Maharashtra Judiciary — Prelims Mock 2

a. Amendment of pleadings under Order VI Rule 17 of the Code of Civil Procedure may be allowed at any stage of the proceedings to determine the real questions in controversy. b. After the commencement of trial, no application for amendment shall be allowed unless the court concludes that the matter could not have been raised before trial despite due diligence. Choose the correct option.

A holds a money decree against B passed by the Court at Pune. B's immovable property lies within the jurisdiction of the Court at Nagpur. The decree-holder apprehends delay in transferring the decree and seeks an interim attachment of that property. The direction issued by the Pune Court to the Nagpur Court to attach such property is known under the Code of Civil Procedure as a

Under Order I Rule 10 of the Code of Civil Procedure, a person whose presence before the court is necessary in order to enable the court to effectually and completely adjudicate upon and settle all the questions involved in the suit is

In execution of a decree for the payment of money passed against W, a woman, the decree-holder applies for her arrest and detention in civil prison. As per Section 56 of the Code of Civil Procedure, the court

A files a suit against B for declaration of title and possession of a house at Pune. During its pendency, B institutes a separate suit against A in respect of the same property claiming ownership on the same set of facts. As per the Code of Civil Procedure, the court in the subsequently instituted suit shall

a. The principle of res judicata under Section 11 of the Code of Civil Procedure applies only when the former suit was decided by a court of competent jurisdiction. b. A matter which might and ought to have been made a ground of attack or defence in the former suit is deemed to have been directly and substantially in issue therein. Choose the correct option.

A decree is passed against B by a Civil Judge Junior Division at Nagpur with the express written consent of both parties recorded in the compromise. B later seeks to appeal against this decree. As per the Code of Civil Procedure,

In a suit of a nature cognizable by a Court of Small Causes, the value of the subject-matter of the original suit is Rupees 8,000. The aggrieved party wishes to file a first appeal against the decree. Under the Code of Civil Procedure,

A second appeal under Section 100 of the Code of Civil Procedure lies to the High Court

a. The revisional jurisdiction of the High Court under Section 115 of the Code of Civil Procedure can be exercised only where the subordinate court has decided a case with jurisdictional error and no appeal lies. b. The High Court in revision under Section 115 can ordinarily reappreciate evidence and reverse findings of fact like an appellate court. Choose the correct option.