Code Of Civil Procedure - Study Mode

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[#296] A defendant can pray to the court for rejection of a plaint

(A) If the stamp writing is not clear

(B) If it is barred by another enactment of the Parliament

(C) If the plaint is made in a foreign language

(D) None of the above

Correct Answer

(B) If it is barred by another enactment of the Parliament

[#297] The principle of constructive res-judicata was explained by the Hon'ble Supreme Court in the case of

(A) Daryao v. State of Uttar Pradesh

(B) State of Uttar Pradesh v. Nawab Hussain

(C) Both A and B above

(D) None of the above

Correct Answer

(B) State of Uttar Pradesh v. Nawab Hussain

[#298] Under the Code of Civil Procedure where a person who is necessary party to a suit has not been joined as a party, it is a case of

(A) Misjoinder

(B) Non-joinder

(C) Both A and B

(D) None of these

Correct Answer

(B) Non-joinder

[#299] Under Order V Rule 9(3) of the Civil Procedure Code, 1908 the expenses for the service of summons to the defendant have to be born by

(A) The plaintiff

(B) The defendant

(C) The court

(D) Partly by plaintiff and partly by defendant

Correct Answer

(A) The plaintiff

[#300] Mark the correct statement:

(A) In set-off, court-fee is payable by the defendant

(B) Order 8, Rule 6, Code of Civil Procedure deals with legal set-off

(C) Legal set-off can be claimed as of right, the equitable set-off is dependent on the court's discretion

(D) All of the above

(E) The questions which are put only to test the credibility of a person will not be allowed as interrogatories, although they may be asked in cross-examination

(F) Interrogatories can be administered only to a party to a suit and not to a witness, whereas cross-examination can be of any person, parties and witness alike

(G) A party filing affidavit in reply to interrogatories can neither cross-examine nor adduce evidence to contradict it, as it is a conclusive proof

(H) All of the above

Correct Answer

(D) All of the above
(H) All of the above