LL.B. (Five Years) Sem 9 CPC Dec 2017 Question Paper - Mumbai University | munotes

Questions asked in this paper

• N.B: Figures to the right indicate full marks. Please check whether you have got the right question paper.

Q.1 Answer in one or two sentences 20 Marks

1. (a) Who is a Next friend of Minor?
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2. (b) Who is an 'Indigent Person' under the Civil Procedure Code?
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3. (c) What is Preliminary Decree?
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4. (d) What is meant by 'Inherent Powers of the court'?
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5. (e) When foreign judgment not conclusive.
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6. (f) How summons are served, where defendant resides in another states.
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7. (g) Who is a Judgment debtor?
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8. (h) What do you mean by 'Abatement of suit'?
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9. (i) When cost are levied on to parties litigation in a suit.
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10. (j) What is Review?
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Q.2 Write short explanatory notes on (any four) 20 Marks

1. (a) Foreign Judgment
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2. (b) Interim Order and Stay
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3. (c) Second Appeal
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4. (d) Counter claim
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5. (e) Interpleader Suit
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6. (f) Adverse possession
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Q.3 Answer with reasons (any two) 12 Marks

1. (a) A filed a suit against B for declaration that the religious rites performed by B during the Village Puja of the deity were not proper. B contends that he has been performing the village puja as per the Hindu religious rites.
   • (i) Is the suit maintainable by a civil Court? Decide.
   • (ii) Whether the right to worship in a temple is a civil right and is the suit is of civil nature or not?
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2. (b) Arnab's suit is fixed for hearing on 1st December 2016. He met with an accident and is seriously injured and was admitted to hospital on 30th November 2016 a day before his hearing. He is unable to inform his Advocate and hence Ex-parte Decree is passed by the court against Arnab on 1st December 2016.
   • (i) What is the remedy available to Arnab, on recovering from hospital?
   • (ii) What proof he should provide before the court?
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3. (c) Decree passed against an adult person who had been sued as a minor, in ignorance that he had become major.
   • (i) What should the plaintiff do on learning the truth?
   • (ii) Can the defendant refuse to honour the decree on the ground that the Original Plaint describes him wrongly?
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Q.4 Write essay type detail answer of (any four) 48 Marks

1. (a) Give a brief account of different kinds of jurisdictions under the CPC.
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2. (b) Appeals to High courts & the Supreme Court?
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3. (c) Define the Summons. What are the different modes for serving summons under CPC?
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4. (d) Discuss the law relating to suit by or against the government? Is there any exemption from arrest and personal appearance?
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5. (e) Define 'Injunction'. Explain the grounds to grant temporary injunction?
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6. (f) Elucidate the general principle of limitation under the Limitation Act, 1963?
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