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Year Attempt Page No.

2016 May 2–3

2016 November 4–5

2017 May 6–7

2017 December 8–9

2018 June 10 – 11

2019 January 12 – 13

2019 May 14 – 15

2019 December 16 – 17

2022 November 18 – 19

2023 May 20 – 21

2023 December 22 – 23

2024 June 24 – 25

2024 December 26 – 27

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CPC — May 2016 (QP Code: 26007) — (Total Marks: 100)
Q.1 Answer in one or two sentences: (Any six) (12)

(a) In which court can the suit to recover immovable property be filed?

(b) What is the effect of filing of a caveat?

(c) To what extent are the legal representatives of a deceased defendant liable in execution of a
decree passed against the deceased defendant?

(d) What is a Letter of Request?

(e) What is an ex-parte decree?

(f) What is the effect of part-payment on limitation?

(g) Can the defendant in a summary suit file his written statement like in a regular suit?

(h) What is execution of a decree?

(i) What is the limitation for execution of a decree?

(j) What is meant by pleadings?

Q.2 Write short notes on any four: (20)

(a) Interpleader suits.

(b) Third-party procedure.

(c) Settlement of disputes outside court under Section 89 of the CPC.

(d) Attachable and non-attachable properties in execution of decree.

(e) Acquisition of right by prescription under the Limitation Act.

(f) Suit by or against an insolvent person.

Q.3 Solve any two problems with reasons: (Any two) (12)

(a) In 2008 Mr. A conceals from Mr. B a document by which Mr. B is entitled to get gift of
property. Mr. B discovers that document in the year 2012, after the limitation period.

(i) Can Mr. B still file a suit to recover the property under that document?

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(ii) Why?

(b) Mr. E files a suit against Mr. F for recovery of Rs. 25,00,000/- for goods sold to him and Mr. F
is served with the writ of summons to file his written statement in court. Mr. F’s contention is that
he suffered a loss of Rs. 5,00,000/- due to bad quality of some of the goods sold by Mr. E and, as a
result, he has a claim for loss and damage from E.

(i) Does Mr. F have to file a separate suit to recover his loss from Mr. E?

(ii) Why?

Q.4 Write essay type answers on any four: (Any four) (48)

(a) Jurisdiction and its types.

(b) What is limitation? When can it be extended under the various provisions of the Limitation Act?

(c) Injunctions and interlocutory orders.

(d) Suit by or against minors and persons of unsound mind.

(e) Commissions — their purpose and procedure.

(f) Discovery, inspection and interrogatories.

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CPC — November 2016 (QP Code: 303600) — (Total Marks: 100)

Q.1 Answer in two sentences: (Any six) (12)

1. What is quasi-judicial function?

2. What is subordinate legislation?

3. State the functions of a scrutiny committee.

4. Define the doctrine of laissez faire.

5. What is post-decisional hearing?

6. State two functions of civil servants.

7. Define a Henry VIII clause.

8. What is conditional legislation?

9. Define substantive ultra vires.

10. What is a speaking order?

Q.2 Write short notes on any four: (20)

1. Right to Information.

2. Separation of powers.

3. Legitimate expectation.

4. Committee on Public Undertakings (COPU).

5. Doctrine of proportionality.

6. Kinds of bias.

Q.3 Answer the situational/problem-based questions: (Any two) (12)

(1) The University cancelled the examination of a few students after verifying the attendance
record, but without giving them any notice. However, these students had actually appeared at the
examination.

(a) Whether the University can cancel the examination after the students have appeared in the

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exam?

(b) When do the principles of natural justice need to be followed? State any exemption, if available.

(2) Mr. A made the highest bid at an auction for the development of a ghat. The bid was accepted
by the Collector of that region. Mr. A deposited half of the auction money with the Government and
a provisional permit was granted to him. Mr. A was put in possession of the ghat and thereafter he
spent a large amount of money for the development of the ghat. Later, the Government wanted to
settle the ghat deal with another person. Mr. A challenged this action of the Government and
approached the court.

