The sections of the Code of Civil Procedure, 1908 can be amended by the
A. High Court
B. Supreme Court
C. Attorney General
D. Parliament
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In an Inter-pleader suit, the plaintiff claims:
A. Interest in the subject matter of the suit
B. No interest in the subject matter of the suit except charges or costs
C. No interest in the subject matter of the suit also not claims charges or costs
D. None of the above
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Order XII, Rule 6, permits the court to pass judgment on the basis of statement made by the parties
A. In the pleadings
B. In any document
C. In the statement recorded in the court
D. Either A or B or C
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A alleging that he is the adopted son of X, sues B to recover certain property granted to him by X, under a deed and forming part of X's estate. The court finds that A is not the adopted son of X, but he is entitled to the property under the deed and a decree is passed for A. The finding that A is not the adopted son of X:
A. Will not operate as res judicata in a subsequent suit between A and B in which the question of adoption is again put in issue
B. Will operate as res judicata in a subsequent suit between A and B
C. Depends on the court's discretion
D. None of the above
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In law, the term 'restitution' is used in which of the following senses?
A. Return or restoration of some specific thing to its rightful owner or status
B. Compensation for benefits derived from a wrong done to another
C. Compensation or reparation for the loss caused to another
D. All of these
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Where the serving officer delivers or tenders a copy of the summons to the defendant personally or to his agent, he must require such a person to sign an acknowledgement of service to be endorsed on the original summons. Then:
A. The copy of the summons will be delivered to the defendant
B. The original summons with the defendant's signature thereon, will be returned to the court
C. Both A and B
D. The original summons with the defendant's signature thereon, will be returned to the plaintiff
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Decree for payment of money passed against a woman cannot be executed:
A. By proceeding against her legal representatives, if she dies
B. By attachment and sale of her property
C. By appointing a receiver
D. By her arrest and detention in prison
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The provisions relating to particulars of the written statement and counter claim is in:
A. Order 8 of Code of Civil Procedure
B. Order 9 of Code of Civil Procedure
C. Order 10 of Code of Civil Procedure
D. Order 11 of Code of Civil Procedure
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The Court can issue a Commission for Scientific investigation under
A. Rule 10-A of Order 26 of Code of Civil Procedure
B. Rule 10-B of Order 26 of Code of Civil Procedure
C. Rule 10-C of Order 26 of Code of Civil Procedure
D. Rule 11 of Order 26 of Code of Civil Procedure
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On which ground plaint can not be rejected?
A. Where it does not disclose cause of Action
B. Plaint is filed in such court which does not have jurisdiction to try the suit
C. Where suit appears to be barred by Law
D. Where plaint is not filed in duplicate
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To compel the attendance of a person to whom a summon has been issued under Section 30 of Code of Civil Procedure, 1908, the court is empowered to impose upon him fine not exceeding . . . . . . . . rupees
A. 500/-
B. 1000/-
C. 5000/-
D. 3000/-
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Which of the following statements is incorrect?
A. Where issues both of law and of fact arise and if the court is of opinion that the case may be disposed of on an issue relating to jurisdiction, it may postpone the settlement of other issues until after the issue of jurisdiction has been determined
B. Where a suit may be disposed of on preliminary issue, the court need not pronounce judgment on other issues settled in the case
C. The preliminary issue may relate to a bar to the suit created and law for the time being in force
D. None of these
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An order to appoint Court Commissioner is sought for recording statements of witnesses in the proceedings filed for interim injunction under Order 39, Rule 1 and 2, Code of Civil Procedure
A. You will reject the application as not maintainable
B. You will grant the application as permissible
C. You will pass alternative order for recording statements by visiting the Spot and to give report of fact finding on basis of such statement
D. You will yourself proceed to record such statements
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Which of the following deals with the procedure where defendant only appears in the Code of Civil Procedure?
A. Order 5, Rule 30
B. Order 9, Rule 8
C. Order 6, Rule 10
D. Order 10, Rule 22
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Section 35, 35A and 95 Code of Civil Procedure deals with three different aspects of the award of costs and compensation. The limit under each of the Section is enumerated below. Find the correct limit for award of cost and compensation:
A. No upper limit, Rs. 3,000, Rs. 50,000
B. Rs. 50,000, No upper limit, Rs. 3,000
C. Rs. 3,000, Rs. 50,000 No upper limit
D. There is no limit in any of the Section
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Which of the following statement is correct?
1. An appeal may lie from an original decree passed ex parte
2. No appeal shall lie from a decree passed by the Court with the consent of parties
3. No appeal shall lie on a question of law
A. Only 1
B. Only 2
C. Only 3
D. Both 1 and 2
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Name the provision of the Code of Civil Procedure inserted by the Amendment Act, 1999, the object of which is to promote alternate method of dispute resolution:
A. Section 89
B. Section 144
C. Section 152
D. Section 158
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Order 7, Rule 10 to 10B provides for:
A. Return of Plaint
B. Admission of Plaint
C. Rejection of Plaint
D. Documents relied on in Plaint
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Which of the following suits is of civil nature?
A. Suits relating to right to property
B. Suits relating to right of worship
C. Suits for damages for civil wrongs
D. All of the above
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Under . . . . . . . . redemption of mortgage can be sought by anyone of the legal representatives after death of mortgagor
A. Order 34 Rule 1 Code of Civil Procedure
B. Order 33 Rule 1 Code of Civil Procedure
C. Order 32 Rule 1 Code of Civil Procedure
D. Order 31 Rule 1 Code of Civil Procedure
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