51
Which of the following deals with presidency Small Cause Courts in the Code of Civil Procedure?
A)
Order 28, Rule 4
B)
Order 51, Rule 1
C)
Order 22, Rule 6
D)
Order 16, Rule 10
Answer & Solution
Answer: Option
B
52
Where a defendant, who has been ordered to appear in person, fails to appear, under Order IX, Rule 12 of Code of Civil Procedure
A)
The defence of the defendant is liable to be struck off
B)
The defendant is liable to be proceeded ex-parte
C)
Either A or B
D)
Neither A nor B
Answer & Solution
Answer: Option
B
53
Which Section of the Code of Civil Procedure declares that the court shall presume, upon the production of any document purporting to be a certified copy of a foreign judgment, that such judgment was pronounced by a court of competent jurisdiction, unless the contrary appears on the record, or is proved?
A)
Section 13
B)
Section 14
C)
Section 19
D)
Section 20
Answer & Solution
Answer: Option
B
54
Where a suit is dismissed under Rule 8 of Order 9 of the Civil Procedure Code in respect of same cause of action, the plaintiff
A)
Shall be precluded from bringing a fresh suit
B)
May bring a fresh suit subject to the law of limitation
C)
May not apply to set aside the dismissal order
D)
May bring a fresh suit
Answer & Solution
Answer: Option
A
55
Auction purchaser shall pay full of purchase money:
A)
Within 7 days
B)
Within 15 days
C)
Within 21 days
D)
Within 30 days
Answer & Solution
Answer: Option
B
56
Who pay the subsistence allowance in case of arrest of judgement debtor for execution of a decree?
A)
Decree holder
B)
Judgement Debtor
C)
Court
D)
State Government
Answer & Solution
Answer: Option
A
57
Where a party wishes to appear as a witness, as a general rule
A)
The party shall appear as a witness after all other witnesses are examined
B)
The party shall appear first before any witness on his behalf has been examined
C)
The party has the discretion to appear either before or after examination of other witnesses
D)
As directed by the court
Answer & Solution
Answer: Option
B
58
The word 'prescribed' used in section 107 of the Code of Civil Procedure means:
A)
The rules contained First Schedule
B)
The rules under section 122 and section 125 of the Code of Civil Procedure
C)
Both A and B
D)
None of these
Answer & Solution
Answer: Option
C
59
The 'plaint' should be filed in 'duplicate', this rule was inserted by:
A)
Code of Civil Procedure (Amendment) Act, 1976
B)
Code of Civil Procedure (Amendment) Act, 1999
C)
Code of Civil Procedure (Amendment) Act, 2002
D)
None of the above
Answer & Solution
Answer: Option
B
60
Where a suit is withdrawn by the plaintiff under Order XXIII, Rule 1 of the Code of Civil Procedure
A)
Neither of the defendants therein can apply to be transposed as plaintiff
B)
Any of the defendants thereto can apply to be transposed as a plaintiff as a matter of right
C)
Any of the defendants thereto can apply to be transposed as plaintiff only if satisfies the court, that the conditions under Order 1, Rule 10 Code of Civil Procedure and further that the said defendant has a substantial question to be decided against any of the other defendants
D)
Any of the defendant thereto can apply to be transposed to plaintiff under Order 1, Rule 10 of the Code of Civil Procedure
Answer & Solution
Answer: Option
C
