Bissoy
Login
Get Advice on Live Video Call
Earn $ Cash $ with
consultations on Bissoy App
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<sup>th</sup> 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<sup>th</sup> 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
Correct Answer:
Non-maintainable
The plaintiff in a suit, onus of all the issues framed wherein is on the plaintiff, during the cross-examination of the defendant and his witnesses produces documents not filed earlier and not executed by the defendant or his witnesses and puts to the defendant and his witnesses the said documents. The said documents are not admitted or acknowledged by the defendant and/or his witnesses and are not admitted into evidence though remain on record.
A
The plaintiff after closure of evidence of defendant is entitled to lead evidence to prove the documents so shown for the first time in cross-examination
B
The plaintiff is not entitled to lead evidence in proof of the said documents which the plaintiff had failed to produce within the prescribed time
C
The said documents will be read in evidence at the time offinal arguments
D
The plaintiff can lead rebuttal evidence qua the said documents
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
Which of the following statements are correct in the context of Section 5 of Code of Civil Procedure?
1. Revenue Court is a part of Civil Court
2. Civil Court. means courts having original jurisdiction under Code of Civil Procedure but not Revenue Court
3. Civil Court means courts having original jurisdiction under Code of Civil Procedure including Revenue Court
4. Revenue Court is not a part of Civil Court
A
1 and 2
B
2 and 3
C
2 and 4
D
3 and 4
E
None of these
A suit was instituted impleading the defendants in a representative capacity. Publication of the notice of the suit was made in a leading daily as directed by Court while granting permission under Order I, Rule 8. Later on the suit happened to be dismissed for default. Plaintiff filed application under Order IX, Rule 9 to restore the suit. Is it necessary to direct publication of the notice regarding the restoration application also in a leading daily to have effective service on all the persons interested?
A
No
B
Yes, but only when such suit is either to be withdrawn or compromised
C
Yes, but only when leave is to be obtained
D
In both the conditions mentioned in B and C
Suit was filed on 20
th
November 2012 and it has been specifically pleaded that cause of action arose on 06
th
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
Application under Order 7 Rule 11 Code of Civil Procedure is not maintainable because written statement should be filed firstly
B
Plaint shall be rejected because suit is barred by Law of Limitation
C
Dismissed of application will be proper. Objection could not be decided without recording evidence of parties
D
Application should be allowed because plaint does not disclose correct cause of action
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
A
1, 3
B
2, 5
C
2, 4, 5
D
All of these
In a suit for partition three defendants were set ex parte. Preliminary decree was passed. On the application of one of the three defendants the Court set aside the decree as against all the defendants. The order of the court is
A
Legal
B
Irregular
C
Unjustified
D
Illegal
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
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
Under which provision of Code of Civil Procedure, restoration or setting aside of orders passed ex parte can be sought regarding an application filed under Order XXI of Code of Civil Procedure which has been dismissed for non appearance or decided ex parte?
A
Order IX Rule 13
B
Order XXI Rule 58
C
Order XXI Rule 106
D
Order XXI Rule 100