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

Questions asked in this paper

• N.B: All questions are compulsory. Figures to the right indicate maximum marks. Please check whether you have got the right question paper.

Q.1 Answer in one or two sentences 20 Marks

1. (a) What is Mesne Profit?
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2. (b) What is stay of the suit?
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3. (c) Who is Judgment Creditor?
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4. (d) What is Precept?
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5. (e) What is Warrant of Attachment?
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6. (f) When the Defendant can file Written Statement in regular Suit after service of Writ of Summons?
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7. (g) What is abatement of Suit?
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8. (h) What is ex-parte Decree?
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9. (i) What is set-off?
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10. (j) What is meant by mis-joinder of Party in Suit?
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Q.2 Write short notes on (any four) 20 Marks

1. (a) Rejection of suit
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2. (b) Counter Claim
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3. (c) Summary Suit
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4. (d) Forma Pauperis
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5. (e) Injunction and interlocutory Orders
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6. (f) Appeal from Order
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Q.3 Solve with reasons (any two) 12 Marks

1. (a) A and B, both reside in Mumbai, in the same building. A has entered into an agreement with B for sell of his bungalow situate at Pune on 2nd October 2019 for the consideration of Rs. 25,00,000/-. B has kept the Demand Draft for Rs. 25,00,000/- ready and tendered to A at Nashik where A has his office, but A refuses to accept the consideration and complete sale of bungalow as per agreement.
   • (i) In which court can B file a suit against A, to enforce Agreement for sale of the bungalow?
   • (ii) Which Court will have jurisdiction to enforce the decree passed in favour of B? Why?
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2. (b) Mr. C has filed a suit against Mr. D. The Court has fixed 18th October 2011 for hearing, when Mr. C and his Advocate present in court, at the time his case is called out. But Mr. D, the Defendant and his Advocate are absent. Mr. D has not filed the Written Statement. Mr. D has suffered heart attack but could not communicate to his Advocate, so he could not tell the court about it. The Court passes an ex parte decree against Mr. D.
   • (i) What are Mr. D's remedies against the ex-parte decree?
   • (ii) What order would have passed had Mr. C and his Advocate were absent and the Defendant and his Advocate were present in the Court?
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3. (c) Mr. E obtains a money decree of Rs. 5,00,000/- against Mr. F. Mr. F did not pay the decretal amount to Mr. E despite demand. Mr. F resides in flat in Mumbai standing in the name of his wife and has Rs. 3,00,000/- in bank account in his name. Mr. F has also to recover Rs. 2,00,000/- from Mr. G.
   • (i) Can Mr. E attach the residential flat in execution for recovery of decretal amount?
   • (ii) Whether Bank is obliged to pay the money lying in Bank Account of Mr. F. Advise Mr. E.
   • (iii) Can Mr. E calls upon Mr. G to deposit Rs. 2,00,000/- in court?
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Q.4 Write Essay Type answer on (any four) 48 Marks

1. (a) Acquisition of Rights by prescription under Limitation Act. Explain.
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2. (b) Settlement of suit outside the Court under Section 89 of the Civil Procedure Code. Explain.
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3. (c) Court Jurisdiction and its types
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4. (d) Suit by or against minors and persons of unsound mind
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5. (e) Provisions relating to Execution of Decree under Civil Procedure Code
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6. (f) Provisions relating to production, Impounding and Return of the Documents in suit
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