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:
In case the changes carried out in the pleading do not change the relief claimed for.
At any stage of the suit.
Without imposing costs.
Of an application filed for interim relief.
Select the correct answer:
1 and 2
2 and 3
3 and 4
1 only
Answer: Option B
2. Under Order 8 Rule 6 Code of Civil Procedure set-off may be permitted if-
The suit is for recovery of property
Set-off claimed by the defendant is ascertained sum of money
Value of property recoverable is less than rupees two lacs
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
Is barred under all circumstances
Is not barred at all
Can be filed with the leave of the court
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
Such property actually received or might have received together with interest
Property actually received including profits due to improvements made by such person
Such property actually received or might have received but without any interest on such profits
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
Property to 'B' to be attached
'B' to be detained in civil prison
'B' to compensate 'A' by damages
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
Shall be recorded by him and decided by him
Shall be recorded by him and decided by the court at the stage of arguments
Shall be recorded by him and referred to the court immediately for deciding further with the recording of evidence
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?
The appeal as regards certain parties cannot be disposed of without determining the question between co- respondents
Where the objections are common as against the appellant and co- respondent
Both A and B
None of these
Answer: Option C
8. The property which is not liable to attachment and sale in execution of decree:
Government securities
Promissory Note
Books of Account
Bond
Answer: Option C
9.
Order 5, Rule 26 provides for summons to be served:
By sending it to the political agent appointed by the Central Government in exercise of its foreign jurisdiction
Through a court established or continued with power to serve a summon issued under the code
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
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?
Yes
No
Judgment debtor will be allowed to cut and gather but not store the agricultural produce
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"?
Dinesh Kumar v. Yusuf Ali, AIR 2010 SC 2679
State v. M. L. Keshari, AIR 2010 SC 2587
Bimlesh v. New India Assuarance Co. Lid., AIR 2010 SC 2591
Dasrath v. State of Madhya Pradesh, AIR 2010 SC 2592
Answer: Option A
12.
In a civil suit, the issues are framed by the
Parties
Advocates of the parties
Representatives of the parties
Court
Answer: Option D
13.
Costs for causing delay has been provided under
Section 35A of Code of Civil Procedure
Section 35B of Code of Civil Procedure
Section 36 of Code of Civil Procedure
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
District Court
High Court
Both A and B
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?
Section 18
Section 20
Section 25
Section 28
Answer: Option C
16.
Revisional jurisdiction of the High Court arises when the subordinate court:
Exercised a jurisdiction not vested in it by law
Failed to exercise a jurisdiction vested in it by law
Acted in the exercise of its jurisdiction illegally
All the above
Answer: Option D
17.
Legal representative under Section 2(11) of Code of Civil Procedure means a person who is a
Relative of parties to the suit
Co-sharer of the benefits assuming to the parties to the suit
Who in law represents the estate of the deceased
None of the above
Answer: Option C
18.
Which provision of the Code deals with joinder of causes of action:
Order 2 Rule 3
Order 2 Rule 2
Order 2 Rule 1
Order 1 Rule 2
Answer: Option A
19.
A preliminary decree:
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
Is a stage in working out the rights of the parties which are to be finally adjudicated by a final decree
Both A and B
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
Not exceeding 90 days in total
Not exceeding 30 days in total
Not exceeding 60 days in total
Not exceeding 120 days in total
Answer: Option B
The word 'restitution' used in section 144 of the Code of Civil Procedure means:
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
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
Both A and B
None of these
Answer: Option C
22.
Under section 100 of Code of Civil Procedure, a second appeal can be
Partly admitted and partly rejected
Admitted in its entirety
Rejected in totality
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:
Order V Rule 3A
Order V Rule 7
Order V Rule 9A
Order V Rule 19A
None of the above
Answer: Option C
24.
The power under section 152 Code of Civil Procedure can be exercised
On the application moved by any party
Suo motu
Either A or B
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.
A can afterwards sue B for the rent due for 2006 only
A can afterwards sue B for the rent due for 2008 only
A can afterwards sue B for the rent due both for 2006 and 200B
A cannot afterwards sue B for the rent due for 2006 or 200B
None of these
Answer: Option D
26.
Court fee on a plaint can be permitted to be paid on a subsequent date
Under section 148 of Code of Civil Procedure
Under section 149 of Code of Civil Procedure
Under section 151 of Code of Civil Procedure
Under section 153 of Code of Civil Procedure
Answer: Option B
27.
Pauper appeals have been provided
Under Order XLII of Code of Civil Procedure
Under Order XLIII of Code of Civil Procedure
Under Order XLIV of Code of Civil Procedure
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:
Section 8 of Limitation Act, 1963
Section 119 of Code of Civil Procedure, 1908
Section 444 of Code of Criminal Procedure, 1973
None of the above
Answer: Option B
29.
In a suit for possession by the landlord against his tenant, a sub-tenant is a
Necessary party
Proper party
Both A and B
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
Attachment and sale of property
Attachment of property and detention in civil prison
Arrest and detention in civil prison for 3 months
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
Fresh suit
First Appeal
Application under Order 9, Rule 9 Code of Civil Procedure
Revision
Answer: Option C
32.
Under which one of the following provisions of Civil Procedure Code, a collector may be appointed 'receiver'?
Order 40, Rule 1
Order 40, Rule 2
Order 40, Rule 3
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
The property is situate
The defendant voluntarily resides or carries on business
The defendant voluntarily resides or personally works for gain
All the above
Answer: Option D
34.
Issues can be altered
Under Order XIV, Rule 2(2) of Code of Civil Procedure
Under Order XIV, Rule 3 of Code of Civil Procedure
Under Order XIV, Rule 5 of Code of Civil Procedure
Under Order XIV, Rule 6 of Code of Civil Procedure
Answer: Option C
35.
Following is not a 'Public Officer'-
Every Judge
Every member of All India Service
Every officer in pay of Government
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;
The officer appointed by the court
The court
The officer in charge of the civil prison
None of the above
Answer: Option C
37.
Order 21 Code of Civil Procedure dealing with execution of decrees and orders contains:
100 Rules
102 Rules
103 Rules
106 Rules
Answer: Option D
38.
Parties must file the list of witnesses within
10 days of framing of issues
15 days of framing of issues
30 days of framing of issues
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-
Can be instituted in the court within whose local jurisdiction the wrong has been committed
Can be instituted in the court within whose local jurisdiction the defendant resides
Either A or B at the opinion of the plaintiff
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
Exceed six months
Exceed three months
Exceed two months
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
At or before the settlement of issues
After the settlement of issues
At the time when they are required
None of the above
Answer: Option C
42.
The date of decree is the date on which
The date the decree is pronounced
The date it is written
The day it pronounced but not written or signed
The day it pronounced and signed by the judge
Answer: Option A
43.
Which of the following statements is correct?
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
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
There shall be no abatement by reason of death of either party between the conclusion of the hearing and the pronouncing of the judgment
All these
Answer: Option D
44.
A petition for review of judgement would lie only when-
The person partly obeyed the judgement
Deposits entire decretal amount
An appeal is allowed by Code of Civil Procedure but no appeal has been preferred
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
Must be filed alongwith the plaint
Can be filed at the time of framing of issues
Can be filed at any time after the framing of issue
During the evidence
Answer: Option A
46.
Every suit by a minor shall be instituted in the name of
The minor
The guardian of the minor
The next friend of the minor
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:
Could file a new suit
Could not file a new suit
Could file a new suit with permission of the court
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
Rejected under Order VII, Rule 11 of Code of Civil Procedure
Dismissed under Order IX, Rule 2 of Code of Civil Procedure
Dismissed under Order IX, Rule 5 of Code of Civil Procedure
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?
Books of account
Shares in a corporation
Personal ornaments
Tools of artisans
Answer: Option B
50.
Is it possible to attach a mortgage decree under Order 21, Rule 53?
Yes
No
Order 21 Rule 53 pertains to garnishee
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?
Application under Order 7 Rule 11 Code of Civil Procedure is not maintainable because written statement should be filed firstly
Plaint shall be rejected because suit is barred by Law of Limitation
Dismissed of application will be proper. Objection could not be decided without recording evidence of parties
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
Section 138
Section 128
Section 158
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
Within 30 days
Within 60 days
Within 90 days
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
Prescribed by court
Prescribed by society
Prescribed by rules
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:
If he ceases to reside in India during the pendency of the suit
Where has interest becomes adverse to that of the minor
Where he does not do his duty
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?
Yes
No
Section 10 of the Code of Civil Procedure provides for the foreign judgment
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?
Section 145
Section 103
Section 148
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
By the court
By the Commissioner appointed by the court
Either A or B
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?
Section 111
Section 103
Section 108
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;
Order XXXVII
Order XXXVIII
Order XXXIX
Order LX
Answer: Option B
The essential elements of a decree:
These must be an adjudication
The determination must be of a conclusive nature
The adjudication must have been done in a suit
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:
60 days from the date of service of summons
90 days from the date of service of summons
30 days from the date of service of summons
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-
Without recording evidence of both parties
Without obtaining affidavits from both parties
Without obtaining the documents regarding the financial condition of the Judgment-debtor
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
Is limited to the extent of the property of the deceased inherited by him
Is not limited to the extent of the property inherited but extends to his personal property
Extends to his personal property in cases where he has not inherited anything
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?
Order 5, Rule 30
Order 9, Rule 4
Order 6, Rule 10
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
Substantial question of fact
Substantial question of law
Error regarding jurisdiction
Subject matter of public importance
Answer: Option B
67.
While considering whether an amendment is to be granted or not
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
The court goes into the merits of the matter and decides . . . . . . . .
The court may not go into the merits of the matter and decide . . . . . . . .
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
Only to plaintiff against defendant
Only to defendant against plaintiff
Both plaintiff and defendant
Only to movable property
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-
Shall send the judgment-debtor to civil prison
Shall take judgment-debtor to the court
Shall at once release him
Shall release him after taking security from him
Answer: Option C
70.
A suit in respect of public charities is provided under
Section 92 of Code of Civil Procedure
Section 41 of Code of Civil Procedure
Section 100 of Code of Civil Procedure
Section 105 of Code of Civil Procedure
Answer: Option A
The Sections in the Code of Civil Procedure
Can be amended by the Parliament
Can be amended by a High Court or the State Legislature
Can be amended by the Court hearing the suit
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?
Order 17, Rule 5
Order 4, Rule 13
Order 6, Rule 10
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
Can entertain and try second suit
Cannot entertain and proceed to try second suit
Shall not proceed to try though may entertain second suit
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 . . . . . . . .
Section 115
Order XXXIX, Rule 1
Section 96
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:
Order 22, Rule 1, Code of Civil Procedure
Order 22, Rule 4A, Code of Civil Procedure
Order 22, Rule 8, Code of Civil Procedure
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?
