Free Judiciary Notes · CPC Notes
CPC Sec.15-25
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15. COURT IN WHICH SUITS TO BE INSTITUTED
Every suit shall be instituted in the Court of the lowest grade competent to try it.
Which Section of the CPC declares that the court shall presume, upon the production of any document purporting to be a certified copy of a foreign judgment, that such judgment was pronounced by a court of competent jurisdiction, unless the contrary appears on the record, or is proved?
a. Section 13
b. Section 14
c. Section 19
d. Section 20
Ans. (b)
16. SUITS TO BE INSTITUTED WHERE SUBJECT MATTER SITUATE
Subject to the pecuniary or other limitations prescribed by any law, suits-
a. for the recovery of immovable property with or without rent or profits,
b. for the partition of immovable property,
c. for foreclosure, sale or redemption in the case of a mortgage of or charge upon immovable property,
d. for the determination of any other right to or interest in immovable property, for compensation for wrong to immovable property,
e. for the recovery of movable property actually under distraint or attachment, shall be instituted in the Court within the local limits of whose jurisdiction the property is situate:
Provided that a suit to obtain relief respecting, or compensation for wrong to immovable property held by or on behalf of the defendant, may where the relief sought can be entirely obtained through his personal obedience
be instituted either in the Court within the local limits of whose jurisdiction the property is situate, or in the Court within the local limits of whose jurisdiction the defendant actually and voluntarily resides, or carries on business, or personally, works for gain.
EXPLANATION
In this section "property" means property situates in India.
Suit relating to immovable property can be filed under Section 16 of Civil Procedure Code in such a court within whose local jurisdiction: —
a. The defendant resides
b. The defendant carries on business
c. The property is situated
d. The plaintiff resides or carries on business
Ans. (c)
A suit for compensation for wrong done to the person or to movable property, where the wrong was done within the local jurisdiction of one court and the defendant resides within the local limits of another court—
a. Can be instituted in the court within whose local jurisdiction the wrong has been committed
b. Can be instituted in the court within whose local jurisdiction the defendant resides
c. Either (a) or (b) at the opinion of the plaintiff
d. Can be instituted anywhere in India
Ans. (c)
Which of the following statements is true?
a. A suit for recovery of immovable property shall be instituted in the court in whose jurisdiction the property is situated.
b. A suit for partition of immovable property shall be instituted in the court in whose jurisdiction the; defendant reside or works for gain.
c. Both (a) and (b)
d. Neither (a) nor (b)
Ans. (a)
A suit relating to immovable property, shall be instituted at a place
a. Where the defendant resides
b. Where the prop is situated
c. Either (a) or (b)
d. None of the above
Ans. (b)
Suit for partition of immovable property shall be instituted in the Court where:
a. Plaintiff resides
b. Plaintiff carries on his profession
c. Subject matter is situated
d. With the permission of the District Judge, in any Court
Ans. (c)
Subject to the pecuniary or other limitations prescribed by any law suits for recovery of possession of immovable property must be instituted in the court
a. within whose jurisdiction both the parties reside
b. within whose jurisdiction the defendant resides
c. within whose jurisdiction the plaintiff resides
d. within whose local limits of jurisdiction, the property is situated
Ans. (d)
X is living in Pune and V, his brother in Mumbai. X wants to file a suit for partition of their joint property situated in Delhi and Bangalore.
a. The suit may be instituted in Delhi only.
b. The suit may be instituted in Bangalore only.
c. The suit may be instituted either in Delhi or Bangalore.
d. None of the above.
Ans. (c)
Suit for partition of immovable property may be instituted: —
a. Where plaintiff resides
b. Where plaintiff carries on business,
c. Where subject matter is situated
d. Where defendant resides
Ans. (c)
Where may suit for partition of immovable property be instituted?
a. Where subject matter or property is situated
b. Where defendant actually and voluntarily resides
c. Where defendant carries on business
d. Where defendant works for gain
Ans. (a)
Under Section 16 of Code of Civil Procedure, a suit relating to movable property can be filed in a court within whose local jurisdiction:
a. The property in situate
b. The defendant voluntarily resides or personally works for gain
c. The defendant voluntarily resides or carries on business
d. Either (a) or (b) or (c)
Ans. (a)
Which of the followings is a leading case on the exclusion of the jurisdiction of Civil Courts?
a. Dhulabhai v. State of M.P
b. Gundaji v. Ramchandra.
c. Noor Mohd. Khan v. Fakirappa.
d. All of the above.
Ans. (a)
Place of institution of suit in respect of immovable property, situated within the jurisdiction of different courts, has been provided
a. Under Section 17 of CPC
b. Under Section 18 of CPC
c. Under Section 19 of CPC
d. Under Section 20 of CPC
Ans. (a)
Where the local limits of jurisdiction of courts are uncertain, the place of institution of suit shall be decided according to the provision of—
a. Section 17 of C.P.C.
b. Section 18 of C.P.C.
c. Section 19 of C.P.C.
d. Section 20 of C.P.C.
