LL.B. (Five Years) Sem 9 CPC Dec 2025 60/40 Question Paper - Mumbai University | munotes

Questions asked in this paper

• N.B: All questions are compulsory. Figures to the right indicate marks. Give reasons and case laws wherever necessary.

Q.1 Answer the following in one or two sentences (any 6) 12 Marks

1. (1) Define the term "Pleadings".
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2. (2) When can the court grant an adjournment, and how many times an adjournment can be granted to a party?
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3. (3) According to the Limitation Act, 1963, who qualifies as a "Plaintiff"?
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4. (4) Who is a "Proper Party" to Suit?
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5. (5) What is a "Precept"?
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6. (6) Under which circumstances an "Ex-parte Decree" can be set aside under the Civil Procedure Code?
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7. (7) Define the terms "Prescribed Period" and "Period of Limitation" as provided in the Limitation Act.
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8. (8) What is "Caveat"?
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9. (9) What is meant by "Cause of Action"?
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10. (10) What is "Reference" under the Code of Civil Procedure?
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Q.2 Write short notes on (any 2) 12 Marks

1. (1) Interpleader suit
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2. (2) Modes of Service of Summons
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3. (3) Adverse Possession
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4. (4) Suit by and against person of unsound mind
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Q.3 Answer the following with reasons (any 2) 12 Marks

1. (1) Mr. Gupta, in 2020, conceals a document from Mr. Gala which entitles Mr. Gala to receive property by way of gift. Mr. Gala discovers the document in May 25, 2024.
   • (a) When will the period of limitation commence for Mr. Gala to file a Suit for Recovery of the property under the document?
   • (b) How does the provision regarding the discovery of fraud or concealment affect the computation of the limitation period?
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2. (2) Mr. Arun, residing in Delhi, conducts an interview with Mr. Chetan in Bangalore. The interview is subsequently published in Bangalore and Calcutta, containing defamatory statements about Mr. Chetan.
   • (a) In which cities can Mr. Chetan file a Suit against Mr. Arun?
   • (b) Justify your answer with reference to the relevant provisions of the Civil Procedure Code.
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3. (3) Mr. Vinod rents a house to Ms. Rina at a yearly rent of Rs. 12,000/-. The rent for the whole of the years 2022, 2023 and 2024 is due and unpaid. Mr. Vinod sues Ms. Rina in 2025 only for the rent due for 2024.
   • (a) Can Mr. Vinod file a fresh suit for the recovery of rent for the years 2022 and 2023 after the suit for 2024 has been decreed?
   • (b) Does the principle of Order II Rule 2 of the Code of Civil Procedure, 1908 operate as a bar against a second suit by Mr. Vinod for the earlier arrears of rent (2022 and 2023)? Explain.
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4. (4) Mrs. Jyoti files a suit against Mr. Prasanna in Mumbai on March 18, 2025. On July 20, 2025, Mr. Prasanna files a suit against Mrs. Jyoti in Bangalore based on the same facts and cause of action.
   • (a) Whether the suit filed by Mr. Prasanna in Bangalore on July 20, 2025 is maintainable when an earlier suit on the same cause of action is already pending in Mumbai?
   • (b) What conditions must be satisfied for the Doctrine of Res Subjudice to apply to this situation?
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Q.4 Answer the following in detail (any 2) 24 Marks

1. (1) Discuss the provisions relating to "Production, Impounding and Return of Documents in a Suit"?
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2. (2) Explain the doctrine "Res-Judicata".
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3. (3) Discuss the key provisions regarding "Legal Disability" under the limitation Act, 1963.
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4. (4) Discuss in detail the provisions relating to Modes of Execution of a Decree.
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