Q1 Code of Civil Procedure, 1908 Where a plaintiff omits to sue in respect of a portion of his claim arising from the same cause of action, he shall afterwards:
A be entitled to sue for the omitted portion only with leave of the appellate court; B be entitled to sue for the omitted portion within three years of the first decree. C not afterwards sue in respect of the portion so omitted; D be entitled to sue for the omitted portion in a fresh suit as of right;
Q2 Code of Civil Procedure, 1908 An ex parte decree was passed against a defendant. Under Order IX Rule 13 of the C.P.C., the Court shall set aside the decree if it is satisfied that:
A the plaintiff consents to setting aside the decree. B the summons was not duly served, OR the defendant was prevented by sufficient cause from appearing; C the decretal amount has been deposited in court within thirty days; D the defendant has a good case on merits, irrespective of service of summons;
Q3 Code of Civil Procedure, 1908 A temporary injunction restraining a defendant from alienating the suit property pending disposal of the suit is granted by the Court of Junior Civil Judge under:
A Order XXXIX Rules 1 and 2 of the C.P.C.; B Order XXXVIII Rule 5 of the C.P.C.; C Section 9 of the Specific Relief Act, 1963; D Order XL Rule 1 of the C.P.C.
Q4 Code of Civil Procedure, 1908 Settlement of disputes outside the court through arbitration, conciliation, judicial settlement including Lok Adalat, or mediation, where the court finds elements of a settlement, is provided for in:
A Section 100 of the C.P.C. B Section 80 of the C.P.C.; C Section 89 of the C.P.C.; D Section 96 of the C.P.C.;
Q5 Code of Civil Procedure, 1908 The proviso to Order VIII Rule 1 of the C.P.C. fixes an outer limit, beyond thirty days from service of summons, within which a defendant should ordinarily file his written statement, namely:
A forty-five days; B one hundred and twenty days. C sixty days; D ninety days;
Q6 Code of Civil Procedure, 1908 The High Court or the District Court may, of its own motion or on application, transfer any suit, appeal or other proceeding pending before a subordinate court to another competent subordinate court. This general power of transfer is conferred by:
A Section 23 of the C.P.C.; B Section 24 of the C.P.C.; C Section 25 of the C.P.C. D Section 22 of the C.P.C.;
Q7 Code of Civil Procedure, 1908 On reversal of a decree in appeal, the party who was dispossessed in execution of the reversed decree seeks to be placed back in the position he occupied before. This relief of restitution is granted under:
A Section 114 of the C.P.C. B Section 151 of the C.P.C.; C Section 47 of the C.P.C.; D Section 144 of the C.P.C.;
Q8 Code of Civil Procedure, 1908 Under Order VII Rule 11 of the C.P.C., a plaint shall be rejected, among other grounds, where:
A the suit is valued at less than Rs. 10,000/-. B it does not disclose a cause of action; C the defendant denies the plaintiff's claim in his written statement; D the plaintiff has filed it through a power-of-attorney holder;
Q9 Code of Civil Procedure, 1908 The inherent power of a civil court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the court is preserved by:
A Section 153 of the C.P.C.; B Section 151 of the C.P.C.; C Section 141 of the C.P.C. D Section 148 of the C.P.C.;
Q10 Code of Civil Procedure, 1908 A first appeal from an original decree passed by a Court of Senior Civil Judge in a suit of civil nature lies under:
A Section 104 of the C.P.C.; B Section 100 of the C.P.C.; C Section 115 of the C.P.C. D Section 96 of the C.P.C.;