Gap22-a:OF€3

c= SVRI,SN-
`
rf,
`,~,
ImlT p. REmA SCHOOL OF LAw / scHoOL

v/adericYear:2022-2o23
Year: in Semester: V
Prog[an BA, LL,J}.alons.) / B.B.A., LL.B.alons.)
Subject: CI'C & Limitation Act Batch: 2020-2025

Date : 12 November 2022 Tinieae:00 pin to 04:00 pin. 2 airs)

F=
r
No.of pages: 03.
hiks: 50
L=
FINAlj EXAMINATION

hstructions: Candidates should read carefully the instructions printed oh the questiofl paper and oD the cover
Of the Answer Booty which is provided for their use.

I) In all questions to be attempted.

2) Answer to each new question to be started on a fresh page.
-3) Figures in brackets on the righthand side indicate full marks.

Section A (Short Notes) (10 Marks)

Q1. Atul, Anil, Aman are the partners of a well-known FMGC snacks manufacturing flm at Nagpur. Atul
Seeks to leave the partnership on account of differences betwequ his partners.
AnilandAmanseekto.fileacaveatintheDistrictCourtwithAtulasthenariecaveatee.Explainwhat
is a caveat and the purpose.served by filing a caveat. (5 marks)

Q2. Aj ay is a reporter specializing in reporrfug about celebrities. He has publisbed an article on an actress and
modelnamedAnitaundertheheading"Anitaandherboyfriends".AnitaseekstosueAjayforRs.Fivecrores
and file a criminal case too. Ajay stays in Mumbai, Anita in Delhi, and the article is published in a local
newspaper in Mumbai.

Explain the difference between criminal and dvil action which Anita can take in this case. Moreover,
enlighten Ajay regarding the difference betweefl substantial and procedural law. (5 marks)
~ Section B (Compulsory) (10Marks)

Q3. The plaintiff M. Prakash instituted a suit against the defendant hdr. Uday seeking perpetual injunction
against M. Uday, to restrain him from interfedng with the peaceful possession of M. Prakash over the suit
property. M. Uday filed an application for rejeedon Of the plaint on the ground that it was barred under
clauses a) and (d) of Order 7 Rule 11 of the C.ode of Civil Procedure. The rejechon was sought on the ground
that Mr. Prakash has admitted the execution of sale deed in favour Of the defendant and despite this, no
declaration of invalidity of the said sale deed has been sought by Mr. Prakash. Mr. Prakash sought an
amendment of the plaint under Order 6 Rule 17 by seeking a declaration in respect of the sale deed and by
undertaking to correct the valuation / supply'ing the requisite stamp paper.

Page 1 of 3
 a. Can M. Prakash amend his plaint under Order 6 Rule 17, if his plaint is liable to be rejected under
clauses pertaining to the undervaluation of the suit and the claim being barred by law under Order 7
Rule 1 1? (4 marks)
b.. Can the Court extend the time for the correction of the valuation or for supplying the requisite stamp
paper? (2 marks)
c. What are the remedies/recourse availatle with M. Prakash if his plaint is rejected under Order 7 Rule
I I, CPC? (4 marks)

Section c (Attempt Any 2 out of3) (20 Marks)

Q4. M. Mohan, a resident of New Delhi has dven his premises at Gurugram on a three year lease to Crown
Perfumes Ltd., for three years on lst January 2015. The reSstered office Of Crown perfumes Ltd., is in New
Delhi. The lessee converted the Gunigram office in to a godown, did not leave the premises on the expiry of
the lease and had also stopped paying the rent. M. Mohan has decided to file a suit for eviction, recovery of
rent and mesne profits and seeks your answer for the `following questions.

a. Which court will havejurisdiction to try the suit and the limitations to file the eviction suit.
(3 marks)
b. Explain the procedure to serve the summons on Crown Perfumes Ltd., in case the officials of Crown
refuse to accept the summons. (3 marks) ~
c. What is mesne profit? M. Mohan is unsure of the amount of mesne profits he must claim in this case,
he seeks your advice if he could amend his plaint later or file a fresh suit. (4 marks)

Q5. M. Mckesh wants to file a case against M. Abdul.who is an assistant in the agriculture department of
the state of Rajasthan at Jaipur for recovery of a sum of Rs. 50,000 which he paid to M. Abdul under the
belief that the government will disperse certain seeds and agricultural equipment worth one latch rupees to
whoever will submit the .said amount. M. Mukesh approaches you regarding legal assistance.

a. hfom M. Mukesh regarding the procedure and nuances of filing a case against a government
employee. (5 marks)
b. The suit that M. Mckesh filed was decreed against Mr. Abdul holding him liable personally. An
execution application was filed by M. Mukesh, whereas the unsecured debt to M. Abdul was
requested for attachment.
How will the court attach the unsecured debts to Mr. Abdul in the course of the execution proceeding
to fulfill the decree? (5 marks)

Q6. ABC Ltd. firm took a loan of Rs. 10 Lalch from M. Surmy who runs a money lending business. The loan
was not secured by any property; however M. Sunny took a promissory note along with a cheque of Rs. 10
Latch from ABC Ltd. which was dishonored when presented. Advise M. Sunny regarding the availability and
procedure of an expedited process of recovering the loan amount from ABC Ltd. under the Code of Civil
Procedure,1908. (10 marks)

Section D (Compulsory) (10 Marks)

Q7. The recovery suit filed by M. Amol is decreed against M. Wani on 20 March 1991. The suit is decreed
subject to payment of the deficient amount of court fee. There was a delay in preparing the decree by the
secretarial staff for want of the deficient amount of court fee. M. Amol paid the deficient court fee on 15 May
1991 and the decree is prepared on the same day. M. Wani applied for a certified copy of the judgment and

Page.2 of 3
the decree on 17 July 1991 which he received on 1 1 Sep 1991 and filed an appeal t)efore the High Court on
22 Sep 1991. Mr. Amol argues that the appeal is time-barred.

In light of the al]ove factual matrix answer the following:

a.Assumingthattherewasnocoutfeedue,whethertheexclusionoftimeisallowedinthiscase?If so,
how it is reckoned? dud lastly, whether the cout can condone the delay in filing the appeal by M.
Wani? (5 marks)
b.Withreferencetothedeficientcoutfeeintheabovecase,fromwhenthelimitationperiodiscounted?
(5 marks)

Page 3 .of 3