BLS LLB 5 Years Sem 9 CPC 2018-19 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?
   Read the model answer
2. (b) Who is an 'Indigent Person' under the Civil Procedure Code?
   Read the model answer
3. (c) What is Preliminary Decree?
   Read the model answer
4. (d) What is meant by 'Inherent Powers of the court'?
   Read the model answer
5. (e) When foreign judgment not conclusive.
   Read the model answer
6. (f) How summons are served, where defendant resides in another states.
   Read the model answer
7. (g) Who is a Judgment debtor?
   Read the model answer
8. (h) What do you mean by 'Abatement of suit'?
   Read the model answer
9. (i) When cost are levied on to parties litigation in a suit.
   Read the model answer
10. (j) What is Review?
    Read the model answer

Q.2 Write short explanatory notes on (any four) 20 Marks

1. (a) Foreign Judgment
   Read the model answer
2. (b) Interim Order and Stay
   Read the model answer
3. (c) Second Appeal
   Read the model answer
4. (d) Counter claim
   Read the model answer
5. (e) Interpleader Suit
   Read the model answer
6. (f) Adverse possession
   Read the model answer

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?
   Read the model answer
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?
   Read the model answer
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?
   Read the model answer

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

Read from the scan above, so a character or two may differ. The scan is the original.