LLB 3 Years Sem 5 CPC Apr 2014 Question Paper - Mumbai University | munotes

Questions asked in this paper

1. Q1 Answer in not more than two sentences :— 20 marks
   • (a) What are the remedies available against the ex-parte decree ?
   • (b) What is a Summons for Judgement in Summary Suit ?
   • (c) What is meant by Commission ?
   • (d) What is a Letter of Request ?
   • (e) What are the consequences of death of Defendant during the pendency of the
   • (f) What is meant by Garnishee Notice ?
   • (g) Who can file suit on behalf of minor ?
   • (h) What is meant by pleadings ?
   • (i) What is a Foreign Judgement ?
   • (j) What is ?
2. Q2 Write short notes on any four Appointment of Receiver, his powers and duties 20 marks
   • (b) Stay of suit and Res Judicata
   • (c) Set-off and counter claim
   • (d) Temporary injunctions
   • (e) Amendment of pleadings
   • (f) Effect of Acknowledgment in writing on limitation
3. Q3 Solve any two with reasons :— 12 marks
   • (a) A filed a suit against B in the City Civil Court at Mumbai. B objects on the 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
   • (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 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 ? 4, Write essay type answers, any four :— 48
   • (a) Abatement of suit on death or insolvency of parties to suit
   • (b) Suits against firms and corporations
   • (c) What is writ of summons ? How is it served ?
   • (d) Appeal, Reference, Review and Revision
   • (e) What is limitation ? When can it be extended under the various provisions of the Limitation Act ?
   • (f) Commission, its purpose and procedure
   • (2) of at até wd ?
   • (2). SEA (admit) of. of. fe 4

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