2000+ CPC MCQs for All State Judiciary Exams

 


Ordinarily an amendment of pleading in a suit may be carried out by the contesting parties under Order VI Rule 17 of the Code of Civil Procedure 1908.The court may allow the amendment:

  1. In case the changes carried out in the pleading do not change the relief claimed for.

  2. At any stage of the suit.

  3. Without imposing costs.

  4. Of an application filed for interim relief.

Select the correct answer:

  1. 1 and 2

  2. 2 and 3

  3. 3 and 4

  4. 1 only


Answer: Option B


  2. Under Order 8 Rule 6 Code of Civil Procedure set-off may be permitted if-

  1. The suit is for recovery of property

  2. Set-off claimed by the defendant is ascertained sum of money

  3. Value of property recoverable is less than rupees two lacs

  4. Defendant presents a written statement of the suit


Answer: Option B


  3. On rejection of a suit under Order VII, Rule 11 of Code of Civil Procedure, a fresh suit on the same cause of action under Order VII, Rule 13 of Code of Civil Procedure

  1. Is barred under all circumstances

  2. Is not barred at all

  3. Can be filed with the leave of the court

  4. Either B or C


Answer: Option B


  4. Mesne profits as defined under section 2(12) Code of Civil Procedure means those profits which the person in wrongful possession of

  1. Such property actually received or might have received together with interest

  2. Property actually received including profits due to improvements made by such person

  3. Such property actually received or might have received but without any interest on such profits

  4. Such property actually received


Answer: Option A


  5. A' granted an injunction restraining 'B' from use of a trade mark. 'A' alleged that 'B' had willfully disobeyed the injunction order. 'B' pleaded that he had no knowledge of the injunction order. Evidence was non conclusive.

The Court shall order

  1. Property to 'B' to be attached

  2. 'B' to be detained in civil prison

  3. 'B' to compensate 'A' by damages

  4. None of these


Answer: Option D


  6.

Under Order XVIII, Rule 4(4) of Code of Civil Procedure, the objection raised during the recording of evidence by the Commissioner

  1. Shall be recorded by him and decided by him

  2. Shall be recorded by him and decided by the court at the stage of arguments

  3. Shall be recorded by him and referred to the court immediately for deciding further with the recording of evidence

  4. Shall be recorded by him and decided by him in consultation with the court


Answer: Option B


  7. In which of the following cases cross- objections as between co-respondents can be permitted?

  1. The appeal as regards certain parties cannot be disposed of without determining the question between co- respondents

  2. Where the objections are common as against the appellant and co- respondent

  3. Both A and B

  4. None of these


Answer: Option C


  8. The property which is not liable to attachment and sale in execution of decree:

  1. Government securities

  2. Promissory Note

  3. Books of Account

  4. Bond


Answer: Option C


  9.

Order 5, Rule 26 provides for summons to be served:

  1. By sending it to the political agent appointed by the Central Government in exercise of its foreign jurisdiction

  2. Through a court established or continued with power to serve a summon issued under the code

  3. Through a court declared by the notification issued by the Central Government, situated in such foreign territory to be one service by which would be deemed to be valid, where there is no such court

  4. All of these


Answer: Option D


  10.

The court ordered for the attachment of agricultural produce. The judgment debtor continued the acts of husbandry, such as, cutting, gathering and storing the produce. Is this proper?

  1. Yes

  2. No

  3. Judgment debtor will be allowed to cut and gather but not store the agricultural produce

  4. None of the above


Answer: Option A


In which of the following cases it was held that "The second appeal is permissible only if finding is perverse"?

  1. Dinesh Kumar v. Yusuf Ali, AIR 2010 SC 2679

  2. State v. M. L. Keshari, AIR 2010 SC 2587

  3. Bimlesh v. New India Assuarance Co. Lid., AIR 2010 SC 2591

  4. Dasrath v. State of Madhya Pradesh, AIR 2010 SC 2592


Answer: Option A


  12.

In a civil suit, the issues are framed by the

  1. Parties

  2. Advocates of the parties

  3. Representatives of the parties

  4. Court


Answer: Option D


  13.

Costs for causing delay has been provided under

  1. Section 35A of Code of Civil Procedure

  2. Section 35B of Code of Civil Procedure

  3. Section 36 of Code of Civil Procedure

  4. Section 35 of Code of Civil Procedure


Answer: Option B


  14.

Court of small causes, under section 3 of Code of Civil Procedure is subordinate to

  1. District Court

  2. High Court

  3. Both A and B

  4. Neither A nor B


Answer: Option C


  15.

Which of the following deals with the power of Supreme Court to transfer

suits, etc. in the Code of Civil Procedure?

  1. Section 18

  2. Section 20

  3. Section 25

  4. Section 28


Answer: Option C


  16.

Revisional jurisdiction of the High Court arises when the subordinate court:

  1. Exercised a jurisdiction not vested in it by law

  2. Failed to exercise a jurisdiction vested in it by law

  3. Acted in the exercise of its jurisdiction illegally

  4. All the above


Answer: Option D


  17.

Legal representative under Section 2(11) of Code of Civil Procedure means a person who is a

  1. Relative of parties to the suit

  2. Co-sharer of the benefits assuming to the parties to the suit

  3. Who in law represents the estate of the deceased

  4. None of the above


Answer: Option C


  18.

Which provision of the Code deals with joinder of causes of action:

  1. Order 2 Rule 3

  2. Order 2 Rule 2

  3. Order 2 Rule 1

  4. Order 1 Rule 2

Answer: Option A


  19.

A preliminary decree:

  1. Determines the rights of the parties with regard to some or one of the matters in controversy in the suit but does not completely dispose of the suit

  2. Is a stage in working out the rights of the parties which are to be finally adjudicated by a final decree

  3. Both A and B

  4. Neither A nor B


Answer: Option C


  20.

Where any period is fixed or granted by the Court for doing an act prescribed by the Code of Civil Procedure, the Court may enlarge such period

  1. Not exceeding 90 days in total

  2. Not exceeding 30 days in total

  3. Not exceeding 60 days in total

  4. Not exceeding 120 days in total


Answer: Option B


The word 'restitution' used in section 144 of the Code of Civil Procedure means:

  1. Restoring to a party, on the variation or reversal of a decree, what has been lost to him in execution of the decree though not through proceedings under it

  2. Restoring to a party, on the variation or reversal of a decree, what has been lost to him directly in consequence of that decree though not through proceedings under it

  3. Both A and B

  4. None of these

Answer: Option C


  22.

Under section 100 of Code of Civil Procedure, a second appeal can be

  1. Partly admitted and partly rejected

  2. Admitted in its entirety

  3. Rejected in totality

  4. Either B or C


Answer: Option D


  23.

Under which of the following provision of Code of Civil Procedure, 1908, a Court may permit the plaintiff to effect service of summons by hand upon defendant personally:

  1. Order V Rule 3A

  2. Order V Rule 7

  3. Order V Rule 9A

  4. Order V Rule 19A

  5. None of the above


Answer: Option C


  24.

The power under section 152 Code of Civil Procedure can be exercised

  1. On the application moved by any party

  2. Suo motu

  3. Either A or B

  4. Only A and not B


Answer: Option C


  25.

A lets a house to B at a yearly rent of Rs. 10,000. The rent for the whole of the years 2006 to 2008 is due and

unpaid. A sues B in 2009 only for the rent due for 2007.

  1. A can afterwards sue B for the rent due for 2006 only

  2. A can afterwards sue B for the rent due for 2008 only

  3. A can afterwards sue B for the rent due both for 2006 and 200B

  4. A cannot afterwards sue B for the rent due for 2006 or 200B

  5. None of these


Answer: Option D


  26.

Court fee on a plaint can be permitted to be paid on a subsequent date

  1. Under section 148 of Code of Civil Procedure

  2. Under section 149 of Code of Civil Procedure

  3. Under section 151 of Code of Civil Procedure

  4. Under section 153 of Code of Civil Procedure


Answer: Option B


  27.

Pauper appeals have been provided

  1. Under Order XLII of Code of Civil Procedure

  2. Under Order XLIII of Code of Civil Procedure

  3. Under Order XLIV of Code of Civil Procedure

  4. Under Order XLV of Code of Civil Procedure


Answer: Option C


  28.

In which of the following, it has been provided that unauthorized person shall not address the Court:

  1. Section 8 of Limitation Act, 1963

  2. Section 119 of Code of Civil Procedure, 1908

  3. Section 444 of Code of Criminal Procedure, 1973

  4. None of the above


Answer: Option B


  29.

In a suit for possession by the landlord against his tenant, a sub-tenant is a

  1. Necessary party

  2. Proper party

  3. Both A and B

  4. None of the above


Answer: Option B


  30.

In a case of breach of terms on which injunction was granted under Civil Procedure Code, 1908 the court may pass an order of

  1. Attachment and sale of property

  2. Attachment of property and detention in civil prison

  3. Arrest and detention in civil prison for 3 months

  4. A and C both


Answer: Option B


At the stage of evidence counsel of plaintiff filed an application for adjournment which was rejected and suit was, dismissed for want of evidence. Plaintiff has a remedy to file

  1. Fresh suit

  2. First Appeal

  3. Application under Order 9, Rule 9 Code of Civil Procedure

  4. Revision


Answer: Option C


  32.

Under which one of the following provisions of Civil Procedure Code, a collector may be appointed 'receiver'?

  1. Order 40, Rule 1

  2. Order 40, Rule 2

  3. Order 40, Rule 3

  4. Order 40, Rule 5


Answer: Option D


  33.

Suit in respect of immoveable property, where the entire relief sought can be obtained through the personal obedience of the defendant, can be instituted in a court within whose local jurisdiction

  1. The property is situate

  2. The defendant voluntarily resides or carries on business

  3. The defendant voluntarily resides or personally works for gain

  4. All the above


Answer: Option D


  34.

Issues can be altered

  1. Under Order XIV, Rule 2(2) of Code of Civil Procedure

  2. Under Order XIV, Rule 3 of Code of Civil Procedure

  3. Under Order XIV, Rule 5 of Code of Civil Procedure

  4. Under Order XIV, Rule 6 of Code of Civil Procedure

Answer: Option C


  35.

Following is not a 'Public Officer'-

  1. Every Judge

  2. Every member of All India Service

  3. Every officer in pay of Government

  4. Every gazette officer in military not under the government service


Answer: Option D


  36.

Under section 58 of Code of Civil Procedure, a person detained shall be released from the detention on the amount mentioned in the warrant of his detention being paid to;

  1. The officer appointed by the court

  2. The court

  3. The officer in charge of the civil prison

  4. None of the above


Answer: Option C


  37.

Order 21 Code of Civil Procedure dealing with execution of decrees and orders contains:

  1. 100 Rules

  2. 102 Rules

  3. 103 Rules

  4. 106 Rules


Answer: Option D


  38.

Parties must file the list of witnesses within

  1. 10 days of framing of issues

  2. 15 days of framing of issues

  3. 30 days of framing of issues

  4. 60 days of framing of issues


Answer: Option B


  39.

A suit for compensation for wrong done to the person or to movable property, where the wrong was done within the local jurisdiction of one court and the defendant resides within the local limits of another court-

  1. Can be instituted in the court within whose local jurisdiction the wrong has been committed

  2. Can be instituted in the court within whose local jurisdiction the defendant resides

  3. Either A or B at the opinion of the plaintiff

  4. Can be instituted anywhere in India


Answer: Option C


  40.

Period of detention in civil imprisonment under Order XXXIX, Rule 2A of Code of Civil Procedure shall not

  1. Exceed six months

  2. Exceed three months

  3. Exceed two months

  4. Exceed one month


Answer: Option B


Documents which are meant for cross- examining a witness of the other party or meant for refreshing the memory of the witness, may be produced

  1. At or before the settlement of issues

  2. After the settlement of issues

  3. At the time when they are required

  4. None of the above


Answer: Option C


  42.

The date of decree is the date on which

  1. The date the decree is pronounced

  2. The date it is written

  3. The day it pronounced but not written or signed

  4. The day it pronounced and signed by the judge


Answer: Option A


  43.

Which of the following statements is correct?

  1. Where on the death of a defendant the right to sue survive against the other surviving defendant alone, the case may proceed against the surviving defendant

  2. Where on the death of a defendant the right to sue does not survive against the other surviving defendant alone, the case shall abate against the deceased defendant if no application is made within the time limited by law for the legal representative of the deceased defendant to be made a party

  3. There shall be no abatement by reason of death of either party between the conclusion of the hearing and the pronouncing of the judgment

  4. All these


Answer: Option D


  44.

A petition for review of judgement would lie only when-

  1. The person partly obeyed the judgement

  2. Deposits entire decretal amount

  3. An appeal is allowed by Code of Civil Procedure but no appeal has been preferred

  4. Leave of the Court is obtained for filing review


Answer: Option C


  45.

Under Order VII, Rule 14 of Code of Civil Procedure, the documents

  1. Must be filed alongwith the plaint

  2. Can be filed at the time of framing of issues

  3. Can be filed at any time after the framing of issue

  4. During the evidence


Answer: Option A


  46.

Every suit by a minor shall be instituted in the name of

  1. The minor

  2. The guardian of the minor

  3. The next friend of the minor

  4. Both B and C


Answer: Option A


  47.

Ram was dispossessed from his house by Shyam for a year. Ram files a suit for possession against Shyam but did not included claim for for damages in it. For claiming damages Ram:

  1. Could file a new suit

  2. Could not file a new suit

  3. Could file a new suit with permission of the court

  4. None of the above


Answer: Option B


  48.

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

  1. Rejected under Order VII, Rule 11 of Code of Civil Procedure

  2. Dismissed under Order IX, Rule 2 of Code of Civil Procedure

  3. Dismissed under Order IX, Rule 5 of Code of Civil Procedure

  4. Either A or B or C


Answer: Option C


  49.

Which of the following properties of the judgment debtor would be liable to attachment and sale in execution of decree?

  1. Books of account

  2. Shares in a corporation

  3. Personal ornaments

  4. Tools of artisans


Answer: Option B


  50.

Is it possible to attach a mortgage decree under Order 21, Rule 53?

  1. Yes

  2. No

  3. Order 21 Rule 53 pertains to garnishee

  4. None of the above


Answer: Option A


Suit was filed on 20th November 2012 and it has been specifically pleaded that cause of action arose on

06th October 2012. Defendant appeared and without filing written statement he filed an application under Order 7 Rule 11 Code of Civil Procedure on the ground that suit is barred by Limitation. State what is the correct legal position?

  1. Application under Order 7 Rule 11 Code of Civil Procedure is not maintainable because written statement should be filed firstly

  2. Plaint shall be rejected because suit is barred by Law of Limitation

  3. Dismissed of application will be proper. Objection could not be decided without recording evidence of parties

  4. Application should be allowed because plaint does not disclose correct cause of action


Answer: Option C


  52.

Right to lodge a caveat under the Code of Civil Procedure, 1908 has been inserted in

  1. Section 138

  2. Section 128

  3. Section 158

  4. Section 148A


Answer: Option D


  53.

Application under Order 9, Rule 7 of Code of Civil Procedure to set aside the order of ex parte proceeding may be filed

  1. Within 30 days

  2. Within 60 days

  3. Within 90 days

  4. At or before the date fixed for hearing


Answer: Option D


  54.

The term "prescribed" under Section 2(16) of Civil Procedure Code, 1908 means

  1. Prescribed by court

  2. Prescribed by society

  3. Prescribed by rules

  4. None of the above


Answer: Option C


  55.

Under Order XXXII, Rule 9 of the Code of Civil Procedure, a next friend of a minor can be removed:

  1. If he ceases to reside in India during the pendency of the suit

  2. Where has interest becomes adverse to that of the minor

  3. Where he does not do his duty

  4. For any of the above reasons


Answer: Option D


  56.

An order of stay under Section 10 of the Code of Civil Procedure occurred. Then the court appointed a receiver after the stay of suit. Is it proper?

  1. Yes

  2. No

  3. Section 10 of the Code of Civil Procedure provides for the foreign judgment

  4. None of the above


Answer: Option A


  57.

Which of the following deals with enforcement of liability of surety in the Code of Civil Procedure?

  1. Section 145

  2. Section 103

  3. Section 148

  4. Section 153


Answer: Option A


  58.

The cross-examination of a witness in attendance whose Examination-in- Chief has been furnished by affidavit, under Order XVIII, Rule 4(2) of Code of Civil Procedure shall be taken

  1. By the court

  2. By the Commissioner appointed by the court

  3. Either A or B

  4. Only A and not B


Answer: Option C


  59.

Which of the following deals with powers of Appellate Court in the Code of Civil Procedure?

  1. Section 111

  2. Section 103

  3. Section 108

  4. Section 107


Answer: Option D


  60.

In the Code of Civil Procedure, a Civil Court can direct attachment before judgment in respect of any property, in a proceeding pending before it, in accordance with the provisions which are contained in;

  1. Order XXXVII

  2. Order XXXVIII

  3. Order XXXIX

  4. Order LX


Answer: Option B


The essential elements of a decree:

  1. These must be an adjudication

  2. The determination must be of a conclusive nature

  3. The adjudication must have been done in a suit

  4. All of the above


Answer: Option D


  62.

Order VIII Rule 1 of the Code of Civil Procedure mandates that the defendant shall file the written statement of his defence within:

  1. 60 days from the date of service of summons

  2. 90 days from the date of service of summons

  3. 30 days from the date of service of summons

  4. 10 days from the date of service of summons


Answer: Option C


  63.

After the passing of a decree for payment of money, on the application of the Judgment debtor, Court shall not order that payment of the amount of decree shall be made by instalments-

  1. Without recording evidence of both parties

  2. Without obtaining affidavits from both parties

  3. Without obtaining the documents regarding the financial condition of the Judgment-debtor

  4. Without the consent of decree- holder


Answer: Option D


  64.

In execution of decree against legal representatives, the liability of the legal representative under section 50 of Code of Civil Procedure

  1. Is limited to the extent of the property of the deceased inherited by him

  2. Is not limited to the extent of the property inherited but extends to his personal property

  3. Extends to his personal property in cases where he has not inherited anything

  4. Either B or C


Answer: Option A


  65.

Plaintiff may bring fresh suitor Court may restore suit to file under which of the following in the Code of Civil Procedure?

  1. Order 5, Rule 30

  2. Order 9, Rule 4

  3. Order 6, Rule 10

  4. Order 10, Rule 22


Answer: Option B


  66.

Essential condition provided under section 100(1) of Code of Civil Procedure for preferring second appeal is

  1. Substantial question of fact

  2. Substantial question of law

  3. Error regarding jurisdiction

  4. Subject matter of public importance


Answer: Option B


  67.

While considering whether an amendment is to be granted or not

  1. The court does not go into the merits of the matter and decides whether or not the claim made therein is bona fide or not

  2. The court goes into the merits of the matter and decides . . . . . . . .

  3. The court may not go into the merits of the matter and decide . . . . . . . .

  4. The court may not go into the merits of the matter and decide . . . . . . . .


Answer: Option A


  68.

Under the provision of Civil Procedure Code plea of adverse possession is a defence available

  1. Only to plaintiff against defendant

  2. Only to defendant against plaintiff

  3. Both plaintiff and defendant

  4. Only to movable property

  5. Only immovable property


Answer: Option B


  69.

A judgment-debtor is arrested in execution of a decree for the payment of money and the Judgment-debtor pays the amount of the decree and the costs of the arrest to the officer arresting him, such officer-

  1. Shall send the judgment-debtor to civil prison

  2. Shall take judgment-debtor to the court

  3. Shall at once release him

  4. Shall release him after taking security from him


Answer: Option C


  70.

A suit in respect of public charities is provided under

  1. Section 92 of Code of Civil Procedure

  2. Section 41 of Code of Civil Procedure

  3. Section 100 of Code of Civil Procedure

  4. Section 105 of Code of Civil Procedure


Answer: Option A


The Sections in the Code of Civil Procedure

  1. Can be amended by the Parliament

  2. Can be amended by a High Court or the State Legislature

  3. Can be amended by the Court hearing the suit

  4. Can be amended by the parties to the suit


Answer: Option A


  72.

Court may order any document to be impounded under which of the following in the Code of Civil Procedure?

  1. Order 17, Rule 5

  2. Order 4, Rule 13

  3. Order 6, Rule 10

  4. Order 13, Rule 8

Answer: Option D


  73.

Under section 10, Code of Civil Procedure, 1908, a court during pendency of a suit before it

  1. Can entertain and try second suit

  2. Cannot entertain and proceed to try second suit

  3. Shall not proceed to try though may entertain second suit

  4. Neither can entertain nor shall proceed for second suit


Answer: Option C


  74.

Injunction is granted under which provision of the Civil Procedure Code, 1908 . . . . . . . .

  1. Section 115

  2. Order XXXIX, Rule 1

  3. Section 96

  4. None of the above


Answer: Option B


  75.

Under which provision, a pleader has a duty to inform the court about the death of parties:

  1. Order 22, Rule 1, Code of Civil Procedure

  2. Order 22, Rule 4A, Code of Civil Procedure

  3. Order 22, Rule 8, Code of Civil Procedure

  4. Order 22, Rule 10A, Code of Civil Procedure


Answer: Option D


  76.

Under Section 13 of Code of Civil Procedure which of the following judgments shall not be conclusive?

  1. Judgment not on merit

  2. Judgment founded on breach of Indian law

  3. Judgment against International law

  4. All of the above


Answer: Option D


  77.

When a suit is filed against a minor represented by his guardian, the decree passed in the suit:

  1. Will not operate as res judicata

  2. Will operate as res judicata

  3. Will not be binding on the minor if he files a suit on the same cause of action within one year of becoming a major

  4. None of the above


Answer: Option B


  78.

The sentence passed by the criminal court against Nanavathi was pardoned by the Governor even though the case was pending in the Supreme Court.

Was it proper?

  1. Yes

  2. No

  3. Supreme Court did not express any opinion

  4. None of the above


Answer: Option B


  79.

In the Code of Civil Procedure, an ex parte decree can be set aside:

  1. Under Order IX Rule 5

  2. Under Order IX Rule 10

  3. Under Order IX Rule 13

  4. Under Order IX Rule 11


Answer: Option C


  80.

A' files a suit for partition in the High Court of Delhi against her brother 'B'. 'B' relies upon a Will executed by his father bequeathing the entire estate in his favour.

  1. B has to necessary file counter claim seeking probate of the Will

  2. An issue will be framed as to the genuineness and validity of the Will, which 'B' can establish without seeking probate

  3. B' has to necessarily file a separate probate petition

  4. The suit for partition will be stayed until B obtains a probate


Answer: Option B


Every suit shall be instituted in the court of the lowest grade competent to try it. This provision relates to

  1. Territorial jurisdiction

  2. Pecuniary jurisdiction

  3. Both A and B

  4. Jurisdiction as to subject-matter


Answer: Option C


  82.

Which of following types of suit does not come under the scope of section 92 of the Code of Civil Procedure?

  1. There is a trust created for public purposes of a charitable or religious nature

  2. There is a breach alleged of such trust, or the direction of the court is

deemed necessary for the administration of such trust

  1. The relief claimed is one or other of the beliefs mentioned in the section

  2. All of these


Answer: Option D


  83.

Which of the following provisions of the Code of Civil Procedure precludes a plaintiff from instituting a fresh suit?

  1. Order 9, Rule 9

  2. Order 11, Rule 21(2)

  3. Order 22, Rule 9

  4. All of the above


Answer: Option D


  84.

Which of the following deals with the Execution of decrees passed by Revenue Court in places to which this Code does not extend in the Code of Civil Procedure?

  1. Section 44

  2. Section 36

  3. Section 40

  4. Section 52


Answer: Option A


  85.

Every decree and order passed by the court is appealable. Is it true?

  1. Yes

  2. No

  3. All orders are appealable but all decrees are not appealable

  4. None of the above


Answer: Option B

86.

Which one of the following does not find a place under the provision on Sec. 94, Code of Civil Procedure relating to supplemental proceedings?

  1. Arrest before judgement

  2. Attachment before judgement

  3. Temporary injunction

  4. Appointment of executors


Answer: Option D


  87.

The time schedule contained in Order VIII, Rule 1 of Code of Civil Procedure is to be

  1. Followed as a rule and departure therefrom shall also be a rule

  2. Followed as a rule and departure therefrom would be an exception

  3. Followed as a rule and there is no scope for any departure therefrom

  4. Followed as an absolute rule as it imposes an embargo on the power of the court to extend the time


Answer: Option B


  88.

"Mere production of a Photostat copy of a decree of a foreign court is not sufficient. It is required to be certified by a representative of Central Government in America" was held by the Supreme Court in:

  1. Narasimha Rao v. Venkata Lakshmi

  2. Roshanlal v. R. B. Mohan Singh

  3. Venkata Lakshmi v. Narasimha Rao

  4. None of the above


Answer: Option A


  89.

Which of the following does not include in the definition of 'decree' given under Code of Civil Procedure, 1908

  1. Rejection of a plaint

  2. Determination of question under Section 144 of the Code of Civil Procedure

  3. Any order of dismissal for default

  4. None of the above


Answer: Option C


  90.

In which one of the following cases, it is held that "Inherent powers has not been conferred on a court, it is a power inherent in a court"?

  1. Rajni Bai v. Kamla Devi

  2. Satyabrat Biswas v. Kalyan Kumar Kisku

  3. P. C. Jairath v. Amrit Jairath

  4. Manohar Lal v. Seth Hiralal


Answer: Option D


Default in filing of written statement has been dealt with

  1. Under Order VIII, Rule 8 of Code of Civil Procedure

  2. Under Order VIII, Rule 9 of Code of Civil Procedure

  3. Under Order VIII, Rule 10 of Code of Civil Procedure

  4. Under Order VIII, Rule 7 of Code of Civil Procedure


Answer: Option C


  92.

A plaint is liable to be returned, when

  1. Plaint is on an insufficiently stamped paper

  2. Plaint is not filed in duplicate

  3. Relief is undervalued in the plaint

  4. Plaint is filed in a court having no jurisdiction


Answer: Option D


  93.

Under Order XVI, Rule 1, sub-rule (4) summons may be obtained by the parties within of presenting

the list of witnesses

  1. 5 days

  2. 7 days

  3. 9 days

  4. 10 days


Answer: Option A Solution:

In the context of the Code of Civil Procedure, specifically Order XVI, Rule 1, sub-rule (4), it pertains to the issuance of summons to witnesses. When a party wishes to call witnesses to testify in a civil case, they need to provide a list of these witnesses to the court. Sub-rule (4) of Rule 1 in Order XVI deals with the timeline for obtaining summons for these witnesses.


The rule states that parties have a specific period of time within which they can obtain the necessary summons after presenting the list of witnesses. In this case, the correct time frame is 5 days. This means that from the moment a party submits or presents their list of witnesses to the court, they have a maximum of 5 days to request and obtain the summons for those witnesses.


So, to reiterate, the correct answer to the question is indeed Option A: 5 days. It's essential for parties involved in a civil case to be aware of these timelines to ensure

that they can properly notify and summon their witnesses for the trial.

  94.

Substitution of the legal representatives of either party, in case of death, is permissible

  1. When the right to sue survives

  2. When the right to sue does not survive

  3. When the right to sue may or may not survive

  4. All the above


Answer: Option A


  95.

Examination de bene esse, under Order 18, Rule 16 Code of Civil Procedure means:

  1. Examination of a witness before the hearing

  2. Examination of a witness after the hearing

  3. The court may at any stage of a suit make local inspection and make a memorandum of any relevant fact

  4. Witness disabled by any reasons authorizes other person acquainted with facts to depose on his behalf

  5. None of these


Answer: Option A


  96.

Which of the issues under Order XIV, Rule 2 of Code of Civil Procedure can be tried as preliminary issues

  1. Issues of fact

  2. Issues of law

  3. Issues of fact and law

  4. Both B and C


Answer: Option B

  97.

Ordinarily, the judgment shall be pronounced as provided under Order XX, Rule 1 of Code of Civil Procedure, within

  1. 15 to 30 days of hearing

  2. 5 to 15 days of hearing

  3. 30 to 60 days of hearing

  4. 30 to 45 days of hearing


Answer: Option C


  98.

In a commercial suit, the time limit of 120 days for filing of written statement

  1. Can be extended, if the Defendant shows adequate reasons for non filing

  2. Can be extended at the discretion of the Court

  3. Cannot be extended under any circumstances

  4. Can be extended with imposition of heavy costs


Answer: Option C


  99.

Original documents can be returned to the party producing it

  1. After the suit is over

  2. After the disposal of appeal, if preferred

  3. After the period of limitation for filing the appeal, if no appeal is preferred

  4. Only B and C are correct


Answer: Option D


  100.

Under section clerical and

arithmetical mistakes in judgments can be rectified

  1. 152 Code of Civil Procedure

  2. 150 Code of Civil Procedure

  3. 153 Code of Civil Procedure

  4. 153A Code of Civil Procedure


Answer: Option A

An appeal from a decree passed in appeal has been provided



  1. Under section 97 of Code of Civil Procedure

  2. Under section 98 of Code of Civil Procedure

  3. Under section 99 of Code of Civil Procedure

  4. Under section 100 of Code of Civil Procedure




Answer: Option D



  2. Which one of the following statement is incorrect regarding the compromise under Order 23, rule 3 of Civil Procedure Code?



  1. Must be in writing and signed by the party

  2. Must be in writing and need to be lawful agreement

  3. It is required that subject matter of the compromise is the same as the subject matter of the Suit

  4. A compromise which is voidable under the Indian Contract Act shall also voidable within the meaning of this Rule




Answer: Option C



  3.

Under Order 32, Rule 10 of the Code of Civil Procedure on the death of 'next friend', the suit shall be



  1. Dismissed

  2. Stayed

  3. Rejected

  4. Dismissed or rejected




Answer: Option B



  4. Under Order IV, Rule 1, sub-rule (1) of Code of Civil Procedure, a suit is instituted when



  1. A plaint is presented to the court

  2. A plaint in duplicate is presented to the court

  3. A plaint in triplicate is presented to the court

  4. Either A or B or C




Answer: Option B



  5. What is not correct about the recording of evidence under order 18 rule 4 of Code of Civil Procedure?



  1. The examination in chief of a witness shall be on affidavit

  2. For cross examination the commissioner shall be appointed

  3. The District Judge shall prepare a panel of commissioner to record the evidence

  4. The admissibility of document which are filed alongwith affidavit shall be determined by the commissioner



Answer: Option D



Which section under the Civil Procedure Code, 1908 deals with the settlement of disputes outside the court?



  1. Section 88

  2. Section 89

  3. Section 98

  4. Section 99



Answer: Option B




Under Code of Civil Procedure, pleading does not include



  1. Written Statement

  2. Plaint

  3. Evidence

  4. Material Facts



Answer: Option C



  8.

The Supreme Court of India has laid down the law relating to Alternative Dispute Resolution processes and Section 89 of the Code of Civil Procedure in the case of:



  1. Dinesh Kumar v. Yusuf Ali

  2. Afcon Infrastructure Ltd. v. Cherian Varkey Construction Co.

  3. Bimlesh v. New Delhi Assurance Co.

  4. Standard Chartered Bank v. V. Noble Kumar




Answer: Option B



  9. An order passed under Order XXXIX, Rule 1 Code of Civil Procedure can be challenged by filing



  1. An appeal

  2. A writ petition

  3. A revision petition

  4. None of these




Answer: Option A



  10.

When proper Court fees is not paid by the plaintiff, the Court shall-



  1. Reject the plaint

  2. Shall grant time to the plaintiff to pay deficit Court fees

  3. The Court shall send a report to the government

  4. None of the above




Answer: Option B



Who amongst the following is not a legal representative

  1. A trespasser

  2. An intermeddler

  3. A creditor

  4. Both A and C


Answer: Option D


  12.

List of witnesses, after settlement of issues, must be filed within

  1. 60 days

  2. 45 days

  3. 30 days

  4. 15 days


Answer: Option D


  13.

Jurisdiction of a court is decided by:

  1. Subject-matter of the dispute

  2. Pecuniary value of the suit

  3. Place where the dispute arose

  4. All of the above


Answer: Option D


  14.

An application for substitution of the legal representatives of a defendant lies

  1. Under Order XXII, Rule 3 of Code of Civil Procedure

  2. Under Order XXII, Rule 4 of Code of Civil Procedure

  3. Under Order XXII, Rule 4A of Code of Civil Procedure

  4. Under Order XXII, Rule 5 of Code of Civil Procedure


Answer: Option B


  15.

The plaintiff wants to claim some reliefs in a subsequent suit. He requires leave under which of the following provisions of the Code of Civil Procedure?

  1. Section 80(2)

  2. Section 20

  3. Order II Rule 3

  4. Order I Rule 8


Answer: Option C


  16.

Withdrawal of suits is governed by

  1. Order XXIII, Rule 1 of Code of Civil Procedure

  2. Order XXIII, Rule 3 of Code of Civil Procedure

  3. Order XXIII, Rule 1 and Rule 3 of Code of Civil Procedure

  4. Order XXIII, Rule 3A of Code of Civil Procedure


Answer: Option A


  17.

Civil Procedure Code: Principle of resjudicata does not apply

  1. To Writ of Habeas Corpus

  2. To Interlocutory Orders

  3. To dismissal under Order 17, Rule 3

  4. To ex-parte judgement

Answer: Option A


  18.

During proceeding for execution of a decree, if a question arises as to whether any person is or is not the representative of a party, such question shall be determined by

  1. The court which passed the decree

  2. The court executing the decree

  3. The Appellate Court

  4. A separate suit


Answer: Option B


  19.

Court can direct the parties to opt for anyone mode of alternative dispute resolution in Civil Procedure Code, 1908

  1. Under Order X, Rule 1A

  2. Under Order X, Rule 1B

  3. Under Order X, Rule 1C

  4. Under Order XI, Rule 1


Answer: Option A


  20.

A sues B for recovery of possession of certain immovable property. The defence is that B is the full owner of the property. Pending the suit, B is adjudged insolvent and his estate vests in the official assignee. Because the order of adjudication operates:

  1. As a statutory transfer of the interest of the insolvent in the subject- matter of the suit to the official assignee

  2. As a non-statutory transfer of the interest of the insolvent in the subject- matter of the suit to the official assignee

  3. Either A or B

  4. None of these

Answer: Option A


Under the principle of res-subjudice

  1. The second suit has to be stayed

  2. The previous suit has to be stayed

  3. Either A or B depending on the facts and circumstances of the case

  4. Either A or B depending on the valuation of the suit for the purposes of jurisdiction


Answer: Option A


  22.

Section 115 of the Code of Civil Procedure applies to:

  1. Non-exercise of jurisdiction vested in a court

  2. Irregular exercise of jurisdiction vested in the court

  3. Exercise of jurisdiction not vested in a court

  4. All of the above


Answer: Option D


  23.

All questions arising between the parties to the suit or their representatives to the execution, discharge or satisfaction of the decree shall be determined by

  1. The Court which passed the decree

  2. The Court executing the decree

  3. A separate suit

  4. The Court to which an appeal against the decree lies


Answer: Option B


  24.

Under which provision of Civil Procedure Code, a High Court can transfer any case?

  1. Section 20

  2. Section 12

  3. Section 24

  4. Section 15


Answer: Option C


  25.

Under Code of Civil Procedure the provision of notice before instituting a suit against the Government is given in

  1. Section 180

  2. Section 6

  3. Section 80

  4. Section 21


Answer: Option C


  26.

In which of the following case Sir Laurence Jenkins has observed that lithe rule of res judicata, while founded on account of precedent, is directed by a wisdom which is for all times"?

  1. Lal Chand v. Radha Kishan

  2. Sheopersan v. Ramanand Singh

  3. Sulochana Amma v. Narayanan Nair

  4. Pandurang Ramachandra v. Shantibai


Answer: Option B


  27.

Which Section of the Code of Civil Procedure provisions for Right to lodge a 'Caveat'?

  1. Section 148

  2. Section 148A

  3. Section 153A

  4. Section 153B

Answer: Option B


  28.

"At times proceedings are adjourned sine die on account of stay. Even after stay is vacated, intimation is not received and proceedings are not taken up. In an attempt to remedy this, situation, we consider it appropriate to direct that in all pending cases where stay against proceedings of a civil or criminal trial is operating, the same will come to an end on expiry of six months from today unless in an exceptional case by a speaking order such stay is extended". This observation was made by the Supreme Court recently in which one of the following cases:

  1. Asian Resurfacing of Road Agency Pvt. Ltd, v. Central Bureau of Investigation 2018 (5) SCALE 269

  2. Board of Control for Cricket in India

v. Kochi Cricket Pvt. Ltd. 2018 (d) SCALE 502

  1. State of Karnaiaka by its Chief Secretary v. State of Tamil Nadu by its Chief Secretary & Ors. (2018) 4 SCC 1

  2. Chand Devi Daga & Ors. v. Manju K. Humatani & Ors. (2018) 1 SCC 71


Answer: Option A


  29.

Under section 47 of Code of Civil Procedure parties to the suit means

  1. The parties themselves

  2. The representatives of the parties

  3. The auction purchaser in execution of decree

  4. All the above


Answer: Option D


  30.

A receiver appointed in respect of any property under Order XL of Code of Civil Procedure

  1. Has a right to deal with the property, the way he likes generally

  2. Has a right to deal with the property only with the leave of the court

  3. Has a right to deal with the property without the leave of the court

  4. Both A and C


Answer: Option B


Which of the following is not the requirement for stay of suit under Section 10 of the Code of Civil Procedure?

  1. That parties to both the suits must be the same

  2. That the matter in issue in the second suit must be directly and substantially in issue in prior suit

  3. That prior suit must be pending in the same court or in any court in India, having jurisdiction to grant the relief claimed

  4. That where the previously instituted suit is pending, such court is of competent jurisdiction to grant the relief claimed in subsequent suit


Answer: Option D


  32.

The provisions of O. 17, r 3 does not apply unless:

  1. The hearing is adjourned on the application of a party to the suit, as distinguished from an adjournment by the court of its own motion

  2. The hearing is adjourned on the application of the party who subsequently makes the default

  3. The adjournment is granted to enable the party to produce his

evidence, or to cause the attendance of his witness, or to perform any other act necessary to the further progress of the suit

  1. The party fails to perform any of the acts for which the adjournment was granted within the time allowed by the court

A. 1, 2, 4

B. 3, 4

C. 2, 4

D. All of these


Answer: Option D


  33.

Which of the following deals with the frame of suit in the Code of Civil Procedure?

  1. Order 8, Rule 1

  2. Order 6, Rule 2

  3. Order 3, Rule 3

  4. Order 2, Rule 1


Answer: Option D


  34.

A notice in writing under Section 80 of the Civil Procedure Code has to be given to the:

  1. Secretary to Central Government in case of suit against that Government

  2. President of India in case of suit against the Central Government

  3. Secretary of Railways, in case of suit against Central Government involving railways

  4. A and C both


Answer: Option A


  35.

The propositions are: Under Order XVIII, Rule 2 of Code of Civil Procedure

  1. Written arguments can be filed before the conclusion of oral arguments

  2. A copy of the written arguments shall be punished simultaneously to the other party

  3. Adjournment shall be granted generally for the purpose of filing the written arguments

  4. the Court cannot fix any time-limit for oral arguments

Which of the following is correct in respect of the aforesaid propositions:

  1. 1 and 3 are correct, 2 and 4 are incorrect

  2. 1 and 2 are correct, 3 and 4 are incorrect

  3. 1 and 4 are correct, 2 and 3 are incorrect

  4. 3 and 4 are correct, 1 and 2 are incorrect


Answer: Option B


  36.

What does 'Pauper Suit' mean?

  1. Suit by third party

  2. Suit by public servant

  3. Suit by indigent person

  4. Suit by legal representative


Answer: Option C


  37.

A fresh suit in respect of the same cause of action is permissible

  1. Where a suit is dismissed under Order 9, Rule 8

  2. Where a suit is dismissed under Order 9, Rule 3

  3. Where the suit abates under Order 22, Rule 3(2)

  4. Where the plaintiff abandons the suit under Order 23, Rule 1(1)

Answer: Option B


  38.

Civil Procedure Code: Suit against Government shall not be instituted until the expiration of

  1. One month next after notice in writing has been delivered

  2. Three month after notice in writing has been delivered

  3. Two month after notice in writing has been delivered

  4. Six month after notice in writing has been delivered


Answer: Option C


  39.

The rule of 'res-judicata' is not applicable in the writ of:

  1. Quo-warranto

  2. Prohibition

  3. Habeas Corpus

  4. Mandamus


Answer: Option C


  40.

As provided in Section 79 of the Code of Civil Procedure a suit by the Central Government must be filed in the name of

  1. The President of India

  2. Attorney General of India

  3. Prime Minister of India

  4. Union of India


Answer: Option D


Under Code of Civil Procedure, Preliminary Decree can be passed in

  1. A suit for partition

  2. A suit for dissolution of partnership

  3. A suit for possession and mesne profit

  4. All of these


Answer: Option D


  42.

When the defendant is proceeded ex parte after filing written statement:

  1. The defendant cannot participate in future proceedings

  2. The defendant can participate in future proceedings

  3. The defendant to participate in future proceedings must ask for setting aside of the ex parte order

  4. The plaintiff has option to allow the defendant to participate


Answer: Option B


  43.

No order under section 47 to be refused or modified unless decision of the case is prejudicially affected under which of the following in the Code of Civil Procedure?

  1. Section 90A

  2. Section 95A

  3. Section 99A

  4. Section 101B


Answer: Option C


  44.

'Set-off' can be claimed

  1. In any suit

  2. In a recovery of money suit

  3. In a suit for possession

  4. In both A and B


Answer: Option B

  45.

The plaint shall not be rejected in one of the following conditions:

  1. Where it does not disclose a cause of action

  2. Where it is not submitted by an advocate

  3. Where the relief claimed in undervalued and it is not corrected after the order of Court

  4. Where the suit appears from the statement in the plaint, to be barred by law


Answer: Option B


  46.

For issuance of commission, section 75 is

  1. Exhaustive

  2. Prohibitory

  3. Illustrative

  4. None of the above


Answer: Option C


  47.

A legal representative under the Code of Civil Procedure means:

  1. A co-sharer of the benefits arising to the parties to the suit

  2. A person, who in law represents the estate of the deceased

  3. A relative of parties to the suit

  4. All of the above


Answer: Option B


  48.

Who is necessary party in Madhya Pradesh under order 1 rule 3B Code of Civil Procedure, 1908 by local amendment?

  1. State Government

  2. The State of Madhya Pradesh through Commissioner

  3. Collector of concern District

  4. Local Body


Answer: Option A


  49.

Jurisdiction lies to the court where the property immovable in nature falls

  1. Particularly in jurisdiction

  2. Substantially in jurisdiction

  3. Both A and B

  4. Only to High Court


Answer: Option B


  50.

Books of account

  1. Are liable to attachment and sale in execution of a decree

  2. Are not liable to attachment and sale in execution of a decree

  3. Are no evidence in the eye of law

  4. Can be the sole evidence to decide a suit


Answer: Option B


Which of the following deals with particular interrogatories to be submitted in the Code of Civil Procedure?

  1. Order 11, Rule 2

  2. Order 4, Rule 13

  3. Order 6, Rule 10

  4. Order 13, Rule 22


Answer: Option A


  52.

Under Section 2(9) of the Code of Civil Procedure 'Judgement' means:

  1. Decree

  2. Order

  3. Statement on grounds of a decree or order

  4. Decree and order


Answer: Option C


  53.

Inherent powers conferred under Section 151 of the Code of Civil Procedure, 1908, may be exercised by the

  1. Supreme Court only

  2. High Court only

  3. District Court only

  4. Supreme Court, High Court, District Court as well as by any Civil Court


Answer: Option D


  54.

Where a dispute is referred by the court under section 89 of Code of Civil Procedure, for mediation the proceedings shall be governed by

  1. The provision of the Arbitration and Conciliation Act, 1996

  2. The provision of the Legal Services Authority Act, 1987

  3. Either A or B

  4. Neither A nor B


Answer: Option D


  55.

A foreign judgment may not be conclusive if it has not been given on the merits of case

  1. Only true in criminal cases

  2. Is a true fact

  3. Only true is matrimonial cases

  4. Not a true statement


Answer: Option B


  56.

Attachment before judgment can be ordered

  1. Under Order XXXVIII, Rule 1 of Code of Civil Procedure

  2. Under Order XXXVIII, Rule 3 of Code of Civil Procedure

  3. Under Order XXXVIII, Rule 5 of Code of Civil Procedure

  4. Under Order XXXVIII, Rule 7 of Code of Civil Procedure


Answer: Option C


  57.

The expression, "Each party shall bear his own costs" implies that

  1. Both the parties are entitled to cost from each other

  2. Both the parties are not to be deprived of costs

  3. Both the parties are to be deprived of costs

  4. Both the parties are not entitled to cost from each other


Answer: Option C


  58.

Under which Section of the Civil Procedure Code a second appeal can be filed

  1. Section 99

  2. Section 99A

  3. Section 100

  4. Section 100A


Answer: Option C

  59.

Which of the following deals with where neither party appears, suit to be dismissed in the Code of Civil Procedure?

  1. Order 9, Rule 3

  2. Order 4, Rule 13

  3. Order 6, Rule 10

  4. Order 10, Rule 22


Answer: Option A


  60.

A document was in the joint possession of X and Y. In a suit between Y and Z, Z requested the court for the discovery of that document. Y informed the court about the nature of the document and also stated that X is not consenting to produce the document. Z requested the court to compel Y for the production of the document as it is in the joint possession. Decide whether the court will compel Y for the production of the document.

  1. Yes

  2. No

  3. Facts are not sufficient to decide

  4. None of the above


Answer: Option B


Which is the correct statement in context of summary procedure for civil suits?

  1. May be invoked for recovery of a liquidated demand in money payable by the defendant arising out a written contract

  2. May be applied suo motu by any civil court in its discretion in the interest of expeditious adjudication

  3. Requires the defendant to seek leave to defend which, if granted, must be unconditional

  4. All these statements are not correct


Answer: Option A


  62.

A suit was instituted impleading the defendants in a representative capacity. Publication of the notice of the suit was made in a leading daily as directed by Court while granting permission under Order I, Rule 8.

Later on the suit happened to be dismissed for default. Plaintiff filed application under Order IX, Rule 9 to restore the suit. Is it necessary to direct publication of the notice regarding the restoration application also in a leading daily to have effective service on all the persons interested?

  1. No

  2. Yes, but only when such suit is either to be withdrawn or compromised

  3. Yes, but only when leave is to be obtained

  4. In both the conditions mentioned in B and C


Answer: Option B


  63.

A', a resident of Delhi, files a suit at Delhi for infringement of Trade Mark by 'B', a resident of Mumbai, for using the Mark at Mumbai.

  1. The court at Delhi has jurisdiction

  2. The court at Delhi has no jurisdiction because 'B' is a resident of Mumbai and cause of action has arisen in Mumbai

  3. The court at Delhi has jurisdiction with leave of court

  4. The court at Delhi has jurisdiction only if 'A' does not have an office in Mumbai


Answer: Option D


  64.

Under Civil Procedure Code find the incorrect match:

  1. Section 5 ⇔ Revenue Court

  2. Section 7 ⇔ Provincial Small Causes Court

  3. Section 9 ⇔ Pecuniary Jurisdiction of Courts

  4. Section 8 ⇔ Presidency Small Causes Courts


Answer: Option C


  65.

Section 11 of the Code of Civil Procedure contains:

  1. Five Explanations

  2. Six Explanations

  3. Seven Explanations

  4. Eight Explanations


Answer: Option D


  66.

Affidavit in answer to interrogatories shall be filed

  1. Within 7 days of the order

  2. Within 10 days of the order

  3. Within 14 days of the order

  4. Within 15 days of the order


Answer: Option B


  67.

The plaints in bank suits should specifically disclose which of the following ingredients?

  1. The rate of interest charged from time to time from the date of loan to date of suit

  2. The rates of interest permissible as per circular/directives of Reserve Bank of India for the corresponding period

  3. An averment that in the statement of account, the debits regarding interest and other charges are in accordance with the terms of contract and Reserve Bank of India directive

  4. All of these


Answer: Option D


  68.

The authority to annul, alter or add to the rules in the First Schedule of the Code of Civil Procedure rests with the;

  1. High Court

  2. State Government

  3. Supreme Court with the previous approval of rules by the Central Government

  4. High Court with the previous approval of rules by the State Government


Answer: Option D


  69.

Select the correct statement

  1. A suit can be filed to enforce the negative covenant contained in an agreement even if the specific performance cannot be granted provided that the plaintiff has not failed to perform all of his obligations under the agreement

  2. A suit can be filed to enforce negative covenant/agreement even if a specific performance cannot be granted provided the agreement pertains to an immovable property only

  3. A suit can be filed to enforce a negative covenant when no specific

performance of an agreement can be granted only if the negative covenant is in terms of a duly registered agreement before a Sub-Registrar under the Registration Act

  1. A suit to enforce negative covenant can be filed, even if specific performance of the agreement cannot be sought, only if the suit to enforce the negative covenant is filed only before the High Courts of Delhi, Kolkata, Mumbai or Chennai


Answer: Option A


  70.

Which of the following amendments can be allowed under Order VI, Rule 17 of the Civil Procedure Code 1908?

  1. Amendment for granting relief on the basis of different approaches to the same facts

  2. Amendment taking note of subsequent events

  3. Amendment for correcting the misdescription of property

  4. All of the above


Answer: Option D


Even an indigent person too has been provided right to appeal by the Code of Civil Procedure, 1908 in

  1. Order 34

  2. Order 24

  3. Order 43

  4. Order 44


Answer: Option D


  72.

The rule of constructive res judicata is-

  1. A product of judicial interpretation

  2. A rule of equity

  3. Contained expressly in Code of Civil Procedure

  4. A part of Supreme Court rules


Answer: Option C


  73.

A sues B for rent; B pleads abatement of rent on the ground that the area is less than that entered in the lease.

The court finds that the area is greater than that shown in the lease.

  1. The finding as to the excess area is not res judicata for it is only ancillary to the direct and substantial issue whether the area is equal to that shown in the lease; or less

  2. The finding as to the excess area is res judicata for it is ancillary to the direct and substantial issue whether the area is equal to that shown in the lease; or less

  3. The finding as to the excess area is not res judicata for it is ancillary to the direct and substantial issue whether the area is equal to that shown in the lease; or less

  4. None of these


Answer: Option A


  74.

Which of the following statements is most appropriate?

  1. The institution of the appeal does not by itself operate as stay of the decree appealed against

  2. The appellate court has the power to stay the execution of the impugned decree

  3. Both A and B are correct

  4. Only A is correct and B is incorrect


Answer: Option C

75.

Defendant can claim temporary injunction in a suit filed by the plaintiff

  1. To prevent the suit property being alienated or damaged

  2. To prevent the plaintiff from dispossessing defendant from the suit properly

  3. To prevent the plaintiff from causing any legal injury to the defendant

  4. All of the above


Answer: Option A


  76.

Which of the following deals with judgment and decree in the Code of Civil Procedure?

  1. Section 30

  2. Section 29

  3. Section 33

  4. Section 25


Answer: Option C


  77.

The provisions regarding 'friendly suits' are in:

  1. Section 90, Order 36 of the Code of Civil Procedure

  2. Section 88, Order 35 of the Code of Civil Procedure

  3. Order 34 of the Code of Civil Procedure

  4. Order 33 of the Code of Civil Procedure


Answer: Option A


  78.

In cases where the amount or value of the subject matter of the suit does not exceed fifty rupees, the period of

detention under Order XXXVIII, Rule 4 of Code of Civil Procedure cannot

  1. Exceed two weeks

  2. Exceed six weeks

  3. Exceed two months

  4. Exceed three months


Answer: Option B


  79.

A revision under Section 115 of the Civil Procedure Code 1908 shall not operate as a stay of suit or on other proceedings before the court except where such suit or other proceeding is stayed by:

  1. The High Court

  2. The Supreme Court

  3. The Appellate Court

  4. District and Sessions Court


Answer: Option A


  80.

Under Section 148 of the Code of Civil Procedure, the Court has power to enlarge time:

  1. Not exceeding 30 days in total

  2. Not exceeding 60 days in total

  3. Not exceeding 90 days in total

  4. As may be appropriate in the facts and circumstances of the suit


Answer: Option A


Under Order VI, Rule 17 of Code of Civil Procedure, an application for amendment of pleadings can be allowed

  1. Before the commencement of trial

  2. After the commencement of trial

  3. Either before or after the commencement of trial

  4. None of the above


Answer: Option C


  82.

A owes B Rs. 100. B sues A for the amount, having made no demand for payment and having no reason to believe that the delay caused by making a demand would place him at a disadvantage. On the plaint being filed, A pays the money into Court. B accepts it in full satisfaction of his claim.

  1. The Court should not allow him any costs

  2. The litigation being presumably groundless on his part

  3. Both A and B

  4. None of these


Answer: Option C


  83.

Which of the following deals with power of Court to permit a person or body of persons to present opinion or to take part in proceedings?

  1. Order 1, Rule 8A

  2. Order 5, Rule 2B

  3. Order 3, Rule 3A

  4. Order 4, Rule 6A


Answer: Option A


  84.

Which of the following deals with power of High Court to require evidence to be recorded in English in the Code of Civil Procedure?

  1. Section 138

  2. Section 133

  3. Section 132

  4. Section 140


Answer: Option A


  85.

Interrogatories shall be answered as provided under Order XI, Rule 8 of Code of Civil Procedure

  1. On a simple application

  2. On an affidavit

  3. By filing the documents

  4. All of the above


Answer: Option B


  86.

Provisions of Section 39 of Code of Civil Procedure are:

  1. Permissive and not mandatory

  2. Mandatory and not permissible

  3. Mandatory and discretionary

  4. None of the above


Answer: Option A


  87.

A person who is appointed to protect the disputed property is known as

  1. A judgement debtor

  2. Commissioner

  3. Receiver

  4. A pauper


Answer: Option C


  88.

Provisions of Section 80 of Code of Civil Procedure are binding on

  1. The Court of a Civil Judge

  2. The Court of District Judge

  3. The High Court

  4. All of the above

Answer: Option D


  89.

Which of the following deals with service on several defendants in the Code of Civil Procedure?

  1. Order 7, Rule 38

  2. Order 2, Rule 21

  3. Order 5, Rule 11

  4. Order 4, Rule 9


Answer: Option C


  90.

Under Order 40, rule 1 of Code of Civil Procedure, a receiver can be appointed

  1. Only before Decree

  2. Only after Decree

  3. Both before or after Decree

  4. Before presentation of plaint


Answer: Option C


Which of the provision of the Code of Civil Procedure, 1908 provides that the objection regarding territorial or pecuniary jurisdiction has to be raised at the first available opportunity?

  1. Section 10

  2. Section 11

  3. Section 20

  4. Section 21


Answer: Option D


  92.

On the retirement, removal or death of a next friend, under Order, XXXII, Rule 10 of Code of Civil Procedure, the suit is liable to be

  1. Stayed

  2. Dismissed

  3. Rejected

  4. Either A, B or C


Answer: Option A


  93.

In set-off, court fee is

  1. Payable

  2. Not-payable

  3. Discretionary

  4. Only B not A


Answer: Option A


  94.

Who establishes a court of session?

  1. Central Government

  2. State Government

  3. High Court

  4. Supreme Court


Answer: Option B


  95.

During the period of conclusion of hearing and the pronouncing of the judgment, if either party dies, under Order 22, Rule 6 of Code of Civil Procedure

  1. The proceedings shall abate

  2. The proceedings shall not abate irrespective of whether the cause of action survives or not

  3. It is the discretion of the Court to order abatement or non-abatement or not

  4. None of the above


Answer: Option B


  96.

Civil Procedure Code, 1908 is not applicable to which of the following namely

  1. Civil matters

  2. Revenue matters

  3. Service matters

  4. Land law and local laws


Answer: Option D


  97.

A agrees to sell his property to B for Rs. 2,000 to be paid to A on the execution of the conveyance. The purchase- money payable to A is not a 'debt' owing to him by B until the conveyance is executed.

  1. It can be attached before the execution of the conveyance in execution of a decree against A

  2. It cannot be attached before the execution of the conveyance in execution of a decree against A

  3. Either A or B

  4. None of these


Answer: Option B


  98.

Which one of the following under Code of Civil Procedure is not correctly matched:

  1. Section 50 ⇔ Legal Representative

  2. Section 77 ⇔ Letter of Request

  3. Section 80 ⇔ Notice

  4. Section 11 ⇔ Res-Sub-judice


Answer: Option D


  99.

Which of the following deals with the exclusion of counter claim in the Code of Civil Procedure?

  1. Order 8, Rule 6C

  2. Order 4, Rule 13

  3. Order 6, Rule 10

  4. Order 10, Rule 22


Answer: Option A


  100.

Provisions with regard to res judicata are provided in Section of

the Code of Civil Procedure, 1908.

  1. Section 9

  2. Section 12

  3. Section 100

  4. Section 11


Answer: Option D

An appeal from a decree passed in appeal has been provided



  1. Under section 97 of Code of Civil Procedure

  2. Under section 98 of Code of Civil Procedure

  3. Under section 99 of Code of Civil Procedure

  4. Under section 100 of Code of Civil Procedure

Answer: Option D


  2. Which one of the following statement is incorrect regarding the compromise under Order 23, rule 3 of Civil Procedure Code?



  1. Must be in writing and signed by the party

  2. Must be in writing and need to be lawful agreement

  3. It is required that subject matter of the compromise is the same as the subject matter of the Suit

  4. A compromise which is voidable under the Indian Contract Act shall also voidable within the meaning of this Rule

Answer: Option C


Under Order 32, Rule 10 of the Code of Civil Procedure on the death of 'next friend', the suit shall be



  1. Dismissed

  2. Stayed

  3. Rejected

  4. Dismissed or rejected

Answer: Option B

Under Order IV, Rule 1, sub-rule (1) of Code of Civil Procedure, a suit is instituted when



  1. A plaint is presented to the court

  2. A plaint in duplicate is presented to the court

  3. A plaint in triplicate is presented to the court

  4. Either A or B or C

Answer: Option B


What is not correct about the recording of evidence under order 18 rule 4 of Code of Civil Procedure?



  1. The examination in chief of a witness shall be on affidavit

  2. For cross examination the commissioner shall be appointed

  3. The District Judge shall prepare a panel of commissioner to record the evidence

  4. The admissibility of document which are filed alongwith affidavit shall be determined by the commissioner

Answer: Option D

  6. Which section under the Civil Procedure Code, 1908 deals with the settlement of disputes outside the court?



  1. Section 88

  2. Section 89

  3. Section 98

  4. Section 99

Answer: Option B

7. Under Code of Civil Procedure, pleading does not include



  1. Written Statement

  2. Plaint

  3. Evidence

  4. Material Facts

Answer: Option C


The Supreme Court of India has laid down the law relating to Alternative Dispute Resolution processes and Section 89 of the Code of Civil Procedure in the case of:



  1. Dinesh Kumar v. Yusuf Ali

  2. Afcon Infrastructure Ltd. v. Cherian Varkey Construction Co.

  3. Bimlesh v. New Delhi Assurance Co.

  4. Standard Chartered Bank v. V. Noble Kumar

Answer: Option B


An order passed under Order XXXIX, Rule 1 Code of Civil Procedure can be challenged by filing



  1. An appeal

  2. A writ petition

  3. A revision petition

  4. None of these

Answer: Option A

  10.

When proper Court fees is not paid by the plaintiff, the Court shall-



  1. Reject the plaint

  2. Shall grant time to the plaintiff to pay deficit Court fees

  3. The Court shall send a report to the government

  4. None of the above

Answer: Option B

Who amongst the following is not a legal representative

  1. A trespasser

  2. An intermeddler

  3. A creditor

  4. Both A and C


Answer: Option D


  12.

List of witnesses, after settlement of issues, must be filed within

  1. 60 days

  2. 45 days

  3. 30 days

  4. 15 days


Answer: Option D


  13.

Jurisdiction of a court is decided by:

  1. Subject-matter of the dispute

  2. Pecuniary value of the suit

  3. Place where the dispute arose

  4. All of the above


Answer: Option D


  14.

An application for substitution of the legal representatives of a defendant lies

  1. Under Order XXII, Rule 3 of Code of Civil Procedure

  2. Under Order XXII, Rule 4 of Code of Civil Procedure

  3. Under Order XXII, Rule 4A of Code of Civil Procedure

  4. Under Order XXII, Rule 5 of Code of Civil Procedure


Answer: Option B


  15.

The plaintiff wants to claim some reliefs in a subsequent suit. He requires leave under which of the following provisions of the Code of Civil Procedure?

  1. Section 80(2)

  2. Section 20

  3. Order II Rule 3

  4. Order I Rule 8


Answer: Option C


  16.

Withdrawal of suits is governed by

  1. Order XXIII, Rule 1 of Code of Civil Procedure

  2. Order XXIII, Rule 3 of Code of Civil Procedure

  3. Order XXIII, Rule 1 and Rule 3 of Code of Civil Procedure

  4. Order XXIII, Rule 3A of Code of Civil Procedure


Answer: Option A


  17.

Civil Procedure Code: Principle of resjudicata does not apply

  1. To Writ of Habeas Corpus

  2. To Interlocutory Orders

  3. To dismissal under Order 17, Rule 3

  4. To ex-parte judgement


Answer: Option A

18.

During proceeding for execution of a decree, if a question arises as to whether any person is or is not the representative of a party, such question shall be determined by

  1. The court which passed the decree

  2. The court executing the decree

  3. The Appellate Court

  4. A separate suit


Answer: Option B


  19.

Court can direct the parties to opt for anyone mode of alternative dispute resolution in Civil Procedure Code, 1908

  1. Under Order X, Rule 1A

  2. Under Order X, Rule 1B

  3. Under Order X, Rule 1C

  4. Under Order XI, Rule 1


Answer: Option A


  20.

A sues B for recovery of possession of certain immovable property. The defence is that B is the full owner of the property. Pending the suit, B is adjudged insolvent and his estate vests in the official assignee. Because the order of adjudication operates:

  1. As a statutory transfer of the interest of the insolvent in the subject- matter of the suit to the official assignee

  2. As a non-statutory transfer of the interest of the insolvent in the subject- matter of the suit to the official assignee

  3. Either A or B

  4. None of these


Answer: Option A

Under the principle of res-subjudice

  1. The second suit has to be stayed

  2. The previous suit has to be stayed

  3. Either A or B depending on the facts and circumstances of the case

  4. Either A or B depending on the valuation of the suit for the purposes of jurisdiction


Answer: Option A


  22.

Section 115 of the Code of Civil Procedure applies to:

  1. Non-exercise of jurisdiction vested in a court

  2. Irregular exercise of jurisdiction vested in the court

  3. Exercise of jurisdiction not vested in a court

  4. All of the above


Answer: Option D


  23.

All questions arising between the parties to the suit or their representatives to the execution, discharge or satisfaction of the decree shall be determined by

  1. The Court which passed the decree

  2. The Court executing the decree

  3. A separate suit

  4. The Court to which an appeal against the decree lies


Answer: Option B


  24.

Under which provision of Civil Procedure Code, a High Court can transfer any case?

  1. Section 20

  2. Section 12

  3. Section 24

  4. Section 15


Answer: Option C


  25.

Under Code of Civil Procedure the provision of notice before instituting a suit against the Government is given in

  1. Section 180

  2. Section 6

  3. Section 80

  4. Section 21


Answer: Option C


  26.

In which of the following case Sir Laurence Jenkins has observed that lithe rule of res judicata, while founded on account of precedent, is directed by a wisdom which is for all times"?

  1. Lal Chand v. Radha Kishan

  2. Sheopersan v. Ramanand Singh

  3. Sulochana Amma v. Narayanan Nair

  4. Pandurang Ramachandra v. Shantibai


Answer: Option B


  27.

Which Section of the Code of Civil Procedure provisions for Right to lodge a 'Caveat'?

  1. Section 148

  2. Section 148A

  3. Section 153A

  4. Section 153B


Answer: Option B


  28.

"At times proceedings are adjourned sine die on account of stay. Even after stay is vacated, intimation is not received and proceedings are not taken up. In an attempt to remedy this, situation, we consider it appropriate to direct that in all pending cases where stay against proceedings of a civil or criminal trial is operating, the same will come to an end on expiry of six months from today unless in an exceptional case by a speaking order such stay is extended". This observation was made by the Supreme Court recently in which one of the following cases:

  1. Asian Resurfacing of Road Agency Pvt. Ltd, v. Central Bureau of Investigation 2018 (5) SCALE 269

  2. Board of Control for Cricket in India

v. Kochi Cricket Pvt. Ltd. 2018 (d) SCALE 502

  1. State of Karnaiaka by its Chief Secretary v. State of Tamil Nadu by its Chief Secretary & Ors. (2018) 4 SCC 1

  2. Chand Devi Daga & Ors. v. Manju K. Humatani & Ors. (2018) 1 SCC 71


Answer: Option A


  29.

Under section 47 of Code of Civil Procedure parties to the suit means

  1. The parties themselves

  2. The representatives of the parties

  3. The auction purchaser in execution of decree

  4. All the above


Answer: Option D


  30.

A receiver appointed in respect of any property under Order XL of Code of Civil Procedure

  1. Has a right to deal with the property, the way he likes generally

  2. Has a right to deal with the property only with the leave of the court

  3. Has a right to deal with the property without the leave of the court

  4. Both A and C


Answer: Option B


Which of the following is not the requirement for stay of suit under Section 10 of the Code of Civil Procedure?

  1. That parties to both the suits must be the same

  2. That the matter in issue in the second suit must be directly and substantially in issue in prior suit

  3. That prior suit must be pending in the same court or in any court in India, having jurisdiction to grant the relief claimed

  4. That where the previously instituted suit is pending, such court is of competent jurisdiction to grant the relief claimed in subsequent suit


Answer: Option D


  32.

The provisions of O. 17, r 3 does not apply unless:

  1. The hearing is adjourned on the application of a party to the suit, as distinguished from an adjournment by the court of its own motion

  2. The hearing is adjourned on the application of the party who subsequently makes the default

  3. The adjournment is granted to enable the party to produce his

evidence, or to cause the attendance of his witness, or to perform any other act necessary to the further progress of the suit

  1. The party fails to perform any of the acts for which the adjournment was granted within the time allowed by the court

A. 1, 2, 4

B. 3, 4

C. 2, 4

D. All of these


Answer: Option D


  33.

Which of the following deals with the frame of suit in the Code of Civil Procedure?

  1. Order 8, Rule 1

  2. Order 6, Rule 2

  3. Order 3, Rule 3

  4. Order 2, Rule 1


Answer: Option D


  34.

A notice in writing under Section 80 of the Civil Procedure Code has to be given to the:

  1. Secretary to Central Government in case of suit against that Government

  2. President of India in case of suit against the Central Government

  3. Secretary of Railways, in case of suit against Central Government involving railways

  4. A and C both


Answer: Option A


  35.

The propositions are: Under Order XVIII, Rule 2 of Code of Civil Procedure

  1. Written arguments can be filed before the conclusion of oral arguments

  2. A copy of the written arguments shall be punished simultaneously to the other party

  3. Adjournment shall be granted generally for the purpose of filing the written arguments

  4. the Court cannot fix any time-limit for oral arguments

Which of the following is correct in respect of the aforesaid propositions:

  1. 1 and 3 are correct, 2 and 4 are incorrect

  2. 1 and 2 are correct, 3 and 4 are incorrect

  3. 1 and 4 are correct, 2 and 3 are incorrect

  4. 3 and 4 are correct, 1 and 2 are incorrect


Answer: Option B


  36.

What does 'Pauper Suit' mean?

  1. Suit by third party

  2. Suit by public servant

  3. Suit by indigent person

  4. Suit by legal representative


Answer: Option C


  37.

A fresh suit in respect of the same cause of action is permissible

  1. Where a suit is dismissed under Order 9, Rule 8

  2. Where a suit is dismissed under Order 9, Rule 3

  3. Where the suit abates under Order 22, Rule 3(2)

  4. Where the plaintiff abandons the suit under Order 23, Rule 1(1)


Answer: Option B


  38.

Civil Procedure Code: Suit against Government shall not be instituted until the expiration of

  1. One month next after notice in writing has been delivered

  2. Three month after notice in writing has been delivered

  3. Two month after notice in writing has been delivered

  4. Six month after notice in writing has been delivered


Answer: Option C


  39.

The rule of 'res-judicata' is not applicable in the writ of:

  1. Quo-warranto

  2. Prohibition

  3. Habeas Corpus

  4. Mandamus


Answer: Option C


  40.

As provided in Section 79 of the Code of Civil Procedure a suit by the Central Government must be filed in the name of

  1. The President of India

  2. Attorney General of India

  3. Prime Minister of India

  4. Union of India


Answer: Option D


Under Code of Civil Procedure, Preliminary Decree can be passed in

  1. A suit for partition

  2. A suit for dissolution of partnership

  3. A suit for possession and mesne profit

  4. All of these


Answer: Option D


  42.

When the defendant is proceeded ex parte after filing written statement:

  1. The defendant cannot participate in future proceedings

  2. The defendant can participate in future proceedings

  3. The defendant to participate in future proceedings must ask for setting aside of the ex parte order

  4. The plaintiff has option to allow the defendant to participate


Answer: Option B


  43.

No order under section 47 to be refused or modified unless decision of the case is prejudicially affected under which of the following in the Code of Civil Procedure?

  1. Section 90A

  2. Section 95A

  3. Section 99A

  4. Section 101B


Answer: Option C


  44.

'Set-off' can be claimed

  1. In any suit

  2. In a recovery of money suit

  3. In a suit for possession

  4. In both A and B


Answer: Option B


  45.

The plaint shall not be rejected in one of the following conditions:

  1. Where it does not disclose a cause of action

  2. Where it is not submitted by an advocate

  3. Where the relief claimed in undervalued and it is not corrected after the order of Court

  4. Where the suit appears from the statement in the plaint, to be barred by law


Answer: Option B


  46.

For issuance of commission, section 75 is

  1. Exhaustive

  2. Prohibitory

  3. Illustrative

  4. None of the above


Answer: Option C


  47.

A legal representative under the Code of Civil Procedure means:

  1. A co-sharer of the benefits arising to the parties to the suit

  2. A person, who in law represents the estate of the deceased

  3. A relative of parties to the suit

  4. All of the above


Answer: Option B


  48.

Who is necessary party in Madhya Pradesh under order 1 rule 3B Code of Civil Procedure, 1908 by local amendment?

  1. State Government

  2. The State of Madhya Pradesh through Commissioner

  3. Collector of concern District

  4. Local Body


Answer: Option A


  49.

Jurisdiction lies to the court where the property immovable in nature falls

  1. Particularly in jurisdiction

  2. Substantially in jurisdiction

  3. Both A and B

  4. Only to High Court


Answer: Option B


  50.

Books of account

  1. Are liable to attachment and sale in execution of a decree

  2. Are not liable to attachment and sale in execution of a decree

  3. Are no evidence in the eye of law

  4. Can be the sole evidence to decide a suit


Answer: Option B


Which of the following deals with particular interrogatories to be submitted in the Code of Civil Procedure?

  1. Order 11, Rule 2

  2. Order 4, Rule 13

  3. Order 6, Rule 10

  4. Order 13, Rule 22


Answer: Option A


  52.

Under Section 2(9) of the Code of Civil Procedure 'Judgement' means:

  1. Decree

  2. Order

  3. Statement on grounds of a decree or order

  4. Decree and order


Answer: Option C


  53.

Inherent powers conferred under Section 151 of the Code of Civil Procedure, 1908, may be exercised by the

  1. Supreme Court only

  2. High Court only

  3. District Court only

  4. Supreme Court, High Court, District Court as well as by any Civil Court


Answer: Option D


  54.

Where a dispute is referred by the court under section 89 of Code of Civil Procedure, for mediation the proceedings shall be governed by

  1. The provision of the Arbitration and Conciliation Act, 1996

  2. The provision of the Legal Services Authority Act, 1987

  3. Either A or B

  4. Neither A nor B


Answer: Option D


  55.

A foreign judgment may not be conclusive if it has not been given on the merits of case

  1. Only true in criminal cases

  2. Is a true fact

  3. Only true is matrimonial cases

  4. Not a true statement


Answer: Option B


  56.

Attachment before judgment can be ordered

  1. Under Order XXXVIII, Rule 1 of Code of Civil Procedure

  2. Under Order XXXVIII, Rule 3 of Code of Civil Procedure

  3. Under Order XXXVIII, Rule 5 of Code of Civil Procedure

  4. Under Order XXXVIII, Rule 7 of Code of Civil Procedure


Answer: Option C


  57.

The expression, "Each party shall bear his own costs" implies that

  1. Both the parties are entitled to cost from each other

  2. Both the parties are not to be deprived of costs

  3. Both the parties are to be deprived of costs

  4. Both the parties are not entitled to cost from each other


Answer: Option C


  58.

Under which Section of the Civil Procedure Code a second appeal can be filed

  1. Section 99

  2. Section 99A

  3. Section 100

  4. Section 100A


Answer: Option C


  59.

Which of the following deals with where neither party appears, suit to be dismissed in the Code of Civil Procedure?

  1. Order 9, Rule 3

  2. Order 4, Rule 13

  3. Order 6, Rule 10

  4. Order 10, Rule 22


Answer: Option A


  60.

A document was in the joint possession of X and Y. In a suit between Y and Z, Z requested the court for the discovery of that document. Y informed the court about the nature of the document and also stated that X is not consenting to produce the document. Z requested the court to compel Y for the production of the document as it is in the joint possession. Decide whether the court will compel Y for the production of the document.

