LL.B. (Five Years) Sem 9 CPC May 2019 Question Paper - Mumbai University | munotes

Questions asked in this paper

• N.B: All questions are compulsory. Figures to the right indicate maximum marks. Please check whether you have got the right question paper.

Q.1 Answer in one or two sentences 20 Marks

1. (a) What are Pleadings?
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2. (b) What is Jurisdiction?
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3. (c) What is pre-requisite for filing suit against the Government?
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4. (d) Who is a Next Friend of minor?
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5. (e) What is Judgment?
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6. (f) What happens when the Plaintiff is absent on the date his suit is placed for hearing?
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7. (g) Who is a decree-holder?
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8. (h) What is the effect of acknowledgement in writing on limitation?
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9. (i) What is issue of Commission?
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10. (j) What is a Foreign judgement?
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Q.2 Write Short Notes on (any four) 20 Marks

1. (a) Provisions of Appeal to Supreme Court as per CPC
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2. (b) Modes of Execution of Decrees and Orders
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3. (c) Suits by and against Corporations and Firms
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4. (d) Plaint and Written Statement
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5. (e) Extension of limitation
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6. (f) Interpleader suit
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Q.3 Solve with reasons (any two) 12 Marks

1. (a) A and B, enter into a contract for sale of goods by A to B. The contract is made in Mumbai, the goods are delivered in Chennai, payment of price is to be made from Delhi. B fails to pay the price despite delivery of goods. A wants to file suit to recover the price from B.
   • (i) In which city can he file the suit?
   • (ii) Why?
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2. (b) C has taken loan of Rs. 1,50,000/- from D against a Promissory Note. After the limitation period is over, C gives to D a written letter signed by him and acknowledges the same loan.
   • (i) What will be the effect of this letter on limitation?
   • (ii) Would it make difference if the said letter was given, before the expiry of limitation?
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3. (c) Mr. AB has filed a suit against Mr. CD in Mumbai on 18th October 2018. After that date on 18th December 2018 Mr. CD files a suit against Mr. AB in Bangalore based on same facts and cause of action.
   • (i) What is Mr. AB's remedy?
   • (ii) What order will the Court pass against Mr. CD?
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Q.4 Write Essay Type Answers on (any four) 48 Marks

1. (a) Issue of Commission
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2. (b) Creation of ownership by adverse possession under Limitation Act
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3. (c) Reference, Review and Revision
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4. (d) Interpleader Suits and their Procedure
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5. (e) Writ of Summons and modes of its service
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6. (f) Arrest and Attachment before Judgment
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