CPC 2020

Name:
Enrolment No:
UNIVERSITY OF PETROLEUM AND ENERGY STUDIES

Online End Semester Examination/ Supplementary Examination, December 2020
Course: Civil Procedure Code-I Course Code: CLCC-3004

Programme: BBA.LL.B. , B.com. LL.B., BA. LL.B, BSc. LL.B. Time: 03 hrs.
Semester: V 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 50 Marks CO
words only). Please follow the word limit strictly. Avoid unnecessary elaboration.
1 Process of instituting a civil suit as per Civil Procedure Code, 1908.

5 CO1
2 Modes of serving summons as per order V of Civil Procedure Code, 1908.
5 CO2
3 Grounds of rejecting a plaint as per appropriate provision of Civil Procedure Code,
5 CO1
1908.
4. Foreign judgment when conclusive 5 CO3
5 Elements of a decree 5 CO2
6 Transfer of cases as per Civil Procedure Code, 1908. 5 CO1
SECTION B (5 question x 10 Marks= 50 Marks)

1. Each question will carry 10 marks
2. Instruction: Write each answer in 200 words only.
7 The words “Civil nature” are wider than the words “civil proceedings”. The section
would, therefore, be available in every case where the dispute has the characteristic of
10 CO2
affecting one’s rights, which are not only civil, but of civil nature (AIR 1995 SC 2001).
Analyse this statement in the light of section 9 of Civil Procedure Code, 1908.
X and Y are partners in an unregistered partnership firm. The firm has to recover a
8 sum of Rs. 1, 00, 000 from Z. X files a recovery suit in the name of the firm. Z raises
10 CO3
a preliminary objection that the suit is not maintainable, as the partners are not
impleaded as plaintiffs in the suit. Thereafter X and Y move an amendment application
to add their name as plaintiffs.
Analyse the stated facts and decide the fate of that application in the light of legal
provision and case laws on the point if any.
9 “One cardinal principle to be observed in trial by a court obviously is that a party has
a right to appear and plead his cause on all occasions when that cause comes on for
bearing and that it follows that a party should not be deprived of that right, unless the
code of civil procedure deprives him of it.”
10 CO4
On the basis of above statement, determine whether a party can seek setting aside an
ex-parte decree. If so, on what grounds? Use appropriate legal provision and case law
on the given issue if any.
10 University A and University B jointly filed a suit for injunction to restrain the
defendant X from publishing a book having the title “The A and B University
Publications”. The defendant challenged the right of plaintiffs to sue jointly. Decide
10 CO3
this in the light of legal provisions and state the consequence of mis-joinder/non-
joinder of necessary and proper parties.
11 Mr. X sues Mr. Y on a promissory note. Mr. Y alleges in his written statement that
plaintiff has wrongfully neglected to ensure defendant’s goods and is liable to him in
compensation which he claims to set-off.
10 CO3
Analyse this issue based on legal provision.
Section C (2 questions x 10 Marks= 20 Marks)

1. Each Question carries 10 Marks.
2. Instruction: Write long answer. Write each answer in not more than 500
words.
(a) A files a suit for arrears of rent of 6 months against B and in describing his
cause of action he also specified the nature of the rented property and also that
12 the area of the property was 850 sq. ft. However, he did not claim any relief
with respect to that area. The defendant controverted the issue of arrears of rent
but did not raise any issue about the area. The court after the trial decreed the
suit in favour of the property owner A and observed that the total area of the
rented property was 950 sq. ft and not 850 sq. ft. In a subsequent suit, there
10 x
was an actual dispute between the parties upon the area of the rented property. CO4
2= 20
Will Res-Judicata will apply. Decide
(b) Ms. Rama had taken a loan of Rs. 45000 from A. She did not pay the loan
amount within the agreed period. A filed a suit for the recovery against Ms.
Rama. The suit had decreed in his favour. A filed an execution petition but the
decree was not satisfied. A filed an application under section 55 of CPC, 1908
for the arrest and detention of Ms. Rama. Decide this application based on
legal provision and state law relating to arrest and detention in civil matters.

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Name:

UNIVERSITY OF PETROLEUM AND ENERGY STUDIES

Course: Civil Procedure Code-I Course Code: CLCC-3004

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

1 Process of instituting a civil suit as per Civil Procedure Code, 1908.

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

Section C (2 questions x 10 Marks= 20 Marks)

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