(a) Which writ can be issued in the above matter?

(b) Does the doctrine of estoppel apply in the above case?

(3) Mr. Y was appointed as a senior officer in a government department though he was not
educationally and experience-wise qualified for the post.

(a) What can be done to oppose such an appointment?

(b) Is there any remedy available?

(c) Explain the remedy in detail.

Q.4 Answer any four in detail: (Any four) (48)

(a) Define administrative law. Discuss the reasons for its growth.

(b) Discuss the principles of natural justice with special reference to working of tribunals.

(c) Discuss Dicey’s principles of rule of law.

(d) Explain judicial control of administrative action.

(e) What is a corporation? Discuss the characteristics of a corporation and explain the classification
of corporations.

(f) Explain any two of: (1) Droit Administratif (2) Vigilance Commission (3) Ombudsman.

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 CPC – May 2017 (Q.P. Code: 305201)

(All questions compulsory — 3 Hours — 100 Marks)

Q.1 Answer in one or two sentences (Any Six): (20 Marks)

a) In which court can the suit to recover immovable property be filed?

b) What is the effect of filing of a caveat?

c) To what extent are the legal representatives of a deceased defendant liable in execution of a
decree passed against the deceased defendant?

d) What is a Letter of Request?

e) What is an ex-parte decree?

f) What is the effect of part-payment on limitation?

g) What is Summons for Judgment in a Summary Suit?

h) What is execution of a decree?

i) What is a Foreign Judgment?

j) What is meant by mesne profits?

Q.2 Write short notes on any four: (20 Marks)

a) Interpleader suits

b) Appeal to the Supreme Court

c) Settlement of disputes outside court under Section 89 of CPC

d) Attachable and non-attachable properties in execution of decree

e) Acquisition of right by prescription under Limitation Act

f) Suit by or against a pauper or indigent person

Q.3 Solve any two problems with reasons: (12 Marks)

a) In 2008, Mr. A conceals from Mr. B a document by which Mr. B is entitled to get a gift of
property. Mr. B discovers that document in the year 2011.

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i. When will the period of limitation start for Mr. B to file a suit to recover the property under that
document?

ii. Why?

b) Mr. E files a suit against Mr. F for recovery of ₹ 25,00,000 for goods sold to him, and Mr. F is
served with a writ of summons to file his written statement. Mr. F contends that he suffered a loss
of ₹ 5,00,000 due to bad quality of some goods sold by Mr. E and claims damages.

i. What is Mr. F’s remedy to recover his loss from Mr. E?

ii. Can Mr. E defend such a claim? By which procedure?

c) A and B both reside in Mumbai in the same building. A agrees to sell his bungalow at Pune to B
on payment of ₹ 25 lakhs by demand draft. B prepares the draft, shows it to A, but A refuses to
complete the sale.

i. In which place can B file a suit against A to enforce the agreement for sale?

ii. Whether the court in Mumbai has jurisdiction to entertain such suit?

Q.4 Write essay type answers on any four: (48 Marks)

a) Jurisdiction and its types.

b) What is Law of Limitation? When can it be extended under the various provisions of the
Limitation Act?

c) State the provisions of the CPC relating to injunctions and interlocutory orders.

d) Reference, review, and revision.

e) Written statement, set-off, and counterclaim.

f) Arrest and attachment before judgment.

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CPC – December 2017
(All questions compulsory — 3 Hours — 100 Marks)

Q.1 Answer in one or two sentences (Any Six): (20 Marks)

a) Who is a next friend of a minor?

b) Who is an indigent person under the Civil Procedure Code?

c) What is a preliminary decree?

d) What is meant by inherent powers of the court?

e) When is a foreign judgment not conclusive?

f) How are summons served when the defendant resides in another state?

g) Who is a judgment debtor?

h) What do you mean by abatement of suit?

i) When are costs levied on the parties in a suit?

j) What is review?

