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AIBE Civil Procedure Code PYQs: Most Asked Sections, Orders & Case Laws
The All India Bar Examination (AIBE) 2026, conducted by the Bar Council of India (BCI), evaluates a law graduate’s understanding of key legal subjects required for professional legal practice in India. Among these AIBE Syllabus, the Civil Procedure Code (CPC) plays a crucial role as it governs the procedure for the administration of civil justice in courts. Since qualifying for AIBE 2026 is mandatory to obtain the Certificate of Practice (COP), candidates must have a clear understanding of the most important provisions of CPC.
This article compiles the most asked PYQs, frequently tested sections, important orders, and landmark case laws from the Civil Procedure Code to help candidates identify exam trends and focus on high-scoring areas during their AIBE preparation.
Most Repeated Civil Procedure Code (CPC) Questions in AIBE
Here are the most repeated AIBE Civil Procedure Code (CPC) PYQs that are based on the most frequently tested sections, orders, and procedural concepts.
1. Res Judicata is defined under which section of the Civil Procedure Code?
A. Section 9
B. Section 10
C. Section 11
D. Section 15
Answer: Section 11
2. The doctrine of Sub Judice is provided under which section of CPC?
A. Section 8
B. Section 9
C. Section 10
D. Section 11
Answer: Section 10
3. Which section of CPC provides that civil courts have jurisdiction to try all civil suits unless barred?
A. Section 8
B. Section 9
C. Section 12
D. Section 15
Answer: Section 9
4. A plaint shall be rejected under which provision of CPC?
A. Order 6 Rule 17
B. Order 7 Rule 11
C. Order 8 Rule 1
D. Order 9 Rule 13
Answer: Order 7 Rule 11
5. Which Order of CPC deals with the amendment of pleadings?
A. Order 5
B. Order 6 Rule 17
C. Order 7
D. Order 8
Answer: Order 6 Rule 17
6. Temporary injunctions are provided under which Order of CPC?
A. Order 37
B. Order 38
C. Order 39
D. Order 40
Answer: Order 39
7. Which Order deals with appearance of parties and consequences of non-appearance?
A. Order 8
B. Order 9
C. Order 10
D. Order 11
Answer: Order 9
8. Summary suits are governed under which Order of CPC?
A. Order 35
B. Order 36
C. Order 37
D. Order 38
Answer: Order 37
9. Appeals from original decrees are dealt with under which Order of CPC?
A. Order 40
B. Order 41
C. Order 42
D. Order 43
Answer: Order 41
10. Review of a judgment is provided under which provision?
A. Section 114 and Order 47
B. Section 115
C. Order 41
D. Order 43
Answer: Section 114 and Order 47
11. Which section deals with the place of suing in CPC?
A. Sections 15–20
B. Sections 21–25
C. Sections 26–30
D. Sections 31–35
Answer: Sections 15–20
12. Transfer of suits and proceedings is governed under which section of CPC?
A. Section 23
B. Section 24
C. Section 25
D. Section 26
Answer: Section 24
13. Which section deals with institution of suits?
A. Section 25
B. Section 26
C. Section 27
D. Section 28
Answer: Section 26
14. Which Order of CPC deals with pleadings in general?
A. Order 5
B. Order 6
C. Order 7
D. Order 8
Answer: Order 6
15. Written statement is governed under which Order of CPC?
A. Order 6
B. Order 7
C. Order 8
D. Order 9
Answer: Order 8
16. Discovery and inspection are dealt with under which Order?
A. Order 10
B. Order 11
C. Order 12
D. Order 13
Answer: Order 11
17. Production, impounding and return of documents are covered under which Order?
A. Order 12
B. Order 13
C. Order 14
D. Order 15
Answer: Order 13
18. Framing of issues is dealt with under which Order of CPC?
A. Order 12
B. Order 13
C. Order 14
D. Order 15
Answer: Order 14
19. Execution of decrees and orders is primarily covered under which section of CPC?
A. Section 36
B. Section 38
C. Section 39
D. Section 41
Answer: Section 38
20. Revision jurisdiction of the High Court is provided under which section of the CPC?
A. Section 114
B. Section 115
C. Section 116
D. Section 117
Answer: Section 115
Why Civil Procedure Code (CPC) Matters in AIBE 2026
The Civil Procedure Code (CPC) is one of the core procedural laws included in the AIBE syllabus. It governs the process through which civil disputes are filed, heard, and decided in courts. Since the All India Bar Examination (AIBE) tests the practical legal knowledge required for professional practice, understanding CPC is essential for every law graduate.
