CODE OF CIVIL PROCEDURE

PCS JUDICIAL 1981

1) Define and distinguish "decree" and an "Order" under Civil Procedure Code,
In what circumstances a preliminary decree is passed. What will be the effect in
case no appeal is filed against a preliminary decree; discuss.
2) Distinguish between Res Judicata and Estoppel. Explain and comment on
principle of res subjudice. Can there be the Res judicata between the co-
defendants.
3) Explain and comment on the inherent powers of Civil Courts. With special
to the powers of the court to amend judgements. Decrees or Orders.
4) Who may be joined as plaintiffs and defendants in a civil suit. Can a court
give judgement for or against one or more of joint parties. What is the effect of mis
joinder and non-joinder of parties.
5) a.What do you mean by pleading in a civil suit, what are alternative and
inconsistent pleadings.
b. When a court of law grant leave to parties to amend pleadings in a civil suit
under what circumstances can court strike out pleadings.
6) Write short notes on the following:
• (a)Set Off,
• (b)Interpleader Suit
• (c) Interlocutory Order
• (d)Suit by a Next friend
• (e)Pauper Suit.
7) What are the powers of the court to appoint receivers. What are receiver's
duties, Under what circumstances, a Collector may be appointed as a receiver.

PCS JUDICIAL 1982

1). Explain with illustration the concept of subjudice.
2). Under what circumstances other than those mentioned in S. 11 C.P.C., the
principle of re- judicate applies?
3). What courts have the power of transfer and withdrawal of suits?
4). Explain the powers of court to enforce execution. 5). What courts have the
powers of Revision and why? 6). Write shot notes on:
• Abetment
• Payment out of Court;
• Set off
• Pauper suits.

PCS JUDICIAL 1984

1). It is said that an executing court cannot go behind a decree. Discuss fully in
the light of the powers of and executing court bringing about exceptions, if any.
2). What are the duties and powers of a court in ordering attachment before
judgment?
3). Write a comprehensive note on the value of foreign decrees and judgments
in Pakistan.
4). What do you understand by Restitution? Can suit be instituted. Is the relief of
restitution discretionary?

PCS JUDICIAL 1986

1(a). Discuss the procedure in the appointment of a receiver by a civil court, can
the court appoint a Collector as a receiver?
1(b). When a civil court allow a party to a suit to amend the pleadings? On what
grounds such a leave can be refused?
2). Discuss in details the law as introduced by West Pakistan Civil Courts
Ordinance, in relation to the working of the civil courts.
3). Differentiate the law as applicable before and after the Ordinance came into
effect.

PCS JUDICIAL 1987

1) What is meat by Review? Under what circumstances Review of
Judgments is allowed?
 2) What do you mean by Pauper Suit, who can sue as a pauper and in what
way the court may grant permission to sue as a pauper?

PCS JUDICIAL 1989

1) What are the powers and duties of the court ordering attachment before
judgment?
2) Please explain the concept of res- subjudice. How it is different from res-
judicata?
PCS JUDICIAL 1991
1) What remedies the court can provide in the exercise of its inherent powers of
the ends of the justice or to prevent the abuse of the process of The court?
2) Explain with examples the remedies against an ex-parte decree.

PCS JUDICIAL 1993

1) Give the hierarchy of civil courts with their respective pecuniary
jurisdiction.
2) Which is the principal court of original civil jurisdiction? And what courts
have the powers of transfer and withdrawal of suits?
3) Examine S.16 & S.20 of this code & bring out in detail the point of
difference in them

PCS JUDICIAL 1996

1) What are the inherent powers of the civil courts?
2) The civil court has the power to entertain a suit, in which the question is
whether the executive authority has acted ultra vires” (PLD1947 PC317)
please elaborate

PCS JUDICIAL 1997

1) Under which circumstances a temporary injunction be granted?
2) Explain with illustrations the questions relating to execution of the decree
arising between the parties to the suit or their representatives which out to
be decided in execution and not by a separate suit.
3) What are the supplemental proceedings that court is empowered to take
to secure the ends of justices?
PCS JUDICIAL 1998
1) what are the important legal requirements in respect of the drafting of a
plaint in civil suit ? Can the pleadings in the plaint or the written statements
be subsequently amended ? If so how and on what grounds? (1998)
2) what are the important powers of the civil court? Explain fully particularly
with reference to the powers to amend judgements , decrees or orders.
(1998)
3) Give the hierarchy of civil courts in Punjab with their respective pecuniary
jurisdictions. ( 1998)
4) Which is the principal court of original civil jurisdiction and which courts
have the powers of transfer and withdrawal of suits from civil judges?
(1998)
5) write short notes on any three of the following
a. Set Off
b. Inter-pleader suit
c. Interrogatories
d. Pauper suit

