Q1 Code of Civil Procedure (CPC) Under Order IX, Rule 13 of the Code of Civil Procedure, an ex parte decree may be set aside on the application of the defendant where he satisfies the Court that:
A the decree is erroneous on merits, irrespective of service of summons B only that the summons was not duly served C only that he was prevented by sufficient cause from appearing D the summons was not duly served, OR he was prevented by sufficient cause from appearing
Q2 Code of Civil Procedure (CPC) Under Order XXXIX, Rule 2A of the Code of Civil Procedure, in case of disobedience of an injunction the Court may order the property of the person guilty to be attached and may also order him to be detained in civil prison for a term not exceeding:
A one year B one month C six months D three months
Q3 Code of Civil Procedure (CPC) Section 89 of the Code of Civil Procedure, which empowers the Court to refer a dispute for settlement outside the Court, contemplates which of the following modes?
A Arbitration only B Mediation and Lok Adalat only C Arbitration, conciliation, judicial settlement including settlement through Lok Adalat, and mediation D Arbitration and conciliation only
Q4 Code of Civil Procedure (CPC) Under Explanation I to Section 11 of the Code of Civil Procedure, the expression 'former suit' denotes a suit which:
A was instituted prior to the suit in question, regardless of when decided B has been decided prior to the suit in question, whether or not it was instituted prior thereto C was both instituted and decided before the suit in question D is pending along with the suit in question between the same parties
Q5 Code of Civil Procedure (CPC) Under Explanation VIII to Section 11 of the Code of Civil Procedure, an issue heard and finally decided by a Court of limited jurisdiction competent to decide such issue:
A shall operate as res judicata only if that Court was also competent to try the subsequent suit B shall never operate as res judicata in a subsequent suit C shall operate as res judicata in a subsequent suit even though that Court was not competent to try the subsequent suit D operates merely as estoppel and not as res judicata
Q6 Code of Civil Procedure (CPC) Under Section 96(3) of the Code of Civil Procedure:
A No appeal lies from an ex parte decree B No appeal lies from any decree of a court of first instance C An appeal lies from every decree, including a consent decree D No appeal lies from a decree passed by the Court with the consent of parties
Q7 Code of Civil Procedure (CPC) Under the provisions of the Code of Civil Procedure, an appeal from an original decree passed ex parte:
A lies under Section 96(2), and the remedy under Order IX Rule 13 is also available B lies only with the leave of the appellate Court C does not lie at all; the only remedy is under Order IX Rule 13 D lies only after the application under Order IX Rule 13 is dismissed
Q8 Code of Civil Procedure (CPC) Which of the following best describes the nature of an 'objection' that no second appeal lies under Section 102 of the Code of Civil Procedure in a small-cause-nature money suit?
A It is a bar going to the maintainability of the second appeal itself B It is merely a procedural irregularity that can be waived by the respondent C It applies only where the suit value exceeds twenty-five thousand rupees D It can be cured if the High Court frames a substantial question of law
Q9 Code of Civil Procedure (CPC) Under Order VII, Rule 11 of the Code of Civil Procedure, when a plaint is rejected on the ground that the suit appears to be barred by any law, the order of rejection:
A shall not of its own force preclude the plaintiff from presenting a fresh plaint in respect of the same cause of action B amounts to a dismissal of the suit on merits C operates as res judicata and bars a fresh suit on the same cause of action D can never be appealed against
Q10 Code of Civil Procedure (CPC) A second appeal to the High Court under Section 100 of the Code of Civil Procedure, 1908 lies only where the case involves
A A mixed question of law and fact B A substantial question of law C Any error apparent on the face of the record D A substantial question of fact
