Civil Procedure Code and Limitation Act

Written by Hanumant's Law Journal

Tuesday, 08 September 2009 01:47 - Last Updated Thursday, 10 September 2009 13:15
Civil Procedure Code

Q. 1 Explain decree and order and distinguish between them. What are the essential elements
of a decree? What are the kinds of a decree? What are the consequences of appearance or
non-appearance of parties. When can an ex parte decree against defendant be set aside.What
is an ex parte decree? Discuss the remedies available to a defendant against whom ex parte
decree has been passed. All questions regarding execution of a decree shall be determined
by the court executing the decree and not by a separate suit. Explain.
Q. 2 What are the objects and essential conditions of the doctrine of res judicata? Illustrate the
principle of constructive res judicata. Can an ex parte decree act as constructive res judicata?
Q. 3 "Every suit shall be instituted in court of lowest grade competent to try it", Explain. State
principles which guide a plaintiff in determining the place of filing a suit. Explain the provisions
of CPC which are applied in determining the forum for institution of a suite relating to
immovable property.
Q. 4 State the procedure for institution of suits by and against minors or persons of unsound
mind.
Q. 5 What do you understand by Set Off. Distinguish between Legal and Equitable set off.
Q. 6 On what grounds does a second appeal lie?
Q. 7 What do you understand by Reference? What is the difference between Review and
Revision. On what grounds does a revision lie to the high court? Illustrate with examples.
Q. 8 What do you mean by Summon? What are its essential elements? State in brief various
modes of service of summons on defendant. How Summons is served in particular cases.
Explain the rules regarding service of Summons. Can the service of Summons be treated as
sufficient if the party refuses to accept the summon?
Limitation Act

Q.1 Explain - Limitations bars remedy but does not extinguish the right.
Q. 2 Explain Legal Disability under Limitation Act, 1963. Who can get the benefit of legal
disability? How legal disability effects on the period of limitation?
Q. 3 Can a court grant extension of the period of limitation? If so, in what circumstances and in
what class of proceeding.
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Civil Procedure Code and Limitation Act
Written by Hanumant's Law Journal
Tuesday, 08 September 2009 01:47 - Last Updated Thursday, 10 September 2009 13:15
Q. 4 Discuss the effects of fraud, mistake, and Acknowledgement under Limitation Act, 1963.
State the conditions for a valid acknowlegement.
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