In case a party to the suit dies and no application...

Home / Law / Code Of Civil Procedure / Question

Examveda

In case a party to the suit dies and no application moved for the substitution of the legal representatives within the statutory period, under Order XXII, Rule 19 of Code of Civil Procedure

A. The suit automatically abates on the expiry of the statutory period for moving the application without any formal order of the court

B. The suit automatically abates on the expiry of the statutory period for moving the application, however, there has to be a formal and specific order of the court to that effect

C. The suit does not abate automatically on the expiry of the statutory period for moving the application and a formal and specific order of the court to that effect is a must

D. The suit is to be stayed till the application is presented

Answer: Option A

This Question Belongs to Law >> Code Of Civil Procedure

Join The Discussion

Related Questions on Code of Civil Procedure

Ordinarily an amendment of pleading in a suit may be carried out by the contesting parties under Order VI Rule 17 of the Code of Civil Procedure 1908.The court may allow the amendment:
1. In case the changes carried out in the pleading do not change the relief claimed for.
2. At any stage of the suit.
3. Without imposing costs.
4. Of an application filed for interim relief.
Select the correct answer:

A. 1 and 2

B. 2 and 3

C. 3 and 4

D. 1 only

View Answer

Under Order 8 Rule 6 Code of Civil Procedure set-off may be permitted if-

A. The suit is for recovery of property

B. Set-off claimed by the defendant is ascertained sum of money

C. Value of property recoverable is less than rupees two lacs

D. Defendant presents a written statement of the suit

View Answer

On rejection of a suit under Order VII, Rule 11 of Code of Civil Procedure, a fresh suit on the same cause of action under Order VII, Rule 13 of Code of Civil Procedure

A. Is barred under all circumstances

B. Is not barred at all

C. Can be filed with the leave of the court

D. Either B or C

View Answer

Mesne profits as defined under section 2(12) Code of Civil Procedure means those profits which the person in wrongful possession of

A. Such property actually received or might have received together with interest

B. Property actually received including profits due to improvements made by such person

C. Such property actually received or might have received but without any interest on such profits

D. Such property actually received

View Answer

More Related Questions on Code of Civil Procedure