Q.2 Write short explanatory notes on any four: (20 Marks)

a) Foreign judgment

b) Interim order and stay

c) Second appeal

d) Counterclaim

e) Interpleader suit

f) Adverse possession

Q.3 Answer any two with reasons: (12 Marks)

a) A filed a suit against B for declaration that the religious rites performed by B during the village

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Puja of the deity were not proper. B contends that he has been performing the puja as per Hindu
religious rites.

i. Is the suit maintainable by a civil court? Decide.

ii. Whether the right to worship in a temple is a civil right and is the suit of civil nature or not?

b) Arnab’s suit is fixed for hearing on 1st December 2016. He met with an accident and was
admitted to hospital on 30th November 2016 — one day before the hearing. Unable to inform his
advocate, an ex parte decree is passed against him.

i. What is the remedy available to Arnab on recovering from the hospital?

ii. What proof should he provide before the court?

c) A decree was passed against an adult person who had been sued as a minor, in ignorance that he
had become major.

i. What should the plaintiff do on learning the truth?

ii. Can the defendant refuse to honour the decree on the ground that the original plaint describes him
wrongly?

Q.4 Write essay type answers (Any Four): (48 Marks)

a) Give a brief account of different kinds of jurisdictions under the CPC.

b) Appeals to the High Courts and the Supreme Court.

c) Define summons. What are the different modes for serving summons under CPC?

d) Discuss the law relating to suits by or against the Government. Is there any exemption from
arrest and personal appearance?

e) Define injunction. Explain the grounds to grant temporary injunction.

f) Elucidate the general principle of limitation under the Limitation Act, 1963.

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CPC – June 2018 | Q.P. Code: 08250 | Marks: 100 | Time: 3 Hours

Q1. Answer in one or two sentences (Any Six): (20 Marks)

a) Limitation Act applies to which proceedings?

b) What are issues?

c) When is an ex-parte decree passed by the court?

d) What are the pre-requisites for filing a suit against Government?

e) What is a Letter of Request?

f) What is the definition of a Judge?

g) What is the effect of part-payment on limitation?

h) What is a foreign judgment?

i) In which court can the suit on an immovable property be filed?

j) What is revision?

Q2. Write short explanatory notes on (Any Four): (20 Marks)

a) Provisions of recognized agents and Pleaders

b) Plaint and written statement

c) Attachment before judgment

d) Appeal to Supreme Court

e) Stay of suit and Res Judicata

f) Interpleader suit

Q3. Answer any two with reasons: (12 Marks)

a) M, a minor, has her uncle take illegal possession of her property. Her mother wishes to file a suit
on behalf of the minor.

i) Can she do it? How?

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ii) What is the effect of limitation on such suit?

b) A files a suit against B for recovery of ₹ 50,00,000 and serves him the writ of summons fixing
19th October 2012. B has to recover ₹ 25,00,000 from A.

i) As B’s advocate, what procedure will you advise?

ii) In which court can B recover his claim against A?

c) D obtains a decree against E from a Mumbai court. But E has no property in Mumbai, though he
owns property in Pune.

i) What is the remedy of D to execute the decree in such case?

ii) If E also has property in Nashik, will it make a difference?

Q4. Write essay-type answers on any four: (48 Marks)

a) Suit by or against minors and persons of unsound mind

b) Decree – its types and execution of decree

c) What is limitation? What is the effect of fraud, part-payment and the Limitation Act?

d) Injunction and interlocutory orders

e) Reference, review and revision

f) Issue and service of writ of summons

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CPC – January 2019 | Q.P. Code: 67901 | Marks: 100 | Time: 3 Hours

Q1. Answer in one or two sentences (Any Ten): (20 Marks)

a) What is judgment?

b) Who is the next friend of a minor?

c) How is a suit instituted?

d) When a plaintiff is absent when their suit is called for hearing, what will the court do?

e) What is adjournment of hearing?

f) Who is the Garnishee?

g) What happens when the defendant dies while the suit filed against him is pending?

h) What is an interpleader suit?

i) What are issues?

j) What is the effect of the minority of the plaintiff on limitation?

