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CPC
Previous Year Question Paper with Solution
LLB 3 years · Sem 5
Apr 2015 Examination
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LLB 3 years Sem 5 CPC Apr 2015 Question Paper with Solutions
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First published on munotes.in on 29 September 2026.
Published by munotes.in, Mumbai.
Model answers written and edited by the munotes.in editorial desk.
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The University does not publish an official answer key for this paper. The answers in this volume are model answers, written to show how a full-mark answer is built. They are a study aid, not an authority on what an examiner marked.
The question paper reproduced here is the paper as set by the University of Mumbai at the Apr 2015 examination.
Contents
The questions below are the paper as the University of Mumbai set it at the Apr 2015 examination, in the order it was set.
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the Apr 2015 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.
3 questions answered
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.
(a)Answer in not more than two sentences[2]
- (a) What is meant by costs in a suit?
- (b) When is a suit abated?
- (c) What is the provision for serving summons where resides out of
- (d) What is Letter of Request ? % When is Receiver appointed by court? S
- (g) What are pleadings of suit?
- (h) What is effect of retirement of next of of a minor on suit?
- (i) What is stay of suit?
- (i) What is the effect of limitation on Write Short Notes on any four 20
- a) Interpleader suit,
- b) Reference Review and Suits by and against mi and persons of unsound mind
- d) Jurisdiction and its types Property not liable t attached in execution
- f). Writ of its service 3 Solve any two and relevant provisions of CPE 12
- a) Mr. Aha fled a suit against Mr.B on the basis of dishonour of chequ Lac. A serves upon B writ of summons together with cop plaint on 13% March 2015 Within what time Mr. B is required to enter his appearance either in person or by pleader?
- ii) What are the consequences of not filing the appearance within the
- Q.P. Code : 13031
- (b) C files suit against D for recovery of money in respect of goods sold and delivered to him. D files Written Statement and also sets up Counter C against C for defective goods sold and delivered to him and the loss by him on that account
- (i) Suit is dismissed for default. Can D proceed with
- (ii) IfC fails to put in a reply to the Counter Claim whether D is entitled for judgment and decree against C fp to the counter claim made by him against C ?
- (c) Mr. E is tradesman in Mumbai. Mr. F carries on in Delhi. Mr. F promissory note at Calcutta payable and delivers it to Mr. E at Calcutta. \
- (i) Can Mr. E sue Mr. F in Court at
- (ii) Whether the Court at jurisdiction to try, entertain and dispose of such suit?
Answer
Costs are the expenses of the litigation, and the Code deals with them in sections 35, 35A and 35B. Section 35(1) says that the costs of and incident to all suits shall be in the discretion of the Court, and that the Court shall have full power to determine by whom or out of what property and to what extent such costs are to be paid. The same sub-section adds that the fact that the Court has no jurisdiction to try the suit shall be no bar to the exercise of such powers, so a court that returns a plaint can still deal with costs.
The ordinary rule is that costs follow the event, meaning the loser pays the winner. It is a rule of practice, not an absolute right, because the power is discretionary. Section 35(2) puts one control on that discretion: where the Court directs that any costs shall not follow the event, the Court shall state its reasons in writing.
Costs are of three kinds under the Code. General costs under section 35 are the successful party's court fees, pleader's fees, witness expenses and the like. Compensatory costs under section 35A are awarded against a party who has put forward a claim or defence that is false or vexatious to his knowledge, and they are capped at three thousand rupees or the court's pecuniary limit, whichever is less. Costs for causing delay under section 35B reimburse the other side for a wasted hearing, and their payment is made a condition precedent to the defaulter carrying on with his suit or his defence.
Going deeper.
Keep the three sections apart, because students often merge them. Section 35 is compensatory in the ordinary sense: it indemnifies the winner for what the litigation cost him. Section 35A is punitive: it is aimed at the litigant who knowingly pleads a falsehood, and it is why the court must record its reasons for holding the claim or defence false or vexatious. Section 35B is disciplinary: it does not look at who wins, only at who wasted the day fixed for hearing.
Two details carry marks. Section 35A applies to a suit or other proceeding including an execution proceeding but excluding an appeal or a revision, and under section 35A(3) an order under it does not exempt the person from criminal liability for the false claim. Under section 35B(2), costs ordered for delay are not included in the costs awarded by the decree if they are paid, but if they are not paid a separate executable order is drawn up.
What the examiner is looking for.
Two sentences in the exam, as the paper asks: costs are the expenses of the litigation, they lie in the discretion of the court under section 35 and ordinarily follow the event, and the Code adds compensatory costs under section 35A and costs for delay under section 35B. Naming all three sections is what separates a full two marks from one.
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