LLB 3 Years Sem 5 CPC Nov 2022 2 Question Paper - Mumbai University | munotes

Questions asked in this paper

• 2. Figures to the right indicate full marks

1. Q1 ANSWER THE FOLLOWING IN TWO SENTENCES (Any 6) 12 marks
   • a. What is Garnishee Notice?
   • b. What is Pecuniary Jurisdiction?
   • c. Mention any 2 grounds for seeking a Review
   • d. Enumerate any two classes of persons who are entitled to exemption from personal appearance in court?
   • e. Who shall be deemed to be the recognised agents to appear, act and apply on behalf of the Government in civil proceedings?
   • f. What is subsistence allowance?
   • g. What is condonation of delay?
   • h. Define ‘Plaintiff as per the Limitation Act,1963
   • i. What is caveat?
   • j. What is substituted service?
2. Q2 WRITE SHORT NOTES (Any 2) 12 marks
   • a. Admission
   • b. Transfer of suits
   • c. Appointment of Guardian in suits against minor defendants
   • d. Effect of unsoundness of mind and minority on the period of limitation
3. Q3 ANSWER THE FOLLOWING WITH REASONS(Any 2) 12 marks
   • 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?
   • 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
   • i. In the above mentioned case what has to be specified in Memorandum of appeal?
   • 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?
   • 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
4. Q4 ANSWER THE FOLLOWING IN DETAIL(Any 2) 12 marks
   • a. Explain in detail: Production, impounding and return of documents
   • b. Explain the effect of death, marriage and insolvency of parties on a suit
   • c. Explain Arrest before Judgement and Attachment before Judgement
   • d. Explain Summary Procedure
   • H. St 2 HI
   • S. HI

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