  1. Yes

  2. No

  3. Facts are not sufficient to decide

  4. None of the above


Answer: Option B


Which is the correct statement in context of summary procedure for civil suits?

  1. May be invoked for recovery of a liquidated demand in money payable by the defendant arising out a written contract

  2. May be applied suo motu by any civil court in its discretion in the interest of expeditious adjudication

  3. Requires the defendant to seek leave to defend which, if granted, must be unconditional

  4. All these statements are not correct


Answer: Option A


  62.

A suit was instituted impleading the defendants in a representative capacity. Publication of the notice of the suit was made in a leading daily as directed by Court while granting permission under Order I, Rule 8.

Later on the suit happened to be dismissed for default. Plaintiff filed application under Order IX, Rule 9 to restore the suit. Is it necessary to direct publication of the notice regarding the restoration application also in a leading daily to have effective service on all the persons interested?

  1. No

  2. Yes, but only when such suit is either to be withdrawn or compromised

  3. Yes, but only when leave is to be obtained

  4. In both the conditions mentioned in B and C


Answer: Option B


  63.

A', a resident of Delhi, files a suit at Delhi for infringement of Trade Mark by 'B', a resident of Mumbai, for using the Mark at Mumbai.

  1. The court at Delhi has jurisdiction

  2. The court at Delhi has no jurisdiction because 'B' is a resident of Mumbai and cause of action has arisen in Mumbai

  3. The court at Delhi has jurisdiction with leave of court

  4. The court at Delhi has jurisdiction only if 'A' does not have an office in Mumbai


Answer: Option D


  64.

Under Civil Procedure Code find the incorrect match:

  1. Section 5 ⇔ Revenue Court

  2. Section 7 ⇔ Provincial Small Causes Court

  3. Section 9 ⇔ Pecuniary Jurisdiction of Courts

  4. Section 8 ⇔ Presidency Small Causes Courts


Answer: Option C


  65.

Section 11 of the Code of Civil Procedure contains:

  1. Five Explanations

  2. Six Explanations

  3. Seven Explanations

  4. Eight Explanations


Answer: Option D


  66.

Affidavit in answer to interrogatories shall be filed

  1. Within 7 days of the order

  2. Within 10 days of the order

  3. Within 14 days of the order

  4. Within 15 days of the order


Answer: Option B


  67.

The plaints in bank suits should specifically disclose which of the following ingredients?

  1. The rate of interest charged from time to time from the date of loan to date of suit

  2. The rates of interest permissible as per circular/directives of Reserve Bank of India for the corresponding period

  3. An averment that in the statement of account, the debits regarding interest and other charges are in accordance with the terms of contract and Reserve Bank of India directive

  4. All of these


Answer: Option D


  68.

The authority to annul, alter or add to the rules in the First Schedule of the Code of Civil Procedure rests with the;

  1. High Court

  2. State Government

  3. Supreme Court with the previous approval of rules by the Central Government

  4. High Court with the previous approval of rules by the State Government


Answer: Option D


  69.

Select the correct statement

  1. A suit can be filed to enforce the negative covenant contained in an agreement even if the specific performance cannot be granted provided that the plaintiff has not failed to perform all of his obligations under the agreement

  2. A suit can be filed to enforce negative covenant/agreement even if a specific performance cannot be granted provided the agreement pertains to an immovable property only

  3. A suit can be filed to enforce a negative covenant when no specific

performance of an agreement can be granted only if the negative covenant is in terms of a duly registered agreement before a Sub-Registrar under the Registration Act

  1. A suit to enforce negative covenant can be filed, even if specific performance of the agreement cannot be sought, only if the suit to enforce the negative covenant is filed only before the High Courts of Delhi, Kolkata, Mumbai or Chennai


Answer: Option A


  70.

Which of the following amendments can be allowed under Order VI, Rule 17 of the Civil Procedure Code 1908?

  1. Amendment for granting relief on the basis of different approaches to the same facts

  2. Amendment taking note of subsequent events

  3. Amendment for correcting the misdescription of property

  4. All of the above


Answer: Option D


Even an indigent person too has been provided right to appeal by the Code of Civil Procedure, 1908 in

  1. Order 34

  2. Order 24

  3. Order 43

  4. Order 44


Answer: Option D


  72.

The rule of constructive res judicata is-

  1. A product of judicial interpretation

  2. A rule of equity

  3. Contained expressly in Code of Civil Procedure

  4. A part of Supreme Court rules


Answer: Option C


  73.

A sues B for rent; B pleads abatement of rent on the ground that the area is less than that entered in the lease.

The court finds that the area is greater than that shown in the lease.

  1. The finding as to the excess area is not res judicata for it is only ancillary to the direct and substantial issue whether the area is equal to that shown in the lease; or less

  2. The finding as to the excess area is res judicata for it is ancillary to the direct and substantial issue whether the area is equal to that shown in the lease; or less

  3. The finding as to the excess area is not res judicata for it is ancillary to the direct and substantial issue whether the area is equal to that shown in the lease; or less

  4. None of these


Answer: Option A


  74.

Which of the following statements is most appropriate?

  1. The institution of the appeal does not by itself operate as stay of the decree appealed against

  2. The appellate court has the power to stay the execution of the impugned decree

  3. Both A and B are correct

  4. Only A is correct and B is incorrect


Answer: Option C

75.

Defendant can claim temporary injunction in a suit filed by the plaintiff

  1. To prevent the suit property being alienated or damaged

  2. To prevent the plaintiff from dispossessing defendant from the suit properly

  3. To prevent the plaintiff from causing any legal injury to the defendant

  4. All of the above


Answer: Option A


  76.

Which of the following deals with judgment and decree in the Code of Civil Procedure?

  1. Section 30

  2. Section 29

  3. Section 33

  4. Section 25


Answer: Option C


  77.

The provisions regarding 'friendly suits' are in:

  1. Section 90, Order 36 of the Code of Civil Procedure

  2. Section 88, Order 35 of the Code of Civil Procedure

  3. Order 34 of the Code of Civil Procedure

  4. Order 33 of the Code of Civil Procedure


Answer: Option A


  78.

In cases where the amount or value of the subject matter of the suit does not exceed fifty rupees, the period of

detention under Order XXXVIII, Rule 4 of Code of Civil Procedure cannot

  1. Exceed two weeks

  2. Exceed six weeks

  3. Exceed two months

  4. Exceed three months


Answer: Option B


  79.

A revision under Section 115 of the Civil Procedure Code 1908 shall not operate as a stay of suit or on other proceedings before the court except where such suit or other proceeding is stayed by:

  1. The High Court

  2. The Supreme Court

  3. The Appellate Court

  4. District and Sessions Court


Answer: Option A


  80.

Under Section 148 of the Code of Civil Procedure, the Court has power to enlarge time:

  1. Not exceeding 30 days in total

  2. Not exceeding 60 days in total

  3. Not exceeding 90 days in total

  4. As may be appropriate in the facts and circumstances of the suit


Answer: Option A


Under Order VI, Rule 17 of Code of Civil Procedure, an application for amendment of pleadings can be allowed

  1. Before the commencement of trial

  2. After the commencement of trial

  3. Either before or after the commencement of trial

  4. None of the above


Answer: Option C


  82.

A owes B Rs. 100. B sues A for the amount, having made no demand for payment and having no reason to believe that the delay caused by making a demand would place him at a disadvantage. On the plaint being filed, A pays the money into Court. B accepts it in full satisfaction of his claim.

  1. The Court should not allow him any costs

  2. The litigation being presumably groundless on his part

  3. Both A and B

  4. None of these


Answer: Option C


  83.

Which of the following deals with power of Court to permit a person or body of persons to present opinion or to take part in proceedings?

  1. Order 1, Rule 8A

  2. Order 5, Rule 2B

  3. Order 3, Rule 3A

  4. Order 4, Rule 6A


Answer: Option A


  84.

Which of the following deals with power of High Court to require evidence to be recorded in English in the Code of Civil Procedure?

  1. Section 138

  2. Section 133

  3. Section 132

  4. Section 140


Answer: Option A


  85.

Interrogatories shall be answered as provided under Order XI, Rule 8 of Code of Civil Procedure

  1. On a simple application

  2. On an affidavit

  3. By filing the documents

  4. All of the above


Answer: Option B


  86.

Provisions of Section 39 of Code of Civil Procedure are:

  1. Permissive and not mandatory

  2. Mandatory and not permissible

  3. Mandatory and discretionary

  4. None of the above


Answer: Option A


  87.

A person who is appointed to protect the disputed property is known as

  1. A judgement debtor

  2. Commissioner

  3. Receiver

  4. A pauper


Answer: Option C


  88.

Provisions of Section 80 of Code of Civil Procedure are binding on

  1. The Court of a Civil Judge

  2. The Court of District Judge

  3. The High Court

  4. All of the above


Answer: Option D


  89.

Which of the following deals with service on several defendants in the Code of Civil Procedure?

  1. Order 7, Rule 38

  2. Order 2, Rule 21

  3. Order 5, Rule 11

  4. Order 4, Rule 9


Answer: Option C


  90.

Under Order 40, rule 1 of Code of Civil Procedure, a receiver can be appointed

  1. Only before Decree

  2. Only after Decree

  3. Both before or after Decree

  4. Before presentation of plaint


Answer: Option C


Which of the provision of the Code of Civil Procedure, 1908 provides that the objection regarding territorial or pecuniary jurisdiction has to be raised at the first available opportunity?

  1. Section 10

  2. Section 11

  3. Section 20

  4. Section 21


Answer: Option D


  92.

On the retirement, removal or death of a next friend, under Order, XXXII, Rule 10 of Code of Civil Procedure, the suit is liable to be

  1. Stayed

  2. Dismissed

  3. Rejected

  4. Either A, B or C


Answer: Option A


  93.

In set-off, court fee is

  1. Payable

  2. Not-payable

  3. Discretionary

  4. Only B not A


Answer: Option A


  94.

Who establishes a court of session?

  1. Central Government

  2. State Government

  3. High Court

  4. Supreme Court


Answer: Option B


  95.

During the period of conclusion of hearing and the pronouncing of the judgment, if either party dies, under Order 22, Rule 6 of Code of Civil Procedure

  1. The proceedings shall abate

  2. The proceedings shall not abate irrespective of whether the cause of action survives or not

  3. It is the discretion of the Court to order abatement or non-abatement or not

  4. None of the above


Answer: Option B


  96.

Civil Procedure Code, 1908 is not applicable to which of the following namely

  1. Civil matters

  2. Revenue matters

  3. Service matters

  4. Land law and local laws


Answer: Option D


  97.

A agrees to sell his property to B for Rs. 2,000 to be paid to A on the execution of the conveyance. The purchase- money payable to A is not a 'debt' owing to him by B until the conveyance is executed.

  1. It can be attached before the execution of the conveyance in execution of a decree against A

  2. It cannot be attached before the execution of the conveyance in execution of a decree against A

  3. Either A or B

  4. None of these


Answer: Option B


  98.

Which one of the following under Code of Civil Procedure is not correctly matched:

  1. Section 50 ⇔ Legal Representative

  2. Section 77 ⇔ Letter of Request

  3. Section 80 ⇔ Notice

  4. Section 11 ⇔ Res-Sub-judice


Answer: Option D


  99.

Which of the following deals with the exclusion of counter claim in the Code of Civil Procedure?

  1. Order 8, Rule 6C

  2. Order 4, Rule 13

  3. Order 6, Rule 10

  4. Order 10, Rule 22


Answer: Option A


  100.

Provisions with regard to res judicata are provided in Section of

the Code of Civil Procedure, 1908.

  1. Section 9

  2. Section 12

  3. Section 100

  4. Section 11


Answer: Option D

In a suit for partition three defendants were set ex parte. Preliminary decree was passed. On the application of one of the three defendants the Court set aside the decree as against all the defendants. The order of the court is

  1. Legal

  2. Irregular

  3. Unjustified

  4. Illegal


Answer: Option A


  2. Which of the following with the power of High Court to determine issues of fact in the Code of Civil Procedure?

  1. Section 111

  2. Section 105

  3. Section 108

  4. Section 103


Answer: Option D


  3. Under Section 115 of the Civil Procedure Code, revision may lie to

  1. The Supreme Court

  2. The High Court

  3. District Court

  4. All of the above


Answer: Option B


  4. A plaintiff can file a second suit on the subject matter of an earlier suit filed by him:

  1. Where the earlier suit was unconditionally withdrawn

  2. Where the first suit was dismissed in fault in the presence of the defendant, subject to law of limitation

  3. Where the first suit was dismissed on merits but the plaintiff feels that the decision in wrong

  4. None of the above


Answer: Option D


  5. Order VII Rule 11 of the Code of Civil Procedure provides for

  1. Rejection of the plaint

  2. Return of the plaint

  3. Dismissal of the suit

  4. All of the above depending on the facts of the case


Answer: Option A


  6. The doctrine of constructive res judicata is explained in:

  1. Section 11, explanation III of Code of Civil Procedure

  2. Section 11, explanation IV of Code of Civil Procedure

  3. Section 11, explanation V of Code of Civil Procedure

  4. Section 11, explanation VI of Code of Civil Procedure


Answer: Option B


  7. A . . . . . . . . is said to take place when the High Court calls for the record of any case decided by a subordinate court and passes an appropriate

order.

  1. Reference

  2. Review

  3. Revision

  4. Appeal

Answer: Option C Solution:

In the context of the Code of Civil Procedure, the process described is known as Revision. This occurs when the High Court requests the record of a case decided by a lower court and then issues an appropriate order. It is not a review, reference, or appeal. So, the correct answer is Option C: Revision.

  8. Where a decree is passed against the Union of India or a State for the act done in the official capacity of the officer concerned, under Section 82

Code of Civil Procedure, execution shall not be issued on any such decree unless the decree remains unsatisfied for a period of

  1. 3 months from the date of the decree

  2. 6 months from the date of the decree

  3. 1 year from the date of the decree

  4. 2 years from the date of the decree


Answer: Option A


  9. Which of the following deals with order to apply to minors in the Code

of Civil Procedure?

  1. Order 16, Rule 10

  2. Order 11, Rule 23

  3. Order 6, Rule 10

  4. Order 13, Rule 22


Answer: Option B


  10.

Which is not a decree?

  1. Rejection of a plaint

  2. Order of dismissal for default

  3. Determination of any question within section 144 of Code of Civil Procedure

  4. Conclusive adjudication that determines the rights of the parties with regard to all or any of the matters in controversy in the suit


Answer: Option B


Maximum period of detention where the decree is for more than Rs. 5,000 is

  1. Six weeks

  2. Two months

  3. Three months

  4. Six months


Answer: Option C


  12.

A decision or finding given by a Court or a Tribunal without jurisdiction:

  1. Can operate as res judicata under all circumstances

  2. Cannot operate as res judicata

  3. Cannot operate as res judicata under certain circumstances only

  4. May operate as res judicata or may not operate as res judicata


Answer: Option B


  13.

A person claiming a right to appear before the court may lodge a caveat under which provision of the Civil Procedure Code, 1908 . . . . . . . .

  1. Section 148

  2. Section 148A

  3. Section 151

  4. None of the above

Answer: Option B


  14.

Under which explanation of Section 11 of the Code of Civil Procedure, 1908, Constructive Res Judicata has been explained?

  1. Explanation-I

  2. Explanation-II

  3. Explanation-III

  4. Explanation-IV


Answer: Option D


  15.

On the ground of jurisdiction, under section 13 of Code of Civil Procedure

  1. Only a judgment in personam can be challenged

  2. Only a judgment in rem can be challenged

  3. Both judgment in personam and judgment in rem, can be challenged

  4. Neither a judgment in personam nor judgment in rem can be challenged


Answer: Option C


  16.

The Court may impose a fine for default upon a person required to give evidence or to produce documents directed under Section30(b) of Code of Civil Procedure, and such fine as per Section 32(c) is not to exceed

A. Rs. 500

B. Rs. 1,000

C. Rs. 5,000

D. Rs. 10,000


Answer: Option C


  17.

A suit for damages for breach of contract can be filed at a place:

  1. Where the contract was executed

  2. Where the contract was to be performed

  3. Where the plaintiff resides

  4. Both A and B


Answer: Option D


  18.

Mark the incorrect statement:

  1. The mesne profits are a compensation which is penal in nature

  2. The object of awarding a decree for mesne profits is to compensate the person who has been kept out of possession and deprived of enjoyment of his property

  3. Wrongful possession by the defendant is the essence of a claim for mesne profits

  4. Mesne profits can be claimed in respect of both movable and immovable property


Answer: Option D


  19.

Certain topics under the Code of Civil Procedure are described hereunder in List-I while their Section/Order numbers are mentioned in List-Il, Match the entries of List-I and List-

Il and write the correct answer:


d. Suit by indigent persons

4. Order 38

A. a-2, b-1, c-3, d-4

B. a-3, b-2, c-1, d-4

C. a-3, b-4, c-1, d-2

D. a-1, b-2, c-3, d-4


Answer: Option C


  20.

For the examination of a person who is a resident within the local limits of jurisdiction of a court, commission

  1. Can be issued under Order XXVI, Rule 4 of Code of Civil Procedure

  2. Can be issued under Order XXVI, Rule 4A of Code of Civil Procedure

  3. Can be issued under either A or B

  4. Cannot be issued under either A or B


Answer: Option A


The principle of 'constructive res judicata' has been provided under which Section of the Code of Civil Procedure, 1908?

  1. Section 11, Explanation I

  2. Section 11, Explanation VI

  3. Section 11, Explanation VIII

  4. Section 11, Explanation IV


Answer: Option D


  22.

Attachment before judgment under Order XXXVIII, Rule 5 of Code of Civil Procedure can be in respect of

  1. Movable property

  2. Immovable property

  3. Both A and B

  4. Only B and not A

Answer: Option C


  23.

A decree shall not operate as resjudicata when

  1. Judgment is passed by a Court which does not have subject jurisdiction

  2. Judgment is obtained by fraud

  3. If collusion is proved between parties

  4. All these


Answer: Option D


  24.

If the appeal is heard by a single judge bench of a High Court, where does further appeal lie

  1. Only to the S. C.

  2. No further appeal

  3. By division bench of H. C.

  4. None of these


Answer: Option B


  25.

Which one of the following sections of the Civil Procedure Code, 1908 deals with the essence of this code that "Objections as to local or pecuniary jurisdiction shall be raised at the first opportunity"

  1. Section 21

  2. Section 22

  3. Section 24

  4. Section 25


Answer: Option A


  26.

A party can amend his pleading as provided under:

  1. Order 6, Rule 16

  2. Order 6, Rule 18

  3. Order 6, Rule 17

  4. Order 6, Rule 6


Answer: Option B


  27.

Abatement of proceedings is governed

  1. By Order XXII of Code of Civil Procedure

  2. By Order XXIII of Code of Civil Procedure

  3. By Order XXIV of Code of Civil Procedure

  4. By Order XXVII of Code of Civil Procedure


Answer: Option A


  28.

Under Order IX, Rule 4 of Code of Civil Procedure a suit can be restored if dismissed

  1. Under Order IX, Rule 2 of Code of Civil Procedure

  2. Under Order IX, Rule 3 of Code of Civil Procedure

  3. Under Order IX, Rule 8 of Code of Civil Procedure

  4. Only under A and B


Answer: Option D


  29.

Which of the following deals with non-compliance with order for discovery in the Code of Civil Procedure?

  1. Order 16, Rule 2

  2. Order 4, Rule 13

  3. Order 6, Rule 10

  4. Order 11, Rule 21

Answer: Option D


  30.

Right to appeal from every original decree has been provided under

  1. Section 94 of Code of Civil Procedure

  2. Section 95 of Code of Civil Procedure

  3. Section 96 of Code of Civil Procedure

  4. Section 100 of Code of Civil Procedure


Answer: Option C


With respect to the principle of res- judicata which of the following is not correct

  1. Ex-parte decree will operate as res- judicata

  2. Writ petition dismissed on merits operates as res-judicata

  3. Writ petition dismissed in limine operates as res-judicata

  4. Both A and C


Answer: Option C


  32.

Which of the following types of allegation constitute jurisdictional errors?

  1. Exercise of jurisdiction not vested in the court below by the law

  2. A jurisdiction vested in it by law was failed to be exercised and/or has acted in the exercise of its jurisdiction illegally or with material irregularity

  3. Either A or B

  4. None of these


Answer: Option C


  33.

A court may issue a commission to:

  1. Make local investigation

  2. Make partition

  3. Adjust accounts

  4. All of the above


Answer: Option D


  34.

Issues in a civil suit are framed:

  1. When plaint is filed

  2. After written statement is filed

  3. After affidavit by way of evidence has been filed by the plaintiff

  4. Before final arguments


Answer: Option B


  35.

Match List-I with List-II and select the correct answer:

List I

List II

a. Objections to jurisdiction

1. Razia Begam v. Sahebjadi Anwar Begam

b. Addition of Parties

2. Kiran Singh v. Chaman Paswan

c. Constructive res judicata

3. American Cyanamid Co. v. Ethicon Ltd.


d. Temporary injunction

4. Workmen v. Board of Trustees, Cochin Port Trust

A. a-2, b-1, c-4, d-3

B. a-1, b-3, c-2, d-4

C. a-4, b-2, c-3, d-1

D. a-3, b-4, c-1, d-2


Answer: Option A

36.

In which of the following ways section 73 differs from the corresponding section 295 of the Code of Civil Procedure, 1882?

  1. The words, 'where assets are held by a court,' have been substituted for words, 'whenever assets are realised by sale or otherwise in execution of a degree.'

  2. The words, 'before the receipt of such assets,' have been substituted for the words, 'prior to the realisation'

  3. The words, 'by which such assets are held' are omitted after the words 'made application to the court'

  4. The word, 'passed' has been added after the word, 'money'

  5. The words, 'interest in,' in cl. (b) have been substituted for the words, 'right against' to bring the wording of that clause into line with the Transfer of Property Act, 1882. This is a mere verbal alteration

A. 1, 3

B. 2, 4

C. 4, 5

D. All of these


Answer: Option D


  37.

In a suit for recovery instituted by A against B, despite the summons of suit having been duly served upon B, he did not appear on the date fixed in the summons on 1st March 1993. The court consequently on 1st March 1993 passed an ex parte order against B and listed the case for 3rd April 1993 for ex parte evidence of A.

  1. B can participate in further proceedings of the case

  2. B can seek setting aside of the ex parte order if he is able to show good cause for his non-appearance

  3. Both A and B are correct

  4. Both A and B are incorrect


Answer: Option C


  38.

The rule of res judicata is based on the principle that:

  1. There should be an end to litigation

  2. No one should be troubled twice for the same cause of action

  3. Both A and B

  4. Neither C nor D


Answer: Option C


  39.

A suit dismissed under Order IX, Rule 8 of Code of Civil Procedure for non- appearance of the plaintiff can be restored under:

  1. Order IX, Rule 9

  2. Order IX, Rule 10

  3. Order IX, Rule 11

  4. None of the above


Answer: Option A


  40.

Dasti summons for service on the defendant can be given to the plaintiff under:

  1. Order V Rule 9A, Code of Civil Procedure

  2. Order V Rule 9, Code of Civil Procedure

  3. Order IV Rule 7, Code of Civil Procedure

  4. Order VI Rule 6, Code of Civil Procedure

Answer: Option A


Which of the following combinations are correctly matched-

  1. Equity of ⇔ Section 49 Code of Civil Procedure judgement debtor

  2. Privileged ⇔ Section 29 Code of Civil Procedure documents

  3. Legal ⇔ Section 50 Code of Civil Procedure representative

  4. Pauper suit ⇔ Order 33 Code of Civil Procedure

Select correct answer:

  1. 1, 2 and 3

  2. 1, 2 and 4

  3. 2, 3 and 4

  4. 1, 3 and 4


Answer: Option D


  42.

Under Section 80 of Civil Procedure Code-

  1. Ninety days

  2. Sixty days

  3. Three months

  4. Two months notice in writing is required to be delivered before institution of a suit against the Government


Answer: Option D


  43.

Second appeal before the High Court is entertained on:

  1. Question of fact

  2. Mixed question of law and feet

  3. Substantial question of law

  4. Question of law


Answer: Option C


  44.

Under Code of Civil Procedure which one of the following is liable to attachment and sale in execution of a decree?

  1. Necessary wearing apparel

  2. Promissory Notes

  3. Tools of artisans

  4. Books of accounts


Answer: Option B


  45.

Section 10 of the Code of Civil Procedure provides for

  1. Stay of the suit

  2. Summoning witness

  3. Examination of witness

  4. Sentencing the judgement


Answer: Option A


  46.

Complete the statement- A Court cannot issue commission:

  1. To examine any person

  2. To make a partition

  3. To collect evidence

  4. To examine or adjust accounts


Answer: Option C


  47.

In which of the following cases the Supreme Court held that delay in pronouncing the judgment amounts to denial of justice?

  1. Surendra Singh v. State of Uttar Pradesh

  2. Anil Rai v. State of Bihar

  3. State of Uttar Pradesh v. Chandra Bhushan

  4. None of the above

Answer: Option B


  48.

Which of the following is not correct regarding the powers of Appellate Court?

  1. Appellate Court has power to determine a case finally

  2. Appellate Court has power to remand the case

  3. Appellate Court has no power to take additional evidence

  4. Appellate Court has power to frame issue and refer them for trial


Answer: Option C


  49.

Which of the following deals with power of court to issue commissions in the Code of Civil Procedure?

  1. Section 75

  2. Section 72

  3. Section 59

  4. Section 78


Answer: Option A


  50.

A suit filed on behalf of a minor can be

  1. Withdrawn at any time as a matter of right

  2. Cannot be withdrawn

  3. Withdrawn only with the leave of the court

  4. Either A or B


Answer: Option C


The assets held to be not available for the rateable distribution under Section 73 of the Code of Civil Procedure:

  1. Sale proceeds realised from auction sale

  2. Deposit made by a defaulting purchaser

  3. Money realised in execution of decree

  4. Deposit of earnest money


Answer: Option D


  52.

Private alienation of property after attachment under the Code of Civil Procedure, 1908 shall be void according to

  1. Section 34

  2. Section 44

  3. Section 54

  4. Section 64


Answer: Option D


  53.

Under which provision of Code of Civil Procedure the court has jurisdiction to reject the plaint, which does not disclose a cause of action or where there is suppression of material fact.

  1. Order 7 Rule 11

  2. Order 8 Rule 1

  3. Order 7 Rule 1

  4. Order 5 Rule 1


Answer: Option A


  54.

No evidence is required to be pleaded in:

  1. Written statement

  2. Writ petition

  3. Counter affidavit

  4. All of the above

Answer: Option D


  55.

Which of the following deals with power to order any point to be proved by affidavit in the Code of Civil Procedure?

  1. Order 12, Rule 5

  2. Order 14, Rule 20

  3. Order 19, Rule 1

  4. Order 11, Rule 7


Answer: Option C


  56.

Which one of the following cases is on second appeal?

  1. Madan Lal v. Bai Krishna

  2. Sudhir G. Angur v. M. Sanjeev

  3. Sheodan Singh v. Daryao Kunwar

  4. Harshad Chiman Lal Modi v. D. L. F. Universal Ltd.


Answer: Option A


  57.

Where immovable property forms one estate situate within the local limits of the jurisdiction of two or more courts:

  1. Anyone court may sell the entire estate

  2. The court can sell only that part which is within its jurisdiction

  3. None of the courts can sell any part of the estate

  4. That court can sell the entire estate within whose jurisdiction majority portion of the property is situate(d)


Answer: Option A


  58.

Which of the following deals with style of foreign Rulers as parties to suits in the Code of Civil Procedure?

  1. Section 90

  2. Section 88

  3. Section 87

  4. Section 82


Answer: Option C


  59.

On production of a certified copy of the foreign judgment, the presumption as to the competency of the court, under section 14 of Code of Civil Procedure is a:

  1. Presumption of fact

  2. Presumption of fact and law both

  3. Rebuttable presumption of law

  4. Irrebuttable presumption of law


Answer: Option C


  60.

What duration formally under Civil Procedure Code, 1908 has been assigned to submit the written statement after the date of service of summons?

  1. 30 days

  2. 45 days

  3. 60 days

  4. None of the above


Answer: Option A

Assertion (A): The rule of constructive res judicata is applicable to writ petitions.

Reason (R): Public policy considerations underlying res judicata also hold true in relation to writ proceedings.

  1. Both A and R are true and R is the correct explanation of A

  2. Both A and R are true but R is not the correct explanation of A

  3. A is true but R is false

  4. A is false but R is true


Answer: Option A


  62.

Which of the following deals with the publication of rules in the Code of Civil Procedure?

  1. Section 122

  2. Section 127

  3. Section 124

  4. Section 129


Answer: Option B


  63.

Counter claim and set off is under

  1. Criminal Procedure Code

  2. Evidence Act

  3. Civil Procedure Code

  4. Partnership Act


Answer: Option C


  64.

The principle of Res Judicata

  1. Applies to criminal proceedings also

  2. Applies to suit only

  3. Applies to execution proceedings also

  4. Can be decided by the parties to the suit


Answer: Option C


  65.

The nature of Revision under Code of Civil Procedure is that

  1. It operates as a stay of the proceedings

  2. It operates as a stay of a suit

  3. It operates as a stay of proceedings and suit both

  4. It shall not operate as a stay of the suit or proceedings except where such suit or proceedings is stayed by the High Court


Answer: Option D


  66.

Which one of the following modes of settlement of disputes outside the Court has been provided in Section 89 of Code of Civil Procedure?

  1. Arbitration

  2. Conciliation

  3. Negotiation

  4. Mediation


Answer: Option C


  67.

Who has right to make an application for amendment of judgements and orders under Section 152 of Code of Civil Procedure

  1. Person aggrieved

  2. Person aggrieved with permission of court

  3. Any of the parties

  4. Government Pleader


Answer: Option C


  68.

Code of Civil Procedure: The appellant does not appear when the appeal called on for hearing, in that circumstances which is correct of the following statement

  1. The court may make an order that the appeal be dismissed

  2. The court shall dispose of the appeal on merits

  3. The court shall pass an order on merits after hearing the respondent

  4. All of these


Answer: Option A


  69.

A suit for partition contains which of the following decree?

  1. Preliminary decree

  2. Intermediate decree

  3. Final decree

  4. Both a and C


Answer: Option D


  70.

A residing in Delhi publishes in Kolkata statements defamatory of B. B may sue A in

  1. Delhi only

  2. Kolkata only

  3. Either Delhi or Kolkata

  4. Anywhere in India with the leave of the court


Answer: Option C

  1. Women, who due to the customs and manners of the country, ought not be compelled to appear in public are exempted from personal appearance in Court. (B) However nothing shall be deemed to exempt such women from arrest in execution of civil process in any case in which the arrest of women is not prohibited by the Code of Civil Procedure.

  1. Both (A) and (B) of the above statement are correct

  2. Only (A) of the above statement is correct

  3. Only (B) of the above statement is correct

  4. Neither (A) nor (B) is correct


Answer: Option A


  72.

If court is satisfied that a case pending before it involves a question as to validity of any Act, the Court should

  1. Decide the validity of Act

  2. Refer the matter to the High Court

  3. High Court should exercise power to revision

  4. Refer to Supreme Court for advice


Answer: Option B


  73.

The term 'mesne profit' has been defined under which Section of the Code of Civil Procedure, 1908?

  1. Section 2(13)

  2. Section 2(14)

  3. Section 2(18)

  4. Section 2(12)


Answer: Option D


  74.

Under Section 47 of the Code of Civil Procedure, which question does not relate to the execution, discharge or satisfaction of decree?

  1. Whether a decree is executable?

  2. Whether the property is liable to be sold in execution of the decree?

  3. Whether the decree is fully satisfied?

  4. Whether the decree is fraudulent or collusive?

Answer: Option D


  75.

Under Order IV, Rule 1(3) of Code of Civil Procedure, a plaint shall not be deemed to be properly instituted if it does not comply-with the rules contained in

  1. Order IV, Rule 1(1) and 1(2) of Code of Civil Procedure

  2. Order VI of Code of Civil Procedure

  3. Order VII of Code of Civil Procedure

  4. Either A or B or C


Answer: Option A


  76.

Summons to be either to settle issues or for final disposal are dealt under:

  1. Order 7, Rule 3

  2. Order 2, Rule 2

  3. Order 6, Rule 10

  4. Order 5, Rule 5


Answer: Option D


  77.

Under Code of Civil Procedure 1908, if the court finds at any stage that it has no pecuniary jurisdiction with respect to the subject matter of the suit, it will

  1. Dismiss the suit

  2. Proceed with the suit

  3. Amend the suit

  4. Return the suit


Answer: Option D


  78.

How many time period can be extended in aggregate by the court under Rule 5 of Order XXVII of the Code of Civil Procedure, 1908?

  1. Not exceeding 30 days

  2. Not exceeding 15 days

  3. Not exceeding 2 Months

  4. Not exceeding 3 months


Answer: Option D Solution:

Under Rule 5 of Order XXVII of the Code of Civil Procedure, 1908, the court has the authority to extend time periods for various actions within the legal proceedings. According to this rule, the court can extend any time

period prescribed or allowed by the Code for the performance of any act, not exceeding 3 months in aggregate.


This means that the court can extend different time periods for different actions, but the total extension granted by the court for all such time periods combined should not exceed 3 months.


Therefore, the correct option is Option D: Not exceeding 3 months, which accurately represents the maximum time period that can be extended by the court under Rule 5 of Order XXVII of the Code of Civil Procedure, 1908.

  79.

Where a suit plaint seeking relief of possession of an immovable property is rejected under Order VII Rule 11 Code of Civil Procedure, whether filing of a fresh suit is barred?

  1. No, filing of a suit is not barred provided the fresh suit is filed within the period of limitation

  2. No, filing of a fresh suit is not barred provided where a notice under Section 6 of the Specific Relief Act is served before filing of the fresh suit

  3. No, filing of a fresh suit is not barred only if the earlier suit was filed before

commencing of the Civil Procedure Code as amended by Act 22 of 2002

  1. Filing of a fresh suit is barred if the earlier suit/plaint was rejected by the High Court and confirmed by the Supreme Court, and not by a District Court


Answer: Option A


  80.

Amendment allowed under Order VI, Rule 17 of Code of Civil Procedure must be carried on, in cases no time is fixed for carrying on the amendment, within

  1. 10 days

  2. 14 days

  3. 15 days

  4. 30 days


Answer: Option B


The sections of the Code of Civil Procedure, 1908 can be amended by the

  1. High Court

  2. Supreme Court

  3. Attorney General

  4. Parliament


Answer: Option D


  82.

In an Inter-pleader suit, the plaintiff claims:

  1. Interest in the subject matter of the suit

  2. No interest in the subject matter of the suit except charges or costs

  3. No interest in the subject matter of the suit also not claims charges or costs

  4. None of the above

Answer: Option B


  83.

Order XII, Rule 6, permits the court to pass judgment on the basis of statement made by the parties

  1. In the pleadings

  2. In any document

  3. In the statement recorded in the court

  4. Either A or B or C


Answer: Option D


  84.

A alleging that he is the adopted son of X, sues B to recover certain property granted to him by X, under a deed and forming part of X's estate. The court finds that A is not the adopted son of X, but he is entitled to the property under the deed and a decree is passed for A. The finding that A is not the adopted son of X:

  1. Will not operate as res judicata in a subsequent suit between A and B in which the question of adoption is again put in issue

  2. Will operate as res judicata in a subsequent suit between A and B

  3. Depends on the court's discretion

  4. None of the above


Answer: Option B


  85.

In law, the term 'restitution' is used in which of the following senses?

  1. Return or restoration of some specific thing to its rightful owner or status

  2. Compensation for benefits derived from a wrong done to another

  3. Compensation or reparation for the loss caused to another

  4. All of these


Answer: Option D


  86.

Where the serving officer delivers or tenders a copy of the summons 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 summons.

Then:

  1. The copy of the summons will be delivered to the defendant

  2. The original summons with the defendant's signature thereon, will be returned to the court

  3. Both A and B

  4. The original summons with the defendant's signature thereon, will be returned to the plaintiff


Answer: Option C


  87.

Decree for payment of money passed against a woman cannot be executed:

  1. By proceeding against her legal representatives, if she dies

  2. By attachment and sale of her property

  3. By appointing a receiver

  4. By her arrest and detention in prison


Answer: Option D


  88.

The provisions relating to particulars of the written statement and counter claim is in:

  1. Order 8 of Code of Civil Procedure

  2. Order 9 of Code of Civil Procedure

  3. Order 10 of Code of Civil Procedure

  4. Order 11 of Code of Civil Procedure


Answer: Option A


  89.

The Court can issue a Commission for Scientific investigation under

  1. Rule 10-A of Order 26 of Code of Civil Procedure

  2. Rule 10-B of Order 26 of Code of Civil Procedure

  3. Rule 10-C of Order 26 of Code of Civil Procedure

  4. Rule 11 of Order 26 of Code of Civil Procedure


Answer: Option A


  90.

On which ground plaint can not be rejected?

  1. Where it does not disclose cause of Action

  2. Plaint is filed in such court which does not have jurisdiction to try the suit

  3. Where suit appears to be barred by Law

  4. Where plaint is not filed in duplicate


Answer: Option B


  91.

To compel the attendance of a person to whom a summon has been issued under Section 30 of Code of Civil Procedure, 1908, the court is empowered to impose upon him fine not exceeding rupees

A. 500/-

B. 1000/-

C. 5000/-

D. 3000/-

Answer: Option C


  92.

Which of the following statements is incorrect?

  1. Where issues both of law and of fact arise and if the court is of opinion that the case may be disposed of on an issue relating to jurisdiction, it may postpone the settlement of other issues until after the issue of jurisdiction has been determined

  2. Where a suit may be disposed of on preliminary issue, the court need not pronounce judgment on other issues settled in the case

  3. The preliminary issue may relate to a bar to the suit created and law for the time being in force

  4. None of these


Answer: Option B


  93.

An order to appoint Court Commissioner is sought for recording statements of witnesses in the proceedings filed for interim injunction under Order 39, Rule 1 and 2, Code of Civil Procedure

  1. You will reject the application as not maintainable

  2. You will grant the application as permissible

  3. You will pass alternative order for recording statements by visiting the Spot and to give report of fact finding on basis of such statement

  4. You will yourself proceed to record such statements

Answer: Option A


  94.

Which of the following deals with the procedure where defendant only appears in the Code of Civil Procedure?

  1. Order 5, Rule 30

  2. Order 9, Rule 8

  3. Order 6, Rule 10

  4. Order 10, Rule 22


Answer: Option B

Name the provision of the Code of Civil Procedure inserted by the Amendment Act, 1999, the object of which is to promote alternate method of dispute resolution:

  1. Section 89

  2. Section 144

  3. Section 152

  4. Section 158

Answer: Option A



95.

Section 35, 35A and 95 Code of Civil Procedure deals with three different aspects of the award of costs and compensation. The limit under each of the Section is enumerated below. Find the correct limit for award of cost and compensation:

  1. No upper limit, Rs. 3,000, Rs. 50,000

  2. Rs. 50,000, No upper limit, Rs. 3,000

  3. Rs. 3,000, Rs. 50,000 No upper limit

  4. There is no limit in any of the Section

Answer: Option A


  96.

Which of the following statement is correct?

  1. An appeal may lie from an original decree passed ex parte

  2. No appeal shall lie from a decree passed by the Court with the consent of parties

  3. No appeal shall lie on a question of law

  1. Only 1

  2. Only 2

  3. Only 3

  4. Both 1 and 2

Answer: Option D


  97.

98.

Order 7, Rule 10 to 10B provides for:

  1. Return of Plaint

  2. Admission of Plaint

  3. Rejection of Plaint

  4. Documents relied on in Plaint

Answer: Option A


  99.

Which of the following suits is of civil nature?

  1. Suits relating to right to property

  2. Suits relating to right of worship

  3. Suits for damages for civil wrongs

  4. All of the above

Answer: Option D


  100.

Under redemption of

mortgage can be sought by anyone of the legal representatives after death of mortgagor

  1. Order 34 Rule 1 Code of Civil Procedure

  2. Order 33 Rule 1 Code of Civil Procedure

  3. Order 32 Rule 1 Code of Civil Procedure

  4. Order 31 Rule 1 Code of Civil Procedure


Answer: Option A

In which of the following way if a former suit is dismissed, it could not be said of a matter that it was heard and finally decided?

  1. For want of jurisdiction

  2. For default plaintiff under Order 9 Rule 8.

  3. For want of notice

  4. On the ground of non-joinder

  5. For want of cause of action

A. 1, 3

B. 2, 4, 5

C. 3, 4, 5

D. All of these


Answer: Option D


  2. The defendant shall present his written statement within . . . . . . . . days from the service of summons upon him.

A. 90

B. 120

  1. 30

  2. 60


Answer: Option C


  3. Which of the following is the true meaning of the term Legal Representative under the Code of Civil Procedure 1908?

  1. A person who in law represents the estate of a deceased person

  2. Any person who intermeddles with the estate of the deceased and where a party sues in a representative character the person on whom the estate devolves on the death of a party so suing

  3. Any person who intermeddles with the estate of the deceased and where a party is sued in a representative character

the person on whom the estate devolves on the death of a party so sued

  1. All of the above


Answer: Option D


  4. A decision on issue of law:

  1. Shall always operate as res-judicata

  2. Shall never operate as res-judicata

  3. May or may not operate as res- judicata

  4. Either A or B


Answer: Option C


  5. According to Order 2 Rule 3 of Code of Civil Procedure, a plaintiff may unite

in the same suit several . . . . . . . .

against the same defendant.

  1. Issues

  2. Claims

  3. Causes of actions

  4. Debts


Answer: Option C


  6. A files a suit for declaration that he is entitled to certain land as the heir of

C. The suit is dismissed. Subsequently suit is claimed on the basis of adverse possession; subsequent suit is barred on the ground of

  1. Constructive res-judicata

  2. Actual res-judicata

  3. Either A or B

  4. None of the above


Answer: Option A


  7.

Any party may address oral arguments in his case and before the conclusion of oral arguments can submit written arguments and such written arguments

  1. Shall form part of record

  2. Shall not form part of the record

  3. Shall not form part of the record unless it follows affidavit

  4. Shall form of the record only if the court directs


Answer: Option A


  8. In cases where there are more than one defendant, a suit can be instituted in a court within whose local jurisdiction

  1. Each of the defendant at the time of commencement of the suit, actually and voluntarily resides or carries on business or personally works for gain

  2. Any of the defendant, at the time of the commencement of the suit, actually and voluntarily resides, or carries on business, or personally works for gain and the defendant(s) not so residing etc. acquiesce

  3. Both A and B are correct

  4. Only A and not B


Answer: Option C


  9. A suit is dismissed wrongly on the ground of being barred by limitation. The order of dismissal would operate as res judicata and bar a subsequent suit on the same cause of action.

  1. The above statement is true

  2. The above statement is false

  3. It would depend upon the facts and circumstances of each case

  4. None of these


Answer: Option A


  10.

Which of the following deals with the production of document on which plaintiff sues or relies in the Code of Civil Procedure?

  1. Order 5, Rule 30

  2. Order 4, Rule 13

  3. Order 6, Rule 10

  4. Order 7, Rule 14


Answer: Option D


Costs under section 35A of Code of Civil Procedure can be imposed

  1. In an appeal

  2. In a revision

  3. Both in an appeal and a revision

  4. Neither in an appeal nor in a revision


Answer: Option D


  12.

The rule of res sub judice as provided in Section 10 of Civil Procedure Code:

  1. Stays the trial of the subsequent suit

  2. Stays the trial of the previous suit

  3. Prevents simultaneous hearing of previous and subsequent suits under all the circumstances

  4. Stays the institution of the subsequent suit


Answer: Option A


  13.

Revision Petition is not maintainable against the Interlocutory Orders is

mentioned under which section of the Code of Civil Procedure

  1. Section 115

  2. Section 94

  3. Section 96

  4. Section 112


Answer: Option A


  14.

A witness who has already been examined can be recalled under Order 18, Rule 17 of Code of Civil Procedure

  1. By the party calling the witness

  2. By the opposite party

  3. By the Court

  4. None of the above


Answer: Option C


  15.

The general power to transfer suits under section 24 has been granted to:

  1. High Court

  2. District Court

  3. Both A and B

  4. Supreme Court


Answer: Option C


  16.

Precept is:

  1. A transfer of the decree

  2. An order to another competent court to attach any property of the judgement debtor

  3. An execution of decree

  4. None of the above


Answer: Option B


  17.

Arrest of a person in execution of a decree has been provided

  1. Under Section 53 of the Code of Civil Procedure

  2. Under Section 54 of the Code of Civil Procedure

  3. Under Section 56 of the Code of Civil Procedure

  4. Under Section 55 of the Code of Civil Procedure


Answer: Option D


  18.

Which of the following cannot be attached before judgment

  1. Agricultural produce

  2. Production of agricultural produce

  3. Both A and B

  4. Only B and not A


Answer: Option C


  19.

Where an order for compensation against the plaintiff is passed under section 95 of Code of Civil Procedure, section 95(2) of Code of Civil Procedure provides that

  1. A suit for compensation in respect of such arrest, attachment or injunction lies

  2. A suit for compensation in respect of such arrest, attachment or injunction is barred

  3. The amount of compensation awarded shall be adjusted in the amount of compensation awarded in a suit for compensation in respect of such arrest, attachment or injunction

  4. The amount of compensation awarded shall be of no consequences and the court can award compensation independently in a suit for compensation

in respect of such arrest, attachment or injunction


Answer: Option B


  20.

As per Order 2 Rule 1 Code of Civil Procedure, every suit shall as far as practicable be framed so as to:

  1. Afford ground for final decision

  2. To prevent further litigation

  3. Both A and B

  4. None of the above


Answer: Option C


A person who institutes a suit in foreign court and claims a decree in personam, after the judgment is pronounced against him:

  1. Can always challenge the judgment on the ground of competency

  2. Can never challenge the judgment on the ground of competency

  3. Can challenge the judgment on the ground of competency under certain circumstances

  4. Either A or C


Answer: Option B


  22.

Which of the following deals with the application for restitution in the Code of Civil Procedure?

  1. Section 150

  2. Section 146

  3. Section 108

  4. Section 144


Answer: Option D


  23.

Inter-pleader suit can be filed when

  1. There is claim against Pleader (Advocate)

  2. The claim is filed against two or more defendants who have set up rival titles to the property in order to locate real landlord by the tenant for payment of rent

  3. The claim is set up is against two or more trespassers in the property

  4. In suit against two or more indigent person


Answer: Option B


  24.

Rules 6 to 10 of Order 39 of Code of Civil Procedure deal with

  1. Attachment of property

  2. Arrest of persons

  3. Plaints

  4. Interlocutory orders


Answer: Option D


  25.

Interpleader suit has been defined

  1. Under section 88 of Code of Civil Procedure

  2. Under section 89 of Code of Civil Procedure

  3. Under section 90 of Code of Civil Procedure

  4. Under section 91 of Code of Civil Procedure


Answer: Option A


  26.

Words 'competent jurisdiction' under Section 39 of Code of Civil Procedure refers to

  1. Pecuniary jurisdiction of transferee Court

  2. Territorial jurisdiction of the transferee Court

  3. Pecuniary and territorial jurisdiction of the transferee Court

  4. None of the above


Answer: Option C


  27.

Which of the following deals with arrest and detention in the Code of Civil Procedure?

  1. Section 55

  2. Section 50

  3. Section 59

  4. Section 54


Answer: Option A


  28.

Civil Procedure Code: In normal course how many adjournment can be granted by Trial Court on sufficient cause?

  1. 5

  2. 2

  3. 3

  4. No limitation


Answer: Option C


  29.

Jurisdiction of High Court under section 100 of Code of Civil Procedure is to entertain a second appeal which

  1. Involves a substantial question of law

  2. Involves simple question of law not necessarily substantial

  3. Involves a question of fact

  4. Involves any of the above


Answer: Option A

  30.

Which of the following deals with the copy of plaint annexed to summons in the Code of Civil Procedure?

  1. Order 5, Rule 2

  2. Order 2, Rule 2

  3. Order 6, Rule 10

  4. Order 4, Rule 8


Answer: Option A


During the execution proceedings, if a question arises as to whether any person is a representative of a party, such question shall be determined by

  1. The court which passed the decree

  2. The court executing the decree

  3. The appellate court

  4. A separate suit


Answer: Option B


  32.

A compromise which is voidable under Indian Contract Act, 1872 shall not be deemed to be within the

meaning of Order XXIII Rule 3 of Code of Civil Procedure, 1908.

  1. Void

  2. Voidable

  3. Illegal

  4. Lawful

  5. None of the above


Answer: Option D


  33.

A', an Indian citizen, enters into a contract with 'B', a US citizen based in the USA. Certain disputes arise under the contract, and 'B' files a suit in the matter in the civil court of New York.

'A' files a counter claim in the said suit. Subsequently, 'A' files a suit in the same matter in the jurisdictional Civil Court in New Delhi. Is the latter court barred from trying the suit?

  1. Yes, since this will lead to multiplicity of proceedings

  2. Yes, since by filing a counter claim A has accepted the jurisdiction of the courts of New York

  3. No, because the pendency of a suit in a foreign court does not preclude courts in India from trying a suit based on the same cause of action

  4. No, because A is the defendant in the first suit and the plaintiff in the second suit


Answer: Option C


  34.

In which case it was held that the order passed under Section 151 restoring execution case dismissed by the Court while rejecting Decree- holder's prayer for adjournment to take necessary steps, is neither appealable nor revisable-

  1. Keshardeo Chamaria v. Radha Kissen Chamaria

  2. M. P. Shrivastava v. Mrs. Beena

  3. Govardhan Das v. Lachhmiram

  4. Premraj v. D. L. F. Housing and Construction Company


Answer: Option C Solution:

In the case of Govardhan Das v. Lachhmiram, it was held that the order passed under Section 151 of the Code of Civil Procedure, which restores an execution case that was dismissed by the court while rejecting the decree-holder's prayer for adjournment to take necessary steps, is neither appealable nor revisable.

**Please keep in mind that interpretations of legal cases can sometimes differ, and for detailed and accurate information about a specific court case. it is best to refer to the official court records or seek advice from legal experts. As a helpful service, we provide solutions to the questions, but when it comes to legal matters, relying on official and expert sources is essential to get the most reliable information.

  35.

Where an appeal from original decree is dismissed on the ground that it is time barred, then the best recourse and remedy available to the affected party is to

  1. File a review

  2. File revision

  3. File second appeal

  4. File reference


Answer: Option A


  36.

Judgment on admission can be given

  1. Under Order XII, Rule 2 of Code of Civil Procedure

  2. Under Order XII, Rule 4 of Code of Civil Procedure

  3. Under Order XII, Rule 6 of Code of Civil Procedure

  4. Under Order XII, Rule 8 of Code of Civil Procedure


Answer: Option C


  37.

Suit for partition of properties situated in different cities:

  1. Cannot be instituted and separate suits have to be filed in each of the cities where the properties are situated

  2. Can be instituted in a city where any of the properties is situated

  3. Can be instituted in a city where majority of the properties or properties/property of maximum value is situated

  4. Can be instituted where the defendants or any of them reside(s)


Answer: Option B


  38.

X' files a suit against his sister 'Y' seeking partition of properties of their parents. 'Y' in her written statement admits the shares of 'X' and 'Y' in the properties as pleaded by 'X'. The Court should:

  1. Frame issues and direct evidence to be led

  2. Direct admission/denial of documents

  3. Pass judgment forthwith

  4. Direct the parties to enter into compromise


Answer: Option C


  39.

In which of the following cases, the remedy of revision is not available?

  1. Cases in which first appeal lies

  2. Cases in which second appeal lies

  3. Interlocutory orders

  4. All of the above


Answer: Option D


  40.

All orders and notices served on or given to any person under the provisions of Civil Procedure Code shall be in writing has been provided under

  1. Section 141

  2. Section 142

  3. Section 143

  4. Section 144


Answer: Option B


  41.

Temporary injunction granted after hearing the parties, shall be operative

  1. Till the final disposal of the suit

  2. Till the settlement/framing of issues

  3. Till the conclusion of the plaintiff's evidence

  4. Till the completion of pleadings


Answer: Option A


  42.

Subsistence allowance in respect of the person detained in civil imprisonment has to be paid by the

  1. State Government

  2. Central Government

  3. Decree holder

  4. Either A or B or C


Answer: Option C


  43.

Principle of res-subjudice is contained in

  1. Section 10 of Code of Civil Procedure

  2. Section 11 of Code of Civil Procedure

  3. Section 13 of Code of Civil Procedure

  4. Section 14 of Code of Civil Procedure


Answer: Option A


  44.

Which of the following has been repealed by section 7 of the Code of Civil Procedure (Amendment) Act 66 of 1956 in the Code of Civil Procedure?

  1. Section 68

  2. Section 69

  3. Section 70

  4. Section 71

  5. Section 72

A. 1, 3, 4

B. 2, 3, 5

C. 3, 4, 5

D. All of these


Answer: Option D


  45.

Guardian at litem'

  1. Is a person defending a suit on behalf of a minor

  2. A receiver

  3. A local commissioner

  4. All the above


Answer: Option A


  46.

Which of the following deals with applications of sections 85 and 86 to Rulers of former Indian States in the Code of Civil Procedure?

  1. Section 87B

  2. Section 88A

  3. Section 92B

  4. Section 82A


Answer: Option A


  47.

Where a plaintiff, who is ordered to appear in person, fails to appear, under Order IX, Rule 12 of Code of Civil Procedure, the suit of the plaintiff is liable to be

  1. Stayed

  2. Dismissed

  3. Either stayed or dismissed

  4. Neither stayed nor dismissed


Answer: Option B


  48.

Issues of law can be tried as preliminary issues, if it relates to

  1. The jurisdiction of the court

  2. A bar to the suit created by any law

  3. Either A or B

  4. Neither A nor B


Answer: Option C


  49.

Inter-pleader suit' has been defined under which of the following Sections of the Civil Procedure Code?

  1. Section 88

  2. Section 89

  3. Section 90

  4. Section 91


Answer: Option A


  50.

Which of the following is true:

  1. The pendency of suit in a foreign court precludes the courts in India from a trying a similar suit

  2. The pendency of a suit in a foreign court precludes the courts in India from trying a similar suit provided the suit is founded on the same cause of action

  3. The pendency of a suit in a foreign court does not preclude the courts in India from trying similar suit even if it is founded on the same cause of action

  4. None of the above

Answer: Option C


Order 42 of the Code of Civil Procedure deals with

  1. Appeal to Supreme Court

  2. Appeal by indigent person

  3. Appeal against orders

  4. Appeal from appellate decrees


Answer: Option D


  52.

Discovery and Inspection and administering interrogatories is a procedure under

  1. Common Law

  2. Penal Law

  3. Code of Civil Procedure while trying civil suits and proceedings

  4. Service Law


Answer: Option C


  53.

What do the provisions of Section 11 of Civil Procedure Code deal with?

  1. Res judicata

  2. Res subjudice

  3. Garnishee Order

  4. Foreign Judgement


Answer: Option A


  54.

An application under Order IX, Rule 13 of Code of Civil Procedure can be made within

  1. 30 days of the decree

  2. 60 days of the decree

  3. 90 days of the decree

  4. 6 months of the decree


Answer: Option A

  55.

Which of the following is true

  1. Alien enemies residing in India can never sue

  2. Alien enemies residing in India may sue with the permission of the Central Government

  3. Alien enemies residing in India may sue with the permission of the State Government in whose jurisdiction they are residing

  4. Alien enemies can sue in any court


Answer: Option B


  56.

Reading the amended Section 89 of the Code of Civil Procedure and the insertions of O. 10, which of the following conditions should be satisfied before matter could be referred to an Alternate Dispute Redressal?

  1. Existence of elements of settlement in the opinion of the Court

  2. The parties must share the opinion of the court

  3. Formulation of the terms of settlement by the court

  4. The court should invite the observation of the parties on the terms of settlement

  5. Observations of the parties must be received by the court

  6. If need be, reformulate the terms of settlement and refer the same for Alternate Dispute Redressal contemplated un section 89 of the Code of Civil Procedure

A. 2, 3

B. 1, 4

C. 1, 5, 6

D. All of these

Answer: Option D


  57.

Preliminary Decree can be passed in a suit

  1. For partition

  2. For partnership

  3. For possession and mesne profit

  4. All these


Answer: Option D


  58.

Which of the following deals with proceedings to be held in camera in the Code of Civil Procedure?

  1. Order 12, Rule 1

  2. Order 10, Rule 9

  3. Order 32A, Rule 2

  4. Order 17, Rule 10


Answer: Option C


  59.

Under the Civil Law the term 'multifariousness' means

  1. Misjoinder of cause of actions

  2. Misjoinder of parties

  3. Non-jointer of parties

  4. Misjoinder of cause of actions as well as parties


Answer: Option D


  60.

The doctrine of res judicata under Section 11 Code of Civil Procedure, 1908 applies to:

  1. Decision of a court without jurisdiction

  2. A writ of mandamus and of certiorari

  3. Consent/compromise decree

  4. A writ of habeas corpus


Answer: Option B


Principle of constructive res judicata is contained in

  1. Explanation III of Section 11

  2. Explanation IV to Section 11

  3. Explanation VI to Section 11

  4. Explanation VII to Section 11


Answer: Option B


  62.

Objection to the territorial jurisdiction of a Court can be allowed if it is raised

  1. At any stage of the trial

  2. At any time before the plaintiff leads his evidence

  3. At the earliest possible opportunity and before issues are settled

  4. Even at the stage of appeal


Answer: Option C


  63.

Provision of Section 80 of Code of Civil Procedure is binding on

  1. The High Court

  2. The court of civil judge

  3. The district judge

  4. All of the above


Answer: Option D


  64.

The defendant is required within thirty days from the date of service of summons on him to present a written statement. However, if he fails to do so 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 but not exceeding a period of;

  1. 45 days

  2. 60 days

  3. 90 days

  4. 120 days


Answer: Option C


  65.

Which of the following deals with letter of request in the Code of Civil Procedure?

  1. Section 63

  2. Section 72

  3. Section 77

  4. Section 78


Answer: Option C


  66.

Civil Procedure Code: A suit for partition of properties situated in different cities-

  1. Separate suits have to be filed in each of the cities where the properties are situated

  2. Can be instituted in a city where any property are situated

  3. Can be instituted in a city where majority of properties/property of maximum value is situated

  4. Can be instituted where defendants or any of them resides


Answer: Option B


  67.

Money under a decree can be paid

  1. In the Court

  2. Out of the Court

  3. Either in the Court or out of the Court

  4. Only in the Court and not out of the Court


Answer: Option C


  68.

Which of the following deals with summonses to be sent to officer of foreign countries in the Code of Civil Procedure?

  1. Order 5, Rule 26A

  2. Order 9, Rule 12

  3. Order 6, Rule 10

  4. Order 10, Rule 8


Answer: Option A


  69.

Right to appeal is to be governed by

  1. The law prevailing at the time of pronouncement of judgment

  2. The law prevailing at the time of Institution of the suit

  3. The law prevailing on the date of appeal

  4. The law prevailing on the last day of limitation for filing an appeal


Answer: Option B


  70.

Who among the following persons is not a public officer according to Section 2(17) of the Code of Civil Procedure, 1908?

  1. Tehsildar

  2. Judge

  3. Members of All India Service

  4. Sarpanch


Answer: Option D

Section 89 of the Civil Procedure Code, 1908 provides

  1. Settlement of disputes outside the court

  2. Having opinion from an expert

  3. Issuing commission for getting opinion

  4. None of the above


Answer: Option A


  72.

In execution of a decree for the maintenance, salary of a person can be attached to the extent of

  1. One-fourth

  2. One-third

  3. Two-third

  4. One-half


Answer: Option B


  73.

Attachment of property attached shall remain operative under Order 39, Rule 2A of Code of Civil Procedure for a period of:

  1. Six months

  2. Three months

  3. One year

  4. Seven years


Answer: Option C


  74.

Where immovable property is sold in execution of a decree and such sale has become absolute. When the property shall be deemed to have vested in the purchaser?

  1. From the tine when the sale becomes absolute

  2. From the time when the property is sold

  3. From the time when the suit was instituted

  4. From the time when the decree was passed


Answer: Option A Solution:

In the context of the Code of Civil Procedure, when immovable property is sold in execution of a decree, it typically vests in the purchaser from the time when the sale becomes absolute. This means that once the sale is finalized and no objections or challenges remain, the property is considered to have been transferred to the purchaser.


Therefore, the correct answer is Option A: From the time when the sale becomes absolute. The other options (B, C, and D) do not accurately represent the legal process of when the property vests in the purchaser in such cases.

  75.

For non-compliance of Section 80 of the Code of Civil Procedure:

  1. The suit is to be dismissed on very first day

  2. The suit is to be admitted but summons have to be issued of a date after two months

  3. The plaint is to be returned

  4. Costs have to be imposed


Answer: Option C


  76.

Which of the following is not a supplemental proceeding?

  1. Grant of temporary injunction

  2. Appointment of a receiver

  3. Direction to defendant to furnish security

  4. Issuance of a commission


Answer: Option D


  77.

Documents which are not admitted in evidence under Order XIII, Rule 7 of Code of Civil Procedure, shall

  1. Form part of the record

  2. Not form part of the record and shall be returned to the party in whose name the same stand

  3. Not form part of the record and shall be returned to the person(s) producing them

  4. Either B or C


Answer: Option C


  78.

Which of the following, in respect of set-off is correct

  1. Set-off can be claimed in a suit for recovery of money

  2. The amount claimed must be ascertained amount

  3. The amount claimed to be set off must be legally recoverable and not barred by limitation

  4. All the above


Answer: Option D


  79.

An ex parte decree can be set aside:

  1. Under Order IX, Rule 7 of Code of Civil Procedure

  2. Under Order IX, Rule 11 of Code of Civil Procedure

  3. Under Order IX, Rule 12 of Code of Civil Procedure

  4. Under Order IX, Rule 13 of Code of Civil Procedure


Answer: Option D


  80.

A private transfer and delivery of property attached under section 64(2) of the Civil Procedure Code 1908 shall not be void:

  1. If made in pursuance of any contract for such transfer or delivery entered into and registered before the attachment

  2. If made in pursuance of any contract for such transfer or delivery entered into and registered before the attachment

  3. If made in pursuance of any contract for such transfer or delivery entered into before the attachment but registered after the attachment

  4. As in B and C above


Answer: Option A


A suit is bad for non-joinder of a necessary party, as provided

  1. Under Order I, Rule 10 of Code of Civil Procedure

  2. Under Order I, Rule 9 of Code of Civil Procedure

  3. Under Order I, Rule 10A of Code of Civil Procedure

  4. Under Order I, Rule 11 of Code of Civil Procedure


Answer: Option B


  82.

The plaint shall be rejected in the following ground also:

  1. Where it is not filed in 2 copies

  2. Where it is not supported with affidavit

  3. Where plaintiff has not affixed his photo

  4. Where plaintiff does not put his signature


Answer: Option A


  83.

A prayer for extension of time beyond the period of 90 days for filing the written statement

  1. Can be oral

  2. Has to be in writing

  3. Can be either oral or in writing

  4. Neither A nor B, as the time cannot be extended beyond 90 days


Answer: Option D


  84.

Morgan Stanley Mutual Fund v. Kartik Das Case related to which of the following?

  1. Issuance of Commission

  2. Attachment before judgment

  3. Interim injunction

  4. Affidavits


Answer: Option C


  85.

Under Order X, Rule 1A of Code of Civil Procedure, the court can direct the parties to opt for anyone mode of alternate dispute resolution

  1. At any stage of the proceedings

  2. After recording the admissions and denials

  3. Before recording the admissions and denials

  4. Immediately on filing of the written statement by the defendant(s)

Answer: Option B


  86.

B' a bank, under a scheme for grant of educational loan to females, grants a loan of Rs. 2,00,000/- to 'A'. 'A' fails to repay the loan and 'B' files a suit for recovery thereof. During the pendency of suit, 'A' is married. 'B' does not take any steps within the prescribed time, to substitute the maiden name of 'A' with the married name of 'A' in the suit. The suit is decided in favour of 'B' and against 'A' in her maiden name:

  1. The suit abates and decree is a nullity

  2. The suit does not abate but the decree against 'A' in her maiden name cannot be executed

  3. The decree can be executed against the husband of 'A' also

  4. The decree may be executed against 'A' in her married name


Answer: Option D


  87.

All civil courts have jurisdiction to try-

  1. All suits of a civil nature

  2. All suits civil nature except suits of which their cognizance is expressly not barred

  3. All suits of civil nature except suits of which their cognizance is impliedly not barred

  4. All suits of civil nature except suits of which their cognizance is expressly or impliedly barred


Answer: Option D


  88.

Issues mean

  1. Contentions arising out of plaint only

  2. Contentions arising out of written statement only

  3. Rival contentions of the parties based on their pleadings

  4. Presumptions of fact or law or fact and law


Answer: Option C


  89.

Court not competent to execute the decree:

  1. Court which has passed the decree

  2. Court to which it is sent for execution

  3. Both A and B

  4. Court of collector


Answer: Option D


  90.

An order refusing the leave to defend under Order XXXVII of Code of Civil Procedure can be

  1. Challenged before the court passing the order

  2. Challenged through appeal

  3. Challenged through revision

  4. Either A or B or C


Answer: Option B


A decree for execution:

  1. Cannot be transferred to another court

  2. Can be transferred to another court

  3. May or may not be transferred

  4. Either A or C


Answer: Option B

92.

A judgment can be reviewed on the ground of

  1. Discovery of new and important evidence, not within the knowledge of the party concerned

  2. Mistake of error of fact or law on the face of the record

  3. Both A and B

  4. None of the above


Answer: Option C


  93.

According to Order 20 Rule 7 of Civil Procedure Code the decree shall bear the date of

  1. The day on which the judgment was pronounced

  2. The day on which the decree was made

  3. The day on which plaint was filed

  4. The day on which final argument was heard


Answer: Option A


  94.

Whether the court executing the decree has jurisdiction to determine all questions relating to execution, discharge or satisfaction of decree?

  1. No

  2. Yes

  3. Discretion of court

  4. None of the above


Answer: Option B


  95.

Which of the following legal pleas need not be pleaded

  1. Estoppel

  2. Limitation

  3. Res-judicata

  4. None of the above


Answer: Option D


  96.

A judgment passed by a court can be reviewed by:

  1. The court passing the judgment

  2. The court of District Judge

  3. The High Court

  4. The Supreme Court


Answer: Option A


  97.

Which of the following deals with provincial small Cause Courts in the Code of Civil Procedure?

  1. Order 50, Rule 1

  2. Order 31, Rule 6

  3. Order 22, Rule 18

  4. Order 16, Rule 10


Answer: Option A

defendant may apply for leave to defend?

  1. One month

  2. Ten days

  3. One week

  4. Fifteen days


Answer: Option B


  100.

In care the application for permission to sue as pauper is allowed, the suit is deemed to have been instituted

  1. On the date of presentation of the application for permission to sue as a pauper

  2. On the date on which the permission to sue as pauper granted

  3. Either A or B as directed by the court

  4. Only B and not A


Answer: Option A


  98.

Inter-pleader suit is a suit:

  1. Between two advocates

  2. Between Union Government Pleader and State Government Pleader

  3. Instituted by a person who has no interest in the subject matter

  4. Instituted by a person who has interest in the subject matter


Answer: Option C


  99.

In a summary suit, within how many days from the date of service of summons for judgment, the

In the case of 'res sub judice' under Section 10 of the Code of Civil Procedure, the court can:

  1. Pass interim orders

  2. Grant of injunction

  3. Appoint a receiver

  4. All of the above


Answer: Option D


  2. At the stage of deciding the application for temporary injunction, the court is required to go into the merits of the case in detail. Which of the following the court has to examine?

  1. The plaintiff has a prima facie case to go for trial

  2. The protection is necessary from that species of injuries known as irreparable before his legal rights can be established

  3. That the mischief of inconvenience likely to arise from withholding injunction will be greater than what is likely to arise from granting it

  4. All of these


Answer: Option D


  3. The documents on which the plaintiff relies upon in support his claim shall be filed by him in the court

  1. Along with the plaint

  2. Within seven days from the date of order by the court for issue of summons

  3. On the date fixed for forming of issues by the court

  4. At the time or before the hearing of the suit


Answer: Option A

  4. An application for revision under Code of Civil Procedure is filed under

  1. Section 114

  2. Section 115

  3. Section 116

  4. Section 113


Answer: Option B


  5. In execution proceeding before Trial Court a person filed application under Order 21 Rule 97 Code of Civil Procedure on ground that he was

bona fide purchaser of suit property. His objection

  1. Is maintainable because he has bona fide purchaser

  2. Is not maintainable because his lis pendens prohibits a party from dealing with property which is the subject matter of suit

  3. Is maintainable because he has not filed independent suit

  4. Can be heard only if parties permit


Answer: Option B


  6. No ambassadors may be sued in any court otherwise competent to try the suit except with the consent of

  1. President of India

  2. Central Government

  3. Supreme Court of India

  4. None of the above


Answer: Option B


  7. Order IX, Rule 6 of Code of Civil Procedure provides for procedure

when only the plaintiff appears and defendant does not appear on the date of hearing in the contingency

  1. When summons duly served on the defendant

  2. When summons served on the defendant but not within sufficient time

  3. When summons not duly served

  4. All the above


Answer: Option D


  8. Period of operation of caveat under Code of Civil Procedure is

  1. Fifteen days

  2. Sixteen days

  3. Ninety days

  4. Four months


Answer: Option C


  9. What is not a material irregularity under Rule 90 of Order 21 of the Code of Civil Procedure?

  1. Omission to issue notice under Rule 22 of Order 21

  2. Omission to publish sale proclamation under Rule 66 of Order 21

  3. Omission to state the revenue or rent payable on the land

  4. Omission to record reasons for the adjournment of sale


Answer: Option D


  10.

Under section 78 of Code of Civil Procedure the commission can be issued for the examination of witness by or at the instance of

  1. Courts situate in any part of India to which the provision of Code of Civil Procedure do not extend

  2. Courts established outside India by the authority of Central Government

  3. A foreign court

  4. All the above


Answer: Option D


Which of the following deals with execution of decrees passed by Civil Courts in places to which this Code does not extend in the Code of Civil Procedure?

  1. Section 41

  2. Section 36

  3. Section 39

  4. Section 43


Answer: Option D


  12.

Interrogatories shall be answered under Code of Civil Procedure by way of affidavit to be filed within . . . . . . . .

Days or within such other time as the Court may allow.

  1. 30

  2. 20

  3. 10

  4. 45

  5. None of these


Answer: Option C


  13.

Where an interim injunction has been granted without notice to the opposite party and the Plaintiff fails to comply with the provisions of Order XXXIX, Rule 3 Code of Civil Procedure:

  1. The ex parte injunction lapses on the expiry of the time for compliance

  2. The ex parte injunction would necessarily be liable to be vacated

  3. The Court can extend the time for compliance of Order XXXIX, Rule 3 Code of Civil Procedure even after the Defendant has appeared and filed written statement

  4. The ex parte injunction would be vacated if the non-compliance is prejudicial to the defendant


Answer: Option B


  14.

The provisions of Order 2 Rule 2 Code of Civil Procedure are not applicable to a suit for sale in enforcement of the mortgage, in view of

  1. Order 34 Rule 14 Code of Civil Procedure

  2. Order 38 Rule 5 Code of Civil Procedure

  3. Order 2 Rule 6 Code of Civil Procedure

  4. Order 2 Rule 4 Code of Civil Procedure


Answer: Option A


  15.

The subject-matter jurisdiction of a civil court extends to:

  1. All claims of civil nature

  2. All claims of a civil nature unless their cognizance is expressly or impliedly barred

  3. All suits of a civil nature which by express provision of a statutory law or by common law, fall within the jurisdiction of civil courts

  4. Only those claims of a civil nature where no other forum, authority or tribunal has jurisdiction

Answer: Option B


  16.

A Court may pass judgment on admissions under Order XII Rule . . . . .

. . . of Code of Civil Procedure, 1908:

  1. 8

  2. 6

  3. 4

  4. 2

  5. None of the above


Answer: Option B


  17.

No second appeal in certain cases under which of the following in the Code of Civil Procedure?

  1. Section 111

  2. Section 109

  3. Section 102

  4. Section 100


Answer: Option C


  18.

Res-judicata applies

  1. When the matter in former suit is directly and substantially in issue

  2. When the matter in former suit is collaterally and incidentally in issue

  3. Both A and B

  4. Neither A nor B


Answer: Option A


  19.

Under Order XIII, Rule 1 of Code of Civil Procedure, all the documentary evidence in original by the parties, must be filed

  1. At or before the settlement of issues

  2. After the settlement of issues

  3. At the time of evidence

  4. At any time


Answer: Option A


  20.

On the last day of the period of limitation prescribed for the institution of a suit, A applies for leave to sue as a pauper. The application is heard a fortnight later. It transpires at the hearing of the application that A was possessed of sufficient means to enable him to pay the Court-fees.

Before an order is made under this rule rejecting the application, A pays the necessary Court-fees, and the application is thereupon converted into a plaint.

  1. The application not having been made in good faith, the suit will be deemed to have been instituted on the day on which the Court-fees were paid, and not on the day on which the application was filed

  2. The Court-fees having been paid after the expiration of the period of limitation, the suit is time-barred

  3. Both A and B

  4. None of these


Answer: Option C


In a suit against Central Government, the authority to be named as defendant is?

