Paper Code: BLW-701

B.A.LL.B. (Hons) VII Semester Examination

Code of Civil Procedure - I

(Session 2020/2021 Feb 2021 Online OBE)

UNIT I

Question 1: An appeal is filed against a final decree. Can in such an appeal, the

correctness of the preliminary decree be questioned when no appeal has been

preferred by the aggrieved party against the preliminary decree? Define "decree" in

Code of Civil Procedure and distinguish btween preliminary and final decree.

Question 2: Discuss the relevant provisions of the statute with the help of case law

that in what circumstances the jurisdiction of civil courts would be barred.

UNIT- II

Question 3: What is the concept of foreign judgements? When a foreign judgement is

considered not binding? Give your answer with the help of decided cases.

Question 4: Differentiate between matter 'directly and substantially in issue' and

matter collaterally or incidentally in issue' with reference to the doctrine of res
judicata. Do you agree that constructive res judicata applies to the cases falling under
writ jurisdiction? Give your answer with the help of decided cases.

UNIT III

Question 5: State the provisions which govern the determination of the place of suing
with regard to suit where local limits of jurisdietion of courts are uncertain.

Question 6: Explain the different modes of execution of decree.

 UNIT- IVv

Question 7: Explain the concept of mediation in CPC and state the ruling in casC O

AJcons Infrastructure Lid. v. Cherian Varkey Construction Ltd., (2010) 8 SCC 24.

tne
Question 8: Describe the powers and functions of Commissions and explain

different types of Commissions in the Code of Civil Procedure.

UNIT V

Question 9: Write a note on the following

a) Review and Revision

b) Reference and Appeal

by appeal? Under what circumstances a second

Question 10: What do you mean

appeal would lie to the High Court from a decree passed in the first appeal? Support

your answer with relevant provisions and decided cases.

 No. of Pages: 2
BLW-701 Roll No.1S.B s
B.A., LLB (Hons.) VII Semester Examination, 2018

Code of Civil P'rocedure (CPC)1

P'aper No. I
Time: 3 Hours Maximum Marks: 75
Write your Roll No. on the top immediately on receipt ofthis question paper.)
Note: Attempt only five questions in total including one question from each unit.
Supply required facts, ilhustrations, case law and statutory provisions.

UNTT-I

1. a) Define "Decree". Elaborate the elements of a Decree.

b) State and explain with examples various types of Decrees.

2. Write short notes on:

a) Mesne Profits

b) Judgment
whether defendant or third party can
c) Decree Holder (with special emphasis
as to

be the Decree Holder).

UNIT-II

3. What is Res-judicata?
Whether doctrine of Res-judicata applies:
Betwecen parties who have been co-defendant in a previous suit?
a)
b) In writ proceedings?

4. Define and explain the concept of "res-subjudice."

UNIT-III

courts to transfer
authority and jurisdiction of
5. a) Explain the provisions, power,

civil cases?
IP.T.O
 b) P'elitioner and respondent are husband and wife Their marriage was solemni00

at Mumbai. Thereafter, they lived together at Delhi Petitioner Husband Tiled

rCe petition against respondent wife at Munmbai, on the ground that

Tespondent wife has deserted petitioner and is presently staying at Delhi with
her parents. Petitioner husband contended that since parties last resided tegc th er
Mumbai, therefore Mumbai court has entertain the divorce
a jurisdiction to
petition. Respondent wife moved an application before Mumbai High Court to

ranster the divorce petition to a competent court at Delhi. since it ws

inconvenient and diflicult for respondent wife to travel long distance to contest

divorce Case, moreover petitioner hushand was not paying her any money

towards her maintenance and lo meet such cxpenses. Decide, whether Mumoa

High court has the power, authority and jurisdiction to transfer divorce petiton
from family court, Mumbai to family court, Delhi which is sub-ordinate to

another High court i.e. High court of Delhi?

6. a) Explain the concept, meaning and provisions of exccution of decree and orders.

b) Write short note on:

i) Precept
ii) Garnishee order

UNIT-IV
7. What is the concept of "Commission"? Describe the power of civil court to issue
commissions. Explain the procedure in detail.

of Section 92 Code of Civil Procedure, 1908 with respect to

8. Explain the provisions
institution of suit concerning "Public Charities".

UNIT-V

9. What is an appeal? Explain various provisions governing appeals along with its salient
features as given in the Code of Civil Procedure, 1908.

