Q1 Code of Civil Procedure The court found that the defendant had raised a false and vexatious defence which he knew to be false at the time of raising it, causing needless expense to the plaintiff. The court's power to award compensatory costs in such a situation is contained in
A Section 35B of the Code of Civil Procedure. B Section 144 of the Code of Civil Procedure. C Section 35A of the Code of Civil Procedure. D Section 34 of the Code of Civil Procedure.
Q2 Code of Civil Procedure In a money decree where the agreement was silent as to interest, the court directed payment of interest. As per Section 34 of the Code of Civil Procedure, the court may award interest
A in no case, where the contract is silent as to interest. B only for the period from institution of the suit till the date of decree. C on the principal sum adjudged, for the period prior to suit, during the pendency of the suit, and from the date of decree till payment. D only from the date of the decree till realisation.
Q3 Code of Civil Procedure Under Section 9 of the Code of Civil Procedure, 1908, a Civil Court has jurisdiction to try all suits of a civil nature except suits of which their cognizance is
A expressly barred only B either expressly or impliedly barred C barred by a notification of the State Government only D impliedly barred only
Q4 Code of Civil Procedure The doctrine of res judicata embodied in Section 11 of the Code of Civil Procedure bars the trial of a matter which has been
A merely incidentally or collaterally in issue in a former suit B decided by a court of small causes only C raised but expressly left undecided in the former suit D directly and substantially in issue in a former suit between the same parties and finally decided by a competent court
Q5 Code of Civil Procedure Under Section 96 of the Code of Civil Procedure, an appeal from an original decree does NOT lie
A from a decree passed with the consent of the parties B where the value of the subject-matter exceeds the pecuniary limit C from a preliminary decree D from a decree passed ex parte
Q6 Code of Civil Procedure A second appeal to the High Court under Section 100 of the Code of Civil Procedure lies only when the case involves
A an error apparent on the face of the record B a substantial question of law C any question of fact D a mixed question of fact and law of a trivial nature
Q7 Code of Civil Procedure An application to set aside an ex parte decree under Order IX Rule 13 of the Code of Civil Procedure may succeed where the defendant satisfies the court that
A he has since acquired fresh evidence B the summons was not duly served, or he was prevented by sufficient cause from appearing C the plaintiff has not executed the decree within limitation D the decree is erroneous on merits
Q8 Code of Civil Procedure Under Order XXI Rule 90 of the Code of Civil Procedure, a sale of immovable property in execution may be set aside on the ground of
A the auction-purchaser being a stranger to the decree B the judgment-debtor's subsequent ability to pay the decretal amount C material irregularity or fraud in publishing or conducting the sale resulting in substantial injury to the applicant D inadequacy of price alone
Q9 Code of Civil Procedure Under Section 89 of the Code of Civil Procedure, where it appears to the court that there exist elements of a settlement, the court may refer the dispute for
A mediation only, with consent of both parties B reference to the High Court for opinion C arbitration, conciliation, judicial settlement including Lok Adalat, or mediation D arbitration only
Q10 Code of Civil Procedure Under Order VII Rule 11 of the Code of Civil Procedure, a plaint shall be rejected where
A the defendant fails to file a written statement within time B it does not disclose a cause of action, or the suit appears from the plaint to be barred by any law C the plaintiff resides outside the local limits of the court D the parties have not attempted alternative dispute resolution