Judgment not on merit
Judgment founded on breach of Indian law
Judgment against International law
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:
Will not operate as res judicata
Will operate as res judicata
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
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?
Yes
No
Supreme Court did not express any opinion
None of the above
Answer: Option B
79.
In the Code of Civil Procedure, an ex parte decree can be set aside:
Under Order IX Rule 5
Under Order IX Rule 10
Under Order IX Rule 13
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.
B has to necessary file counter claim seeking probate of the Will
An issue will be framed as to the genuineness and validity of the Will, which 'B' can establish without seeking probate
B' has to necessarily file a separate probate petition
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
Territorial jurisdiction
Pecuniary jurisdiction
Both A and B
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?
There is a trust created for public purposes of a charitable or religious nature
There is a breach alleged of such trust, or the direction of the court is
deemed necessary for the administration of such trust
The relief claimed is one or other of the beliefs mentioned in the section
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?
Order 9, Rule 9
Order 11, Rule 21(2)
Order 22, Rule 9
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?
Section 44
Section 36
Section 40
Section 52
Answer: Option A
85.
Every decree and order passed by the court is appealable. Is it true?
Yes
No
All orders are appealable but all decrees are not appealable
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?
Arrest before judgement
Attachment before judgement
Temporary injunction
Appointment of executors
Answer: Option D
87.
The time schedule contained in Order VIII, Rule 1 of Code of Civil Procedure is to be
Followed as a rule and departure therefrom shall also be a rule
Followed as a rule and departure therefrom would be an exception
Followed as a rule and there is no scope for any departure therefrom
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:
Narasimha Rao v. Venkata Lakshmi
Roshanlal v. R. B. Mohan Singh
Venkata Lakshmi v. Narasimha Rao
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
Rejection of a plaint
Determination of question under Section 144 of the Code of Civil Procedure
Any order of dismissal for default
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"?
Rajni Bai v. Kamla Devi
Satyabrat Biswas v. Kalyan Kumar Kisku
P. C. Jairath v. Amrit Jairath
Manohar Lal v. Seth Hiralal
Answer: Option D
Default in filing of written statement has been dealt with
Under Order VIII, Rule 8 of Code of Civil Procedure
Under Order VIII, Rule 9 of Code of Civil Procedure
Under Order VIII, Rule 10 of Code of Civil Procedure
Under Order VIII, Rule 7 of Code of Civil Procedure
Answer: Option C
92.
A plaint is liable to be returned, when
Plaint is on an insufficiently stamped paper
Plaint is not filed in duplicate
Relief is undervalued in the plaint
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
5 days
7 days
9 days
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
When the right to sue survives
When the right to sue does not survive
When the right to sue may or may not survive
All the above
Answer: Option A
95.
Examination de bene esse, under Order 18, Rule 16 Code of Civil Procedure means:
Examination of a witness before the hearing
Examination of a witness after the hearing
The court may at any stage of a suit make local inspection and make a memorandum of any relevant fact
Witness disabled by any reasons authorizes other person acquainted with facts to depose on his behalf
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
Issues of fact
Issues of law
Issues of fact and law
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
15 to 30 days of hearing
5 to 15 days of hearing
30 to 60 days of hearing
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
Can be extended, if the Defendant shows adequate reasons for non filing
Can be extended at the discretion of the Court
Cannot be extended under any circumstances
Can be extended with imposition of heavy costs
Answer: Option C
99.
Original documents can be returned to the party producing it
After the suit is over
After the disposal of appeal, if preferred
After the period of limitation for filing the appeal, if no appeal is preferred
Only B and C are correct
Answer: Option D
100.
Under section clerical and
arithmetical mistakes in judgments can be rectified
152 Code of Civil Procedure
150 Code of Civil Procedure
153 Code of Civil Procedure
153A Code of Civil Procedure
Answer: Option A
An appeal from a decree passed in appeal has been provided
Under section 97 of Code of Civil Procedure
Under section 98 of Code of Civil Procedure
Under section 99 of Code of Civil Procedure
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?
Must be in writing and signed by the party
Must be in writing and need to be lawful agreement
It is required that subject matter of the compromise is the same as the subject matter of the Suit
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
Dismissed
Stayed
Rejected
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
A plaint is presented to the court
A plaint in duplicate is presented to the court
A plaint in triplicate is presented to the court
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?
The examination in chief of a witness shall be on affidavit
For cross examination the commissioner shall be appointed
The District Judge shall prepare a panel of commissioner to record the evidence
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?
Section 88
Section 89
Section 98
Section 99
Answer: Option B
Under Code of Civil Procedure, pleading does not include
Written Statement
Plaint
Evidence
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:
Dinesh Kumar v. Yusuf Ali
Afcon Infrastructure Ltd. v. Cherian Varkey Construction Co.
Bimlesh v. New Delhi Assurance Co.
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
An appeal
A writ petition
A revision petition
None of these
Answer: Option A
10.
When proper Court fees is not paid by the plaintiff, the Court shall-
Reject the plaint
Shall grant time to the plaintiff to pay deficit Court fees
The Court shall send a report to the government
None of the above
Answer: Option B
Who amongst the following is not a legal representative
A trespasser
An intermeddler
A creditor
Both A and C
Answer: Option D
12.
List of witnesses, after settlement of issues, must be filed within
60 days
45 days
30 days
15 days
Answer: Option D
13.
Jurisdiction of a court is decided by:
Subject-matter of the dispute
Pecuniary value of the suit
Place where the dispute arose
All of the above
Answer: Option D
14.
An application for substitution of the legal representatives of a defendant lies
Under Order XXII, Rule 3 of Code of Civil Procedure
Under Order XXII, Rule 4 of Code of Civil Procedure
Under Order XXII, Rule 4A of Code of Civil Procedure
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?
Section 80(2)
Section 20
Order II Rule 3
Order I Rule 8
Answer: Option C
16.
Withdrawal of suits is governed by
Order XXIII, Rule 1 of Code of Civil Procedure
Order XXIII, Rule 3 of Code of Civil Procedure
Order XXIII, Rule 1 and Rule 3 of Code of Civil Procedure
Order XXIII, Rule 3A of Code of Civil Procedure
Answer: Option A
17.
Civil Procedure Code: Principle of resjudicata does not apply
To Writ of Habeas Corpus
To Interlocutory Orders
To dismissal under Order 17, Rule 3
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
The court which passed the decree
The court executing the decree
The Appellate Court
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
Under Order X, Rule 1A
Under Order X, Rule 1B
Under Order X, Rule 1C
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:
As a statutory transfer of the interest of the insolvent in the subject- matter of the suit to the official assignee
As a non-statutory transfer of the interest of the insolvent in the subject- matter of the suit to the official assignee
Either A or B
None of these
Answer: Option A
Under the principle of res-subjudice
The second suit has to be stayed
The previous suit has to be stayed
Either A or B depending on the facts and circumstances of the case
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:
Non-exercise of jurisdiction vested in a court
Irregular exercise of jurisdiction vested in the court
Exercise of jurisdiction not vested in a court
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
The Court which passed the decree
The Court executing the decree
A separate suit
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?
Section 20
Section 12
Section 24
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
Section 180
Section 6
Section 80
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"?
Lal Chand v. Radha Kishan
Sheopersan v. Ramanand Singh
Sulochana Amma v. Narayanan Nair
Pandurang Ramachandra v. Shantibai
Answer: Option B
27.
Which Section of the Code of Civil Procedure provisions for Right to lodge a 'Caveat'?
Section 148
Section 148A
Section 153A
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:
Asian Resurfacing of Road Agency Pvt. Ltd, v. Central Bureau of Investigation 2018 (5) SCALE 269
Board of Control for Cricket in India
v. Kochi Cricket Pvt. Ltd. 2018 (d) SCALE 502
State of Karnaiaka by its Chief Secretary v. State of Tamil Nadu by its Chief Secretary & Ors. (2018) 4 SCC 1
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
The parties themselves
The representatives of the parties
The auction purchaser in execution of decree
All the above
Answer: Option D
30.
A receiver appointed in respect of any property under Order XL of Code of Civil Procedure
Has a right to deal with the property, the way he likes generally
Has a right to deal with the property only with the leave of the court
Has a right to deal with the property without the leave of the court
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?
That parties to both the suits must be the same
That the matter in issue in the second suit must be directly and substantially in issue in prior suit
That prior suit must be pending in the same court or in any court in India, having jurisdiction to grant the relief claimed
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:
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
The hearing is adjourned on the application of the party who subsequently makes the default
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
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?
Order 8, Rule 1
Order 6, Rule 2
Order 3, Rule 3
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:
Secretary to Central Government in case of suit against that Government
President of India in case of suit against the Central Government
Secretary of Railways, in case of suit against Central Government involving railways
A and C both
Answer: Option A
35.
The propositions are: Under Order XVIII, Rule 2 of Code of Civil Procedure
Written arguments can be filed before the conclusion of oral arguments
A copy of the written arguments shall be punished simultaneously to the other party
Adjournment shall be granted generally for the purpose of filing the written arguments
the Court cannot fix any time-limit for oral arguments
Which of the following is correct in respect of the aforesaid propositions:
1 and 3 are correct, 2 and 4 are incorrect
1 and 2 are correct, 3 and 4 are incorrect
1 and 4 are correct, 2 and 3 are incorrect
3 and 4 are correct, 1 and 2 are incorrect
Answer: Option B
36.
What does 'Pauper Suit' mean?
Suit by third party
Suit by public servant
Suit by indigent person
Suit by legal representative
Answer: Option C
37.
A fresh suit in respect of the same cause of action is permissible
Where a suit is dismissed under Order 9, Rule 8
Where a suit is dismissed under Order 9, Rule 3
Where the suit abates under Order 22, Rule 3(2)
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
One month next after notice in writing has been delivered
Three month after notice in writing has been delivered
Two month after notice in writing has been delivered
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:
Quo-warranto
Prohibition
Habeas Corpus
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
The President of India
Attorney General of India
Prime Minister of India
Union of India
Answer: Option D
Under Code of Civil Procedure, Preliminary Decree can be passed in
A suit for partition
A suit for dissolution of partnership
A suit for possession and mesne profit
All of these
Answer: Option D
42.
When the defendant is proceeded ex parte after filing written statement:
The defendant cannot participate in future proceedings
The defendant can participate in future proceedings
The defendant to participate in future proceedings must ask for setting aside of the ex parte order
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?
Section 90A
Section 95A
Section 99A
Section 101B
Answer: Option C
44.
'Set-off' can be claimed
In any suit
In a recovery of money suit
In a suit for possession
In both A and B
Answer: Option B
45.