Ans. (b)
Section 18 of the Civil Procedure Code provides for
a. Place of institution of suit in respect of immovable property where the property is situated in the jurisdiction of one court
b. Place of instruction of suit in respect of immovable property where the property is situated in the jurisdiction of different courts
c. Place of institution of suits in respect immovable property where the local limits of jurisdiction of courts are uncertain
d. All the above
Ans. (c)
17. SUITS FOR IMMOVABLE PROPERTY SITUATE WITHIN JURISDICTION OF DIFFERENT COURTS
Where a suit is to obtain relief respecting, or compensation for wrong to immovable property situate within the jurisdiction of different Court, the suit may be instituted in any Court within the local limits of whose jurisdiction any portion of the property is situate:
Provided that, in respect of the value of the subject matter of the suit, the entire claim is cognizable by such Court.
18. PLACE OF INSTITUTION OF SUIT WHERE LOCAL LIMITS OF JURISDICTION OF COURTS ARE UNCERTAIN
1. Where it is alleged to be uncertain within the local limits of the jurisdiction of which of two or more Courts any immovable property is situate, any one of those Courts may, if satisfied that there is ground for the alleged uncertainty, record a statement to that effect and thereupon proceed to entertain and dispose of any suit relating to that property, and its decree in the suit shall have the same effect as if the property were situate within the local limits of its jurisdiction:
Provided that the suit is one with respect to which the Court is competent as regards the nature and value of the suit to exercise jurisdiction.
2. Where a statement has not been recorded under sub-section (1), and objection is taken before an Appellate or Revisional Court that a decree or order in a suit relating to such property was made by a Court not having jurisdiction where the property is situated, the Appellate or Revisional Court shall not allow the objection unless in its opinion there was, at the time of the institution of the suit, no reasonable ground for uncertainty as to the Court having jurisdiction with respect thereto and there has been a consequent failure of justice.
Where the local limits of jurisdiction of Courts are uncertain, the place of institution of suit shall be decided according to the provisions of
a. Section 16 of CPC
b. Section 17 of CPC
c. Section 18 of CPC
d. Section 19 of CPC
Ans. (c)
19. SUITS FOR COMPENSATION FOR WRONGS TO PERSON OR MOVABLES
Where a suit is for compensation for wrong done to the person or to movable property, if the wrong was done within the local limits of the jurisdiction of one Court and the defendant resides, or carries on business, or personally works for gain, within the local limits of the jurisdiction of another Court, the suit may be instituted at the option of the plaintiff in either of the said Courts.
ILLUSTRATIONS
a. A, residing in Delhi, beats B in Calcutta. B may sue A either in Calcutta or in Delhi.
b. A, residing in Delhi, publishes in Calcutta statements defamatory of B. B may sue A either in Calcutta or in Delhi.
A suit for damages for breach of contract can be filed at a place:
a. Where the contract was executed
b. Where the contract was to be performed
c. Where the plaintiff resides
d. Both (a) and (b)
Ans. (d)
20. OTHER SUITS TO BE INSTITUTED WHERE DEFENDANTS RESIDE OR CAUSE OF ACTION ARISES.
Subject to the limitations aforesaid, every suit shall be instituted in Court within the local limits of whose jurisdiction-
a. the defendant, or each of the defendants where there are more than one, at the time of the commencement of the suit, actually and voluntarily resides, or carries on business, or personally, works for gain; or
b. any of the defendants, where there are more than one, at the time of the commencement of the suit, actually, and voluntarily resides, or carries on business, or personally works for gain, provided that in such case either the leave of the Court is given, or the defendants who do not reside, or carry-on business, or personally work for gain, as aforesaid, acquiesce in such institution; or
c. the cause of action, wholly or in part, arises.
EXPLANATION
A corporation shall be deemed to carry on business at its sole or principal office in India or, in respect of any cause of action arising at any place where it has also a subordinate office, at such place.
