Q. In which of the following situation plaintiff is precluded from bringing a fresh suit as per the Code of Civil Procedure, 1908?
1) Dismissal of suit where summons not served in consequence of plaintiff's failure to pay costs
2) Dismissal of the suit because neither party appeared
3) Dismissal of the suit because the plaintiff did not appear
4) Dismissal of suit because plaintiff did not apply for fresh summons within the given time limit once it returned unserved
Q. In which of the following situations a court will not issue summons for personal appearance to the defendant?
1) If the defendant resides within the local limit of the court's jurisdiction
2) If defendant resides with within 40 miles from the court
3) If defendant resides 250 miles away from the court in an area having public conveyance available
4) Woman to whom Section 132 of the Civil Procedure Code, 1908 does not apply
Q. Which of the following provisions of the Code of Civil Procedure, 1908 makes the doctrine of res judicata applicable in a representative suit?
1) Section 11, Explanation V
2) Section 11, Explanation VI
3) Section 11, Explanation VII
4) Section 11, Explanation VIII
Q. Which of the following cannot be considered as the suit of civil nature for Section 9 of the Code of Civil Procedure, 1908?
1) Suit for recovery of voluntary payments or offerings
2) Suit for rights of franchise
3) Suit for specific reliefs
4) Suit relating to rights of worship
Q. Which of the folio wings is material for deciding the jurisdiction of the Civil Court in the light of the Code of Civil Procedure, 1908?
1) Averments made in the plaint
2) Averments made in the written statement
3) Both (A) and (B)
4) Neither (A) nor (B)
Q. How many times at max may an adjournment be granted to a party during a hearing of the suit as per the Code of Civil Procedure, 1908?
1) Two times
2) Three times
3) Four times
4) No limit prescribed
Q. Under which of the following provisions of the Code of Civil Procedure, 1908 the appellate court may remit an issue for trial to the lower court -
1) Order XLI Rule 23
2) Order XLI Rule 23-A
3) Order XLI Rule 24
4) Order XLI Rule 25
Q. A is accused of the murder of B by beating him. Which of the following will not be considered as relevant facts forming part of the same transaction as per the Indian Evidence Act, of 1872?
1) Whatever was said by A or B at the time of beating
2) Whatever done by A or B at the time of beating
3) Whatever said by-standers at the time of beating
4) Whatever said by A or B a day before the day of beating
Q. Which of the following provisions of the Indian Evidence Act, of 1872 says that the confession to a police officer shall not be proved against him?
1) Section 24
2) Section 25
3) Section 26
4) Section 27
Q. Under which of the following provisions of the Indian Evidence Act, 1872 dying declaration may be admitted as evidence?
1) Section 25
2) Section 29
3) Section 32
4) Section 37
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