1.

Representative suit under Order I Rule 8 of CPC may be permitted by the Court
when-

(a) Numerous persons are parties in another Suit

(b) Numerous persons belong to the same family

(c) Numerous persons have the same interest in one suit

(d) None of the above

Answer- Option C

Explanation- The concept of a representative suit, as stated in Order I Rule 8 of the CPC,
allows for the filing of a single suit on behalf of other individuals who are interested in the
subject matter of the suit, and is therefore described as a rule of convenience set up to avoid
multiple proceedings.

All concerned and represented in the suit must have same interest in the suit. It is not
necessary that cause of action must be the same but their interest must be common or they
all must have a common grievance [Explanation to Rule 8].For example, in the case of T.N.
Housing Board v. T.N. Ganpathy, AIR 1990 SC 642, residential building was allotted to the
applicants belonging to low-income group. After settlement of price, excess demand was
made by the Board which was challenged by allottees. It was contended that such suit is not
maintainable as separate demands notice were issued against each of the allottees giving
arise to separate cause of action. However, the Supreme Court rejected the contention and
held that suit was maintainable.

Read with O7 R4 and O23 R 3B

2. Which one of the following is not required in filing a representative suit under Order
I Rule 8 of the CPC?

(a) Numerous parties

(b) Written permission of those who are being represented

(c) Same Interest

(d) Leave of the court

Answer- Option B

Explanation- The Supreme Court in Kalyan Singh v. Chhoti(1990) laid down the
prerequisite conditions in order to file a representative suit. These are:

● the parties must be numerous;

● they must have the same interest in the suit;
● permission or direction to file the representative suit must be given by the court;
● notice must be issued to the parties who are proposed to be represented by the suit.
3. On account of mis-joinder or non-joinder of parties, under Order 1 Rule 9 of CPC, the
suit-

(a) is liable to be dismissed

(b) cannot be dismissed

(c) may be dismissed or may not be dismissed as per discretion of the court

(d) none of the above

Answer- Option B

Explanation- Order 1, Rule 9 of the Code of Civil Procedure lays down that no suit shall
defeated by reason of the misjoinder or non-joinder of parties, and the court may in every
suit deal with the matters of controversy so far as the regards the rights and interests of the
parties actually before it,

Provided that nothing in this rule shall apply to non joinder of Necessary Party.

Globe Ground (India) Employees Union v. Lufthansa German Airlines, (2019) 15 SCC 273].
A necessary party is one against whom a relief is sought and in whose absence no decree or
effective order can be passed. A proper party is one in whose absence effective order can be
passed but whose presence is necessary for complete and final decision of the case
For example, in a partition suit, all sharers are necessary parties and in a suit for eviction of
a tenant, thesub-tenant would be proper party.
4. A necessary party is one whose

(a) absence no order can be made effectively

(b) absence an order can be made but whose presence is necessary for the complete
decision of the case

(c) only (b) is correct

(d) None of the above

Answer- Option A

Explanation- In case of Kasturi versus Iyyamperumal, AIR 2005 SC 2813 the two test
have been provided for determining the question whether a particular party is a
necessary party to the proceeding OR not:-

1. There must be right to some relief against such party in respect of the matter
involved in the proceeding in question; and

2. It should not be possible to pass an effective degree in the absence of such a party.
5. Order II Rule 2 of CPC does not apply to-

(a) application for execution

(b) writ petition

(c) both (a) and (b)

(d) none of the above

Answer- Option C

Explanation- In BRAHMA SINGH vs. UNION OF INDIA(2019) The Supreme Court has
reiterated that bar of Order II Rule 2 of the Civil Procedure Code may not apply to a
writ petition OR application for execution.
6. With regard to applicability of Order II Rule 2 of CPC choose the true statement
about propositions :

(i) The cause of action in the previous suit must be identical to the subsequent suit.

(ii) Relief sought in the subsequent suit could have been given in the previous suit.

(iii) If the omission as to relief in the previous suit was with/without leave of the court,
subsequent suit will be barred.

Assertion:
(a) (i) and (ii) are correct, (iii) is incorrect
(b) (ii) and (iii) are correct, (i) is incorrect
(c) (i) and (iii) are correct, (ii) is incorrect
Answer- Option A

Explanation- 2. SUIT TO INCLUDE THE WHOLE CLAIM.

