Q1 Code of Civil Procedure, 1908 Where a defendant claims to set-off against the plaintiff's demand any ascertained sum of money legally recoverable from the plaintiff, such claim is governed by:
A Order II Rule 2 of the Code of Civil Procedure B Order VI Rule 17 of the Code of Civil Procedure C Order I Rule 10 of the Code of Civil Procedure D Order VIII Rule 6 of the Code of Civil Procedure (legal set-off)
Q2 Code of Civil Procedure, 1908 Where one of two or more plaintiffs or defendants dies and the right to sue does not survive to or against the surviving party alone, an application to bring on record the legal representatives of the deceased must, under Order XXII of the Code of Civil Procedure read with the Limitation Act, be made within:
A 60 days of the death B 30 days of the death C 120 days of the death D 90 days of the death
Q3 Code of Civil Procedure, 1908 Under Order XXI Rule 89 of the Code of Civil Procedure, a person owning or holding an interest in immovable property sold in execution may apply to have the sale set aside on depositing, for payment to the auction-purchaser, a sum equal to:
A Ten per cent of the purchase-money B Twenty-five per cent of the purchase-money C Five per cent of the purchase-money D Two per cent of the purchase-money
Q4 Code of Civil Procedure, 1908 Before granting a temporary injunction restraining the defendant, where the injunction is granted without notice to the opposite party, the Court is required under the proviso to Order XXXIX Rule 3 of the Code of Civil Procedure to:
A Record its reasons for the opinion that the object of granting the injunction would be defeated by delay B Obtain the prior sanction of the District Judge C Refer the matter to the High Court for confirmation D Direct the plaintiff to furnish security in cash only
Q5 Code of Civil Procedure, 1908 A review of its own judgment by a Court under Order XLVII Rule 1 of the Code of Civil Procedure may be sought on the ground of:
A Discovery of new and important matter or evidence not within the applicant's knowledge or which could not be produced despite due diligence, or a mistake or error apparent on the face of the record, or for any other sufficient reason B The dissatisfaction of the unsuccessful party with the findings of fact C A change in the law brought about by a subsequent statute only D The mere availability of a remedy of appeal
Q6 Code of Civil Procedure, 1908 A civil court's jurisdiction to try all suits of a civil nature is conferred by Section 9 C.P.C. The cognizance of such a suit can be ousted only when it is -
A barred only by an order of the High Court. B barred impliedly alone by necessary implication; C barred either expressly or impliedly; D barred expressly alone by a statute;
Q7 Code of Civil Procedure, 1908 A plaintiff in Vijayawada wishes to sue for recovery of immovable property situated within the local limits of the District Court at Guntur. Under the C.P.C., the suit must ordinarily be instituted -
A where the plaintiff resides, under Section 20; B at the option of the plaintiff, in either place. C where the defendant resides; D where the property is situate, under Section 16;
Q8 Code of Civil Procedure, 1908 A matter which might and ought to have been made a ground of defence or attack in a former suit, but was not so raised, when sought to be agitated in a subsequent suit, is barred by -
A Section 10 C.P.C. (stay of suit); B constructive res judicata under Explanation IV to Section 11 C.P.C.; C Order 2 Rule 2 C.P.C.; D Section 80 C.P.C.
Q9 Code of Civil Procedure, 1908 Order 2 Rule 2 C.P.C. is directed against the splitting up of -
A claims and remedies arising from the same cause of action; B issues framed by the court; C grounds of defence ought to have been raised; D appeals against the same decree.
Q10 Code of Civil Procedure, 1908 Under Section 13 C.P.C., a foreign judgment shall NOT be conclusive in which one of the following situations?
A where it has been pronounced by a court of competent jurisdiction; B where it has been given on the merits of the case; C where the proceedings in which the judgment was obtained are opposed to natural justice; D where it sustains a claim founded on a correct view of international law.
