LLB 3 Years Sem 5 CPC Dec 2024 60/40 Question Paper - Mumbai University | munotes

Questions asked in this paper

1. Q1 Answer any SIX in one or two sentences: 12 marks
   • 1. What is the object of the Limitation Act, 1963?
   • 2. Define the term ‘Decree’
   • 3. Define the word ‘Suit’
   • 4. What is the principle of res-sub judice?
   • 5. Explain ‘set-off’
   • 6. What is meant by cause of action?
   • 7. What is the significance of the 'exhibit' in the context of documentary evidence as per the Civil Procedure Code, 1908?
   • 8. Who may lodge a
   • 9. How can res judicata be waived under the Civil Procedure Code, 1908?
   • 10. Who may apply for restitution?
2. Q2 Write short notes on any TWO:
   • 1. Expiry Period of Limitation when Court is closed
   • 2. Notice under Section 80 of Civil Procedure Code, 1908
   • 3. Foreign Award
   • 4. Interpleader Suit
3. Q3 Solve any TWO with reasons: 12 marks
   • 1. Rahul is a tenant who has been living in a rental property owned by Priya for the past five years. In January 2022, Priya served Rahul with a notice to vacate the property, claiming that he had not paid rent for the last three months. Rahul denied this claim, stating he had made all payments and had receipts to prove it However, Priya initiated eviction proceedings against him in March 2022. After several hearings, Priya failed to appear in court, and the case was dismissed in November 2022. In January 2023, Priya decided to file a fresh suit against Rahul for eviction, claiming the same grounds
   • a. Can Priya file a fresh suit against Rahul for eviction in January 2023, considering the dismissal of her previous case in November 2022? Justify
   • b. What is the significance of the bar of limitation in this case, and how does it apply to Priya’s ability to file a new suit?
   • 2. In a civil suit regarding a breach of contract, Plaintiff A files a suit against Defendant B in the District Court for recovery of a sum of The court issues a summons to Defendant B to appear on a specified date. However, Defendant B fails to appear in court on that date without any valid reason. The court proceeds to hear the case in the absence of Defendant B and ultimately rules in favour of Plaintiff A
   • a. What are the consequences of Defendant B’s non-appearance in this case?
   • b. Can Defendant B appeal the court's decision after the ruling has been made in favour of Plaintiff A? Explain
   • 3. Asha owns a small bakery in a busy market area. Her neighbour, Ravi, who operates a grocery store, begins constructing a new extension that would block the entrance to Asha's bakery, significantly reducing her customer footfall. Asha believes that this construction is illegal and seeks a temporary injunction to stop Ravi from continuing the construction until the matter is resolved in court. She files a suit for a temporary injunction under Section 37 of the Code of Civil Procedure, 1908, to prevent Ravi from obstructing her business
   • a. What must Asha demonstrate to the court to obtain a temporary injunction against Ravi's construction?
   • b. Ifthe court grants Asha's application for a temporary injunction, what are the potential implications for both parties?
   • 4. Amit lent to Ravi on January 1, 2018, with a promise of repayment within three years. As per the terms of the loan agreement, if Ravi failed to repay the amount within this period, Amit could file a suit for recovery. On December 15, 2020, Ravi made a part-payment of and acknowledged his outstanding debt in writing, stating, “/ acknowledge that I still owe =75,000 to Amit and will repay it soon.” However, Ravi did not make any further payments, and the loan remained unpaid. Amit is considering whether he can still file a suit against Ravi for the remaining amount in 2024
   • a. Can Amit file a suit against Ravi for the remaining amount of =75,000 in 2024, considering the acknowledgment made by Ravi in December 2020?
   • b. How does the part-payment made by Ravi on December 15, 2020, affect the limitation period for filing the suit?
4. Q4 Write Essay Type answer on any TWO: 24 marks
   • 1. What is the procedural framework for enforcing a foreign judgment or decree in India under Section 44A of the Code of Civil Procedure, 1908?
   • 2. What are the essential elements that must be included in a plaint as per Order VII of the Code of Civil Procedure, 1908, and how do these elements contribute to the clarity and effectiveness of civil litigation? What are the legal principles governing the condonation of delay under the Limitation Act, 1963, and how do courts determine whether sufficient cause has been shown for extending the limitation period?
   • 4. How does Order XXI of the Code of Civil Procedure, 1908, delineate the modes of execution of decrees, and what provisions exist for the stay of execution in civil

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