Mid Term Examination, September- 2016 B.A.LL.B. (HONS.) SEMESTER IX CIVIL PROCEDURE CODE Max. Marks: 20 Max. Time: 1:30 Hrs. Note: Answer any TWO questions out of three. All questions carry equal marks.

1. There was an agreement between Ashish and Nishant on the one side and Sudhir on the other side and as per the agreement Sudhir had being promised to be given a plot of land by Ashish and Nishant and the price had to be paid by Sudhir to Ashish and Nishant. Some initial payments were made. Later on Ashish and Nishant cancelled the agreement on some ground. The property was located at Gurgaon but the agreement was done at Delhi. The agreement contains the Exclusive Jurisdiction Clause which states that any Delhi Court will have jurisdiction. A suit for specific performance and possession was filed by Sudhir at Delhi. After 8 years Ashish and Nishant applied for an amendment of pleadings for raising an objection of jurisdiction. The court allowed the same and conducted a hearing upon question of jurisdiction. Decide the same in the light of relevant provisions and case laws, if any. (Marks 05) "In our opinion the object and purpose underlying the introduction of Explanation VIII" (of Section 11 of Civil Procedure Code, 1908) "was much wider, namely, to render the principle of Res Judicata fully effective so that issues heard and finally decided between the parties to an action by any court competent to decide such issues should not be allowed to be re-agitated by such parties or persons claiming through them in a subsequent litigation" In the light of the above statement discuss the relevancy and importance of 'Court of Competent Jurisdiction' under Section 11 of Civil Procedure Code, 1908, with relevant provisions and case laws, if any. (Marks 05)

2. Define the term 'pleadings' as defined in the Civil Procedure Code, 1908. What are the general rules of pleadings enshrined in the provisions of the Civil Procedure Code, 1908? (Marks 10)

3. In a case, the provisions of Section13, Clause and Civil Procedure Code, 1908 were at issue. The wife had, in this case, sued for maintenance against the husband (residing in the United States). The husband, it seems had obtained a decree of divorce in a Mexican Court. The objection of the wife was that the husband was not a bona fide resident of Mexico and had obtained the judgment by misleading the Mexican Court and therefore, the decree of divorce was taken by fraud. Further, the decree was passed without recording any evidence and was not given on merits, and the wife was not heard personally by the Mexican Court. The Wife did not appear or submit to the jurisdiction of the Mexican court and the divorce decree was therefore, invalid for breach of natural justice. Upholding these objections, the High court declared the marriage to be subsisting and held that the wife was entitled to maintenance. Discuss the validity of the decision of court in the light of relevant statutory provisions of Civil Procedure Code, 1908, and case laws, if any. (Marks 05) Amit sues Binay to recover Rs. 1,500 in a court of which the pecuniary jurisdiction in a court of which the pecuniary jurisdiction is limited to Rs. 2,000. Binay alleges that he has paid Rs. 1,000 to Amit on account, and admits his liability for Rs 500, but he claims a set-off of Rs. 1,700 being the amount due on a promissory note passed to him by Amit, and asks for a decree for Rs 1,200 Amit further contended that the amount claimed to set-off is not Rs.1,000 plus Rs 1,700 i.e. Rs 2,700 but Rs 1,700 only, and therefore, within the jurisdiction of the court. In the light of the above stated facts decide the issue, with relevant provisions of Civil Procedure Code, 1908 and case laws, if any. (Marks 05)