Q1 Code of Civil Procedure A second appeal under Section 100 of the Code of Civil Procedure, 1908, lies to the High Court from a decree passed in appeal by a subordinate court only:
A Where the value of the subject-matter exceeds a prescribed limit B If the High Court is satisfied that the lower appellate court erred on a question of fact C As a matter of right on any question of law or fact D If the case involves a substantial question of law
Q2 Code of Civil Procedure Under the proviso to Order VIII, Rule 1 of the Code of Civil Procedure, 1908, where the defendant fails to file his written statement within thirty days, the court may allow him to file it on a later day to be specified for reasons recorded in writing, but which shall not be later than:
A One hundred and twenty days from the date of service of summons B Ninety days from the date of service of summons C Seventy-five days from the date of service of summons D Sixty days from the date of service of summons
Q3 Code of Civil Procedure Under Order IX, Rule 13 of the Code of Civil Procedure, 1908, an ex parte decree passed against a defendant may be set aside if he satisfies the court that:
A The summons was not duly served, or he was prevented by sufficient cause from appearing when the suit was called on for hearing B The decree was passed without framing issues C The plaint did not disclose a cause of action D The suit was barred by limitation
Q4 Code of Civil Procedure Under Order XXIII, Rule 1(3) of the Code of Civil Procedure, 1908, the court may permit a plaintiff to withdraw from a suit with liberty to institute a fresh suit in respect of the subject-matter where it is satisfied that:
A The suit must fail by reason of some formal defect, or there are sufficient grounds for allowing a fresh suit B The defendant has filed a counter-claim C The plaintiff has compromised the claim out of court D The plaintiff merely wishes to avoid paying court costs
Q5 Code of Civil Procedure Section 144 of the Code of Civil Procedure, 1908, which embodies the doctrine of restitution, is attracted where a decree or order is:
A Merely stayed pending appeal B Passed ex parte and not yet challenged C Sought to be executed for the first time D Varied or reversed in appeal, revision or other proceeding, or set aside or modified in a suit instituted for the purpose
Q6 Code of Civil Procedure Under Section 24 of the Code of Civil Procedure, 1908, the High Court or the District Court may, at any stage, transfer any suit, appeal or other proceeding pending before it to a court subordinate to it:
A Only with the prior sanction of the State Government B Only where both courts are situated within the same district C On the application of a party, or of its own motion, to a subordinate court competent to try or dispose of the same D Only on the application of a party and never of its own motion
Q7 Code of Civil Procedure Under Order VII, Rule 11 of the Code of Civil Procedure, 1908, a plaint shall be rejected where:
A The defendant fails to appear on the first hearing B It does not disclose a cause of action C The plaintiff fails to produce documentary evidence D The suit is filed in a court lacking territorial jurisdiction, in every case
Q8 Code of Civil Procedure Section 89 of the Code of Civil Procedure, 1908, empowers the court, where it appears there exist elements of a settlement, to refer the dispute for:
A Compulsory arbitration only B Reference to the High Court for an opinion C Arbitration, conciliation, judicial settlement including settlement through Lok Adalat, or mediation D Trial by a commissioner appointed under Order XXVI
Q9 Code of Civil Procedure Notwithstanding anything in any Letters Patent, Section 100A of the Code of Civil Procedure, 1908, provides that where an appeal from an original or appellate decree or order is heard and decided by a Single Judge of a High Court:
A A further appeal shall lie only with the certificate of the Single Judge B A Letters Patent appeal shall lie to a Division Bench as of right C A further appeal shall lie directly to the Supreme Court D No further appeal shall lie from the judgment and decree of such Single Judge
Q10 Code of Civil Procedure Under Order I, Rule 10(2) of the Code of Civil Procedure, 1908, the court may at any stage of the proceedings, on such terms as it thinks just, order the name of any party improperly joined to be struck out, or order the addition of a party whose presence:
A Is required merely to increase the court fee payable B Has been consented to by all existing defendants C Is desired only by the plaintiff D May be necessary in order to enable the court effectually and completely to adjudicate upon and settle all the questions involved in the suit
