47. In case of moveable property suit can be instituted in ______________ against defendant
A. Where the defendant resides
C. Where the cause of action occurred
B. Where he carries business
D. All of these
242.
46. As per section 15 of the Code of Civil Procedure, 1908, every suit shall be instituted in the Court of the lowest grade competent to try it, EXCEPT:
A. Appeal against a decree
B. For the recovery of immovable property-with or without rent or profits
C. For the partition of immovable property
D. For transfer of immovable property
243.
45. Suits can be instituted where the subject matter is situated in case of ________________.
A. Partition of immoral property
B. Foreclosure
C. Redemption in case of mortgage
D. All of these
244.
44. If an incompetent court passes decree in a matter, it shall have ________________ effect
A. Binding
B. Same
C. No binding
D. None of these
245.
43. According section 15, of CPC, every suit shall be instituted in the Court of ___________________.
A. Lowest grade competent to try it
B. Highest grade competent to try it
C. Both (a) and (b)
D. None of these
246.
42. According to the _________________ Res-judicata, if any plea could have been taken during trial by respective parties but parties failed or did not raised then such party cannot be allowed to re litigate the same matter.
A. Actual
B. Constructive
C. Both A and B
D. None of these
247.
41. There are ______________ kinds of Res-judicata
A. 3
B. 5
C. 2
D. 7
248.
40. As per Civil Procedure Code 1908, section 12(2), where a person challenges the validity of a judgment, decree or order, he shall seek his remedy by making an application to the court which passed the final judgment __________________.
A. Plea of fraud
B. Misrepresentation
C. Want of jurisdiction
D. All are Correct
249.
39. The validity of decree, order or judgment can be challenged on the plea of _______________.
A. Fraud
B. Misrepresentation
C. Want of jurisdiction
D. All of these
250.
38. According to section 12(2) of CPC, validity of _______________ can be challenged on the ground of fraud.