Monday, May 27, 2024

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CPCPRACTICE MOCK TESTSUBJECT WISE MCQ

REPRESENTATIVE SUIT

  1. A suit filed by or against one or more persons on behalf of themselves and others having the same interest, is called
    a) Common suit
    b) Admirality suit
    c) Representative suit
    d) Any of the above
  2. Which provision of the Code of Civil Procedure provides that one person may sue or defend on behalf of all in same interest?
    a) Order 1, Rule 7
    b) Order 1, Rule 8
    c) Order 1, Rule 9
    d) Order 1, Rule 10
  3. Under Order 1, Rule 8 of CPC, Representative suit may be permitted by the court when
    a) Numerous person belongs to the same family
    b) Numerous persons have the same interest in one suit
    c) Numerous persons are parties in another suit
    d) None of the above
  4. A suit filed in a representative capacity can be withdrawn, compromise and abandoned etc., by the plaintiff
    a) After notice to all the persons interested
    b) Without notice to all the persons interested
    c) Either (a) or (b)
    d) Both (a) and (b)
  5. Provision under Order 1, Rule 8 of the Code of Civil Procedure, 1908 is
    a) Directory
    b) Mandatory
    c) Discretionary
    d) None of the above
  6. Where in the case of which notice to all persons interested in a representative suit need not be given?
    a) Withdrawl of the suit
    b) Abandonment of the suit
    c) Recording of compromise in a suit
    d) Addition of a new defendant in a suit
  7. As per Order 1 Rule 8, a representative suit is
    a) Applicable to plaintiffs only
    b) Applicable to defendants only
    c) Both (a) and (b)
    d) Applicable to minors only
  8. Mark the correct statement
    a) If in a representative suit, person suing or defending does not proceed with due diligence, the court can substitute in his place any person having the same interest in the suit
    b) A suit filed in the representative suit can be withdrawn, compromised or abandoned by the plaintiff after notice to all the persons interested
    c) Any decree passed in such a suit is binding on all the persons interested
    d) All of the above

ANSWER 1. C 2. B 3. B 4. A 5. B 6. D 7. C 8. D

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