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Civil procedure code

Q. 1.(a) Define Counter Claim. Distinguish between counter claim and setoff.
(b) The plaintiff delivered one thousand bags of potatoes to the defendant, the cold storage proprietor
on certain conditions for preservation. The defendant did not fulfil all those conditions and thereby
committed breach of contract. The plaintiff filed a suit for damages. The defendant filed counter
claim.
Discuss the effect of the counter claim in the light of statutory provision and decided cases.
Q. 2.(a) What should a court do when plaintiff is present and the defendant is absent ? What remedies
are available to defendant in such case ? When can an ex parte decree be passed and when it be set
aside?
(b) What are the consequences of plaintiff's failure to appear when the defendant is present ? What
remedy is available to plaintiff ?
Q. 3.(a) Explain in detail the different modes of execution of a decree under Civil procedure Code.
(b) 'A' obtains a decree against 'B' for Rs. 10,000. Subsequently, 'A' agrees to accept Rs. 7,000 in full
satisfaction of the decree and 'B' pays Rs. 7,000 out of court, but neither the payment not the adjustment
is certified by the court. 'A' applies for execution of the full amount of the decree notwithstanding
receipt by him of Rs. 7,000. 'B' objects to the execution on the ground that the decree has been adjusted
and the payment has been made. Discuss.
Q. 1(a) What is set off? Discuss the provisions regarding set off as provided under the Civil
Procedure Code and distinguish between legal and equitable set off.
(b) A sues B, on a Bill of Exchange. B alleges that A has wrongfully neglected to insure B's goods and
is liable to him in compensation which he claims to set off. Can the amount be set off ? Discuss.
Q. 2(a) Explain and illustrate the principle of restitution. Is an order granting restitution appealable ?
(b) Who may apply for restitution ? Against whom restitution can be granted?
Q. 3(a) Discuss the principle of 'Res-judicata' in the following proceedings:
(i) application for Amendment of Decree
(ii) Application for Review
(iii) order of maintenance
(b) Distinguished between 'Res-judicata' and 'Res-subjudice'.
Q. 4(a) Unless a right of appeal is clearly given by statute, it does not exist ? comment. Can an
appellate court reverse a decree on the ground of misjoinder of parties ?
(b) The head office of a transport company was situated at Chandigarh and the branch offices as
Lucknow, Jaipur and Patna. A dispute arises between X and the company in respect of a transaction
made through Lucknow office. X files a suit in respect of this dispute against the company in a Court
at Jaipur. How the court will decide ?
Q. 1(a) Discuss fully the conditions which are required to constitute a matter res-judicata and
comment upon the following statement "A verdict against a man suing in one capacity will not stop
him when he sues in another distinct capacity".
(b) 'A' files a suit for declaration that he is entitled to certain lands as heir to 'B'. The suit is dismissed.
Can he claim in the later suit title to the same properties on the basis of adverse possession ?
(c) A Munsif decided in a maintenance suit that the husband had abandoned his wife and therefore, the
latter was entitled to maintenance. Does the subsequent petition filed by the husband for judicial
separation under Section 10 of the Hindu Marriage Act, 1955 operate as res-judicata ? give reasons for
your answer.
Q. 2(a) What is an 'inter-pleader suit'? When and by whom can it be instituted ?
(b) When can temporary injunction be granted by a Civil Court ?
(c) In what circumstances can the property of defendant be attached before Judgment ?
(d) What is the procedure prescribed for suit by or against a firm ?
Q. 3(a) What facts are essential in a notice under Section 80 of Civil Procedure Code ? What be the
effect upon suit against the Central Government, the State Governments or their officers if the said
notice is not given ?
(b) What is a representative suit ? By whom and under what circumstances can such a suit be filed ?
(c) When can an aunction sale of immovable property in execution of a decree be set aside ? Who can
get it set aside ?
(d) State the provisions which govern the determination of the place of suing.
Q. 1(a) Discuss the statement that an executing court cannot go behind the decree. What are the
questions that may be determined by the court executing the decree ?
(b) What do you understand by the pecuniary jurisdiction of a court ? Will a court be competent to
hear a suit exceeding its limits if the parties to the suit have given their consent ?
(c) Discuss the powers of the court to grant temporary injunction.
Q. 2(a) Explain constructive res judicata.
(b) Who is an indigent person ? What is the mode of instituting suits by such person ?
