QP Code: 23643 (3 Hours) [ Total Marks ; 100 N.B.: (1) All questions are compulsory (2) Figures to-the right indicate full marks. 1, Answer in one or two sentences. (@) What is misjoinder of parties ? () Whatis evasive denial? (c) What is pre-requisite for filing suit against the Government ? (@) Whois a Next Friend of minor? (e) What is an order? (£) What happens when the Plaintiffis absent on the date his suit hearing? & ; (g) Who isa -decree-holder? (h) Whatis the effect of acknowledgment in writing on limigtion? (i) What is effect of Set off? C (j) WhatisPrecept? 2. Write Short Notes on Any Four Res 6 (a) Appeals against Decrees and Orders (b) Modes of execution of decrees and orders. (c) Suits by and against Corporations anstFirms (@)_ Rejection of Plaint. a () Extension oflimitation, gy () Suitin Representative Capagi. 3. Solve any two with reasons. O (a) AandB, enter into a¢ontract for sale of goods by Ato B. The contract ismade 49 in Mumbai, the gots are delivered in Chennai, the payment of prige is to be from Delhi. B fails to pay the price despite delivery of goods. A wants to file suit to recover the price from B. (i) dp which city can he file the suit? Why? (6) Chastaken loan of Rs.1 ,50,000/- from D against a Promissory Note, After the Jigiitation period: is over, C gives to D writing signed by him on stamp paper Sand acknowledges the loan. (i) What will be the effect of this writing on limitation? 2% (ii) Would it make difference ifthe said writing was given, before the expiry of limitation? SQ-Con. 6427-15. ereQP Code: 23643 (c) Mr. AB has filed a suit against Mr.CD, The Court has fixed 18th October 2011 for hearing, when the Plaintiff and his Advocate are present in court, at the time their case is called out. Mr. CD, the Defendant is absent but his Advocate is present, Mr. CD has suffered heart attack but could not inform his Advocate, so his Advocate could not inform the court about it. The Court passes an ex parte ‘decree against Mr, CD. S ‘What is Mr.CD's remedy? ~? (ii) What would have happened if Plaintiff and his Advocates were alst> absenton that day? 5 4. Write Essay Type Answers on Any Four : 48 (a) Stay of Suit and Res Judicata. we (b) Creation of ownership by adverse possession under LimitatiorAct (c) Reference, Review and Revision. (a) Summary Suits and their Procedure. yY (e) Writ of Summons and modes of its service. ‘ (£) Suit by or against indigent person, SQ-Con. 6427-15. [TURN OVER |QP Code: 23643 (andi waim) (3 7) (xan: tog? wer wd we oertsnea, Ss 8. Uretter rents araret She arate ae fre - & Yo (SH) eRERTa Seater Fees Ta? og (@) seasedta vane wa? S () meena ET TTS FUT HAMS Te A Ce 4) args eater srefg FeO a7 s (@) aT AR ere? . oO (%) set nS TR oS ad athe ocr arden Sy. (1) Se s (8). Peftae ediepeter gem errata ara efi eta? (8) Sareea are gion St? os (8) STEN FETS TA? wv % Storage utseara fear fare. es 0 @) ) gee nf ortega @ wee ont aaeeMavaiea eet (&) Fererizerngs, dear ore Reg ge : (3) arena Berths = ®@ pen (6) aatear aii yar eaeften eet - % stored 3 AX ered ta oat Pr. RR (a)oaf st aftr = eer are oft of 3 oft a on are feenTea Steer. BK Hee ao Brat are Sader rears ore Reet 88 / Fora Boars ora, re ST ee eave Bel Ma are feaa Boars sree seer, at or en Pet ER “ ‘everest Ca SST ATTA ST. en (8) -sYorea ergera at ara Breet TT? & Q) #7 S $Q-Con. 6427-15. e vy YYQP Code: 23643 4 (@) MTA MS FET 0,000 Bed wer Agta (sired she) fee Bee. A aA arena aaea Tee Hath fortes set Tach aft eT fehl (8) stan ferftearar waiter re after eke? (a) orc ard ferftaa arena) SooaraaT fa area at aT ETH TET ee rae 7 > (%) x3 A we wiser Peg eer Grae Bem. maraTeTATA tc srfectar 508K > avaetrars) Beet Soe aren Garewal eae ten Hen Teh sa weiter eae BA. WEG WhtaTa a ws 8 Ae ee, wig. ai’ aata Be a af} we aia Bee FRSTTRT HAT ATT BIT, ES eaPAT eabeaT meAHT weather are Te, PTS eae aera & eave ie, af ae arama waren CERT a ae uheafeeg Pee, & (3) May ata ara Sore TR? “f () ae ar igre ree se? vy. Brean ar wae Peters ta. i “ (a) creareh each sat gare &? (a) aremater arrerareh Freel CF fread (Gm) Riga, giftietens orth gate cis () dang sufi rast aD () Re atte aa anf earwatiat (#) fr energy a raiering ot