L.L.
B/III Term, December 2020
Paper LB-302- Code of Civil Procedure and Limitation Act
Duration- 3.00 hrs Maximum marks – 100
All questions carry equal marks. Attempt any four questions.
1. N, a sub inspector of police in U.P. was dismissed from service by an order of D.I.G. of police. N
filed a writ petition in the High Court for quashing the disciplinary proceedings on the ground that he
was not provided a reasonable opportunity to meet the allegation against him and action taken
against him was malafide. It was dismissed. N then filled a suit in Court of civil judge in which he
challenges 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 authority to dismiss him by
virtue of provision of Article 311(1) of the Constitution. Discuss the merit of the case with the help of
relevant case law.(25 marks)
2. The election of A was challenged before an election tribunal. A appeared alongwith his counsel
initially but subsequently he as well as his counsel failed to appear on three consecutive dates.The
tribunal conducts the proceedings ex parte and adduces the evidence of petitioner and three of his
witnesses. A appears before the tribunal and seeks permission to particpate in the proceedings and
to set the clock back. Decide with the provision of statutory law and case law.(25 marks)
3. X and Y are partners in an unregistered partnership firm ABC & co. The firm has to recover a sum
of Rs. 1,00,000 from Z. X files a recovery suit in the name of the firm. Z raises a preliminary objection
that the suit is not maintainable as the partners are not impleaded as plaintiffs in the suit. Thereafter
X and Y move an amendment application to add their names as plaintiffs.What if the amendment
application is preferred after the commencement of trial? Discuss with the help of statutory
provisions and case law.(25 marks)
4. A institutes a suit against B for permanent injunction restraining B from demolishing the boundary
wall in front of adjoining houses of A and B. Court restrained B vide interim order in the said suit.
While B was travelling outstation, her husband C demolishes the said wall in violation of interim
injunction. What is the liability of C in acting in the violation of the said order? Discuss the relevant
provisions of law and also support your answer with case laws.(25 marks)
5. A has taken loan of Rs. 50,000 from B on 01/04/2016. On 01/04/2017, B paid to A a sum of Rs.
10,000 in cash against due receipt. On 24/03/2020, B wrote a letter to A wherein he stated that he
owed sum of Rs. 40,000 to A through courier service. On the very next day, Government of India
imposed complete lockdown due to Covid 19. B received the letter on 15/06/2020 and filed a suit on
20/06/2020. A contended that the suit is barred by limitation. Decide with relevant provision and
case law.(25 marks)
6. Mohan has taken possession of immovable property of Sohan in the year 2005. Till 2019 Mohan
was enjoying possession of immovable property peacefully and uninterpreted with clear knowledge
of denial of title to Sohan. In 2020 Sohan fied a suit for recovery of immovable property. Decide in
the light of maxim “ limitation bars the remedy, but not the right ”. Discuss and also mention the
development in law in this area, if any, has taken place?(25 marks)
