21
Interlocutory orders under section 115 of the Code of Civil Procedure fall under of the following heads?
A)
Those from which an appeal lies under sectin 104(1)
B)
Those from which no appeal lies
C)
Both A and B
D)
None of these
Answer & Solution
Answer: Option
C
22
Question which shall be determined by the Court executing decree:
A)
Decree obtained by fraud
B)
Whether any person is or is not the representative of a party
C)
Decree obtained by collusion
D)
None of the above
Answer & Solution
Answer: Option
B
23
In execution of a decree a movable property in auction sold by the executing Court. The auction purchaser deposits the entire auction price then and there even before expiry of 30 days and takes the delivery of the auctioned property. An objection complaining that the auction was conducted with material irregularity is filed within 30 days from the date of auction. State which one of the following is legally correct?
A)
Objection is maintainable as it has been filed within 30 days of the auction
B)
Auction sale is vitiated as the auctioned property has been delivered without waiting for its confirmation within 30 days of auction
C)
No confirmation of sale is required in the present case
D)
None of the above is correct
Answer & Solution
Answer: Option
B
24
Under the Code of Civil Procedure "Decree" does not include . . . . . . . .
A)
The rejection of a plaint
B)
An order of restitution under Section 144 Code of Civil Procedure
C)
An order of restitution of conjugal rights
D)
The return of a plaint
Answer & Solution
Answer: Option
D
25
Under Section 114 of the Code of Civil Procedure, 1908, any person considering himself aggrieved by a decree or order may apply for . . . . . . . .
A)
Review
B)
Revision
C)
Reference
D)
None of the above
Answer & Solution
Answer: Option
A
26
Order XI, Rule 21 of Code of Civil Procedure provides for penalty on account
A)
Failure to comply with an order to answer interrogatories
B)
Failure to comply with an order for discovery and inspection of documents
C)
Both A and B
D)
Neither A nor B
Answer & Solution
Answer: Option
C
27
Whether a defendant can file an application for disposal of the suit under Order XII Rule 6 Code of Civil Procedure, 1908?
A)
Yes, defendant can file an application
B)
No, defendant cannot file an application
C)
Defendant can file an application not before but after evidence of the plaintiff has been recorded
D)
Only if the plaintiff has also filed an application under Order XII Rule 6 of the Code of Civil Procedure, 1908
Answer & Solution
Answer: Option
A
28
Order IX, Rule 3 of Code of Civil Procedure applies
A)
When on the date fixed for hearing in a suit neither party appears
B)
When on the date fixed for hearing in a suit only defendant appears and the plaintiff does not appear
C)
When the plaintiff fails to pay the court fee or postal charges for service of summons of the suit on the defendant(s)
D)
All the above
Answer & Solution
Answer: Option
A
29
When English is not the language of the court, evidence may be taken in English if:
A)
The court considers it necessary
B)
All the parties do not object
C)
Both A and B
D)
None of the above
Answer & Solution
Answer: Option
B
30
Which provision of the Code of Civil Procedure provides that one person may sue or defend on behalf of all in same interest?
A)
Order 1, Rule 1
B)
Order 1, Rule 2
C)
Order 1, Rule 8
D)
Order 1, Rule 9
Answer & Solution
Answer: Option
C
