CPC OLD question paper for LLB 3years PAPER – 33
CIVIL PROCEDURE CODE AND LIMITATION ACT
(Paper Code : K-5001)
The Course shall comprise of the following :
(1) Preliminary, Definitions, Suits of civil nature, Principles of Res-judicata and Res- subjudice, Foreign judgement, place of suing.
(2) Parties to suit, Frame of suit, Pleading : Plaint, Written statement, Set-off, Counter claim, Suits by indigent persons, Suits in particular cases.
(3) Summons and Discovery, Issues of Summons, Appearance of parties, Summoning and Attendance of witness, Execution of Decrees.
(4) Incidental proceedings : Commission, Letter of request, Supplemental proceedings : Arrest and Attachment before judgement, Temporary injunction, Interlocutory orders, Receiver appeals, References, Review, Revision, Restitution, Caveat, Inherent powers of court.
(5) Limitation of suits, appeals and applications, Period of Limitation, Continuous running of time, Effect of sufficient cause for not preferring appeals or making applications within the period of limitation, Legal disability, Computation of period of Limitation and Execution of time in legal proceedings, Effect of Death, Fraud, Acknowledgement in writing, Acquisition of ownership by possession.
BOOKS RECOMMENDED
Mulla, Code of Civil Procedure.
Takwani C.K., Civil Procedure.
Mathur D.N., The Code of Civil Procedure.
Jain J.D., Indian Limitation Act.
LL.B. V Sem. Examination, Dec., 2016
Note: Attempt all the Sections as per instructions.
Section-A: Attempt all the five questions. Each question carries 4 marks. Very short answer is required not exceeding 75 words.
Q.1. Distinguish between order and decree.
Q.2. On what grounds can a plaint can be rejected?
Q.3. What is the effect of the acknowledgement of liability on the Limitation?
Q.4. Who is an indigent person?
Q.5. By whom can an application to set aside the sale of immovable property be moved?
Section-B: Attempt any two questions out of the following three questions. Each question carries 5 marks. Short answer is required not exceeding 200 words.
Q.6. Explain “Limitation bars remedy but does not extinguish the right.".
Q.7. State the procedure for institution of suits by and against minor or persons of unsound mind.
Q.8. What is 'difference between revision and review?
Section-C: Attempt any three questions out of the following five questions. Each question carries 20 marks. Answers are required in detail.
Q.9. What do you mean by 'Res-judicata'? Explain the principles, conditions, and objects of the res-judicata.
Q.10. Define Pleading. What are the fundamental rules of Pleading?
Q.11. What do you mean by Summon? What are the essential elements? State in brief various modes of service of Summon on the defendant.
Q.12. What do you understand by the inherent powers of the Court as provided in the Civil Procedure Code?
Q.13. What are and what are not sufficient causes for the purpose of the extension of the period of limitation? Explain with a suitable illustration.
LL.B. V Sem. Examination, Dec. 2017
Note: Attempt all the Sections as per given instructions.
Section-A: Attempt all the five questions. Each question carries 4 marks. Very Short Answer is required not exceeding 75 words.
Q.1. Legal Representative.
Q.2. Mesne Profits.
Q.3. Judgement Debtor.
Q.4. Foreign Judgement.
Q.5. Effect of fraud on the period of limitation.
Section-B: Attempt any two questions. Each question carries 10 marks. Short Answer is required not exceeding 200 words.
Q.6. What is the procedure in a suit to be filed against the government?
Q.7. State the rules of res subjudice.
Q.8. Discuss the importance of the "cause of action" clause in a suit.
Section-C: Attempt any three questions. Each question carries 20 marks. Answer is required in detail.
Q.9. What do you know about the principle of 'Res judicata'? Explain the necessary condition to constitute 'Res judicata'.
Q.10 What do you mean by Plaint? What particulars should a Plaint contain?
Q.11. What do you understand by a written statement? Distinguish between counterclaim and set-off.
Q.12. What is the difference between Appeal, Revision, and Review?
Q.13. What provisions are made with reference to legal disability under the Limitation Act?
Q.14. Explain fully Arrest and Attachment before judgement.
