1.

Write short notes on any four of the following: Jul12(4x4)

(i) Mesne profit Jul12(4)
(ii) Decree and order distinguished Jul12(4)
(iii) Res-judicata and estoppels distinguished Jul12(4)
(iv) Caveat Jul12(4)
(v) Counter claim and set off distinguished Jul12(4)
(vi) Misjoinder of parties Jul12(4)
2. What are the essential particulars to be contained in the plaint? In what cases plaint
can be rejected by court? Does it preclude the plaintiff from filing a fresh suit?
Jul12(8+4+4)
3. What courses are available to a decree holder in the following cases?
(a) Where the judgment debtor dies before the decree is fully satisfied.
(b) Where the legal representative of the judgment debtor, who has been brought on
record dies before the decree is fully satisfied.
(c) Where debtor dies before the decree.
(d) Where a decree is against a wrong person as legal representative.
4.
(a) what steps would you take for filing suit against a public officer or the government
and with what object.
(b) How should you exwcute a decree against a public officer of the government?
(c) Is a public officer exempted from arrest and personal appearance?
5. What are the grounds that can be taken for first time in appeal?

2014
1. The principle of res-judicata can be invoked only in respect of separate proceedings
and not in respect of subsequent stage of the same proceeding. Discuss 2014(16)
2. A files a suit and during pendency of the suit A wishes to withdraw the suit and refile
it again due to some formal defects. Is there any provision under the code of civil
procedure to withdraw the suit and refile it Discuss?
3. Define a “decree” and point out the distinction between preliminary decree and final
decree. State whether the following are preliminary decree or final decree.
(a) A sues B for cancellation of a document and a decree is passed.
(b) A suit is brought by one partner against another for dissolution of partnership. A
decree is passed. 2014(6+6+4)
4. Define plaint and discuss the various parts of a plaint. Is there any pecuniary
jurisdiction for filing a suit? 2014(16)
5. Define an appeal, review and revision and give examples of each of these.
6. Discuss the frounds for seeking a temporary injunction from civil court. What are the
consequences for disobedience or breach of injunction?
7. What is meant by issue by issues and how are they framed? When can an issue be
determined first of all? Whether an appellate court is empowered to frame the issue?
8. State the principles which are to be followed in computing the period of limitation for
filing any suit, appeal and application.
9. Explain the principles of continuous running of time? Is there any exception to the
general rule?
 2015
1. What is plaint? Give the essential particulars to be contained in the plaint. How a
plaint can be rejected by a court? Answer suitably.
2. How can you define the term ‘suit’? discuss in detail, how a suit(s) has/have been
framed. Critically answer this question.
3. Define the term ‘Res-Judicata’. How can you distinguish Res-Judicata from
Estoppel? Explain in detatil about the concept of constructive ‘Res- Judicata’. Answer
the above with the help of Apex court judgements.
4. Give a clear picture on judgment and decrees. How can you question with the help of
some recent judgments of the supreme court of India.
5. Clearly mention what steps have been taken for filing a suit against a public officer or
a government official. Also describe the object for filing it. Whether a public officer is
exempted from arrest and personal appearance?
6. What do you understand by the term ‘inherent powers of the court’? mention the
specific provision of the civil procedure code. Can civil court invoke the inherent
power to override the provisions of an enactment or to complement or supplement
the provision of CPC?
7. What are the essentials of acknowledgement to save limitation? Explain.
8.