An appeal from a decree passed in appeal has been provided
A. Under section 97 of Code of Civil Procedure
B. Under section 98 of Code of Civil Procedure
C. Under section 99 of Code of Civil Procedure
D. Under section 100 of Code of Civil Procedure
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Which one of the following statement is incorrect regarding the compromise under Order 23, rule 3 of Civil Procedure Code?
A. Must be in writing and signed by the party
B. Must be in writing and need to be lawful agreement
C. It is required that subject matter of the compromise is the same as the subject matter of the Suit
D. A compromise which is voidable under the Indian Contract Act shall also voidable within the meaning of this Rule
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Under Order 32, Rule 10 of the Code of Civil Procedure on the death of 'next friend', the suit shall be
A. Dismissed
B. Stayed
C. Rejected
D. Dismissed or rejected
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Under Order IV, Rule 1, sub-rule (1) of Code of Civil Procedure, a suit is instituted when
A. A plaint is presented to the court
B. A plaint in duplicate is presented to the court
C. A plaint in triplicate is presented to the court
D. Either A or B or C
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What is not correct about the recording of evidence under order 18 rule 4 of Code of Civil Procedure?
A. The examination in chief of a witness shall be on affidavit
B. For cross examination the commissioner shall be appointed
C. The District Judge shall prepare a panel of commissioner to record the evidence
D. The admissibility of document which are filed alongwith affidavit shall be determined by the commissioner
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Which section under the Civil Procedure Code, 1908 deals with the settlement of disputes outside the court?
A. Section 88
B. Section 89
C. Section 98
D. Section 99
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Under Code of Civil Procedure, pleading does not include
A. Written Statement
B. Plaint
C. Evidence
D. Material Facts
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The Supreme Court of India has laid down the law relating to Alternative Dispute Resolution processes and Section 89 of the Code of Civil Procedure in the case of:
A. Dinesh Kumar v. Yusuf Ali
B. Afcon Infrastructure Ltd. v. Cherian Varkey Construction Co.
C. Bimlesh v. New Delhi Assurance Co.
D. Standard Chartered Bank v. V. Noble Kumar
Select an option to see the answer and solution.
An order passed under Order XXXIX, Rule 1 Code of Civil Procedure can be challenged by filing
A. An appeal
B. A writ petition
C. A revision petition
D. None of these
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When proper Court fees is not paid by the plaintiff, the Court shall-
A. Reject the plaint
B. Shall grant time to the plaintiff to pay deficit Court fees
C. The Court shall send a report to the government
D. None of the above
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Who amongst the following is not a legal representative
A. A trespasser
B. An intermeddler
C. A creditor
D. Both A and C
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List of witnesses, after settlement of issues, must be filed within
A. 60 days
B. 45 days
C. 30 days
D. 15 days
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Jurisdiction of a court is decided by:
A. Subject-matter of the dispute
B. Pecuniary value of the suit
C. Place where the dispute arose
D. All of the above
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An application for substitution of the legal representatives of a defendant lies
A. Under Order XXII, Rule 3 of Code of Civil Procedure
B. Under Order XXII, Rule 4 of Code of Civil Procedure
C. Under Order XXII, Rule 4A of Code of Civil Procedure
D. Under Order XXII, Rule 5 of Code of Civil Procedure
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The plaintiff wants to claim some reliefs in a subsequent suit. He requires leave under which of the following provisions of the Code of Civil Procedure?
A. Section 80(2)
B. Section 20
C. Order II Rule 3
D. Order I Rule 8
Select an option to see the answer and solution.
Withdrawal of suits is governed by
A. Order XXIII, Rule 1 of Code of Civil Procedure
B. Order XXIII, Rule 3 of Code of Civil Procedure
C. Order XXIII, Rule 1 and Rule 3 of Code of Civil Procedure
D. Order XXIII, Rule 3A of Code of Civil Procedure
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Civil Procedure Code: Principle of resjudicata does not apply
A. To Writ of Habeas Corpus
B. To Interlocutory Orders
C. To dismissal under Order 17, Rule 3
D. To ex-parte judgement
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During proceeding for execution of a decree, if a question arises as to whether any person is or is not the representative of a party, such question shall be determined by
A. The court which passed the decree
B. The court executing the decree
C. The Appellate Court
D. A separate suit
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Court can direct the parties to opt for anyone mode of alternative dispute resolution in Civil Procedure Code, 1908
A. Under Order X, Rule 1A
B. Under Order X, Rule 1B
C. Under Order X, Rule 1C
D. Under Order XI, Rule 1
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A sues B for recovery of possession of certain immovable property. The defence is that B is the full owner of the property. Pending the suit, B is adjudged insolvent and his estate vests in the official assignee. Because the order of adjudication operates:
A. As a statutory transfer of the interest of the insolvent in the subject-matter of the suit to the official assignee
B. As a non-statutory transfer of the interest of the insolvent in the subject-matter of the suit to the official assignee
C. Either A or B
D. None of these
Select an option to see the answer and solution.