Total Pages-3 C/18/3 Yr.(N)/LL.B./4t Seme./4.

3
11
\

NEW

2018

3 Year LL.B.

4TH SEMESTER EXAMINATION

CIVIL PROCEDURE CODE-II & LIMITATION

PAPER-4.3

Full Marks : 80

Ti.me : 3 Hours

The figures in the right-hand margi.n indicate full marks.

~did.ates are required to give their answers in their

' ,

own words as far as practicable.

Rlustrate the answers wherever necessary.

Answer any five questions.

~ (a} In what manner can a court enforce execution of

/ ,. decrees ?

(Tum Over)
 2

(b) When (except on ~ound of illness) can a person

I ,

detained
•
in the Civi)t Prison in execution
.
of a decree
be released from su¢h detention before the expiration
I

of the Period of detention ?

{c) Explain different ~lasses of persons cannot be

_____.;;:::i,- arrested or detainet · in Civil prison ? 5+5+6 1·~

2. Unde~ wh~~ Circumsta es and on what grounds will the

High Court be in exercising its revisional
powers? 16

/ (a) Define restitution.

(b) What are the esse tial conditions ·for restitution?

(c) Who may apply for restitution? And against whom

restitution can be anted? 4+6+6

¥, (a) Write a note on tht inherent power of Civil Court.

_r-, I 10

(b) What do you undel stand by the term 'Caveat'? ;!6 )

(a) Define appeal. - 1

I
(b) What are the basic / elements of appeal?

(c) Distinguish betweeii first and second appeltl.

4+6+6

C/ 18/ 3 Yr.(N) / LL.B./4 th Seme./ 4.3 (Continued)

6. Discuss the effect of acknowledgment of liability in writing
' I

and effect of acknowledgment or payment by another

~rson on the Period of Limitation under the Limitation .
Act, 1963. 16

fl· ·(a) X borrowed a sum of money from Y. The last date for
filling the suit fell on ·sun day . On Monday, the next ·day
X gives a written acknowledgments to Y. Advise Y whether
he should file the suit immediately or he can do so after
som~time give reasons?

(b) P owns the surface of a field, Q owns the subsoil. On

1-1-1983 Q digs coal without causing immediate injury
to the surface, bu~ at last on 1-1-1984 the surface
subsidies. From which date does the Period of limitation
ip ~e case of. a suit by P against Q run? Why? Discuss.
.

• Write short notes on any two of the following : 2X8

\~ e v i e w ;

/ l
~ .

Transfer of Cases ;
.

.(c) Appeals from Orders;

Object of the Law of Limitation,-

~ .

(Tum Over)
4tb seme./4.3
C/ 18/3 Yr.(N)/LL. B· /
Total Pages-3 C/ 17 /3 Yr.(N)/LL.B,/4'" Se111e./4.3

NEW

2017

3 Year LL.B.

4TB SEMESTER EXAMINATION

CIVIL PROCEDURE CODE-II & LIMITATION

PAPER-4.3

Full Marks : BO

Time : 3 Hours

The figures in the right-hand margin indicate full marks.

Candidates are required to give their answers in their

own words as far as practicable.

Rlustrate the answers wherever necessary.

Answer any five questions.

1. (a) Briefly narrate the Provision relating to arrest and

detention in Civil Prison in execution of decree .

(b) What are the Properties which are not liable to be

attached and sold in execution of decree ? 10+6

(Tum Over)
 2

2. (a) On what ground does a second appeal lie to the High ,

Court? Can the High Court determine an issue of.fact
in a second appeal. 16

3. Under what circumstances and on what ground will the

High Court be justified in exercising its revision~
powers? 16

4. (a) Explain and il~ustrate the Principle of restitution. Is ·

an order granting restitution appealable ?

(b) Who may apply for restitution? Against whom

restitution can be granted? 10+6

5. Write a note on the inherent Power of Civil Court should

inherent Powers be restored to in every circumstarj.-ces.
16

6. Which Court have power to transfer suits and under what

circumstances such power of transfer can be exercised "r )

}6
7. What 1s the · effect of death, fraud, mistake,
acknowledgment in writing and substitution or addition
of new Plaintiffs or defendcnts in counting the period of
limitation, under Limitation Act 1963.

C/ 17 /3 Yr.(N)/LL.B ./4 th Seme./4 .3

(Continued)
 3

8. Write short notes on any two of the following :

2X8

(a) Review;

(b) Reference;

D (c) Cavea~.;

(d) Procedure for Execution of Decrees.

C/ 17 /3 Yr.(N)/LL.J3./41b Seme./4.3 (Tum Over)