LL.B. Examination, December-2018
Section-A (Very Short Answer Questions): Note: Attempt all the five questions. Each question carries 4 marks. A very short answer is required not exceeding 75 words.
Q.1. Judgment debtor.
Q.2. Define Precepts.
Q.3. What do you mean by a suit of civil nature?
Q.4. What is Caveat under C.P.C.
Q.5. What do you mean by temporary injunction?
Section-B (Short Answer Questions): Note: Attempt any two questions. Each question carries 10 marks. Short answer is required not exceeding 200 words.
Q.6. Discuss the importance of “cause of action” clause in a suit.
Q.7. What are the basic rules of pleading? When can the leave to amend the pleading be granted?
Q.8. Who is an indigent person? What is the procedure for filing a suit by an indigent person?
Section-C (Long Answer Questions): Note: Attempt any three questions. Each question carries 20 marks. Answers are required in detail.
Q.9. What do you know about the principle of 'Res Judicate’? Explain the necessary condition to constitute 'Res Judicate.'
Q.10.When and what remedies are available for setting aside a decree exparte against a defendant? Explain fully.
Q.11.What provisions are made with reference to legal disability under the Limitation Act?
Q.12.Summarise the provisions for attachment under the civil procedure code. State exceptions if any.
Q.13.State the provisions of CPC which are applied in the determination of the forum for filing a suit.
LL. B. Examination, Dec. 2019
Section-A (Very Short Answer Questions): Answer all the five questions. Each question carries 4 marks. Very short answer is required not exceeding 75 words.
Q.1. Legal representative.
Q.2. Movable property.
Q.3. Decreeholder.
Q.4. Estoppel.
Q.5. Caveat.
Section-B (Short Answer Questions): Answer any two questions out of the following three questions. Each question carries 10 marks. Short answer is required not exceeding 200 words.
Q.6. What is Res subjudice? Explain.
Q.7. What do you mean by non-joinder and misjoinder of parties?
Q.8. What is counter claim?
Section-C (Long Answer Questions): Answer any three questions out of the following five questions. Each question carries 20 marks. Detailed answer is required.
Q.9. Define 'decree' and analyze its essential elements. Distinguish between a preliminary and final decree.
OR
What do you mean by Res-judicata? What are the essentials of it?
Q.10. Define summons. Discuss the procedure for the service of summons.
Q.11. What is set-off? Explain the difference between legal set-off and equitable set-off.
Q.12. What is an ex-party decree? State the procedure for setting aside an ex-party decree.
Q.13. What is temporary injunction? When and in what matters can temporary injunction be granted?
OR
What is the Law of Limitation? Discuss its object.
LL. B. Examination, Dec. 2020
Section-A (Very Short Answer Type Questions): Answer all the five questions. Each question carries 4 marks. A very short answer is required not exceeding 75 words.
Q.1. Decree
Q.2. Plaint.
Q.3. Legal representative.
Q.4. Promissory Note.
Q.5. Revision.
Section-B (Short Answer Type Questions): Answer any two questions out of the following three questions. Each question carries 10 marks. Short answer is required not exceeding 200 words.
Q.6. Discuss the difference between 'Appeal and Reference'.
Q.7. Discuss 'inherent powers' of Civil Court.
Q.8. Discuss the main characteristics of ‘Law of Limitation’.
Section-C (Long Answer Type Questions): Answer any three questions out of the following five questions. Each question carries 20 marks. Detailed answer is required.
Q.9. What do you mean by 'Res-judicata'? What are the essentials of it?
Q.10. What is 'set-off'? Explain the difference between 'legal set-off' and 'equitable set-off.'
Q.11. Discuss the fundamental rules of pleadings. In what circumstances can a pleading be amended?
Q.12. Discuss the grounds on which the court can commute the limitation time.
Q.13. Discuss the properties that can be attached by a court.
OR
Who is entitled to file a 'pauper suit'? State the procedure for filing such a suit.
LL.B. Examination, Dec.-2021
Section-A (Very Short Answer Type Questions): Note: Answer any two questions. Each question carries 10 marks. A very short answer is required not exceeding 75 words.
