The principle of 'constructive res judicata' has been provided under which Section of the Code of Civil Procedure, 1908?
A. Section 11, Explanation I
B. Section 11, Explanation VI
C. Section 11, Explanation VIII
D. Section 11, Explanation IV
Select an option to see the answer and solution.
Attachment before judgment under Order XXXVIII, Rule 5 of Code of Civil Procedure can be in respect of
A. Movable property
B. Immovable property
C. Both A and B
D. Only B and not A
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A decree shall not operate as resjudicata when
A. Judgment is passed by a Court which does not have subject jurisdiction
B. Judgment is obtained by fraud
C. If collusion is proved between parties
D. All these
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If the appeal is heard by a single judge bench of a High Court, where does further appeal lie
A. Only to the S. C.
B. No further appeal
C. By division bench of H. C.
D. None of these
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Which one of the following sections of the Civil Procedure Code, 1908 deals with the essence of this code that "Objections as to local or pecuniary jurisdiction shall be raised at the first opportunity"
A. Section 21
B. Section 22
C. Section 24
D. Section 25
Select an option to see the answer and solution.
A party can amend his pleading as provided under:
A. Order 6, Rule 16
B. Order 6, Rule 18
C. Order 6, Rule 17
D. Order 6, Rule 6
Select an option to see the answer and solution.
Abatement of proceedings is governed
A. By Order XXII of Code of Civil Procedure
B. By Order XXIII of Code of Civil Procedure
C. By Order XXIV of Code of Civil Procedure
D. By Order XXVII of Code of Civil Procedure
Select an option to see the answer and solution.
Under Order IX, Rule 4 of Code of Civil Procedure a suit can be restored if dismissed
A. Under Order IX, Rule 2 of Code of Civil Procedure
B. Under Order IX, Rule 3 of Code of Civil Procedure
C. Under Order IX, Rule 8 of Code of Civil Procedure
D. Only under A and B
Select an option to see the answer and solution.
Which of the following deals with non-compliance with order for discovery in the Code of Civil Procedure?
A. Order 16, Rule 2
B. Order 4, Rule 13
C. Order 6, Rule 10
D. Order 11, Rule 21
Select an option to see the answer and solution.
Right to appeal from every original decree has been provided under
A. Section 94 of Code of Civil Procedure
B. Section 95 of Code of Civil Procedure
C. Section 96 of Code of Civil Procedure
D. Section 100 of Code of Civil Procedure
Select an option to see the answer and solution.
With respect to the principle of res-judicata which of the following is not correct
A. Ex-parte decree will operate as res-judicata
B. Writ petition dismissed on merits operates as res-judicata
C. Writ petition dismissed in limine operates as res-judicata
D. Both A and C
Select an option to see the answer and solution.
Which of the following types of allegation constitute jurisdictional errors?
A. Exercise of jurisdiction not vested in the court below by the law
B. A jurisdiction vested in it by law was failed to be exercised and/or has acted in the exercise of its jurisdiction illegally or with material irregularity
C. Either A or B
D. None of these
Select an option to see the answer and solution.
A court may issue a commission to:
A. Make local investigation
B. Make partition
C. Adjust accounts
D. All of the above
Select an option to see the answer and solution.
Issues in a civil suit are framed:
A. When plaint is filed
B. After written statement is filed
C. After affidavit by way of evidence has been filed by the plaintiff
D. Before final arguments
Select an option to see the answer and solution.
Match
List-I with
List-II and select the correct answer:
List I
List II
a. Objections to jurisdiction
1. Razia Begam v. Sahebjadi Anwar Begam
b. Addition of Parties
2. Kiran Singh v. Chaman Paswan
c. Constructive res judicata
3. American Cyanamid Co. v. Ethicon Ltd.
d. Temporary injunction
4. Workmen v. Board of Trustees, Cochin Port Trust
A. a-2, b-1, c-4, d-3
B. a-1, b-3, c-2, d-4
C. a-4, b-2, c-3, d-1
D. a-3, b-4, c-1, d-2
Select an option to see the answer and solution.
In which of the following ways section 73 differs from the corresponding section 295 of the Code of Civil Procedure, 1882?
1. The words, 'where assets are held by a court,' have been substituted for words, 'whenever assets are realised by sale or otherwise in execution of a degree.'
2. The words, 'before the receipt of such assets,' have been substituted for the words, 'prior to the realisation'
3. The words, 'by which such assets are held' are omitted after the words 'made application to the court'
4. The word, 'passed' has been added after the word, 'money'
5. The words, 'interest in,' in cl. (b) have been substituted for the words, 'right against' to bring the wording of that clause into line with the Transfer of Property Act, 1882. This is a mere verbal alteration
A. 1, 3
B. 2, 4
C. 4, 5
D. All of these
Select an option to see the answer and solution.
In a suit for recovery instituted by A against B, despite the summons of suit having been duly served upon B, he did not appear on the date fixed in the summons on 1st March 1993. The court consequently on 1st March 1993 passed an ex parte order against B and listed the case for 3rd April 1993 for ex parte evidence of A.
A. B can participate in further proceedings of the case
B. B can seek setting aside of the ex parte order if he is able to show good cause for his non-appearance
C. Both A and B are correct
D. Both A and B are incorrect
Select an option to see the answer and solution.
The rule of res judicata is based on the principle that:
A. There should be an end to litigation
B. No one should be troubled twice for the same cause of action
C. Both A and B
D. Neither C nor D
Select an option to see the answer and solution.
A suit dismissed under Order IX, Rule 8 of Code of Civil Procedure for non-appearance of the plaintiff can be restored under:
A. Order IX, Rule 9
B. Order IX, Rule 10
C. Order IX, Rule 11
D. None of the above
Select an option to see the answer and solution.
Dasti summons for service on the defendant can be given to the plaintiff under:
A. Order V Rule 9A, Code of Civil Procedure
B. Order V Rule 9, Code of Civil Procedure
C. Order IV Rule 7, Code of Civil Procedure
D. Order VI Rule 6, Code of Civil Procedure
Select an option to see the answer and solution.