 Good evening friends. Amongst us we have Mr. Shankar Muldi, a famous advocate and now I can say also a famous resource person. We have done numerous sessions and with him we are taking the part two as we had committed as to the important questions, model questions which he had framed, which he feels that since they are tricky as well as it also gives the insightful parts. As to one can understand. For what she feels that one can crack the examination on the judicial side. Therefore, we have kept the name of the session also civil judge preliminary examination model question paper. We will be taking the 50 questions 50 already we have taken and I at the end of the session, there are three questions. So that you will have to stay connected to understand those last three questions, which also give you a better insights. So the first question is an order rejecting the plane for non payment of the code fee is a judgment not a decree decree none of the above. Yes. The answer is section to subclass two of CPC. It says an order rejecting the plane is deemed to be a degree. Your suit has been filed. You have had an application to reject the flight. If that application is allowed in the sense the suit is rejected. So then it is deemed to be a degree. So it is a degree. Suppose your application filed to reject the plane is dismissed. Then it is not a degree. As I can just set the order order rejecting the plane. The remedy is to file appeal, but that application is dismissed. The remedy is to file revision. Next question, which of the following is a decree rejection of a plane and order under order 21 rule 58 of CPC both A and B or none of the above. As I said earlier, order rejecting the plane is a degree. So A is also the correct answer. Then order 21 rule 58 is the application filed before the execution code. Suppose a third party, he may claim title to the property. If the property is attached, he can file an application to raise the attachment or he can claim title. This application is otherwise known as claim petition. If any order is passed under order 21 rule 58, it is also deemed to be a degree. So B is also correct. C both A and B none of the above. C is the correct answer. If the plane is rejected for nonpayment of court fees, the remedy is revision, regular appeal, rate, civil miscellaneous appeal. Under order 7, order 7 rule 11, it contemplates certain ingredients to reject the plane. As I said, once the plane is rejected, the remedy is to file a regular appeal, not civil miscellaneous appeal. If it is an appealable order, then civil miscellaneous appeal will lie. Once the application filed to reject the plane is allowed, the main plane is rejected, the remedy is to file civil regular appeal. The essence of the claim for means profit is possession, wrongful possession of the defendant, enjoyment of the property, none of the above. Section 2 subcast 12 of CPC deals with main profits. The essence of claim on main profits is a person in wrongful possession. A person is wrongfully in possession of the degree quota since he is liable to pay main profits. So the answer is B. Next. Then the rejection of an application for leave to sue in-perform of operas is a decree, not a decree, appealable order, none of the above. Suit for in-form of operas, otherwise known as in the suit by indigent person. Indigent person means the person who is not in a position to pay the requested court fees to file the suit. Under those circumstances, he may claim that at present I am not in a position to mobilize fund. So I may be permitted to sue as an indigent person, that means without the court fees initially. So if that application is rejected, that is the permission is not granted to sue as an indigent person, then it is an appealable order. It is an appealable order under order 43 rule N.A. Next question. Which of the following proposition is correct? Judgment follows decree, decree follows judgment, decree and judgment must be drawn together or none of the above. Section 33 of CPC deals. Once after the argument is over, the court shall deliver judgment first, then only the degree will be drawn up. So degree follows judgment is correct, B is the correct answer. Which of the following is a decree, order of abatement of a suit, dismissal of an appeal as a time bar, dismissal of the suit, all of the above. Let's take one by one. Which of the following is a degree, order of abatement of a suit. It means once the plaintiff. Who? You also leave. Hello. Once plaintiff died, the remedy is the legal hairs has to file an application to impede themselves as a party to the suit under order 22 rule 3. Suppose no steps was taken to impede the legal hairs of the deceased plaintiff, then the suit will be abated. So it is a degree. Then dismissal of appeal as time bar. Suppose you are challenging an appeal before the appellate court. There was a delay in filing the appeal. So you have had an application to condone the delay. If that application is dismissed, in effect the appeal is also dismissed. Then it is also a degree. Dismissal of the suit for want of evidence. There are so many facts to dismiss the suit. Suppose for want of evidence the suit is dismissed, it is also a degree. So the correct answer would be D or D above. Order refusing to set aside a sale is a degree, not a degree. Appealable order none of the above. It is a degree. If set aside a sale is a degree, not a degree. Appealable order none of the above. Court conducted the court auction sale. The court auction sale can also be set aside. By invoking order 21 rule 89, order 21 rule 90, order 21 rule 91. Under order 21 rule 89, if the entire degree amount is deposited within