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 (100 marks) Examination
munotes.in
Mumbai
B.A. LL.B. (Five Years) Sem 9 Civil Procedure Code and Limitation Act 2023 Sep (100 marks) 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 (100 marks) examination.
Contents
The questions below are the paper as Karnataka State Law University set it at the 2023 Sep (100 marks) 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 (100 marks) 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.
Q1Explain the different kinds of jurisdiction of the civil courts.[16]
Answer
For full marks, cover: meaning of jurisdiction and where it comes from (section 9, statutes creating courts, the Constitution); how it is decided (on the plaint); the kinds, each with its provision and an example: subject matter, pecuniary (sections 6 and 15), territorial (sections 16 to 20), original, appellate (sections 96 and 100), revisional (section 115), supervisory and writ (Articles 226 and 227), exclusive and concurrent, general and special, inherent (section 151); the leading cases (Kiran Singh, Hakam Singh, A.B.C. Laminart, Dhulabhai, L. Chandra Kumar); effect of want of jurisdiction and objections (sections 21 and 21A, Order VII Rule 10); a summary table.
Meaning of jurisdiction
The word comes from the Latin juris (of law) and dicere (to speak). Jurisdiction is the power of a court to "speak the law" in a dispute, that is, to hear it and decide it with binding effect. The Code of Civil Procedure 1908 does not define it.
Jurisdiction has limits of three main kinds: what the dispute is about, how much it is worth, and where it arose. A court acts lawfully only within all three. Outside them, its orders may be open to attack.
Where jurisdiction comes from
- The Constitution creates the Supreme Court and the High Courts and gives them their basic powers.
- Section 9 of the Code gives civil courts power over "all suits of a civil nature" unless barred expressly or by implication.
- State civil courts Acts set up the district and subordinate courts and fix their pecuniary limits.
- Special statutes create tribunals and, sometimes, take matters away from civil courts.
How jurisdiction is decided
Jurisdiction is decided on the facts stated in the plaint, read as a whole. The defence does not decide it. If the court finds it lacks jurisdiction, it returns the plaint for presentation to the proper court under Order VII Rule 10.
The kinds of jurisdiction
1. Jurisdiction over the subject matter. Some courts are barred from certain classes of cases. A Small Causes Court cannot try a suit for title to land. A civil court cannot hear a matrimonial case where a Family Court has been set up for the area. Want of this jurisdiction is the most serious defect.
2. Pecuniary jurisdiction. Courts are graded by the value of the claim. Under section 6, no court has jurisdiction over a suit whose value exceeds its pecuniary limits. Under section 15, the suit must be filed in the lowest court competent to try it. A suit for Rs 2 crore cannot be filed before a junior civil judge with a lower limit.
3. Territorial or local jurisdiction. Every court has fixed local limits. Under sections 16 to 20:
- a suit about immovable property is filed where the property lies (section 16);
- if the property lies in several courts' areas, in any of them (section 17);
- a suit for a wrong to the person or to movables is filed where the wrong was done or where the defendant lives (section 19);
- other suits are filed where the defendant lives or works, or where the cause of action arose (section 20).
4. Original jurisdiction. The power to try a suit at first instance, by taking evidence and passing a decree. District courts and subordinate courts have it. The Bombay, Calcutta, Madras and Delhi High Courts also have original civil jurisdiction.
5. Appellate jurisdiction. The power to hear appeals. First appeals lie under section 96, second appeals to the High Court under section 100, and appeals from orders under section 104. The District Court and the High Court exercise it.
6. Revisional jurisdiction. The High Court's power under section 115 to correct errors of jurisdiction by subordinate courts in cases where no appeal lies.
7. Supervisory and writ jurisdiction. Under Article 227 of the Constitution, every High Court supervises all courts and tribunals in its territory. Under Article 226, it may issue writs.
8. Exclusive and concurrent jurisdiction. Jurisdiction is exclusive when only one court may hear the matter. It is concurrent when two or more courts may. The plaintiff may then choose among them.
