B.A. LL.B. (Five Years) Sem 9 Civil Procedure Code and Limitation Act 2018 Jun Question Paper - KSLU

Questions asked in this paper

1. Q1 Explain the general rules of pleading.
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2. Q2 Describe the provisions relating to institution of suit.
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3. Q3 What is Res judicata ? Explain the conditions to constitute of Res judicata.
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4. Q4 Whether death of a party to a suit abate the legal proceedings ? Explain applying rules under order XXII of CPC 1908.
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5. Q5 What is exparte decree ? Explain the grounds for setting aside the exparte decree.
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6. Q6 Explain the factors to be considered by the court before granting of temporary injunction.
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7. Q7 "Once the time has began to run, no subsequent disability or inability can stop it". Discuss.
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Write short notes on any two of the following :

1. Q8 (a) Adjournment.
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2. Q8 (b) Inter-pleader suit.
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3. Q8 (c) Legal disability under limitation act.
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Solve any two of the following problems:

1. Q9 (a) 'A' filed suit for partition against his brothers 'B' and 'C'. The court has passed the preliminary decree and final decree in the matter. Being aggrieved by the decree of the court 'A' preferred appeal against final decree and raised question about correctness of the preliminary decree. Whether appeal maintainable ?
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2. Q9 (b) Ramesh has borrowed some money from Dinesh and failed to repay it. Dinesh wants to file suit against Ramesh for recovery of money advanced. The last day of limitation was sunday. Therefore he filed suit on immediate next monday and claims for extension of limitation as the last day of limitation was sunday being holiday to the court. Can he succeed ?
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3. Q9 (c) The suit filed by 'X' is posted for cross examination of the plaintiff. Defendant files application for adjournment on the ground that his counsel is suffering from illness. Rejecting the application, court directs him (defendant) to change the counsel and proceed with cross examination. Whether order of the court is sustainable ?
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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.