AIBE important questions on CPC test a fixed set of provisions: jurisdiction and res judicata (sections 9 to 11), notice to government (section 80), caveat (section 148A), appeals, review and revision (sections 96 to 115), and key Orders such as VII rule 11, VIII rule 1, IX, XXXVII and XXXIX. In the AIBE XXII syllabus the Code of Civil Procedure has 10 of 100 questions and the Evidence Act and Bharatiya Sakshya Adhiniyam (BSA) 8. The Limitation Act, 1963 is not a separate head, so prepare its key Articles with CPC.
| Point | Position |
|---|---|
| Weightage in AIBE XXII | CPC 10; Evidence Act and BSA 8 |
| CPC structure | 158 sections and 51 Orders in the First Schedule |
| BSA | 170 sections, in force from 1 July 2024, replacing the Evidence Act, 1872 |
| Limitation Act | 32 sections and 137 Articles in the Schedule |
| Exam | 29 November 2026; Bare Acts without notes allowed |
High-yield CPC sections and Orders
- Definitions: s.2(2) decree (excludes an appealable order and dismissal for default), s.2(9) judgment, s.2(12) mesne profits, s.2(14) order.
- Jurisdiction: s.9 civil courts try all suits of a civil nature unless barred; s.10 res sub judice (stay of the later suit); s.11 res judicata with eight Explanations; s.15 suit in the court of lowest grade; ss.16 to 20 place of suing; s.21 objections to jurisdiction.
- Government suits: s.80, two months’ notice before suing the government or a public officer; s.80(2) allows urgent relief with leave.
- ADR: s.89 with Order X rules 1A to 1C (arbitration, conciliation, judicial settlement including Lok Adalat, mediation).
- Appeals and remedies: s.96 first appeal; s.100 second appeal only on a substantial question of law; s.102 no second appeal in money suits up to ₹25,000; s.104 with Order XLIII appealable orders; s.114 with Order XLVII review; s.115 revision.
- Execution: s.51 modes; s.58 civil prison up to 3 months (decree above ₹5,000) or 6 weeks (above ₹2,000 up to ₹5,000), no detention up to ₹2,000; s.60 property exempt from attachment.
- Miscellaneous: s.144 restitution; s.148 enlargement of time, not beyond 30 days in total; s.148A caveat, valid 90 days; s.151 inherent powers; s.152 correction of clerical errors.
- Orders: I rule 8 representative suit; II rule 2 omitted claims barred; VI rule 17 amendment of pleadings; VII rule 11 rejection of plaint; VIII rule 1 written statement in 30 days, extendable to 90; IX rule 13 setting aside ex parte decree; XVII rule 1 not more than three adjournments; XXI execution; XXXVII summary suits; XXXVIII arrest and attachment before judgment; XXXIX rules 1 and 2 temporary injunction.
High-yield BSA and Limitation Act provisions
BSA (old Evidence Act number in brackets): s.2 definitions, “document” includes electronic and digital records (3); s.4 res gestae (6); s.15 admission (17); s.23 confession to police (25 to 27); s.26(a) dying declaration (32(1)); s.39 expert opinion (45); s.63 certificate for electronic records (65B); s.104 burden of proof (101); s.117 and 118 presumptions in abetment of suicide and dowry death (113A, 113B); s.121 estoppel (115); s.132 professional communications (126, 127); s.138 accomplice (133); s.139 no particular number of witnesses (134); s.146 leading questions (141 to 143); s.157 hostile witness (154).
Limitation Act, 1963: s.3 court must dismiss a time-barred suit even if limitation is not pleaded; s.5 extension for sufficient cause for appeals and applications, but not suits or Order XXI applications; s.6 legal disability; s.12 exclusion of time for obtaining copies; s.14 time spent in good faith in a wrong court; s.18 written acknowledgment before expiry gives a fresh period; s.19 part payment; s.25 easement by 20 years’ enjoyment. Articles: 54 specific performance, 3 years; 58 declaration, 3 years; 64 and 65 possession of immovable property, 12 years; 113 residuary suits, 3 years; 116 appeal under CPC, 90 days to a High Court and 30 days to any other court; 123 setting aside ex parte decree, 30 days; 136 execution of a decree, 12 years; 137 residuary applications, 3 years.
Practise this in exam conditions. The AIBE practice pack has 300 original MCQs across all 19 subjects in the official weightage, with explanations citing the section, Order or case. AIBE Practice Pack, ₹199. Or test the full paper first with the free 50-question AIBE mock.
Landmark judgments for CPC and evidence
- Satyadhyan Ghosal v. Deorajin Debi (1960): res judicata applies between stages of the same proceeding.
- Dalpat Kumar v. Prahlad Singh (1992): prima facie case, balance of convenience and irreparable injury for injunctions.
- Kailash v. Nanhku (2005): the 90-day limit in Order VIII rule 1 is directory in ordinary suits; SCG Contracts (India) v. K.S. Chamankar Infrastructure (2019): 120 days is mandatory in commercial suits.
