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Law · Q279

Code Of Civil Procedure

Graduate and Post Graduate · Law · question 279

Q279

Where a suit plaint seeking relief of possession of an immovable property is rejected under Order VII Rule 11 Code of Civil Procedure, whether filing of a fresh suit is barred?

A.
No, filing of a suit is not barred provided the fresh suit is filed within the period of limitation
Answer
B.
No, filing of a fresh suit is not barred provided where a notice under Section 6 of the Specific Relief Act is served before filing of the fresh suit
C.
No, filing of a fresh suit is not barred only if the earlier suit was filed before commencing of the Civil Procedure Code as amended by Act 22 of 2002
D.
Filing of a fresh suit is barred if the earlier suit/plaint was rejected by the High Court and confirmed by the Supreme Court, and not by a District Court

Answer: Option A

Solution

Answer: Option A
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