41
A' holds a decree against 'B' for Rs. 5000/-. 'B' holds a decree against 'A' for Rs. 3000/-. Both 'A' and 'B' apply for execution of decree to a Court which has jurisdiction to execute both decrees. The Court may
A)
Allow execution of A's' decree of Rs. 2000
B)
Simultaneously proceed with execution of both decrees
C)
B' shall proceed separately with his decree
D)
None of these
Answer & Solution
Answer: Option
A
42
The reappreciation of evidence in second appeal
A)
Is subject to review
B)
Is permissible
C)
Is not permissible
D)
Is an admitted fact
Answer & Solution
Answer: Option
C
43
Which of the following deals with materials from which issues may be framed in the Code of Civil Procedure?
A)
Order 12, Rule 5
B)
Order 17, Rule 13
C)
Order 6, Rule 10
D)
Order 14, Rule 3
Answer & Solution
Answer: Option
D
44
Which one of the following is not a suit of civil nature under Code of Civil Procedure?
A)
A suit against deprivation from attending social functions
B)
A suit for arrears of salary
C)
A suit for right of burial
D)
A suit for restitution of conjugal rights
Answer & Solution
Answer: Option
A
45
A suit for specific performance of contract is dismissed. Whether subsequent suit for compensation for breach of contract is maintainable?
A)
Yes, with permission of court, in the next suit
B)
No
C)
Yes, if superior court directs
D)
None of the above
Answer & Solution
Answer: Option
B
46
Under which one of the following Sections of the Code of Civil Procedure the Court may ask parties to a dispute to go for meditation?
A)
Section 88
B)
Section 89
C)
Section 87
D)
Section 86A
Answer & Solution
Answer: Option
B
47
A 'next friend' or guardian, of a minor, in a suit
A)
Stands discharged automatically on attaining majority
B)
Can be discharged if the minor on attaining majority elects to continue with the suit applies for the discharge
C)
Can be discharged if the minor on attaining majority elects to continue with the suit but does not apply for the discharge of next friend or guardian
D)
All the above
Answer & Solution
Answer: Option
B
48
Attachment before judgement in a suit dismissed for default/non-prosecution revives automatically on the restoration of a suit-
A)
True
B)
Partly true
C)
False
D)
None of the above
Answer & Solution
Answer: Option
C
49
Order XXVI, Rule 4A Code of Civil Procedure, empowers the court to issue commission in a suit for examination of a person-
A)
Resident within the local limit of its jurisdiction
B)
Resident beyond the local limits of its jurisdiction
C)
Who is about to leave the local limits of its jurisdiction
D)
Both A and B
Answer & Solution
Answer: Option
A
50
Inherent powers may be used by the Court for
A)
The end of justice
B)
To prevent abuse of the process of the court
C)
Both A and B above
D)
None of the above
Answer & Solution
Answer: Option
C
