B.A. LL.B. (Five Years) Sem 9 Civil Procedure Code and Limitation Act 2014 Dec Question Paper - KSLU

Questions asked in this paper

1. Q1 "Every suit shall be Instituted in the court of lowest grade competent to try it". Comment.
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2. Q2 Explain the general and other rules of pleading.
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3. Q3 Explain the consequences of appearance and non-appearance of parties in a suit.
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4. Q4 What is injunction ? State the grounds and procedure for issuing a order of temporary injunction.
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5. Q5 State the purpose for which receiver can be appointed. What are the powers and function of receiver and when they can be removed ?
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6. Q6 What are appeals ? State the classes of appeal provided under C.P.C.
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7. Q7 What is legal disability ? Discuss the provisions in the Limitation Act affording protection under such disability.
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Write short notes on any two of the following :

1. Q8 (a) Dilatory pleas
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2. Q8 (b) Commission
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3. Q8 (c) Caveat petition
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Solve any two of the following problems :

1. Q9 (a) Shankar was the trustee of a trust. After Shankar's death, Anil wrongfully takes the possession of the trust property. Rohan the son of Shankar files a suit for recovery of possession of the property against Anil as a legal heir and in his individual capacity. But Rohan did not succeed. Then Rohan files another suit for recovery of trust property against Anil in the capacity of a trustee, as he is appointed as a trustee after the death of Shankar. Can Rohan succeed in this case ?
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2. Q9 (b) A textail manufacturing company having its Head Office at Bangalore, had branch offices at Hubli, Mysore and Mangalore. A dispute cropped up between Mr. Babu and Prakash Transport Company in respect of transaction through Hubli office. Mr. Babu files a suit in respect of the dispute against the company in the court of Mangalore. Is the court of Mangalore is competent to decide the case ? Give reason.
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3. Q9 (c) Charan wants to file a case against Rahul. As the court was closed due to the holiday and that being a last day of the limitation. Mr. Charan seeks extension of limitation period on that ground, will be succeed ?
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Typed from the KSLU paper above. The paper is the original. Long reading passages are shortened here to their first and last lines and a summary.