Question Paper

LL.B.
III - SEMESTER EXAMINATIONS

SUBJECT: CODE OF CIVIL PROCEDURE & LIMITATION ACT
PAPER CODE: LB-302
TIME: 3 HOURS MAXIMUM MARKS: 100
Instructions:
 All questions carry equal marks (25 marks)
 This question paper contains total of 6 questions and two parts- Part A and
Part B.
 Attempt at least one question from Part B. Attempt 4 questions in all.
 Answers may be written either in English or in Hindi but the same medium
should be used throughout the paper.

PART A

Q1) In a suit for possession of land and for permanent injunction restraining the
defendants from alienating the land by way of sale, the plaintiff filed an application
under Order 6 Rule 17 of the Code of Civil Procedure, 1908 seeking the amendment
of the plaint by making a prayer for declaring that the judgment and the decree passed
in earlier civil suit between them as null and void and ineffective against the rights of
the plaintiff. The application for amendment was dismissed mainly on the ground that
the same has been filed without explaining the alleged inordinate delay and that the
proposed amendment of the plaint is likely to change the very foundation of the suit
by introducing a distinct cause of action. The counsel of the defendant admitted that
the relief claimed by the plaintiff is not barred by time and the proposed amendment
does not take away any vested right of the defendant. Discuss and decide whether the
proposed amendment can be allowed.
Q2) A filed a suit on the basis of a cheque of Rs. 50,000 drawn by B in favor of A,
which on the presentation to the bank was dishonored. A filed a suit under Order 37
of the Code of Civil Procedure, 1908. B applied for leave to defend the suit filed by
A. The judge held that “The defence raised by B raises a triable issue but, he held
that B has not placed anything on record to show that his defence is a bona fide one”.
The judge thus permitted B to appear and defend the suit on the condition of giving
security to the extent of the amount of the suit and cost of the suit. B applied for
review and appeal but failed. B did admit execution of cheque by him but he pleaded
that it was only given as a collateral security for the price of the goods, which A
supplied to B. B backed up his assertions with an affidavit but the judge demanded
documentary evidence from B in his defence and observed that in the absence of this
evidence, the defence of B seems to be vague and frivolous. Whether this observation
seems to be correct keeping in mind the provisions of Order 37? Discuss and decide
as per the case laws.
Q3) Plaintiff is elder brother of the defendant. When he acquired and constructed
property, defendant was 17 years old. Plaintiff permitted defendant to stay on first
floor after his marriage. Their relations turned sour as defendant obstructed plaintiff,
when he wanted to construct two toilets on ground floor and raise construction on 2nd
floor. Plaintiff filed suit for possession of first floor, declaration and injunction
against defendant and moved an application under Order XXXIX, R. 1 and 2 C.P.C.
for temporary injunction for removal of staircase constructed by defendant in front of
property without consent of plaintiff or sanction of M.C.D. It is alleged that there is
staircase in the backside, which is properly sanctioned and is in use; the plaintiff
cannot enjoy his property unless unauthorized construction is removed. Application is
opposed on the ground that no notice for demolition has been received from M.C.D.
and apprehension of plaintiff is without foundation; construction of staircase took
place long time ago; by removing it, the plaintiff may not receive any particular
benefit, but it would cause great inconvenience and hardship to defendant. Decide the
application giving reasons therefor.
Q4) N, a sub-inspector of police in U.P. was dismissed from service by an order of the
D.I.G. Police. N filed a writ petition against the order in the High Court at Allahabad
for quashing the disciplinary proceedings on ground that he was not provided a
reasonable opportunity to meet the allegations against him and action taken against
him was malafide. It was dismissed. N then filed a suit in Court of Civil Judge, Etah
in which he challenged the order of dismissal on the ground, inter alia, that he had
been appointed by the Inspector-General of Police and that the D.I.G. Police was not
competent to dismiss him by virtue of provisions of Article 311(1) of the
Constitution. Suit was decreed on second appeal by the High Court. State of U.P. filed
an appeal against the judgment and decree of the High Court. Discuss the merits of
appeal giving reasons.

PART B

Q5) On February 4, 1964, A executed a promissory note for Rs. 10,000/- in favour of
B and simultaneously gave to B a cheque dated February 25, 1964 filled in his own
hand and signed by him as drawer as conditional part payment of debt. The cheque
was presented to be cashed by bank on March 2, 1964. Period of limitation for
bringing suit is three years. B brought a suit on February 22, 1967 against A for
recovery of balance debt. A pleaded that suits was barred by limitation. B relied upon
section 19 of Limitation Act,1963. How will you decide the point of limitation? Give
reasons and also the date from which limitation period will start.
Q6) A suit between X and Y was decided against Y. Y preferred an appeal against the
said order which was late by a month. Y moved an application under Section 5 of
Limitation Act on the ground that he could not file the appeal within the stipulated
time as he and his family was admitted in the hospital during the Corona pandemic. Y
pleaded that as soon as he got discharged from the hospital, he filed an appeal against
the said order. Decide.

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LL.B.

III - SEMESTER EXAMINATIONS

TIME: 3 HOURS MAXIMUM MARKS: 100

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