Documents which are meant for cross-examining a witness of the other party or meant for refreshing the memory of the witness, may be produced
A. At or before the settlement of issues
B. After the settlement of issues
C. At the time when they are required
D. None of the above
Select an option to see the answer and solution.
The date of decree is the date on which
A. The date the decree is pronounced
B. The date it is written
C. The day it pronounced but not written or signed
D. The day it pronounced and signed by the judge
Select an option to see the answer and solution.
Which of the following statements is correct?
A. Where on the death of a defendant the right to sue survive against the other surviving defendant alone, the case may proceed against the surviving defendant
B. Where on the death of a defendant the right to sue does not survive against the other surviving defendant alone, the case shall abate against the deceased defendant if no application is made within the time limited by law for the legal representative of the deceased defendant to be made a party
C. There shall be no abatement by reason of death of either party between the conclusion of the hearing and the pronouncing of the judgment
D. All these
Select an option to see the answer and solution.
A petition for review of judgement would lie only when-
A. The person partly obeyed the judgement
B. Deposits entire decretal amount
C. An appeal is allowed by Code of Civil Procedure but no appeal has been preferred
D. Leave of the Court is obtained for filing review
Select an option to see the answer and solution.
Under Order VII, Rule 14 of Code of Civil Procedure, the documents
A. Must be filed alongwith the plaint
B. Can be filed at the time of framing of issues
C. Can be filed at any time after the framing of issue
D. During the evidence
Select an option to see the answer and solution.
Every suit by a minor shall be instituted in the name of
A. The minor
B. The guardian of the minor
C. The next friend of the minor
D. Both B and C
Select an option to see the answer and solution.
Ram was dispossessed from his house by Shyam for a year. Ram files a suit for possession against Shyam but did not included claim for for damages in it. For claiming damages Ram:
A. Could file a new suit
B. Could not file a new suit
C. Could file a new suit with permission of the court
D. None of the above
Select an option to see the answer and solution.
Where the summons to the defendant(s) is returned unserved and the plaintiff fails to apply for issuance of fresh summons to the defendant within 7 days of the return, the suit of the plaintiff is liable to be
A. Rejected under Order VII, Rule 11 of Code of Civil Procedure
B. Dismissed under Order IX, Rule 2 of Code of Civil Procedure
C. Dismissed under Order IX, Rule 5 of Code of Civil Procedure
D. Either A or B or C
Select an option to see the answer and solution.
Which of the following properties of the judgment debtor would be liable to attachment and sale in execution of decree?
A. Books of account
B. Shares in a corporation
C. Personal ornaments
D. Tools of artisans
Select an option to see the answer and solution.
Is it possible to attach a mortgage decree under Order 21, Rule 53?
A. Yes
B. No
C. Order 21 Rule 53 pertains to garnishee
D. None of the above
Select an option to see the answer and solution.
Suit was filed on 20th November 2012 and it has been specifically pleaded that cause of action arose on 06th October 2012. Defendant appeared and without filing written statement he filed an application under Order 7 Rule 11 Code of Civil Procedure on the ground that suit is barred by Limitation. State what is the correct legal position?
A. Application under Order 7 Rule 11 Code of Civil Procedure is not maintainable because written statement should be filed firstly
B. Plaint shall be rejected because suit is barred by Law of Limitation
C. Dismissed of application will be proper. Objection could not be decided without recording evidence of parties
D. Application should be allowed because plaint does not disclose correct cause of action
Select an option to see the answer and solution.
Right to lodge a caveat under the Code of Civil Procedure, 1908 has been inserted in
A. Section 138
B. Section 128
C. Section 158
D. Section 148A
Select an option to see the answer and solution.
Application under Order 9, Rule 7 of Code of Civil Procedure to set aside the order of ex parte proceeding may be filed
A. Within 30 days
B. Within 60 days
C. Within 90 days
D. At or before the date fixed for hearing
Select an option to see the answer and solution.
The term "prescribed" under Section 2(16) of Civil Procedure Code, 1908 means
A. Prescribed by court
B. Prescribed by society
C. Prescribed by rules
D. None of the above
Select an option to see the answer and solution.
Under Order XXXII, Rule 9 of the Code of Civil Procedure, a next friend of a minor can be removed:
A. If he ceases to reside in India during the pendency of the suit
B. Where has interest becomes adverse to that of the minor
C. Where he does not do his duty
D. For any of the above reasons
Select an option to see the answer and solution.
An order of stay under Section 10 of the Code of Civil Procedure occurred. Then the court appointed a receiver after the stay of suit. Is it proper?
A. Yes
B. No
C. Section 10 of the Code of Civil Procedure provides for the foreign judgment
D. None of the above
Select an option to see the answer and solution.
Which of the following deals with enforcement of liability of surety in the Code of Civil Procedure?
A. Section 145
B. Section 103
C. Section 148
D. Section 153
Select an option to see the answer and solution.
The cross-examination of a witness in attendance whose Examination-in-Chief has been furnished by affidavit, under Order XVIII, Rule 4(2) of Code of Civil Procedure shall be taken
A. By the court
B. By the Commissioner appointed by the court
C. Either A or B
D. Only A and not B
Select an option to see the answer and solution.
Which of the following deals with powers of Appellate Court in the Code of Civil Procedure?
A. Section 111
B. Section 103
C. Section 108
D. Section 107
Select an option to see the answer and solution.
In the Code of Civil Procedure, a Civil Court can direct attachment before judgment in respect of any property, in a proceeding pending before it, in accordance with the provisions which are contained in;
A. Order XXXVII
B. Order XXXVIII
C. Order XXXIX
D. Order LX
Select an option to see the answer and solution.