LL.B. (Three Years) Sem 5 CPC Apr 2014 Question Paper - Mumbai University | munotes

Questions asked in this paper

Q.1 Q.1: Answer in not more than two sentences (20 Marks)

1. (a) What are the remedies available against the ex-parte decree?
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2. (b) What is a Summons for Judgement in Summary Suit?
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3. (c) What is meant by Commission?
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4. (d) What is a Letter of Request?
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5. (e) What are the consequences of death of Defendant during the pendency of the suit?
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6. (f) What is meant by Garnishee Notice?
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7. (g) Who can file suit on behalf of minor?
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8. (h) What is meant by pleadings?
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9. (i) What is a Foreign Judgement?
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10. (j) What is a Reference?
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Q.2 Q.2: Write short notes on any four (20 Marks)

1. (a) Appointment of Receiver, his powers and duties.
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2. (b) Stay of suit and Res Judicata.
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3. (c) Set-off and counter claim.
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4. (d) Temporary injunctions.
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5. (e) Amendment of pleadings.
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6. (f) Effect of Acknowledgment in writing on limitation.
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Q.3 Q.3: Solve any two with reasons (12 Marks)

1. (a) A filed a suit against B in the City Civil Court at Mumbai. B objects on the ground that the court has no jurisdiction and the court agrees to the objection. (i) What is remedy available to A? (ii) Will the court fees paid by A be refunded to him.
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2. (b) D wants to file an appeal in Bombay High Court. Limitation is expiring on 26th January, 2011. Which is a Court holiday. On 27th January curfew is imposed for 7 days due to terror attack. (i) Advise D about effect of such situation on filing appeal. (ii) Will his Appeal be admitted after limitation expires in these circumstances?
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3. (c) C files a suit against D and serves write of summons. The date fixed for appearing in court is 5th April, 2011, when D is hospitalized and he cannot attend the court. So, Ex-parte decree is passed against D. What is the remedy of D, to set aside ex-parte decree?
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Q.4 Q.4: Write essay type answers, any four (48 Marks)

1. (a) Abatement of suit on death or insolvency of parties to suit.
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2. (b) Suits against firms and corporations.
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3. (c) What is writ of summons? How is it served?
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4. (d) Appeal, Reference, Review and Revision.
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5. (e) What is limitation? When can it be extended under the various provisions of the Limitation Act?
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6. (f) Commission, its purpose and procedure.
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