The essential elements of a decree:
A. These must be an adjudication
B. The determination must be of a conclusive nature
C. The adjudication must have been done in a suit
D. All of the above
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Order VIII Rule 1 of the Code of Civil Procedure mandates that the defendant shall file the written statement of his defence within:
A. 60 days from the date of service of summons
B. 90 days from the date of service of summons
C. 30 days from the date of service of summons
D. 10 days from the date of service of summons
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After the passing of a decree for payment of money, on the application of the Judgment debtor, Court shall not order that payment of the amount of decree shall be made by instalments-
A. Without recording evidence of both parties
B. Without obtaining affidavits from both parties
C. Without obtaining the documents regarding the financial condition of the Judgment-debtor
D. Without the consent of decree-holder
Select an option to see the answer and solution.
In execution of decree against legal representatives, the liability of the legal representative under section 50 of Code of Civil Procedure
A. Is limited to the extent of the property of the deceased inherited by him
B. Is not limited to the extent of the property inherited but extends to his personal property
C. Extends to his personal property in cases where he has not inherited anything
D. Either B or C
Select an option to see the answer and solution.
Plaintiff may bring fresh suitor Court may restore suit to file under which of the following in the Code of Civil Procedure?
A. Order 5, Rule 30
B. Order 9, Rule 4
C. Order 6, Rule 10
D. Order 10, Rule 22
Select an option to see the answer and solution.
Essential condition provided under section 100(1) of Code of Civil Procedure for preferring second appeal is
A. Substantial question of fact
B. Substantial question of law
C. Error regarding jurisdiction
D. Subject matter of public importance
Select an option to see the answer and solution.
While considering whether an amendment is to be granted or not
A. The court does not go into the merits of the matter and decides whether or not the claim made therein is bona fide or not
B. The court goes into the merits of the matter and decides . . . . . . . .
C. The court may not go into the merits of the matter and decide . . . . . . . .
D. None of the above
Select an option to see the answer and solution.
Under the provision of Civil Procedure Code plea of adverse possession is a defence available
A. Only to plaintiff against defendant
B. Only to defendant against plaintiff
C. Both plaintiff and defendant
D. Only to movable property
E. Only immovable property
Select an option to see the answer and solution.
A judgment-debtor is arrested in execution of a decree for the payment of money and the Judgment-debtor pays the amount of the decree and the costs of the arrest to the officer arresting him, such officer-
A. Shall send the judgment-debtor to civil prison
B. Shall take judgment-debtor to the court
C. Shall at once release him
D. Shall release him after taking security from him
Select an option to see the answer and solution.
A suit in respect of public charities is provided under
A. Section 92 of Code of Civil Procedure
B. Section 41 of Code of Civil Procedure
C. Section 100 of Code of Civil Procedure
D. Section 105 of Code of Civil Procedure
Select an option to see the answer and solution.
The Sections in the Code of Civil Procedure
A. Can be amended by the Parliament
B. Can be amended by a High Court or the State Legislature
C. Can be amended by the Court hearing the suit
D. Can be amended by the parties to the suit
Select an option to see the answer and solution.
Court may order any document to be impounded under which of the following in the Code of Civil Procedure?
A. Order 17, Rule 5
B. Order 4, Rule 13
C. Order 6, Rule 10
D. Order 13, Rule 8
Select an option to see the answer and solution.
Under section 10, Code of Civil Procedure, 1908, a court during pendency of a suit before it
A. Can entertain and try second suit
B. Cannot entertain and proceed to try second suit
C. Shall not proceed to try though may entertain second suit
D. Neither can entertain nor shall proceed for second suit
Select an option to see the answer and solution.
Injunction is granted under which provision of the Civil Procedure Code, 1908 . . . . . . . .
A. Section 115
B. Order XXXIX, Rule 1
C. Section 96
D. None of the above
Select an option to see the answer and solution.
Under which provision, a pleader has a duty to inform the court about the death of parties:
A. Order 22, Rule 1, Code of Civil Procedure
B. Order 22, Rule 4A, Code of Civil Procedure
C. Order 22, Rule 8, Code of Civil Procedure
D. Order 22, Rule 10A, Code of Civil Procedure
Select an option to see the answer and solution.
Under Section 13 of Code of Civil Procedure which of the following judgments shall not be conclusive?
A. Judgment not on merit
B. Judgment founded on breach of Indian law
C. Judgment against International law
D. All of the above
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When a suit is filed against a minor represented by his guardian, the decree passed in the suit:
A. Will not operate as res judicata
B. Will operate as res judicata
C. Will not be binding on the minor if he files a suit on the same cause of action within one year of becoming a major
D. None of the above
Select an option to see the answer and solution.
The sentence passed by the criminal court against Nanavathi was pardoned by the Governor even though the case was pending in the Supreme Court. Was it proper?
A. Yes
B. No
C. Supreme Court did not express any opinion
D. None of the above
Select an option to see the answer and solution.
In the Code of Civil Procedure, an ex parte decree can be set aside:
A. Under Order IX Rule 5
B. Under Order IX Rule 10
C. Under Order IX Rule 13
D. Under Order IX Rule 11
Select an option to see the answer and solution.
A' files a suit for partition in the High Court of Delhi against her brother 'B'. 'B' relies upon a Will executed by his father bequeathing the entire estate in his favour.
A. B has to necessary file counter claim seeking probate of the Will
B. An issue will be framed as to the genuineness and validity of the Will, which 'B' can establish without seeking probate
C. B' has to necessarily file a separate probate petition
D. The suit for partition will be stayed until B obtains a probate
Select an option to see the answer and solution.