LLB 3 Years Sem 5 CPC May 2019 Question Paper - Mumbai University | munotes

Questions asked in this paper

1. Q1 Answer in one or two sentences. 20 marks
   • a) What are Pleadings?
   • b) What is Jurisdiction?
   • c) What is pre-requisite for filing suit against the Government?
   • d) Who is a Next Friend of minor?
   • e) What is Judgment?
   • f) What happens when the Plaintiff is absent on the date his suit is placed for hearing?
   • g) Who is a decree-holder?
   • h) What is the effect of acknowledgement in writing on limitation?
   • i) What is issue of Commission?
   • j) What is a Foreign judgement?
2. Q2 Write Short Notes on Any Four 20 marks
   • a] Provisions of Appeal to Supreme Court as per CPC
   • b] Modes of Execution of Decrees and Orders
   • c] Suits by and against Corporations and Firms
   • d] Plaint and Written Statement
   • e] Extension of limitation
   • f]. Interpleader suit
3. Q3 Solve any two with reasons 12 marks
   • a) enter into a contract for sale of goods by A to B.The contract is made in Mumbai, the goods are delivered in Chennai, payment of price is to be made from Delhi. B fails to pay the price despite delivery of goods: A wants to file suit to recover the price from B
   • i) In can he file the suit?
   • ii) Why?
   • b) C has taken loan of D against a Promissory Note. After the limitation period is over, C gives toD a written letter signed by him and acknowledges the same
   • i) What will be the effect of this letter on limitation?
   • ii) Would it make difference if the said letter was given, before the expiry of
   • c).Mr. AB has ‘suit against Mr.CD in Mumbai on 18" October 2018. After that date on December 2018 Mr. CD files a suit against Mr. AB in Bangalore based on same facts and cause of action
   • i) “What is Mr. AB’s remedy?
   • ii) What order will the Court pass against Mr. CD.
4. Q4 Write Essay Type Answers on Any Four 48 marks
   • a) Issue of Commission
   • b) Creation of ownership by adverse possession under Limitation Act
   • c) Reference, Review and Revision
   • d) Interpleader Suits and their Procedure Writ of Summons and modes of its service
   • f) Arrest and Attachment before Judgment

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