APPEARANCE OF PARTIES
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- Which Order enacts the law with regard to the appearance of the parties to the suit and the consequences of their non-appearance?
a) Order 5
b) Order 7
c) Order 8
d) Order 9 - Where the suit is dismissed under rule 2 or 3 of Order 9 of the Code of Civil Procedure, the plaintiff?
a) Cannot bring a fresh suit
b) May bring a fresh suit subject to Law of Limitation
c) May bring a fresh suit with the leave of High court
d) None of the above - What the court can do when neither party appears when it is called for hearing?
a) Dismissal of suit
b) Ex-parte Order
c) Refer for conciliation
d) Either A or B or C - 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) 7 days
b) 15 days
c) 30 days
d) 60 days - 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 - A suit can be dismissed in default
a) Under Order 9 Rule 3of CPC
b) Under Order 9 Rule 4 of CPC
c) Under Order 9 Rule 8 of CPC
d) Both (a) and (c) - Under Order 9 Rule 6 where the Plaintiff appears and the defendant does not appear
a) The Plaintiff has to prove service of summons on the defendant
b) The Plaintiff is not required to prove service of summons on the defendant
c) The court cannot proceed exparte against the defendant
d) Both (b) and (c) - In the Code of Civil Procedure, an exparte decree can be set aside on the ground of
a) Summons not duly served
b) Being prevented by any sufficient cause from appearance
c) Both (a) and (b) is correct
d) None of the above - Where the appellant has withdrawn the appeal preferred against a decree passed exparte, the application under Order 9 Rule 13 of CPC, shall be
a) Returned
b) Rejected
c) Maintainable
d) None of the above - After dismissal of suit under Order 9 Rule 8 of CPC, a fresh suit on the same cause of action under Order 9 Rule 9 of CPC
a) Is barred
b) Is not barred subject to law of limitation
c) Is not barred under any circumstances
d) None of the above
ANSWER 1. D 2. B 3. A 4. A 5. D 6. D 7. A 8. C 9. C 10. A