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.<br>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.

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.

A

1, 2 and 3

B

1, 3 and 4

C

2, 3 and 4

D

All of the avove

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 1^st March 1993. The court consequently on 1^st March 1993 passed an ex parte order against B and listed the case for 3^rd April 1993 for ex parte evidence of A.

A

B can participate in further proceedings of the case

B

B can seek setting aside of the ex parte order if he is able to show good cause for his non-appearance

C

Both A and B are correct

D

Both A and B are incorrect

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.

A

Since the new decree is on the same terms, as the decree which is set aside, the execution proceedings will continue

B

Court 'B' can continue to execute the ex parte decree since the order of transfer has not been recalled

C

The Decree Holder can seek amendment to the execution proceedings

D

The execution proceedings in Court 'B' come to an end a fresh execution petition would have to be filed of the new decree

A sues B to recover Rs. 1,000 alleged to be rent due under a lease executed by B. The court finds that B was in occupation of the premises during the period for which the rent is claimed, but that the alleged lease was not executed by B. At this stage A applies to amend his plaint by alleging that, though the lease was not executed by B, he is entitled to recover the amount for use and occupation of the premises.

A

The amendment will be allowed

B

The amendment will not be allowed

C

Either A or B

D

None of these

A minor borrowed some money on a promissory note. After attaining majority, he executed another promissory note in respect of the original loan plus the accrued interest. The creditor filed a suit to recover the money on the basis of the second promissory note. The suit is liable

A

To be dismissed as the money was not advanced to the minor for necessaries

B

To be dismissed as the first promissory note being void cannot constitute a valid consideration

C

To be decreed as the second promissory note was executed when the debtor had become major

D

To be decreed as the loan given under the first promissory note constitutes past consideration and the past consideration is valid under the Indian law

The average age of a family having three members is 40 years. The smallest member of the family is 18 years old. The difference between the age of the oldest family member and the age of the second oldest family member is 6 more than the difference between the age of the second oldest member and age of youngest member of the family. Quantity I: 25 years hence, what will be the average of the age of smallest member and that of oldest member of the family? Quantity II: What is the age of the oldest member of the family?

A

Quantity I ≤ Quantity II

B

Quantity I ≥ Quantity II

C

Quantity I > Quantity II

D

Quantity I = Quantity II

E

Relationship cannot be determined

When an ex parte decree is passed, the defendant would normally ask for setting aside of ex parte decree:

A

By the application under Order IX Rule 13 of the Code of Civil Procedure

B

By filing a revision petition under Section 115 of the Code of Civil Procedure

C

By filing a petition under Article 227 of the Constitution of India

D

By filing an application under Order IX, Rule 7 of the Code of Civil Procedure

Six persons - Akshay, Bobby, Celina, Dimple, Esha, and Faisal took up a job with XYZ Consultants in a week from Monday to Saturday. Each of them joined for different posts on different days. The posts were of-Clerk, Officer, Technician, Manager, Supervisor and Sales Executive though not in the same order. Faisal joined as a Manager on the first day. Bobby joined as a Supervisor but neither on Wednesday nor Friday. Dimple joined as a Technician on Thursday. The officer joined the firm on Wednesday. Esha joined as a clerk on Tuesday. Akshay joined as a Sales Executive. Who joined the firm on Wednesday?

A

Celina

B

Esha

C

Data inadequate

D

Bobby

To set aside the decree passed ex-parte, where the summons was duly served, the period of limitation is

A

Ten days from the date of decree

B

Thirty days from the date of decree

C

Sixty days from the date of decree

D

Ninety days from the date of decree

Which of the following is/are true about the Negotiable Instruments Act, the Promissory Note?
1. Definition of Promissory Note is given in section 8 of the Negotiable Instrument Act
2. Containing an unconditional undertaking
3. To pay a certain sum of money only to a specific person or the bearer
4. The seller is bound to accept the promissory note
5. A document was written and signed by the payer/maker

A

2, 3 and 5

B

2, 3 and 4

C

1, 2, 3 and 4

D

All of the above

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