Here are a few reasons why CPC is important for AIBE preparation:
Regularly Asked in AIBE: Questions from CPC appear frequently in AIBE exams, especially from important sections, orders, and procedural concepts.
Foundation of Civil Litigation: CPC lays down the rules for filing suits, jurisdiction of courts, pleadings, trial procedures, and execution of decrees.
Concept-Based Questions: Many AIBE questions test basic legal principles such as res judicata, sub judice, jurisdiction, and injunctions.
Important for Legal Practice: Since civil litigation forms a major part of legal practice, the Bar Council expects candidates to understand the procedural framework provided under CPC.
Focus on Key Orders and Sections: Orders related to pleadings, injunctions, appeals, and execution of decrees are commonly tested in the exam.
By focusing on frequently asked sections, important orders, and previous year questions from CPC, candidates can improve their chances of scoring well in the AIBE 2026 examination.
Frequently Asked CPC Orders in AIBE Previous Year Questions
In the AIBE examination, questions from the Civil Procedure Code (CPC) are usually asked from important Orders and Rules that deal with the procedural aspects of civil litigation. These provisions explain how suits are filed, how parties present their claims and defenses, and how courts manage trials and appeals. Understanding these orders is important because AIBE questions often test basic procedural knowledge rather than complex interpretations.
Case Law | CPC Principle | Key Observation | Importance for AIBE |
Keshavlal Jethalal Shah v. Mohanlal Bhagwandas (1968) | Res Judicata (Section 11) | Once a matter is decided by a competent court, the same issue cannot be litigated again between the same parties. | Frequently cited case explaining the doctrine of res judicata. |
Satyadhyan Ghosal v. Deorajin Debi (1960) | Doctrine of Res Judicata | The principle of res judicata applies even at different stages of the same litigation. | Helps understand the scope and application of res judicata. |
Manohar Lal Chopra v. Rai Bahadur Rao Raja Seth Hiralal (1962) | Inherent Powers of Court (Section 151) | Courts can use inherent powers to issue orders necessary for justice even if not expressly mentioned in CPC. | Important for questions related to injunctions and court powers. |
Salem Advocate Bar Association v. Union of India (2005) | CPC Amendments | The Supreme Court upheld procedural reforms aimed at speeding up civil litigation. | Important case explaining procedural efficiency in civil trials. |
A. Venkatasubbiah Naidu v. S. Chellappan (2000) | Temporary Injunctions (Order 39) | Courts must ensure compliance with injunction orders to protect rights of parties. | Helps clarify the scope and enforcement of temporary injunctions. |
Most Important CPC Sections for AIBE
CPC Section | Topic / Provision | Key Concept |
Section 9 | Jurisdiction of Civil Courts | Civil courts have jurisdiction to try all suits of a civil nature unless barred by law. |
Section 10 | Stay of Suit (Sub Judice) | A court cannot proceed with a trial if the matter is already pending before another competent court. |
Section 11 | Res Judicata | Prevents the same dispute from being tried again between the same parties after final judgment. |
Section 15 | Court in Which Suit to Be Instituted | Every suit must be filed in the lowest court competent to try it. |
Section 16 | Suits to Be Instituted Where Subject Matter Is Situated | Suits related to immovable property must be filed where the property is located. |
