166. As per Order IX Rule 6(2) of the Code of Civil Procedure 1908, where it is owing to the plaintiff's default that the summons was not _______________ or was not served insufficient time, the Court shall order the plaintiff to pay the costs occasioned by the postponement
A. Duly served
B. Entertained
C. Posted
D. Sent
122.
165. As per Code of Civil Procedure, 1908 Order IX, Rule 6, 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 further
123.
164. Where there are more plaintiffs but one or few appear on date of hearing then court may _________________ trial of suit
A. Dismiss
B. Reject
C. Proceed
D. All of these
124.
163. Decree against plaintiff by default of his absence bars fresh suit under _______________
A. 09 rule 9
B. 09 rule 6
C. 09 rule 5
D. None of these
125.
162. Court shall not dismiss the suit if defendant _______________ in absence of plaintiff.
A. Claims set off
B. Appears before court
C. Raise objections
D. None of these
126.
161. Ex-partee decree is ____________
A. Appealable
B. Revisionable
C. Both A and B
D. None of these
127.
160. As per Order IX rule 13(1) of the C.P.C, in any case, in which a decree is passed ex-parte against a defendant, he may apply to the Court by which the decree was passed for an order _________________
A. To set it aside
B. To continue with it
C. To return the fee
D. To give a notice to the other party
128.
159. Ex-partee proceedings can be carried where ______________ does not appear despite duly serving of summons.
A. Plaintiff.
B. Defendant
C. Both A and B
D. None of these
129.
158. Where a suit is dismissed under 2 or 3 of order ix, then plaintiff may _________________
A: Bring fresh suit
B. Apply for setting aside dismissed order
C. Both A and B
D. None of these
130.
157. Suit may be ______________ by court in consequence of plaintiff's failure to pay costs for summons.