Maharashtra Judiciary — Prelims Mock 5

Where a plaintiff omits to sue in respect of, or intentionally relinquishes, any portion of his claim, he shall, under Order II Rule 2 of the Code of Civil Procedure 1908 :

A obtains a money decree against B in a court at Pune. B's attachable property lies within the jurisdiction of a court at Nagpur. Under the Code of Civil Procedure, 1908, the decree-holder may apply to the Pune court to issue, to the Nagpur court, a direction to attach that property in anticipation of a transfer of the decree for execution. Such a direction is known as a:

In execution of a money decree against an agriculturist judgment-debtor, the decree-holder seeks attachment of certain properties. Which of the following is NOT liable to attachment and sale under the proviso to Section 60 of the Code of Civil Procedure?

A files a suit against B which is dismissed for default of the plaintiff's appearance under Order IX Rule 8 of the Code of Civil Procedure. As to a fresh suit by A on the same cause of action:

A decree directs B to execute a sale deed in favour of A within a fixed time, and B refuses to do so. Under the Code of Civil Procedure, the court may, in such circumstances, cause the deed to be executed in the name of B by:

B holds money belonging to two claimants, X and Y, in respect of which B claims no interest of his own beyond charges or costs, and he is uncertain to whom it is payable. Both X and Y are demanding the money from B. The appropriate suit for B to institute under the Code of Civil Procedure is:

a. Under the Code of Civil Procedure, a second appeal lies to the High Court only if the case involves a substantial question of law. b. Under the Code, no second appeal lies in any suit of the nature cognizable by Courts of Small Causes when the amount or value of the subject-matter does not exceed three thousand rupees. Choose the correct option.

An ex parte decree is passed against the defendant B who had not appeared at the hearing. The proper remedy for B to have that decree set aside on the ground that the summons was not duly served, by an application to the court which passed it, is provided under:

In a suit for partition, the court first declares the shares of the several parties in the property and directs an enquiry or other proceeding before the actual division by metes and bounds is determined. The decree declaring the rights of the parties prior to the final allotment is properly described as a:

A suit is instituted against the State of Maharashtra in respect of an act purporting to be done by a public officer in his official capacity. Under Section 80 of the Code of Civil Procedure, ordinarily: