Civil Law Test - 2

Option (1) is correct: The starting words of Section 11 of the Code of Civil Procedure state that no court shall try any suit or issue, which means it includes suit and all other issues including executing proceedings also.
Option (2) is incorrect: Provisions of res judicata also apply to the execution proceedings of a decree.
Option (3) is incorrect: Res judicata doesn’t apply only to suits, but to other issues also.
Option (4) is incorrect: No such provision.

Option (1) is incorrect: The court shall not determine whether the decree is obtained by fraud or not.
Option (2) is correct: The question shall be determined by the court whether any person is or is not the representative of a party.
Option (3) is incorrect: The court shall not determine whether the decree is obtained by collusion or not.

Option (1) is incorrect: Res judicata applies to suits and all other issues.
Option (2) is incorrect: Res judicata applies to suits and all other issues.
Option (3) is incorrect: Res judicata doesn’t apply to arbitration proceedings.
Option (4) is correct: The starting words of Section 11 of the Code of Civil Procedure states that no court shall try any suit or issue, which means that it includes suits and all other issues, including executing proceedings also.

Option (1) is correct: The rejection of the plaint on any of the grounds mentioned under Order VII, Rule 10 of the CPC shall not, of its own force, preclude the plaintiff from presenting a fresh plaint in respect of the same cause of action.
Option (2) is incorrect: After the rejection, plaintiff can present a fresh suit.
Option (3) is incorrect: Plaintiff doesn’t require the leave of the High Court.

Option (1) is incorrect: Cannot determine case finally
Option (2) is incorrect: Cannot remand case
Option (3) is correct: An appellate court cannot take additional evidence.
Option (4) is incorrect: Cannot frame and refer for trial

Option (3) is correct: Under Section 2(11) of the CPC, a ‘legal representative' means a person who in law represents the estate of a deceased person and includes any person who intermeddles with the estate of the deceased, and where a party sues or is sued in a representative character, the person on whom the estate devolves on the death of the party so suing or sued.

Option (1) is incorrect: No such provision
Option (2) is incorrect: No such provision
Option (3) is incorrect: No such provision
Option (4) is correct: Under Section 34 of the CPC, where the liability in relation to the sum so adjudged had arisen out of a commercial transaction, the rate of such further interest may exceed six percent per annum.

Option (1) is correct: Under Order VII, Rule 14(3), a document which ought to be produced in the court by the plaintiff when the plaint is presented, but is not produced or entered accordingly, shall not without the leave of the court be, received in evidence on his behalf at the hearing of the suit.

Option (1) is incorrect: Cannot be rejected
Option (2) is incorrect: Cannot be returned
Option (3) is correct: Maintainable under explanation provided under Order 9, Rule 13 of the CPC
Option (4) is incorrect: Cannot be referred for opinion to the appellate court

Option (1) is correct: Under Section 148A of the CPC, where after a caveat has been lodged under subsection (1), any application is filed in any suit or proceeding, the court shall serve a notice of the application on the caveator.

Option (3) is correct: Under Section 114 of the CPC, review is maintainable when an appeal is provided, but no appeal is preferred and when no appeal is provided.

Option (3) is correct: Under Section 32, the court can impose a fine upon him not exceeding five thousand rupees.

Option (1) is incorrect: No fresh suit shall be brought on the same cause of action.
Option (2) is incorrect: No fresh suit shall be brought on the same cause of action.
Option (3) is correct: When a suit under Order 22 of the CPC abates or dismissed, no fresh suit shall be brought on the same cause of action.
Option (4) is incorrect: No fresh suit shall be brought on the same cause of action whether sufficient cause is shown or not.

Option (1) is correct: Under Order VI, Rule 17 of the CPC, pleadings can be amended before the trial court only.

Option (1) is correct: A party filing affidavit in reply to interrogatories can be cross-examined upon it by the other party.

Option (4) is correct: Under Section 10 of the CPC, for the application of the principle res sub judice, suits must be between the same parties or litigating under the same title, must be pending for disposal in a court and the matters in issue in the two suits must be directly and substantially the same.

Option (3) is correct: Under Section 16 of the CPC, read with proviso, a suit to obtain compensation for wrong to the property may be instituted either at Bhopal or at Indore.

Option (3) is correct: The court may, at any stage of a suit, recall any witness who has been examined and may put such questions to him as the court thinks fit.

Option (3) is correct: Section 89 of the CPC was inserted by the CPC (Amendment) Act, 1999.

Option (1) is correct: Compromise under Order XXIII, Rule 3 of the CPC must be in writing and signed by the parties.