1
An order under Order IX, Rule 6 of Code of Civil Procedure can be set aside
A)
Under Order IX, Rule 7 of Code of Civil Procedure
B)
Under Order IX, Rule 9 of Code of Civil Procedure
C)
Under Order IX, Rule 11 of Code of Civil Procedure
D)
Under Order IX, Rule 13 of Code of Civil Procedure
Answer & Solution
Answer: Option
A
2
Right to withdraw the suit, is:
A)
An absolute right of the plaintiff
B)
A qualified right of the plaintiff
C)
Fettered by certain conditions
D)
Both B and C
Answer & Solution
Answer: Option
A
3
Proceeding in a suit, relating to minor shall not be stayed:
A)
On retirement of the next friend of a minor
B)
On attaining the majority by the minor
C)
On removal of the next friend of a minor
D)
On death of the next friend of a minor
Answer & Solution
Answer: Option
B
4
Which one of the following is not necessary for the applicability of the doctrine of res-judicata
A)
Former suit must be pending before a competent court
B)
Former suit must have been heard and finally decided by a competent court
C)
Parties in the former suit as well as the subsequent suit must be the same
D)
Subject matter in the former and the subsequent suit must be the same
Answer & Solution
Answer: Option
A
5
In which of the following case commission under Order 26, Code of Civil Procedure cannot be issued?
A)
To examine witnesses
B)
For local investigations
C)
For scientific investigation
D)
For appointment of receiver
Answer & Solution
Answer: Option
D
6
Where a party fails to produce certain documents in original under Order XI, Rule 14 of Code of Civil Procedure, the Court would be entitled to
A)
Dismiss the suit if failure is on the part of the plaintiff
B)
Strike out the defence of the defendant if such failure is on the part of the defendant
C)
Raise an adverse presumption against the party guilty of non-production of documents
D)
Either A or B
Answer & Solution
Answer: Option
C
7
A joint decree can be executed only as a joint decree. It is not divisible. It can be executed in part, only where
A)
The shares of decree-holders are defined
B)
Those shares can be predicted
C)
The share is not in dispute
D)
All of these
Answer & Solution
Answer: Option
D
8
The phrase 'good cause' used in O. 13, r 2 means reason that is:
A)
Adequate
B)
Sound
C)
Genuine
D)
All of these
Answer & Solution
Answer: Option
D
9
The defendant wants to file an application under Section 152 Code of Civil Procedure to correct an accidental slip in a judgment. It should be filed:
A)
Within 30 days
B)
Within 60 days
C)
Within 90 days
D)
Any time
Answer & Solution
Answer: Option
D
10
A suit may be defeated due to:
A)
Non joinder of a proper party
B)
Mis-joinder of a necessary party
C)
Non joinder of a necessary party
D)
Mis-joinder of a proper party
Answer & Solution
Answer: Option
C
