Which among the following statements regarding filing Rejoinder/Replication in a suit, as per the Code of Civil Procedure 1908, are correct? 1. Rejoinder/ Replication is filed as a matter of Right 2. Provision of filing Rejoinder/ Replication is contained under Order VIII of the Code of Civil Procedure 3. Rejoinder/Replication may be filed only after due permission of the Court. 4. Rejoinder/Replication is a part of pleading. Select the correct answer:

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

A

1, 2

B

3, 4

C

2, 4, 5

D

All of these

Which of the following statements are correct in the context of Section 5 of Code of Civil Procedure?
1. Revenue Court is a part of Civil Court
2. Civil Court. means courts having original jurisdiction under Code of Civil Procedure but not Revenue Court
3. Civil Court means courts having original jurisdiction under Code of Civil Procedure including Revenue Court
4. Revenue Court is not a part of Civil Court

A

1 and 2

B

2 and 3

C

2 and 4

D

3 and 4

E

None of these

Existence of two suits, by parties litigating under same title, one previously instituted which is pending at present and the other filed later, wherein a matter in issue in the subsequently filed suit is directly and substantially in issue in the other and the relief claimed in the subsequent suit can effectively, be passed by the court of previous instance. Which section of Code of Civil Procedure decides the fate of the subsequently filed suit and its proceeding?

A

Section 9

B

Section 10

C

Section 11

D

Section 12

In a suit for partition, a Memorandum of Family Settlement is filed and on this basis the partition suit is decreed, but even after disposal of the suit the original Memorandum of Family Settlement remains in the file of the partition suit, then in such situation whether in a suit for eviction by one of the original co-owner of a tenant of a shop of the joint property which has fallen to the share of that co-owner as per the decree passed on the Memorandum of Family Settlement, can the certified copy of the Memorandum of Family Settlement be filed and proved as a public document in the suit against the tenant?

A

No, it cannot be because the original Memorandum of Family Settlement document which exists in the suit for partition which is disposed of, is a private document and not public document under Section 74 of the Evidence Act

B

Yes, if a certified copy is obtained of the Memorandum of Family Settlement, and filed in the suit against the tenant, as the certified copy being issued by a court, is a public document

C

Yes, certified copy obtained from a court of the Memorandum of Family Settlement will be a public document provided that the suit was filed and disposed of by a High Court and not the District Court

D

Yes provided the certified copy of the Memorandum of Family Settlement is sought to be proved by the executants of the memorandum of settlement

Which of the following combinations are correctly matched?
1. Temporary ⇔ Order 39 Code of Civil Procedure injunction
2. Suit by Indigent ⇔ Order 33 Code of Civil Procedure person
3. Powers of Appellate ⇔ Section 102 Code of Civil Procedure Hate Court
4. Right to file ⇔ Section 148A Code of Civil Procedure caveat
Select correct answer:

A

1, 2 and 4

B

1, 2 and 3

C

1, 3 and 4

D

2, 3 and 4

A suit was instituted impleading the defendants in a representative capacity. Publication of the notice of the suit was made in a leading daily as directed by Court while granting permission under Order I, Rule 8. Later on the suit happened to be dismissed for default. Plaintiff filed application under Order IX, Rule 9 to restore the suit. Is it necessary to direct publication of the notice regarding the restoration application also in a leading daily to have effective service on all the persons interested?

A

No

B

Yes, but only when such suit is either to be withdrawn or compromised

C

Yes, but only when leave is to be obtained

D

In both the conditions mentioned in B and C

In a civil suit in case the sole defendant does not file the written statement within the stipulated time as per order VIII of the Code of Civil Procedure 1908 and the delay in filing the written statement is not condoned, the court shall:

A

Decree the suit in favour of the plaintiff then and there

B

Proceed ex-parte against the defendant

C

Stuck the defence of the defendant and proceed further for adjudication of the case

D

Give one more opportunity to the defendant in the interest of justice

Which of the following combinations are correctly matched-
1. Equity of ⇔ Section 49 Code of Civil Procedure judgement debtor
2. Privileged ⇔ Section 29 Code of Civil Procedure documents
3. Legal ⇔ Section 50 Code of Civil Procedure representative
4. Pauper suit ⇔ Order 33 Code of Civil Procedure
Select correct answer:

A

1, 2 and 3

B

1, 2 and 4

C

2, 3 and 4

D

1, 3 and 4

In a suit filed by the plaintiff, the defendant in his written statement has taken the objection of non-impleadment of necessary party. Despite such objection the plaintiff continued the suit and the suit finally was decreed. At the first appellate stage, the plaintiff withdraws the suit with liberty to file a fresh one on the same cause of action and subsequently filed a fresh suit. The period spent by the plaintiff in the earlier suit, under section 14 of Limitation Act is

A

Liable to be excluded on the ground that the plaintiff was prosecuting the earlier suit with due diligence and in good faith

B

Not liable to be excluded as the plaintiff cannot be said to be prosecuting the earlier suit with due diligence and in good faith

C

Liable to be excluded under section 14(3) of Limitation Act

D

To be excluded or not to be excluded is in the discretion of the court

Ordinarily an amendment of pleading in a suit may be carried out by the contesting parties under Order VI Rule 17 of the Code of Civil Procedure 1908.The court may allow the amendment:
1. In case the changes carried out in the pleading do not change the relief claimed for.
2. At any stage of the suit.
3. Without imposing costs.
4. Of an application filed for interim relief.
Select the correct answer:

A

1 and 2

B

2 and 3

C

3 and 4

D

1 only

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