  1. The President

  2. The Prime Minister

  3. The Minister of concerned department

  4. The Union of India


Answer: Option D

  22.

Under in case of minors,

being not represented by any guardian ad litem order passed in proceedings, would be void and illegal

  1. Order 32 Rule 1

  2. Order 39 Rule 1

  3. Order 40 Rule 1

  4. Order 36 Rule 1


Answer: Option A


  23.

Where a guardian ad litem, representing a minor defendant, files a written statement and the minor attains majority during the pendency of the suit:

  1. The minor cannot claim to supersede the earlier statement and file a fresh written statement

  2. The minor can seek leave to amend the written statement under O. 6, r 17

  3. Both A and B

  4. None of these


Answer: Option C


  24.

Under which provision of Code of Civil Procedure attachment before judgement is provided

  1. Order 29 Rule 1, 2

  2. Order 40 Rule

  3. Section 96

  4. Order 38 Rules 5 - 13


Answer: Option D


  25.

A decree for restitution of conjugal rights can be executed under Order 21 Code of Civil Procedure by

  1. Detention in civil prison

  2. Either by detention in civil prison or attachment of property

  3. Detention in civil prison and attachment of property

  4. Attachment of property


Answer: Option D


  26.

Receiver can be appointed for the purposes of

  1. Protection of rights of the parties to the suit

  2. Prevention of injury to the subject matter of the suit

  3. Both A and B

  4. Neither A nor B


Answer: Option C


  27.

How much time is required for serving a notice under section 80 of the Civil Procedure Code?

  1. Three months

  2. Two months

  3. One month

  4. Four months


Answer: Option B


  28.

Under Order XVIII, Rule 4(1) of Code of Civil Procedure, the Examination-in- Chief of a witness shall be

  1. Recorded by the Judge

  2. Recorded by the Commissioner appointed by the Court

  3. On affidavit

  4. Either A or B or C


Answer: Option C

  29.

The consequences of non-compliance with the order to answer interrogatories or for discovery or inspection of documents have been dealt with under

  1. Order XI, Rule 12 of the Civil Procedure Code

  2. Order XII, Rule 12 of the Civil Procedure Code

  3. Order XI, Rule 21 of the Civil Procedure Code

  4. Order XII, Rule 21 of the Civil Procedure Code


Answer: Option C


  30.

Under which one of the following provisions of the Code of Civil Procedure "rejection of plaint" has been mentioned?

  1. Order VII Rule 11

  2. Order VI Rule 13

  3. Order VII Rule 12

  4. Order VIII Rule 4


Answer: Option A


The Code of Civil Procedure

  1. Applies to the whole of India except Jammu and Kashmir

  2. Applies to the whole of India

  3. Applies to the whole of India except Jammu and Kashmir and Nagaland

  4. Applies to the whole of India except Jammu and Kashmir, Nagaland and Tribal Areas


Answer: Option D


  32.

Prison' as defined in Order 16A of the Code of Civil Procedure, 1908 includes

  1. Any place which has been declared by the Government, by General or Special Order, to be subsidiary jail

  2. Any reformatory, borstal institution or other institution of a like nature

  3. Both A and B

  4. Only A is correct


Answer: Option C


  33.

Pleadings must be signed

  1. By the party only

  2. By the pleader only

  3. By the pleader and the party both

  4. By the pleader and successor of the pleader


Answer: Option C


  34.

Under Order 12, Rule 2 of the Code of Civil Procedure, the time to be given to a party to admit any document when called upon by notice is

  1. 15 days from the date of service of notice

  2. 10 days from the date of service of notice

  3. 7 days from the date of service of notice

  4. 21 days from the date of service of notice


Answer: Option C


  35.

Joinder of parties liable on same contract under which of the following in the Code of Civil Procedure?

  1. Order 3, Rule 9

  2. Order 2, Rule 2

  3. Order 1, Rule 6

  4. Order 4, Rule 8


Answer: Option C


  36.

The meaning of written statement is:

  1. Suit of plaintiff

  2. Suit of defendant

  3. Answer by defendant of plaintiff's suit

  4. Answer by plaintiff of defendant's suit


Answer: Option C


  37.

Objection as to place of suing under the Code of Civil Procedure, 1908 may be made in

  1. Section 25

  2. Section 26

  3. Section 20

  4. Section 21


Answer: Option D


  38.

Order XXIII of the Civil Procedure Code applies to the following:

  1. Withdrawal of suits

  2. Appeals

  3. Execution proceeding

  4. All the above


Answer: Option A


  39.

Even after ex-party proceeding, the defendant can take part in further proceedings of the suit. This principle

was pronounced by Hon'ble Supreme Court in the case of

  1. State of Bombay v. United Motors

  2. State of Rajasthan v. Vidyawati

  3. Vijay v. R. N. Gupta Education Society

  4. Arjun Singh v. Mohinder Kumar


Answer: Option D


  40.

Which of the following provisions provide for imposition of costs in a civil suit:

  1. Section 35 of Code of Civil Procedure

  2. Section 35A of Code of Civil Procedure

  3. Section 35B of Code of Civil Procedure

  4. All the above


Answer: Option D


Question that can be determined by the Court executing the decree is-

  1. Relating to execution alone

  2. Relating to discharge alone

  3. Relating to part-payment alone

  4. Relating to execution, discharge or satisfaction


Answer: Option D


  42.

Which of the following tests are to be applied in cases where the plea of bar of the suit under O. 2, r 2 is raised?

  1. Whether the cause of action in the previous suit and that in the subsequent suit are identical

  2. Whether the relief claimed in the subsequent suit could have been given in

the previous suit on the basis of the pleadings filed in that suit

  1. Whether the plaintiff omitted to sue for a particular relief on the cause of action which had been disclosed in the previous suit

  2. All of these


Answer: Option D


  43.

A sues B, a manager appointed by the court in an administration suit, for a declaration, that he had validly surrendered his lease. B's defence is that the suit was not maintainable for want of notice under section 80 of the Code of Civil Procedure and that the surrender was not valid. The court of first instance decided both the issues against A. B then sued A for royalty due under that lease.

  1. The finding in the former suit that the lease was not validity surrendered was maintainable in spite of notice under section 80

  2. The finding in the former suit that the lease was a validity surrendered but not maintainable for want of notice under section 80

  3. The finding in the former suit that the lease was not validity surrendered was not maintainable for want of notice under section 80

  4. None of these


Answer: Option C


  44.

Representative Suit under Order 1 Rule 8 of Code of Civil Procedure may be permitted by the Court when-

  1. Numerous persons are parties in another suit

  2. Numerous persons belong to the same family

  3. Numerous persons have the same interest in one suit

  4. None of the above


Answer: Option C


  45.

Which of the following deals with the property liable to attachment and sale in execution of decree in the Code of Civil Procedure?

  1. Section 43

  2. Section 60

  3. Section 59

  4. Section 54


Answer: Option B


  46.

Issue relating to jurisdiction can be tried as a preliminary issue only when it can be decided without recording any evidence. This principle was laid down by a Full Bench of the M. P. High Court in-

  1. Ramdayal v. M/s Pannalal

  2. Subhash Chand v. Chairman

  3. Nathu Prasad v. Singhai Kapur Chand

  4. Budhulal v. Chhotelal


Answer: Option C


  47.

Supplemental and incidental proceedings are stated in-

  1. Code of Civil Procedure

  2. Criminal Procedure Code

  3. Unlawful Activities (Prevention) Act

  4. None of the above


Answer: Option A

  48.

Several persons can be joined as plaintiffs, in cases

  1. Where right arises out of the same act, in favour of such person

  2. Where any common question of law is involved

  3. Both A and B

  4. None of the above


Answer: Option C


  49.

Which of the following deals with matters for which rules may provide in the Code of Civil Procedure?

  1. Section 122

  2. Section 103

  3. Section 128

  4. Section 129


Answer: Option C


  50.

Civil Procedure Code: Procedure for suits relating to matters concerning the family is given in-

  1. Order 32A, Code of Civil Procedure

  2. Order 29, Code of Civil Procedure

  3. Order 27A, Code of Civil Procedure

  4. Order 30, Code of Civil Procedure


Answer: Option A


Under which one of the following Sections of Civil Procedure Code, 1908 "Legal Representative" has been explained?

  1. Section 2(11)

  2. Section 2(13)

  3. Section 2(10)

  4. Section 2(12)


Answer: Option A


  52.

A party can be called upon, to admit any document, by notice as provided under

  1. Order XII, Rule 2 of Code of Civil Procedure

  2. Order XII, Rule 1 of Code of Civil Procedure

  3. Order XII, Rule 4 of Code of Civil Procedure

  4. Order XII, Rule 3 of Code of Civil Procedure


Answer: Option A


  53.

Can a suit be laid after withdrawal of the same?

  1. No

  2. Yes

  3. Yes, if permission is obtained from the court at the time of withdrawal with liberty to file a fresh suit

  4. Yes, subject to the condition that the cause of action for both the cases is identical


Answer: Option C


  54.

Under which of the following conditions a plaint can not be rejected:

  1. If fails to disclose a cause of action

  2. It is not filed in duplicate

  3. The plaintiff fails to comply with the provision of Order 7 Rule 9 Code of Civil Procedure

  4. It is filed in a court of incompetent jurisdiction

Answer: Option D


  55.

Which of the following deals with powers of Court in executing transferred decree in the Code of Civil Procedure?

  1. Section 41

  2. Section 36

  3. Section 42

  4. Section 52


Answer: Option C


  56.

Under which of the following circumstances, review of judgment may not lie?

  1. By a decree or order from which an appeal is allowed by this code, but from which no appeal has been preferred

  2. By a decree or order from which no appeal is allowed by this code

  3. By a decision on a reference from a court a small causes

  4. Appeal dismissed


Answer: Option D


  57.

Which provision of the Code deals with the concept of 'constructive res Judicatca'?

  1. Section 10

  2. Section 11

  3. Section 12

  4. Section 13


Answer: Option B


  58.

Which of the following deals with the duty of person to who summons is

delivered or sent for service in the Code of Civil Procedure?

  1. Order 7, Rule 14

  2. Order 9, Rule 12

  3. Order 6, Rule 10

  4. Order 5, Rule 29


Answer: Option D


  59.

For the application of the principle of ressubjudice, which of the following is essential

  1. Suits between the same parties or litigating under the same title

  2. The two suits must be pending disposal in a court

  3. The matters in issue in the two suits must be directly and substantially the same

  4. All the above


Answer: Option D


  60.

Section 14 of Code of Civil Procedure enacts that the Court shall presume, upon the production of a certified copy of a foreign judgment, that such judgment was pronounced by a Court of competent jurisdiction. This presumption is

  1. Rebuttable presumption of fact

  2. Irrebuttable presumption of fact

  3. Rebuttable presumption of law

  4. Irrebuttable presumption of law


Answer: Option C


Pecuniary jurisdiction of civil court is specified in-

  1. A. P. Court Fees and Suits Valuation Act, 1956

  2. A. P. Civil Courts Act, 1972

  3. Civil Procedure Code

  4. Civil Rules of Practice


Answer: Option C


  62.

Which of the following is not true of res-judicata

  1. It can be invoked in a separate subsequent proceedings

  2. It can be invoked at a subsequent stage in the same proceedings

  3. It can not be invoked at a subsequent stage in the same proceedings but only in a separate subsequent proceedings

  4. Both B and C


Answer: Option C


  63.

"Nemo debet bis vexari pro una et eaden causa" refers to

  1. Res Sub judice

  2. Res Judicata

  3. Appeal

  4. Revision


Answer: Option B


  64.

A civil suit was repeatedly fixed by the trial court for examination of the defendant's witnesses but the said opportunity was not availed by the defendant, therefore on

18th November 2016 when neither the defendant nor his counsel had appeared, the trial court had proceeded ex parte and heard the final arguments and reserved the case for judgement. On 28th November 2016 the defendant had filed an

application under Order 9 Rule 7 read with section 151 of the Code of Civil Procedure which is

  1. Maintainable

  2. Non-maintainable

  3. Matter of discretion of the court to accept or not

  4. Matter of inherent power of the court to accept or not


Answer: Option B


  65.

In a suit under Order XXXVII, Rule 2 of Code of Civil Procedure the defendant has to put in appearance within

  1. 10 days of service of summon

  2. 15 days of service of summon

  3. 30 days of service of summon

  4. 60 days of service of summon


Answer: Option A


  66.

Amendment in pleading shall be effective

  1. From the date of pleading

  2. From the date of application

  3. From the date of the order

  4. Either B or C


Answer: Option B


  67.

If a plaintiff fails to sue for the whole of the claim which he is entitled to make in respect of a cause of action in the first suit, then he is precluded from suing in the suit in respect of portion so omitted, by virtue of

  1. Order II, Rule 2 of Code of Civil Procedure

  2. Order II, Rule 3 of Code of Civil Procedure

  3. Order II, Rule 4 of Code of Civil Procedure

  4. Order II, Rule 5 of Code of Civil Procedure


Answer: Option B


  68.

Which of the following propositions is incorrect is so far as the power to permit amendment of pleadings, under Order VI Rule 17 of the Code of Civil Procedure is concerned?

  1. Amendment of the pleadings must be allowed at any stage of the proceedings, before the trial has commenced

  2. Amendment which cause prejudice to the other side may not be allowed by the court

  3. The basic or cardinal test for deciding whether an amendment should or should not be allowed is the "real controversy test"

  4. The court is normally proscribed, from deciding the correctness or falsity of the case in the amendment when deciding an application for amendment


Answer: Option A


  69.

'Res judicata' does not apply to:

  1. Between co-plaintiffs

  2. Between co-defendants

  3. Public interest litigation

  4. Writ of habeas corpus


Answer: Option D


  70.

In case the suit has been instituted in a court having no jurisdiction, territorial or pecuniary, the plaint is liable to be

  1. Returned

  2. Rejected

  3. Either A or B

  4. None of the above


Answer: Option A


Code of Civil Procedure Provides

  1. For permanent injuction

  2. For prepetual injuction

  3. For temporary injuction

  4. For mandatory injuction


Answer: Option C


  72.

Which of the following is true:

  1. Affidavits can be confined only to statements of knowledge

  2. Affidavits can be confined only to statements of beliefs

  3. Affidavits cannot be confined to statements of beliefs only on interlocutory applications

  4. None of the above


Answer: Option A


  73.

What is the maximum amount of compensatory costs that can be awarded under Section 35A(2) of the Code of Civil Procedure, 1908?

A. Rs. 1000

B. Rs. 2000

C. Rs. 3000

D. Rs. 4000


Answer: Option C

  74.

A suit through 'next friend' can be filed by

  1. Minor

  2. A lunatic

  3. Both A and B

  4. None of the above


Answer: Option C


  75.

Limitation for substitution of legal representatives of a judgment debtor in execution proceedings is:

  1. Of 30 days from the date of death of judgment debtor

  2. Of 60 days from the date of death of judgment debtor

  3. Of 90 days from the date of death of judgment debtor

  4. None of the above


Answer: Option D


  76.

A court can return the plaint for presentation to the court in which the suit should have been instituted?

  1. At the time of institution of suit

  2. Before framing of issues

  3. Before the trial begins

  4. At any stage of the suit


Answer: Option D


  77.

Under Civil Procedure Code, 1908 "every suit shall be instituted by presenting a plaint in duplicate to the court or such officer as it appoints in this behalf." This is provided under

  1. Section 26

  2. Section 20

  3. Order 3 Rule 1

  4. Order 4 Rule 1


Answer: Option D


  78.

The word 'acts' in Order III, Rules 1 and 2 of Code of Civil Procedure

  1. Is confined only in respect of acts done by the power-of-attorney holder in exercise of power granted by the instrument and would not include deposing in place and in stead of the principal

  2. Is not confined only in respect of acts done by the power-of-attorney holder in exercise of the power granted by the instrument and includes deposing in place and instead of the principal

  3. Is not confined only in respect of acts done by the power-of-attorney holder in exercise of the power granted by the instrument but includes appearance as a witness on behalf of the party in the capacity of that party

  4. Is confined only to deposing in place and in stead of the principal


Answer: Option A


  79.

Code of Civil Procedure: The objections raised by the parties during the recording of evidence by the commissioner, shall be decided by whom

  1. The Court at the stage of argument

  2. The Commissioner at the same time

  3. The Court at the same time

  4. The Commissioner at the stage of argument


Answer: Option A

  80.

A party filing affidavit in reply to interrogatories

  1. Can be cross-examined upon it

  2. The other party can adduce evidence to contradict it

  3. Can neither cross-examine nor adduce any evidence to contradict it, as it is a conclusive proof

  4. Can be cross-examined and adduce evidence to contradict it as it is a not proved fact


Answer: Option C


Which of the following is not a legal representative under Section 2(11) of the Code of Civil Procedure?

  1. Executors and administrators

  2. Official assignee or receiver

  3. Hindu coparceners

  4. Residuary legatees


Answer: Option B


  82.

Costs imposed under Section 35B of Code of Civil Procedure:

  1. Shall be included in the costs awarded in the decree passed in the suit

  2. Shall not be included in the costs awarded in the decree passed in the suit

  3. Shall, if not paid, be executable against the person on whom the costs have been imposed

  4. Only B and C


Answer: Option D


  83.

An application under Order IX, Rule 7 of Code of Civil Procedure can be made

  1. Within 60 days of the Order

  2. Within 30 days of the Order

  3. At any time on or before the next date of hearing

  4. Any time during the pendency of the suit


Answer: Option C


  84.

According to clauses (i), (ii) and (iii) of section 145 of the Code of Civil Procedure a surety:

  1. May render himself personally liable

  2. He may only give a change upon his property

  3. He may undertake a personal liability and charge his property as further charge

  4. All of these


Answer: Option D


  85.

The court cannot order execution of a decree as per Section 51 of Civil Procedure Code, in which of the following ways?

  1. By attachment and sale of property

  2. A decree for restituting of conjugal rights, by sending the person husband or wife as the case may be to civil prison

  3. By appointing a receiver

  4. By delivery of any property specifically decreed


Answer: Option B


  86.

Which of the following is not an essential element of a decree:

  1. Conclusive determination of the rights of the parties

  2. Formal expression of adjudication

  3. An adjudication from which an appeal lies as an appeal from an order

  4. The adjudication must have been given in a suit before the court


Answer: Option C


  87.

Under Order XXXVII, Rule 3 of Code of Civil Procedure the delay upto

  1. 10 days is condonable

  2. 30 days is condonable

  3. 90 days is condonable

  4. No limit has been prescribed


Answer: Option D


  88.

Where does the second appeal shall lie under Section 100 of Code of Civil Procedure?

  1. High Court

  2. Supreme Court

  3. Distt. Court

  4. High Court and Supreme Court both


Answer: Option A


  89.

Mesne profits of property as defcined in Section 2(12) of Civil Procedure Code, 1908 means:

  1. Those profits which the person in wrongful possession of such property actually received or might with ordinary diligence have received together with interest of such profits

  2. Those profits which the person in wrongful possession of such property actually received including profits due to improvements made by such person

  3. Those profits which the person in wrongful possession of such property actually received or might have received but without any interest on such profits

  4. Those profits which the person in wrongful possession of such property actually received


Answer: Option A


  90.

Point out the wrong statement:

  1. Where the defendant appears and the plaintiff does not appear, when the suit is called for hearing, the court shall dismiss the suit and the plaintiff shall be barred from filing a fresh suit on the same cause of action

  2. No appeal may lie from an original decree passed ex parte

  3. The plaintiff may apply to the court which passed an ex parte decree against him, for an order to set it aside

  4. No court shall set aside a decree passed ex parte merely on the ground that there has been an irregularity in the service of summon upon the defendant


Answer: Option B


The Court has the power to summon a person, who is not called by any party, as a witness

  1. Under Order XVI, Rule 18 of Code of Civil Procedure

  2. Under Order XVI, Rule 14 of Code of Civil Procedure

  3. Under Order XVI, Rule 12 of Code of Civil Procedure

  4. Under Order XVI, Rule 10 of Code of Civil Procedure


Answer: Option B

92.

A judgment debtor is arrested in execution of a money decree. Will he be discharged from the debt under the concerned money decree on completion of the period of detention?

  1. No, even on release after undergoing the period of detention he will still be liable for payment under the money decree in view of Section 58 Code of Civil Procedure

  2. Yes, he will be discharged from the debt under the concerned money decree

  3. Yes, he will be discharged from the debt if the money decree is less than Rs. 1 lakh

  4. Yes, he will be discharged from the debt if the decree pertains to recovery of loan


Answer: Option A


  93.

Which of the following deals with the appearance before the conciliatory forum or authority in the Code of Civil Procedure?

  1. Order 5, Rule 30

  2. Order 4, Rule 13

  3. Order 10, Rule IB

  4. Order 13, Rule 22


Answer: Option C


  94.

Suit for partition of immovable property shall be instituted in the Court where:

  1. Plaintiff resides

  2. Plaintiff carries on his profession

  3. Subject matter is situated

  4. With the permission of the District Judge, in any Court


Answer: Option C


  95.

Who amongst the following is not "a public officer" within the meaning of Section 2(17) of Code of Civil Procedure?

  1. A Judge

  2. Sarpanch of a Gram Panchayat

  3. A person in the service getting pay from the Government

  4. None of the above


Answer: Option B


  96.

If the suit is filed in a court having no jurisdiction . . . . . . . .

  1. It shall be dismissed

  2. It may be dismissed

  3. It shall be returned

  4. It shall be sent to record room


Answer: Option C


  97.

Which of the following deals with power to transfer suits which may be instituted in more than one Court in the Code of Civil Procedure?

  1. Section 18

  2. Section 20

  3. Section 25

  4. Section 22


Answer: Option D


  98.

Whether a suit can be compromised without filing an application under Order XIII, Rule 3 of the Code of Civil Procedure, 1908 in Court?

  1. No, as a written application under Order XXIII Rule 3 Code of Civil Procedure signed by both parties is mandatory

  2. Yes, but only when both parties file affidavits before the court accepting the compromise and settlement

  3. Yes, if the compromise is in writing and signed by the parties

  4. Yes, but only if whole of the subject matter of the suit and not part thereof has been adjusted and compromised


Answer: Option C


  99.

Which of the following deals with the form of notice in the Code of Civil Procedure?

  1. Order 12, Rule 3

  2. Order 4, Rule 13

  3. Order 6, Rule 10

  4. Order 13, Rule 22


Answer: Option A


  100.

Which of the following determinations does not come under the definition of "decree"?

  1. An adjudication which conclusively determines the rights of the parties with regard to some of the matters in issue before the court

  2. Rejection of a plaint

  3. Determination of any question under Section 144 of the Code of Civil Procedure

  4. Dismissal of a suit for default


Answer: Option D

Where one of two or more defendants dies but legal representatives of deceased defendant are not made parties and the right to sue does not survive against rest of the defendants, then

  1. The suit as a whole abates

  2. The suit abates against the deceased defendant only

  3. Suit does not abate against any one

  4. None of these


Answer: Option B


  2. An application for amendment of pleadings is filed under:

  1. Order 6 Rule 17

  2. Order 6 Rule 5

  3. Order 38 Rule 5

  4. Order 21 Rule 1


Answer: Option A


  3. Provisions relating to set off and counter claims under Civil Procedure Code, 1973 are contained in

  1. Order VI

  2. Order VII

  3. Order VIII

  4. Order IX


Answer: Option C


  4. Garnishee' is a person who is:

  1. Defaulter

  2. Decree holder

  3. Debtor of judgement debtor

  4. Foreigner


Answer: Option C

  5. Which of the following are the only constraints of the Appellate Court under O. 41, r 33?

  1. The parties before the lower courts should be there before the Appellate Court

  2. The question raised must be properly arise out of the judgment of the lower court

  3. Both A and B

  4. None of these


Answer: Option C


  6. A suit in representative capacity can be filed by virtue of

  1. Order I, Rule 8A of Code of Civil Procedure

  2. Order I, Rule 10A of Code of Civil Procedure

  3. Order I, Rule 8 of Code of Civil Procedure

  4. Order I, Rule 9 of Code of Civil Procedure


Answer: Option C


  7. The Commissioner appointed for the purposes of recording evidence (cross- examination) is obliged to submit his report to the court appointing the commission within

  1. 15 days from the date of issue of the commission

  2. 30 days from the date of issue of the commission

  3. 60 days from the date of issue of the commission

  4. 90 days from the date of issue of the commission


Answer: Option C


  8. A reference can be made during the pendency of the case:

  1. The Subordinate Court refers the case of the High Court for the latter's opinion on a question of law

  2. The Subordinate Court refers the case to the High Court for the latter's opinion on a question of evidence

  3. The Subordinate Court refers the case to the High Court for the latter's opinion on a question of fact

  4. The Subordinate Court refers the case to the High Court for the Latter's opinion on a question of court procedure


Answer: Option A


  9. Under Order VII, Rule 11 of Code of Civil Procedure

  1. Part only of the plaint can be rejected

  2. Whole of the plaint is to be rejected

  3. Part only of the plaint or the whole plaint can be rejected

  4. It is the discretion of the court to reject the plaint in part


Answer: Option B


  10.

What is stay under section 10 Code of Civil Procedure?

  1. Proceeding of suit

  2. Trial of suit

  3. Inquiry of suit

  4. Supplemental proceedings of suit


Answer: Option B

Which of the following deals with service of summons where defendant resides in another State in the Code of Civil Procedure?

  1. Section 18

  2. Section 28

  3. Section 22

  4. Section 25


Answer: Option B


  12.

Under suit by indigent

person shall be deemed to be instituted on the date on which the application for permission to sue as an indigent person is filed

  1. Rules 8 and 15A of Order 33

  2. Rules 7 and 15A of Order 33

  3. Rules 6 and 15A of Order 33

  4. Rules 5 and 15A of Order 33


Answer: Option A


  13.

Remedies available against an ex parte decree include-

  1. Appeal

  2. Review

  3. Application for setting aside the decree

  4. All of the above


Answer: Option D


  14.

Which of the following deals with service on agent in charge in suits for immovable property in the Code of Civil Procedure?

  1. Order 7, Rule 19

  2. Order 5, Rule 14

  3. Order 6, Rule 10

  4. Order 10, Rule 8


Answer: Option B


  15.

No appeal can be filed, as provided under section 96(4) of Code of Civil Procedure, against a decree in any suit cognizable by the Courts of Small Causes except on a question of law, where the value of the subject-matter of the original suit does not exceed

A. Rs. 3,000

B. Rs. 5,000

C. Rs. 10,000

D. Rs. 25,000


Answer: Option C


  16.

Civil Procedure Code (U. P. Amendment) Ordinance, 2003 relates to-

  1. Section 105 Code of Civil Procedure

  2. Section 103 Code of Civil Procedure

  3. Section 115 Code of Civil Procedure

  4. Section 100 Code of Civil Procedure


Answer: Option C


  17.

Which of the following deals with the procedure when party fails to present written statement called for by Court in the Code of Civil Procedure?

  1. Order 5, Rule 30

  2. Order 8, Rule 10

  3. Order 6, Rule 10

  4. Order 10, Rule 22


Answer: Option B


  18.

Under which provision of Code of Civil Procedure an Ambassador can be sued?

  1. Section 86

  2. Section 88

  3. Section 88A

  4. He cannot be sued


Answer: Option A


  19.

Can a suit for declaration be filed without seeking any further relief although such further relief is available to the plaintiff?

  1. Yes, a suit simply seeking the relief of declaration can be filed without seeking further relief if the plaintiff is a pauper and does not have financial means to pay court fees for the further relief in addition to the relief of declaration

  2. No, a plaintiff is bound to file a suit for declaration and seek further relief once the further relief is available for being claimed in the suit for declaration which is filed

  3. Yes, if the consequential relief, if claimed in another suit, would not be barred under the law of limitation

  4. A suit for declaration without seeking further relief can be filed


Answer: Option B


  20.

In case of failure of filing the written statement within thirty days, the defendant can be allowed to file the same on such other day specified by the court for reasons recorded in writing, which shall not be later than:

  1. 45 days

  2. 60 days

  3. 90 days

  4. 120 days


Answer: Option C


A' the tenant files a suit for permanent injunction against 'B' the landlord for not to be dispossessed except by due process of law pleading that 'B' is planning to forcibly dispossess him. During the pendency of above suit, 'B' attempts to forcibly disposes 'A'. 'A' files another suit for injunction.

  1. The second suit is barred by res judicata

  2. The rule of res sub judice will apply

  3. Both A and B

  4. None of the above


Answer: Option B


  22.

Provisions of Section 10 of Code of Civil Procedure are:

  1. Directory

  2. Mandatory

  3. Non-mandatory

  4. Discretionary


Answer: Option B


  23.

In which of the following cases, did the Supreme Court uphold the validity of the Code of Civil Procedure Amendment Acts of 1999 and 2002?

  1. Delhi High Court Bar Association v. Union Of India

  2. Allahabad High Court Bar Association v. Union Of India

  3. Salem Advocate Bar Association v. Union Of India

  4. P & H High Court Bar Association v. Union Of India


Answer: Option C


  24.

Where after the end of hearing but before pronouncement of the judgement if any party to the suit dies, then the suit will

  1. abate

  2. Not abate

  3. Be decided ex parte

  4. None of the above


Answer: Option B


  25.

A decree passed in a suit under Order XXXVII of Code of Civil Procedure due to non-applying for leave to defend may be set aside

  1. Under Order IX, Rule 13 of Code of Civil Procedure

  2. Under Order XXXVII, Rule 4 of Code of Civil Procedure

  3. Under Order XXXVII, Rule 7 of Code of Civil Procedure

  4. Either A or B or C


Answer: Option B


  26.

Which order of the Code of Civil Procedure lays down general rules governing pleadings in a court?

  1. Order 6

  2. Order 7

  3. Order 8

  4. Order 9


Answer: Option A

27.

Under Order V, Rule 9(3) of Code of Civil Procedure, summon to defendant can be served through

  1. Courier services

  2. Fax messages or electronic mail services

  3. Either A or B

  4. Neither A nor B


Answer: Option C


  28.

Provisions relating to suit by or against a minor, are contained in

  1. Order XXXIII of Code of Civil Procedure

  2. Order XXXII of Code of Civil Procedure

  3. Order XXXI of Code of Civil Procedure

  4. Order XXXIV of Code of Civil Procedure


Answer: Option B


  29.

Section 115 applies to

  1. Exercise of jurisdiction not vested in a court

  2. Non-exercise of jurisdiction vested in a court

  3. Irregular exercise of jurisdiction vested in the court

  4. All the above


Answer: Option D


  30.

The provision for substituted service of summons on the defendant(s) has been made under

  1. Order V, Rule 19 of Code of Civil Procedure

  2. Order V, Rule 19A of Code of Civil Procedure

  3. Order V, Rule 20 of Code of Civil Procedure

  4. Order V, Rule 21 of Code of Civil Procedure


Answer: Option C


Bar to further suit is dealt under which of the following in the Code of Civil Procedure?

  1. Section 11

  2. Section 16

  3. Section 13

  4. Section 12


Answer: Option D


  32.

A right to set-off has been granted

  1. Under Order VIII, Rule 6 of Code of Civil Procedure

  2. Under Order VIII, Rule 6A of Code of Civil Procedure

  3. Under Order VIII, Rule 6B of Code of Civil Procedure

  4. Under Order VIII, Rule 6C of Code of Civil Procedure


Answer: Option A


  33.

Civil Procedure Code: A suit may be defeated due to

  1. Non-joinder of proper party

  2. Mis-joinder of necessary party

  3. Non-joinder of necessary party

  4. Mis-joinder of proper party


Answer: Option C


  34.

Whether the next friend of a lunatic requires permission of the Court to file a suit for declaration?

  1. Yes, specific permission and order of the Court is required

  2. No, specific permission is not required

  3. Specific permission is required if the defendant raises an objection

  4. Permission is required in case the Court finds that the suit is collusive


Answer: Option B


  35.

On the reversal of decree, which section imposes an obligation on the party to the suit who received an unjust benefit of the erroneous decree to make restitution to the other party for that he has lost?

  1. Section 141, Code of Civil Procedure

  2. Section 142, Code of Civil Procedure

  3. Section 143, Code of Civil Procedure

  4. Section 144, Code of Civil Procedure


Answer: Option D


  36.

"Framing of issues" is provided by which Rule of Code of Civil Procedure?

  1. Order XV Rule 1

  2. Order XIV Rule 1

  3. Order XVI Rule 1

  4. Order XIII Rule 1


Answer: Option B


  37.

X' files a suit for declaration of title and permanent injunction against 'Y' and files an application for temporary

injunction under Order XXXIX, Rule 1(c), Code of Civil Procedure, The Court dismisses the application for temporary injunction. 2 months later, during the pendency of the suit, X again files for temporary injunction under Order XXXIX Rule 1(c), Code of Civil Procedure, citing new facts and changed circumstances.

  1. The second application is barred by res judicata

  2. Res judicata does not apply to interlocutory orders like temporary injunctions

  3. The decision given by the court on the first application is binding throughout the pendency of the trial and can be altered only on appeal

  4. The second application is barred by the principle of res sub judice


Answer: Option B


  38.

Order V, Rule 9(3) of Code of Civil Procedure provides for service of summons to the defendant by

  1. Registered post acknowledgement due

  2. Speed post

  3. Courier services

  4. Either A or B or C


Answer: Option D


  39.

Which of the following statements is correct?

An attachment order may come to an end by

  1. Satisfaction of decree.

  2. Setting aside or reversal of decree.

  3. Dismissal of execution application for decree holder's default.

  4. Death of the decree holder.

  5. Agreement/compromise between the parties.

Select the correct answer:

A. 1, 2, 3 and 5

B. 2, 3 and 5

C. 2, 3, 4 and 5

D. All these


Answer: Option A

Under Order XVIII of Code of Civil Procedure, a Commissioner cannot be appointed to record

  1. Cross-examination of a witness

  2. Re-examination of a witness

  3. Both A and B

  4. Neither A nor B


Answer: Option D



40.

Section 114 of Code of Civil Procedure should be read with-

  1. Order 46, Rule 1

  2. Order 47, Rule 1

  3. Order 47, Rule 3

  4. Order 41


Answer: Option B


Private alienation of property after attachment of the same is-

  1. Voidable at the option of the decree holder

  2. Voidable at the option of the judgement debtor

  3. Void ab initio

  4. Voidas against all claims enforceable under the attachment


Answer: Option D


  42.

Which one of the following is not a suit of civil nature?

  1. Suits relating to right of worship

  2. Suits relating to partnership

  3. Suits relating to common law rights

  4. Suits relating to political questions


Answer: Option D


  43.

44.

Under Order 39, Rule 4 of Code of Civil Procedure an order for injunction may be discharged, varied or set aside by the court:

  1. On the application of the plaintiff

  2. On the application of the defendant

  3. On the application of any party

  4. Court on its own motion


Answer: Option C


  45.

Defendant has to seek leave to defend the suit under Order XXXVII, Rule 3 of Code of Civil Procedure

  1. Within 60 days of service of summon for judgment

  2. Within 30 days of service of summon for judgment

  3. Within 10 days of service of summon for judgment

  4. Within 7 days of service of summons for judgment


Answer: Option C


  46.

Which of the following deals with when appeals lie to the Supreme Court in the Code of Civil Procedure?

  1. Section 111

  2. Section 109

  3. Section 108

  4. Section 100


Answer: Option B


  47.

Which of the following is not a decree?

  1. Rejection of a plaint

  2. Dismissal in default

  3. Both A and B

  4. Neither A nor B


Answer: Option B


  48.

Where a decree is to be sent to a Court in another state for execution, it has to be sent by:

  1. The High Court

  2. The District Court

  3. The Court which passed the decree

  4. The Court which passed the decree with the consent of the High Court


Answer: Option C


  49.

A letter of request under section 77 of Code of Civil Procedure, to examine a witness can be issued by the court

  1. In lieu of issuing a commission

  2. In addition to issuing a commission

  3. Either A or B

  4. Neither A nor B


Answer: Option A


  50.

Decree' under Civil Procedure Code, 1908 has been defined in its

  1. Section 2(1)

  2. Section 2(2)

  3. Section 2(a)

  4. Section 2(b)


Answer: Option B


Which of the following Sections of the Code of Civil Procedure provide grounds for second appeal?

  1. Section 96

  2. Section 100

  3. Section 100A

  4. Section 101


Answer: Option B


  52.

Hearing of the suit and examination of witnesses is covered under Order . . . .

. . . . of the Code of Civil Procedure, 1908

  1. XVIII

  2. XX

  3. XVI

  4. None of the above


Answer: Option A


  53.

The Court can reject the plaint under Order VII, Rule 11(e) of Code of Civil Procedure, if it is not filed in

  1. Triplicate

  2. Duplicate

  3. Quadruplicate

  4. Only C and not A or B


Answer: Option B


  54.

Doctrine of restitution is contained in

  1. Section 144 of Code of Civil Procedure

  2. Section 145 of Code of Civil Procedure

  3. Section 148 of Code of Civil Procedure

  4. Section 149 of Code of Civil Procedure


Answer: Option A


  55.

An application can be filed for review of a judgment if . . . . . . . .

  1. If the judgment is erroneous

  2. If there is error apparent on the face of the record

  3. If the matter is important and requires rehearing

  4. None of the above


Answer: Option B


  56.

Judgment-debtor means:

  1. Any person against whom a decree has been passed

  2. An order capable of execution has been made

  3. Either A or B

  4. None of these


Answer: Option C


  57.

Which of the following orders is not appealable under the Code of Civil Procedure

  1. An order under Section 95

  2. An order under Order XL Rule 1

  3. An order under Order XI Rule 21

  4. An order under Section 24


Answer: Option D

58.

What the court can do when neither party appears when it is called for hearing?

  1. Ex parte order

  2. Refer for arbitration

  3. Refer for conciliation

  4. Dismissal of suit


Answer: Option D


  59.

Whether the appeal or revisional court can return the plaint under Order 7 Rule 10 Code of Civil Procedure after set side the decree:

  1. No

  2. On technical ground

  3. With the consent of parties

  4. Yes


Answer: Option D


  60.

Mark the incorrect proposition:

  1. Set-off is a statutory defence to a plaintiff's action, whereas a counterclaim is a cross-action.

  2. Set-off and counter-claim arises out of the same transaction.

  3. Set-off should not be barred on the date of the suit while counter-claim should not be barred on the date of filing of written statement.

  4. Claim for set-off cannot exceed plaintiff's claim, whereas counterclaim can exceed the plaintiffs claim.

  5. Both set-off and counter-claim cannot exceed the pecuniary jurisdiction of the court.

  1. 1 only

  2. 2 only

  3. 3 and 5

  4. 4 only

Answer: Option B


Place of suing in respect of suits for compensation for wrongs to persons or moveable property has been dealt with

  1. Under section 18 of Code of Civil Procedure

  2. Under section 19 of Code of Civil Procedure

  3. Under section 20 of Code of Civil Procedure

  4. Under section 21 of Code of Civil Procedure


Answer: Option B


  62.

Properties that can be attached are:

  1. Money, Bank Notes, Cheques, Bills of exchange, Hundis, Promissory notes

  2. Stipends and gratuities allowed to pensioners of the Government

  3. Books of account

  4. All of the above


Answer: Option A


  63.

A sues B in 1869 to recover a talukdari estate from him. The suit is dismissed on a finding that the estate had become the absolute property of B under a conditional sale made by A to B in 1853. A then sues B in 1875 for redemption of the same property, alleging that he had mortgaged the property as absolute owner thereof to B in 1854.

  1. The suit is barred

  2. The suit is not barred

  3. The suit may or may not be barred

  4. None of these

Answer: Option B


  64.

If a right of a Liability is created by a statue, which of the following situation may arise.

  1. The statute may create a specific forum for its enforcement

  2. If no machinery is provided for enforcement civil court can entertain the suit

  3. Both A and B

  4. None of the above


Answer: Option C


  65.

The court may also permit service of summons by the plaintiff in addition to service of summons by the court by Order 5, and of Code of Civil

Procedure.

  1. Rule 9

  2. Rule 9A

  3. Rule 10

  4. Rule 11


Answer: Option B


  66.

Second appeal under Section 100 of Code of Civil Procedure lies

  1. On question of facts

  2. On substantial questions of law

  3. On mixed question of law and fact

  4. All the above


Answer: Option B


  67.

Appeals can be preferred against

  1. Decree

  2. Order

  3. Both decree and order

  4. Only decree and not order


Answer: Option C


  68.

On dismissal of a suit for non- compliance with an order for discovery under Order XI, Rule 21 of the Civil Procedure Code 1908, the plaintiff:

  1. Can bring a fresh suit on the same cause of action as a matter of right

  2. Can bring a fresh suit on the same cause of action only with the leave of the court

  3. Can bring a fresh suit on the same cause of action only if the court dismissing the suit has granted liberty to file a fresh suit

  4. Cannot bring any fresh suit on the same cause of action


Answer: Option D


  69.

Under the inherent powers of the Civil Court it can pass orders

  1. To refer the matter of Mediator

  2. Necessary for the ends of justice or to prevent abuse of the process of the Court

  3. For compelling the parties to settle their case

  4. For compelling a plaintiff to withdraw his suit


Answer: Option B


  70.

In an application under Order XXXVII, Rule 4 of Code of Civil Procedure for

setting aside the ex-parte decree, the defendant has to show

  1. Special circumstances which prevented him from appearing or applying for leave to defend

  2. Facts which would entitle him to leave to defend

  3. Both A and B

  4. Either A or B


Answer: Option C


  71.

Under which one of the following provisions of the Civil Procedure Code, 1908 consequences of disobedience or breach of injunction has been described?

  1. Order XXXII

  2. Order XXXIII

  3. Order XXXIX, Rule 2A

  4. None of the above


Answer: Option C


  72.

If a plaint is rejected on the ground that it does not disclose a cause of action, can the plaintiff present a fresh suit on the same cause of action?

  1. Yes

  2. No

  3. Never

  4. None of the above


Answer: Option A


  73.

Suits relating to constitutional validity of statutory instruments are provided in-

  1. Order 27A, Rule 1-A of the Code of Civil Procedure

  2. Order 34, Rule 1 of the Code of Civil Procedure

  3. Order 32A, Rule 3 of the Code of Civil Procedure

  4. Order 37, Rule 2 of the Code of Civil Procedure


Answer: Option A


  74.

Where in order allowing amendment, no time is prescribed then amendment can be made from the date of order in

  1. In reasonable time

  2. Fourteen Days

  3. Sixty Days

  4. Three Days


Answer: Option B


  75.

Costs can be imposed in

  1. A suit

  2. Execution proceedings

  3. A suit as well as execution proceedings

  4. Only in a suit and not in execution proceedings


Answer: Option C


  76.

Which of the following deals with the dismissal of suit where plaintiff, after summons returned unserved, fails for [seven days] to apply for fresh summons in the Code of Civil Procedure?

  1. Order 5, Rule 30

  2. Order 4, Rule 13

  3. Order 9, Rule 5

  4. Order 10, Rule 22


Answer: Option C


  77.

An assignee of an interest during the pendency of the suit can be brought on record by virtue of

  1. Order XXII, Rule 10 of Code of Civil Procedure

  2. Order XXII, Rule 10A of Code of Civil Procedure

  3. Order XXII, Rule 4A of Code of Civil Procedure

  4. Order XXII, Rule 11 of Code of Civil Procedure


Answer: Option A


  78.

The amount which a Civil Judge can order to be paid as compensatory cost in respect of a false or vexatious claim or defence shall not exceed the amount of:

  1. Rs. 3,000/- or the limit of pecuniary jurisdiction of the Civil Judge, whichever is more

  2. Rs. 3,000/- or the limit of pecuniary jurisdiction of the Civil Judge, whichever is less

  3. Rs. 5,000/- or the limit of pecuniary jurisdiction of the Civil Judge, whichever is less

  4. Rs. 5,000/- or the limit of pecuniary jurisdiction of the Civil Judge, whichever is more


Answer: Option B


  79.

Formal expression of an adjudication which, so far as records the court

expressing it, conclusively determines rights of the parties, is-

  1. Decree

  2. Order

  3. Judgement

  4. Appellate order


Answer: Option A


  80.

Which of the followingis true of rules framed by the Supreme Court with reference to appeals to it?

  1. They are a special law within s. 4 of the Code of Civil Procedure

  2. They must take precedence over s. 114 or O.47

  3. Both A and B

  4. None of these


Answer: Option C


Decree of restitution of conjugal rights may be enforced:

  1. By detention of judgment debtor in civil prison

  2. By attachment of his property

  3. A and B both

  4. By sending the decree holder to judgment debtor's house in police custody


Answer: Option B


  82.

The decree of Restitution of Conjugal Rights can be enforced under the following provision of Code of Civil Procedure;

  1. Order 21 Rule 32

  2. Order 22 Rule 31

  3. Order 21 Rule 25

  4. None of the above

Answer: Option A


  83.

Objection as to the place of suiting

  1. Can only be taken before the court of first instance at the earliest possible opportunity

  2. Can be taken before the appellate court for the first time

  3. Can be taken before the court of revision for the first time

  4. All the above


Answer: Option A


  84.

Provision for grant of temporary injunction is provided in of

the Code of Civil Procedure.

  1. Section 95 read with Order XXXIX

  2. Section 78

  3. Section 95 read with Order XXXVII

  4. Section 151


Answer: Option A


  85.

Attachment of portion of salary can be continued for a maximum period of . .

. . . . . .

  1. 6 months

  2. 12 months

  3. 24 months

  4. 36 months


Answer: Option C


  86.

To compel the attendance of a witness against whom summons has been issued to give evidence, the Court may under Section 32 of Civil Procedure Code

  1. Issue a warrant for his arrest

  2. Attach and sell his property

  3. Impose a fine upon him not exceeding Rs. 5,000/-

  4. All of these


Answer: Option D


  87.

On failure to file the written statement, under Order VIII, Rule 10 of Code of Civil Procedure the Court

  1. May pronounce the judgment at once

  2. May order for striking off the defence

  3. May pass any other order

  4. Either A or B or C


Answer: Option D

90.

The death of a plaintiff or defendant shall not cause the suit to abate, if

  1. The cause of action survives

  2. The relief survives

  3. The right to sue survives

  4. All of the above


Answer: Option C


Which of the following deals with summons to order defendant to produce documents relied on by him in the Code of Civil Procedure?

  1. Order 7, Rule 3

  2. Order 5, Rule 7

  3. Order 6, Rule 10

  4. Order 4, Rule 8


Answer: Option B



88.

Which of the following deals with objections to jurisdiction in the Code of Civil Procedure?

  1. Section 18

  2. Section 20

  3. Section 21

  4. Section 25


Answer: Option C


  89.

The provisions relating to Mesne Profits are provided in which Section of Civil Procedure Code, 1908?

  1. Section 2(10)

  2. Section 2(12)

  3. Section 2(14)

  4. Section 2(16)


Answer: Option B

92.

A suit may be dismissed under Order 9 of Code of Civil Procedure, 1908:

  1. Where the summons is not served upon the defendant in consequence of the plaintiffs failure to pay costs for service of summons.

  2. Where neither the plaintiff nor the defendant appears.

  3. Where plaintiff, after summons returned unserved, fails for 7 days to apply for fresh summons.

  4. Where on the date fixed for hearing in a suit only defendant appears and he does not admit the plaintiffs claim.

  1. 1, 2 and 3

  2. 1, 3 and 4

  3. 2, 3 and 4

  4. All of the avove


Answer: Option D


  93.

A review petition is maintainable where:

  1. The review applicant has already filed an appeal which is pending

  2. The opposite party files an appeal, after review petition was filed

  3. Appeal filed by the review applicant has been dismissed by a speaking order on merits

  4. Filing of appeal by any side is immaterial


Answer: Option B


  94.

If the plaintiff wants to withdraw the suit, then

  1. The plaintiff can withdraw the suit against all the defendants if there are more than one

  2. The plaintiff has the liberty to withdraw the suit against some of the defendant if there are more than one

  3. The plaintiff has the liberty to withdraw the suit against anyone of the defendants

  4. All the above


Answer: Option D


  95.

A decree holder:

  1. Need not be a party to the suit

  2. The term is not confined to plaintiff

  3. Both A and B

  4. Neither A nor B


Answer: Option C


  96.

Which of the following deals with execution barred in certain cases in the Code of Civil Procedure?

  1. Section 46

  2. Section 48

  3. Section 45

  4. Section 49


Answer: Option B


  97.

Under which provision of Code of Civil Procedure a plaint is rejected by the Courts in the absence of cause of action

  1. Order 7 Rule 11(a)

  2. Order 7 Rule 11(b)

  3. Order 7 Rule 11(d)

  4. Order 7 Rule 11(c)


Answer: Option A


  98.

Can the court order payment of money by instalments, after the decree?

  1. Yes

  2. No

  3. Never

  4. None of the above


Answer: Option A


  99.

"Jurisdiction of civil court is not excluded in respect of adoption. The question regarding adoption involves declaration as to status/character of person can be decided only by civil court." This was held by the Supreme Court of India in:

  1. Ramchandra Dagdu Sonavane v. Vithu, AIR 2010 SC 818

  2. Sushil Kumar v. State, AIR 2010 SC 832

  3. Parminder Kaur v. State, AIR 2010 SC 840

  4. Alagarsamy v. State, AIR 2010 SC 849


Answer: Option A


  100.

Multifariousness in a suit results due to

  1. Misjoinder of parties

  2. Misjoinder of cause of action

  3. Misjoinder of parties and misjoinder of cause of action

  4. Either misjoinder of parties or misjoinder of cause of action


Answer: Option C

Which of the following combinations are correctly matched?

  1. Judgement and decree ⇔ Section 34, Code of Civil Procedure

  2. Costs ⇔ Section 35, Code of Civil Procedure

  3. Institution of suits ⇔ Section 26, Code of Civil Procedure

  4. Legal representative ⇔ Section 50, Code of Civil Procedure

Select correct answer:

  1. 2, 3 and 4

  2. 1, 2 and 3

  3. 1, 3 and 4

  4. 1, 2 and 4


Answer: Option A


  2. Which of the following deals with the transfer of decree in the Code of Civil Procedure?

  1. Section 41

  2. Section 36

  3. Section 39

  4. Section 52


Answer: Option C


  3. After signing of judgment or final order, the same can be altered or reviewed only for the purpose of:"

  1. Amending the findings

  2. For enhancing or remitting the amount of costs

  3. For correcting the clerical or arithmetical error

  4. None of the above


Answer: Option C


  4.

Which one of following conditions must be satisfied in order to apply the rule of res judicata as between co- defendants?

  1. There should not be conflict of interest between the defendants

  2. They must be co-defendants in more than one suit

  3. The question between the defendants must have been finally decided

  4. The question between the defendants must not have been finally decided


Answer: Option C


  5. Failure of the judgment debtor to file affidavit of assets under Order XXI Rule 41(b) of the Code of Civil Procedure can result in:

  1. Civil imprisonment up to three months for the judgment debtor

  2. Civil imprisonment up to six months from the judgment debtor

  3. Civil imprisonment up to nine months from the judgment debtor

  4. Imposition of fine on the judgment debtor of the decretal amount


Answer: Option A


  6. Where the defendant is absent at the time when service of summons is sought to be effected on him at his residence, there being no likelihood of his availability within reasonable time and in absence of an empowered agent, the service may be made on

  1. Any adult male member of his family

  2. Any adult female member of his family

  3. A servant engaged by the defendant at his residence

  4. Both A and B


Answer: Option D


  7. Objection as to non-joinder or mis- joinder of parties under Order 1, Rule 13 of Code of Civil Procedure

  1. Can be taken at any stage of the proceedings

  2. Should be taken at the earliest possible opportunity or shall be invalid

  3. Can be taken in appeal or revision for the first time

  4. Either A or C


Answer: Option B


  8. Abatement of suit can be set aside

  1. Under Order XXII, Rule 9 of Code of Civil Procedure

  2. Under Order XXII, Rule 10 of Code of Civil Procedure

  3. Under Order XXII, Rule 10 of Code of Civil Procedure

  4. Under Order XXII, Rule 11 of Code of Civil Procedure


Answer: Option A


  9. Under Order IX, Rule 8 of Code of Civil Procedure, a suit can be dismissed if

  1. On the date of hearing only the defendant appears and the plaintiff does not appear

  2. On the date of hearing neither party appears

  3. Court fee or postal charges are not paid by the plaintiff for issuance of summons to the defendant

  4. All the above


Answer: Option A


  10.

Arrest and detention of a person in civil imprisonment in execution of a decree:

  1. Absolves him from liability under the decree but can be re-arrested

  2. Does not absolve him and the person cannot be re-arrested

  3. Does not absolve him and the person can be re-arrested

  4. Absolves him from liability altogether and cannot be re-arrested


Answer: Option B


What does the recent judgment of the Supreme Court in Union of India v.

Diler Singh deal with?

  1. Second appeal

  2. Restitution

  3. Res Judicata

  4. Suit against government


Answer: Option A


  12.

Which of the following relates to set off?

  1. Order VIII

  2. Order VII

  3. Order VI

  4. All of the above


Answer: Option A


  13.

Pleadings under Civil Procedure Code, 1908 essentially means

  1. Written statement only

  2. Plaint only

  3. Plaint and Written Statement

  4. Plaint, Written Statement and replication


Answer: Option C


  14.

The power under Order XXXVII, Rule 4 of Code of Civil Procedure is

  1. Confined to setting aside the ex- parte decree

  2. Not confined to setting aside the ex- parte decree and extends to staying or setting aside the execution but not to giving leave to appear and defend the suit

  3. Not confined to setting aside the ex- parte decree, and extends to staying or setting aside the exemption and giving leave to appear and defend the suit

  4. Confined to staying or setting aside the exemption


Answer: Option C


  15.

Where it appears to the court that elements of an acceptable settlement exist, the court may refer it to:

  1. Arbitration/conciliation/mediation

  2. Judicial settlement, including that through Lok Adalat

  3. Both A and B

  4. None of the above


Answer: Option C


  16.

Which of the following is not a part of expression "Decree" as defined under Section 2(2) of Civil Procedure Code?

  1. Adjudication of civil court

  2. Conclusive determination of rights

  3. Any order of dismissal for defaults

  4. Formal expression of an adjudication


Answer: Option C


  17.

In an 'Inter-pleader suit' there

  1. Are several claimants claiming the property adverse to each other

  2. Is only one claimant claiming the property against the other

  3. Are several claimants claiming the property under common interest of all

  4. None of the above


Answer: Option A


  18.

Where a decree is silent as regards future interest

  1. Future interest shall be deemed to have been refused and a separate suit shall lie for the same

  2. Future interest shall be deemed to have been refused and a separate suit shall not lie

  3. Future interest shall be deemed to have been inadvertently omitted and an application can be moved before the court

  4. Future interest shall be deemed to have been granted and it shall be a clerical or arithmetical error to be corrected on application


Answer: Option B


  19.

Where any injunction is passed without giving notice to opposite

party the court will try to decide the application within

  1. 7 days

  2. 15 days

  3. 21 days

  4. 30 days


Answer: Option D


  20.

Litigating parties, upon court

jurisdiction of the court, by mutual consent.

  1. Cannot confer or cannot take away

  2. Can confer or can take away

  3. Cannot confer but can take away

  4. Can confer but cannot take away


Answer: Option D


Which of the following order a court may pass under Order IX, Rule 3 Code of Civil Procedure in a suit where neither plaintiff nor defendant appears on fixed day of hearing?

  1. Simple adjournment

  2. Dismissal of suit

  3. Imposition of costs

  4. Adjournment sine-die

  5. None of these


Answer: Option B


  22.

What is the essence of pleadings?

  1. Plead facts not law

  2. Plead law not facts

  3. Plead facts and law

  4. All the above


Answer: Option A

23.

If appellate Court remands a case and order of remand does not cover the whole of the subject matter of the suit, appellant shall be entitled to get

  1. Refund of whole of the Court fee

  2. No refund

  3. Proportionate refund

  4. None of the above


Answer: Option C


  24.

The Amendment Act II of 1951 which repealed Section 1(3) of the Code of Civil Procedure substituted which of the following?

  1. The tribal areas in the State of Assam

  2. Save as hereinafter provided, the Scheduled areas in the State of Madras

  3. The State of Jammu and Kashmir

  4. The State of Manipur

A. 1, 2

B. 2, 3

C. 3, 4

D. All of these


Answer: Option D


  25.

Permission under Order XXXIII of Code of Civil Procedure can be granted

  1. To sue

  2. To plead a set-off

  3. To plead a counter-claim

  4. All the above


Answer: Option D


  26.

Under section 75, a commission can be issued

  1. To make local investigation

  2. To hold a scientific, technical or expert investigation

  3. To perform any ministerial act

  4. All the above


Answer: Option D


  27.

A decree was transferred for its execution from Court X to Court Y. Court Y is of the opinion that Court X committed an error when it calculated the limitation period. Court Y announced that it rectified the mistake of Court X and upheld the rule of law by pronouncing judgment in favour of judgment debtor. This was challenged by the decree holder in the appellate court. Predict whether the decree holder will win the case.

  1. Yes, he will win the case

  2. No

  3. No, because of the application of Rule of Law

  4. None of the above


Answer: Option A


  28.

Section 115 of the Civil Procedure Code provides provision for the following:

  1. Reference

  2. Review

  3. Revision

  4. Appeal to the Supreme Court


Answer: Option C


  29.

Under Order XXIII, Rule 3A of Code of Civil Procedure, a suit to set aside a compromise decree

  1. Shall lie on the ground that compromise is not lawful

  2. Shall not lie on the ground that the compromise is not lawful

  3. Shall not lie on any ground

  4. Both B and C


Answer: Option B


  30.

The expression 'Court which passed a decree' is defined under which section Civil Procedure Code

A. 2(2)

B. 2(3)

  1. 37

  2. 38


Answer: Option C


Which of the following statements are correct in the context of Section 5 of Code of Civil Procedure?

  1. Revenue Court is a part of Civil Court

  2. Civil Court. means courts having original jurisdiction under Code of Civil Procedure but not Revenue Court

  3. Civil Court means courts having original jurisdiction under Code of Civil Procedure including Revenue Court

  4. Revenue Court is not a part of Civil Court

  1. 1 and 2

  2. 2 and 3

  3. 2 and 4

  4. 3 and 4

  5. None of these


Answer: Option C


  32.

A plea of 'demurrer' means that

  1. The suit is barred by law for the time being in force under Order VII, Rule 11(d) of Code of Civil Procedure

  2. The suit is barred, the plaint being not supported by the affidavit as required under Order VI, Rule 15 of Code of Civil Procedure

  3. The plaint does not disclose any cause of action

  4. The plaint has not been signed and verified by a competent person


Answer: Option C


  33.

Under Order VI, Rule 15 of Code of Civil Procedure pleading must be verified by

  1. All the parties

  2. Anyone of the parties

  3. All the parties if there are more than one or anyone of the parties only

  4. A and B


Answer: Option C


  34.

Who amongst the following under section 83 of Code of Civil Procedure cannot sue in any court

  1. Alien enemy residing in India with the permission of the Central Government

  2. Alien enemy residing in a foreign country

  3. Alien friend

  4. Neither A nor B nor C


Answer: Option B


  35.

The court can enlarge the time under section 148 of Code of Civil Procedure for doing any act prescribed or

allowed under the Code of Civil Procedure, not exceeding in total

  1. 90 days

  2. 60 days

  3. 45 days

  4. 30 days


Answer: Option D


  36.

Which of the following deals with service on agent by whom defendant carries on business in the Code of Civil Procedure?

  1. Order 5, Rule 13

  2. Order 9, Rule 12

  3. Order 6, Rule 10

  4. Order 10, Rule 8


Answer: Option A


  37.

In case of death of a defendant the necessity of substituting the legal representatives of the deceased defendant

  1. Cannot be dispensed with under any circumstances

  2. Can be dispensed with in respect of a defendant who has failed to file the written statement

  3. Can be dispensed with in respect of a defendant who having filed the written statement, does not appear and contest the suit

  4. Both B and C


Answer: Option D


  38.

Which of the following deals with second appeal on no other grounds in the Code of Civil Procedure?

  1. Section 111

  2. Section 101

  3. Section 108

  4. Section 100


Answer: Option B


  39.

Which of the following is a correct statement?

  1. A woman can be arrested for execution of money decree

  2. A woman can be arrested and released on bail in execution of money decree

  3. A woman cannot be arrested for execution of money decree

  4. Money decree cannot be executed against woman


Answer: Option C


  40.

Objection as to place of suing shall be taken in the Court of first instance, is the essence of Section of the

Code of Civil Procedure, 1908.

  1. 21A

  2. 20

  3. 22

  4. 21


Answer: Option D


The plaintiff in a suit, onus of all the issues framed wherein is on the plaintiff, during the cross-examination of the defendant and his witnesses produces documents not filed earlier and not executed by the defendant or his witnesses and puts to the defendant and his witnesses the said documents. The said documents are not admitted or acknowledged by the

defendant and/or his witnesses and are not admitted into evidence though remain on record.

  1. The plaintiff after closure of evidence of defendant is entitled to lead evidence to prove the documents so shown for the first time in cross- examination

  2. The plaintiff is not entitled to lead evidence in proof of the said documents which the plaintiff had failed to produce within the prescribed time

  3. The said documents will be read in evidence at the time offinal arguments

  4. The plaintiff can lead rebuttal evidence qua the said documents


Answer: Option B


  42.

Under Order IX, Rule 2 of Code of Civil Procedure a suit can be dismissed

  1. When on the date fixed for hearing in a suit, neither of the parties appear

  2. When on the date fixed for hearing, the defendant(s) appears but the plaintiff does not appear

  3. When the plaintiff fails to pay the court fee or postal charges for the service of summons of the suit to the defendant(s)

  4. All the above


Answer: Option C


  43.

Which of the following deals with the procedure in case of non-attendance of one or more of several plaintiffs in the Code of Civil Procedure?

  1. Order 5, Rule 30

  2. Order 4, Rule 13

  3. Order 6, Rule 4

  4. Order 9, Rule 10


Answer: Option D


  44.

Match the following lists:

List I (Order of Code of Civil Procedure)


List II (Subjects)

a. Order XVII

1. Execution


b. Order XXI

2. Suit by or against Corporation

c. Order XXIX

3. Suit by Indigent

d. Order XXXIII

4. Adjournment

A. a-1, b-2, c-3, d-4

B. a-4, b-3, c-2, d-1

C. a-4, b-1, c-2, d-3

D. a-3, b-2, c-4, d-1


Answer: Option C


  45.

Before filing a suit against government under Section 80 of Code of Civil Procedure it requires a notice to be given to the government of

  1. 60 days

  2. 30 days

  3. 90 days

  4. 14 days


Answer: Option A


  46.

The Civil Court can grant an injunction without issuing notice to the defendant,

  1. In all cases

  2. Only if the object of granting injunction would be defeated by delay and after recording reasons therefor

  3. If the plaintiff offers some security for loss occasioned to the defendant by such ex parte order

  4. In no circumstances


Answer: Option B


  47.

Suing of partners in name of firm is dealt under which of the following in the Code of Civil Procedure?

  1. Order 12, Rule 1

  2. Order 10, Rule 9

  3. Order 19, Rule 6

  4. Order 30, Rule 1


Answer: Option D


  48.

Where, in any suit in which an arrest or attachment has been effected or a temporary injunctions granted, the court, under section 95 of Code of Civil Procedure can order for payment of compensation to the defendant against the plaintiff in case

  1. Where such arrest, attachment or injunction was applied for on insufficient grounds

  2. Where the suit of the plaintiff fails and it appears that there was no reasonable or probable grounds for instituting the same

  3. Either A or B

  4. Only B and not A


Answer: Option C


  49.

Suit for recovery of money in promissory notes can be filed

  1. Under normal procedure

  2. Under summary procedure as laid down in Order 37, Code of Civil Procedure

  3. In the High Court

  4. As a writ petition


Answer: Option B


  50.

Principle of res judicata applies to . . . .

. . . .

  1. Suits only

  2. Execution proceedings only

  3. Arbitration proceedings only

  4. Suits as well as execution proceedings


Answer: Option D


A party under Code of Civil Procedure may object to answer in interrogatory if it is:

  1. Scandalous and irrelevant

  2. Mala fide and immaterial

  3. Privileged

  4. All of these


Answer: Option D


  52.

Who shall produce the evidence first

  1. Plaintiff

  2. Defendant

  3. Either plaintiff or defendant

  4. As directed by the court


Answer: Option A


  53.

Which of the following deals summons given to the plaintiff for service in the Code of Civil Procedure?

  1. Order 5, Rule 9A

  2. Order 2, Rule 2

  3. Order 6, Rule 10

  4. Order 4, Rule 8


Answer: Option A


  54.

State of Uttar Pradesh v. Nawab Hussain, 1977 SCR (3) 428 relates to:

  1. Res subjudice

  2. Res judicata

  3. Constructive res judicata

  4. Deemed res judicata


Answer: Option C


  55.

In a suit, issues are framed in respect of

  1. Questions of facts

  2. Questions of law

  3. Mixed question of fact and law

  4. All the above


Answer: Option D


  56.

As per Section 148 of Code of Civil Procedure, the Court may enlarge the prescribed period for

  1. 15 days

  2. 30 days

  3. 60 days

  4. 90 days


Answer: Option B


  57.

In civil proceedings where a decree is silent as regards future interest; future interest shall be deemed to

have been refused and a separate suit shall not lie-

  1. True

  2. False

  3. Partly true

  4. None of the above


Answer: Option A


  58.

Where the defendant appears and the plaintiff does not appear when the suit is called for hearing and where a part of the claim is admitted the court shall:

  1. Dismiss the whole suit

  2. Dismiss the suit so far as it relates to the remainder

  3. Pass the decree of the whole claim

  4. Proceed ex parte (proceedings) against defendant


Answer: Option B


  59.

After the trial of the suit the Court found that the suit was barred by the principle of res judicata and did not discuss and answer the other issues. The procedure adopted by the court is

  1. Legal

  2. Justified

  3. Proper

  4. Illegal


Answer: Option D


  60.

A decree for specific movable property can be executed

  1. By attachment

  2. By detention

  3. By seizure

  4. All the above


Answer: Option D


Profit received during wrongful possession over a property is

  1. Casual profit

  2. Actual profit

  3. Conditional profit

  4. Mesne profit


Answer: Option D


  62.

A defendant should present written statement of his defence within thirty days from the service of summons on him. The said period can be extended upto:

  1. 30 days

  2. 60 days

  3. 90 days

  4. 100 days


Answer: Option C


  63.

Which section of the Code of Civil Procedure prohibits arrest or detention of woman in the execution of a decree of money?

  1. Section 55

  2. Section 56

  3. Section 59

  4. Section 60


Answer: Option B


  64.

Where the defendant resides out of India the summons shall be addressed and sent to him under Order V, Rule 25 of Code of Civil Procedure,

  1. Through post

  2. Through any court having jurisdiction in the place where the defendant resides

  3. Through the High Court in the place where the defendant resides

  4. Either A or B or C


Answer: Option A


  65.

In a suit, the list of witnesses has to be filed by the parties

  1. Before settlement of issues

  2. After settlement of issues

  3. At any time

  4. All of the above


Answer: Option B


  66.

The rule of rateable distribution of the proceeds of execution sale amongst decree holders is contained in

  1. Section 73 of Code of Civil Procedure

  2. Section 74 of Code of Civil Procedure

  3. Section 75 of Code of Civil Procedure

  4. Section 76 of Code of Civil Procedure


Answer: Option A


  67.

Civil Procedure Code Pleading does not include

  1. Plaint

  2. Written Statement

  3. Evidence

  4. Material Facts


Answer: Option C

68.

Suit to include the whole claim under which of the following in the Code of Civil Procedure?

  1. Order 2, Rule 2

  2. Order 7, Rule 9

  3. Order 3, Rule 3

  4. Order 4, Rule 8


Answer: Option A


  69.

Disciplinary Committee of Bar Council is Conferred the powers of Civil Court under Code of Civil Procedure, 1908 by

  1. Section 36 of Advocates Act, 1961

  2. Section 42 of Advocates Act, 1961

  3. Section 42A of Advocates Act, 1961

  4. Section 28 of Advocates Act, 1961


Answer: Option B


  70.

Appointment of receiver has been dealt with

  1. Under Order XLIV

  2. Under Order XLII

  3. Under Order XL

  4. Under Order XLV


Answer: Option C


Which of the following questions is not to be determined by an executing court?

  1. Discharge of decree

  2. Execution of decree

  3. Modification of decree

  4. Satisfaction of decree


Answer: Option C

72.

Service of summons of a Civil Suit on the defendant thereto can he ordered by publication in a newspaper, when:

  1. The plaintiff is willing to bear the costs thereof

  2. The defendant stays outside the territorial jurisdiction of the Court

  3. The defendant is avoiding service or cannot be served in ordinary way

  4. The plaintiff fails to take steps for service of the defendant


Answer: Option C


  73.

Under section 83 of Code of Civil Procedure, an alien enemy residing in India without the permission of the Central Government

  1. Can sue in any court only with the permission of the Central Government

  2. Can sue in any court with the permission of the State Government of the State where he is residing

  3. Either A or B

  4. Cannot sue in any court at all


Answer: Option D


  74.

Point out incorrect answer-

A decree passed by a civil court can be executed by-

  1. The court which passed that decree

  2. The court to which the decree is transferred for execution by the court passing the decree

  3. Any court having jurisdiction concurrent to the court that passed the decree

  4. Either by court A or B as above


Answer: Option D

  75.

Order 5 of Code of Civil Procedure provides for:

  1. Issue and Service of Summons

  2. Institution of Suits

  3. Pleadings Generally

  4. Admissions


Answer: Option A


  76.

Which one of the following provision of Civil Procedure Code, 1908 is related to affidavit

  1. Order 17

  2. Order 19

  3. Order 26

  4. Order 39


Answer: Option B


  77.

In a suit against a Corporation, the summons may be served on:

  1. Any employee of the corporation

  2. Relative of the director of the corporation

  3. Principal officer of the corporation

  4. None of the above


Answer: Option C


  78.

On service of summons under Rule 2 of Order XXXVII of the Code of Civil Procedure, the defendant has to:

  1. Within ten days of such service enter an appearance and file in Court an address for service of notices on him

  2. Within seven days of such service enter an appearance and file in Court an address for service of notices on him

  3. File written statement within 30 days of such service

  4. File leave to defend within ten days of such service


Answer: Option A


  79.

Section 20 of Code of Civil Procedure does not apply to

  1. Arbitration proceedings

  2. Civil proceedings

  3. Both A and B

  4. Neither A nor B


Answer: Option A


  80.

In how much time, respondent may file cross-objections from the day of service of the notice of the hearing of appeal?

  1. In 45 days

  2. In one month

  3. In 45 days

  4. In 21 days


Answer: Option B


Under Civil Procedure Code, 1908 copy of plaint.

  1. Shall be attached with every summons

  2. Is not necessary to attach with every summons

  3. May be attached with the summons when court permits

  4. Is attached with summons on the request of the plaintiff


Answer: Option A


  82.

Which one of the following sections of the Code of Civil Procedure provides for the trial in open Courts where public may have access?

  1. Section 153A

  2. Section 153B

  3. Section 153C

  4. Section 153D


Answer: Option B


  83.

Enlargement of time fixed by the court is provided under Section:

  1. 144 Code of Civil Procedure

  2. 151 Code of Civil Procedure

  3. 152 Code of Civil Procedure

  4. 148 Code of Civil Procedure


Answer: Option D


  84.

In a suit where the doctrine of res judicata applies

  1. The suit is liable to be dismissed

  2. The suit is liable to be stayed

  3. Both A and B

  4. None of the above


Answer: Option A


  85.

No arrest and detention in civil imprisonment can be made if the decree is for payment of

  1. Not exceeding Rs. 2000

  2. Not exceeding Rs. 3000

  3. Not exceeding Rs. 4000

  4. Not exceeding Rs. 5000


Answer: Option A


  86.

Which of the following is true of rules framed by the Supreme Court with reference to appeals to it?

  1. They are a special law within Section 4 of the Code of Civil Procedure

  2. They must take precedence over Section 114 or Order 47

  3. Both A and B

  4. None of these


Answer: Option D


  87.

A decree passed in a suit under Order 37 of Code of Civil Procedure without applying for leave to defend may be set aside under:

  1. Order 9, Rule 13 of Code of Civil Procedure

  2. Order 37, Rule 4 of Code of Civil Procedure

  3. Order 37, Rule 7 of Code of Civil Procedure

  4. Either A or B or C


Answer: Option B


  88.

Judgment' means-

  1. Decree given by court

  2. Order given by Court

  3. Statement given by a judge on the grounds of decree

  4. Statement given by a judge on the grounds of decree and order


Answer: Option D


  89.

Defendant need not to be interested in all the relief claimed under which of the following in the Code of Civil Procedure?

  1. Order 3, Rule 1

  2. Order 1, Rule 5

  3. Order 3, Rule 3

  4. Order 4, Rule 8


Answer: Option B


  90.

Match List-I with List-II and select the correct answer:

List I

List II


a. Restitution afresh

1. Representative of a minor or a plaintiff of unsound mind in a civil suit


b. Next friend

2. Person representing the estate of the deceased


c. Legal representative

3. Debtor of the representative judgment-debtor liable for payment or delivery


d. Garnishees

4. Setting aside ex parte decree and rehearing the case

A. a-2, b-3, c-1, d-4

B. a-4, b-3, c-2, d-1

C. a-4, b-1, c-2, d-3

D. a-3, b-4, c-2, d-1


Answer: Option C


The provisions of res judicata are also implemented in the case of the execution of decree:

  1. The statement is correct

  2. The statement is wrong or incorrect

  3. The provisions of res judicata are implemented in the suits only

  4. The provisions are not implemented on pointing out by the judgement debtor


Answer: Option A


  92.

