LL.B. (Five Years) Sem 9 CPC 2021-22 Question Paper - Mumbai University | munotes

Questions asked in this paper

MCQ Multiple choice questions

1. 1 When a Plaint does not disclose a cause of action? a) it may be rejected b) it may be returned c) it may be amended d) it may be reconsidered
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2. 2 Suits for compensation for wrongs to person cannot be filed in a Court: a) Where the cause of action arose b) Where the defendant resides or personally carries on business c) Where the defendant personally works for gain d) Where the Plaintiff resides
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3. 3 Objection as to the place of suing shall be taken: a) At Revisional Stage b) At Appellate stage c) Before judgment and the Decree is passed d) At or before settlement of Issues
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4. 4 Foreign Judgment under Section 2(6) of Civil Procedure Code means: a) a judgment of a foreign Court b) a judgment which can be executed in Foreign country only c) a judgment which is in respect of foreign policies of two countries d) a judgment on some foreign issue
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5. 5 Issues mean: a) contentions arising out of plaint only b) contentions arising out of written statement only
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6. 8 Principle of Res-judicata applies: a) to suits only b) to execution proceedings c) to arbitration proceedings d) to suits as well as execution proceedings
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7. 9 Under the Code of Civil Procedure, 1908, inherent powers of which courts are saved? a) Supreme Court b) High Courts c) District Courts d) All civil courts
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8. 10 When shall a Court reject an application for Review? a) when it appears that there is not sufficient cause for review b) when it appears to have been made as an afterthought c) when it appears that there is not sufficient ground for a review d) when it appears that there is not good cause for a review
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9. 11 Under the Code of Civil Procedure, 1908, a place of trial shall be deemed to be: a) an open court b) a part of execution c) a tribunal d) a procedure
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10. 12 An Appeal is considered as: a) a continuation of original proceedings b) a separate proceeding c) a collateral proceeding d) an execution proceeding
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11. 13 An involvement of which kind of question of law is necessary for preferring a Second Appeal? a) direct and substantial b) direct or substantial c) substantial d) specific
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12. 14 What is the duration of validity of a Caveat? a) 30 days b) 60 days c) 90 days d) 120 days
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13. 15 Who is empowered to declare what shall be the language of Courts subordinate to a High court? a) Central Government b) State Government c) Attorney General of India d) Advocate General of the State
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14. 16 Which one of the following statements is correct? a) Second Appeals shall not lie against appellate decrees passed ex parte b) A Second Appeal may lie from an appellate decree passed ex parte c) Second Appeals do not lie before the High Courts d) Second Appeals may lie on grounds of questions of fact or of law
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15. 17 Against which one kind of adjudication in a civil proceeding of a High Court does an appeal not lie to the Supreme Court under the Code of Civil Procedure, 1908? a) Interim Order b) Final Order c) Judgement d) Decree
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16. 18 Which of the following provision is aimed at empowering High Courts to correct failure, excess or abuse of jurisdiction by subordinate courts? a) Appeal b) Reference c) Review d) Revision
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17. 19 How can the provision of reference be invoked by a Court? a) Only on an application made by any of the parties b) Only on its own motion c) Either on an application made by any of the parties or on its own motion d) Reference can be invoked by High court by calling for the records of the subordinate Court
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18. 20 Under Section 25 of Limitation Act, the Easement rights are acquired by continuous and uninterrupted user: a) for 1 year b) for 20 years c) for 30 years d) for 3 years
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DTQ Descriptive type questions

1. 1 Mr. A, the owner of a plot of land has constructed a guest house in his compound at Bandra (West), Mumbai. The neighbour of Mr. A, Mr. B immediately complained to Municipal Authorities that his right to have the air and light is infringed due to construction of said guest house. Municipal Authorities ignored complaint made by Mr. B since Mrs. A is local Councilor of Bandra (West), Mumbai.
   • (a) If you are appointed as an Advocate of Mr. B, which Court you will approach to get relief for Mr. B? Why?
   • (b) What reliefs you will seek against Mr. A and against Municipal Authorities?
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2. 2 Give four essentials of a suit and discuss in short any two of them.
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3. 3 Quote difference between proper party and necessary party and its effect on the suit.
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4. 4 What do you mean by mesne profit and how you quantify it?
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5. 5 Give difference between non-joinder and misjoinder of parties to the suit.
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6. 6 What is an Affidavit? State its importance in functioning of the Court.
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7. 7 While preparing Written Statement on behalf of Defendant, what precautions are required to be taken?
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8. 8 Briefly explain the provision for 'Enlargement of Time' under the Code of Civil Procedure, 1908.
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9. 9 Explain the provision relating to 'Caveat' under the Code of Civil Procedure, 1908.
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10. 10 Limitation bars the remedy but does not destroy the right. Discuss and state the exceptions if any.
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