Code Of Civil Procedure - Practice Test

[#436] A, alleging that he is the proprietor of a village, sues B, C and D for ejectment. The defence is that A is not the proprietor and that part of the village belongs to B, C and D, and the rest to X, Y and Z. The court finds that A is not the proprietor, and A's suit is dismissed. A then sues, X, Y and Z and also B, C and D for declaration that he is the proprietor of the village and for possession.

(A) The question of A's title to the village is res judicata so as to bar the suit against B, C and D, who were parties to the former suit, but it is not res judicata so as to bar the suit against X, Y and Z who were not parties to the former suit

(B) It cannot be said that B, C and D litigated in the former suit in respect of a private right claimed in common for them and X, Y and Z. They set up only their own right to a part of the property and as to the rest they alleged that it belonged to X, Y and Z

(C) Both A and B

(D) None of these

Correct Answer

(C) Both A and B

[#437] For the purpose of amendment of pleadings under Order VI Rule 17 Code of Civil Procedure, the commencement of trial takes place

(A) When the issues are framed

(B) When the affidavits in evidence are filed

(C) When the affidavits in evidence are tendered by the witness

(D) Once cross-examination begins

Correct Answer

(A) When the issues are framed

[#438] Which of the following can be contemplated as written contracts under Order XXXVII of Code of Civil Procedure

(A) Bills/invoices

(B) Acknowledgment or a signed statement of account

(C) Both A and B

(D) Neither A nor B

Correct Answer

(C) Both A and B

[#439] Where a plaintiff fails to present the required copy/copies of the plaint alongwith the requisite fee within the prescribed period under Order VII, Rule 9 of Code of Civil Procedure from the date of the order of serving of summons on the defendant, the plaint is liable to be

(A) Rejected

(B) Dismissed for non-prosecution

(C) Dismissed in default

(D) Neither A nor B nor C

Correct Answer

(A) Rejected

[#440] Costs under section 35A of Code of Civil Procedure can be imposed

(A) In an appeal

(B) In a revision

(C) Both in an appeal and a revision

(D) Neither in an appeal nor in a revision

Correct Answer

(D) Neither in an appeal nor in a revision

Code Of Civil Procedure - Study Mode

Correct Answer

[#437] For the purpose of amendment of pleadings under Order VI Rule 17 Code of Civil Procedure, the commencement of trial takes place

Correct Answer

[#438] Which of the following can be contemplated as written contracts under Order XXXVII of Code of Civil Procedure

Correct Answer

[#439] Where a plaintiff fails to present the required copy/copies of the plaint alongwith the requisite fee within the prescribed period under Order VII, Rule 9 of Code of Civil Procedure from the date of the order of serving of summons on the defendant, the plaint is liable to be

Correct Answer

[#440] Costs under section 35A of Code of Civil Procedure can be imposed

Correct Answer