a period of 30 days plus grace period of 30 days, totally 60 days, then the court auction sale will be set aside automatically. Under order 21 rule 90, if there is a fraud in conducting the sale, and an account of such fraud, immense hardship is caused to the judgment data, then on that ground the court auction sale can be set aside. Then order 21 rule 91, when the judgment data has no saleable interest, at the instance of the judgment auction purchase, the sale can be set aside. You have found an application to set aside a sale, but the court refused to set aside the sale, then the remedy, it is an appealable order as contemplated under order 43 rule J. Suppose if the court set aside the sale, then it is also an appealable order, under 43 rule J. So order, setting aside the sale, refusing to set aside the sale, both are appealable order, CMEA civil miscellaneous appeal will lie under order 43 rule J. Next question. This is, in which of the following cases the court of civil procedure, 1908 provides for passing a preliminary decree, suits for dissolution of a partnership, suits for accounts between principal and agents, suits for partition and separate position, all of the above. Section 2 of CPC deals with degree. Degree, it may be preliminary degree, final degree or both. There are certain suits. Normally if a suit for injunction is filed, there will be a one degree. Suit for declaration of title, there will be a one degree. There are some kind of suits in which the first the court has to pass a preliminary degree and thereafter pass final degree. In a suit for dissolution of the partnership firm, the court has to pass a preliminary degree dissolving the partnership firm. Then, if the partnership is not at will, in other cases the court can dissolve the firm and the final degree will be passed regarding the rendition of accounts to what is the share amount of the property. In a suit for accounts between principal and agents, in the court has to pass a preliminary degree ascertaining the amount to do and payable either to the principal or agent and final degree, the payments will be ordered. Suit for partition and separate possession. In a suit for partition, the preliminary degree has to be passed ascertaining the quantum of the share that may be allotted in favor of the plaintiff. In the final degree, which portion of the share has to be allotted in favor of the plaintiff that has to be finalized by appointing an advocate commissioner under order 26, rule 13 of CPC. So, suit for dissolution of the partnership firm, suit for accounts between the principal and the agent, suit for partition and separate possession. In all these three cases, both preliminary degree and final degree can be passed. So, the correct answer is D. Next question. In which of the following cases the CPC-19008 provides passing of a preliminary degree, suit for foreclosure of mortgage, suit for partition, suit for redemption of mortgage, all the above. Suit for foreclosure of redemption of mortgage. Order 34, rule 2 and 3. Suit for foreclosure of redemption of mortgage means in the preliminary degree, the court has to pass an order regarding the amount that may be payable to the plaintiff's mortgage. And in the final degree, the court may pass an order debarring the mortgage from redeeming the property. This is on the principle, once a mortgage is always a mortgage. Till final degree is passed, the mortgage has got ever a right to pay the mortgage amount and redeem the property. In a suit for partition, preliminary degree, quantum of the say that may be allotted in favor of the plaintiff has to be ascertained. Suit for redemption of mortgage. The mortgage has got right to file a suit for redemption of mortgage. In the preliminary degree, the court has to pass an order the amount due and payable to the mortgage. In the final degree, the court, once the amount is paid by the degree-golder Marguerjar, in the final degree, the court may direct the mortgage to cancel the mortgage if any document is produced ordering to deliver the document to the plaintiff. If it is in the case of a suprachari mortgage, then directing the defendant Marguerjar Marguerji to put the plaintiff Marguerjar in possession of the property. This is contemplated order 34, 2, and 3. So the answer is D. In all these cases, preliminary degree can be passed. Judge is defined as the presiding officer of a civil court under which of the following sections in the CPC? CPC? CPC? CPC says presiding officer of the, not a judge. This is section 2 subclassics. Next question. Under section 2 subclass 7A of CPC, the High Court in relation to Andaman Nicobar Island means Kolkata High Court, Mumbai High Court, Alagabar High Court, Madras High Court. Both Kolkata and Madras High Court are very near to Andaman Nicobar. But Andaman Nicobar Island preferred the court of Kolkata. So Kolkata is the High Court of Andaman Nicobar Island. Next question. A decree passed without jurisdiction is irregular, improper, curable, non-est. So when the court which pass the degree has no jurisdiction at all, it has no competency to pass the degree. Then it means non-est in the eyes of law. It is not a degree at all. Suppose under the surface act, if the court entertain a suit and pass the degree that the notice issued by the bank under section 1340 Sillig and Nallanwai, the degree on the face of the record is non-est because under section 34 of the surface act, civil court lacks incident jurisdiction to entertain the suit arising under the surface act. So the degree passed with the jurisdiction is non-est. An issue can be an issue of fact, issue of law, issue of fact, issue of law and issue