Thursday, March 14, 2024

𝗝𝘂𝗱𝗶𝗰𝗶𝗮𝗹𝗗𝗿𝗲𝗮𝗺™

𝙰𝙵𝙵𝙾𝚁𝙳𝙰𝙱𝙻𝙴 & 𝙰𝙲𝙲𝙴𝚂𝚂𝙸𝙱𝙻𝙴

CPCPRACTICE MOCK TESTPRELIMSSUBJECT WISE MCQ

ABATEMENT OF PROCEEDINGS

11
Created on By JudicialDream

ABATEMENT OF PROCEEDINGS

1 / 10

1. Which of the following order of the Code of Civil Procedure deals with ‘abatement of proceedings’? 

2 / 10

2. As per the Code of Civil Procedure, Abatement means

3 / 10

3. Order 22 Rule 1 of the Code of Civil Procedure provides that the death of a plaintiff or defendant shall not cause the suit to abate if

4 / 10

4. A right to sue survives 

5 / 10

5. Under Rule 6 of Order 22, where any party dies after conclusion and before pronouncing judgment 

6 / 10

6. On abatement of suit under Order 22 Rule 9 of the Code of Civil Procedure

7 / 10

7. Under which of the following provision a pleader has duty to inform the court about the death of parties under

8 / 10

8. An application for bringing the legal representatives of a party has to be moved within _______ days of the death

9 / 10

9. If the defendant becomes insolvent, the court may

10 / 10

10. An assignee of an interest during the pendency of a suit can be brought on record under

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  1. Which of the following order of the Code of Civil Procedure deals with ‘abatement of proceedings’?
    a) Order 21
    b) Order 22
    c) Order 23
    d) Order 24
  2. As per the Code of Civil Procedure, Abatement means
    a) The process of bringing on record legal representatives of the deceased party
    b) Suspension or termination of proceedings in an action for want of proper parties
    c) Both (a) and (b)
    d) None of the above
  3. Order 22 Rule 1 of the Code of Civil Procedure provides that the death of a plaintiff or defendant shall not cause the suit to abate if
    a) The right to sue survives
    b) The right to sue does not survive
    c) The cause of action survives
    d) All of the above
  4. A right to sue survives
    a) In a suit for dissolution of marriage
    b) In a suit for breach of contract of betrothal
    c) In a suit for right to future maintenance
    d) A suit for partition of ancestral property by a coparcener after his death.
  5. Under Rule 6 of Order 22, where any party dies after conclusion and before pronouncing judgment
    a) The suit shall abate
    b) The suit shall not abate
    c) The suit shall not abate if the cause of action survives
    d) None of the above
  6. On abatement of suit under Order 22 Rule 9 of the Code of Civil Procedure
    a) A fresh suit on the same cause of action is barred
    b) A fresh suit on the same cause of action can be brought as a matter of right
    c) A fresh suit on the same cause of action can be brought only with the permission of the court
    d) None of the above
  7. Under which of the following provision a pleader has duty to inform the court about the death of parties under
    a) Order 22 Rule 9
    b) Order 22 Rule 10
    c) Order 22 Rule 10A
    d) Order 22 Rule 11
  8. An application for bringing the legal representatives of a party has to be moved within _ days of the death
    a) 15 days
    b) 45 days
    c) 60 days
    d) 90 days
  9. If the defendant becomes insolvent, the court may
    a) Stay the suit
    b) Abate the suit
    c) Dismiss the suit
    d) None of the above
  10. An assignee of an interest during the pendency of a suit can be brought on record under
    a) Order 22 Rule 9
    b) Order 22 Rule 10
    c) Order 22 Rule 11
    d) Order 22 Rule 12

                             

ANSWER 1. (B) 2. (B) 3. (A) 4. (D) 5. (B) 6. (A) 7. (C) 8. (D) 9. (A) 10. (B)

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