Court may not issue a commission:

Point out the correct Answer:
Under Civil Procedure Code where any party dies after conclusion and before pronouncement of judgement

Which of the following deals with the right to challenge non-appealable orders in appeal against decrees in the Code of Civil Procedure?

The Code of Civil Procedure, 1908 extends to the:

Rejection of an application for permission to sue as a pauper

In cases of withdrawal of suit by the plaintiff, under Order XXIII, Rule 1A of Code of Civil Procedure

Civil Procedure Code: A decision or finding given by Court without jurisdiction

Under Section 34 of Civil Procedure Code, Court can award interest from the date of decree to the date of payment or such earlier date as the Court thinks fit. Rate of such interest shall not exceed per annum.

Which of the following orders cannot be appealed against under Code of Civil Procedure?

Under Section 2(5) of Code of Civil Procedure, two conditions must be satisfied to bring a court within the definition of a foreign court:

In a civil suit coming up for admission, if the Court does not have subject jurisdiction to grant relief in the suit, the court

Every suit is to decide the whole claim. However, a separate suit for mesne profits from the date of decree to delivery of possession:

General power to amend any error or defect in any proceedings in a suit vests in the Court by virtue of

According to Order VIII Rule 1 the defendant shall file the written statement of his defence within:

Section 10 of the Civil Procedure Code, 1908 does not apply when the previous suit is pending

Which of the following is a basis of the jurisdiction of a court?

Discovery by interrogatories and inspection has been provided

A defendant under Order V, Rule 1(1) of Code of Civil Procedure is required to appear, answer the claim and to file the written statement

During the pendency of the suit, to a party producing the document

Which of the following provisions of the Code of Civil Procedure will be applicable in case of death of one of the several defendants or the sole defendant in the suit?

In which of the following cases can C set off the claim?

Section 47 of Code of Civil Procedure is

When the court requires a written statement or additional written statement from any of the parties, under Order VIII, Rule 9 of Code of Civil Procedure, the same can be presented within

Who may apply for reference under Section 113 of the Code of Civil Procedure 190

Where a person commits a public nuisance

The order of injunction may be discharged, or varied, or set aside by the Court at the instance of

A dies leaving behind a son X and a married daughter Y. A suit filed by A, after his death can be continued by

Compensatory costs under Section 35A of Code of Civil Procedure can be imposed to the extent of

Consequent to failure of conciliation the Presiding Officer of the conciliation forum can refer the matter again to court under

Admission of fact(s) once made under Order XII, Rule 4 of Code of Civil Procedure, can be allowed to be

Provision for settlement of dispute outside court has been provided under Section . . . . . . . . of Civil Procedure Code.

Which of the following deals with the objections to interrogatories by answer in the Code of Civil Procedure?

Judgement and decree passed by the court which lacks inherent jurisdiction

An ex-parte decree can be set aside:

Which of the following deals with statement in case of documents not in plaintiff’s possession or power in the Code of Civil Procedure?

A court transferred a, decree to another court for its execution suo motu. Judgment holder appealed to the High Court and argued that the lower court judge was partial toward the decree holder and submitted the suo motu transfer of decree for its execution as proof. Decide the outcome of the case.

Consider the following statement(s):
A ‘Decree’ means and includes
1. Formal expression of an adjudication which, so far as regards the court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit.
2. Any adjudication from which an appeal lies as an appeal from an order.
3. Any order of dismissal of suit for default.
4. Rejection of plaint.
Which of the statements given above are correct?

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)

Which of the following sections of the Code of Civil Procedure has been repealed by the Repealing and Amending Act, 1952 (48 of 1952)?

A person can be appointed as a guardian under Order XXXII, Rule 4 of Code of Civil Procedure

For the purpose of section 39 of Code of Civil Procedure the court is of competent jurisdiction, if at the time of making the application for transfer of decree to it, such court would have jurisdiction to try the suit

Mark the incorrect statement in relation to Order 23 of Code of Civil Procedure, 1908:

A foreign judgement

Under Order VI, Rule 18 of Code of Civil Procedure, the time limit, for the purpose of carrying on the amendment in the pleading, by the order of the court

According to Section 2(11) Code of Civil Procedure, ‘legal representative’ means

Section 10 of the Civil Procedure Code is related to

An agreement or compromise is entered into on behalf of a minor without the leave of the Court. Such agreement or compromise, under Order 32, Rule 7 of Code of Civil Procedure is:

After completion of the trial, the judge pronounced the judgement but did not sign the decree and he is transferred. Then-

Order 20, Rule 12 of the Code of Civil Procedure provides for passing of preliminary decree in a suit for

Where a Caveat has been lodged under section 148A of Code of Civil Procedure, what is the period after expiry of which such Caveat shall not remain in force?

Which of the following are the principal rules as to concurrent jurisdiction?
1. Concurrent as to pecuniary limit and the subject matter
2. Competency of the former court to be determined as on the date of the ‘former suit’ and not as on the date of the ‘subsequent suit’
3. Competency of the trial court determination
4. Competence of court when there is a court with preferential jurisdiction
5. Both the suits are in revenue court, but appeals lie to different authorities

The period of limitation for filing leave to defend in a suit under Order XXXVII of the Code of Civil Procedure is within

Order XXXVII of the Code of Civil Procedure applies to a suit:

A sues B to recover Rs. 1,000 alleged to be rent due under a lease executed by B. The court finds that B was in occupation of the premises during the period for which the rent is claimed, but that the alleged lease was not executed by B. At this stage A applies to amend his plaint by alleging that, though the lease was not executed by B, he is entitled to recover the amount for use and occupation of the premises.

