Wednesday, June 19, 2024

๐—๐˜‚๐—ฑ๐—ถ๐—ฐ๐—ถ๐—ฎ๐—น๐——๐—ฟ๐—ฒ๐—ฎ๐—บโ„ข

๐™ฐ๐™ต๐™ต๐™พ๐š๐™ณ๐™ฐ๐™ฑ๐™ป๐™ด & ๐™ฐ๐™ฒ๐™ฒ๐™ด๐š‚๐š‚๐™ธ๐™ฑ๐™ป๐™ด

SUBJECT WISE MCQ

SUMMARY SUIT

  1. The provision in respect of summary procedure has been laid down under
    a) Order 36 of the CPC
    b) Order 37 of the CPC
    c) Order 38 of the CPC
    d) Order 39 of the CPC
  2. The summary procedure, under O. 37, is applicable to
    a) All types of suits and to all courts
    b) Certain types of suits and certain specific courts only
    c) Certain types of suits only
    d) Certain specific courts only
  3. Under Order XXXVII of the Code of Civil Procedure, 1908, a suit can be filed on the basis of
    a) Hundi
    b) Promissory note
    c) Bill of exchange
    d) All of the above
  4. The object underlying the summary procedure is
    a) Expeditious disposal of the suit
    b) To prevent unreasonable obstruction by a defendant who has no valid defence
    c) Both (a) and (b)
    d) Only (b)
  5. The defendant is not entitled to defend a summary suit unless he enters an appearance within how many days of service of summon on him?
    a) 10 days
    b) 15 days
    c) 20 days
    d) 30 days
  6. A leave to defend may be refused
    a) If the defendant has no substantial defence to raise
    b) If the defendant is frivolous and vexatious
    c) Both (a) and (b)
    d) Only (a)
  7. The court may for sufficient cause shown by the defendant, excuse the delay of the defendant
    a) In applying for leave to defend the suit
    b) In entering an appearance
    c) Both (a) and (b)
    d) None of the above
  8. If the defendant fails to put in appearance or fails to apply for leave or where such leave is refused, the summary suit is liable to be
    a) Dismissed
    b) Stayed
    c) Decreed to the defendant
    d) Decreed to the plaintiff
  9. The provision of Order 37 of the Code of Civil Procedure do not apply to
    a) High Courts
    b) Supreme Court
    c) Court of small causes
    d) City Civil Courts
  10. Mark the Correct statement in regards to summary procedure for civil suits?
    a) It may be applied suo moto by any civil court in its discretion in the interest of expeditious adjudication
    b) It may be invoked for recovery of a liquidated demand in money payable by the defendant arising out a written contract
    c) It requires the defendant to seek leave to defend which, if granted, must be unconditional.
    d) All are correct

Answer

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

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