Where a suit is dismissed under Rule 8 of Order 9 of the Civil Procedure Code in respect of same cause of action, the plaintiff

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

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

On rejection of a suit under Order VII, Rule 11 of Code of Civil Procedure, a fresh suit on the same cause of action under Order VII, Rule 13 of Code of Civil Procedure

A

Is barred under all circumstances

B

Is not barred at all

C

Can be filed with the leave of the court

D

Either B or C

After dismissal of suit under Order 9, Rule 8 of Code of Civil Procedure, a fresh suit on the same cause of action, under Order 9, Rule 9 of Code of Civil Procedure

A

Is barred

B

Is not barred under any circumstances

C

Is not barred subject to law of limitation

D

None of the above

Where a suit of the plaintiff is dismissed under Order IX, Rule 5 of Code of Civil Procedure, a fresh suit on the same cause of action is

A

Barred under Order IX, Rule 9 of Code of Civil Procedure

B

Not barred under Order IX, Rule 9 of Code of Civil Procedure

C

Barred under Order IX, Rule 5(2) of Code of Civil Procedure

D

Not barred under Order IX, Rule 5 of Code of Civil Procedure

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?
1. Where the plaintiff fails in the suit
2. Where the plaintiff is dispaupered under r 9
3. Where the suit is withdrawn
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

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

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 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