The plaint shall not be rejected in one of the following conditions:
Where it does not disclose a cause of action
Where it is not submitted by an advocate
Where the relief claimed in undervalued and it is not corrected after the order of Court
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
Exhaustive
Prohibitory
Illustrative
None of the above
Answer: Option C
47.
A legal representative under the Code of Civil Procedure means:
A co-sharer of the benefits arising to the parties to the suit
A person, who in law represents the estate of the deceased
A relative of parties to the suit
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?
State Government
The State of Madhya Pradesh through Commissioner
Collector of concern District
Local Body
Answer: Option A
49.
Jurisdiction lies to the court where the property immovable in nature falls
Particularly in jurisdiction
Substantially in jurisdiction
Both A and B
Only to High Court
Answer: Option B
50.
Books of account
Are liable to attachment and sale in execution of a decree
Are not liable to attachment and sale in execution of a decree
Are no evidence in the eye of law
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?
Order 11, Rule 2
Order 4, Rule 13
Order 6, Rule 10
Order 13, Rule 22
Answer: Option A
52.
Under Section 2(9) of the Code of Civil Procedure 'Judgement' means:
Decree
Order
Statement on grounds of a decree or order
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
Supreme Court only
High Court only
District Court only
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
The provision of the Arbitration and Conciliation Act, 1996
The provision of the Legal Services Authority Act, 1987
Either A or B
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
Only true in criminal cases
Is a true fact
Only true is matrimonial cases
Not a true statement
Answer: Option B
56.
Attachment before judgment can be ordered
Under Order XXXVIII, Rule 1 of Code of Civil Procedure
Under Order XXXVIII, Rule 3 of Code of Civil Procedure
Under Order XXXVIII, Rule 5 of Code of Civil Procedure
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
Both the parties are entitled to cost from each other
Both the parties are not to be deprived of costs
Both the parties are to be deprived of costs
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
Section 99
Section 99A
Section 100
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?
Order 9, Rule 3
Order 4, Rule 13
Order 6, Rule 10
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.
Yes
No
Facts are not sufficient to decide
None of the above
Answer: Option B
Which is the correct statement in context of summary procedure for civil suits?
May be invoked for recovery of a liquidated demand in money payable by the defendant arising out a written contract
May be applied suo motu by any civil court in its discretion in the interest of expeditious adjudication
Requires the defendant to seek leave to defend which, if granted, must be unconditional
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?
No
Yes, but only when such suit is either to be withdrawn or compromised
Yes, but only when leave is to be obtained
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.
The court at Delhi has jurisdiction
The court at Delhi has no jurisdiction because 'B' is a resident of Mumbai and cause of action has arisen in Mumbai
The court at Delhi has jurisdiction with leave of court
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:
Section 5 ⇔ Revenue Court
Section 7 ⇔ Provincial Small Causes Court
Section 9 ⇔ Pecuniary Jurisdiction of Courts
Section 8 ⇔ Presidency Small Causes Courts
Answer: Option C
65.
Section 11 of the Code of Civil Procedure contains:
Five Explanations
Six Explanations
Seven Explanations
Eight Explanations
Answer: Option D
66.
Affidavit in answer to interrogatories shall be filed
Within 7 days of the order
Within 10 days of the order
Within 14 days of the order
Within 15 days of the order
Answer: Option B
67.
The plaints in bank suits should specifically disclose which of the following ingredients?
The rate of interest charged from time to time from the date of loan to date of suit
The rates of interest permissible as per circular/directives of Reserve Bank of India for the corresponding period
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
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;
High Court
State Government
Supreme Court with the previous approval of rules by the Central Government
High Court with the previous approval of rules by the State Government
Answer: Option D
69.
Select the correct statement
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
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
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
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?
Amendment for granting relief on the basis of different approaches to the same facts
Amendment taking note of subsequent events
Amendment for correcting the misdescription of property
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
Order 34
Order 24
Order 43
Order 44
Answer: Option D
72.
The rule of constructive res judicata is-
A product of judicial interpretation
A rule of equity
Contained expressly in Code of Civil Procedure
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.
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
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
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
None of these
Answer: Option A
74.
Which of the following statements is most appropriate?
The institution of the appeal does not by itself operate as stay of the decree appealed against
The appellate court has the power to stay the execution of the impugned decree
Both A and B are correct
Only A is correct and B is incorrect
Answer: Option C
75.
Defendant can claim temporary injunction in a suit filed by the plaintiff
To prevent the suit property being alienated or damaged
To prevent the plaintiff from dispossessing defendant from the suit properly
To prevent the plaintiff from causing any legal injury to the defendant
All of the above
Answer: Option A
76.
Which of the following deals with judgment and decree in the Code of Civil Procedure?
Section 30
Section 29
Section 33
Section 25
Answer: Option C
77.
The provisions regarding 'friendly suits' are in:
Section 90, Order 36 of the Code of Civil Procedure
Section 88, Order 35 of the Code of Civil Procedure
Order 34 of the Code of Civil Procedure
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
Exceed two weeks
Exceed six weeks
Exceed two months
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:
The High Court
The Supreme Court
The Appellate Court
District and Sessions Court
Answer: Option A
80.
Under Section 148 of the Code of Civil Procedure, the Court has power to enlarge time:
Not exceeding 30 days in total
Not exceeding 60 days in total
Not exceeding 90 days in total
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
Before the commencement of trial
After the commencement of trial
Either before or after the commencement of trial
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.
The Court should not allow him any costs
The litigation being presumably groundless on his part
Both A and B
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?
Order 1, Rule 8A
Order 5, Rule 2B
Order 3, Rule 3A
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?
Section 138
Section 133
Section 132
Section 140
Answer: Option A
85.
Interrogatories shall be answered as provided under Order XI, Rule 8 of Code of Civil Procedure
On a simple application
On an affidavit
By filing the documents
All of the above
Answer: Option B
86.
Provisions of Section 39 of Code of Civil Procedure are:
Permissive and not mandatory
Mandatory and not permissible
Mandatory and discretionary
None of the above
Answer: Option A
87.
A person who is appointed to protect the disputed property is known as
A judgement debtor
Commissioner
Receiver
A pauper
Answer: Option C
88.
Provisions of Section 80 of Code of Civil Procedure are binding on
The Court of a Civil Judge
The Court of District Judge
The High Court
All of the above
Answer: Option D
89.
Which of the following deals with service on several defendants in the Code of Civil Procedure?
Order 7, Rule 38
Order 2, Rule 21
Order 5, Rule 11
Order 4, Rule 9
Answer: Option C
90.
Under Order 40, rule 1 of Code of Civil Procedure, a receiver can be appointed
Only before Decree
Only after Decree
Both before or after Decree
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?
Section 10
Section 11
Section 20
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
Stayed
Dismissed
Rejected
Either A, B or C
Answer: Option A
93.
In set-off, court fee is
Payable
Not-payable
Discretionary
Only B not A
Answer: Option A
94.
Who establishes a court of session?
Central Government
State Government
High Court
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
The proceedings shall abate
The proceedings shall not abate irrespective of whether the cause of action survives or not
It is the discretion of the Court to order abatement or non-abatement or not
None of the above
Answer: Option B
96.
Civil Procedure Code, 1908 is not applicable to which of the following namely
Civil matters
Revenue matters
Service matters
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.
It can be attached before the execution of the conveyance in execution of a decree against A
It cannot be attached before the execution of the conveyance in execution of a decree against A
Either A or B
None of these
Answer: Option B
98.
Which one of the following under Code of Civil Procedure is not correctly matched:
Section 50 ⇔ Legal Representative
Section 77 ⇔ Letter of Request
Section 80 ⇔ Notice
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?
Order 8, Rule 6C
Order 4, Rule 13
Order 6, Rule 10
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.
Section 9
Section 12
Section 100
Section 11
Answer: Option D
An appeal from a decree passed in appeal has been provided
Under section 97 of Code of Civil Procedure
Under section 98 of Code of Civil Procedure
Under section 99 of Code of Civil Procedure
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?
Must be in writing and signed by the party
Must be in writing and need to be lawful agreement
It is required that subject matter of the compromise is the same as the subject matter of the Suit
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
Dismissed
Stayed
Rejected
Dismissed or rejected
Answer: Option B
Under Order IV, Rule 1, sub-rule (1) of Code of Civil Procedure, a suit is instituted when
A plaint is presented to the court
A plaint in duplicate is presented to the court
A plaint in triplicate is presented to the court
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?
The examination in chief of a witness shall be on affidavit
For cross examination the commissioner shall be appointed
The District Judge shall prepare a panel of commissioner to record the evidence
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?
Section 88
Section 89
Section 98
Section 99
Answer: Option B
7. Under Code of Civil Procedure, pleading does not include
Written Statement
Plaint
Evidence
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:
Dinesh Kumar v. Yusuf Ali
Afcon Infrastructure Ltd. v. Cherian Varkey Construction Co.
Bimlesh v. New Delhi Assurance Co.
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
An appeal
A writ petition
A revision petition
None of these
Answer: Option A
10.
When proper Court fees is not paid by the plaintiff, the Court shall-
Reject the plaint
Shall grant time to the plaintiff to pay deficit Court fees
The Court shall send a report to the government
None of the above
Answer: Option B
Who amongst the following is not a legal representative
A trespasser
An intermeddler
A creditor
Both A and C
Answer: Option D
12.
List of witnesses, after settlement of issues, must be filed within
60 days
45 days
30 days
15 days
Answer: Option D
13.
Jurisdiction of a court is decided by:
Subject-matter of the dispute
Pecuniary value of the suit
Place where the dispute arose
All of the above
Answer: Option D
14.
An application for substitution of the legal representatives of a defendant lies
Under Order XXII, Rule 3 of Code of Civil Procedure
Under Order XXII, Rule 4 of Code of Civil Procedure
Under Order XXII, Rule 4A of Code of Civil Procedure
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?
Section 80(2)
Section 20
Order II Rule 3
Order I Rule 8
Answer: Option C
16.
Withdrawal of suits is governed by
Order XXIII, Rule 1 of Code of Civil Procedure
Order XXIII, Rule 3 of Code of Civil Procedure
Order XXIII, Rule 1 and Rule 3 of Code of Civil Procedure
Order XXIII, Rule 3A of Code of Civil Procedure
Answer: Option A
17.
