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Discussion

Based on the statements and conclusions given below, select the correct option.

Statements:-
I. Section 16 of the Code of Civil Procedure,1909 talks about the Suits to be instituted where subject-matter situate.
II. Section 15 of the Code of Civil Procedure,1909 talks about the Every suit shall be instituted in the Court of the lowest grade competent to try it.

Conclusions:-
I. Presumption as to foreign judgments has been described in the Code of Civil Procedure,1909.
II. For foreclosure, sale or redemption in the case of a mortgage of or charge upon immovable property has been described in the Code of Civil Procedure,1909.

  • A.Only Conclusion I follows
  • B.Only Conclusion II follows
  • C.Both Conclusion I and Il follows
  • D.Neither I Nor II Conclusion follow

Answer: D

Neither conclusion follows. The statements concern Section 16, the suits relating to immovable property to be instituted where the subject matter is situated, and Section 15, which sets out the court of the lowest grade competent to try a suit.

Conclusion I is about the presumption as to foreign judgments, which is dealt with in Section 14, and Conclusion II is about suits for foreclosure, sale or redemption of mortgages, which is in Section 16(c). Neither is stated or implied by the two statements, so the keyed option is that neither follows.

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