of fact and law. Order 14. Issue of fact, issue of law, issue of fact and law. Issue of fact, issue of law and issue of fact and law. D is the correct answer. I will illustrate. Suit has been filed on promissory notes. Suit has been filed on promissory notes. The defense was taken by the defendant that the promissory note, the suit has been filed after the expiry of the limitation, after three years. This is a question of law. Another defense was taken. The suit was filed after the expiry of the limitation period but there was an endorsement. In the data of endorsement, the suit is in time but the defendant pleads that his signature subscribed in the endorsement is not his signature. Here again it is a whether it is a signature of the defendant or not on the endorsement. This is purely a question of fact. If the court finds that it is a signature of the defendant, then the suit is in time. If the court finds it is not a signature of the defendant, then the suit is by the limitation. Here it is a mixture question of law and fact. So issue of fact, issue of law, mixture question of law and fact, these are all the three kind of issues that can be framed by the court under order 14 of CPC. Which of the following is the pleading of the defendant? Suit, plaint, affidavit, written statement. Because under order 6, rule 1, both plaint and written statement are pleading. The duty of the court. Expounding jurisdiction, expanding jurisdiction, acquiring jurisdiction, none of the above. The duty of the court is to expound the jurisdiction. Suppose expound the jurisdiction means to clarify. To clarify. The court cannot acquire jurisdiction. The court cannot expand its jurisdiction, already vested. The court at the best can expound. Expound means to clarify its jurisdiction. So answer is A. Which of the following is not a suit of civil nature? Suit relating to right of ownership? Forship, forship. 17th question. Which of the following is not a suit of civil nature? Suit relating to right to a right of workshop? Suit for upholding dignity or honour? Suit relating to taking out religious processions? None of the above. Section 9, CPC deals with suits of civil nature. What is the meaning of civil nature? When a suit is said to be in civil nature, when it involves the civil right of the parties. Then what is the meaning of civil right? Civil right means the rights and liabilities of the parties. Rights and liabilities of the parties has distinct from public law. Suit relating to right of worship? It is civil in nature. Section 9 says upholding dignity or honour is not a civil in nature. So the answer is B. Provision regarding rest of the day is discretionary, declaratory, mandatory or directory? Section 10, CPC contemplates this subjudice. It is otherwise known as stay of suits. Suppose one suit is filed between the same parties in respect of the very same subject matter. Then subsequently the defendant filed a suit against the defendant subsequently. So the one subject matter is one and the same. When the issues are direct and substantial, then the subsequently instituted suit has to be stayed. It is mandatory in nature. So the answer is C. In two suits between the two parties involving same subject matter and same questions. Then which of the following suits should be stayed? Former, subsequent, both none of the above. So subsequently instituted suit alone has to be stayed. But please keep it in mind. In the subsequently instituted suit, some interlocked applications are pending. The court has no power to stay the inquiry in the interlocked application. The court can stay only the trial of the subsequently suit and not interlocked application. This is very important point. Section 10. The rule of constructive resjudicator is a product of judicial interpretation. Rule of equity contained expressly in the CPC, a part of the Supreme Court rules. It is not the product of judicial interpretation. It is not a rule of equity. It is not a part of the Supreme Court rules. It is expressly contained in CPC, explanation for two section 11. So answer is C. The doctrine of resjudicator is not applicable to the writ of habeas corpus, sorcery, mandamus or covalentum. Habeas corpus. Except habeas corpus, other remaining rates, the rule of resjudicator will apply. Habeas only for the purpose of habeas corpus, it has no application. Is the principle of resjudicator applicable to criminal proceedings? No. The concept of constructive resjudicator is nothing else but a rule of estoppel. Yes. Answer is correct. It is a product of estoppel. Can the plea of resjudicator be waived? Yes, it can be waived by the party. Answer is yes. Can you elaborate this one? Which one? That how can the plea of resjudicator be waived? Yes, plea of resjudicator can be waived. Section 11 CPC, it gives a privilege to the party to raise the plea of resjudicator. Suppose in the subsequent suit, the issue involved is one and the same, direct in nature. So the earlier or degree in the earlier suit will operate as resjudicator. The subsequent institute suit has to be dismissed on the ground of resjudicator. Suppose the defendant has not raised the plea and the waived is right. The court is not bothered about and it will proceed to frame issues and answer the issues in the subsequent suit. So it is a privilege given to the defendant to raise the plea of resjudicator. Once he is waived, waver in the sense intentional relinquishment of known rights. Law gives second privilege to you. You can raise the plea of resjudicator on your failure to raise the plea of resjudicator. It means you have waived your legal rights. So a waiver means intentional relinquishment of known