KSLU Solved Question Papers
Civil Procedure Code and Limitation Act
Previous Year Question Paper with Solution
B.A. LL.B. (Five Years) · Sem 9
2023 Mar Examination
munotes.in
Mumbai
B.A. LL.B. (Five Years) Sem 9 Civil Procedure Code and Limitation Act 2023 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 2023 Mar examination.
Contents
The questions below are the paper as Karnataka State Law University set it at the 2023 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 2023 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
Instructions printed on the paper
- N.B. (1) Answer all five Units. (2) One essay type question and short note/problem is compulsory from each Unit. (3) Figures to the right indicates marks. (4) Answer should be written either in English or Kannada completely.
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
Unit I
(a)What is suit ? Describe different stages of suit.[10]
Answer
For full marks, cover: meaning of suit (not defined; Hansraj Gupta); essentials (parties, cause of action, subject matter, relief); the stages in order: institution (section 26, Order IV), summons (Order V), appearance or default (Order IX), written statement (Order VIII), first hearing and examination of parties (Order X), alternative dispute resolution (section 89, Afcons), discovery, admissions and documents (Orders XI to XIII), issues (Order XIV), witnesses and evidence (Orders XVI, XVIII), arguments, judgment and decree (Order XX), and then appeal and execution; interlocutory proceedings; case management (Salem Advocate Bar Association (II)).
Meaning of suit
The Code of Civil Procedure 1908 does not define "suit". The courts have filled the gap. Hansraj Gupta v. Dehra Dun-Mussoorie Electric Tramway Co. Ltd., (1933) 35 Bom LR 319, was decided by the Privy Council on 16 December 1932. The liquidators of a company had claimed money from the appellants by an application under the Companies Act 1913. The question was whether that application was a "suit" within the Limitation Act. The Board held that the word "suit" ordinarily means "a civil proceeding instituted by the presentation of a plaint". The application was not a suit, and the claim was time barred.
So a suit is a civil proceeding begun by a plaint, in which a person seeks to enforce a civil right against another.
Essentials of a suit
- Parties: a plaintiff and a defendant.
- Cause of action: the facts which give the plaintiff a right to relief.
- Subject matter: the property, money or right in dispute.
- Relief: the remedy claimed, such as money, possession, a declaration or an injunction.
The stages of a suit
1. Institution. Under section 26 and Order IV Rule 1, a suit is instituted by presenting a plaint, in duplicate, to the court or its officer. The plaint must contain the particulars in Order VII. The court may return it for want of jurisdiction (Rule 10) or reject it on the grounds in Rule 11.
2. Summons. Under section 27 and Order V, a summons is issued to the defendant to appear and file his written statement. It is served personally, by speed post, by courier, or by substituted service.
3. Appearance or default. On the date fixed, the parties appear. If the defendant does not appear despite service, the court may proceed ex parte. If the plaintiff does not appear, the suit may be dismissed (Order IX).
4. Written statement. The defendant files his written statement within thirty days of service, extendable to ninety (Order VIII Rule 1). He may plead set-off or a counterclaim.
5. First hearing and examination of parties. At the first hearing, the court asks each party which allegations he admits or denies (Order X Rule 1). It may examine the parties orally (Rule 2).
6. Alternative dispute resolution. Under section 89 and Order X Rule 1A, the court considers whether the dispute can be settled out of court. The methods are arbitration, conciliation, judicial settlement, Lok Adalat and mediation. In Afcons Infrastructure Ltd. v. Cherian Varkey Construction Co. (P) Ltd., (2010) 8 SCC 24, the Supreme Court held on 26 July 2010 that the court need not formulate terms of settlement before referring a case. Arbitration and conciliation need the parties' consent. It also listed the kinds of cases suitable and unsuitable for reference.
7. Discovery, inspection and admissions. The parties may deliver interrogatories, seek discovery and inspection of documents (Order XI), and give notice to admit facts and documents (Order XII). The court may give judgment on clear admissions (Order XII Rule 6).
8. Production of documents. Original documents are produced on or before the settlement of issues (Order XIII).
9. Framing of issues. The court frames the issues on which the parties differ (Order XIV). It may try a pure issue of jurisdiction or a legal bar first.
10. Summoning of witnesses. The parties file lists of witnesses, and the court issues summons to them (Order XVI).
11. Hearing and evidence. The plaintiff ordinarily begins (Order XVIII Rule 1). Examination-in-chief is on affidavit, followed by cross-examination in court or before a commissioner (Rule 4). The defendant then leads his evidence.
12. Arguments. The parties argue orally and may file written arguments (Order XVIII Rule 2).
13. Judgment and decree. The court pronounces judgment, ordinarily within thirty days of the end of the hearing (Order XX Rule 1). A decree is then drawn up (Rule 6A).
14. After the decree. The losing party may appeal (section 96), seek review (section 114) or, in a fit case, revision (section 115). The decree-holder executes the decree under section 51 and Order XXI.
Interlocutory proceedings
At any stage, the court may make interim orders to protect the subject matter. These include arrest or attachment before judgment (Order XXXVIII), temporary injunctions (Order XXXIX), receivers (Order XL) and commissions (Order XXVI).
Case management
The 1999 and 2002 amendments aim to move suits through these stages quickly. In Salem Advocate Bar Association, Tamil Nadu v. Union of India (II), (2005) 6 SCC 344, the Supreme Court considered these amendments with the Jagannadha Rao Committee's reports. It upheld them and approved model rules for case management and alternative dispute resolution.
Conclusion. A suit is a civil proceeding begun by presenting a plaint, as Hansraj Gupta explains. It moves through fixed stages: institution, summons, appearance and written statement. Then come the first hearing, settlement efforts under section 89, discovery and admissions, issues, evidence, arguments, and finally judgment and decree. Appeal and execution follow. Reference to settlement needs care in choosing the method, as Afcons holds. The stages are managed to avoid delay, as Salem Advocate Bar Association (II) shows.
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