31
The rule of constructive res judicata applies to writ proceedings, however does not apply to writ of:
A)
Habeas corpus
B)
Certiorari
C)
Mandamus
D)
Quo warranto
Answer & Solution
Answer: Option
A
32
Amendment of plaint cannot be allowed after trial has commenced
A)
Except in exceptional cases
B)
Under any circumstances
C)
If the valuation of the suit is less than Rs. 1000
D)
If the suit calls for special procedure
Answer & Solution
Answer: Option
A
33
Mesne profits' as defined under section 2(12) means
A)
Those profits which the person in wrongful possession of such property actually received or might have received together with interest
B)
Those profits which the person in wrongful possession of property actually received including profits due to improvements made by such person
C)
Those profits which the person in wrongful possession of such property actually received or might have received but without any interest on such profits
D)
Those profits which the person in wrongful possession of such property actually received
Answer & Solution
Answer: Option
A
34
By which of the following act section 148 A (Right to lodge caveat) was inserted in the code of civil procedure 1908?
A)
By Act 46 of 1999
B)
By Act 104 of 1976
C)
By Act 66 of 1956
D)
By Act 22 of 2002
Answer & Solution
Answer: Option
B
35
Which of the following is not liable to attachment and sale in execution of decree?
A)
Land and Building
B)
Money and Cheques
C)
Money payable under policy of insurance
D)
Shares
Answer & Solution
Answer: Option
C
36
The Commissioner appointed for recording evidence in a civil suit cannot do which one of the following acts under Order XVIII Rule 4 of the Code of Civil Procedure, 1908?
A)
Record re-examination of a witness
B)
Decide objections raised during recording of evidence
C)
Record remarks regarding the demeanour of the witness while under examination
D)
Record the evidence either in writing or mechanically
Answer & Solution
Answer: Option
B
37
Under Section 75 of Civil Procedure Code, the court cannot issue commission:
A)
To examine any person
B)
To make a partition
C)
To conduct sale of property which is not in the custody of the court
D)
To hold a scientific, technical or expert investigation
Answer & Solution
Answer: Option
C
38
Relief to be specifically stated under which of the following in the Code of Civil Procedure?
A)
Order 5, Rule 30
B)
Order 9, Rule 12
C)
Order 7, Rule 7
D)
Order 10, Rule 22
Answer & Solution
Answer: Option
C
39
A 'next friend', under Order XXXII, Rule 8 of Code of Civil Procedure can retire
A)
Without first procuring a fit person to replace him but not without giving security for costs already incurred
B)
Not without first procuring a fit person to replace him and also not without furnishing security for costs already incurred
C)
Not without first procuring a fit person to replace him but without furnishing security for costs already incurred
D)
Without first procuring a fit person to replace him and without furnishing security for cost already incurred
Answer & Solution
Answer: Option
B
A)
Extract of the Judgment
B)
Bill of costs
C)
Reasons for which the suit is decreed or dismissed
D)
Formal expression of the court of an adjudication determining the rights of parties
Answer & Solution
Answer: Option
D
