In a civil suit in case the sole defendant does not file the written statement within the stipulated time as per order VIII of the Code of Civil Procedure 1908 and the delay in filing the written statement is not condoned, the court shall:

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 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

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

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

In a suit for recovery of Rs. 25 lakh, the Defendant files its written statement and pleads that it does not owe any money to the Plaintiff but in fact, it is entitled to recover the sum of Rs. 40 lakh from the Plaintiff. The Defendant, however, does not file a counter claim. Can the Defendant file the counter claim at a subsequent stage in the suit or file a fresh suit seeking recovery of Rs, 40 lakhs?

A

The counter claim and suit would be barred

B

Only the counter claim would be barred

C

The Defendant can file both either a counter claim or a suit

D

The Defendant's claim stands abandoned

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

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

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

Subsequent to the filing of written statement under Order VIII, Rule 9 of the Civil Procedure Code 1908, the defendant:

A

Can file the proceedings by way of defence of set-off or counter-claim without the leave of the court

B

Can file the proceedings by way of defence of set-off or counter-claim only with the leave of the court

C

Cannot file the proceedings by way of defence of set-off or counter-claim at all

D

Can do as in both A and B

Which of the following pairs is/are correctly matched?
1. Right to file caveat Section 148-A, Code of Civil Procedure
2. Pauper suit Section 33, Code of Civil Procedure
3. Privileged document Section 29, Code of Civil Procedure
4. Powers of appellate court Section 102, Code of Civil Procedure

A

1 only

B

4 only

C

1 and 2

D

2, 3 and 4