WITHDRAWAL & ADJUSTMENT OF SUIT

                           

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WITHDRAWAL & ADJUSTMENT OF SUIT

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1. Order XXIII of the Civil Procedure Code applies to the 

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2. Under which of the following provision parties to the suit can compromise in a suit?

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3. On which of the following grounds, the court will allow a plaintiff to withdraw a suit and file a fresh suit?

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4. Under Order XXIII Rule 3 of the Code of Civil Procedure, compromise must be 

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5. Which of the following is correct in relation to Order XXIII of the Code of Civil Procedure?

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6. If the court allow two out of five plaintiffs to withdraw and the other three plaintiffs do not consent

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7. Under the Code of Civil Procedure, right to withdraw the suit is 

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8. Under Order 23 Rule 1, when a fresh suit is instituted on the strength of the permission granted by the court

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9. When a decree of compromise which was not lawful, there

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10. Liberty to institute a fresh suit in respect of the same subject matter, at the time of withdrawal of the suit is given

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  1. Order XXIII of the Civil Procedure Code applies to the
    a) Appeals
    b) Execution proceedings
    c) Withdrawal of suits
    d) All of the above
  2. Under which of the following provision parties to the suit can compromise in a suit?
    a) Order XXIII Rule 1 of CPC
    b) Order XXIII Rule 2 of CPC
    c) Order XXIII Rule 3A of CPC
    d) Order XXIII Rule 3 of CPC
  3. On which of the following grounds, the court will allow a plaintiff to withdraw a suit and file a fresh suit?
    a) Mis-joinder of parties
    b) An erroneous valuation of the subject matter of a suit
    c) Only (b)
    d) Both (a) and (b)
  4. Under Order XXIII Rule 3 of the Code of Civil Procedure, compromise must be
    a) In writing and signed by the parties
    b) In writing but need not be signed by the parties
    c) In writing but need not be lawful
    d) None of the above
  5. Which of the following is correct in relation to Order XXIII of the Code of Civil Procedure?
    a) If the plaintiff withdraws from a suit without the court’s permission, he is precluded from instituting a fresh suit against the same defendant in respect of the same subject matter.
    b) If the court is satisfied that a suit must fail by reason of some formal defect or there are other sufficient grounds, it may allow the withdrawal of suit
    c) At any time after the institution of a suit, the plaintiff may withdraw his suit or abandon part of his claim.
    d) All of the above
  6. If the court allow two out of five plaintiffs to withdraw and the other three plaintiffs do not consent
    a) The court acts without jurisdiction
    b) The two plaintiffs will not be able to file a second suit in respect of the subject matter
    c) Both (a) and (b)
    d) Only (a) is correct
  7. Under the Code of Civil Procedure, right to withdraw the suit is
    a) A qualified right of the plaintiff
    b) An absolute right of the plaintiff
    c) Both (a) and (b)
    d) None of the above
  8. Under Order 23 Rule 1, when a fresh suit is instituted on the strength of the permission granted by the court
    a) The plaintiff is not bound by law of limitation
    b) The plaintiff shall be bound by the law of limitation in the same manner as if the first suit had not been instituted
    c) A fresh period of limitation begins to run from the date of the order granting such permission.
    d) None of the above
  9. When a decree of compromise which was not lawful, there
    a) No suit shall lie to set aside such decree
    b) Suit shall lie to set aside such decree
    c) Complaint has to be made to the court
    d) Suit may lie to set aside such decree with the leave of the court
  10. Liberty to institute a fresh suit in respect of the same subject matter, at the time of withdrawal of the suit is given
    a) Where the suit suffers from same formal defect and is likely to fail on that account
    b) Where the court finds sufficient grounds
    c) Only (a) and (b)
    d) None of the above

                             

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

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