10. a) What is "revision"? Explain wjth examples various grounds of revision given in
1908.
the Code of Civil Procedure,
the meanng, concept and grounds of review.
b) Explain
 Total pages: 3

B.A. LLB. (Hons.), Vilth Semester examination, 2016

Civil Procedure Code

Paper No.: 1st

Time: 3 Hours Maximum marks 75

Note: Answer any ONE question from each Unit.

All questions carry equal marks.

Unit 1
1. Write short notes on
the following
a. Distinguish between want of jurisdiction and irregular exercise of
jurisdiction by civil courts and its implications.

b. "Consent cannot confer nor take away jurisdiction of a court". Explain

C. Mesne Profit

2. Elaborate with the help of decided cases:

a. What is the suit of civil nature?

b. Define Decree. How is it different from judgement?

Unit lI

3. Answer briefly the following

a. Conclusiveness of foreign judgement

b. Applicability of principle of res- judicata to writ petitions

1
 4 Explain the following
a. Doctrine of Res- subjudice

b. Meaning of 'matters in issue' with reference to res Judicata

Unit 1

. Advise the aggrieved party in the cases below as to where they can institute
Iitigation against the wrongdoer. Cite the relevant provision along with your

answers

a. A, residing in Delhi, publishes in Calcutta statements defamatory to B.

Calut
Deli
The newspaper is circulated in Mumbai, Chennai and Guwahati.

S1
b. A resides in Chandigarh, B at Calcutta and C at Delhi. A,B and C met
at Chennai, where in the course of a transaction of business B and C
Souahas made a joint promissory note payable on demand, and delivered the
same to A. The promissory note got dishonoured.

has trespassed on an immovable property of Y, which is situated

in Benaras. Mr. X is the resident of Delhi and Mr. Y is the resident of

3-1
Rampur
d X, a resident of Delhi, owns a piece of land at Chandigarh. Y and Z
have illegally and unauthorisedly occupied a part of the said land. Y
resides in Delhi carrying his business and Z resides in Chennai.

e. A is a tradesman in Calcutta. B carries a business in Delhi. B, by his

agent in Calcutta, buys good of A and request A to deliver them to
.hC Railway company. A delivers the goods accordingly in Calcutta. B
defaulted in payment toA for the goods supplied.

6. Explain briefly the following

a. The questions that can be determined by the executing courts, which

arise subsequent to the passing of the decree.

b. Garnishee order

2
 Unit IV

7. Briefly state with the help of case laws and related provisions

a. "An appeal is continuation of suit". Explain.

b. Provisions related to public nuisance.

8. Write notes on the following:

a. Disposal of the cross- objections by Appellate Court

b. Appeal to Supreme Court

Unit V

court entertains reasonable doubt about a

9 (a) While trying a suit subordinate
that will be opted by the subordinate
question of law. Write the procedure
court under such situation.

9 (b) In civil proceedings, the general rule is that once, the judgement is signed

and pronounced by the court, it becomes "functus officio" and court has
then no jurisdiction to alter it. Write grounds
and related provisions, which
constitute an exception to this general rule.

10 (a) To do 'ex debito Justitiae' in the absence of any expressed provision some
powers have been conferred on the courts in addition to what it already

possesses. Explain.

10 (b) Explain the procedure for the amendment of judgement, decree, orders
and other records by the courts.
 Total Pages:3
Your Roll No. .. ******.

BL-171
2015
B.A., LL.B. (Hons.), VIIth Semester Examination,
Civil Procedure Code

Paper No. : p'

Time 3 Hours

Maximum Marks: 75

(Write your Roll No. on the top immediately on receipt of this questivn paper.)

Note: Answer any ONE question from each Unit.

All questions carry equal marks.

Unit-I

1. Answer. briefly the following:

(a) difference between judgment and decree,
(b) mesne profits,

(c)applicability of res judicata between co-plaintiff and co-defendants,

() doctrine of res-subjudice,

() need for cour's procedures and interpretation of procedural laws.

2. (a) under CPC, a civil court has jurisdiction to try all civil suits of a civil nature unless they
are barred. Discuss the above principle with reference to Section 9 of CPC.

(b) Distinguish between want of jurisdiction and iregular exercise of jurisdiction by Civil
Courts and its implication.

