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Judiciary Exams Exam  >  Judiciary Exams Tests  >  Civil Law for Judiciary Exams  >  Test: Order 9 Rule 4 CPC - Appearance of Parties and Consequence of Non-appearance - Judiciary Exams MCQ

Test: Order 9 Rule 4 CPC - Appearance of Parties and Consequence of Non-appearance - Judiciary Exams MCQ


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15 Questions MCQ Test Civil Law for Judiciary Exams - Test: Order 9 Rule 4 CPC - Appearance of Parties and Consequence of Non-appearance

Test: Order 9 Rule 4 CPC - Appearance of Parties and Consequence of Non-appearance for Judiciary Exams 2024 is part of Civil Law for Judiciary Exams preparation. The Test: Order 9 Rule 4 CPC - Appearance of Parties and Consequence of Non-appearance questions and answers have been prepared according to the Judiciary Exams exam syllabus.The Test: Order 9 Rule 4 CPC - Appearance of Parties and Consequence of Non-appearance MCQs are made for Judiciary Exams 2024 Exam. Find important definitions, questions, notes, meanings, examples, exercises, MCQs and online tests for Test: Order 9 Rule 4 CPC - Appearance of Parties and Consequence of Non-appearance below.
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Test: Order 9 Rule 4 CPC - Appearance of Parties and Consequence of Non-appearance - Question 1
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What consequence can occur if the plaintiff fails to pay the necessary court-fee or postal charges, or provide required copies of the plaint as per Rule 9 of Order VII in the Indian legal system?

Detailed Solution for Test: Order 9 Rule 4 CPC - Appearance of Parties and Consequence of Non-appearance - Question 1
In the Indian legal system, if the plaintiff fails to meet the financial obligations for serving the summons, such as paying the court-fee or postal charges, or providing copies of the plaint as required by Rule 9 of Order VII, the court has the authority to dismiss the suit. This ensures that necessary procedural requirements are met and underscores the importance of fulfilling financial obligations for the proper conduct of legal proceedings.
Test: Order 9 Rule 4 CPC - Appearance of Parties and Consequence of Non-appearance - Question 2
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What course of action does a plaintiff have if a suit is dismissed according to Rule 2 or Rule 3 in the Indian legal system?

Detailed Solution for Test: Order 9 Rule 4 CPC - Appearance of Parties and Consequence of Non-appearance - Question 2
In the Indian legal system, if a suit is dismissed according to Rule 2 or Rule 3, the plaintiff has two options: either file a new suit within the legal time limits or request the court to reinstate the dismissed suit. Filing a new suit within the specified time frame allows the plaintiff to pursue their legal claim through the initiation of a fresh legal action, adhering to the procedural requirements.
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Test: Order 9 Rule 4 CPC - Appearance of Parties and Consequence of Non-appearance - Question 3
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Under what circumstance can a court order the dismissal of a suit in the Indian legal system?

