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LLB 3 years Sem 4 Bankruptcy Laws May 2025 - 60/40 Question Paper with Solutions

Mumbai University Solved Question Papers

Bankruptcy Laws

Previous Year Question Paper with Solution

LLB 3 years · Sem 4

May 2025 - 60/40 Examination

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First published on munotes.in on 24 October 2026.

Published by munotes.in, Mumbai.

Model answers written and edited by the munotes.in editorial desk.

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The question paper reproduced here is the paper as set by the University of Mumbai at the May 2025 - 60/40 examination.

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The Paper as Set

The questions in this volume are the questions asked at the May 2025 - 60/40 examination, reproduced as the University of Mumbai set them, in the order it set them. Nothing has been reworded, added or left out. Only the answers are ours. See the original question paper.

Duration 2 hours  ·  Total marks 60  ·  22 questions answered

Instructions printed on the paper

  • N.B: 1. Please check whether you have got the right question paper. 2. Answer all questions. 3. Total marks are indicated in the right.

How to use this volume

Solve the paper first, under exam conditions and against the clock. Then read the answers here and mark your own. Reading a solution before attempting the question feels productive and teaches very little, because recognising an answer is not the same as being able to write one.

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Q.1

Q.1: Answer any six questions in one or two sentences

12 Marks - 2 marks each

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(a)Who is an Indigent person?[2]

Answer

An indigent person is a person too poor to pay the court fee, who may be allowed to sue without paying it. The definition is in Explanation I to rule 1 of Order XXXIII of the Code of Civil Procedure, 1908. A person is indigent:

  1. if he is not possessed of sufficient means, other than property exempt from attachment in execution of a decree and the subject-matter of the suit, to pay the fee prescribed by law for the plaint; or
  2. where no such fee is prescribed, if he is not entitled to property worth one thousand rupees, again excluding exempt property and the subject-matter of the suit.

Property he acquires after applying and before the decision is counted (Explanation II). One who sues in a representative capacity is judged by the means he has in that capacity (Explanation III). The question is inquired into first by the chief ministerial officer of the court (rule 1A).

Two leading cases.

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  1. In Union Bank of India v. Khader International Construction (2001) 5 SCC 22 the Supreme Court held that "person" in Order XXXIII includes a company. A juristic person may also sue as indigent.
  2. In Mathai M. Paikeday v. C.K. Antony (2011) 13 SCC 174 a retired forest officer with a pension, whose son worked abroad, claimed to be indigent. The Court held that "sufficient means" means the ability to raise money by lawful means in the ordinary course, and he was not indigent.
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