- Collector, Land Acquisition, Anantnag v. Mst. Katiji (1987): liberal approach to “sufficient cause” under s.5.
- Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal (2020): certificate is a condition for secondary electronic evidence.
Practice MCQs: AIBE important questions on CPC, evidence and limitation
The rule that a matter finally decided cannot be re-litigated between the same parties is in CPC: (A) s.9 (B) s.10 (C) s.11 (D) s.151
Answer
C. s.11, res judicata; s.10 only stays a later suit.
Before suing the government, notice under s.80 must be given: (A) 30 days (B) 60 days (C) two months (D) 90 days
Answer
C. Two months after delivery of the notice.
A caveat lodged under s.148A remains in force for: (A) 30 days (B) 60 days (C) 90 days (D) 6 months
Answer
C. s.148A(5): 90 days, unless the application is made earlier.
The outer limit to file a written statement in an ordinary civil suit is: (A) 30 days (B) 60 days (C) 90 days (D) 120 days
Answer
C. Order VIII rule 1: 30 days, extendable to 90 (120 in commercial suits).
A plaint that discloses no cause of action is rejected under: (A) Order VI rule 16 (B) Order VII rule 11 (C) Order IX rule 8 (D) Order XIV rule 2
Answer
B. Order VII rule 11(a).
Temporary injunctions are granted under: (A) Order XXXVII (B) Order XXXVIII (C) Order XXXIX rules 1 and 2 (D) Order XL
Answer
C. Order XL is appointment of receivers.
A second appeal lies only on: (A) any question of fact (B) a substantial question of law (C) mixed questions (D) quantum of costs
Answer
B. s.100 CPC.
The residuary period for suits not provided elsewhere is: (A) 1 year (B) 3 years (C) 12 years (D) 30 years
Answer
B. Article 113, Limitation Act.
A suit for possession of immovable property based on title must be filed within 12 years from: (A) date of title (B) date of sale deed (C) when the defendant’s possession becomes adverse (D) date of mutation
Answer
C. Article 65.
Section 5 of the Limitation Act does NOT apply to: (A) appeals (B) revision applications (C) suits (D) review applications
Answer
C. Delay in filing a suit cannot be condoned under s.5.
The certificate for admissibility of an electronic record is now in: (A) BSA s.57 (B) BSA s.61 (C) BSA s.63 (D) BSA s.65
Answer
C. s.63, with the certificate format in the Schedule (old s.65B).
Questions to a hostile witness by the party calling him are allowed under BSA: (A) s.146 (B) s.148 (C) s.157 (D) s.168
Answer
C. s.157 (old s.154); s.168 is the judge’s power to ask questions.
Once these AIBE important questions on CPC feel easy, take the AIBE XXII Mock Tests (₹149): five full papers with section-wise solutions.
Frequently asked questions
What are the AIBE important questions on CPC?
The most repeated AIBE important questions on CPC cover sections 9, 10, 11, 80, 89, 96, 100, 114, 115, 148A and 151, and Orders VII rule 11, VIII rule 1, IX rule 13, XXXVII and XXXIX.
Is the Limitation Act in the AIBE syllabus?
The Limitation Act is not one of the 19 named subjects in the AIBE XXII syllabus. Its main Articles tie into civil procedure, so read sections 3, 5, 14 and 18 and Articles 65, 113, 116, 123, 136 and 137 with your CPC revision.
Will AIBE ask Evidence Act or BSA sections?
Both may appear, because the syllabus says questions may come under the old code or its replacement. Keep a BSA Bare Act and know the old number for the main provisions.
Quick quiz
Q1. The limitation for executing a decree (other than a mandatory injunction) is:
- 3 years
- 6 years
- 12 years
- 30 years
Show answer
Answer: C. Article 136, Limitation Act: 12 years from enforceability.
Q2. A suit on a promissory note in which the defendant needs leave to defend is filed under:
- Order XXXIII
- Order XXXV
- Order XXXVII
- Order XXXVIII
Show answer
Answer: C. Order XXXVII, summary procedure.
Q3. Professional communications between client and advocate are protected under BSA:
- s.128
- s.132
- s.138
- s.139
Show answer
Answer: B. s.132, merging old ss.126 and 127; s.128 is marital communications.
All mocks and the 300-MCQ bank come together in the AIBE XXII Complete Pack (₹499).
Sources
- Code of Civil Procedure, 1908: sections and Orders cited above
- Bharatiya Sakshya Adhiniyam, 2023 and Indian Evidence Act, 1872 (for comparison)
- Limitation Act, 1963: ss.3, 5, 6, 12, 14, 18, 19, 25 and Schedule Articles cited
- Supreme Court judgments named above
- Bar Council of India Trust, AIBE XXII Syllabus dated 13.10.2026
This page is for education and general information, not legal advice for a specific case. Law as on 29 October 2026.
Useful books for this topic
- Bare acts of the new criminal laws (BNS, BNSS, BSA)
- Code of Civil Procedure bare act
- Legal drafting and conveyancing books
- Constitution of India (coat pocket edition)
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