I.D. No.

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B.A. LL.B. (Hons.)
End Term Examination, November-2022
Semester IX
Civil Procedure Code (CPC)
Max. Marks: 50 Duration: 3:00 Hrs.
Note: Answer five questions including Question No. 1 which is compulsory. The marks carried by each
question are indicated at the end of the question.
1. Answer the following questions in maximum 100 words each: (2×5=10 Marks)
a. When a preventive relief can be granted?
b. What do you understand by the term “Legal Disability” under the Indian Limitation Act 1963?
c. Point out the distinction between ‘legal set- off’ and ‘equitable set-off’ in a suit.
d. Illustrate the “facta probanda and facta probantia” in a suit.
e. When a foreign Judgment is conclusive?

2. There had been a dispute between Mr. Raghupati and Mr. Raghav (Both reside at Bilaspur) regarding the
property situated at Raipur admeasuring 3 (Three) hectors covering the bounderies from East- the field
of Mrs. Raja, from West- the field of Mr. Ram, from South- the open land of Mr. Pawan and from
North-a Public Road with worth of Rs. 1 crore 20 lakh.
Mr. Raghupati filed a suit against Mr. Raghav for recovery of possession on the basis of his title in the
Court of Civil Judge junior division at Bilaspur believing that, it would be convenient to both the parties
being the resident of Bilaspur. The newly appointed judicial officer initiated the proceedings, summons
were issued to the parties, written statement by the defendant has been filed and matter reach to the stage
of framing of issues.
The parties keep silent on the issue of jurisdiction which seems very crucial to determine the rights of
Courts to decide the matter. But, the trial court at Bilaspur later on realized that, it does not have a
territorial jurisdiction on the said suit property.
Imagine that, you are the Judge presiding over on the matter. Discuss and decide the proper course of
action with reasons for your decision. Support your answer with relevant provisions of law and suitable
case laws. (10 Marks)
3. What do you mean by Execution of a Decree? Discuss the various modes of execution of a decree and
elucidate the powers of the courts ‘passing a decree’ and the ‘Court executing a decree’. Explain with the
help of relevant provisions of the Civil Procedure Code, 1908 and case laws. (10 Marks)
4. Mr. Sitaram and Ms. Geeta are siblings and both are major. They inherited the property from their
common ancestor; their father Late Mr. Jyotiba who had huge property situated at Indore (M.P) but had
deteriorated health condition. Mr. Jyotiba always used to spend his free time at Jyoti Villa situated
nearby the city of Indore. Considering the nature of huge property and deteriorated health, he appointed
Mr. Amjat as the administrator and executor of the property. Mr. Jyotiba passed away on 22nd December
2019 as a result of Covid 19. After the death of Mr. Jyotiba, Mr. Amjat started executing the property.
But he found that, Mr. Jyotiba did not mention this Villa in the list of allocation of property to Mr.
Sitaram and Ms. Geeta. As an administrator and the loyal person to the family of Mr. Jyotiba, Mr. Amjat
requested to Mr. Sitaram and Ms. Geeta to have a joint possession on the property with equal share in it
as there is no heir in the family except the sibling. But Mr. Sitaram and Ms. Geeta were not readily
agreed on the same. Rather, both were claiming the said Villa against each other on the basis of the
“Will” they possessed individually and wanted to claim property in adversary to each other. Mr. Amjat
had no legal background nor does he have any interest in the said suit property. No one other than Mr.
Sitaram and Ms. Geeta claimed the property.
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 Mr. Amjat is your client and seeking advice from you on the following queries. Keeping the above
situation in mind, answer the questions with the help of legal provisions, suitable case laws and your
justification for the advise.
a. Can Mr. Amjat file a civil suit in this matter? In case a suit is admitted, what shall be the
procedure the court will adhere in such matter? (5 Marks)
b. Can the trial court insist the parties to go for ADR mechanism or compromise of the present suit?
(5 Marks)
5. What is ‘continuous running of time’ as given under the Indian Limitation Act 1963? Elaborate. Are
there any exceptions of this general Rule? Answer with the help of legal provisions and suitable case
laws. (10 Marks)
6. An action or inaction of a party can impact the suit, he may either be a joinder, non-joinder or
misjoinder. Parties and their presence to the proceedings matters lot. However, in the context of
appearances of the parties to the proceedings, three situations are addressed by the Code of Civil
Procedure 1908. These includes, when only plaintiff appears and defendant does not. Secondly, when
only the defendant appears and plaintiff does not and thirdly, when neither party to the suit make
appearance.
Explain the consequences of abovementioned circumstances with the help of relevant rules of CPC 1908
and state the procedure in case of ex-parte decree passed against the party if party proves a sufficient
cause for his/her absence in the proceedings on the date of hearing. Justify with the help of legal
provisions under CPC 1908. (10 Marks)
7. Write a brief essay on the “Historical Development of the Code of Civil Procedure 1908”. Discuss with
the help of various Law Commissions Reports and recent amendments. Do you think that the recent
amendments have served the purpose? (10 Marks)

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