Civil Procedure Code: Principle of resjudicata does not apply
To Writ of Habeas Corpus
To Interlocutory Orders
To dismissal under Order 17, Rule 3
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
The court which passed the decree
The court executing the decree
The Appellate Court
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
Under Order X, Rule 1A
Under Order X, Rule 1B
Under Order X, Rule 1C
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:
As a statutory transfer of the interest of the insolvent in the subject- matter of the suit to the official assignee
As a non-statutory transfer of the interest of the insolvent in the subject- matter of the suit to the official assignee
Either A or B
None of these
Answer: Option A
Under the principle of res-subjudice
The second suit has to be stayed
The previous suit has to be stayed
Either A or B depending on the facts and circumstances of the case
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:
Non-exercise of jurisdiction vested in a court
Irregular exercise of jurisdiction vested in the court
Exercise of jurisdiction not vested in a court
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
The Court which passed the decree
The Court executing the decree
A separate suit
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?
Section 20
Section 12
Section 24
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
Section 180
Section 6
Section 80
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"?
Lal Chand v. Radha Kishan
Sheopersan v. Ramanand Singh
Sulochana Amma v. Narayanan Nair
Pandurang Ramachandra v. Shantibai
Answer: Option B
27.
Which Section of the Code of Civil Procedure provisions for Right to lodge a 'Caveat'?
Section 148
Section 148A
Section 153A
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:
Asian Resurfacing of Road Agency Pvt. Ltd, v. Central Bureau of Investigation 2018 (5) SCALE 269
Board of Control for Cricket in India
v. Kochi Cricket Pvt. Ltd. 2018 (d) SCALE 502
State of Karnaiaka by its Chief Secretary v. State of Tamil Nadu by its Chief Secretary & Ors. (2018) 4 SCC 1
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
The parties themselves
The representatives of the parties
The auction purchaser in execution of decree
All the above
Answer: Option D
30.
A receiver appointed in respect of any property under Order XL of Code of Civil Procedure
Has a right to deal with the property, the way he likes generally
Has a right to deal with the property only with the leave of the court
Has a right to deal with the property without the leave of the court
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?
That parties to both the suits must be the same
That the matter in issue in the second suit must be directly and substantially in issue in prior suit
That prior suit must be pending in the same court or in any court in India, having jurisdiction to grant the relief claimed
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:
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
The hearing is adjourned on the application of the party who subsequently makes the default
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
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?
Order 8, Rule 1
Order 6, Rule 2
Order 3, Rule 3
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:
Secretary to Central Government in case of suit against that Government
President of India in case of suit against the Central Government
Secretary of Railways, in case of suit against Central Government involving railways
A and C both
Answer: Option A
35.
The propositions are: Under Order XVIII, Rule 2 of Code of Civil Procedure
Written arguments can be filed before the conclusion of oral arguments
A copy of the written arguments shall be punished simultaneously to the other party
Adjournment shall be granted generally for the purpose of filing the written arguments
the Court cannot fix any time-limit for oral arguments
Which of the following is correct in respect of the aforesaid propositions:
1 and 3 are correct, 2 and 4 are incorrect
1 and 2 are correct, 3 and 4 are incorrect
1 and 4 are correct, 2 and 3 are incorrect
3 and 4 are correct, 1 and 2 are incorrect
Answer: Option B
36.
What does 'Pauper Suit' mean?
Suit by third party
Suit by public servant
Suit by indigent person
Suit by legal representative
Answer: Option C
37.
A fresh suit in respect of the same cause of action is permissible
Where a suit is dismissed under Order 9, Rule 8
Where a suit is dismissed under Order 9, Rule 3
Where the suit abates under Order 22, Rule 3(2)
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
One month next after notice in writing has been delivered
Three month after notice in writing has been delivered
Two month after notice in writing has been delivered
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:
Quo-warranto
Prohibition
Habeas Corpus
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
The President of India
Attorney General of India
Prime Minister of India
Union of India
Answer: Option D
Under Code of Civil Procedure, Preliminary Decree can be passed in
A suit for partition
A suit for dissolution of partnership
A suit for possession and mesne profit
All of these
Answer: Option D
42.
When the defendant is proceeded ex parte after filing written statement:
The defendant cannot participate in future proceedings
The defendant can participate in future proceedings
The defendant to participate in future proceedings must ask for setting aside of the ex parte order
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?
Section 90A
Section 95A
Section 99A
Section 101B
Answer: Option C
44.
'Set-off' can be claimed
In any suit
In a recovery of money suit
In a suit for possession
In both A and B
Answer: Option B
45.
The plaint shall not be rejected in one of the following conditions:
Where it does not disclose a cause of action
Where it is not submitted by an advocate
Where the relief claimed in undervalued and it is not corrected after the order of Court
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
Exhaustive
Prohibitory
Illustrative
None of the above
Answer: Option C
47.
A legal representative under the Code of Civil Procedure means:
A co-sharer of the benefits arising to the parties to the suit
A person, who in law represents the estate of the deceased
A relative of parties to the suit
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?
State Government
The State of Madhya Pradesh through Commissioner
Collector of concern District
Local Body
Answer: Option A
49.
Jurisdiction lies to the court where the property immovable in nature falls
Particularly in jurisdiction
Substantially in jurisdiction
Both A and B
Only to High Court
Answer: Option B
50.
Books of account
Are liable to attachment and sale in execution of a decree
Are not liable to attachment and sale in execution of a decree
Are no evidence in the eye of law
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?
Order 11, Rule 2
Order 4, Rule 13
Order 6, Rule 10
Order 13, Rule 22
Answer: Option A
52.
Under Section 2(9) of the Code of Civil Procedure 'Judgement' means:
Decree
Order
Statement on grounds of a decree or order
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
Supreme Court only
High Court only
District Court only
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
The provision of the Arbitration and Conciliation Act, 1996
The provision of the Legal Services Authority Act, 1987
Either A or B
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
Only true in criminal cases
Is a true fact
Only true is matrimonial cases
Not a true statement
Answer: Option B
56.
Attachment before judgment can be ordered
Under Order XXXVIII, Rule 1 of Code of Civil Procedure
Under Order XXXVIII, Rule 3 of Code of Civil Procedure
Under Order XXXVIII, Rule 5 of Code of Civil Procedure
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
Both the parties are entitled to cost from each other
Both the parties are not to be deprived of costs
Both the parties are to be deprived of costs
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
Section 99
Section 99A
Section 100
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?
Order 9, Rule 3
Order 4, Rule 13
Order 6, Rule 10
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.
Yes
No
Facts are not sufficient to decide
None of the above
Answer: Option B
Which is the correct statement in context of summary procedure for civil suits?
May be invoked for recovery of a liquidated demand in money payable by the defendant arising out a written contract
May be applied suo motu by any civil court in its discretion in the interest of expeditious adjudication
Requires the defendant to seek leave to defend which, if granted, must be unconditional
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?
No
Yes, but only when such suit is either to be withdrawn or compromised
Yes, but only when leave is to be obtained
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.
The court at Delhi has jurisdiction
The court at Delhi has no jurisdiction because 'B' is a resident of Mumbai and cause of action has arisen in Mumbai
The court at Delhi has jurisdiction with leave of court
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:
Section 5 ⇔ Revenue Court
Section 7 ⇔ Provincial Small Causes Court
Section 9 ⇔ Pecuniary Jurisdiction of Courts
Section 8 ⇔ Presidency Small Causes Courts
Answer: Option C
65.
Section 11 of the Code of Civil Procedure contains:
Five Explanations
Six Explanations
Seven Explanations
Eight Explanations
Answer: Option D
66.
Affidavit in answer to interrogatories shall be filed
Within 7 days of the order
Within 10 days of the order
Within 14 days of the order
Within 15 days of the order
Answer: Option B
67.
The plaints in bank suits should specifically disclose which of the following ingredients?
The rate of interest charged from time to time from the date of loan to date of suit
The rates of interest permissible as per circular/directives of Reserve Bank of India for the corresponding period
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
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;
High Court
State Government
Supreme Court with the previous approval of rules by the Central Government
High Court with the previous approval of rules by the State Government
Answer: Option D
69.
Select the correct statement
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
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
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
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?
Amendment for granting relief on the basis of different approaches to the same facts
Amendment taking note of subsequent events
Amendment for correcting the misdescription of property
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
Order 34
Order 24
Order 43
Order 44
Answer: Option D
72.
The rule of constructive res judicata is-
A product of judicial interpretation
A rule of equity
Contained expressly in Code of Civil Procedure
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.
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
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
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
None of these
Answer: Option A
74.
Which of the following statements is most appropriate?
The institution of the appeal does not by itself operate as stay of the decree appealed against
The appellate court has the power to stay the execution of the impugned decree
Both A and B are correct
Only A is correct and B is incorrect
Answer: Option C
75.
Defendant can claim temporary injunction in a suit filed by the plaintiff
To prevent the suit property being alienated or damaged
To prevent the plaintiff from dispossessing defendant from the suit properly
To prevent the plaintiff from causing any legal injury to the defendant
All of the above
Answer: Option A
76.
Which of the following deals with judgment and decree in the Code of Civil Procedure?
Section 30
Section 29
Section 33
Section 25
Answer: Option C
77.
The provisions regarding 'friendly suits' are in:
Section 90, Order 36 of the Code of Civil Procedure
Section 88, Order 35 of the Code of Civil Procedure
Order 34 of the Code of Civil Procedure
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
Exceed two weeks
Exceed six weeks
Exceed two months
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:
The High Court
The Supreme Court
The Appellate Court
District and Sessions Court
Answer: Option A
80.
Under Section 148 of the Code of Civil Procedure, the Court has power to enlarge time:
Not exceeding 30 days in total
Not exceeding 60 days in total
Not exceeding 90 days in total
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
Before the commencement of trial
After the commencement of trial
Either before or after the commencement of trial
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.
The Court should not allow him any costs
The litigation being presumably groundless on his part
Both A and B
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?
Order 1, Rule 8A
Order 5, Rule 2B
Order 3, Rule 3A
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?
Section 138
Section 133
Section 132
Section 140
Answer: Option A
85.
Interrogatories shall be answered as provided under Order XI, Rule 8 of Code of Civil Procedure
On a simple application
On an affidavit
By filing the documents
All of the above
Answer: Option B
86.
Provisions of Section 39 of Code of Civil Procedure are:
Permissive and not mandatory
Mandatory and not permissible
Mandatory and discretionary
None of the above
Answer: Option A
87.
A person who is appointed to protect the disputed property is known as
A judgement debtor
Commissioner
Receiver
A pauper
Answer: Option C
88.
Provisions of Section 80 of Code of Civil Procedure are binding on
The Court of a Civil Judge
The Court of District Judge
The High Court
All of the above
Answer: Option D
89.
Which of the following deals with service on several defendants in the Code of Civil Procedure?
Order 7, Rule 38
Order 2, Rule 21
Order 5, Rule 11
Order 4, Rule 9
Answer: Option C
90.
Under Order 40, rule 1 of Code of Civil Procedure, a receiver can be appointed
Only before Decree
Only after Decree
Both before or after Decree
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?