rights. Can this issue of resjudicator be raised for the first time during the course of arguments? Can it be raised during the course of arguments of plea of resjudicator? It's not taken specifically in the written statement. It cannot be raised at the time of arguments because court is bound by the pleadings. In the absence of pleadings, in the absence of pleadings in the written statement, it is not open to the counsel appearing for the defendant to raise the plea of resjudicator for the first time at that too on the virtue of arguments. There must be a pleading and there must be issues. In the absence of such issue, in the absence of pleading, no person can raise the plea of resjudicator first or fresh. We will see if you can share some case long best. Which of the following explanation to section 11 of CPC deals with constructivity and issue? Explanation 2, explanation 3, explanation 4, explanation 5. I already said explanation 4 C is the correct answer. Will an expatriate degree operate as resjudicator? Yes. Unless and until the expatriate degree is set aside in the manner known to law, it will operate as resjudicator into subsequent suits. Answer is A. So again in this case also there is a plea of waiver you can raise. No, no, no. See in the subsequent suit, when the defendant says there was an expatriate degree, that degree will operate as resjudicator, then expatriate degree will operate as resjudicator. No, I am saying if the plea has not been raised in the relationship. If the plea is not raised then it will not operate as resjudicator. It is for the defendant to raise the plea of resjudicator. Once he raised expatriate degree will also operate as resjudicator. Which of the following is not a degree? Dismissal and default, rejection of plaint, order under section 47 of CPC, none of the above or all of the above. Dismissal and default, section 2 CPC says suit dismissed for default is not a degree. Rejection of plaint is deemed to be a degree. Order under 47 CPC is deleted and 1977 amendments. So dismissal for default and order under 47 are not degrees. So the correct answer is D, both A and C. A degree holder need not be a party to the suit. The term is not confined to the plaintiff, both A and B, neither of the above. Section 2 subclass III of CPC deals who is a degree holder. Degree holder means in whose favor the degree is passed. He said degree holder or an order capable of execution is made is also a degree holder. Suppose a degree is passed in favor of A. So A is a degree holder. A died. His legal hands can file an execution petition. They must get an order from the court which passed a degree that they are capable of executing the degree. Under those circumstances they will become the degree holder. Suppose a degree is assigned in favor of third party, the assignee may get a permission from the court which passed a degree to execute the degree. Under those circumstances he will become a degree holder. So degree holder need not be a party to the suit. The term is not confined to plaintiff. So the answer is both A and B. I will give an illustration. In a suit of specific performance, degree is passed in favor of the plaintiff. Directing the plaintiff to pay the balance sale price and upon such a balance sale price directing the defendant to execute a sale deed and on the failure of the defendant to execute a sale deed, the sale deed will be executed by the court. Here degree is passed. In plain meaning the plaintiff in a suit of specific performance is a degree holder. Suppose the degree holder plaintiff fails to pay the balance sale price into court within the stipulated time, then the defendant becomes a degree holder. So in a suit of specific performance, both plaintiff and defendant are degree holders. Next. Judgment under section 2 sub clause 9 means degree, dismissal of an appeal summarily, statement of grounds of an earlier order or decree all the above. So judgment is the statement on grounds of an order or degree answer is C. Means profits as defined under section 2 sub clause 2 to L means those profits which a person in wrongful position of such property actually received or might have received together with an interest excluding the... Those profits in which person is in the wrongful position actually involved, received due to improvements made by such persons. Those profits which person is a wrongful position of such property actually received or might have received, but without interest on such profits. Those profits which the person in wrongful position of such property actually received. I will give an illustration, beautiful illustration, then all the participants will know the meaning of mean profits. Mean profits means suppose a suit is filed for eviction of the lecy in respect of one actor. Suit is filed in the year 2000. Possession was taken in the year 2010. So during this interagnum period of 10 years who was in possession that defendant. So the defendant possession is unlawful. After termination of notice, the possession of the lecy is unlawful. So during the pendency of the suit from the date of suit till the delivery was affected in favor of the tigri gold heir the defendant is in wrongful possession and he is enjoying the property. So what are all the profits earned by the defendant that who is in wrongful possession is liable to pay mean profits. Suppose during the pendency of the suit during the pendency of from the date of suit till the delivery of delivery is affected the defendant has cultivated only 50 cents out of one actor and he allowed the remaining 50 cents in not cultivating the same. The word used is might have received if the remaining 50 cents is