R/3 P.T.O
 3. Unit-II
aDiscuss the
concept of constructive res-judicata
with case laws. under the CPC illustrating yoP

An ASI was dismissed from services by the DIG He

filing challenged the said dismissal oy
uf y. a

reasonable
writ petition in the High Court
on the
ground that he was not ed
Nauas opportunity.
raised the additional
The writ petition was
dismissed. He then filed a civil suit and
plea that he was appointed by the IGP and,
WA lower in rank was
incompetent
to pass an order
therefore, DiG Deing
Suit was barred against him. The State contended nat n c
by 'res-judicata'.
Discuss in the light of decided cases, if any.
4.
(a) Discuss the conditions
CPC.
relating to the conclusiveness of the foreign judgment under uc

(6) A is the husband of B. Both married at Tinupati on February 27, 1975,. After
were
marriage they flew USA and started residing there. A then filed a petition for
to
dissolution of marriage in the Circuit
Court of St. Luis County Missouri, USA
he had been a resident stating that
of the State of Missouri for 90
commencement of the action. B sent her days next preccding the
India. The circuit Court
reply to the above petition under protest from
passed a decree for dissolution of marriage on Feb. 19, 1980 in
the absence of B on
the ground that the marriage is irretrievably broken between the
parties. On Nov. 2, 1981, A married C in India, and B filed a criminal
for the offence of complaint against A
bi-gamy. A then filed an application for his discharge in view of the
decree of dissolution of
marriage passed by the Missouri court. B raised an
regarding the validity of the said decree on the ground that (i) she was an Indianobjection
citizen
and was not governed by the laws in force in
Missouri and, therefore, the vary court had
no
jurisdiction to entertain the petition, and (i) the dissolution of the mariage between
the parties is governed by the Hindu
Marriage Act and that it could not be dissolved in
any other way except as provided in the said Act. Decide, and cite the decided if
case, any.

Nsdi kao . Y.Vokda akchi

Unit-I1l
5. State the provisions governing the determination of the place of
suing, and answer the
following questions.
(a) X, a resident of Delhi, owns a piece of land at Chandigarh. Y has illegally and
unauthorisedly occupied a part of the said land. Y is also residing in Delhi carrying his
business. At what place X may file a suit against Y? Advise.

R-3/BL-171 I21
 (6)A is a tradesman in
(Colatta/p0Li)cu)
buys goods of A andC'aleutta. enrriei on busdness in Delh , by hus agent m
delivered the goods requeat to deliver them to the ant India Railway Cal utlaA
A

price of the goods. accordingly in Caloutta. State at what place A may sue Company
B for
. the
(a) Discuss the
provisions relating to arnst
prison in execution of decrees and orders and detention of the judgment-debtor evil in

provided. passed by the civil court along with

sateguard
(b) All matters relating to the
between
execution, discharge and satisfaction of
the parties a decree
or their
procecdings and not by a
representatives should be determined in
arsng

execution
Section 47 of the CPC.
separate suit. Discuss the above statement
with reference to

Unit-Iv
7. Discuss the
following in brief
(a) Importance of settlement of
disputes through 'Alternative Dispute
Mechanism', under CPC. Also state the case luw, if
Resolution
any.
(b) Appointment of Commissions and value of their findings under
CPC.
8. (a) Discuss with the help of case laws, the
powers and duties of the Appellate
Courts
(b) Second appeal and substantial
questions of laws.

Unit-v
9. Discuss the term 'inherent
power of the court' and also lay down the extent and
expression 'inherent power of court' in the light of the relevant case laws.
seope of the
10. Write short notes on the
following:
(a) Power of revision under CPC,
(b) Amendment of judgment, decrees and orders civil
by courts,
(c) Grounds of review.

R-3/BL-171 3
 No. of printed pages: 2 Your Roll No.

BL-171
BA. LL. B. (H) SEMESTER VII EXAMINATION, 2013
Paper - T

CODE Or CiVIL PROCEDURE

Time Three Hours Maximum Marks : 75
(Write your Roll No. at the top immediately on receipt of this question paper)
Candidates shall be required to answer.
Five questions in all, selecting one from, each Unit.

UNIT-1

1 A Civil Court, by way of interim measure, directed the parties to maintain status quo as regards
the possession of Black Acre.
Discuss whether the said adjudication is a decree or an order with references to Section 2(2) and
2(14) of the Code.

2. A party questioned land acquisition proceedings. Issues involved were already adjudicated in an
earlier litigation. The party raised a new issue that he was not aware that his lands were outside
the purview of the Franework Agreement. Analyse whether the concept of interest reipublicae
ul sit Srus htium, comprehensivcly discussed in Nogabhushan's case [(2011) 3 sCC 408] wouid
apply.
UNIT-II

3. A foreign court decided an issue conclusively on the basis of Affidavits by way of evidence. The
opposite party was not given a chance to cross examine the person who had affirmed the
Affidavits. With reference to the decided case of M/s Standord Wool (AIR 2001 SC 2134) and
Section 13 of the Code, decide whether such a judgement is enforceable in India.