(1) Every suit shall include the whole of the claim which the plaintiff is entitled to make in
respect of the cause of action; but a plaintiff may relinquish any portion of his claim in order
to bring the suit within the jurisdiction of any Court.

(2) Relinquishment of part of claim- Where a plaintiff omits to sue in respect of, or
intentionally relinquishes, any portion of his claim he shall not afterwards sue in respect of
the portion so omitted or relinquished.

(3) Omission to sue for one of several reliefs- A person entitled to more than one relief in
respect of the same cause of action may sue for all or any of such reliefs; but if he omits,
except with the leave of the Court, to sue for all such reliefs, he shall not afterwards sue for
any relief so omitted.
7. Which provision of the Code deals with joinder of cause of action-

(a) Order 2 Rule 3

(b) Order 2 Rule 2

(c) Order 2 Rule 1

(d) Order 2 Rule 1

Answer- Option A

Explanation- O-2 R 3. Joinder of causes of action. -

Cause of Action: One of the essential elements of a suit is 'cause of action' which is a
bundle of rights which the plaintiff seeks to prove in order to obtain judgment in his
favour. Rule 3 to 6 of Order 2 deals with joinder of cause of action in one suit in certain
circumstances where:
1. The cause of action arises from the same act or transaction, and
2. Common question of law or fact must have been involved.
8. Which of the following is not a ground for the court to order seprate trials under
Order II Rule 6 -

(a) Delay in the trial

(b) Embarrassment of the trial

(c) Incovenience

(d) None of the above

Answer- Option D

Explanation- 6. Power of Court to separate trials. - Where it appears to the Court that
the joinder of causes of action in one suit may embarrass or delay the trial or is
otherwise inconvenient, the Court may order separate trials or make such other order
as may be expedient in the interests of justice.
9. Under Order IV Rule 1, sub rule (1), a suit is instituted when-

(a) A copy of plaint is presented to the court

(b) A plaint in duplicate is presented to the court

(c) A plaint in triplicate is presented to the court

(d) The court taken the palint in consideration

Answer- Option B

Explanation- 1. Suit to be commenced by plaint. - (1) Every suit shall be instituted by

presenting a [plaint in duplicate to the Court] or such officer as it appoints in this behalf.
(2) Every plaint shall comply with the rules contained in Orders VI and VII, so far as they
are applicable.
[(3) The plaint shall not be deemed to be duly instituted unless it complies with the
requirements specified in sub rules (1) and (2).]

2. Register of suits. - The Court shall cause the particulars of every suit to be entered in a
book to be kept for the purposes and called the resister of civil suits. Such entries shall be
numbered in every year according to the order in which the plaints are admitted.
10. Where a suit has been duly instituted a summons may be issued to defendant to
appear and answer the claim and may be served on such day not beyond ____ from the
date of institution of suit.

(a) 20 days

(b) 30 days

(c) 60 days

(d) 10 days
Answer- Option B

Explanation- O-5 R1.- Summons.. - (1)When a suit has been duly instituted a summons
may be issued to the defendant to appear and answer the claim and to file the written
statement of his defence, if any, within thirty days from the date of service of summons
on that defendants:
Provided that no such summons shall be issued when the defendant has appeared at
the presentation of the plaint and admitted the plaintiff's claim :

Provided further that where a summons has been issued, the Court may direct the
defendant to file the written statement of his defence, if any, on the date of his
appearance and cause an entry to be made to that effect in the summons.
11. Where a service officer delivers or tenders a copy of the summon to the defendant
personally or to his agent, he must require such a person to sign an acknowledgement
of service to be endorsed on the original summon. Then:

(a) The copy of the summons will be delivered to the defendant.

(b) The original summons with the defendant’s signature thereon, will be returned to
the court.

