LL.B. (Three Years) Sem 5 CPC Nov 2022 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 full marks.

Q.1 Q.1: Answer the following in two sentences (any 6) (12 Marks)

1. (a) What is Garnishee Notice?
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2. (b) What is Pecuniary Jurisdiction?
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3. (c) Mention any 2 grounds for seeking a Review.
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4. (d) Enumerate any two classes of persons who are entitled to exemption from personal appearance in court?
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5. (e) Who shall be deemed to be the recognised agents to appear, act and apply on behalf of the Government in civil proceedings?
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6. (f) What is subsistence allowance?
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7. (g) What is condonation of delay?
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8. (h) Define 'Plaintiff' as per the Limitation Act, 1963.
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9. (i) What is caveat?
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10. (j) What is substituted service?
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Q.2 Q.2: Write short notes (any 2) (12 Marks)

1. (a) Admission
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2. (b) Transfer of suits
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3. (c) Appointment of Guardian in suits against minor defendants
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4. (d) Effect of unsoundness of mind and minority on the period of limitation
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Q.3 Q.3: Answer the following with reasons (any 2) (12 Marks)

1. (a) Raju, a resident of Solapur entered into a contract with Sanjay for delivery of 500 Computers at Pune. Sanjay initiated a delivery from his Thane warehouse but then diverted the delivery to another client at Churchgate, Mumbai. Raju wants to file a suit against Sanjay. Advise him. (i) What is Jurisdiction? (ii) Where should Raju file the suit? Why?
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2. (b) 'X' is aggrieved by the decree passed by the City Civil Court, Mumbai in appeal. He wishes to prefer a second appeal. (i) To which Court shall they appeal lie? State with reference to the relevant legal provision. (ii) In the above mentioned case what has to be specified in Memorandum of appeal?
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3. (c) While travelling in a premium express train from Mumbai to Ahmedabad, owing to a defective door lock handle, Divya suffered an injury. She wishes to claim damages from the Indian Railways. (i) Who should be impleaded as the principal defendant in this suit? Why? (ii) What procedure should be followed by her before institution of the suit?
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4. (d) 'A' wants to file a suit in the Court. Monday is the last day of limitation but the court is closed due to a public holiday. (i) Does the Limitation Act, 1963 address such a situation? How? (ii) Cite the relevant legal provision and specify the reason for the same.
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Q.4 Q.4: Answer the following in detail (any 2) (24 Marks)

1. (a) Explain in detail: Production, impounding and return of documents.
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2. (b) Explain the effect of death, marriage and insolvency of parties on a suit.
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3. (c) Explain Arrest before Judgement and Attachment before Judgement.
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4. (d) Explain Summary Procedure.
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Read from the scan above, so a character or two may differ. The scan is the original.