Maharashtra Judiciary — Prelims Mock 8

A bank filed a suit against B on a dishonoured cheque adopting the summary procedure under Order 37 of the Code of Civil Procedure. After being served with the summons for judgment, within what period must B apply for leave to defend?

a. The doctrine 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. Choose the correct option in respect of the above statements.

A filed a suit against the State of Maharashtra for recovery of compensation for damage caused by a government department, but instituted it without serving any prior notice. As per Section 80 of the Code of Civil Procedure, the suit is

During the pendency of a suit for partition, the plaintiff applied to add as a party a co-sharer who had been omitted but whose presence was necessary to effectually adjudicate the dispute. The court's power to direct that such a person be added as a party flows from

An appellate court reversed a money decree under which the judgment-debtor had already paid the decretal amount to the decree-holder. The judgment-debtor now seeks to recover the amount paid. The appropriate remedy under the Code of Civil Procedure is an application for

A decree directed the defendant to deposit the balance sale price by a fixed date, on failure of which the suit would stand dismissed. The defendant, for genuine reasons, could not deposit it in time and applied for extension. The court's power to enlarge the time so fixed is traceable to

a. A 'precept' under Section 46 of the Code of Civil Procedure is an order by which a court that passed a decree directs another court to attach property of the judgment-debtor situate within its jurisdiction. b. An attachment under a precept remains in force for two months unless an application for execution is made or the attachment is withdrawn earlier. Choose the correct option in respect of the above statements.

In a suit for permanent injunction, the plaintiff sought a temporary injunction restraining the defendant from alienating the suit property during the pendency of the suit. To grant such interim relief, the court must be satisfied of

The Court of Civil Judge Junior Division, Nagpur, was satisfied that a suit pending before it could be more conveniently tried by another competent court within the same district. The general power to transfer or withdraw any suit, appeal or other proceeding at any stage is conferred by

a. Under Section 9 of the Code of Civil Procedure, the Courts shall have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred. b. The exclusion of the jurisdiction of a civil court is readily to be inferred. Choose the correct option in respect of the above statements.