Mains Test Series
CPC & Limitation
Maximum Marks - 200
Time - 3 Hrs
- At what stage, the objection as to jurisdiction can be raised by the parties? Can Court raise the object as to jurisdiction on its own? Discuss comprehensively. [20 marks]
- Enlist the characteristics of the following: [15 marks]
(b) Suit by or against the minor
(c) Friendly suits
(d) Suit by an indigent person
- Examination for ADR is mandatory. In the light of the statement, describe the provision related to it. [10 marks]
- Facts :
(a) A suit was filed by the father Sh. Rakesh on behalf of his minor son, Akshit against his father, Sh. Manohar for partition of the HUF property being the residential house #1571, Sector 16 D, Chandigarh. Though, the son was minor, no application was filed to pursue the suit as the next friend of the minor son. Akshit become major during the pendency of the suit and being in need of money sold his undivided share to Nitish Kapoor, who instead of substituting for Akshit continued the suit on behalf of Akshit are obtained a decree for partition.
(b) During the execution proceedings, the executing court held that instead of partition, Nitish Kapoor was only entitled to the value of the undivided share and not physical partition.
(c) When the proceedings were going on to determine the value of the share for being paid to Nitish Kapoor, the father Sh. Manohar Lal filed an application to hold that decree was need and void on two grounds. The first was that no application was filed to appoint the father as the next friend and therefore the decree was null and void. The substituting himself in place of the original plaintiff - Akshit and since by the time decree was passed, Akshit was no longer owner of any interest in the HUF property, thus the decree passed in favor of Akshit was bad in Law.
(i) Was it necessary for Sh. Rakesh to get appointed as a next friend by a Court order?
(ii) Whether it was necessary for Nitish Kapoor to get himself substituted in place of Akshit before the decree was passed, and if yes, then the application had to filed under which provision of CPC & Why? [15 marks]
- Explain the characteristics of "Representative Suits". By whom and under what circumstances can such suit be brought? Is there any need to take consent of the person. Who are being represented ? Discuss. [10 marks]
- Madhur took a loan of Rs 5,00,000 from Mohini. She didn't pay the loan amount within the agreed period. Mohini filed a suit for recovery of Rs. 5,00,000 against Madhu. The suit was decreed in her favor. Mohini filed an execution petition but in execution, the decree was not satisfied. A filed an application under Section 55 of CPC for the arrest and detention of Madhu. Madhu objected this application on the ground of its maintainability against her. Are the objections of X justified in the circumstances of the above case? Answer with the help of relevant provisions of CPC & the case Law if any. [10 marks]
- (i) What do you understand by the suits of Civil Nature? Discuss and illustrate.
(ii) Whether expulsion from caste is a suit of Civil Nature. Decide [5x2=10 marks]
- How Res Judicata is different from estoppel and lis pendens [10 marks]
- Can appellate Court take evidence at the stage of appeal? If yes, what is the procedure? [10 marks]
- Rajat sues Nikhil on a Bill of Exchange. Nikhil alleges that Rajat has wrongfully neglected to insure B's goods & is liable to him in compensation which he claims to set off. Can the amount be set-off? Discuss. [10 marks]
- The head office of a transport company was situated at Chandigarh and the branch offices as Ranchi, Patiala and Lucknow. A dispute arises between Jyoti and the company in respect of transaction made through Lucknow office. Jyoti files a suit in respect of this dispute against the company in a court of Ranchi. Decide the maintainability of suit at Ranchi Court. [10 marks]
- Can parties alter or take away jurisdiction from a court to try a suit by making a expressed provisions in their contract? [10 marks]
- (i) Can a court Suo moto order for striking out or amending any pleading? [5 marks]
(ii) Under what circumstances court can amend its own Judgment, decrees or orders? [5 marks]
- Explain the maxim Vigilantibus nor dormientibus jura subveniunt. To what extent the doctrine is incorporated in the law of limitation in India? [10 marks]
- Whether the law of Limitation can be waived in India? [5 marks]
- Can an acknowledgement be made under section 18 of Limitation Act after the expiry of the period of limitation but during vacation when courts were closed, save limitation? [10 marks]
- The law of limitation is retrospective in its effect. Comment what are the rules of limitation in the case of trust. [10 marks]
- What is the limitation period prescribed for filling a suit in the following: [10 marks]
(i) by a landlord to recover possession from a tenant.
(ii) for compensation for false imprisonment.
(iii) to enforce a right of pre-emption.
(iv) for specific performance of contract.