Q1 Code of Civil Procedure A suit against the Government cannot be instituted, except with the leave of the Court, until the expiration of the notice period prescribed under Section 80 of the Code of Civil Procedure, which is
A two months B one month C three months D six months
Q2 Code of Civil Procedure A second appeal under Section 100 of the Code of Civil Procedure lies to the High Court from an appellate decree only if the High Court is satisfied that the case involves
A an error apparent on the face of the record B a substantial question of law C any question of fact D a mixed question of law and fact
Q3 Code of Civil Procedure Order XXXVII of the Code of Civil Procedure (summary procedure) is applicable, among others, to suits upon bills of exchange, hundies and promissory notes. After service of the summons, the defendant who has entered appearance must apply for leave to defend within
A ninety days from the institution of the suit B fifteen days from the date of decree C thirty days from the service of the summons for judgment D ten days from the service of the summons for judgment
Q4 Code of Civil Procedure Section 9 of the Code of Civil Procedure declares that the courts shall have jurisdiction to try all suits of a civil nature
A without exception B only where the value exceeds the prescribed pecuniary limit C excepting suits of which their cognizance is either expressly or impliedly barred D only with the prior sanction of the District Judge
Q5 Code of Civil Procedure The doctrine of res judicata, which bars a court from trying a matter already directly and substantially in issue in a former suit between the same parties and finally decided, is contained in
A Section 12 of the Code of Civil Procedure B Section 10 of the Code of Civil Procedure C Section 13 of the Code of Civil Procedure D Section 11 of the Code of Civil Procedure
Q6 Code of Civil Procedure An application to add or strike out parties to a suit, on the ground that the presence of a person is necessary to enable the Court effectually to adjudicate upon the questions involved, is governed by
A Order VII Rule 11 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 II Rule 2 of the Code of Civil Procedure
Q7 Code of Civil Procedure Amendment of pleadings under Order VI Rule 17 of the Code of Civil Procedure, after the trial has commenced, shall ordinarily not be allowed unless the Court concludes that
A the opposite party consents in writing B in spite of due diligence the party could not have raised the matter before the commencement of trial C the suit is of a commercial nature D the amendment is sought within ninety days of institution
Q8 Code of Civil Procedure A plaint may be rejected under Order VII Rule 11 of the Code of Civil Procedure where
A the defendant fails to appear on the first hearing B it does not disclose a cause of action C the witnesses are not cited in the list D the suit is undervalued by less than ten per cent
Q9 Code of Civil Procedure Where a plaintiff withdraws from a suit without the permission of the Court to file a fresh suit, the consequence under Order XXIII Rule 1 of the Code of Civil Procedure is that he
A must obtain the consent of the defendant before refiling B may institute a fresh suit on the same cause of action without restriction C shall be precluded from instituting any fresh suit in respect of the same subject matter D may institute a fresh suit only after one year
Q10 Code of Civil Procedure Where a sole plaintiff dies and the right to sue survives, the proper course under Order XXII of the Code of Civil Procedure is to
A transfer the suit to the District Court B bring the legal representatives of the deceased plaintiff on record C dismiss the suit forthwith D treat the suit as automatically abated in all cases