Section 10
Section 11
Section 20
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
Stayed
Dismissed
Rejected
Either A, B or C
Answer: Option A
93.
In set-off, court fee is
Payable
Not-payable
Discretionary
Only B not A
Answer: Option A
94.
Who establishes a court of session?
Central Government
State Government
High Court
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
The proceedings shall abate
The proceedings shall not abate irrespective of whether the cause of action survives or not
It is the discretion of the Court to order abatement or non-abatement or not
None of the above
Answer: Option B
96.
Civil Procedure Code, 1908 is not applicable to which of the following namely
Civil matters
Revenue matters
Service matters
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.
It can be attached before the execution of the conveyance in execution of a decree against A
It cannot be attached before the execution of the conveyance in execution of a decree against A
Either A or B
None of these
Answer: Option B
98.
Which one of the following under Code of Civil Procedure is not correctly matched:
Section 50 ⇔ Legal Representative
Section 77 ⇔ Letter of Request
Section 80 ⇔ Notice
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?
Order 8, Rule 6C
Order 4, Rule 13
Order 6, Rule 10
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.
Section 9
Section 12
Section 100
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
Legal
Irregular
Unjustified
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?
Section 111
Section 105
Section 108
Section 103
Answer: Option D
3. Under Section 115 of the Civil Procedure Code, revision may lie to
The Supreme Court
The High Court
District Court
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:
Where the earlier suit was unconditionally withdrawn
Where the first suit was dismissed in fault in the presence of the defendant, subject to law of limitation
Where the first suit was dismissed on merits but the plaintiff feels that the decision in wrong
None of the above
Answer: Option D
5. Order VII Rule 11 of the Code of Civil Procedure provides for
Rejection of the plaint
Return of the plaint
Dismissal of the suit
All of the above depending on the facts of the case
Answer: Option A
6. The doctrine of constructive res judicata is explained in:
Section 11, explanation III of Code of Civil Procedure
Section 11, explanation IV of Code of Civil Procedure
Section 11, explanation V of Code of Civil Procedure
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.
Reference
Review
Revision
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
3 months from the date of the decree
6 months from the date of the decree
1 year from the date of the decree
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?
Order 16, Rule 10
Order 11, Rule 23
Order 6, Rule 10
Order 13, Rule 22
Answer: Option B
10.
Which is not a decree?
Rejection of a plaint
Order of dismissal for default
Determination of any question within section 144 of Code of Civil Procedure
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
Six weeks
Two months
Three months
Six months
Answer: Option C
12.
A decision or finding given by a Court or a Tribunal without jurisdiction:
Can operate as res judicata under all circumstances
Cannot operate as res judicata
Cannot operate as res judicata under certain circumstances only
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 . . . . . . . .
Section 148
Section 148A
Section 151
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?
Explanation-I
Explanation-II
Explanation-III
Explanation-IV
Answer: Option D
15.
On the ground of jurisdiction, under section 13 of Code of Civil Procedure
Only a judgment in personam can be challenged
Only a judgment in rem can be challenged
Both judgment in personam and judgment in rem, can be challenged
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:
Where the contract was executed
Where the contract was to be performed
Where the plaintiff resides
Both A and B
Answer: Option D
18.
Mark the incorrect statement:
The mesne profits are a compensation which is penal in nature
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
Wrongful possession by the defendant is the essence of a claim for mesne profits
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:
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
Can be issued under Order XXVI, Rule 4 of Code of Civil Procedure
Can be issued under Order XXVI, Rule 4A of Code of Civil Procedure
Can be issued under either A or B
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?
Section 11, Explanation I
Section 11, Explanation VI
Section 11, Explanation VIII
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
Movable property
Immovable property
Both A and B
Only B and not A
Answer: Option C
23.
A decree shall not operate as resjudicata when
Judgment is passed by a Court which does not have subject jurisdiction
Judgment is obtained by fraud
If collusion is proved between parties
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
Only to the S. C.
No further appeal
By division bench of H. C.
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"
Section 21
Section 22
Section 24
Section 25
Answer: Option A
26.
A party can amend his pleading as provided under:
Order 6, Rule 16
Order 6, Rule 18
Order 6, Rule 17
Order 6, Rule 6
Answer: Option B
27.
Abatement of proceedings is governed
By Order XXII of Code of Civil Procedure
By Order XXIII of Code of Civil Procedure
By Order XXIV of Code of Civil Procedure
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
Under Order IX, Rule 2 of Code of Civil Procedure
Under Order IX, Rule 3 of Code of Civil Procedure
Under Order IX, Rule 8 of Code of Civil Procedure
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?
Order 16, Rule 2
Order 4, Rule 13
Order 6, Rule 10
Order 11, Rule 21
Answer: Option D
30.
Right to appeal from every original decree has been provided under
Section 94 of Code of Civil Procedure
Section 95 of Code of Civil Procedure
Section 96 of Code of Civil Procedure
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
Ex-parte decree will operate as res- judicata
Writ petition dismissed on merits operates as res-judicata
Writ petition dismissed in limine operates as res-judicata
Both A and C
Answer: Option C
32.
Which of the following types of allegation constitute jurisdictional errors?
Exercise of jurisdiction not vested in the court below by the law
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
Either A or B
None of these
Answer: Option C
33.
A court may issue a commission to:
Make local investigation
Make partition
Adjust accounts
All of the above
Answer: Option D
34.
Issues in a civil suit are framed:
When plaint is filed
After written statement is filed
After affidavit by way of evidence has been filed by the plaintiff
Before final arguments
Answer: Option B
35.
Match List-I with List-II and select the correct answer:
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?
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.'
The words, 'before the receipt of such assets,' have been substituted for the words, 'prior to the realisation'
The words, 'by which such assets are held' are omitted after the words 'made application to the court'
The word, 'passed' has been added after the word, 'money'
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.
B can participate in further proceedings of the case
B can seek setting aside of the ex parte order if he is able to show good cause for his non-appearance
Both A and B are correct
Both A and B are incorrect
Answer: Option C
38.
The rule of res judicata is based on the principle that:
There should be an end to litigation
No one should be troubled twice for the same cause of action
Both A and B
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:
Order IX, Rule 9
Order IX, Rule 10
Order IX, Rule 11
None of the above
Answer: Option A
40.
Dasti summons for service on the defendant can be given to the plaintiff under:
Order V Rule 9A, Code of Civil Procedure
Order V Rule 9, Code of Civil Procedure
Order IV Rule 7, Code of Civil Procedure
Order VI Rule 6, Code of Civil Procedure
Answer: Option A
Which of the following combinations are correctly matched-
Equity of ⇔ Section 49 Code of Civil Procedure judgement debtor
Privileged ⇔ Section 29 Code of Civil Procedure documents
Legal ⇔ Section 50 Code of Civil Procedure representative
Pauper suit ⇔ Order 33 Code of Civil Procedure
Select correct answer:
1, 2 and 3
1, 2 and 4
2, 3 and 4
1, 3 and 4
Answer: Option D
42.
Under Section 80 of Civil Procedure Code-
Ninety days
Sixty days
Three months
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:
Question of fact
Mixed question of law and feet
Substantial question of law
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?
Necessary wearing apparel
Promissory Notes
Tools of artisans
Books of accounts
Answer: Option B
45.
Section 10 of the Code of Civil Procedure provides for
Stay of the suit
Summoning witness
Examination of witness
Sentencing the judgement
Answer: Option A
46.
Complete the statement- A Court cannot issue commission:
To examine any person
To make a partition
To collect evidence
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?
Surendra Singh v. State of Uttar Pradesh
Anil Rai v. State of Bihar
State of Uttar Pradesh v. Chandra Bhushan
None of the above
Answer: Option B
48.
Which of the following is not correct regarding the powers of Appellate Court?
Appellate Court has power to determine a case finally
Appellate Court has power to remand the case
Appellate Court has no power to take additional evidence
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?
Section 75
Section 72
Section 59
Section 78
Answer: Option A
50.
A suit filed on behalf of a minor can be
Withdrawn at any time as a matter of right
Cannot be withdrawn
Withdrawn only with the leave of the court
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:
Sale proceeds realised from auction sale
Deposit made by a defaulting purchaser
Money realised in execution of decree
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
Section 34
Section 44
Section 54
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.
Order 7 Rule 11
Order 8 Rule 1
Order 7 Rule 1
Order 5 Rule 1
Answer: Option A
54.
No evidence is required to be pleaded in:
Written statement
Writ petition
Counter affidavit
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?
Order 12, Rule 5
Order 14, Rule 20
Order 19, Rule 1
Order 11, Rule 7
Answer: Option C
56.
Which one of the following cases is on second appeal?
Madan Lal v. Bai Krishna
Sudhir G. Angur v. M. Sanjeev
Sheodan Singh v. Daryao Kunwar
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:
Anyone court may sell the entire estate
The court can sell only that part which is within its jurisdiction
None of the courts can sell any part of the estate
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?
Section 90
Section 88
Section 87
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:
Presumption of fact
Presumption of fact and law both
Rebuttable presumption of law
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?
30 days
45 days
60 days
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.
Both A and R are true and R is the correct explanation of A
Both A and R are true but R is not the correct explanation of A
A is true but R is false
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?
Section 122
Section 127
Section 124
Section 129
Answer: Option B
63.
Counter claim and set off is under
Criminal Procedure Code
Evidence Act
Civil Procedure Code
Partnership Act
Answer: Option C
64.
The principle of Res Judicata
Applies to criminal proceedings also
Applies to suit only
Applies to execution proceedings also
Can be decided by the parties to the suit
Answer: Option C
65.
The nature of Revision under Code of Civil Procedure is that
It operates as a stay of the proceedings
It operates as a stay of a suit
It operates as a stay of proceedings and suit both
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?
Arbitration
Conciliation
Negotiation
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
Person aggrieved
Person aggrieved with permission of court
Any of the parties
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
The court may make an order that the appeal be dismissed
The court shall dispose of the appeal on merits
The court shall pass an order on merits after hearing the respondent
All of these
Answer: Option A
69.
A suit for partition contains which of the following decree?
Preliminary decree
Intermediate decree
Final decree
Both a and C
Answer: Option D
70.
A residing in Delhi publishes in Kolkata statements defamatory of B. B may sue A in
Delhi only
Kolkata only
Either Delhi or Kolkata
Anywhere in India with the leave of the court
Answer: Option C
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.
Both (A) and (B) of the above statement are correct
Only (A) of the above statement is correct
Only (B) of the above statement is correct
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
Decide the validity of Act
Refer the matter to the High Court
High Court should exercise power to revision
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?
Section 2(13)
Section 2(14)
Section 2(18)
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?
Whether a decree is executable?
Whether the property is liable to be sold in execution of the decree?