4. A Judgement debtor challenges execution of a decree on the ground that the decree was a
nullity
Discuss whether the exercise of powers under Section 47 of the Code are microscopic and lie in
a very narrow inspection hole.

UNIT-III

5. Your Client has been able to secure a decree from a Civil Court against a Judgement debtor.
Explain to him the procedures and processes which are going to be followed in pursuance of the
execution in terms of Arrest, Detention and Release as incorporated in Sections 55, 56, 57 and
58 of the Code.

P.T.O.
 t en debtor (an agriculturist) had eot tailored costly clothes for the wedding or is
adugner. Ihese were
kept unused in a box for the occasion. Analyse whether these cio
De attiched in
execution of a decree.
an agriculturist.
Also. discuss the parameters for determining as to wi"

UNIT-IV

7 Your friend wants to initiate a law suit against the Government.

DISCuss, in terms of Section 80 of the Code, the procedures he shall be required to pursue
before filing the matter. Is it possible to initiate a litigation against the Government out

issuing a Notice in cases of urgency?

8 Analyse
(i) First
Appeal on Questions of facts;
(i) Second Appeal on highly debatable legal issues;
(ii) Second Appeal on questions of facts (the judgment of trial court on issues of evidence
outrageously defies logic).

UNIT-V

9. A trust of 1880 seeks to

regulate its finances to promote casteism. The intent of the author of
the trust was glorification of a
particular social strata to the prejudice and detriment of the
other components of society. Analyse comprehensively whether, under the
provisions of Section
92 of the Code, can reform be effected in the aims and
objects of the said trust?

10. Express your opinions on any two of the following

(a) Plaintiff claiming mesne profits on the ground that he could have made huge profits after
establishing a sugar factory on the lands in wrongful possession pf the Defendant;
(b) Collateral/incidental issues inviting the doctrine of res judicata;

(c) Territorial Jurisdiction of Civil Courts vis a vis the concept of equity acts in personam;
(d) 100 silk sherwanis of a nawab sahib who is facing execution of a decree.
 Total Pagcs: 3

Your Rol No. ...

BL-171
B.A. LL.B. (H.), Vinth Semester, Examination, 2012
Civil Procedure Code

Paper No. :
Time:3 Hours
Maximum Marks: 75

(Write your Roll No. on the top immediately on receipt of this question paper)

Note Candidates shall be required to answer five questions in all, selecting one from
each Unit.

Unit-I

1. A Court observed during the hearing, "Prima facie I am of the

course of a
view
whether the said
that no interest acrues in favour of the Plaintif" Analyse
of the Code of Civil
is an adjudication' falling within the ambit of Section-2 (2)
Procedure
minor is with the
2. A decree passed by a 'foreign court' holding that the welfare of the
was
the child to
mother and that the custody be given to her. The father clandestinely brings
of the
India and seeks to file a fesh suit for custody. Discuss the essential postulates
doctrine of comity ofcourts. Do you perceive that Majoo Vs. Majoo [(2011)] 6 SCC 479]
has laid down a new law ?

Unit-II
A litigation is field claiming two reliefs viz (a) Release of pensionary benefits, and (b)
3.
A Court grants relief (a) but the final adjudication is
appointment on compassionate basis.
silent on relief (b). Discuss whether a subsequent suit can be filed claiming compassionate

appointment. Your response should address the aims and intent of the doctrine of res

judicata with reference to M. Nagabhushana Vs. State of Karnataka (2011) 3 SCC 408.
Mr. X has
(a) Equity acts in personam is a well accepted doctrine of jurisprudence.
2. Mr.
trespassed on immoveable property (situate in Shaharanpur) belonging to Mr.
X is residing in Delhi. Mr. Z is a resident of Rampur. Analyse whether a litigation
be prefered by Mr. Z at Delhi?

R/3 P.T.O
 (6)Zbeen put to disrepute in Jamshedpur jointly by X (resident oof Delhi), M (resident of

Mhow) and N (resident of Nagpur). Discuss the places where Z can prefer litigatiorn
against the tortfeasors.

Unit-111

5. YOur friend argues that Section 47 of the Code is wide enough to permit the execuing

court to call for the records and come to a conclusion whether the evidence was rngnuy

appreciated or not by the Trial Court. Convince your friend about the questions whien ca

be validly determined by executing courts with references to the ruling of kasuaev

Dharjibhai (AIR 1970 SC 1475).

