The question (12 marks)
A moot problem assigned to you reads as follows. A supplier sued a purchaser for the price of goods. The purchaser appeared through an advocate on several dates, but the advocate later stopped attending without informing him; the suit was ordered to proceed ex parte and an ex parte decree followed. The purchaser says he learnt of the decree only when a notice in execution reached him, and he then applied to set the decree aside. The trial court dismissed that application for two reasons: that it was filed beyond the period prescribed, and that no sufficient cause for non-appearance was shown. The purchaser has filed an appeal against that order. (a) Frame the issues you would place in the memorial for the appellant, and justify their number and their order. (b) State the theory and the theme you would adopt, and what you would look up before drafting. (12 marks)
MU Module I, head 1.1; pack ch. 01, sections 2.3 to 2.6.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 1 · Moots: Problems, Memorials and Research of Practical Training – III: Moot Court Exercise and Internship.
Authorities you will need
- Order XIV Rule 1, Code of Civil Procedure
- Order IX Rule 13, Code of Civil Procedure
- Order XLIII Rule 1(d) read with section 104, Code of Civil Procedure
- Article 123, Limitation Act
- Section 5, Limitation Act
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.