Suit was filed on 20<sup>th</sup> November 2012 and it has been specifically pleaded that cause of action arose on 06<sup>th</sup> October 2012. Defendant appeared and without filing written statement he filed an application under Order 7 Rule 11 Code of Civil Procedure on the ground that suit is barred by Limitation. State what is the correct legal position?

A civil suit was repeatedly fixed by the trial court for examination of the defendant's witnesses but the said opportunity was not availed by the defendant, therefore on 18^th November 2016 when neither the defendant nor his counsel had appeared, the trial court had proceeded ex parte and heard the final arguments and reserved the case for judgement. On 28^th November 2016 the defendant had filed an application under Order 9 Rule 7 read with section 151 of the Code of Civil Procedure which is

A

Maintainable

B

Non-maintainable

C

Matter of discretion of the court to accept or not

D

Matter of inherent power of the court to accept or not

In a suit filed by the plaintiff, the defendant in his written statement has taken the objection of non-impleadment of necessary party. Despite such objection the plaintiff continued the suit and the suit finally was decreed. At the first appellate stage, the plaintiff withdraws the suit with liberty to file a fresh one on the same cause of action and subsequently filed a fresh suit. The period spent by the plaintiff in the earlier suit, under section 14 of Limitation Act is

A

Liable to be excluded on the ground that the plaintiff was prosecuting the earlier suit with due diligence and in good faith

B

Not liable to be excluded as the plaintiff cannot be said to be prosecuting the earlier suit with due diligence and in good faith

C

Liable to be excluded under section 14(3) of Limitation Act

D

To be excluded or not to be excluded is in the discretion of the court

When a suit is dismissed under Order IX, Rule 2 or under Order IX, Rule 3 of Code of Civil Procedure, a fresh suit under Order IX, Rule 4 of Code of Civil Procedure, the same cause of action is

A

Not barred at all

B

Barred under all the circumstances

C

Not barred if within limitation

D

Either A or B

Which among the following statements regarding filing Rejoinder/Replication in a suit, as per the Code of Civil Procedure 1908, are correct?
1. Rejoinder/ Replication is filed as a matter of Right
2. Provision of filing Rejoinder/ Replication is contained under Order VIII of the Code of Civil Procedure
3. Rejoinder/Replication may be filed only after due permission of the Court.
4. Rejoinder/Replication is a part of pleading.
Select the correct answer:

A

1, 3 and 4

B

1, 2 and 3

C

2 and 4 only

D

2, 3 and 4

To constitute a matter of res judicata which of the following conditions must concur?
1. The matter directly and substantially in issue in the subsequent suit or issue must be the same matter which was directly and substantially in issue either actually (section 11, explanation III) or constructively (section 11, explanation IV) in the former suit
2. The former suit must have been a suit between the same parties under whom they or any of them claim. Explanation VI of Section 11 must be read with this condition
3. The parties as aforesaid must have litigated under the same title in the former suit
4. The court which decided the former suit must have been a court competent to try the subsequent suit of the suit in which such issue has been subsequently raised. Explanation II of section 11 is to be read with condition
5. The matter directly and substantially in issue in the subsequent suit must have been heard and finally decided by the court in the first suit. Explanation V of section 11 is to be read with this condition

A

1, 2

B

3, 4

C

2, 4, 5

D

All of these

Assertion (A): Where any special or local law prescribes for any suit appeal or application a period of limitation different from period prescribed by the Schedule, the provisions of Section 3 of Limitation Act, 1963 shall apply as if such period were the period prescribed by the schedule.
Reason (R): Where a Special Law prescribes a period of limitation for filing appeal but there is no provision therefore under Limitation Act, 1963, the period of limitation provided under the Special Law must be treated to be different from that under the Limitation Act.

A

Both (A) and (R) are true and (R) is correct explanation of (A)

B

Both (A) and (R) are true but (R) is not correct explanation of (A)

C

(A) is true but (R) is false

D

(A) is false but (R) is true

X' files a suit for declaration of title and permanent injunction against 'Y' and files an application for temporary injunction under Order XXXIX, Rule 1(c), Code of Civil Procedure, The Court dismisses the application for temporary injunction. 2 months later, during the pendency of the suit, X again files for temporary injunction under Order XXXIX Rule 1(c), Code of Civil Procedure, citing new facts and changed circumstances.

A

The second application is barred by res judicata

B

Res judicata does not apply to interlocutory orders like temporary injunctions

C

The decision given by the court on the first application is binding throughout the pendency of the trial and can be altered only on appeal

D

The second application is barred by the principle of res sub judice

On rejection of a suit under Order VII, Rule 11 of Code of Civil Procedure, a fresh suit on the same cause of action under Order VII, Rule 13 of Code of Civil Procedure

A

Is barred under all circumstances

B

Is not barred at all

C

Can be filed with the leave of the court

D

Either B or C

After dismissal of suit under Order 9, Rule 8 of Code of Civil Procedure, a fresh suit on the same cause of action, under Order 9, Rule 9 of Code of Civil Procedure

A

Is barred

B

Is not barred under any circumstances

C

Is not barred subject to law of limitation

D

None of the above

Which of the following combinations are correctly matched-
1. Equity of ⇔ Section 49 Code of Civil Procedure judgement debtor
2. Privileged ⇔ Section 29 Code of Civil Procedure documents
3. Legal ⇔ Section 50 Code of Civil Procedure representative
4. Pauper suit ⇔ Order 33 Code of Civil Procedure
Select correct answer:

A

1, 2 and 3

B

1, 2 and 4

C

2, 3 and 4

D

1, 3 and 4