Who is not entitled to apply under Rule 90 of Order 21, the Code of Civil Procedure, for set aside sale of immovable property in execution of decree?

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', on 9^th January, 2015 agrees to sell his immovable property to 'R' and out of the total sale consideration of Rs. 3,00,000/- receives a sum of Rs. 1,00,000/- from 'B' as advance payment and agrees to vacate the property and handover vacant peaceful physical possession thereof to 'B' and to execute the Sale Deed of the property in favour of 'B' on receipt of balance sale 'consideration' on or before 9^th July, 2015. 'A' fails to vacate the property or to execute the Sale Deed or to deliver possession of the property to 'B'. 'B' after waiting patiently till 31^st January, 2016, on 1^st February, 2016 got issued a legal notice to 'A' to take the balance sale consideration and execute the Sale Deed and deliver vacant peaceful physical possession. 'A' vide his reply received by 'B' on 17^th February, 2016 denies the agreement. The limitation of three years available to 'B' for instituting a suit for specific performance is:

A

With effect from 9th January, 2015

B

With effect from 9th July, 2015

C

With effect from 17th February, 2016

D

With effect from 1st February, 2016

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

In a suit for money a decree is passed by consent whereby the defendant is directed to pay to the plaintiff Rs. 35,000. It is further declared by the decree that the plaintiff should have a first charge on certain immovable property belonging to the defendant. Is the plaintiff entitled to have the property sold in execution of the decree without institution a regular suit for sale on the charge?

A

Yes, because there being no mortgage or charge prior to the decree, the decree cannot be said to have been obtained 'for the payment of money in satisfaction of a claim arising under the mortgage' within the meaning of O. 34 r 14

B

No, because there being no mortgage or charge prior to the decree, the decree can be said to have been obtained 'for the payment of money in satisfaction of a claim arising under the mortgage' within the meaning of O. 34 r 14

C

The immovable property must have been made security for the payment of the money before the decree was obtained, otherwise the provision of this rule do not apply

D

None of these

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

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 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

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

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

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