END TERM EXAMINATION, NOVEMBER 2016 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. What is 'mesne profits' as provided under Civil Procedure Code? b. Differentiate between Res SubJudice and ResJudicata. c. Discuss the conclusivety of Foreign Judgments in India. d. How set off is different from counter claim? e. Explain the concept of 'exparte injunction'? f. Who is an 'Indigent person' under Civil Procedure Code? g. What is the similarity between Reference, Review and Revision? h. What are the particulars of Plaint? i. Differentiate between necessary and proper parties in a suit? j. What are different modes of Execution?

2. Discuss the law relating to suit by/against Indigent Person under Civil Procedure Code. Also explain the rationale behind the exemption from to Indigent Person payment of court fees to Indigent Person. Support your answer with relevant provisions and case laws, if any. (Marks 10)

3. "Section 100 of Civil Procedure Code, 1908 provides that Second Appeal shall lie to the High Court, if High Court is satisfied that the case involves a 'substantial question of law'." In the light of above statement, explain 'substantial question of law' in connection to second appeals. Support your answer with relevant provisions and case laws, if any. (Marks 10)

4. Order XXXVIII of Civil Procedure Code, 1908 deals with law and provisions relating to arrest and attachment before Judgment. In the light of the said provision discuss the rationale behind arresting and attaching much before the judgment passed or case decided. Support your answer with relevant provisions and case laws, if any. (Marks 10)

5. "The object of the interlocutory injunction is to protect the plaintiff against injury by violation of his rights for which he could not be adequately compensated in damages recoverable in the action if the uncertainty were resolved in his favour at the trial; but the plaintiff's need for such protection must be weighed against the corresponding need of the defendant to be protected against injury resulting from his having been prevented from exercising his own legal rights for which he could not be adequately compensated under the plaintiff's undertaking in damages if the uncertainty were resolved in the defendant' s favour at the trial. The court must weigh one need against another and determine where's the balance of convenience' lies." In the light of above statement, discuss the 'balance of convenience' as a condition for granting interim injunction. Support your answer with relevant provisions and case laws, if any. (Marks 10)

6. Explain the concept of 'Constructive Res Judicata' and also outline the difference between constructive Res Judicata and principle laid down under Order II Rule 2 of Civil Procedure Code, 1908. Support your answer with relevant provisions and case laws, if any. (Marks: 10)

7. Write Short notes on the following: (Marks 2×5=10) a. Executing Court b. Reference c. Review d. Revision e. Amendment of Pleadings.