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Multiple Choice Questions

A owes B Rs 100 B sues A for the amount having made no demand for payment and having no reason to be...........

Civil Procedure Code (CPC) 1908 Institution of Suits

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A owes B Rs 100. B sues A for the amount, having made no demand for payment and having no reason to believe that the delay caused by making a demand would place him at a disadvantage. On the plaint being filed, A pays the money into Court. B accepts it in full satisfaction of his claim.

The Court should not allow him any costs

The litigation being presumably groundless on his part

both (A) and (B)

None of these

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Explanation:

- Option 1: The court should not allow him any costs.

- B pursued legal action without first demanding payment.

- The litigation might be seen as unnecessary.

- Option 2: The litigation being presumably groundless on his part.

- Since there was no prior demand and no disadvantage to delay, the lawsuit doesn't have a strong basis.

- It suggests that the case might not have been needed.

- Option 3: Both (A) and (B).

- Both options highlight reasons why the court may not award costs to B.

- The lawsuit appears unnecessary, and costs could be denied.

- Option 4: None of these.

- Suggests that neither reasoning applies, which seems unlikely given the situation.

Correct Answer: Option 3 - Both (A) and (B)

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