Multiple Choice Questions on If the suit of the plaintiff is stayed discontinued or dismissed in a case in which the defendant se........... for Judicial Services Exam (JS) Preparation

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Multiple Choice Questions

If the suit of the plaintiff is stayed discontinued or dismissed in a case in which the defendant se...........

Civil Procedure Code (CPC) 1908 Plaint and Written Statement
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    If the suit of the plaintiff is stayed, discontinued or dismissed in a case in which the defendant sets up a counter claim -

    the counter claim may be proceeded with

    Correct Answer

    the counter claim may be suspended

    Incorrect Answer

    the counter claim may be dismissed 

    Incorrect Answer

    the counter claim may be taken up later alongwith the plaint

    Incorrect Answer
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    Explanation:

    Order 8 R 6D –

    ORDER VIII 1 [Written statement, set-off and counter-claim]

    6D. Effect of discontinuance of suit.— If in any case in which the defendant sets up a counterclaim, the suit of the plaintiff is stayed, discontinued or dismissed, the counter-claim may nevertheless be proceeded with.

    By: Parvesh Mehta
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