Code Of Civil Procedure MCQ question and answer | Law MCQ question Page-8 section-14

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71.
A filed a suit against B seeking three reliefs. The matter was decreed in A's favour and the first relief was partially granted to A. The decree was silent as to the other two reliefs. Can A file a second suit in the same matter seeking the further two reliefs?

A. No, the bar of res judicata will apply

B. Yes, the bar of res judicata will not apply since the court did not address these reliefs

C. Yes, because it will be assumed that the plaintiff was not given a fair hearing

D. The Court has to determine, on a case by case basis, whether by not addressing the reliefs in the first case, the plaintiff was denied a fair hearing. If the Court determines that the plaintiff was denied a fair hearing, then a second suit is permitted

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72.
In second appeal the re-appreciation of evidence is:

A. Permissible

B. Subject of revision

C. Not permissible

D. None of these

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73.
Judgement and decree passed by the court which lacks inherent jurisdiction

A. Is a nullity

B. Would never operate as res judicata

C. Can be challenged in subsequent suit

D. All of these are correct

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74.
The Code of Civil Procedure, 1908 extends to the:

A. Whole of India

B. Whole of India, except the State of Jammu and Kashmir

C. Whole of India, except the Scheduled Areas and State of Jammu and Kashmir

D. Whole of India, except the State of Jammu and Kashmir and Tribal Areas

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75.
Which of the following deals with statement in case of documents not in plaintiff's possession or power in the Code of Civil Procedure?

A. Order 7, Rule 15

B. Order 4, Rule 13

C. Order 6, Rule 10

D. Order 10, Rule 22

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76.
Under section 89 the court shall formulate the terms of settlement and give them to the parties for their observations and after receiving the observations of the parties, the court may reformulate the terms of possible settlement and the same for:
1. Arbitration
2. Conciliation
3. Judicial settlement including settlement through Lok Adalat
4. Mediation

A. 1, 3

B. 2, 3

C. 3, 4

D. All of these

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77.
Under Order VI, Rule 18 of Code of Civil Procedure, the time limit, for the purpose of carrying on the amendment in the pleading, by the order of the court

A. Can be extended upto a maximum period of 14 days from the date of order, if no time is limited

B. Can be extended upto a maximum period of 30 days from the date of order, if no time is limited

C. Can be extended without any maximum limit

D. Cannot be extended at all

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78.
The period of limitation for filing leave to defend in a suit under Order XXXVII of the Code of Civil Procedure is within

A. 10 days of the receipt of summons for judgment

B. 30 days of the receipt of summons for judgment

C. 90 days of the receipt of summons for judgment

D. 120 days of the receipt of summons for judgment

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79.
For the purpose of Order XIV, Rule 4 of Code of Civil Procedure the Court may adjourn the framing of issues to a date not later than

A. 7 days

B. 10 days

C. 14 days

D. 30 days

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80.
Where decree is for the partition of an undivided estate assessed to the payment of revenue to the government, the partition of the estate, in accordance with the law for the time being in force, shall be made by-

A. The Naib Tahsildar

B. The Nazir

C. The Collector

D. The Commissioner appointed by the court

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Code Of Civil Procedure MCQ question and answer | Law MCQ question

71. A filed a suit against B seeking three reliefs. The matter was decreed in A's favour and the first relief was partially granted to A. The decree was silent as to the other two reliefs. Can A file a second suit in the same matter seeking the further two reliefs?

Answer & Solution

72. In second appeal the re-appreciation of evidence is:

Answer & Solution

73. Judgement and decree passed by the court which lacks inherent jurisdiction

Answer & Solution

74. The Code of Civil Procedure, 1908 extends to the:

Answer & Solution

75. Which of the following deals with statement in case of documents not in plaintiff's possession or power in the Code of Civil Procedure?

Answer & Solution

Answer & Solution

77. Under Order VI, Rule 18 of Code of Civil Procedure, the time limit, for the purpose of carrying on the amendment in the pleading, by the order of the court

Answer & Solution

78. The period of limitation for filing leave to defend in a suit under Order XXXVII of the Code of Civil Procedure is within

Answer & Solution

79. For the purpose of Order XIV, Rule 4 of Code of Civil Procedure the Court may adjourn the framing of issues to a date not later than

Answer & Solution

80. Where decree is for the partition of an undivided estate assessed to the payment of revenue to the government, the partition of the estate, in accordance with the law for the time being in force, shall be made by-

Answer & Solution

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71.
A filed a suit against B seeking three reliefs. The matter was decreed in A's favour and the first relief was partially granted to A. The decree was silent as to the other two reliefs. Can A file a second suit in the same matter seeking the further two reliefs?

72.
In second appeal the re-appreciation of evidence is:

73.
Judgement and decree passed by the court which lacks inherent jurisdiction

74.
The Code of Civil Procedure, 1908 extends to the:

75.
Which of the following deals with statement in case of documents not in plaintiff's possession or power in the Code of Civil Procedure?

77.
Under Order VI, Rule 18 of Code of Civil Procedure, the time limit, for the purpose of carrying on the amendment in the pleading, by the order of the court

78.
The period of limitation for filing leave to defend in a suit under Order XXXVII of the Code of Civil Procedure is within

79.
For the purpose of Order XIV, Rule 4 of Code of Civil Procedure the Court may adjourn the framing of issues to a date not later than

80.
Where decree is for the partition of an undivided estate assessed to the payment of revenue to the government, the partition of the estate, in accordance with the law for the time being in force, shall be made by-