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 Sep Examination
munotes.in
Mumbai
B.A. LL.B. (Five Years) Sem 9 Civil Procedure Code and Limitation Act 2023 Sep 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 Sep examination.
Contents
The questions below are the paper as Karnataka State Law University set it at the 2023 Sep 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 Sep 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/problems is compulsory from each Unit. (3) Figures to the right side indicate the 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)Discuss the provisions of C.P.C. in respect of place of suing.[10]
Answer
For full marks, cover: the idea of territorial jurisdiction; section 15 (lowest grade); section 16 (immovable property) with its proviso; section 17; section 18; section 19 (wrongs to person or movables, with the illustrations); section 20 (defendant's residence or cause of action) and its Explanation on corporations; agreements choosing a forum (Hakam Singh, A.B.C. Laminart, Swastik Gases); objections under section 21 and section 21A.
What "place of suing" means
Sections 15 to 20 of the Code of Civil Procedure 1908 answer one practical question: in which court must a suit be filed? The answer has two parts. First, the court must be of the right grade, which is pecuniary jurisdiction. Second, the court must be at the right place, which is territorial jurisdiction.
The basic idea is fairness to the defendant. A person should normally be sued where he lives or where the dispute arose. The Code then makes special rules for land, for wrongs and for companies.
Section 15: the court of the lowest grade
Section 15 says: "Every suit shall be instituted in the Court of the lowest grade competent to try it." The purpose is to keep the higher courts free from small cases. It is a rule of procedure. It does not take away the jurisdiction of a higher court. A decree of a higher court in a small suit is therefore not a nullity.
Section 16: suits about immovable property
Section 16 covers six kinds of suits:
- for the recovery of immovable property;
- for partition of immovable property;
- for foreclosure, sale or redemption of a mortgage of immovable property;
- for any other right to or interest in immovable property;
- for compensation for wrong to immovable property;
- for recovery of movable property under distraint or attachment.
Such a suit "shall be instituted in the Court within the local limits of whose jurisdiction the property is situate".
The proviso adds a choice. Sometimes the relief can be entirely obtained through the defendant's personal obedience. Then the suit may also be filed where the defendant resides, carries on business or personally works for gain. A suit for an injunction against a defendant who is in possession is an example.
Sections 17 and 18: property in two places, and uncertain limits
Under section 17, the property may lie within the limits of different courts. The suit may then be filed in any court within whose limits any portion lies. The whole claim must still be within that court's pecuniary limit.
Under section 18, it may be uncertain which of two or more courts has the property within its limits. Any one of them may record a statement of that uncertainty and decide the suit. Its decree has full effect.
Section 19: wrongs to the person or to movables
Section 19 applies to suits for compensation for a wrong done to the person or to movable property. If the wrong was done within one court's limits and the defendant lives or works within another's, the plaintiff may sue in either court.
The Code gives two illustrations. In illustration (a), A, residing in Delhi, beats B in Calcutta, and B may sue in Calcutta or in Delhi. In illustration (b), A, residing in Delhi, publishes in Calcutta statements defamatory of B, and B may again sue in either place.
Section 20: the residuary rule
Every other suit, for example a suit on a contract or a loan, falls under section 20. It may be filed where:
- the defendant, or each defendant, actually and voluntarily resides, carries on business or personally works for gain (clause (a));
- any one of several defendants resides or works, but only with the leave of the court or the acquiescence of the others (clause (b)); or
- the cause of action, wholly or in part, arises (clause (c)).
The Explanation says a corporation is deemed to carry on business at its sole or principal office in India. For a cause of action arising where it has a subordinate office, it is deemed to carry on business at that place too.
In Dhodha House v. S.K. Maingi, (2006) 9 SCC 41, the Supreme Court explained "carries on business". It means having an interest and some control in a business at that place. The mere sale of the defendant's goods somewhere, or an advertisement in a journal, does not mean he carries on business there.
Can the parties choose the court by agreement?
Parties often write a clause such as "all disputes subject to Bengaluru courts". The courts have settled three rules about such clauses.
In Hakam Singh v. Gammon (India) Ltd., (1971) 1 SCC 286, a contractor agreed that only the Bombay court would have jurisdiction. He still applied at Varanasi. The Supreme Court held that parties cannot confer jurisdiction on a court which has none under the Code. But where two courts both have jurisdiction, an agreement to sue in one of them is valid. It does not offend section 28 of the Contract Act. So the Varanasi application failed.
In A.B.C. Laminart Pvt. Ltd. v. A.P. Agencies, (1989) 2 SCC 163, goods were to be delivered at Salem and the clause said disputes would be "subject to Kaira jurisdiction". The buyer sued at Salem. The Court held that a clause ousting every court is void. A clause choosing one of several competent courts is valid. But it excludes the other courts only if that intention is clear. As the clause had no words like "only" or "exclusive", the Salem court kept jurisdiction.
In Swastik Gases Pvt. Ltd. v. Indian Oil Corporation Ltd., AIRONLINE 2013 SC 365, the agreement was "subject to the jurisdiction of the courts at Kolkata". The Court held that the absence of words like "only" or "exclusive" is not decisive. Naming one competent court itself shows the parties' intention. So only the Kolkata courts could hear the case. This is now the governing approach.
Objections to the place of suing
The Code does not let a party sit on an objection. Under section 21(1), an objection to the place of suing must be taken in the trial court at the earliest opportunity. Otherwise an appeal or revision court will not allow it. It must be taken at or before the settlement of issues. There must also be a consequent failure of justice. Section 21(2) makes the same rule for pecuniary limits. Under section 21A, no separate suit lies to set aside a decree on an objection about the place of suing.
Summary table
| Kind of suit | Section | Where to sue |
|---|---|---|
| Land and buildings | 16 | Where the property is situate |
| Property in two districts | 17 | Where any portion is situate |
| Wrong to person or movables | 19 | Where the wrong was done or where the defendant resides |
| All other suits | 20 | Where the defendant resides or works, or where the cause of action arises |
Conclusion. The place of suing follows a simple order. The suit goes first to the lowest competent court under section 15. Land suits go where the land lies under section 16. Suits for wrongs may be filed where the wrong was done or where the defendant lives, under section 19. All other suits follow the defendant or the cause of action under section 20. Parties may choose between competent courts, as Hakam Singh and Swastik Gases hold, but cannot create jurisdiction. An objection to the place of suing must be raised at the first opportunity, or it is lost under section 21.
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