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

Questions asked in this paper

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

1. (a) Limitation Act applies to which proceedings.
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2. (b) What are evasive denials?
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3. (c) When is ex-parte decree passed by Court?
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4. (d) What are the pre-requisites for filing a suit against Government?
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5. (e) What are pleadings?
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6. (f) What is the definition of an order?
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7. (g) What is the effect of part-payment on limitation?
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8. (h) What is a Foreign Judgement?
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9. (i) Which orders are appealable?
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10. (j) Which is a receiver appointed by court?
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Q.2 Q.2: Write short explanatory notes on any four (20 Marks)

1. (a) Provisions of Recognised Agents and Pleaders.
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2. (b) Plaint and Written Statement.
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3. (c) Attachment Before Judgement.
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4. (d) Appeal to Supreme Court.
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5. (e) Stay of suit and Res-judicata.
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Q.3 Q.3: Answer any two with reasons (12 Marks)

1. (a) 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.
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2. (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) As B's Advocate what remedy will you advise. (ii) In which court can an application be made?
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3. (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) If E also has property in Nashik, will it make difference?
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Q.4 Q.4: Write essay type detail answers of any four (48 Marks)

1. (a) Suit by or against minors and persons of unsound mind.
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2. (b) Execution of decree.
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3. (c) Acquisition of rights by prescription under Limitation Act.
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4. (d) Injunction and interlocutory orders.
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5. (e) Reference, Review and Revision.
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6. (f) Issue and service of Writ of Summons.
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