O.P.
Jindal Global University
Jindal Global Law School
End-term Examination
Course Name : Code of Civil Procedure
Course Code :
Programme : LLB
Duration : 3 hours
Maximum Marks : 50 marks
This question paper has printed pages only.
Instructions to students:
This is a take-home examination.
Please do not write your name, JGU Id or any identification text inside your submission document.
Please ensure that your submission strictly adheres to JGU plagiarism/ Similarity guidelines.
Sharing of the answer scripts with each other is not permissible unless results are declared.
The submissions submitted as drafts on UMS will not be considered for evaluation. Students should
make sure the submission submitted on UMS are properly submitted.
Ensure the submissions are done in a compatible file format pdf, xls, docs etc.
Kindly adhere to the duration/timelines of the examinations. Submission outside the permitted time-
window may attract marks based penalty, grade drop or non-evaluation.
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JGLS [End-term Examination – Spring’2022] Page 1
Attempt all the following questions:
Question 1:
Based on the following hypothetical situation, please answer any 3 of the questions that follow: (10 marks*3)
On January 29th, 2017, ABC university [Chandigarh] enters a 5-year contract with Company R [Delhi] for the
maintenance of grounds, hostel, and catering. The Contract was signed by the Registrar of the University and
the Managing Director of Company R during a Conclave they were attending in Jaipur. The contract carries a
Jurisdiction clause, per which “all disputes would be referred to arbitration and/or civil court in Jaipur”.
On January 20th 2021, Company R bring a claim against the University through Arbitration in Jaipur for
recovery of compensation per the contract for the year 2018-2019.
Meanwhile ABC University files for injunction against Company R from entering into its premises and to hand
over all keys of the University premises (Suit No. 1). ABC University maintains that they haven’t paid the
Company R due to breach of contract by Company R as relating to quality checks.
The award in arbitration is passed in favour of the Company R. Subsequently, Company R sues the university in
civil court in Delhi for recovery of compensation per the contract for the years, 2018-2022 (Suit 2).
Meanwhile, Star Hospitality [Kolkata] enters a contract of maintenance of housing and catering services for
ABC University [Chandigarh] on December 30th, 2020, for them to start operation from April 1 st, 2021. On
April 7th, 2021, Company R sues ABC University [Suit 3] in Delhi for specific performance of their contract
dated January 29th, 2017, in light of the new contract with Star Hospitality.
1. Where can the suit 1 be filed? Comment on maintainability of the suit?
2. Comment on the maintainability of Suit 2. Can it be filed as a summary suit?
3. Star Hospitality files an application to be added as a party to Suit 3.
What will be the outcome of the application?
4. a) Assuming Suit 3 is decreed in Company R’s favor with an order for specific performance.
In which court will company R file for execution of the decree? (5 marks)
b) ABC University is aggrieved by this decree in Suit 3 specially since they believe that Delhi Court
had no jurisdiction in the matter. Does a revision petition lie before the High Court? Or does an
appeal lie before the High Court? Which of these two remedies is available. Explain with relevant
provisions, reasoning and case laws. (5 marks)
JGLS [End-term Examination – Spring’2022] Page 2
Question 2: Answer any 2 of the following 3 questions: (10 marks*2)
a. What are the powers of a civil court in regular first appeal against a decree or an order? Will the
nature of appellate power be different in case of a second appeal? Will there be a difference in
the mode of exercise of judicial discretion in an appeal against an injunction and an appeal
against a decree?
b. What are the pre-trial procedures? What are the objectives of pre-trial procedures? What are the
limitations of pretrial procedures?
c. Differentiate between a decree, order and judgment with examples. Also differentiate between a
preliminary decree and a final decree.
JGLS [End-term Examination – Spring’2022] Page 3