Whether the decree is fully satisfied?
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
Order IV, Rule 1(1) and 1(2) of Code of Civil Procedure
Order VI of Code of Civil Procedure
Order VII of Code of Civil Procedure
Either A or B or C
Answer: Option A
76.
Summons to be either to settle issues or for final disposal are dealt under:
Order 7, Rule 3
Order 2, Rule 2
Order 6, Rule 10
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
Dismiss the suit
Proceed with the suit
Amend the suit
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?
Not exceeding 30 days
Not exceeding 15 days
Not exceeding 2 Months
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?
No, filing of a suit is not barred provided the fresh suit is filed within the period of limitation
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
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
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
10 days
14 days
15 days
30 days
Answer: Option B
The sections of the Code of Civil Procedure, 1908 can be amended by the
High Court
Supreme Court
Attorney General
Parliament
Answer: Option D
82.
In an Inter-pleader suit, the plaintiff claims:
Interest in the subject matter of the suit
No interest in the subject matter of the suit except charges or costs
No interest in the subject matter of the suit also not claims charges or costs
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
In the pleadings
In any document
In the statement recorded in the court
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:
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
Will operate as res judicata in a subsequent suit between A and B
Depends on the court's discretion
None of the above
Answer: Option B
85.
In law, the term 'restitution' is used in which of the following senses?
Return or restoration of some specific thing to its rightful owner or status
Compensation for benefits derived from a wrong done to another
Compensation or reparation for the loss caused to another
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:
The copy of the summons will be delivered to the defendant
The original summons with the defendant's signature thereon, will be returned to the court
Both A and B
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:
By proceeding against her legal representatives, if she dies
By attachment and sale of her property
By appointing a receiver
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:
Order 8 of Code of Civil Procedure
Order 9 of Code of Civil Procedure
Order 10 of Code of Civil Procedure
Order 11 of Code of Civil Procedure
Answer: Option A
89.
The Court can issue a Commission for Scientific investigation under
Rule 10-A of Order 26 of Code of Civil Procedure
Rule 10-B of Order 26 of Code of Civil Procedure
Rule 10-C of Order 26 of Code of Civil Procedure
Rule 11 of Order 26 of Code of Civil Procedure
Answer: Option A
90.
On which ground plaint can not be rejected?
Where it does not disclose cause of Action
Plaint is filed in such court which does not have jurisdiction to try the suit
Where suit appears to be barred by Law
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?
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
Where a suit may be disposed of on preliminary issue, the court need not pronounce judgment on other issues settled in the case
The preliminary issue may relate to a bar to the suit created and law for the time being in force
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
You will reject the application as not maintainable
You will grant the application as permissible
You will pass alternative order for recording statements by visiting the Spot and to give report of fact finding on basis of such statement
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?
Order 5, Rule 30
Order 9, Rule 8
Order 6, Rule 10
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:
Section 89
Section 144
Section 152
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:
No upper limit, Rs. 3,000, Rs. 50,000
Rs. 50,000, No upper limit, Rs. 3,000
Rs. 3,000, Rs. 50,000 No upper limit
There is no limit in any of the Section
Answer: Option A
96.
Which of the following statement is correct?
An appeal may lie from an original decree passed ex parte
No appeal shall lie from a decree passed by the Court with the consent of parties
No appeal shall lie on a question of law
Only 1
Only 2
Only 3
Both 1 and 2
Answer: Option D
97.
98.
Order 7, Rule 10 to 10B provides for:
Return of Plaint
Admission of Plaint
Rejection of Plaint
Documents relied on in Plaint
Answer: Option A
99.
Which of the following suits is of civil nature?
Suits relating to right to property
Suits relating to right of worship
Suits for damages for civil wrongs
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
Order 34 Rule 1 Code of Civil Procedure
Order 33 Rule 1 Code of Civil Procedure
Order 32 Rule 1 Code of Civil Procedure
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?
For want of jurisdiction
For default plaintiff under Order 9 Rule 8.
For want of notice
On the ground of non-joinder
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
30
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?
A person who in law represents the estate of a deceased person
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
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
All of the above
Answer: Option D
4. A decision on issue of law:
Shall always operate as res-judicata
Shall never operate as res-judicata
May or may not operate as res- judicata
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.
Issues
Claims
Causes of actions
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
Constructive res-judicata
Actual res-judicata
Either A or B
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
Shall form part of record
Shall not form part of the record
Shall not form part of the record unless it follows affidavit
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
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
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
Both A and B are correct
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.
The above statement is true
The above statement is false
It would depend upon the facts and circumstances of each case
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?
Order 5, Rule 30
Order 4, Rule 13
Order 6, Rule 10
Order 7, Rule 14
Answer: Option D
Costs under section 35A of Code of Civil Procedure can be imposed
In an appeal
In a revision
Both in an appeal and a revision
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:
Stays the trial of the subsequent suit
Stays the trial of the previous suit
Prevents simultaneous hearing of previous and subsequent suits under all the circumstances
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
Section 115
Section 94
Section 96
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
By the party calling the witness
By the opposite party
By the Court
None of the above
Answer: Option C
15.
The general power to transfer suits under section 24 has been granted to:
High Court
District Court
Both A and B
Supreme Court
Answer: Option C
16.
Precept is:
A transfer of the decree
An order to another competent court to attach any property of the judgement debtor
An execution of decree
None of the above
Answer: Option B
17.
Arrest of a person in execution of a decree has been provided
Under Section 53 of the Code of Civil Procedure
Under Section 54 of the Code of Civil Procedure
Under Section 56 of the Code of Civil Procedure
Under Section 55 of the Code of Civil Procedure
Answer: Option D
18.
Which of the following cannot be attached before judgment
Agricultural produce
Production of agricultural produce
Both A and B
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
A suit for compensation in respect of such arrest, attachment or injunction lies
A suit for compensation in respect of such arrest, attachment or injunction is barred
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
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:
Afford ground for final decision
To prevent further litigation
Both A and B
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:
Can always challenge the judgment on the ground of competency
Can never challenge the judgment on the ground of competency
Can challenge the judgment on the ground of competency under certain circumstances
Either A or C
Answer: Option B
22.
Which of the following deals with the application for restitution in the Code of Civil Procedure?
Section 150
Section 146
Section 108
Section 144
Answer: Option D
23.
Inter-pleader suit can be filed when
There is claim against Pleader (Advocate)
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
The claim is set up is against two or more trespassers in the property
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
Attachment of property
Arrest of persons
Plaints
Interlocutory orders
Answer: Option D
25.
Interpleader suit has been defined
Under section 88 of Code of Civil Procedure
Under section 89 of Code of Civil Procedure
Under section 90 of Code of Civil Procedure
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
Pecuniary jurisdiction of transferee Court
Territorial jurisdiction of the transferee Court
Pecuniary and territorial jurisdiction of the transferee Court
None of the above
Answer: Option C
27.
Which of the following deals with arrest and detention in the Code of Civil Procedure?
Section 55
Section 50
Section 59
Section 54
Answer: Option A
28.
Civil Procedure Code: In normal course how many adjournment can be granted by Trial Court on sufficient cause?
5
2
3
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
Involves a substantial question of law
Involves simple question of law not necessarily substantial
Involves a question of fact
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?
Order 5, Rule 2
Order 2, Rule 2
Order 6, Rule 10
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
The court which passed the decree
The court executing the decree
The appellate court
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.
Void
Voidable
Illegal
Lawful
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?
Yes, since this will lead to multiplicity of proceedings
Yes, since by filing a counter claim A has accepted the jurisdiction of the courts of New York
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
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-
Keshardeo Chamaria v. Radha Kissen Chamaria
M. P. Shrivastava v. Mrs. Beena
Govardhan Das v. Lachhmiram
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
File a review
File revision
File second appeal
File reference
Answer: Option A
36.
Judgment on admission can be given
Under Order XII, Rule 2 of Code of Civil Procedure
Under Order XII, Rule 4 of Code of Civil Procedure
Under Order XII, Rule 6 of Code of Civil Procedure
Under Order XII, Rule 8 of Code of Civil Procedure
Answer: Option C
37.
Suit for partition of properties situated in different cities:
Cannot be instituted and separate suits have to be filed in each of the cities where the properties are situated
Can be instituted in a city where any of the properties is situated
Can be instituted in a city where majority of the properties or properties/property of maximum value is situated
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:
Frame issues and direct evidence to be led
Direct admission/denial of documents
Pass judgment forthwith
Direct the parties to enter into compromise
Answer: Option C
39.
In which of the following cases, the remedy of revision is not available?
Cases in which first appeal lies
Cases in which second appeal lies
Interlocutory orders
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
Section 141
Section 142
Section 143
Section 144
Answer: Option B
41.
Temporary injunction granted after hearing the parties, shall be operative
Till the final disposal of the suit
Till the settlement/framing of issues
Till the conclusion of the plaintiff's evidence
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
State Government
Central Government
Decree holder
Either A or B or C
Answer: Option C
43.
Principle of res-subjudice is contained in
Section 10 of Code of Civil Procedure
Section 11 of Code of Civil Procedure
Section 13 of Code of Civil Procedure
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?
Section 68
Section 69
Section 70
Section 71
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'
Is a person defending a suit on behalf of a minor
A receiver
A local commissioner
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?
Section 87B
Section 88A
Section 92B
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
Stayed
Dismissed
Either stayed or dismissed
Neither stayed nor dismissed
Answer: Option B
48.
Issues of law can be tried as preliminary issues, if it relates to
The jurisdiction of the court
A bar to the suit created by any law
Either A or B
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?
Section 88
Section 89
Section 90
Section 91
Answer: Option A
50.
Which of the following is true:
The pendency of suit in a foreign court precludes the courts in India from a trying a similar suit
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
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
None of the above
Answer: Option C
Order 42 of the Code of Civil Procedure deals with
Appeal to Supreme Court
Appeal by indigent person
Appeal against orders
Appeal from appellate decrees
Answer: Option D
52.
Discovery and Inspection and administering interrogatories is a procedure under
Common Law
Penal Law
Code of Civil Procedure while trying civil suits and proceedings
Service Law
Answer: Option C
53.
What do the provisions of Section 11 of Civil Procedure Code deal with?
Res judicata
Res subjudice
Garnishee Order
Foreign Judgement
Answer: Option A
54.
An application under Order IX, Rule 13 of Code of Civil Procedure can be made within
30 days of the decree
60 days of the decree
90 days of the decree
6 months of the decree
Answer: Option A
55.
Which of the following is true
Alien enemies residing in India can never sue
Alien enemies residing in India may sue with the permission of the Central Government
Alien enemies residing in India may sue with the permission of the State Government in whose jurisdiction they are residing
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?
