Every suit shall be instituted in the court of the lowest grade competent to try it. This provision relates to
A. Territorial jurisdiction
B. Pecuniary jurisdiction
C. Both A and B
D. Jurisdiction as to subject-matter
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Which of following types of suit does not come under the scope of section 92 of the Code of Civil Procedure?
A. There is a trust created for public purposes of a charitable or religious nature
B. There is a breach alleged of such trust, or the direction of the court is deemed necessary for the administration of such trust
C. The relief claimed is one or other of the beliefs mentioned in the section
D. All of these
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Which of the following provisions of the Code of Civil Procedure precludes a plaintiff from instituting a fresh suit?
A. Order 9, Rule 9
B. Order 11, Rule 21(2)
C. Order 22, Rule 9
D. All of the above
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Which of the following deals with the Execution of decrees passed by Revenue Court in places to which this Code does not extend in the Code of Civil Procedure?
A. Section 44
B. Section 36
C. Section 40
D. Section 52
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Every decree and order passed by the court is appealable. Is it true?
A. Yes
B. No
C. All orders are appealable but all decrees are not appealable
D. None of the above
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Which one of the following does not find a place under the provision on Sec. 94, Code of Civil Procedure relating to supplemental proceedings?
A. Arrest before judgement
B. Attachment before judgement
C. Temporary injunction
D. Appointment of executors
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The time schedule contained in Order VIII, Rule 1 of Code of Civil Procedure is to be
A. Followed as a rule and departure therefrom shall also be a rule
B. Followed as a rule and departure therefrom would be an exception
C. Followed as a rule and there is no scope for any departure therefrom
D. Followed as an absolute rule as it imposes an embargo on the power of the court to extend the time
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"Mere production of a Photostat copy of a decree of a foreign court is not sufficient. It is required to be certified by a representative of Central Government in America" was held by the Supreme Court in:
A. Narasimha Rao v. Venkata Lakshmi
B. Roshanlal v. R. B. Mohan Singh
C. Venkata Lakshmi v. Narasimha Rao
D. None of the above
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Which of the following does not include in the definition of 'decree' given under Code of Civil Procedure, 1908
A. Rejection of a plaint
B. Determination of question under Section 144 of the Code of Civil Procedure
C. Any order of dismissal for default
D. None of the above
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In which one of the following cases, it is held that "Inherent powers has not been conferred on a court, it is a power inherent in a court"?
A. Rajni Bai v. Kamla Devi
B. Satyabrat Biswas v. Kalyan Kumar Kisku
C. P. C. Jairath v. Amrit Jairath
D. Manohar Lal v. Seth Hiralal
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Default in filing of written statement has been dealt with
A. Under Order VIII, Rule 8 of Code of Civil Procedure
B. Under Order VIII, Rule 9 of Code of Civil Procedure
C. Under Order VIII, Rule 10 of Code of Civil Procedure
D. Under Order VIII, Rule 7 of Code of Civil Procedure
Select an option to see the answer and solution.
A plaint is liable to be returned, when
A. Plaint is on an insufficiently stamped paper
B. Plaint is not filed in duplicate
C. Relief is undervalued in the plaint
D. Plaint is filed in a court having no jurisdiction
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Under Order XVI, Rule 1, sub-rule (4) summons may be obtained by the parties within . . . . . . . . of presenting the list of witnesses
A. 5 days
B. 7 days
C. 9 days
D. 10 days
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Substitution of the legal representatives of either party, in case of death, is permissible
A. When the right to sue survives
B. When the right to sue does not survive
C. When the right to sue may or may not survive
D. All the above
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Examination de bene esse, under Order 18, Rule 16 Code of Civil Procedure means:
A. Examination of a witness before the hearing
B. Examination of a witness after the hearing
C. The court may at any stage of a suit make local inspection and make a memorandum of any relevant fact
D. Witness disabled by any reasons authorizes other person acquainted with facts to depose on his behalf
E. None of these
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Which of the issues under Order XIV, Rule 2 of Code of Civil Procedure can be tried as preliminary issues
A. Issues of fact
B. Issues of law
C. Issues of fact and law
D. Both B and C
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Ordinarily, the judgment shall be pronounced as provided under Order XX, Rule 1 of Code of Civil Procedure, within
A. 15 to 30 days of hearing
B. 5 to 15 days of hearing
C. 30 to 60 days of hearing
D. 30 to 45 days of hearing
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In a commercial suit, the time limit of 120 days for filing of written statement
A. Can be extended, if the Defendant shows adequate reasons for non filing
B. Can be extended at the discretion of the Court
C. Cannot be extended under any circumstances
D. Can be extended with imposition of heavy costs
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Original documents can be returned to the party producing it
A. After the suit is over
B. After the disposal of appeal, if preferred
C. After the period of limitation for filing the appeal, if no appeal is preferred
D. Only B and C are correct
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Under section . . . . . . . . clerical and arithmetical mistakes in judgments can be rectified
A. 152 Code of Civil Procedure
B. 150 Code of Civil Procedure
C. 153 Code of Civil Procedure
D. 153A Code of Civil Procedure
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