(c) Both (a) and (b)

(d) The original summons with the defendant’s signature thereon, will be returned to
the plaintiff.
Answer- Option C

Explanation- Rule 16 Order V of Code of Civil Procedure 1908 "Person served to

sign acknowledgement"

Where the serving officer delivers or tenders a copy of the summons to the
defendant personally, or to an agent or other person on his behalf, he shall
require the signature of the person to whom the copy is so delivered or tendered
to an acknowledgement of service endorsed on the original summons.
13. “A bundle of facts which taken with the law applicable to them gives the palintiff
the right to relief against the defendant”. It is called as

(a) Plaint

(b) Written statement

(c) Cause of action

(d) None of the above

Answer- Option C

A cause of action may be defined as the fact or facts which entitles a party to seek
redress in a court of law. Every fact which is necessary to be proved, comprises in
'cause of action'. So, a suit may be filed at a place where cause of action wholly or
partly arises. In South East Asia Shipping Co. Ltd. v. Nav Bharat Enterprises Pvt. Ltd
and Ors. (1996) 3 SCR 405 Supreme Court observed that 'cause of action' consist of
bundle of facts which gives the cause to enforce the legal process in the court for
redressal. It is a bundle of material facts which the plaintiff must prove in order to
suceed.
14. Which one of the following is not a rule of pleading?

(a) Plead the fact and not the law

(b) State the law and plead the fact

(c) Plead material facts only

(d) Plead facts not evidence

Answer- Option B

Explanation- Four fundamental rules of pleading are; (1) Pleadings should state facts
and not law;
(2) The facts stated in pleadings should be material facts;
(3) Pleadings should not state the evidence; and
(4) The facts in pleadings should be stated in a concise form.
16. Under Order VI Rule 17, the court can allow or alter or amend the proceedings to

(a) either party

(b) to plaintiff only

(c) to defendant only

(d) to only one defendant, if there are more than one defendant
Answer- Option A

Explanation- Order 6 Rule 17

1. the Court may at any stage of the proceedings allow either party to alter or amend his
pleadings in such manner and on such terms as may be just, and all such amendments shall
be made as may be necessary for the purpose of determining the real questions in
controversy between the parties.

2. Provided that no application for amendment shall be allowed after the trial has
commenced, unless the court comes to the conclusion that in spite of due diligence, the
party could not have raised the matter before the commencement of trial.

Rules: It is necessary for determine the real question of controversy btw the parties. And it
will not cause injustice to the other party or cause such injury which cannot be compensated
by cost.
17. For the purpose of amendment of pleadings under Order VI Rule 17, the
commencement of trial takes place

(a) When the issues are framed

(b) When the affidavits in evidence are filed

(c) When the affidavits in evidence are tendered by the witness

(d) Once cross-examination begins

Answer- Option A

Explanation- In Kailash Nankhu case (2005) it was held by Supreme Court that after
examining the facts of the case and the legislative history of Order 6 Rule 17, the
appellant was “precluded by the proviso” to Order 6 Rule 17 from amending the
written statement.
However According to the Supreme Court, it had been held that “the trial is deemed to
commence when the issues are settled and the case is set down for recording
evidence”.
18. When the subject-matter of the suit is immovable property, the plaint shall contain

(a) A description of the property sufficient to identify it

(b) In case where the property can be identified by the boundaries or number in record
of settlement or survey, the plaint shall specify such boundaries or numbers

(c) The details of the owner of the property in question has to be mentioned in the
palint

(d) Both (a) and (b)

Answer- Option D

Explanation- Rule 3 Order VII of Code of Civil Procedure 1908 "Where the subject-
matter of the suit is immovable property"

Where the subject-matter of the suit is immovable property, the plaint shall contain a
description of the property sufficient to identify it, and, in case such property can be
identified by boundaries or numbers in a record of settlement or survey, the plaint
shall specify such boundaries or numbers.
19. A plaint is liable to be returned, when

(a) a palint is on insufficiently stamped paper

(b) plaint is not filed in duplicate

(c) relief is undervalued in the plaint

(d) plaint is filed in a court having jurisdiction

Answer- Option D

The provisions regarding the return of plaint are provided under the Order 7 Rules 10,
10A, 10B, CPC, 1908. The court, if it found that it does not have jurisdiction in the suit,
can return by an order that the plaint to be presented in the proper court. The defect of
jurisdiction can be of Territorial, Pecuniary or Subject matter.
20. A court can return the palint for presentation to the court in which the suit should
have been instituted?

(a) At the time of institution of the suit

(b) Before framing of issues

(c) Before the trial begins

(d) At any stage of the suit

Answer- Option D

Explanation- According to Order VII Rule 10, a Plaint can be returned to a court of
competent jurisdiction at any stage of the case if there is a defect in the jurisdiction.

