KSLU Solved Question Papers
Civil Procedure Code and Limitation Act
Previous Year Question Paper with Solution
B.A. LL.B. (Five Years) · Sem 9
2019 Jun Examination
munotes.in
Mumbai
B.A. LL.B. (Five Years) Sem 9 Civil Procedure Code and Limitation Act 2019 Jun Question Paper with Solutions
First published on munotes.in on 21 October 2026.
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Contents
The questions below are the paper as Karnataka State Law University set it at the 2019 Jun examination, in the order it was set.
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the 2019 Jun examination, reproduced as Karnataka State Law University set them, in the order it set them. Long reading passages are shortened to their first and last lines and our summary; the original paper prints them in full. Only the answers are ours. See the original question paper.
Duration 3 hours · Total marks 100 · 13 questions answered
How to use this volume
Solve the paper first, under exam conditions and against the clock. Then read the answers here and mark your own. Reading a solution before attempting the question feels productive and teaches very little, because recognising an answer is not the same as being able to write one.
Q1What is a "Suit" ? Describe different stages of a suit.[16]
Answer
For full marks, cover: what a suit is (not defined; Hansraj Gupta) and its four essentials; the stages in three phases, each with its provision and time limit. Before trial: steps before filing (section 80 notice; mediation in commercial suits, Patil Automation), institution (section 26, Orders IV and VII, rejection or return), summons (section 27, Order V), appearance or default (Order IX), written statement, set-off and counterclaim (Order VIII, Kailash), documents, discovery and admissions (Orders XI to XIII), first hearing and settlement efforts (Order X, section 89), issues (Order XIV, Makhan Lal Bangal). The trial: witnesses (Order XVI), evidence and arguments (Order XVIII), adjournments (Order XVII), judgment and decree (Order XX, Balraj Taneja), costs (section 35). After the decree: appeal, review, revision, execution (Rahul S. Shah); interlocutory proceedings; a table of time limits.
What a suit is
The Code of Civil Procedure 1908 does not define "suit". In Hansraj Gupta v. Dehra Dun-Mussoorie Electric Tramway Co. Ltd., (1933) 35 Bom LR 319, a company's liquidators claimed sums from the appellants by an application under the Companies Act. The question was whether that application was a "suit" for limitation. The Privy Council held on 16 December 1932 that "suit" ordinarily means a civil proceeding instituted by the presentation of a plaint. The application was not a suit.
Every suit has four essentials:
- parties, a plaintiff and a defendant;
- a cause of action, the facts that give the plaintiff a right to sue;
- a subject matter, the property or right in dispute; and
- a relief, the remedy the plaintiff asks for.
Phase 1: before the trial
Stage 1: steps before filing. Some suits need a step before the plaint. A suit against the Government or a public officer needs two months' notice under section 80. A commercial suit not seeking urgent interim relief needs pre-institution mediation under section 12A of the Commercial Courts Act 2015. In Patil Automation Pvt. Ltd. v. Rakheja Engineers Pvt. Ltd., decided on 17 August 2022, the Supreme Court held that section 12A is mandatory. A plaint filed without it is to be rejected under Order VII Rule 11.
Stage 2: institution. Under section 26, every suit is instituted by presenting a plaint, and its facts are proved by affidavit. Order IV says how it is presented and registered. Order VII says what it must contain. The plaintiff values the suit and pays court fee on that value. The court then scrutinises the plaint. It returns it if the court lacks jurisdiction (Rule 10). It rejects it if, for example, it discloses no cause of action, is undervalued without correction, or is barred by law (Rule 11).
Stage 3: summons. Under section 27, the summons must be issued and served within thirty days of institution. Order V lays down its contents and the modes of service.
Stage 4: appearance or default. On the date fixed, the parties appear. Under Order IX, if the plaintiff is absent the suit may be dismissed. If the defendant is absent despite service, the court may proceed ex parte. Either side may later apply to set aside the dismissal or the ex parte decree.
Stage 5: the written statement. Under Order VIII Rule 1, the defendant files his written statement within thirty days of service, extendable for recorded reasons up to ninety days. In Kailash v. Nanhku, (2005) 4 SCC 480, a written statement in an election petition was filed five days late. The Supreme Court held on 6 April 2005 that the ninety-day limit is directory, to be crossed only in exceptional cases. In commercial suits, the 120-day limit is final. The defendant may also plead a set-off or a counterclaim (Rules 6 and 6A), and the plaintiff may reply with leave (Rule 9).
