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

Questions asked in this paper

• Form number 69808. Hand-dated 02/04/25, TYLLB ATKT Sem V. 4 pages: the English paper on pages 1 to 2, the Marathi translation on pages 3 to 4. Note: 1. Please check whether you have got the right question paper. 2. All questions are compulsory. 3. Figures to the right indicts full marks. Q.3 prints only three problems, a) to c), for any two.

Q.1 Answer ANY SIX questions in one or two sentences, any 6 of 10 12 Marks

1. (a) Define Legal representative.
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2. (b) Explain the term 'Garnishee'.
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3. (c) What is Counter Claim?
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4. (d) What is Mesne Profit?
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5. (e) What is stay of the suit?
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6. (f) What is ex-parte Decree?
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7. (g) What is Vakalatnama?
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8. (h) What is Order
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9. (i) What is meant by non-joinder of the party in Suit
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10. (j) What is Precept?
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Q.2 Write short Notes ANY TWO, any 2 of 4 12 Marks

1. (1) Appeal from Order
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2. (2) Interlocutory Orders
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3. (3) Attendance of Witness
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4. (4) Attachment before Judgement
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Q.3 Answer ANY TWO of the following, any 2 of 3 12 Marks

1. (a) M is minor when his uncle takes illegal possession of his property. M's mother wans to file suit on behalf of minor i) Can She do it? How? ii) What is the effect of limitation of such suit.
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2. (b) In 2010, Mr. X conceals from Mr.Y a document by which Mr.Y is entitled to get gift of property. Mr. Y discovers that documents in the year 2013. i) When will the period of limitation start for Mr.Y to file a suit to recover the property under that documents ii) Why?
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3. (c) Mr. A , a landlord of tenanted property expired leaving behind his three sons. Thereafter, all three sons started demanding rent from each tenant, separately. i) Can you advise the tenants to pay rent of the sons? ii) If not, what remedy is available to the tenants?
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Q.4 Answer ANY THREE in details, any 3 of 5 39 Marks

1. (a) Stay of Suits and Res Judicate
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2. (b) Written Statement, Set-off and Counter Claim.
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3. (c) Elucidate the general principle of limitation under the Limitation Act, 1963?
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4. (d) Commissions, their Purpose and Procedure
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5. (e) Define Summons. What are the different modes of serving summons under CPC?
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