(c) Can revision befiled against an order of a court disallowing an important question put to witness ?
(d) A files a suit against B for possession of House-X on the ground that the house belonged to
deceased C, who made a will of the house in his favour. A fails to prove the will. Hence, his suit is
dismissed Now, A files a fresh suit for getting the house against B on the new Ground, not taken in the
previous suit, that he being the nearest heir of C is entitled to get the house. Is this suit maintainable ?
Q. 3(a) 'Unless a right of appeal is clearly given, by statue, it does not exist'. Comment. Can an
appellate court reverse a decree on the ground of misjoinder of parties ?
(b) Does the Code of Civil Procedure make any provision for preventing courts of concurrent
jurisdiction from trying at the same time two parallel suits in respect of the same matter in issue ? If
so, what ? Discuss.
(c) A transport company has its head office at Chandigarh and branch offices at Chennai, Jaipur and
Mumbai. A dispute cropped up between Sam and the Company in respect of a transaction made
through Chennai office. Sam files a suit in respect of this dispute against the company in a court at
Jaipur. How the court will decide ?
Q. 1(a) What is the procedure regarding the settlement of disputes in connection with execution,
discharge or satisfaction of a decasue before the execution court ? Can separate suit be filed for
settlement of such dispute ?
(b) State the circumstances in which a person aggrieved by the judgment of the court may apply for
review of its judgment ?
Q. 2(a) Distinguish between Resjudicata and Res subjudice.
(b) When does a suit stand abated ? What do you understand by complete and partial abatement ?
(c) A Plaintiff who is entitled to sue for possession and damages files a suit for possession only. The
suit is decreed. Can he file a suit for recovery of damages ? Give reasons for your answer.
Q. 1 What is meant by 'Res-Judicata'? What is the public policy behind this principle ? Whether the
provisions contained in the code of Civil Procedure are exhaustive ? Whether the principle of Res-
judicata applies to execution proceedings ? When a judgment operates as Res-judicata between co-
defendants ? Answer the different aspects under separate sub- headings.
Q. 2 (a) Who is a minor under the Indian Law ? State the procedure to be adopted for a suit by or
against a minor and persons of unsound mind. A compromise decree is passed in a suit involving the
interest of minor. Can the minor challenge such decree ? If so, on what grounds?
(b) Discuss the validity of the following :-
(i) decree against a person of unsound mind, supposing him to be of sound mind.
(ii) decree passed against a minor in a suit in which he is not represented by a guardian ad litem.
(iii) a person who was a minor at the date of the institution of the suit with a properly appointed
guardian ad litem attains majority during the pendency of the suit: but no steps are taken to remove the
guardian ad litem and decree is passed against him as a minor.
Q. 3 (a) Mr. X claims a right of light and air through two windows of his house which open towards
Mr. Y's land. Mr. Y does not recognize this claim and starts constructing the house in such a way that
Mr. X will naturally get less light and air through the windows of his house. Mr. X wants to file a suit
against Mr. Y for some permanent relief and also wants an immediate relief during the pendency of
such suit. Advice what permanent and immediate relifefs may be claimed by Mr. X and under what
provisions of the statutory laws. What shall have to be pleaded and argued by Mr. X to ensure the
claim of an immediate relief from the court ?
(b) Distinguish between Appeal, Revision, Review and Reference. Can there be a second Review or a
second Revision?
Q. 1.(a) Explain if the rule of conclusivencess of foreign judgment is different in its operation from the
rule of res judicata.
(b) Can a court in India consider whether conclusions reached in a foreign judgment are supported by
the evidence or are otherwise correct ?
(c) When and how a decree of any oreign court can be executed in India ?
Q. 2.(a) Explain if and when ; (i) interest prior to the date of the suit, (ii) interest pendent lite and
(iii) future interest can be totally declined or granted at 6% p.a. or at the contractual rate by the Court.
(b) Can the court award interest :
(i) on the aggregate amount which includes the principal sum and the amount of interest;
(ii) at a rate higher than what was contracted between the parties;
(iii) in a suit which is not simpliciter for money;
(iv) by way of damages;
(v) while executing a decree;
(iv) in an appeal.
Q. 3.(a) Explain the rules governing denials by the defendant in his written statement.
(b) What are the conditions that msut exist for making an application for the execution of cross-decree?

(c) What is the procedure for attaching agricultural produce in the execution of a decree ?