ILLUSTRATIONS
a. A is a tradesman in Calcutta, B carries on business in Delhi. B, by his agent in Calcutta, buys goods of A and requests A to deliver them to the East Indian Railway Company. A delivers the goods accordingly in Calcutta. A may sue B for the price of the goods either in Calcutta, where the cause of action has arisen or in Delhi, where B carries on business.
b. A resides at Shimla, B at Calcutta and C at Delhi. A, B and C being together at Banaras, B and C make a joint promissory note payable on demand, and deliver it to A. A may sue B and C at Banaras, where the cause of action arose. He may also sue them at Calcutta, where B resides, or at Delhi, where C resides; but in each of these cases, if the non-resident defendant objects, the suit cannot proceed without the leave of the Court
Which of the following is correct statement in so far as section 20 of CPC 1908, is concerned?
a. The suit has to be instituted in the court of the lowest grade competent to try it
b. The suit has to be instituted in the court within the local limits of whose jurisdiction the defendant actually, and voluntarily resides or carries on business or personally works for gain
c. The suit has to be instituted in the court within the local limits of whose jurisdiction, the cause of action wholly or in part arises
d. All the above are correct
Ans. (d)
A suit shall be instituted in a Court within the local limits of whose jurisdiction:
a. The plaintiff resides
b. The Stamp Paper for entering into the contract was purchased
c. Where no cause of action in part or full arose
d. Where the cause of action or in part arose
Ans. (d)
A Corporation, under Section 20 of CPC, is deemed to carry on business at:
a. Its principle office in India
b. Its subordinate office in India
c. Both (a) and (b)
d. None of the above
Ans. (c)
'A' residing in Mumbai publishes statements defamatory against 'B' in Delhi. Where can 'B' file a suit for compensation against 'A'
a. Only at Delhi
b. Only at Mumbai
c. Either in Delhi or Mumbai
d. Where 'B' himself resides
Ans. (c)
21. OBJECTIONS TO JURISDICTION
1. No objection as to the place of suing shall be allowed by any Appellate or Revisional Court unless such objection was taken in the Court of first instance at the earliest possible opportunity and in all cases where issues or settled at or before such settlement, and unless there has been a consequent failure of justice.
2. No objection as to the competence of a Court with reference to the pecuniary limitsof its jurisdiction shall be allowed by any Appellate or Revisional Court unless such objection was taken in the Court of first instance at the earliest possible opportunity and in all cases where issues or settled at or before such settlement, and unless there has been a consequent failure of justice.
3. No objection as to the competence of the executing Court with reference to the local limits of its jurisdiction shall be allowed by any Appellate or Revisional Court unless such objection was taken in the executing Court at the earliest possible opportunity, and unless there has been a consequent failure of justice.
According to Section 21 of the CPC ' when can an objection as to the place of the suing be taken?
a. Any time
b. Can be taken at appellate or revision stage for the first time
c. Before the Court of first instance at the earliest possible opportunity
d. None of the above
Ans. (c)
The general principle of waiver that provides the failure to raise objection in the court of the first instance and at the earliest opportunity shall prevent the, defendant from raising such objection at a subsequent state and the judgment would not be vitiated on the ground of absence of territorial’or pecuniary jurisdiction is reflected in which provision of Civil Procedure Code.
a. Section 15
b. Section 16
c. Section 51
d. Section 21
Ans. (d)
Section 21 of the CPC deals with
a. Pecuniary and Territorial jurisdiction
b. Subject matter and personal jurisdiction
c. Personal and admiralty jurisdiction
d. Probate and summary jurisdiction
Ans. (a)
Objection as to place of suing shall be allowed in the court of first instance is the essence of:
a. Section 21A of C.P.C.
b. Section 20 of C.P.C.
c. Section 22 of C.P.C.
d. Section 21 of C.P.C.
Ans. (d)
Which one of the following sections of the Civil Procedure Code, 1908 deals with the essence of this code that Objections as to local or pecuniary jurisdiction shall be raised at the first opportunity
a. Section 21
b. Section 22
c. Section 24
d. Section 25
Ans. (a)
Objection to the place of suing can be allowed to be taken:
a. Any time
b. Directly in appeal
c. Only at the first opportunity in the trial court
d. None of the above
Ans. (c)
Which Section of the Code of Civil Procedure provides that the objections as to the territorial and pecuniary jurisdiction must be raised at the first opportunity?
a. Section 19
b. Section 20
c. Section 21
d. Section 22
Ans. (c)
Under which provision of the C.P.C, is a suit to set aside a decree on the ground of lack of territorial jurisdiction barred?
a. Section 21
b. Section 21A
c. Section 22
d. Section 37
Ans. (b)
Objection to the territorial jurisdiction of a Court can be allowed if it is raised
a. At any stage of the trial
b. At any time before the plaintiff leads his evidence
c. At the earliest possible opportunity and before issues are settled
d. Even at the stage of appeal
Ans. (c)
Objection as to place of suing shall be taken in the Court of first instance, is the essence of Section of the Code of Civil Procedure, 1908.
a. 21A
b. 20
c. 22
d. 21
Ans. (d)
21 - A. BAR ON SUIT TO SET ASIDE DECREE ON OBJECTION AS TO PLACE OF SUING.
No suit shall lie challenging the validity of a decree passed in a former suit between the same parties, or between the parties under whom they or any of them claim, litigating under the same title, on any ground based on an objection as to the place of suing.