Q2. Write short notes on (Any Four): (20 Marks)

a) Written statement, set-off, and counter-claim

b) Effect of acknowledgment in writing on limitation

c) Appointment of receiver, his powers, and duties

d) Jurisdiction and its types

e) Foreign judgment

f) Attachment before judgment

Q3. Solve any two problems with reasons: (12 Marks)

a) Mr. A.B. has filed a suit against Mr. C.D. The court has fixed a date for hearing. When A.B. (the
plaintiff), C.D. (the defendant), and their advocates are present, Mr. C.D. accepts and admits the
suit claim in writing without any dispute or objection in court.

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i) What order will the court pass?

ii) Can Mr. C.D. later appeal against such order?

b) Mr. E has borrowed ₹ 1,25,000 from Mr. F to be repaid with interest on the due date. Mr. E
makes part-payment of ₹ 1,00,000 after the expiry of the limitation period.

i) What will be the effect of such part-payment on limitation?

ii) Will it make a difference if part-payment was made before the expiry of limitation?

c) Mr. G files a suit against Mr. H for specific performance of an agreement for sale of immovable
property. While the suit is pending, Mr. H files another suit against Mr. G for cancellation of the
same agreement.

i) Can the second suit proceed?

ii) Why?

Q4. Write essay-type answers on (Any Four): (48 Marks)

a) Appeal, reference, review, and revision

b) Creation of ownership by adverse possession under the Limitation Act

c) Abatement of suit on death or insolvency of parties to the suit

d) Suits by and against the Government, Corporations, and Firms

e) Summary suits — how they differ from other suits

f) Decree, types of decrees, and execution of decree

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CPC – May 2019 | Q.P. Code: 67901 | Marks: 100 | Time: 3 Hours

Q1. Answer in one or two sentences (Any Ten) – 20 Marks

a) What are Pleadings?

b) What is Jurisdiction?

c) What is the pre-requisite for filing a suit against the Government?

d) Who is a Next Friend of a minor?

e) What is a Judgment?

f) What happens when the Plaintiff is absent on the date his suit is placed for hearing?

g) Who is a Decree-holder?

h) What is the effect of Acknowledgment in writing on Limitation?

i) What is an Issue of Commission?

j) What is a Foreign Judgment?

Q2. Write Short Notes on (Any Four) 20 Marks

a) Provisions of Appeal to Supreme Court as per CPC

b) Modes of Execution of Decrees and Orders

c) Suits by and against Corporations and Firms

d) Plaint and Written Statement

e) Extension of Limitation

f) Interpleader Suit

Q3. Solve any two problems with reasons 12 Marks

a) A and B enter into a contract for the sale of goods by A to B. The contract is made in Mumbai;

14
the goods are delivered in Chennai, and payment is to be made from Delhi.

B fails to pay the price despite delivery of goods. A wants to file a suit to recover the price from B.

i) In which city can he file the suit?

ii) Why?

b) C has taken a loan of ₹ 1,50,000 from D against a promissory note. After the limitation period is
over, C gives to D a written letter signed by him acknowledging the same loan.

i) What will be the effect of this letter on limitation?

ii) Would it make any difference if the said letter was given before the expiry of limitation?

c) Mr. AB has filed a suit against Mr. CD in Mumbai on 18th October 2018. After that date, on 18th
December 2018, Mr. CD files a suit against Mr. AB in Bangalore based on the same facts and cause
of action.

i) What is Mr. AB’s remedy?

ii) What order will the Court pass against Mr. CD?

