Bissoy.com
Doctors Medicines MCQs Q&A

In a suit for recovery instituted by A against B, despite the summons of suit having been duly served upon B, he did not appear on the date fixed in the summons on 1st March 1993. The court consequently on 1st March 1993 passed an ex parte order against B and listed the case for 3rd April 1993 for ex parte evidence of A.

In a suit for recovery instituted by A against B, despite the summons of suit having been duly served upon B, he did not appear on the date fixed in the summons on 1st March 1993. The court consequently on 1st March 1993 passed an ex parte order against B and listed the case for 3rd April 1993 for ex parte evidence of A. Correct Answer Both A and B are correct

Related Questions

A suit may be dismissed under Order 9 of Code of Civil Procedure, 1908:
1. Where the summons is not served upon the defendant in consequence of the plaintiffs failure to pay costs for service of summons.
2. Where neither the plaintiff nor the defendant appears.
3. Where plaintiff, after summons returned unserved, fails for 7 days to apply for fresh summons.
4. Where on the date fixed for hearing in a suit only defendant appears and he does not admit the plaintiffs claim.
To constitute a matter of res judicata which of the following conditions must concur?
1. The matter directly and substantially in issue in the subsequent suit or issue must be the same matter which was directly and substantially in issue either actually (section 11, explanation III) or constructively (section 11, explanation IV) in the former suit
2. The former suit must have been a suit between the same parties under whom they or any of them claim. Explanation VI of Section 11 must be read with this condition
3. The parties as aforesaid must have litigated under the same title in the former suit
4. The court which decided the former suit must have been a court competent to try the subsequent suit of the suit in which such issue has been subsequently raised. Explanation II of section 11 is to be read with condition
5. The matter directly and substantially in issue in the subsequent suit must have been heard and finally decided by the court in the first suit. Explanation V of section 11 is to be read with this condition
X sues A and B on a promissory note executed by A, B is A's nephew, and he is joined as a defendant on the ground that A and B are member of a joint Hindu family, and that the note was for a debt binding on the family. None of the defendant appears at the hearing and an ex parte decree is passed against both the defendants.
The decree against A proceeds on the ground that the note was passed by him and against B on the ground that the debt was incurred for a family purpose. B applies for an order to set aside the decree, alleging that the summons was not served upon him and that the debt in respect of which the note was passed by A was not incurred for a family purpose. It is not disputed that the amount was actually advanced to A.
Where a suit has been duly instituted a summons may be issued to the defendant to appear and answer the claim and may be served on such day not beyond . . . . . . . . from the date of institution of suit.
The different variant of Date() constructor to create date object is/are ___________ i. new Date(date) ii. new Date(milliseconds) iii. new Date(date string) iv. new Date(year, month, date)
Among 80 students, 24 passed in Chemistry, 35 passed in Physics and 29 passed in Mathematics, 8 students did not appear for the examination. If 2 students have passed in all the three subjects, 2 students have passed in Physics and Chemistry both but not in Mathematics, 2 students have passed in Chemistry and Mathematics both but not in Physics, and 8 students have passed in Physics and Mathematics both but not in Chemistry, then how many students have passed in Mathematics only?
Seven people A, B, C, D, E, F and G live on separate floors of a 7-floor building. Ground floor is numbered 1, first floor is numbered. 2 and so on until the topmost floor is numbered 7. Each one of these having a different cars-Cadillac, Ambassador, Fiat, Maruti, Mercedes, Bedford and Fargo but not necessarily in the same order. Only three people live above the floor on which A lives. Only one person lives between A and the one having a car Cadillac. F lives immediately below the one having a car Bedford. The one having a car Bedford lives on an even-numbered floor. Only three people live between the ones having a car Cadillac and Maruti. E lives immediately above C. E is not having a car Maruti. Only two people live between B and the one having a car Fargo. The one having a car Fargo lives below the floor on which B lives. The one having a car Fiat does not live immediately above D or immediately below B. D does not live immediately above or immediately below A. G does not have a car Ambassador. Question : How many people live between the floors on which D and the one having a car Bedford ?
An ex parte decree passed by Court 'A' was transferred to Court 'B' for execution and which execution proceedings are pending in Court 'B'. Court 'A' aside the ex parte decree and on re-hearing, a fresh decree was passed on the same terms.
To set aside the decree passed ex-parte, where the summons was duly served, the period of limitation is
In order for that a decision in a former suit may operate as res judicata, the court which may decide that suit must have been?
1. A civil court of competent jurisdiction
2. A court of exclusive jurisdiction
3. A court of concurrent jurisdiction 'competent to try the subsequent suit'
4. A court of limited jurisdiction competent to try the issue raised in the subsequent suit