LL.B. (Five Years) Sem 9 CPC Jan 2019 Question Paper - Mumbai University | munotes

Questions asked in this paper

SECTION I - Q.1: Answer in one or two sentences (20 Marks)

1. Q1 What is judgement?
2. Q2 Who is the next friend of a minor?
3. Q3 How is suit instituted?
4. Q4 When Plaintiff is absent when their suit is called out for hearing, what will the court do?
5. Q5 What is adjournment of hearing?
6. Q6 Who is the Garnishee?
7. Q7 What happens when the Defendant dies while the suit filed against him is pending?
8. Q8 What is an interpleader suit?
9. Q9 What are issues?
10. Q10 What is the effect of minority of Plaintiff on limitation?

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

1. Q11 Written Statement, Set-off & Counter-claim.
2. Q12 Effect of Acknowledgment in writing on limitation.
3. Q13 Appointment of Receiver, his powers & duties.
4. Q14 Jurisdiction & its types.
5. Q15 Foreign Judgment.
6. Q16 Attachment before judgment.

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

1. Q17 Mr. AB has filed a suit against Mr. CD. The Court has fixed a date for hearing, when AB the Plaintiff, CD the Defendant and their Advocates are present in court. Mr. CD accepts and admits the suit claim, in writing, without any dispute or objection, in the Court. (i) What order will the Court pass? (ii) Can Mr. CD later Appeal against such order?
2. Q18 Mr. E has borrowed from Mr. F, Rs 1,25,000/- to be repaid with interest on due date. Mr. E makes part-payment of Rs 1,00,000/-, after the expiry of limitation period. (i) What will be the effect of such part-payment on the limitation? (ii) Will it make difference if part-payment was made before expiry of limitation?
3. Q19 Mr. G files a suit against Mr. H, for Specific Performance of an Agreement for sale of immovable property between them. While this suit is pending, Mr. H files another suit against Mr. G for Cancellation of the same Agreement. (i) Can the second suit proceed? (ii) Why?

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

1. Q20 Appeal, Reference, Review & Revision.
2. Q21 Creation of ownership by adverse possession under Limitation Act.
3. Q22 Abatement of Suit on death or insolvency of the parties to the suit.
4. Q23 Suits by and against the Government, Corporations and Firms.
5. Q24 Summary suits. How they differ from other suits?
6. Q25 Decree, types of decrees and execution of decree.

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