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In an application under Order XXXVII, Rule 4 of Code of Civil Procedure for setting aside the ex-parte decree, the defendant has to show
A
Special circumstances which prevented him from appearing or applying for leave to defend
B
Facts which would entitle him to leave to defend
C
Both A and B
D
Either A or B
Correct Answer:
Both A and B
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 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
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 commands will display the current IP addressing and the layer 1 and 2 status of an interface?
1.
show version
2.
show protocols
3.
show interfaces
4.
show controllers
5.
show ip interface
A
1, 2 and 4
B
2, 3 and 5
C
3 and 4 only
D
None of the above
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
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
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
Which of the following combinations are correctly matched?
1. Judgement and decree ⇔ Section 34, Code of Civil Procedure
2. Costs ⇔ Section 35, Code of Civil Procedure
3. Institution of suits ⇔ Section 26, Code of Civil Procedure
4. Legal representative ⇔ Section 50, Code of Civil Procedure
Select correct answer:
A
2, 3 and 4
B
1, 2 and 3
C
1, 3 and 4
D
1, 2 and 4
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
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