Ordinarily an amendment of pleading in a suit may be carried out by the contesting parties under Order VI Rule 17 of the Code of Civil Procedure 1908.The court may allow the amendment:
A. 1 and 2
B. 2 and 3
C. 3 and 4
D. 1 only
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Under Order 8 Rule 6 Code of Civil Procedure set-off may be permitted if-
A. The suit is for recovery of property
B. Set-off claimed by the defendant is ascertained sum of money
C. Value of property recoverable is less than rupees two lacs
D. Defendant presents a written statement of the suit
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On rejection of a suit under Order VII, Rule 11 of Code of Civil Procedure, a fresh suit on the same cause of action under Order VII, Rule 13 of Code of Civil Procedure
A. Is barred under all circumstances
B. Is not barred at all
C. Can be filed with the leave of the court
D. Either B or C
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Mesne profits as defined under section 2(12) Code of Civil Procedure means those profits which the person in wrongful possession of
A. Such property actually received or might have received together with interest
B. Property actually received including profits due to improvements made by such person
C. Such property actually received or might have received but without any interest on such profits
D. Such property actually received
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A' granted an injunction restraining 'B' from use of a trade mark. 'A' alleged that 'B' had willfully disobeyed the injunction order. 'B' pleaded that he had no knowledge of the injunction order. Evidence was non conclusive. The Court shall order
A. Property to 'B' to be attached
B. 'B' to be detained in civil prison
C. 'B' to compensate 'A' by damages
D. None of these
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Under Order XVIII, Rule 4(4) of Code of Civil Procedure, the objection raised during the recording of evidence by the Commissioner
A. Shall be recorded by him and decided by him
B. Shall be recorded by him and decided by the court at the stage of arguments
C. Shall be recorded by him and referred to the court immediately for deciding further with the recording of evidence
D. Shall be recorded by him and decided by him in consultation with the court
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In which of the following cases cross-objections as between co-respondents can be permitted?
A. The appeal as regards certain parties cannot be disposed of without determining the question between co-respondents
B. Where the objections are common as against the appellant and co-respondent
C. Both A and B
D. None of these
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The property which is not liable to attachment and sale in execution of decree:
A. Government securities
B. Promissory Note
C. Books of Account
D. Bond
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Order 5, Rule 26 provides for summons to be served:
A. By sending it to the political agent appointed by the Central Government in exercise of its foreign jurisdiction
B. Through a court established or continued with power to serve a summon issued under the code
C. Through a court declared by the notification issued by the Central Government, situated in such foreign territory to be one service by which would be deemed to be valid, where there is no such court
D. All of these
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The court ordered for the attachment of agricultural produce. The judgment debtor continued the acts of husbandry, such as, cutting, gathering and storing the produce. Is this proper?
A. Yes
B. No
C. Judgment debtor will be allowed to cut and gather but not store the agricultural produce
D. None of the above
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In which of the following cases it was held that "The second appeal is permissible only if finding is perverse"?
A. Dinesh Kumar v. Yusuf Ali, AIR 2010 SC 2679
B. State v. M. L. Keshari, AIR 2010 SC 2587
C. Bimlesh v. New India Assuarance Co. Lid., AIR 2010 SC 2591
D. Dasrath v. State of Madhya Pradesh, AIR 2010 SC 2592
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In a civil suit, the issues are framed by the
A. Parties
B. Advocates of the parties
C. Representatives of the parties
D. Court
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Costs for causing delay has been provided under
A. Section 35A of Code of Civil Procedure
B. Section 35B of Code of Civil Procedure
C. Section 36 of Code of Civil Procedure
D. Section 35 of Code of Civil Procedure
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Court of small causes, under section 3 of Code of Civil Procedure is subordinate to
A. District Court
B. High Court
C. Both A and B
D. Neither A nor B
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Which of the following deals with the power of Supreme Court to transfer suits, etc. in the Code of Civil Procedure?
A. Section 18
B. Section 20
C. Section 25
D. Section 28
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Revisional jurisdiction of the High Court arises when the subordinate court:
A. Exercised a jurisdiction not vested in it by law
B. Failed to exercise a jurisdiction vested in it by law
C. Acted in the exercise of its jurisdiction illegally
D. All the above
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Legal representative under Section 2(11) of Code of Civil Procedure means a person who is a
A. Relative of parties to the suit
B. Co-sharer of the benefits assuming to the parties to the suit
C. Who in law represents the estate of the deceased
D. None of the above
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Which provision of the Code deals with joinder of causes of action:
A. Order 2 Rule 3
B. Order 2 Rule 2
C. Order 2 Rule 1
D. Order 1 Rule 2
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A preliminary decree:
A. Determines the rights of the parties with regard to some or one of the matters in controversy in the suit but does not completely dispose of the suit
B. Is a stage in working out the rights of the parties which are to be finally adjudicated by a final decree
C. Both A and B
D. Neither A nor B
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Where any period is fixed or granted by the Court for doing an act prescribed by the Code of Civil Procedure, the Court may enlarge such period
A. Not exceeding 90 days in total
B. Not exceeding 30 days in total
C. Not exceeding 60 days in total
D. Not exceeding 120 days in total
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