Enrollment No…………………… DR. RMLNLU, LKO BALLB/IVthSem.

/ET/Apr-21/CPC
Time - 05 Hours Max-Marks :- 70

April - 2021
Civil Procedure Code
Note: Read the instructions carefully before attempting the answers:
(i) The Question Paper is divided into 2 Sections i.e. Section - A and Section - B.
(ii) The Examinee is required to attempt any 3 (three) Questions from Section - A, and any 2 (two) Questions from Section
- B. Figures in the margin indicate the Marks.
(iii) The assignment has to be submitted in a handwritten form. No other format would be acceptable.
(iv) The examinee has to write the answer in A4 Size or equivalent size sheets, ruled or un-ruled.
(v) The examinee must write his/her name, enrollment number, name of the subject on the first page of the answer.

(vi) The examinee has to mention his/her name and enrollment on every subsequent page.
(vii) The examinee must write down the page no. on every page in the format (No. of page of total pages) example-1 of
12, 2 of 12 etc.
(viii) The examinee must ensure that the scanned copy of the answer script is clear and legible, in PDF format and uploaded
as a single file and size should not be more than 30 MB. In case the office receives multiple files of the answer script,
only first response received shall be considered and other responses shall be ignored.

(ix) The name of the PDF file of the answer script must be (Enrollment No) (underscore) (Paper Name) for Example
150101154_Jurisprudence.
(x) The Scanned copy of the same has to be uploaded on Google form through the link-
https://forms.gle/QnTfAysFx7fkvzCZ6 till 04:00 PM on 28/04/2021. Examinee must be careful while
uploading the answer script as only first response would be accepted. Examinees must also take care before uploading
the PDF file of answer script that all the pages of the script have been added in the PDF file.
Only responses received through Google Form will be accepted. Answers received through email will not be
considered.
(xi) In case of any technical difficulty the examinee may contact Dr. Aman Deep Singh, Associate Controller of
Examinations on +91-9793085772, +91-8840353326 or 0522-2425902, 3, 4 Extn. 136.
(xii) The students must note that they are required to finish the writing of answers in three hours while they have to
answer one long question less. The time of two hours is more than sufficient for downloading paper and uploading
the answer-sheets. They must submit their answer sheets within 5 hours. Responses received after 04:00 PM shall
be dealt in accordance with the notification no. 332-21 dated 10.03.2021
(http://rmlnlu.ac.in/pdf/Notice_regarding_110321.pdf) available on the University Website. If they fail to do so they
would be afforded another opportunity to appear in the physical examination in such papers after the reopening of
the University but, in the interests of the students, the chance will not be counted as a repeat paper. The University
would ensure justice to all the students.

Section A (03X20)
1. What is a decree? Distinguish between a Decree and an Order. Are the following orders
amount to "decree"?
(A) An order rejecting a memorandum of appeal insufficiently stamped;
(B) Memorandum of appeal which is dismissed as time barred;
(C) An order returning a memorandum of appeal for amendment;
(D) An order that a suit abates.
2. What is return of plaint? If a plaint is returned under O7-R10 & 10A of CPC, for presenting
before a proper court, whether the suit shall proceed de novo or will it continue from the
stage at returning of the plaint?
3. What is a suit of civil nature? Discuss with the help of decided cases that every kind of
dispute is not entertainable by Civil Court. Give few examples.
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4. Does the Code of Civil Procedure make any provision preventing Courts of concurrent
jurisdiction from trying at the same time two parallel suits in respect of same cause of
action? Discuss.
5. B residing in Lucknow has an agent at Delhi employed to sell his goods there. A sues B in
Delhi claiming a balance due upon an account in respect of dealing between him and B.
During the pendency of the suit in Delhi B institutes a suit against A in Lucknow for an
account and damages caused by A's alleged negligence. Can the Lucknow Court proceed
with trial of B's suit?
6. Discuss the doctrine of constructive res judicata. A, alleging that he is the adopted son of
X sues B to recover certain property granted to him by X under a deed and forming part of
the estate of X. The Court finds that A is not the adopted son of X, but that he is entitled to
the property under the deed and a decree is passed in favour of A. Will the finding that A
is not the adopted son of X operate as res judicata in a subsequent suit between A and B in
which the question of adoption is again put in issue?

Section B (02X05)
7. What do you understand by non-joinder and mis-joinder of parties and mis-joinder of
causes of action?
8. What do you understand by Representative Suit?
9. State Rules relating to service of summons.
10. What is meant by "Pleadings"? Briefly, state the object and fundamental rules regarding
pleadings.

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