LLB 3 Years Sem 5 CPC Dec 2017 Question Paper - Mumbai University | munotes

Questions asked in this paper

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1. Q1 Answer in one or two sentences. 20 marks
   • a) Who is a Next friend of Minor?
   • b) Who is a ‘Indigent Person’ under the Procedure Code? What is Preliminary Decree?
   • d) What is meant by ‘Inherent Powers of the court’?
   • e) When foreign judgment not conclusive
   • f) How summons are served, where defendant resides in another states
   • h) What do you mean by ‘Abatement of suit’?
   • i) When cost are levied on to Parties litigation in a Suit
   • j) What is Review?
2. Q2 Write short explanatory notes On any four 20 marks
   • a) Foreign Judgment
   • b) Interim Order and Stay
   • c) Second Appeal
   • d) Counter claim
   • e) Interpleader Suit
   • f) Adverse Answer any two with reasons. 12
   • a) A filed a suit against B for declaration that the religious rites Performed by B during the Village Puja of the deity were not Proper. B contends that he has been performing the village puja as per the Hindu religious rites,
   • i) Is the suit maintainable by a civil Court? Decide
   • ii) Whether the right to Worship ina temple is a civil right and is the suit is of civil nature or not?
   • b) Arnab’s suit is fixed for hearing on 1% December 2016. He met with an accident and is seriously injured and was admitted to hospital on 30% November 2016 a day before his hearing. He is unable to inform his Advocate and hence Ex-parte Decree is Passed by the court against Arnab on
   • i) What is the remedy available to Arnab, on recovering from hospital?
   • ii) What proof he should provide before the court?
   • c) Decree passed against an adult person who had been sued as a minor, in ignorance that he had
   • i) What should the plaintiff do on learning the truth?
   • ii) Can the defendant refuse to honour the decree on the ground that the Original Plaint describes
   • Q.P. Code :08251 Write essay type detail answer of any four 48
   • a) Give a brief account of different kinds of jurisdictions under the CPC
   • b) Appeals to High courts & the Supreme Court?
   • c) Define the Summons. What are the different modes for serving summons under CPC?
   • d) Discuss the law relating to suit by or against the government? Is there any exemption from arrest and
   • e) Define Explain the grounds to grant temporary injunction?
   • f) Elucidate the general principle of limitation under the Limitation Act, 1963?
   • Q.P. Code :08251 Please check whether you have got the right question paper
   • H) (Next friend of Minor)
3. Q5 (inherent Powers of the court)
   • a) debtor)
4. Q8 (Abatement of suit)
5. Q3 (Counter claim)
6. Q8 (Interpleader Suit)
   • Q.P. Code :08251

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