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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
Correct Answer:
Under special circumstances
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 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
A
Under Order IX, Rule 13 of Code of Civil Procedure
B
Under Order XXXVII, Rule 4 of Code of Civil Procedure
C
Under Order XXXVII, Rule 7 of Code of Civil Procedure
D
Either A or B or C
X sues A and B on a promissory note executed by A, B is A's nephew, and he is joined as a defendant on the ground that A and B are member of a joint Hindu family, and that the note was for a debt binding on the family. None of the defendant appears at the hearing and an ex parte decree is passed against both the defendants.
The decree against A proceeds on the ground that the note was passed by him and against B on the ground that the debt was incurred for a family purpose. B applies for an order to set aside the decree, alleging that the summons was not served upon him and that the debt in respect of which the note was passed by A was not incurred for a family purpose. It is not disputed that the amount was actually advanced to A.
A
The decree against Amust be set aside
B
The decree against B must be set aside
C
Both A and B
D
None of these
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
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 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
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. 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
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