Q4. Write Essay Type Answers on (Any Four) 48 Marks

a) Issue of Commission

b) Creation of Ownership by Adverse Possession under the Limitation Act

c) Reference, Review, and Revision

d) Interpleader Suits and their Procedure

e) Writ of Summons and Modes of its Service

f) Arrest and Attachment before Judgment

Civil Procedure Code & Limitation Act – December 2019

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Q1. Answer in one or two sentences (Any Ten) 20 Marks

a) What is Mesne Profit?

b) What is Stay of the Suit?

c) Who is a Judgment Creditor?

d) What is Precept?

e) What is Warrant of Attachment?

f) When can the Defendant file a Written Statement in a regular suit after service of Writ of
Summons?

g) What is Abatement of Suit?

h) What is an Ex-parte Decree?

i) What is Set-off?

j) What is meant by Misjoinder of Party in Suit?

Q2. Write Short Notes on (Any Four) 20 Marks

a) Rejection of Suit

b) Counter Claim

c) Summary Suit

d) Forma Pauperis

e) Injunction and Interlocutory Orders

f) Appeal from Order

Q3. Solve any two problems with reasons 12 Marks

a) A and B both reside in Mumbai in the same building.

A has entered into an agreement with B for the sale of his bungalow situated at Pune on 2nd
October 2019 for ₹ 25,00,000.

B has kept the demand draft ready and tendered it to A at Nashik (where A has his office), but A
refuses to accept the consideration and complete the sale as per agreement.

i) In which court can B file a suit against A to enforce the agreement for sale of the bungalow?

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ii) Which court will have jurisdiction to enforce the decree passed in favour of B? Why?

b) Mr. C has filed a suit against Mr. D. The Court has fixed 18th October 2019 for hearing.

When Mr. C and his advocate are present in court at the time his case is called out, Mr. D (the
defendant) and his advocate are absent. Mr. D has not filed the written statement.

Mr. D has suffered a heart attack but could not communicate this to his advocate, so he could not
tell the court about it.

The Court passes an ex parte decree against Mr. D.

i) What are Mr. D’s remedies against the ex parte decree?

ii) What order would have been passed had Mr. C and his advocate been absent and the defendant
and his advocate been present?

c) Mr. E obtains a money decree of ₹ 5,00,000 against Mr. F.

Mr. F does not pay the decretal amount despite demand. Mr. F resides in a flat in Mumbai standing
in the name of his wife and has ₹ 3,00,000 in a bank account in his name. Mr. F has also to recover
₹ 2,00,000 from Mr. G.

i) Can Mr. E attach the residential flat in execution for recovery of the decretal amount?

ii) Whether the bank is obliged to pay the money lying in the bank account of Mr. F? Advise Mr. E.

iii) Can Mr. E call upon Mr. G to deposit ₹ 2,00,000 in court?

Q4. Write Essay Type Answers on (Any Four) 48 Marks

a) Acquisition of Rights by Prescription under the Limitation Act — Explain.

b) Settlement of Suit outside the Court under Section 89 of the Civil Procedure Code — Explain.

c) Court Jurisdiction and its Types.

d) Suit by or against Minors and Persons of Unsound Mind.

e) Provisions relating to Execution of Decree under the Civil Procedure Code.

f) Provisions relating to Production, Impounding, and Return of Documents in Suit.

Civil Procedure Code & Limitation Act – November 2022

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Q1. Answer the following in two sentences (Any 6) – 12 marks

a) What is Garnishee Notice?

b) What is Pecuniary Jurisdiction?

c) Mention any two grounds for seeking a Review.

d) Enumerate any two classes of persons who are entitled to exemption from personal appearance in
court.

e) Who shall be deemed to be the recognised agents to appear, act and apply on behalf of the
Government in civil proceedings?

f) What is Subsistence Allowance?

g) What is Condonation of Delay?

h) Define ‘Plaintiff’ as per the Limitation Act, 1963.

i) What is Caveat?

j) What is Substituted Service?

