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.

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

1. Q1 In which court can the suit to recover immovable property be filed?
2. Q2 What is effect of filing of Caveat?
3. Q3 To what extent are the legal representatives of a deceased defendant liable in execution of decree passed against the deceased defendant?
4. Q4 What is a Letter of Request?
5. Q5 What is an ex-parte decree?
6. Q6 What is the effect of part-payment on limitation?
7. Q7 Can the defendant in a Summary Suit file his Written Statement, like regular suit?
8. Q8 What is execution of decree?
9. Q9 What is limitation for execution of Decree?
10. Q10 What is meant by Pleadings?

SECTION II - Q.2: Write short notes on any four (20 Marks)

1. Q11 Interpleader Suits.
2. Q12 Third party procedure.
3. Q13 Settlement of disputes outside Court under section 89 of CPC.
4. Q14 Attachable and non-attachable properties in execution of decree.
5. Q15 Acquisition of right by prescription under Limitation Act.
6. Q16 Suit by or against insolvent person.

SECTION III - Q.3: Solve any two problems with reasons (12 Marks)

1. Q17 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?
2. Q18 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?
3. Q19 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?

SECTION IV - Q.4: Write essay type answers on any four (48 Marks)

1. Q20 Jurisdiction & its Types.
2. Q21 What is Limitation? When can it be extended under the various provisions of the Limitation Act?
3. Q22 Injunctions and interlocutory orders.
4. Q23 Suit by or against Minors & Persons of Unsound Mind.
5. Q24 Commissions, their Purpose and Procedure
6. Q25 Discovery, inspection and interrogatories.

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