LL.B. (Three Years) Sem 5 CPC Apr 2016 Question Paper - Mumbai University | munotes

Questions asked in this paper

• N.B: (1) All questions are compulsory. (2) Figures to the right indicate full marks.

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

1. (a) In which court can the suit to recover immovable property be filed?
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2. (b) What is effect of filing of Caveat?
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3. (c) To what extent are the legal representatives of a deceased defendant liable in execution of decree passed against the deceased defendant?
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4. (d) What is a Letter of Request?
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5. (e) What is an ex-parte decree?
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6. (f) What is the effect of part-payment on limitation?
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7. (g) Can the defendant in a Summary Suit file his Written Statement, like regular suit?
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8. (h) What is execution of decree?
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9. (i) What is limitation for execution of Decree?
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10. (j) What is meant by Pleadings?
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Q.2 Q.2: Write short notes on any four (20 Marks)

1. (a) Interpleader Suits.
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2. (b) Third party procedure.
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3. (c) Settlement of disputes outside Court under section 89 of CPC.
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4. (d) Attachable and non-attachable properties in execution of decree.
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5. (e) Acquisition of right by prescription under Limitation Act.
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6. (f) Suit by or against insolvent person.
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Q.3 Q.3: Solve any two problems 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 2012, after the limitation period. (i) Can Mr. B still file a suit to recover the property under that document? (ii) Why?
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2. (b) 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 and as a result he wants to claim loss and damage from E. (i) Does Mr. F have to file separate suit to recover his loss from Mr. E? (ii) Why?
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3. (c) A and B, both reside in Mumbai, in the same building. A has made an Agreement with B to sell his bunglow at Pune, on B making payment of price of Rs.25,00,000/- by Demand Draft. B has kept the Demand Draft of Rs.25,00,000/- ready and shown it to A, but A refuses to complete sale of bunglow as per Agreement. (i) In which place can B file a suit against A to enforce Agreement for sale of the bunglow? (ii) Why?
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Q.4 Q.4: Write essay type answers on any four (48 Marks)

1. (a) Jurisdiction & its Types.
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2. (b) What is Limitation? When can it be extended under the various provisions of the Limitation Act?
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3. (c) Injunctions and interlocutory orders.
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4. (d) Suit by or against Minors & Persons of Unsound Mind.
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5. (e) Commissions, their Purpose and Procedure
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6. (f) Discovery, inspection and interrogatories.
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