Q2. Write Short Notes (Any 2) – 12 marks

a) Admission

b) Transfer of Suits

c) Appointment of Guardian in suits against minor defendants

d) Effect of unsoundness of mind and minority on the period of limitation

Q3. Answer the following with reasons (Any 2) – 12 marks

a) Raju, a resident of Solapur, entered into a contract with Sanjay for delivery of 500 computers at
Pune. Sanjay initiated delivery from his Thane warehouse but then diverted the delivery to another

client at Churchgate, Mumbai. Raju wants to file a suit against Sanjay. Advise him.

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i) What is Jurisdiction?

ii) Where should Raju file the suit and why?

b) ‘X’ is aggrieved by the decree passed by the City Civil Court, Mumbai in appeal. He wishes to
prefer a second appeal.

i) To which court shall they appeal lie? State the relevant legal provision.

ii) In the above case, what has to be specified in the Memorandum of Appeal?

c) While travelling in a premium express train from Mumbai to Ahmedabad, owing to a defective
door lock handle, Divya suffered an injury. She wishes to claim damages from the Indian Railways.

i) Who should be impleaded as the principal defendant in this suit and why?

ii) What procedure should be followed by her before institution of the suit?

d) ‘A’ wants to file a suit in the court. Monday is the last day of limitation but the court is closed
due to a public holiday.

i) Does the Limitation Act, 1963 address such a situation? How?

ii) Cite the relevant legal provision and specify the reason for the same.

Q4. Answer the following in detail (Any 2) – 12 marks

a) Explain in detail: Production, Impounding and Return of Documents.

b) Explain the effect of Death, Marriage and Insolvency of Parties on a Suit.

c) Explain Arrest before Judgment and Attachment before Judgment.

d) Explain Summary Procedure.

Civil Procedure Code & Limitation Act – May 2023

Q.P. Code: 75711 | Time: 2 Hours | Marks: 60

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Q1. Answer the following in two sentences (Any 6) – 12 marks

a) What is Foreign Judgement?

b) Define Government Pleader.

c) Apart from Courts and Magistrates, who may administer oath on affidavits under the Code of
Civil Procedure, 1908?

d) What is the legal requirement regarding ‘Notice’ in suits against the government?

e) Enumerate any two classes of persons who are entitled to exemption from personal appearance in
court.

f) What is meant by Period of Limitation?

g) What is the effect of Part-payment on Limitation?

h) What are the various types of Costs?

i) What is a Caveat?

j) Mention any two duties of a Court Receiver.

Q2. Write Short Notes (Any 2) – 12 marks

a) Effect of acknowledgement in writing on the period of limitation

b) Acquisition of easement by prescription

c) Interlocutory Orders

d) Attendance of Witnesses

Q3. Answer the following with reasons (Any 2) – 12 marks

a) Chhaya filed a suit for partition against her brothers, and during the pendency of the suit, she got
married.

i) Can Chhaya still proceed with the suit? Why?

ii) What would be the effect if Chhaya dies and her husband joins as plaintiff on behalf of their
minor son?

b) Raghu, an agricultural tenant, has been tilling the agricultural land of Rajaram Joshi since 1940

20
and acquired ownership on tillers’ day. After Rajaram’s death, his son Mehul Joshi has filed a suit
for declaration of title and possession, in which he has prayed for local inspection of disputed land.

i) When can commissions be issued?

ii) What is Local Inspection and what is its relevance?

c) Aakash, a sole minor plaintiff, attains majority while the suit is still pending against the
defendant.

i) What legal recourses are available to him regarding the pending suit?

ii) What legal recourse is available to Aakash if he believes that the suit was improper or
unreasonable?

d) ‘A’ wants to file a suit in court. Monday is the last day of limitation but the court is closed due to
a public holiday.

i) Does the Limitation Act, 1963 address such a situation? How?

ii) Cite the relevant legal provision and specify the reason for the same.