6. Master X (a minor) is a boarder in Oak Grove School (Mussoorie). He owns 25 acres or

agricultural land in Nanauta (Dist Saharanpur). Nanauta is about 100 kms away
Mussoorie. A decree has been passed against X. As a lawyer of the Judgement Deblor can

you validly argue that X is an agriculturist and that his implements of husbandry, catle and

seed grain are exempted from attachment in execution of a decree ? Discuss with reference
to judicial precendents.

Unit-IV

1. A pan vendor has got installed a stereo in his kiosk. The kiosk is situate just outside the
hostel of a College. Throughout the day and even late night, the vendor plays westerm
music with loud decibels of sound. The inmates of the hostel enjoy the music. Miss Y, a
studious student, resident of the hostel, gets iritated. She wants to initiate appropriate legal
action against the vendor. Discuss the remedy, and its methodology, available under the

Code.

8. Discuss whether a Suit can be filed against the Govenment without puting it to notice ?
Analyse the essential postulates of Section 80 of CPC and the related methodology of

filing a suit against the Govemment.

BL-171 21
 Unit-V

9. Discuss:

(a) Interference on questions of facts and law by the First Appellate Courts;
Second Appellate Courts.
(b) Interference on questions of law by the

10. X is a Judgement Debtor who has failed satisfy a decree. Discuss the coercive action
to

from the context of

which may be initiated against him (under the Code). Do you perceive,
the Decree Holder ? Discuss,
reform, that the present law is heavily loaded against
modifications.
recommending suggestions for any
 Total Pages 3

Your Roll. No

BL-171
Examination-2009
B.A., LL.B. (Hons.) (Vilth Semuster),
Code of Civil Producer, 1908

Paper No.
Time Three Hours

Maximum Marks: 75

the top Immediately on recelpt of thls question paper.)

(Write your Roll No. on

five questions In all,

Note: The candidates shall be requlred to answer
selecting one from each unit.
Unit-

Analyse the following observations of a Judge made after hearing

arguments in a case
"You (addressing one of the parties) do not have semblance of a casse

and it merits summary dismissal."

[Regard may be had to Sections 2(2) and 2 (14) ofthe Code]

2 Discuss
(a) Claim of mesne profits by a Plaintifon the ground that he would have set
O19
Ua sieel plant on the land under the wrongful possession of the

Defendant
(b) Stages of a suit which culminate into a decree.
Unit-l

3 Two grounds for ejecting a tenant based on the same set of facts are
open to lanhdlord and he chooses to bring a suit only on one ground.
Discuss the maintainability of a subsequent suit on the ground that the
landlord chose to omit iitially
R 32/3 P.T.O.
 Ganada
in
setled permanently
.A, a
businessman of Indian origin Hindu riles
accordance with traditiornal
ViSited Mumbai and married 'B in
to send a permaneni
Visa
o
X left India thereafter with a promise Canadian
of a
was communicated
with a judgement
bride. Instead B
the foreign judgement
Discuss the validity of
Court pronouncing divorce.

in India.
Unit-ll
of the Plaintiff illega
as

A decree declared only the termination of services

5 executing
Discuss whether the
consequential relief.
and did not award any Section 47 of
Holder. Analyse
to the Decree
Court can grant back wages

the Code. in
to attachment

Evaluate the thematics of the following for liability

6
execution of a decree

(a) Bridal jewellery:

Personal wardrobe of a
millionaire;
(b)
Utensils of a Halwai;
(c)
Water pumping
machine for irrigation.
(d)
Unit-IV

Discuss
7 in the Code to the general public where a pan vendor

() Remedy available decibels up to midnight.

disco music at high noise
has been playing
casteism.
trust created with the object of perpetuating
(i) A public

Analyse
Court on questions of law
the first Appellate
()Interference by
are available on
Court where two views
(i) Interference by the first Appellate
before trial;
the evidence adduced
Court.
(ii) Interference by the Second Appellate

2 1
 Unit-V
9 Analyse the refusal by a Civil Court to exercise jurisdiction in a matter
pertaining to consumer relations asking the Plaintiff to approach the
appropriate Consumer Form.
10 A suit was dismissed on merit. The Plaintiff filed a Review petition on the

ground that some documents could not be produced earlier as these were

believed to be stolen but have been recovered from one of the files lying
at his residence.

Analyse the maintainability of such a Review Petition.