Suits in General Institution of Suits MCQ Quiz in বাংলা - Objective Question with Answer for Suits in General Institution of Suits - বিনামূল্যে ডাউনলোড করুন [PDF]
Last updated on Apr 4, 2025
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Suits in General Institution of Suits Question 1:
Which of the following deals with plaint in interpleader-suits in the code of civil procedure?
Answer (Detailed Solution Below)
Suits in General Institution of Suits Question 1 Detailed Solution
The correct answer is Option 4.
Key Points Order XXXV Rule 1 of the Code of Civil Procedure, 1908 pertains to the Plaint in an interpleader suit. This rule mandates certain key elements that must be included in the plaintiff’s complaint:
- Lack of Interest: The plaintiff, in the interpleader suit, must explicitly state that they have no interest in the subject matter of the suit or in the individual claims made by the defendants.
- Absence of Conspiracy: The plaintiff must unequivocally assert that there is no collusion or conspiracy between the claimants and any of the defendants throughout the course of the case.
- Listing Defendant’s Claims: The plaintiff is required to include all the arguments and claims presented by the defendants in the complaint.
- Willingness to Present Property: If the property in dispute is movable, the plaintiff must express their willingness to place it before the court for resolution.
Additional Information
- Order 12 of CPC deals with admissions. Rule 1 provides that a party can admit the case of the other party, entirely or partially, by giving a notice.
- The provision regarding the return of plaint are provided under the Order 7 Rule 10,10A,10B CPC 1908.
- Order 33, Rules 1–18 of the Code of Civil Procedure (CPC) deal with suits filed by indigent persons.
Suits in General Institution of Suits Question 2:
Under Section 16, CPC, a suit relating to immovable property can be filed in a Court whose local jurisdiction is
Answer (Detailed Solution Below)
Suits in General Institution of Suits Question 2 Detailed Solution
The correct answer is Both (1) and (2)
Key PointsSection 16 - Jurisdiction for Suits Relating to Property
Subject to Pecuniary or Other Limitations: All suits specified in this section are to be filed within the parameters of any financial or other restrictions set by applicable laws.
- Suit Categories: This section applies to suits involving:
- The recovery of immovable property, inclusive of claims for rent or profits;
- The partition of immovable property;
- Foreclosure, sale, or redemption in mortgage or charge situations concerning immovable property;
- The clarification or determination of rights or interests in immovable property;
- Compensation for damages to immovable property;
- The recovery of movable property that is under distraint or attachment.
Suits in General Institution of Suits Question 3:
'X' files a suit against his sister 'Y' seeking partition of properties of their parents. 'Y', in her written statement admits the shares of 'X' and 'Y' in the properties as pleaded by 'X'. The Court should: