Code Of Civil Procedure - Study Mode
[#161] Default in filing of written statement has been dealt with
Correct Answer
(C) Under Order VIII, Rule 10 of Code of Civil Procedure
[#162] A plaint is liable to be returned, when
Correct Answer
(D) Plaint is filed in a court having no jurisdiction
[#163] Under Order XVI, Rule 1, sub-rule (4) summons may be obtained by the parties within . . . . . . . . of presenting the list of witnesses
Correct Answer
(A) 5 days
Explanation
Solution: In the context of the Code of Civil Procedure, specifically Order XVI, Rule 1, sub-rule (4) , it pertains to the issuance of summons to witnesses. When a party wishes to call witnesses to testify in a civil case, they need to provide a list of these witnesses to the court. Sub-rule (4) of Rule 1 in Order XVI deals with the timeline for obtaining summons for these witnesses. The rule states that parties have a specific period of time within which they can obtain the necessary summons after presenting the list of witnesses. In this case, the correct time frame is 5 days . This means that from the moment a party submits or presents their list of witnesses to the court, they have a maximum of 5 days to request and obtain the summons for those witnesses. So, to reiterate, the correct answer to the question is indeed Option A: 5 days . It's essential for parties involved in a civil case to be aware of these timelines to ensure that they can properly notify and summon their witnesses for the trial.
[#164] Substitution of the legal representatives of either party, in case of death, is permissible
Correct Answer
(A) When the right to sue survives
[#165] Examination de bene esse, under Order 18, Rule 16 Code of Civil Procedure means:
Correct Answer
(A) Examination of a witness before the hearing