LLB 3 Years Sem 5 CPC Apr 2011 Question Paper - Mumbai University | munotes

Questions asked in this paper

1. Q1 (a) What is Judgement ? 20 marks
   • (b) When is a suit abated ?
   • (c) What is a letter of request ?
   • (d) Suit in respect of immovable property can be instituted in which Court ?
   • (e) How is a writ of summons served ? Who can file suit on behalf of minor ? When is a receiver appointed by Court ?
   • (h) What are the types of Jurisdiction ?
   • (i) When is ex-parte decree set aside ?
   • (j) Which orders are Appealable ?
2. Q2 Write short explanatory notes on four :— 20 marks
   • (a) Jurisdiction and its types Stay of suit
   • (c) Caveat
   • (d) Certificate of appeal to Supreme Court
   • (e) Appeals against orders and decrees
   • (f) Foreign Judgement
3. Q3 Answer A obtains a decree against B from Mumbai Court. B does not have any property in Mumbai, but in Pune, he has movable and immovable properties. is the remedy of A to execute the decree ? 42 marks
   • (b) C files a suit against D and serves writ on summons. The date fixed for appearing in Court is 5th Aprii, 2011. When D is hospitalised. D cannot attend Court. Ex-parte decree is passed against D. What is the remedy of D, to set a side exparte decree ?
   • (c) E is minor when his uncle F takes illegai possession of E’s property E’s mother wants to recover property from F. What is the remedy of E’s mother ? When will the limitation start 7
4. Q4 Write essay type answers on any four 43 marks
   • (a) Res-judicate
   • (c) Commissions
   • (d) What is limitation ? How is it extended ?
   • (e) Writ of summons, its service
   • (f) Interpleader suits

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