10 of 100 marks
AIBE 22: Code of Civil Procedure
This subject carries 10 marks of the 100-mark paper — one of the heaviest on the syllabus. Section 45 has 40 questions on it, four times the official count.
What to carry, and where to tab
Bring the CPC 1908, unmarked. Blank index tabs only — anything written on a tab can get the book confiscated. These are the parts this subject actually draws from:
- CPC, Order I
- CPC, Order II
- CPC, Order IX
- CPC, Order VI
- CPC, Order VII
- CPC, Order VIII
- CPC, Order XIV
- CPC, Order XL
- CPC, Order XLIII
- CPC, Order XXI
- CPC, Order XXII
- CPC, Order XXIII
Provisions that recur
- § 26, O. IV r. 1 CPC
- § 11 CPC
- § 10 CPC
- § 9 CPC
- § 151 CPC
- O. VII r. 11 CPC
- O. VI r. 17 CPC
- O. VIII r. 1 CPC
- O. XXXIX rr. 1–2 CPC
- O. XXXVIII r. 5 CPC
- O. XL r. 1 CPC
- § 2(2) CPC
- § 96 CPC
- § 100 CPC
- § 115 CPC
- § 114, O. XLVII CPC
- § 47 CPC
- O. XXI CPC
- O. XXIII r. 1 CPC
- O. XXIII r. 3 CPC
- O. XIV CPC
- O. IX r. 13 CPC
- O. XXXVII CPC
- O. XXXIII CPC
Sample questions
Three of the 40, with full explanations. The first ten are free in the app.
A suit is instituted by:
- Filing an application
- Presentation of a plaint
- Issuing summons
- Filing a written statement
Answer & explanation
Presentation of a plaint
Section 26 read with Order IV Rule 1 requires every suit to be instituted by presenting a plaint in duplicate to the court or such officer as it appoints.
The principle of res judicata is contained in:
- Section 9
- Section 10
- Section 11
- Section 151
Answer & explanation
Section 11
Section 11 bars a court from trying a suit or issue that has been directly and substantially in issue in a former suit between the same parties and finally decided by a competent court.
Stay of a suit where a previously instituted suit between the same parties is pending is governed by:
- Section 9
- Section 11
- Section 10
- Section 47
Answer & explanation
Section 10
Section 10 embodies res sub judice. It stays the trial of the subsequently instituted suit, not the institution itself, where the matter in issue is directly and substantially the same.
Practise
Ten questions in Code of Civil Procedure free, no card. Each answer cited to both codes with a line telling you where to look in the bare act.
Practise Code of Civil Procedure