Q1 Code of Civil Procedure In a suit instituted under the summary procedure in Order XXXVII, the defendant must apply for leave to defend the suit :
A Within fifteen days from service of the summons for judgment B Within sixty days from service of the summons for judgment C Within ten days from service of the summons for judgment D Within thirty days from service of the summons for judgment
Q2 Code of Civil Procedure A second appeal under Section 100 of the Code of Civil Procedure 1908 to the High Court lies only :
A Where the value of the subject-matter exceeds one lakh rupees B Where the case involves a substantial question of law C Where the lower appellate court has erred on a question of fact D On any question of law or fact
Q3 Code of Civil Procedure Where a Court may make an order referring a dispute for settlement outside the Court under Section 89 of the Code of Civil Procedure 1908, the modes prescribed include :
A Arbitration B Conciliation C Judicial settlement including settlement through Lok Adalat, or mediation D All of the above
Q4 Code of Civil Procedure An ex parte decree passed against a defendant may be set aside on an application under Order IX Rule 13 of the Code of Civil Procedure 1908, where the Court is satisfied that :
A The defendant was prevented by any sufficient cause from appearing when the suit was called on for hearing B The summons was not duly served C The defendant has a meritorious defence on the facts alone D Either (a) or (b)
Q5 Code of Civil Procedure The doctrine of res judicata enacted in Section 11 of the Code of Civil Procedure 1908 bars the Court from trying any suit or issue in which the matter directly and substantially in issue :
A Could merely have been raised in a former suit B Was directly and substantially in issue in a former suit between the same parties, heard and finally decided by a competent Court C Is pending in another Court of concurrent jurisdiction D Has been the subject of a compromise outside Court
Q6 Code of Civil Procedure Under the proviso to Section 60 of the Code of Civil Procedure 1908, which of the following is NOT liable to attachment and sale in execution of a decree :
A Houses and other buildings belonging to an agriculturist, occupied by him B Tools of artisans and, where the judgment-debtor is an agriculturist, his implements of husbandry and necessary cattle C Wearing-apparel, cooking vessels, beds and bedding of the judgment-debtor D All of the above
Q7 Code of Civil Procedure Where a suit abates or is dismissed under Order XXII of the Code of Civil Procedure 1908 owing to the failure to bring the legal representative of a deceased plaintiff on record :
A No fresh suit shall be brought on the same cause of action B A fresh suit may be brought on the same cause of action without any restriction C The decree is treated as a nullity D The suit automatically revives upon the legal representative appearing
Q8 Code of Civil Procedure Where a suit is for the recovery of possession of immovable property and for mesne profits, the Court may pass a decree directing an inquiry as to mesne profits from :
A The date of dispossession until the delivery of possession to the decree-holder B The institution of the suit until the delivery of possession to the decree-holder, for a period not exceeding three years C The date of judgment until the delivery of possession to the decree-holder D The date of decree until the delivery of possession to the decree-holder
Q9 Code of Civil Procedure Consider the following statements : Statement (I) : A Court may appoint a receiver of any property before the decree. Statement (II) : The removal of any person from the possession or custody of property cannot be ordered while appointing a receiver.
A Statement (I) is correct, (II) is incorrect B Both statements are correct C Statement (II) is correct, (I) is incorrect D Both statements are incorrect
Q10 Code of Civil Procedure On the application of any party entitled to any benefit by way of restitution under Section 144 of the Code of Civil Procedure 1908, where a decree is varied or reversed in any appeal :
A No restitution is permissible once the decree has been executed B Restitution can only be ordered by the appellate Court itself C The party must institute a fresh suit for restitution D The Court which passed the decree shall cause such restitution to be made as will place the parties in the position they would have occupied