Section 17 | Suits for Immovable Property in Different Jurisdictions | Allows filing of suits when property is located in multiple jurisdictions. |
Section 20 | Other Suits to Be Instituted Where Defendants Reside | Determines jurisdiction based on residence of the defendant or place where cause of action arises. |
Section 24 | Transfer of Suits | High Court or District Court has power to transfer suits or proceedings. |
Section 26 | Institution of Suits | Every suit must be instituted by presenting a plaint. |
Section 27 | Summons to Defendants | After filing a suit, summons must be issued to notify the defendant. |
Section 34 | Interest | Court may award interest on money decrees. |
Section 35 | Costs | Court has discretion to determine who will bear the costs of litigation. |
Section 36 | Application to Execution Proceedings | Provisions relating to execution apply to orders as well as decrees. |
Section 38 | Court by Which Decree May Be Executed | A decree may be executed by the court that passed it or the court to which it is transferred. |
Section 47 | Questions to Be Determined by the Executing Court | All questions relating to execution must be decided by the executing court. |
Section 96 | Appeal from Original Decree | Provides the right to appeal against original decrees passed by a lower court. |
Section 100 | Second Appeal | Allows second appeal to the High Court on substantial questions of law. |
Section 114 | Review | Court may review its own judgment under certain conditions. |
Section 115 | Revision | High Court can revise orders of subordinate courts where jurisdictional errors occur. |
Landmark Case Laws from CPC Asked in AIBE
The AIBE exam may occasionally include questions on important case laws that interpret key provisions of the Civil Procedure Code (CPC). These judgments help explain important procedural principles and their practical application in civil litigation.
Keshavlal Jethalal Shah v. Mohanlal Bhagwandas (1968)
This case clarified the principle of res judicata under Section 11 of CPC. The Supreme Court held that once a matter has been finally decided by a competent court, the same issue cannot be litigated again between the same parties. This principle prevents multiplicity of litigation and ensures finality in judicial decisions.
Satyadhyan Ghosal v. Deorajin Debi (1960)
In this landmark case, the Supreme Court elaborated on the doctrine of res judicata and its application at different stages of the same litigation. The Court explained that the principle applies not only to separate suits but also to different stages of the same proceeding.
Manohar Lal Chopra v. Rai Bahadur Rao Raja Seth Hiralal (1962)
This case is important in relation to temporary injunctions and the inherent powers of the court under Section 151 CPC. The Supreme Court held that courts possess inherent powers to issue orders necessary to achieve the ends of justice, even if such powers are not expressly provided in the CPC.
Salem Advocate Bar Association v. Union of India (2005)
This case dealt with the amendments made to the Civil Procedure Code, especially concerning case management, procedural efficiency, and the use of alternative dispute resolution (ADR). The Supreme Court upheld several amendments aimed at improving the speed and efficiency of civil litigation.
A. Venkatasubbiah Naidu v. S. Chellappan (2000)
This case clarified the scope of temporary injunctions under Order 39 and the remedies available when such injunctions are violated. The Supreme Court emphasised that courts must ensure compliance with injunction orders to protect the rights of parties.