Existence of elements of settlement in the opinion of the Court
The parties must share the opinion of the court
Formulation of the terms of settlement by the court
The court should invite the observation of the parties on the terms of settlement
Observations of the parties must be received by the court
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
For partition
For partnership
For possession and mesne profit
All these
Answer: Option D
58.
Which of the following deals with proceedings to be held in camera in the Code of Civil Procedure?
Order 12, Rule 1
Order 10, Rule 9
Order 32A, Rule 2
Order 17, Rule 10
Answer: Option C
59.
Under the Civil Law the term 'multifariousness' means
Misjoinder of cause of actions
Misjoinder of parties
Non-jointer of parties
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:
Decision of a court without jurisdiction
A writ of mandamus and of certiorari
Consent/compromise decree
A writ of habeas corpus
Answer: Option B
Principle of constructive res judicata is contained in
Explanation III of Section 11
Explanation IV to Section 11
Explanation VI to Section 11
Explanation VII to Section 11
Answer: Option B
62.
Objection to the territorial jurisdiction of a Court can be allowed if it is raised
At any stage of the trial
At any time before the plaintiff leads his evidence
At the earliest possible opportunity and before issues are settled
Even at the stage of appeal
Answer: Option C
63.
Provision of Section 80 of Code of Civil Procedure is binding on
The High Court
The court of civil judge
The district judge
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;
45 days
60 days
90 days
120 days
Answer: Option C
65.
Which of the following deals with letter of request in the Code of Civil Procedure?
Section 63
Section 72
Section 77
Section 78
Answer: Option C
66.
Civil Procedure Code: A suit for partition of properties situated in different cities-
Separate suits have to be filed in each of the cities where the properties are situated
Can be instituted in a city where any property are situated
Can be instituted in a city where majority of properties/property of maximum value is situated
Can be instituted where defendants or any of them resides
Answer: Option B
67.
Money under a decree can be paid
In the Court
Out of the Court
Either in the Court or out of the Court
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?
Order 5, Rule 26A
Order 9, Rule 12
Order 6, Rule 10
Order 10, Rule 8
Answer: Option A
69.
Right to appeal is to be governed by
The law prevailing at the time of pronouncement of judgment
The law prevailing at the time of Institution of the suit
The law prevailing on the date of appeal
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?
Tehsildar
Judge
Members of All India Service
Sarpanch
Answer: Option D
Section 89 of the Civil Procedure Code, 1908 provides
Settlement of disputes outside the court
Having opinion from an expert
Issuing commission for getting opinion
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
One-fourth
One-third
Two-third
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:
Six months
Three months
One year
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?
From the tine when the sale becomes absolute
From the time when the property is sold
From the time when the suit was instituted
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:
The suit is to be dismissed on very first day
The suit is to be admitted but summons have to be issued of a date after two months
The plaint is to be returned
Costs have to be imposed
Answer: Option C
76.
Which of the following is not a supplemental proceeding?
Grant of temporary injunction
Appointment of a receiver
Direction to defendant to furnish security
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
Form part of the record
Not form part of the record and shall be returned to the party in whose name the same stand
Not form part of the record and shall be returned to the person(s) producing them
Either B or C
Answer: Option C
78.
Which of the following, in respect of set-off is correct
Set-off can be claimed in a suit for recovery of money
The amount claimed must be ascertained amount
The amount claimed to be set off must be legally recoverable and not barred by limitation
All the above
Answer: Option D
79.
An ex parte decree can be set aside:
Under Order IX, Rule 7 of Code of Civil Procedure
Under Order IX, Rule 11 of Code of Civil Procedure
Under Order IX, Rule 12 of Code of Civil Procedure
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:
If made in pursuance of any contract for such transfer or delivery entered into and registered before the attachment
If made in pursuance of any contract for such transfer or delivery entered into and registered before the attachment
If made in pursuance of any contract for such transfer or delivery entered into before the attachment but registered after the attachment
As in B and C above
Answer: Option A
A suit is bad for non-joinder of a necessary party, as provided
Under Order I, Rule 10 of Code of Civil Procedure
Under Order I, Rule 9 of Code of Civil Procedure
Under Order I, Rule 10A of Code of Civil Procedure
Under Order I, Rule 11 of Code of Civil Procedure
Answer: Option B
82.
The plaint shall be rejected in the following ground also:
Where it is not filed in 2 copies
Where it is not supported with affidavit
Where plaintiff has not affixed his photo
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
Can be oral
Has to be in writing
Can be either oral or in writing
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?
Issuance of Commission
Attachment before judgment
Interim injunction
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
At any stage of the proceedings
After recording the admissions and denials
Before recording the admissions and denials
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:
The suit abates and decree is a nullity
The suit does not abate but the decree against 'A' in her maiden name cannot be executed
The decree can be executed against the husband of 'A' also
The decree may be executed against 'A' in her married name
Answer: Option D
87.
All civil courts have jurisdiction to try-
All suits of a civil nature
All suits civil nature except suits of which their cognizance is expressly not barred
All suits of civil nature except suits of which their cognizance is impliedly not barred
All suits of civil nature except suits of which their cognizance is expressly or impliedly barred
Answer: Option D
88.
Issues mean
Contentions arising out of plaint only
Contentions arising out of written statement only
Rival contentions of the parties based on their pleadings
Presumptions of fact or law or fact and law
Answer: Option C
89.
Court not competent to execute the decree:
Court which has passed the decree
Court to which it is sent for execution
Both A and B
Court of collector
Answer: Option D
90.
An order refusing the leave to defend under Order XXXVII of Code of Civil Procedure can be
Challenged before the court passing the order
Challenged through appeal
Challenged through revision
Either A or B or C
Answer: Option B
A decree for execution:
Cannot be transferred to another court
Can be transferred to another court
May or may not be transferred
Either A or C
Answer: Option B
92.
A judgment can be reviewed on the ground of
Discovery of new and important evidence, not within the knowledge of the party concerned
Mistake of error of fact or law on the face of the record
Both A and B
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
The day on which the judgment was pronounced
The day on which the decree was made
The day on which plaint was filed
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?
No
Yes
Discretion of court
None of the above
Answer: Option B
95.
Which of the following legal pleas need not be pleaded
Estoppel
Limitation
Res-judicata
None of the above
Answer: Option D
96.
A judgment passed by a court can be reviewed by:
The court passing the judgment
The court of District Judge
The High Court
The Supreme Court
Answer: Option A
97.
Which of the following deals with provincial small Cause Courts in the Code of Civil Procedure?
Order 50, Rule 1
Order 31, Rule 6
Order 22, Rule 18
Order 16, Rule 10
Answer: Option A
defendant may apply for leave to defend?
One month
Ten days
One week
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
On the date of presentation of the application for permission to sue as a pauper
On the date on which the permission to sue as pauper granted
Either A or B as directed by the court
Only B and not A
Answer: Option A
98.
Inter-pleader suit is a suit:
Between two advocates
Between Union Government Pleader and State Government Pleader
Instituted by a person who has no interest in the subject matter
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:
Pass interim orders
Grant of injunction
Appoint a receiver
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?
The plaintiff has a prima facie case to go for trial
The protection is necessary from that species of injuries known as irreparable before his legal rights can be established
That the mischief of inconvenience likely to arise from withholding injunction will be greater than what is likely to arise from granting it
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
Along with the plaint
Within seven days from the date of order by the court for issue of summons
On the date fixed for forming of issues by the court
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
Section 114
Section 115
Section 116
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
Is maintainable because he has bona fide purchaser
Is not maintainable because his lis pendens prohibits a party from dealing with property which is the subject matter of suit
Is maintainable because he has not filed independent suit
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
President of India
Central Government
Supreme Court of India
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
When summons duly served on the defendant
When summons served on the defendant but not within sufficient time
When summons not duly served
All the above
Answer: Option D
8. Period of operation of caveat under Code of Civil Procedure is
Fifteen days
Sixteen days
Ninety days
Four months
Answer: Option C
9. What is not a material irregularity under Rule 90 of Order 21 of the Code of Civil Procedure?
Omission to issue notice under Rule 22 of Order 21
Omission to publish sale proclamation under Rule 66 of Order 21
Omission to state the revenue or rent payable on the land
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
Courts situate in any part of India to which the provision of Code of Civil Procedure do not extend
Courts established outside India by the authority of Central Government
A foreign court
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?
Section 41
Section 36
Section 39
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.
30
20
10
45
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:
The ex parte injunction lapses on the expiry of the time for compliance
The ex parte injunction would necessarily be liable to be vacated
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
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
Order 34 Rule 14 Code of Civil Procedure
Order 38 Rule 5 Code of Civil Procedure
Order 2 Rule 6 Code of Civil Procedure
Order 2 Rule 4 Code of Civil Procedure
Answer: Option A
15.
The subject-matter jurisdiction of a civil court extends to:
All claims of civil nature
All claims of a civil nature unless their cognizance is expressly or impliedly barred
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
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:
8
6
4
2
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?
Section 111
Section 109
Section 102
Section 100
Answer: Option C
18.
Res-judicata applies
When the matter in former suit is directly and substantially in issue
When the matter in former suit is collaterally and incidentally in issue
Both A and B
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
At or before the settlement of issues
After the settlement of issues
At the time of evidence
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.
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
The Court-fees having been paid after the expiration of the period of limitation, the suit is time-barred
Both A and B
None of these
Answer: Option C
In a suit against Central Government, the authority to be named as defendant is?
The President
The Prime Minister
The Minister of concerned department
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
Order 32 Rule 1
Order 39 Rule 1
Order 40 Rule 1
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:
The minor cannot claim to supersede the earlier statement and file a fresh written statement
The minor can seek leave to amend the written statement under O. 6, r 17
Both A and B
None of these
Answer: Option C
24.
Under which provision of Code of Civil Procedure attachment before judgement is provided
Order 29 Rule 1, 2
Order 40 Rule
Section 96
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
Detention in civil prison
Either by detention in civil prison or attachment of property
Detention in civil prison and attachment of property
Attachment of property
Answer: Option D
26.
Receiver can be appointed for the purposes of
Protection of rights of the parties to the suit
Prevention of injury to the subject matter of the suit
Both A and B
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?
Three months
Two months
One month
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
Recorded by the Judge
Recorded by the Commissioner appointed by the Court
On affidavit
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
Order XI, Rule 12 of the Civil Procedure Code
Order XII, Rule 12 of the Civil Procedure Code
Order XI, Rule 21 of the Civil Procedure Code
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?
Order VII Rule 11
Order VI Rule 13
Order VII Rule 12
Order VIII Rule 4
Answer: Option A
The Code of Civil Procedure
Applies to the whole of India except Jammu and Kashmir
Applies to the whole of India
Applies to the whole of India except Jammu and Kashmir and Nagaland
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
Any place which has been declared by the Government, by General or Special Order, to be subsidiary jail
Any reformatory, borstal institution or other institution of a like nature
Both A and B
Only A is correct
Answer: Option C
33.
