51
Under which one of the following Sections of Civil Procedure Code, 1908 "Legal Representative" has been explained?
A)
Section 2(11)
B)
Section 2(13)
C)
Section 2(10)
D)
Section 2(12)
Answer & Solution
Answer: Option
A
52
A party can be called upon, to admit any document, by notice as provided under
A)
Order XII, Rule 2 of Code of Civil Procedure
B)
Order XII, Rule 1 of Code of Civil Procedure
C)
Order XII, Rule 4 of Code of Civil Procedure
D)
Order XII, Rule 3 of Code of Civil Procedure
Answer & Solution
Answer: Option
A
53
Can a suit be laid after withdrawal of the same?
A)
No
B)
Yes
C)
Yes, if permission is obtained from the court at the time of withdrawal with liberty to file a fresh suit
D)
Yes, subject to the condition that the cause of action for both the cases is identical
Answer & Solution
Answer: Option
C
54
Under which of the following conditions a plaint can not be rejected:
A)
If fails to disclose a cause of action
B)
It is not filed in duplicate
C)
The plaintiff fails to comply with the provision of Order 7 Rule 9 Code of Civil Procedure
D)
It is filed in a court of incompetent jurisdiction
Answer & Solution
Answer: Option
D
55
Which of the following deals with powers of Court in executing transferred decree in the Code of Civil Procedure?
A)
Section 41
B)
Section 36
C)
Section 42
D)
Section 52
Answer & Solution
Answer: Option
C
56
Under which of the following circumstances, review of judgment may not lie?
A)
By a decree or order from which an appeal is allowed by this code, but from which no appeal has been preferred
B)
By a decree or order from which no appeal is allowed by this code
C)
By a decision on a reference from a court a small causes
D)
Appeal dismissed
Answer & Solution
Answer: Option
D
57
Which provision of the Code deals with the concept of 'constructive res Judicatca'?
A)
Section 10
B)
Section 11
C)
Section 12
D)
Section 13
Answer & Solution
Answer: Option
B
58
Which of the following deals with the duty of person to who summons is delivered or sent for service in the Code of Civil Procedure?
A)
Order 7, Rule 14
B)
Order 9, Rule 12
C)
Order 6, Rule 10
D)
Order 5, Rule 29
Answer & Solution
Answer: Option
D
59
For the application of the principle of ressubjudice, which of the following is essential
A)
Suits between the same parties or litigating under the same title
B)
The two suits must be pending disposal in a court
C)
The matters in issue in the two suits must be directly and substantially the same
D)
All the above
Answer & Solution
Answer: Option
D
60
Section 14 of Code of Civil Procedure enacts that the Court shall presume, upon the production of a certified copy of a foreign judgment, that such judgment was pronounced by a Court of competent jurisdiction. This presumption is
A)
Rebuttable presumption of fact
B)
Irrebuttable presumption of fact
C)
Rebuttable presumption of law
D)
Irrebuttable presumption of law
Answer & Solution
Answer: Option
C
