Understanding Civil Procedure Rules

Summary

The Code of Civil Procedure 1908 outlines various legal procedures, including definitions of pleadings, differences between res-judicata and res sub-judice, and the hierarchy of courts. It specifies conditions for plaint rejection, the nature of decrees, and the bar to further suits. The code also details the process for appeals, the role of appellate courts, and the jurisdiction of the High Court. Additionally, it addresses where suits should be instituted and the requirements for defendants responses. Understanding these rules is crucial for navigating civil litigation effectively.

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As per Sections * and * of The Code of Civil Procedure *, one of the differences between "res-judicata" and "res sub-judice" is that in one case the suit ________.
Hi there! To continue your statement, the difference between "res-judicata" and "res sub-judice" is that in the case of "res-judicata," the suit has already been decided by a competent court, while in the case of "res sub-judice," the suit is still pending before the court.
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As per Section * of The Code of Civil Procedure *, for the purposes of this Code, the District Court is subordinate to the High Court, and every civil Court of a grade inferior to that of a District Court and every Court of Small Causes is subordinate to the ________. A. Federal Shariat Court B. High Court C. Session Court D. Supreme Cour
The correct answer is B. High Court. Every civil court of a grade inferior to that of a District Court and every Court of Small Causes is subordinate to the High Court.
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Rejection of plaint under order * Rule * of the CPC is a/an ________. A. Order B. Decree C. Interim Order D. Both A and B
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The rejection of a plaint under Order * Rule * of the CPC is considered a Decree. This is because it effectively ends the suit so far as the court dealing with it is concerned. Is there anything else you need to know about this topic or any other legal matter?
A plaint can be rejected only on any of the ________ grounds provided in the CPC. A. Two B. Three C. Four D. Si
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A plaint can be rejected on any of the following grounds provided in the Code of Civil Procedure (CPC):
- Four grounds (Option C)
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Under the CPC, a decree passed with the consent of the parties is known as ________. A. Preliminary decree B. Compromise decree C. Ex-parte decree D. Arbitral award
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A decree passed with the consent of the parties under the Code of Civil Procedure (CPC) is known as a Compromise decree (Option B).
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Bar to further suit is dealt under which of the following in the Code of Civil Procedure. A. Section * B. Section * C. Section * D. Both A and B
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Bar to further suit is dealt under Section * of the Code of Civil Procedure, which pertains to the principle of res judicata. This principle prevents the same dispute from being adjudicated multiple times.
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Under Order * Rule * an Appellate Court may take________. A. Additional Court fees B. Plaint C. Additional Evidence D. None is correc
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Under Order * Rule * of the Code of Civil Procedure, an Appellate Court may take Additional Evidence (Option C).
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Section * of the CPC deals with ________. A. Appeal from final decree where no appeal from preliminary decree B. Orders from which appeal lies C. Appeal from original decree D. Other’s orde
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Section * of the Code of Civil Procedure (CPC) deals with "Orders from which appeal lies" (Option B).
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Under the CPC, no court shall proceed the trial of any suit on same cause of action which is pending before ________. A. District Court B. High Court C. Supreme Court D. Any Court of Pakistan
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Under the Code of Civil Procedure (CPC), no court shall proceed with the trial of any suit on the same cause of action which is pending before any other court of Pakistan (Option D).
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Under the Order * Rule * of CPC an appeal against an original decree shall be in form of ________ which shall be accompanied by a copy of decree appealed from end of the judgment on which it is founded. A. Statement B. Appeal C. Plaint D. Memorandum
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The answer to your question is:
D. Memorandum
Where a plaintiff is precluded by rules from institute further suit in respect of any particular cause of action, he ______ to institute a suit in respect of such cause of action in any Court to which this Code applies. A. shall be allowed B. shall not be entitled C. shall be required D. may not be allowed
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The correct answer is:
B. shall not be entitled
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As per section * of the Code of Civil Procedure, *, suits are to be instituted where ________ reside or cause of action arises. A. Complainant B. Defendant C. Plaintiff D. Prosecuto
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As per Section * of the Code of Civil Procedure, *, suits are to be instituted where the defendant resides or the cause of action arises. The correct answer is B. Defendant.
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As per Code of Civil Procedure, * Order IX, Rule *, where the plaintiff appears and defendant does not appear when the suit is called on for hearing and it is proved that the summons was duly served, then the Court ________. A. May proceed bilaterally B. May proceed ex-parte C. May proceed further D. May not proceed furthe]
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The correct answer to your query is:
B. May proceed ex-parte
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As per Code of Civil Procedure, * Order *, Rule *, the notice to the respondent shall declare that if he does not appear in the ________ on the day so fixed the appeal will be heard ex-parte. A. Appellate court B. District courts C. Family court D. Revenue court