25 Most Repeated CPC PYQs in AIBE
Jurisdiction & Basic Principles
1. Under which section of the Civil Procedure Code do civil courts have jurisdiction to try suits unless barred?
A. Section 8
B. Section 9
C. Section 10
D. Section 11
Answer: Section 9
2. The doctrine of Res Judicata is provided under which section of CPC?
A. Section 10
B. Section 11
C. Section 12
D. Section 13
Answer: Section 11
3. The principle of Res Sub Judice is contained in which section of CPC?
A. Section 9
B. Section 10
C. Section 11
D. Section 12
Answer: Section 10
4. When a suit is instituted against the Government, prior notice must be given under:
A. Section 78
B. Section 79
C. Section 80
D. Section 81
Answer: Section 80
5. The provision dealing with foreign judgments in CPC is:
A. Section 12
B. Section 13
C. Section 14
D. Section 15
Answer: Section 13
Appeals and Decrees
6. Appeal from an original decree lies under which section of CPC?
A. Section 94
B. Section 95
C. Section 96
D. Section 97
Answer: Section 96
7. Second appeal to the High Court is provided under:
A. Section 100
B. Section 101
C. Section 102
D. Section 103
Answer: Section 100
8. Review of judgment is provided under:
A. Section 112
B. Section 113
C. Section 114
D. Section 115
Answer: Section 114
9. Revision jurisdiction of the High Court is under:
A. Section 113
B. Section 114
C. Section 115
D. Section 116
Answer: Section 115
Orders Frequently Asked in AIBE
10. Which order deals with parties to suits?
A. Order 1
B. Order 2
C. Order 3
D. Order 4
Answer: Order 1
11. The issue and service of summons is covered under:
A. Order 4
B. Order 5
C. Order 6
D. Order 7
Answer: Order 5
12. Which order deals with pleadings in CPC?
A. Order 5
B. Order 6
C. Order 7
D. Order 8
Answer: Order 6
13. The particulars of a plaint are mentioned in:
A. Order 6
B. Order 7
C. Order 8
D. Order 9
Answer: Order 7
14. Written statement and set-off are provided under:
A. Order 7
B. Order 8
C. Order 9
D. Order 10
Answer: Order 8
15. Appearance of parties and consequence of non-appearance is covered under:
A. Order 8
B. Order 9
C. Order 10
D. Order 11
Answer: Order 9
16. Examination of parties by the court is under:
A. Order 9
B. Order 10
C. Order 11
D. Order 12
Answer: Order 10
17. Discovery and inspection are covered under:
A. Order 10
B. Order 11
C. Order 12
D. Order 13
Answer: Order 11
18. Settlement of issues is provided under:
A. Order 12
B. Order 13
C. Order 14
D. Order 15
Answer: Order 14
Injunctions, Execution & Miscellaneous
19. Temporary injunctions are covered under:
A. Order 37
B. Order 38
C. Order 39
D. Order 40
Answer: Order 39
20. Interpleader suits are dealt with under:
A. Order 33
B. Order 34
C. Order 35
D. Order 36
Answer: Order 35
21. Summary procedure is provided under:
A. Order 36
B. Order 37
C. Order 38
D. Order 39
Answer: Order 37
22. Arrest before judgment is provided under:
A. Order 37
B. Order 38
C. Order 39
D. Order 40
Answer: Order 38
23. Appointment of receiver is under:
A. Order 39
B. Order 40
C. Order 41
D. Order 42
Answer: Order 40
24. Appeals from original decrees are governed by:
A. Order 40
B. Order 41
C. Order 42
D. Order 43
Answer: Order 41
25. Appeals from orders are covered under:
A. Order 42
B. Order 43
C. Order 44
D. Order 45
Answer: Order 43
Top 50 CPC Sections & Orders for AIBE – Quick Revision Table
Provision | Topic | Why Important for AIBE |
Section 9 | Jurisdiction of Civil Courts | Frequently asked conceptual question |
Section 10 | Stay of Suit (Res Sub Judice) | Important doctrine |
Section 11 | Res Judicata | One of the most repeated questions |
Section 12 | Bar to Further Suit | Conceptual question |
Section 13 | Foreign Judgments | Common MCQ topic |
Section 14 | Presumption as to Foreign Judgments | Asked with Section 13 |
Section 15 | Court in Which Suits to be Instituted | Jurisdiction principle |
Section 16 | Suits Related to Immovable Property | Territorial jurisdiction |
Section 17 | Property Situated in Jurisdiction of Different Courts | Property disputes |
Section 20 | Other Suits to be Instituted | Place of suing |
Section 24 | Transfer of Cases | Powers of High Court/District Court |
Section 26 | Institution of Suits | Procedure for filing suit |
Section 35 | Costs | Court powers |
Section 47 | Questions to be Determined by Court Executing Decree | Execution proceedings |
Section 80 | Notice to Government | Very frequently asked |
Section 89 | Settlement of Disputes Outside Court (ADR) | Arbitration/mediation concept |