Q4. Answer the following in detail (Any 2) – 12 marks

a) Write a detailed note on Jurisdiction and its Types.

b) Explain in detail: Written Statement, Counter-claim, and Set-off.

c) Discuss the powers of Appellate Courts under the Code of Civil Procedure, 1908.

d) Explain Reference, Review, and Revision.

Civil Procedure Code & Limitation Act – December 2023

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Q1. Answer in one or two sentences (Any 6) – 12 marks

1. What is meant by Cause of Action?

2. Mention any two duties of Court Receivers.

3. What is the purpose behind enactment of the Limitation Act, 1963?

4. What is meant by Mesne Profits?

5. What is meant by Compensatory Costs?

6. What is meant by “Court which passed a Decree”?

7. What is meant by Interpleader Suit?

8. What is meant by Stay of Suit?

9. Define Prescribed Period.

10. What is meant by a Necessary Party?

Q2. Write Short Notes (Any 2) – 12 marks

1. Exclusion of time of proceeding bona fide in court without jurisdiction

2. Attachment before Judgment

3. Temporary Injunctions

4. Commissions

Q3. Solve the following situation-based problems (Any 2) – 12 marks

1. Aakash is aggrieved by the decree of a court. He desires that the same court re-examines the
judgment.

a) What is the re-examination of a judgment by the same court known as? Cite the applicable legal
provisions.

b) Explain the legal requirements that need to apply in a matter for seeking such re-examination.

2. Sujal, a minor, wishes to sue Dinesh, an adult, pertaining to a dispute relating to a certain
immovable property.

a) Who shall institute the suit on behalf of Sujal? Explain the relevant legal provision.

b) Sujal attains majority during the pendency of the suit. Advise Sujal in light of the relevant legal

22
provisions.

3. Avinash and Yash are independent businessmen having their offices in India as well as Portugal.
With regard to a dispute relating to a business transaction between them, Avinash claims to have a
judgment in his favor pronounced by a court in Portugal.

a) In India, what will such court and judgment be referred to as? Cite the relevant legal provisions.

b) Mention any three grounds on which Yash can attack the judgment of the Portuguese court in
India. Cite the relevant legal provisions.

4. Jagdish claims title to an easement over a certain “right of way” over the land of his neighbour
Rajesh.

a) What must Jagdish prove in the court of law to succeed in such a suit in regard to the “right of
way”? Cite the relevant legal provision.

b) To what extent does the legal position change where such “right of way” is over land belonging
to the Government?

Q4. Write Essay Type Answers (Any 2) – 24 marks

1. Explain in detail the concept of Decree, kinds of decrees as well as contents of a decree.
Differentiate between Decrees and Orders.

2. Explain fully the key provisions relating to First Appeals under the Code of Civil
Procedure, 1908.

3. Discuss the key provisions regarding Legal Disability under the Limitation Act, 1963.

4. Examine the provisions regarding Suits by Indigent Persons.

Civil Procedure Code & Limitation Act – June 2024

Q.P. Code: 75711 | Time: 2 Hours | Total Marks: 60

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Q1. Answer in one or two sentences (Any 6) – 12 marks

1. Define Decree Holder.

2. Mention any two purposes for which Commissions may be appointed by courts.

3. By which courts may Decrees and Orders be executed?

4. When may a Plaint be returned by a court?

5. What is meant by Prescription?

6. Who is a Garnishee?

7. Mention any two Modes of Service of Summons.

8. What is meant by Issues and who frames them?

9. What is the object of the Limitation Act, 1963?

10. What is meant by Precepts?

Q2. Write Short Notes (Any 2) – 12 marks

1. Temporary Injunctions

2. Effect of Fraud or Mistake on the Period of Limitation

3. Differentiation between Misjoinder and Non-Joinder

4. Arrest before Judgment

Q3. Solve the following situation-based problems (Any 2) – 12 marks

1. Raj resides at Nashik, Rishi at Pune, and Ravi at Nagpur. While all three were together at
Mumbai, Rishi and Ravi made a joint promissory note payable on demand and delivered it to Raj.

a) With regard to a dispute arising out of the said transaction, where can Raj file a suit against Rishi
and Ravi? Explain the relevant legal provision.

b) Raj files the suit at Nagpur, to which Rishi objects. How does the Code of Civil Procedure, 1908
address such a situation? Cite the relevant legal provision.