Detailed Solution for Test: Order 9 Rule 4 CPC - Appearance of Parties and Consequence of Non-appearance - Question 3
In the Indian legal system, a court can order the dismissal of a suit if neither party appears for the scheduled hearing. This rule underscores the principle that both parties are expected to participate in the legal proceedings, and the absence of either party can lead to the dismissal of the suit. It highlights the importance of active participation and presence in legal matters to ensure a fair and just resolution.
Test: Order 9 Rule 4 CPC - Appearance of Parties and Consequence of Non-appearance - Question 4
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What is the consequence if a plaintiff fails to request a new summons within seven days of an unserved summons being returned?
Detailed Solution for Test: Order 9 Rule 4 CPC - Appearance of Parties and Consequence of Non-appearance - Question 4
If a plaintiff fails to request a new summons within seven days of an unserved summons being returned, the court may dismiss the suit against that particular defendant. This rule is in place to ensure that plaintiffs are diligent in pursuing their legal claims within a reasonable timeframe.
Test: Order 9 Rule 4 CPC - Appearance of Parties and Consequence of Non-appearance - Question 5
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Under what circumstances can the court extend the time for serving the defendant?
Detailed Solution for Test: Order 9 Rule 4 CPC - Appearance of Parties and Consequence of Non-appearance - Question 5
The court can extend the time for serving the defendant in situations where the plaintiff has made every effort to locate the defendant's residence but has been unsuccessful. This provision allows for flexibility in cases where serving the defendant proves to be challenging despite the plaintiff's best efforts.
Test: Order 9 Rule 4 CPC - Appearance of Parties and Consequence of Non-appearance - Question 6
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In a scenario where the plaintiff is present at the scheduled hearing but the defendant is absent, and it is proven that the summons was correctly served, what action may the court take according to the provided rules?
Detailed Solution for Test: Order 9 Rule 4 CPC - Appearance of Parties and Consequence of Non-appearance - Question 6
When the plaintiff is present but the defendant is absent during the scheduled hearing, and it can be proven that the summons was correctly served, the court may decide to proceed with the case in the absence of the defendant. This course of action is typically taken to ensure that the legal proceedings continue despite the defendant's absence, provided that proper service of summons can be established.
Test: Order 9 Rule 4 CPC - Appearance of Parties and Consequence of Non-appearance - Question 7
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What is the consequence if the plaintiff is responsible for the failure in serving the summons promptly or correctly when the defendant is absent during a scheduled hearing?
Detailed Solution for Test: Order 9 Rule 4 CPC - Appearance of Parties and Consequence of Non-appearance - Question 7
If the failure in serving the summons promptly or correctly is due to the plaintiff's actions when the defendant is absent during a scheduled hearing, the court may require the plaintiff to bear the expenses incurred due to the postponement. This serves as a measure to hold the plaintiff accountable for any delays or errors in the legal process, emphasizing the importance of proper procedural conduct.
Test: Order 9 Rule 4 CPC - Appearance of Parties and Consequence of Non-appearance - Question 8
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What action can the court take in a situation where some plaintiffs are absent while others are present, according to Rule 10?
Detailed Solution for Test: Order 9 Rule 4 CPC - Appearance of Parties and Consequence of Non-appearance - Question 8
Rule 10 outlines that when there are multiple plaintiffs involved in a case and some are present while others are not, the court, upon the request of the appearing plaintiff(s), can allow the case to proceed as if all plaintiffs were present. This provision ensures that legal proceedings can continue smoothly even if not all plaintiffs are physically present.
Test: Order 9 Rule 4 CPC - Appearance of Parties and Consequence of Non-appearance - Question 9
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According to Rule 9, what happens when a suit is dismissed according to Rule 8?
Detailed Solution for Test: Order 9 Rule 4 CPC - Appearance of Parties and Consequence of Non-appearance - Question 9
Rule 9 states that when a suit is entirely or partially dismissed according to Rule 8, the plaintiff is barred from initiating a new suit on the same grounds. This rule prevents the plaintiff from continuously filing new suits on the same matter after a dismissal, ensuring a degree of finality in legal proceedings.
Test: Order 9 Rule 4 CPC - Appearance of Parties and Consequence of Non-appearance - Question 10
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When the defendant is present but the plaintiff is absent during a hearing, what action will the court typically take according to the rules outlined?
Detailed Solution for Test: Order 9 Rule 4 CPC - Appearance of Parties and Consequence of Non-appearance - Question 10
If the defendant is present but the plaintiff is absent when the case is called for a hearing, the court will typically dismiss the suit. However, if the defendant agrees to the claim, either in full or in part, the court may issue a decree based on the admission. This dismissal of the suit emphasizes the importance of both parties' presence in legal proceedings for a fair and balanced adjudication.
Test: Order 9 Rule 4 CPC - Appearance of Parties and Consequence of Non-appearance - Question 11
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In situations where there are multiple defendants and some are absent, what authority does the court have, according to Rule 11?
Detailed Solution for Test: Order 9 Rule 4 CPC - Appearance of Parties and Consequence of Non-appearance - Question 11
Rule 11 stipulates that in cases involving multiple defendants, if some are present while others are absent, the court will continue with the case. At the time of delivering the judgment, the court has the authority to make decisions regarding the absent defendants as it sees fit. This allows the court to address the situation appropriately and ensure a fair resolution for all parties involved.
Test: Order 9 Rule 4 CPC - Appearance of Parties and Consequence of Non-appearance - Question 12
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In a situation where a court passes a decree against a defendant without their presence (ex parte), what right does the defendant have according to the provided rule?
Detailed Solution for Test: Order 9 Rule 4 CPC - Appearance of Parties and Consequence of Non-appearance - Question 12
According to the rule discussed, when a court issues a decree against a defendant in their absence (ex parte), the defendant has the right to request the court to annul the decree. This right is based on the condition that the defendant can demonstrate to the court that they were not properly served with the summons or were unable to appear in court due to a valid reason. The court, upon being satisfied with the defendant's reasons, will set aside the decree with certain conditions and schedule a new date for the case to continue. This process ensures that defendants have the opportunity to present their case and defend their interests within the legal framework.
Test: Order 9 Rule 4 CPC - Appearance of Parties and Consequence of Non-appearance - Question 13
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If a decree cannot be annulled solely against the defendant due to its nature in a case where it was passed ex parte, what action may the court take according to the rule provided?
Detailed Solution for Test: Order 9 Rule 4 CPC - Appearance of Parties and Consequence of Non-appearance - Question 13
As per the rule outlined, if a decree cannot be annulled solely against the defendant because of its nature in a situation where it was passed ex parte, the court may also annul the decree against other defendants involved in the case. This provision ensures that the legal proceedings are fair and just not only for individual defendants but also for all parties involved in the case, maintaining the principle of equity and due process.
Test: Order 9 Rule 4 CPC - Appearance of Parties and Consequence of Non-appearance - Question 14
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What is the key requirement highlighted in Rule 14 regarding the setting aside of a decree according to the explanation provided?
Detailed Solution for Test: Order 9 Rule 4 CPC - Appearance of Parties and Consequence of Non-appearance - Question 14
Rule 14 emphasizes that no decree can be set aside without providing prior notice to the opposing party. This requirement ensures that all parties involved in the legal proceedings have the opportunity to be informed and respond to any potential changes or decisions affecting the case. By notifying the opposing party beforehand, the legal process maintains transparency, fairness, and the right of all parties to be heard, contributing to the integrity of the judicial system.
Test: Order 9 Rule 4 CPC - Appearance of Parties and Consequence of Non-appearance - Question 15
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What potential consequence could arise under Order IX, Rule 6 in a situation where Order IX, Rule 7 is not relevant, according to the details provided in the case of Arjun Singh v. Mohindra Kumar?
Detailed Solution for Test: Order 9 Rule 4 CPC - Appearance of Parties and Consequence of Non-appearance - Question 15
In situations where Order IX, Rule 7 is not applicable, as seen in the case of Arjun Singh v. Mohindra Kumar, the proceedings may proceed under Order IX, Rule 6. This could potentially lead to the issuance of an ex-parte decree under Rule 13, highlighting the significance of procedural rules in determining legal outcomes and ensuring fair representation in court proceedings.
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