BLS LLB 5 Years Sem 9 CPC 2024-25 ATKT Set 2 60/40 Question Paper - Mumbai University | munotes

Questions asked in this paper

• N.B: All questions are compulsory. Figures to the right indicate maximum marks.

Q.1 Answer in two sentences each (any Six) 12 Marks

1. (a) What is ex-parte Decree?
   Read the model answer
2. (b) Who is 'Indigent Person' under the Civil Procedure Code?
   Read the model answer
3. (c) Define prescribed period?
   Read the model answer
4. (d) What is Preliminary Decree?
   Read the model answer
5. (e) Explain the Term Garnishee.
   Read the model answer
6. (f) What is meant by 'Abatement of Suit'?
   Read the model answer
7. (g) What is review?
   Read the model answer
8. (h) Who is Judgment Debtor?
   Read the model answer
9. (i) Define Legal Representative.
   Read the model answer
10. (j) What is the object of the Indian Limitation Act 1963?
    Read the model answer

Q.2 Write Short Notes (any Two) 12 Marks

1. (a) Interpleader Suit
   Read the model answer
2. (b) Counter Claim
   Read the model answer
3. (c) Caveat
   Read the model answer
4. (d) Counter Claim
   Read the model answer

Q.3 Answer the following situational based question (any Two) 12 Marks

1. (a) Omprakash, an agricultural tenant has been tilling the agricultural land of Harivijay since 1942 and acquired ownership on tillers day. After the death of Harivijay, his son Shyamlal has filed a suit for declaration of title and possession in which he has prayed for issue of commissions.
   • (i) Which type of commission can be used in this case?
   • (ii) Explain the relevance of commissions?
   Read the model answer
2. (b) In an Appeal proceedings, the appellant wishes to produce additional documentary evidence in the appellate court.
   • (i) Whether any party to an appeal is entitled to do so? Cite relevant legal provisions under Civil Procedure Code.
   • (ii) When can a Court allow such production?
   Read the model answer
3. (c) X has filed a suit against Y. The Court has fixed 13th November, 2024 for hearing, at the time when the matter was called out, X and his Advocate are present, but Y, the Defendant and his Advocate are absent. Written statements are not filed by Y. Y met with an accident and is seriously injured on 12th November, 2024 a day before his hearing and he is unable to inform his Advocate and hence Ex-parte Decree is passed by the court against Y on 13th November, 2024.
   • (i) What remedies does Y have against the order of ex-parte decree?
   • (ii) What order would have passed by the concerned Court when X and his Advocate were absent and Defendant and his Advocate were present in the Court?
   Read the model answer
4. (d) Decree passed against an adult person Mr. Shah who had been sued as a minor, in ignorance that he had become major.
   • (i) What should Mr. Shah do when he came to know about the truth?
   • (ii) Can the defendant challenge the decree on the ground that the plaintiff describes him wrongly in the court of law?
   Read the model answer

Q.4 Answer the following in detail (any Two) 24 Marks

1. (a) Give an overview of suits relating to mortgages of immovable property.
   Read the model answer
2. (b) Explain in detail 'Appeals from Original Decrees'.
   Read the model answer
3. (c) Define 'Injunction'. Explain the grounds to grant temporary injunction?
   Read the model answer
4. (d) Explain in detail 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.