JGU Id. No.

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O.P. Jindal Global University

Jindal Global Law School
Re-sit Examinations – Semester A
Course Name : Civil Procedure Code and Law of Limitation
Course Code : LW 1302
Programme : B.A., LL.B. – Year III & LL.B. – Year I
Session : 2014 – 2015
Time Allowed : 3 Hours
Maximum Marks : 100

This question paper has four (4) printed pages (including this page).

Instructions to students:
1. The answers are to be brief and to the point. Since it is an open book exam it is expected that the
answers shall be accompanied by the necessary sections and rules of the CPC as well as appropriate
case laws that have been done in class.
2. The students are permitted to use examples and flow-charts to explain their answers, if they so wish.
3. DO NOT write your Name and Student Id. No. anywhere on the answer book except on the space
provided.
4. DO NOT write anything on the question paper except Student Id. No. on the space provided.
5. Start each question on a new page.
6. Use of mobile phone or any electronic storage and access system is prohibited, only electronic
calculator is allowed.
7. Students undertaking the examination are requested to adhere to the University norms related to
examinations.

__________________________________________________________________________________________
This is an Open Book examination. The students can bring (a) the CPC and other relevant Acts, (b) their hand
written notes, (c) case laws but are not permitted to bring (i) any book or excerpts thereof, (ii) computers and
mobile phones and any material contained therein.

Warning: Plagiarism in any form is prohibited. Anyone found using unfair means will be penalized
severely.
JGLS [Re-sit Examination of Semester A, December’2015] Page 1
1. Red is an American Company with a branch office in India. Red 1 is a subsidiary based in Dubai. Red 1 enters
into agreement in 2005 with Blue (Indian company) for the sale of engineered goods from India India.(Red1
importer and Blue exporter). The agreement stipulates that all disputes shall be resolved by adjudication in
English courts under English law. The contract had a clause that provided for liquidated damages worth 10,000
USD per day of delay in shipment and interest at the rate of 35% per annum if the contractual payments are
not made within a week when they fall due.

However Dubai enacted a law in 2010 stipulating that the substantive law for, all contracts for import of
commodities in Dubai will be the Sharia. It is to be noted that Sharia does not allow for the levying of interest
in any form, but does allow liquidated damages.

In 2012 dispute arose between the parties when a dock worker’s strike in Mumbai delayed the shipment by a
week. Blue contends that it was a force majeure.Red1 terminated the contract and demanded liquidated
damages they also with-held payment on goods supplied.

In June 2013 Red1 approached the court in Dubai for damages including liquidated damages. The case is
pending. Blue did not appear before the Dubai court but approached the Mumbai High Court seeking payment
of the goods supplied with contractual rate of interest. It also sought an anti-suit injunction.

A. Will the Mumbai High Court exercise jurisdiction and award damages?
B. Will the situation be different if Red1 commences court proceedings in England?
C. If the Indian court accepts jurisdiction will it give interest? How much?
D. Consider that Red1 does not have an office in India. But Red has an office. How can Red1 be served?
E. Suppose the Indian court accepts jurisdiction and makes a decree will that decree be enforceable in Dubai
(procedural laws of Dubai same as CPC)?
(20 Marks)

2. Red purchased a house from Blue in January 2009.He alleges that the construction is of inferior workmanship.
He approached the Civil Court but Blue resisted the application by pointing out to s.11 of the West Bengal
State Consumer Protection Act 1987 that reads:-

“An appeal shall lie from the order to the State Commission to the National Consumer Commission.The orders
of the National Consumer Commission shall be not be called in appeal in any court established under the
Code (CPC).”

A. Will the Civil court entertain the action? Will that be different if s.11 read just ““An appeal shall lie from
the order to the State Commission to the National Consumer Commission.”
B. If the Civil court decides against exercising jurisdiction what will be its next course of action?

Now consider that the matter has been allowed to proceed in Civil court.

JGLS [Re-sit Examination of Semester A, December’2015] Page 2

 Blue files an application for set-off in a related transaction where Red acted as the trustee of a Public
Charity , that owes Blue monies for the development of a public park in that area.Is that maintainable?
C. After the issues are settled Red finds that that the house has back taxes levied on it.Can he amend the suit
accordingly?
D. The suit culminates in a decree in favour of Red.However the final interest awarded is different from what
was given in judgment .So what are Red’s remedies?
E. Blue does not have any property or presence in the district, but it has property in neighbouring district
.How shall the decree be executed?
(20 Marks)

3. Red and Blue are both sugarcane farmers with adjacent plots of land A (east of B) and B. On north of both
the plots lie the lands of Violet. On south of both the plots lie the plot of Green. On west of Blue’s plot lie a
pond and on east of Red’s plot a small access road.

(a) Blue have had a history of litigation against Violet regarding (a) demarcation of the boundary plots (b)
easementary rights to access the main village road north of Violet’s through Violet’s plot .The litigation
CS(OS) 120/1992 (suit 1) is currently pending but an interim order dated 3.04.2005 in the said suit has
set an interim boundary between Violet’s and Blue’s land. Though Red claims a similar easementary right
over Violet’s land he was not part of suit 1.
(b) In 2006 Violet and green’s land was acquisitioned by the State of Haryana for the construction of a thermal
power plant.
(c) In 2014 January the thermal power plant became operational. By the end of the year two problems arose
namely (a) the Thermal power plant (NTPC) started storing flyash in Violet’s land which started flying
into both Red and Blue’s land, (b) it started putting a boundary wall. The boundary wall followed the
boundary of the land claimed by Violet and not the one marked in terms of the interim order dated
3.04.2005 .NTPC also restricted Blue’s access to the village main road.
(d) Advise Red and Blue on the appropriate course of action.
(e) What are the remedies that Red and Blue seek?
(f) Suppose Yellow is an aggrieved farmer whose land is not adjacent but who is also concerned with the fly-
ash flying into his property.What course of action is open to him?
(20 Marks)

4. Red, Red 1 and Red2 runs a partnership firm Red Bros which deals in residential property. Red 1 sold a piece
and parcel of land XYZ in Sonepat Haryana, to Ms. Blue. The contract was concluded in Mumbai where Red
Bros have property. Subsequently a dispute arose over the terms of contract and Red Bros refused to transfer
the property in name of Ms. Blue.

In that action she sought an injunction against any alienation of that land. However Red Bros raised an
objection that the land is being acquired and there is an order against alienation of the land by the State
Government. The State Government is a pro forma respondent in Blue v Red Bros suit.

JGLS [Re-sit Examination of Semester A, December’2015] Page 3

 (a) Will the court grant the injunction?

Suppose the suit is decreed in her favour with an order for specific performance. She filed an execution
application before the Mumbai court. Red Bros have filed an appeal against the order inter-alia challenging
the jurisdiction of the Mumbai court.

(b) What might be the outcome of the appeal?

While the execution proceedings are pending the land acquisition proceedings are completed and the title
passes away to the state. The appeal is dismissed. However during the same period Red 1 dies and Red 2 goes
bankrupt and the partnership was wound up. Red is suing the Red1’s estate for accounts.

(c) What are the duties of the execution court?

(20 Marks)

5. Distinguish with illustrations and case laws where necessary (5 X 4 = 20 Marks)

(a) decree order and judgment, (b) appeal, review , revision; (c) temporary and permanent injunction ; (d )
receiver and attachment (e) proper party and necessary parties;

JGLS [Re-sit Examination of Semester A, December’2015] Page 4