LLB 3 Years Sem 5 CPC Dec 2012 Question Paper - Mumbai University | munotes

Questions asked in this paper

1. Q1 Answer in one or two sentences :— 20 marks
   • (a) Limitation Act applies to which proceedings
   • (b) What are evasive denials ?
   • (c) When is ex-parte decree passed by Court ?
   • (d) What are the pre-requisites for filing a suit against Government ?
   • (f) What is the definition of an order ?
   • (g) What is the effect of part-payment on limitation ?
   • (h) What is a Foreign Judgement ?
   • (i) Which orders are appealable ?
   • (j) Which is a receiver appointed by court ?
2. Q2 Write short explanatory notes on any four 20 marks
   • (a) Provisions of Recognised Agents and Pleaders
   • (b) Plaint and Written Statement
   • (d) Appeal to Supreme Court
   • (e) Stay of suit and Res-judicata
3. Q3 Answer any two with reasons :— 12 marks
   • (a) Mis minor when his uncle takes illegal possession of his property. M’s mother wants to file suit on behalf of minor
   • (i) doit? How ?
   • (ii) What is the effect of limitation on such suit
   • (b) A files a suit against B and serves him the writ of summons, which fixes the date 19th October 2012. B remains absent on that date as he is hospitalized and could not inform his Advocate. Court passes an ex-parte decree
   • (i) AsB’s Advocate what remedy will you advise
   • (ii) In which court can an application be made ?
   • (c) D obtains decree against E from Mumbai Court. But E does not have any property in Mumbai, although he has property in Pune
   • (i) What is the remedy of D to execute the decree in such case
   • (ii) IfE also has property in Nashik, will it make difference?
4. Q4 Write essay type detail answers of any four :— 48 marks
   • (a) Suit by or against minors and persons of unsound mind
   • (b) Execution of decree
   • (c) Acquisition of rights by prescription under Limitation Act
   • (d) Injunction and interlocutory orders
   • (e) Reference, Review and Revision
   • (f) Issue and service of Writ of Summons
   • (3) Yad GPL ?
5. Q2 ae feat :-- 20 marks
6. Q3 Sat :

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