LL.B. (Three Years) Sem 5 CPC Nov 2011 Question Paper - Mumbai University | munotes

Questions asked in this paper

1. Q1 Answer in not more than two sentences 20 marks
   • (a) What is a foreign Judgement ?
   • (b) Who is a Judgement-Debtor ?
   • (c) What is an order ?
   • (d) How is a Suit instituted ?
   • (e) What are Pleadings ?
   • (f) Who is a Decree-Holder ?
   • (g) What is legal disability under Limitation Act ?
   • (h) What is an Ex-parte Decree ?
   • (i) Who is a Garnishee ?
   • (j) What is ?
2. Q2 Write short explanatory notes on any four :— 20 marks
   • (a) Issues
   • (b) Plaint and Written Statement
   • (c) Review
   • (e) Suits by Minors
   • (f) Extention of limitation
3. Q3 Answer any two :— 12 marks
   • (a) B enter into a contract for sale of goods. Contract is made in Mumbai Goods are delivered in Delhi. Price is payable at Pune. After delivery of goods, B fails to pay price. In which Court can A file suit to recover price of goods sold and delivered ?
   • (b) C has filed a suit in Mumbai. It is placed for hearing on May 2011 C stays at Nashik However, due to old age and ill health he cannot travel to Mumbai to give evidence in court. As C’s Advocate. What steps will you take to record the evidence of C ?
   • (c) D wants to file an Appeal in Bombay High Court. Limitation is expiring on January 2011, which is a Court holiday. On 27" January 2011 curfew is imposed for 7 days due to terror attack. Advise D as to filing Appeal, after limitation expires in these circumstances
4. Q4 Write essay type answers on any four :— 48 marks
   • (a) Types of Decrees and modes of execution
   • (b) Reference, Review and Revision
   • (c) Written statement, set-off and Counter-claim
   • (d) Temporary injunctions
   • (e) Suits against governments
   • (f) Law of adverse possession

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