Case Rating: *
The correct answer to your question is:
A. Appellate court
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As per section * of the Code of Civil Procedure, *, The High Court may call for the record of any case which has been decided by any Court subordinate to such High Court and in which no appeal lies thereto, and if such subordinate Court appears as following EXCEPT: A. To have exercised a jurisdiction not vested in it by law B. To have failed to exercise a jurisdiction so vested C. To have failed to exercise a jurisdiction not vested * point * point * point D. To have acted in the exercise of its jurisdiction illegally or with material irregularit
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It seems you are quite knowledgeable about the Code of Civil Procedure, *. Just to clarify, the correct answer to your question is:
C. To have failed to exercise a jurisdiction not vested
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As per Code of Civil Procedure, * Order *, Rule *, every appeal shall be preferred in the form of a ________ signed by the appellant or his pleader and presented to the Court or to such officer as it appoints in this behalf. A. Memorandum B. Plaint C. Suit D. Written statement
Case Rating: *
The correct answer to your question is:
A. Memorandum
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As per Code of Civil Procedure, *, Order VII Rule *, the plaint shall be rejected in all following cases BUT: A. Where it does not disclose a cause of action * point * point B. Where the suit appears from the statement in the plaint to be barred by any law C. Where the relief claimed is under-valued and the plaintiff, on being required by the Court to correct the valuation within a time to be fixed by the Court, fails to do so D. Where the plaintiff seeks the recovery of money, the plaint stated the precise amount claimed
Case Rating: *
It seems like you are preparing for an exam or need clarification on the Code of Civil Procedure, *, specifically Order VII, Rule *. The correct answer to your question is:
D. Where the plaintiff seeks the recovery of money, the plaint stated the precise amount claimed.
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As per section * of the Code of Civil Procedure, *, every suit shall be instituted in the Court of the lowest grade competent to try it, EXCEPT: A. Appeal against a decree B. For the recovery of immovable property-with or without rent or profits C. For the partition of immovable property D. For transfer of immovable property
Case Rating: *
The correct answer to your question is:
A. Appeal against a decree
If you have any other questions or need further clarification on the Code of Civil Procedure or any other legal matters, feel free to ask!
As per Code of Civil Procedure, * Order VIII Rule *, where a defendant denies an allegation of fact in the ________, he must not do so evasively but answer the point of substance. A. Appeal B. Argument C. Defense D. Plaint
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As per Code of Civil Procedure, * Order VIII Rule *, where a defendant denies an allegation of fact in the plaint, he must not do so evasively but answer the point of substance.
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According to the Code of Civil Procedure, * Order * rule *, it ________ be necessary that every defendant shall be interested as to all the relief claimed in nay suit against him. A. May B. May not C. Shall D. Shall not
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According to the Code of Civil Procedure, *, Order * Rule *, it B. May not be necessary that every defendant shall be interested as to all the relief claimed in any suit against him.
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As per Order VIII, Rule * of the Code of Civil Procedure *, the defendant shall at or before the first hearing or within such time as the Court may permit, present ________ his defence. A. A legal record in B. A written statement of C. An argument in D. An evidence in
Case Rating: *
The correct answer to your question is:
B. A written statement of
If you have any other questions regarding the Code of Civil Procedure or any other legal matter, feel free to ask!
As per section *(*) of the code of civil procedure, *, the court ________ subject to any objection as to limitation or jurisdiction. A. May B. May not C. Shall D. Shall not
Case Rating: *
The correct answer to your question is:
C. Shall
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As per explanation to Section * (where suits to be instituted) of the code of Civil Procedure *, “Property” means property situated ________. A. Anywhere in the world B. In Pakistan C. In specific region D. In the provinc
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The correct answer to your question is B. In Pakistan. As per the explanation to Section * of the Code of Civil Procedure *, "Property" means property situated in Pakistan.
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The word ‘resides’ used in s. * of the Code of Civil Procedure means ________. A. Natural persons B. Companies C. A & B D. None of thes
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The correct answer to your question is:
C. A & B
The term "resides" used in Section * of the Code of Civil Procedure refers to both natural persons and companies.
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If the suit is pending in a foreign court then doctrine of ________ cannot be applied. A. Resubjudice B. Res-judicata C. Both A and B D. None of these
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The correct answer to your question is:
A. Resubjudice
The doctrine of res sub-judice cannot be applied if the suit is pending in a foreign court.
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Res-judicata is invoked where the matter in issue is ________. A. On same subject matter B. Already decided C. Between same parties D. All of these
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Res-judicata is invoked where the matter in issue is:
- On the same subject matter
- Already decided
- Between the same parties
The correct answer is D. All of these.
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For determination of arising question during execution, a separate suit ________ for quicker relief. A. Shall not be Instituted B. Not be instituted C. May be instituted D. None of these
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The correct answer is:
C. May be instituted
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