Class Roll No.
Mid Term Examination, September 2017
B.A.LL.B. (HONS.)
SEMESTER IX
Civil Procedure Code
Max. Marks: 20 Max. Time: 1:30 Hrs.
Note: Answer any TWO questions out of three.
The number of marks carried by a question/ part is indicated against it.
1. (a)Explain the principle of Res Judicata as provided under the Code of Civil Procedure, 1908 and
law regarding its applicability in execution proceedings.
When Foreign Judgment shall be conclusive and what shall be the presumption of the Indian
Court upon production of certified copy of the Foreign Judgment? (Marks
2. What is difference between Set off and Counter claim?
Ram Dies intestate and having in debt to his friend Bipin. Shyam takes out administration to
Ram's Effect and subsequently Bipin buys part of the effects from Shyam. Shyam files a civil suit
for the purchase money, against Bipin. Now Bipin wants to set off his debt against the price,
whether set off will be allowed?
Give reasons in support of your decision in the light of relevant provisions and case law, if any, on
this point. (Marks
3. Explain the following:-
a. Difference between Decree and Order
b. Constructive Res Judicata
c. Mesne Profits
d. Suit of civil nature (Marks 2.5×4=10)