Under Order 7 Rule 11 of the Code of Civil Procedure, 1908. The plaint shall not be rejected

  1. Where it discloses cause of action

  2. Where the suit appears from the statement in the plaint to be barred by any law

  3. Where the plaintiff fails to comply with the provision of Rule 9

  4. Where it is not filed in duplicate


Answer: Option A


  93.

Which of the following deals with where interpleader suit may be reinstituted in the Code of Civil Procedure?

  1. Section 90

  2. Section 88

  3. Section 92

  4. Section 82


Answer: Option B


  94.

The case of Daryao vs. State of Uttar Pradesh AIR 1961 SC 1457 is related to

  1. Suit of civil nature

  2. Transfer of execution proceedings

  3. Adjournment

  4. Doctrine of Res-Judicata


Answer: Option A

  95.

Provisions relating to set-off and counter-claims are contained in which of the following order to the Code of Civil Procedure, 1908?

  1. Order VI

  2. Order VII

  3. Order VIII

  4. Order IX


Answer: Option C


  96.

Commission to make local investigation cannot be issued for the purposes of

  1. Collecting evidence on a fact

  2. Elucidating any matter in dispute

  3. Ascertaining the market value of the property

  4. Ascertaining the amount of mesne profit


Answer: Option A


  97.

Inherent powers of the court to meet the ends of justice have been saved under Section of the Code of

Civil Procedure, 190

A. 149

B. 150

C. 151

D. None of the above


Answer: Option C


  98.

Neither a judgment in personam nor judgment in rem can be challenged

  1. Can always challenge the judgment on the ground of competency

  2. Can never challenge the judgment on the ground of competency

  3. Can challenge the judgment on the ground of competency under certain circumstances

  4. Either A or C


Answer: Option B


  99.

Whether the judgment debtor can plead satisfaction of money decree by payment in cash outside the court?

  1. No

  2. Yes, if money is paid in cash before a third person

  3. Yes, if the payment or adjustment is incorporated into a document

  4. Only if the document recording the payment was signed by the decree holder before the notary public or oath commissioner


Answer: Option C


  100.

A decree can be transferred for execution to another court:

  1. If the judgment debtor actually and voluntarily resides or carries on business or personally works for gain, within the local limits of jurisdiction of such court

  2. If the judgment debtor has property sufficient to satisfy the decree within the limits of that court

  3. If the decree directs the sale or delivery of immovable property situated outside the local limits of jurisdiction of the court which passed it

  4. All of the above


Answer: Option D

Copy of the judgement shall be made available to the parties, under Order XX, Rule 1(2) of Code of Civil Procedure:

  1. Immediately after the pronouncement of the judgement

  2. After 7 days from the pronouncement of the judgement

  3. After 14 days from the pronouncement of the judgement

  4. After 21 days from the pronouncement of the judgement


Answer: Option A


  2. If a party commits breach of an order of temporary injunction . . . . . . . .

  1. It would be punished for contempt of court

  2. It would be fined

  3. It's property may be attached

  4. None of the above


Answer: Option C


  3. Which of the following is not of civil nature

  1. Right to take out procession

  2. Right to Worship in a temple

  3. Right to Caste and Religion

  4. All of the above


Answer: Option D


  4. Civil Procedure Code provides for

  1. Temporary injunction

  2. Permanent injunction

  3. Mandatory injunction

  4. None of the above

Answer: Option A


  5. If a party who has obtained an order to amend the pleadings under Code of Civil Procedure, if not amended, after expiration of how many days shall not be permitted to amend the same without the leave of the court?

  1. 15 days

  2. 90 days

  3. 14 days

  4. 30 days


Answer: Option C


  6. Mesne profits' has been defined in which of the following Sections of the Civil Procedure Code?

  1. Section 2(4)

  2. Section 2(8)

  3. Section 2(12)

  4. Section 2(14)


Answer: Option C


  7. In execution of a decree, other than a decree for maintenance, passed against A, what shall be the

attachable portion, if his salary is Rs. 7000 per month?

A. Rs. 3000

B. Rs. 2000

C. Rs. 3500

D. Rs. 1000


Answer: Option B


  8. Decree means:

  1. An order adjudicating claims

  2. Informal expression of an adjudication

  3. Formal expression of an adjudication but shall not include any adjudication from which an appeal lies as an appeal from an order

  4. None of the above


Answer: Option C


  9. In case of failure of the defendant to file the written statement within 30 days from the date of service of summons, the court can allow the defendant to file the same at a later date as prescribed under

  1. Order V, Rule 1 of Code of Civil Procedure

  2. Order VIII, Rule 1 of Code of Civil Procedure

  3. Order VIII, Rule 10 of Code of Civil Procedure

  4. All the above


Answer: Option C


  10.

An order of dismissal in default of a suit, for non-appearance of plaintiff or his advocate, is:

  1. Appealable

  2. Revisable

  3. Reviewable

  4. Not subject to any of the above


Answer: Option D


The Code of Civil Procedure (Amendment) Acts, 1999 and 2002 were enacted on the recommendations of

  1. Santhanam Committee

  2. Malimath Committee

  3. Thakkar Committee

  4. None of the above


Answer: Option B


  12.

Code of Civil Procedure: When temporary injunction is not granted?

  1. To restrain any election

  2. To restrain any auction made by the Government

  3. To stay any disciplinary proceeding against employee of the Government

  4. All of these cases


Answer: Option D


  13.

List of witnesses must be filed, by the parties

  1. Along with the plaint or written statement

  2. Before framing of issues

  3. After the framing of issues

  4. No need to file the list of witnesses


Answer: Option C


  14.

In which of the following orders appointment of receiver is mentioned?

  1. Order IX

  2. Order XL

  3. Order X

  4. Order XIII


Answer: Option B


  15.

Suit relating to immovable property can be filed under Section 16 of Civil

Procedure Code in such a court within whose local jurisdiction:

  1. The defendant resides

  2. The defendant carries on business

  3. The property is situated

  4. The plaintiff resides or carries on business


Answer: Option C


  16.

Section 47 of Code of Civil Procedure applies

  1. To the objections raised to the execution by the parties to the suit

  2. To the objections raised to the execution by the third parties

  3. Both A and B

  4. Either A or B


Answer: Option A


  17.

Match List-I (Name of Principle) with List-Il (Related

Case) and select the correct answer:

List I

List II

a. Res judicata

1. S. P. Gupta v. Union of India


b. Legitimate expectation

2. Motilal Padampat Sugar Mills v. State of Uttar Pradesh

c. Promissory estoppel

3. Daryao v. State of Uttar Pradesh

d. Locus standi

4. Monnet Ispat and Energy Ltd. v. Union of India

A. a-2, b-4, c-3, d-1

B. a-3, b-4, c-2, d-1

C. a-1, b-3, c-4, d-2

D. a-4, b-3, c-2, d-1


Answer: Option B


  18.

Which one of the following Orders and Rules under the Code of Civil Procedure provide that in every case of the examination-in-chief of a witness shall be on affidavit?

  1. Order 18 Rule 4(1)

  2. Order 18 Rule 3

  3. Order 18 Rule 2

  4. Order 18 Rule 1


Answer: Option A


  19.

If after service of summons, the defendant appears, but does not file the written statement within the prescribed time and right to file written statement is closed,

  1. Court has to proceed against the defendant ex parte

  2. Court may pronounce judgment against the defendant without requiring evidence from the plaintiff

  3. Court has to necessarily require the plaintiff to prove its case by leading evidence, with the defendant having no opportunity to cross-examine the witnesses of the plaintiff

  4. Court has to necessarily require the plaintiff to prove its case by leading evidence and provide an opportunity to the defendant, to cross-examine the plaintiff and its witnesses, on his defence


Answer: Option B


  20.

Which of the following is true of section 24 of the Code of Civil Procedure?

  1. It deals with general power of transfer

  2. It deals with general power of withdrawal

  3. It enables the District court to transfer any suit, appeal or other proceedings pending before it, for trial or disposal to any court subordinate to it and competent to try or dispose off the same

  4. All of these


Answer: Option D

"Where a plaintiff omits to sue in respect of, or intentionally relinquishes any portion of his claim, he shall not afterward sue in respect of the portion so omitted or relinquished". The genesis of this principle lies in:

  1. Section 115 of the Indian Evidence Act, 1872

  2. Section 11 of the Code of Civil Procedure, 1908

  3. Order II Rule 2 of the Code of Civil Procedure, 1908

  4. Order I Rule 2 of the Code of Civil Procedure, 1908


Answer: Option C


  22.

A sues B for specific performance of an agreement for the sale to him of B's land, and obtains a decree. In execution of the decree, A is put in possession of a portion only of the land, as it is found that the rest of the land did not belong to B, but to B's son.

  1. A subsequent suit by A against B for recovery of a portion of the price to the extent of the son's share is not barred

under rule 2, the cause of action being the same

  1. A subsequent suit by A against B for recovery of a portion of the price to the extent of the son's share is not barred under rule 2, the cause of action being entirely distinct

  2. Either A or B

  3. None of these


Answer: Option B


  23.

Sale of immovable property in execution of decree cannot be ordered by

  1. Civil Judge Junior Division

  2. Civil Judge Senior Division

  3. Court of Small Causes

  4. Joint Civil Judge Senior Division


Answer: Option C


  24.

Provision relating to execution of decrees are contained in

  1. Order XXI

  2. Order XXV

  3. Order XXXIII

  4. Order XXXVI


Answer: Option A


  25.

Non Joinder of necessary party in a suit will lead to:

  1. Dismissal of suit

  2. Stay of suit

  3. Continuation of suit

  4. Imposition of cost


Answer: Option A

26.

Where the decree is for the payment of sum of money exceeding five thousand rupees the period of civil prison?

  1. Shall not exceed three months

  2. Shall not exceed six months

  3. Shall not exceed nine months

  4. Shall not exceed one year


Answer: Option A


  27.

When there are more than one defendants, the service of summons shall be made on:

A. Anyone defendant identified as the representative of all the defendants

B. 89(2)

C. 89(1)

D. 80(2)


Answer: Option C


  30.

Which one of the following sections of the Code of Civil Procedure Code, 1908 embraces the principle of restitutions?

  1. Section 134

  2. Section 144

  3. Section 148A

  4. Section 151


Answer: Option B

  1. Majority of the defendants

Section 19

Section 21

  1. Each one of the defendants the court may strike out any

  2. None of the above


Answer: Option D


  28.

Delay in filing the suit:

  1. Cannot be condoned

  2. Can be condoned under Section 3 of the Limitation Act, 1963

  3. Can be condoned under Order VII, Rule 6 of the Code of Civil Procedure, 1908

  4. Can be condoned under Section 5 of the Limitation Act, 1963


Answer: Option C


  29.

Under which section of Code of Civil Procedure, option for settlement of dispute is provided outside the court?

A. 80(1)

31.

Under the Code of Civil Procedure "pleadings" means

  1. Plaint only

  2. Written statement only

  3. Affidavit

  4. Plaint and Written Statement


Answer: Option D


  32.

Provisions of Section 80 of the Code of Civil Procedure are

  1. Mandatory

  2. Directory

  3. Discretionary

  4. None of these


Answer: Option A


  33.

Abatement means

  1. Suspension or termination of proceedings in an action for want of proper parties

  2. The process of bringing on record legal representatives of the deceased party

  3. Both A and B

  4. None of the above


Answer: Option A


  34.

Objection as to local or pecuniary jurisdiction shall be raised at the first available opportunity according to Civil Procedure Code, 1908 under

  1. Section 20

  2. Section 21

  3. Section 22

  4. Section 24


Answer: Option B


  35.

Under Civil Procedure Code, which of the following statements are true regarding a decree?

  1. Conclusively determines the rights of parties with regard to all or any of the matters in controversy in the suit

  2. Decree can be partly preliminary and partly final

  3. This would not include any adjudication from which an appeal lies as an appeal from an order

  4. All of them


Answer: Option D


  36.

Section 10 of Civil Procedure Code can come into operation

  1. Before filing of written statement in the subsequent suit

  2. Before settlement of issues in subsequent suit

  3. After settlement of issues in subsequent suit

  4. All of these


Answer: Option C


  37.

Where local limits of jurisdiction of courts are uncertain, the place of institution of the suit shall be according to:

  1. Section 17 of the Code of Civil Procedure

  2. Section 18 of the Code of Civil Procedure

  3. Section 19 of the Code of Civil Procedure

  4. Section 20 of the Code of Civil Procedure


Answer: Option B


  38.

Minor to sue by next friend is dealt under which of the following in the Code of Civil Procedure?

  1. Order 32, Rule 1

  2. Order 10, Rule 9

  3. Order 19, Rule 6

  4. Order 17, Rule 10


Answer: Option A


  39.

Where the plaint has been rejected the plaintiff on the same cause of action

  1. May file new suit

  2. Can't file new suit

  3. May present with the leave of High Court

  4. None of these


Answer: Option A


  40.

Where the decree is for the partition of an undivided estate assessed to the payment of revenue to the government, the partition of revenue to the government, the partition of the estate, in accordance with the law for the time being in force, shall be made by

  1. The Patwari

  2. The Nazir

  3. The Collector

  4. The Commissioner appointed by the court


Answer: Option C


Which section is related to the pecuniary jurisdiction of the court?

  1. Section 6

  2. Section 10

  3. Section 15

  4. None of the above


Answer: Option A


  42.

Under section 152 Code of Civil Procedure mistakes can be corrected in

  1. Judgments

  2. Decrees

  3. Orders

  4. All of the above


Answer: Option D

43.

Inherent powers under Section 151 of Code of Civil Procedure are

  1. Discretion in nature

  2. In addition to the power conferred under the other provision of the Code

  3. Both A and B

  4. None of the above


Answer: Option C


  44.

Application for permission to sue as a pauper is to be presented by

  1. Person himself

  2. An authorised agent

  3. Either A or B

  4. Only A and not B


Answer: Option C


  45.

For the purposes of Order XII, Rule 6 of Code of Civil Procedure admissions of fact

  1. Must be in pleading

  2. May be otherwise

  3. May be either in pleadings or otherwise

  4. Only in pleading and not otherwise


Answer: Option C


  46.

In cases of urgent or immediate relief, where leave to investigate the suit without service of notice under section 80 of Code of Civil Procedure has been granted

  1. No interim or otherwise, ex parte relief can be granted

  2. Interim or otherwise ex parte relief can be granted generally

  3. Interim or otherwise ex parte relief may be granted under certain circumstances

  4. Either A or C


Answer: Option A


  47.

Whether court can, without exception, try all suits of civil nature?

  1. No

  2. Yes

  3. May be

  4. None of the above


Answer: Option A Solution:

In the context of the Code of Civil Procedure, the ability of a court to try all suits of a civil nature is governed by its jurisdiction. Jurisdiction refers to the legal authority and power of a court to hear and decide cases of a particular type or within a specific geographical area.


The correct answer is Option A: No. Courts do not have the authority to try all suits of civil nature without exception.

Their jurisdiction is limited and defined by law, and there are certain types of cases or matters that may fall outside their jurisdiction. Courts can only try suits and cases that fall within their prescribed jurisdiction as per the relevant laws and regulations.


Therefore, the court's ability to try suits of civil nature is not without exception, and it is subject to the constraints of jurisdiction. This is why the correct answer is "No" (Option A).

  48.

Inherent powers of the Civil Court are exercised

  1. To make such orders as may be necessary for the ends of justice

  2. To make such orders as may be necessary to prevent abuse of the process of the court

  3. Both A and B

  4. None of the above


Answer: Option C


  49.

Any objection of interrogatories may be taken on the ground that it is:

  1. Irrelevant

  2. Scandalous

  3. Not exhibited bona fide

  4. All or any of those


Answer: Option D


  50.

An appeal shall lie

  1. From all orders passed by the Court

  2. Only from such orders as provided In the Code of Civil Procedure

  3. From none of the orders passed by the District Courts

  4. From none of the decrees passed by the District Courts


Answer: Option B


Under section 96 of Code of Civil Procedure, no appeal can be filed

  1. Against a compromise decree

  2. Against a decree in any suit cognizable by the courts of Small Causes, except on a question of law

  3. Both A and B

  4. Only A is correct and B is incorrect


Answer: Option C

52.

Persons who are exempted from arrest under civil process, have been mentioned in

  1. Section 135 of Code of Civil Procedure

  2. Section 135A of Code of Civil Procedure

  3. Section 136 of Code of Civil Procedure

  4. Both A and B


Answer: Option D


  53.

Court can direct the parties to opt for anyone mode of alternative dispute resolution under

  1. Order X, Rule 1A of Code of Civil Procedure

  2. Order X, Rule 1B of Code of Civil Procedure

  3. Order XI, Rule 1 of Code of Civil Procedure

  4. Order XI, Rule 2 of Code of Civil Procedure


Answer: Option A


  54.

Any order or decree obtained by practising fraud is

  1. Subject to review

  2. Valid

  3. Voidable

  4. Nullity


Answer: Option D


  55.

A sues B for a declaration of title to land and obtains a decree. A then sues C for possession. C contends that B is

owner and that he is in possession as B's tenant.

  1. The defence is not barred

  2. The defence is barred

  3. Either A or B

  4. None of these


Answer: Option B


  56.

Which of the following instances can be held to be final orders?

  1. An order of a High Court dismissing an appeal for the appellant's failure to furnish order

  2. An order that an appeal had abated

  3. An order in a revision reversing the dismissal of a suit and restoring it to the file of the lower court when such an order had the effect of reinstating a primary decree

  4. An order refusing an application under section 45 of the Specific Relief Act 1 of 1877

  5. An order passed by a High Court in insolvency proceedings

A. 2, 3

B. 1, 4

C. 1, 5, 6

D. All of these


Answer: Option D


  57.

Under section 47 of Code of Civil Procedure, all questions arising between the parties to the suit, relating to execution, discharge or satisfaction of the decree have to be decided

  1. By the executing court

  2. By a separate suit

  3. Either A or B

  4. Both A and B


Answer: Option A


  58.

Under section 89 of Code of Civil Procedure, the court can refer the dispute for settlement outside the court

  1. If the dispute is of short term

  2. If there exist elements of settlement which may be acceptable to the parties

  3. If the dispute is a petty dispute

  4. All the above


Answer: Option B


  59.

Order XXI Rule 37 provides that where an application is for execution of decree for the payment of money by the arrest and detention in the civil prison of a judgment-debtor who is liable to be arrested in pursuance of the application

  1. The court shall, instead of issuing a warrant for his arrest, issue a notice calling upon him to appear before the court on a day to be specified in the notice and show cause why he should not be committed to the civil person

  2. The court shall issue a warrant for the arrest of the judgment-debtor

  3. The court shall advise the decree holder to settle the matter through Lok Adalat

  4. The court shall refer the parties to Arbitration under Arbitration and Conciliation Act, 1996


Answer: Option A


  60.

Upon grant of an ex parte injunction, the plaintiff has to comply with the proviso to Order XXXIX, Rule 3 of the

Code of Civil Procedure, by filing an affidavit:

  1. Within seven days from the date on which injunction is granted

  2. Within three days from the date on which such injunction is granted

  3. On the day on which injunction is granted or on the day immediately following that day

  4. Within fifteen days from the date on which injunction is granted


Answer: Option C


  61.

Mark the correct statement:

  1. In set-off, court-fee is payable by the defendant

  2. Order 8, Rule 6, Code of Civil Procedure deals with legal set-off

  3. Legal set-off can be claimed as of right, the equitable set-off is dependent on the court's discretion

  4. All of the above


Answer: Option D


  62.

Wife obtains a decree for restitution of conjugal rights against the husband. The husband fails to comply with the decree. The Court, in: execution:

  1. Shall direct the Police to ensure that the husband does not obstruct the wife from cohabiting with the husband

  2. Shall order arrest of the husband and detention in civil prison till he complies with the decree or for a maximum period of three months, whichever is earlier

  3. Shall order arrest and attachment of the property of the husband and detention in civil prison and continuance

of attachment till the husband complies with the decree

  1. May direct the husband to make periodical payments, as may be fixed, to be made to the wife and recover the said monies as under a decree for recovery of money


Answer: Option B


  63.

A decree for execution cannot be sent to a:

  1. Foreign court

  2. Court outside India established by the authority of Central Government

  3. Both A and B

  4. Neither A nor B


Answer: Option A


  64.

Which of the following deals with power to amend decree or order where appeal is summarily dismissed in the Code of Civil Procedure?

  1. Section 145A

  2. Section 103A

  3. Section 148A

  4. Section 153A


Answer: Option D


  65.

Dhulabhai etc. v. State of Madhya Pradesh and another, AIR 1969 SC 78, lays down certain principles regarding the exclusion of jurisdiction of civil courts. Which of the following is not a principle laid down:

  1. Where a statute gives a finality to the orders of the special tribunals, the civil courts jurisdiction must be held to be excluded if there is adequate remedy to

do what the civil court would normally do in a suit

  1. Where there is an express bar of jurisdiction of the court, an examination of the scheme of the particular Act to find out the adequacy or sufficiency of the remedies provided may be relevant but is not decisive to sustain the jurisdiction of the civil court

  2. Questions as to the correctness of the assessment apart from its constitutionality are the decisions of the authorities and a civil suit lies even if the orders of the authorities are declared to be final

  3. None of the above


Answer: Option C


  66.

The general principle of waiver that provides the failure to raise objection in the court of the first instance and at the earliest opportunity shall prevent the defendant from raising such objection at a subsequent state and the judgment would not be vitiated on the ground of absence of territorial or pecuniary jurisdiction is reflected in which provision of Civil Procedure Code.

  1. Section 15

  2. Section 16

  3. Section 51

  4. Section 21


Answer: Option D


  67.

Which of the following deals with return of plaint in the Code of Civil Procedure?

  1. Order 5, Rule 30

  2. Order 7, Rule 10

  3. Order 3, Rule 6

  4. Order 10, Rule 22


Answer: Option B


  68.

Decide who among the following persons can be said to be parties to the suit within the meaning of Section 47:

  1. Rival decree-holders

  2. Auction purchaser

  3. Garnishee

  4. Surety

  1. 1 and 2

  2. 2 and 3

  3. 1, 2 and 3

  4. 1, 2 and 4


Answer: Option D


  69.

Which Rule of Order XXXIX of the Code provides that an injunction directed to the Corporation is binding not only on the Corporation but also on all members and officers of the Corporation whose personal action it seeks to restrain-

  1. Rule 3

  2. Rule 3A

  3. Rule 4

  4. Rule 5


Answer: Option D


  70.

Under which section of Code of Civil Procedure a notice is required to be given at least two months before filing a suit against a Central or State Government?

  1. Section 50 Code of Civil Procedure

  2. Section 51 Code of Civil Procedure

  3. Section 80 Code of Civil Procedure

  4. Section 81 Code of Civil Procedure


Answer: Option C


Where the court orders for issuance and service of summons on the defendant(s), under Order VII, Rule 9 of Code of Civil Procedure, the plaintiff is required to present the copy(ies) of the plaint alongwith the requisite fee, within

  1. 7 days of the order

  2. 10 days of the order

  3. 14 days of the order

  4. 15 days of the order


Answer: Option A


  72.

An Appeal under Order XLIII of Code of Civil Procedure shall lie from which of the following orders:

  1. Rule 11 of Order VII, rejecting the plaint

  2. Rule 9 of Order XXII, refusing to set aside the abatement or dismissal of suit

  3. Rule 1 of Order VIII, not permitting the defendant to present the written statement

  4. Rule 5 of Order XIV, refusing to strike out the issue at the instance of either of the parties


Answer: Option B


  73.

Notice under Section 80 Code of Civil Procedure has to be served on:

  1. The Secretary to the Government

  2. The Deputy Commissioner

  3. The President of India

  4. All the above


Answer: Option A


  74.

Which provision of Code of Civil Procedure deals with enforcement of a decree against legal representative?

  1. Section 50

  2. Section 51

  3. Section 55

  4. None of the above


Answer: Option D


  75.

A person who does not have sufficient means to pay court fees on a suit for recovery of money for which cause of action has accrued to him.

  1. Cannot file the suit

  2. Can file the suit by furnishing Bank Guarantee

  3. Can file the suit by furnishing affidavit to pay court fees out of the decretal amount

  4. Can file the suit by establishing before the Court that he is not possessed of sufficient means to pay the court fees


Answer: Option D


  76.

Garnishee proceedings under the Code of Civil Procedure can be instituted to enable:

  1. Attachment of debt, shares and other property not in possession of the judgment debtor

  2. Attachment of property of which the owner is not known

  3. Only for attachment of property which cannot be estimated in terms of money

  4. Only for attachment of a share in joint family property


Answer: Option A


  77.

Under which provision of Civil Procedure Code an order of temporary injunction may be discharged, varied or set-aside?

  1. Rule 7 of Order 39

  2. Rule 2A of Order 39

  3. Rule 9 of Order 39

  4. Rule 4 of Order 39


Answer: Option D


  78.

If a defendant fails to put in appearance or fails to apply for leave within the statutory period, the suit is liable to be

  1. Stayed

  2. Dismissed

  3. Decreed

  4. Either A or B


Answer: Option C


  79.

The court can award compensation against plaintiff under section 95 of Code of Civil Procedure, not exceeding

  1. Rs. 10,000 or the limits of its pecuniary jurisdiction whichever is less

  2. Rs. 10,000 or the limits of its pecuniary jurisdiction whichever is more

  3. Rs. 50,000 and this amount not to exceed the limits of its pecuniary jurisdiction

  4. Rs. 50,000 and this amount to exceed the limits of its pecuniary jurisdiction whichever is more


Answer: Option C


  80.

The provisions regarding inherent powers of the courts are mentioned in the Code of Procedure in:

  1. Sections 135A to 141

  2. Sections 148 to 153B

  3. Sections 31 to 35B

  4. None of the above


Answer: Option B


Court has the power to summon a person, who is not called by any party, as a witness

  1. Under Order XVI, Rule 18 of Code of Civil Procedure

  2. Under Order XVI, Rule 14 of Code of Civil Procedure

  3. Under Order XVI, Rule 12 of Code of Civil Procedure

  4. Under Order XVI, Rule 10 of Code of Civil Procedure


Answer: Option B


  82.

A residing Dehradun beats B in Lucknow. B may sue A under Code of Civil Procedure

  1. Either in Lucknow or in Dehradun

  2. Only in Lucknow

  3. Only in Dehradun

  4. Anywhere else


Answer: Option A


  83.

Under which provision of the Code of Civil Procedure, is a suit to set aside a decree on the ground of lack of territorial jurisdiction barred?

  1. Section 21

  2. Section 21A

  3. Section 22

  4. Section 37


Answer: Option B


  84.

Under Order VIII, rule 6 Civil Procedure Code, 1908, set off may be permitted if

  1. Set off claimed by the defendant is ascertained sum of money

  2. The suit is for only for recovery of property

  3. Defendant presents a written statement of accounts at any stage of the hearing of the suit

  4. None of the above


Answer: Option A


  85.

When an ex parte decree is passed, the defendant would normally ask for setting aside of ex parte decree:

  1. By the application under Order IX Rule 13 of the Code of Civil Procedure

  2. By filing a revision petition under Section 115 of the Code of Civil Procedure

  3. By filing a petition under Article 227 of the Constitution of India

  4. By filing an application under Order IX, Rule 7 of the Code of Civil Procedure


Answer: Option A


  86.

Which of the following pairs is/are correctly matched?

  1. Right to file caveat Section 148-A, Code of Civil Procedure

  2. Pauper suit Section 33, Code of Civil Procedure

  3. Privileged document Section 29, Code of Civil Procedure

  4. Powers of appellate court Section 102, Code of Civil Procedure

  1. 1 only

  2. 4 only

  3. 1 and 2

  4. 2, 3 and 4


Answer: Option A


  87.

Under Order IX, Rule 6 of Code of Civil Procedure

  1. Defence of the defendant can be struck of

  2. Defendant can be proceeded against ex-parte

  3. Judgment can be pronounced against the defendants

  4. All the above


Answer: Option B


  88.

Grounds for review have been provided under

  1. Order XLVII, Rule 1 of Code of Civil Procedure

  2. Order XLII, Rule 1 of Code of Civil Procedure

  3. Order XLIII, Rule 1 of Code of Civil Procedure

  4. Order XLIV, Rule 1 of Code of Civil Procedure


Answer: Option A


  89.

A caveat under the Code of Civil Procedure, 1908 may be lodged when any

  1. Suit is instituted

  2. Proceeding is initiated or instituted

  3. Suit is about to be instituted

  4. Suit or proceeding is instituted or about to be instituted


Answer: Option D


  90.

Objection to the place of suing can be allowed to be taken . . . . . . . .

  1. Any time

  2. Directly in appeal

  3. Only at the first opportunity in the trial court

  4. None of the above


Answer: Option C


Which of the following deals with agreement to be filed and registered as suit in the Code of Civil Procedure?

  1. Order 12, Rule 1

  2. Order 36, Rule 3

  3. Order 33, Rule 18

  4. Order 17, Rule 10


Answer: Option B


  92.

Which of the following deals with questions to be determined by the Court executing decree in the Code of Civil Procedure?

  1. Section 47

  2. Section 50

  3. Section 45

  4. Section 49


Answer: Option A


  93.

Which of the following order of Code of Civil Procedure is related to "Set- off" and "counter-claims"

  1. Order VI

  2. Order VIII

  3. Order VII

  4. Order IX


Answer: Option B


  94.

Dismissal of the suit under Rule 3 of Order 9 of the Code of Civil Procedure

  1. Bar a fresh suit in respect of the same cause of action

  2. Does not bar a fresh suit in respect of the same cause of action

  3. May bring a fresh suit with the leave of the High Court

  4. May bring a fresh suit with the leave of District Judge


Answer: Option B


  95.

Which of the following Sections of the Civil Procedure Code is related to pecuniary jurisdiction of Civil Court?

  1. Section 4

  2. Section 5

  3. Section 6

  4. None of the above


Answer: Option C


  96.

Can a person who has not suffered special damage because of public nuisance or wrongful act affecting the public file a suit?

  1. Absolutely not

  2. Yes, provided the plaint is filed by two or more persons and leave of the court is obtained

  3. Yes, because everyone is a member of the public and can espouse grievance and seek appropriate relief under Section 38 of the Specific Relief Act

  4. Yes, only if the plaintiff seeks approval and is granted sanction by the Advocate General of the State


Answer: Option B


  97.

Which one comes in the preview of "formal defect" for withdrawal of suit under Order 23, Rule 1(3) of Code of Civil Procedure?

  1. Want of notice under Section 80 Code of Civil Procedure

  2. Confusion regarding identification of suit property

  3. Improper valuation of suit

  4. All of these


Answer: Option D


  98.

A receiver cannot be appointed

  1. When no harm is going to be caused to any party by such appointment

  2. When the property is in possession of a party to the suit

  3. Both A and B

  4. Neither A nor B


Answer: Option C


  99.

Under amendment of

preliminary decree to incorporate interest portion in judgment of trial court not justified

  1. Order 6 Rule 17 Code of Civil Procedure

  2. Order 7 Rule 12 Code of Civil Procedure

  3. Order 8 Rule 13 Code of Civil Procedure

  4. Order 20 Rule 1 Code of Civil Procedure


Answer: Option A


  100.

If the appellant withdraws the appeal preferred against a decree passed ex parte, the application under order 9, Rule 13 of Civil Procedure Code shall be-

  1. Returned

  2. Maintainable

  3. Referred for opinion of the Appellate Court

  4. Rejected


Answer: Option B

The substantive questions of law for the application of second appeal are

  1. Conflict of judicial opinions

  2. Non-consideration of admissible evidence

  3. Two views are possible

  4. Lower court considering irrelevant evidence

Which among the above statements is/are true?

  1. Only 1

  2. 1 and 2

  3. 1, 2 and 3

  4. 1, 2 and 4


Answer: Option D


  2. In connection with a suit by an indigent person, the suit is deemed to be instituted on the date

  1. When the application for leave to sue as a pauper is made

  2. When such application is admitted

  3. When such application is rejected

  4. None of the above


Answer: Option A


  3. Law does not require issuance of notice of the application for execution of a decree, to the judgment debtor, where the execution is applied

  1. Within four years of the decree

  2. Within two years of the decree

  3. Within three years of the decree

  4. Within five years of the decree


Answer: Option B


  4. A decree is preliminary;

  1. When it is issued in the preliminary stages of the suit

  2. When further proceedings have to be taken or the suit to be completely disposed of

  3. When it deals with some preliminary issues

  4. None of the above


Answer: Option B


  5. In cases of urgent or immediate relief, where leave to investigate the suit without service of notice under Section 86 of Code of Civil Procedure has been granted

  1. No interim or otherwise, ex parte relief can be granted

  2. Interim or otherwise, ex parte relief can be granted generally

  3. Interim or otherwise, ex parte relief may be granted under certain circumstances

  4. Either A or C


Answer: Option A


  6. In Rajasthan SRTC v. Krishan Kant, AIR 1995 SC 1715, the Supreme Court laid down the:

  1. Principles of res judicata

  2. Principles applicable to industrial disputes

  3. Jurisdiction of court of small causes

  4. Jurisdiction of foreign courts


Answer: Option B


  7. Under Section 115 of Code of Civil Procedure, the High Court has the power of:

  1. Revision

  2. Review

  3. Reference

  4. Vary or reverse any order whatsoever


Answer: Option A


  8. Compensatory costs can be imposed:

  1. If the claim (or defence) is false or vexatious and subsequently disallowed or withdrawn

  2. If objection to the false or vexatious claim or defence has been taken by the party at the earliest opportunity

  3. Both A and B are correct

  4. Both A and B are incorrect


Answer: Option C


  9. Civil Suit for administration of assets belonging to living debtor

  1. Is maintainable

  2. Is not maintainable

  3. Is maintainable at the option of co- sharers

  4. Is maintainable at the option of court


Answer: Option B


  10.

Detailed rules regarding decree are dealt in:

  1. Order 20, Rule 1 to 5 and Rules 6 to 19

  2. Order 18, Rules 1 to 3 and Rules 4 to 13

  3. Order 15, Rule 2 and Rule 3

  4. Order 20A

Answer: Option A


Which of the following rules of the Code of Civil Procedure, 1908, deals with 'forms of pleading'?

  1. Order VI, Rule 3

  2. Order VI, Rule 5

  3. Order VI, Rule 7

  4. Order IV, Rule 3


Answer: Option A


  12.

Order XVIII, Rule 2(3A) of Code of Civil Procedure authorises a party to file

  1. Written arguments before the conclusion of the oral arguments

  2. Written arguments after the conclusion of the oral arguments

  3. Written arguments either before or after the conclusion of the oral argument

  4. Written arguments only without any oral arguments


Answer: Option A


  13.

Summons of a suit cannot be served by:

  1. Service in person on the defendant

  2. Sending the summons to the residence of the defendant

  3. Through publication in the newspaper

  4. Sending the summons to a friend of the defendant


Answer: Option D


  14.

Supreme Court in case of Union of India v. Somasundaram Mills (P) Ltd. held that under section 73 of Code of

Civil Procedure, the debts due to the State

  1. Stand on equal footing with all other debts

  2. Are to be paid only after payment of all other debts

  3. Are entitled to priority over all other debts

  4. Either A or B


Answer: Option C


  15.

Where an application for leave to deliver interrogatories has been moved alongwith the interrogatories proposed to be delivered that application shall be decided as provided under Order XI, Rule 2 of Code of Civil Procedure within

  1. 15 days from the date of submission of application

  2. 10 days from the date of submission of application

  3. 7 days from the date of submission of application

  4. No time prescribed for the purpose


Answer: Option C


  16.

Civil Procedure Code at the first hearing of the suit, the Court must

  1. Frame and record issues

  2. Record the evidence of plaintiff

  3. Ascertain whether the allegations in the pleadings are admitted or denied

  4. All of the above


Answer: Option C


  17.

Which of the following deals with the endorsements on copies of admitted

entries in books, account and records in the Code of Civil Procedure?

  1. Order 13, Rule 5

  2. Order 4, Rule 13

  3. Order 6, Rule 10

  4. Order 15, Rule 22


Answer: Option A


  18.

A receiver:

  1. Can be sued generally for acts done in his official capacity by a third party

  2. Cannot be sued at all for acts done in his official capacity by a third party

  3. Can sue and can be sued for acts done in his official capacity by the third party only with the leave of the court appointing him

  4. None of the above


Answer: Option C


  19.

Civil Procedure Code: A receiver is an

  1. Officer of the Court

  2. Agent of the plaintiff

  3. Agent of the defendant

  4. Either agent of the plaintiff or defendant its depends on circumstances


Answer: Option A


  20.

Which of the followingmay sue under

s. 92 of the Code of Civil Procedure?

  1. Advocate-General, and outside the presidency-towns by the collector or by such an officer as the state government may appoint in that behalf (s. 93)

  2. Two or more persons having an interest in the trust and having obtained the leave of the court

  3. Either A or B

  4. None of these


Answer: Option C


Interlocutory orders under section 115 of the Code of Civil Procedure fall under of the following heads?

  1. Those from which an appeal lies under sectin 104(1)

  2. Those from which no appeal lies

  3. Both A and B

  4. None of these


Answer: Option C


  22.

Question which shall be determined by the Court executing decree:

  1. Decree obtained by fraud

  2. Whether any person is or is not the representative of a party

  3. Decree obtained by collusion

  4. None of the above


Answer: Option B


  23.

In execution of a decree a movable property in auction sold by the executing Court. The auction purchaser deposits the entire auction price then and there even before expiry of 30 days and takes the delivery of the auctioned property. An objection complaining that the auction was conducted with material irregularity is filed within 30 days from the date of auction. State which one of the following is legally correct?

  1. Objection is maintainable as it has been filed within 30 days of the auction

  2. Auction sale is vitiated as the auctioned property has been delivered

without waiting for its confirmation within 30 days of auction

  1. No confirmation of sale is required in the present case

  2. None of the above is correct


Answer: Option B


  24.

Under the Code of Civil Procedure "Decree" does not include . . . . . . . .

  1. The rejection of a plaint

  2. An order of restitution under Section 144 Code of Civil Procedure

  3. An order of restitution of conjugal rights

  4. The return of a plaint


Answer: Option D


  25.

Under Section 114 of the Code of Civil Procedure, 1908, any person considering himself aggrieved by a decree or order may apply for . . . . . . .

.

  1. Review

  2. Revision

  3. Reference

  4. None of the above


Answer: Option A


  26.

Order XI, Rule 21 of Code of Civil Procedure provides for penalty on account

  1. Failure to comply with an order to answer interrogatories

  2. Failure to comply with an order for discovery and inspection of documents

  3. Both A and B

  4. Neither A nor B

Answer: Option C


  27.

Whether a defendant can file an application for disposal of the suit under Order XII Rule 6 Code of Civil Procedure, 1908?

  1. Yes, defendant can file an application

  2. No, defendant cannot file an application

  3. Defendant can file an application not before but after evidence of the plaintiff has been recorded

  4. Only if the plaintiff has also filed an application under Order XII Rule 6 of the Code of Civil Procedure, 1908


Answer: Option A


  28.

Order IX, Rule 3 of Code of Civil Procedure applies

  1. When on the date fixed for hearing in a suit neither party appears

  2. When on the date fixed for hearing in a suit only defendant appears and the plaintiff does not appear

  3. When the plaintiff fails to pay the court fee or postal charges for service of summons of the suit on the defendant(s)

  4. All the above


Answer: Option A


  29.

When English is not the language of the court, evidence may be taken in English if:

  1. The court considers it necessary

  2. All the parties do not object

  3. Both A and B

  4. None of the above

Answer: Option B


  30.

Which provision of the Code of Civil Procedure provides that one person may sue or defend on behalf of all in same interest?

  1. Order 1, Rule 1

  2. Order 1, Rule 2

  3. Order 1, Rule 8

  4. Order 1, Rule 9


Answer: Option C


Which among the following statements regarding filing Rejoinder/Replication in a suit, as per the Code of Civil Procedure 1908, are correct?

  1. Rejoinder/ Replication is filed as a matter of Right

  2. Provision of filing Rejoinder/ Replication is contained under Order VIII of the Code of Civil Procedure

  3. Rejoinder/Replication may be filed only after due permission of the Court.

  4. Rejoinder/Replication is a part of pleading.

Select the correct answer:

  1. 1, 3 and 4

  2. 1, 2 and 3

  3. 2 and 4 only

  4. 2, 3 and 4


Answer: Option D


  32.

When a commission has been issued under section 75, Code of Civil Procedure, 1908, the commission, if not a Judge of Civil Court?

  1. Can call any witness relating to the matter

  2. Can determine the legality of questions asked during the conduct of proceedings by the commission

  3. Can extend time and grant exemption from personal appearance

  4. Cannot impose penalties of the fine and initiate contempt of court proceedings


Answer: Option D


  33.

Security for payment of cost can be required to be furnished under Order XXV, from

  1. The plaintiff

  2. The defendant

  3. The co-defendant

  4. All the above


Answer: Option A


  34.

Provisions relating to issuance of commission are contained in

  1. Order XXVI of Code of Civil Procedure

  2. Order XXXII of Code of Civil Procedure

  3. Order XXVII of Code of Civil Procedure

  4. Order XXVIII of Code of Civil Procedure


Answer: Option A


  35.

Which of the following statement is correct?

  1. Rejection of plaint under Order 7, Rule 11 bars the fresh suit

  2. Dismissal of suit under Order 9, Rule 2 bars the fresh suit

  3. Dismissal of suit under Order 9, Rule 3 bars the fresh suit

  4. Abatement of suit under Order 22, bars the fresh suit


Answer: Option D


  36.

Under Code of Civil Procedure, which of the following is not a suit of a civil nature

  1. Suit for correcting the date of birth in the service record

  2. Suit for declaration of the right to worship

  3. Suit for vindication of a mere dignity connected with an office

  4. Suit for a religious office


Answer: Option C


  37.

Under Order IV Rule 1, sub rule (1) of Code of Civil Procedure, a suit is instituted when:

  1. A copy of plaint is presented to the court

  2. A plaint in duplicate is presented to the court

  3. A plaint in triplicate is presented to the court

  4. The court takes the plaint in consideration


Answer: Option B


  38.

Issues are settled, in a suit

  1. Under Order XIII of Code of Civil Procedure

  2. Under Order XIV of Code of Civil Procedure

  3. Under Order II of Code of Civil Procedure

  4. Under Order VII of Code of Civil Procedure


Answer: Option B


  39.

Under section 13 of Code of Civil Procedure, a foreign judgment can be challenged on the grounds of

  1. Competency of the court pronouncing the judgment

  2. Being obtained by fraud

  3. Sustaining a claim founded on a breach of law in force in India

  4. All the above


Answer: Option D


  40.

Order XVII, Rule 1 of Code of Civil Procedure restricts the number of adjournment to be granted to a party to

  1. Five

  2. Four

  3. Three

  4. Two


Answer: Option C


'A' lets a house to 'B' at a yearly rent of rupees five hundred. The rent for the whole of the years 1905, 1906 and 1907 is due and unpaid. 'A' sues 'B' in 1908 only for the rent due for 1906-

  1. 'A' can afterwards sue 'B' only for the rent due for 1905

  2. 'A' can afterwards sue 'B' only for the rent due for 1907

  3. 'A' can afterwards sue 'B' for the rent due for 1905 and 1907 both

  4. 'A' cannot afterwards sue 'B' for the rent due for 1905 or 1907


Answer: Option D


  42.

Pleadings shall contain

  1. Material facts only

  2. Only Law

  3. Facts and Law Both

  4. Evidence


Answer: Option A


  43.

Former Suit' denotes that

  1. A suit which has been decided prior to the suit in question

  2. Whether or not it was instituted prior thereto

  1. Is a true statement

  2. 1 is correct only

  3. 2 is correct only

  4. 1 is correct but 2 is not


Answer: Option A


  44.

Which one of the following is not included in the powers of the appellate court?

  1. To determine the case finally

  2. To try the case de novo

  3. To remand the case

  4. To take additional evidence


Answer: Option B


  45.

In order for that a decision in a former suit may operate as res judicata, the court which may decide that suit must have been?

  1. A civil court of competent jurisdiction

  2. A court of exclusive jurisdiction

  3. A court of concurrent jurisdiction 'competent to try the subsequent suit'

  4. A court of limited jurisdiction competent to try the issue raised in the subsequent suit

  1. Either 1 or 3

  2. Either 2 or 3

  3. Either 3 or 4

  4. All of these


Answer: Option D


  46.

Under the Code of Civil Procedure, 1908, no women shall be arrested and detained in civil prison in the matter regarding to the decree relates to

  1. Family disputes

  2. Matrimonial disputes

  3. Legitimacy of children disputes

  4. Payment of money disputes


Answer: Option D


  47.

Period to produce objection under Order 41, rule 22 Code of Civil Procedure, is?

  1. Within one month from the date of service ofnotice of day find for hearing

  2. Up to first or second date of hearing

  3. At any time before final hearing

  4. Never


Answer: Option A


  48.

Which among the following is not an ADR method under Section 89 of Code of Civil Procedure, 1908

  1. Mini Trial

  2. Judicial settlement Through Lok Adalat

  3. Conciliation

  4. None of the above


Answer: Option A


  49.

Where a decree of compromise which was not lawful, there-

  1. Suit shall lie to set aside such decree

  2. Complaint has to made to High Court

  3. No suit shall lie to set aside such decree

  4. Suit may lie to set aside such decree with the leave of District Judge


Answer: Option C


  50.

Which of the following suits is not triable by a Civil Court:

  1. For declaration that A is widow of B

  2. For possession of land

  3. Petition for divorce

  4. For consolidation of holdings


Answer: Option D


To which of the cases the provisions of Order 22, rule 3 and 4 Code of Civil Procedure do not apply?

  1. Suit

  2. Execution proceedings

  3. First appeal

  4. Second appeal


Answer: Option B


  52.

Which of the following deals with commissions issued by foreign Courts in the Code of Civil Procedure?

  1. Section 63

  2. Section 59

  3. Section 76

  4. Section 78


Answer: Option B


  53.

Under Civil Procedure Code, defendant can ask for temporary injunction against the plaintiff if-

  1. There appears to be a danger that plaintiff would waste or alienate the suit property

  2. The plaintiff threatens to dispose off the property with a view to defrauding his creditors

  3. Plaintiff threatens the defendant to dispossess him from the suit property

  4. All of them


Answer: Option D


  54.

The power of dismissal of a suit or striking out of defence under Order XI, Rule 21 of Code of Civil Procedure should be exercised

  1. Only where there is obstinacy or contumacy or wilful attempt to disregard the order of the court

  2. Where there is no obstinacy or contumacy and there is no wilful attempt to disregard the order of the court

  3. Generally without going into the question of obstinacy or contumacy or wilful disregard

  4. As per the discretion of the Court


Answer: Option A

55.

Under Code of Civil Procedure 1908, on death of either parties to the suit between the conclusion of the hearing and the pronouncing of the judgment, the suit . . . . . . . .

  1. Shall abate

  2. Shall not abate

  3. May abate with the permission of the Court

  4. May abate with the consent of the other party


Answer: Option B


  56.

An agreement or compromise entered in a 'representative suit' without the leave of the court is

  1. Void

  2. Voidable

  3. Valid

  4. Either valid or voidable


Answer: Option A


  57.

Under which of the following Orders of Code of Civil Procedure, provisions regarding a suit by indigent persons has been given-

  1. Order XXXII(A)

  2. Order XXXIII

  3. Order XXXII

  4. Order XXXIV


Answer: Option B


  58.

Exemption from personal appearance in the court is provided under

  1. Section 133 of Code of Civil Procedure

  2. Section 132 of Code of Civil Procedure

  3. Section 143 of Code of Civil Procedure

  4. Section 142 of Code of Civil Procedure


Answer: Option A


  59.

A suit under Order XXXVII of the Code of Civil Procedure, 1908 can be based on:

  1. A hundi

  2. An oral contract

  3. A claim for general damages under Section 73 of the Contract Act

  4. None of the above


Answer: Option A


  60.

"Any relief claimed in the plaint, which is not expressly granted by the decree, shall, for the purposes of this section, be deemed to have been refused." This provision is incorporated in;

  1. Section 11, Explanation II

  2. Section II, Explanation III

  3. Section 11, Explanation IV

  4. Section 11, Explanation V


Answer: Option D


If a pauper suit abates on the death of the plaintiff, under Order XXXIII, Rule 11A of Code of Civil Procedure, the fee payable on the plaint shall be recoverable from

  1. The defendant

  2. The estate of the deceased plaintiff

  3. The public exchequer

  4. Either A or B or C


Answer: Option B


  62.

Inherent powers of the Court can be exercised

  1. For the ends of justice or to prevent the abuse of the process of the Court

  2. Even when there is a specific provision in the Code of Civil Procedure

  3. To help a party

  4. To defeat the ends of justice


Answer: Option A


  63.

Maximum amount which a court may order for payment of compensatory cost in case of false or vexatious claims or defences under Civil Procedure Code, 1908, is

A. Rs. 10,000

B. Rs.3,000

C. Rs. 25,000

D. Any amount


Answer: Option B


  64.

Which of the following is not a case on res-judicata?

  1. Duche's of Kington case

  2. Chhajju Ram v. Neki

  3. Munni Bibi v. trilok Nath

  4. Byram Pestonji Kariwala v. Union of India


Answer: Option B


  65.

Appeal from original decree lies

  1. On question of facts

  2. On question of law

  3. Both question of law and question of facts

  4. All the above


Answer: Option D


  66.

Under Section 15 of the Code of Civil Procedure, every suit shall be instituted in

  1. District Court

  2. The court of lower grade

  3. The court of higher grade

  4. All of the above


Answer: Option B


  67.

Under Civil Procedure Code, 1908 "Foreign Court" means

  1. A court situated outside India

  2. A court situated outside India and not established under the authority of Government of India

  3. A court situated in India, applying foreign law

  4. All of the above


Answer: Option B


  68.

Under which Section/Order of the Civil Procedure Code a Provision is made to provide "free legal services to indigent persons"?

  1. Section 151

  2. Section 115

  3. Order XXXIII, Rule 18

  4. Order XXXIX, Rule 2


Answer: Option C

69.

The power under Order VII, Rule 11 of Code of Civil Procedure can be exercised

  1. Before registering the plaint

  2. After issuance of summon to the defendant

  3. At any stage before the conclusion of trial

  4. Either A or B or C


Answer: Option D


  70.

Which of the following deals with service of foreign summonses in the Code of Civil Procedure?

  1. Section 18

  2. Section 20

  3. Section 29

  4. Section 25


Answer: Option C


On account of mis-joinder or non- joinder of parties, under Order I, Rule 9 of Code of Civil Procedure, the suit

  1. Is liable to be dismissed

  2. Cannot be dismissed

  3. May be dismissed or may not be dismissed as per the discretion of the court

  4. None of the above


Answer: Option B


  72.

Which of the following deals with suits to be instituted where subject- matter situate in the Code of Civil Procedure?

  1. Section 19

  2. Section 12

  3. Section 13

  4. Section 16


Answer: Option D


  73.

Under Order VI, Rule 16 of Code of Civil Procedure, the pleadings can be ordered to be struck out

  1. If are unnecessary, scandalous, frivolous or vexatious

  2. If tend to prejudice, embarras or delay the fair trial

  3. If is an abuse of the process of the court

  4. All the above


Answer: Option D


  74.

Attachment of property under a precept shall remain valid for a period of

  1. 90 days until extended

  2. 60 days until extended

  3. 30 days until extended

  4. Till further order


Answer: Option B


  75.

A suit filed for compensation for a wrong done to a person or movable property shall be instituted in the Court within whose jurisdiction

  1. The wrong was done

  2. The defendant resides

  3. The defendant personally works for gain

  4. Any of the rest three options


Answer: Option D

76.

A temporary injunction can be granted to a party establishing

  1. A prima facie case in his favour

  2. Balance of convenience in his favour

  3. Irreparable injury to him in the event of non-grant of injunction

  4. All of the above


Answer: Option D


  77.

The jurisdiction of a court, refers to the power or the extent of the authority, of the court to administer justice, with reference to . . . . . . . .

  1. The local limits

  2. The subject matter of litigation

  3. The pecuniary value

  4. All of the above


Answer: Option D


  78.

Under Order XXIII, Rule 3 of Code of Civil Procedure, on the basis of a compromise

  1. A decree has to be drawn only in respect of the subject matter that relates to the suit

  2. A decree has to be drawn for the entire compromise so long as it embraces part of the subject matter of the suit and part outside it

  3. A decree has to be drawn where the compromise does not embrace the subject matter of the suit at all

  4. No decree need to be drawn in cases of compromise of the suit


Answer: Option A


  79.

How much salary of a person can be attached in execution of a decree for maintenance?

  1. First one thousand rupees and 1/3 of the remainder

  2. First one thousand rupees and 2/3 of the remainder

  3. 2/3 of the salary

  4. 1/3 of the salary


Answer: Option D


  80.

Appointment of receivers of any property can be made when-

  1. Before decree

  2. After decree

  3. Only appellate court can made order

  4. It appears to the court to be just and convenient whether before or after decree


Answer: Option D

Which of the following provisron is related with set off under Code of Civil Procedure?

  1. Order VIII Rule 5

  2. Order VIII Rule 6

  3. Order VII Rule 5

  4. Order VII Rule 6


Answer: Option B


  82.

A suit dismissed under Order XXV for non furnishing of security for payment of costs

  1. Cannot be restored

  2. Can be restored by the same court

  3. Can be restored only in appeal

  4. Can be restored only in revision


Answer: Option B

  83.

Under Section 10 of the Code of Civil Procedure, 1908, during the pendency of suit in a foreign court, Indian Courts

. . . . . . . . trying a suit founded on the same cause of action

  1. Are precluded from

  2. Are not precluded from

  3. Do not have the jurisdiction of

  4. None of the above


Answer: Option B


  84.

The 'doctrine of restitution' is based upon the maxim:

  1. Actus incumbit onus probandi

  2. Actus curiae neminem gravavit

  3. Actus dei nemini facit injuriam

  4. Actus non-facit reum nisi mens sit rea


Answer: Option B


  85.

Which is provision is related to joinder of cause of action?

  1. Order 1 Rule 2

  2. Order 1 Rule 3

  3. Order 2 Rule 2

  4. Order 2 Rule 3


Answer: Option D


  86.

Under Section 2(3) of Code of Civil Procedure a decree-holder means:

  1. A person who is not a party to a suit but in whose favour an order capable of execution has been passed

  2. The plaintiff

  3. The defendant

  4. All of the above


Answer: Option D


  87.

Which of the following statement is incorrect?

  1. Where there are more defendants than one, service of the summons shall be made on each defendant

  2. Service of the summons shall be made by tendering a copy thereof signed by the lawyer

  3. Summons for the defendant cannot be served on his servant

  4. Defendant may empower agent to receive summons


Answer: Option B


  88.

Which of the following deals with suits against foreign Rulers, Ambassadors and Envoys in the Code of Civil Procedure?

  1. Section 90

  2. Section 86

  3. Section 92

  4. Section 82


Answer: Option B


  89.

By which principle "Multiplicity of proceedings" can be reduced:

  1. Resgestae

  2. Res interregnum

  3. Res Ispa Loquitor

  4. Res judicata


Answer: Option D


  90.

Which of the following term means "under consideration of a Court of Law"?

  1. Sine quo non

  2. Res judicata

  3. Double jeopardy

  4. Sub judice


Answer: Option D

If the defendant fails to file written statement . . . . . . . .

  1. The court would hear the suit ex- parte

  2. The court may pass judgment against him

  3. The court shall issue notice

  4. None of the above


Answer: Option B


  92.

Under the provisions of the Code of Civil Procedure, the court has no inherent jurisdiction:

  1. To restore a suit dismissed for non- payment of court fees

  2. To restore an election petition dismissed for default

  3. To consolidate suits based on different claims

  4. All the above


Answer: Option D


  93.

On which of the following grounds a plaint will not be rejected

  1. Where the suit appears from the statement in the plaint to be barred by any law

  2. Where the relief claimed is undervalued, and the plaintiff, on being required by the court to correct the

valuation within a time to be fixed, fails to do so

  1. Where it does not disclose a cause of action

  2. Where it has not been presented by an Advocate


Answer: Option D


  94.

The term "Award and Decree" is used to denote

  1. The order of Commissioner of Income Tax

  2. The order of Collector passed while recovering the revenue

  3. Order of Civil Court, Arbitrator, Industrial Court, Cooperative Court etc.

  4. Final order of Supreme Court


Answer: Option C


  95.

Which of the following deals with public charities in the Code of Civil Procedure?

  1. Section 90

  2. Section 88

  3. Section 92

  4. Section 82


Answer: Option C


  96.

Code of Civil Procedure, 1908 is a

  1. Substantive law

  2. Procedural law

  3. Combination of substantive law and procedural law

  4. Directory law


Answer: Option B

97.

A Court may not frame issues on the basis of allegations/contents made by the parties:

  1. In pleadings

  2. On oath

  3. In applications

  4. In documents


Answer: Option C


  98.

Right to sue survives in cases of suits for

  1. Defamation

  2. Assault

  3. Personal injuries not causing death

  4. None of the above


Answer: Option D


  99.

A person against whom summons has been issued may be compelled under Section 32 of Code of Civil Procedure to attend by-

  1. Issue of a warrant

  2. Attachment and sale of his property

  3. Imposing a fine

  4. Ordering him to furnish security for his appearance

Select the correct answer:

  1. 1 and 4

  2. 3 and 4

C. 1, 2 , 3 and 4

D. 2 and 4


Answer: Option C


  100.

Summons for serving on defendant(s) can be issued and delivered to the plaintiff under Order V, Rule 9A of Code of Civil Procedure,

  1. In lieu of summons issued and delivered under Order V, Rule 9 of Code of Civil Procedure

  2. In addition to the summons issued and delivered under Order V, Rule 9 of Code of Civil Procedure

  3. After the summons issued and delivered under Order V, Rule 9 of Code of Civil Procedure remained unserved

  4. After the summons issued and delivered under Order V, Rule 9 of Code of Civil Procedure has been refused


Answer: Option B

1. The period of limitation for filing an application for review is

A.30 days of the judgment/order

B.60 days of the judgment/order

C.90 days of the judgment/order

D.120 days of the judgment/order


Answer: Option A


  2.

Whether a minor on attaining majority may, if a sole plaintiff, apply that a suit instituted in his name by his next friend be dismissed on the ground that it was unreasonable or improper:

A.No

B.With the consent of next friend C.Yes

D.Joint application will be with next friend


Answer: Option C


  3. An application for the substitution of the legal representatives of the plaintiff who has died, has to be moved by

  1. The legal representatives of the plaintiff

  2. The defendant

  3. Both A and B D.Either A or B


Answer: Option A

Answer: Option D


  5. Which of the following principles is not true regarding Pleadings?

A.Pleadings should state fact and law B.Only material facts shall be stated C.Pleadings should not state evidence D.Facts should be stated in concise form


Answer: Option A


  6. Second appeal shall not lie from any decree, as provided under Section 102 of Code of Civil Procedure, when the subject-matter of original suit is for recovery of money not exceeding

A.Rs. 10,000/-

B.Rs. 25,000/-

C.Rs. 50,000/-

D.Rs. 1,00,000/-


Answer: Option B


  7. No preliminary decree is passed

  1. In a partition suit

  2. In a suit seeking specific performance of sale agreement

  3. In a suit seeking the relief of foreclosure

  4. In a suit seeking a relief of redemption


Answer: Option B



4. The leave may be granted by the civil court to deliver interrogatories

A.Only to the defendant since the plaintiff is the master of the suit

B.Even if they relate to matters not in question in the suit

C.Notwithstanding the objection taken by the opposite party

D.If it considers the same necessary for disposing of the case fairly

8. In the case of a Public nuisance a suit for declaration and injunction may be instituted by:

  1. Two persons with the leave of the court

  2. Two persons having obtained oral consent of the Advocate General C.Two persons having obtained the

written consent of the Advocate general

D.Two person to whom no special damage has been caused by person of such public nuisance


Answer: Option A


  9. Under which section of the Contempt of Courts Act, 1971, the High Court of Delhi observed that the Act has no application in the context of contempt of Central Administrative Tribunal (CAT).

A.15(2) B.14 C.15(1) D.16


Answer: Option A


  10.

During the pendency of an appeal by the four defendants in the suit, one of the appellants (defendants) dies and no steps for substitution of his legal representatives are taken and the appeal in so far as it relates to the said appellant abates. The five respondents (plaintiffs) apply for dismissal of the entire appeal as abated. Answer whether:

  1. The entire appeal abates and has to be dismissed

  2. The entire appeal abates only if the cause of action against all the defendants was one and allowing the appeal of the other defendants would lead to inconsistent decrees

  3. The appeal only of the decreased appellant abates and as far as the other defendants (appellants) are concerned has to continue

  4. The proceedings in the appeal have to be stayed and a second appeal is required to be filed for determination of this question

Answer: Option B


The court may by order appoint a receiver of any property before decree:

  1. Where it appears to the court to be just and convenient

  2. Where the suit property is in danger of being wrongfully sold in execution of a decree

  3. Where the defendant is about to dispose of the whole or any part of his property

  4. Where the defendant has ascended the local limits of the jurisdiction of the court


Answer: Option A


  12.

Under Section 34 of Code of Civil Procedure, 1908, a Court may grant pendente lite interest at a rate . . . . . .

. .

  1. Agreed between the parties

  2. Deemed by it reasonable

  3. @6% per annum

  4. Charged by natioalised bank

  5. None of the above


Answer: Option B


  13.

In transaction for transfer or delivery of the property attached, where the contract is executed and registered before attachment, the mischief of sub-section (1) shall not apply.

However in which of the following situation it applies?

  1. Where the property is transferred and registered after attachment

  2. Where the property is transferred before attachment but registration takes place after the attachment

  3. Both A and B

  4. None of these

Answer: Option C


  14.

No permission to sue as an indigent can be granted, if

  1. The application does not disclose a cause of action

  2. Any other person has agreed to finance the litigation

  3. The interest of applicant in the subject matter stands transferred to another person

  4. All of the above


Answer: Option D


  15.

Non-substitution of legal representatives of either party to the suit who dies, between the conclusion of hearing and pronouncement of the judgment:

  1. Renders the judgment a nullity

  2. Renders the judgment liable to be set aside in appeal

  3. Renders the judgment nullity only at the option of other party

  4. Has no consequences


Answer: Option D


  16.

For transfer of a suit from one court to another by defendant where both court are subordinate to different High Courts, the application lies to

  1. State Government

  2. To Supreme Court

  3. To High Court in whose jurisdiction the court in which suit is brought is situated D.To any two of High Court's


Answer: Option C


  17.

A suit filed in representative capacity can be withdrawn, compromise and abandoned etc. by the plaintiff:

A.Without notice to all the persons interested

B.After notice to all the persons interested

C.Both A and B D.Either A or B


Answer: Option B


  18.

Power granted to a Court under Section 151 of the Code of Civil Procedure is known as:

A.Inherent power B.Appellate power C.Revisional power D.Reviewing power


Answer: Option A


  19.

Expenses of the commission have to be born by

  1. The party at whose instance the commission is issued

  2. The party for whose benefit the commission is issued

  3. Both parties in a suit in equal share D.Either A or B


Answer: Option D


  20.

A letter of request in lieu of issuing a commission to examine a witness, under section 77 of Code of Civil Procedure can be issued in respect of a person

  1. Residing at any place within India

  2. Not ordinarily residing at any place within India

  3. Residing at any place not within India D.Either A or B or C


Answer: Option C


In cases of the commercial contracts between parties of two different countries, the jurisdiction of the court shall be governed by

  1. Lex loci contractors

  2. Lex loci solutions

  3. Les situs

  4. Rule of freedom of choice i.e., intention of the parties


Answer: Option D


  22.

A' filed a suit against three defendants. Defendant No. 1 alleged that there was no cause of action against him under order VII Rule 11(d) Code of Civil Procedure. The Plaint is to be

  1. Rejected in whole

  2. Rejected in part if the cause of action is not joint and several

  3. Proceeded with against all defendants D.None of these


Answer: Option C


  23.

Notice' under Section 80 of the Code of Civil Procedure, when it relates to 'Railways', has to be served on which of the following?

A.Minster of Railways B.Secretary of Railway Ministry

C.General Manager of concerned railway

D.Prime Minister of India


Answer: Option C


  24.

In a suit for partition instituted on 5th July, 2000, recording of evidence

has commenced. An application dated 9th July, 2018 of the plaintiff to amend the plaint.

A.Lies and shall be allowed if the amendment is necessary for the purpose of determining the real question in controversy between the parties and on such terms as may be just

B.Lies and shall be allowed if the amendments are necessary for purposes of determining the real question in controversy between the parties but shall not be allowed unless the court comes to the conclusion that inspite of due diligence the plaintiff could not have raised the matter before commencement of trial

C.Lies and shall be allowed D.Does not lie


Answer: Option B


  25.

Rejection of an application for leave to sue forma pauperis is:

A.A decree B.Not a decree

C.May or may not be a decree depending on facts

D.None of the above


Answer: Option B


  26.

Res-judicata means

  1. Staying the suit during pendency of the previous suit between the same parties involving similar issues

  2. Not trying the suit if suit involving similar issues between similar parties is decided

  3. Bar to further suit D.Expending trial of the suit


Answer: Option B


  27.

Parties by their consent/agreement A.Can confer jurisdiction on a court, where there is none in law

B.Can oust the jurisdiction of the court where there is one in law

C.Can oust the jurisdiction of one of the courts when there are two courts simultaneously having jurisdiction in law D.All the above


Answer: Option C


  28.

In a case, A applies for leave to sue as a pauper. On the day fixed for the hearing of the application. A, alleging that he has succeeded in negotiating a loan for the payment of the Court- fees, pays the necessary Court-fees.

  1. The application is thereupon numbered and registered as a plaint

  2. The application for leave to sue as a pauper having been made in good faith, and not on the day on which the Court- fees were paid

  3. Both A and B

  4. None of these


Answer: Option C


  29.

Where a compromise was arrived between parties to a suit by playing fraud, misrepresentation or mistake and a decree was passed with the consent of the parties, then the affected party may select which one of the following alternatives for setting aside such decree, namely the recourse

  1. Through appeal

  2. Through revision

  3. Through review

  4. Through second suit


Answer: Option D


  30.

"Legal heirs must always be the legal representatives in a civil suit". This statement is:

A.Correct B.Partly correct C.Incorrect

D.None of the above


Answer: Option C


A, a bank officer, got compulsorily retired in 2014. Since the bank authorities did not release the leave encashment in his favour, he filed writ petition WP 2001 (W) of 2017 in Ranchi High Court for the same and also for the interest on the unpaid amount. The writ petition was disposed of by a learned Single Judge in December 2018 directing the bank to release the privileged leave encashment benefits to the petitioner to the extent he was entitled to in accordance with law within a certain period. The prayer for interest was not specifically denied by the court.

The bank filed an appeal against the order. The Division Bench of Ranchi High Court in February, 2019 declined to admit the appeal. The bank authorities released the leave encashment in favour of the petitioner. However, A files a writ petition again for a direction to the bank to disburse interest to A at the rate of 18% per annum on leave encashment released by the bank.

This petition is covered under which of the following?

  1. Section II, Code of Civil Procedure

  2. Section II, Expl. 5, Code of Civil Procedure

  3. Section II, Expl. 4, Code of Civil Procedure

  4. Order 2, Rule 2, Code of Civil Procedure


Answer: Option B


  32.

Provisions relating to appeal from original decree are contained in

  1. Order XL of Code of Civil Procedure

  2. Order XLI of Code of Civil Procedure

  3. Order XLII of Code of Civil Procedure

  4. Order XLVII of Code of Civil Procedure


Answer: Option B


  33.

Which of the proposition is incorrect with regard to oral examination of a party by the Court under Order 10, Rule 2 Code of Civil Procedure?

  1. The examination need not be restricted to allegations in the pleadings of the other party but can relate to elucidating any matter in controversy in the suit

  2. The court can examine not only the parties but any person accompanying either party to the suit

  3. The statement made during the course of examination is not on oath

  4. The court can cross-examine any of the parties with reference to a document


Answer: Option D


  34.

Which of the following deals with the statement and production of evidence in the Code of Civil Procedure?

  1. Order 12, Rule 5

  2. Order 14, Rule 20

  3. Order 18, Rule 2

  4. Order 11, Rule 7


Answer: Option C


  35.

Which of the following can exceed the pecuniary jurisdiction of the court

A.Set-off B.Counter-claim

C.Both set-off and counter-claim

D.Neither set-off nor counter-claim


Answer: Option D


  36.

Which of the following deals with public nuisances and other wrongful acts affecting the public in the Code of Civil Procedure?

  1. Section 90

  2. Section 91

  3. Section 92

  4. Section 82


Answer: Option B


  37.

Ramesh, karta of a joint property sold different properties to different persons on different dates. After the death of Ramesh, Suresh filed a suit joining all the purchasers as defendants and claimed that Ramesh transferred the properties when there was no legal necessity to do so.

Purchasers claimed misjoinder of cause of action. Decide whether there is a misjoinder of cause of action.

  1. Yes, there is a misjoinder of cause of action

  2. No, there is no misjoinder

  3. Facts are not sufficient to decide

  4. None of the above


Answer: Option B


  38.

Which of the following is a suit of civil nature?

  1. Suits for upholding mere dignity or honour

  2. Suits for accounts

  3. Suits expressly barred by some enactment

  4. Suits relating to political questions


Answer: Option D


  39.

Which of the following deals with the right to lodge a caveat in the Code of Civil Procedure?

  1. Section 148A

  2. Section 144B

  3. Section 149C

  4. Section 153A


Answer: Option A


  40.

Ram Lal & Co., a sole proprietary of Ram Lal, files a suit against 'X' for recovery of money. 'X' files a Counter Claim in the said suit for recovery of money owed by Shyam Lal & Co., a sole proprietary of Shyam Lal, son of Ram Lal:

  1. Issues will be framed in the suit and Counter Claim

  2. Shyam Lal will be impleaded as plaintiff in the suit

  3. Shyam Lal will be impleaded as defendant in the suit

  4. Counter Claim will be returned


Answer: Option D


Interrogatories can be set aside or struck off, on an application under Order XI, Rule 7 of Code of Civil Procedure, made within

A.7 days of service of interrogatories

B.10 days of service of interrogatories

C.14 days of service of interrogatories

D.15 days of service of interrogatories


Answer: Option A


  42.

Section 34 of the Code of Civil Procedure provides

  1. The Payment of fine imposed by the court

  2. Payment of compensation to the other party

  3. Payment of interest

  4. None of the above


Answer: Option C


  43.

A permission to sue as pauper once granted, under Order XXXIII, Rule 9 of Code of Civil Procedure

  1. Can never be withdrawn

  2. Can be withdrawn generally

  3. Can be withdrawn under certain circumstances only

D.Either A or B


Answer: Option C


  44.

Under Civil Procedure Code, when application for review is dismissed-

  1. Appeal can be filed against the order

  2. No appeal lies

C.With the permission of Court, appeal can be filed against the order

D.None of them


Answer: Option B


  45.

The term 'acts' in Order III, Rules 1 and 2 of the Civil Procedure Code 1908 is confined only:

  1. In respect of acts done by the power-of- attorney holder in exercise of the power granted by the instrument and would not include deposing in place and instead of the principal

  2. In respect of acts done by the power-of- attorney holder in exercise of the power granted by the instrument and includes deposing in place and instead of the principal

  3. In respect of acts done by the power-of- attorney holder in exercise of the power granted by the instrument but includes

appearance as a witness on behalf of the party in the capacity of that party

  1. To deposing in place and instead of the principal


Answer: Option A


  46.

In Order 8, at every stage where the defendant is called upon to produce the documents, an exception is always made with reference to documents produced:

  1. For cross-examination of the plaintiff's witness or the cross-examination of the witness of the other party

  2. In answer to a case set up by the plaintiff, subsequent to the filling of the suit

C.With a view of refreshing memory D.All of these


Answer: Option D


  47.

Civil Court's jurisdiction is not barred in proceedings under

  1. Industrial disputes act

  2. Income-tax recovery under income-tax act

  3. Administrative Tribunal Act D.All of the above


Answer: Option D


  48.

A suit shall be instituted in a Court within the local limits of whose jurisdiction:

  1. The plaintiff resides

  2. The Stamp Paper for entering into the contract was purchased

  3. Where no cause of action in part or full arose

  4. Where the cause of action or in part arose

Answer: Option D


  49.

Under the Code of Civil Procedure, 1908, for the first time provision for compensatory costs in respect of false or vexatious claims or defences, has been made under

  1. Section 35 of the Code

  2. Section 35(B) of the Code

  3. Section 35(A) of the Code

  4. Section 34 of the Code


Answer: Option C


  50.

Which of the following suits is not of civil nature?

  1. Suits involving principally caste questions

  2. Suits involving purely religious ceremonies

  3. Suits for recovery of voluntary payments/offerings

  4. All of the above


Answer: Option D


Compromise under Order XXIII, Rule 3 of Code of Civil Procedure

  1. Must be in writing and signed by the parties

  2. Must be in writing but need not be signed by the parties

  3. Must be in writing but need not be lawful

  4. None of the above


Answer: Option A


  52.

Whether a suit dismissed in default can be restored without notice to the defendant or his counsel, if the defendant and his counsel was not present on the date of dismissal of the suit in default?

