Code Of Civil Procedure - Study Mode
[#1511] Whether the appeal or revisional court can return the plaint under Order 7 Rule 10 Code of Civil Procedure after set side the decree:
Correct Answer
(D) Yes
[#1512] Mark the incorrect proposition: 1. Set-off is a statutory defence to a plaintiff's action, whereas a counterclaim is a cross-action. 2. Set-off and counter-claim arises out of the same transaction. 3. Set-off should not be barred on the date of the suit while counter-claim should not be barred on the date of filing of written statement. 4. Claim for set-off cannot exceed plaintiff's claim, whereas counterclaim can exceed the plaintiffs claim. 5. Both set-off and counter-claim cannot exceed the pecuniary jurisdiction of the court.
Correct Answer
(B) 2 only
[#1513] Issues are framed by a Court. Onus of some of the issues is on the Plaintiff and of some of the issues, the onus is on the Defendant. The Plaintiff has to
Correct Answer
(C) File its affidavits in evidence in affirmative on the issues onus whereof is upon the Plaintiff
[#1514] When two or more courts have the jurisdiction if the parties by an agreement confer the jurisdiction exclusively on one of such courts, it results into
Correct Answer
(C) Consensual jurisdiction
[#1515] The court to amend a decree is the court that passed it. Where an appeal is preferred from a decree of a court of first instance the Appellate Court may:
Correct Answer
(C) Either A or B