A decree passed in a suit under Order XXXVII of Code of Civil Procedure due to non-applying for leave to defend may be set aside

An ex-parte decree passed under Order XXXVII of Code of Civil Procedure can be set aside under Order XXXVII, Rule 4

A

Under special circumstances

B

On showing sufficient cause as contemplated under Order IX, Rule 13 of Code of Civil Procedure

C

Under general circumstances

D

Either A or B or C

A decree passed in a suit under Order 37 of Code of Civil Procedure without applying for leave to defend may be set aside under:

A

Order 9, Rule 13 of Code of Civil Procedure

B

Order 37, Rule 4 of Code of Civil Procedure

C

Order 37, Rule 7 of Code of Civil Procedure

D

Either A or B or C

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

In a suit under Order XXXVII Code of Civil Procedure, the Court grants the Defendant conditional leave to defend subject to the defendant securing the suit amount by way of Bank Guarantee. The Defendant fails to furnish the Bank Guarantee in the prescribed period. The Court shall

A

Permit the Defendant to file its written statement

B

Convert the suit into an ordinary suit

C

Decree the suit against the Defendant

D

Direct the Plaintiff to lead evidence

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

Which of the following combinations are not correctly matched?
1. Execution of decree ? Sec. 77, Code of Civil Procedure
2. Letter of request ? Sec. 82, Code of Civil Procedure
3. Legal representative ? Sec. 50, Code of Civil Procedure
4. Institution of suit ? Sec. 28, Code of Civil Procedure
Select the correct answer:

A

1, 2 and 3

B

1, 2 and 4

C

1, 3 and 4

D

2, 3 and 4

Which of the following combinations are correctly matched?
1. Temporary ⇔ Order 39 Code of Civil Procedure injunction
2. Suit by Indigent ⇔ Order 33 Code of Civil Procedure person
3. Powers of Appellate ⇔ Section 102 Code of Civil Procedure Hate Court
4. Right to file ⇔ Section 148A Code of Civil Procedure caveat
Select correct answer:

A

1, 2 and 4

B

1, 2 and 3

C

1, 3 and 4

D

2, 3 and 4

Defendant has to seek leave to defend the suit under Order XXXVII, Rule 3 of Code of Civil Procedure

A

Within 60 days of service of summon for judgment

B

Within 30 days of service of summon for judgment

C

Within 10 days of service of summon for judgment

D

Within 7 days of service of summons for judgment

The period of limitation for filing leave to defend in a suit under Order XXXVII of the Code of Civil Procedure is within

A

10 days of the receipt of summons for judgment

B

30 days of the receipt of summons for judgment

C

90 days of the receipt of summons for judgment

D

120 days of the receipt of summons for judgment

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