81
Which of the following is not a legal representative under Section 2(11) of the Code of Civil Procedure?
A)
Executors and administrators
B)
Official assignee or receiver
C)
Hindu coparceners
D)
Residuary legatees
Answer & Solution
Answer: Option
B
82
Costs imposed under Section 35B of Code of Civil Procedure:
A)
Shall be included in the costs awarded in the decree passed in the suit
B)
Shall not be included in the costs awarded in the decree passed in the suit
C)
Shall, if not paid, be executable against the person on whom the costs have been imposed
D)
Only B and C
Answer & Solution
Answer: Option
D
83
An application under Order IX, Rule 7 of Code of Civil Procedure can be made
A)
Within 60 days of the Order
B)
Within 30 days of the Order
C)
At any time on or before the next date of hearing
D)
Any time during the pendency of the suit
Answer & Solution
Answer: Option
C
84
According to clauses (i), (ii) and (iii) of section 145 of the Code of Civil Procedure a surety:
A)
May render himself personally liable
B)
He may only give a change upon his property
C)
He may undertake a personal liability and charge his property as further charge
D)
All of these
Answer & Solution
Answer: Option
D
85
The court cannot order execution of a decree as per Section 51 of Civil Procedure Code, in which of the following ways?
A)
By attachment and sale of property
B)
A decree for restituting of conjugal rights, by sending the person husband or wife as the case may be to civil prison
C)
By appointing a receiver
D)
By delivery of any property specifically decreed
Answer & Solution
Answer: Option
B
86
Which of the following is not an essential element of a decree:
A)
Conclusive determination of the rights of the parties
B)
Formal expression of adjudication
C)
An adjudication from which an appeal lies as an appeal from an order
D)
The adjudication must have been given in a suit before the court
Answer & Solution
Answer: Option
C
87
Under Order XXXVII, Rule 3 of Code of Civil Procedure the delay upto
A)
10 days is condonable
B)
30 days is condonable
C)
90 days is condonable
D)
No limit has been prescribed
Answer & Solution
Answer: Option
D
88
Where does the second appeal shall lie under Section 100 of Code of Civil Procedure?
A)
High Court
B)
Supreme Court
C)
Distt. Court
D)
High Court and Supreme Court both
Answer & Solution
Answer: Option
A
89
Mesne profits of property as defcined in Section 2(12) of Civil Procedure Code, 1908 means:
A)
Those profits which the person in wrongful possession of such property actually received or might with ordinary diligence have received together with interest of such profits
B)
Those profits which the person in wrongful possession of such property actually received including profits due to improvements made by such person
C)
Those profits which the person in wrongful possession of such property actually received or might have received but without any interest on such profits
D)
Those profits which the person in wrongful possession of such property actually received
Answer & Solution
Answer: Option
A
90
Point out the wrong statement:
A)
Where the defendant appears and the plaintiff does not appear, when the suit is called for hearing, the court shall dismiss the suit and the plaintiff shall be barred from filing a fresh suit on the same cause of action
B)
No appeal may lie from an original decree passed ex parte
C)
The plaintiff may apply to the court which passed an ex parte decree against him, for an order to set it aside
D)
No court shall set aside a decree passed ex parte merely on the ground that there has been an irregularity in the service of summon upon the defendant
Answer & Solution
Answer: Option
B
