Test 9 - pakarbiter

Q1. Which of the following is not a valid reason under Rule 5(1) CPC for extending the time to apply for a fresh summons?

1 Marks

A. Defendant is avoiding service

B. Plaintiff has used best efforts to discover the defendant’s residence

C. Plaintiff is unwilling to proceed due to personal reasons

D. There is other sufficient cause

Q2. What consequence does a defendant face under Order VIII, Rule 12(1) CPC if he fails to file an address for service despite being directed and given an opportunity by the court?

1 Marks

A. His address will be presumed by the Court

B. His written statement will be automatically accepted

C. His defence may be struck out and he may be treated as if he had not defended

D. The suit will be dismissed

Q3. According to Order VIII, Rule 6(1) CPC, when can a defendant set-off a debt?

1 Marks

A. Only if the claim relates to immovable property

B. When the defendant has a different legal character

C. Only if the defendant is a government servant

D. When both parties fill the same character in respect of the claim and set-off

Q4. According to Order VIII, Rule 11 CPC, when must a party file their address for service in Court?

1 Marks

A. Only if the Court directs

B. Within 30 days of the suit filing

C. On or before the date fixed in the summons or notice

D. At any time before judgment

Q5. Under Order IX, Rule 7 CPC, if the Court has adjourned the hearing of the suit ex-parte, when may the defendant be allowed to be heard?

1 Marks

A. If he pays the court fee on the date of decree

B. If he files a separate suit

C. If he appears on the adjourned date and shows good cause for previous non-appearance

D. If he makes a written apology

Q6. According to Order VIII, Rule 13(1) CPC, what must accompany a written statement in suits referred to in Rule 4 of Order XXII?

1 Marks

A. A statement of names and addresses of presumptive legal representatives of the defendant

B. A list of witnesses

C. The affidavit of service

D. A summary of arguments

Q7. What is the effect of a written statement containing a valid set-off under Order VIII, Rule 6(2) CPC?

1 Marks

A. It shall have the same effect as a plaint in a cross-suit

B. It shall be dismissed as a separate claim

C. It shall be subject to arbitration first

D. It shall be treated as a new suit altogether

Q8. Under Order VIII, Rule 9 of CPC, no pleading subsequent to the written statement may be presented, except:

1 Marks

A. If the plaintiff insists

B. With the leave of the Court and upon such terms as the Court thinks fit

C. After 30 days of the written statement

D. When the case is at final arguments stage

Q9. What happens under Order IX, Rule 3 CPC when neither party appears on the day fixed for hearing?

1 Marks

A. The case is transferred to another court automatically

B. The suit may be dismissed by the Court

C. The defendant is proceeded ex-parte

D. The suit is decreed in favour of the plaintiff

Q10. Under Order VIII, Rule 12(2) CPC, how can the Court pass an order against a party who fails to file an address?

1 Marks

A. Only on the request of the plaintiff

B. Only after the written statement is filed

C. Either suo moto or on the application of any party

D. Only after trial begins

Q11. If a suit is dismissed under Rule 2 or Rule 3 of Order IX CPC, what option does the plaintiff have?

1 Marks

A. He must appeal to the High Court

B. He cannot file any suit again

C. He may bring a fresh suit, subject to the law of limitation

D. He can only file for execution of the decree

Q12. Under Order VIII, Rule 6(1) of the CPC, when can a defendant claim set-off in a suit for recovery of money?

1 Marks

A. When the amount is uncertain but probably recoverable

B. When the amount claimed by him is an ascertained sum, legally recoverable, within the Court’s pecuniary jurisdiction

C. When the defendant claims more than the suit amount

D. Only when the plaintiff agrees

Q13. Under Order IX, Rule 5(1) CPC, when shall the Court dismiss the suit against a defendant?

1 Marks

A. If the plaintiff appears but does not file evidence

B. If the defendant does not appear on the first date of hearing

C. If the summons is returned unserved and the plaintiff fails to apply for a fresh summons within 3 months

D. If the plaintiff fails to cross-examine the defendant

Q14. Under what condition can a suit dismissed under Rule 2 or 3 of Order IX be restored?

1 Marks

A. If the plaintiff satisfies the Court that there was sufficient cause for non-payment of fees or non-appearance

B. If the defendant agrees in writing

C. If the suit is transferred to another bench

D. If the plaintiff presents new evidence

Q15. According to Order IX, Rule 1 CPC, what are the parties required to do on the day fixed in the summons for the defendant to appear?

1 Marks

A. File evidence and adjourn the case

B. Appear in court in person or through pleaders, and the suit shall be heard unless adjourned

C. Submit written arguments only

D. Appear only if directed by the Court

Q16. In which case will a set-off not be allowed under Order VIII, Rule 6 CPC?

1 Marks

A. When both parties are legal heirs

B. When both parties have mutual debts

C. When the amount of set-off is exact

D. When the parties do not fill the same character in respect of both claims

Q17. Can a defendant in a joint suit claim a set-off for a personal debt owed by one of the plaintiffs?

1 Marks

A. No, a set-off cannot be claimed against only one plaintiff in a joint suit

B. Yes, if the debt is documented

C. Yes, if the amount is fixed

D. Yes, with permission of the co-plaintiff

Q18. How long does a nomination of a person to inform the Court upon the death of the defendant remain valid under Order VIII, Rule 13(3) CPC?

1 Marks

A. Only until the trial concludes

B. Throughout the pendency of the suit and all related proceedings (appeal, revision, review)

C. Only during the cross-examination stage

D. Until the next hearing

Q19. What can the Court do if a party fails to file the written statement within the time fixed by it under Order VIII, Rule 10 CPC?

1 Marks

A. The Court will automatically strike off the defense

B. The Court may pronounce judgment against the defaulting party

C. The Court can refer the matter to the High Court

D. The Court must dismiss the suit

Q20. Under Order IX, Rule 2 CPC, when may a suit be dismissed by the Court?

1 Marks

A. When the plaintiff fails to cross-examine the defendant

B. When the plaintiff changes address without informing the court

C. When summons has not been served due to plaintiff’s failure to pay court-fee or postal charges

D. When the defendant does not file a reply

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