The Supreme Court in ONGC Ltd. V Modern Construction & Company (hereinafter
referred to as “Modern Construction case”) held that when a plaint filed in a proper
court after getting back from the wrong court, it cannot be a continuation of the suit
and the suit must be considered to commence when a plaint is filed in the proper court.
21. Suit was filed on 20.11.2012 and it has been specifically pleaded that cause of action arose
on 06.10.2012. Defendant appeared and without filling written statement he filed an
application under Order 7 Rule 11, on the ground that suit is barred by limitation. State what
is the correct legeal position?

(a) Application under O-7 R-11 is not maintainable because written statement should be filed
firstly

(b) Plaint shall be rejected because suit is barred by Law of Limitation

(c) Dismissal of application will be proper. Objection could not be decided without recording
evidence of parties

(d) Application should be allowed because plaint does not disclose correct cause of action
Answer- Option C

O7 R11 (d): where the suit appears from the statement in the plaint to be barred by any
law.
22. On rejection of plaint under provision of Order 7 Rule 11, presenting of a fresh
plaint in respect of the same cause of action, is:

(a) Barred by principle of Res Judicata

(b) On its own force, does not preclude the plaintiff from presenting a fresh plaint

(c) Barred under Order XXIII

(d) None of the above

Answer- Option B

Explanation- The rejection of plaint brings an end to the suit. It is pertinent to note
that the rejection of plaint is a deemed decree under Section 2(2) of the Code. The
effect, therefore, is that the same can be appealed under Section 96, CPC.

Moreover, OVII R13 provides that rejection of the plaint on any of the grounds
mentioned in rule 11 shall not of its own force preclude the plaintiff from presenting a
fresh plaint in respect of the same cause of action. In other words, rejection of plaint
doesn't bar a fresh suit on the same ground.
23. A party may approach the court for an amendment of his opponent’s pleading. Also
known as ‘compulsory amendment’, it is provided under:

(a) Order VI Rule 14

(b) Order VI Rule 18

(c) Order VI Rule 16

(d) Order VI Rule 17

Answer- Option C

Explanation- Order VI Rule 16 CPC permits the court, at any stage of the proceedings,
to strike out any matter in the pleading which may be unnecessary, scandalous,
frivolous, vexatious or prejudicial or otherwise appears to be an abuse of the process of
the court.”
24. When a plaintiff sues upon a document in his power or possession, he must
produce it or a copy thereof

(a) along with the plaint

(b) at the time of giving evidence

(c) at the time of framing of issues

(d) when ordered by the court

Answer- Option A

Explanation- Rule 14 Order VII of Code of Civil Procedure 1908 "Production of

document on which plaintiff sues"

(1) Where a plaintiff sues upon a document in his possession or power, he shall
produce it in Court when the plaint is presented, and shall at the same time deliver the
document or a copy thereof to be filed with the plaint.

(2) List of other documents -Where he relies on any other documents (whether in his
possession or power or not) as evidence in support of his claim, he shall enter such
documents in a list to be added or annexed to the plaint.
25. Time limit for filing a written statement is 30 days which may be extended up to 90
days shall be counted from-

(a) Date of filing of the suit

(b) Date of first hearing fixed by the court

(c) Date of service of summon on the defendant

(d) None of the above

Answer- Option C

Explanation- Order VIII Rule 1 of Code of Civil Procedure provides that the Defendant
shall, within thirty days from the date of service of summons on him, present a written
statement of his defence: Provided that where the defendant fails to file the written
statement within the said period of thirty days, he shall be allowed to file the same on
such other day, as may be specified by the Court, for reasons to be recorded in writing,
but which shall not be later than ninety days from the date of service of summons.
Supreme Court in Kailash v. Nankhu, AIR 2005 SC 2441 held that outer time limit of 90
days for filing the written statement is not mandatory. Court held that though the
provision is couched in a negative language, it is directory and not mandatory.

Extension of time beyond 90 days: In Salem Bar Association (2) v. Union of India,
(2005) 6SCC 344 Supreme Court held that according to Order 8 Rule 10 when the party
fails to file written statement under Rule 1 or 9 the court is empowered to pronounce
judgment or 'make such other order' as it thinks fit. Hence, the court has been given
discretion to pronounce judgment or 'make such other order. Therefore, the Supreme
Court held that court is empowered under Order 8 Rule 10 to allow the defendant to
file written statement even after the expiry of 90 days. Such power can only be used in
exceptional circumstances and routine orders cannot be passed.
26. The provision of specific denial is provided:

(a) In rule 2 & 4 of Order 8

(b) In rule 1 & 6 of Oder 8

(c) In rule 3 & 5 of Order 8

(d) In rule 7 & 9 of Order 8

Answer- Option C

Explanation- Order VIII Rule 3. Denial to be specific.

