Assertion (A): The rule of constructive res judicata is applicable to writ petitions.Reason (R): Public policy considerations underlying res judicata also hold true in relation to writ proceedings.
A. Both A and R are true and R is the correct explanation of A
B. Both A and R are true but R is not the correct explanation of A
C. A is true but R is false
D. A is false but R is true
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Which of the following deals with the publication of rules in the Code of Civil Procedure?
A. Section 122
B. Section 127
C. Section 124
D. Section 129
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Counter claim and set off is under
A. Criminal Procedure Code
B. Evidence Act
C. Civil Procedure Code
D. Partnership Act
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The principle of Res Judicata
A. Applies to criminal proceedings also
B. Applies to suit only
C. Applies to execution proceedings also
D. Can be decided by the parties to the suit
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The nature of Revision under Code of Civil Procedure is that
A. It operates as a stay of the proceedings
B. It operates as a stay of a suit
C. It operates as a stay of proceedings and suit both
D. It shall not operate as a stay of the suit or proceedings except where such suit or proceedings is stayed by the High Court
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Which one of the following modes of settlement of disputes outside the Court has been provided in Section 89 of Code of Civil Procedure?
A. Arbitration
B. Conciliation
C. Negotiation
D. Mediation
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Who has right to make an application for amendment of judgements and orders under Section 152 of Code of Civil Procedure
A. Person aggrieved
B. Person aggrieved with permission of court
C. Any of the parties
D. Government Pleader
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Code of Civil Procedure: The appellant does not appear when the appeal called on for hearing, in that circumstances which is correct of the following statement
A. The court may make an order that the appeal be dismissed
B. The court shall dispose of the appeal on merits
C. The court shall pass an order on merits after hearing the respondent
D. All of these
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A suit for partition contains which of the following decree?
A. Preliminary decree
B. Intermediate decree
C. Final decree
D. Both a and C
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A residing in Delhi publishes in Kolkata statements defamatory of B. B may sue A in
A. Delhi only
B. Kolkata only
C. Either Delhi or Kolkata
D. Anywhere in India with the leave of the court
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(A) Women, who due to the customs and manners of the country, ought not be compelled to appear in public are exempted from personal appearance in Court. (B) However nothing shall be deemed to exempt such women from arrest in execution of civil process in any case in which the arrest of women is not prohibited by the Code of Civil Procedure.
A. Both (A) and (B) of the above statement are correct
B. Only (A) of the above statement is correct
C. Only (B) of the above statement is correct
D. Neither (A) nor (B) is correct
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If court is satisfied that a case pending before it involves a question as to validity of any Act, the Court should
A. Decide the validity of Act
B. Refer the matter to the High Court
C. High Court should exercise power to revision
D. Refer to Supreme Court for advice
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The term 'mesne profit' has been defined under which Section of the Code of Civil Procedure, 1908?
A. Section 2(13)
B. Section 2(14)
C. Section 2(18)
D. Section 2(12)
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Under Section 47 of the Code of Civil Procedure, which question does not relate to the execution, discharge or satisfaction of decree?
A. Whether a decree is executable?
B. Whether the property is liable to be sold in execution of the decree?
C. Whether the decree is fully satisfied?
D. Whether the decree is fraudulent or collusive?
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Under Order IV, Rule 1(3) of Code of Civil Procedure, a plaint shall not be deemed to be properly instituted if it does not comply-with the rules contained in
A. Order IV, Rule 1(1) and 1(2) of Code of Civil Procedure
B. Order VI of Code of Civil Procedure
C. Order VII of Code of Civil Procedure
D. Either A or B or C
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Summons to be either to settle issues or for final disposal are dealt under:
A. Order 7, Rule 3
B. Order 2, Rule 2
C. Order 6, Rule 10
D. Order 5, Rule 5
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Under Code of Civil Procedure 1908, if the court finds at any stage that it has no pecuniary jurisdiction with respect to the subject matter of the suit, it will
A. Dismiss the suit
B. Proceed with the suit
C. Amend the suit
D. Return the suit
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How many time period can be extended in aggregate by the court under Rule 5 of Order XXVII of the Code of Civil Procedure, 1908?
A. Not exceeding 30 days
B. Not exceeding 15 days
C. Not exceeding 2 Months
D. Not exceeding 3 months
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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
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
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Amendment allowed under Order VI, Rule 17 of Code of Civil Procedure must be carried on, in cases no time is fixed for carrying on the amendment, within
A. 10 days
B. 14 days
C. 15 days
D. 30 days
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