LL.B. (Three Years) Sem 5 CPC Dec 2025 75/25 Question Paper - Mumbai University | munotes

Questions asked in this paper

SECTION I - Q.1: Answer the following in one/two sentences (any 6) (12 Marks)

1. Q1 Who is a "Next Friend"?
2. Q2 What is "Letter of Request" and when is it issued by the court?
3. Q3 What is meant by "Substituted Service of Summons" under the Civil Procedure Code?
4. Q4 Define the term "Promissory Note" as provided in the Limitation Act.
5. Q5 What do you mean be "Evasive Denial"?
6. Q6 What is meant by a "Pauper Suit"?
7. Q7 When can court appoint a "Receiver" of property?
8. Q8 Explain the term "Mesne Profits"?

SECTION II - Q.2: Write short notes (any 2) (12 Marks)

1. Q9 Interest, Cost and Compensatory Cost
2. Q10 Amendment of Pleadings
3. Q11 Effect of acknowledgement in writing on the period of limitation
4. Q12 Res-Subjudice

SECTION III - Q.3: Answer the following with reasons (any 2) (12 Marks)

1. Q13 Aakash, who instituted a civil suit as a sole plaintiff through his next friend while he was a minor, attains majority during the pendency of the suit. (a) What are the legal remedies available to Aakash upon attaining majority in relation to the pending suit? (b) What legal remedy does he have if he believes that the suit was filed improperly or against his interest? Cite relevant provisions of law.
2. Q14 Mr. Varun files a suit against Mr. Omkar for recovery of ₹25,00,000/- for goods sold and delivered to him by Mr. Varun in January 2025. Mr. Omkar is served with a writ of summons to file a written statement. In his defense, Mr. Omkar contends that he had suffered a loss of ₹5,00,000/- due to the poor quality of some other goods which were supplied by Mr. Varun in December 2024 and wishes to recover this amount. (a) What legal remedy is available to Mr. Omkar to claim his loss from Mr. Varun? (b) Can Mr. Varun defend such claim of Mr. Omkar and under which provisions?
3. Q15 Amit entered into contract with Public Works Department of the State Government for the supply of construction materials. Amit alleges that the department has failed to make payment for the goods supplied. Amit decides to file a suit against the State Government, however he failed to serve any notice to the government before filing the Suit. (a) Is it mandatory to serve notice before filing a Suit against the Government? Cite relevant provision (b) What would be the effect if the notice is not served before instituting the suit?
4. Q16 Mr. Vinod rents a house to Ms. Rina at a yearly rent of Rs. 12,000/-. The rent for the whole of the years 2022, 2023 and 2024 is due and unpaid. Mr. Vinod sues Ms. Rina in 2025 only for the rent due for 2024. (a) Can Mr. Vinod file a fresh suit for the 'Recovery of Rent' for the years 2022 and 2023 after the suit for 2024 has been decreed? (b) Does the principle of Order II Rule 2 of the Code of Civil Procedure, 1908 operate as a bar against a second suit by Mr. Vinod for the earlier arrears of rent (2022 and 2023)? Explain.

SECTION IV - Q.4: Answer the following in detail (any 3) (39 Marks)

1. Q17 Explain the provisions relating to the "Summary Suits" under Code of Civil Procedure.
2. Q18 Briefly discuss the provisions relating to "Rejection of Plaint and Return of Plaint"?
3. Q19 Define 'Place of Suing' under the Code of Civil Procedure. Cite provisions related to it in Code of Civil Procedure and its importance in determining the jurisdiction of courts.
4. Q20 Discuss provisions with respect to "Appeal, Revision and Review."
5. Q21 Explain the concept of "Adverse Possession"?

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