In which of the following way if a former suit is dismissed, it could not be said of a matter that it was heard and finally decided?
A. 1, 3
B. 2, 4, 5
C. 3, 4, 5
D. All of these
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The defendant shall present his written statement within . . . . . . . . days from the service of summons upon him.
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Which of the following is the true meaning of the term Legal Representative under the Code of Civil Procedure 1908?
A. A person who in law represents the estate of a deceased person
B. Any person who intermeddles with the estate of the deceased and where a party sues in a representative character the person on whom the estate devolves on the death of a party so suing
C. Any person who intermeddles with the estate of the deceased and where a party is sued in a representative character the person on whom the estate devolves on the death of a party so sued
D. All of the above
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A decision on issue of law:
A. Shall always operate as res-judicata
B. Shall never operate as res-judicata
C. May or may not operate as res-judicata
D. Either A or B
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According to Order 2 Rule 3 of Code of Civil Procedure, a plaintiff may unite in the same suit several . . . . . . . . against the same defendant.
A. Issues
B. Claims
C. Causes of actions
D. Debts
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A files a suit for declaration that he is entitled to certain land as the heir of C. The suit is dismissed. Subsequently suit is claimed on the basis of adverse possession; subsequent suit is barred on the ground of
A. Constructive res-judicata
B. Actual res-judicata
C. Either A or B
D. None of the above
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Any party may address oral arguments in his case and before the conclusion of oral arguments can submit written arguments and such written arguments
A. Shall form part of record
B. Shall not form part of the record
C. Shall not form part of the record unless it follows affidavit
D. Shall form of the record only if the court directs
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In cases where there are more than one defendant, a suit can be instituted in a court within whose local jurisdiction
A. Each of the defendant at the time of commencement of the suit, actually and voluntarily resides or carries on business or personally works for gain
B. Any of the defendant, at the time of the commencement of the suit, actually and voluntarily resides, or carries on business, or personally works for gain and the defendant(s) not so residing etc. acquiesce
C. Both A and B are correct
D. Only A and not B
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A suit is dismissed wrongly on the ground of being barred by limitation. The order of dismissal would operate as res judicata and bar a subsequent suit on the same cause of action.
A. The above statement is true
B. The above statement is false
C. It would depend upon the facts and circumstances of each case
D. None of these
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Which of the following deals with the production of document on which plaintiff sues or relies in the Code of Civil Procedure?
A. Order 5, Rule 30
B. Order 4, Rule 13
C. Order 6, Rule 10
D. Order 7, Rule 14
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Costs under section 35A of Code of Civil Procedure can be imposed
A. In an appeal
B. In a revision
C. Both in an appeal and a revision
D. Neither in an appeal nor in a revision
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The rule of res sub judice as provided in Section 10 of Civil Procedure Code:
A. Stays the trial of the subsequent suit
B. Stays the trial of the previous suit
C. Prevents simultaneous hearing of previous and subsequent suits under all the circumstances
D. Stays the institution of the subsequent suit
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Revision Petition is not maintainable against the Interlocutory Orders is mentioned under which section of the Code of Civil Procedure
A. Section 115
B. Section 94
C. Section 96
D. Section 112
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A witness who has already been examined can be recalled under Order 18, Rule 17 of Code of Civil Procedure
A. By the party calling the witness
B. By the opposite party
C. By the Court
D. None of the above
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The general power to transfer suits under section 24 has been granted to:
A. High Court
B. District Court
C. Both A and B
D. Supreme Court
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Precept is:
A. A transfer of the decree
B. An order to another competent court to attach any property of the judgement debtor
C. An execution of decree
D. None of the above
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Arrest of a person in execution of a decree has been provided
A. Under Section 53 of the Code of Civil Procedure
B. Under Section 54 of the Code of Civil Procedure
C. Under Section 56 of the Code of Civil Procedure
D. Under Section 55 of the Code of Civil Procedure
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Which of the following cannot be attached before judgment
A. Agricultural produce
B. Production of agricultural produce
C. Both A and B
D. Only B and not A
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Where an order for compensation against the plaintiff is passed under section 95 of Code of Civil Procedure, section 95(2) of Code of Civil Procedure provides that
A. A suit for compensation in respect of such arrest, attachment or injunction lies
B. A suit for compensation in respect of such arrest, attachment or injunction is barred
C. The amount of compensation awarded shall be adjusted in the amount of compensation awarded in a suit for compensation in respect of such arrest, attachment or injunction
D. The amount of compensation awarded shall be of no consequences and the court can award compensation independently in a suit for compensation in respect of such arrest, attachment or injunction
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As per Order 2 Rule 1 Code of Civil Procedure, every suit shall as far as practicable be framed so as to:
A. Afford ground for final decision
B. To prevent further litigation
C. Both A and B
D. None of the above
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