Maharashtra Judiciary — Prelims Mock 3

A plaint discloses no cause of action and, on the face of the statement contained therein, the suit appears to be barred by law. The court, before framing issues, should

A plaintiff is entitled to several reliefs against the defendant in respect of the same cause of action but intentionally relinquishes a portion of his claim and sues only for the rest. As per the Code of Civil Procedure, he

A money decree obtained by A against B is later reversed by the appellate court after A had already recovered the decretal amount from B in execution. As per the Code of Civil Procedure, B can recover the amount paid by

a. All questions arising between the parties to the suit and relating to the execution, discharge or satisfaction of the decree shall be determined by the court executing the decree and not by a separate suit. b. A purchaser of property at a sale in execution of a decree is deemed to be a party to the suit for the purpose of questions relating to delivery of possession. Choose the correct option.

In an execution sale of immovable property, a person claiming an interest in the property applies to set aside the sale by depositing in court the amount for the recovery of which the sale was ordered together with a further sum for the auction-purchaser. Under Order XXI Rule 89 of the Code of Civil Procedure, the sum payable to the purchaser is

An application is made under Order XXI Rule 90 of the Code of Civil Procedure to set aside an execution sale of immovable property on the ground of material irregularity in publishing or conducting the sale. The court shall not set aside the sale unless

During the pendency of a suit, the defendant, with intent to obstruct or delay execution of any decree that may be passed, is about to dispose of his property and remove it from the local limits of the court's jurisdiction. The plaintiff's appropriate remedy under the Code of Civil Procedure is to seek

a. The civil court has jurisdiction to try all suits of a civil nature except suits of which their cognizance is either expressly or impliedly barred. b. The exclusion of the jurisdiction of the civil court is not to be readily inferred and the burden lies on the party asserting such exclusion. Choose the correct option in respect of the above statements.

No suit shall be instituted against the Government or against a public officer in respect of any act purporting to be done by such public officer in his official capacity, until the expiration of, after notice in writing has been delivered :

No order for the detention of the judgment-debtor in civil prison in execution of a decree for the payment of money shall be made, where the total amount of the decree does not exceed :