National University of Study and Research in Law, Ranchi

End Term Examination 2021

Semester -- IV
Subject- CPC & Limitation
Subject Code- L110

Total Marks: 70 Maximum Time: 5 Hours

Instructions:

1) No clarifications shall be provided about the question paper during the course of the
exam.
2) Attempt 5 questions out of 7.

1. Critically analyze whether the following decisions of the court are Decrees or
Orders, with suitable legal provisions and case laws-
a. An order of Restitution
b. An order of Commission for taking evidences
c. Dismissal for default
d. A decision passed by an Administrative Tribunal 3.5X4=14 Marks

2. Discuss with reference to the relevant provisions of the Civil Procedure Code,
whether the following are suits or cases-
a. Dispute related to taking out of a religious procession
b. A dispute under the will made by the deceased father
c. A dispute under the Income Tax Act
d. A dispute related to the post of a mahant in a temple 3.5X4=14Marks.

3. Critically analyze the following problems in the backdrop of the principles of

Resjudicata and Res-subjudice under the CPC, with relevant provisions and case
laws-
i. Navin was injured when he was rear-ended while waiting at a stoplight. After
seeking medical treatment, Navin files a civil lawsuit seeking reimbursement
for his medical expenses, as well as for his time off work while he
recuperated. The judge decides in Navin’s favor, and orders the other driver to
pay Navin’s medical bills, missed work, and pain and suffering.
A couple of months later, Navin realize that he cannot afford to repair the damages
his car sustained in the accident. He files a second lawsuit, asking that the other driver
be ordered to pay for the Rs. 4,000 repairs.
ii. A Sub-inspector of police was dismissed from service by D.I.G. He
challenged the discussion by filing a writ petition in the High Court on the
ground that he was not given a reasonable opportunity of being heard before
the passing of the order. His contention was negated and the petition was
 dismissed. He then filed a suit and raised an additional ground that since he
was appointed by the I.G.P, the D.G. P. had no power to remove him.
iii. ‘A’ an agent of ‘S’ at Jaipur agreed to sell S’s goods in Bangalore. ‘A’ the
agent files suit for balance of accounts in Bangalore. ‘S’ sues the agent ‘A’ for
accounts and his negligence in Jaipur; while case is pending in Bangalore.
iv. ‘A’ and ‘B’ entered into contract for the sale of machine. ‘A’ first filed a suit
against ‘B’ at court Bombay, demanding recovery of the entire amount paid.
Subsequently, ‘B’ filed a suit against ‘A’ at court Delhi demanding Rs.18, 000
as outstanding balance. In A’s suit, ‘B’ took the defense that since both the
suits are on similar issues, A’s suit should be stayed. However, court Delhi
held that since A’s suit is the first suit and the subsequent suit had issues
similar to the first suit, it is the subsequent suit that is liable to be stayed.
3.5x4=14 Marks

4. What is a foreign judgment? When does a foreign judgment, becomes conclusive

in nature? Discuss with reference to decided case laws. 2+12=14 Marks

5. A sues 100 persons who have in pursuance of a conspiracy trespassed on his land
or have wrongfully confined him, and A asks for declaratory relief. In the light of the
above situation suggest the nature of suit which is required to be filed by A against
the 100 defendants. It is pertinent to mention here that each of the defendants had a
separate cause of action.
How does the above mechanism of filing suit differ from a Public Interest Litigation?
Substantiate your answer with relevant provisions from CPC and case laws. 7+7=14

6. Limitation bars the remedy, but does not destroy the rights. Critically analyze the
statement in the light of the relevant provisions of the law of limitation. 14 Marks

7. Write short notes on any two of the following-

a. Commissions
b. Interpleaded Suit
c. Suits by or against indigent persons
d. Review and Revision 7+7=14 Marks