Which of the following combinations are not correctly matched?1. Execution of decree ? Sec. 77, Code of Civil Procedure2. Letter of request ? Sec. 82, Code of Civil Procedure3. Legal representative ? Sec. 50, Code of Civil Procedure4. Institution of suit ? Sec. 28, Code of Civil ProcedureSelect the correct answer:

Which of the following combinations are correctly matched?
1. Judgement and decree ⇔ Section 34, Code of Civil Procedure
2. Costs ⇔ Section 35, Code of Civil Procedure
3. Institution of suits ⇔ Section 26, Code of Civil Procedure
4. Legal representative ⇔ Section 50, Code of Civil Procedure
Select correct answer:

A

2, 3 and 4

B

1, 2 and 3

C

1, 3 and 4

D

1, 2 and 4

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 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 for money a decree is passed by consent whereby the defendant is directed to pay to the plaintiff Rs. 35,000. It is further declared by the decree that the plaintiff should have a first charge on certain immovable property belonging to the defendant. Is the plaintiff entitled to have the property sold in execution of the decree without institution a regular suit for sale on the charge?

A

Yes, because there being no mortgage or charge prior to the decree, the decree cannot be said to have been obtained 'for the payment of money in satisfaction of a claim arising under the mortgage' within the meaning of O. 34 r 14

B

No, because there being no mortgage or charge prior to the decree, the decree can be said to have been obtained 'for the payment of money in satisfaction of a claim arising under the mortgage' within the meaning of O. 34 r 14

C

The immovable property must have been made security for the payment of the money before the decree was obtained, otherwise the provision of this rule do not apply

D

None of these

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 statements is correct?
An attachment order may come to an end by
A. Satisfaction of decree.
B. Setting aside or reversal of decree.
C. Dismissal of execution application for decree holder's default.
D. Death of the decree holder.
E. Agreement/compromise between the parties.
Select the correct answer:

A

1, 2, 3 and 5

B

2, 3 and 5

C

2, 3, 4 and 5

D

All these

In execution of decree against legal representatives, the liability of the legal representative under section 50 of Code of Civil Procedure

A

Is limited to the extent of the property of the deceased inherited by him

B

Is not limited to the extent of the property inherited but extends to his personal property

C

Extends to his personal property in cases where he has not inherited anything

D

Either B or C

Consider the following propositions:
1. A void marriage remains valid until a decree annulling it has been passed by a competent court.
2. A void marriage is never a valid marriage and there is no necessity of any decree annulling it.
3. A voidable marriage remains valid until a decree annulling it has been passed by a competent court.
4. Children born out of void marriage will get legal protection under section 16 of the Hindu Marriage Act, 1955 on the basis of decree of nullity of such marriage.
Choose the correct option from below:

A

2 and 3 are correct.

B

1, 3 and 4 are correct.

C

1, 2 and 3 are correct.

D

1 and 2 are correct.

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

In a contractual dispute between two parties A and B, A files a suit in New Delhi where the cause of action arose. Two days later, B files a suit in the same matter in Mumbai, where A is resident. The pendency of the first suit is not brought to the notice of the court in Mumbai. The court pronounces judgement in second suit before the first suit is decided. Would such decision operate as a bar on the court in New Delhi to try the suit any further?

A

Yes, the principle of res judicata will apply

B

No, the principle of res judicata only applies against 'former suits.' In this case, the suit in Mumbai was filed subsequent to the suit in Delhi and is therefore not a 'former suit.'

C

No, because the parties did not disclose the pendency of the previous suit to the Court in Mumbai

D

No, because the plaintiff in the first suit is not the plaintiff in the second suit

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