LL.B. (Three Years) Sem 5 CPC May 2017 Question Paper - Mumbai University | munotes

Questions asked in this paper

Q.1 Q.1: Answer in one or two sentence (20 Marks)

1. (a) In which court can the suit to recover immovable property be filed?
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2. (b) What is effect of filing of Caveat?
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3. (c) To what extent are the legal representatives of a deceased defendant liable in execution of decree passed against the deceased defendant?
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4. (d) What is a Letter of Request?
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5. (e) What is an ex-parte decree?
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6. (f) What is the effect of part-payment on limitation?
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7. (g) What is Summons for Judgment in a Summary Suit?
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8. (h) What is execution of decree?
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9. (i) What is a Foreign Judgment?
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10. (j) What is meant by mesne profit?
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Q.2 Q.2: Write short notes on any four (20 Marks)

1. (a) Interpleader Suits
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2. (b) Appeal to the Supreme Court
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3. (c) Settlement of disputes outside Court under section 89 of CPC.
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4. (d) Attachable and non-attachable properties in execution of decree.
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5. (e) Acquisition of right by prescription under Limitation Act.
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6. (f) Suit by or against a Pauper or Indigent person.
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Q.3 Q.3: Solve any two problems with reasons (12 Marks)

1. (a) In 2008, Mr. A conceals from Mr. B a document by which Mr. B is entitled to get gift of property. Mr. B discovers that document in the year 2011. (i) When will the period of limitation start for Mr. B to file a suit to recover the property under that document? (ii) Why?
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2. (b) Mr. E files a suit against Mr. F for recovery of Rs.25,00,000/- for goods sold to him and Mr. F is served with writ of summons to file his written statement in court. Mr. F's contention is that he suffered a loss of Rs.5,00,000/- due to bad quality of some of the goods sold by Mr. E and as a result he has a claim for damages. (i) What is Mr. F's remedy to recover his loss from Mr. E? (ii) Can Mr. E defend such claim of Mr. F? By which procedure?
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3. (c) A and B, both reside in Mumbai, in the same building. A has made an Agreement with B to sell his bunglow at Pune on 2nd October 2010, upon B making payment of Rs.25,00,000/- by Demand Draft. B has kept the Demand Draft of Rs.25,00,000/- ready and shown it to A, but now A refuses to sell of bunglow as per Agreement. (i) In which place can B file a suit against A, to enforce Agreement for sale of the bunglow? (ii) Whether the court in Mumbai has jurisdiction to entertain such suit?
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Q.4 Q.4: Write essay type answers on any four (48 Marks)

1. (a) Jurisdiction & its types
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2. (b) What is Law of Limitation? When can it be extended under the various provisions of the Limitation Act?
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3. (c) State the provisions of the CPC relating to Injunctions and interlocutory orders.
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4. (d) Reference, Review and Revision.
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5. (e) Written Statement, Set-off, Counter-claim.
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6. (f) Arrest & Attachment before Judgment.
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