Enrollment No…………………… DR. RMLNLU, LKO B.A. LL.B./IVth Sem.

/ET/Apr-20/CPC
Time - 03 Hours Max-Marks :- 70
April - 2020
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/2FZJH7Tz79bUVX796 till 04:00 PM on 16/01/2021. 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. Mridul Srivastava, Assistant Registrar
(Exam) on +91-9453015679 or 0522-2425902, 3, 4 Extn. 109.
(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 not be entertained. 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. “Where an appeal is matter of right, revision is available only under certain circumstances
and limitations”. Discuss.
2. Though the Code of Civil Procedure, 1908, does not define counter claims, however this
is nothing but reflection of plaint. Do you agree with the statement? Elaborate.
3. Explain the doctrines of constructive res judicata. Distinguish between res judicata and
estoppels.
4. What is a Decree? Do the following orders amount to "decree" within the meaning of
Section 2(2) of Code and why:
(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
5. 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 of returning of
the plaint? Discuss in detail.
6. Explain the provisions of CPC which are applied in determining the forum for the
institution of suit relating to immovable property. Discuss with relevant cases and
illustrations. A, who actually and voluntarily resides within the district of Lucknow enters
into a contract, with B for sale of some land situated in Kaaneiypoor. A having refused to
convey the land in accordance with the contract, B brings a suit in Lucknow Court for
specific performance of the contract. Discuss, with reference to the provisions of the
Code of Civil Procedure, whether the Lucknow Court has jurisdiction to entertain the suit.
(SECTION – B) (02X05)
Write short notes on any two of the following:
7. Distinguish between Decree and Order.
8. How pleadings can be directed to be amended after hearing of a case begins?
9. What is Mesne profit?
10. What is a suit of civil nature?

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