Judicial Service Exams Online Coaching

SU-KU-NA LAW ACADEMY

(Suresh-Kulandai-Nathan Law Academy – 94442 14104)

THE CIVIL PROCEDURE CODE, 1908 30.12.2021

1. Dismissal of the suit for non-appearance of plaintiff is:

a) Appealable
b) Not appealable
c) Depends upon the facts & circumstances of the case
d) Discretion of the Court

2. Which of the following is an enabling provision for the Court to

proceed ex parte against the defendant?
a) Rule 6 of Order 4
b) Rule 7 of Order 9
c) Rule 6 of Order 9
d) Rule 4 of Order 6

3. Which of the following is not a remedy for dismissal of the suit under
Rule 3 of Order 9?
a) Fresh suit in respect of the same cause of action
b) Apply for an order to set aside such dismissal
c) Appeal against such dismissal
d) None of the above

4. The Court to proceed ex parte:

 a) Mandatory
b) Discretionary
c) Depends upon the facts and circumstances of the case
d) None of the above

5. When a party arrives late and finds that his suit or application is
dismissed, he can:
a) File an appeal
b) Restore his suit or application
c) He can do either (a) or (b)
d) He cannot do anything in this case

6. Which of the following causes cannot be held sufficient for the

absence of the defendant?
a) Sickness of the counsel
b) Death of relative of a party
c) Strike of advocates
d) Counsel busy in other court

7. Which of the following causes can be held sufficient for the absence
of the defendant?
a) Mere thinking that the case will not be called out
b) Negligence of the party
c) Absence to get undue advantage
d) No instructions pursis by a lawyer

8. “Sufficient cause” is a:
a) Question of fact
b) Question of law
 c) Depends upon the cases
d) None of the above

9. The material date for deciding “sufficient cause” for non-

appearance by the defendant is the:
a) Date of his previous negligence
b) Date on which ex parte decree was passed
c) Date of his past defaults
d) All the above

10. An application for setting aside ex parte decree can be made within
_______ days form the date of the decree.
a) 15
b) 30
c) 10
d) No time limit

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