Code Of Civil Procedure - Study Mode

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[#1746] The word 'possession or power' used in O. 13, r 1 and r 2 imply:

(A) That the document in question must be in actual physical possession or control of the plaintiff

(B) That the document over which the plain tiff has no control

(C) That the document which can be produced only through intervention of court by calling a witness and asking him to produce a document

(D) None of these

Correct Answer

(A) That the document in question must be in actual physical possession or control of the plaintiff

[#1747] Which section of the Code of Civil Procedure, 1908 is clearly in the nature of a power to issue a writ of certiorari?

(A) Section 11

(B) Section 105

(C) Section 115

(D) Section 122

Correct Answer

[#1748] Where an injunction has been granted without giving notice to the opposite party, the Court shall make an endeavour to finally dispose of the application within . . . . . . . . days.

(A) Fifteen days

(B) Thirty days

(C) Sixty days

(D) Ninety days

Correct Answer

(B) Thirty days

[#1749] Property liable to attachment and sale in execution of decree is mentioned

(A) Under section 59 of Code of Civil Procedure

(B) Under section 60 of Code of Civil Procedure

(C) Under section 61 of Code of Civil Procedure

(D) Under section 62 of Code of Civil Procedure

Correct Answer

(B) Under section 60 of Code of Civil Procedure

[#1750] Which of the following is incorrect

(A) Property in the hands of the receiver cannot be attached without the permission of the court appointing him

(B) Receiver can purchase the property in respect of which he has been appointed as receiver

(C) If the receiver fails to account for the gain and loss and loss ensued by his conduct, the loss so occasioned can be made good by attaching and sale of receivers' personal property

(D) All the above

(E) Second appeal lies in a suit cognizable by the courts of small causes, when the subject-matter of original suit does not exceed Rs. 3,000

(F) No second appeal lies in a suit cognizable by courts of small cause when the subject matter of original suit does not exceed Rs. 3,000

(G) In second appeal, the High Court may determine any question which has not been determined or wrongly determined by the courts below

(H) Both A and B

Correct Answer

(B) Receiver can purchase the property in respect of which he has been appointed as receiver
(E) Second appeal lies in a suit cognizable by the courts of small causes, when the subject-matter of original suit does not exceed Rs. 3,000