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A Financial Institution institutes a suit for re-possession of a vehicle subject matter of Hire Purchase Agreement with the defendant and for recovery of hire charges. The Hire Purchase Agreement produced by the plaintiff along with the plaint contains an arbitration clause for reference of such claims to arbitration of a reputed named advocate. The court shall:

Correct Answer: Issue summons of the suit

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:

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

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

In a suit for recovery of Rs. 25 lakh, the Defendant files its written statement and pleads that it does not owe any money to the Plaintiff but in fact, it is entitled to recover the sum of Rs. 40 lakh from the Plaintiff. The Defendant, however, does not file a counter claim. Can the Defendant file the counter claim at a subsequent stage in the suit or file a fresh suit seeking recovery of Rs, 40 lakhs?

A Hindu wife files a petition against her husband for dissolution of marriage by a decree of divorce. Immediately after service of summons of the petition and before the filing of written statement the defendant files an application under Section 8 of the Arbitration & Conciliation Act for reference to arbitration in accordance with the arbitration clause in a Settlement Agreement signed by the parties when on an earlier occasion police complaints were made against each other. The wife admits the Arbitration Agreement which encompasses all disputes and differences of any kind between the parties. The Court shall:

Plaintiff was the chairperson of the town meeting. The defendant having been very vociferous, a motion was made and carried out by majority that the defendant be turned out. The defendant said he would rather pull out the plaintiff than he turned out. He advanced menacingly towards the plaintiff with clinched fists, but his advance was prevented by a warden. Decide appropriate civil action against the defendant for his action against the plaintiff.

In which of the following case, the Supreme Court of India has held that the parties cannot enter into "jurisdiction clause" and the "arbitration clause" simultaneously as it will have the effect of vesting them with a choice of either going for litigation or arbitration, if the agreement contains any such direction it will be deemed to be an arbitration agreement within the meaning of Section 7 Indian Act and will mandate the parties to go for arbitration:

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?

Consider the following statements:
1. Where the High Court calls for the record of any case in its revisional jurisdiction, it operates as a stay of such case before the subordinate court.
2. No second appeal shall lie in money suits where the value of the subject matter does not exceed Rs. 25,000.
3. A plaintiff cannot be allowed by the court to sue afterwards for any relief omitted by him in the suit.
4. A plaintiff may relinquish any portion of his claim in order to bring the suit within the jurisdiction of any court.
Of the above statements:

A institutes a suit against B with respect to disputes arising out of an agreement entered into with B. The said agreement provides for arbitration of all disputes including the disputes subject matter of suit. The court before which the suit comes up for admission