LL.B. (Five Years) Sem 9 CPC Apr 2014 Question Paper - Mumbai University | munotes

Questions asked in this paper

SECTION I - Q.1: Answer in not more than two sentences (20 Marks)

1. Q1 What are the remedies available against the ex-parte decree?
2. Q2 What is a Summons for Judgement in Summary Suit?
3. Q3 What is meant by Commission?
4. Q4 What is a Letter of Request?
5. Q5 What are the consequences of death of Defendant during the pendency of the suit?
6. Q6 What is meant by Garnishee Notice?
7. Q7 Who can file suit on behalf of minor?
8. Q8 What is meant by pleadings?
9. Q9 What is a Foreign Judgement?
10. Q10 What is a Reference?

SECTION II - Q.2: Write short notes on any four (20 Marks)

1. Q11 Appointment of Receiver, his powers and duties.
2. Q12 Stay of suit and Res Judicata.
3. Q13 Set-off and counter claim.
4. Q14 Temporary injunctions.
5. Q15 Amendment of pleadings.
6. Q16 Effect of Acknowledgment in writing on limitation.

SECTION III - Q.3: Solve any two with reasons (12 Marks)

1. Q17 A filed a suit against B in the City Civil Court at Mumbai. B objects on the ground that the court has no jurisdiction and the court agrees to the objection. (i) What is remedy available to A? (ii) Will the court fees paid by A be refunded to him.
2. Q18 D wants to file an appeal in Bombay High Court. Limitation is expiring on 26th January, 2011. Which is a Court holiday. On 27th January curfew is imposed for 7 days due to terror attack. (i) Advise D about effect of such situation on filing appeal. (ii) Will his Appeal be admitted after limitation expires in these circumstances?
3. Q19 C files a suit against D and serves write of summons. The date fixed for appearing in court is 5th April, 2011, when D is hospitalized and he cannot attend the court. So, Ex-parte decree is passed against D. What is the remedy of D, to set aside ex-parte decree?

SECTION IV - Q.4: Write essay type answers, any four (48 Marks)

1. Q20 Abatement of suit on death or insolvency of parties to suit.
2. Q21 Suits against firms and corporations.
3. Q22 What is writ of summons? How is it served?
4. Q23 Appeal, Reference, Review and Revision.
5. Q24 What is limitation? When can it be extended under the various provisions of the Limitation Act?
6. Q25 Commission, its purpose and procedure.

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