Code Of Civil Procedure - Practice Test

[#1996] In the Code of Civil Procedure, a Civil Court can direct attachment before judgment in respect of any property, in a proceeding pending before it, in accordance with the provisions which are contained in

(A) Order XXXVII

(B) Order XXXVIII

(C) Order XXXIX

(D) Order LX

Correct Answer

(B) Order XXXVIII

[#1997] A, alleging that he is the adopted son of X, sues B to recover certain property gran ted to him by X under a deed and forming part of the estate of X. The court finds that A is not the adopted son of X

but that he is entitled to the property under the deed and a decree is passed for A.

(A) The finding that A is not the adopted son of X, will not operate as res judicata in a subsequent suit between A and B in which the question of adoption is again put in issue

(B) The finding that A is not the adopted son of X, will operate as res judicata in a subsequent suit between A and B in which the question of adoption is again put in issue

(C) Either A or B

(D) None of these

Correct Answer

(A) The finding that A is not the adopted son of X, will not operate as res judicata in a subsequent suit between A and B in which the question of adoption is again put in issue

[#1998] A sues B for rent

B pleads abatement of rent on the ground that the area is less than that entered in the lease. The court finds that the area is greater than that shown in the lease.

(A) The finding as to the excess area is not res judicata for it is only ancillary to the direct and substantial issue whether the area is equal to that shown in the lease or less

(B) The finding as to the excess area is res judicata for it is ancillary to the direct and substantial issue whether the area is equal to that shown in the lease or less

(C) The finding as to the excess area is not res judicata for it is ancillary to the direct and substantial issue whether the area is equal to that shown in the lease or less

(D) None of these

Correct Answer

(A) The finding as to the excess area is not res judicata for it is only ancillary to the direct and substantial issue whether the area is equal to that shown in the lease or less

[#1999] As per Section 2(12) of Code of Civil Procedure, 'mesne profits' of property are profits received by a person in

(A) Unlawful possession of the property

(B) Wrongful possession of the property

(C) Lawful possession of the property

(D) Effective possession of the property

Correct Answer

(B) Wrongful possession of the property

[#2000] "Any relief claimed in the plaint, which is not expressly granted by the decree, shall, for the purposes of this section, be deemed to have been refused." This provision is incorporated in

(A) Section 11, Explanation II

(B) Section II, Explanation III

(C) Section 11, Explanation IV

(D) Section 11, Explanation V

Correct Answer

(D) Section 11, Explanation V

Code Of Civil Procedure - Study Mode

[#1996] In the Code of Civil Procedure, a Civil Court can direct attachment before judgment in respect of any property, in a proceeding pending before it, in accordance with the provisions which are contained in

Correct Answer

[#1997] A, alleging that he is the adopted son of X, sues B to recover certain property gran ted to him by X under a deed and forming part of the estate of X. The court finds that A is not the adopted son of X but that he is entitled to the property under the deed and a decree is passed for A.

Correct Answer

[#1998] A sues B for rent B pleads abatement of rent on the ground that the area is less than that entered in the lease. The court finds that the area is greater than that shown in the lease.

Correct Answer

[#1999] As per Section 2(12) of Code of Civil Procedure, 'mesne profits' of property are profits received by a person in

Correct Answer

[#2000] "Any relief claimed in the plaint, which is not expressly granted by the decree, shall, for the purposes of this section, be deemed to have been refused." This provision is incorporated in

Correct Answer

[#1997] A, alleging that he is the adopted son of X, sues B to recover certain property gran ted to him by X under a deed and forming part of the estate of X. The court finds that A is not the adopted son of X

but that he is entitled to the property under the deed and a decree is passed for A.

[#1998] A sues B for rent

B pleads abatement of rent on the ground that the area is less than that entered in the lease. The court finds that the area is greater than that shown in the lease.