61. Where it appears to the Court that there exist elements of a settlement the Court shall…
(a) Leave the matter undecided
(b) Decide the matter itself
(c) Refer the same for arbitration, conciliation or mediation
(d) None of the above
Correct Answer - (c) Refer the same for arbitration, conciliation or mediation
62. A decree for execution cannot be sent to a –
(a) Foreign Court
(b) Court outside India established by the authority of Central Government
(c) Both (a) and (b) above
(d) Neither (a) nor (b)
Correct Answer - (a) Foreign Court
63. Which of the following must be stated in the pleadings –
(a) Facta Probanda
(b) Facta Probantia
(c) Both (a) and (b) above
(d) Neither (a) nor (b)
Correct Answer - (a) Facta Probanda
64. Agreement between the parties to institute the suit relating to disputes in a particular Court–
(a) Does not oust the jurisdiction of other courts
(b) May operate-as estoppels between the parties
(c) Both (a) and (b) above
(d) None of the above
Correct Answer - (c) Both (a) and (b) above
65. The Doctrine of res judicata applies to –
(a) Changing circumstances
(b) Static situations
(c) Both (a) and (b) above
(d) None of the above
Correct Answer - (b) Static situations
66. A judgment delivered by a Foreign Court of competent jurisdiction can be enforced by an Indian Court and will operate as res judicata between the parties thereto except in the cases mentioned–
(a) Section 14
(b) Section 13
(c) Section 12
(d) Section 11
Correct Answer - (b) Section 13
67. An order allowing or disallowing an application for amendment is –
(a) Appealable
(b) A decree
(c) An appealable order
(d) None of the above
Correct Answer - (d) None of the above
68. The defendant against whom an exparte decree has been passed can prefer an appeal under
(a) Order 9 Rule 13
(b) Order 47 Rule 1
(c) Section 96(2)
(d) None of the above
Correct Answer - (c) Section 96(2)
69. Where the relief claimed by the plaintiff is undervalued and the valuation is not corrected within the time fixed or extended by the Court –
(a) The plaint may be rejected
(b) The plaint will be rejected
(c) The plaint will be returned
(d) Either (a) or (c)
Correct Answer - (b) The plaint will be rejected
70. Which of the following does not deal with the final determination of contested questions and have the binding effect in future litigation
(a) Res subjudice
(b) Res Judicata
(c) Stare decisis
(d) Both (a) and (b)
Correct Answer - (a) Res subjudice
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