Model Papers - Civil Procedure Code- Model Paper 22

1.

Which statement is wrong -

  1. <p>u/s 311 Cr.P.C. witnesses can be recalled at any stage</p>
  2. If the evidence of a person appears to be essential for the just decision of the case then the recording of the statement of the witness u/s 311 is mandatory
  3. <p>Aim of Sec. 311 is not to fill the gap of prosecution but to discover truth</p>
  4. <p>All of the above is incorrect</p>

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2. In which the following cases, secondary evidence of the content of the document cannot be given -

  1. When the original is in the possession of a person out of reach of the process of the Court
  2. When the original has been destroyed
  3. When the document is registered one and may be produced before the Court
  4. When the original is of such a nature as not to be easily movable

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3. Which of the following is a deemed decree -

  1. Rejection of a Plaint
  2. Determination of questions under section 144 of the Code of Civil Procedure
  3. Adjudication under Order 21 Rule 58
  4. all of the above

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4. Which of the following provisions of the Code of Civil Procedure precludes a plaintiff from instituting a fresh suit ?

  1. Order 9 Rule 9
  2. Order 11 Rule 21 (2)
  3. Order 22 Rule 9
  4. All of the above

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5. Res judicata may operate between -

  1. A plaintiff and a defendant
  2. Co-plaintiffs
  3. Co-defendants
  4. All of the Above

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