LL.B. (Three Years) Sem 5 CPC Jun 2018 Question Paper - Mumbai University | munotes

Questions asked in this paper

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

1. (a) Limitation Act applies to which proceedings.
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2. (b) What are issues?
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3. (c) When is ex-parte decree passed by court.
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4. (d) What are the pre-requisites for filling a suit against Government?
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5. (e) What is a letter of request?
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6. (f) What is the definition of a judge?
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7. (g) What is the effect of part-payment on limitation?
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8. (h) What is a foreign judgment?
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9. (i) In which court can the suit on an immovable property be filed?
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10. (j) What is revision?
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Q.2 Q.2: Write short explanatory notes on any four (20 Marks)

1. (a) Provisions of recognized agents and Pleaders.
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2. (b) Plaint and written statement
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3. (c) Attachment before judgment
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4. (d) Appeal to supreme court
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5. (e) Stay of suit and Res-judicata.
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6. (f) Interpleader suit.
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Q.3 Q.3: Answer any two with reasons (12 Marks)

1. (a) M is minor his uncle takes illegal possession of his property. M's mother wants to file suit on behalf of minor. (i) Can she do it? How? (ii) What is the effect of limitation on such suit?
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2. (b) A files a suit against B for recovery of Rs. 50,00,000/- and serves him the writ of summons, which fixes the date 19th October 2012. B has to recover from A Rs. 25,00,000/-. (i) As B's advocate what procedure will you advise? (ii) In which court can B recover his claim against A?
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3. (c) D obtains decree against E from Mumbai court. But E does not have any property in Mumbai, although he has property in Pune. (i) What is the remedy of D to execute the decree in such case? (ii) If E also has property in Nashik, will it make difference?
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Q.4 Q.4: Write essay type detail answers of any four (48 Marks)

1. (a) Suit by or against minors and persons of unsound mind.
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2. (b) Decree, its types and execution of decree.
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3. (c) What is limitation? What is the effect of fraud, part-payment and under limitation Act.
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4. (d) Injunction and interlocutory orders.
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5. (e) Reference, review and Revision.
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6. (f) Issue and service of writ of summons.
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