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An order under O. 33, r 11 directing the pauper plaintiff to pay the Court-fees can only be made in which of the following cases?<br>1. Where the plaintiff fails in the suit<br>2. Where the plaintiff is dispaupered under r 9<br>3. Where the suit is withdrawn<br>4. Where the suit is dismissed under the circumstances specified in clause (a) or cl. (b)
A
1, 3, 4
B
2, 4
C
3, 4
D
All of these
Correct Answer:
All of these
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
In a suit filed by the plaintiff, the defendant in his written statement has taken the objection of non-impleadment of necessary party. Despite such objection the plaintiff continued the suit and the suit finally was decreed. At the first appellate stage, the plaintiff withdraws the suit with liberty to file a fresh one on the same cause of action and subsequently filed a fresh suit. The period spent by the plaintiff in the earlier suit, under section 14 of Limitation Act is
A
Liable to be excluded on the ground that the plaintiff was prosecuting the earlier suit with due diligence and in good faith
B
Not liable to be excluded as the plaintiff cannot be said to be prosecuting the earlier suit with due diligence and in good faith
C
Liable to be excluded under section 14(3) of Limitation Act
D
To be excluded or not to be excluded is in the discretion of the court
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 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
Where the plaintiff fails to pay the court fee or postal charges for service of summons of the suit, on the defendant, the suit can be dismissed under
A
Order IX, Rule 1 of Code of Civil Procedure
B
Order IX, Rule 2 of Code of Civil Procedure
C
Order IX, Rule 3 of Code of Civil Procedure
D
Order IX, Rule 8 of Code of Civil Procedure
The defendant had filed a complaint to the Magistrate against the plaintiff. The complaint was dismissed. The defendant moved the Sessions Judge in appeal. He got himself examined in Sessions trial although he knew the charge was false and he was acting without reasonable and probable cause. His complaint was dismissed by the Session Judge. Thereupon the plaintiff filed a suit for malicious prosecution against the defendant.
In the aforesaid case, which one of the following conclusion in correct?
A
The defendant is liable for malicious prosecution
B
The defendant is not liable for malicious prosecution
C
The defendant is not liable to pay damages to the plaintiff
D
The plaintiff suit must be dismissed
A theft had been committed in the defendant's house. He informed the police that he suspected the plaintiff for the same. Therefore the plaintiff was arrested by the police. A complaint was filed by the defendant but the plaintiff was subsequently discharged by the magistrate as the final report showed that there was no evidence connecting the plaintiff with the theft. The plaintiff filed a suit for damages on the ground of malicious prosecution.
In the above case, which one of the following decisions is correct?
A
The plaintiff is entitled to claim damages from the defendant
B
The plaintiff is entitled to claim damages from the police
C
The plaintiff is entitled to claim damages from both
D
The plaintiff is not entitled to claim damages for malicious prosecution at all
For the purpose of Limitation Act, a suit is instituted:
(1) in an ordinary case, when the plaint is presented to the proper officer
(2) in the case of a pauper when his application for leave to sue as a pauper is made
(3) in the case of a claim against a company which is being wound-up by the Court when the claimant first sends in the claim to the official liquidator
Which of the above are correct?
A
Only (1)
B
Only (1) and (2)
C
None of these
D
All of these
In a suit for specific performance of an Agreement of Sale of immovable property the defendant along with his written statement files an application under Section 8 of the Arbitration & Conciliation Act for referring the parties to arbitration in accordance with arbitration clause contained in the Agreement to Sell. The plaintiff admits the existence of the arbitration clause as well as that the subject matter of suit is subject matter of such arbitration clause. The Court shall:
A
Dismiss the application on the ground of having not been filed before filing the written statement or taking any other steps in the proceedings
B
Allow the application and refer the parties to arbitration
C
Allow the application and stay further proceedings in the suit with right to the plaintiff to revive the suit if the defendant does not proceed with the arbitration with due diligence
D
Dismiss the application on the ground that claims for specific performance of Agreement to Sell are not arbitrable
When the plaintiff fails to pay the court-fee or postal charges for service of summons on the defendant(s) or fails to present copies of the plaint, the suit is liable to be
A
Rejected under Order VII, Rule 11 of Code of Civil Procedure
B
Dismissed for non-prosecution under Order IX, Rule 2 of Code of Civil Procedure
C
Either A or B
D
Only B and not A