Civil Procedure Code and Law of Limitation · Semester 5

Civil Procedure Code and Law of Limitation · April/May 2023

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 · April/May 2023

April/May 2023 · 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) / LL.B. (3 YDC) (Hons.) III - Year V Semester Examination
B.A. LL.B. / B.Com. LL.B. (5 YDC) IX Semester Examination, April / May 2023
Time : 3 Hours Max. Marks : 80
PART - A (5 x 6 = 30 Marks)
Answer any FIVE of the following :
1. Mesne Profit.
2. Judgment Debtor.
3. Legal disability.
4. Acknowledgment.
5. Cause of Action.
6. Pecuniary Jurisdiction.
7. Condone the delay.
8. Execution.
PART - B (2 x 15 = 30 Marks)
Answer any TWO of the following questions :
9. Describe the manner in which a suit against a minor can be instituted.
10. Discuss upon the different stages of a suit.
11. On what grounds is the remedy of revision available to an aggrieved person?
12. What is a plaint? Describe its essential contents.
PART - C (2 x 10 = 20 Marks)
Answer any TWO of the following questions :
13. A suit was instituted by the Plaintiff Company alleging infringement by the Defendant Company
for using the trade name of the medicine and selling the same in wrapper and carton of identical
designs with the same colour combination, etc., as that of the Plaintiff Company. A subsequent
suit was instituted in a different Court by the Defendant Company against the Plaintiff Company
with similar allegations. In such a situation, advise the Plaintiff Company on the procedure
adopted by the Courts.
14. A transport company has its head office in Delhi and branch offices in Chennai, Jaipur and
Mumbai. A dispute cropped up between Sam and the company in respect of a transaction made
through the Chennai office. Sam files a suit in respect of this dispute against the company in a
Court at Jaipur. How will the Court decide?
15. Ram and Shyam sell wheat for Rs. 10,000 to Sohan and Mohan. Sohan sells cloth worth Rs.
12,000 to Shyam. Sohan files a suit against Shyam for recovery of the price of cloth. Shyam
claims set-off of the cost of wheat in this suit. Will he succeed?
16. A was a trustee of a trust. After A's death, B wrongfully takes possession of the trust property. C,
the son of A, files a suit for recovery of possession of the property against B as the legal heir of A
in his individual capacity. But C did not succeed. Then C files another suit for recovery of the
trust property against B in the capacity of trustee, as he was appointed trustee after the death of
A. Is the second suit barred by the doctrine of constructive res judicata?

Part A · 6 marks

  1. Mesne Profit.
    2× in bank
    Year and frequency →
  2. Judgment Debtor.
    Year and frequency →
  3. Legal disability.
    Year and frequency →
  4. Acknowledgment.
    Year and frequency →
  5. Cause of Action.
    2× in bank
    Year and frequency →
  6. Pecuniary Jurisdiction.
    Year and frequency →
  7. Condone the delay.
    Year and frequency →
  8. Execution.
    Year and frequency →

Part B · 15 marks

  1. Describe the manner in which a suit against a minor can be instituted.
    Year and frequency →
  2. Discuss upon the different stages of a suit.
    Year and frequency →
  3. On what grounds is the remedy of revision available to an aggrieved person?
    Year and frequency →
  4. What is a plaint? Describe its essential contents.
    Year and frequency →

Part C · 10 marks

  1. A suit was instituted by the Plaintiff Company alleging infringement by the Defendant Company for using the trade name of the medicine and selling the same in wrapper and carton of identical designs with the same colour combination, etc., as that of the Plaintiff Company. A subsequent suit was instituted in a different Court by the Defendant Company against the Plaintiff Company with similar allegations. In such a situation, advise the Plaintiff Company on the procedure adopted by the Courts.
    Year and frequency →
  2. A transport company has its head office in Delhi and branch offices in Chennai, Jaipur and Mumbai. A dispute cropped up between Sam and the company in respect of a transaction made through the Chennai office. Sam files a suit in respect of this dispute against the company in a Court at Jaipur. How will the Court decide?
    Year and frequency →
  3. Ram and Shyam sell wheat for Rs. 10,000 to Sohan and Mohan. Sohan sells cloth worth Rs. 12,000 to Shyam. Sohan files a suit against Shyam for recovery of the price of cloth. Shyam claims set-off of the cost of wheat in this suit. Will he succeed?
    Year and frequency →
  4. A was a trustee of a trust. After A's death, B wrongfully takes possession of the trust property. C, the son of A, files a suit for recovery of possession of the property against B as the legal heir of A in his individual capacity. But C did not succeed. Then C files another suit for recovery of the trust property against B in the capacity of trustee, as he was appointed trustee after the death of A. Is the second suit barred by the doctrine of constructive res judicata?
    Year and frequency →