Where a suit has been duly instituted a summons may be issued to the defendant to appear and answer the claim and may be served on such day not beyond . . . . . . . . from the date of institution of suit.

A suit may be dismissed under Order 9 of Code of Civil Procedure, 1908:
1. Where the summons is not served upon the defendant in consequence of the plaintiffs failure to pay costs for service of summons.
2. Where neither the plaintiff nor the defendant appears.
3. Where plaintiff, after summons returned unserved, fails for 7 days to apply for fresh summons.
4. Where on the date fixed for hearing in a suit only defendant appears and he does not admit the plaintiffs claim.

A

1, 2 and 3

B

1, 3 and 4

C

2, 3 and 4

D

All of the avove

In a suit for recovery instituted by A against B, despite the summons of suit having been duly served upon B, he did not appear on the date fixed in the summons on 1^st March 1993. The court consequently on 1^st March 1993 passed an ex parte order against B and listed the case for 3^rd April 1993 for ex parte evidence of A.

A

B can participate in further proceedings of the case

B

B can seek setting aside of the ex parte order if he is able to show good cause for his non-appearance

C

Both A and B are correct

D

Both A and B are incorrect

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

Mark the incorrect proposition:
1. Set-off is a statutory defence to a plaintiff's action, whereas a counterclaim is a cross-action.
2. Set-off and counter-claim arises out of the same transaction.
3. Set-off should not be barred on the date of the suit while counter-claim should not be barred on the date of filing of written statement.
4. Claim for set-off cannot exceed plaintiff's claim, whereas counterclaim can exceed the plaintiffs claim.
5. Both set-off and counter-claim cannot exceed the pecuniary jurisdiction of the court.

A

1 only

B

2 only

C

3 and 5

D

4 only

Propositions are:
1. Set-off and counter-claim arises out of the same transaction.
2. Set-off should not be barred on the date of the suit while counter-claim should not be barred on the date of filing of written statement.
3. Claim for set-off cannot exceed plaintiff's claim, whereas counter-claim can exceed the plaintiff's claim.
In respect of the aforesaid which is correct:

A

All 1, 2 and 3 are correct

B

1 and 2 are correct 3 is incorrect

C

1 and 3 are correct 2 is incorrect

D

2 and 3 are correct 1 is incorrect

Consider the following statement(s).
1. A defendant may set up, by way of a counter-claim against the claim of the plaintiff any right or claim in respect of the cause of action accruing to him.
2. The counter-claim may be submitted by the defendant even after he has delivered his defence.
3. The counter-claim shall not exceed the pecuniary jurisdiction of the court.
Which of the statements given above are correct?

A

1 and 2

B

1 and 3

C

2 and 3

D

All these

In a suit for recovery of Rs. 25 lakh, the Defendant files its written statement and pleads that it does not owe any money to the Plaintiff but in fact, it is entitled to recover the sum of Rs. 40 lakh from the Plaintiff. The Defendant, however, does not file a counter claim. Can the Defendant file the counter claim at a subsequent stage in the suit or file a fresh suit seeking recovery of Rs, 40 lakhs?

A

The counter claim and suit would be barred

B

Only the counter claim would be barred

C

The Defendant can file both either a counter claim or a suit

D

The Defendant's claim stands abandoned

The different variant of Date() constructor to create date object is/are ___________ i. new Date(date) ii. new Date(milliseconds) iii. new Date(date string) iv. new Date(year, month, date)

A

) ] i, ii and iii only

B

hour, minute, second, millisecond

C

hour, minute, second, millisecond

D

hour, minute, second, millisecond

According to section 27 of Code of Civil Procedure summons to the defendant to be served on such date not beyond

A

30 days from the date of institution of suits

B

60 days from the date of institution of suits

C

45 days from the date of institution of suits

D

90 days from the date of institution of suits

A passage is given with five questions following it. Read the passage carefully and select the best answer to each question out of the given fouralternatives. Just as space permeates everything in the universe, love permeates every part, every aspect of creation. If there is one answer to the question, “How and why doesthis world exist?” the answer, in one word, is Love. Rather, the answer is Pure Love, since the word love has lost its meaning. Your very existence is an expression of pure unconditional love of the Source (you may call it Consciousness, Creator, God, Divine Self). This is the truth of your being.True love transcends both love and hatred. It is unconditional, unquestioning, boundless, unchanging love. It is overflowing love of the Source for the Source throughall of creation. True love is way beyond the personalized love that two or more individuals assert on one another. Personalized love, though apparently selfless, is rooted in desiresand conditional satisfaction. We have been brought up in a society that judges love based on conditions. We have been made to believe that we can receive love only when we fit into peoplesexpectations. If we are not good enough, we will be deprived of love. These beliefs have influenced the collective psyche of families, groups, communities, and societies since generations to such an extent that love has been reduced tofear of denial. We need to shift from the paradigm of false conditional love to the essence of pure unconditional love . The experience of true love comes with surrender of the false I, in letting go of the feeling of separateness. Without this sacrifice, it is not possible to attain divinelove. When this separate I is discarded, you embrace everything in oneness and catch a glimpse of pure love. True love can be experienced only through giving, not by demanding. People who exist in your life are not here to love you. They are here to remind you that you arethe Source of Love. By knowing that you are the Source of love, you can love yourself, instead of waiting to receive love from the world. Ask yourself, “Why do I need an agent to love myself?” Waiting for the world to love you, is like hiring an agent to love yourself! It is time for you to honor yourself as the Source of love. You have undertaken this human journey to realize and express the boundless love that you truly are. According to the passage, which of the following statement is not TRUE?

A

World exists because of pure love.

B

Conditional love never gives the fear of denial.

C

Human being himself is a source of love.

D

True love is not the one that two or more individuals assert on one another.