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Term Exams
Question Paper – Civil Procedure Code
LLB - 2019 (Section C)
By Ms. Avani Bansal

Instructions :

1. Please attempt any four of the six questions.
2. Please explain both the arguments and decision where-ever possible.
3. Please cite case-laws along with their analysis where relevant.
4. If there are more than one possibilities on a given issue, and the question is silent
on which one, please explore and explain both.
5. Please enter only your ID on the answer-sheet and upload the answers on UMS.
Also ensure to save a copy with you of your answer-sheet in case of any technical
difficulty with UMS. Please do not put your name in the answer-sheet.
6. Word Limit is 3000 words for all answers combined.

Question 1

Richa Goswamy is an Advocate in the Supreme Court of India and enters into an oral
contract with Ram Sharma, who operates RS Packaging Company, based in Delhi, on 15
May, 2021, for packaging and transporting all her household items from Delhi to Mumbai.
Mr. Ram Sharma quotes her an amount of Rs. 30,000, all costs included for packaging,
uploading in the truck, transporting from Mayur Vihar, Delhi to Bandra, Mumbai and
downloading at the given address. However, he also casually mentions that if she wants
she can get an insurance of all her stuff for 3 percent. Richa Goswamy does not clarify
what the 3 percent stands for.

On the day of the packaging, Mr. Sharma’s men package all her stuff and upload it in a big
size truck. One of Mr. Sharma’s junior asks Richa Swamy’s brother, who is also present
there – as to what will be the overall valuation of all the things combined and he says it
to be around 10 lakh Rs. There is no further conversation on this.

Next day, Mr. Sharma tells Ms. Goswamy to make the payment so that he can send the
truck. Ms. Goswamy asks for receipt and bank details. Mr. Sharma sends her an invoice of
75,000 Rs. Ms. Goswamy does not understand why he has raised such a high bill and calls
him up angrily. He explains that 30,000 Rupees is as agreed for packaging and transport.
In addition, his junior had made an insurance policy for 10 Lakh Rs. and so she has to pay
30,000 Rs. (on a 3 percent charge basis). Ms. Goswamy claims that she never really asked
for any insurance but then realizes that it is a bad case of miscommunication, between
her, Mr. Sharma, his junior and her brother and in any case the said money of 30000 Rs.
for insurance will go to insurance company i.e. ICICI and not to Mr. Sharma. She asks for
a copy of the insurance policy and Mr. Sharma duly sends her one through whatsapp. Mr.

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Sharma also explains that the remaining 15,000 Rs. is for GST + various road toll taxes,
including green tax that she has to pay. On this, Ms. Goswamy vehemently disagrees and
says that he should have included these costs in the transport costs. After much
negotiation, Mr. Sharma, decides to reduce 10,000 Rs. from the Bill and resends her a bill
for 65,000 Rs. (30K + 30K + 5K) for transport and packaging, insurance and GST
respectively. Ms. Goswamy makes the payment of 65,000 Rs. as instructed.

Now, she reaches Mumbai, only to find that all her stuff has not yet reached Mumbai. She
waits for another week, following up with Mr. Sharma who makes different excuses but
does not give her an exact date when her stuff will reach Mumbai. Extremely panicky, as
all her important material, including her office files, and documents are in the truck, she
lodges a case in the Bandra local court against Mr. Sharma. The local court in Bandra
issues notice to Mr. Sharma.

After two weeks pass by, she still does not receive her stuff and now files a case through
a lawyer friend in Karkadooma Court, Delhi.

Decide and elaborate on the following :

1) Which Court will have jurisdiction and what will be the arguments from Ms.
Goswamy and Mr. Sharma? (6.5 Marks)
2) Will stay of suit apply in this case? (6 Marks)

Question 2

Mr. Prateek Dwivedi is a social activist who has been helping people during the COVID
times by helping them to connect with Plasma donors, and sharing relevant information
about oxygen supply and hospital bed availability. He is based in Delhi and gets in touch
with a Pune based company which supplies Oxygen Concentrators. He places an order for
two oxygen concentrators, of 10 Litres each, with a cost of Rs. 65,000 each (total of 1 Lakh,
30,000 Rs.). The Company sends him a brief sales contract, as per which he has to pay an
advance of 1 lakh Rs. and the remaining 30,000 Rs. after delivery and in case of any
dispute, the Pune Court has to have jurisdiction.

Mr. Prateek sends 80,000 Rs. on the same day as that of the contract namely 1st April,
2021. He then calls up the sales person of the Company and requests him to dispatch the
oxygen concentrators at the earliest citing grave urgent need. He also orally tells them
that he is arranging to send the remaining 20,000 Rs. advance at the earliest. The
company dispatches the oxygen concentrators and they are received by Mr. Dwivedi in
Delhi the very next day. However Mr. Dwivedi then checks their website and realizes that
the Company has only displayed 35,000 Rs. for Oxygen concentrator of 10 L and he feels
cheated because the sales representative of the company had quoted him a much higher
price on telephonic conversation i.e. 65,000 Rs.

