I.D.
END TERM EXAMINATION, NOVEMBER 2017
B.A.LL.B. (HONS.)
SEMESTER-IX
Civil Procedure Code
Max. Marks: 60 Time Allowed: 3:00 Hrs.
Note: Answer five questions including Question No. 1 which is compulsory. The number of marks carried
by each question is indicated at the end of the question.
1. Answer the following (each answer should be in approximately 100 words): (Marks 2×10=20)
a. Decree
b. Mesne Profits
c. Cause of action
d. Legal representative
e. Res Subjudice
f. Foreign Judgment
g. Set-off and Counter claim
h. Temporary Injunction
i. Executing court
j. Reference
2. "A suit in which the right to property or to an office is contested is a suit of a civil nature,
notwithstanding that such right may depend entirely on the decision of question as to religious rites
or ceremonies." Explain this statement with help of decided cases. (Marks 10)
3. What do you understand by 'matter directly and substantially in issue' in Res Judicata? How far it
differs from 'matter collaterally or incidentally in issue'? (Marks 10)
4. In which Civil Courts a suit may be field in the following cases, give reason for your answer:
a. A Landlord resident of Allahabad has a house at Varanasi. He has let out his house to a
tenant is a Government servant at Lucknow and living with his family at Varanasi.
wants to file a suit against tenant for the recovery of rent of six months which has been due.
b. A resides at Shimla, B at Calcutta and C at Delhi. B and C being together at Varanasi, B and
C make a joint promissory note payable on demand and deliver it to A. A wants to sue B and C
on the basis of promissory note. (Marks
5. Discuss the concept of "Substantial Question of Law" on which the second appeal is preferred
before the High court. Can second appeal lie in the following cases?
a. Ex parte Decree
b. Decision being contrary to law (Marks
6. Discuss the grounds of Review and Revision. (Marks 10)
7. Who is indigent person? Elucidate in brief the provision of the Code of Civil Procedure in regard to
suit by indigent person. (Marks 10)