LL.B. (Five Years) Sem 9 CPC 2025-26 ATKT 60/40 Question Paper - Mumbai University | munotes

Questions asked in this paper

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

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

1. (1) What is counterclaim?
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2. (2) What is rejection of suit?
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3. (3) What is the role of court receiver?
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4. (4) What is meant by non-joinder of party in suit?
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5. (5) When does the court issue precept?
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6. (6) What is judgement-debtor?
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7. (7) Define indigent person.
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8. (8) What is the promissory note as per the Limitation Act?
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9. (9) What is interpleader suit?
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10. (10) Explain pleading?
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Q.2 Write short notes (any 2) 12 Marks

1. (1) Disability of one of several persons
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2. (2) Garnishee order
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3. (3) Suits by Indigent persons
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4. (4) Decree & its types
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Q.3 Solve (any two) 12 Marks

1. (1) Mr. 'X' has filed a suit against Mr. 'Y'. The court has fixed the date for hearing. But Mr. 'Y', the defendant and his advocate remain absent and not filed the written statement. Mr. 'Y' had suffered heart attack but could not communicate to his advocate, so he could not tell the court about it. The court passes an exparte decree against Mr. Y.
   • (a) What is exparte decree & explain the provisions for it.
   • (b) What are the remedies available to Mr Y against exparte decree?
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2. (2) 'A' wants to file a suit in the court. Monday is the last day of limitation but the court is closed due to a public holiday.
   • (a) Does the Limitation Act 1963 address such a situation?
   • (b) Cite the relevant legal provision and specify the reason for the same.
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3. (3) Rita is aggrieved by the decree of a court. She intends to file an application for re-examination of the judgement.
   • (a) Explain the legal requirements for re-examination.
   • (b) What procedure should be followed by her before filing the re-examination application?
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4. (4) Rajesh is an unsound mind person. He intends to file a suit in the civil court to recover the money from Shyam.
   • (a) Explain the legal provisions to file the suit by Rajesh under Code of Civil Procedure.
   • (b) Which remedy is available to the person of unsound mind for filing the suit in the civil court?
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Q.4 Answer the following (any two) 24 Marks

1. (1) Elucidate computation of period of limitation as per the Limitation Act, 1963
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2. (2) Explain fully the key provisions for suits by or against minors and persons of unsound mind under the Code of Civil Procedure.
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3. (3) What is the execution of decrees and orders? What are the various modes of execution of decrees? Discuss in detail.
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4. (4) Reference, Review & Revision explain in detail under the Code of Civil Procedure.
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