Code Of Civil Procedure MCQ question and answer | Law MCQ question Page-5 section-17

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41.
To constitute a matter of res judicata which of the following conditions must concur?
1. The matter directly and substantially in issue in the subsequent suit or issue must be the same matter which was directly and substantially in issue either actually (section 11, explanation III) or constructively (section 11, explanation IV) in the former suit
2. The former suit must have been a suit between the same parties under whom they or any of them claim. Explanation VI of Section 11 must be read with this condition
3. The parties as aforesaid must have litigated under the same title in the former suit
4. The court which decided the former suit must have been a court competent to try the subsequent suit of the suit in which such issue has been subsequently raised. Explanation II of section 11 is to be read with condition
5. The matter directly and substantially in issue in the subsequent suit must have been heard and finally decided by the court in the first suit. Explanation V of section 11 is to be read with this condition

A. 1, 2

B. 3, 4

C. 2, 4, 5

D. All of these

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42.
Code of Civil Procedure- The principal of Res Judicata can be invoked

A. Only in separate proceeding

B. Also in subsequent stage of the same proceeding

C. Depends upon some things

D. None of the above

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43.
Imprisonment in execution of a decree can be

A. Rigorous imprisonment

B. Simple imprisonment

C. Civil imprisonment

D. Either A or B or C as per the discretion of the court

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44.
A civil court cannot issue commission in the following case-

A. For examining a person

B. For examining accounts

C. To execute partition

D. To execute a decree

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45.
Sweeping change introduced by Civil Procedure Code (Amendment) Act, 2002 is with the object to

A. Give more power to Civil Courts

B. Reduce the power of Civil Courts

C. Cut short delay in disposal of suit

D. Make provisions stringent

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46.
Which order of the Code of Civil Procedure provides detailed rules regarding 'judgment and decree':

A. Order 19

B. Order 20

C. Order 21

D. Order 22

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47.
A' deposits a box of jewels with 'B' as his agent. 'C' alleges that the jewels were wrongfully obtained by 'A' from him and claims them from 'B'. Here 'B'

A. Can institute inter-pleader suit against 'A'

B. Can institute Inter-pleader suit against 'C'

C. Can institute Inter-pleader suit against 'A' and 'C' both

D. Cannot institute an Inter-pleader suit against 'A' and 'C'

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48.
A judgement contains-

A. Concise statement of the case

B. The decision on the point of determination and the reason thereof

C. The point for determination

D. All the above

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49.
The court has issued a commission for recording of evidence in a suit by appointing a Local Commissioner. The counsel for the plaintiff raises objections to certain questions put by the counsel for the defendant to the witnesses of the plaintiff in cross-examination. The Commissioner:

A. Is necessarily required to stall further recording of evidence and to refer the said objections to the court for decision thereof

B. Is empowered to decide the said objections and proceed with the recording of evidence

C. Is empowered to decide the said objections only if there is no bar in the order of the Court issuing the commission to the Commissioner deciding the said objections

D. Is required to record the said objections and ask the witness to answer the question so objected to without prejudice to the plaintiffs right to have the said objection decided from the Court at the time of final arguments in the suit

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50.
Where in a suit the defendant is absent from his residence and there is no likelihood of his being found at the residence within a reasonable time, service of the summons may be made on:

A. Servant

B. Minor son

C. Adult daughter

D. Munim

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

Answer & Solution

42. Code of Civil Procedure- The principal of Res Judicata can be invoked

Answer & Solution

43. Imprisonment in execution of a decree can be

Answer & Solution

44. A civil court cannot issue commission in the following case-

Answer & Solution

45. Sweeping change introduced by Civil Procedure Code (Amendment) Act, 2002 is with the object to

Answer & Solution

46. Which order of the Code of Civil Procedure provides detailed rules regarding 'judgment and decree':

Answer & Solution

47. A' deposits a box of jewels with 'B' as his agent. 'C' alleges that the jewels were wrongfully obtained by 'A' from him and claims them from 'B'. Here 'B'

Answer & Solution

48. A judgement contains-

Answer & Solution

49. The court has issued a commission for recording of evidence in a suit by appointing a Local Commissioner. The counsel for the plaintiff raises objections to certain questions put by the counsel for the defendant to the witnesses of the plaintiff in cross-examination. The Commissioner:

Answer & Solution

50. Where in a suit the defendant is absent from his residence and there is no likelihood of his being found at the residence within a reasonable time, service of the summons may be made on:

Answer & Solution

Read More Section(Code of Civil Procedure)

42.
Code of Civil Procedure- The principal of Res Judicata can be invoked

43.
Imprisonment in execution of a decree can be

44.
A civil court cannot issue commission in the following case-

45.
Sweeping change introduced by Civil Procedure Code (Amendment) Act, 2002 is with the object to

46.
Which order of the Code of Civil Procedure provides detailed rules regarding 'judgment and decree':

47.
A' deposits a box of jewels with 'B' as his agent. 'C' alleges that the jewels were wrongfully obtained by 'A' from him and claims them from 'B'. Here 'B'

48.
A judgement contains-

49.
The court has issued a commission for recording of evidence in a suit by appointing a Local Commissioner. The counsel for the plaintiff raises objections to certain questions put by the counsel for the defendant to the witnesses of the plaintiff in cross-examination. The Commissioner:

50.
Where in a suit the defendant is absent from his residence and there is no likelihood of his being found at the residence within a reasonable time, service of the summons may be made on: