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2,940 questions · page 43 of 147

  • A. None of the these
  • B. XVIII,
  • C. Both (a) and (b)
  • D. XVII,

Explanation: Order XVII of the CPC specifically governs adjournments, including the circumstances and limits relating to postponing hearings.

Correct answer: XVII,
  • A. If he show sufficient good cause for his non appearance before court
  • B. If he denied to record evidence
  • C. If he is beyond country
  • D. None of the these

Explanation: Under Order XVI, Rule 10, attachment for a witness’s non-appearance may be withdrawn when the witness satisfies the court that there was…

Correct answer: If he show sufficient good cause for his non appearance before court
  • A. Attachment of that witness property
  • B. Proclamation
  • C. Both (a) and (b)
  • D. None of the these

Explanation: When a summoned witness fails to attend, the court may issue a proclamation requiring attendance; attachment is an additional coercive…

Correct answer: Proclamation
  • A. Order to pay the fee from Government treasury
  • B. None of the above
  • C. Order to attach or sale moveable property of applying person
  • D. None of the these

Explanation: Order XVI, Rule 4 allows the court, where the required witness fee is not paid, to order attachment and sale of the movable property of…

Correct answer: Order to attach or sale moveable property of applying person
  • A. None of the these
  • B. Paid by the opposing party
  • C. Both (a) and (b)
  • D. Paid by the same party

Explanation: The party seeking a witness’s summons must ordinarily deposit or pay the prescribed expenses for that witness’s attendance.

Correct answer: Paid by the same party
  • A. 7
  • B. 10
  • C. 14
  • D. None of the these

Explanation: Order XVI, Rule 1 requires the parties to submit their witness lists within seven days after the issues are settled.

Correct answer: 7
  • A. Summoning to attendance of plaintiff
  • B. Summoning to attendance of defendants
  • C. Summoning to attendance of witnesses
  • D. None of the these

Explanation: Order XVI is headed and structured around the summoning and attendance of witnesses, including their expenses, examination, and…

Correct answer: Summoning to attendance of witnesses
  • A. None of the these
  • B. Disposal of suit at proper time
  • C. Disposal of suit after conclusion of trial
  • D. Disposal of the suit at first hearing

Explanation: Order XV deals with disposal of the suit at the first hearing, including cases where no issue requires trial or where the court can…

Correct answer: Disposal of the suit at first hearing
  • A. Be changed as provided in O. XIV, Rule 5,
  • B. Not be changed
  • C. depends upon circumstances
  • D. None of the these

Explanation: Issues are not permanently fixed: Order XIV, Rule 5 empowers the court to amend, frame additional, or strike out issues at any time before…

Correct answer: Be changed as provided in O. XIV, Rule 5,
  • A. 6
  • B. 4
  • C. 2
  • D. None of the these

Explanation: Issues are of two kinds: issues of fact and issues of law. This classification determines whether the court must investigate evidence or…

Correct answer: 2
  • A. Plaintiff at the first hearing makes no improvements
  • B. None of the these
  • C. Where defendant produce or submit affidavit
  • D. Defendant at the first hearing of the suit makes no defence

Explanation: Under Order XIV, Rule 1(6), issues need not be framed when the defendant makes no defence at the first hearing.

Correct answer: Defendant at the first hearing of the suit makes no defence
  • A. Any person desirous of receiving back such documents who submitted
  • B. The losing party
  • C. The winning party
  • D. None of the these

Explanation: The person who produced an admitted document may apply for its return under Order XIII, Rule 9, subject to the rule’s conditions.

Correct answer: Any person desirous of receiving back such documents who submitted
  • A. Appealable
  • B. Revisionable
  • C. Reviewable
  • D. None of the these

Explanation: An order rejecting a document under Order XIII, Rule 3 is generally challengeable through revision where the statutory conditions for…

Correct answer: Revisionable
  • A. None of the these
  • B. Can submit documents at any stage
  • C. Both (a) and (b)
  • D. Can reject irrellevant and inadmissible document at any stage

Explanation: Order XIII, Rule 3 permits the court to reject any document that is irrelevant or otherwise inadmissible, and this power may be exercised…

Correct answer: Can reject irrellevant and inadmissible document at any stage
  • A. First hearing
  • B. At the end of trial
  • C. After recording oral evidence
  • D. None of the these

Explanation: Order XIII, Rule 1 requires the parties to produce documentary evidence at the first hearing, subject to the court allowing later…

Correct answer: First hearing
  • A. 7
  • B. 9
  • C. 11
  • D. None of the these

Explanation: Order XIII is structured into eleven rules, covering production, rejection, endorsement, custody and return of documents.

Correct answer: 11
  • A. Rule 2,
  • B. Rule 4,
  • C. Rule 6,
  • D. None of the these

Explanation: Order XII, Rule 6 authorizes judgment on admissions made in pleadings or otherwise during the proceedings.

Correct answer: Rule 6,
  • A. Opposite party
  • B. His own
  • C. Both A and B
  • D. None of the these

Explanation: Order XII, Rule 1 permits a party to admit in writing the truth of the whole or any part of the opposite party’s case.

Correct answer: Opposite party
  • A. Admissions
  • B. Admissions in pleadings
  • C. Admissions in cross examination
  • D. None of the these

Explanation: Order XII is headed “Admissions” and covers admissions made in pleadings as well as by notice or otherwise.

Correct answer: Admissions
  • A. Affidavit of interrogatories
  • B. Affidavit of documents
  • C. Both A and B
  • D. None of the these

Explanation: Order XI, Rule 13 requires the party seeking or making discovery of documents to submit an affidavit of documents.

Correct answer: Affidavit of documents