61
Which of the following is a deemed decree
A)
Rejection of a Plaint
B)
Determination of questions under Section 144 of the Code of Civil Procedure
C)
Adjudication under Order 21, Rule 58
D)
All of the above
Answer & Solution
Answer: Option
D
62
Which of the following deals with the institution of suits in the Code of Civil Procedure?
A)
Section 18
B)
Section 20
C)
Section 22
D)
Section 26
Answer & Solution
Answer: Option
D
63
Every allegation of fact in the plaint, if not denied specifically except as against a person under disability shall be taken to be
A)
Untraversed
B)
Admitted
C)
Proved
D)
None of the above
Answer & Solution
Answer: Option
B
64
A suit can be dismissed in default
A)
Under Order IX, Rule 2 of Code of Civil Procedure
B)
Under Order IX, Rule 3 of Code of Civil Procedure
C)
Under Order IX, Rule 8 of Code of Civil Procedure
D)
Both B and C
Answer & Solution
Answer: Option
D
65
Attachment before judgment, in a suit dismissed in default
A)
Revives automatically on the restoration of the suit
B)
Does not revive automatically on the restoration of the suit
C)
May or may not revive depending on the facts and circumstances of the case
D)
Neither A or B
Answer & Solution
Answer: Option
B
66
Where may suit for partition of immovable property be instituted?
A)
Where subject matter or property is situated
B)
Where defendant actually and voluntarily resides
C)
Where defendant carries on business
D)
Where defendant works for gain
Answer & Solution
Answer: Option
A
67
Which of the following court may issue precept?
A)
Only High Court
B)
The court in whose jurisdiction the property is situated
C)
The court passing the decree
D)
Only District Court
Answer & Solution
Answer: Option
C
68
According to section 27 of Code of Civil Procedure summons to the defendant to be served on such date not beyond
A)
30 days from the date of institution of suits
B)
60 days from the date of institution of suits
C)
45 days from the date of institution of suits
D)
90 days from the date of institution of suits
Answer & Solution
Answer: Option
A
69
Where a judgment debtor dies before the decree has been fully satisfied, the same can be executed against
A)
Anyone of the legal representatives of the judgment debtor in its entirety
B)
Against all the legal representatives
C)
Against any member of the legal representatives as the decree holder wants
D)
Against the legal representative, as directed by the court
Answer & Solution
Answer: Option
B
70
An order passed without jurisdiction, attains finality in favour of some parties. Whether principle of res judicata, under Code of Civil Procedure, would apply to such an order, between same parties?
A)
Yes
B)
No
C)
Depends upon the nature of suit
D)
It is discretion of Court
Answer & Solution
Answer: Option
B