Code Of Civil Procedure - Practice Test

[#311] A' filed a suit against three defendants. Defendant No. 1 alleged that there was no cause of action against him under order VII Rule 11(d) Code of Civil Procedure. The Plaint is to be

(A) Rejected in whole

(B) Rejected in part if the cause of action is not joint and several

(C) Proceeded with against all defendants

(D) None of these

Correct Answer

(C) Proceeded with against all defendants

[#312] Notice' under Section 80 of the Code of Civil Procedure, when it relates to 'Railways', has to be served on which of the following?

(A) Minster of Railways

(B) Secretary of Railway Ministry

(C) General Manager of concerned railway

(D) Prime Minister of India

Correct Answer

(C) General Manager of concerned railway

[#313] In a suit for partition instituted on 5 th July, 2000, recording of evidence has commenced. An application dated 9 th July, 2018 of the plaintiff to amend the plaint.

(A) Lies and shall be allowed if the amendment is necessary for the purpose of determining the real question in controversy between the parties and on such terms as may be just

(B) Lies and shall be allowed if the amendments are necessary for purposes of determining the real question in controversy between the parties but shall not be allowed unless the court comes to the conclusion that inspite of due diligence the plaintiff could not have raised the matter before commencement of trial

(C) Lies and shall be allowed

(D) Does not lie

Correct Answer

(B) Lies and shall be allowed if the amendments are necessary for purposes of determining the real question in controversy between the parties but shall not be allowed unless the court comes to the conclusion that inspite of due diligence the plaintiff could not have raised the matter before commencement of trial

[#314] Rejection of an application for leave to sue forma pauperis is:

(A) A decree

(B) Not a decree

(C) May or may not be a decree depending on facts

(D) None of the above

Correct Answer

(B) Not a decree

[#315] Res-judicata means

(A) Staying the suit during pendency of the previous suit between the same parties involving similar issues

(B) Not trying the suit if suit involving similar issues between similar parties is decided

(C) Bar to further suit

(D) Expending trial of the suit

Correct Answer

(B) Not trying the suit if suit involving similar issues between similar parties is decided

Code Of Civil Procedure - Study Mode

[#311] A' filed a suit against three defendants. Defendant No. 1 alleged that there was no cause of action against him under order VII Rule 11(d) Code of Civil Procedure. The Plaint is to be

Correct Answer

[#312] Notice' under Section 80 of the Code of Civil Procedure, when it relates to 'Railways', has to be served on which of the following?

Correct Answer

[#313] In a suit for partition instituted on 5 th July, 2000, recording of evidence has commenced. An application dated 9 th July, 2018 of the plaintiff to amend the plaint.

Correct Answer

[#314] Rejection of an application for leave to sue forma pauperis is:

Correct Answer

[#315] Res-judicata means

Correct Answer