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An application for grant of temporary injunction shall be decided, in cases of grant of ex parte temporary injunction, as provided under Order XXXIX, Rule 3A of Code of Civil Procedure, within
A
Thirty days
B
Forty five days
C
Sixty days
D
Ninety days
Correct Answer:
Thirty days
X' files a suit for declaration of title and permanent injunction against 'Y' and files an application for temporary injunction under Order XXXIX, Rule 1(c), Code of Civil Procedure, The Court dismisses the application for temporary injunction. 2 months later, during the pendency of the suit, X again files for temporary injunction under Order XXXIX Rule 1(c), Code of Civil Procedure, citing new facts and changed circumstances.
A
The second application is barred by res judicata
B
Res judicata does not apply to interlocutory orders like temporary injunctions
C
The decision given by the court on the first application is binding throughout the pendency of the trial and can be altered only on appeal
D
The second application is barred by the principle of res sub judice
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
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
Order IX Rule 13
B
Order XXI Rule 58
C
Order XXI Rule 106
D
Order XXI Rule 100
Upon grant of an ex parte injunction, the plaintiff has to comply with the proviso to Order XXXIX, Rule 3 of the Code of Civil Procedure, by filing an affidavit:
A
Within seven days from the date on which injunction is granted
B
Within three days from the date on which such injunction is granted
C
On the day on which injunction is granted or on the day immediately following that day
D
Within fifteen days from the date on which injunction is granted
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
Where an interim injunction has been granted under Order XXXIX of Code of Civil Procedure, 1908, without notice to opposite party, the court shall make an endeavour to finally dispose of the application within thirty days from the date of which . . . . . . . .
A
The application was filed
B
The injunction was granted
C
The injunction order was served upon opposite party
D
Opposite party appears in court
E
None of the above
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
Where an application for leave to deliver interrogatories has been moved alongwith the interrogatories proposed to be delivered that application shall be decided as provided under Order XI, Rule 2 of Code of Civil Procedure within
A
15 days from the date of submission of application
B
10 days from the date of submission of application
C
7 days from the date of submission of application
D
No time prescribed for the purpose
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
Period of detention in civil imprisonment under Order XXXIX, Rule 2A of Code of Civil Procedure shall not
A
Exceed six months
B
Exceed three months
C
Exceed two months
D
Exceed one month