A.No, as suit once dismissed cannot be restored

B.Yes

C.Principles of natural justice require that the defendant or his counsel must be heard

D.Only if the suit was pending in the High Court and not if the suit was pending before the district courts


Answer: Option B


  53.

Court may pass decree contingent upon decision of High Court under which of the following in the Code of Civil Procedure?

  1. Order 25, Rule 5

  2. Order 46, Rule 2

  3. Order 22, Rule 18

  4. Order 16, Rule 10


Answer: Option B


  54.

Under which of the following sections of the Code of Civil Procedure is the requirement of statutory notice before filing suit against government laid down?

  1. Section 75

  2. Section 80

  3. Section 14

  4. Section 115


Answer: Option B


  55.

The stipulation that in a suit by the Central Government, the authority to be named as plaintiff shall be "the Union of India" has been provided for in Section:

A.78 B.79 C.79A D.77

Answer: Option B


  56.

Civil Procedure Code: Amendment in pleadings relates to-

  1. Order 6, rule 15 Code of Civil Procedure

  2. Order 6, rule 17 Code of Civil Procedure

  3. Order 6, rule 16 Code of Civil Procedure

  4. Order 6, rule 18 Code of Civil Procedure


Answer: Option B


  57.

Under which provision of the Code, an indigent can file a suit:

  1. Order 33 Rule 1

  2. Order 33 Rule 2

  3. Order 33 Rule 4

  4. Order 33 Rule 5


Answer: Option A


  58.

Which of the following statements is correct?

A.No suit, not involving urgent or immediate relief, may be instituted against the Central Government except after serving a notice of two months

B.A decree against the Union of India may not be executed unless it remains unsatisfied for a period of three months C.Both A and B are correct

D.Both A and B are incorrect


Answer: Option C


  59.

The object of discovery is:

  1. To elicit admissions

  2. To obviate the necessity to produce lengthy evidence

  3. To expedite disposal

  4. All of these


Answer: Option D


  60.

The object of oral examination under Order 10, Rule 2 of Code of Civil Procedure is-

  1. To elucidate the matters in controversy in the suit

  2. To record evidence

  3. To secure admissions

  4. None of the above


Answer: Option A


Where a decree is passed against the Union of India or a State for the act done in the official capacity of the officer concerned under section 82 of Code of Civil Procedure, execution shall not be issued on any such decree

  1. Unless the decree remains unsatisfied for a period of three months from the date of the decree

  2. Unless the decree remains unsatisfied for a period of six months from the date of the decree

  3. Unless the decree remains unsatisfied for a period of one year from the date of the decree

  4. Unless the decree remains unsatisfied for a period of two years from the date of the decree


Answer: Option A


  62.

Where a defendant was avoiding service deliberately, the court ordered service by advertisement in a newspaper, but it did not order to affix the summons in the court house or at the defendant's house also. The procedure adopted by the court is

A.Regular B.Irregular C.Improper D.Unjustified

Answer: Option A


  63.

Order XII, Rule 8 of Code of Civil Procedure pertains to

  1. Notice to admit fact(s)

  2. Notice to admit document(s)

  3. Notice to produce document(s)

  4. Both A and B


Answer: Option C


  64.

A suit brought by a person to recover possession from a stranger of matth property claiming it as heir of the deceased Mahant. The suit is dismissed on his failure to produce the succession certificate. A second suit was filed by him as manager of the math.

  1. The second suit will be barred by Res Judicata

  2. The second suit will not be barred by Res Judicata

  3. The second suit will be barred by Res sub-judicae

  4. None of the above


Answer: Option B


  65.

Under which provision of Code of Civil Procedure, restoration or setting aside of orders passed ex parte can be sought regarding an application filed under Order XXI of Code of Civil Procedure which has been dismissed for non appearance or decided ex parte?

  1. Order IX Rule 13

  2. Order XXI Rule 58

  3. Order XXI Rule 106

  4. Order XXI Rule 100


Answer: Option C

66.

An application for bringing the legal representatives of a party has to be moved within

A.30 days of the death

B.60 days of the death

C.90 days of the death

D.15 days of the death


Answer: Option C


  67.

Parties to the suit can compromises in a suit

  1. Order 23 Rule 1 of Code of Civil Procedure

  2. Order 23 Rule 3 of Code of Civil Procedure

  3. Order 23 Rule 3A of Code of Civil Procedure

  4. Order 23 Rule 4 of Code of Civil Procedure


Answer: Option B


  68.

Under which of the following provisions of the Code of Civil Procedure, 1908 an ex parte order and ex parte decree may be set aside?

  1. Order 9, Rule 7 and Order 9, Rule 10

  2. Order 9, Rule 4 and Order 9, Rule 5

  3. Order 9, Rule 7 and Order 9, Rule 13

  4. Order 9, Rule 11 and Order 9, Rule 12


Answer: Option C


  69.

Documents to be deemed to be admitted if not denied after service of notice to admit documents under which of the following in the Code of Civil Procedure?

  1. Order 16, Rule 2

  2. Order 4, Rule 13

  3. Order 6, Rule 10

  4. Order 12, Rule 2A

Answer: Option D


  70.

The word 'resides' used in section 19 of the Code of Civil Procedure means:

A.Natural persons B.Companies C.Tort

D.None of these


Answer: Option A


  71.

In case of failure of filing the written statement within thirty days, the defendant can be allowed to file the same on such other day specified by the court for reasons recorded in writing

A.Within 90 days from the date of service of summons

B.Within 120 days from the date of service of summons

C.Within 60 days from the date of service summons

D.Within 45 days from the date of service summons


Answer: Option A


  72.

Raju dies leaving behind a son Ravi and a married daughter Kavita, a suit filed by Raju, under his death, can be continued by:

  1. Ravi alone as legal representative

  2. Kavita alone as legal representative

  3. Ravi, Kavita and her husband as legal representatives

  4. Ravi and Kavita both as legal representatives


Answer: Option D


  73.

A file a suit against B to recover possession of a house. He values his claim in the plaint at Rs. 8,000. The suit is filed in court C, which has jurisdiction to try the suit of a value upto Rs. 10,000. The market value of the house is Rs. 12,000 but B does not object to the jurisdiction of the court. The decree is passed in favour of A

  1. In appellate court B cannot take the objection about the pecuniary jurisdiction of court C

  2. In appellate court, B can take the objection about the pecuniary jurisdiction of Court C

  3. In appellate court, B can take the objection about the pecuniary jurisdiction of court C, if it has resulted in failure of justice

  4. None of the above


Answer: Option A


  74.

It is a fundamental principle of pleadings that pleadings should contain a statement of material facts and material facts only. Which of the following case has defined material facts?

A.Udhav Singh v. Madhav Rao Scindia

B.A. R. Antulay v. R. S. Nayak

C.State of Haryana v. State of Punjab

D.State of Uttar Pradesh v. Nawab Hussain


Answer: Option A


  75.

The Code of Civil Procedure, 1908 was amended by the Civil Procedure Code (Amendment) Act, 2002, with the object to:

A.Cut short delay in disposal of suit B.Give more power to civil courts C.Reduce the power of civil courts

D.Make provisions stringent

Answer: Option D


  76.

Under Civil Procedure Code, a litigant having a grievance of Civil nature has a right to institute a Civil suit if cognizance is . . . . . . . .

A.Not expressly barred B.Impliedly barred

C.Expressly and Impliedly barred D.None of these


Answer: Option A


  77.

X' obtains money decree against 'Y'. In execution of the money decree, 'X' attaches moneys belonging to 'Y' lying with 'Z'. Then 'Z' is called-

A.Decree holder B.Judgement debtor C.Banker D.Garnishee


Answer: Option D


  78.

If an indigent person succeeds in the suit, the due amount of Court fees shall be recoverable from:

  1. The plaintiff

  2. The defendant

  3. Any party ordered by the decree to pay the same

  4. The State Government

  5. None of the above


Answer: Option C


  79.

Second Appeal under section 100 of Civil Procedure Code lies before:

A.District Court B.High Court C.Supreme Court

D.Special Court

Answer: Option B


  80.

Which of the following orders and rules of the Code of Civil Procedure provide for "Framing of issues"?

  1. Order XIV, Rule 1

  2. Order XVIII, Rule 1

  3. Order XIV, Rule 2

  4. Order XIV, Rule 5


Answer: Option A


  1. The term "Res judicata" means

A.Further proceeding

B.A matter already adjudicated C.Stay of proceeding

D.Bar the Proceedings


Answer: Option B


  82.

Which one of the following combination are not correctly matched?

  1. Res subjudice ⇔ Section 11

  2. Res judicata ⇔ Section 10

  3. Judgement and decree ⇔ Section 33

  4. Summon to witness ⇔ Section 80 Select correct answer:

  1. 1, 2 and 3

  2. 1, 2 and 4

  3. 1, 3 and 4

  4. 2, 3 and 4


Answer: Option B


  83.

Propositions are:

  1. Set-off and counter-claim arises out of the same transaction.

  2. Set-off should not be barred on the date of the suit while counter-claim should not be barred on the date of filing of written statement.

  3. Claim for set-off cannot exceed plaintiff's claim, whereas counter- claim can exceed the plaintiff's claim. In respect of the aforesaid which is correct:

A.All 1, 2 and 3 are correct

B.1 and 2 are correct 3 is incorrect

C.1 and 3 are correct 2 is incorrect

D.2 and 3 are correct 1 is incorrect


Answer: Option D


  84.

Under Order XXXIX, Rule 2A, a person guilty of disobedience or breach can be penalised by

A.Attachment of property B.Detention in civil imprisonment C.Either A or B or both

D.Only A and not B


Answer: Option C


  85.

Which of the following deals with plaint in interpleader-suits in the Code of Civil Procedure?

  1. Order 12, Rule 1

  2. Order 17, Rule 10

  3. Order 33, Rule 18

  4. Order 35, Rule 1


Answer: Option D


  86.

Which of the following person may not file an application for execution under Civil Procedure Code, 1908 namely

A.A decree holder

B.Legal representative, if the decree holder is dead

C.A person claiming under decree holder D.Judgment debtor


Answer: Option D

87.

In order to prove bar under Order II, rule 2, Code of Civil Procedure, filing and plaint of previous suit is:

A.Discretionary B.Mandatory C.Directory D.None of these


Answer: Option B


  88.

Under section 39(4) of Code of Civil Procedure, the court passing the decree is

  1. Authorised to execute such decree against any person outside local limits of its jurisdiction

  2. Authorised to execute such decree against any property outside the local limits of its jurisdiction

C.Either A or B D.Neither A or B


Answer: Option D


  89.

A suit under Order 37 of Code of Civil Procedure can be filed on

A.Court of Small Causes B.City Civil Court

C.High Court D.All the above


Answer: Option D


  90.

Imposition of costs under section 35A of Code of Civil Procedure

  1. Absolves a person from criminal liability that may arise on the principle of double jeopardy

  2. Does not absolve the person from criminal liability that may arise therefrom C.May absolve or may not absolve from criminal liability

D.The court imposing cost may order for exemption from criminal liability


Answer: Option B


Where the court refers the parties to the suit to the mode of settlement of dispute referred to in Section 89 of Code of Civil Procedure plaintiff shall be entitled to refund of court fees under Section of court fees

Act.

  1. Section 16

  2. Section 17

  3. Section 18

  4. None of the above


Answer: Option A


  92.

Which of the following instances of order are decrees?

  1. An order rejecting an application for leave to sue in forma pauperis for no suit has till then been filed

  2. An order refusing leave to institute for accounts of religious endowment

  3. An order under the Indian Trusts Act, 1882 dismissing an application for the removal of trustee

  4. An order on a settlement case under section 104 (2) of the Bengal Tenancy Act 3 of 1898 as the proceeding is instituted not by a plaint but by an application

  5. An order made on an application to the District Court under section 84 (2) of the Madras Religious Endowments Act 2 of 1927

A.1, 3

B.2, 5

C.2, 4, 5

D.All of these


Answer: Option D


  93.

The language of the judgment should be sober, temperate and clear. Use of abbreviation or code words should be

A.Used B.Conditionally used C.Strictly avoided D.Necessary


Answer: Option C


  94.

Which of the following is not an essential condition for the applicability of the rule of sub judice?

  1. The matter in issue in the subsequent suit must be directly and substantially in issue in the previous suit

  2. Both the suits must be between the same parties or their representatives C.Such parties must be litigating under the same title in both the suits

D.The subject matter and the cause of action should be the same in both the suits


Answer: Option D


  95.

Which of the following deals with the direction of the court to opt for any one mode of alternative dispute resolution in the Code of Civil Procedure?

  1. Order 5, Rule 30

  2. Order 10, Rule 1A

  3. Order 6, Rule 10

  4. Order 8, Rule 22


Answer: Option B


  96.

Section 152 of the Code of Civil Procedure empowers the Court to amend judgment, decrees, or orders in respect of

A.Clerical or arithmetical mistakes only B.Accidental slips or omissions only

C.A and B both D.None of the above


Answer: Option C


  97.

The provision for the institution of suits is given in which of the following sections of Code of Civil Procedure?

  1. Section 26

  2. Section 30

  3. Section 28

  4. Section 25


Answer: Option A


  98.

The principle of Private International Law is incorporated in

  1. Sections 13 and 14 of the Code of Civil Procedure

  2. Sections 15 and 16 of the Code of Civil Procedure

  3. Sections 17 and 18 of the Code of Civil Procedure

  4. Sections 19 and 20 of the Code of Civil Procedure


Answer: Option A


  99.

If there is stipulation for the rate of interest, the court must allow the rate upon the date of the suit, subject to which of the following exceptions?

  1. Any provision of the law applicable to money lending transaction, or usury laws or any other debt law governing the parties and having an overriding effect on any stipulation for payment of interest voluntarily entered into between the parties

  2. If the rate is penal, the court must award at such rate as it deems reasonable C.Even if the rate is not penal, the court may reduce it if the interest is excessive

and the transaction was substantially unfair

D.All of these


Answer: Option D


  100.

Furnishing of further particulars has been provided

  1. Under Order VI, Rule 4 of Code of Civil Procedure

  2. Under Order VI, Rule 5 of Code of Civil Procedure

  3. Under Order VI, Rule 6 of Code of Civil Procedure

  4. Under Order VI, Rule 7 of Code of Civil Procedure


Answer: Option B

1. Mohan residing in Mumbai beats Sohan in Delhi. Sohan may sue

Mohan:

  1. Only in Mumbai

  2. Only in Delhi

  3. Either in Mumbai or in Delhi

  4. None of these


Answer: Option C


  2. Where an appellant has withdrawn the appeal preferred against a decree passed ex parte, a subsequent application filed under Order IX Rule 13 of Code of Civil Procedure, 1908 shall be:

  1. Rejected

  2. Returned

  3. Maintainable

  4. Referred to the appellate court

  5. None of the above


Answer: Option C


  3. An order passed under section 151

Code of Civil Procedure, is:

  1. Appealable

  2. Revisable

  3. Not liable to be interfered with

  4. Not reviewable


Answer: Option B


  4. An appeal against an order of the Provincial Small Cause Court, if appealable, shall be made to

  1. The District Court

  2. The High Court

  3. The Metropolitan Magistrates Court

  4. The City Civil Court


Answer: Option A


  5. A decree-holder has been defined as a person in whose favour a decree has been passed or an order capable of execution has been made under

  1. Section 2(2) of Code of Civil Procedure

  2. Section 2(3) of Code of Civil Procedure

  3. Section 2(4) of Code of Civil Procedure

  4. Section 2(5) of Code of Civil Procedure


Answer: Option B


  6. Basis of distribution of the jurisdiction of Indian Courts is

  1. Pecuniary jurisdiction

  2. Territorial jurisdiction

  3. Subject-matter jurisdiction

  4. All the above


Answer: Option D


  7. After withdrawal of the suit, a plaintiff

  1. Can institute a fresh suit in respect of the same subject matter

  2. Can institute a fresh suit in respect of the same subject matter only with the leave of the Court

  3. Can institute a fresh suit in respect of the same subject matter only with the leave of the High Court

  4. Cannot institute a fresh suit in respect of the same subject matter, unless

liberty is given at the time of withdrawal of the suit


Answer: Option D


  8. If a sole defendant in a suit dies and no application for bringing on record, the legal representatives of the deceased defendant has been moved

  1. The proceedings shall be terminated immediately

  2. The proceedings shall be terminated on the expiry of 90 days from the date of death of the defendant

  3. The proceedings shall not terminate

  4. The court can appoint an administrator of the defendant and continue the proceedings


Answer: Option B


  9. "Judgment" means

  1. Part of the decree

  2. Statement of the Judges on the grounds of decree or order

  3. Adjudication of right

  4. None of the above


Answer: Option B


  10.

Issues are framed under:

  1. Order 14

  2. Order 41

  3. Order 21

  4. All of them


Answer: Option A


Where a suit of the plaintiff is dismissed under Order IX, Rule 5 of

Code of Civil Procedure, a fresh suit on the same cause of action is

  1. Barred under Order IX, Rule 9 of Code of Civil Procedure

  2. Not barred under Order IX, Rule 9 of Code of Civil Procedure

  3. Barred under Order IX, Rule 5(2) of Code of Civil Procedure

  4. Not barred under Order IX, Rule 5 of Code of Civil Procedure


Answer: Option D


  12.

Under Section 26 of the Civil Procedure Code, 1908, in every plaint, facts should be proved by

  1. Affidavit

  2. Oral evidence

  3. Document

  4. Examination of plaintiff


Answer: Option A


  13.

Section 10 of Code of Civil Procedure does not apply

  1. When the previous suit is pending in the same court

  2. When the previous suit is pending in a foreign court

  3. When the previous suit is pending in any other court of India

  4. When the previous suit is pending in a court outside India established by the Central Government


Answer: Option B


  14.

Judgment under section 2(9) means

  1. A decree

  2. Dismissal of an appeal summarily

  3. Statement of grounds of an order or decree

  4. All the above


Answer: Option C


  15.

Power to amend the issue or frame additional issues prior to passing of a decree vests in a Court by virtue of which provision of the Code of Civil Procedure, 1908?

  1. Order XIV Rule 1

  2. Order XIV Rule 5

  3. Order XIV Rule 6

  4. Section 151


Answer: Option B


  16.

The principles governing execution of decree and orders in Code of Civil Procedure are dealt within:

  1. Section 36 to 74 (substantive law) and Order 21 (procedural provisions)

  2. Section 36 to 74 (procedural provisions) and Order 21 (substantive law)

  3. Section 148A

  4. Section 148 to 153B


Answer: Option A


  17.

Mark the incorrect statement in context of a representative suit:

  1. If the person suing or defending does not proceed with due diligence, the court can substitute in his place any person having the same interest in the suit

  2. The suit can be withdrawn, compromised or abandoned by the plaintiff after notice to all the persons interested

  3. Any decree passed in such a suit is binding on all the persons interested

  4. Res judicata is not applicable to such a suit


Answer: Option D


  18.

In a suit for money a decree is passed by consent whereby the defendant is directed to pay to the plaintiff Rs.

35,000. It is further declared by the decree that the plaintiff should have a first charge on certain immovable property belonging to the defendant. Is the plaintiff entitled to have the property sold in execution of the decree without institution a regular suit for sale on the charge?

  1. Yes, because there being no mortgage or charge prior to the decree, the decree cannot be said to have been obtained 'for the payment of money in satisfaction of a claim arising under the mortgage' within the meaning of O. 34 r 14

  2. No, because there being no mortgage or charge prior to the decree, the decree can be said to have been obtained 'for the payment of money in satisfaction of a claim arising under the mortgage' within the meaning of O. 34 r 14

  3. The immovable property must have been made security for the payment of the money before the decree was obtained, otherwise the provision of this rule do not apply

  4. None of these


Answer: Option A


  19.

Which of the followings is a leading case on the exclusion of the jurisdiction of Civil Courts?

  1. Dhulabhai v. State of Madhya Pradesh

  2. Gundaji v. Ramchandra

  3. Noor Mohd. Khan v. Fakirappa

  4. All of the above


Answer: Option A


  20.

"Recording of evidence can be done with the help of electronic media, audio or audio visual", which was affirmed by the Supreme Court in case of Salem Advocate Bar Association, Tamil Nadu v. Union of India pertains to the year

A. 2001

B. 2002

C. 2003

D. 2004


Answer: Option C


  . On abatement of suit, under Order 22, Rule 9 of Code of Civil Procedure:

  1. A fresh suit on the same cause of action can be brought as a matter of right

  2. A fresh suit on the same cause of action can be brought only with the permission of the Court

  3. A fresh suit on the same cause of action is barred

  4. None of the above


Answer: Option C


  22.

An application for review of an order or a decree can be made

  1. To the appellate court

  2. By an advocate for a party

  3. By a Sessions Judge

  4. To the Court that made the order or passed the decree


Answer: Option D


  23.

The courts of small causes under Section 3 of the Civil Procedure Code, 1908 is subordinate to which of the following?

  1. High Court only

  2. District Court only

  3. Neither A nor B

  4. Both A and B


Answer: Option D


  24.

Under which provision of Civil Procedure Code, a Supreme Court can transfer a case?

  1. Section 25 Code of Civil Procedure

  2. Section 20 Code of Civil Procedure

  3. Section 12 Code of Civil Procedure

  4. Section 15 Code of Civil Procedure


Answer: Option A


  25.

Order XVIII, Rule 4(1) of Code of Civil Procedure, the examination in chief of a witness shall be recorded

  1. By the Judge

  2. By the Commissioner appointed by the court

  3. On affidavit

  4. All of the above


Answer: Option C

26.

A "Garneeshe order" under Civil Procedure Code, 1908 is issued to

  1. Judgment debtor

  2. Judgment debtor's creditor

  3. Decree holder

  4. Judgment debtor's debtor


Answer: Option D


  27.

Which of the following conditions must to be fulfilled if the appellate or revisional court is to entertain an objection to the territorial jurisdiction of the trial court?

  1. The objection was taken in the trial court

  2. It was taken at the earliest opportunity and where issues have been framed, it was taken before the issues were framed

  3. Trial in the wrong court has occasioned failure of justice

  4. All of these


Answer: Option D


  28.

In a civil suit in case the sole defendant does not file the written statement within the stipulated time as per order VIII of the Code of Civil Procedure 1908 and the delay in filing the written statement is not condoned, the court shall:

  1. Decree the suit in favour of the plaintiff then and there

  2. Proceed ex-parte against the defendant

  3. Stuck the defence of the defendant and proceed further for adjudication of the case

  4. Give one more opportunity to the defendant in the interest of justice


Answer: Option B


  29.

A suit under Order XXXVII cannot be filed on the basis of

  1. An enactment

  2. A guarantee

  3. Both A and B

  4. Neither A nor B


Answer: Option C


  30.

Under section 115 of Code of Civil Procedure, the revisional jurisdiction is with

  1. The High Court

  2. The court of the District Judge

  3. The court of small causes

  4. All the above


Answer: Option A

Who is not entitled to apply under Rule 90 of Order 21, the Code of Civil Procedure, for set aside sale of immovable property in execution of decree?

  1. The decree-holder

  2. The auction-purchaser

  3. Judgment debtor

  4. None of the above


Answer: Option D


  32.

Which one of the following Orders of Civil Procedure Code, 1908 is related to issuing of Commission?

  1. Order 24

  2. Order 26

  3. Order 25

  4. Order 27


Answer: Option B


  33.

Section 21 of the Code of Civil Procedure deals with . . . . . . . .

  1. Pecuniary and Territorial jurisdiction

  2. Subject matter and personal jurisdiction

  3. Personal and admiralty jurisdiction

  4. Probate and summary jurisdiction


Answer: Option A


  34.

Under section 148 of Code of Civil Procedure, the Court can enlarge the time not exceeding in total-

  1. 90 days

  2. 60 days

  3. 45 days

  4. 30 days


Answer: Option D


  35.

A' supplies goods from Delhi to 'B' at Mumbai under a contract which provides "Courts in Mumbai would have jurisdiction to deal with disputes arising out of this agreement." 'A' sues 'B' in a Court at Delhi for the outstanding balance.

  1. The Court would not admit the Plaint owing to the jurisdiction clause in the contract

  2. The suit would be admitted and only if 'B' raises an objection to jurisdiction at Delhi would the Court determine the same

  3. B' can prefer an appeal against the order of admission of the suit in the court at Delhi

  4. B' can approach the Delhi High Court for transfer under section 24 Code of Civil Procedure


Answer: Option B


  36.

Order VII, Rule 10 of Civil Procedure Code provide for

  1. Return of Plaint

  2. Rejection of Plaint

  3. Admission of Plaint

  4. Both A and B above


Answer: Option A


  37.

A, a Hindu, claiming as the heir of his uncle, sues the executors of his uncle's widow for property left by the widow, alleging that the same belonged to the estate of his uncle, and that the widow had no power to dispose it off by will. The court holds that the widow had power to do away the property under the will.

  1. A will not be allowed to amend the paint by adding that even if the widow had the power to dispose of the property by her will

  2. A was entitled to the residue as his uncle's heir as the same was left to charitable objects of an unspecified and general character, and could not, therefore, be legally applied to charity

  3. Both A and B

  4. None of these


Answer: Option C


  38.

A receiver can be appointed

  1. During the pendency of proceedings

  2. After the termination of proceedings

  3. Both A and B

  4. Either A or B


Answer: Option A


  39.

Whether an issue heard and finally decided by a competent court of limited jurisdiction shall operate as res judicata in a subsequent suit, that the aforesaid court was not competent of try:

  1. No

  2. Yes

  3. Answer would depend upon the nature of the issue

  4. None of the above


Answer: Option B


  40.

Which of the following deals with the decree against plaintiff by default bars fresh suit in the Code of Civil Procedure?

  1. Order 5, Rule 30

  2. Order 4, Rule 13

  3. Order 9, Rule 9

  4. Order 10, Rule 22


Answer: Option C

Say which of the following suits are excepted from the cognizance of the Provincial Small Cause Courts

  1. A suit to obtain injunction

  2. A suit to restrain waste

  3. A suit for specific performance of a contract

  4. A suit for recovery of rent other than house rent

Answer: Option D


  42.

Adjournment can be granted

  1. Under Order XVII, Rule 3 of Code of Civil Procedure

  2. Under Order XVII, Rule 2 of Code of Civil Procedure

  3. Under Order XVII, Rule 1 of Code of Civil Procedure

  4. Under Order XVII, Rule 1(2) of Code of Civil Procedure


Answer: Option C


  43.

Section 18 of the Civil Procedure Code provides for

  1. Place of institution of suit in respect of immovable property where the property is situated in the jurisdiction of one court

  2. Place of instruction of suit in respect of immovable property where the property is situated in the jurisdiction of different courts

  3. Place of institution of suits in respect of immovable property where the local limits of jurisdiction of courts are uncertain

  4. All the above


Answer: Option C


  44.

By whom can the transfer of suit or proceedings from one state to other state be ordered?

  1. Central Government

  2. Supreme Court

  3. High Court

  4. Parliament

Answer: Option B


  45.

Public nuisance within the meaning of section 91 of Code of Civil Procedure is

  1. Nuisance in law

  2. Nuisance in fact

  3. Both A and B

  4. Either A or B


Answer: Option B


  46.

Under Order XI, Rule 21, for the non- compliance with an order of discovery by the defendan

  1. The suit of the plaintiff is liable to be decreed

  2. The defence of the defendant is liable to be struck-off

  3. The defendant is liable to be proceeded against ex-parte

  4. Either A or B or C


Answer: Option B


  47.

A' and 'B' sue 'C' for Rs. 1000

  1. C' cannot set off a debt due to him from 'A' alone

  2. C' can set off debt due to him from 'A' alone as a matter of right

  3. C' can set off debt due to him from 'A' alone with prior permission of the Court

  4. None of the above


Answer: Option A


  48.

The words 'record of suit' contemplate and includes documents:

  1. Which have been exhibited as evidence in the case

  2. Which have been filed along with the plaint

  3. Which have been produced under O. 13

  4. All of these


Answer: Option D


  49.

A preliminary decree from partition is only a declaration of the rights of the parties and the shares they have in the joint family or coparcenary property. The final decree should specify the division by metes and bounds and it needs to be engrossed on stamp paper. In which of the following cases it was so upheld?

  1. Phoolchand v. Gopal Lal

  2. Shanker Balwant Lokhande v. Chanderkant Shankar Lokhande

  3. Kedar Nath v. Dwarika Nath

  4. None of these


Answer: Option B


  50.

Under Order VI, Rule 17 of Code of Civil Procedure, the amendment of the pleading may be allowed

  1. As may be necessary for determining the real controversy between the parties

  2. As to introduce an entirely new and inconsistent case

  3. As to take away a right of the defendant which has accrued to him by lapse of time

  4. As to withdraw the admission made


Answer: Option A

1. For instituting a suit against the government, notice should be given before

  1. Two months

  2. Three months

  3. One month

  4. Six months


Answer: Option A


  52.

A decision on an issue of law operates as res judicata

  1. If the cause of action in the subsequent suit is the same as in the former suit, only when the decision on the point of law is correct

  2. If the cause of action in the subsequent suit is the same as in the former suit, even though the decision on the point of law is erroneous

  3. If the cause of action in the subsequent suit is different from that in the former suit, when the decision on the point of law is correct

  4. None of the above


Answer: Option B


  53.

Which one of the following properties is liable to attachment and sale in the execution of a decree?

  1. Right to future maintenance

  2. A promissory note

  3. Books of account

  4. A right of personal service


Answer: Option B


  54.

In execution of a decree obtained by A against, B, certain property belonging

to B is attached. During the pendency of the attachment, B mortgages the property to C. The property is then sold in execution of the decree and purchased by D.

  1. Here, the mortgage having been made contrary to the attachment is void as against A's claim, and D is not entitled to take the property free from the mortgage created by B

  2. Here, the mortgage having been made contrary to the attachment is not void as against A's claim, and D is not entitled to take the property free from the mortgage created by B

  3. Here, the mortgage having been made contrary to the attachment is void as against A's claim, and D is entitled to take the property free from the mortgage created by B

  4. None of these


Answer: Option C


  55.

In which of the following cases would an application lie to the High Court?

  1. In which of the following cases would an application lie to the High Court?

  2. Where the several Courts having jurisdiction are subordinate to the same appellate Court

  3. Where the several Courts having jurisdiction are subordinate to different High Courts

  4. Where the several Courts having jurisdiction are subordinate to different appellate but to the same High Court


Answer: Option D


  56.

As provided under Order 8 Rule 1 of Code of Civil Procedure, the defendant

shall present a written statement of his defence within . . . . . . . .

  1. One month from the date of service of summons on him

  2. Thirty days from the date of issuance of summons

  3. Thirty days from the date of service of summons on him

  4. Sixty days from the date of service of summons on him


Answer: Option C


  57.

Pleading can be amended under Code of Civil Procedure

  1. Order 6 Rule 18A

  2. Order 6 Rule 18A

  3. Order 6 Rule 16

  4. Order 6 Rule 17


Answer: Option D


  58.

In a written statement, a defendant can claim

  1. Set-off

  2. Counter-claim

  3. Both A and B

  4. Either A or B


Answer: Option C


  59.

As regards res-judicata, it has been stated that the right of an individual is to be protected from multiplication of suits and prosecution at the instance of an opponent whose superior resources and power unless curbed, may render futile judicially declared right and innocence, by

  1. Spences Bower

  2. Lord Denning

  3. Salmond

  4. Black Stone


Answer: Option A


  60.

Which of the following deals with implied contract or relation in the Code of Civil Procedure?

  1. Order 6, Rule 12

  2. Order 9, Rule 8

  3. Order 7, Rule 10

  4. Order 10, Rule 22


Answer: Option A


Under section 96 of the Code of Civil Procedure an appeal can lie against the A.

Preliminary decree B.

Original decree C.

Secondary decree D.

None of the above


Answer: Option B 62.

Issues must be confined to:

A.

Facta Probanda B.

Facta Probantia C.

Both A and B D.

Oral Examination


Answer: Option A 63.

The provisions of amended Order VI, Rule 17 of Code of Civil Procedure do not apply A.

To the pleadings which were filed before the commencement of the Amendment Acts of 1999 and 2002

B.

To the pleadings which have been filed after the commencement of the Amendment Acts of 1999 and 2002

C.

To the pleadings which were filed/completed either before or after the commencement of the Amendment Acts of 1999 and 2002

D.

Either B or C


Answer: Option A 64.

Plea of res judicata A.

Has to be specifically raised B.

Need not be specifically raised C.

Is for the Court to see of its own D.

None of the above


Answer: Option A 65.

In a suit for permanent injunction against a defendant company, the Plaintiff sought an interim injunction restraining the defendant from prosecution the suit in a foreign court,

A.

Temporary injunction can be granted restraining the foreign court from proceeding with the suit

B.

A temporary injunction restraining the foreign court can be granted if there is a prior pending suit in India, irrespective of where the defendant residers or carries on business

C.

A temporary injunction restraining the defendant from prosecuting the foreign

suit can be granted if the defendant is amenable to the jurisdiction of the court D.

All these


Answer: Option C 66.

Which provision of the Code of Civil Procedure 1908 deals with appeal from original decree?

A.

Section 90 B.

Section 96 C.

Section 82 D.

Section 98


Answer: Option B 67.

If a defendant is sued for slander, the only way to meet the plaintiffs claim is to plead:

A.

That the words in questions were not spoken and published

B.

That they were spoken and published are true

C.

That they were spoken and published and are privileged

D.

All of these


Answer: Option D

  1. Under Section 151 of Civil Procedure Code, inherent powers can be exercised by the

A.Supreme Court B.High Court C.District Court D.Any Court


Answer: Option D

  1. For getting the clerical or arithmetical mistakes in judgment etc, corrected, the application

  1. Shall be made within 30 days

  2. Shall be made within 60 days

  3. Shall be made within 90 days

  4. Can be made at any time and no limitation period has been prescribed


Answer: Option D 70.

In a suit for recovery of Rs. 25 lakh, the Defendant files its written statement and pleads that it does not owe any money to the Plaintiff but in fact, it is entitled to recover the sum of Rs. 40 lakh from the Plaintiff. The Defendant, however, does not file a counter claim. Can the Defendant file the counter claim at a subsequent stage in the suit or file a fresh suit seeking recovery of Rs, 40 lakhs?

A.

The counter claim and suit would be barred

B.

Only the counter claim would be barred C.

The Defendant can file both either a counter claim or a suit

D.

The Defendant's claim stands abandoned Answer: Option C

Suits under section 20 of Code of Civil Procedure can be instituted where the cause of action arises

  1. Wholly

  2. Partly

  3. Either wholly or in part

  4. Only A and not B or C


Answer: Option C


  72.

In which of the following cases the Supreme Court held that "Non- payment of costs does not entail dismissal of suit."

  1. Suman v. State, AIR 2010 SC 518

  2. Manohar Singh v. D. S. Sharma, AIR 2010 SC 508

  3. Union of India v. Deepak Kumar, AIR 2010 SC 462

  4. State of Maharashtra v. Prakas Prahallad Patil, AIR 2010 SC 463


Answer: Option B


  73.

What does Section 80 Code of Civil Procedure deal with?

  1. Foreign Judgement

  2. Injunction

  3. Requirement of notice for institution of suit against Government

  4. Award of cost


Answer: Option C


  74.

Under Order IX, Rule 7 of the Code of Civil Procedure, an application can be made:

  1. Any time during the pendency of the suit

  2. At any time on or before the next date of hearing

  3. Within 60 days of the Order

  4. Within 90 days of the Order


Answer: Option B


  75.

Review is maintainable

  1. When an appeal is provided, but no appeal preferred

  2. When no appeal is provided

  3. Both A and B

  4. Neither A nor B


Answer: Option C


  76.

Under Section 32 of Code of Civil Procedure, to compel the attendance of a person to whom a summon has been issued under Section 30 of Code of Civil Procedure, the Court is empowered to

  1. Issue a warrant for his arrest

  2. Attach and sell his property

  3. Impose a fine not exceeding Rs. 5,000

  4. Either A or B or C


Answer: Option D


  77.

Under Section 100 of Civil Procedure Code, 1908, "Second appeal" lies to the High Court only on the ground of

  1. Question fact

  2. Substantial question of law

  3. Both on question of fact and law

  4. Mixed question of law and fact


Answer: Option B


  78.

In case the application for permission to sue as pauper is rejected, the suit is deemed to haven instituted, under Order 33, Rule 15A of Code of Civil Procedure:

  1. On the date on which the permission to sue as pauper refused

  2. On the date on which the court fee is paid

  3. On the date on which the application for permission to sue as pauper was presented

  4. Either A or B or C as directed by the court


Answer: Option C


  79.

Res judicata may operate between

  1. A plaintiff and a defendant

  2. Co-plaintiffs

  3. Co-defendants

  4. All of the above


Answer: Option D


  80.

Who is guardian at litem?

  1. A person appointed by the Court to take legal action on behalf of a minor

  2. Guardian of the child

  3. Step father of the child

  4. None of the above


Answer: Option A


Who is garnishee

  1. A third party who is instructed by way of legal notice to surrender money to settle a debt or claim

  2. A borrower arrested for defaulting

  3. A person who cannot repay a bank loan

  4. A person who mortgaged his farm land


Answer: Option A


  82.

In the execution of a decree for the maintenance, salary of a person can be attached to the extent of

  1. 1/4th

  2. 1/3rd

  3. 2/3rd

  4. 1/2th


Answer: Option B


  83.

Judge' is defined as the presiding officer of a Civil Court under . . . . . . . .

of the Code of Civil Procedure, 1908

  1. Section 2(8)

  2. Section 2(4)

  3. Section 2(5)

  4. Section 2(2)


Answer: Option A


  84.

If a party to a suit who has obtained an order to amend its pleadings fails to amend accordingly,

  1. If the party is the plaintiff, the suit has to be dismissed and if the party is the defendant the written statement is to be taken off the record

  2. The right to amend has to be closed

  3. The right to lead evidence in support of the amendment has to be closed

  4. The right to amend has to be closed but that party can file another application seeking that amendment


Answer: Option B


  85.

For instituting a suit against the Government or against a Public Officer in official capacity, the notice period under Section 80 of Code of Civil Procedure is

  1. 3 months

  2. 2 months

  3. 1 month

  4. 15 days


Answer: Option B


  86.

Which one of the following Sections of the Code of Civil Procedure provides exemption of certain women from personal appearance in the court?

  1. Section 133

  2. Section 135

  3. Section 135A

  4. Section 132


Answer: Option D


  87.

Match List-I with List-II and select the correct answer:


List I

List II (Sections of Code of Civil Procedure)

a. Inter- pleader Suit

1. Section 46

b. Letter of Request

2. Section 88

c. Precepts

3. Section 30

d. Power to order discovery


4. Section 77

A. a-4, b-3, c-1, d-2

B. a-2, b-4, c-1, d-3

C. a-3, b-2, c-4, d-1

D. a-2, b-1, c-3, d-4


Answer: Option B

88.

Under Section 89, where it appears to the Court that there exists element of a settlement acceptable to the parties, the court is required to formulate the terms of settlement and refer the same for (mark the incorrect)

  1. Appellate Court for consideration

  2. Arbitration

  3. Conciliation

  4. Judicial settlement including settlement through Lok Adalat or mediation


Answer: Option A


  89.

Which of the following deals with the procedure in appeals from appellate decrees and orders in the Code of Civil Procedure?

  1. Section 108

  2. Section 103

  3. Section 104

  4. Section 100


Answer: Option A


  90.

Which of the following deals with the modes of paying money under decree in the Code of Civil Procedure?

  1. Order 12, Rule 5

  2. Order 21, Rule 1

  3. Order 19, Rule 21

  4. Order 11, Rule 7


Answer: Option B


In suits by or against a corporation, under Order XXIX, Rule 1 of Code of Civil Procedure, pleadings must be signed and verified by

  1. The secretary

  2. Any director

  3. Other principal officer able to depose

  4. Either A or B or C


Answer: Option D


  92.

The provision relating to temporary injunction are provided:

  1. Under Order 37

  2. Under Order 38

  3. Under Order 39

  4. Under Order 40


Answer: Option C


  93.

If a plaintiff succeeds in the suit permitted to be instituted as pauper, under Order XXXIII, Rule 10 of Code of Civil Procedure, the fee payable on the plaint shall be recoverable from

  1. The plaintiff

  2. The defendant

  3. Any party ordered by the decree to pay the same

  4. Only plaintiff and none else


Answer: Option C


  94.

Under which provision of Code of Civil Procedure, execution of decree for specific performance for restitution of conjugal rights or for an injunction is provided:

  1. Order XXI Rule 30

  2. Order XXI Rule 31

  3. Order XXI Rule 32

  4. Order XXI Rule 34

Answer: Option C


  95.

If a document, which ought to be produced in the Court along with the pleadings, is not produced, under Order VII, Rule 14(3) of Code of Civil Procedure at the hearing of the suit

  1. The same shall not be received in evidence on behalf of the plaintiff

  2. The same shall not be received in evidence on behalf of the defendant

  3. The same shall not be received in evidence on behalf of third party

  4. None of the above


Answer: Option A


  96.

Decree shall be deemed to include the rejection of a plaint and the determination of any question within Section 144 of Code of Civil Procedure-

  1. Wrong

  2. Right

  3. It includes rejection of plaint but does not includes the determination of any question within Section 144 of Code of Civil Procedure

  4. It includes determination of any question within Section 144 but shall not include the rejection of a plaint


Answer: Option B


  97.

The provision of Specific denial is provided

  1. In Rule 2 and 4 of Order 8 of Code of Civil Procedure

  2. In Rule 1 and 6 of Order 8 of Code of Civil Procedure

  3. In Rule 3 and 5 of Order 8 of Code of Civil Procedure

  4. In Rule 7 and 9 of Order 8 of Code of Civil Procedure


Answer: Option C


  98.

A suit instituted by a minor or a lunatic without a next friend, under Order XXXII, Rule 2 of Code of Civil Procedure, the same is liable to be

  1. Struck of

  2. Stayed

  3. Proceeded with in ordinary course

  4. Proceeded with if the defendant consents


Answer: Option A


  99.

Foreign Judgement is defined in Code of Civil Procedure

  1. Under Section 2(6) of Code of Civil Procedure

  2. Under Section 2(7) of Code of Civil Procedure

  3. Under Section 2(8) of Code of Civil Procedure

  4. None of the above


Answer: Option A


  100.

Under Order XI, Rule 21, for the non- compliance with an order for discovery etc.

  1. Suit is liable to be dismissed if the plaintiff fails to comply with the order

  2. Suit is liable to be stayed till the plaintiff complies with the order

  3. Suit is liable to be adjourned sine-die

  4. Either A or B or C


Answer: Option A



In which of the following suits, the Code of Civil Procedure provides for passing of preliminary decree?

  1. Suits for pre-emption

  2. Suits for possession and mesne profits

  3. Administration suits

  4. All of the above


Answer: Option D


  2. First hearing means:

  1. The hearing of a suit for settlement of issues

  2. The hearing of any adjournment thereof

  3. Both A and B

  4. None of these


Answer: Option C


  3. The object of section 5 of the Code of Civil Procedure is:

  1. Its application to all matters on which the special or local court is silent

  2. To preserve the summary character of rent litigation under the local laws

  3. Either A or B

  4. None of these


Answer: Option B


  4. The words 'any court exercising original jurisdiction' under section 96 of the Code of Civil Procedure has to be read to mean that:

  1. If the original jurisdiction has been exercised by any court, the decree passed shall be deemed to be a decree by against the court exercising original jurisdiction

  2. If the original jurisdiction has been exercised by any court, the decree passed shall be deemed to be void by a court exercising original jurisdiction

  3. If the original jurisdiction has been exercised by any court, the decree passed shall be deemed to be a decree by a court exercising original jurisdiction

  4. None of these


Answer: Option C


  5. Under the provisions of Code of Civil Procedure, no second appeal lies in a suit for recovery of money not exceeding

A. Rs. 25,000

B. Rs. 50,000

C. Rs. 1,00,000

D. Rs. 2,00,000


Answer: Option A


  6. A decree for recovery of money is executable by detention of the judgment debtor in civil prison:

  1. If the judgment debtor has failed to comply with the decree within 90 days of passing thereof

  2. If the judgment debtor, despite having means to satisfy the decree has arranged his affairs in such a manner as to defeat and delay the execution of the decree

  3. If the judgment debtor is likely to abscond or leave the local limits of jurisdiction of the Court

  4. If the judgment debtor, despite notice of execution has failed to comply with the decree


Answer: Option B


  7. Under Civil Procedure Code, which of following is not a decree?

  1. Dismissal of suit in default

  2. Rejection of a plaint

  3. Dismissal of suit in default and Rejection of a plaint Both

  4. None


Answer: Option A


  8. A foreign government

  1. Cannot be sued

  2. Can be sued without any restriction on the powers of civil courts

  3. Can be used with the restriction that the oral consent of the Central Government is communicated to the court

  4. Can be sued with the condition that the certificate of consent is issued by the secretary to the Central Government in writing


Answer: Option D


  9. Which of the following provisions of Code of Civil Procedure provides for adjudication of claims and objections to attachment of property?

  1. Order 21 Rule 59

  2. Order 21 Rule 58

  3. Order 21 Rule 57

  4. None of the above


Answer: Option B


  10.

Section 75 of Code of Civil Procedure deals with

  1. Power to issue summons

  2. Power to issue commission

  3. Right to appeal

  4. Res judicata


Answer: Option B


  1. Under Section 152 Code of Civil Procedure an order can be corrected by the court where there has been

  1. A clerical mistake

  2. An arithmetical mistake

  3. An error caused by an accidental slip or omission

  4. All these


Answer: Option D


  12.

Civil Procedure Code: A decree for restitution of conjugal right is executable

  1. By attachment of property or by detention in civil prison or by both

  2. By attachment of property

  3. By imprisonment

  4. By granting a decree for divorce


Answer: Option B


  13.

On which one of the following grounds under Civil Procedure Code, 1908 a warrant of arrest against a "judgment debtor" may be cancelled by the Court?

  1. Serious illness

  2. Appearance in marriage of his son

  3. To cast vote in general elections

  4. None of the above


Answer: Option A


  14.

Which one of the following is not a suit relating to immovable property?

  1. Suit for recovery of immovable property

  2. Suit for partition of immovable property

  3. Suit for redemption of mortgaged property

  4. Suit for rent in respect of immovable property


Answer: Option D


  15.

Which of the following can be said to be 'judgement' as defined in Section 2(9) of the Code of Civil Procedure?

  1. An order

  2. A decree

  3. Statement on grounds of an order or decree

  4. All of the above


Answer: Option C


  16.

Under Order XIII, Rule 1 of Code of Civil Procedure,

  1. That documentary evidence in original shall be admitted the copies of which have been filed alongwith the plaint or the written statement

  2. That documentary evidence in original shall be admitted the copies of which may not have been filed alongwith the plaint or the written statement

  3. That documentary evidence in original shall be admitted which was in possession of the parties through the copies of the same may not have been filed alongwith the plaint or the written statement

  4. All the above


Answer: Option A


  17.

In a representative suit, an agreement or compromise can be entered into Order XXIII, Rule 3B of Code of Civil Procedure

  1. As a general rule

  2. Without the leave of the court

  3. Only with the leave of the court

  4. Both A and B


Answer: Option C


  18.

The provisions of Order VIII, Rule 1 of Code of Civil Procedure are

  1. Directory being procedural

  2. Mandatory though procedural

  3. Optional under all circumstances

  4. Discretionary under all circumstances


Answer: Option A


  19.

Framing of the issues is the

  1. Duties of the parties

  2. Duties of Advocates of parties

  3. Duty of the Court

  4. Duty of the Government Advocate


Answer: Option C


  20.

What is the meaning of principle of quia timet in the context of law of injunction?

  1. Some future probable injury to the right or interests of a person

  2. Some past injury to the right or interest of a person

  3. Some injury incapable of being estimated in money

  4. Some injury capable of being estimated in money

  5. None of these


Answer: Option A


  1. Save as provided by the Provincial Small Cause Courts Act a decree or order made under the provisions of the said Act shall be

  1. Appealable

  2. Reviewed

  3. Final

  4. No decree or order


Answer: Option A


  22.

A deposits a box of gold coins with B as his agent. He then writes to C for the purpose of making the gold coins a security for a debt due from himself to C. A afterwards alleges that C's debt is satisfied and C alleges the contrary. Both claim the gold coins from B. B may institute an interpleader suit against

  1. A

  2. C

  3. None

  4. A and C


Answer: Option D


  23.

Order II, Rule 2 of Code of Civil Procedure does not apply to

  1. Application for execution

  2. Writ petitions

  3. Both A and B

  4. None of the above


Answer: Option C


  24.

Where the suit is dismissed under rule 2 or 3 of order 9 Code of Civil Procedure, the plaintiff?

  1. May bring a fresh suit subject to Law of Limitation

  2. Cannot bring a fresh suit

  3. May bring a fresh suit with the leave of High Court

  4. May bring a fresh suit with the leave of District Judge


Answer: Option A


  25.

Court in which suits to be instituted comes under which of the following in the Code of Civil Procedure?

  1. Section 11

  2. Section 12

  3. Section 15

  4. Section 16


Answer: Option C


  26.

A suit relating to immovable property shall be instituted at a place:

  1. Where the defendant resides

  2. Where the property situated

  3. Where the plaintiff resides

  4. None of the above


Answer: Option B


  27.

Which of the following deals with the procedure in case of non-attendance of one or more of served defendants in the Code of Civil Procedure?

  1. Order 9, Rule 11

  2. Order 4, Rule 13

  3. Order 6, Rule 10

  4. Order 10, Rule 22


Answer: Option A


  28.

Execution of a decree can be applied for

  1. Against the judgment debtor personally

  2. In case of the judgment debtor being dead, against the legal representatives of the judgment debtor

  3. Against the person whom the court directs

  4. Both A and B


Answer: Option D


  29.

An ex-parte decree passed under Order XXXVII of Code of Civil Procedure can be set aside under Order XXXVII, Rule 4

  1. Under special circumstances

  2. On showing sufficient cause as contemplated under Order IX, Rule 13 of Code of Civil Procedure

  3. Under general circumstances

  4. Either A or B or C


Answer: Option A


  30.

In a contractual dispute between two parties A and B, A files a suit in New Delhi where the cause of action arose. Two days later, B files a suit in the

same matter in Mumbai, where A is resident. The pendency of the first suit is not brought to the notice of the court in Mumbai. The court pronounces judgement in second suit before the first suit is decided. Would such decision operate as a bar on the court in New Delhi to try the suit any further?

  1. Yes, the principle of res judicata will apply

  2. No, the principle of res judicata only applies against 'former suits.' In this case, the suit in Mumbai was filed subsequent to the suit in Delhi and is therefore not a 'former suit.'

  3. No, because the parties did not disclose the pendency of the previous suit to the Court in Mumbai

  4. No, because the plaintiff in the first suit is not the plaintiff in the second suit


Answer: Option A


  . A sued to recover a house from B and certain lands from C. The suit was decreed ex parte against both defendants. B applied to set aside the ex parte decree and having settled the dispute with A applied to withdraw

his petition. C then applied to be transposed as petitioner.

  1. C should have filed his own petition to set aside the ex parte decree

  2. C is needed to file his own petition to aside as the ex parte decree

  3. Claims against the two defendants are distinct

  4. Both A and C


Answer: Option A


  32.

A' and 'B' sue 'C' for recovery of Rs. 1,000. 'C' has a debt due to him by 'A' alone. Here 'C' can

  1. Set off the debt against 'B'

  2. Set off the debt against 'A'

  3. Set off the debt against 'A' and 'B' both

  4. Cannot set off a debt due to him by 'A' alone


Answer: Option D


  33.

Which of the following Sections, the provision has been made for settlement of disputes outside the Court through 'arbitration', 'conciliation', 'mediation' and 'Iok adalats' by the Code of Civil Procedure (Amendment) Act, 1999?

  1. Section 87

  2. Section 88

  3. Section 89

  4. Section 90


Answer: Option C


  34.

Section 15 of Code of Civil Procedure lays down

  1. A rule of procedure

  2. A rule of jurisdiction

  3. A rule of evidence

  4. All the above


Answer: Option A


  35.

Under which Section of the Civil Procedure Code "Pecuniary Jurisdiction" of the Court has been provided?

  1. Section 3

  2. Section 4

  3. Section 5

  4. Section 6


Answer: Option D


  36.

Judgment - debtor means?

  1. Borrower of a bank

  2. Defendant

  3. Person against whom a decree is passed

  4. None of the above


Answer: Option C


  37.

One person may sue or defend on behalf of all in same interest under which of the following in the Code of Civil Procedure?

  1. Order 1, Rule 8

  2. Order 5, Rule 2

  3. Order 3, Rule 3

  4. Order 4, Rule 8


Answer: Option A


  38.

Where party dies after conclusion of the hearing and before pronouncing of judgement

  1. The suit shall abate

  2. The suit shall not abate

  3. The suit shall not abate if cause of action survives

  4. It will be deemed that judgment has been pronounced before death of the party


Answer: Option B


  39.

Consider the following statement(s).

  1. A defendant may set up, by way of a counter-claim against the claim of the plaintiff any right or claim in respect of the cause of action accruing to him.

  2. The counter-claim may be submitted by the defendant even after he has delivered his defence.

  3. The counter-claim shall not exceed the pecuniary jurisdiction of the court. Which of the statements given above are correct?

  1. 1 and 2

  2. 1 and 3

  3. 2 and 3

  4. All these


Answer: Option B

Answer: Option D


  42.

Mark the correct statement:

  1. The questions which are put only to test the credibility of a person will not be allowed as interrogatories, although they may be asked in cross-examination

  2. Interrogatories can be administered only to a party to a suit and not to a witness, whereas cross-examination can be of any person, parties and witness alike

  3. A party filing affidavit in reply to interrogatories can neither cross-examine nor adduce evidence to contradict it, as it is a conclusive proof

  4. All of the above


Answer: Option D



40.

Under Section 16 of Code of Civil Procedure, a suit relating to movable property can be filed in a court within whose local jurisdiction:

  1. The property in situate

  2. The defendant voluntarily resides or personally works for gain

  3. The defendant voluntarily resides or carries on business

  4. Either A or B or C

  5. None of these


Answer: Option A

Civil Procedure Code: Remedies available against an ex-parte decree include-

  1. Appeal

  2. Review

  3. Application for setting aside the decree

  4. All of these

43.

Which one of the following combination is mis-matched under Civil Procedure Code?

  1. Temporary Injunction ? Order 39

  2. Right to Lodge a Caveat ? Section 148A

  3. Suit by Pauper ? Order 33

  4. Powers of Appellate Court ? Section 102


Answer: Option D


  44.

In which proceedings rule 3, 4 and 8 of Order 22 of Code of Civil Procedure shall not apply:

  1. Civil Suit

  2. Civil Appeal

  3. Miscellaneous Appeal

  4. Execution of Decree


Answer: Option D

45.

Notice under Section 80 of Code of Civil Procedure is required, for filing a suit against:

  1. A Public Sector Undertaking and/or a Statutory Body

  2. A Company, 100% shares of which are held by the Government and/or against a Public Officer

  3. Both A and B

  4. Neither A nor B


Answer: Option D


  46.

The Plaint can be rejected if suit is barred by Limitation is provided under-

  1. Order 7 Rule 11(d) of Code of Civil Procedure

  2. Order 2 Rule 2 of Code of Civil Procedure

  3. Order 7 Rule 13 of Code of Civil Procedure

  4. Order 7 Rule 10 of Code of Civil Procedure


Answer: Option A


  47.

Under Section 51 of Code of Civil Procedure, which one is not a method to enforce execution of the decree?

  1. By appointing a receiver

  2. By sale without attachment

  3. By arrest and detention

  4. By appointing a commission


Answer: Option D


  48.

Under Order XIV, Rule 5 of Code of Civil Procedure

  1. Issues already framed can be amended

  2. Issue already framed can be struck off

  3. Additional issues can be framed

  4. All the above


Answer: Option D


  49.

Suit of indigent persons has been provided under

  1. Order 32 of Code of Civil Procedure

  2. Order 33 of Code of Civil Procedure

  3. Order 29 of Code of Civil Procedure

  4. Order 34 of Code of Civil Procedure


Answer: Option B


  50.

When, on the day to which the hearing of the suit is adjourned, the parties or any of them fail to appear

  1. Order XVII, Rule 2 of Code of Civil Procedure shall apply

  2. Order XVII, Rule 3 of Code of Civil Procedure shall apply

  3. Both Order XVII, Rule 2 and Order 17, Rule 3 of Code of Civil Procedure shall apply

  4. Neither Order XVII, Rule 2 of Code of Civil Procedure nor Order 17, Rule 3 of Code of Civil Procedure shall apply


Answer: Option A

  . A, B, C, D and E are jointly and severally liable for Rs. 1,000 under a decree obtained by F. A obtains a decree for Rs. 100 against F singly and applies for execution to the Court in which the joint decree is being executed.

  1. F may treat his joint-decree as a cross-decree O. 21 r. 18

  2. F cannot treat his joint-decree as a cross-decree O. 21 r. 18

  3. Either A or B

  4. None of these


Answer: Option A


  52.

In Code of Civil Procedure provision for out of court settlement of suits is made under

  1. Section 75

  2. Section 76

  3. Section 88

  4. Section 89


Answer: Option D


  53.

The court may compel the attendance of any person to whom a summons has been issued under Section 32 Code of Civil Procedure and for the purpose may impose a fine upon him not exceeding:

  1. Rs. five hundred

  2. Rs. one thousand

  3. Rs. three thousand

  4. Rs. five thousand


Answer: Option D


  54.

Under which Section of the Code of Civil Procedure "Inherent powers of the Court" has been provided?

  1. Section 151

  2. Section 141

  3. Section 152

  4. Section 153

Answer: Option A


  55.

In a case of one and the same decree, the attachment of salary can continue for a total period of

  1. 12 months

  2. 24 months

  3. 36 months

  4. 60 months


Answer: Option B


  56.

Section 144 of Code of Civil Procedure

  1. Confers a new substantive right

  2. Is exhaustive

  3. Is equitable in nature

  4. All the above


Answer: Option C


  57.

The proof and admissibility of the documents which are filed along with the affidavit, under Order XVIII, Rule 4(1) of Code of Civil Procedure shall

  1. Be subjected to the agreement between the parties

  2. Be subjected to the orders of the court

  3. Stand established

  4. Be conclusive


Answer: Option B


  58.

In case of breach of any of the terms on which temporary injunction was granted, the court may order

  1. The person in breach to be detained in civil prison for indefinite period but not after the breach has ceased

  2. Attachment of the property of the person in breach and, if the breach continues for more than one year, sell the attached property and award the entire sale proceeds to the injured party as compensation

  3. Both A and B are incorrect

  4. Both A and B are correct


Answer: Option C


  59.

Commission for local investigation can be issued

  1. Ex parte

  2. In the presence of both the parties

  3. Only after hearing all the parties

  4. Only A and B


Answer: Option D


  60.

Which of the following deals with the procedure where person to be arrested or property to be attached is outside district in the Code of Civil Procedure?

  1. Section 139

  2. Section 133

  3. Section 136

  4. Section 140


Answer: Option C


Doctrine of res-judicata as contained in section 11 of Code of Civil Procedure is based on the maxim

  1. Nemo debet bis vexari pro uno eteadem causa

  2. Interest republicaeut sit finis litium

  3. Both A and B

  4. Either A or B

Answer: Option C


  62.

Under which provision of the Code of Civil Procedure, 1908, the Collector may be appointed as receiver?

  1. Order XL Rule 5

  2. Order XLI Rule 1

  3. Order XL Rule 2

  4. Order XLI Rule 5


Answer: Option A


  63.

In which of the following orders there is a provision of temporary injunction?

  1. XXXII

  2. XXXIX

  3. XL

  4. XXXVII


Answer: Option B


  64.

Particulars of set-off to be given in written statements under which of the following in the Code of Civil Procedure?

  1. Order 5, Rule 30

  2. Order 8, Rule 6

  3. Order 6, Rule 10

  4. Order 10, Rule 22


Answer: Option B


  65.

Which of the following statements is correct?

The court which passed the decree may transfer it to another competent court if the

  1. Judgment debtor carries on business within the jurisdiction of the latter court

  2. Judgment debtor has no property within the jurisdiction of the former court sufficient to satisfy such decree but has property within the jurisdiction of the latter court

  3. Decree directs the sale of immovable property situated outside the local jurisdiction of the former court

  4. All these


Answer: Option D


  66.

The period of limitation within which defendant shall submit his written statement is ordinarily within:

  1. 60 days from service of summons

  2. Always 90 days from service of summons

  3. 30 days from service of summons or 90 days if allowed by the court

  4. 15 days from service of summons


Answer: Option C


  67.

Interlocutory order are issued by civil court:

  1. During pendency of civil proceedings

  2. To summon the person

  3. For execution of decree

  4. For attachment of property


Answer: Option A


  68.

Civil Procedure Code 1908 extends -

  1. To the whole of India except the state of Jammu and Kashmir

  2. To the whole of India except Nagaland and Manipur State

  3. To the whole of India except Nagaland and tribal areas

  4. To the whole of India except Jammu and Kashmir, Nagaland and tribal areas


Answer: Option D


  69.

Set-off can be of

  1. Ascertained sum of money

  2. An unascertained sum of money

  3. May be ascertained or may be unascertained

  4. Only B and not A


Answer: Option A


  70.

Principle of res judicata applies

  1. Between co-plaintiffs

  2. Between codefendants

  3. Both A and B

  4. Neither A nor B


Answer: Option C


A caveat lodged under section 148A(1) shall not remain in force after the expiry of:

  1. 30 days

  2. 45 days

  3. 60 days

  4. 90 days


Answer: Option D


  72.

The Court shall reject an application to sue as an indigent person:

  1. Where is contains the particulars required in regard to plaint

  2. Where it is presented to be court by the applicant in person

  3. Where applicant's allegation show a cause of action

  4. Where any other person has entered into an agreement with the applicant to finance the litigation


Answer: Option D


  73.

Under Order V, Rule 9A of Code of Civil Procedure, where the summons has been issued and delivered to the plaintiff for service on defendant(s) is refused unserved with the endorsement 'refused', the court

  1. Shall declare that the summons has been duly served on the defendant(s)

  2. May declare that the summons had been duly served on the defendant(s)

  3. Re-issue the summons to be served by the court

  4. Either B or C


  74.

Article of the constitution

enacts that the law declared by the supreme court shall be binding on all courts in India.

A. 140

B. 141

C. 142

D. 143


Answer: Option B


  75.

Which of the following deals with the framing of issues in the Code of Civil Procedure?

  1. Order 19, Rule 12

  2. Order 14, Rule 1

  3. Order 6, Rule 10

  4. Order 15, Rule 22


Answer: Option B

  76.

In India a decree of restitution of conjugal rights can be executed by

  1. Attachment of the property of respondent

  2. Arrest of the respondent

  3. Attachment of property and arrest of respondent, both

  4. Either attachment of property or by arrest of respondent and fine


Answer: Option A


  77.

The provisions relating to the summoning and attendance of witnesses are under:

  1. Order 16 of the Code of Civil Procedure

  2. Order 17 of the Code of Civil Procedure

  3. Order 18 of the Code of Civil Procedure

  4. Order 19 of the Code of Civil Procedure


Answer: Option A


  78.

In cases where there is no legal representative of a party to the suit, who died during the pendency of suit, under Order XXII, Rule 4A of Code of Civil Procedure

  1. The proceedings shall abate

  2. The proceedings shall continue

  3. The court shall appoint an administrator general to represent the estate of the deceased for the purposes of the proceedings and continue with the proceedings

  4. Only A and not B or C

Answer: Option C


  79.

An immovable property held by Y is situated at Bhopal and the wrongdoer personally works for gain at Indore A suit to obtain compensation for wrong to the property may be instituted:

  1. At Bhopal

  2. At Indore

  3. Either at Bhopal or at Indore

  4. None of these


Answer: Option C


  80.

Where a judgment debtor puts any resistance or obstruction to the decree holder in exemption of a decree for possession of immovable property, the judgment debtor is liable, under section 74 of Code of Civil Procedure, to be:

  1. Detained in the civil prison for a term which may extend to 60 days

  2. Detained in the civil prison for a term which may extend to 30 days

  3. Detained in the civil prison for a term which may extend to 15 days

  4. Detained in the civil prison for a term which may extend to 7 days


Answer: Option B


Which of the following deals with the Transferee of a decree in the Code of Civil Procedure?

  1. Section 46

  2. Section 50

  3. Section 49

  4. Section 43


Answer: Option C

82.

The principle enshrined in the Specific Relief Act qua injunctions are not applicable to temporary injunctions under Order XXXIX of the Code of Civil Procedure. The said statement is:

  1. Correct

  2. Not Correct

  3. Misleading

  4. Merely a belief


Answer: Option A


  83.

If the court finds that it has no pecuniary or territorial jurisdiction to try the suit, the proper order will be

  1. To suo-mota transfer the suit to the court having jurisdiction

  2. To dismiss the suit

  3. To return the plaint

  4. To return the plaint for presentation in proper court


Answer: Option D


  84.

A decree was passed by Court P. It was sent to Court Q for execution. Decree holder approached Court R and requested it to execute it. Court R appointed a receiver. It was challenged by the judgment-debtor in an appellate court. Will the appellate court agree with the judgment- debtor?

  1. Yes

  2. No

  3. Can't say

  4. None of the above


Answer: Option A


  85.

Where are the provisions relating to cases of indigent persons given in the Code of Civil Procedure?

  1. Order 33

  2. Order 32

  3. Order 55

  4. Section 89


Answer: Option A


  86.

In which of the following Sections of the Code of Civil Procedure provisions for suits relating to public charities is found?

  1. Sections 90-91

  2. Sections 92-93

  3. Sections 94-95

  4. Sections 96-100


Answer: Option B


  87.

Principle of Res-judicata does not apply to

  1. Suits

  2. Execution of decree

  3. Arbitration proceeding

  4. All the above


Answer: Option C


  88.

Which of the following landmark judgments of the Supreme Court deals with the applicability of res judicata in writ petitions?

  1. Satyadhan Ghosal v. Deorajin Debi

  2. Daryao v. State of Uttar Pradesh

  3. LIC v. India Automobiles & Co.

  4. None of the above


Answer: Option B

  89.

Provision relating to 'Precept' is provided in Civil Procedure Code under

  1. Section 40

  2. Section 44A

  3. Section 45

  4. Section 46


Answer: Option D


  90.

In which Section of the Civil Procedure Code provision relating to "Suit of a Civil nature" has been provided?

  1. Section 8

  2. Section 9

  3. Section 10

  4. Section 11


Answer: Option B


Pleader' is defined in the Code of Civil Procedure in

  1. Section 2(7)

  2. Section 2(15)

  3. Section 2(17)

  4. Section 2(11)


Answer: Option B


  92.

The provision in respect of summary procedure has been laid down under

  1. Order 37 of Code of Civil Procedure

  2. Order 36 of Code of Civil Procedure

  3. Order 38 of Code of Civil Procedure

  4. Order 40 of Code of Civil Procedure


Answer: Option A


  93.

Under Code of Civil Procedure an adjudication of a court which is not a decree, is:

  1. An Order

  2. A Summon

  3. A Rule

  4. A Judgment


Answer: Option A


  94.

When a decree is passed against the Union of India, execution of such decree shall not be issued unless it remains unsatisfied for the period of .

. . . . . . . computed from the date of such decree.

  1. 1 Month

  2. 2 Months

  3. 3 Months

  4. 6 Months


Answer: Option C


  95.

Which of the following kinds of property is not liable to attachment and sale in execution of a decree?

  1. Money

  2. Shares

  3. Land

  4. Personal ornaments, which cannot be parted by any woman


Answer: Option D


  96.

Order XXII Code of Civil Procedure applies to

  1. Suits

  2. Appeals

  3. Execution proceedings

  4. All the above

Answer: Option D


  97.

Which provision specifically enables the court to pronounce judgment in case the defendant fails to file written statement or subsequent pleadings?

  1. Order X, Rule 8 Code of Civil Procedure

  2. Order VIII, Rule 10 Code of Civil Procedure

  3. Order XVIII, Rule 8 Code of Civil Procedure

  4. Order XVIII, Rule 10 Code of Civil Procedure


Answer: Option B


  98.

A decree for injuction if not obeyed-

  1. Is not executable

  2. Is executable by detention of the judgment debtor in civil prison or by attachment of his property

  3. Is executable by filling a petition under Order 39 Rule 2 A of the Code of Civil Procedure

  4. Is executable by filing a fresh suit


Answer: Option B


  99.

Validity of a foreign judgment can be challenged under Section 13 of Code of Civil Procedure

  1. In a civil court only

  2. In a criminal court only

  3. In both civil and criminal court

  4. Neither in civil nor in criminal court


Answer: Option A


  100.

Which of the following deals with suits on lost negotiable instruments in the Code of Civil Procedure?

  1. Order 5, Rule 30

  2. Order 7, Rule 16

  3. Order 6, Rule 10

  4. Order 10, Rule 22


Answer: Option B


An agreement entered into or a compromise by a next friend or guardian for the suit on behalf of a minor, with reference to the suit in which he acts as next friend or guardian, without the leave of the court is:

  1. Voidable against all the parties other than the minor

  2. Voidable only against the minor

  3. Void per se and non-actionable

  4. Valid


Answer: Option A


  2. Interveners are

  1. Entitled to be impleaded

  2. Not entitled to be impleaded

  3. A waste of time for the court

  4. A burden for the plaintiff


Answer: Option B


  3. An adjournment shall not be granted on the ground:

  1. Where the circumstances are beyond the control of that party

  2. Pleader is ill and the party could not engage another pleader in time

  3. The pleader of a party is engaged in another court

  4. Both where the circumstances are beyond the control of that party and pleader is ill and the party could not engage another pleader in time


Answer: Option C


  4. Which of the following deals with exemption of certain women from

personal appearance in the Code of Civil Procedure?

  1. Section 140

  2. Section 103

  3. Section 132

  4. Section 100


Answer: Option C


  5. In a suit, where the doctrine of res- judicata applies, the suit is liable to be

  1. Stayed

  2. Dismissed

  3. May be stayed and may be dismissed

  4. Both A and C


Answer: Option B


  6. Reteable distribution of proceeds of sale in execution of a decree is provided

  1. Section 60

  2. Section 73

  3. Section 75

  4. Section 80


Answer: Option B


  7. Order XXXIX, Rule 2 of the Civil Procedure Code deals with

  1. Attachment before judgement

  2. Temporary Injunction

  3. Execution of Decree

  4. Appointment of Receiver


Answer: Option B


  8. Mesne profit means:

  1. Profit earned by mission

  2. Very minimum profit

  3. Profit received or could have been received by a person in wrongful possession of property

  4. None of the above


Answer: Option C


  9. In which of the following cases, notice of the execution application has to be issued to the judgment debtor

  1. Where the execution is applied for beyond two years after the date of the decree

  2. Where the execution application is made against the legal representatives of the judgment debtor even it made within two years of the decree

  3. Where the execution application has been made by the assignee of the interests of the decree holder even if made within two years of the decree

  4. All the above


Answer: Option D


  10.

In cases of two or more decrees the attachment of salary shall commence after

  1. Three months of the completion of 24 months of attachment under the earlier decree

  2. Six months of the completion of 24 months of attachment under the earlier decree

  3. Nine months of completion of 24 months of attachment under the earlier decree

  4. Twelve months of the completion of 24 months of attachment under the earlier decree

Answer: Option D


Under the Code of Civil Procedure, 1908, objection to jurisdiction as to the place of suing shall not be allowed by any Appellate or Revisional Court. Unless such objection was taken

  1. In the court of first instance

  2. At the earliest possible opportunity

  3. And there has been a consequent failure of justice

  4. When all the conditions of A, B and C are fulfilled


Answer: Option D


  12.

Compensatory costs can be imposed for

  1. False or vexation claims or defences

  2. Improbable claims or defences

  3. Both A and B

  4. Neither A nor B


Answer: Option A


  13.

Under Section 115, in the exercise of its revisional jurisdiction, a High Court can do which of the following things:

  1. To call for the record of any case which has been decided by any court, subordinate to the High Court

  2. To vary/reverse any decree or order against which an appeal lies to the High Court

  3. Both A and B

  4. None of the above


Answer: Option A


  14.

The Amendment Act, 1976 for section 82 of the Code of Civil Procedure does away with the cumbersomeness and time-consuming procedure by eliminating:

  1. The requirement of time to be specified for execution

  2. The requirement of a report by the court to the state government if the decree has not been satisfied within the time set out therein

  3. Suspension of execution for a further period of three months after the date of the report

  4. All of these


Answer: Option D


  15.

In which case the Supreme Court held that section 100A of Code of Civil Procedure which is substituted by Code of Civil Procedure Amendment Act, 2002 will not have retrospective effect even though it brings within its fold those appeals preferred prior to coming into force of the said Amendment Act.

  1. M. George v. State of Kerala, AIR 2007 SC 1034

  2. Jagjit Singh v. State of Haryana, AIR 2007 SC 59

  3. Meetu v. State of Punjab, AIR 2007 SC 758

  4. Kamla Devi v. Khushal Kanuiar, AIR 2007 SC 663


Answer: Option D


  16.

Under Order XVI, Rule 2 of Code of Civil Procedure, the expenses, of a witness for whom the summons have to be obtained, shall be deposited by

the party applying for the summons within

  1. 5 days of making the application

  2. 7 days of making the application

  3. 21 days of making the application

  4. 10 days of making the application


Answer: Option B


  17.

Which of the following deals with part to apply only to certain High Courts in the Code of Civil Procedure?

