Code Of Civil Procedure - Study Mode

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[#351] Which of the following instances of order are decrees? 1. An order rejecting an application for leave to sue in forma pauperis for no suit has till then been filed 2. An order refusing leave to institute for accounts of religious endowment 3. An order under the Indian Trusts Act, 1882 dismissing an application for the removal of trustee 4. An order on a settlement case under section 104 (2) of the Bengal Tenancy Act 3 of 1898 as the proceeding is instituted not by a plaint but by an application 5. An order made on an application to the District Court under section 84 (2) of the Madras Religious Endowments Act 2 of 1927

(A) 1, 3

(B) 2, 5

(C) 2, 4, 5

(D) All of these

Correct Answer

(D) All of these

[#352] The language of the judgment should be sober, temperate and clear. Use of abbreviation or code words should be

(A) Used

(B) Conditionally used

(C) Strictly avoided

(D) Necessary

Correct Answer

(C) Strictly avoided

[#353] Which of the following is not an essential condition for the applicability of the rule of sub judice?

(A) The matter in issue in the subsequent suit must be directly and substantially in issue in the previous suit

(B) Both the suits must be between the same parties or their representatives

(C) Such parties must be litigating under the same title in both the suits

(D) The subject matter and the cause of action should be the same in both the suits

Correct Answer

(D) The subject matter and the cause of action should be the same in both the suits

[#354] Which of the following deals with the direction of the court to opt for any one mode of alternative dispute resolution in the Code of Civil Procedure?

(A) Order 5, Rule 30

(B) Order 10, Rule 1A

(C) Order 6, Rule 10

(D) Order 8, Rule 22

Correct Answer

(B) Order 10, Rule 1A

[#355] Section 152 of the Code of Civil Procedure empowers the Court to amend judgment, decrees, or orders in respect of

(A) Clerical or arithmetical mistakes only

(B) Accidental slips or omissions only

(C) A and B both

(D) None of the above

Correct Answer

(C) A and B both