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 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Yes, but only when such suit is either to be withdrawn or compromised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

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

The Code of Civil Procedure, 1908-এর Order-XXI rule 92 অনুসারে প্রদত্ত 'Setting aside or refusing to set aside a sale' আদেশটি ---

A

রিভিশনযোগ্য

B

আপিলযোগ্য

C

১৫১ ধারার বিধান মতে রদ ও রহিতযোগ্য

D

উপরের কোনোটিই নয়

Application under Order 9, Rule 7 of Code of Civil Procedure to set aside the order of ex parte proceeding may be filed

A

Within 30 days

B

Within 60 days

C

Within 90 days

D

At or before the date fixed for hearing

Which among the following statements regarding filing Rejoinder/Replication in a suit, as per the Code of Civil Procedure 1908, are correct?
1. Rejoinder/ Replication is filed as a matter of Right
2. Provision of filing Rejoinder/ Replication is contained under Order VIII of the Code of Civil Procedure
3. Rejoinder/Replication may be filed only after due permission of the Court.
4. Rejoinder/Replication is a part of pleading.
Select the correct answer:

A

1, 3 and 4

B

1, 2 and 3

C

2 and 4 only

D

2, 3 and 4

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

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

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

Under which of the following provisions of the Code of Civil Procedure, 1908 an ex parte order and ex parte decree may be set aside?

A

Order 9, Rule 7 and Order 9, Rule 10

B

Order 9, Rule 4 and Order 9, Rule 5

C

Order 9, Rule 7 and Order 9, Rule 13

D

Order 9, Rule 11 and Order 9, Rule 12

When an ex parte decree is passed, the defendant would normally ask for setting aside of ex parte decree:

A

By the application under Order IX Rule 13 of the Code of Civil Procedure

B

By filing a revision petition under Section 115 of the Code of Civil Procedure

C

By filing a petition under Article 227 of the Constitution of India

D

By filing an application under Order IX, Rule 7 of the Code of Civil Procedure