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1

Which is the correct essential conditions for applicability of the rule of sub judice?

A

The matter in issue in the subsequent suit must be directly and substantially in issue in the previous suit.
B

The parties must be litigating under the same title in both the suits.
C

Both 1 and 2
D

Neither 1 nor 2

2

The expression 'former suit' in the context of rule of resjudicata means a suit which has been

A

instituted prior to the suit in question.
B

decided prior to the suit in question.
C

Both and
D

Neither nor

3

Which of the following statements is true?

A

A suit for recovery of immovable property shall be instituted in the court in whose jurisdiction the property is situated.
B

A suit for partition of Lmmoveable property shall be instituted in the court in whose jurisdiction the defendant resides or works for gain.
C

Both and
D

Neither nor

4

Consider the following statement(s) i. A defendant may set up, by way of a counter-claim against the claim of the plaintiff any right or claim in respect of the cause of action accruing to him. ii. The counter-claim may be submitted by the defendant even after he has delivered his defence. iii. The Counter claim shall not exceed the pecuniary jurisdiction of the court. which of the following statements given above are correct ?

A

(i) and (ii)
B

(i) and (iii)
C

(ii) and (iii)
D

All these

5

Which of the following statements is incorrect?

A

A representative suit may be instituted by one or more persons for the benefit of all interested persons with the permission of the court.
B

Notice of the institution of a representative suit must be given by public advertisement at the plaintiffs expense to all interested persons whereby reason of their number, personal service is not , reasonably practicable.
C

Any person for whose benefit a representative suit fee been instituted may apply to join as a party thereto.
D

The person(s) who instituted the suit or person who wined as party have unrestricted right to compromise with the defendant.

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