Q1 Code of Civil Procedure Under Order IX, Rule 13 of the Code of Civil Procedure, 1908, where a decree is passed ex parte against a defendant, he may apply to the Court to set it aside on the ground that:
A The decree is erroneous on the merits B The summons was not duly served or he was prevented by sufficient cause from appearing when the suit was called on for hearing C The plaintiff's claim was inflated D A second judge would have decided differently
Q2 Code of Civil Procedure The principle that a plaintiff who omits to sue in respect of, or intentionally relinquishes, any portion of his claim shall not afterwards sue in respect of the portion so omitted or relinquished is contained in:
A Order I, Rule 1 of the Code of Civil Procedure, 1908 B Order VI, Rule 2 of the Code of Civil Procedure, 1908 C Order II, Rule 2 of the Code of Civil Procedure, 1908 D Order VIII, Rule 2 of the Code of Civil Procedure, 1908
Q3 Code of Civil Procedure A temporary injunction may be granted by the Court under the Code of Civil Procedure, 1908 to restrain a defendant from disposing of property where the property in dispute is in danger of being wasted, damaged or alienated. This provision is found in:
A Order XXVI, Rule 9 B Order XL, Rule 1 C Order XXXVIII, Rule 5 D Order XXXIX, Rule 1
Q4 Code of Civil Procedure Under Order XXIII, Rule 1 of the Code of Civil Procedure, 1908, where a plaintiff withdraws from a suit without the permission of the Court to institute a fresh suit, he shall:
A Be permitted to file a fresh suit within thirty days B Be precluded from instituting any fresh suit in respect of the same subject-matter C Be liable only to pay costs but may sue afresh D Be entitled to file a fresh suit as of right
Q5 Code of Civil Procedure Under the Code of Civil Procedure, 1908, the principle of constructive res judicata — that a matter which might and ought to have been made a ground of defence or attack in a former suit shall be deemed to have been a matter directly and substantially in issue — is contained in:
A Explanation VIII to Section 11 B Explanation VI to Section 11 C Explanation IV to Section 11 D Explanation III to Section 11
Q6 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 if the High Court is satisfied that the case involves:
A An error of fact apparent on the record B A mixed question of law and fact C A substantial question of law D Any question of law or fact occasioning failure of justice
Q7 Code of Civil Procedure Under Section 96(4) of the Code of Civil Procedure, 1908, in a suit of the nature cognizable by Courts of Small Causes where the value of the subject-matter does not exceed ten thousand rupees, an appeal from the decree lies:
A On a question of fact only B On a question of law only C On both questions of law and fact D No appeal lies in any circumstance
Q8 Code of Civil Procedure Where it appears to the court that there exist elements of a settlement, Section 89 of the Code of Civil Procedure, 1908 empowers the court to refer the dispute for settlement by which of the following modes?
A Arbitration, conciliation, judicial settlement including Lok Adalat, or mediation B Reference to a commission under Order XXVI only C Mediation and Lok Adalat only D Arbitration and conciliation only
Q9 Code of Civil Procedure Assertion (A): A foreign judgment which has not been given on the merits of the case is not conclusive between the parties under the Code of Civil Procedure, 1908. Reason (R): Section 13 declares a foreign judgment conclusive only where, inter alia, it has been pronounced by a court of competent jurisdiction and given on the merits of the case. Choose the correct alternative:
A Both A and R are true, and R is the correct explanation of A B Both A and R are true, but R does not explain A correctly C A is true, but R is false D Both A and R are false
Q10 Code of Civil Procedure Under the Code of Civil Procedure, 1908, the inherent powers of the court saved by Section 151:
A Are exercisable only by the High Court B May be exercised to make orders necessary for the ends of justice or to prevent abuse of the process of the court C Override express provisions of the Code where justice so requires D Confer fresh substantive jurisdiction not otherwise vested in the court
