11
Where certain properties have been ordered to be partitioned by a decree in an earlier suit, but possession has not yet been delivered and is not argued that the earlier decree had become unenforceable:
A)
A fresh suit can be brought for partition of those properties on the ground that the earlier decree has not been enforced
B)
A fresh suit cannot be brought for partition of those properties on the ground that the earlier decree has not been enforced
C)
Either A or B
D)
None of these
Answer & Solution
Answer: Option
B
12
Which one of the following is a newly added ground for rejection of a plaint under Order 7 Rule 11 of Code of Civil Procedure?
A)
Non-disclosure of cause of action
B)
Under valuation of relief claimed
C)
Barred by any law
D)
Plaint not filed in duplicate
Answer & Solution
Answer: Option
D
13
Who of the following is exempted from personal appearance before court?
A)
Ministers of Union
B)
Ministers of State
C)
Judges of High Court
D)
All of these
Answer & Solution
Answer: Option
D
14
When the plaintiff fails to pay the court-fee or postal charges for service of summons on the defendant(s) or fails to present copies of the plaint, the suit is liable to be
A)
Rejected under Order VII, Rule 11 of Code of Civil Procedure
B)
Dismissed for non-prosecution under Order IX, Rule 2 of Code of Civil Procedure
C)
Either A or B
D)
Only B and not A
Answer & Solution
Answer: Option
C
15
The Court, at the first hearing of the suit
A)
Can only frame issues
B)
May permit cross examination of either party by the other
C)
To elucidate the matters in controversy in the suit, may examine either of the parties
D)
None of these
Answer & Solution
Answer: Option
C
16
"A woman cannot be arrested or detained in civil prison in execution of a money decree". Is this a correct statement
A)
Yes, there is a general rule that a woman cannot be arrested or detained in a civil prison in execution of a money decree
B)
No, this general rule is not applicable where the woman is a graduate
C)
No, this general rule is not applicable if the money decree passed is jointly and severally against both her and her husband
D)
A woman can be arrested if the money decree is passed after contest
Answer & Solution
Answer: Option
A
17
The application for execution of decree may be transferred from one court to another court:
A)
If the party feels that there is a possibility of delay in justice on the part of court
B)
If the defendant lives or does business in the jurisdiction of that court where the application for execution of decree have to transfer
C)
If the plaintiff has gone from the jurisdiction of the court which has passed the decree
D)
Not included in these
Answer & Solution
Answer: Option
B
18
Under Order IX, Code of Civil Procedure where a suit is wholly or partly dismissed under Rule 8,
A)
The Plaintiff shall be precluded from bringing a fresh suit in respect of the same cause of action
B)
Plaintiff may apply for an order to set the dismissal aside
C)
Plaintiff may bring a fresh suit in respect of the same cause of action
D)
Either A or B
Answer & Solution
Answer: Option
D
19
Which of the following deals with the exemption from arrest and personal appearance in the Code of Civil Procedure?
A)
Section 90
B)
Section 88
C)
Section 81
D)
Section 82
Answer & Solution
Answer: Option
C
20
Where on the date fixed for hearing of a suit, neither of the party appears, the dismissal of the suit shall be
A)
Under Order IX, Rule 1 of Code of Civil Procedure
B)
Under Order IX, Rule 2 of Code of Civil Procedure
C)
Under Order IX, Rule 3 of Code of Civil Procedure
D)
Under Order IX, Rule 8 of Code of Civil Procedure
Answer & Solution
Answer: Option
C