LL.B. (Three Years) Sem 5 CPC Nov 2012 Question Paper - Mumbai University | munotes

Questions asked in this paper

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

1. Q1 Limitation Act applies to which proceedings.
2. Q2 What are evasive denials?
3. Q3 When is ex-parte decree passed by Court?
4. Q4 What are the pre-requisites for filing a suit against Government?
5. Q5 What are pleadings?
6. Q6 What is the definition of an order?
7. Q7 What is the effect of part-payment on limitation?
8. Q8 What is a Foreign Judgement?
9. Q9 Which orders are appealable?
10. Q10 Which is a receiver appointed by court?

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

1. Q11 Provisions of Recognised Agents and Pleaders.
2. Q12 Plaint and Written Statement.
3. Q13 Attachment Before Judgement.
4. Q14 Appeal to Supreme Court.
5. Q15 Stay of suit and Res-judicata.

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

1. Q16 M is minor when his uncle takes illegal possession of his property. M's mother wants to file suit on behalf of minor. (i) Can she do it? How? (ii) What is the effect of limitation on such suit.
2. Q17 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) As B's Advocate what remedy will you advise. (ii) In which court can an application be made?
3. Q18 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) If E also has property in Nashik, will it make difference?

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

1. Q19 Suit by or against minors and persons of unsound mind.
2. Q20 Execution of decree.
3. Q21 Acquisition of rights by prescription under Limitation Act.
4. Q22 Injunction and interlocutory orders.
5. Q23 Reference, Review and Revision.
6. Q24 Issue and service of Writ of Summons.

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