9. General and special jurisdiction. A civil court has general jurisdiction over all civil disputes. A tribunal such as a Rent Controller or a Debts Recovery Tribunal has special jurisdiction over a limited class.
10. Inherent jurisdiction. Section 151 saves the court's inherent power to make orders "necessary for the ends of justice or to prevent abuse of the process of the Court". It fills gaps but cannot override the Code's express rules.
Decided cases
Want of jurisdiction against a mere defect. In Kiran Singh v. Chaman Paswan, AIR 1954 SC 340, a suit was undervalued at Rs 2,950 instead of Rs 9,980. Because of that, the first appeal went to the District Court instead of the High Court. The losing plaintiffs then called the District Court's decree a nullity. The Supreme Court held that a decree passed without inherent jurisdiction is a nullity and can be challenged anywhere, even in execution. But a defect arising only from wrong valuation is not of that kind. It upsets the decree only if it prejudiced the decision on the merits.
Consent cannot create jurisdiction. In Hakam Singh v. Gammon (India) Ltd., (1971) 1 SCC 286, a contract said only the Bombay courts would hear disputes, yet the contractor applied at Varanasi. The Supreme Court held that parties cannot confer jurisdiction on a court that has none. But where two courts both have jurisdiction, they may agree to go to one of them.
Choosing among concurrent courts. In A.B.C. Laminart Pvt. Ltd. v. A.P. Agencies, (1989) 2 SCC 163, goods were to be delivered at Salem, and the contract said "subject to Kaira jurisdiction". The buyer sued at Salem. The Supreme Court held that a clause ousting every court is void. A clause choosing one of several competent courts is valid, but it excludes the others only if the intention is clear. The clause had no word like "only", so Salem kept its jurisdiction.
Exclusion by statute. In Dhulabhai v. State of Madhya Pradesh, AIR 1969 SC 78, dealers sued for a refund of sales tax they said was unconstitutional. The Supreme Court held that a statute's finality clause excludes the civil court only where the statute gives an adequate remedy. Even then, the civil court can act where the statute was not followed or basic judicial procedure was ignored.
Constitutional jurisdiction. In L. Chandra Kumar v. Union of India, (1997) 3 SCC 261, seven judges held that the jurisdiction of the High Courts under Articles 226 and 227 is part of the basic structure. A statute creating tribunals cannot take it away.
Objections to jurisdiction
An objection to place of suing or pecuniary limits must be raised in the trial court at the earliest opportunity, before issues are settled. In appeal or revision, it is allowed only if there was a consequent failure of justice (section 21). No separate suit lies to set aside a decree on an objection to the place of suing (section 21A). A want of subject-matter jurisdiction is different. It may be raised at any stage.
A worked example
Ravi, who lives in Hubballi, sells goods to Mohan of Belagavi, with delivery at Belagavi, for Rs 8 lakh. Mohan does not pay. Ravi's suit is of a civil nature, so a civil court has subject-matter jurisdiction. It must be filed in the lowest court whose pecuniary limit covers Rs 8 lakh. Territorially, it lies at Belagavi, where Mohan lives and the goods were delivered. If the contract says "subject to Belagavi courts only", that clause is valid, because Belagavi is a competent forum.
Summary table
| Kind | Source | Example |
|---|---|---|
| Subject matter | Section 9, special statutes | Small Causes Court cannot try a title suit |
| Pecuniary | Sections 6 and 15 | Value above a court's limit |
| Territorial | Sections 16 to 20 | Land suit where the land lies |
| Original | Statutes creating courts | Trial of a suit |
| Appellate | Sections 96, 100, 104 | First and second appeals |
| Revisional | Section 115 | Correcting jurisdictional error |
| Supervisory and writ | Articles 226 and 227 | High Court's superintendence |
| Inherent | Section 151 | Orders for the ends of justice |
Conclusion. Jurisdiction is a court's legal power to hear and decide a case, fixed by subject matter, value and place. Its kinds include original, appellate, revisional and supervisory, exclusive and concurrent, general and special, and inherent jurisdiction. A want of inherent 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, but may choose among competent courts, as A.B.C. Laminart shows.
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