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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<sup>st</sup> March 1993. The court consequently on 1<sup>st</sup> March 1993 passed an ex parte order against B and listed the case for 3<sup>rd</sup> April 1993 for ex parte evidence of A.

Correct Answer: Both A and B are correct

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.

X sues A and B on a promissory note executed by A, B is A's nephew, and he is joined as a defendant on the ground that A and B are member of a joint Hindu family, and that the note was for a debt binding on the family. None of the defendant appears at the hearing and an ex parte decree is passed against both the defendants.
The decree against A proceeds on the ground that the note was passed by him and against B on the ground that the debt was incurred for a family purpose. B applies for an order to set aside the decree, alleging that the summons was not served upon him and that the debt in respect of which the note was passed by A was not incurred for a family purpose. It is not disputed that the amount was actually advanced to A.

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

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.

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)

Seven people A, B, C, D, E, F and G live on separate floors of a 7-floor building. Ground floor is numbered 1, first floor is numbered. 2 and so on until the topmost floor is numbered 7. Each one of these having a different cars-Cadillac, Ambassador, Fiat, Maruti, Mercedes, Bedford and Fargo but not necessarily in the same order. Only three people live above the floor on which A lives. Only one person lives between A and the one having a car Cadillac. F lives immediately below the one having a car Bedford. The one having a car Bedford lives on an even-numbered floor. Only three people live between the ones having a car Cadillac and Maruti. E lives immediately above C. E is not having a car Maruti. Only two people live between B and the one having a car Fargo. The one having a car Fargo lives below the floor on which B lives. The one having a car Fiat does not live immediately above D or immediately below B. D does not live immediately above or immediately below A. G does not have a car Ambassador. Question : How many people live between the floors on which D and the one having a car Bedford ?

An ex parte decree passed by Court 'A' was transferred to Court 'B' for execution and which execution proceedings are pending in Court 'B'. Court 'A' aside the ex parte decree and on re-hearing, a fresh decree was passed on the same terms.

To set aside the decree passed ex-parte, where the summons was duly served, the period of limitation is

Which of the following instances can be held to be final orders?
1. An order of a High Court dismissing an appeal for the appellant's failure to furnish order
2. An order that an appeal had abated
3. An order in a revision reversing the dismissal of a suit and restoring it to the file of the lower court when such an order had the effect of reinstating a primary decree
4. An order refusing an application under section 45 of the Specific Relief Act 1 of 1877
5. An order passed by a High Court in insolvency proceedings

Which of the following instances of order are decrees?
1. An order rejecting an application for leave to sue in forma pauperis for no suit has till then been filed
2. An order refusing leave to institute for accounts of religious endowment
3. An order under the Indian Trusts Act, 1882 dismissing an application for the removal of trustee
4. An order on a settlement case under section 104 (2) of the Bengal Tenancy Act 3 of 1898 as the proceeding is instituted not by a plaint but by an application
5. An order made on an application to the District Court under section 84 (2) of the Madras Religious Endowments Act 2 of 1927