  1. Section 111

  2. Section 103

  3. Section 116

  4. Section 100


Answer: Option C


  18.

Which of the following deals with power of Court to order separate trials in the Code of Civil Procedure?

  1. Order 4, Rule 1

  2. Order 1, Rule 2

  3. Order 3, Rule 3

  4. Order 2, Rule 8


Answer: Option B


  19.

In execution of a money decree for Rs. 1 lakh, the detention of the judgment debtor in civil prison for three months may be ordered:

  1. As one of the modes of enforcement subject to certain restrictions and conditions.

  2. If he willfully does not comply with direction to disclose by affidavit the particulars of his assets.

Consider the above statements and choose the correct option.

  1. Both 1 and 2 are correct

  2. Neither 1 nor 2 is correct

  3. 1 is correct but 2 is incorrect

  4. 2 is correct but 1 is incorrect


Answer: Option A


  20.

Which of the provision Code of Civil Procedure deals with consequences of disobedience of an injunction granted by Court?

  1. Order 39, Rule 1

  2. Order 39, Rule 2

  3. Order 39, Rule 2A

  4. Order 39, Rule 3


Answer: Option C


  21.

Rule of 'constructive res judicata' is contained in which explanation to Section 11 of the Code of Civil Procedure

  1. Explanation II

  2. Explanation III

  3. Explanation IV

  4. Explanation V


Answer: Option C


  22.

The word "case" used in Section 115 of the Code of Civil Procedure is of wide import and

  1. It means any state of facts juridically considered

  2. It includes civil proceeding other suits and is not restricted to anything contained in the section to the entirety of the proceeding in a civil court

  3. Both A and B

  4. None of these

Answer: Option B


  23.

A suit may be dismissed where

  1. Summons are not served on the defendant in consequence of the failure of the plaintiff to take proper steps like filing of court fee, postal charges or requisite number of copies of plaint

  2. Neither party appears when the suit is called on for hearing

  3. Plaintiff, after summons to defendant has returned unserved, fails to apply for fresh summons for seven days

  4. All these


Answer: Option D


  24.

As per Order 11, Rule 12 of Code of Civil Procedure, an application for discovery of documents

  1. May be filed by any party without filing any affidavit

  2. May be filed by any party with an affidavit

  3. Only plaintiff may file the application with affidavit

  4. Only defendant may file the application with affidavit


Answer: Option A


  25.

Notice under Section 80 of the Code of Civil Procedure is mandatory when

  1. The suit is against a Co-operative Society

  2. The suit is against the Government

  3. The suit is against Gram Panchayat

  4. The suit is against Municipal Corporation

Answer: Option B


  26.

Whether appeal against the decision in appeal of appellate bench of Small Causes Court/District Court would lie before

  1. Hon'ble High Court?

  2. Competent Authority appointed by the State?

  3. No appeal lies

  4. Supreme Court?


Answer: Option C


  27.

Which of the following deals with prohibition of arrest or detention of women in execution of a decree for money in the Code of Civil Procedure?

  1. Section 43

  2. Section 56

  3. Section 59

  4. Section 54


Answer: Option B


  28.

Order VI Rule 15 of Code of Civil Procedure requires that

  1. The verification of the pleadings shall be signed by the person making it

  2. The person verifying the pleadings shall also file an affidavit in support of the verification

  3. Either A or B

  4. Both A and B


Answer: Option D


  29.

Power to make up deficiency of court- fee is given in

  1. Section 148

  2. Section 149

  3. Section 150

  4. Section 158


Answer: Option B


  30.

Under Civil Procedure Code, 1908, which one of the properties cannot be attached in execution of a decree?

  1. Books of Account

  2. Land

  3. Bank Notes

  4. Cheques


Answer: Option A


Maximum period of detention in civil imprisonment where the decree is for more than Rs. 2,000 but less than Rs. 5,000 is

  1. Six weeks

  2. Two months

  3. Three months

  4. Six months


Answer: Option A


  32.

Appointment of a receiver

  1. Can be claimed as a matter of right

  2. Is mandatory

  3. Is discretionary

  4. Is prohibitory


Answer: Option C


  33.

An executing court

  1. Can go behind the decree

  2. Cannot be behind the decree

  3. It depends on Discretion of the court

  4. None of the above


Answer: Option B


  34.

Where a judgment-debtor dies before the decree has been fully satisfied:

  1. The same cannot be executed against the legal representatives

  2. The same can be executed against anyone of the legal representatives of the judgment debtor in its entirety

  3. The same can be executed against all the legal representatives

  4. The same can be executed against any number of the legal representatives as the decree holder wants


Answer: Option C


  35.

After rejection of plaint, whether the plaintiff can institute fresh suit on the same cause of action:

  1. Can institute another suit

  2. Cannot institute another suit

  3. Can institute with the permission of the high court

  4. None of the above


Answer: Option A


  36.

The occasion for amendments arises in which of the following ways?

  1. Section 152 (amendment of clerical and arithmetical mistakes in judgment decrees and orders)

  2. Section 153 (amendment of proceedings in a suit by the court, whether moves thereto by the parties or not, for the purpose of determining the real question or issue between the

parties)

  1. Order 1, r 10, sub-r (2) (striking out or adding parties)

  2. Order 6, r. 16 (amending your opponent's pleading: compulsory amendment)

  3. Order 6, r 17 (amending your pleading: voluntary amendment)

A. 1, 2, 4

B. 3, 4

C. 2, 5

D. All of these


Answer: Option D


  37.

Under Section 113 of the Code of Civil Procedure, which Court may refer a case to High Court?

  1. District Court

  2. Civil Court

  3. Any Court

  4. Small Causes Court


Answer: Option C


  38.

The word 'person' used in O. 33, r 1 includes:

  1. A company

  2. An official receiver

  3. Both A and B

  4. None of these


Answer: Option C


  39.

A, alleging that he is the adopted son of X, sues B to recover certain property gran ted to him by X under a deed and forming part of the estate of

X. The court finds that A is not the adopted son of X; but that he is

entitled to the property under the deed and a decree is passed for A.

  1. The finding that A is not the adopted son of X, will not operate as res judicata in a subsequent suit between A and B in which the question of adoption is again put in issue

  2. The finding that A is not the adopted son of X, will operate as res judicata in a subsequent suit between A and B in which the question of adoption is again put in issue

  3. Either A or B

  4. None of these


Answer: Option A


  40.

Under section 149 of Code of Civil Procedure on payment of court fee on a subsequent date

  1. The document shall have the same effect on if the court fee were paid at the first instance

  2. The document shall not have the same effect on if the court fee were paid at the first instance

  3. The document shall have the effect as directed by the court

  4. Either A or B


Answer: Option A


Order for appointment of Court receiver

  1. Order 49

  2. Order 39

  3. Order 38

  4. None of these


Answer: Option D


  42.

Which Section of the Civil Procedure Code grant exemption to Members of Legislatures from arrest and detention under civil process?

  1. Section 80

  2. Section 134

  3. Section 135A

  4. Section 132


Answer: Option C


  43.

Purposes for which the court can issue a commission have been enumerated in

  1. Section 73 of Code of Civil Procedure

  2. Section 74 of Code of Civil Procedure

  3. Section 75 of Code of Civil Procedure

  4. Section 76 of Code of Civil Procedure


Answer: Option C


  44.

Under Code of Civil Procedure find the incorrect match of the following:

  1. Revenue Courts ⇔ Section 5

  2. Provincial Small Causes Courts ⇔

Section 7

  1. Pecuniary Jurisdiction of Courts ⇔

Section 9

  1. Presidency Small Causes Courts ⇔

Section 8


Answer: Option C


  45.

Where a defendant has not filed a document/documents alongwith the written statement, under Order VIII, Rule 1A(4) of Code of Civil Procedure, the defendant is

  1. Precluded from producing the same for the cross-examination of plaintiff's witnesses

  2. Precluded from handing over the same to the witness to refresh his memory

  3. Both A and B

  4. Neither A nor B


Answer: Option B


  46.

Objections to the attachment of property in execution can be raised

  1. By parties to the suit

  2. By strangers/third party

  3. Both A and B

  4. Only B and not A


Answer: Option C


  47.

A suit alleging 'public nuisance' can be instituted by:

  1. Advocate-General of the State.

  2. By two or more persons, who have suffered the damage.

  3. By two or more persons, with the leave of the Court, even though no special damage has been caused to them.

  4. A member of the local body.

Which of the following combination is correct?

  1. 1 and 2

  2. 1 and 3

  3. 2 and 4

  4. 3 and 4


Answer: Option B


  48.

Which of the following deals with power to pronounce judgment written

by Judge's predecessor in the Code of Civil Procedure?

  1. Order 12, Rule 5

  2. Order 14, Rule 20

  3. Order 20, Rule 2

  4. Order 11, Rule 7


Answer: Option C


  49.

According to Code of Civil Procedure, 1908 future interest can be awarded by the court in a suit at the rate of

  1. 6% per annum

  2. 9% per annum

  3. 12% per annum

  4. 15% per annum


Answer: Option A


  50.

The court may strike out any matter in any pleading

  1. Which may be unnecessary, scandalous, frivolous or vexatious

  2. Which may tend to prejudice, embarrass or delay the fair trial of the suit

  3. Which is an abuse of the process of the court

  4. All of the above


Answer: Option D


Which of the following deals with the definitions in the Code of Civil Procedure?

  1. Section 4

  2. Section 2

  3. Section 8

  4. Section 3


Answer: Option B

52.

Which of the following combinations are not correctly matched?

  1. Execution of decree ? Sec. 77, Code of Civil Procedure

  2. Letter of request ? Sec. 82, Code of Civil Procedure

  3. Legal representative ? Sec. 50, Code of Civil Procedure

  4. Institution of suit ? Sec. 28, Code of Civil Procedure

Select the correct answer:

  1. 1, 2 and 3

  2. 1, 2 and 4

  3. 1, 3 and 4

  4. 2, 3 and 4


Answer: Option B


  53.

A Court of Small Causes can decide title dispute relating to immovable property

  1. No

  2. It can decide if the value of the property is within its pecuniary limits

  3. If it is Senior Civil Judge Court acts as a small cause court

  4. In a suit relating to rent for such property


Answer: Option A


  54.

Section 56 of Civil Procedure Code specifically prohibits the arrest or detention in civil prison, in execution of a decree, of:

  1. A sick person

  2. A minor person

  3. A women

  4. All of these


Answer: Option C

  55.

A right to counter-claim has been provided

  1. Under Order VIII, Rule 6A of Code of Civil Procedure

  2. Under Order VIII, Rule 6B of Code of Civil Procedure

  3. Under Order VIII, Rule 6C of Code of Civil Procedure

  4. Under Order VIII, Rule 6D of Code of Civil Procedure


Answer: Option A


  56.

On the ground that an amendment may take the suit out of the jurisdiction of that court

  1. Is a ground for refusing that amendment

  2. May be a ground for refusing that amendment

  3. Is no ground for refusing that amendment

  4. Either A or B


Answer: Option C


  57.

Order rejecting plaint under Order 7, Rule 11 of Code of Civil Procedure

  1. Is a decree

  2. Is an order

  3. Is a deemed decree

  4. Is an interim order


Answer: Option C


  58.

If a defendant fails to file the written statement within 30 days from the date of service of summons, the court for the reasons to be recorded in

writing, can allow him to file the same, within

  1. 90 days from the date of service of summons

  2. 90 days from the date of expiry of 30 days from the date of service of summons

  3. 90 days from the date of the institution of the suit

  4. 30 days from the date of expiry of 30 days from the date of service of summons


Answer: Option A


  59.

A', 'B', 'C', 'D' and 'E' are jointly severally liable for Rs. 2,53,000/- under a decree obtained by 'F'. 'A' obtains a decree for Rs. 2,00,000/- against 'F' singly and applies for execution to the Court in which the joint decree is being executed. The Court has to:

  1. If 'F' opts to treat his joint decree against 'A' , 'B', 'C', 'D' and 'E' as a cross- decree, record satisfaction to the extent of Rs. 2,00,000/- of the joint decree for Rs. 2,53,000/- and proceed with the execution only of the decree in favour of 'F' for remaining Rs. 53,000/- against 'A', 'B', 'C', 'D' and 'E'

  2. Proceed simultaneously with execution of both the decrees

  3. Ask 'A' to separately apply for execution of his decree against 'F'

  4. Record satisfaction of the joint decree of Rs. 2,53,000/- only to the extent of 1/5th amount thereof against 'A' and proceed with execution of joint decree for the balance amount against 'B', 'C', 'D' and 'E'


Answer: Option A


  60.

On failure for furnishing security for payment of cost the suit is liable to be

  1. Stayed

  2. Dismissed

  3. Rejected

  4. Either A or B or C in the discretion of the court


Answer: Option B


Legal Representative' as defined in Section 2(11) of Code of Civil Procedure does not include-

  1. Natural heir

  2. Legatee who obtains only a part of the estate of the deceased

  3. Donee of the suit property

  4. Person who is neither a legal heir nor an intermeddler with the estate of the deceased


Answer: Option D


  62.

Any amount which a Court will order to be paid as compensatory costs in respect of false or vexatious claims or defences, shall not exceed the amount of-

  1. Two thousand rupees or the amount within its pecuniary jurisdiction whichever is less

  2. Three thousand rupees or the amount within its pecuniary jurisdiction, whichever is less

  3. Four thousand rupees or the amount within its pecuniary jurisdiction, whichever is less

  4. Five thousand rupees or the amount within its pecuniary jurisdiction whichever is less


Answer: Option B

63.

Which of the following deals with service on defendant in prison in the Code of Civil Procedure?

  1. Order 7, Rule 14

  2. Order 5, Rule 24

  3. Order 6, Rule 10

  4. Order 10, Rule 8


Answer: Option B


  64.

Set-off can be

  1. Legal set-off

  2. Equitable set-off

  3. Both A and B

  4. None of the above


Answer: Option C


  65.

The maxim "Invito beneficium non datur" (The law confers upon a man no rights or benefits which he does not desire) relates to which of the provision under the Code of Civil Procedure, 1908?

  1. Section 26

  2. Order 6, Rule 1

  3. Section 148A

  4. Order 23, Rule 1


Answer: Option D


  66.

In case of a joint decree, the execution must be applied

  1. By all the decree holders

  2. By more than one decree holders

  3. By one decree holder

  4. Either by one or more or all the decree holders

Answer: Option D


  67.

The Orders and Rules in the First Schedule of the Code of Civil Procedure

  1. Are mere guidelines

  2. Will prevail over the provisions of a Section

  3. Cannot override the provisions in a Section

  4. The courts are not bound to follow them


Answer: Option C


  68.

Which Provision (Order) of Civil Procedure Code deals with summons and attendance of witness?

  1. Order 5 Code of Civil Procedure

  2. Order 10 Code of Civil Procedure

  3. Order 16 Code of Civil Procedure

  4. Order 21 Code of Civil Procedure


Answer: Option C


  69.

"Order" is defined as a formal expression of any decision of a civil court which is not a decree in:

  1. Section 2(1) of Civil Procedure Code 1908

  2. Section 2(14) of Civil Procedure Code 1908

  3. Section 2(9) of Civil Procedure Code 1908

  4. Section 2(16) of Civil Procedure Code 1908


Answer: Option B


  70.

The Court

  1. Can allow amendment of pleading at any stage of the proceeding

  2. A party can amend its pleadings at any stage

  3. Cannot allow amendment of pleadings

  4. Can allow amendment of written statement only


Answer: Option A


  . In which of the following ways can the Court not order execution of a decree as per Section 51 of the Code?

  1. By delivery of any property specifically decreed

  2. By attachment and sale of property

  3. By serving summons on the party

  4. By appointing a receiver


Answer: Option C


  72.

Which Section of Code of Civil Procedure provides for institution of suits?

  1. Section 25

  2. Section 26

  3. Section 28

  4. Section 30


Answer: Option B


  73.

Which of the following provision of Code of Civil Procedure, 1908 deals with attachment before judgment?

  1. Order XXXVIII, Rule 1

  2. Order XXXVIII, Rule 3

  3. Order XXXVIII, Rule 5

  4. Order XXXVIII, Rule 4

  5. None of the above


Answer: Option C


  74.

Period of detention in civil imprisonment, as a consequence of disobedience or breach of any injunction shall not exceed:

  1. One month

  2. Three months

  3. Six months

  4. One year


Answer: Option B


  75.

As per Section 2(12) of Code of Civil Procedure, 'mesne profits' of property are profits received by a person in;

  1. Unlawful possession of the property

  2. Wrongful possession of the property

  3. Lawful possession of the property

  4. Effective possession of the property


Answer: Option B


  76.

Suit would not be dismissed under order 7 rule 11 Code of Civil Procedure, 1908, if

  1. Where cause of action is not disclosed

  2. Where suit is barred by any law

  3. Where suit is not in duplicate

  4. None of these


Answer: Option D


  77.

On which of the following maxim the doctrine of 'Res Judicata' is based?

  1. Qui facit per alium facit per se

  2. Ex turpi causa non oritur actio

  3. Respondent superior

  4. Interest republica ut sit finish litium


Answer: Option D


  78.

X' files a suit against 'Y', which is a Partnership of four private individuals. 'X' does not issue notice under Section 80 Code of Civil Procedure. The suit

  1. Cannot be dismissed for non- compliance

  2. Has to be dismissed for non- compliance

  3. Can be dismissed at the discretion of Court if the circumstances require a notice

  4. Suit Plaint will be rejected


Answer: Option A


  79.

Under Section 16, Code of Civil Procedure a suit relating to immovable property can be filed in a court whose local jurisdiction is

  1. Where the property is situated

  2. Where the defendant voluntarily resides or carries on business

  3. Both A and B

  4. None of the above


Answer: Option C


  80.

Which one of the following suits is not of a civil nature?

  1. Suits relating to rights to property

  2. Suits for rents

  3. Suits for recovery of voluntary payments or offerings

  4. Suits against dismissals from service

Answer: Option C

At any time after a warrant for the arrest of a judgment debtor has been issued, the court may cancel it on the ground:

  1. That he is not in a fit state of health to be detained in prison

  2. That he is seriously ill

  3. Both A and B

  4. Only the State Government has the power to release


Answer: Option A


  82.

The expenses for the service of summons to the defendant have to be borne, under Order V, Rule 9(3) of Code of Civil Procedure, by

  1. The plaintiff

  2. The court

  3. The defendant

  4. Partly by the plaintiff and partly by the defendant


Answer: Option A


  83.

Inter-pleader suit cannot be instituted

  1. For any property which relates to two persons but which is being held by a third person for the time being

  2. For determining the relation between a property and the persons claiming it

  3. For getting himself absolved from the liability to keep the property which is not being held by him

  4. Where a suit is pending in which the rights of all parties can properly by decided


Answer: Option D

84.

Under Order 6 Rule 16 Code of Civil Procedure, pleading on the ground that it is:

  1. Scandalous

  2. Unnecessary

  3. Vexatious

  4. All of the above


Answer: Option D


  85.

The court under section 89(1) of Code of Civil Procedure can refer the dispute for

  1. Arbitration or conciliation

  2. Conciliation or mediation

  3. Mediation or Lok Adalat

  4. Arbitration or conciliation or Lok Adalat or mediation


Answer: Option D


  86.

Pleading means

  1. Plaint or rejoinder

  2. Plaint or written statement

  3. Plaint or written statement or rejoinder

  4. Plaint alone


Answer: Option B


  87.

Where a witness fails to appear before the court, without any reasonable ground, under Order XVI, Rule 12 of Code of Civil Procedure, such a witness can be penalised to the extent of

  1. Rs. 100

  2. Rs. 200

  3. Rs. 500

D. Rs. 1000


Answer: Option C


  88.

The provision regarding 'summary suits' are in:

  1. Order 32 of the Code of Civil Procedure

  2. Order 37 of the Code of Civil Procedure

  3. Order 28 of the Code of Civil Procedure

  4. Order 30 of the Code of Civil Procedure


Answer: Option B


  89.

For an 'inter-pleader suit' which of the following conditions is not necessary?

  1. There must be some debt or the property in dispute

  2. Two or more persons claiming the debt or the property in dispute adversely to one another

  3. There must be suit pending wherein the rights of rival claimants for the debt or the property in dispute can be properly adjudicated

  4. All of the above


Answer: Option C


  90.

Code of Civil Procedure-Will an appeal lie against an order rejecting an application to set aside ex parte decree?

  1. Yes

  2. No

  3. Not always

  4. None of the above


Answer: Option A


Which of the following types of questions arise with the after sale of the judgment-debtor's property in which the auction purchaser is concerned?

  1. Where the questions arose between the decree holder on the one hand and the judgment-debtor on the other hand, the auction-purchaser being only interested in the result

  2. Where questions arose between the auction-purchaser on the one hand and a party to the suit or his representative on the other hand

  3. Both A and B

  4. None of these


Answer: Option C


  92.

Attachment of property inexecution of a decree

  1. Continues to be under attachment if the decree is set aside or reversed, without a specific order of release

  2. Shall be deemed to be withdrawn on setting aside or reversal of the decree

  3. Shall be deemed to be withdrawn on reversal of the decree but not on setting aside of the decree

  4. Shall be deemed to be withdrawn on setting aside of the decree but not on reversal of the decree


Answer: Option B


  93.

Non-joinder of parties is mixed question of law and fact and cannot be raised for first time in

  1. Execution proceedings

  2. Special proceedings

  3. Suit

  4. None of the above


Answer: Option A


  94.

Security for payment of cost can be required to be furnished:

  1. Under Order XXA

  2. Under Order XXV

  3. Under Order XXIV

  4. Under Order XXVII


Answer: Option B


  95.

Which of the following deals with the written Statement in the Code of Civil Procedure?

  1. Order 8, Rule 1

  2. Order 4, Rule 13

  3. Order 6, Rule 10

  4. Order 10, Rule 22


Answer: Option A


  96.

In which of the following cases has the Supreme Court held that "When hearing of the suit is commenced, it has to be continued from day to day"?

  1. M. V. Shastry v. Gopalkrishna Bhat

  2. Ram Narang v. Ramesh Narang

  3. Lachman Dass v. Jagat Ram

  4. Bajaj Auto Ltd. v. TVS Motor Co.


Answer: Option D


  97.

Which one of the following is not a rule of pleading?

  1. Plead the fact and not the law

  2. State the law and plead the facts

  3. Plead material facts only

  4. Plead facts not evidence


Answer: Option B


  98.

Rule: Courts are under an obligation to inform the parties where an appeal lies. A lower court judge pronounced a judgment after hearing lengthy arguments from plaintiff's and defendant's advocates. He did not inform the parties about the period of limitation for filing an appeal under latest amendment. The plaintiff failed to appeal on time and requested the higher court for condonation of delay on the ground that the lower court judge failed to fulfil his obligation as he was not informed about the appeal. Will the higher court consider this ground as sufficient cause for condonation of delay?

  1. Yes

  2. No

  3. Yes, only if both the parties agree

  4. None of the above


Answer: Option B

  1. Tehsildar

  2. Collector

  3. District Judge

  4. The Court which passed it or by the Court to which it is sent for execution


Answer: Option D


  99.

Where a person challenges a Decree, he shall challenges the same by filing

  1. Appeal

  2. Application

  3. Notice of Motion

  4. Chamber Summons


Answer: Option A


  100.

Under Code of Civil Procedure a decree may be executed by

1. After being proceeded against ex parte, the defendant is:

  1. Precluded absolutely for participating in any proceeding in the suit

  2. At liberty to join the proceedings at the stage where the proceedings are pending

  3. At liberty to join the proceedings and do all the things which it would have done, had he not been proceeded against ex parte, without getting the ex parte order set aside

  4. None of the above


Answer: Option B


  2. An Executing Court cannot determine the questions relating to which of the following?

  1. Execution of decree

  2. Discharge of decree

  3. Satisfaction of decree

  4. Modification of decree


Answer: Option D


  3. Which of the following deals with power to dispense with notices in cases of deceased parties in the Code of Civil Procedure?

  1. Order 44, Rule 4

  2. Order 31, Rule 21

  3. Order 46, Rule 9A

  4. Order 9, Rule 10


Answer: Option C


  4. Proceedings in Code of Civil Procedure include

  1. A proceeding for the execution of a

decree or order

  1. A proceeding for the execution of a decree, order or a prosecution

  1. 1 is correct

  2. 2 is correct

  3. Both are correct

  4. None of the above


Answer: Option A


  5. When the court gives a decision in ignorance of a statute or a rule having statutory effect, such a decision is termed as:

  1. In personam

  2. Per incurium

  3. Sub silentio

  4. In rem


Answer: Option B


  6. In which of the following cases, C can set off the claim?

  1. A sues C on a Bill of Exchange. C alleges that A has wrongfully neglected to insure C's goods and is liable to pay compensation

  2. A sues Band C for Rs. 1,000. The debt is due to C alone by A

  3. A and B sue C for Rs. 1,000. The debt is due to C by A alone

  4. A sues C on a bill of exchange for Rs.

500. C holds a judgment against A for recovery of debt of Rs. 1,000


Answer: Option D


  7. The application is placed before the following court for the execution of decree:

  1. Before District Court

  2. Before that Court which has passed the decree

  3. Before that court where the defendant is residing temporarily under local jurisdiction

  4. Before that court where the execution property is available under local jurisdiction


Answer: Option B


  8. Section 10 of the Civil Procedure Code is related to

  1. Res-judicata

  2. Res-subjudice

  3. Stay of suit

  4. None of the above


Answer: Option C


  9. Order 32 of the Code of Civil Procedure is related to?

  1. Suit by or against minors and persons of unsound mind

  2. Suit by or against trustees executors and administrators

  3. Suit related to matters concerning family

  4. None of the above


Answer: Option A


  10.

In case of a cause of action arising at a place where a corporation has a subordinate office, the corporation is deemed to carry on business

  1. Its principal office in India

  2. Its subordinate office where the cause of action did arise

  3. Both A and B

  4. Either A or B


Answer: Option C


Assertion (A): A civil court has jurisdiction to try all suits of civil nature.

Reason (R): The cognizance of a civil suit should be expressly barred.

Select the correct answer:

  1. Both A and R are true and R is the correct explanation of A

  2. Both A and R are true and R is not the correct explanation of A

  3. A is true, but R is false

  4. A is false, but R is true


Answer: Option C


  12.

Discovery by interrogatories and inspection has been provided

  1. Under Order X of Code of Civil Procedure

  2. Under Order XI of Code of Civil Procedure

  3. Under Order XV of Code of Civil Procedure

  4. Under Order XVI of Code of Civil Procedure


Answer: Option B


  13.

Suits for declaration and injunction is respect of public nuisances under Section 91 of Code of Civil Procedure can be instituted by

  1. An individual without the leave of the Court

  2. An individual with the leave of the Court

  3. Two or more persons without the leave of the Court

  4. Two or more persons with the leave of the Court


Answer: Option D


  14.

Mark the incorrect statement in relation to Order 23 of Code of Civil Procedure, 1908:

  1. At any time after the institution of a suit, the plaintiff may withdraw his suit or abandon part of his claim

  2. If a plaintiff withdraws from a suit without the court's permission, he is precluded from instituting a fresh suit against the same defendant in respect of the same subject matter

  3. If the court is satisfied that a suit must fail by reason of some formal defect or there are other sufficient grounds, it may allow the withdrawal from suit

  4. When there are several plaintiffs, the court can allow one of them to withdraw, even if the other co-plaintiffs do not consent to such withdrawal


Answer: Option D


  15.

Consider the following statement(s): A 'Decree' means and includes

  1. Formal expression of an adjudication which, so far as regards the court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit.

  2. Any adjudication from which an appeal lies as an appeal from an order.

  3. Any order of dismissal of suit for default.

  4. Rejection of plaint.

Which of the statements given above are correct?

  1. 1 and 2

  2. 2 and 3

  3. 1 and 4

  4. All these


Answer: Option C


  16.

Judgement and decree have been dealt in which of the following order in Code of Civil Procedure?

  1. Under Order XX

  2. Under Order XIX

  3. Under Order XXA

  4. Under Order XXI


Answer: Option A


  17.

An order under O. 33, r 11 directing the pauper plaintiff to pay the Court- fees can only be made in which of the following cases?

  1. Where the plaintiff fails in the suit

  2. Where the plaintiff is dispaupered under r 9

  3. Where the suit is withdrawn

  4. Where the suit is dismissed under the circumstances specified in clause

(a) or cl. (b)

A. 1, 3, 4

B. 2, 4

C. 3, 4

D. All of these


Answer: Option D


  18.

When the court requires a written statement or additional written statement from any of the parties, under Order VIII, Rule 9 of Code of

Civil Procedure, the same can be presented within

  1. 30 days from the date of the order

  2. 15 days from the date of the order

  3. 14 days from the date of the order

  4. 7 days from the date of the order


Answer: Option A


  19.

In the case of United Bank of India v. Rasayan Udhyog the Calcutta High Court held that interest pendente lite and interest for the post decretal period are:

  1. Are in the nature of compensation to the plaintiff, for being kept out of the money due to him

  2. Are discretionary as indicated by the word 'may'

  3. Both A and B

  4. None of these


Answer: Option C


  20.

Under Section 104 of the Code of Civil Procedure an appeal can be preferred against

  1. An order under Section 91 to refuse permission to institute suit

  2. An order under Section 95 for compensation

  3. An order under Section 92

  4. All of the above


Answer: Option D


  1. Which of the following sections of the Code of Civil Procedure has been repealed by the Repealing and Amending Act, 1952 (48 of 1952)?

  1. Section 145

  2. Section 154

  3. Section 148

  4. Section 153


Answer: Option B


  22.

In cases of withdrawal of suit by the plaintiff, under Order XXIII, Rule 1A of Code of Civil Procedure

  1. Defendants cannot be transposed as plaintiffs

  2. Defendants can be transposed as plaintiffs under all circumstances

  3. Defendants can be transposed as plaintiff if substantial question is to be decided against any of the other defendants

  4. Either A or B


Answer: Option C


  23.

Under section 100A of the Code of Civil Procedure, where any appeal from an original or appellate decree or order is heard and decided by a single judge of a High Court:

  1. No further appeal shall lie from the judgement and decree of such single judge

  2. Further appeal shall lie under the Letters Patent for the High Court

  3. Further appeal shall lie with the leave of the Supreme Court

  4. Further appeal shall lie before the Division Bench of the High Court


Answer: Option A


  24.

Which of the following deals with the objections to interrogatories by answer in the Code of Civil Procedure?

  1. Order 11, Rule 6

  2. Order 4, Rule 13

  3. Order 6, Rule 10

  4. Order 13, Rule 22


Answer: Option A


  25.

Point out the correct Answer:

Under Civil Procedure Code where any party dies after conclusion and before pronouncement of judgement

  1. The suit shall be abated

  2. The suit shall not be abated

  3. The suit shall not be abated if cause of action survives

  4. It will be deemed that judgement has been pronounced after death of the party


Answer: Option B


  26.

The duration of existence of a Caveat filed under Code of Civil Procedure 1908 is

  1. 60 days from the date on which it was filed

  2. 30 days from the date on which it was lodged

  3. 120 days from the date when it was lodged

  4. 90 days from the date, when it was lodged


Answer: Option D


  27.

No suit against the Govemment or Public Officer shall be instituted until expiration of period next

after notice in writing has been delivered

  1. One month

  2. Two months

  3. 15 days

  4. 90 days


Answer: Option B


  28.

Under Section 2(5) of Code of Civil Procedure, two conditions must be satisfied to bring a court within the definition of a foreign court:

  1. Court must be situated outside India

  2. Court must not have been established by Central Government

  3. Court must not continued by the Central Government

  4. All of the above


Answer: Option D


  29.

For the purpose of section 39 of Code of Civil Procedure the court is of competent jurisdiction, if at the time of making the application for transfer of decree to it, such court would have jurisdiction to try the suit

  1. In which such decree was passed

  2. To which such decree has been transferred from other court

  3. Such decree was pending

  4. None of the above


Answer: Option A


  30.

A person can be appointed as a guardian under Order XXXII, Rule 4 of Code of Civil Procedure

  1. On his oral consent

  2. On his consent in writing

  3. Either A or B

  4. Neither A nor B


Answer: Option B


  . 'X' dies leaving behind a son 'Y' and a married daughter 'Z', a suit filed by 'X', after his death, can be continued by:

  1. 'Y' alone as legal representative

  2. 'Z' alone as legal representative

  3. 'Y', 'Z' and the husband of Z as legal representatives

  4. 'Y' and 'Z' both, as legal representatives


Answer: Option D


  32.

A defendant under Order V, Rule 1(1) of Code of Civil Procedure is required to appear, answer the claim and to file the written statement

  1. Within 90 days from the date of service of summons

  2. Within 60 days from the date of service of summons

  3. Within 30 days from the date of service of summons

  4. Within 15 days from the date of service of summons


Answer: Option C


  33.

Which of the following deals with the inquiry as to whether applicant is an indigent person in the Code of Civil Procedure?

  1. Order 44, Rule 3

  2. Order 31, Rule 9

  3. Order 22, Rule 18

  4. Order 9, Rule 10


Answer: Option A


  34.

Compensatory costs under Section 35A of Code of Civil Procedure can be imposed to the extent of

A. Rs. 3,000

B. Rs. 6,000

C. Rs. 10,000

D. Without any limit


Answer: Option A


  35.

A sues B to recover Rs. 1,000 alleged to be rent due under a lease executed by B. The court finds that B was in occupation of the premises during the period for which the rent is claimed, but that the alleged lease was not executed by B. At this stage A applies to amend his plaint by alleging that, though the lease was not executed by B, he is entitled to recover the amount for use and occupation of the premises.

  1. The amendment will be allowed

  2. The amendment will not be allowed

  3. Either A or B

  4. None of these


Answer: Option B


  36.

Decree', as defined by Section 2 of the Code of Civil Procedure, 1908 does not include;

  1. A preliminary decree

  2. Rejection of a plaint

  3. Determination of any question within Section 144 Code of Civil Procedure

  4. Any order of dismissal for default


Answer: Option D


  37.

Where a Caveat has been lodged under section 148A of Code of Civil Procedure, what is the period after expiry of which such Caveat shall not remain in force?

  1. 20 days

  2. 90 days

  3. 60 days

  4. 30 days


Answer: Option B


  38.

Which of the following properties are not liable to attachment in execution of decree?

  1. Bank Notes and Cheques

  2. Promissory Notes

  3. Land

  4. Books of Accounts


Answer: Option D


  39.

A sues B on a bill of exchange for Rs.

500. B holds a judgment against A for Rs. 1000. The two claims being both definite pecuniary demands may be set off. The illustration is given in:

  1. Order VIII, Rule 5 of Code of Civil Procedure

  2. Order VIII, Rule 6 of Code of Civil Procedure

  3. Order VIII, Rule 7 of Code of Civil Procedure

  4. Order VIII, Rule 9 of Code of Civil Procedure

  5. None of these

Answer: Option B


  40.

Admission of fact(s) once made under Order XII, Rule 4 of Code of Civil Procedure, can be allowed to be

  1. Amended

  2. Withdrawn

  3. Either A or B

  4. Neither A nor B


Answer: Option D


  . Section 100-A of the Code of Civil Procedure, as substituted by the Amendment Act of 2002 will not have retrospective effect so as to bring within its fold even appeals preferred prior to coming into force of the said amendment with effect from 1st July 2002. Thus, a Letters Patent Appeal, which was filed prior to the coming into force of the said amendment, would be maintainable. In which of the following cases it was so upheld?

  1. UCO Bank v. Roopa Ram

  2. Raga Ram v. Smt. Kokali

  3. Kamla Devi v. Khushal Kanwar

  4. None of these


Answer: Option C


  42.

Which of the following is a basis of the jurisdiction of a court?

  1. Subject matter

  2. Pecuniary value

  3. Local limits

  4. All of these


Answer: Option D

43.

Which of the following deals with the right to challenge non-appealable orders in appeal against decrees in the Code of Civil Procedure?

  1. Order 43, Rule 1A

  2. Order 31, Rule 9

  3. Order 22, Rule 18

  4. Order 9, Rule 10


Answer: Option A


  44.

According to Order VIII Rule 1 the defendant shall file the written statement of his defence within:

  1. 30 days

  2. 45 days

  3. 60 days

  4. 90 days


Answer: Option A


  45.

A person may sue a foreign state:

  1. With the consent of the State Government

  2. Only with the consent of the Central Government

  3. With the consent of Central or State Government

  4. With the consent of the President of India


Answer: Option B


  46.

Provision for settlement of dispute outside court has been provided under Section of Civil

Procedure Code.

  1. 91

  2. 89

  3. 51

D. 151


Answer: Option B


  47.

What will be the nature of an order passed by Court rejecting the plaint for non payment of a Court fee?

  1. Decree

  2. Preliminary decree

  3. Interlocutory Order

  4. Final Order

  5. None of these


Answer: Option A


  48.

When and how a decree can be passed on a compromise in a suit against a minor sued through his guardian?

  1. Requires the affidavit of the guardian and the compromise is for the benefit of the minor

  2. Suit against a minor cannot be compromised except with the permission of the Guardianship Court

  3. Both parents of the minor must furnish an affidavit stating that they have compromise

  4. If the minor signs the Compromise Deed


Answer: Option A


  49.

Which of the following provisions of the Code of Civil Procedure will be applicable in case of death of one of the several defendants or the sole defendant in the suit?

  1. Order 12, Rule 1

  2. Order 10, Rule 9

  3. Order 19, Rule 6

  4. Order 22, Rule 4


Answer: Option D


  50.

Section 47 of Code of Civil Procedure is

  1. Mandatory and bars a suit

  2. Mandatory and bars a defence

  3. Mandatory and bars a suit as well as a defence

  4. Directory


Answer: Option C


A sues B on a bill of exchange for Rs. 1000 B holds a judgment against A for Rs. 2000.

  1. Pecuniary demand may be set off because both claims are definite

  2. Claims cannot be set off because issues are different

  3. Both A and B are correct

  4. None of the above


Answer: Option A


  52.

Who may apply for reference under Section 113 of the Code of Civil Procedure 190

  1. A party to suit

  2. Court

  3. Both A and B

  4. None of the above


Answer: Option B


  53.

During the pendency of the suit, to a party producing the document

  1. The original document admitted in evidence cannot be returned

  2. The original documents admitted in evidence can be returned on producing the certified copies thereof

  3. The original documents admitted in evidence can be returned on producing an ordinary copy thereof

  4. Either B or C


Answer: Option B


  54.

Under Order XXIII, Rule 1 of Code of Civil Procedure, the plaintiff is

  1. Under an obligation to withdraw the suit with entirety with respect to all the claims

  2. Having the liberty to withdraw the suit in its entirety or abandon a part of his claim

  3. Having the liberty to withdraw only a part of his claim and cannot abandon the suit

  4. None of the above


Answer: Option B


  55.

A sues B for Rs. 200. As against the said claim, B claims to set-off Rs. 200, being part of a sum of Rs. 1,200 alleged to be due to him by A, but omits to counter claim from A the balance of Rs. 1,000.

  1. B cannot afterwards sue A to recover Rs. 1,000

  2. B can afterwards sue A to recover Rs. 1,000

  3. Either A or B

  4. None of these


Answer: Option B

56.

An agreement or compromise is entered into on behalf of a minor without the leave of the Court. Such agreement or compromise, under Order 32, Rule 7 of Code of Civil Procedure is:

  1. Valid

  2. Void

  3. Voidable against all the parties other than the minor

  4. Voidable against all the parties including the minor

  5. None of these


Answer: Option C


  57.

Which of the following combinations are correctly matched?

  1. Temporary ⇔ Order 39 Code of Civil Procedure injunction

  2. Suit by Indigent ⇔ Order 33 Code of Civil Procedure person

  3. Powers of Appellate ⇔ Section 102 Code of Civil Procedure Hate Court

  4. Right to file ⇔ Section 148A Code of Civil Procedure caveat

Select correct answer:

  1. 1, 2 and 4

  2. 1, 2 and 3

  3. 1, 3 and 4

  4. 2, 3 and 4


Answer: Option A


  58.

Plea raised by contesting respondent is in fact called:

  1. Plea for caveat

  2. Plea for adjournment

  3. Plea for demurrer

  4. Plea for rejection of evidence

Answer: Option C


  59.

The power of a Court to correct clerical or arithmetical mistakes in judgments, decrees or orders:

  1. May at any time be exercised by Court of its own motion

  2. May at anytime be exercised on an application by any of the Parties

  3. Either A or B

  4. None of the above


Answer: Option C


  60.

A dies leaving behind a son X and a married daughter Y. A suit filed by A, after his death can be continued by

  1. X alone as legal representative

  2. Y alone as legal representative

  3. X, Y and the husband of Y as legal representative

  4. X and Y both as legal representative


Answer: Option D


  61.

According to Section 2(11) Code of Civil Procedure, 'legal representative' means

  1. A person who in law represents the estates of a deceased person

  2. Any person who does not intermeddles with the estate of the deceased

  3. Any person elected under the Representation of the People Act, 1951

  4. Any person who can represent the party to the suit


Answer: Option A

62.

The term "Res Sub Judice" means

  1. Stay of suit

  2. Stay of appeal

  3. Stay of application

  4. Stay of execution


Answer: Option A


  63.

Under Section 34 of Civil Procedure Code, Court can award interest from the date of decree to the date of payment or such earlier date as the Court thinks fit. Rate of such interest shall not exceed per annum.

  1. Nine per cent

  2. Ten per cent

  3. Six per cent

  4. Twelve per cent


Answer: Option C


  64.

Date appointed by any Court for presenting list of witnesses by the parties to obtain summons to them for their attendance in Court, shall not be later than-

  1. Ten days

  2. Fifteen days

  3. Eighteen days

  4. Thirty days


Answer: Option B


  65.

An ex-parte decree can be set aside

  1. Under Order IX, Rule 7 of Code of Civil Procedure

  2. Under Order IX, Rule 11 of Code of Civil Procedure

  3. Under Order IX, Rule 13 of Code of Civil Procedure

  4. Under Order IX, Rule 12 of Code of Civil Procedure


Answer: Option C


  66.

Order XVII, Rule 2 and Order XVII, Rule 3 of Code of Civil Procedure are

  1. In conflict with each other

  2. Independent and mutually exclusive

  3. Order XVII, Rule 3 of Code of Civil Procedure is dependent on Order XVII, Rule 2 of Code of Civil Procedure

  4. Order XVII, Rule 3 of Code of Civil Procedure controls Order XVII, Rule 2 of Code of Civil Procedure


Answer: Option B


  67.

Every suit is to decide the whole claim. However, a separate suit for mesne profits from the date of decree to delivery of possession:

  1. Is barred because no claim of mesne profits was sought in the earlier suit

  2. Is barred because the claim of mesne profits prior to the date of decree stands barred under O. 2, r 2

  3. Is not bared because the claim of mesne profits arises after the decree in the suit and so the decree gives a new cause of action

  4. None of these


Answer: Option C


  68.

Which of the following list of rules bar a fresh suit in respect of the same cause of action under section 12 of the Code of Civil Procedure?

1. O. 2, r 2

2. O. 9, r 9

3. O. 22, r 9

4. O. 23, r 1

A. 1, 2

B. 3, 4

C. 2, 4

D. All of these


Answer: Option D


  69.

General power to amend any error or defect in any proceedings in a suit vests in the Court by virtue of

  1. Section 152, Code of Civil Procedure

  2. Section 153, Code of Civil Procedure

  3. Section 153A, Code of Civil Procedure

  4. Section 153B, Code of Civil Procedure


Answer: Option B


  70.

Where the defendant is confined in a prison, the summons shall be served:

  1. By affixing outside the prison

  2. By sending process server in the prison

  3. By delivery of the summons to the Officer incharge of the prison for service on the defendant

  4. By production warrant through the court


Answer: Option C

A filed a suit against B seeking three reliefs. The matter was decreed in A's favour and the first relief was partially granted to A. The decree was silent as to the other two reliefs. Can A file a second suit in the same matter seeking the further two reliefs?

  1. No, the bar of res judicata will apply

  2. Yes, the bar of res judicata will not apply since the court did not address these reliefs

  3. Yes, because it will be assumed that the plaintiff was not given a fair hearing

  4. The Court has to determine, on a case by case basis, whether by not addressing the reliefs in the first case, the plaintiff was denied a fair hearing. If the Court determines that the plaintiff was denied a fair hearing, then a second suit is permitted


Answer: Option A


  72.

In second appeal the re-appreciation of evidence is:

  1. Permissible

  2. Subject of revision

  3. Not permissible

  4. None of these


Answer: Option C


  73.

Judgement and decree passed by the court which lacks inherent jurisdiction

  1. Is a nullity

  2. Would never operate as res judicata

  3. Can be challenged in subsequent suit

  4. All of these are correct


Answer: Option D


  74.

The Code of Civil Procedure, 1908 extends to the:

  1. Whole of India

  2. Whole of India, except the State of Jammu and Kashmir

  3. Whole of India, except the Scheduled Areas and State of Jammu and Kashmir

  4. Whole of India, except the State of Jammu and Kashmir and Tribal Areas


Answer: Option D


  75.

Which of the following deals with statement in case of documents not in plaintiff's possession or power in the Code of Civil Procedure?

  1. Order 7, Rule 15

  2. Order 4, Rule 13

  3. Order 6, Rule 10

  4. Order 10, Rule 22


Answer: Option A


  76.

Under section 89 the court shall formulate the terms of settlement and give them to the parties for their observations and after receiving the observations of the parties, the court may reformulate the terms of possible settlement and the same for:

  1. Arbitration

  2. Conciliation

  3. Judicial settlement including settlement through Lok Adalat

  4. Mediation

A. 1, 3

B. 2, 3

C. 3, 4

D. All of these


Answer: Option D


  77.

Under Order VI, Rule 18 of Code of Civil Procedure, the time limit, for the purpose of carrying on the

amendment in the pleading, by the order of the court

  1. Can be extended upto a maximum period of 14 days from the date of order, if no time is limited

  2. Can be extended upto a maximum period of 30 days from the date of order, if no time is limited

  3. Can be extended without any maximum limit

  4. Cannot be extended at all


Answer: Option A


  78.

The period of limitation for filing leave to defend in a suit under Order XXXVII of the Code of Civil Procedure is within

  1. 10 days of the receipt of summons for judgment

  2. 30 days of the receipt of summons for judgment

  3. 90 days of the receipt of summons for judgment

  4. 120 days of the receipt of summons for judgment


Answer: Option A


  79.

For the purpose of Order XIV, Rule 4 of Code of Civil Procedure the Court may adjourn the framing of issues to a date not later than

  1. 7 days

  2. 10 days

  3. 14 days

  4. 30 days


Answer: Option A


  80.

Where decree is for the partition of an undivided estate assessed to the payment of revenue to the government, the partition of the estate, in accordance with the law for the time being in force, shall be made by-

  1. The Naib Tahsildar

  2. The Nazir

  3. The Collector

  4. The Commissioner appointed by the court


Answer: Option C

The principle of res judicata is not applicable to which of the following

  1. Execution Proceedings

  2. Suits

  3. Arbitration Proceedings

  4. Only C and not A and B


Answer: Option D


  82.

Which Section of the Code of Civil Procedure provides that the objections as to the territorial and pecuniary jurisdiction must be raised at the first opportunity?

  1. Section 19

  2. Section 20

  3. Section 21

  4. Section 22


Answer: Option C


  83.

Which of the following are the principal rules as to concurrent jurisdiction?

  1. Concurrent as to pecuniary limit and the subject matter

  2. Competency of the former court to be determined as on the date of the

'former suit' and not as on the date of the 'subsequent suit'

  1. Competency of the trial court determination

  2. Competence of court when there is a court with preferential jurisdiction

  3. Both the suits are in revenue court, but appeals lie to different authorities

A. 1, 3

B. 2, 4, 5

C. 1, 4, 5

D. All of these


Answer: Option D


  84.

In a civil suit coming up for admission, if the Court does not have subject jurisdiction to grant relief in the suit, the court

  1. Cannot grant interim relief under Order XXXIX Code of Civil Procedure

  2. Can still grant interim relief under Order XXXIX Code of Civil Procedure

  3. Has to nevertheless issue summons of the suit

  4. Has to frame a question of law and refer it to the High Court


Answer: Option A


  85.

The present Section 5 of the Limitation Act applies to all applications other than those under any of the provision of XXI of Civil Procedure Code, 1908, if the applicant satisfies the court that he had sufficient cause for not preferring the appeal or making the application within such period.

  1. Order XXI

  2. Order XI

  3. Order XXII

  4. Order XVIII


Answer: Option A


  86.

By which judgment, the Hon'ble Apex Court upheld the constitutional validity of amendments made in the Code of Civil Procedure vide amendment Acts of 1999 and 2002:

  1. Salem Advocates Bar Association, Tamil Nadu v. Union of India

  2. Civil Court Bar Association v. Union of India

  3. Indian Courts Bar Association v. Union of India

  4. West Bengal High Court Bar Association v. Union of India


Answer: Option A

D. Habeas Corpus


Answer: Option D


  89.

After completion of the trial, the judge pronounced the judgement but did not sign the decree and he is transferred. Then-

  1. The decree prepared can be signed by the newly posted Judge

  2. The decree prepared is sent for the approval of the High Court

  3. The decree is sent for signature to the Court to which the trial Court is subordinate

  4. The new Judge has to rehear the arguments in the suit


Answer: Option A



87.

Rejection of an application for permission to sue as a pauper

  1. Bars a fresh application on the same cause of action

  2. Does not bar a fresh application on the same cause of action if moved along with amended schedule of property

  3. Does not bar a fresh application on the same cause of action with the leave of the Court

  4. Does not bar a fresh application at all


Answer: Option A


  88.

In which of the following writs, the doctrine of res judicata is not applicable?

  1. Certiorari

  2. Mandamus

  3. Quo Warranto

90.

An ex-parte decree can be set aside:

  1. Under Order IX, Rule 7 of Code of Civil Procedure

  2. Under Order IX, Rule 11 of Code of Civil Procedure

  3. Under Order IX, Rule 13 of Code of Civil Procedure

  4. Under Order IX, Rule 12 of Code of Civil Procedure


Answer: Option C


  . A suit under Order XXXVII can be filed on the basis of

  1. Bills of exchange

  2. Hundies

  3. Promissory notes

  4. All the above


Answer: Option D

92.

A foreign judgement

  1. Can never be conclusive

  2. Can be conclusive as to any matter indirectly adjudicated upon between the same parties

  3. Can be conclusive as to any matter directly adjudicated upon between the same parties if it has not been pronounced by a court of competent jurisdiction

  4. Can be conclusive as to any matter directly adjudicated upon between the same parties if it has been pronounced by a court of competent jurisdiction


Answer: Option D


  93.

Which of the following orders cannot be appealed against under Code of Civil Procedure?

  1. An order to set aside the dismissal of a suit

  2. An order to set aside the decree passed ex parte

  3. An order for grant of temporary injunction

  4. None of these


Answer: Option D

95.

A court transferred a, decree to another court for its execution suo motu. Judgment holder appealed to the High Court and argued that the lower court judge was partial toward the decree holder and submitted the suo motu transfer of decree for its execution as proof. Decide the outcome of the case.

  1. The appeal will be dismissed

  2. The appellate court will send the suit for retrial

  3. The High Court will suspend the judge

  4. None of the above


Answer: Option A


  96.

Which of the following deals with the exemption of members of legislative bodies from arrest and detention under civil process in the Code of Civil Procedure?

  1. Section 139B

  2. Section 135A

  3. Section 132A

  4. Section 140A


Answer: Option B



94.

Order 20, Rule 12 of the Code of Civil Procedure provides for passing of preliminary decree in a suit for

  1. Dissolution of partnership

  2. Pre-emption

  3. Possession and mesne profits

  4. Accounts between principal and agent


Answer: Option C

97.

Whenever the suit is decided through any of the modes of settlement of dispute referred to in Section 89 of Code of Civil Procedure, the plaintiff shall be entitled to refund of full amount of Court fee paid in respect of such plaint as per Section of

the Court Fees Act, 1870

  1. 11

  2. 14

  3. 15

  4. 16


Answer: Option D


  98.

The order of injunction may be discharged, or varied, or set aside by the Court at the instance of

  1. Plaintiff alone

  2. Defendant alone

  3. Both plaintiff and defendant

  4. State Government


Answer: Option C


  99.

If no time is prescribed in the order for carrying out amendment, what is the period within which amendment is to be carried out under Order 6 Rule 18 of the Civil I Procedure Code?

  1. 30 days

  2. 14 days

  3. 60 days

  4. 45 days


Answer: Option B


  100.

Res judicata is

  1. A question of law

  2. A fact which should be pleaded

  3. A fact which need not be pleaded

  4. A matter which can be taken judicial notice of


Answer: Option B

. In which of the following cases can C set off the claim?

A.A sues C on a Bill of Exchange C alleges that A has wrongfully neglected to insure C's goods and is liable to pay in compensation

B.A sues Band C for Rs. 1000 the debt is due to C by A alone

C.A sues B and C for Rs. 1000 the debt is due to C by A alone

D.A sues C on a bill of exchange of Rs. 500. C holds a judgement against A for recovery of debt of Rs. 1,000


Answer: Option D


  2. Court may not issue a commission:

  1. To examine any person

  2. To examine accounts

  3. To perform any ministerial act

  4. To arrest a person


Answer: Option D


  3. Consequent to failure of conciliation the Presiding Officer of the conciliation forum can refer the matter again to court under

  1. Order X, Rule 1B of Code of Civil Procedure

  2. Order X, Rule 1C of Code of Civil Procedure

  3. Order X, Rule 3 of Code of Civil Procedure

  4. Order X, Rule 4 of Code of Civil Procedure


Answer: Option B


  4. Order XXXVII of the Code of Civil Procedure applies to a suit:

  1. Upon bills of exchange, hundies and promissory notes and suits in which the

plaintiff seeks only to recover a debt or liquidated demand in money payable by the defendant arising on a written contract or on an enactment or on a guarantee

  1. Upon bills of exchange, hundies and promissory notes and suits in which the plaintiff seeks only to recover a debt or liquidated demand in money payable by the defendant arising on a written contact or on an enactment or on a guarantee or for recovery of receivables instituted by any assignee of a receivable

  2. On payment of double the court fees

  3. For compensation for defamation


Answer: Option B


  5. A private transfer or delivery of the property attached made in pursuance of any contract for such transfer or delivery entered into an registered before the attachment, by virtue of section 64(2) of Code of Civil Procedure, shall be

A.Void B.Voidable C.Valid D.Invalid


Answer: Option C


  6. Civil Procedure Code: A decision or finding given by Court without jurisdiction

  1. Can operate as res-judicata under all circumstances

  2. Cannot operate as res-jusdicata

  3. Can operate as res-judicata under certain circumstances only

  4. May operate as res-judicata or may not operate as res-judicata


Answer: Option B

7. Which of the following statements is incorrect:

A.Temporary injunction may be granted only at the time of institution of a suit B.Temporary injunction may be granted at any stage of a suit

C.Temporary injunctions are regulated by the Code of Civil Procedure, 1908 D.Temporary injunctions are a form of preventive relief


Answer: Option A


  8. Where a person commits a public nuisance

  1. He is liable to criminal prosecution under Indian Penal Code

  2. Suit may be filed against him under section 91 of Civil Procedure Code C.Suit for damages may be filed against him

D.All the above


Answer: Option D


  9. Section 10 of the Civil Procedure Code, 1908 does not apply when the previous suit is pending

  1. In the same court

  2. In a foreign court

  3. In the court outside India established or continued by the Central Government D.In any other court in India


Answer: Option B


  10.

Code of Civil Procedure contains

A.50 Orders

B.51 Orders

C.52 Orders

D.53 Orders


Answer: Option B

Where the appeal prepared against a decree passed ex parte has been withdrawn, an application under Order IX, Rule 13 of the Code of Civil Procedure shall:

A.Lie B.Not Lie

C.Lie only with the permission of the Appellate Court

  1. Be referred for opinion of the Appellate Court


Answer: Option A


  12.

Section 89 of the Civil Procedure Code was incorporated through the Civil Procedure Code Amendment Act of . .

. . . . . . which is the prominent provisron the discusses about the jurisdiction of civil courts in applying. Alternate Dispute Resolution mechanisms.

A.1989 B.1999 C.1988 D.2009


Answer: Option B


  13.

Liberty to institute a fresh suit in respect of the same subject matter, at the time of withdrawal of the suit is given:

  1. As a general rule

  2. Where the suit suffers from same formal defect and is likely to fail on that account

  3. Where the court finds sufficient grounds

  4. Only B and C


Answer: Option D


  14.

A holds a decree against B for Rs 1,000. B holds a decree against A for the payment of Rs 1,000 in case A fails to deliver certain goods at a future day.

A.B can treat his decree as a cross-decree under O. 21 r. 18

B.B cannot treat his decree as a cross- decree under O. 21 r. 18

C.Either A or B D.None of these


Answer: Option B


  15.

Which is not correct in respect of powers of the appellate court:

  1. To determine a case finally

  2. To remand the case

  3. Does not have power to take additional evidence

  4. To frame issues and refer them for trial


Answer: Option C


  16.

Issues' under the Code of Civil Procedure means:

A.Material proposition of fact affirmed by plaintiff and denied by defendant B.Material proposition of fact affirmed by defendant and denied by plaintiff

C.Every proposition of fact or law affirmed by one party and denied by the other D.Material proposition of fact or law affirmed by one party and denied by the other


Answer: Option D


  17.

The Court shall not grant temporary injunction where:

  1. Any property, in dispute, in a suit is in danger of being wasted, damaged or alienated by any party

  2. Where plaintiff can be compensated by money

  3. That the defendant threatened to remove or dispose of the property with a view to defrauding his creditors

  4. None of the above


Answer: Option B


  18.

Costs can be imposed to

A.Compensate

B.Reimburse the expenses incurred C.Compensate as well as to re-imburse the expenses incurred

D.Only to reimburse the expenses incurred and not to compensate


Answer: Option C


  19.

Provincial Small Cause Courts

  1. Can try a suit against the Government. (Union or State)

  2. Can try a suit relating to mortgages

  3. Cannot try a suit against the Government (Union or State)

  4. Can try a suit for damages for malicious prosecution


Answer: Option B


  20.

Section 89 of the Code of Civil Procedure was inserted in

A.1993 B.1998 C.1999 D.2009


Answer: Option C


A decree may be executed by:

A.District Judge B.Commissioner

C.Court which has passed the decree

D.Either by the Court which has passed the decree or to which the decree is sent for execution


Answer: Option D


  22.

In which case the Supreme Court held that in the partition suit more than one preliminary decree can be passed?

  1. Phoolchand v. Gopal Lal, AIR 1967 SC 1470

  2. Balraj Taneia v. Sunil Madan, AIR 1999 SC 3381

  3. Babbar Sewing Machine Co. v. Triloki Nath Mahajan, AIR 1978 SC 1436 D.Santosh Kumar v. Bhai Mool Singh, AIR 1958 SC 321


Answer: Option A


  23.

Under Order 33, an indigent is allowed to prosecute any suit, provided he satisfied certain conditions. Which of the following is not such a condition?

  1. He is not possessed of sufficient means to enable him to pay the fees prescribed for the plaint in such suit

  2. He is not entitled to property worth Rs. 1000

  3. He has no sufficient means for his livelihood

  4. He may present the application for permission to sue as an indigent either himself or through an authorized agent


Answer: Option C


  24.

Under which of the following provisions of the Code of Civil Procedure, the Prisoner is required to be brought to Court in custody?

  1. Order 16A, Rule 6

  2. Order 14, Rule 20

  3. Order 19, Rule 21

  4. Order 11, Rule 7


Answer: Option A


  25.

Rule of Damdupat is

A.A rule relating to costs

B.A rule relating to interest

C.A rule of res-judicata

D.A rule of evidence


Answer: Option B


  26.

After, what period from the date of filing, that caveat ceases to be in force:

A.Ninety days B.Sixty days C.Thirty days D.Fifteen days


Answer: Option A


  27.

In Execution of a decree other than a decree of maintenance, salary of a person can be attached to the extent of

  1. Rs. 400 plus two third of the remainder

  2. Rs. 500 plus one half of the remainder

  3. Rs. 1,000 plus one third of the remainder

  4. Rs. 1,000 plus two third of the remainder


Answer: Option D


  28.

Which of the following deals with unauthorized persons not to address Court in the Code of Civil Procedure?

  1. Section 111

  2. Section 119

  3. Section 108

  4. Section 100

Answer: Option B


  29.

Where a suit is abated or dismissed under Order 22 of Code of Civil Procedure on the same cause of action

  1. New suit may be instituted with the consent of parties

  2. Fresh suit may be filed with prior permission of the court

  3. No fresh suit shall be brought

  4. New suit may be filed if sufficient cause is shown


Answer: Option C


  30.

Which of the deals with using answer to interrogatories at trial in the code of Civil Procedure?

  1. Order 11, Rule 22

  2. Order 4, Rule 13

  3. Order 6, Rule 10

  4. Order 13, Rule 22


Answer: Option A


The rule of constructive res judicata applies to writ proceedings, however does not apply to writ of:

A.Habeas corpus B.Certiorari C.Mandamus D.Quo warranto


Answer: Option A


  32.

Amendment of plaint cannot be allowed after trial has commenced

A.Except in exceptional cases B.Under any circumstances

C.If the valuation of the suit is less than Rs. 1000

D.If the suit calls for special procedure

Answer: Option A


  33.

Mesne profits' as defined under section 2(12) means

  1. Those profits which the person in wrongful possession of such property actually received or might have received together with interest

  2. Those profits which the person in wrongful possession of property actually received including profits due to improvements made by such person C.Those profits which the person in wrongful possession of such property actually received or might have received but without any interest on such profits D.Those profits which the person in wrongful possession of such property actually received


Answer: Option A


  34.

By which of the following act section 148 A (Right to lodge caveat) was inserted in the code of civil procedure 1908?

  1. By Act 46 of 1999

  2. By Act 104 of 1976

  3. By Act 66 of 1956

  4. By Act 22 of 2002


Answer: Option B


  35.

Which of the following is not liable to attachment and sale in execution of decree?

  1. Land and Building

  2. Money and Cheques

  3. Money payable under policy of insurance

D.Shares


Answer: Option C


  36.

The Commissioner appointed for recording evidence in a civil suit cannot do which one of the following acts under Order XVIII Rule 4 of the Code of Civil Procedure, 1908?

  1. Record re-examination of a witness

  2. Decide objections raised during recording of evidence

  3. Record remarks regarding the demeanour of the witness while under examination

  4. Record the evidence either in writing or mechanically


Answer: Option B


  37.

Under Section 75 of Civil Procedure Code, the court cannot issue commission:

  1. To examine any person

  2. To make a partition

  3. To conduct sale of property which is not in the custody of the court

  4. To hold a scientific, technical or expert investigation


Answer: Option C


  38.

Relief to be specifically stated under which of the following in the Code of Civil Procedure?

  1. Order 5, Rule 30

  2. Order 9, Rule 12

  3. Order 7, Rule 7

  4. Order 10, Rule 22


Answer: Option C


  39.

A 'next friend', under Order XXXII, Rule 8 of Code of Civil Procedure can retire

A.Without first procuring a fit person to replace him but not without giving security for costs already incurred

B.Not without first procuring a fit person to replace him and also not without furnishing security for costs already incurred

C.Not without first procuring a fit person to replace him but without furnishing security for costs already incurred D.Without first procuring a fit person to replace him and without furnishing security for cost already incurred


Answer: Option B


  40.

"Decree" means A.Extract of the Judgment B.Bill of costs

C.Reasons for which the suit is decreed or dismissed

D.Formal expression of the court of an adjudication determining the rights of parties


Answer: Option D


  41.

Constructive res judicata is contained in

A.Explanation III to Section 11 of the Code of Civil Procedure

B.Explanation VI to Section 11 of the Code of Civil Procedure

C.Explanation VII to Section 11 of the Code of Civil Procedure

D.Explanation IV to Section 11 of the Code of Civil Procedure


Answer: Option D


  42.

Order XV of Code of Civil Procedure talks about:

A.Disposal of the suit at the first hearing B.Settlement of issues

C.Attendance of witness D.Notices


Answer: Option A


  43.

Who can file a suit under Section 91 of Civil Procedure Code for public nuisance?

  1. Advocate General

  2. Any citizen C.District Magistrate

D.Any 10 or more citizens


Answer: Option A


  44.

If a right to sue survives, will the suit be abated by a party's death?

A.Yes B.No

C.If the opposite party agrees

D.None of the above


Answer: Option B


  45.

Agreement between the parties to institute the suit relating to disputes in a particular court

  1. Does not oust the jurisdiction of other courts

  2. May operate as estoppel between the parties

  3. Both A and B

  4. Neither A nor B


Answer: Option C


  46.

Where the plaintiff wanted to produce evidence to rebut the evidence led by the defendants in respect of the issue the burden of proving which was on the plaintiff himself, the denial of permission by the trial Court was held

to be proper in which of the following cases?

A.Divali Bain v. Marji Bhai

B.Lilavati Devi v. Kelvin Jute and Co. C.Dinesh Kumar v. State of Haryana D.None of these


Answer: Option C


  47.

A suit to obtain an urgent or immediate relief against the Government or any Public Officer may be instituted in respect of an act purporting to be done by public officer in his official capacity

A.Without serving any notice under Section 80(1) of the Code of Civil Procedure

B.After due service under Section 80(1) of the Code of Civil Procedure

C.With the leave of the Court without serving any notice under Section 80(1) of the Code of Civil Procedure

D.None of the above


Answer: Option C


  48.

The Civil Procedure Code, 1908 extends to the whole India except

  1. The State of Jammu and Kashmir

  2. The State of Nagaland and Tribal Areas

C.A and B both D.None of the above


Answer: Option C


  49.

No order for detention of the judgment debtor in civil prison in execution of a decree for the payment of money shall be made where the total amount of the decree does not exceed

A.Five hundred rupees B.One hundred rupees

  1. Two thousand rupees D.Five thousand rupees


Answer: Option C


  50.

The order noting compromise amongst the parties as passed under the provisions of Order XXIII, Rule 3 of the Code of Civil Procedure 1908:

  1. Has to be in writing

  2. Has to be in writing and duly signed by the respective parties

  3. May not be in writing

  4. Has to be in writing but may not be signed


Answer: Option B


Private alienation of property after attachment is

A.Legal B.Irregular C.Void D.Voidable


Answer: Option C


  52.

Which one is not correctly matched?

A.Institution of Suit ⇔ Order IV B.Judgement and Decree ⇔ Order XX C.Issue of Summons ⇔ Order V

D.Issue of Commissions ⇔ Order XXI


Answer: Option D


  53.

Civil Procedure Code: Right to appeal is-

A.Fundamental Right B.Constitutional Right C.Vested Right

D.All of these


Answer: Option C

54.

When an ex parte decree is passed the defendant:

  1. Can file an appeal under Section 96 of the Code of Civil Procedure

  2. Can file an application under Order 9, Rule 13 of the Code of Civil Procedure C.To opt either A or B

D.If an application B above is dismissed can file appeal to dispute the correctness of order passed


Answer: Option B


  55.

An ex parte decree can be set aside on the ground that:

  1. Summons were not duly served

  2. Non-appearance of defendant as copies of documents filed with plaint were not provided to defendant

  3. Defendant refused to receive the summons and thereafter no fresh summons were issued to him

  4. An ex parte decree cannot be set aside under any circumstances


Answer: Option A


  56.

In a non commercial suit when issues both of fact and law arise and the Court is of the opinion that the suit may be disposed of on an issue of law only, the Court can-

  1. Frame issues of law and facts and adjudicate the issues of law as preliminary issues

  2. Frame issues both of fact and law and decide all issues together

  3. Frame issues only on the issues of law and postpone the settlement of other issues

  4. Both A and C


Answer: Option D

57.

Foreign judgment as defined under Section 2(6) of Code of Civil Procedure means:

  1. Judgment given by an Indian Court in respect of foreigners

  2. Judgment given by a Foreign Court

  3. Judgment given by an Indian Court established under any Foreign Act D.None of the above


Answer: Option B


  58.

Under which provision of the Code of Civil Procedure, the parties can be struck out, added or substituted?

  1. Order 1, Rule 1

  2. Order 1, Rule 10

  3. Order 1, Rule 3

  4. Order 1, Rule 9


Answer: Option B


  59.

Which of the following deals with Publication of rules in the Code of Civil Procedure?

  1. Section 140

  2. Section 131

  3. Section 108

  4. Section 100


Answer: Option B


  60.

In case of conflict of jurisdiction of the courts, the incidence of a contract shall be governed by the law of the place where the-

  1. Acceptor resides

  2. Proposer resides

  3. Contract is entered into

  4. Contract is performed


Answer: Option D

Which of the following is a right of civil nature?

A.Right to worship in a temple

B.Right to share in offerings in a temple C.Right to take out procession

D.All of the above


Answer: Option D


  62.

Foreign Rulers, Ambassadors and Envoys, under section 86 of Code of Civil Procedure

  1. Cannot be sued in Indian Courts

  2. Can be sued in Indian Courts without the consent of the Central Government C.Can be sued in Indian Courts only with the written consent of the Central Government

D.Either A or B


Answer: Option C


  63.

In every plaint, under Section 26 of Code of Civil Procedure, facts should be proved by

A.Oral evidence B.Affidavit C.Document

D.None of the above


Answer: Option B


  64.

Miscellaneous proceedings are dealt under which of the following in the Code of Civil Procedure?

  1. Section 140

  2. Section 103

  3. Section 132

  4. Section 141


Answer: Option D


  65.

Under which provision, Decreed amount may be directed for payment in instalments after passing the decree?

  1. Rule 10 of Order 20 of Code of Civil Procedure

  2. Rule 11 of Order 20 of Code of Civil Procedure

  3. Rule 12 of Order 20 of Code of Civil Procedure

  4. Rule 10 of Order 21 of Code of Civil Procedure


Answer: Option B


  66.

An application for residential order shall be made by a victim of domestic violence before a

A.Civil Judge (Senior Division) B.Magistrate of the First Class C.Family Court

D.Mediation Centre established by the High Court


Answer: Option B


  67.

The principle of res judicata is also applicable between co-defendants. Which one of the following is not an essential condition to bind the codefendants?

  1. The Co-defendants must have filed joint written statement

  2. There must be a conflict of interest between the defendants concerned C.It must be necessary to decide this conflict in order to give the plaintiff the relief he claims

D.The question between the defendants must have been finally decided

E.None of these


Answer: Option A


  68.

A document can be received at a later stage

  1. If the genuineness of the document is beyond doubt and is relevant to decide the real question in controversy

  2. If the genuineness of the document is beyond doubt but is not relevant to decide the real question in controversy C.If the genuineness of the document is disputed and is not relevant to the matter in controversy

D.All the above


Answer: Option A


  69.

'Next friend' is

A.A local commissioner

B.A receiver

C.A person defending a suit on behalf of the minor

D.A person filing a suit on behalf of a minor


Answer: Option D


  70.

In case of a decree for the payment of money, the Court can order interest at the rate of

A.6% per annum B.12% per annum C.9% per annum D.15% per annum


Answer: Option A


The Code of Civil Procedure recognises

A.Preliminary decree B.Final decree

C.Partly preliminary and partly final

D.All of the above


Answer: Option D


  72.

In a suit, plaintiff himself wishes to appear as a witness. Without any permission of Court, he may so appear-

  1. At any time before evidence from plain tiffs side is over

  2. At any time before evidence from defendant's side is over

  3. At any time before arguments are heard

  4. Only before any other witness on his behalf has been examined


Answer: Option D


  73.

The assignee of the holder of a life estate sued for declaration of title and injunction, immediately after the death of the life estate-holder. The suit for declaration of title was decreed, but the suit for injection was dismissed after holding that the possession was with the defendants only. Subsequently, the assignee of the life estate filed a suit for possession on the strength of the title. The bar of O. 2, r 2 was raised by the defendant.

  1. The bar under O. 2, r 2 is not applicable to the subsequent suit

  2. In the first suit he plaintiffs could not claim the recovery of possession as they had sought only an injunction, claiming themselves to be in possession

  3. Both A and B

  4. None of these


Answer: Option C


  74.

Which of the following is not a suit of civil nature?

  1. Suit relating to right of worship

  2. Suit relating to taking out of religious procession

  3. Suit against expulsions from caste

  4. Suit for right to hereditary office

Answer: Option C


  75.

Court may make order for the payment of Compensatory costs from any party submitting false, claim or defence:

  1. Upto Rs. 5,000

  2. Upto Rs. 3,000

  3. Upto Rs. 1,000

  4. Any amount without limit


Answer: Option B


  76.

Mark the incorrect statement:

  1. The court must be competent to try the suit at the time of filing of the suit.

Subsequent change in value does not affect the jurisdiction

  1. It is the plaintiff's valuation in the plaint that determines the jurisdiction of the court and not the amount for which ultimately the decree may be passed by the court

  2. If the pecuniary jurisdiction of the court is Rs. 10,000 and the plaintiff files a suit for accounts and finally the court finds on taking the account that Rs. 15,000 are due, the court is not deprived of its jurisdiction to pass a decree for that amount

  3. If the plaintiff undervalues or overvalues the claim for the purpose of choosing the forum, it is not the duty of the court to return it to be filed in the proper court


Answer: Option D


  77.

An ex-parte decree can be set aside on the ground of

  1. Summons not duly served

  2. Being prevented by any sufficient cause from appearance

  3. Non-appearance due to non-availability of documents with the plaint

  4. Both A and B


Answer: Option D


  78.

