LL.B. (Three Years) Sem 5 CPC Jan 2019 Question Paper - Mumbai University | munotes

Questions asked in this paper

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

1. (a) What is judgement?
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2. (b) Who is the next friend of a minor?
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3. (c) How is suit instituted?
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4. (d) When Plaintiff is absent when their suit is called out for hearing, what will the court do?
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5. (e) What is adjournment of hearing?
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6. (f) Who is the Garnishee?
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7. (g) What happens when the Defendant dies while the suit filed against him is pending?
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8. (h) What is an interpleader suit?
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9. (i) What are issues?
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10. (j) What is the effect of minority of Plaintiff on limitation?
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Q.2 Q.2: Write short notes on any four (20 Marks)

1. (a) Written Statement, Set-off & Counter-claim.
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2. (b) Effect of Acknowledgment in writing on limitation.
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3. (c) Appointment of Receiver, his powers & duties.
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4. (d) Jurisdiction & its types.
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5. (e) Foreign Judgment.
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6. (f) Attachment before judgment.
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Q.3 Q.3: Solve any two problems with reasons (12 Marks)

1. (a) Mr. AB has filed a suit against Mr. CD. The Court has fixed a date for hearing, when AB the Plaintiff, CD the Defendant and their Advocates are present in court. Mr. CD accepts and admits the suit claim, in writing, without any dispute or objection, in the Court. (i) What order will the Court pass? (ii) Can Mr. CD later Appeal against such order?
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2. (b) Mr. E has borrowed from Mr. F, Rs 1,25,000/- to be repaid with interest on due date. Mr. E makes part-payment of Rs 1,00,000/-, after the expiry of limitation period. (i) What will be the effect of such part-payment on the limitation? (ii) Will it make difference if part-payment was made before expiry of limitation?
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3. (c) Mr. G files a suit against Mr. H, for Specific Performance of an Agreement for sale of immovable property between them. While this suit is pending, Mr. H files another suit against Mr. G for Cancellation of the same Agreement. (i) Can the second suit proceed? (ii) Why?
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Q.4 Q.4: Write essay type answers on any four (48 Marks)

1. (a) Appeal, Reference, Review & Revision.
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2. (b) Creation of ownership by adverse possession under Limitation Act.
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3. (c) Abatement of Suit on death or insolvency of the parties to the suit.
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4. (d) Suits by and against the Government, Corporations and Firms.
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5. (e) Summary suits. How they differ from other suits?
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6. (f) Decree, types of decrees and execution of decree.
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