Q:1 A trial court judge refuses cross examination of a witness on the ground

that such cross examination would be a futility. Analyse whether a decree

passed can be open to challenge before an executing court u/s 47 of the code of
Civil Procedure?
Q:2 A decree was passed by a trial court. The plaintiff proved his case through
one witness. The defendant sought to rebuttal case of the plaintiff by presenting
evidence through 10 witnesses. The Trial Court passed a decree in favour of the
plaintiff. During the executing proceeding, the judgement debtor brought to the
attention of the executive court the fact that he has presented quality evidence
but the trial judge erroneously misread the entire evidence. Analyse whether u/s
47, the executing court can call for the records of the entire case and come to
conclusion whether or not the trial court rightly arrived at its finding.
Q:3 What is the process of bringing the errant judgement debtor to books in
case he fails to satisfy key mandate of a decree. Do you agree that the law
provides an effective mechanism to get the decree satisfied in favour of the
decree holder?
Q:4 A. Analyse the intent and the need for exempting certain property from
attachment in enactment of a decree.
B. Discuss whether the following properties can be attached in execution of a
decree.
1. A new stitched sherwani kept in an old box for future use of the judgement
debtor.
2. An electric cooking oven utilized by the wife of the judgement debtor for
making confectionary.
3. A gold cross worn by a priest who happens to be a judgement debtor.
4. Sewing machines of a draper.
5. The gold nib of a parker pen belonging to a professor.
Q:5 A plaintiff claims that if he had property in wrongful profession been with
him, he would have set-up a steel plant, making serious profits. Analyse
whether the plaintiffs interpretation of the recovery of the mesne profits is
justified in view of the provisions of Sec. 2 (12) of the CPC.
Q:6 A plaintiff filed a suit claiming possession of a property along with mesne
profits. The court decreed the suit providing the possession to the plaintiff but

the decree was silent on the aspect of mesne profit which was also prayed in the
previous suit but on which the decree was completely silent.
Q:7 A person filed a suit or possess and recovery of an immovable property.
The suit was decreed in favour of the plaintiff. Subsequently another suit was
filed by the said person claiming mesne profit on the ground that the defendant
was in wrongful possession of the property and this fact has has also been
upheld by artificial adjudication. Analyse whether the subsequent suit is
maintained in the eyes of the law.
Q:8 A British citizen visited India and married a young rustic lad from Punjab.
Marriage took place in Amritsar,, according to the Sikh rites. Subsequently the
couple migrated to England the women was a scientist but unfortunately the
husband was having a graduation degree in Arts. A child was born out of the
said wedlock; the marriage fell apart because of vast differences in temperament
between the parties. The British court gave the custody to the wife after
observing the principles of natural justice. One day when the mother of the child
had gone to laboratory his father who afterwards suspiciously boarded a flight
to India alone with his son. While in India he filed for a suit for custody of the
child. The British bother raised a preliminary objection about the
maintainability of the litigation in India. On the grounds that there has to be a
comity of Courts and the matter has to be conclusively adjudicated by a foreign
Court. And that the Judgement of the foreign courts needs to be respected in
India. Discuss the validity of the claim of the mother.