KSLU Solved Question Papers
Civil Procedure Code and Limitation Act
Previous Year Question Paper with Solution
B.A. LL.B. (Five Years) · Sem 9
2021 Mar Examination
munotes.in
Mumbai
B.A. LL.B. (Five Years) Sem 9 Civil Procedure Code and Limitation Act 2021 Mar Question Paper with Solutions
First published on munotes.in on 21 October 2026.
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The question paper reproduced here is the paper as set by Karnataka State Law University at the 2021 Mar examination.
Contents
The questions below are the paper as Karnataka State Law University set it at the 2021 Mar examination, in the order it was set.
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the 2021 Mar 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 80 · 20 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.
Q1
(a)Explain the kinds of jurisdictions.[10]
Answer
For full marks, cover: meaning of jurisdiction (not defined in the Code; power to hear and decide); its sources (section 9 and the statutes creating courts); kinds: subject-matter, pecuniary (sections 6 and 15), territorial (sections 16 to 20), original and appellate, exclusive and concurrent, general and special; inherent lack of jurisdiction against irregular exercise (Kiran Singh, section 21); consent cannot confer jurisdiction (Hakam Singh); exclusion by statute (Dhulabhai).
Meaning of jurisdiction
The Code of Civil Procedure 1908 does not define "jurisdiction". In plain terms, jurisdiction is the authority of a court to hear and decide a case. It is the power to entertain a suit, try it and pass a decree that binds the parties.
Jurisdiction depends on three things. The first is the nature of the dispute. The second is the value of the claim. The third is the place where the cause arose or the defendant lives. A court must have all three before it can try a suit. Jurisdiction is decided on the facts stated in the plaint, not on the defence.
Section 9 is the starting point. It gives civil courts power over "all suits of a civil nature" unless a law bars them. The statutes that set up each court, such as State civil courts Acts, then fix each court's limits.
Kinds of jurisdiction
1. Jurisdiction over the subject matter. Some courts can try only certain kinds of cases. A Small Causes Court cannot try a suit for partition or for title to land. A Family Court alone hears matrimonial disputes in its area. A court with no power over the subject matter has no jurisdiction at all.
2. Pecuniary jurisdiction. Courts are graded by the value of suits they may try. Section 6 says a court has no jurisdiction over suits whose value exceeds its pecuniary limits. Section 15 adds that every suit must be filed "in the Court of the lowest grade competent to try it". In most States, a junior civil judge tries suits up to a fixed value, and larger suits go to a senior civil judge.
3. Territorial or local jurisdiction. Each court has fixed local limits. Under sections 16 to 20, a suit about land goes where the land lies. A suit for a wrong goes where the wrong was done or where the defendant lives. Other suits go where the defendant lives or the cause of action arises.
4. Original and appellate jurisdiction. Original jurisdiction is the power to try a suit at first instance. Appellate jurisdiction is the power to hear an appeal from a lower court under sections 96 and 100. A District Court has both. Some High Courts, such as Bombay and Calcutta, also have original civil jurisdiction.
5. Exclusive and concurrent jurisdiction. Jurisdiction is exclusive where only one court may try the matter. It is concurrent where two or more courts may try it, and the plaintiff may choose.
6. General and special jurisdiction. A civil court has general jurisdiction over all civil suits. A tribunal, such as a Rent Controller or a Debts Recovery Tribunal, has special jurisdiction over a limited class of disputes.
Want of jurisdiction and its effect
The kinds of jurisdiction do not all have the same effect when absent. A defect of subject matter goes to the root. A defect of place or value is treated more leniently.
In Kiran Singh v. Chaman Paswan, AIR 1954 SC 340, the plaintiffs valued their suit for possession at Rs 2,950, so the first appeal went to the District Court. The correct value was later found to be Rs 9,980, at which the appeal lay to the High Court. The plaintiffs then said the District Court's decree was a nullity. The Supreme Court rejected this. A mistake in valuation does not make a decree void unless it prejudiced the decision on the merits. The Court added that a decree passed by a court with no inherent jurisdiction is a nullity. Its invalidity may be raised at any stage, even in execution.
Section 21 follows the same idea. An objection to the place of suing, or to pecuniary limits, must be taken in the trial court at the earliest opportunity. An appeal court will not allow it later unless there was a failure of justice.
Consent cannot give jurisdiction
Parties cannot by agreement give a court a jurisdiction the law denies it. In Hakam Singh v. Gammon (India) Ltd., (1971) 1 SCC 286, a contract said only the Bombay courts would hear disputes. The Supreme Court held that parties may choose one of two courts that both have jurisdiction. But they cannot confer jurisdiction on a court that has none under the Code.
Exclusion by statute
A statute may take away the civil court's jurisdiction expressly or by implication. In Dhulabhai v. State of Madhya Pradesh, AIR 1969 SC 78, tobacco dealers sued for a refund of sales tax they said was unconstitutional. The Supreme Court held that a finality clause excludes the civil court only if the Act gives an adequate remedy. Even then the civil court may act where the Act was not followed or basic judicial procedure was ignored.
Conclusion. Jurisdiction is a court's legal authority to hear and decide a case. It has several kinds: subject matter, pecuniary, territorial, original and appellate, exclusive and concurrent, and general and special. A want of subject-matter jurisdiction makes a decree a nullity. Defects of place and value are cured unless prejudice is shown, as Kiran Singh holds. Parties cannot create jurisdiction by consent, as Hakam Singh holds.
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