Section 100-A of the Code of Civil Procedure, as substituted by the Amendment Act of 2002 will not have retrospective effect so as to bring within its fold even appeals preferred prior to coming into force of the said amendment with effect from 1st July 2002. Thus, a Letters Patent Appeal, which was filed prior to the coming into force of the said amendment, would be maintainable. In which of the following cases it was so upheld?

What will be the nature of an order passed by Court rejecting the plaint for non payment of a Court fee?

Assertion (A): A civil court has jurisdiction to try all suits of civil nature.
Reason (R): The cognizance of a civil suit should be expressly barred.
Select the correct answer:

Where the defendant is confined in a prison, the summons shall be served:

The principle of res judicata is not applicable to which of the following

The term “Res Sub Judice” means

Which Section of the Code of Civil Procedure provides that the objections as to the territorial and pecuniary jurisdiction must be raised at the first opportunity?

Which of the following list of rules bar a fresh suit in respect of the same cause of action under section 12 of the Code of Civil Procedure?
1. O. 2, r 2
2. O. 9, r 9
3. O. 22, r 9
4. O. 23, r 1

In second appeal the re-appreciation of evidence is:

A sues B for Rs. 200. As against the said claim, B claims to set-off Rs. 200, being part of a sum of Rs. 1,200 alleged to be due to him by A, but omits to counter claim from A the balance of Rs. 1,000.

The duration of existence of a Caveat filed under Code of Civil Procedure 1908 is

The present Section 5 of the Limitation Act applies to all applications other than those under any of the provision of XXI of Civil Procedure Code, 1908, if the applicant satisfies the court that he had sufficient cause for not preferring the appeal or making the application within such period.

Under Section 104 of the Code of Civil Procedure an appeal can be preferred against

Order XVII, Rule 2 and Order XVII, Rule 3 of Code of Civil Procedure are

Under section 89 the court shall formulate the terms of settlement and give them to the parties for their observations and after receiving the observations of the parties, the court may reformulate the terms of possible settlement and the same for:
1. Arbitration
2. Conciliation
3. Judicial settlement including settlement through Lok Adalat
4. Mediation

By which judgment, the Hon’ble Apex Court upheld the constitutional validity of amendments made in the Code of Civil Procedure vide amendment Acts of 1999 and 2002:

A sues B on a bill of exchange for Rs. 1000 B holds a judgment against A for Rs. 2000.

Which of the following properties are not liable to attachment in execution of decree?

If no time is prescribed in the order for carrying out amendment, what is the period within which amendment is to be carried out under Order 6 Rule 18 of the Civil I Procedure Code?

A private transfer or delivery of the property attached made in pursuance of any contract for such transfer or delivery entered into an registered before the attachment, by virtue of section 64(2) of Code of Civil Procedure, shall be

Where decree is for the partition of an undivided estate assessed to the payment of revenue to the government, the partition of the estate, in accordance with the law for the time being in force, shall be made by-

For the purpose of Order XIV, Rule 4 of Code of Civil Procedure the Court may adjourn the framing of issues to a date not later than

Date appointed by any Court for presenting list of witnesses by the parties to obtain summons to them for their attendance in Court, shall not be later than-

Judgement and decree have been dealt in which of the following order in Code of Civil Procedure?

When and how a decree can be passed on a compromise in a suit against a minor sued through his guardian?

A suit under Order XXXVII can be filed on the basis of

Whenever the suit is decided through any of the modes of settlement of dispute referred to in Section 89 of Code of Civil Procedure, the plaintiff shall be entitled to refund of full amount of Court fee paid in respect of such plaint as per Section . . . . . . . . of the Court Fees Act, 1870

Res judicata is

The power of a Court to correct clerical or arithmetical mistakes in judgments, decrees or orders:

Which of the following deals with the exemption of members of legislative bodies from arrest and detention under civil process in the Code of Civil Procedure?

In the case of United Bank of India v. Rasayan Udhyog the Calcutta High Court held that interest pendente lite and interest for the post decretal period are:

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:

In case of a cause of action arising at a place where a corporation has a subordinate office, the corporation is deemed to carry on business

Plea raised by contesting respondent is in fact called:

‘X’ dies leaving behind a son ‘Y’ and a married daughter ‘Z’, a suit filed by ‘X’, after his death, can be continued by:

A sues B on a bill of exchange for Rs. 500. B holds a judgment against A for Rs. 1000. The two claims being both definite pecuniary demands may be set off. The illustration is given in:

An ex-parte decree can be set aside

No suit against the Govemment or Public Officer shall be instituted until expiration of . . . . . . . . period next after notice in writing has been delivered

A person may sue a foreign state:

Under section 100A of the Code of Civil Procedure, where any appeal from an original or appellate decree or order is heard and decided by a single judge of a High Court:

Which of the following deals with the inquiry as to whether applicant is an indigent person in the Code of Civil Procedure?

Under Order XXIII, Rule 1 of Code of Civil Procedure, the plaintiff is

Suits for declaration and injunction is respect of public nuisances under Section 91 of Code of Civil Procedure can be instituted by

Order 32 of the Code of Civil Procedure is related to?

Decree’, as defined by Section 2 of the Code of Civil Procedure, 1908 does not include;

A filed a suit against B seeking three reliefs. The matter was decreed in A’s favour and the first relief was partially granted to A. The decree was silent as to the other two reliefs. Can A file a second suit in the same matter seeking the further two reliefs?