It shall not be sufficient for a defendant in his written statement to deny generally the grounds alleged by the
plaintiff, but the defendant must deal specifically with each allegation of fact of which he does not admit the
truth, except damages.

Order VIII Rule 5- Specific denial.

(1) Every allegation of fact in the plaint, if not denied specifically or by necessary implication, or stated to be not
admitted in the pleading of the defendant, shall be taken to be admitted except as against a person under
disability:
Provided that the Court may in it discretion require any fact so admitted to be proved otherwise than by such
admission.
(2) Where the defendant has not filed a pleading, it shall be lawful for the Court to pronounce judgment on the
basis of the facts contained in the plaint, except as against a person under a disability, but the Court may, in its
discretion, require any such fact to be proved.
(3) In exercising its discretion under the proviso to sub-rule (1) or under sub-rule (2), the Court shall have due
regard to the fact whether the defendant could have, or has, engaged a pleader.
(4) Whenever a judgment is pronounced under this rule, a decree shall be drawn up in accordance with such
judgment and such decree shall bear the date on which the judgment was pronounced.
27. A sues B on a bill of exchaange for Rs 500. B holds a judgement against A for Rs
1000. The two claims being both definite pecuniary demands may be set off, the
illustration is given in:

(a) Order VIII Rule5 CPC

(b) Order VIII Rule 6 CPC

(c) Order VIII Rule 7 CPC

(d) None of the above

Answer- Option B

Explanation- 6. Particulars of set-off to be given in written statement.

(1) Where in a suit for the recovery of money the defendant claims to set-off against the plaintiff’s
demand any ascertained sum of money legally recoverable by him from the plaintiff, not
exceeding the pecuniary limits of the jurisdiction of the Court, and both parties fill the same
character as they fill in the plaintiff’s suit, the defendant may, at the first hearing of the suit, but
not afterwards unless permitted by the Court, presents a written statement containing the
particulars of the debt sought to be set-off.
(2) Effect of set-off- The written statement shall have the same effect as a plaint in a cross-suit so
as to enable the Court to pronounce a final judgment in respect both of the original claim and of
the set-off : but this shall not affect the lien, upon the amount decreed, of any pleader in respect of
the costs payable to him under the decree.
(3) The rules relating to a written statement by a defendant apply to a written statement in
answer to a claim of set-off.
28. Under Order 8 Rule 1A, if a document is not filed along with the pleadings, such
document shall not without the leave of the court, be allowed to received in evidence:

(a) On behalf of the defendant

(b) On behalf of either parties

(c) On behalf of plaintiff

(d) None of the above

Answer- Option A

Explanation- As per Order VIII Rule 1A, where the defendant bases his defence upon a
document or relies upon any document in his possession or power, in support of his
defence or claim for set-off or counterclaim, he shall enter such document in a list, and
shall produce it in Court when the written statement is presented by him and shall, at
the same time, deliver the document and a copy thereof, to be filed with the written
statement. The Sub Rule (3) provides that a document which ought to be produced in
Court by the defendant under this rule, but, is not so produced shall not, without the
leave of the Court, be received in evidence on his behalf at the hearing of the suit.
29. Provision relating to Counter-claim is prescribed under _____ of CPC?

(a) Order VII Rule 6

(b) Order VII Rule 6A

(c) Order VIII Rule 6

(d) Orde VIII Rule 6A

Answer- Option D

Explanation- 6A. Counter-claim by defendant.

(1) A defendant in a suit may, in addition to his right of pleading a set-off under rule 6, set up, by way of counter-claim
against the claim of the plaintiff, any right or claim in respect of a cause of action accruing to the defendant against the
plaintiff either before or after the filing of the suit but before the defendant has delivered his defence or before the time
limited for delivering his defence has expired. whether such counter-claim is in the nature of a claim for damages or
not:
Provided that such counter-claim shall not exceed the pecuniary limits of the jurisdiction of the Court.

