In a suit for partition three defendants were set ex parte. Preliminary decree was passed. On the application of one of the three defendants the Court set aside the decree as against all the defendants. The order of the court is
A. Legal
B. Irregular
C. Unjustified
D. Illegal
Select an option to see the answer and solution.
Which of the following with the power of High Court to determine issues of fact in the Code of Civil Procedure?
A. Section 111
B. Section 105
C. Section 108
D. Section 103
Select an option to see the answer and solution.
Under Section 115 of the Civil Procedure Code, revision may lie to
A. The Supreme Court
B. The High Court
C. District Court
D. All of the above
Select an option to see the answer and solution.
A plaintiff can file a second suit on the subject matter of an earlier suit filed by him:
A. Where the earlier suit was unconditionally withdrawn
B. Where the first suit was dismissed in fault in the presence of the defendant, subject to law of limitation
C. Where the first suit was dismissed on merits but the plaintiff feels that the decision in wrong
D. None of the above
Select an option to see the answer and solution.
Order VII Rule 11 of the Code of Civil Procedure provides for
A. Rejection of the plaint
B. Return of the plaint
C. Dismissal of the suit
D. All of the above depending on the facts of the case
Select an option to see the answer and solution.
The doctrine of constructive res judicata is explained in:
A. Section 11, explanation III of Code of Civil Procedure
B. Section 11, explanation IV of Code of Civil Procedure
C. Section 11, explanation V of Code of Civil Procedure
D. Section 11, explanation VI of Code of Civil Procedure
Select an option to see the answer and solution.
A . . . . . . . . is said to take place when the High Court calls for the record of any case decided by a subordinate court and passes an appropriate order.
A. Reference
B. Review
C. Revision
D. Appeal
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Where a decree is passed against the Union of India or a State for the act done in the official capacity of the officer concerned, under Section 82 Code of Civil Procedure, execution shall not be issued on any such decree unless the decree remains unsatisfied for a period of
A. 3 months from the date of the decree
B. 6 months from the date of the decree
C. 1 year from the date of the decree
D. 2 years from the date of the decree
Select an option to see the answer and solution.
Which of the following deals with order to apply to minors in the Code of Civil Procedure?
A. Order 16, Rule 10
B. Order 11, Rule 23
C. Order 6, Rule 10
D. Order 13, Rule 22
Select an option to see the answer and solution.
Which is not a decree?
A. Rejection of a plaint
B. Order of dismissal for default
C. Determination of any question within section 144 of Code of Civil Procedure
D. Conclusive adjudication that determines the rights of the parties with regard to all or any of the matters in controversy in the suit
Select an option to see the answer and solution.
Maximum period of detention where the decree is for more than Rs. 5,000 is
A. Six weeks
B. Two months
C. Three months
D. Six months
Select an option to see the answer and solution.
A decision or finding given by a Court or a Tribunal without jurisdiction:
A. Can operate as res judicata under all circumstances
B. Cannot operate as res judicata
C. Cannot operate as res judicata under certain circumstances only
D. May operate as res judicata or may not operate as res judicata
Select an option to see the answer and solution.
A person claiming a right to appear before the court may lodge a caveat under which provision of the Civil Procedure Code, 1908 . . . . . . . .
A. Section 148
B. Section 148A
C. Section 151
D. None of the above
Select an option to see the answer and solution.
Under which explanation of Section 11 of the Code of Civil Procedure, 1908, Constructive Res Judicata has been explained?
A. Explanation-I
B. Explanation-II
C. Explanation-III
D. Explanation-IV
Select an option to see the answer and solution.
On the ground of jurisdiction, under section 13 of Code of Civil Procedure
A. Only a judgment in personam can be challenged
B. Only a judgment in rem can be challenged
C. Both judgment in personam and judgment in rem, can be challenged
D. Neither a judgment in personam nor judgment in rem can be challenged
Select an option to see the answer and solution.
The Court may impose a fine for default upon a person required to give evidence or to produce documents directed under Section30(b) of Code of Civil Procedure, and such fine as per Section 32(c) is not to exceed
A. Rs. 500
B. Rs. 1,000
C. Rs. 5,000
D. Rs. 10,000
Select an option to see the answer and solution.
A suit for damages for breach of contract can be filed at a place:
A. Where the contract was executed
B. Where the contract was to be performed
C. Where the plaintiff resides
D. Both A and B
Select an option to see the answer and solution.
Mark the incorrect statement:
A. The mesne profits are a compensation which is penal in nature
B. The object of awarding a decree for mesne profits is to compensate the person who has been kept out of possession and deprived of enjoyment of his property
C. Wrongful possession by the defendant is the essence of a claim for mesne profits
D. Mesne profits can be claimed in respect of both movable and immovable property
Select an option to see the answer and solution.
Certain topics under the Code of Civil Procedure are described hereunder in
List-I while their Section/Order numbers are mentioned in
List-Il , Match the entries of
List-I and
List-Il and write the correct answer:
List I List II
a. Affidavit
1. Order 26
b. Arrest before Judgement
2. Order 33
c. Commission to examine witnesses
3. Order 19
d. Suit by indigent persons
4. Order 38
A. a-2, b-1, c-3, d-4
B. a-3, b-2, c-1, d-4
C. a-3, b-4, c-1, d-2
D. a-1, b-2, c-3, d-4
Select an option to see the answer and solution.
For the examination of a person who is a resident within the local limits of jurisdiction of a court, commission
A. Can be issued under Order XXVI, Rule 4 of Code of Civil Procedure
B. Can be issued under Order XXVI, Rule 4A of Code of Civil Procedure
C. Can be issued under either A or B
D. Cannot be issued under either A or B
Select an option to see the answer and solution.
