LL.B. (Three Years) Sem 5 CPC Apr 2026 75/25 Question Paper - Mumbai University | munotes

Questions asked in this paper

Q.1 Q.1: Answer in one or two sentences (12 Marks)

1. (a) What is mesne profit?
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2. (b) Explain institution of suit?
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3. (c) What is the mode of service of summons as per the Code of Civil Procedure?
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4. (d) What is the effect of death on or before the accrual of the right to sue as per the Limitation Act?
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5. (e) How is the judgment pronounced as per Code of Civil Procedure?
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6. (f) What is meant by mis-joinder of party?
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7. (g) What is abatement of suit?
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8. (h) What are the essential elements while framing the suit?
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Q.2 Q.2: Write short notes (any 2) (12 Marks)

1. (a) Computation of period of limitation
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2. (b) Appeals by indigent persons
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3. (c) Attachment of property in execution process
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4. (d) Suits by or against government
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Q.3 Q.3: Solve any two (12 Marks)

1. (a) A and B both reside in Nagpur, in the same building. A has entered into an agreement with B for sale of the manufactured goods of his factory at Nashik. Then B will pay the money for the purchase of the goods to A. In this case A has failed to deliver and sale the manufactured goods as per the agreement. (i) In which court can B file a suit against A, to enforce agreement for sale of manufactured goods? (ii) Which court will have the proper jurisdiction for the suit?
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2. (b) A filed the execution of decree application in the civil court in which final decree is passed in his favour. But the property of judgement debtor is situated within the jurisdiction of another civil court. (i) Cite the relevant legal provision for the execution of decree in above situation (ii) What is the execution of decree?
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3. (c) In a suit filed by Mr. Jay against Mr Ram in District court, order and decree is passed on 6th August 2021. Mr. Ram files application for certified copy on 18th August 2021. Certified copy was made ready for delivery on 8th September 2021. (i) What is the period of limitation for filing the first appeal in High court? (ii) What is the remedy available to the defendant in the event of delay in filing of appeal?
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4. (d) Radha filed the recovery of immovable property suit against Sheela. Summons will be issued to Sheela by the court. (i) What is the next legal step to be followed by Sheela in above case? (ii) What is issue & service of summons? Explain the procedure in detail.
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Q.4 Q.4: Answer the following (any three) (39 Marks)

1. (1) Explain in detail particulars to be contained in plaint & written statement?
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2. (2) Explain in detail the process of summons, service of summons & discovery under Code of Civil Procedure 1908.
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3. (3) Examine fully reference, review & revision under Code of Civil Procedure 1908.
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4. (4) The judgement debtor has not followed the final decree of the civil court. What is the remedy available in such case to the decree holder under Code of Civil Procedure 1908? Explain in detail
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5. (5) Acquisition of right by prescription under Limitation Act 1963. Explain.
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