Code Of Civil Procedure - Study Mode

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[#126] Mark the incorrect statement:

(A) The court must be competent to try the suit at the time of filing of the suit. Subsequent change in value does not affect the jurisdiction

(B) It is the plaintiff's valuation in the plaint that determines the jurisdiction of the court and not the amount for which ultimately the decree may be passed by the court

(C) If the pecuniary jurisdiction of the court is Rs. 10,000 and the plaintiff files a suit for accounts and finally the court finds on taking the account that Rs. 15,000 are due, the court is not deprived of its jurisdiction to pass a decree for that amount

(D) If the plaintiff undervalues or overvalues the claim for the purpose of choosing the forum, it is not the duty of the court to return it to be filed in the proper court

(E) The mesne profits are a compensation which is penal in nature

(F) The object of awarding a decree for mesne profits is to compensate the person who has been kept out of possession and deprived of enjoyment of his property

(G) Wrongful possession by the defendant is the essence of a claim for mesne profits

(H) Mesne profits can be claimed in respect of both movable and immovable property

Correct Answer

(D) If the plaintiff undervalues or overvalues the claim for the purpose of choosing the forum, it is not the duty of the court to return it to be filed in the proper court
(H) Mesne profits can be claimed in respect of both movable and immovable property

[#127] An ex-parte decree can be set aside on the ground of

(A) Summons not duly served

(B) Being prevented by any sufficient cause from appearance

(C) Non-appearance due to non-availability of documents with the plaint

(D) Both A and B

Correct Answer

(D) Both A and B

[#128] Where a person entitled to institute a suit or make an application for the execution of a decree is, at the time from which the prescribed period is to be reckoned, a person with disability, he may institute the suit or make the application within the same period after the disability has ceased, as would otherwise have been allowed from the time specified therefore in the third column of the schedule, instead of 'a person with disability', the Act specifies three types of disabilities. Which of the following is not stated in the Act?

(A) A minor

(B) An insane

(C) An idiot

(D) A visually challenged

Correct Answer

(D) A visually challenged

[#129] Jurisdiction of civil court can be barred

(A) Expressly only

(B) Impliedly only

(C) Either expressly or impliedly

(D) Neither expressly nor impliedly

Correct Answer

[#130] Voluntary amendment is provided for under

(A) Order 6, R-7, Code of Civil Procedure

(B) Order 6, R-15, Code of Civil Procedure

(C) Order 6, R-17, Code of Civil Procedure

(D) Order 6, R-19, Code of Civil Procedure