LL.B. (Three Years) Sem 5 CPC Nov 2013 Question Paper - Mumbai University | munotes

Questions asked in this paper

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

1. (a) What is a letter of request?
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2. (b) What happens when the Plaintiff dies when his suit is pending?
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3. (c) To which proceedings does the Law of limitation apply?
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4. (d) What is the effect of part-payment on limitation?
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5. (e) What is an order?
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6. (f) What are pleadings?
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7. (g) When will court pass an ex-parte decree?
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8. (h) What is a foreign judgement?
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9. (i) What is Commission?
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10. (j) What is Stay of a suit?
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Q.2 Q.2: Write short notes on any four of the following (20 Marks)

1. (1) Framing of issues
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2. (2) Interpleader suit
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3. (3) Acquisition of right by prescription under the Limitation Act.
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4. (4) Summary Suit and Summons for Judgment
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5. (5) Properties attachable and non-attachable in execution of decree.
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6. (6) Provisions in CPC in relation to settlement of dispute outside Court
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Q.3 Q.3: Solve any two problems (answer any two with reasons) (12 Marks)

1. (a) In 2008, Mr. A conceals from Mr. B a document by which Mr. B is entitled to get gift of property. Mr. B discovers that document in the year 2011. (i) When will the period of limitation start for Mr. B to file a suit to recover the property under that document? (ii) Why?
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2. (b) Mr. C has filed a suit in Civil Court at Mumbai against Mr. D to recover loan of Rs.50,000/- and has obtained decree against Mr. D. Mr. D does not have any property in Mumbai, but he has properties in Pune, Nashik and Satara. (i) At which place can Mr. C apply for execution of his decree against Mr. D (ii) Why?
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3. (c) Mr. E files a suit against Mr. F for recovery of Rs.25,00,000/- for goods sold to him and Mr. F is served with writ of summons to file his written statement in court. Mr. F's contention is that he suffered a loss of Rs.5,00,000/- due to bad quality of some of the goods sold by Mr. E. (i) What is Mr. F's remedy to recover his loss from Mr. E?
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Q.4 Q.4: Write essay type detail answers of any four (48 Marks)

1. (a) State the provisions under the CPC relating to appointment of the Receiver and Injunctions.
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2. (b) Arrest and Attachment before Judgement
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3. (c) Jurisdiction, types of jurisdictions.
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4. (d) Suits against Government and Appeal to Supreme Court
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5. (e) Suit by a pauper or an indigent person and Suit by minor.
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6. (f) Explain effect of minority, fraud, mistake and suit against Trustees, which extend limitation under the Limitation Act.
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