Step 1: Understanding Section 16 of CPC.
Section 16 of the Civil Procedure Code (CPC) states that a suit relating to immovable property can be filed in a court whose local jurisdiction covers the location of the property or where the defendant voluntarily resides or carries on business.
Step 2: Explanation of Other Options.
- (a) This option is correct as per the CPC.
- (b) This option is also correct under the CPC.
- (d) "None of the above" is incorrect because both (a) and (b) are valid jurisdictions under Section 16.
Step 3: Conclusion.
Both the place where the property is situated and where the defendant resides or carries on business are valid jurisdictions under Section 16 of the CPC.
As per Section 11 of the Code of Civil Procedure, 1908 for \(\textit{Res Judicata}\) to be applicable on a subsequent suit, the former suit must satisfy the following conditions:
I. has been finally decided.
II. can only be instituted prior to the subsequent suit.
III. relates to the same matter directly and substantially in issue in the subsequent suit.
IV. is between the same parties, or between parties under whom they or any of them claim.
Select the correct answer.
As per the Code of Civil Procedure, 1908, a decree \(\textit{ex parte}\) can be set aside against a defendant if:
I. summons was not duly served.
II. defendant was prevented by sufficient cause from appearing when suit was called on.
III. there was irregularity in summons though defendant had notice of hearing date.
IV. without notice being served on the opposite party.
Select the correct answer.