LL.B. (Three Years) Sem 5 CPC Dec 2023 Question Paper - Mumbai University | munotes

Questions asked in this paper

Q.1 Q.1: Answer in one or two sentences (any 6) (12 Marks)

1. (1) What is meant by cause of action?
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2. (2) Mention any two duties of Court Receivers.
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3. (3) What is the purpose behind enactment of the Limitation Act, 1963?
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4. (4) What is meant by mesne profits?
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5. (5) What is meant by compensatory costs?
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6. (6) What is meant by 'Court which passed a decree'?
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7. (7) What is meant by interpleader suit?
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8. (8) What is meant by 'Stay of Suit'?
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9. (9) Define 'Prescribed Period'.
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10. (10) What is meant by a necessary party?
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Q.2 Q.2: Write short notes (any 2) (12 Marks)

1. (1) Exclusion of time of proceeding bona fide in court without jurisdiction
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2. (2) Attachment before Judgment
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3. (3) Temporary Injunctions
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4. (4) Commissions
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Q.3 Q.3: Solve the following situation-based problems (any 2) (12 Marks)

1. (1) Aakash is aggrieved by the decree of a court. He desires that the same court reexamines the judgement. (a) What is the re-examination of a judgement by the same court known as? Cite the applicable legal provisions (b) Explain the legal requirements that need to apply in a matter for seeking such a re-examination.
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2. (2) Sujal, a minor wish to sue Dinesh, an adult pertaining to a dispute relating to a certain immovable property. (a) Who shall institute the suit on behalf of Sujal? Explain the relevant legal provision. (b) Sujal attains majority during the pendency of the suit. Advise Sujal in light of the relevant legal provisions.
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3. (3) Avinash and Yash are independent businessmen having their offices in India as well as Portugal. With regard to a dispute relating to a business transaction between them, Avinash claims to have a judgment in his favor, pronounced by a court in Portugal. (a) In India, what will such court and judgment be referred to as? Cite the relevant legal provisions. (b) Mention any 3 grounds on which Yash can attack the judgment of the Portuguese court in India. Cite the relevant legal provision.
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4. (4) Jagdish claims title to an easement over a certain 'right of way' over the land of his neighbour, Rajesh. (a) What must Jagdish prove in the court of law to succeed in such a suit in regard to the 'right of way'? Cite the relevant legal provision (b) To what extent does the legal position change where such 'right of way' is over land belonging to the Government?
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Q.4 Q.4: Write essay type answers (any 2) (24 Marks)

1. (1) Explain in detail the concept of decree, kinds of decrees as well as contents of a decree. Differentiate between decrees and orders.
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2. (2) Explain fully the key provisions relating to First Appeals under the Code of Civil Procedure, 1908.
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3. (3) Discuss the key provisions regarding 'Legal Disability' under the Limitation Act, 1963.
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4. (4) Examine the provisions regarding 'Suits by Indigent Persons'.
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