cultivated then what are all the profits earned there from that is also mean profit the judgment that is liable to pay mean profits. Suppose in the suit property if any irrigation source is made by the defendant tigri gold heir on account of such irrigation sources if he earned something more than the profit so he can subtract the income derived on account of the irrigation sources and the improvements can be excluded. So profits which the person in wrongful possession of property actually received or might have received together with the interest excluding the improvements made by such a person is the mean profits the correct answer is A. Under section 13 of CPC foreign judgment can be challenged on the grounds competency of the court pronouncing the judgment being obtained by fraud sustaining a claim founded on a breach of law and force in India all of the above. All the above. Suppose American court passed a degree against the law of the India so it is incomplete if the degree is obtained by fraud it can be challenged sustaining a claim founded on a breach of law in force in India so against the law in India the foreign court has no power to pass a degree even if it is passed then it can be challenged before the court in India so answer is D. Under section 15 of the CPC the suit can be the suit shall be filed before the district judge the court of the lowest grade the court of the highest grade all the above answer is C. B. the court of the lowest grade competent to try competent to try B is the correct answer then a suit for damages for breach of contract can be filed at the place where the suit contract was made when the contract was to be performed breach occur anywhere in India both A and B where the contract was made where the contract was to be performed the breach occur answer is both A and B, D is the correct answer and those who have missed our first 50 questions of the earlier session they can log into the YouTube channel of Beyond Law CLC they can watch because these are 50 questions today earlier we had done 50 questions we were searching Armoly so those who have missed that or those who want to connect with that they can watch that also objection to the place of swing can only be taken before the court at the first instance at the earliest possibility first possible opportunity can be taken before the applet court for the first time can be taken before the court of revision for the first time all the above. Section 21 of CPC it must be raised before the court of first instance of the earliest point of time so the answer is A under section 32 of CPC to compel the attendance of a person to whom summons have been summoned under section 30 of the CPC the court is empowered to issue the warrant for the arrest attach and sell his property impose a fine not exceeding rupees 5000 either A B or C court can issue warrant for arrest court can attach and sell the property court can impose fine not exceeding 5000 so answer is D the court can reject the plaint and orders 7 rule 11 explanation sub-clause C of CPC if it is not filed in replicate, duplicate, quadruple it only C and not A or B after the amendment made in 2002 the plaint shall be filed and duplicate answer is B the concept of the reasonable distribution of the sale proceeds end in the section the execution for the amount of the degree colder is contained section 73 what is the meaning of rateable distribution suppose A obtain a degree then the defendant failed to pay the degree till amount then the defendant judgment at our property can be brought for auction auction held sale proceeds are deposited into the court so suit is between A and B the degree colder's property was sold in public auction and the sale proceeds are deposited into court C obtained a separate degree against B C obtained a separate degree against B for a sum of rupees one lakh and whatever it may be the C he need not file execution petition against B he can file an application under section 73 of CPC for the rateable distribution suppose A claim is one lakh the property sold is five lakhs so the remaining out of the remaining four lakhs he can ask for the payment of one lakh the degree amount in his favor this is known as rateable distribution of the sale proceeds section 73 deals with in a person who has already obtained a degree he need not levy the degree in execution by via filing execution petition he can very well file an application in section 73 in the execution already filed by the degree colder against his judgment data on the rejection of a plaint under order 7 rule 11 of CPC a fresh suit on the same cause of action under order 7 rule 13 of CPC is barred under all circumstances is not barred at all can be filed with the leave of the court under order 7 rule 11 if the plaint is rejected on any one of the grounds contemplated under order 7 rule 11 it does not preclude the plaintee from filing a fresh suit this is contemplated under order 7 rule 13 so it is not barred at all B is the correct answer consequent to the failure of the consolation proceedings the presiding officer of the consolation forum can refer the matter again to the court under order 10 rule 1 B of CPC order 10 rules 1 C of CPC order 10 rule 3 of CPC order 10 rule 4 of CPC first cancellation failed cancellation officer can return the bundle to the court under order 10 rule 1 C of CPC list of witnesses after settlement of the issues must be filed within 15 days 30 days, 45 days or 60 days 15 days order 2 rule 2 of CPC does not apply to application for execution red petitions both A and B neither A or B part is order 2 rule 2 suppose the plaintee by the time of filing a suit may have remedies