Code Of Civil Procedure - Practice Test

[#396] If a plaintiff fails to sue for the whole of the claim which he is entitled to make in respect of a cause of action in the first suit, then he is precluded from suing in the suit in respect of portion so omitted, by virtue of

(A) Order II, Rule 2 of Code of Civil Procedure

(B) Order II, Rule 3 of Code of Civil Procedure

(C) Order II, Rule 4 of Code of Civil Procedure

(D) Order II, Rule 5 of Code of Civil Procedure

Correct Answer

(B) Order II, Rule 3 of Code of Civil Procedure

[#397] Which of the following propositions is incorrect is so far as the power to permit amendment of pleadings, under Order VI Rule 17 of the Code of Civil Procedure is concerned?

(A) Amendment of the pleadings must be allowed at any stage of the proceedings, before the trial has commenced

(B) Amendment which cause prejudice to the other side may not be allowed by the court

(C) The basic or cardinal test for deciding whether an amendment should or should not be allowed is the "real controversy test"

(D) The court is normally proscribed, from deciding the correctness or falsity of the case in the amendment when deciding an application for amendment

Correct Answer

(A) Amendment of the pleadings must be allowed at any stage of the proceedings, before the trial has commenced

[#398] 'Res judicata' does not apply to:

(A) Between co-plaintiffs

(B) Between co-defendants

(C) Public interest litigation

(D) Writ of habeas corpus

Correct Answer

(D) Writ of habeas corpus

[#399] In case the suit has been instituted in a court having no jurisdiction, territorial or pecuniary, the plaint is liable to be

(A) Returned

(B) Rejected

(C) Either A or B

(D) None of the above

Correct Answer

(A) Returned

[#400] The decrees or orders made by Small Causes Court are revisable by

(A) The District Court

(B) The High Court

(C) Both A and B

(D) None of the above

Correct Answer

(C) Both A and B

Code Of Civil Procedure - Study Mode

[#396] If a plaintiff fails to sue for the whole of the claim which he is entitled to make in respect of a cause of action in the first suit, then he is precluded from suing in the suit in respect of portion so omitted, by virtue of

Correct Answer

[#397] Which of the following propositions is incorrect is so far as the power to permit amendment of pleadings, under Order VI Rule 17 of the Code of Civil Procedure is concerned?

Correct Answer

[#398] 'Res judicata' does not apply to:

Correct Answer

[#399] In case the suit has been instituted in a court having no jurisdiction, territorial or pecuniary, the plaint is liable to be

Correct Answer

[#400] The decrees or orders made by Small Causes Court are revisable by

Correct Answer