Q1 Code of Civil Procedure Where a decree is passed ex parte against a defendant, his remedy to apply for setting aside the decree on showing that summons was not duly served or that he was prevented by sufficient cause from appearing lies under:
A Order XLIII, Rule 1 B Order IX, Rule 7 C Order IX, Rule 13 D Order IX, Rule 9
Q2 Code of Civil Procedure The power of the High Court or District Court to transfer or withdraw any suit, appeal or other proceeding pending before any court subordinate to it, and to try or dispose of the same, is conferred by:
A Section 22 B Section 23 C Section 25 D Section 24
Q3 Code of Civil Procedure The court may, at any stage of the proceedings, order that the name of any party improperly joined be struck out, or that any person whose presence is necessary to enable the court to effectually adjudicate be added. This power to add or strike out parties is contained in:
A Order I, Rule 10(2) B Order II, Rule 3 C Order I, Rule 9 D Order XXII, Rule 4
Q4 Code of Civil Procedure Under Section 96(4) of the Code of Civil Procedure, 1908, no appeal (except on a question of law) shall lie from a decree in any suit of the nature cognisable by Courts of Small Cause, when the amount or value of the subject-matter of the original suit does not exceed:
A Five thousand rupees B Three thousand rupees C Ten thousand rupees D Twenty-five thousand rupees
Q5 Code of Civil Procedure Under Order VIII, Rule 1 of the Code of Civil Procedure, 1908, where the defendant fails to file the written statement within thirty days from the date of service of summons, the Court may allow it to be filed on a later day for reasons recorded in writing, but not later than:
A Ninety days from the date of service of summons B Sixty days from the date of service of summons C Forty-five days from the date of service of summons D One hundred and twenty days from the date of service of summons
Q6 Code of Civil Procedure The right to lodge a caveat in a suit or proceeding instituted or about to be instituted is conferred by which provision of the Code of Civil Procedure, 1908, and for what maximum duration does such caveat remain in force?
A Section 148A; ninety days from the date of lodging B Section 148A; thirty days from the date of lodging C Section 148; sixty days from the date of lodging D Section 151; one hundred and eighty days from the date of lodging
Q7 Code of Civil Procedure An appeal lies to the High Court under Section 100 of the Code of Civil Procedure, 1908, from a decree passed in appeal by a subordinate court only where the High Court is satisfied that the case involves:
A A question of fact of general public importance B An error apparent on the face of the record C A substantial question of law D A misappreciation of oral evidence by the first appellate court
Q8 Code of Civil Procedure Under Order XLI, Rule 27 of the Code of Civil Procedure, 1908, additional evidence may be produced in the appellate court. Which of the following is NOT a ground recognised by that Rule for admitting such evidence?
A The evidence, despite due diligence, was not within the party's knowledge or could not be produced earlier B A party wishes to fill up a lacuna in the evidence it led at the trial C The appellate court requires a document or witness to enable it to pronounce judgment or for any other substantial cause D The court appealed from refused to admit evidence which ought to have been admitted
Q9 Code of Civil Procedure Under Order VII, Rule 11 of the Code of Civil Procedure, 1908, a plaint shall be rejected in which of the following situations?
A Where the plaint does not disclose a cause of action B Where the suit appears from the statement in the plaint to be barred by any law C Where the relief claimed is undervalued and the plaintiff fails to correct the valuation within the time fixed D All of the above
Q10 Code of Civil Procedure The proviso to Order VI, Rule 17 of the Code of Civil Procedure, 1908 provides that no application for amendment of pleadings shall be allowed after the trial has commenced, unless the court concludes that:
A The opposite party consents in writing to the amendment B The amendment is necessary to avoid multiplicity of proceedings C The amendment does not change the nature of the suit D In spite of due diligence the party could not have raised the matter before commencement of trial