EXPLANATION
The expression "former suit" means a suit which has been decided prior to the decision in the suit in which the validity of the decree is questioned, whether or not the previously decided suit was instituted prior to the suit in which the validity of such decree is questioned.
22. POWER TO TRANSFER SUITS WHICH MAY BE INSTITUTED IN MORE THAN ONE COURT
Where a suit may be instituted in any one of two or more Courts and is instituted in one of such Courts, any defendant, after notice to the other parties, may, at the earliest possible opportunity and in all cases where issues are settled at or before such settlement, apply to have the suit transferred to another Court, and the Court to which such application is made, after considering the objections of the other parties (if any), shall determine in which of the several Courts having jurisdiction the suit shall proceed.
23. TO WHAT COURT APPLICATION LIES
1. Where the several Courts having jurisdiction are subordinate to the same Appellate Court, an application under section 22 shall be made to the Appellate Court.
2. Where such Courts are subordinate to different Appellate Courts but to the same High Court, the application shall be made to the said High Court.
3. Where such Courts are subordinate to different High Courts, the application shall be made the High Court within the local limits of whose jurisdiction the Court in which the suit is brought is situate.
24. GENERAL POWER OF TRANSFER AND WITHDRAWAL
1. On the application of any of the parties and after notice to the parties and after hearing such of them as desired to be heard, or of its own motion without such notice, the High Court or the District Court may at any stage –
a. transfer any suit, appeal or other proceeding pending before it for trial or disposal to any Court subordinate to it and competent to try or dispose of the same, or
b. withdraw any suit, appeal or other proceeding pending in any Court subordinate to it, and-
i. try or dispose of the same; or
ii. transfer the same for trial or disposal to any Court subordinate to it and competent to try or dispose of the same; or
iii. retransfer the same for trial or disposal to the Court from which it was withdrawn.
2. Where any suit or proceeding has been transferred or withdrawn under sub-section (1), the Court which is thereafter to try or dispose of such suit or proceeding may, subject to any special directions in the case of any order of transfer, either retry it or proceed from the point at which it was transferred or withdrawn.
3. For the purposes of this section, -
a. Courts of Additional and Assistant Judges shall be deemed to be subordinate to the District Court;
b. ‘’proceeding" includes a proceeding for the execution of a decree or order.
4. the Court trying any suit transferred or withdrawn under this section from a Court of Small Causes shall, for the purposes of such suit, be deemed to be a Court of Small Causes.
5. A suit or proceeding may be transferred under this section from a Court which has no jurisdiction to try it.
The general power to transfer suits under section 24 has been granted to:
a. High Court
b. District Court
c. Both (a) and (b)
d. Supreme Court
Ans. (c)
Under which provision of Civil Procedure Code, a High Court can transfer any case?
a. Section 20
b. Section 12
c. Section 24
d. Section 15
Ans. (c)
Which of the following orders is not appealable under the Code of Civil Procedure
a. An order under Section 95
b. An order under Order XL Rule 1
c. An order under Order XI Rule 21
d. An order under Section 24
Ans. (d)
25. POWER OF SUPREME COURT TO TRANSFER SUITS, ETC.
1. On the application of a party, and after notice to the parties, and after hearing such of them as desire to be heard, the Supreme Court may, at any stage, if satisfied that an order under this section is expedient for the ends of justice, direct that any suit, appeal or other proceeding be transferred from a High Court or other Civil Court in one State to a High Court or other Civil Court in any other State.
2. Every application under this section shall be made by a motion which shall be supported by an affidavit.
3. The Court to which such suit, appeal or other proceeding is transferred shall, subject to any special directions in the order of transfer, either retry it or proceed from the stage at which it was transferred to it.
4. In dismissing any application under this section, the Supreme Court may, if it is of opinion that the application was frivolous or vexatious, order the applicant to pay by way of compensation to any person who has opposed the application such sum, not exceeding two thousand rupees, as it considers appropriate in the circumstances of the case.
5. The law applicable to any suit, appeal or other proceeding transferred under this section shall be the law which the Court in which the suit, appeal or other proceeding was originally instituted ought to have applied to such suit, appeal or proceeding.
Under which provision of Civil Procedure Code, a Supreme Court can transfer a case?
a. Section 25 C.P.C.
b. Section 20 C.P.C.
c. Section 12 C.P.C.
d. Section 15 C.P.C.
Ans. (a)
Section 25 of the CPC provides for which of the following?
a. Power of the Supreme Court to transfer suits
b. Power of the High Courts to transfer suits
c. Power of District Courts to transfer suits
d. Power of Commissioner to transfer suits
Ans. (a)
By whom can the transfer of suit or proceedings from one state to other state be ordered?
a. Central Government
b. Supreme Court
c. High Court
d. Parliament
Ans. (b)