he may entitled to get more than one relief but he is reserving his right to get relief subsequently he can file an application under order 8 ordered to work out his remedy to get the relief which he is permitted at present so this power is not applicable to execution petition you can file only one execution petition suppose the execution petition is dismissed within a period of 12 years you can file another execution petition but at the time of filing execution petition you cannot reserve a certain right and proceed with the one of the remedy and in repetition order 2 rule 2 has no application so the answer is C both A and B upon repetition they say it applies there are judgments there are judgment which says broader principles of order 2 rule 2 would also apply we have asked for bench repetition you can file one you can get one relief and subsequently you may get another relief order 2 rule 2 CPC is not applicable to repetition there are lot can turn of decisions of that leading must date facts law evidence you can correct A material facts order 6 rule 2 the pading must state material facts you insert the word material before facts pleadings can be amended before the trial code before the first applet code before the second applet code all the above so pleadings can be amended at any time even before the trial code first applet code second applet code supreme code provided after the amendment made in 2002 once a trial is commenced before the commencement of the trial that is pre trial stage you can file an application for amendment then it will be allowed once trial is commenced substantial portion of the evidence is recorded then application for amendment is made it can only be made only with the leave of the court so what is the thing to be noted here is the proposed amendment shall not be against the pleadings already there in the point of written statement it shall not inconsistent with the pleadings already there and there cannot be any antithetical amendment pleadings for the purposes of order 14 rule 4 of CPC court may adjourn the framing of the issues to a date not later than 7 days 7 days, A is the answer set off is a reciprocal arrangement between the plaintiff and defendant reciprocal settlement of dates between the parties both A and B order rate those 6 it is a reciprocal agreement between the plaintiff and defendant it is a reciprocal assignment of dates between the parties B is the correct answer which of the following in respect of set off is correct set off can be claimed in a suit for recovery of money the money claim must be a certain amount the amount claimed to be set off must be legally recoverable and not barred by limitation all the work order 6, order 8, order 6 all the above D is the correct answer if in any case in which the defendant sets up a counter claim is sued for plaintiff state discontinued, dismissed the counter claim is liable to be stayed, discontinued, dismissed can nevertheless be proceeded with is liable to be stayed but not discontinued or dismissed is liable to be dismissed and not stayed or disconnected counter claim I will give you an illustration A filed a super declaration to declare that he is the owner of the suit properties B filed a statement stating that A is not the owner of the property I am the owner of the property I ought to be declared as a title holder of the suit properties then under those circumstances by filing written statement he may file a counter claim he may declare himself as the owner of the property so once counter claim is filed then it will be treated as a suit the original suit is dismissed nevertheless the counter claim may be proceeded with this is contemplated under order 8 rule 60 so the answer is B if in any case in which defendant sets up a counter claim the claim of the plaintiff discontinued dismissed no I am sorry under order 9 rule 8 of CPC for non-appearance of the plaintiff a suit cannot be dismissed if the plaintiff admitted the whole of the claim if the defendant admits the claim of the plaintiff in a part of the extent of the claim admitted both A and B neither A nor B normally once the plaintiff failed to appear before the court on the day when he was pictured for his appearance then the court will be passed an order dismissing the suit for default provided defendant has already filed a written statement admitting the claim of the plaintiff even the non-appearance of the plaintiff does not empower the court to pass an order of dismissal the court has the duty bound to pass a degree the judgment instantaneously on account of the admission 8 by D defendant under order 12 rule 6 suppose the suit has been filed for recovery of 1 lakh against the defendant defendant admits that he is liable to pay only a sum of rupees 50,000 and law liable to pay 1 lakh as contented by the plaintiff in these circumstances suppose the plaintiff failed to appear before the court but on taking into consideration of the admission in part by the defendant the court will pass a degree directing the defendant to pay a sum of rupees 50 and in the remaining portion the court is empowered to pass a degree to dismiss the suit for default in respect of the remaining portion so the answer is both A and B C is the correct answer order 9 rule 6 of CPC provides for a procedure when only the plaintiff appears and defendant does not appear on the day of the hearing in the contingencies when someone duly served on the defendant then the court has to pass an order of text party when the someone served on the defendant but not within the sufficient time suppose court issued a summon directing the defendant to appear before the court on 15 15 3 15 3, 