suit by a minor shall be instituted in his name by a person who shall be called the next friend of the minor. (e) The judgment precedes the decree. True : The decree is the operative part of the judgment which is mentioned at the end of the Judgement. (f) The pendency of a suit in a foreign court does not preclude the courts in India from trying a suit founded in the same cause of action. (CS Inter June 2008) True: EXPLANATION to Section 10 C.P.C. says that the pendency of the suit in a foreign Court does not prevent the courts in India from trying a suit on the same cause of action. (g) A declaratory decree is a decree passed to prevent the violation of a negative act.(CS EP Dec. 2008) False: A declaratory decree is a decree of a court which determines the rights of parties without ordering anything to be done or awarding damages. (h) Generally orders passed by the court under the Code of Civil Procedure, 1908 are not appealable but there are certain exceptions to it. (CS EP June 2009) True: As no appeal lies from an order unless it is provided in Section 104 or Order 43 C.P.C.