PCS JUDICIAL 1999

1) What are the essential requirements of Res-judicata? How it is distinguished
from Res-Sub-judice and estoppel ?(1999)
2) Discuss the principles on which a court can appoint a receiver in a civil suit
.Mention the duties and powers of receiver.(1999)
3) what are the pecuniary limits of jurisdiction of civil judges ? Who has the
power of control over courts and presiding officers?(1999)
4) What do you understand by the term jurisdiction of a civil court? Where can
the following suits be instituted?
a) Suit for restitution of conjugal rights.
b) Suit for sale of mortgage property .
c) Suit for possession of a house at Karachi where Defendant resides
at Multan.

PCS JUDICIAL 2000

1) what is meant by suits of a civil nature? Give a couple of examples of suits,
which cannot be deemed to be suits of civil nature .
 2) Which are the cases in which a temporary injunction can be granted? Are
there any cases in which a temporary injunction cease to have effect after
certain period? If so explain the relevant provisions.
3) which courts are disentitled to entertain and adjudicate suits in which
Pakistan or any of its provinces or any public officer is a party? Are there
any expectations to the provision relevant to this matter? If so what ?
4) Write short notes on any three of the following .
a) Legal representative.
b) Mesne Profits.
c) Precepts.
d) Interlocutory orders

PCS JUDICIAL 2001

1) What are the rules relating to pleadings ? How and when can the pleadings
be amended?
2) Who is the effect of mis-joinder and non-joinder of parties and when
objection in this respect can be taken?
3) What are the classes of civil courts under the civil courts ordinance 1962 ?
Which courts are deemed to be the principal civil courts of original
jurisdiction?
4) Who has the power of control over courts and presiding officer?
5) Write short notes on any three of the followings
a) Precept
b) Set Off
c) Benami
d) Garnishee

PCS JUDICIAL 2002

1) What conditions must be fulfilled in order that rule of res-judicata be
applicable?
2) On what grounds the court can review its order or judgment?
3) Write Particulars of five properties, which are not liable to attachment or
sale in execution of decree.
4) Write a short note on powers of a Distinct Judge
5) Write short notes on any five of the following.
a. Decree.
 b. Legal Representative.
c. Recognized agent.
d. Substituted service.
e. Inter-pleader suit.
f. Compensatory costs

PCS JUDICIAL 2003

1) What are the inherent power of civil courts? Give illustration of some
situation where inherent powers of the court can be invoked and where they
can’t be involved?
2) What are the fundamental rules of pleadings? When may the amendment of
pleadings be allowed by the court?
3) In whom is vested the general power of transfer of suit from one court to
another and under what circumstances it is exercised?
4) What are the supplemental proceedings the court is empowered to take to
secure the ends of justice?

PCS JUDICIAL 2005

1) What measures you suggest for expediting civil cases, including amendment
in procedure, without compromising principles of natural justice?
2) What provisions of CPC govern the remedy of review? Discuss
3) When and why a plaint may be rejected?
4) Describe the procedure of service on defendant when;
a. He refuses to accept service.
b. When he can not be found.
c. When he is in jail.
d. When he permanently resides in abroad.

PCS JUDICIAL 2006

1) Will you please distinguish between the expression “Res sub judice” and
“Res judicata”? Also explain the concept of “Actual Res judicata” and
“constructive Res judicata” as embodied in section 11 of CPC.
2) It is stated that principle of civil dispension of justice is based upon the
theory of adversarial hearing. Explain the importance of summoning of
defendants through different strategies employed in civil procedure code.
 Describe the circumstances in which substituted service can be invoked and
resorted to by the parties to suit and court.
3) Will you please describe the powers of the court to issue commission with
special reference to areas in which commission can be issued. Deals with the
powers of court to issue commission to examine the witness and persons for
whom examination, commission is issued. Also deals with the powers of
commission to submit report and what is evidentiary value of such report.
4) Will you please explain the territorial and pecuniary jurisdiction of civil
courts within the scheme as contained in the west Pakistan civil courts
ordinance, 1962.

PCS JUDICIAL 2008

1) 1)Write note on the following;
a. Suits against diplomatic agents.
b. Inter pleader suit
c. Suits against public charities.
2) Define and discuss the scope of appeal, review and revision.
3) Discuss the particulars containing a plaint and the grounds on which it can
be rejected.
4) Discuss the territorial and pecuniary limits of a civil court.
5) Discuss the circumstances under which q permanent injunction can be
granted and refused.

