LL.B. (Five Years) Sem 9 CPC Nov 2013 Question Paper - Mumbai University | munotes

Questions asked in this paper

SECTION I - Q.1: Answer in one or two sentences (20 Marks)

1. Q1 What is a letter of request?
2. Q2 What happens when the Plaintiff dies when his suit is pending?
3. Q3 To which proceedings does the Law of limitation apply?
4. Q4 What is the effect of part-payment on limitation?
5. Q5 What is an order?
6. Q6 What are pleadings?
7. Q7 When will court pass an ex-parte decree?
8. Q8 What is a foreign judgement?
9. Q9 What is Commission?
10. Q10 What is Stay of a suit?

SECTION II - Q.2: Write short notes on any four of the following (20 Marks)

1. Q11 Framing of issues
2. Q12 Interpleader suit
3. Q13 Acquisition of right by prescription under the Limitation Act.
4. Q14 Summary Suit and Summons for Judgment
5. Q15 Properties attachable and non-attachable in execution of decree.
6. Q16 Provisions in CPC in relation to settlement of dispute outside Court

SECTION III - Q.3: Solve any two problems (answer any two with reasons) (12 Marks)

1. Q17 In 2008, Mr. A conceals from Mr. B a document by which Mr. B is entitled to get gift of property. Mr. B discovers that document in the year 2011. (i) When will the period of limitation start for Mr. B to file a suit to recover the property under that document? (ii) Why?
2. Q18 Mr. C has filed a suit in Civil Court at Mumbai against Mr. D to recover loan of Rs.50,000/- and has obtained decree against Mr. D. Mr. D does not have any property in Mumbai, but he has properties in Pune, Nashik and Satara. (i) At which place can Mr. C apply for execution of his decree against Mr. D (ii) Why?
3. Q19 Mr. E files a suit against Mr. F for recovery of Rs.25,00,000/- for goods sold to him and Mr. F is served with writ of summons to file his written statement in court. Mr. F's contention is that he suffered a loss of Rs.5,00,000/- due to bad quality of some of the goods sold by Mr. E. (i) What is Mr. F's remedy to recover his loss from Mr. E?

SECTION IV - Q.4: Write essay type detail answers of any four (48 Marks)

1. Q20 State the provisions under the CPC relating to appointment of the Receiver and Injunctions.
2. Q21 Arrest and Attachment before Judgement
3. Q22 Jurisdiction, types of jurisdictions.
4. Q23 Suits against Government and Appeal to Supreme Court
5. Q24 Suit by a pauper or an indigent person and Suit by minor.
6. Q25 Explain effect of minority, fraud, mistake and suit against Trustees, which extend limitation under the Limitation Act.

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