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CPC 2 2021

The document is an examination paper for the course "Civil Procedure Code-II and Limitation Act, 1963" containing 12 questions assessing different concepts related to civil procedure and limitation act. The questions are divided into three sections - Section A contains 6 short answer questions assessing fundamental concepts (5 marks each), Section B contains 5 long answer questions requiring detailed explanations (10 marks each), and Section C contains 1 question requiring analysis of a legal scenario (20 marks).

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Sarthak Sabbarwal
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52 views

CPC 2 2021

The document is an examination paper for the course "Civil Procedure Code-II and Limitation Act, 1963" containing 12 questions assessing different concepts related to civil procedure and limitation act. The questions are divided into three sections - Section A contains 6 short answer questions assessing fundamental concepts (5 marks each), Section B contains 5 long answer questions requiring detailed explanations (10 marks each), and Section C contains 1 question requiring analysis of a legal scenario (20 marks).

Uploaded by

Sarthak Sabbarwal
Copyright
© © All Rights Reserved
Available Formats
Download as PDF, TXT or read online on Scribd
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Name:

Enrolment No:

UNIVERSITY OF PETROLEUM AND ENERGY STUDIES


Online End Semester Examination, May, 2021

Course: Civil Procedure Code-II and Limitation Act, 1963 Course Code: CLCC3010
Programme: BA. LLB. Criminal Law/Const. Law/Energy Law Time: 03 hrs.
Semester: VI Max. Marks: 100

S. No. SECTION A (6 questions x 5 Marks= 30 Marks)


1. Each Question will carry 5 Marks
2. Instruction: Write Short notes on the following (write down each answer in 100 Marks CO
words only). Please follow the word limit strictly. Avoid unnecessary elaboration.

1 Write a short note on Interpleader Suit. Cite the relevant provision of law. 5 CO1
2 Distinguish between Temporary Injunction and Permanent Injunction. 5 CO1
3 What do you understand by a preliminary decree and a final decree? 5 CO1
4. Write a short note on Arrest before judgment as provided under CPC. 5 CO1
5 For what all purposes witnesses can be summoned in the court? What should be the
5 CO1
content of the summons to be served on the witnesses?
6 Discuss in brief the grounds for preferring an appeal before the Supreme Court under
5 CO2
CPC.

SECTION B (5 question x 10 Marks= 50 Marks)


1. Each question will carry 10 marks
2. Instruction: Write each answer in 250 words only.

“A review by no means an appeal in disguise whereby an erroneous decision is reheard


10 CO2
7 and corrected but lies only for patent errors.” Explain and analyse the statement in
view of the circumstances and grounds required for review of judgment under CPC.
Cite the relevant legal provisions and case laws.

“The Code allows more than one mode of execution of decrees. As a general rule, a
decree holder has an option to choose a particular mode for executing and enforcing a
8 decree passed by a competent court in his favour. It is for him to decide in which mode
he will execute his decree. This power, however, is subject to such conditions and
limitations as may be prescribed by the code. It is also subject to the discretion of the 10 CO2
court.”

In the light of this statement, explain briefly the various modes of execution of a
decree.
9 “The legislative intent is clear that it never wanted Second Appeal to become a ‘Third
Trial on Facts’ or One more dice the in gamble.” Critically examine the statement in
the light of relevant statutory provisions of CPC supported by judicial
pronouncements.
10 CO4
OR
Critically examine the Alternative Dispute Resolution mechanism as a mode of
alternative settlement of dispute under CPC in the light of decided cases.

10 “The revisional power of the High court is to be exercised for checking that the
subordinate courts are acting within the bounds of their jurisdiction and that the
subordinate courts are not exercising such jurisdiction arbitrarily or capriciously.”
10 CO2
In the light of the statement discuss the conditions necessary for the exercise of
revisional jurisdiction by the High Court. Cite the relevant provisions of law and case
laws.
11 “Every court is constituted for the purpose of administering justice between the parties
and therefore must be deemed to possess, as a necessary corollary, all such powers as 10 CO4
may be necessary to do right and to undo the wrong in the course of administration of
justice.” In the light of the statement, critically examine the scope and limitations on
the inherent powers the Court.
Section C (20 Marks)
1. Question carries 20 Marks.
2. Instruction: Write answer in not more than 750 words.
Ankit filed a suit against Vishal for the specific performance of the contract in 2015.
The suit was decreed by the trial court in favour of Ankit. Vishal, who felt aggrieved
by the decree of the trial court, filed a delayed appeal in the district court along with
12 an application for condonation of delay. Vishal, the appellant asserted that while he
was coming to the court to file an appeal, on the last day when the limitation period
was to expire, he met with an accident and therefore he could not file the appeal within
the prescribed period of limitation. He prayed for the condonation of delay in filing
the appeal. Ankit, the respondent, did not dispute the fact of the appellant meeting with
20 CO3
an accident on the last day but contended that the appellant was non-diligent for the
whole of the earlier period of limitation prescribed and could have filed the appeal
earlier.

Determine whether in the given circumstances the delay can be condoned by the Court
or not? Would your answer be different if instead of an accident, appellant had failed
to file an appeal due to the reason of some important business meeting? Give Reason
in support of your answer.

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