2. Keshav wishes to appeal against the decree passed against him in appeal by the City Civil Court,
Mumbai.

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a) To which court shall the Second Appeal lie? Cite the relevant legal provision.

b) What is the essential condition for preferring a second appeal? Cite the relevant legal provision.

3. On the day fixed in summons for the defendant to appear and answer, Ajay (the plaintiff) and
Suman (his advocate) appear, but neither Sujay (the defendant) nor his advocate appear before the
court.

a) If it is proved that the summons was duly served, what order may be made by the court?

b) What shall the court do if it is proved that the summons was served but not in due time?

4. Devendra is aggrieved by a decree pronounced against him and wishes to prefer an appeal against
the same. However, he is delayed by a week in preferring the appeal.

a) On what grounds may Devendra be permitted to prefer the appeal? Cite the relevant legal
provision.

b) Whether the duration required for obtaining the certified copy of the decree shall be considered
in computation of the limitation period? Cite the relevant legal provision.

Q4. Write Essay Type Answers (Any 2) – 24 marks

1. Explain the scope and ambit of the expression “Suits of Civil Nature” enshrined in Section 9
of the Code of Civil Procedure, 1908, with the aid of landmark judicial precedents.

2. Explain in detail Res Judicata.

3. Discuss in detail the provisions regarding Suits by or against Minors or Persons of Unsound
Mind.

4. Fully examine Acquisition of Ownership by Possession.

Civil Procedure Code 1908 & Limitation Act 1963 – December 2024

Q.P. Code: 67951 | Time: 2½ Hours | Marks: 75

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Q1. Answer any six questions in one or two sentences: – 12 marks

a) What is Foreign Judgement?

b) What is Evasive Denial?

c) What Orders are appealable?

d) What is meant by Interrogatories?

e) What is meant by Next Friend of a Minor?

f) What is Execution of Decree?

g) Who is a Pauper or Indigent Person?

h) What is Letter of Request?

i) When is a Suit Abated?

j) What is the effect of Part Payment on Limitation?

Q2. Write Short Notes (Any Two): – 12 marks

1. Appointment of Receiver, his power and duties.

2. Legal Disability and Limitations.

3. Suit against Government.

4. Adverse Possession.

Q3. Answer any two of the following: – 12 marks

a) A filed a suit against B for declaration that the religious rites performed by B during the village
Puja of the deity were not proper.

B contends that he has been performing the village Puja as per Hindu religious rites.

i) Is the suit maintainable by a Civil Court? Decide.

ii) Whether the right to worship in a temple is a civil right and whether the suit is of civil nature or
not?

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b) X files a suit against Y for recovery of Rs. 70,00,000/- and serves him with a writ of summons
fixing the date 10th October, 2015.

B has to recover from A Rs. 35,00,000/-.

i) As Y’s advocate, what procedure will you advise?

ii) In which court can Y recover his claim against X?

c) Manish, a minor, wishes to sue Dinesh, an adult, in a dispute relating to a certain immovable
property.

i) Who shall initiate the suit on behalf of Manish? Explain the relevant legal provision.

ii) Manish attains majority during the pendency of the suit. Advise Manish in light of relevant legal
provisions.

Q4. Answer any three in detail: – 39 marks

a) Reference, Review, and Revision.

b) Acquisition of Rights by Prescription under the Limitation Act.

c) Arrest and Attachment before Judgment.

d) Explain the provisions relating to Suits by and against Minors.

e) What is an Interpleader Suit?

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