LL.B. (Three Years) Sem 5 CPC Nov 2022 Set 2 60/40 Question Paper - Mumbai University | munotes

Questions asked in this paper

• N.B: 1. All questions are compulsory. 2. Figures to the right indicate full marks.

Q.1 Q.1: Answer the following in two sentences (any 6) (12 Marks)

1. (a) What is Foreign judgement?
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2. (b) Define Government Pleader.
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3. (c) Apart from Courts and Magistrates, who may administer oath on affidavits under the Code of Civil Procedure, 1908?
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4. (d) What is the legal requirement regarding 'Notice' in suits against government.
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5. (e) Enumerate any two classes of persons who are entitled to exemption from personal appearance in court?
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6. (f) What is meant by period of limitation?
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7. (g) What is the effect of part-payment on limitation?
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8. (h) What are the various types of cost?
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9. (i) What is a caveat?
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10. (j) Mention any two duties of Court Receiver.
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Q.2 Q.2: Write short notes (any 2) (12 Marks)

1. (a) Effect of acknowledgement in writing on the period of limitation
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2. (b) Acquisition of easement by prescription
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3. (c) Interlocutory orders
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4. (d) Attendance of witnesses
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Q.3 Q.3: Answer the following with reasons (any 2) (12 Marks)

1. (a) Chhaya filed a suit for partition against her brothers and during the pendency of the suit she got married. (i) Can Chhaya still proceed with the suit? Why? (ii) What would be the effect if Chhaya dies and her husband joins as Plaintiff on behalf of their minor son?
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2. (b) Raghu, an agricultural tenant has been tilling the agricultural land of Rajaram Joshi since 1940 and acquired the ownership on tillers day. After the death of Rajaram Joshi, his son Mehul Joshi has filed a suit for declaration of title and possession in which he has prayed for local inspection of disputed land. (i) When commissions can be issued? (ii) What is local inspection and what is its relevance?
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3. (c) Aakash, a sole minor plaintiff attains majority while the suit is still pending against the defendant. (i) What legal recourses are available to him in regard to the pending suit? (ii) What legal recourse is available to Aakash if he believes that the suit was improper or unreasonable?
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4. (d) 'A' wants to file a suit in the Court. Monday is the last day of limitation but the court is closed due to a public holiday. (i) Does the Limitation Act, 1963 address such a situation? How? (ii) Cite the relevant legal provision and specify the reason for the same.
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Q.4 Q.4: Answer the following in detail (any 2) (24 Marks)

1. (a) Write a detailed note on 'Jurisdiction and its types'.
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2. (b) Explain in detail: Written statement, Counter claim and Set-off.
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3. (c) Discuss the powers of appellate courts under the Code of Civil Procedure, 1908
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4. (d) Explain Reference, Review and Revision
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Read from the scan above, so a character or two may differ. The scan is the original.