Code Of Civil Procedure MCQ question and answer | Law MCQ question Page-4 section-3

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31.
With respect to the principle of res-judicata which of the following is not correct

A. Ex-parte decree will operate as res-judicata

B. Writ petition dismissed on merits operates as res-judicata

C. Writ petition dismissed in limine operates as res-judicata

D. Both A and C

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32.
Which of the following types of allegation constitute jurisdictional errors?

A. Exercise of jurisdiction not vested in the court below by the law

B. A jurisdiction vested in it by law was failed to be exercised and/or has acted in the exercise of its jurisdiction illegally or with material irregularity

C. Either A or B

D. None of these

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33.
A court may issue a commission to:

A. Make local investigation

B. Make partition

C. Adjust accounts

D. All of the above

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34.
Issues in a civil suit are framed:

A. When plaint is filed

B. After written statement is filed

C. After affidavit by way of evidence has been filed by the plaintiff

D. Before final arguments

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35.
Match List-I with List-II and select the correct answer:

List I List II

a. Objections to jurisdiction 1. Razia Begam v. Sahebjadi Anwar Begam

b. Addition of Parties 2. Kiran Singh v. Chaman Paswan

c. Constructive res judicata 3. American Cyanamid Co. v. Ethicon Ltd.

d. Temporary injunction 4. Workmen v. Board of Trustees, Cochin Port Trust

A. a-2, b-1, c-4, d-3

B. a-1, b-3, c-2, d-4

C. a-4, b-2, c-3, d-1

D. a-3, b-4, c-1, d-2

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36.
In which of the following ways section 73 differs from the corresponding section 295 of the Code of Civil Procedure, 1882?
1. The words, 'where assets are held by a court,' have been substituted for words, 'whenever assets are realised by sale or otherwise in execution of a degree.'
2. The words, 'before the receipt of such assets,' have been substituted for the words, 'prior to the realisation'
3. The words, 'by which such assets are held' are omitted after the words 'made application to the court'
4. The word, 'passed' has been added after the word, 'money'
5. The words, 'interest in,' in cl. (b) have been substituted for the words, 'right against' to bring the wording of that clause into line with the Transfer of Property Act, 1882. This is a mere verbal alteration

A. 1, 3

B. 2, 4

C. 4, 5

D. All of these

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37.
In a suit for recovery instituted by A against B, despite the summons of suit having been duly served upon B, he did not appear on the date fixed in the summons on 1^st March 1993. The court consequently on 1^st March 1993 passed an ex parte order against B and listed the case for 3^rd April 1993 for ex parte evidence of A.

A. B can participate in further proceedings of the case

B. B can seek setting aside of the ex parte order if he is able to show good cause for his non-appearance

C. Both A and B are correct

D. Both A and B are incorrect

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38.
The rule of res judicata is based on the principle that:

A. There should be an end to litigation

B. No one should be troubled twice for the same cause of action

C. Both A and B

D. Neither C nor D

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39.
A suit dismissed under Order IX, Rule 8 of Code of Civil Procedure for non-appearance of the plaintiff can be restored under:

A. Order IX, Rule 9

B. Order IX, Rule 10

C. Order IX, Rule 11

D. None of the above

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40.
Dasti summons for service on the defendant can be given to the plaintiff under:

A. Order V Rule 9A, Code of Civil Procedure

B. Order V Rule 9, Code of Civil Procedure

C. Order IV Rule 7, Code of Civil Procedure

D. Order VI Rule 6, Code of Civil Procedure

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1 2 3 4 5 6 7 8 9 10

List I	List II
a. Objections to jurisdiction	1. Razia Begam v. Sahebjadi Anwar Begam
b. Addition of Parties	2. Kiran Singh v. Chaman Paswan
c. Constructive res judicata	3. American Cyanamid Co. v. Ethicon Ltd.
d. Temporary injunction	4. Workmen v. Board of Trustees, Cochin Port Trust

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

31. With respect to the principle of res-judicata which of the following is not correct

Answer & Solution

32. Which of the following types of allegation constitute jurisdictional errors?

Answer & Solution

33. A court may issue a commission to:

Answer & Solution

34. Issues in a civil suit are framed:

Answer & Solution

Answer & Solution

Answer & Solution

Answer & Solution

38. The rule of res judicata is based on the principle that:

Answer & Solution

39. A suit dismissed under Order IX, Rule 8 of Code of Civil Procedure for non-appearance of the plaintiff can be restored under:

Answer & Solution

40. Dasti summons for service on the defendant can be given to the plaintiff under:

Answer & Solution

Read More Section(Code of Civil Procedure)

31.
With respect to the principle of res-judicata which of the following is not correct

32.
Which of the following types of allegation constitute jurisdictional errors?

33.
A court may issue a commission to:

34.
Issues in a civil suit are framed:

38.
The rule of res judicata is based on the principle that:

39.
A suit dismissed under Order IX, Rule 8 of Code of Civil Procedure for non-appearance of the plaintiff can be restored under:

40.
Dasti summons for service on the defendant can be given to the plaintiff under: