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Q 3

1. A suit may be dismissed if the plaintiff fails to apply for a fresh summons within 2 months of the original summons being returned unserved. 2. Where a suit is dismissed under rules 2 or 3 of Order IX of the CPC, the plaintiff's only remedy is to apply for an order to set aside the dismissal, or bring a fresh suit subject to the law of limitation. 3. If the plaintiff appears but the defendant does not appear despite being duly served, the court shall proceed ex parte and pass orders accordingly.

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0% found this document useful (0 votes)
31 views4 pages

Q 3

1. A suit may be dismissed if the plaintiff fails to apply for a fresh summons within 2 months of the original summons being returned unserved. 2. Where a suit is dismissed under rules 2 or 3 of Order IX of the CPC, the plaintiff's only remedy is to apply for an order to set aside the dismissal, or bring a fresh suit subject to the law of limitation. 3. If the plaintiff appears but the defendant does not appear despite being duly served, the court shall proceed ex parte and pass orders accordingly.

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Swarlatha Pandey
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© © All Rights Reserved
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1. .

A suit may be dismissed where, after a summons has been issued to the defendant
and returned
unserved plaintiff fails to apply for fresh summons for the period of
(a) Thirty days
(b) sixty days
(c) seven day
(d) Two months from the date of such return.

2. A suit may be dismissed where, after a summons has been issued to the defendant and
returned
unserved, plaint is the apply for fresh summons for the period of
(a) seven days
(b) Sixty days
(c) One month
(d) Two months when the plaintiff fails to apply for fresh summons from the court
3. Where a suit is dismissed under Rule 2 or Rule 3 of Order IX of Civil Procedure Code:
(a) Plantiff is debarred from hling fresh suit
(b) only remedy with the plaintiff is took seek setting aside of such order
(c) the only remedy is to bring fresh suit
(d) plaintiff may subject to the law of limitation bring a fresh suit, or he may apply for an
order to
set the dismissal aside

4. Where the plaintiff appears and the defendant does not appear in spite of due service of
sult
summons for settlement of Issues, then the court shall
(a) issue s warrant against the defendant
(b) pass an order to proceed ex parte
(c) decree the suit
(d) dismiss the suit

5. When the plaintiff appears and Defendant fails to file written statement despite service,
the Court
(a) shall pronounce judgment under Order VIII Rule 10 CPC.
(b) either retire the plaintiff to prove its case by lending evidence or pronounce Judgment
aunts
the defendant depending upon the nature of the case
(c) shall necessarily require the Plaintiff to prove its case by leading evidence
(d) Direct personal appearance of the Defendant.

6. 'Even after ex-party proceeding. The defendant can take part in further proceedings of
the suit.
This principle was pronounced by Hon'ble Supreme Court in the case of
(a) State of Bombay v. United Motors
(b) State of Rajasthan V. Vidyawati
(c) VAY V. RN, Cupta Education Society
(d) Arjun Singh v. Mohinder Kumar
7. An application under Order 9, Rule 7 of CPC to set aside the order of ex parte
proceeding may be
filed
(a) within 30 days
(b) within 60 days
(c) within 90 days
(d) At or before the date fixed for hearing
8. When the defendant is proceeded ex parte after filing written statement:
(a) the defendant cannot participate in future proceedings
(b) the defendant can participate in future proceedings
(c) the defendant to participate in future proceedings must ask for setting aside of the cx parte
order.
(d) the plaintiff has option to allow the defendant to participate.
9. A civil suit was repeatedly fixed by the trial 374 court for examination of the defendant's
witnesses
but the said opportunity was not availed by the defendant, therefore 18.11.2016 when neither
the defendant nee his counsel had appeared. The trial court had preceded Exported and heard
the final
arguments and reserved the case for judgment. On 28.11.2016 the defendant had filed on
application under Order 9 Rule 7 read with section 151 of the C.P.C. which
(a) Maintainable
(b) Non-maintainable
(c) Matter of discretion of the court to Be or not
(d) matter of internet power of the court to accept or not
10. Where the defendant appears and the plaintiff does not appear when the suit is called
for hearing
and where a part of the claim is admitted the court shall:
(a) Dismiss the whole suit
(b) Dismiss the suit so far as it relates to the remainder
(c) Pass the decree of the whole claim
(d) Proceed Exparte proceedings) against defendant
11. Where suit is wholly or party dismissed under Orders X rule 8 of CPC, the plaintiff
(a) may bring a fresh suit
(b) shall be precluded from bringing a fresh
(c) may bring fresh suit with the permission of court
(d) None of these

12. Where a suit is dismissed under Rule 8 of Order 9 of the Civil Procedure Code in
respect of same
cause of action the plaintiff
(a) Shall be precluded from bringing a fresh suit
(b) May bring fresh suit subject to the law of limitation
(c) May not apply to set aside the dismissal order
(d) May bring a fresh suit
13. At the stage of evidence counsel of plaintiff filed an application for adjournment which
WELS
rejected and suit was, dismissed for want of evidence, Plaintiff has a remedy to file
(a) Fresh suit
(b) First Appeal
(c) Application under order 9 Rule 9 CPC
(d) Revision
14. Under Order IX CPC where a suit is wholly or partly dismissed under Rule 8,
(a) the plaintiff shall be precluded from bringing a fresh suit in respect of the same cause of
action
(b) Plaintiff may apply for an order to set the dismissal aside
(c) Plaintiff may bring a fresh suit in respect of the same cause of action
(d) Either (1) or (2)
15. An ex parte decree passed by Court 'A' was transferred to Court 'B' for execution and
5/5 which
execution proceedings are pending in Court 'B'. Court 'A' sets aside the ex parte decree and on
rehearing, a fresh decree was passed on the same terms.
(a) Since the new decree is on the same terms, as the decree whihe is set aside, the execution
proceedings will continue.
(b) Court 'B' can continue to execute the Exparte 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.
16. Where the appellant has withdrawn the appeal preferred against a decree passed
Exparte, the
application under Order 9 Rule 13 of C.P.C., shall be:
(a) Rejected
(b) Returned
(c) Maintainable
(d) Referred for opinion to the Appellate Court
17. If the appellant withdraws the appeal preferred against a decree passed Exparte, the
application
under Order 9. Rule 13 of Civil Procedure Code shall be
(a) Returned
(b) Maintainable
(c) Referred for opinion of the Appellate Court
(d) Rejected
18. Where the appellant has withdrawn the appeal preferred against a decree passed
Exparte the
application under Order 9 Rule 13 shall be:
(a) Rejected
(b) Returned
(c) Maintainable
(d) Referred for opinion to the Appellate Court
19. Where the appellant has withdrawn the appeal preferred against a decree passed
exparte the
application under order 9 Rule 13 shall be:
(a) Rejected
(b) Returned
(c) Maintainable
(d) Referred for opinion to the Appellate Court
20. Where an appellant has withdrawn the appeal preferred against a decree passed
Exparte a
subsequent application filed under Order IX Rule 13 of Code of Civil Procedure 1908 shall be:
(a) Rejected
(b) Returned
(c) Maintainable
(d) Referred to the appellate court
21. Under the Code of Civil Procedure, 1908 an Exparte decree can be set aside under
(a) Order 9 Rule 5
(b) Order 9 Rule 12
(c) Order 9 Rule 10
(d) Order 9 Rule 13
22. An ex parte decree can be set aside
(a) Under order 9. rule 10 C.P.C.
(b) Under order 9. rule 7 C.P.C.
(c) Under order 9. rule 13 CPC
(d) Under order 9. rule 11 C.P.C.

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