LL.B. (Three Years) Sem 5 CPC Nov 2024 75/25 Question Paper - Mumbai University | munotes

Questions asked in this paper

• Note: 1. Please check whether you have got the right question paper. 2. All questions are compulsory. 3. Figures to the right indicate full marks.

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

1. (a) What is Foreign Judgement?
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2. (b) What is evasive denials?
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3. (c) What Orders are appealable?
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4. (d) What is meant by interrogatories?
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5. (e) What is meant by the next friend of a minor?
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6. (f) What is Execution of Decree?
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7. (g) Who is pauper or Indigent person?
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8. (h) What is Letter of request
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9. (i) When is suit is abated?
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10. (j) What is effect of part payment on limitation?
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Q.2 Q.2: Write short notes, any two (12 Marks)

1. (1) Appoinment of Receiver, his power and duties.
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2. (2) Legal disability and limitations
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3. (3) Suit against Government.
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4. (4) Adverse Possession
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Q.3 Q.3: Answer any two of the following (12 Marks)

1. (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 in a temple is a civil right and is the suit is of civil nature or not?
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2. (b) X files a suit against Y for recovery of Rs.70,00,000/- and serves him the writ of summons, which fixes the date 10th October, 2015. B has to recover from A Rs. 35,00,000/-. (i) As Y's advocate what procedure will you advise (ii) In which court can Y recover his claim against X?
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3. (c) Manish a minor wish to sue Dinesh, an adult pertaining to dispute relating to a certain immovable property. (i) Who shall initiate the suit on behalf of Manish? Explain the relevant legal provision. (ii) Manish attains majority during the pendency of the suit, Advice Manish in light of the relevant legal provisions.
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Q.4 Q.4: Answer any three in details (39 Marks)

1. (a) Reference, Review and Revision.
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2. (b) Acquisition of rights by prescription under Limitation Act.
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3. (c) Arrest and attachment before Judgement.
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4. (d) Explain the provisions relating to suits by and against the minor.
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5. (e) What is and Interpleader Suit?
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Read from the scan above, so a character or two may differ. The scan is the original.