2023 but the someone was served on the defendant only on 14 3, 2023 at one day before the date so he may not be in a position to come to the court and appear himself and state his objection so under those circumstances court will adjourn the case for next hearing and directing the plaintiff to issue notice of next hearing to the defendant when someone not duly served the court may pass an order party issuance of second summon then all the above remedies available against an X party degree includes appeal review application for settings have the X party degree is passed normally what we will do we will find an application under order 9 13 to set a safety X party degree this is one of the remedy suppose I don't want to find application order 9 13 I can very well change the degree by way of appeal if the X party degree on the base of the record is wrong there is a mistake then I can find an application to review the order so all the above is the correct answer D is the correct now we had those three questions we had said that we will take last one last one judgment and admission can be given last one they there are not I don't have there no problem first let us discuss the three questions now just I posted before the commencement of this session yeah pending execution decree holder died the legal hails of the deceased decree have to follow which of the procedure to continue the execution procedure file an application for completing under order 22 rule 3 of CPC file an application under order 21 rule 16 of CPC read with section 146 of CPC before the execution proceedings file an application under order 21 rule 16 read with section 146 of CPC before the court which passed the decree file an application under section 650 of CPC before the execution court this is very interesting and most of the advocates are not aware how to execute the degree by the legal hails of the deceased degree holder order 22 contemplates abetment of suppose plaintiff died his legal hails can be completed under order 22 rule 3 but order 22 rule 3 is not applicable to execution proceedings under order 22 rule 12 so before the execution court the legal hails of the deceased recorder cannot file an application that the degree holder died via the legal hails we have to complete it to continue the execution but that prohibition is not applicable then order 21 rule 16 of CPC read with section 146 so by your against legal representatives contemplate a section 146 suppose degree holder died pending EP degree holder died the degree the legal hails of the deceased degree holder has to file an application before the court which posit the degree that we are the legal hails of the deceased judgment data we are capable of executing the degree in terms of order 2 subclass 3 of CPC so they must be given permission to proceed to the execution so they cannot file any application before the execution court under order 21 rule 16 read with section 146 the proper remedy they have to file an application under order 21 rule 15, rule 16 before the court which passed the degree is the correct answer B is the correct answer C is the correct answer next question so your answer would be for the C is the correct answer filing an application order 21 rule 16 of CPC read with section 146 of CPC before the court which passed the degree C is the correct answer so a partial compromise has been arrived at between the parties between the plaintiff and some of the defendant is it permissible when it does not affect the interest of the remaining defendants when the partial compromise is lawful both A and B none of the above in a suit when there are more than one defendants the plaintiff wants to compromise the matter with some of the defendants it is otherwise known as partial compromise partial compromise is permissible provided the partial compromise must be lawful and it shall not cause any injustice to the remaining defendants so the answer is C both A and B a compromise degree can be set aside by the applet court by separate suit by the suit a court which recorded the compromise degree high court there is a bar under section 96 of the CPC no appeal will lie against the compromise degree so applet court has no power there is a bar under order 21 rule 3A no separate suit will lie to set aside the compromise on the ground that it is not lawful so A and B is not the correct answer C by the court which recorded the compromise degree high court has no power so in order to set aside the compromise degree the party agreed must approach the court which causes the compromise degree to set aside the compromise degree on the ground of non-compliance of the terms of the compromise so answer is C is the correct answer okay the questions have been well noticed and your answers have been also well noticed we would say that those who have earlier missed the earlier 50 questions they can watch Mr. Shankar Murli's the previous session and these questions also we will be uploading on the website of beyond law as well as we will also share it on our whatsapp groups so do stay connected with us for better updates on legal knowledge and tomorrow friends we will be having a session on what does the legislation etc work upon we will be having Mr. Satyaan from Kerala judicial academy a former district and session judge so do stay connected with us tomorrow at 6 p.m. thank you everyone stay safe stay blessed and on behalf of Adilakshmi ma'am from the legal legal elite groups as well as beyond law CLC we thank Mr. Shankar Murli and to all those participants who have been connected with us or who will be connecting in future that this endeavor to share the knowledge will continue thank you and