Code Of Civil Procedure - Study Mode
[#956] A 'next friend' or guardian, of a minor, in a suit
Correct Answer
(B) Can be discharged if the minor on attaining majority elects to continue with the suit applies for the discharge
[#957] Attachment before judgement in a suit dismissed for default/non-prosecution revives automatically on the restoration of a suit-
Correct Answer
(C) False
[#958] Order XXVI, Rule 4A Code of Civil Procedure, empowers the court to issue commission in a suit for examination of a person-
Correct Answer
(A) Resident within the local limit of its jurisdiction
[#959] Inherent powers may be used by the Court for
Correct Answer
(C) Both A and B above
[#960] 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
Correct Answer
(D) All of these