61
Which is the correct essential conditions for applicability of the rule of sub judice?
A)
The matter in issue in the subsequent suit must be directly and substantially in issue in the previous suit
B)
The parties must be litigating under the same title in both the suits
C)
Both A and B
D)
Neither A nor B
Answer & Solution
Answer: Option
C
62
Where the person summoned cannot, by the exercise of due diligence, be found, the summons may be served
A)
By affixing the same on the notice board of the Municipal Council of Gram-Panchayat as the case may be
B)
By leaving one of the duplicates of the same for him with some adult male member of his family residing with him, and the person with whom the summons is so left shall, if so required by the summoning officer, sign a receipt therefore on the back of the other duplicate
C)
By affixing the same on the conspicuous place of his house
D)
By serving the same on the servant of the person summoned and obtain from him the acknowledgement thereof on the back of the duplicate
Answer & Solution
Answer: Option
C
63
A sues B to recover one of two properties left by C, on the ground that he and not B is his heir. Thereafter, he applies to amend his plaint for including the second property left out in the plaint as originally field. B opposes the application for amendment which is disallowed by the court. A suit by A against B to recover the second property as heir of C would be barred under rule 2:
A)
On the ground that A is to be taken to have omitted to sue for it in the first suit
B)
He made an attempt to include it in that suit which was foiled by the opposition of B
C)
Both A and B
D)
None of these
Answer & Solution
Answer: Option
C
64
Which of the following deals with the effect of discontinuance of suit in the Code of Civil Procedure?
A)
Order 5, Rule 30
B)
Order 8, Rule 6D
C)
Order 6, Rule 10
D)
Order 10, Rule 22
Answer & Solution
Answer: Option
B
65
Under section 10 of Code of Civil Procedure, a suit is liable to be
A)
Stayed
B)
Dismissed
C)
Rejected
D)
Either A or B or C
Answer & Solution
Answer: Option
A
66
Order XXXIX, Rule 4 of Code of Civil Procedure provides for
A)
Discharge of the order of injunction
B)
Setting aside of the order of injunction
C)
Variation in the order of injunction
D)
All the above
Answer & Solution
Answer: Option
D
67
Remedy of revision is not available
A)
In order from which an appeal lies
B)
In interlocutory order
C)
Both A and B
D)
Neither A nor B
Answer & Solution
Answer: Option
C
68
Delay in putting in the appearance in a suit under Order XXXVII
A)
Cannot be condoned
B)
Can be condoned as a matter of right
C)
Can be condoned on sufficient cause being shown
D)
Either A or B
Answer & Solution
Answer: Option
C
69
Which provision of Code of Civil Procedure, 1908 debars a tenant from filing inter-pleader suit against his landlord?
A)
Section 88
B)
Section 90
C)
Order XXXV Rule 3
D)
Order XXXV Rule 4
E)
None of the above
Answer & Solution
Answer: Option
E
70
In which of the following cases, an interpleader suit will lie
A)
P is in possession of a jewel box, wherein he claims no interest to himself, and is ready and willing to hand over to the rightful owner. The box is claimed by A and B. P wants to file an interpleader suit against A and B
B)
A deposits a box of jewels with B as his agent. C alleges that the jewels were wrongfully obtained from him b A, and claims them from B. B wants to file an interpleader suit against A and C
C)
A deposits a box of jewels with B as his agent. He then writes to C for the purpose of making the jewels as a security for debt due for himself to C. A afterwards alleges that C's Debt is satisfied and C alleges the contrary. Both claim the jewels from B. B wants to file an interpleader suit against A and C
D)
Both A and C
Answer & Solution
Answer: Option
D