Where a person entitled to institute a suit or make an application for the execution of a decree is, at the time from which the prescribed period is to be reckoned, a person with disability, he may institute the suit or make the application within the same period after the disability has ceased, as would otherwise have been allowed from the time specified therefore in the third column of the schedule, instead of 'a person with disability', the Act specifies three types of disabilities. Which of the following is not stated in the Act?

A.A minor B.An insane

C.An idiot

D.A visually challenged


Answer: Option D


  79.

Jurisdiction of civil court can be barred

A.Expressly only B.Impliedly only

C.Either expressly or impliedly D.Neither expressly nor impliedly


Answer: Option C


  80.

Voluntary amendment is provided for under

  1. Order 6, R-7, Code of Civil Procedure

  2. Order 6, R-15, Code of Civil Procedure

  3. Order 6, R-17, Code of Civil Procedure

  4. Order 6, R-19, Code of Civil Procedure


Answer: Option C

Foreign court under Section 2(5) of Code of Civil Procedure means

A.A court situated outside India

B.A court situated outside India and not established under the authority of Government of India

C.A court situated in India applying foreign law

D.All the above


Answer: Option B


  82.

The government decided a political question (act of the State) which adversely affected the plaintiff.

Plaintiff challenged the decision in a civil court. Decide whether the civil court had the jurisdiction to try the suit.

A.Yes B.No

C.Government cannot decide a political question

D.None of the above


Answer: Option B


  83.

Which one of the following is a true statement in relation to Section 80 of Civil Procedure Code?

A.A suit without service of notice can be instituted generally, with the leave of the court

B.A suit without service of notice can be instituted in cases of urgent or immediate relief, with the leave of the court

C.In cases of urgent or immediate relief where leave to institute the suit without service of notice has been granted, interim or otherwise ex parte relief can be granted

D.No suit under Section 80 can be instituted without the compliance of the requirement of notice


Answer: Option B


  84.

What is the meaning of restitution? (Section 144 Code of Civil Procedure)-

A.Dispossessing a person in occupation of suit property

  1. Re-adjudication of the claim C.Restoration of suit D.Restoring to a party on the

modification, variation or reversal or decree


Answer: Option D


  85.

Under Order VI Rule 17 of the Code of Civil Procedure, the court can allow to alter or amend the proceedings to

A.Either party B.To plaintiff only

  1. To defendant only

  2. To only one defendant, if there are more than one defendant


Answer: Option A


  86.

Consequences of disobedience or breach of injunction have been provided

  1. Under Order XXXIX, Rule 2A of Code of Civil Procedure

  2. Under Order XXXIX, Rule 2 of Code of Civil Procedure

  3. Under Order XXXIX, Rule 3 of Code of Civil Procedure

  4. Under Order XXXIX, Rule 5 of Code of Civil Procedure


Answer: Option A


  87.

The right to appeal is a creature of statute and an appeal can be presented, only:

  1. By a party in the suit if he is aggrieved by the judgment

  2. By a person who is not a party but who is aggrieved by the judgment if he seeks and gets leave of the court to prefer an appeal against the judgment

C.Either A or B D.None of these


Answer: Option C


  88.

The parties to suit must submit the list of their witnesses within the time prescribed by the court but not later than:

A.15 days after the issues are settled

B.30 days after the issues are settled

C.45 days after the issues are settled

D.90 days after the issues are settled


Answer: Option A


  89.

A decree in a suit against certain members of a sect alleged to be wrongdoers in their individual capacity cannot operate as res judicata in a subsequent suit against the other members of the sect. The wrong complained of in the former suit was that the defendants carried an idol in procession through certain streets and that such processions were in violation of plaintiff's rights.

  1. The suit was against the defendants in their individual capacity, and not as representing the sect to which they belonged

  2. The suit was not as representing the sect to which the defendants belonged C.Both A and B

D.None of these


Answer: Option C


  90.

An attachment made before judgment in a suit which is dismissed for

default-

A.Shall not become revived merely by reason of the facts that order for dismissal of the suit for default has been set aside B.Shall become revived merely on the basis of restoration of suit

C.Shall become revived on the order of Appellate Court

D.Shall become revived on the order of High Court


Answer: Option A


Review of a judgment has been provided

  1. Under section 112 of Code of Civil Procedure

  2. Under section 114 of Code of Civil Procedure

  3. Under section 115 of Code of Civil Procedure

  4. Under section 116 of Code of Civil Procedure


Answer: Option B


  92.

Security for appearance can be required to be furnished by the defendant

  1. Under Order XXXVIII, Rule 1 of Code of Civil Procedure

  2. Under Order XXXVIII, Rule 2 of Code of Civil Procedure

  3. Under Order XXXVIII, Rule 3 of Code of Civil Procedure

  4. Under Order XXXVIII, Rule 4 of Code of Civil Procedure


Answer: Option B


  93.

Existence of two suits, by parties litigating under same title, one

previously instituted which is pending at present and the other filed later, wherein a matter in issue in the subsequently filed suit is directly and substantially in issue in the other and the relief claimed in the subsequent suit can effectively, be passed by the court of previous instance. Which section of Code of Civil Procedure decides the fate of the subsequently filed suit and its proceeding?

  1. Section 9

  2. Section 10

  3. Section 11

  4. Section 12


Answer: Option B


  94.

A garnishee is . . . . . . . .

  1. The Judgment debtor

  2. Judgment debtor's debtor

  3. Judgment debtor's creditor

  4. None of the above


Answer: Option B


  95.

Compensatory costs in respect of false or vexatious claim or defence can be awarded upto

A.Rs. 10,000

B.Rs. 1,000 C.Rs.500 D.Rs. 3,000


Answer: Option D


  96.

Proceedings by which a decree holder seeks to recover money or property of judgment debtor in the hands of third party is known as

A.Interpleader suit B.Mesne profit C.Garnishee order D.Doctrine of Subrogation


Answer: Option C


  97.

During service of summons defendant was found absent from his residence and within reasonable time no chance to get back at his residence, service of the summons may be made on-

A.On servant B.Minor daughter C.Adult son D.Munim


Answer: Option C


  98.

The words 'it appears to the Central Government' which is the consenting authority in section 86 of the Code of Civil Procedure makes it clear that:

  1. The decision granting the consent is open to question by the court

  2. The decision granting the consent is final

C.Either A or B D.None of these


Answer: Option B


  99.

The object of oral examination under Order 10, Rule 2(a)(a) of the Civil Procedure Code is

  1. To settle the issues

  2. To finally dispose of the case

  3. To elucidate matter in controversy in the suit

  4. To record evidence


Answer: Option C


  100.

Under which of the following provisions of the Code of Civil Procedure, the Particulars of set-off

are to be given in the written statements?

  1. Order 5, Rule 30

  2. Order 8, Rule 6

  3. Order 6, Rule 10

  4. Order 10, Rule 22


Answer: Option B

. The decrees or orders made by Small Causes Court are revisable by

  1. The District Court

  2. The High Court

  3. Both A and B

  4. None of the above


Answer: Option C


  2. Does the Civil Court (Trial Court) have the power of restitution on variation of a decree or order in appeal?

A.Trial court of first instance that had passed the decree has the power of restitution

B.A separate civil suit has to be filed for restitution when Section 144(a) of the Code of Civil Procedure, 1908 applies C.Trial Court of first instance that had passed the decree has no power of restitution

D.There is no power of restitution


Answer: Option A


  3. Temporary injunction can be granted

  1. Under Order XXXIX, Rule 1 of Code of Civil Procedure

  2. Under Order XXXIX, Rule 2 of Code of Civil Procedure

  3. Under Order XXXIX, Rule 3 of Code of Civil Procedure

  4. Under Order XXXIX, Rule 4 of Code of Civil Procedure


Answer: Option A


  4. What is res-judicata?

A.A court

B.A tribunal

C.A principle of law D.None of the above

Answer: Option C


  5. The Court may compel the attendance of any person to whom a summons has been issued under section 30 of Code of Civil Procedure and for that purpose may

  1. Issue a warrant for his arrest

  2. Attach and sell his property or impose a fine upon him

  3. Order to him furnish security for his appearance and in default commit him to the civil person

  4. Do all of the above


Answer: Option D


  6.

Properties of a judgment debtor which are not liable to be attached have been mentioned in

  1. Section 60 of Code of Civil Procedure

  2. Section 62 of Code of Civil Procedure

  3. Section 64 of Code of Civil Procedure

  4. Section 66 of Code of Civil Procedure


Answer: Option A


  7. The court instead of examining witnesses in open court direct their statements to be recorded on commission by virtue of

  1. Rule 19 of Order XVIII of Code of Civil Procedure

  2. Rule 4 of Order XVIII of Code of Civil Procedure

  3. Rule 2 of Order XVIII of Code of Civil Procedure

  4. Rule 3A of Order XVIII of Code of Civil Procedure


Answer: Option A


  8.

An order or direction given by the court which passed the decree to a court which would be competent to execute the decree, to attach any property belonging to the judgement debtor, is called:

A.Precept B.Garnishee order C.Interlocutory order

D.Simultaneous execution


Answer: Option A


  9. What does 'Pleading' consist of?

A.Plaint and written statement B.Affidavit

C.Order of Court

D.Decree of Court


Answer: Option A


  10.

Res judicata does not operate

  1. Between co-defendants

  2. Between co-plaintiffs

  3. Against a pro forma defendant

  4. None of these


Answer: Option C


Which of the following is not a sufficient cause for granting adjournment?

A.Sickness of a party, his witness or his counsel

B.Non-examination of a witness present in the court

C.Non-service of summons D.Reasonable time for preparation of a case


Answer: Option C


  12.

Which one of the following is not suit of Civil Nature?

  1. Suits for rights to hereditary offices

  2. Suits for rights of franchise

  3. Suits for recovery of voluntary payments of offerings

  4. Suits relating to right of worship


Answer: Option C


  13.

A court to which decree has been transferred for execution cannot, while executing?

A.Order attachment

B.Execute the decree against the legal representatives of the decreased judgment debtor

C.Send the decree for execution to another court

D.Order execution at the instance of the transferee of the decree


Answer: Option D


  14.

In reference of District Court, which one of the following statements is not correct?

A.It can transfer any suit, appeal or other proceeding pending before it for trial to any Court subordinate to it and competent to try or dispose of the same B.It can withdraw any suit and appeal or other proceeding pending in any Court subordinate to it

C.It can try or dispose of the suit, appeal or other proceeding withdrawn from any Court subordinate to it or it may transfer the same for trial or disposal to some other Court subordinate to it and competent to try or dispose of the same D.It cannot retransfer any suit, appeal or other proceeding to the Court from which it was withdrawn


Answer: Option D


  15.

Match the following and select correct answer:

List I

List II

a. Suits by or against partnership firms

1. Order 32, Code of Civil Procedure

b. Suits by or against minors

2. Order 30, Code of Civil Procedure

c. Suits by indigent persons

3. Order 34, Code of Civil Procedure

d. Mortgage Suits

4. Order 33, Code of Civil Procedure

A.a-2, b-1, c-4, d-3

B.a-1, b-2, c-3, d-4

C.a-2, b-4, c-1, d-3

D.a-1, b-3, c-2, d-4

E.None of these


Answer: Option A


  16.

Modes of execution of a decree have been stated in

  1. Section 48 of Code of Civil Procedure

  2. Section 49 of Code of Civil Procedure

  3. Section 51 of Code of Civil Procedure

  4. Section 52 of Code of Civil Procedure


Answer: Option C


  17.

In order that section 144 of the Code of Civil Procedure, would be applicable, which of the following conditions must be satisfied?

  1. The restitution sought must be in respect of the decree or order which had been varied or reversed

  2. The party applying for restitution must be entitled to a benefit under a reversing decree or order

  3. The relief claimed must be properly consequential on the reversal or variation of the decree or order

  4. All of these


Answer: Option D


Civil Procedure Code: The provisron in respect of summary procedure has been laid down under

  1. Order 32A of Code of Civil Procedure

  2. Order 29 of Code of Civil Procedure

  3. Order 34 of Code of Civil Procedure

  4. Order 37 of Code of Civil Procedure


Answer: Option D


  19.

Under Order XX, Rule 5 of Code of Civil Procedure, the court shall state its finding or decision

  1. Only on the issues of law

  2. Only on the issues of facts

  3. On each separate issue

  4. Only on the issues mixed of law and facts


Answer: Option C


  20.

Decree holder' means any person in whose favour a decree has been passed or an order capable of execution has been made. This definition of the term 'decree holder' is mentioned under:

A.Section-2(2), Code of Civil Procedure B.Section-2(3), Code of Civil Procedure C.Section-2(4), Code of Civil Procedure D.Section-2(d), Code of Civil Procedure


Answer: Option B

. Under which of the following section of the Code of Civil Procedure an ordering transferring a case is not appealable?

  1. Section 22

  2. Section 24

  3. Section 25

  4. None of these


Answer: Option B


  22.

"No appeal shall lie from a decree passed by the court with the consent of parties". It is provided-

  1. Section 96(1) Code of Civil Procedure

  2. Section 96(2) Code of Civil Procedure

  3. Section 96(3) Code of Civil Procedure

  4. Section 96(4) Code of Civil Procedure


Answer: Option C


  23.

A prayer for extension of time beyond the period of 90 days prescribed under Order VIII, Rule 1 of Code of Civil Procedure for filing the written statement is to be

  1. Granted just as a matter of routine

  2. Granted ordinarily

  3. Granted on sufficient cause being shown by the defendant

  4. Granted only for exceptional circumstances occasioned by reasons beyond the control of the defendant


Answer: Option D


  24.

Which of the following deals with grounds of exemption from limitation law in the Code of Civil Procedure?

  1. Order 5, Rule 30

  2. Order 7, Rule 6

  3. Order 6, Rule 10

  4. Order 10, Rule 22

Answer: Option B


  25.

A suit relating to partnership dissolved in a foreign country can be filed at a place

  1. In foreign country

  2. Where the parties to the suit reside in India

  3. Both A and B

  4. All over India


Answer: Option B


  26.

A Suit may be dismissed where, after a summons has been issued to the defendant and returned unserved, plaintiff fails the apply for fresh summons for the period of-

A.Seven days B.Sixty days C.One month

D.Two months when the plaintiff fails to apply for fresh summons from the court


Answer: Option A


  27.

X' residing in Delhi, publishes statements defamatory to 'Y' in Calcutta. 'Y' can sue 'X' at

A.Delhi B.Calcutta

C.Anywhere in India

D.Either in Delhi or in Calcutta


Answer: Option D


  28.

A person is an indigent person within the meaning of Order 33, Rule 1 of Code of Civil Procedure, if he is not possessed of

  1. Sufficient means to pay the fee payable on the plaint

  2. Any means to pay the fee payable on the plaint

  3. Sufficient means for his livelihood D.None of the above


Answer: Option A


  29.

Where a person who is a necessary party to the suit has not been joined as a party to the suit; it is a case of

A.Non-joinder B.Mis-joinder C.Both A and B

D.Neither A nor B


Answer: Option A


  30.

Where any property has been attached in execution of decree and the court, for any reason, passes an order dismissing the execution- application but omits to give any direction as to attachment?

  1. Attachment shall be deemed to have ceased

  2. Attachment shall cease after three months

  3. Attachment shall cease after six months D.Attachment shall cease after one year


Answer: Option A


Under Section 100 Code of Civil Procedure second appeal lies to the High Court from every decree passed in appeal by any subordinate court to High Court if it involves?

  1. Question of law

  2. Question of fact

C.Mixed question of law and fact

D.A Substantial Question of law


Answer: Option D


  32.

Which of the following deals with rejection of plaint in the Code of Civil Procedure?

  1. Order 7, Rule 11

  2. Order 9, Rule 6

  3. Order 6, Rule 10

  4. Order 10, Rule 22


Answer: Option A


  33.

Compensatory costs are imposed A.Under section 35 of Code of Civil Procedure

  1. Under section 35A of Code of Civil Procedure

  2. Under section 35B of Code of Civil Procedure

  3. All the above


Answer: Option B


  34.

The Registrar of a Provincial Small Cause can, when conferred with jurisdiction by the State Government

  1. Try suits of unlimited pecuniary jurisdiction

  2. Try suits upto limited pecuniary jurisdiction

  3. Cannot try any suit

  4. Can also decide criminal cases


Answer: Option B


  35.

The word 'possession or power' used in O. 13, r 1 and r 2 imply:

  1. That the document in question must be in actual physical possession or control of the plaintiff

  2. That the document over which the plain tiff has no control

  3. That the document which can be produced only through intervention of court by calling a witness and asking him to produce a document

  4. None of these


Answer: Option A


  36.

Which section of the Code of Civil Procedure, 1908 is clearly in the nature of a power to issue a writ of certiorari?

  1. Section 11

  2. Section 105

  3. Section 115

  4. Section 122


Answer: Option C


  37.

Where an injunction has been granted without giving notice to the opposite party, the Court shall make an endeavour to finally dispose of the application within days.

A.Fifteen days B.Thirty days C.Sixty days D.Ninety days


Answer: Option B


  38.

Property liable to attachment and sale in execution of decree is mentioned

  1. Under section 59 of Code of Civil Procedure

  2. Under section 60 of Code of Civil Procedure

  3. Under section 61 of Code of Civil Procedure

  4. Under section 62 of Code of Civil Procedure


Answer: Option B


  39.

Which of the following is incorrect

A.Property in the hands of the receiver cannot be attached without the permission of the court appointing him B.Receiver can purchase the property in respect of which he has been appointed as receiver

C.If the receiver fails to account for the gain and loss and loss ensued by his conduct, the loss so occasioned can be made good by attaching and sale of receivers' personal property

D.All the above


Answer: Option B


  40.

Inherent powers of the court are contained in

  1. Section 151 of Code of Civil Procedure

  2. Section 152 of Code of Civil Procedure

  3. Section 153 of Code of Civil Procedure

  4. Section 150 of Code of Civil Procedure


Answer: Option A


An application for review of judgment would lie only when:

  1. The applicant has accepted the judgment

  2. The applicant gives an undertaking to the Court to accept the judgment

  3. An appeal lies against the judgment and has been preferred

  4. An appeal lies against the judgment but has not been preferred


Answer: Option D


  42.

What is maximum time granted to court by Code of Civil Procedure to draw up a decree after pronouncing judgment?

A.15 days

B.30 days

C.45 days

D.60 days


Answer: Option A


  43.

In a suit for recovery of possession by the Government who will sign the plaint?

  1. The Chief Secretary to the Government

  2. The District Collector

  3. The Governor of the State

  4. The Person nominated by the Government


Answer: Option D


  44.

Which of the following is incorrect A.Second appeal lies in a suit cognizable by the courts of small causes, when the subject-matter of original suit does not exceed Rs. 3,000

  1. No second appeal lies in a suit cognizable by courts of small cause when the subject matter of original suit does not exceed Rs. 3,000

  2. In second appeal, the High Court may determine any question which has not been determined or wrongly determined by the courts below

  3. Both A and B


Answer: Option A


  45.

Imposition of costs under section 35B of Code of Civil Procedure is

A.Mandatory B.Directory C.Either A or B D.Neither A nor B


Answer: Option B


  46.

A decree against Government of India or State Government shall not be

executed unless it remains unsatisfied for the period of

  1. One month

  2. Two months

  3. Three months D.Six months


Answer: Option C


  47.

Order XVII, Rule 3 of Code of Civil Procedure applies

  1. When the party fails to produce the evidence

  2. When the party produced the evidence

  3. When the parties or any of them not present

  4. All the above


Answer: Option A


  48.

In a suit under Order XXXVII Code of Civil Procedure, the Court grants the Defendant conditional leave to defend subject to the defendant securing the suit amount by way of Bank Guarantee. The Defendant fails to furnish the Bank Guarantee in the prescribed period. The Court shall

  1. Permit the Defendant to file its written statement

  2. Convert the suit into an ordinary suit

  3. Decree the suit against the Defendant D.Direct the Plaintiff to lead evidence


Answer: Option C


  49.

Which of the deals with enforcement of decree against legal representative in the Code of Civil Procedure?

  1. Section 46

  2. Section 52

  3. Section 45

  4. Section 49

Answer: Option B


  50.

Civil Procedure Code - Which one of the following is correct?

  1. Appellate Court shall have power to determine a case finally

  2. Appellate Court shall not remand a case C.Appellate Court shall not have a power to frame issue and refer them for trial D.Appellate Court shall not have power to take additional evidence


Answer: Option A


  1. A suit without service of notice under section 80 of Code of Civil Procedure can be instituted

A.Generally, with the leave of the court B.In cases where urgent or immediate relief is sought, with the leave of the court C.In case where urgent or immediate relief is sought, without the leave of the court

D.Only A and C


Answer: Option B


  52.

Which of the following deals with revision in the Code of Civil Procedure?

  1. Section 111

  2. Section 115

  3. Section 108

  4. Section 100


Answer: Option B


  53.

Admission in pleading can be: A.Actual, that is, those contained in the pleadings (Order 7, Rule 5) or in answer to interrogatories (O. 11, r 22)

B.Constructive, that is, those which are merely the consequence of the form of pleading adopted (O. 8, rr. 3, 4, 5) C.Either A or B

D.None of these


Answer: Option C


  54.

An application for grant of temporary injunction shall be decided, in cases of grant of ex parte temporary injunction, as provided under Order XXXIX, Rule 3A of Code of Civil Procedure, within

  1. Thirty days

  2. Forty five days C.Sixty days D.Ninety days


Answer: Option A


  55.

From which date Civil Procedure Code, 1908, became operative?

  1. 1st January, 1908

  2. 1st April, 1908

  3. 1st December, 1908

  4. 1st January, 1909


Answer: Option D


  56.

Bar on suit to set aside decree on objection as to place of suing is dealt under which of the following in the Code of Civil Procedure?

  1. Section 18B

  2. Section 20A

  3. Section 21A

  4. Section 25A


Answer: Option C


  57.

Which provision of Code of Civil Procedure defines Mesne profits?

  1. Section 2(11)

  2. Section 2(12)

  3. Section 2(17)

  4. Section 2(14)


Answer: Option B


  58.

The delay in applying for leave to defend

  1. Can be condoned generally

  2. Can be condoned on a sufficient cause being shown

  3. Cannot be condoned under any circumstances

D.Either A or B


Answer: Option B


  59.

When the defendant fails to furnish the security demanded from him, he can be detained in prison for a maximum period of

A.Two weeks B.Six weeks C.Six moths D.Two months


Answer: Option C


  60.

Reference means

A.The orders given by the High Court to the courts subordinate to the High Court B.The opinion sought of the High Court by the courts subordinate thereto on a question of law

C.The opinion sought of the High Court by the Courts subordinate thereto on a question of fact

D.None of the above


Answer: Option B


  1.

An original suit for the value of Rs. 20 lac shall be instituted in the Court of:

A.High Court B.District Judge

C.Civil Judge (Junior Division) D.Civil Judge (Senior Division)


Answer: Option B


  62.

The provision of inter-pleader suit is given in Section

A.88 Code of Civil Procedure

B.89 Code of Civil Procedure

C.90 Code of Civil Procedure

D.91 Code of Civil Procedure


Answer: Option A


  63.

An order of the Court rejecting an application for review, under the Code of Civil Procedure, is . . . . . . . .

A.Appealable B.Not appealable

C.Appealable by opposite party D.Appealable with the permission of the court


Answer: Option B


  64.

Which of the following deals with provisions not applicable to High Court in original civil jurisdiction in the Code of Civil Procedure?

  1. Section 111

  2. Section 103

  3. Section 120

  4. Section 100


Answer: Option C


  65.

According to Section 58 of Code of Civil Procedure no detention in civil

imprisonment can be ordered if the decree is for a payment of amount:

  1. Not exceeding Rs. 500

  2. Not exceeding Rs. 1000

  3. Not exceeding Rs. 1,500

  4. Not exceeding Rs. 2,000

  5. None of these


Answer: Option D


  66.

Which of the following deals with the release on ground of illness in the Code of Civil Procedure?

  1. Section 59

  2. Section 50

  3. Section 60

  4. Section 54


Answer: Option A


Which Section of the Code of Civil Procedure lays down the rule of res sub judice?

  1. Section 15

  2. Section 13

  3. Section 11

  4. Section 10


Answer: Option D


  68.

Order XLII, Rule 1 provides that

  1. The rules of Order XLI shall apply, so far as may be, to appeals from original decrees

  2. The rules of Order XLI shall apply, so far as may be, to appeals from appellate decrees

  3. The rules of Order XLI shall apply, so far as may be, to orders passed in a suit by the trial court

  4. The rules of Order XLI shall apply, so far as may be, to orders in appeal


Answer: Option B

  69.

Which of the following deals with where the subject-matter of the suit is immovable property in the Code of Civil Procedure?

  1. Order 5, Rule 30

  2. Order 9, Rule 12

  3. Order 7, Rule 3

  4. Order 10, Rule 22


Answer: Option C


  70.

Match the following lists:

List I

List II

a. Section 10

1. Inherent Power of the court

b. Section 11

2. Transfer of decree

c. Section 39

3. Res-judicata

d. Section 151

4. Res-subiudice

A.a-4, b-3, c-2, d-1

B.a-1, b-2, c-3, d-4

C.a-2, b-3, c-4, d-1

D.a-3, b-4, c-1, d-2


Answer: Option A


  1. A suit under Order XXXVII of the Code of Civil Procedure, 1908, can be filed on the basis of

A.Hundi only

B.Bill of exchange only C.Promissory note only D.All of the above


Answer: Option D


  72.

Which of the following deals with the power of Court to record admission in the Code of Civil Procedure?

  1. Order 16, Rule 2

  2. Order 12, Rule 3A

  3. Order 6, Rule 10B

  4. Order 13, Rule 22


Answer: Option B


  73.

A 'next friend' or guardian, under Order XXXII, Rule 7 of Code of Civil Procedure

  1. Can enter into an agreement without the leave of the court but cannot compromise a suit

  2. Can neither enter into an agreement nor compromise the suit on behalf of the minor without the leave of the court C.Cannot enter into an agreement without leave of the court but enter into a compromise

D.Can enter into an agreement and also compromise in a suit on behalf of a minor without the leave of the court


Answer: Option B


  74.

If the court refers parties to the suit for settlement of dispute under Section 89 of the Civil Procedure Code, the plaintiff is:

  1. Entitled to refund of Court fee

  2. Entitled to refund of Count fee and interest there on

  3. Not entitled to refund

  4. Entitled to partial refund of court fee


Answer: Option A


  75.

Legal provision for restoring to a party on the modification, variation or reversal of a decree what has been,

lost to him in execution of decree or in direct consequence of decree is

  1. Application under Section 114 Code of Civil Procedure

  2. Application under Section 115 Code of Civil Procedure

  3. Application under Section 144 Code of Civil Procedure

  4. Appeal under Section 96 Code of Civil Procedure


Answer: Option C


  76.

In which of the following are provisions relating to Injunction mentioned?

  1. Section 95 read with Order XXXIX

  2. Section 30 read with Order XI

  3. Section 36 read with Order XXI

  4. Section 51 read with Order XXI


Answer: Option A


  77.

An ex parte decree passed by Court 'A' was transferred to Court 'B' for execution and which execution proceedings are pending in Court 'B'. Court 'A' aside the ex parte decree and on re-hearing, a fresh decree was passed on the same terms.

A.Since the new decree is on the same terms, as the decree which is set aside, the execution proceedings will continue B.Court 'B' can continue to execute the ex parte decree since the order of transfer has not been recalled

C.The Decree Holder can seek amendment to the execution proceedings

D.The execution proceedings in Court 'B' come to an end a fresh execution petition would have to be filed of the new decree


Answer: Option D


  78.

When a suit is dismissed under Order IX, Rule 2 or under Order IX, Rule 3 of Code of Civil Procedure, a fresh suit under Order IX, Rule 4 of Code of Civil Procedure, the same cause of action is

  1. Not barred at all

  2. Barred under all the circumstances

  3. Not barred if within limitation D.Either A or B


Answer: Option C


  79.

Written statement may be filed from the date of summons within

A.30 Days B.Two months

C.One month

D.60 Days


Answer: Option A


  80.

The general power of transferring suits under Section 24 of Code of Civil Procedure lies with

A.High Court and the District Court B.High Court and Supreme Court C.High Court

D.District Court


Answer: Option A


Affidavits to be filed in a Court can be A.Authenticated by a Minister of State B.Cannot be authenticated except by the judge presiding

C.Authenticated by a Judge, a Magistrate or a Notary

D.Authenticated by an advocate


Answer: Option C


  82.

Which provision deals with determination of questions relating to

discharge, satisfaction etc. of the decree?

  1. Section 48 of the Civil Procedure Code

  2. Section 46 of the Civil Procedure Code

  3. Section 47 of the Civil Procedure Code

  4. Section 21 of the Civil Procedure Code


Answer: Option C


  83.

Any party to the suit, for the purposes of the suit only, under Order XII, Rule 4 of Code of Civil Procedure

  1. Can be called upon by the other party to admit facts

  2. Can be called upon by the other party to admit any document

  3. Can be called upon by the other party to produce the documents

  4. Neither A or B or C


Answer: Option A


  84.

The words 'any director' in Order 29, Rule 3 means:

  1. Only the director who has signed and verified the pleading or on whom the summons has been served

  2. Any of the directors who is in the position to answer material questions relating to the suit

C.Either A or B D.None of these


Answer: Option B


  85.

Decision on question of limitation

  1. Operates as res judicata

  2. Does not operate as res judicata

  3. Operates as res judicata, if not erroneous

  4. None of the above


Answer: Option A

86.

Summons to the defendant under Order V, Rule 9(1) of Code of Civil Procedure, can be delivered for the purposes of serving the same on the defendant, to a courier services as

  1. Approved by the defendant

  2. Approved by the court

  3. Approved by the plaintiff D.Either A or B or C


Answer: Option B


  87.

Code of Civil Procedure: The judgment of the First Appellate Court shall be in writing and shall state

  1. The points for determination

  2. The decision thereon

  3. The reasons for the decision

  4. All of these


Answer: Option D


  88.

If suit filed for injunction restrains from interfering with peaceful possession of property and amendment sought at the stage of cross-examination is contradictory with original pleadings, it would nullify advantage already accrued to plaintiff and prayer for amendment of written statement . . . . . . . .

  1. Can be allowed

  2. Cannot be allowed

  3. Can be allowed after cross-examination

  4. Can be allowed before cross- examination


Answer: Option B


  89.

The period of limitation for filing revision petition to the High Court under section 115 of the Code of Civil Procedure is

A.30 days of the judgment/order

B.60 days of the judgment/order

C.90 days of the judgment/order

D.180 days of the judgment/order


Answer: Option C


  90.

Decree-holder is:

  1. Any person in whose favour a decree has been passed

  2. An order capable of execution has been made

C.Either A or B D.None of these


Answer: Option C


Objections to interrogatories under Order XI, Rule 6 of Code of Civil Procedure can be made if it is

A.Scandalous B.Irrelevant C.Not bona fide

D.All of the above


Answer: Option D


  92.

The court under Order XVII, Rule 1(2) of Code of Civil Procedure, while granting adjournment can impose a cost

A.Occasioned by the adjournment B.Higher than the one occasioned by the adjournment

C.Either A or B D.Only A and not B


Answer: Option C


  93.

Where the execution is applied within

. . . . . . . . years of the decree, issuance of notice of the application for execution of a decree, to the judgment debtor, is not necessary.

  1. Two years of the decree

  2. Four years of the decree

  3. Three years of the decree D.Five years of the decree


Answer: Option A


  94.

Which one of the following order is appealable?

  1. Order Under Section 35

  2. Order Under Section 35A

  3. Order Under Section 35B

  4. Order Under Section 90


Answer: Option B


  95.

Subsequent to the filing of written statement under Order VIII, Rule 9 of the Civil Procedure Code 1908, the defendant:

  1. Can file the proceedings by way of defence of set-off or counter-claim without the leave of the court

  2. Can file the proceedings by way of defence of set-off or counter-claim only with the leave of the court

  3. Cannot file the proceedings by way of defence of set-off or counter-claim at all D.Can do as in both A and B


Answer: Option B


  96.

Where a promissory note is payable by installments, and two or more installments have become due, and the holder of the note sues only for one of the installments and omits to sue for the other installments

  1. He can afterwards sue for these installments

  2. He cannot afterwards sue for these installments

C.Either A or B D.None of these

Answer: Option B


  97.

A plaintiff

  1. Cannot unite several causes of action in the same suit

  2. Can unite several causes of action in the same suit against the same defendant C.Unite only some causes of action in a suit

D.Unite only the questions of law in a suit


Answer: Option B


  98.

'Pleading' can be altered or amended A.Under Order VI, Rule 9 of Code of Civil Procedure

  1. Under Order VI, Rule 10 of Code of Civil Procedure

  2. Under Order VI, Rule 16 of Code of Civil Procedure

  3. Under Order VI, Rule 17 of Code of Civil Procedure


Answer: Option D


  99.

Civil Procedure Code: Pleading means-

  1. Plaint or rejoinder

  2. Plaint or written statement

  3. Plaint or written statement or rejoinder

  4. Plaint alone


Answer: Option B


  100.

Awarding future interest is:

A.Mandatory B.Directory C.Discretionary D.None of the above


Answer: Option C

1. If the original suit is dismissed,

  1. The counter claim also may be dismissed

  2. The counter claim will be failed

  3. The counter claim may be decided on merits

  4. None of the above


Answer: Option C


  2. A filed a suit for partition and that ended in a final decree. Then A filed a second suit against the defendant claiming mesne profits in respect of excess lands which had been in his possession for a period prior to the passing of the final decree.

  1. The suit is not barred

  2. The suit is barred C.Either A or B D.None of these


Answer: Option B


  3. Under Order IX, Rule 8 of Code of Civil Procedure, for non-appearance of the plaintiff, a suit cannot be dismissed

  1. If the defendant admitted the whole claim of the plaintiff

  2. If the defendant admits the claim of the plaintiff in part, to the extent of claim admitted

  3. Both A and B

  4. Neither A nor B


Answer: Option C


  4. A compromise decree

  1. Operates as res judicata between parties to the compromise

  2. Does not operate as res judicata

C.A or B depending upon facts and circumstances of each case

D.A or B depending on the discretion of the court


Answer: Option A


  5. Which is maximum limit in Code of Civil Procedure, 1908 to incorporate amendment in plaint?

  1. Seven days

  2. Fourteen days C.Fifteen days D.Thirty days


Answer: Option B


  6. The court will not proceed with an appeal:

  1. When the success of the appeal may lead to the courts coming to a decision which is in conflict with the decision between the appellant and the deceased respondent

  2. When the decree against the surviving respondents, if the appeal succeeds, will be ineffective, that is to say, it cannot be successfully executed

  3. Both A and B

  4. None of these


Answer: Option C


  7. The provision regarding inter-pleader suit has been incorporated in Section:

A.87 B.88 C.89 D.90


Answer: Option B


  8. Section 96 of Civil Procedure Code applies to appeal from

  1. Against injunction order

  2. Original Decree

  3. Restoration order under-order 9 rule 13 D.None of the above


Answer: Option B


  9. Civil Procedure Code: A suit may be instituted by a minor?

  1. In his name

  2. In his name by next friend

  3. Guardian of minor in his own name

  4. Relative of minor in his name


Answer: Option B


  10.

Which of the following section of the Code of Civil Procedure, 1908 defines 'jurisdiction'?

  1. Section 2(9)

  2. Section 9

  3. Section 15

  4. Not defined


Answer: Option D


  11.

Government Pleader includes: A.Any officer appointed by the State Government to perform all

B.Any of the functions expressly imposed by this Code on the Government Pleader C.Any pleader acting under the directions of the Government Pleader

D.All of these


Answer: Option D


  12.

Application for execution of a decree is to be made

  1. To the court which passed the decree

  2. To the district court

  3. To the High Court

  4. None of the above

Answer: Option A


  13.

In execution of a decree for maintenance, salary of the judgment debtor who is a manager in a bank can be attached to the extent of:

A.1/4th B.1/3rd C.2/3rd D.11/2


Answer: Option C


  14.

A suit to set aside a decree on the ground of lack of territorial jurisdiction is barred

  1. Under section 21 of Code of Civil Procedure

  2. Under section 21A of Code of Civil Procedure

  3. Under section 22 of Code of Civil Procedure

  4. Under section 23 of Code of Civil Procedure


Answer: Option B


  15.

In a suit for partition of property and for separate possession of a share therein, the civil court having declared the rights of several parties interested in the property:

  1. Which is assessed to payment of revenue to the Government, must make over the matter for such partition or separation to be made by the Collector.

  2. Which is not so assessed to payment of revenue to the Government, must examine if the partition or separation can be conveniently made and for this, may issue a Commission to make the partition or separation.

  3. If on examination of the report of the Commissioner, the Court finds that the property cannot be divided by metes and bounds, it may put it to sale and divide the proceeds thereof. In the above:

  1. 1, 2 and 3 are correct

  2. Only 1 and 2 are correct

  3. Only 2 and 3 are correct

D.1 and 3 are correct and 2 is incorrect


Answer: Option A


  16.

Section 89 of the Code of Civil Procedure, 1908 provides that the court shall attempt settlement of disputes:

  1. In all cases

  2. In cases where both parties specifically plead for settlement

  3. In cases where at least one of the parties pleads for settlement

  4. In case where the Court is satisfied that there is a possibility of arriving at a settlement that may be acceptable to both parties


Answer: Option D


  17.

Which of the following deals with the execution of decree in the Code of Civil Procedure?

  1. Section 90

  2. Section 88

  3. Section 92

  4. Section 82


Answer: Option D


  18.

In which of the following cases res- judicata is not applicable

A.Consent/compromise decree B.Dismissal in default

C.Both A and B

D.None of the above


Answer: Option C


  19.

Extra-judicial confession is weak if it is made especially:

  1. Before a person with whom the accused had no previous contact

  2. Before a person whom the accused already knows

  3. Before a person who is a co-accused

  4. None of these


Answer: Option C


  20.

A decree may be executed under Civil Procedure Code by:

A.Collector B.Sub-Collector C.Tehsildar

D.The Court which passed the decree


Answer: Option D


Whether an order of temporary prohibitory injunction granted under Order 39, Rule 1 of the Code of Civil Procedure would automatically revive with the restitution of suit which was dismissed for default?

A.No

B.Yes

C.At the discretion of the Court D.None


Answer: Option A


  22.

In every case the examination in Chief Shall be:

A.On affidavit B.Orally

C.By typing in this court

D.As court thinks fit

Answer: Option A


  23.

Omission to give notice, under Order 21, Rule 22 of Code of Civil Procedure, of the execution is a defect which renders the execution:

A.Null and void B.Irregular C.Voidable D.Valid


Answer: Option A


  24.

Judgment and decree have been dealt in Code of Civil Procedure

  1. Under Order XX

  2. Under Order XXI

  3. Under Order XX-A

  4. Under Order XIX


Answer: Option A


  25.

Execution of decree for specific performance for restitution of conjugal rights or for an injunction is provided under Civil Procedure Code, 1908, under

  1. Order 21, Rule 30

  2. Order 21, Rule 31

  3. Order 21, Rule 32

  4. Order 21, Rule 34


Answer: Option C


  26.

Set-off is a

  1. Reciprocal agreement between the plaintiff and defendant

  2. Reciprocal ascertainment of debts between the parties

  3. Both A and B

  4. Neither A nor B


Answer: Option B

  27.

A reference under section 113 of Code of Civil Procedure can be made to the

A.Court of District Judge B.High Court

C.Supreme Court

D.All the above


Answer: Option B


  28.

X is living in Pune and Y, his brother in Mumbai. X wants to file a suit for partition of their joint property situated in Delhi and Bangalore.

  1. The suit may be instituted in Delhi only

  2. The suit may be instituted in Bangalore only

  3. The suit may be instituted either in Delhi or Bangalore

  4. None of the above


Answer: Option C


  29.

Which maxim denote the purpose of "res judicata":

  1. Interest rupublicae ut sit finis litum

  2. Nemo debet lis vexari pro una et eadem causa

  3. Resjudicata pro veritate occipiture D.All of the above


Answer: Option D


  30.

Which of the following deals with exemption of other persons in the Code of Civil Procedure?

  1. Section 139

  2. Section 137

  3. Section 133

  4. Section 140


Answer: Option C

31.

Where the plaintiff fails to pay the court fee or postal charges for service of summons of the suit, on the defendant, the suit can be dismissed under

  1. Order IX, Rule 1 of Code of Civil Procedure

  2. Order IX, Rule 2 of Code of Civil Procedure

  3. Order IX, Rule 3 of Code of Civil Procedure

  4. Order IX, Rule 8 of Code of Civil Procedure


Answer: Option B


  32.

In an appeal under Section 100, what should be precisely stated in the memorandum of appeal?

A.Substantial question of law B.Arguable point of law

C.Points for determination

D.All of these


Answer: Option A


  33.

Against a decree passed in a suit after recording a compromise an appeal on the ground that the compromise should not have been recorded, can be filed under:

  1. Section 151 Code of Civil Procedure

  2. Order XXIII, Code of Civil Procedure

  3. Order XLIII, Rule 1A Code of Civil Procedure

  4. None of the above


Answer: Option C


  34.

Section 25 of the Code of Civil Procedure provides for which of the following?

  1. Power of the Supreme Court to transfer suits

  2. Power of the High Courts to transfer suits

  3. Power of District Courts to transfer suits

  4. Power of Commissioner to transfer suits


Answer: Option A


  35.

Which of the following deals with application for review of judgment in the Code of Civil Procedure?

  1. Order 25, Rule 5

  2. Order 47, Rule 1

  3. Order 22, Rule 18

  4. Order 16, Rule 10


Answer: Option B


  36.

Which one of the following propositions with regard to an inter- pleader suit is incorrect?

  1. Defendants claim adversely to one another

  2. Plaintiff claims no interest in the subject matter in dispute other than for charges or costs

  3. Real dispute must be between the plaintiff and only one of the defendants D.Plaintiff must be ready to deliver the property to the rightful claimant


Answer: Option C


  37.

A, alleging that he is the proprietor of a village, sues B, C and D for ejectment. The defence is that A is not the proprietor and that part of the village belongs to B, C and D, and the rest to X, Y and Z. The court finds that A is not the proprietor, and A's suit is dismissed. A then sues, X, Y and Z and also B, C and D for declaration that he

is the proprietor of the village and for possession.

  1. The question of A's title to the village is res judicata so as to bar the suit against B, C and D, who were parties to the former suit, but it is not res judicata so as to bar the suit against X, Y and Z who were not parties to the former suit

  2. It cannot be said that B, C and D litigated in the former suit in respect of a private right claimed in common for them and X, Y and Z. They set up only their own right to a part of the property and as to the rest they alleged that it belonged to X, Y and Z

  3. Both A and B

  4. None of these


Answer: Option C


  38.

For the purpose of amendment of pleadings under Order VI Rule 17 Code of Civil Procedure, the commencement of trial takes place

  1. When the issues are framed

  2. When the affidavits in evidence are filed

  3. When the affidavits in evidence are tendered by the witness

  4. Once cross-examination begins


Answer: Option A


  39.

Which of the following can be contemplated as written contracts under Order XXXVII of Code of Civil Procedure

A.Bills/invoices

  1. Acknowledgment or a signed statement of account

  2. Both A and B

  3. Neither A nor B


Answer: Option C


  40.

Where a plaintiff fails to present the required copy/copies of the plaint alongwith the requisite fee within the prescribed period under Order VII, Rule 9 of Code of Civil Procedure from the date of the order of serving of summons on the defendant, the plaint is liable to be

A.Rejected

B.Dismissed for non-prosecution C.Dismissed in default

D.Neither A nor B nor C


Answer: Option A


To constitute a matter of res judicata which of the following conditions must concur?

  1. The matter directly and substantially in issue in the subsequent suit or issue must be the same matter which was directly and substantially in issue either actually (section 11, explanation III) or constructively (section 11, explanation IV) in the former suit

  2. The former suit must have been a suit between the same parties under whom they or any of them claim. Explanation VI of Section 11 must be read with this condition

  3. The parties as aforesaid must have litigated under the same title in the former suit

  4. The court which decided the former suit must have been a court competent to try the subsequent suit of the suit in which such issue has been subsequently raised. Explanation II of section 11 is to be read with condition

  5. The matter directly and substantially in issue in the subsequent suit must have been heard and finally decided by the court in the first suit. Explanation V of

section 11 is to be read with this condition

A.1, 2

B.3, 4

C.2, 4, 5

D.All of these


Answer: Option D


  42.

Code of Civil Procedure- The principal of Res Judicata can be invoked

  1. Only in separate proceeding

  2. Also in subsequent stage of the same proceeding

  3. Depends upon some things

  4. None of the above


Answer: Option B


  43.

Imprisonment in execution of a decree can be

A.Rigorous imprisonment B.Simple imprisonment C.Civil imprisonment

D.Either A or B or C as per the discretion of the court


Answer: Option C


  44.

A civil court cannot issue commission in the following case-

  1. For examining a person

  2. For examining accounts

  3. To execute partition

  4. To execute a decree


Answer: Option D


  45.

Sweeping change introduced by Civil Procedure Code (Amendment) Act, 2002 is with the object to

A.Give more power to Civil Courts B.Reduce the power of Civil Courts

C.Cut short delay in disposal of suit

D.Make provisions stringent


Answer: Option C


  46.

Which order of the Code of Civil Procedure provides detailed rules regarding 'judgment and decree':

  1. Order 19

  2. Order 20

  3. Order 21

  4. Order 22


Answer: Option B


  47.

A' deposits a box of jewels with 'B' as his agent. 'C' alleges that the jewels were wrongfully obtained by 'A' from him and claims them from 'B'. Here 'B'

  1. Can institute inter-pleader suit against 'A'

  2. Can institute Inter-pleader suit against 'C'

  3. Can institute Inter-pleader suit against 'A' and 'C' both

  4. Cannot institute an Inter-pleader suit against 'A' and 'C'


Answer: Option D


  48.

A judgement contains-

  1. Concise statement of the case

  2. The decision on the point of determination and the reason thereof C.The point for determination

D.All the above


Answer: Option D


  49.

The court has issued a commission for recording of evidence in a suit by appointing a Local Commissioner. The counsel for the plaintiff raises

objections to certain questions put by the counsel for the defendant to the witnesses of the plaintiff in cross- examination. The Commissioner:

  1. Is necessarily required to stall further recording of evidence and to refer the said objections to the court for decision thereof

  2. Is empowered to decide the said objections and proceed with the recording of evidence

  3. Is empowered to decide the said objections only if there is no bar in the order of the Court issuing the commission to the Commissioner deciding the said objections

  4. Is required to record the said objections and ask the witness to answer the question so objected to without prejudice to the plaintiffs right to have the said objection decided from the Court at the time of final arguments in the suit


Answer: Option D


  50.

Where in a suit the defendant is absent from his residence and there is no likelihood of his being found at the residence within a reasonable time, service of the summons may be made on:

A.Servant B.Minor son C.Adult daughter D.Munim


Answer: Option C


On the marriage of a female who is a party to the suit, under Order XXII, Rule 7 of Code of Civil Procedure

  1. The proceedings shall abate

  2. The proceedings shall not abate

  3. It is the discretion of the court to continue or not to continue with the proceedings

D.Either A or C


Answer: Option B


  52.

For which of the following purpose a commission is not issued?

  1. To make local investigation

  2. To examine a person

  3. To order a party to appear in the Court and answer the claim

  4. To make a partition


Answer: Option C


  53.

A garnishee order is an order: A.Prohibiting the judgment debtor's debtor from making any payment to the judgment debtor

B.Directing the decree holder to take the payment from the judgment debtor's debtor

C.Both A and B above

D.None of the above


Answer: Option C


  54.

Where it appears to the court that there exist element of a settlement the court shall

  1. Decide the matter itself

  2. Refer the same for arbitration, conciliation or mediation C.Leave the matter undecided

D.None of the above


Answer: Option B


  55.

Which of the following deals with reference to Code of Civil Procedure and other repealed enactments in the Code of Civil Procedure?

  1. Section 145

  2. Section 158

  3. Section 148

  4. Section 15


Answer: Option B


  56.

Under the Code of Civil Procedure, 1908 an appeal may be filed by way of a/an

A.Application B.Memorandum C.Notice D.Petition


Answer: Option B


  57.

Name of a party in a suit can be struck of

  1. Under Order I, Rule 10 of Code of Civil Procedure

  2. Under Order I, Rule 10A of Code of Civil Procedure

  3. Under Order I, Rule 8 of Code of Civil Procedure

  4. Under Order I, Rule 8A of Code of Civil Procedure


Answer: Option A


  58.

Subject to the pecuniary or other limitations prescribed by any law Suits for recovery of possession of immovable property must be instituted in the court

A.Within whose jurisdiction both the parties reside

B.Within whose jurisdiction the defendant resides

C.Within whose jurisdiction the plaintiff resides

D.Within whose local limits of jurisdiction the property is situated


Answer: Option D

59.

The 'Plaint' under Code of Civil Procedure shall not contain:

  1. The name of the court in which the suit is brought

  2. Name, description and residence of plaintiff and defendant

  3. Cause of action, jurisdiction and claim

  4. Name of the judge in which the suit is instituted


Answer: Option D


  60.

A leave to defend may be

A.Refused

B.Granted unconditionally

C.Granted conditionally D.Either A or B or C


Answer: Option D


  1. Which is the correct essential conditions for applicability of the rule of sub judice?

  1. The matter in issue in the subsequent suit must be directly and substantially in issue in the previous suit

  2. The parties must be litigating under the same title in both the suits

  3. Both A and B

  4. Neither A nor B


Answer: Option C


  62.

Where the person summoned cannot, by the exercise of due diligence, be found, the summons may be served

  1. By affixing the same on the notice board of the Municipal Council of Gram- Panchayat as the case may be

  2. By leaving one of the duplicates of the same for him with some adult male member of his family residing with him, and the person with whom the summons

is so left shall, if so required by the summoning officer, sign a receipt therefore on the back of the other duplicate

  1. By affixing the same on the conspicuous place of his house

  2. By serving the same on the servant of the person summoned and obtain from him the acknowledgement thereof on the back of the duplicate


Answer: Option C


  63.

A sues B to recover one of two properties left by C, on the ground that he and not B is his heir.

Thereafter, he applies to amend his plaint for including the second property left out in the plaint as originally field. B opposes the application for amendment which is disallowed by the court. A suit by A against B to recover the second property as heir of C would be barred under rule 2:

A.On the ground that A is to be taken to have omitted to sue for it in the first suit B.He made an attempt to include it in that suit which was foiled by the opposition of B

C.Both A and B

D.None of these


Answer: Option C


  64.

Which of the following deals with the effect of discontinuance of suit in the Code of Civil Procedure?

  1. Order 5, Rule 30

  2. Order 8, Rule 6D

  3. Order 6, Rule 10

  4. Order 10, Rule 22


Answer: Option B

65.

Under section 10 of Code of Civil Procedure, a suit is liable to be

A.Stayed B.Dismissed C.Rejected D.Either A or B or C


Answer: Option A


  66.

Order XXXIX, Rule 4 of Code of Civil Procedure provides for

A.Discharge of the order of injunction B.Setting aside of the order of injunction C.Variation in the order of injunction D.All the above


Answer: Option D


  67.

Remedy of revision is not available

  1. In order from which an appeal lies

  2. In interlocutory order

  3. Both A and B

  4. Neither A nor B


Answer: Option C


  68.

Delay in putting in the appearance in a suit under Order XXXVII

  1. Cannot be condoned

  2. Can be condoned as a matter of right

  3. Can be condoned on sufficient cause being shown

D.Either A or B


Answer: Option C


  69.

Which provision of Code of Civil Procedure, 1908 debars a tenant from filing inter-pleader suit against his landlord?

  1. Section 88

  2. Section 90

  3. Order XXXV Rule 3

  4. Order XXXV Rule 4

  5. None of the above


Answer: Option E


  70.

In which of the following cases, an interpleader suit will lie

A.P is in possession of a jewel box, wherein he claims no interest to himself, and is ready and willing to hand over to the rightful owner. The box is claimed by A and B. P wants to file an interpleader suit against A and B

B.A deposits a box of jewels with B as his agent. C alleges that the jewels were wrongfully obtained from him b A, and claims them from B. B wants to file an interpleader suit against A and C

C.A deposits a box of jewels with B as his agent. He then writes to C for the purpose of making the jewels as a security for debt due for himself to C. A afterwards alleges that C's Debt is satisfied and C alleges the contrary. Both claim the jewels from B. B wants to file an interpleader suit against A and C

D.Both A and C


Answer: Option D


  . Under Civil Procedure Code, the number of days for which a caveat remains operative after its filing:

A.15 days

B.30 days

C.60 days

D.90 days


Answer: Option D


  72.

Where a mortgagee obtains a decree for payment of money in satisfaction of claim arising under the mortgage:

  1. He is entitled to bring the mortgaged property to sale without instituting a suit for sale in enforcement of the mortgage under Order XXXIV and Rule 14 of the Civil Procedure Code 1908

  2. He is entitled to bring the mortgaged property to sale only by instituting a suit for sale in enforcement of the mortgage under Order XXXIV and Rule 14 of the Civil Procedure Code 1908

  3. He is entitled to bring the mortgaged property to sale in execution proceedings D.He is entitled as in A or C


Answer: Option B


  73.

A fresh suit on same cause of action is not barred when:

  1. The plaint in the earlier suit has been rejected under Order VII Rule 11 of the Code of Civil Procedure

  2. The earlier suit has been dismissed owing to failure to take steps for service of the defendant

  3. The earlier suit has been dismissed owing to neither party appearing when the suit is called for hearing

  4. All of the above


Answer: Option D


  74.

Which of the following properties of a judgment debtor are liable to be attached:

  1. Personal ornaments of religious usage of a woman

  2. Tools of artisan and cattle and seed grain

  3. Books of accounts

  4. Shares in a corporation and government securities


Answer: Option D


  75.

The difference of procedure between cl. 36 of the Letters Patent of the High Court of Calcutta, Madras and Bombay and s. 98 of the Code of Civil Procedures is:

  1. While the reference on the point of difference is obligatory under cl. 36 it is optional under s. 98

  2. While a reference under cl. 36 may be on a question of fact and law, it can be on a question of law only under s. 98 C.Either A or B

D.None of these


Answer: Option C


  76.

A defendant can pray to the court for rejection of a plaint

  1. If the stamp writing is not clear

  2. If it is barred by another enactment of the Parliament

  3. If the plaint is made in a foreign language

  4. None of the above


Answer: Option B


  77.

The principle of constructive res- judicata was explained by the Hon'ble Supreme Court in the case of

  1. Daryao v. State of Uttar Pradesh

  2. State of Uttar Pradesh v. Nawab Hussain

  3. Both A and B above

  4. None of the above


Answer: Option B


  78.

That a petition dismissed under Article 226 would operate as res judicata so as to bar a similar petition in the Supreme Court under Article 32 of the Constitution was held in the case of;

  1. Daryao v. State of Uttar Pradesh

  2. Arjun Singh v. State of Madhya Pradesh

  3. Sudhir Chandra v. State of West Bengal

  4. None of the above


Answer: Option A


  79.

Under the Code of Civil Procedure where a person who is necessary party to a suit has not been joined as a party, it is a case of

A.Misjoinder B.Non-joinder C.Both A and B

D.None of these


Answer: Option B


  80.

Under Order V Rule 9(3) of the Civil Procedure Code, 1908 the expenses for the service of summons to the defendant have to be born by

  1. The plaintiff

  2. The defendant

  3. The court

  4. Partly by plaintiff and partly by defendant


Answer: Option A


  . Amendment of pleadings is allowed under Code of Civil Procedure, 1908 for the purpose of

  1. Saving the time of the court

  2. Saving the time of the parties C.Determining the real question involved in the controversy

D.None of the above


Answer: Option C


  82.

Lodging of caveat under Section 148-A of Code of Civil Procedure

  1. Entitles the caveat or to receive notice of the application

  2. Makes the caveat or a party to the suit

  3. Both A and B

  4. None of the above


Answer: Option A


  83.

An application for restoration of the suit under Order IX, Rule 4 of Code of Civil Procedure or under Order

A.15 days of dismissal

B.30 days of dismissal

C.60 days of dismissal

D.90 days of dismissal


Answer: Option B


  84.

Under Section 114, a person can apply for review of judgment when:

  1. He is aggrieved by a decree/order from which an appeal is allowed, but no appeal is allowed

  2. He is aggrieved by a decree/order from which no appeal is allowed

  3. He is aggrieved by a decision on a reference from a court of small causes D.All of the above


Answer: Option D


  85.

Procedure in case of death of one of several plaintiffs or of the sole plaintiff has been provided

  1. Under Order XXII, Rule 2 of Code of Civil Procedure

  2. Under Order XXII, Rule 3 of Code of Civil Procedure

  3. Under Order XXII, Rule 4 of Code of Civil Procedure

  4. Under Order XXII, Rule 6 of Code of Civil Procedure


Answer: Option A


  86.

When a party is called upon by notice to admit facts by the other party, under Order XII, Rule 4 of Code of Civil Procedure, the party on whom the notice has been served has to admit the facts within

A.15 days of the service of notice

B.9 days of the service of notice

C.7 days of the service of notice

D.6 days of the service of notice


Answer: Option B


  87.

Order 7 Rule 1 of Civil Procedure Code, 1908 is related to

A.Pleadings's meaning B.Written statement

C.Particulars to be contained to plaint D.None of the above


Answer: Option C


  88.

Which of the following deals with fixing day for appea-rance of defendant in the Code of Civil Procedure?

  1. Order 5, Rule 6

  2. Order 2, Rule 2

  3. Order 6, Rule 10

  4. Order 4, Rule 8


Answer: Option A


  89.

In which of the following Explanation V of section 11 of the Code of Civil Procedure does not apply?

  1. If the relief claimed is substantial relief

  2. If the relief claimed is obligatory on the court to grant

  3. Both A and B

  4. None of these


Answer: Option C

90.

In which of the following cases the Supreme Court in India held that a foreign judgment is recognized in India on considerations of justice, equity and good conscience

  1. Daryao v. State of Uttar Pradesh, AIR 1961 SC 1457

  2. Mathura Prasad v. Doseibai, AIR 1971 SC 2355

  3. Satya v. Teja Singh, AIR 1975 SC 105 D.Kiran Singh v. Chaman Pasuian, AIR 1954 SC 340


Answer: Option C


A decree becomes final

  1. When it conclusively determines the rights of the parties

  2. When no appeal has been preferred against the decree

  3. Both A and B

  4. Neither A nor B


Answer: Option C


  92.

Which of the following deals with judgment when pronounced in the Code of Civil Procedure?

  1. Order 12, Rule 5

  2. Order 20, Rule 1

  3. Order 19, Rule 21

  4. Order 11, Rule 7


Answer: Option B


  93.

Time prescribed for filing which of the followings cannot be extended or condoned by applying provisions of Section 5 of the Limitation Act?

  1. Revision under Section 115, Code of Civil Procedure

  2. Application for execution under Order XXI, Code of Civil Procedure

  3. Appeal under Sections 96, 100 and 104 Code of Civil Procedure

  4. Application for substitution under Order XXII Code of Civil Procedure


Answer: Option B


  94.

A foreign judgment, not covered by any of the exceptions, under Section 13 of Code of Civil Procedure, shall be

. . . . . . . . as to any matter thereby directly adjudicated upon between the same parties

A.Persuasive B.Wholly irrelevant C.Conclusive D.Advisory


Answer: Option C


  95.

After dismissal of suit under Order 9, Rule 8 of Code of Civil Procedure, a fresh suit on the same cause of action, under Order 9, Rule 9 of Code of Civil Procedure

  1. Is barred

  2. Is not barred under any circumstances

  3. Is not barred subject to law of limitation

  4. None of the above


Answer: Option A


  96.

A decree of restitution of conjugal rights, in India, can be executed by:

  1. Attachment of the property of the respondent

  2. Arrest of the respondent C.Attachment of property and arrest of the respondent both

D.Either attachment of property or by arrest of the respondent


Answer: Option A

97.

Section 35 B of the Code of Civil Procedure, 1908 deals with

  1. Costs of causing delay

  2. Cost of the suit C.Interest

D.Compensatory costs in respect of false or vexatious claims or defenses


Answer: Option D Solution:

Section 35 B of the Code of Civil Procedure, 1908 deals with Compensatory costs in respect of false or vexatious claims or defenses. This section empowers the court to impose costs on parties who bring false or vexatious claims or defenses, essentially penalizing them for wasting the court's time and resources.

These costs are meant to compensate the other party for the unnecessary litigation expenses incurred due to baseless claims or defenses.


Option A, "Costs of causing delay," is not the specific focus of Section 35 B, although costs can be imposed for causing delay in the course of the proceedings.


Option B, "Cost of the suit," is a broader term that includes various costs associated with the lawsuit, but Section 35 B specifically addresses compensatory costs for false or vexatious claims or defenses.


Option C, "Interest," is a separate aspect of civil suits and is not covered by Section 35 B.


Therefore, the correct answer

is Compensatory costs in respect of false or vexatious claims or defenses.

  98.

Civil Procedure Code (Amendment) Act 2002, was enforced from

  1. 1st April, 2002

  2. 1st June, 2002

  3. 1st July, 2002

  4. 6th June, 2002


Answer: Option C


  99.

Which of the following decisions is not a decree?

A.Order of abatement suit B.Dismissal of appeal as time barred

C.Rejection of plaint for non-payment of court fee

D.Order refusing to set aside sale


Answer: Option D


  100.

Which of the following deals with language of subordinate Courts in the Code of Civil Procedure?

  1. Section 139

  2. Section 133

  3. Section 132

  4. Section 137


Answer: Option D

A second appeal under Section 100 of the Code of Civil Procedure, 1908 lies to the High Court . . . . . . . .

  1. On the point of law

  2. On mixed question of law and fact

  3. On disputed questions of fact

  4. On substantial question of law


Answer: Option D


  2. Which of the following statements is true?

A.A suit for recovery of immovable property shall be instituted in the court in whose jurisdiction the property is situated

B.A suit for partition of immovable property shall be instituted in the court in whose jurisdiction the defendant resides or works for gain

C.Both A and B

D.Neither A nor B


Answer: Option A


  3. In a suit, which relates to a railway, the authority to be named as plaintiff or defendant shall be:

A.The general manager of the railway

B.A secretary to the central government C.The collector of the district

D.The union of India


Answer: Option A


  4. According to Section 21 of the Code of Civil Procedure when can an objection as to the place of the suing be taken?

  1. Any time

  2. Can be taken at appellate or revision stage for the first time

  3. Before the Court of first instance at the earliest possible opportunity

  4. None of the above

Answer: Option C


  5. Which of the following properties are liable to attachment and sale in execution of a decree under Section

60 of the Civil Procedure Code? A.Bank Notes, Cheques and Bill of Exchange

  1. Cooking vessels, Beds and Wearing apparels

  2. Books of Accounts

  3. Stipends and Gratuity


Answer: Option A


  6. Which of the following deals with deposit by defendant of amount in satisfaction of claim in the Code of Civil Procedure?

  1. Order 12, Rule 4

  2. Order 24, Rule 1

  3. Order 19, Rule 6

  4. Order 17, Rule 10


Answer: Option B


  7. But where a genuine and bona fide request is made for adjournment instead of restoring to forfeiture of

the right to cross examine, the court may grant time by levying costs. In which of the following cases it was so upheld?

  1. Mayadevi Kukreja v. Meera Agarwal

  2. Manohar Singh v. D S Sharma C.Duryodhan v. Sitaram D.None of these


Answer: Option B


  8. Where a summons to the defendant(s) is returned unserved, under Order IX,

Rule 5 of Code of Civil Procedure, the plaintiff has to apply for issuance of fresh summons to the defendant(s) within

A.14 days of the return

B.7 days of the return C.One month of the return

D.15 days of the return


Answer: Option B


  9. A person can act as a 'next friend' if he is:

A.Major B.Sound mind

  1. Not having any interest adverse to that of a minor or lunatic residing in India D.Fulfilling all the above three requirements


Answer: Option D


  10.

Suits relating to immovable property may be filed in a court within whose local jurisdiction the

A.Defendant carries on business B.Defendant resides

C.Property is situated

D.None of the above


Answer: Option C


Where certain properties have been ordered to be partitioned by a decree in an earlier suit, but possession has not yet been delivered and is not argued that the earlier decree had become unenforceable:

A.A fresh suit can be brought for partition of those properties on the ground that the earlier decree has not been enforced

B.A fresh suit cannot be brought for partition of those properties on the ground that the earlier decree has not been enforced

C.Either A or B D.None of these


Answer: Option B


  12.

Which one of the following is a newly added ground for rejection of a plaint under Order 7 Rule 11 of Code of Civil Procedure?

A.Non-disclosure of cause of action B.Under valuation of relief claimed

C.Barred by any law

D.Plaint not filed in duplicate


Answer: Option D


  13.

Who of the following is exempted from personal appearance before court?

A.Ministers of Union B.Ministers of State C.Judges of High Court

D.All of these


Answer: Option D


  14.

When the plaintiff fails to pay the court-fee or postal charges for service of summons on the defendant(s) or fails to present copies of the plaint, the suit is liable to be

A.Rejected under Order VII, Rule 11 of Code of Civil Procedure

B.Dismissed for non-prosecution under Order IX, Rule 2 of Code of Civil Procedure C.Either A or B

D.Only B and not A


Answer: Option C


  15.

The Court, at the first hearing of the suit

  1. Can only frame issues

  2. May permit cross examination of either party by the other

  3. To elucidate the matters in controversy in the suit, may examine either of the parties

  4. None of these


Answer: Option C


  16.

"A woman cannot be arrested or detained in civil prison in execution of a money decree". Is this a correct statement

  1. Yes, there is a general rule that a woman cannot be arrested or detained in a civil prison in execution of a money decree

  2. No, this general rule is not applicable where the woman is a graduate

  3. No, this general rule is not applicable if the money decree passed is jointly and severally against both her and her husband

D.A woman can be arrested if the money decree is passed after contest


Answer: Option A


  17.

The application for execution of decree may be transferred from one court to another court:

  1. If the party feels that there is a possibility of delay in justice on the part of court

  2. If the defendant lives or does business in the jurisdiction of that court where the application for execution of decree have to transfer

  3. If the plaintiff has gone from the jurisdiction of the court which has passed the decree

  4. Not included in these


Answer: Option B

18.

Under Order IX, Code of Civil Procedure where a suit is wholly or partly dismissed under Rule 8,

  1. The Plaintiff shall be precluded from bringing a fresh suit in respect of the same cause of action

  2. Plaintiff may apply for an order to set the dismissal aside

  3. Plaintiff may bring a fresh suit in respect of the same cause of action

D.Either A or B


Answer: Option D


  19.

Which of the following deals with the exemption from arrest and personal appearance in the Code of Civil Procedure?

  1. Section 90

  2. Section 88

  3. Section 81

  4. Section 82


Answer: Option C


  20.

Where on the date fixed for hearing of a suit, neither of the party appears, the dismissal of the suit shall be

  1. Under Order IX, Rule 1 of Code of Civil Procedure

  2. Under Order IX, Rule 2 of Code of Civil Procedure

  3. Under Order IX, Rule 3 of Code of Civil Procedure

  4. Under Order IX, Rule 8 of Code of Civil Procedure


Answer: Option C


Time limit for filing written statement is 30 days which may be extended up to 90 days shall be counted from.

  1. Date of filing of the suit

  2. Date of first hearing fixed by the court

  3. Date of service of summon on the defendant

  4. None of the above


Answer: Option C


  22.

Which among the following is not an essential requirement for application of the Principle of Res-judicata as per Section 11 of the Code of Civil Procedure, 1908?

A.Contesting parties ought to be same B.The subject matter ought to be same

C.Cause of action ought to be same

D.The former suit must have been decided


Answer: Option C


  23.

A Court of Small Causes, under the Provincial Small Cause Courts Act

  1. Cannot take cognizance of suits specified in second schedule

  2. Can take cognizance of all suits of Civil nature

  3. Can entertain criminal complaints

  4. Can decide matrimonial cases also


Answer: Option B


  24.

Under section 100 of Code of Civil Procedure, second appeal lies to

  1. The court of the District Judge

  2. The High Court

  3. The Supreme Court D.Either A or B or C


Answer: Option B


  25.

A person arrested and detained in civil imprisonment in execution of a decree can be released

  1. On payment of the outstanding amount

  2. On the ground of illness of self

  3. On the ground of illness of a member of his family

  4. Only A or B not C


Answer: Option D


  26.

If in any case in which the defendant sets up counter-claim, the suit of the plaintiff is stayed, discontinued or dismissed the counter claim-

  1. Shall be stayed

  2. Nevertheless be proceeded with

  3. May be continued with the leave of High Court

  4. No specific provision


Answer: Option B


  27.

Which one of the following is not required in filing a representative suit under Order 1 Rule 8 of the Code of Civil Procedure?

  1. Numerous parties

  2. Same interest

  3. Leave of the court

  4. Written permission of those who are being represented


Answer: Option D


  28.

In which section of the Code of Civil Procedure are the inherent powers of court mentioned?

  1. Section 148

  2. Section 151

  3. Section 95

  4. Section 114


Answer: Option B


  29.

If a party who has obtained an order for leave to amend pleading does not amend the same within how many

days, he shall not be permitted to do without leave of Court?

A.Fifteen days B.Fourteen days

C.Twenty days

D.Thirty days


Answer: Option B


  30.

Order 29 of Civil Procedure Code is related to

  1. Suits by Government

  2. Suits by Pauper

  3. Suits by or against corporation

  4. None of the above


Answer: Option C

  31.

In which condition the officer in charge of the prison may refuse to produce the prisoner for evidence despite Court's order?

  1. Where the prisoner is related to Ruling Party

  2. Where the prisoner is Ex-minister

  3. Where the prisoner is Government Servant

  4. Where the Medical Officer has certified that prisoner is unfit to be removed by the reason of sickness


Answer: Option D


  32.

Under Civil Procedure Code issues in a suit are framed in respect of:

A.Questions of law B.Questions of facts

C.Mixed questions of fact and law D.All of the above


Answer: Option D


  33.

Restitution under section 144 of Code of Civil Procedure can be

  1. Against a party to the suit

  2. Against sureties

  3. Both A and B

  4. Neither A nor B


Answer: Option A


  34.

X' leases 'Y' a property for 10 years from 2000-2010 where the rent is payable on the 10th of every month. 'Y' does not pay any rent from the inception of the lease. 'X' sues in 2011 for the arrears of rent from 2005-2010 only.

  1. X' can thereafter file a fresh suit for the arrears of rent for the period from 2000 to 2004

  2. X' can amend the plaint to include the recovery of rent from 2000-2004

  3. X's' claim for arrears of rent would be restricted for the period of 3 year prior to the institution of the sui

  4. X' having not claimed rent from 2000- 2004, is barred from claiming rent for subsequent period


Answer: Option C


  35.

Clerical or arithmetical mistakes in judgements, decrees or orders etc. can be corrected

  1. Under Section 151 of Code of Civil Procedure

  2. Under Section 152 of Code of Civil Procedure

  3. Under Section 153 of Code of Civil Procedure

  4. Under Section 153A of Code of Civil Procedure


Answer: Option B


  36.

Principle of res-judicata is

A.Mandatory

B.Directory C.Discretionary D.None of the above


Answer: Option A


  37.

Largest order of Code of Civil Procedure is:

  1. Order 19

  2. Order 21

  3. Order 41

  4. Order 45


Answer: Option B


  38.

In which of the following suits attachment before judgment can be ordered

  1. Suit for possession of immovable property

  2. Suit for partition of immovable property

  3. Suit for determination of right or interest in immovable property D.Suit for compensation for wrong to immovable property


Answer: Option D


  39.

Which of the following deals with enlargement of time in the Code of Civil Procedure?

  1. Section 145

  2. Section 103

  3. Section 152

  4. Section 148


Answer: Option D


  40.

Transfer of a decree for execution to another court has been dealt with

  1. Under section 37 of Code of Civil Procedure

  2. Under section 38 of Code of Civil Procedure

  3. Under section 39 of Code of Civil Procedure

  4. Under section 40 of Code of Civil Procedure


Answer: Option C


  1. Clerical or arithmetical mistakes in judgments, decrees or orders from

any accidental slip may be corrected by the Court under which section of Code of Civil Procedure

  1. Section 151

  2. Section 152

  3. Section 153

  4. Section 144


Answer: Option B


  42.

A person can be made a party in the suit either as a plaintiff or a defendant

  1. Under Order I, Rule 8A of Code of Civil Procedure

  2. Under Order I, Rule 10 of Code of Civil Procedure

  3. Under Order X, Rule 1 of Code of Civil Procedure

  4. Under Order X, Rule 8 of Code of Civil Procedure


Answer: Option B


  43.

The Court may at any stage of the proceedings allow either party to alter or amend his pleadings under which of the following of the Code of Civil Procedure?

  1. Order VI Rule 14

  2. Order VI Rule 15

  3. Order VI Rule 16

  4. Order VI Rule 17

Answer: Option D


  44.

In which of the following cases the Supreme Court of India held the 1999 and 2002 amendments to the Civil Procedure Code 1908 valid:

  1. Salem Advocate Bar Association, Tamil Nadu v. Union of India

  2. Delhi High Court Bar Association v. Union of India

  3. Allahabad High Court Bar Association v. Union of India

  4. Punjab and Haryana High Court Bar Association v. Union of India


Answer: Option A


  45.

A decree may be executed under Section 38 of Code of Civil Procedure by which of the following Courts?

