Civil Procedure Code and Law of Limitation · Semester 5

Civil Procedure Code and Law of Limitation · May/June 2016

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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 · May/June 2016

May/June 2016 · 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) (II - Year V - Semester) / B.A. LL.B. (5 YDC)
V - Year IX Semester Examination, May / June 2016
Time : 3 Hours Max. Marks : 80
PART - A (5 x 6 = 30 Marks)
Write short notes on any FIVE of the following :
1. Parties to Suit.
2. Territorial Jurisdiction.
3. Pleadings.
4. Essentials of Plaint.
5. Judgment and Decree.
6. Arrest and Detention.
7. Interpleader Suits.
8. Object of Limitation.
PART - B (2 x 15 = 30 Marks)
Answer any TWO of the following questions :
9. Narrate the distinction between the doctrines of "Sub Judice" and "Res Judicata".
10. What is the difference between Return of the Plaint and Rejection of the Plaint?
11. When will a Court appoint a Receiver and Commission?
12. Discuss the general principles of limitation under the Indian Limitation Act, 1963.
PART - C (2 x 10 = 20 Marks)
Answer any TWO of the following questions :
13. A filed a suit against 'B' for recovery of Rs. 5,00,000/- in the Junior Civil Judge's Court, based on a
negotiable instrument. Is the suit maintainable?
14. 'X' failed to include a necessary party in the pleadings. What is the effect of non-joinder of a
necessary party in a civil suit?
15. A judgment was delivered against 'X' by a Lower Court and against that he wants to file a
'Review' petition in the next Appellate Court. Is it maintainable?
16. A Plaintiff, who wants to file a suit in the Lower Court and whose cause of action is time-barred,
files a Condone-Delay Petition in the same Court. Is that petition maintainable?

Part A · 6 marks

  1. Parties to Suit.
    Year and frequency →
  2. Territorial Jurisdiction.
    3× in bank Topics: Jurisdiction of civil courts and place of suing
    Year and frequency →
  3. Pleadings.
    Topics: Pleadings: plaint, written statement and amendment (Orders VI–VIII)
    Year and frequency →
  4. Essentials of Plaint.
    3× in bank Topics: Pleadings: plaint, written statement and amendment (Orders VI–VIII)
    Year and frequency →
  5. Judgment and Decree.
    2× in bank Topics: Judgment and decree
    Year and frequency →
  6. Arrest and Detention.
    Year and frequency →
  7. Interpleader Suits.
    5× in bank
    Year and frequency →
  8. Object of Limitation.
    Topics: Bar of limitation and condonation of delay
    Year and frequency →

Part B · 15 marks

  1. Narrate the distinction between the doctrines of "Sub Judice" and "Res Judicata".
    Topics: Res sub judice and res judicata
    Year and frequency →
  2. What is the difference between Return of the Plaint and Rejection of the Plaint?
    2× in bank Topics: Pleadings: plaint, written statement and amendment (Orders VI–VIII)
    Year and frequency →
  3. When will a Court appoint a Receiver and Commission?
    Year and frequency →
  4. Discuss the general principles of limitation under the Indian Limitation Act, 1963.
    2× in bank Topics: Bar of limitation and condonation of delay
    Year and frequency →

Part C · 10 marks

  1. A filed a suit against 'B' for recovery of Rs. 5,00,000/- in the Junior Civil Judge's Court, based on a negotiable instrument. Is the suit maintainable?
    2× in bank Topics: Jurisdiction of civil courts and place of suing
    Year and frequency →
  2. 'X' failed to include a necessary party in the pleadings. What is the effect of non-joinder of a necessary party in a civil suit?
    Topics: Jurisdiction of civil courts and place of suing; Pleadings: plaint, written statement and amendment (Orders VI–VIII)
    Year and frequency →
  3. A judgment was delivered against 'X' by a Lower Court and against that he wants to file a 'Review' petition in the next Appellate Court. Is it maintainable?
    Topics: Judgment and decree; Reference, review and revision
    Year and frequency →
  4. A Plaintiff, who wants to file a suit in the Lower Court and whose cause of action is time-barred, files a Condone-Delay Petition in the same Court. Is that petition maintainable?
    Topics: Bar of limitation and condonation of delay
    Year and frequency →