Where the summons to the defendant(s) is returned unserved and the plaintiff fails to apply for issuance of fresh summons to the defendant within 7 days of the return, the suit of the plaintiff is liable to be

Option A: Rejected under Order VII, Rule 11 of CPC

Option B: Dismissed under Order IX, Rule 2 of the CPC

Option C: Dismissed under Order IX, Rule 5

Option D: Either (A) or (B) or (C)

Correct Answer

Option: c

Explanation

Where after a summons has been issued to the defendant, or to one of several defendants, and returned unserved, the plaintiff fails, for a period of seven days from the date of the return made to the Court by the officer ordinarily certifying to the Court returns made by the serving officers, to apply for the issue of a fresh summons the Court shall make an order that the suit be dismissed

Sample Mock Tests for Practice

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THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 02 Q. NO. 41 TO 80)

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THE SPECIFIC RELIEF ACT, 1963 (PAPER – 05 Q. NO. 141 TO 175)

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THE CONSTITUTION OF INDIA, 1949 (PAPER – 10 Q. NO. 316 TO 350)

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 16 Q. NO. 601 TO 640)

THE CONSTITUTION OF INDIA, 1949 (PAPER – 18 Q. NO. 596 TO 623)

THE MADHYA PRASESH LAND REVENUE CODE, 1959 (PAPER 01 Q. NO. 1 TO 30)

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The Hindu Marriage Act, 1955 (Paper 01: Q. 1 to 25)

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THE HINDU SUCCESSION ACT, 1956 (PAPER 01 Q. NO. 1 TO 35)

THE INDIAN CONTRACT ACT, 1872 (PAPER – 16 Q. NO. 526 TO 560)

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 07 Q. NO. 241 TO 280)