LL.B. (Three Years) Sem 5 CPC Jun 2024 60/40 Question Paper - Mumbai University | munotes

Questions asked in this paper

• N.B: 1. All questions are compulsory. 2. Figures to the right indicate maximum marks. 3. Cite case laws wherever necessary.

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

1. (1) Define Decree Holder.
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2. (2) Mention any two purposes for which Commissions may be appointed by courts
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3. (3) By which courts may decrees and orders be executed?
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4. (4) When may a plaint be returned by a court?
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5. (5) What is meant by 'prescription'?
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6. (6) Who is a garnishee?
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7. (7) Mention any two modes of service of summons.
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8. (8) What is meant by issues and who frames them?
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9. (9) What is the object of the Limitation Act, 1963?
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10. (10) What is meant by 'precepts'?
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Q.2 Q.2: Write short notes (any 2) (12 Marks)

1. (1) Temporary Injunctions
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2. (2) Effect of fraud or mistake on period of limitation
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3. (3) Differentiation between Misjoinder and Non-Joinder
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4. (4) Arrest before Judgment
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Q.3 Q.3: Solve the following situation-based problems (any 2) (12 Marks)

1. (1) Raj resides at Nashik, Rishi at Pune and Ravi at Nagpur. While all three were together at Mumbai, Rishi and Ravi made a joint promissory note payable on demand and deliver it to Raj. (a) With regard to a dispute arising out of the said transaction, where can Raj file a suit against Rishi and Ravi? Explain the relevant legal provision. (b) Raj files the suit at Nagpur to which Rishi objects. How does the Code of Civil Procedure, 1908 address such a situation? Cite the relevant legal provision.
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2. (2) Keshav wishes to appeal against the decree passed against him in appeal by City Civil Court, Mumbai. (a) To which court shall the second appeal lie? Cite the relevant legal provision. (b) What is the essential condition for preferring a second appeal? Cite the relevant legal provision.
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3. (3) On the day fixed in summons for the defendant to appear and answer, Ajay, the plaintiff and Suman his advocate appear but neither Sujay, the defendant, nor any advocate appear before the Court. (a) If it is proved that the summons was duly served, what order may be made by the court? (b) What shall the court do if it is proved that the summons was served but not in due time?
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4. (4) Devendra is aggrieved by a decree pronounced against him and wishes to prefer an appeal against the same. However, he is delayed by a week in preferring the appeal. (a) On what grounds may Devendra be permitted to prefer the appeal? Cite the relevant legal provision. (b) Whether the duration required for obtaining the certified copy of the decree shall be considered in computation of time period? Cite the relevant legal provision.
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Q.4 Q.4: Write essay type answers (any 2) (24 Marks)

1. (1) Explain the scope and ambit of the expression 'suits of civil nature' enshrined in Section 9 of the Code of Civil Procedure, 1908 with the aid of landmark judicial precedents.
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2. (2) Explain in detail: Res Judicata.
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3. (3) Discuss in detail the provisions regarding 'Suits by or against minors or persons of unsound mind'.
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4. (4) Fully examine: 'Acquisition of Ownership by Possession'.
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Read from the scan above, so a character or two may differ. The scan is the original.