Section 96 | Appeal from Original Decree | Important appeal provision |
Section 100 | Second Appeal | Substantial question of law |
Section 103 | Powers of High Court in Second Appeal | Often linked with Section 100 |
Section 114 | Review | Court power to review judgment |
Section 115 | Revision by High Court | Frequently asked |
Important Orders under CPC for AIBE
Order | Topic | Importance |
Order 1 | Parties to Suit | Basic procedural rule |
Order 2 | Frame of Suit | Cause of action |
Order 3 | Recognized Agents & Pleaders | Representation in court |
Order 4 | Institution of Suit | Filing process |
Order 5 | Issue and Service of Summons | Very common PYQ |
Order 6 | Pleadings | General rules of pleadings |
Order 7 | Plaint | Essential elements |
Order 8 | Written Statement | Defence by defendant |
Order 9 | Appearance of Parties | Consequences of non-appearance |
Order 10 | Examination of Parties | Clarification of pleadings |
Order 11 | Discovery and Inspection | Evidence preparation |
Order 12 | Admissions | Admissions in pleadings |
Order 13 | Production of Documents | Documentary evidence |
Order 14 | Settlement of Issues | Framing of issues |
Order 15 | Disposal of Suit at First Hearing | Early disposal |
Order 18 | Hearing of Suit & Examination of Witnesses | Trial procedure |
Order 20 | Judgment and Decree | Pronouncement of judgment |
Order 21 | Execution of Decrees | Very important |
Order 22 | Death, Marriage, Insolvency of Parties | Continuation of suits |
Order 23 | Withdrawal and Adjustment of Suits | Compromise |
Order 26 | Commissions | Appointment of commissioner |
Order 33 | Suits by Indigent Persons | Access to justice |
Order 35 | Interpleader Suit | Frequently asked concept |
Order 37 | Summary Procedure | Important commercial suits |
Order 38 | Arrest and Attachment Before Judgment | Interim remedy |
Order 39 | Temporary Injunctions | Highly important |
Order 40 | Appointment of Receiver | Property protection |
Order 41 | Appeals from Original Decrees | Appeal procedure |
Order 43 | Appeals from Orders | Appealable orders |
10 CPC Case Laws Every AIBE Aspirant Must Know
1. Satyadhyan Ghosal v. Deorajin Debi (1960)
Topic: Res Judicata
The Supreme Court clarified the scope of the doctrine of res judicata under Section 11 of CPC. It held that once a matter has been finally decided between the same parties by a competent court, it cannot be re-litigated.
2. Manohar Lal Chopra v. Seth Hiralal (1962)
Topic: Temporary Injunction
The Court held that courts have inherent powers under Section 151 CPC to grant temporary injunctions even if the case does not strictly fall within the provisions of Order 39.
3. Kiran Singh v. Chaman Paswan (1954)
Topic: Jurisdiction
The Supreme Court ruled that a decree passed by a court without jurisdiction is a nullity, and its invalidity can be raised at any stage of proceedings.
4. Salem Advocate Bar Association v. Union of India (2005)
Topic: Civil Procedure Amendments
The Court upheld several CPC amendments aimed at speeding up civil trials, including case management and procedural reforms.
5. A.B.C. Laminart Pvt. Ltd. v. A.P. Agencies (1989)
Topic: Territorial Jurisdiction
The Court clarified that parties can choose one of several competent courts through an agreement, provided the court has jurisdiction under CPC.
6. Arjun Singh v. Mohindra Kumar (1964)
Topic: Ex Parte Proceedings
The Supreme Court explained rules regarding setting aside ex parte orders and emphasized strict compliance with procedural rules.
7. State of Punjab v. Geeta Iron & Brass Works Ltd. (1978)
Topic: Notice to Government (Section 80 CPC)
The Court held that serving notice under Section 80 CPC is mandatory before filing a suit against the government, except in urgent cases.
8. Ramrameshwari Devi v. Nirmala Devi (2011)
Topic: Delay in Civil Litigation
The Supreme Court stressed the need to prevent misuse of procedural laws and unnecessary delays in civil trials.
9. Sangram Singh v. Election Tribunal (1955)
Topic: Procedural Law Principles
The Court observed that procedural laws are meant to advance justice and not to obstruct it.
10. T. Arivandandam v. T.V. Satyapal (1977)
Topic: Rejection of Plaint
The Supreme Court directed courts to reject frivolous and vexatious plaints under Order 7 Rule 11 CPC to prevent misuse of the judicial process.
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