All India Bar Examination (AIBE) 13-XIII Previous Year Question Papers with Answers

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64.

A suit may be dismissed under order IX

i) Where the summons is not served upon the defendant in consequence of the plaintiffs failure to pay costs for service of summons (Rule 2)
ii) Where neither the plaintiffs nor the defendant appears (Rule 2)
iii) Where plaintiffs, after summons returned unserved, fail for 7 days to apply for fresh summons (Rule 5)
iv) Where on the date fixed for hearing in a suit only defendant appears and he does not admit the plaintiffs claim (Rule 8)
A: I,II and III.
B: I,III and IV.
C: II, III and IV
D: All of the above.

The answer is: D