Stage 6: documents, discovery and admissions. The parties produce their documents (Order VII Rule 14, Order VIII Rule 1A, Order XIII). They may seek discovery by interrogatories, and inspection of documents (Order XI). They may call on each other to admit facts or documents, so that undisputed matters need no proof (Order XII).
Stage 7: the first hearing. Under Order X Rule 1, the court ascertains from each party which allegations it admits or denies. It may examine the parties orally (Order X Rule 2). Under section 89 and Order X Rule 1A, it must explore settlement and may refer the parties to arbitration, conciliation, mediation or Lok Adalat.
Stage 8: framing of issues. Under Order XIV, the court frames issues on the material propositions of fact and law on which the parties differ. The suit may be decided on an issue of law alone, such as jurisdiction or a statutory bar. The court may then try that issue first (Rule 2). In Makhan Lal Bangal v. Manas Bhunia, (2001) 2 SCC 652, the Supreme Court said on 3 January 2001 that framing issues is an important stage. On that day the scope of the trial is fixed.
Phase 2: the trial
Stage 9: witnesses. Under Order XVI Rule 1, within fifteen days of the settlement of issues, the parties file lists of their witnesses and obtain summonses.
Stage 10: evidence and arguments. Under Order XVIII, the plaintiff ordinarily begins. The examination-in-chief of every witness is by affidavit (Rule 4), followed by cross-examination and re-examination in court or before a commissioner. The parties then argue, and may file written arguments (Rule 2(3A)).
Stage 11: adjournments. Under Order XVII Rule 1, an adjournment needs sufficient cause, recorded in writing. No party may have more than three during the hearing.
Stage 12: judgment, decree and costs. Under Order XX Rule 1, the court pronounces judgment in open court. If not at once, it should be within thirty days of the hearing, and ordinarily not beyond sixty days. Under section 33, the court pronounces judgment, and a decree follows on it. The decree is drawn up under Rule 6 and must agree with the judgment. Costs follow under section 35, and compensatory costs for false or vexatious claims under section 35A.
Even on default the court must reason its decision. In Balraj Taneja v. Sunil Madan, (1999) 8 SCC 396, a suit was decreed only because the defendant filed no written statement. The Supreme Court set the decree aside on 8 September 1999. The judgment must still state the case, the points, the decision and the reasons.
Phase 3: after the decree
Stage 13: appeal, review and revision. A first appeal lies under section 96, and a second appeal on a substantial question of law under section 100. A review lies under section 114, and a revision under section 115.
Stage 14: execution. The decree-holder applies under Order XXI for execution, choosing a mode under section 51. In Rahul S. Shah v. Jinendra Kumar Gandhi, Civil Appeal Nos. 1659 and 1660 of 2021, a Bengaluru property decree had been obstructed for years by objections. The Supreme Court directed on 22 April 2021 that execution be completed within six months of filing.
Interlocutory proceedings
At any stage, the court may grant interim relief to protect the subject matter. It may order attachment or arrest before judgment (Order XXXVIII), or a temporary injunction (Order XXXIX). It may appoint a receiver (Order XL) or a commission (Order XXVI).
Time limits at a glance
| Stage | Provision | Time |
|---|---|---|
| Summons | Section 27 | Within thirty days of institution |
| Written statement | Order VIII Rule 1 | Thirty days, up to ninety (120 in commercial suits) |
| List of witnesses | Order XVI Rule 1 | Within fifteen days of issues |
| Adjournments | Order XVII Rule 1 | Not more than three to a party |
| Judgment | Order XX Rule 1 | Within thirty days, ordinarily not beyond sixty |
| Execution | Directions in Rahul S. Shah | Within six months of filing |
Conclusion. A suit is a civil proceeding begun by a plaint, as Hansraj Gupta holds. It has parties, a cause of action, a subject matter and a relief. It passes through three phases. Before trial come the pre-suit steps, institution, summons, appearance, the written statement, documents, the first hearing with efforts to settle, and the issues. Mediation is compulsory in commercial suits, as Patil Automation holds, and issues fix the scope of the trial, as Makhan Lal Bangal says. The trial covers witnesses, evidence, arguments and a reasoned judgment, as Balraj Taneja requires. After the decree come appeal, review, revision and execution, which must now be completed within six months, as Rahul S. Shah directs.
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