Civil Procedure Code and Law of Limitation · Semester 5

Civil Procedure Code and Law of Limitation · January/February 2017

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 · January/February 2017

January/February 2017 · 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 / B.A. LL.B. (5 YDC) / B.B.A. LL.B. (5 YDC)
V - Year IX - Semester Examination, Jan. / Feb. 2017
Time : 3 Hours Max. Marks : 80
PART - A (5 x 6 = 30 Marks)
Answer any FIVE of the following :
1. Delivery of Summons.
2. Joinder of Defendants.
3. Written Statement.
4. Counter claims.
5. Interlocutory Application.
6. Set aside ex-parte Decree.
7. Define and explain Admission.
8. Arrest before Judgement.
PART - B (2 x 15 = 30 Marks)
Answer any TWO of the following questions :
9. Explain the salient features introduced by recent Amendment to C.P.C. regarding issue and Service
of Summons.
10. Discuss the Jurisdiction of Courts to try Suits.
11. Explain the salient features introduced by recent amendments to C.P.C. regarding recording of
evidence.
12. Discuss the nature and scope of Section 5 of the Limitation Act, 1963.
PART - C (2 x 10 = 20 Marks)
Answer any TWO of the following questions :
13. 'A' and 'B' jointly entered into an agreement of sale of their joint property with 'X'. 'A' and 'B' also
received a sufficient amount towards advance from 'X'. Subsequently 'B' died. When 'X' wants
the property to get registered in his name, the legal heirs refused to register the sale deed. What
remedy is available to the aggrieved party 'X' under C.P.C.?
14. 'A' and 'B' purchased adjacent plots bearing Plot Nos. 250/A and 250/B, each admeasuring 500
sq. yards, from a housing society at Hyderabad. 'A' is a military officer away from Hyderabad for
a long period on transfer. Meanwhile 'B' constructed the house in Plot No. 250/A by mistake, in
the plot of 'A', instead of Plot No. 250/B. On retirement 'A' wants to construct his house but
found that 'B' has constructed a double-storied building in his plot 250/A. 'A' wants his land back
from 'B'. What suit can 'A' institute against 'B' under C.P.C., and what relief can 'A' get?
15. 'X' has entered into a Registered Agreement of Development-cum-GPA in regard to his property
with 'Z'. The GPA does not empower the GPA holder to enter into an agreement of development
with a third party. 'Z' failed to develop the property and expressed his inability to do so. 'X' has
cancelled the GPA by registration. Meanwhile 'Z', taking undue advantage of the GPA, entered
on behalf of 'X' into an agreement of development with a reputed firm 'Y', and 'Y' started the
development work. 'X' wants to stop the development work by 'Y'. What suit can 'X' file to save

his property under C.P.C., who are to be made party to the suit, and what other steps should 'X'
take?
16. 'A', a Government servant who was removed from service after departmental enquiry
proceedings, was subsequently reinstated by order of the Court. The department denied him his
arrears of salary on the ground of limitation. Is 'A' entitled to the arrears? If so, what are the
exceptions under the Limitation Act?

Part A · 6 marks

  1. Delivery of Summons.
    Year and frequency →
  2. Joinder of Defendants.
    Year and frequency →
  3. Written Statement.
    Year and frequency →
  4. Counter claims.
    3× in bank
    Year and frequency →
  5. Interlocutory Application.
    Year and frequency →
  6. Set aside ex-parte Decree.
    Year and frequency →
  7. Define and explain Admission.
    Year and frequency →
  8. Arrest before Judgement.
    Year and frequency →

Part B · 15 marks

  1. Explain the salient features introduced by recent Amendment to C.P.C. regarding issue and Service of Summons.
    Year and frequency →
  2. Discuss the Jurisdiction of Courts to try Suits.
    Year and frequency →
  3. Explain the salient features introduced by recent amendments to C.P.C. regarding recording of evidence.
    2× in bank
    Year and frequency →
  4. Discuss the nature and scope of Section 5 of the Limitation Act, 1963.
    Year and frequency →

Part C · 10 marks

  1. 'A' and 'B' jointly entered into an agreement of sale of their joint property with 'X'. 'A' and 'B' also received a sufficient amount towards advance from 'X'. Subsequently 'B' died. When 'X' wants the property to get registered in his name, the legal heirs refused to register the sale deed. What remedy is available to the aggrieved party 'X' under C.P.C.?
    Year and frequency →
  2. 'A' and 'B' purchased adjacent plots bearing Plot Nos. 250/A and 250/B, each admeasuring 500 sq. yards, from a housing society at Hyderabad. 'A' is a military officer away from Hyderabad for a long period on transfer. Meanwhile 'B' constructed the house in Plot No. 250/A by mistake, in the plot of 'A', instead of Plot No. 250/B. On retirement 'A' wants to construct his house but found that 'B' has constructed a double-storied building in his plot 250/A. 'A' wants his land back from 'B'. What suit can 'A' institute against 'B' under C.P.C., and what relief can 'A' get?
    Year and frequency →
  3. 'X' has entered into a Registered Agreement of Development-cum-GPA in regard to his property with 'Z'. The GPA does not empower the GPA holder to enter into an agreement of development with a third party. 'Z' failed to develop the property and expressed his inability to do so. 'X' has cancelled the GPA by registration. Meanwhile 'Z', taking undue advantage of the GPA, entered on behalf of 'X' into an agreement of development with a reputed firm 'Y', and 'Y' started the development work. 'X' wants to stop the development work by 'Y'. What suit can 'X' file to save his property under C.P.C., who are to be made party to the suit, and what other steps should 'X' take?
    Year and frequency →
  4. 'A', a Government servant who was removed from service after departmental enquiry proceedings, was subsequently reinstated by order of the Court. The department denied him his arrears of salary on the ground of limitation. Is 'A' entitled to the arrears? If so, what are the exceptions under the Limitation Act?
    Year and frequency →