2

Mr. Dwivedi calls up the company and asks them to refund 10,000 Rs. as per the price
displayed on the Company’s website. The Company representative claims that the prices
have been changed on the same day only and that till their conversation with Mr. Dwivedi
the price was Rs. 65,000 each. The Company representative asks Mr. Dwivedi to pay the
remaining amount of Rs.20,000 (advance remaining) and Rs. 50,000 (due) at the earliest.

Mr. Dwivedi files a case in Pune Court through his lawyer for a refund of Rs. 10,000
against the Company. The Company in their reply asks for Rs. 70,000 at the earliest.

After the initial reply, the Company fails to appear in the case and the Court makes an
order against Mr. Dwivedi to pay Rs. 70,000 to the Company in an ex-parte order. Both
the Company and Mr. Dwivedi file the first appeal.

Decide the following :

1) Will a set-off or counter-claim apply in this case. If yes, what will be the arguments
from both sides? (6.5 marks)
2) Will there be a consequence of non-appearance of the Company and how will the
court in first appeal look at ex-parte order? Explain with relevant sections. (6
marks)

Question 3

Mr. Yuvraj Singh is the son of late Mr. Mahendra Singh, who himself was a prince and
inherited the legacy and estate of his late father – Mr. Raghvendra Singh who, was the
ruling king of Sultanpur before India’s independence. Yuvraj Singh’s and his younger
brother, Yuvkumar Singh have a dispute over the property inherited by their father.
Yuvraj Singh has filed a case in the local court of Sultanpur for a declaration that he is the
rightful owner of the property, seeking an interim injunction against his younger brother
from alienating any property while the pendency of the matter. Yuvkumar Singh on the
other hand has alleged in his written statement that his elder brother has entered into a
contract with the Taj group to build a 15 storey luxury hotel spread over 100 acres of land
and seeking to add the Taj group as a necessary party to the dispute. He has also prayed
the Court to appoint a Receiver for the entire 200 acres disputed estate till the final
resolution of the case. While 150 acres of the disputed land is in Sultanpur, UP, the
remaining 50 acres is in the adjoining district of Mehargarh in Rajasthan. The Court is
about to hear the case for interim injunction. On the date of the hearing, Yuvkumar makes
an application that Yuvraj be arrested as he is about to escape the country and produces
an email which has air-ticket to London attached therewith.

Decide the following -

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 1) Spot the relevant issues in the case and elaborate on the arguments from both
Yuvraj and Yuvkumar’s side. (6.5 marks)
2) Is the court likely to pass an interim order for arrest before judgment and appoint
a receiver? Discuss with relevant sections. (6 marks)

Question 4

Sudhabai has approached the local court in Gurgaon claiming that she is the legally
married wife of Ramesh Kumar, but has been deserted by him for last two years. She is
praying for restitution of conjugal rights under the Hindu Marriage Act. Ramesh Kumar
in his written reply has said that he no longer wants to stay with Sudhabai but has failed
to give any concrete reason for the same. Sudhabai in her plaint has mentioned that they
were married in April 1980 and that she has three children with him, two sons of 24 and
23 years respectively and one minor daughter who is only 5 years old. She has also
alleged that Ramesh Kumar is having an affair with one Radha Singh, and has been staying
with him. Ramesh Kumar has denied this in his written statement.
Ramesh Kumar had also made an interim application before the Court asking for
visitation rights to his minor daughter and alleged that Sudhabai wasn’t letting him to
meet his minor daughter. However the Court passed an interim Order against Ramesh
Kumar for visitation rights on 25th April, 2021, alleging instead that he should start co-
habiting with his wife if he wants to meet his minor daughter.

The Court has passed a final Order on 25th May, 2021 in favour of Sudhabai ordering for
restitution of conjugal rights.

However immediately after the Order was passed, Ramesh Kumar met his aunty who
gave him some evidence that goes on to prove that Ramesh Kumar and Sudhabai are first
cousins.

What is best option for Ramesh Kumar and how and where should he challenge the said
Order? (6 Marks)

Also, can Ramesh Kumar challenge the interim order as regards visitation rights to his
minor daughter, especially since he did not challenge it earlier, when it was passed? (6.5
Marks)

Question 5

1. Elaborate on the principles laid down in Dhulabhai v. State of M.P., (1968)3 SCR
662 and explain the difference in the scope of powers of a Tribunal versus civil
courts. (6 Marks)
2. Explain the legal difference between First Appeal and Second Appeals with adequate
reference to case laws. (6.5 Marks)

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Question 6

1) Explain the difference between Revision and Reference, with the help of an
illustration. (6.5 Marks)
2) Explain the difference between necessary and proper party to a suit, with the help
of an illustration. (6 Marks)