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L-5th Sem CPC Sessional Test

This document appears to be an exam for a 5th semester LLB course in Civil Procedure Code. It contains 3 parts - Part A has 15 multiple choice questions testing knowledge of different sections of the Civil Procedure Code. Part B asks students to write short notes on topics like indigent persons, injunctions, and the effect of fraud/mistake on limitation periods. Part C requires longer answers on topics such as reference vs review/revision, summons and their service, and written statements vs counterclaims. The exam tests comprehensive understanding of key concepts and provisions in the Civil Procedure Code.

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Rais Ahmad
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175 views3 pages

L-5th Sem CPC Sessional Test

This document appears to be an exam for a 5th semester LLB course in Civil Procedure Code. It contains 3 parts - Part A has 15 multiple choice questions testing knowledge of different sections of the Civil Procedure Code. Part B asks students to write short notes on topics like indigent persons, injunctions, and the effect of fraud/mistake on limitation periods. Part C requires longer answers on topics such as reference vs review/revision, summons and their service, and written statements vs counterclaims. The exam tests comprehensive understanding of key concepts and provisions in the Civil Procedure Code.

Uploaded by

Rais Ahmad
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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KRISHNA INTITUTE OF LAW

SESSIONAL EXAMINATION

Academic Program: LLB (SEM- 5th)


Paper Name: Civil Procedure Code

Time: 3 Hours [Total Marks: 100]

PART – A

Note – Attempt all questions. (15*2)

1. A written statement –
(a) May contain new facts in favor of the defendant
(b) May contain legal objections to the claim of the plaintiff
(c) Must be confined to the reply of the plaint
(d) Both (a) and (b) above

2. Provision regarding Res subjudice are –


(a) Mandatory (b) Discretionary
(c) Not Mandatory (d) Directory

3. Which of the following sections of the Code is intended to prevent two parallel
proceedings in respect of the same cause of action –
(a) Section 13 (b) Section 11
(c) Section 10 (d) Section 9

4. A decree may be executed by


(a) Court which passed it (b) Court to which sent for execution
(c) Appellate Court (d) Both (a) and (b) above

5. Among the following who cannot be arrested during the execution of money
decree –
(a) Women (b) Any person
(c) Partner (d) None of the above

6. Under the Code the provision of notice before instituting a suit against the
Government is given in –
(a) Section 82 (b) Section 80
(c) Section 79 (d) Section 78

7. Inherent powers of the Court can be exercised under the Code –


(a) To help the plaintiff
(b) To help the defendant
(c) For the ends of justice or to prevent abuse of the process of the Court

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(d) To grant interim relief

8. A residing in Dehradun, beats B in Delhi. B may sue A under the Code –


(a) Delhi (b) Dehradun
(c) Either (a) or (b) (d) Only (a) not (b)

9. A person may sue a foreign State –


(a) Only with the consent of the Central Government
(b) With the consent of the President of India
(c) With the consent of the State Government
(d) Both (a) and (c) above

10. Objection as to the place of suing shall be allowed in the Court of the first
instance is the essence of –
(a) Section 22 (b) Section 21A
(c) Section 21 (d) Section 20

11. Which section of the Code prove enforcement of decree against legal
representative–
(a) Section 51 (b) Section 52
(c) Section 56 (d) Section 58

12. Among the following in which section property liable to attachment and sale
in execution of the decree is provided –
(a) Section 60 (b) Section 62
(c) Section 63 (d) Section 65

13. A judgment debtor has been arrested, may not release on the following
ground–
(a) Suffering from any serious illness
(b) Suffering from any infectious or contagious disease
(c) He is not in a fit state of health to be detained in the civil prison
(d) None of the above

14. Among the following properties, which shall not be liable for attachment
under the Code –
(a) Government securities (b) Banknotes
(c) A mere right to sue for damages (d) All of the above

15. Among the following which section deals with the proceeds of execution-sale
to be rateably distributed among decree-holders–
(a) Section 60 (b) Section 67
(c) Section 73 (d) Section 75

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PART B

Write short note on following questions. (Any three) {3*10}

Q.1 Who is Indigent Person? How can be suit filed by the indigent person? Discuss

Q.2 Define an Injunction and state its kinds.

Q.3 What is the effect of Fraud and Mistake on the computation of the period of
Limitation?

Q.4 What is the basis of the theory of Res Judicata?

Q.5 Define Mesne Profit with example.

PART C

Write long answer on following questions. (Any two) {2*20}

1. What do you mean by reference? Distinguish between reference, review and


revision.
2. What do you mean by summon? What are its essentials elements? Explain various
modes of Service of Summon on the defendant.
3. What do you understand by written statement? Distinguish between counter claim
and set-off.

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