Which is the correct statement in context of summary procedure for civil suits?
A. May be invoked for recovery of a liquidated demand in money payable by the defendant arising out a written contract
B. May be applied suo motu by any civil court in its discretion in the interest of expeditious adjudication
C. Requires the defendant to seek leave to defend which, if granted, must be unconditional
D. All these statements are not correct
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A suit was instituted impleading the defendants in a representative capacity. Publication of the notice of the suit was made in a leading daily as directed by Court while granting permission under Order I, Rule 8. Later on the suit happened to be dismissed for default. Plaintiff filed application under Order IX, Rule 9 to restore the suit. Is it necessary to direct publication of the notice regarding the restoration application also in a leading daily to have effective service on all the persons interested?
A. No
B. Yes, but only when such suit is either to be withdrawn or compromised
C. Yes, but only when leave is to be obtained
D. In both the conditions mentioned in B and C
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A', a resident of Delhi, files a suit at Delhi for infringement of Trade Mark by 'B', a resident of Mumbai, for using the Mark at Mumbai.
A. The court at Delhi has jurisdiction
B. The court at Delhi has no jurisdiction because 'B' is a resident of Mumbai and cause of action has arisen in Mumbai
C. The court at Delhi has jurisdiction with leave of court
D. The court at Delhi has jurisdiction only if 'A' does not have an office in Mumbai
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Under Civil Procedure Code find the incorrect match:
A. Section 5 ⇔ Revenue Court
B. Section 7 ⇔ Provincial Small Causes Court
C. Section 9 ⇔ Pecuniary Jurisdiction of Courts
D. Section 8 ⇔ Presidency Small Causes Courts
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Section 11 of the Code of Civil Procedure contains:
A. Five Explanations
B. Six Explanations
C. Seven Explanations
D. Eight Explanations
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Affidavit in answer to interrogatories shall be filed
A. Within 7 days of the order
B. Within 10 days of the order
C. Within 14 days of the order
D. Within 15 days of the order
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The plaints in bank suits should specifically disclose which of the following ingredients?
A. The rate of interest charged from time to time from the date of loan to date of suit
B. The rates of interest permissible as per circular/directives of Reserve Bank of India for the corresponding period
C. An averment that in the statement of account, the debits regarding interest and other charges are in accordance with the terms of contract and Reserve Bank of India directive
D. All of these
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The authority to annul, alter or add to the rules in the First Schedule of the Code of Civil Procedure rests with the;
A. High Court
B. State Government
C. Supreme Court with the previous approval of rules by the Central Government
D. High Court with the previous approval of rules by the State Government
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Select the correct statement
A. A suit can be filed to enforce the negative covenant contained in an agreement even if the specific performance cannot be granted provided that the plaintiff has not failed to perform all of his obligations under the agreement
B. A suit can be filed to enforce negative covenant/agreement even if a specific performance cannot be granted provided the agreement pertains to an immovable property only
C. A suit can be filed to enforce a negative covenant when no specific performance of an agreement can be granted only if the negative covenant is in terms of a duly registered agreement before a Sub-Registrar under the Registration Act
D. A suit to enforce negative covenant can be filed, even if specific performance of the agreement cannot be sought, only if the suit to enforce the negative covenant is filed only before the High Courts of Delhi, Kolkata, Mumbai or Chennai
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Which of the following amendments can be allowed under Order VI, Rule 17 of the Civil Procedure Code 1908?
A. Amendment for granting relief on the basis of different approaches to the same facts
B. Amendment taking note of subsequent events
C. Amendment for correcting the misdescription of property
D. All of the above
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Even an indigent person too has been provided right to appeal by the Code of Civil Procedure, 1908 in
A. Order 34
B. Order 24
C. Order 43
D. Order 44
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The rule of constructive res judicata is-
A. A product of judicial interpretation
B. A rule of equity
C. Contained expressly in Code of Civil Procedure
D. A part of Supreme Court rules
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A sues B for rent; B pleads abatement of rent on the ground that the area is less than that entered in the lease. The court finds that the area is greater than that shown in the lease.
A. The finding as to the excess area is not res judicata for it is only ancillary to the direct and substantial issue whether the area is equal to that shown in the lease; or less
B. The finding as to the excess area is res judicata for it is ancillary to the direct and substantial issue whether the area is equal to that shown in the lease; or less
C. The finding as to the excess area is not res judicata for it is ancillary to the direct and substantial issue whether the area is equal to that shown in the lease; or less
D. None of these
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Which of the following statements is most appropriate?
A. The institution of the appeal does not by itself operate as stay of the decree appealed against
B. The appellate court has the power to stay the execution of the impugned decree
C. Both A and B are correct
D. Only A is correct and B is incorrect
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Defendant can claim temporary injunction in a suit filed by the plaintiff
A. To prevent the suit property being alienated or damaged
B. To prevent the plaintiff from dispossessing defendant from the suit properly
C. To prevent the plaintiff from causing any legal injury to the defendant
D. All of the above
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Which of the following deals with judgment and decree in the Code of Civil Procedure?
A. Section 30
B. Section 29
C. Section 33
D. Section 25
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The provisions regarding 'friendly suits' are in:
A. Section 90, Order 36 of the Code of Civil Procedure
B. Section 88, Order 35 of the Code of Civil Procedure
C. Order 34 of the Code of Civil Procedure
D. Order 33 of the Code of Civil Procedure
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In cases where the amount or value of the subject matter of the suit does not exceed fifty rupees, the period of detention under Order XXXVIII, Rule 4 of Code of Civil Procedure cannot
A. Exceed two weeks
B. Exceed six weeks
C. Exceed two months
D. Exceed three months
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A revision under Section 115 of the Civil Procedure Code 1908 shall not operate as a stay of suit or on other proceedings before the court except where such suit or other proceeding is stayed by:
A. The High Court
B. The Supreme Court
C. The Appellate Court
D. District and Sessions Court
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Under Section 148 of the Code of Civil Procedure, the Court has power to enlarge time:
A. Not exceeding 30 days in total
B. Not exceeding 60 days in total
C. Not exceeding 90 days in total
D. As may be appropriate in the facts and circumstances of the suit
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