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1

Mark the incorrect statement:

A

A civil has jurisdiction to try all suits of civil nature unless barred expressly or impliedly
B

Consent can confer or take away jurisdiction of a court
C

A decree passed by a court without jurisdiction is a nullity
D

Burden of proof of exclusion of jurisdiction of a court is on the party who asserts it

2

A decision in a suit may operate as res-judicata against persons not expressly named as parties to the suit by virtue of 'Explanation'

A

II to Section 11 of the Code of Civil Procedure
B

IV to Section 11 of the Code of Civil Procedure
C

VI to Section 11 of the Code of Civil Procedure
D

VII to Section 11 of the Code of Civil Procedure

3

That a petition dismissed under Article 226 would operate as res judicata so as to bar a similar petition in the Supreme Court under Article 32 of the Constitution was held in the case of;

A

Daryao v. State of U.P.
B

Arjun Singh v. State of M.P.
C

Sudhir Chandra v. State of W.B.
D

None of the above

4

Which of the following is true;

A

The pendency of suit in a foreign court precludes the courts in India from a trying a similar suit
B

The pendency of a suit in a foreign court precludes the courts in India from trying a similar suit provided the suit is founded on the same cause of action
C

The pendency of a suit in a foreign court does not preclude the courts in India from trying similar suit even if it is founded on the same cause of action
D

None of the above

5

"Any relief claimed in the plaint, which is not expressly granted by the decree, shall, for the purposes of this section, be deemed to have been refused." This provision is incorporated in;

A

Section 11, Explanation II
B

Section 11, Explanation III
C

Section 11, Explanation IV
D

Section 11, Explanation V

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