Q.1. Legal representative
Q.2. Foreign Judgement
Q.3. Equitable set off
Q.4. Decree
Q.5. Effect of fraud on the period of limitation
Section-B (Short Answer Type Questions): Note: Answer any one question out of the following three questions. Each question carries 20 marks. Short answer is required not exceeding 200 words.
Q.6. Who is an indigent person? How can a suit be filed by the indigent person? Discuss.
Q.7. Discuss the main characteristics of 'Law of Limitation.' "Limitation bars remedy but not extinguish the right" Explain.
Q.8. Discuss the ‘inherent powers’ of Civil Court.
Section-C (Long Answer Type Questions): Note: Answer any three questions out of the following five questions. Each question carries 20 marks. Answer is required in detail.
Q.9.What do you mean by Reference? When can a reference be made by a subordinate court to a High Court? Distinguish between Reference, review and revision.
Q.10. What do you mean by 'res-judicata'? Explain the necessary conditions to constitute 'res-judicata'.
Q.11. Summarise the provisions for attachment under the civil procedure code. State exceptions if any.
Q.12. What is plaint? What are the necessary particulars to be given in a plaint?
Q.13. What do you mean by summons? What are its essential elements? State in brief various modes of service of summons on defendants.
OR
What do you understand by written statement? Distinguish between counter claim and set off.
LL.B. Examination, December-2022
Section-A (Very Short Answer Questions): Note: Answer all questions. Each question carries 4 marks. Very short answer is required.
Q.1. Legal Representative
Q.2. Foreign Judgement
Q.3. What is the basis of the theory of "Res judicata."
Q.4. What is Jurisdiction?
Q.5. Define Mesne profit with example.
Section-B (Short Answer Questions): Note: Answer any two questions out of the following three questions. Each question carries 10 marks. Short answer is required not exceeding 200 words.
Q.6. Who is an indigent person? How can a suit be filed by the indigent person? Discuss.
Q.7. Define an injunction and state its kinds. When a Temporary injunction be issued
Q.8. What is the effect of fraud or mistake on the computation of the period of limitation?
Section-C (Long Answer Questions): Note: Answer any three questions out of the following five questions. Each question carries 20 marks. Answer is required in detail.
Q.9. What do you mean by reference? When can a reference be made by a Subordinate Court to a High Court? Distinguish between reference, review, and revision.
Q.10. What do you mean by Summons? What are its essential elements? State in brief various modes of Service of Summons on the defendant.
Q.11. Summarize the provisions for attachment under the Civil Procedure Code. State exceptions, if any.
Q.12. What is the law of Limitation? What is its nature and object?
Q.13. What do you understand by written statement? Distinguish between Counter claim and Set off.
LL.B. Examination, December -2023
Section-A (Very Short Answer Type Questions): Note: Attempt all the five questions. Each question carries 4 marks. A very short answer is required not exceeding 75 words.
Q.1. Foreign Judgement
Q.2. Mesne profit
Q.3. Indigent person
Q.4. Decree
Q.5. Caveat
Section-B (Short Answer Questions): Note: Attempt any two questions out of the following three questions. Each question carries 10 marks. A short answer is required not exceeding 200 words.
Q.6.What are the basic rules of pleading? When can the leave to amend the pleading be granted?
Q.7. Explain the difference between revision and review.
Q.8. Discuss the importance of ‘cause of action ’ clause is a suit.
Section-C (Long Answer Questions): Note: Attempt any three questions out of the following five questions. Each question carries 20 marks. A detailed answer is required.
Q.9. What do you know about the principle of 'Res-Judicata'? What are the essentials of it? Explain the difference between 'Res-Judicata' and 'Res-subjudice'.
Q.10. What do you mean by Summon? What are its essential elements? State in brief various modes of service of summons on the defendant.
Q.11. What provisions are made with reference to legal disability under the Limitation Act? Describe.
Q.12. What is 'set-off'? Explain the difference between 'legal set-off' and 'equitable set-off'.
Q.13. What are the consequences of non-appearance of a plaintiff, defendant, or both the parties, when the suit is called for hearing? Briefly state the remedies available to a person aggrieved by an ex-parte decree.
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