Maharashtra Judiciary — Prelims Mock 1

Under Section 9 of the Code of Civil Procedure, the Courts have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is

A files a suit against B for recovery of Rs. 8,000 in a suit of a nature cognisable by a Court of Small Causes. The suit is dismissed. As per Section 96(4) of the Code of Civil Procedure, an appeal from such decree

a. The doctrine of res judicata under Section 11 of the Code of Civil Procedure bars the trial of a matter directly and substantially in issue which has been finally decided between the same parties in a former suit by a competent court. b. Order II Rule 2 of the Code bars a claim which was not made but ought to have been made in respect of the same cause of action. Choose the correct option.

A intends to institute a suit against the Government in respect of an act purporting to be done by a public officer in his official capacity. As per Section 80 of the Code of Civil Procedure, no such suit shall be instituted until the expiry of a notice of

In which one of the following suits is a 'summons for judgment' issued by the court?

A second appeal under Section 100 of the Code of Civil Procedure can be entertained by the High Court only when the case

a. An order granting or refusing a temporary injunction under Order XXXIX of the Code of Civil Procedure is appealable under Order XLIII Rule 1. b. The grant of a temporary injunction requires the applicant to establish a prima facie case, balance of convenience and irreparable injury. Choose the correct option.

An ex parte decree is passed against the defendant B. The summons was served by substituted service and B had no knowledge of the suit. Under the Code of Civil Procedure, the proper remedy for B to have the decree set aside by the same court is an application under

A plaintiff's suit is dismissed for default of his appearance under Order IX Rule 8 of the Code of Civil Procedure. The remedy available to the plaintiff to get the dismissal set aside and the suit restored is an application under

A decree of the trial court is reversed in appeal and the decree-holder has already recovered money under the original decree. The power of the court to place the parties in the position they would have occupied but for the erroneous decree is contained in