(2) Such counter-claim shall have the same effect as a cross-suit so as to enable the Court to pronounce a final judgment
in the same suit, both on the original claim and on the counter-claim.

(3) The plaintiff shall be at liberty to file a written statement in answer to the counter-claim of the defendant within
such period as may be fixed by the Court.

(4) The counter-claim shall be treated as a plaint and governed by the rules applicable to plaints.
30. When any party from whom a written statement is required fails to produce the
same within a fixed time before the court,

(a) None of these

(b) The court may pronounce judgement

(c) The court may make any order regarding the suit.

(d) Both. The court may pronounce judgement and The court make any order
regarding the suit
Answer- Option D

Explanation- Order 8 Rule 10

“ Where any party from whom a written statement is required under Rule 1 or Rule 9
fails to present the same within the time permitted or fixed by the court, as the case
may be, the court shall pronounce judgment against him, or make such order in
relation to the suit as it thinks fit, and on the pronouncement of such judgment, a
decree shall be drawn up.”
31. What the court can do when the neither party appear when it is called for hearing?

(a) Ex parte order

(b) Refer for arbitration

(c) Refer to conciliation

(d) Dismissal of suit

Answer- Option D

Explanation- Order IX Rule 3. Where neither party appears, suit to be dismissed. -

Where neither party appears when the suit is called on for hearing, the Court may
make an order that the suit be dismissed.
32. Which of the following deals with service of process on pleader in the Code of Civil
Procedure

(a) Order III Rule 5

(b) Order III Rule 3

(c) Order III Rule 2

(d) Order III Rule 8

Answer- Option A

Explanation- Rule 5 Order III of Code of Civil Procedure 1908 "Service of process on
pleader"

Any process served on the pleader who has been duly appointed to act in Court for any
party] or left at the office or ordinary residence of such pleader, and whether the same
is for the personal appearance of the party or not, shall be presumed to be duly
communicated and made known to the party whom the pleader represents, and, unless
the Court otherwise directs, shall be as effectual for all purposes as if same had been
given to or served on the party in person.
33. When the defendant is proceeded ex-parte after filing written statement:

(a) The defendant cannot participate in future proceedings

(b) The defendant can participate in future proceedings

(c) The defendant to participate in future proceedings must ask for setting aside of the
ex parte decree

(d) The plaintiff has option to allow the defendant to participate

Answer- Option B

Explanation- In State of Orissa & Anr. v. Smt. Sitanjali Jena, (2016) 121 CLT 492,

it was held that “ "…when an ex parte decree is set aside and the suit is restored to file,
the defendants cannot be relegated back to the position prior to the date of hearing of
the suit. He would be debarred from filing any written statement in the suit, but then
he can participate in the hearing of the suit inasmuch cross-examine the witness of the
plaintiff, adduce evidence and address argument."
34. When an appeal against a decree passed ex parte has been disposed of on ground
other than withdrawl by the appeallant, then application for setting aside exparte
decree is-

(a) Infructuous

(b) Maintainable

(c) Not Manitainable

(d) Liable to be accepted

Answer- Option C

Explanation- In Rani Choudhury v. Suraj Jit Choudhury (1982) the Apex Court
considering the effect of the explanation to Rule 9 to Order 13 C.P.C. held that when an
appeal is filed against ex parte decree, and when the said appeal has been disposed of
on any other ground, except on the ground the appellant has withdrawn the appeal, no
application under Rule 13 of Order 9 is maintainable.
35. The object of oral examination under Order 10 Rule 2 of CPC is-

(a) To elucidate the matter in controoversy

(b) To record evidence

(c) To secure admission

(d) None of these

Answer- Option A

Explanation- 2. Oral examination of party, or companion of party. - (1) At the first hearing of the
suit, the Court-
(a) shall, with a view to elucidating matters in controversy in the suit examine orally such of the
parties to the suit appearing in person or present in Court, as it deems fit; and

(b) may orally examine any person, able to answer any material question relating to the suit, by
whom any party appearing in person or present in Court or his pleader is accompanied.

(2) At any subsequent hearing, the Court may orally examine any party appearing in person or
present in Court, or any person, able to answer any material question relating to the suit, by
whom such party or his pleader is accompanied.
(3) The Court may, if it thinks fit, put in the course of an examination under this rule questions
suggested by either party.