10 markers
Whether Suit for recovery of possession is a suit of civil nature or not?
What are the special provision for suit by Indigent person under Civil Procedure code?
What are the different mode of execution of decree and also explain the term Garnishee order
and precepts?
Discuss why every suit as far as possible, be framed so as to afford ground for final decision
upon the subjects in dispute. What is the plenty for non-compliance of the above rule? What is
the effect if the plaintiff omits to sue in respect or, intentionally relinquishes, any portion of the
claim?
What are the conditions upon the fulfilment of which the Court may grant a temporary injunction
under Order 39, Rule 1 and Rule 2 of Code of Civil Procedure? Has the Court any inherent
jurisdiction to injunction in circumstances which are not covered by Order 39 of the Code? What
is the remedy for obedience of an order of injunction?
Give brief description of rules contained in Order 33 of the Code. (5)
Discuss the provisions of the Civil Procedure Code with regard to suit against Government and
its officials. (5)
If a person holds the property as a custodian he shall do all the endeavour to get it bestowed in
the person who shall have the consequential title? Discuss.
Mr. Smith borrowed a sum of money from Mr. Joy. The last date for fling the suit fell on Sunday.
On Monday, the next working day, Mr.Smith gives a written acknowledgment to Mr. Joy. Advise
Mr.
Joy whether he should file the suit immediately or he can do so after sometime. Discuss the law
relating suit by or against Indigent Person.
Inherent powers
As a mortgagor A sues B for the redemtion of certain property alleging that he has mortgaged it
with possession to B. The mortgage is not proved and suit is dismissed. whether Acan files
another suit against B of the same property claiming to be the owner thereof. Give the valid
reason with case laws.
Explain various modes of execution of the decree and state the question which may be
determined by the executing court.
Discuss the provisions of the Civil Procedure Code relating to "Res-subjudice"
Who may be joined as plaintiff's and defendants? What is the effect of misjoinder and non-
joinder of parties?
Explain the fundamental rules of pleadings. When the amendement of pleading is permissible ?
State the provisions which govern the determination of place of suing and answer the following
questions?
(a) 'X' residing in Lucknow publishes statement defamatory of 'Y' in Faizabad. At what place 'y'
may sue 'X'? Advise.
(b) 'A', 'B' and "C' jointly took a loan from "D' at Varanasi on a promissory note. 'D' lives in
Lucknow, 'A', 'B' and 'C' reside in Faizabad, Varanasi and Kanpur, respectively, Determine the
place of suing.
Define res-judicata and state the conditions that are necessary to satisfy for the application of
the doctrine of res-judicata.
What do you mean by Temporary Injunction. What are the principles are required tom be taken
into consideration by the court for granting of Temporary Injunction?
What is the object of framing issues in a civil suit?
What facts are essential in a notice under Sec. 80? What will be the effect upon the suits against
the Central Government, the State Government & their officers, if the said notice is not given ?
Who is an indigent person? What is the mode of instituting suit by such person?