Civil Judge-Cum-Judicial Magistrates Recruitment

Examination 2006
1) Who should be joined as parties to suit? Draw distinction b/w necessary and
proper parties.
2) Under what provisions of CPC temporary injunctions are granted? State the
principle to be kept in view by the court while granting or refusing
temporary injuction.
3) What do you understand by attachment before judgement?
4) What are the different modes of execution of a money decree, a decree for
partition, a decree for pre-emption and a decree for specific performance?
5) Write a short note on
a. Res judicata
b. Res sub judicata
 c. Ex partee decree
d. dismissal in default
e. local commission
6) “Civil courts are, the courts of ultimate jurisdiction for trying cases of civil
nature”. Discuss briefly with reference to the relevant provisions of law.
Give instances of suits of civil nature.
7) What do you understand by *consent decree*? Is such decree is appealable
under the law?
8) What are the different modes of service provided by CPC? What do you
understand by “substituted service”.
9) What do you understand by “Sufficient cause” within the meaning of sec 5
of Limitation act 1908 for extending the period of limitation for appeal,
application or review? State such possible causes.

Civil Judge-Cum-Judicial Magistrates Recruitment

Examination 2009
1)Explain the following remedies with reference to following provision of CPC
stating circumstances in which these are to be availed:
a) Regular second appeal
b) Revision
c) Review
2)Explain the following concepts w.r.t the relevant provisions of CPC and west
Pakistan civil court ordinance
i. Territorial jurisdiction
ii. pecuniary jurisdiction w.r.t courts of civil judge
3)How will you proceed to execute following decree…
i. for recovery of possession of immovable property
ii. for specific performance of agreement to sell
iii. recovery of money
4)Courts have jurisdiction to try all suits of a civil nature. Is there any exception?
& what are suits of civil nature illustrate.
5)Can court strike or add parties? If so, would it cause amendment in the
pleadings. (Quote the relevant provision of law) & How the limitation shall start
against the added party?
6)Write a note on following
a. Preliminary decree
b. interrogatories
c. Mesne profit
7)Define the territorial & pecuniary limits of a civil courts.

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Examination 2013
1) Is there any difference between actual Res judicata & constructive Res
judicata in the light of sec 11 of cpc?
2) Explain and comment the inherent powers of civil courts with special
reference to the powers of the court to amend judgements, decree or orders?
3) what are the supplement proceedings that court is empowered to take to
secure the ends of justice?
4) In what circumstances a civil court can issue commission? Can court issue
commission only on move of a party to suit?

Civil Judge-Cum-Judicial Magistrates Recruitment

Examination 2015
1) Describe different ways of determination of territorial jurisdiction of civil
court.
2) what are different methods of execution of decree in other districts and
provinces?
3) Write a note on the following:
a. constructive res judicata
b. attachment of salary of a civil servant
c. Execution of a decree against govt
4) What do you understand by foreign judgement, presumptions attached to
such judgements &
5) what’s the procedure for the execution of such judgement?
6) what are the Different modes of service provided by cpc?
 7) Describe/mention cases in which preliminary decrees are required to be
passed.
8) what are the measures for filing a suit on behalf of minors and persons of
unsound mind?
9) What powers are available to court under supplemental proceedings? What
powers are available to court under incidental proceedings?

Civil Judge-Cum-Judicial Magistrates Recruitment

Examination 2017
1)Write a short note on following:
a) set off
b) interrogatories
c) inter meddler
d) inter pleader suit
e) interlocutory orders
2)Akram being public servant performing his functions in the establishment
was alloted an official residence. After six months he was transferred to field
job and was served upon a notice to vacate the house but his children had, to
appear in the examination to be held after two weeks. However, under the
transfer policy, he was alloted to retain the house for three years. Along witj
plaint application for grant of temporary injunction was also filed.
Write order of temporary injunction.
3)Ahmed supplied certain goods worth 2.00 million received by Zahid on
behalf of his employer namely babar. However on account of non payment of
outstanding amount (2.00 million) within stipulated period, Ahmed filed a
recovery suit against Zahid. In written statement Zahid controverted contents of
the plaint and asserted that said amount was outstanding against babar. He also
raised preliminary Objections regarding maintainability of suit, limitation,
deficient court fee, non joinder of parties, false and vexatious calim and
exemplary costs. Dismissal of the suit also prayed for.
In the light of above facts frame the appropriate issues, what is law to claim
refund of court fee paid on the plaint if the court below rejects the sane on any
of the grounds provided in CPC or case remanded in appeal under rule 23 order
XLI CPC?