Civil Procedure Code and Law of Limitation · Semester 5

Civil Procedure Code and Law of Limitation · December 2015

Study aid only. Confirm statute numbers with the current bare Act and the official OU LL.B. (3-YDC) 2024–25 syllabus PDF.

Official previous-year question paper (PDF scan), OU LL.B. Year 3 Semester 1 (V Semester). Download the file; question-to-topic mapping can be added later from this paper.

Osmania University · Faculty of Law

Civil Procedure Code and Law of Limitation · December 2015

December 2015 · Civil Procedure Code and Law of Limitation · Semester 5

PAPER - I : CIVIL PROCEDURE CODE AND LAW OF LIMITATION
FACULTY OF LAW
LL.B. (3 YDC) III - Year V - Semester Examination, December 2015
Time : 3 Hours Max. Marks : 80
PART - A (5 x 6 = 30 Marks)
Answer any FIVE of the following :
1. Preliminary Decree.
2. Mesne Profits.
3. Res sub judice.
4. Cause of action.
5. Commissions.
6. Inter-pleader Suit.
7. Reference.
8. Condonation of Delay.
PART - B (2 x 15 = 30 Marks)
Answer any TWO of the following questions :
9. What is Set-off? Distinguish between set-off and Counter Claim.
10. Explain the Doctrine of Res Judicata.
11. What is an Ex-parte Decree? What are the remedies available to a defendant against an Ex-parte
Decree?
12. What is an Appeal? What are the powers of the Appellate Court?
PART - C (2 x 10 = 20 Marks)
Answer any TWO of the following questions :
13. 'A' sues 'B' for compensation on account of breach of contract. 'B' holds a promissory note for Rs.
4,00,000/- from 'A' and claims to set off that amount against any sum that 'A' may recover in the
suit. Is such a plea maintainable?
14. 'A' is a resident of Delhi. 'B' is a resident of Mumbai. 'A' published in Hyderabad statements
defamatory of 'B'. In which place can the suit be filed?
15. In a civil suit, though the defendant appears, the plaintiff does not appear before the court.
What is its consequence?
16. 'X' was the owner of immovable property. That property was in the possession of 'Y' from the
year 1998. 'X' filed a suit against 'Y' for recovery of that property on the basis of title in the year
2012. Is it maintainable?

Part A · 6 marks

  1. Preliminary Decree.
    2× in bank Topics: Judgment and decree
    Year and frequency →
  2. Mesne Profits.
    2× in bank
    Year and frequency →
  3. Res sub judice.
    2× in bank Topics: Res sub judice and res judicata
    Year and frequency →
  4. Cause of action.
    2× in bank
    Year and frequency →
  5. Commissions.
    2× in bank
    Year and frequency →
  6. Inter-pleader Suit.
    5× in bank
    Year and frequency →
  7. Reference.
    Year and frequency →
  8. Condonation of Delay.
    Year and frequency →

Part B · 15 marks

  1. What is Set-off? Distinguish between set-off and Counter Claim.
    Year and frequency →
  2. Explain the Doctrine of Res Judicata.
    Year and frequency →
  3. What is an Ex-parte Decree? What are the remedies available to a defendant against an Ex-parte Decree?
    Year and frequency →
  4. What is an Appeal? What are the powers of the Appellate Court?
    Year and frequency →

Part C · 10 marks

  1. 'A' sues 'B' for compensation on account of breach of contract. 'B' holds a promissory note for Rs. 4,00,000/- from 'A' and claims to set off that amount against any sum that 'A' may recover in the suit. Is such a plea maintainable?
    Year and frequency →
  2. 'A' is a resident of Delhi. 'B' is a resident of Mumbai. 'A' published in Hyderabad statements defamatory of 'B'. In which place can the suit be filed?
    Year and frequency →
  3. In a civil suit, though the defendant appears, the plaintiff does not appear before the court. What is its consequence?
    Year and frequency →
  4. 'X' was the owner of immovable property. That property was in the possession of 'Y' from the year 1998. 'X' filed a suit against 'Y' for recovery of that property on the basis of title in the year 2012. Is it maintainable?
    Year and frequency →