B.A. LL.B. (Five Years) Sem 9 Civil Procedure Code and Limitation Act 2016 Dec (70 marks) Question Paper - KSLU

Questions asked in this paper

1. Q1 "Pleading should be confined to facts only. It should not contain law." Explain.
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2. Q2 Explain the rules relating to institution of suits under code of civil procedure.
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3. Q3 Explain the rules relating to joinder of parties to the suit.
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4. Q4 Define the term 'issues'. Explain the provisions relating to framing, amending and striking out the issues.
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5. Q5 Explain the inherent powers of the court.
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6. Q6 Explain the effects of fraud or mistake in filing a suit by the parties to a dispute, under the Limitation Act.
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Short notes :

1. Q7 (a) Suit
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2. Q7 (b) Temporary injunction
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3. Q7 (c) Doctrine of res - subjudice.
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The following problems :

1. Q8 (a) The Govt. of Malenadu issues an order banning sale of liquor in the state in order to protect public health. 'X' challenges the validity of the said order before the High Court on the ground that it violates freedom of business under Art. 19(1)(g). The High Court dismisses the petition. Aggrieved by the said order 'X' files a fresh writ petition before the Supreme Court of India. Whether 'X' can succeed in the case ?
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2. Q8 (b) 'A' files a suit against 'B' requesting the court to declare him as an owner of a property 'C'. The court dismisses the suit. 'A' files an appeal before appellate court. During the pendency of appeal, 'A' files a fresh suit against 'B' before the lower court requesting the court to issue decree for 'Mesne profit'. State whether second suit is maintainable.
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3. Q8 (c) 'A' enters into a contract with 'B' for supply of certain goods. The said contract was entered into in Bengaluru and 'B' was required to dispatch the goods to Bengaluru. 'B' fails to supply goods. 'A' files a suit against 'B' in Bengaluru city civil court. 'B' challenges the jurisdiction of the court on the ground that suit has to be filed where the defendant has the place of business. Suggest 'B'.
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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.