71. Among the following cases in which the test of res judicata between codefendants has been laid down by the Supreme Court –
(a) Sobhag Singh v. Jai Singh
(b) Jai Narain v. Kedar Nath
(c) Mahboob Shab v. Syed Ismail
(d) Sheodan Singh v. Daryao Kanwar
Correct Answer - (c) Mahboob Shab v. Syed Ismail
72. Which of the following operate as res judicata –
(a) A withdrawal of the suit
(b) An exparte decree
(c) A compromise decree
(d) None of the above
Correct Answer - (b) An exparte decree
73. The provisions relating to abatement do not apply to –
(a) Appeals
(b) Execution proceedings
(c) Both (a) and (b) above
(d) None of the above
Correct Answer - (b) Execution proceedings
74. Interrogatories shall be answered by affidavit to be filed within_____ after the service of it –
(a) 30 days
(b) 21 days
(c) 10 days
(d) 7 days
Correct Answer - (c) 10 days
75. Section 34 of the Code does not deal with –
(a) Interest from the date of the decree
(b) Interest prior to suit
(c) Interest pendent lite
(d) None of the above
Correct Answer - (b) Interest prior to suit
76. After the rejection of plaint, whether the plaintiff can institute fresh suit on the same cause of action–
(a) Can institute another suit
(b) Can institute another suit with the permission of the High Court
(c) Cannot institute another suit
(d) Both (a) and (b) above
Correct Answer - (a) Can institute another suit
77. At the first hearing of the suit, the Court must –
(a) Frame and record the issues
(b) Ascertain upon what material propositions of fact or of law the parties are at variance
(c) Record the evidence
(d) None of the above
Correct Answer - (b) Ascertain upon what material propositions of fact or of law the parties are at variance
78. The Court may frame the issues from –
(a) Allegations made on oath by the parties, or by any persons present on their behalf, or made by the pleaders of such parties
(b) Allegations made in the pleadings or in answers to interrogatories delivered in the suit
(c) The contents of documents produced by either party
(d) All of the above
Correct Answer - (d) All of the above
79. Under order 7 Rule 11 of the Code. The plaint shall not be rejected–
(a) Where it is not filed in duplicate
(b) Where the suit appears from the statement in the plaint to be barred by any law
(c) Where the plaintiff fails to comply with the provision of Rule 9
(d) Where it discloses a cause of action
Correct Answer - (d) Where it discloses cause of action
80. Application under Order 9 Rule 7 of the Code to set aside the order of ex-parte proceeding may be filed –
(a) At or before the date of fixed for hearing
(b) Within 90 days
(c) Within 45 days
(d) Within 30 days
Correct Answer - (a) At or before the date of fixed for hearing
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