A.High Court B.District Court

C.Either by the Court which passed it or by the Court to which it is sent for execution D.All of the above


Answer: Option C


  46.

Which of the following is not a ground for the court to order separate trials under Order 2 Rule 6 Code of Civil Procedure:

A.Delay in the trial B.Embarrassment of the trial C.Inconvenience

D.None of the above


Answer: Option D


  47.

The rule of res sub-judice implies: A.Where the same subject-matter is pending in a court of law for adjudication between the same parties, the other court

is barred to entertain the case so long as the first suit goes on

  1. Where the same subject-matter is pending in a court of law for adjudication between the different parties, the other court is barred to entertain the case so long as the first suit goes on

  2. Where the different subject-matter is pending in a court of law for adjudication between the same parties, the other court is barred to entertain the case so long as the first suit goes on

  3. None of the above


Answer: Option A


  48.

The Code of Civil Procedure A.Exempts Ministers of States from personal appearance in Court B.Does not exempt any person from personal appearance in Court C.Exempts advocates from personal appearance in Courts

D.Exempts Municipal Commissioners from personal appearance in Courts


Answer: Option A


  49.

Which of the following Sections of the Code of Civil Procedure, define 'order'?

  1. Section 2(2)

  2. Section 2(9)

  3. Section 2(14)

  4. Section 2(10)


Answer: Option C


  50.

Under which Section of Code of Civil Procedure provisions relating to "Principle of Res Judicata" has been provided?

  1. Section 11

  2. Section 10

  3. Section 12

  4. Section 13


Answer: Option A


Which of the following deals with presidency Small Cause Courts in the Code of Civil Procedure?

  1. Order 28, Rule 4

  2. Order 51, Rule 1

  3. Order 22, Rule 6

  4. Order 16, Rule 10


Answer: Option B


  52.

Where a defendant, who has been ordered to appear in person, fails to appear, under Order IX, Rule 12 of Code of Civil Procedure

  1. The defence of the defendant is liable to be struck off

  2. The defendant is liable to be proceeded ex-parte

C.Either A or B D.Neither A nor B


Answer: Option B


  53.

Which Section of the Code of Civil Procedure declares that the court shall presume, upon the production of any document purporting to be a certified copy of a foreign judgment, that such judgment was pronounced by a court of competent jurisdiction, unless the contrary appears on the record, or is proved?

  1. Section 13

  2. Section 14

  3. Section 19

  4. Section 20


Answer: Option B


  54.

Where a suit is dismissed under Rule 8 of Order 9 of the Civil Procedure Code in respect of same cause of action, the plaintiff

  1. Shall be precluded from bringing a fresh suit

  2. May bring a fresh suit subject to the law of limitation

  3. May not apply to set aside the dismissal order

  4. May bring a fresh suit


Answer: Option A


  55.

Auction purchaser shall pay full of purchase money:

A.Within 7 days

B.Within 15 days

C.Within 21 days

D.Within 30 days


Answer: Option B


  56.

Who pay the subsistence allowance in case of arrest of judgement debtor for execution of a decree?

A.Decree holder B.Judgement Debtor C.Court

D.State Government


Answer: Option A


  57.

Where a party wishes to appear as a witness, as a general rule

  1. The party shall appear as a witness after all other witnesses are examined

  2. The party shall appear first before any witness on his behalf has been examined C.The party has the discretion to appear either before or after examination of other witnesses

D.As directed by the court

Answer: Option B


  58.

The word 'prescribed' used in section 107 of the Code of Civil Procedure means:

  1. The rules contained First Schedule

  2. The rules under section 122 and section 125 of the Code of Civil Procedure

  3. Both A and B

  4. None of these


Answer: Option C


  59.

The 'plaint' should be filed in 'duplicate', this rule was inserted by:

  1. Code of Civil Procedure (Amendment) Act, 1976

  2. Code of Civil Procedure (Amendment) Act, 1999

  3. Code of Civil Procedure (Amendment) Act, 2002

  4. None of the above


Answer: Option B


  60.

Where a suit is withdrawn by the plaintiff under Order XXIII, Rule 1 of the Code of Civil Procedure

  1. Neither of the defendants therein can apply to be transposed as plaintiff

  2. Any of the defendants thereto can apply to be transposed as a plaintiff as a matter of right

  3. Any of the defendants thereto can apply to be transposed as plaintiff only if satisfies the court, that the conditions under Order 1, Rule 10 Code of Civil Procedure and further that the said defendant has a substantial question to be decided against any of the other defendants

  4. Any of the defendant thereto can apply to be transposed to plaintiff under Order 1, Rule 10 of the Code of Civil Procedure

Answer: Option C


A warrant of arrest before judgment against a defendant can be issued under Order XXXVIII, Rule 1 of Code of Civil Procedure

  1. If the defendant has absconded or left the local limits of the jurisdiction of the court

  2. If the defendant is about to abscond or leave the local limits of jurisdiction of the court

  3. If the defendant removes the property outside the local limits of the jurisdiction of the court

  4. All the above


Answer: Option D


  62.

As per the Civil Procedure Code as applicable to Delhi, a suit for specific performance of a contract of sale of immovable property can be filed:

A.Only in the Court within whose jurisdiction the property is situated B.Either in the Court where the immovable property is situated or also in the Court where the defendant resides C.Besides the Courts mentioned in (B) above, also in the Court within those jurisdiction the contract was entered into D.Only in the High Court of Delhi


Answer: Option B


  63.

Which of the following deals with withdrawal of suit or abandonment of part of claim in the Code of Civil Procedure?

  1. Order 23, Rule 1

  2. Order 10, Rule 9

  3. Order 19, Rule 6

  4. Order 17, Rule 10

Answer: Option A


  64.

Under Code of Civil Procedure, 1908 which one of the following is not exempted from personal appearance in the court?

A.Ministers of Union Government B.Ministers of State Government C.Vice-President of India

D.Vice-Chancellor of University


Answer: Option D


  65.

Which of the following property is not liable to be attached and sold in the execution of a decree;

A.Money B.Hundis C.Electricity

D.None of the above


Answer: Option C


  66.

What is incorrect about a temporary injunction:

  1. It finally settles the mutual rights of the parties and directs a party for all time to do or abstain from doing a thing

  2. Can be granted ex parte C.Preserves the property in dispute in status quo till the disposal of suit D.Continues unless a specific time


Answer: Option A


  67.

In which of the following explanations to section 11 of Civil Procedure Code constructive res judicata is provided?

A.Explanation III B.Explanation IV C.Explanation V D.None of these

Answer: Option B


  68.

The words 'acted in the exercise of its jurisdiction illegally or with material irregularity' used in section 115 of the Code of Civil Procedure refers:

  1. Only to an error of jurisdiction

  2. Its application only cases of the kind contemplated by cll. (a) and (b) of this section

  3. Both A and B

  4. None of these


Answer: Option C


  69.

In which of the following cases the Supreme Court has upheld the validity of Section 51 of Code of Civil Procedure?

  1. Xavier v. Bank of Canara

  2. The Visaka case

  3. Indian Gramophone Co. v. Birendra Bahadur Pandey

  4. Jolly George Verghese v. Bank of Cochin


Answer: Option D


  70.

"It is a statement of claim, a document by presentation of which the suit is instituted". It is called as

A.Affidavit B.Written-statement C.Counter-claim D.Plaint


Answer: Option D


Under order 43 of Civil Procedure Code, against which order an appeal shall not lie-

  1. An order to set aside or refusing to set aside a sale

  2. An order rejecting an application for permission to sue as an indigent person C.An order on an objection to the draft of a document

D.When the subordinate court has exercised its jurisdiction illegally or with material irregularity


Answer: Option D


  72.

Which of the following deals with penalty for default in the Code of Civil Procedure?

  1. Section 18

  2. Section 32

  3. Section 22

  4. Section 25


Answer: Option B


  73.

What is maximum period to pronounce judgment under Order 20 Rule 1 Code of Civil Procedure by a Court after completion of hearing?

A.Thirty days B.Sixty days C.Fifteen days

D.No maximum period of prescribed


Answer: Option B


  74.

The original documents to be produced at or before the settlement of issues under which of the following in the Code of Civil Procedure?

  1. Order 13, Rule 1

  2. Order 4, Rule 13

  3. Order 6, Rule 10

  4. Order 9, Rule 22


Answer: Option A


  75.

Which of the following deals with conduct of suit in the Code of Civil Procedure?

  1. Order 1, Rule 11

  2. Order 12, Rule 2

  3. Order 3, Rule 6

  4. Order 14, Rule 8


Answer: Option A


  76.

The doctrine of res judicata is based on maxims:

  1. Nemo debt bis vexari pro una et eadem causa (Non man should be vexed twice for the same cause)

  2. Interest republicae ut sit finis litium (It is in the interest of state that there should be an end to a litigation)

  3. Res judicata pro veritate occipitur (a judicial decision must be accepted as correct)

  4. All of the above


Answer: Option D


  77.

A money decree may be executed by A.Attachment and sale of any property of the judgment debtor

B.Arrest and detention in prison of the judgment debtor for indefinite period C.Both A and B

D.Neither A nor B


Answer: Option A


  78.

A applies to be appointed guardian of the person of X, The application is opposed by B who claims that he has been appointed guardian by the will X's father. Meanwhile, B dies. B's representative is not entitled to continue the proceedings. A's claim based on a personal trust does not survive the claimant's representative.

It is different, however, where the claim is not based on a personal trust.

  1. The legal representative of the deceased is entitled to continue the proceeding

  2. The legal representative of the deceased is entitled to contend that the applicant is not a proper person to be appointed guardian

  3. Both A and B

  4. None of these


Answer: Option C


  79.

Which of the following deals with the liability of ancestral property in the Code of Civil Procedure?

  1. Section 46

  2. Section 50

  3. Section 53

  4. Section 49


Answer: Option C


  80.

Under Order VIII, Rule 1A of Code of Civil Procedure, if a document is not filed alongwith the pleadings, at the hearing of the suit, such document shall not without the leave of the court, be allowed to be received in evidence

  1. On behalf of the plaintiff

  2. On behalf of the defendant

  3. On behalf of either plaintiff or defendant

  4. On behalf of a third party


Answer: Option B


The commission to make local investigation can be issued for the purposes of

  1. Collecting evidence on a fact

  2. Elucidating any matter in dispute

  3. Ascertaining the amount of mesne

profit

  1. Ascertaining the market value of the property

Which of the above are correct?

  1. 1, 2 and 3

  2. 2, 3 and 4

C.1, 2, 3 and 4

D.1 and 2


Answer: Option B


  82.

Summary procedure in relation to suits has been provided

  1. Under Order XXXV of Code of Civil Procedure

  2. Under Order XXXVII of Code of Civil Procedure

  3. Under Order XXXVIII of Code of Civil Procedure

  4. Under Order XLIV of Code of Civil Procedure


Answer: Option B


  83.

Whether the pendency of a suit in a foreign court will preclude the courts in India from trying a suit founded on the same cause of action?

A.Yes B.No

C.It will depend on the nature of the suit D.Finding will be said on valuation of the suit


Answer: Option B


  84.

Under section 96, an appeal can be preferred against a decree

  1. By parties to the suit

  2. By strangers/third parties generally

  3. By the strangers to the suit with the leave of the court

  4. All the above

Answer: Option A


  85.

Temporary injunction may be granted:

  1. To restrain any election

  2. To restrain dispossession from property

  3. To restrain any intended disciplinary action against public servant

  4. In all the above circumstances


Answer: Option B


  86.

For determination of an objection under section 9 of Code of Civil Procedure as to the exclusion of jurisdiction of Civil Court, the Court is to primarily see the averments made in:

  1. Plaint only

  2. Plaint and written statement only

  3. Plaint, written statement and replication only

D.Averment made in application for return of plaint

E.None of these


Answer: Option A


  87.

A decree for permanent injunction restraining the defendant from interfering with the possession of the Plaintiff, finding the possession of the Plaintiff to be settled, would operate as res judicata in a suit for partition filed by the Defendant for the same property.

A.Yes B.No

C.A and B depending on facts and circumstances of each case

D.A and B depending on the discretion of Court


Answer: Option B

88.

Which of the following statement is incorrect?

A.Temporary injunctions may be granted only at the time of institution of suit B.Temporary injunctions may be granted at any stage of suit

C.Temporary injunctions are regulated by the Code of Civil Procedure 1908 D.Temporary injunctions are form of preventive relief


Answer: Option A


  89.

Which of the following is correct statement in so far as section 20 of the Code of Civil Procedure, 1908, is concerned?

A.The suit has to be instituted in the court of the lowest grade competent to try it B.The suit has to be instituted in the court within the local limits of whose jurisdiction the defendant actually and voluntarily resides or carries on business or personally works for gain

C.The suit has to be instituted in the court within the local limits of whose jurisdiction, the cause of action wholly or in part arises

D.All the above are correct


Answer: Option D


  90.

Aggrieved person may not apply for a review of an order or judgement of a Civil Court, on one of the following grounds:

A.A decree or order from which an appeal is allowed but from which no appeal has been preferred

B.A decree or order is passed in the absence of aggrieved person

C.A decree or order from which no appeal is allowed

D.A decision on a reference from a court of small cause


Answer: Option B


Supreme Court recently (Add case) held that a plaint can be rejected when it does not disclose clear right to sue, under order

  1. Order 7 Rule 11

  2. Order 2 Rule 2 of Code of Civil Procedure

  3. Order 7 Rule 13 of Code of Civil Procedure

  4. Order 7 Rule 10 of Code of Civil Procedure


Answer: Option A


  92.

Under which provisions of Civil Procedure Code temporary injunctions are granted?

  1. Under Section 116

  2. Under Section 152

  3. Under Order 39 Rule 1

  4. Under Order 29 Rule 1


Answer: Option C


  93.

No second appeal shall lie under Section 102 Code of Civil Procedure from any decree, when the subject matter of original suit is for recovery of money not exceeding:

  1. Rs. three thousand

  2. Rs. five thousand

  3. Rs. twenty thousand

  4. Rs. twenty five thousand


Answer: Option D


  94.

Under which Order of Civil Procedure Code Provision relating to

"Appointment of Receivers" has been provided?

  1. Order XL, Rule 1

  2. Order XXI, Rule 1

  3. Order XI, Rule 1

  4. Order XX, Rule 1


Answer: Option A


  95.

The expression 'former suit' in the context of rule of res judicata means a suit which has been

A.Instituted prior to the suit in question B.Decided prior to the suit in question

C.Both A and B

D.Neither A nor B


Answer: Option B


  96.

On receipt of an application for execution of a decree, if the requirement of Order XXI Rules 11 to 14 have not been complied with the defects are not remedied then

  1. The Court shall reject the application for execution

  2. Allow process of the application for execution

C.A or B depends upon facts and circumstances of each case D.None of these


Answer: Option A


  97.

The word "is not possessed of sufficient means" in Order 33, Rule 1 refer:

  1. To dower debt due by the petitioner's husband

  2. To property over which petitioner has actual control

  3. To sufficient property and excludes sole means livelihoods

  4. None of these

Answer: Option D


  98.

Where the local limits of jurisdiction of Courts are uncertain, the place of institution of suit shall be decided according to the provisions of

  1. Section 16 of Code of Civil Procedure

  2. Section 17 of Code of Civil Procedure

  3. Section 18 of Code of Civil Procedure

  4. Section 19 of Code of Civil Procedure


Answer: Option C


  99.

A lets a house to B at yearly rent of Rs. 12,000/-. The rent for the whole of the years 2015, 2016 and 2017 is due and unpaid. A sues B in 2018 only for the rent due for the year 2016. Whether A can after wards sue for the rent due for the year of 2015 and 2017?

A.Yes B.No

C.If he shows good cause

D.None of the above


Answer: Option B


  100.

Which one of the following is not essential condition for application of Res Judicata?

  1. Previous suit was finally heard and decided by the Court of Competent Jurisdiction

  2. Previous suit must be pending before a Court

  3. Parties in previous and the subsequent suits must be the same

  4. Subject matter of previous and the subsequent suits must be the same


Answer: Option B

1. Whether necessary wearing apparel are liable for attachment in execution of a decree?

A.Yes B.No

C.Discretion of court D.None of the above


Answer: Option B


  2. The expenses of a witness for whom the summons have to be obtained, is to be, under Order XVI, Rule 2 of Code of Civil Procedure, borne

  1. By the plaintiff

  2. By the defendant

  3. By the party applying for the summons

  4. By the court


Answer: Option C


  3. A succeeds to B's estate by inheritance, and assigns a portion thereof, to C, D. is in possession of the estate, and disputes A's right to succession to it.

A.A and C may under rule 1 jointly sue D for recovery of possession of the portions of the estate to which they are entitled, as their claims in respect thereof, are based on a common ground

  1. It does not matter that A claims by right of inheritance and C under an assignment from A

  2. Both A and B

  3. None of these


Answer: Option C


  4. A suit relating to partnership may be instituted at a place

  1. Where the partnership was constituted

  2. Where the partnership business was carried on

  3. Where partnership accounts are maintained

  4. All the above


Answer: Option D


  5. Under Order 39, Rule 2A of Code of Civil Procedure, what order may the Court pass against the party who is guilty of breach of injunction?

A.Attachment of property of the guilty B.Payment of compensation C.Decreeing the suit against the guilty D.Payment of cost


Answer: Option A


  6. Which of the following deals with when aliens may sue in the Code of Civil Procedure?

  1. Section 83

  2. Section 88

  3. Section 92

  4. Section 82


Answer: Option A


  7. Where the plaintiff fails to pay the court-fee or postal charges or to present the copies of the plaint, for service of summons to the defendant, but the defendant appears in person, the suit of the plaintiff is liable to be

A.Rejected under Order VII, Rule 11 of Code of Civil Procedure

B.Dismissed for non-prosecution under Order lX, Rule 2 of Code of Civil Procedure C.Dismissed in default under Order IX, Rule 3 of Code of Civil Procedure

D.Either A or B or C


Answer: Option A


  8. List of witness, after settlement of issues, must be filed within

A.15 days

B.30 days

C.45 days

D.60 days


Answer: Option A


  9. Under Order XX, Rule 6A of Code of Civil Procedure, decree is to be drawn up in any case within . . . . . . . . from the date of pronouncement of judgment:

A.10 days

B.20 days

C.30 days

D.15 day


Answer: Option D


  10.

Under proviso to sub-rule (1) of Order 17 of Code of Civil Procedure, the maximum adjournments can be granted, are

A.Five B.Four C.Three D.Two


Answer: Option C


Which of the following pairs is not correctly matched under Code of Civil Procedure?

  1. Section 2(5) Foreign Court

  2. Section 2(6) Foreign judgement

  3. Section 2(11) Legal representative

  4. Section 2(10) Mense profit


Answer: Option D


  12.

Where a judgment-debtor has been committed to the civil prison, he may be released therefrom:

A.By the State Government on the ground of the existence of any infectious disease B.By the committing Court or any Court to which that Court is subordinate on ground of serious illness

C.By the State Government on the ground of the existence of any contagious disease D.All the above


Answer: Option D


  13.

X sues A and B on a promissory note executed by A, B is A's nephew, and he is joined as a defendant on the ground that A and B are member of a joint Hindu family, and that the note was for a debt binding on the family. None of the defendant appears at the hearing and an ex parte decree is passed against both the defendants. The decree against A proceeds on the ground that the note was passed by him and against B on the ground that the debt was incurred for a family purpose. B applies for an order to set aside the decree, alleging that the summons was not served upon him and that the debt in respect of which the note was passed by A was not incurred for a family purpose. It is not disputed that the amount was actually advanced to A.

  1. The decree against Amust be set aside

  2. The decree against B must be set aside

  3. Both A and B

  4. None of these


Answer: Option B


  14.

Commission to make local investigation can be issued

  1. Under Order XXVI, Rule 1, Code of Civil Procedure

  2. Under Order XXVI, Rule 6, Code of Civil Procedure

  3. Under Order XXVI, Rule 9, Code of Civil Procedure

  4. Under Order XXVI, Rule 10, Code of Civil Procedure


Answer: Option C


  15.

Injunction to restrain repetition or continuance of breach is provided

  1. Under Order XXXIX, Rule 1 of Code of Civil Procedure

  2. Under Order XXXIX, Rule 2 of Code of Civil Procedure

  3. Under Order XXXIX, Rule 3 of Code of Civil Procedure

  4. Under Order XXXIX, Rule 5 of Code of Civil Procedure


Answer: Option B


  16.

Rule 6 of Order 12 of the Code of Civil Procedure provides:

A.Notice to admit documents B.Judgement on admissions C.Production of documents D.Admission of documents


Answer: Option B


  17.

Grounds for setting aside interrogatories contained in Order XI, Rule 7 of Code of Civil Procedure are

A.Prolix B.Oppressive C.Unnecessary D.All the above


Answer: Option D


  18.

Which of the following are the essential requirements of a debt?

  1. An ascertainable or readily calculable amount

  2. An absolute unqualified and present liability in regard to that amount with the obligation to pay forthwith or in future within time

  3. That the obligation must have accrued and must be subsisting and should not be that which are accruing

  4. All of these


Answer: Option D


  19.

Petitions to the Supreme Court under Article 32 are subject to the rule of Res judicata except

  1. Quo Warranto

  2. Habeas Corpus C.Certiorari D.Prohibition


Answer: Option B


  20.

How many grounds of attack the foreign judgment have been provided under section 13 of Code of Civil Procedure

A.Seven B.Six C.Five D.Four


Answer: Option B


The provisions of Res Judicata also apply to the execution proceedings of a decree:

A.True B.False

  1. Res judicata only applies to the suit

  2. Not apply if objection raised by JDR


Answer: Option A


  22.

Which of the following statements is incorrect?

A.A representative suit may be instituted by one or more persons for the benefit of all interested persons with the permission of the court

B.Notice of the institution of a representative suit must be given by public advertisement at the plaintiff's expense to all interested persons whereby reason of their number, personal service is not reasonably practicable

C.Any person for whose benefit a representative suit has been instituted may apply to join as a party thereto D.The person(s) who instituted the suit or person(s) who joined as party have

unrestricted right to compromise with the defendant


Answer: Option D


  23.

Which of the following decision is not a decree within the meaning of Section 2(2) of Code of Civil Procedure?

A.Dismissal of an application for final decree

  1. Award of tribunal in land acquisition case

  2. An order of abatement

  3. Order modifying a scheme under Section 92


Answer: Option B


  24.

The words 'just and convenient' in O. 40, r 1 means:

  1. That the court is to appoint a receiver simply because the court thinks it convenient

  2. That the court should appoint a receiver for the protection of rights

  3. That the court should appoint a receiver for the prevention of injury according to legal principles

  4. Both B and C


Answer: Option D


  25.

Private alienation of property by the judgment debtor after attachment under section 64(1) of Code of Civil Procedure is

A.Valid B.Voidable C.Void D.Irregular


Answer: Option C


  26.

Pleading can be amended

  1. Before the trial court

  2. Before the first appellate court

  3. Before the second appellate court

  4. All the above


Answer: Option D


  27.

In a summary suit presented under Order 37 Civil Procedure Code it is necessary for the defendant to appear before the court within how many days of the service of the summon of appearance

A.10 days

B.15 days

C.30 days D.Two month


Answer: Option A


  28.

Under Order 23, Rule 3 of Code of Civil Procedure, on the basis of a compromise:

A.A decree has to be drawn only in respect of the subject matter that relates to the suit

B.A decree has to be drawn for the entire compromise so long as it embraces part of the subject matter of the suit and part outside it

C.A decree has to be drawn where the compromise does not embrace the subject matter of the suit at all D.None of the above


Answer: Option A


  29.

Which of the following deals with appearances, etc., may be in person, by recognized agent or by pleader in the Code of Civil Procedure?

  1. Order 8, Rule 1

  2. Order 2, Rule 2

  3. Order 3, Rule 1

  4. Order 4, Rule 8


Answer: Option C


  30.

Which of the following deals with objections as to misjoinder in the Code of Civil Procedure?

  1. Order 1, Rule 1

  2. Order 2, Rule 7

  3. Order 3, Rule 3

  4. Order 4, Rule 8


Answer: Option B


By Order XLIX, Rule 2

  1. Rules in force at the commencement of Code of Civil Procedure for the taking of evidence or the recording of judgments and orders by chartered High Courts are saved

  2. Chartered High Courts are established C.Supremacy of Chartered High Courts is stated

D.Provisions of the Code so far as not inconsistent with Rules framed by Chartered High Courts are made applicable to the procedure of Chartered High Courts


Answer: Option A


  32.

In the case of a public nuisance a suit under Section 91 of the Code of Civil Procedure for a declaration and injunction may be instituted by

A.A person aggrieved

B.A person to whom special damage has been caused by reason of such public nuisance

C.With the leave of the court of two or more persons, even though no special damage has been caused to such persons D.Two or more persons to whom special damage has been caused by reason of such public nuisance


Answer: Option C


  33.

Which of the following "Orders and Rules" of the Code of Civil Procedure provide for "Framing of issues"

  1. Order XIII Rule 1

  2. Order XIV Rule 1

  3. Order XIV Rule 2

  4. Order XIV Rule 5


Answer: Option B


  34.

Match List-I with List-II and select the correct answer:


b. Mesne profit

2. Person allowed to file suit or appeal without court fee


c. Indigent

3. Adjustment of defendant's claim with the plaintiffs claim


d. Subsistence allowance

4. Gains from property by a person having wrongful possession

A.a-4, b-3, c-1, d-2

B.a-3, b-4, c-2, d-1

C.a-2, b-1, c-4, d-3

D.a-3, b-1, c-2, d-4


Answer: Option B


  35.

Section which deals with the transfer of decree in the Code of Civil Procedure?

  1. Section 43

  2. Section 33

  3. Section 39

  4. Section 62


Answer: Option C


  36.

A suit instituted in India for enforcing a foreign judgment is to be filed within how many years:

A.Within one year from the date of the judgment

B.Within five years from the date of the judgment

C.Within two years from the date of the judgment

D.Within three years from the date of the judgment


Answer: Option D

37.

When a Court can reject a plaint?

  1. Where plaintiff fails to comply with Rule 9

  2. Where suit is barred by law

  3. Where plaint is not in duplicate

  4. All of the above


Answer: Option D


  38.

Which provision of the Code of Civil Procedure deals with right to lodge a caveat?

  1. Section 148 of the Civil Procedure Code

  2. Section 148A of the Civil Procedure Code

  3. Section 147 of the Civil Procedure Code

  4. Section 146 of the Civil Procedure Code


Answer: Option B


  39.

While determining 'sufficient means' of a person

A.Property exempt from attachment in execution of a decree is to be excluded B.Property exempt from attachment in execution of a decree is not to be excluded

C.Property exempt from attachment in execution of a decree may or may not be excluded

D.None of the above


Answer: Option A


  40.

If sufficient cause is shown by the parties for adjourn the hearing of the case the court shall not adjourn the case more than:

A.Once B.Twice C.Thrice D.Four time

Answer: Option C


  41.

In which of the following cases it was held that "inherent power has not been conferred on a court, it is a power inherent in the court . . . . . . .

."?

A.Manoharlal v. Seth Hiralal B.Cotton Corporation India v. United Industrial Bank

C.Satyabrat Biswas v. Kalyan Kumar Kishku D.Rajani Bai v. Kamla Devi


Answer: Option A


  42.

Where the plaint is not filed in duplicate, the plaint may be:

  1. Returned by the Court

  2. Rejected by the Court C.Dismissed by the Court D.Admitted by the Court


Answer: Option B


  43.

Judgement under Section 2(9) of the Code of Civil Procedure, 1908 means

A.A decree

B.Dismissal of appeal summarily C.Statement of grounds of an order or decree

D.All the above


Answer: Option C


  44.

Can a court pass more than one final decree in one suit?

A.Yes B.No

C.Depends

D.None of the above


Answer: Option A

45.

Under Order XII, Rule 2 of Code of Civil Procedure, a notice to admit any document can be given by

A.Plaintiff to the defendant B.Defendant to the plaintiff C.Either party to the other party D.Only A and not B or C


Answer: Option C


  46.

Pleading must state:

A.Facts B.Law C.Evidence D.All of these


Answer: Option A


  47.

Where a suit is dismissed under Rule 2 or Rule 3 of Order IX of Civil Procedure Code:

A.Plaintiff is debarred from filing fresh suit B.Only remedy with the plaintiff is to seek setting aside of such order

C.The only remedy is to bring fresh suit D.Plaintiff may (subject to the law of limitation) bring a fresh suit, or he may apply for an order to set the dismissal aside


Answer: Option D


  48.

Civil imprisonment in execution of a decree can be awarded if the decree is for minimum

A.Rs. 500

B.Rs. 1,000

C.Rs. 2,000

D.Rs. 5,000


Answer: Option C


  49.

Can a court pass a decree in a suit seeking rights in an immovable property where a defendant has transferred his interest and rights in the suit property to a third person without issue of summons/notice to the third person? If yes, whether the decree will be binding against the transferee pendente life.

  1. No, notice must be issued to the third person otherwise decree would not be binding on him

  2. Decree without notice to a third person is valid and notice/summons is not required to be issued to the third person C.Decree will be invalid as it violates principles of natural justice

D.Decree will be invalid as a judgment is only binding on the parties to the suit and doctrine in personam applies


Answer: Option B


  50.

Section 10 of Civil Procedure Code deals with-

  1. Res subjudice

  2. Res judicata

  3. Mens profits

  4. None of the above


Answer: Option A


An executing court can go behind the decree where

  1. The decree has been passed without jurisdiction - pecuniary, territorial or subject matter

  2. The decree is a nullity having been passed against a dead person without bringing his legal representatives on the record

  3. Where the decree is ambiguous

  4. All the above


Answer: Option D

52.

Where an interim injunction has been granted under Order XXXIX of Code of Civil Procedure, 1908, without notice to opposite party, the court shall make an endeavour to finally dispose of the application within thirty days from the date of which . . . . . . . .

  1. The application was filed

  2. The injunction was granted

  3. The injunction order was served upon opposite party

  4. Opposite party appears in court

  5. None of the above


Answer: Option B


  53.

Which of the following deals with officers, soldiers, sailors or airmen cannot obtain leave may authorize any person to sue or defend for them in the Code of Civil Procedure?

  1. Order 12, Rule 1

  2. Order 28, Rule 1

  3. Order 19, Rule 6

  4. Order 17, Rule 10


Answer: Option B


  54.

In which of the following cases, the doctrine of constructive res judicata is not applicable:

A.A sues B on a contract and obtains a decree. B afterwards sues for rescission of the contract on the ground that it did not fully represent the agreement between the parties

B.A sues B for possession of certain property alleging that it has come to his share on partition of Joint Family Property. B's contention that the partition has not taken place is upheld and the suit is dismissed. A subsequent suit was filed by A against B for partition of Joint Family Property

C.A files a suit against B to recover money on a pro-note. B contends that the promissory note was obtained from him by undue influence. The objection is overruled and the suit is decreed. B challenges the promissory note on the ground of coercion and fraud in a subsequent suit

D.All of the above


Answer: Option B


  55.

Alternative Disputes Redressal (ADR) is a concept in

A.Evidence Act

B.Civil Procedure Code C.Contract Act

D.Motor Vehicles Act


Answer: Option B


  56.

Pendente lite interest can be awarded A.On the basis of the agreement between the parties

B.@ 6%

C.@ 9%

D.@ 12%


Answer: Option A


  57.

The term 'Suit of a Civil Nature' refers to:

A.Private rights and obligations of a citizen B.Political, social and religious question

C.A suit in which principal question relates to caste or religion

D.All of the above


Answer: Option A


  58.

Pecuniary jurisdiction of the court has been dealt with in

  1. Section 3 of Code of Civil Procedure

  2. Section 4 of Code of Civil Procedure

  3. Section 5 of Code of Civil Procedure

  4. Section 6 of Code of Civil Procedure


Answer: Option D


  59.

Who does decide the jurisdiction of a civil court?

  1. Pleading of the plaintiff

  2. Pleading of the defendant

  3. Court itself

  4. Statement given by witness


Answer: Option A


  60.

Can a Civil Court examine a party at first hearing?

A.No

B.Court cannot examine a party till evidence has been recorded

C.Court should not examine a party as opposite party has right to cross-examine D.Yes


Answer: Option D


Which of the following is a deemed decree

A.Rejection of a Plaint B.Determination of questions under

Section 144 of the Code of Civil Procedure C.Adjudication under Order 21, Rule 58 D.All of the above


Answer: Option D


  62.

Which of the following deals with the institution of suits in the Code of Civil Procedure?

  1. Section 18

  2. Section 20

  3. Section 22

  4. Section 26


Answer: Option D


  63.

Every allegation of fact in the plaint, if not denied specifically except as against a person under disability shall be taken to be

A.Untraversed B.Admitted C.Proved

D.None of the above


Answer: Option B


  64.

A suit can be dismissed in default A.Under Order IX, Rule 2 of Code of Civil Procedure

  1. Under Order IX, Rule 3 of Code of Civil Procedure

  2. Under Order IX, Rule 8 of Code of Civil Procedure

  3. Both B and C


Answer: Option D


  65.

Attachment before judgment, in a suit dismissed in default

  1. Revives automatically on the restoration of the suit

  2. Does not revive automatically on the restoration of the suit

  3. May or may not revive depending on the facts and circumstances of the case D.Neither A or B


Answer: Option B


  66.

Where may suit for partition of immovable property be instituted?

  1. Where subject matter or property is situated

  2. Where defendant actually and voluntarily resides

  3. Where defendant carries on business

  4. Where defendant works for gain


Answer: Option A


  67.

Which of the following court may issue precept?

  1. Only High Court

  2. The court in whose jurisdiction the property is situated

  3. The court passing the decree

  4. Only District Court


Answer: Option C


  68.

According to section 27 of Code of Civil Procedure summons to the defendant to be served on such date not beyond

A.30 days from the date of institution of suits

B.60 days from the date of institution of suits

C.45 days from the date of institution of suits

D.90 days from the date of institution of suits


Answer: Option A


  69.

Where a judgment debtor dies before the decree has been fully satisfied, the same can be executed against

A.Anyone of the legal representatives of the judgment debtor in its entirety B.Against all the legal representatives

C.Against any member of the legal representatives as the decree holder wants

D.Against the legal representative, as directed by the court


Answer: Option B

70.

An order passed without jurisdiction, attains finality in favour of some parties. Whether principle of res judicata, under Code of Civil Procedure, would apply to such an order, between same parties?

A.Yes B.No

C.Depends upon the nature of suit

D.It is discretion of Court


Answer: Option B


Attachment of an immovable property can be ordered by

A.A civil court of competent jurisdiction only

B.A court of small causes only C.Both A and B

D.Neither A nor B


Answer: Option A


  72.

Any documentary evidence, in possession of the party not filed under Order XIII, Rule 1 of Code of Civil Procedure, the party is

A.Excluded from filing the same at a subsequent stage of the proceeding B.Not excluded from filing the same at a subsequent stage of proceedings, but can file the same only with the leave of the court

C.Not excluded from filing the same at a subsequent stage of proceedings without any leave of the court

D.Either A or C


Answer: Option B


  73.

In the Code of Civil Procedure, Section 35B is added by the Amendment Act of 1976 for providing:

  1. Compensatory costs

  2. Costs for causing delay

  3. General costs D.Miscellaneous costs


Answer: Option B


  74.

Provision for setting aside ex-parte decree is

  1. Order 9 Rule 7

  2. Order 9 Rule 9

  3. Order 9 Rule 13

  4. Order 9 Rule 8


Answer: Option C


  75.

Pleading has been defined in A.Order VI, Rule 1 of the Code of Civil Procedure

  1. Order VI, Rule 2 of the Code of Civil Procedure

  2. Order VIII, Rule 1 of the Code of Civil Procedure

  3. Order VIII, Rule 2 of the Code of Civil Procedure


Answer: Option A


  76.

Future interest i.e., from the date of the decree till realisation, can be awarded, under Code of Civil Procedure

  1. @ 12% per annum

  2. @ 9% per annum

  3. @ 6% per annum

  4. Depending on the prevailing bank rates


Answer: Option C


  77.

Which of the following is/are decree/s?

A.Order of abatement of a suit B.Dismissal of appeal as time barred C.Dismissal of suit for want of evidence

D.All of the above


Answer: Option D


  78.

Which of the following deals with suits for immovable property situate within jurisdiction of different Courts in the Code of Civil Procedure?

  1. Section 17

  2. Section 12

  3. Section 13

  4. Section 14


Answer: Option A


  79.

For filing an application for an order to set aside an abatement, the period of limitation from the date of abatement is . . . . . . . .

A.30 days

B.90 days

C.10 days

D.60 days


Answer: Option D


  80.

In an execution proceeding, what is the liability of the legal representatives of the deceased judgment debtor?

  1. Is under no liability at all

  2. Is liable only to the extent of the property received by him from deceased judgment debtor

  3. Has absolute liability co-extensive with that of judgment debtor, no matter that he receives no property from the deceased

  4. None of the above


Answer: Option B


  1.

On default in filing of written statement under Order VIII, Rule 10 of Code of Civil Procedure, pronouncement of judgment

A.Is mandatory B.Discretionary C.Directory D.Either A or B


Answer: Option B


  82.

Where a fresh suit is instituted on the strength of permission granted by the Court under Order 23, Rule 1

A.The plaintiff is not bound by the law of limitation

B.A fresh period of limitation begins to run from the date of the order granting such permission

C.The plaintiff shall be bound by the law of limitation in the same manner as if the first suit had not been instituted

D.Such suit must fail if not instituted within one year


Answer: Option C


  83.

The words 'is not possessed of sufficient means' in O. 33, r 1 refer:

  1. To property over which the petitioner has actual control

  2. To dower debt due by the petitioner's husband

  3. To sufficient property and excludes sole means of livelihood

  4. None of these


Answer: Option A


  84.

Match List-I with List-II and select the correct answer:



a. Right lodge caveat

1. Section 144

b. Restitution

2. Section 148-A

c. Inherent power of court

3. Section 151

d. Suits of civil nature

4. Section 9

A.a-2, b-1, c-3, d-4

B.a-1, b-2, c-4, d-3

C.a-2, b-3, c-1, d-4

D.a-3, b-4, c-1, d-2


Answer: Option A


  85.

Which of the following statements are correct

  1. The executing court must take the decree at it stands

  2. The executing court cannot go into the question whether the decree has been obtained by fraud

  3. The executing court cannot question the legality, correctness or validity of the decree

  4. All the above


Answer: Option D


  86.

The Commissioner as appointed under the provisions of Order XVIII of the Code of Civil Procedure for the purposes of recording of evidence cannot:

  1. Re-examine a witness

  2. Decide objections raised during the recording of evidence

  3. Neither of the above

  4. Both A and B


Answer: Option B

87.

Which of the following properties cannot be attached in execution of a decree:

A.Penricus B.Promissory notes

C.House or other building D.Hundi


Answer: Option A


  88.

A decree can be A.Preliminary B.Final

C.Either preliminary or final D.Only final and not preliminary


Answer: Option C


  89.

Under Civil Procedure Code, in which of the following cases the Court cannot reject the plaint?

  1. Where the relief claimed is undervalued, and the plaintiff, on being required by the court to correct the valuation within a time to be fixed bv the Court, fails to do so

  2. Where the suit appears from the statement in the plaint to be barred by any law

  3. When the plaint IS insufficiently stamped and the plaintiff on being required by the Court to supply the requisite stamp-paper within a time to be fixed by the court, fails to do so

  4. Where the plaint discloses a cause of action


Answer: Option D


  90.

Which of the following deals with the appearance before the court consequent to the failure of efforts of

conciliation in the Code of Civil Procedure?

  1. Order 5, Rule 30

  2. Order 4, Rule 13

  3. Order 6, Rule 10

  4. Order 10, Rule 1C


Answer: Option D


  1. Which of the following is not a right of civil nature:

A.Caste and Religion

B.Right to services which are honorary and gratuitous

C.Brij jijmam rights

D.Both A and B


Answer: Option D


  92.

Who among the following is not entitled to exemption from personal appearance in the Court?

  1. Former Indian Ruler

  2. Chairman of the State Legislative Councils

  3. The Ministers of States D.Collector


Answer: Option D


  93.

Under Order V, Rule 9A of Code of Civil Procedure, summons for serving on the defendant, can be delivered to

  1. The courier services

  2. The plaintiff

  3. The process officer D.Either A or B or C


Answer: Option B


  94.

Provisions relating to inter-pleader suit are contained in:

  1. Order XXXIV of Code of Civil Procedure

  2. Section 88 of Code of Civil Procedure

  3. Order XXXV of Code of Civil Procedure

  4. Both B and C


Answer: Option D


  95.

Who can be arrested in execution of a decree:

A.A man

B.A woman

C.A Minor D.All of these


Answer: Option A


  96.

Where a plaintiff sues upon a document in his power or possession, he must produce it or a copy thereof

  1. Along with the plaint

  2. At the time of giving of evidence

  3. At the time of framing of issues

  4. When ordered by the court


Answer: Option A


  97.

In an Inter-pleader suit, plaintiff may claim:

A.Share in property B.Right of pre-emption C.Costs or charges D.Ownership


Answer: Option C


  98.

Where the plaintiff dies after hearing and before pronouncement of judgment the suit

  1. Shall not abate

  2. Shall abate

  3. Shall abate if the right to sue not survive

  4. None of the above


Answer: Option A

99.

On default of appearance of the plaintiff on the date fixed for framing of issues in a suit for recovery of Rs. 2,90,000/- wherein the defendant has in the written statement, admitted liability in the sum of Rs. 1,25,000/-, the court shall:

A.Decree the suit against the defendant in the sum of Rs. 1,25,000/- and dismiss the suit for recovery of remaining amount B.Dismiss the suit

C.Frame issues in the suit and post the suit for evidence

D.Dismiss the suit insofar as for recovery of Rs. 1,25,000/- and frame issues in the suit for recovery of balance amount


Answer: Option A


  100.

When a court desires that its decree shall be executed by another court, it shall send to the other court

B.Judgment and decree

C.Judgment and execution petition D.Execution petition and certificate of non-satisfaction


Answer: Option A

1. An order under Order IX, Rule 6 of Code of Civil Procedure can be set aside

  1. Under Order IX, Rule 7 of Code of Civil Procedure

  2. Under Order IX, Rule 9 of Code of Civil Procedure

  3. Under Order IX, Rule 11 of Code of Civil Procedure

  4. Under Order IX, Rule 13 of Code of Civil Procedure

Answer: Option A


  2. Right to withdraw the suit, is:

A.An absolute right of the plaintiff

B.A qualified right of the plaintiff C.Fettered by certain conditions

D.Both B and C

Answer: Option A


  3. Proceeding in a suit, relating to minor shall not be stayed:

  1. On retirement of the next friend of a minor

  2. On attaining the majority by the minor

  3. On removal of the next friend of a minor

  4. On death of the next friend of a minor


Answer: Option B


  4. Which one of the following is not necessary for the applicability of the doctrine of res-judicata

  1. Former suit must be pending before a competent court

  2. Former suit must have been heard and finally decided by a competent court C.Parties in the former suit as well as the subsequent suit must be the same D.Subject matter in the former and the subsequent suit must be the same Answer: Option A

5. In which of the following case commission under Order 26, Code of Civil Procedure cannot be issued?

  1. To examine witnesses

  2. For local investigations

  3. For scientific investigation

  4. For appointment of receiver


Answer: Option D


  6. Where a party fails to produce certain documents in original under Order XI, Rule 14 of Code of Civil Procedure, the Court would be entitled to

A.Dismiss the suit if failure is on the part of the plaintiff

B.Strike out the defence of the defendant if such failure is on the part of the defendant

C.Raise an adverse presumption against the party guilty of non-production of documents

D.Either A or B


Answer: Option C


  7. A joint decree can be executed only as a joint decree. It is not divisible. It can be executed in part, only where

  1. The shares of decree-holders are defined

  2. Those shares can be predicted

  3. The share is not in dispute

  4. All of these


Answer: Option D


  8. The phrase 'good cause' used in O. 13, r 2 means reason that is:

A.Adequate B.Sound C.Genuine D.All of these


Answer: Option D


  9. The defendant wants to file an application under Section 152 Code of Civil Procedure to correct an accidental slip in a judgment. It should be filed:

A.Within 30 days

B.Within 60 days

C.Within 90 days D.Any time


Answer: Option D


  10.

A suit may be defeated due to: A.Non joinder of a proper party B.Mis-joinder of a necessary party C.Non joinder of a necessary party D.Mis-joinder of a proper party


Answer: Option C


  . Under Civil Procedure Code, a Court may not issue a commission-

  1. For elucidating any matter in dispute

  2. For ascertaining the market value of any property

  3. For assessing the amount of any mesne profits or damages

  4. For framing of issue


Answer: Option D


  12.

Multifariousness means A.Mis-joinder of causes of action B.Mis-joinder of parties

C.Non-joinder of parties

D.Mis-joinder of causes of action as well as Parties


Answer: Option D

13.

Section 96(4) of the Code of Civil Procedure inserted by the Code of Civil Procedure (Amendment) Act, 1976, bars:

  1. Appeal against consent decree

  2. Appeal in petty cases

  3. Appeal against final decree

  4. Appeal against findings


Answer: Option B


  14.

Which of the following deals with appeals to Federal Court in the Code of Civil Procedure?

  1. Section 116

  2. Section 111A

  3. Section 108

  4. Section 100


Answer: Option B


  15.

The Order 38 of the Code of Civil Procedure deals with:

A.Inter-pleader B.Summary procedure

C.Arrest and attachment before judgement

D.Temporary injunctions


Answer: Option C


  16.

Which of the following can be done under section 94 of Code of Civil Procedure

  1. Issuance of warrant of arrest against the defendant

  2. Attachment of any property C.Grant of temporary injunction

D.All the above


Answer: Option D


  17.

A necessary party is one in whose A.Absence no order can be made effectively

  1. Absence an order can be made but whose presence is necessary for the complete decision of the case

  2. Only B is correct

  3. None of above


Answer: Option A


  18.

Time for instituting a suit can be enlarged by invoking which of the following provisions?

  1. Section 151 Code of Civil Procedure

  2. Section 5 of the Limitation Act, 1963

  3. Section 148 Code of Civil Procedure

  4. None of the above


Answer: Option C


  19.

A receiver can be appointed for better custody or management of

A.Movable property B.Immovable property C.Both A and B

D.Only B and not A


Answer: Option C


  20.

If anyone interferes with the possession of the receiver appointed under Order XL of Code of Civil Procedure, contempt proceedings against such a person can be initiated by

  1. The court

  2. The receiver or a party to the suit

  3. The receiver only D.Either A or C


Answer: Option B


  21.

A judgment was pronounced on 2nd December, 2017. Decree was

drawn on 5th January, 2018. What is the date of decree in this situation?

  1. 2nd December, 2017

  2. 5th January, 2018

  3. Mean between the dates

  4. The date on which the parties receive the decree copy


Answer: Option A


  22.

A' residing in Mumbai publishes statements defamatory against 'B' in Delhi. Where can 'B' file a suit for compensation against 'A'?

  1. Only at Delhi

  2. Only at Mumbai

C.Either in Delhi or Mumbai D.Where 'B' himself resides


Answer: Option C


  23.

Under section 60 of Civil Procedure Code which of the following properties is not liable to attachment and sale in execution of a decree?

A.Negotiable instruments B.Houses or other buildings C.Government Securities

D.Any right of personal services


Answer: Option D


  24.

Which of the following deals with the substitution of letter for summons in the Code of Civil Procedure?

  1. Order 5, Rule 30

  2. Order 9, Rule 12

  3. Order 6, Rule 10

  4. Order 10, Rule 8


Answer: Option A

25.

Under Civil Procedure Code, when service of summon can not be effected within reasonable time due to absence from his residence, then summon can be served to defendant's

A.Servant B.Adult son

C.Minor daughter D.None of the above


Answer: Option B


  26.

Which order has been specially enacted to protect the interest of Minors and Unsound Mind:

  1. Order 31

  2. Order 32

  3. Order 33

  4. Order 34


Answer: Option B


  27.

Under the Code of Civil Procedure, 1908 an ex parte decree can be set aside under

  1. Order 9 Rule 5

  2. Order 9 Rule 12

  3. Order 9 Rule 10

  4. Order 9 Rule 13


Answer: Option D


  28.

For an application under Order VII, Rule 11

  1. The averments in the plaint are germane and the plea taken by the defendant in the written statement are wholly irrelevant

  2. The averments in the plaint are germane and the pleas taken by the defendant in the written statement are also to be considered

  3. The averments in the plaint are germane and the pleas taken by the defendant in the written statement may also be considered

D.Either B or C


Answer: Option A


  29.

Rules relating to Inter-pleader suit have been provided in the Code of Civil Procedure under which of the following orders?

  1. Order 50

  2. Order 35

  3. Order 55

  4. Order 40


Answer: Option B


  30.

'Res sub Judice' means

  1. Stay of Appeal

  2. Stay of Suit

  3. Stay of Application

  4. Stay of Execution


Answer: Option B


Execution of a decree can

A.Be stayed by the court passing the decree under all the circumstances B.Be stayed by the court passing the

decree before the time allowed for appeal C.Not be stayed by the court passing the decree under any circumstances

D.Either A or C


Answer: Option B


  32.

Place of institution of suit in respect of immovable property, situated within the jurisdiction of different courts, has been provided

  1. Under Section 17 of Code of Civil Procedure

  2. Under Section 18 of Code of Civil Procedure

  3. Under Section 19 of Code of Civil Procedure

  4. Under Section 20 of Code of Civil Procedure


Answer: Option A


  33.

Can a document which is not produced with the plaint and which ought to have been produced by the plaintiff, be received in the evidence on his behalf?

A.No

B.Yes

C.Only with leave of court

D.Only before framing of issues


Answer: Option C


  34.

Right to appeal is A.Statutory right B.Natural right

C.Inherent right

D.All the above


Answer: Option A


  35.

Objection under Order 21 Rule 97 Code of Civil Procedure dismissed by the Trial Court. The order may be challenged by filing which procedure?

A.Appeal B.Revision C.Writ D.Suit


Answer: Option A


  36.

A court can return the plaint, when the court has got

  1. No territorial jurisdiction

  2. No pecuniary jurisdiction

  3. No subject-matter jurisdiction

  4. Any of the above


Answer: Option D


  37.

Which of the following deals with the order for inspection in the Code of Civil Procedure?

  1. Order 11, Rule 18

  2. Order 4, Rule 13

  3. Order 6, Rule 10

  4. Order 13, Rule 22


Answer: Option A


  38.

Where a suit is dismissed for non- appearance by the Plaintiff and the defendant is not yet served or after service of the defendant both parties do not appear, the Plaintiff may

  1. Bring a fresh suit for the same cause of action

  2. Apply for an order to set aside the dismissal

C.File an appeal D.Either A or B


Answer: Option D


  39.

Which of the following is a leading case on 'counter claim'?

  1. Kailash v. Nanhku

  2. Laxmidas Dayabhai v. Nanabhai Chunilal

  3. Rajendra Tiwary v. Basudeo Prasad

  4. None of the above


Answer: Option B


  40.

Preliminary decree is one

  1. Which determines the rights of the parties with regard to some or one of the

matters in controversy in the suit but does not finally dispose of the suit

  1. Which determines the rights of the parties with regard to some or one of the matters in controversy in the suit, which may have the effect of final disposal of the suit

  2. Both A and B

  3. Neither A nor B


Answer: Option A


A' holds a decree against 'B' for Rs. 5000/-. 'B' holds a decree against 'A' for Rs. 3000/-. Both 'A' and 'B' apply for execution of decree to a Court which has jurisdiction to execute both decrees. The Court may

A.Allow execution of A's' decree of Rs. 2000

B.Simultaneously proceed with execution of both decrees

C.B' shall proceed separately with his decree

D.None of these


Answer: Option A


  42.

The reappreciation of evidence in second appeal

  1. Is subject to review

  2. Is permissible

  3. Is not permissible

  4. Is an admitted fact


Answer: Option C


  43.

Which of the following deals with materials from which issues may be framed in the Code of Civil Procedure?

  1. Order 12, Rule 5

  2. Order 17, Rule 13

  3. Order 6, Rule 10

  4. Order 14, Rule 3

Answer: Option D


  44.

Which one of the following is not a suit of civil nature under Code of Civil Procedure?

A.A suit against deprivation from attending social functions

B.A suit for arrears of salary

C.A suit for right of burial

D.A suit for restitution of conjugal rights


Answer: Option A


  45.

A suit for specific performance of contract is dismissed. Whether subsequent suit for compensation for breach of contract is maintainable?

A.Yes, with permission of court, in the next suit

B.No

C.Yes, if superior court directs

D.None of the above


Answer: Option B


  46.

Under which one of the following Sections of the Code of Civil Procedure the Court may ask parties to a dispute to go for meditation?

  1. Section 88

  2. Section 89

  3. Section 87

  4. Section 86A


Answer: Option B


  47.

A 'next friend' or guardian, of a minor, in a suit

  1. Stands discharged automatically on attaining majority

  2. Can be discharged if the minor on attaining majority elects to continue with the suit applies for the discharge

  3. Can be discharged if the minor on attaining majority elects to continue with the suit but does not apply for the discharge of next friend or guardian

  4. All the above


Answer: Option B


  48.

Attachment before judgement in a suit dismissed for default/non- prosecution revives automatically on the restoration of a suit-

A.True B.Partly true C.False

D.None of the above


Answer: Option C


  49.

Order XXVI, Rule 4A Code of Civil Procedure, empowers the court to issue commission in a suit for examination of a person-

  1. Resident within the local limit of its jurisdiction

  2. Resident beyond the local limits of its jurisdiction

  3. Who is about to leave the local limits of its jurisdiction

  4. Both A and B


Answer: Option A


  50.

Inherent powers may be used by the Court for

  1. The end of justice

  2. To prevent abuse of the process of the court

  3. Both A and B above

  4. None of the above


Answer: Option C

Issues arise when prepositions of law or fact are affirmed by one party and denied by the other.

A.Relevant B.Material C.Necessary D.Disputed


Answer: Option B


  52.

Consider the following statements:

  1. Where the High Court calls for the record of any case in its revisional jurisdiction, it operates as a stay of such case before the subordinate court.

  2. No second appeal shall lie in money suits where the value of the subject matter does not exceed Rs. 25,000.

  3. A plaintiff cannot be allowed by the court to sue afterwards for any relief omitted by him in the suit.

  4. A plaintiff may relinquish any portion of his claim in order to bring the suit within the jurisdiction of any court.

Of the above statements:

A.1, 2 and 3 are incorrect

B.2 and 3 are incorrect

C.1 and 3 are incorrect

D.1 and 4 are incorrect


Answer: Option C


  53.

An inter pleader suit is one where the real dispute is between the . . . . . . . .

only.

  1. Plaintiffs B.Defendants C.Intervenors D.Respondents


Answer: Option B


  54.

A plaint can be rejected: A.When the plaint is insufficiently stamped

  1. Where the suit is barred by law

  2. Where the plaint does not disclose cause of action

  3. All of the above


Answer: Option D


  55.

Which of the following must be stated in the pleadings:

  1. Facta probantia

  2. Facta Probanda

  3. Both A and B

  4. Neither A nor B


Answer: Option B


  56.

Period of limitation for filing a summary suit is

A.6 months from the date when the debt becomes due and payable

  1. One year from the date when the debt becomes due to payable

  2. Two years from the date when the debt becomes due and payable

  3. Three years from the date when the debt becomes due and payable


Answer: Option D

Section 9 of the Code of the Civil Procedure provides that a civil court shall have jurisdiction:

  1. To try all suits of a civil nature

  2. To avoid sutts of which their cognizance is expressly barred

  3. To avoid suits of which their cognizance is impliedly barred

  4. All of these


Answer: Option D


  59.

The propositions are: Under Order XVIII, Rule 2 of Code of Civil Procedure, 1908:

  1. A copy of the written arguments shall be furnished simultaneously to the opposite party

  2. Adjournment shall be granted generally for the purpose of filing the written arguments

  3. The Court cannot fix any time-limit for oral arguments

Which of the following is correct in respect of the aforesaid propositions:

A.1 is correct, 2 and 3 are incorrect

B.1 and 2 are correct, 3 is incorrect

C.1 and 3 are correct, 2 is incorrect

D.2 and 3 are correct, 1 is incorrect E.None of the above


Answer: Option A



57.

Under section 34 of Indian Penal Code, the court can grant interest

  1. From the date of the suit till the date of decree

  2. From the date of the decree till realisation

  3. Both A and B

  4. Neither A nor B


Answer: Option C


  58.

60.

On rejection of plaint under provisions of Order VII Rule 11 of Civil Procedure, 1908, presenting of a fresh plaint in respect of the same cause of action, is:

  1. Barred by principles of Res judicata

  2. 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

1. The period of limitation for an application to restore a suit dismissed for default of appearance is

A.30 days from the date of dismissal

B.60 days from the date of dismissal

C.90 days from the date of dismissal

D.120 days from the date of dismissal


Answer: Option A


  62.

Which one of the following Sections of the Code of Civil Procedure deals with 'Revision'?

  1. Section 110

  2. Order VI, Rule 13

  3. Section 115

  4. Section 120


Answer: Option C


  63.

Order 6, Rule 16, Code of Civil Procedure empowers the court, at any stage of the pleadings to strike out any matter contained in it:

  1. If it is unnecessary, scandalous, trivolous or vexatious

  2. If it tends to prejudice, embarrass or delay the fair trial of suit

  3. If it is an abuse of the process of the court

  4. All of the above


Answer: Option D


  64.

"Guardian at litem" used under Civil Procedure Code, 1908 means

A.A local commissioner

B.A court

C.A person defending a suit on behalf of an insane person

D.A person defending a suit on behalf of a minor

Answer: Option D


  65.

Which of the following procedure where there is no legal representative in the Code of Civil Procedure?

  1. Order 22, Rule 4A

  2. Order 10, Rule 9

  3. Order 19, Rule 6B

  4. Order 17, Rule 10C


Answer: Option A


  66.

Precepts are issued under section 46 of Code of Civil Procedure for;

  1. Serving summons on persons residing beyond local jurisdiction

  2. Serving a warrant on the judgment- debtor

  3. Attaching the property of the judgment- debtor

  4. None of the above


Answer: Option C


  67.

A decision is a suit may operate as resjudicata against persons not expressly named as parties to the suit by virtue of explanation

A.III to Section 11 of Code of Civil Procedure

B.V to Section 11 of Code of Civil Procedure

C.VI to Section 11 of Code of Civil Procedure

D.IV to Section 11 of Code of Civil Procedure


Answer: Option C


  68.

Courts have jurisdiction to try all suits of a civil nature except suits, the cognizance of which is either expressly or impliedly barred, by virtue of

  1. Section 7 of the Code of Civil Procedure

  2. Section 8 of the Code of Civil Procedure

  3. Section 9 of the Code of Civil Procedure

  4. Section 6 of the Code of Civil Procedure


Answer: Option C


  69.

The Court is required to appoint a guardian ad litem

  1. For a minor plaintiff only

  2. For a minor defendant only

  3. For plaintiff and defendant both

  4. None of these


Answer: Option B


  70.

A private transfer or delivery of the property attached under section 64(2) shall not be void if

A.Made in persuance of any contract for such transfer or delivery entered into and registered before the attachment B.Made in persuance of any contract for such transfer or delivery entered into and registered after the attachment

C.Made in persuance of any contract for such transfer or delivery entered into before the attachment but registered after the attachment

D.Either A or B or C


Answer: Option A


Dismissal of suit by court under order 17 Rule 3 Civil Procedure Code, only remedy available to plaintiff is to file

  1. An appeal

  2. Application under section 151 Code of Civil Procedure

  3. Application under Order 9 Rule 9 Code of Civil Procedure

  4. All of the these


Answer: Option A

72.

Caveat under Section 148A of the Code of Civil Procedure remains in force for a period of:

A.90 days

B.60 days

C.30 days

D.15 days


Answer: Option A


  73.

Interest that may he awarded to a plaintiff in a suit for money according to the period for which it is allowed may be divided as:

  1. Interest accrued to the institution of the suit on the principal sum adjudged (as distinguished from the principal sum claimed)

  2. Additional interest on the principal sum adjudged, from the date of the suit to the date of decree, 'at such rate as the court deems reasonable'

  3. Further interest on the principal sum adjudged from the date of the decree to the date of the payment or to such earlier date as the court thinks fit, at the rate not exceeding six percent per annum

  4. All of these


Answer: Option D


  74.

What new does Explanation VII adds to section 11 of Code of Civil Procedure?

  1. It applies in express terms the provisions of this section to execution proceedings

  2. It provides an artificial construction by laying down that references in the section to any suit for the execution of the decree C.Both A and B

D.None of these


Answer: Option C


  75.

Which of the following deals with recording of admitted and return of rejected documents in the Code of Civil Procedure?

  1. Order 19, Rule 5

  2. Order 4, Rule 13

  3. Order 13, Rule 7

  4. Order 15, Rule 22


Answer: Option C


  76.

The defendant, the editor and proprietor of a newspaper, published articles which referred to the 'Calcutta Police', without naming individuals.

The plaintiffs, six of the members of the Calcutta Police force, jointly sued the editor for damages, alleging that the articles were directed against them, and that they constituted a libel. Here a libel was in the same words, and in the same documents, but of different persons.

  1. The plain tiffs could not all be joined in one suit

  2. There cannot in such cases be said to be one or the same cause of action

  3. Both A and B

  4. None of these


Answer: Option C


  77.

Which one of the following is not a decree under Civil Procedure Code, 1908?

  1. Rejection of a plaint for non-payment of court fee

  2. Any order of dismissal for default

  3. Both A and B

  4. None of the above


Answer: Option B

78.

The plaint shall be rejected by the court, under Order 7, Rule 11(e) of the Code of Civil Procedure, if it is not filed in:

A.Duplicate B.Triplicate C.Quadruplicate D.Five copies


Answer: Option A


  79.

Under Order 32, Rule 1 of Civil Procedure Code a minor means a person who has not attained his majority within the meaning of

A.Juvenile Justice Act B.Civil Procedure Code C.Indian Majority Act

D.Hindu Minority and Guardianship Act


Answer: Option C


  80.

Provision for interest in Code of Civil Procedure has been made

  1. Under Section 32

  2. Under Section 34

  3. Under Section 35A

  4. Under Section 35B


Answer: Option B


Which of the following deals with simultaneous issue of summons for service by post in addition to personal service in the Code of Civil Procedure

  1. Order 7, Rule 14

  2. Order 9, Rule 12

  3. Order 6, Rule 10

  4. Order 5, Rule 19A


Answer: Option D


  82.

Under the code of criminal procedure 1973, "any proceeding in the course of which evidence is legally taken on Oath" is considered as

A.Judicial proceeding B.Extra Judicial proceeding C.Ordinary Proceeding

D.None of these


Answer: Option A

Which of the following power is not vested in commissioner if he is not a Judge of a civil court?

  1. Power to make partition of property

  2. Power to impose penalties

  3. Power to call for and examine documents

  4. Power to examine accounts


Answer: Option C



83.

Civil court's jurisdiction would not be barred in which of the following cases?

  1. Where the order under r 18 of the settlement rules is patently illegal or without jurisdiction

  2. Where the remedy provided by the regulation to adjudge the objection raised, is not sufficient

  3. Where complicated question relating to the title are involved

  4. Where the plaintiff seeks declaration of his title over the land from which he is sought to be evicted

A.1, 3

B.2, 5

C.2, 4

D.All of these


Answer: Option D


  84.

Which Provision (Order) of Civil Procedure Code deals with production, impounding and return of documents?

  1. Order 13 Code of Civil Procedure

  2. Order 5 Code of Civil Procedure

  3. Order 17 Code of Civil Procedure

  4. Order 24 Code of Civil Procedure


Answer: Option A


  85.

86.

Under section 34(2) of the Code of Civil Procedure, 1908, where a decree is silent with respect to the payment of further interest on the principal sum from the date of the decree to the date of the payment or other earlier date.

A.Further interest shall be paid at the contractual rate up to the date of decree B.The court shall be deemed to have refused such interest

C.Further interest shall be paid at the contractual rate of 6% per annum D.None of the above


Answer: Option B


  87.

The adjudication of a court of law may be:

  1. Decree only

  2. Order only

  3. Decree and order

  4. None of the above


Answer: Option C


  88.

If due to default of appearance of the plaintiff a suit has been dismissed then:

  1. The plaintiff cannot file a new suit for the same claim

  2. The plaintiff can file a new suit for the same claim

  3. The plaintiff can file a new suit for the same claim but only after satisfying the court that there was sufficient cause for non-appearance when the earlier suit was dismissed

  4. The plaintiff can file a new suit for the same claim but only after depositing costs of the earlier suit as may be determined in the subsequent suit


Answer: Option A


  89.

Under Section 148A of Code of Civil Procedure, a caveat shall not remain in force after the expiry of . . . . . . . .

days.

A.30 B.60 C.90 D.120

  1. None of these


Answer: Option C


  90.

Rules as to issue and service of summons in Code of Civil Procedure are laid down in:

  1. Order 5

  2. Order 7

  3. Order 8

  4. Order 11


Answer: Option A


Issues are framed by a Court. Onus of some of the issues is on the Plaintiff and of some of the issues, the onus is on the Defendant. The Plaintiff has to

A.File its affidavits in evidence on all issues

B.File its affidavits in evidence in affirmative on issues onus whereof is on the Plaintiff and evidence in negative on issues onus whereof is on defendant

C.File its affidavits in evidence in affirmative on the issues onus whereof is upon the Plaintiff

D.File its affidavits in evidence in affirmative on all issues, irrespective of onus


Answer: Option C


  92.

When two or more courts have the jurisdiction if the parties by an agreement confer the jurisdiction exclusively on one of such courts, it results into

  1. Inherent jurisdiction

  2. Personal jurisdiction C.Consensual jurisdiction D.Illegal jurisdiction


Answer: Option C


  93.

The court to amend a decree is the court that passed it. Where an appeal is preferred from a decree of a court of first instance the Appellate Court may:

A.Dismiss the appeal under O. 41, r 11(1), without issuing any notice to the respondents

B.Confirm, reverse or vary the decree of the court of first instance (O. 41, r 32) C.Either A or B

D.None of these


Answer: Option C


  94.

When the Plaintiff appears and Defendant fails to file written statement despite service, the Court

  1. Shall pronounce judgment under Order VIII Rule 10 Code of Civil Procedure B.May either require the Plaintiff to prove its case by leading evidence or pronounce

judgment against the defendant depending upon the nature of the case C.Shall necessarily require the Plaintiff to prove its case by leading evidence D.Direct personal appearance of the Defendant


Answer: Option B


  95.

Mark the incorrect statement A.The provision of section 39 are not mandatory

  1. The transferee court under section 39 need not have pecuniary jurisdiction to deal with the suit in which the decree was passed

  2. The court passing the decree under section 39 has the power to execute such decree against a person or property situated outside the local limits of its territorial jurisdiction

  3. Both B and C


Answer: Option D


  96.

Reference' under the Code of Civil Procedure may be made to:

  1. The Supreme Court

  2. The High Court

  3. The District Judge

  4. None of the above


Answer: Option B


  97.

Which of the following deals with the continuance of orders under repealed enactments in the Code of Civil Procedure?

  1. Section 157

  2. Section 169

  3. Section 148

  4. Section 153


Answer: Option A

  98.

No decree to be set aside without notice to opposite party under which of the in the Code of Civil Procedure?

  1. Order 5, Rule 30

  2. Order 4, Rule 13

  3. Order 6, Rule 10

  4. Order 9, Rule 14


Answer: Option D


  99.

In execution of a decree, other than a decree for maintenance, passed against A, what shall be the attachable portion, if his salary is Rs. 10,000 per month?

A.Rs. 3,333

B.Rs. 5,000

C.Rs. 3,000

D.Rs. 6,666


Answer: Option C


  100.

Notice under Section 80 of Code of Civil Procedure, when it relates to Railways, has to be served on which of the following?

A.Minister of Railways B.Secretary of Railway Ministry

C.General Manager of concerned Railway

D.Prime Minister of India


Answer: Option C

Where the liability in relation to sum adjudged has not arisen out of a commercial transaction, the maximum yearly rate of interest awardable under section 34(1) of the Code of Civil Procedure from the date of decree for payment of money to date of payment is:

A.12% B.18% C.10% D.6%


Answer: Option D


  2.

Which is the case of which notice to all the persons interested in a representative suit need not be given?

A.Abandonment of the suit B.Withdrawal of the suit C.Recording of compromise in a suit

D.Addition of a new defendant in a suit


Answer: Option D


  3. The plaint shall be rejected:

  1. If it does not disclose a cause of action

  2. Where suit appears to be barred by any law

  3. Where it is not filed in duplicate

  4. All the above


Answer: Option D


  4. Which of the following is correct:

  1. Section 113 Review, Section 114 Revision, Section 115 Reference of the Code of Civil Procedure

  2. Section 113 Reference, Section 114 Review, Section 115 Revision of the Code of Civil Procedure

  3. Section 113 Reference, Section 114 Revision, Section 115 Review of the Code of Civil Procedure

  4. None of the above


Answer: Option B


  5. In a suit against the State Government, who may sign the plaint on behalf of the Government?

  1. Governor of the State

  2. Chief Minister of the State

  3. Chief Secretary of the State

D.A person who by a general or special order appointed in this behalf by the Government


Answer: Option D


  6.

Once revision is made before the court under the Code of Civil Procedure, 1908, it

  1. Acts as a stay on the proceedings

  2. Acts as a res-judicata on the issues

  3. Acts as an injunction for immediate relief

  4. Shall not operate as a stay of suit or other proceeding before the court except where such suit or proceeding is stayed by the court


Answer: Option D


  7. In case a party to the suit dies and no application moved for the substitution of the legal representatives within the statutory period, under Order XXII, Rule 19 of Code of Civil Procedure

  1. The suit automatically abates on the expiry of the statutory period for moving the application without any formal order of the court

  2. The suit automatically abates on the expiry of the statutory period for moving the application, however, there has to be a formal and specific order of the court to that effect

  3. The suit does not abate automatically on the expiry of the statutory period for moving the application and a formal and specific order of the court to that effect is a must

  4. The suit is to be stayed till the application is presented


Answer: Option A


  8. Attachment before judgment can be removed under Order XXXVIII, Rule 9 of Code of Civil Procedure

  1. On dismissal of the suit

  2. On furnishing of security required by the defendant

  3. On A and B both

  4. Only A and not B


Answer: Option C


  9. Which of the following statements is/are correct?

  1. The expression "decree" includes a final order.

  2. Garnishee is a person who is liable to pay a debt to a decree-holder or to deliver any movable property to him. Select the correct statement:

A.1 only

B.2 only C.Both 1 and 2

D.Neither 1 nor 2


Answer: Option A


  10.

Under Order XXXIII, Rule 9 of Code of Civil Procedure, permission to sue as pauper can be withdrawn

A.If the plaintiff is guilty of vexatious or improper conduct in the course of the suit B.If the plaintiff has entered into an agreement with reference to subject-

matter of the suit creating an interest in that person

C.Both A and B

D.Neither A nor B


Answer: Option C


Right to lodge a 'caveat' has been provided under

  1. Section 148 of the Code of Civil Procedure, 1908

  2. Section 148A of the Code of Civil Procedure, 1908

  3. Section 148B of the Code of Civil Procedure, 1908

  4. Section 147 of the Code of Civil Procedure, 1908


Answer: Option B


  12.

Which of the following deals with subordination of Courts in the Code of Civil Procedure?

  1. Section 2

  2. Section 6

  3. Section 3

  4. Section 4


Answer: Option C


  13.

Section 21 of Code of Civil Procedure cures

  1. Want of subject-matter jurisdiction

  2. Want of pecuniary jurisdiction

  3. Want of territorial jurisdiction

  4. Both B and C


Answer: Option D


  14.

Under party to the suit has

to prove that inspite of due diligence he could not have raised the matter before the commencement of trial

  1. Order 6 Rule 17

  2. Order 5 Rule 15

  3. Order 6 Rule 16

  4. Order 11 Rule 12


Answer: Option A


  15.

A suit was filed and disposed off by a Court which had no territorial jurisdiction to try it. That judgement and decree became final. Whether the findings recorded in it operate as res judicata in a subsequent suit between the same parties.

A.No

B.Yes

C.Depends on the facts and circumstances of each case

D.At the discretion of the court


Answer: Option A


  16.

Where an indigent person succeeds, the court fee shall be recovered?

  1. From the defendant

  2. By the State Government

  3. Not recoverable

  4. From the Plaintiff


Answer: Option B


  17.

Which of the following deals with the time for inspection when notice given in the Code of Civil Procedure?

  1. Order 16, Rule 12

  2. Order 4, Rule 13

  3. Order 6, Rule 10

  4. Order 11, Rule 17


Answer: Option D


  18.

A suit under Civil Procedure Code can be filed representative capacity:

  1. Under Order 1, Rule 8

  2. Under Order 1, Rule 8A

  3. Under Order 1, Rule 9

  4. Under Order 1, Rule 10


Answer: Option A


  19.

In which of the following suits, a receiver can be appointed

  1. Suit for dissolution of partnership

  2. Suit for partition of joint family property

  3. Suit for foreclosure or sale of a mortgaged property

  4. Only A and C


Answer: Option D


  20.

Under which provision of the Code of Civil Procedure it is necessary for a party to prove that in spite of all due diligence, the matter could not be raised before the commencement of the trial:

  1. Order XI Rule 12

  2. Order VI Rule 17

  3. Order VI Rule 16

  4. Order V Rule 15


Answer: Option B

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