Pleadings must be signed
By the party only
By the pleader only
By the pleader and the party both
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
15 days from the date of service of notice
10 days from the date of service of notice
7 days from the date of service of notice
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?
Order 3, Rule 9
Order 2, Rule 2
Order 1, Rule 6
Order 4, Rule 8
Answer: Option C
36.
The meaning of written statement is:
Suit of plaintiff
Suit of defendant
Answer by defendant of plaintiff's suit
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
Section 25
Section 26
Section 20
Section 21
Answer: Option D
38.
Order XXIII of the Civil Procedure Code applies to the following:
Withdrawal of suits
Appeals
Execution proceeding
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
State of Bombay v. United Motors
State of Rajasthan v. Vidyawati
Vijay v. R. N. Gupta Education Society
Arjun Singh v. Mohinder Kumar
Answer: Option D
40.
Which of the following provisions provide for imposition of costs in a civil suit:
Section 35 of Code of Civil Procedure
Section 35A of Code of Civil Procedure
Section 35B of Code of Civil Procedure
All the above
Answer: Option D
Question that can be determined by the Court executing the decree is-
Relating to execution alone
Relating to discharge alone
Relating to part-payment alone
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?
Whether the cause of action in the previous suit and that in the subsequent suit are identical
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
Whether the plaintiff omitted to sue for a particular relief on the cause of action which had been disclosed in the previous suit
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.
The finding in the former suit that the lease was not validity surrendered was maintainable in spite of notice under section 80
The finding in the former suit that the lease was a validity surrendered but not maintainable for want of notice under section 80
The finding in the former suit that the lease was not validity surrendered was not maintainable for want of notice under section 80
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-
Numerous persons are parties in another suit
Numerous persons belong to the same family
Numerous persons have the same interest in one suit
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?
Section 43
Section 60
Section 59
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-
Ramdayal v. M/s Pannalal
Subhash Chand v. Chairman
Nathu Prasad v. Singhai Kapur Chand
Budhulal v. Chhotelal
Answer: Option C
47.
Supplemental and incidental proceedings are stated in-
Code of Civil Procedure
Criminal Procedure Code
Unlawful Activities (Prevention) Act
None of the above
Answer: Option A
48.
Several persons can be joined as plaintiffs, in cases
Where right arises out of the same act, in favour of such person
Where any common question of law is involved
Both A and B
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?
Section 122
Section 103
Section 128
Section 129
Answer: Option C
50.
Civil Procedure Code: Procedure for suits relating to matters concerning the family is given in-
Order 32A, Code of Civil Procedure
Order 29, Code of Civil Procedure
Order 27A, Code of Civil Procedure
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?
Section 2(11)
Section 2(13)
Section 2(10)
Section 2(12)
Answer: Option A
52.
A party can be called upon, to admit any document, by notice as provided under
Order XII, Rule 2 of Code of Civil Procedure
Order XII, Rule 1 of Code of Civil Procedure
Order XII, Rule 4 of Code of Civil Procedure
Order XII, Rule 3 of Code of Civil Procedure
Answer: Option A
53.
Can a suit be laid after withdrawal of the same?
No
Yes
Yes, if permission is obtained from the court at the time of withdrawal with liberty to file a fresh suit
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:
If fails to disclose a cause of action
It is not filed in duplicate
The plaintiff fails to comply with the provision of Order 7 Rule 9 Code of Civil Procedure
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?
Section 41
Section 36
Section 42
Section 52
Answer: Option C
56.
Under which of the following circumstances, review of judgment may not lie?
By a decree or order from which an appeal is allowed by this code, but from which no appeal has been preferred
By a decree or order from which no appeal is allowed by this code
By a decision on a reference from a court a small causes
Appeal dismissed
Answer: Option D
57.
Which provision of the Code deals with the concept of 'constructive res Judicatca'?
Section 10
Section 11
Section 12
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?
Order 7, Rule 14
Order 9, Rule 12
Order 6, Rule 10
Order 5, Rule 29
Answer: Option D
59.
For the application of the principle of ressubjudice, which of the following is essential
Suits between the same parties or litigating under the same title
The two suits must be pending disposal in a court
The matters in issue in the two suits must be directly and substantially the same
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
Rebuttable presumption of fact
Irrebuttable presumption of fact
Rebuttable presumption of law
Irrebuttable presumption of law
Answer: Option C
Pecuniary jurisdiction of civil court is specified in-
A. P. Court Fees and Suits Valuation Act, 1956
A. P. Civil Courts Act, 1972
Civil Procedure Code
Civil Rules of Practice
Answer: Option C
62.
Which of the following is not true of res-judicata
It can be invoked in a separate subsequent proceedings
It can be invoked at a subsequent stage in the same proceedings
It can not be invoked at a subsequent stage in the same proceedings but only in a separate subsequent proceedings
Both B and C
Answer: Option C
63.
"Nemo debet bis vexari pro una et eaden causa" refers to
Res Sub judice
Res Judicata
Appeal
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
Maintainable
Non-maintainable
Matter of discretion of the court to accept or not
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
10 days of service of summon
15 days of service of summon
30 days of service of summon
60 days of service of summon
Answer: Option A
66.
Amendment in pleading shall be effective
From the date of pleading
From the date of application
From the date of the order
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
Order II, Rule 2 of Code of Civil Procedure
Order II, Rule 3 of Code of Civil Procedure
Order II, Rule 4 of Code of Civil Procedure
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?
Amendment of the pleadings must be allowed at any stage of the proceedings, before the trial has commenced
Amendment which cause prejudice to the other side may not be allowed by the court
The basic or cardinal test for deciding whether an amendment should or should not be allowed is the "real controversy test"
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:
Between co-plaintiffs
Between co-defendants
Public interest litigation
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
Returned
Rejected
Either A or B
None of the above
Answer: Option A
Code of Civil Procedure Provides
For permanent injuction
For prepetual injuction
For temporary injuction
For mandatory injuction
Answer: Option C
72.
Which of the following is true:
Affidavits can be confined only to statements of knowledge
Affidavits can be confined only to statements of beliefs
Affidavits cannot be confined to statements of beliefs only on interlocutory applications
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
Minor
A lunatic
Both A and B
None of the above
Answer: Option C
75.
Limitation for substitution of legal representatives of a judgment debtor in execution proceedings is:
Of 30 days from the date of death of judgment debtor
Of 60 days from the date of death of judgment debtor
Of 90 days from the date of death of judgment debtor
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?
At the time of institution of suit
Before framing of issues
Before the trial begins
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
Section 26
Section 20
Order 3 Rule 1
Order 4 Rule 1
Answer: Option D
78.
The word 'acts' in Order III, Rules 1 and 2 of Code of Civil Procedure
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
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
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
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
The Court at the stage of argument
The Commissioner at the same time
The Court at the same time
The Commissioner at the stage of argument
Answer: Option A
80.
A party filing affidavit in reply to interrogatories
Can be cross-examined upon it
The other party can adduce evidence to contradict it
Can neither cross-examine nor adduce any evidence to contradict it, as it is a conclusive proof
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?
Executors and administrators
Official assignee or receiver
Hindu coparceners
Residuary legatees
Answer: Option B
82.
Costs imposed under Section 35B of Code of Civil Procedure:
Shall be included in the costs awarded in the decree passed in the suit
Shall not be included in the costs awarded in the decree passed in the suit
Shall, if not paid, be executable against the person on whom the costs have been imposed
Only B and C
Answer: Option D
83.
An application under Order IX, Rule 7 of Code of Civil Procedure can be made
Within 60 days of the Order
Within 30 days of the Order
At any time on or before the next date of hearing
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:
May render himself personally liable
He may only give a change upon his property
He may undertake a personal liability and charge his property as further charge
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?
By attachment and sale of property
A decree for restituting of conjugal rights, by sending the person husband or wife as the case may be to civil prison
By appointing a receiver
By delivery of any property specifically decreed
Answer: Option B
86.
Which of the following is not an essential element of a decree:
Conclusive determination of the rights of the parties
Formal expression of adjudication
An adjudication from which an appeal lies as an appeal from an order
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
10 days is condonable
30 days is condonable
90 days is condonable
No limit has been prescribed
Answer: Option D
88.
Where does the second appeal shall lie under Section 100 of Code of Civil Procedure?
High Court
Supreme Court
Distt. Court
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:
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
Those profits which the person in wrongful possession of such property actually received including profits due to improvements made by such person
Those profits which the person in wrongful possession of such property actually received or might have received but without any interest on such profits
Those profits which the person in wrongful possession of such property actually received
Answer: Option A
90.
Point out the wrong statement:
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
No appeal may lie from an original decree passed ex parte
The plaintiff may apply to the court which passed an ex parte decree against him, for an order to set it aside
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
Under Order XVI, Rule 18 of Code of Civil Procedure
Under Order XVI, Rule 14 of Code of Civil Procedure
Under Order XVI, Rule 12 of Code of Civil Procedure
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?
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
Yes, he will be discharged from the debt under the concerned money decree
Yes, he will be discharged from the debt if the money decree is less than Rs. 1 lakh
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?
Order 5, Rule 30
Order 4, Rule 13
Order 10, Rule IB
Order 13, Rule 22
Answer: Option C
94.
Suit for partition of immovable property shall be instituted in the Court where:
Plaintiff resides
Plaintiff carries on his profession
Subject matter is situated
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?
A Judge
Sarpanch of a Gram Panchayat
A person in the service getting pay from the Government
None of the above
Answer: Option B
96.
If the suit is filed in a court having no jurisdiction . . . . . . . .
It shall be dismissed
It may be dismissed
It shall be returned
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?
Section 18
Section 20
Section 25
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?
No, as a written application under Order XXIII Rule 3 Code of Civil Procedure signed by both parties is mandatory
Yes, but only when both parties file affidavits before the court accepting the compromise and settlement
Yes, if the compromise is in writing and signed by the parties
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?
Order 12, Rule 3
Order 4, Rule 13
Order 6, Rule 10
Order 13, Rule 22
Answer: Option A
100.
Which of the following determinations does not come under the definition of "decree"?
An adjudication which conclusively determines the rights of the parties with regard to some of the matters in issue before the court
Rejection of a plaint
Determination of any question under Section 144 of the Code of Civil Procedure
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
The suit as a whole abates
The suit abates against the deceased defendant only
Suit does not abate against any one
None of these
Answer: Option B
2. An application for amendment of pleadings is filed under:
Order 6 Rule 17
Order 6 Rule 5
Order 38 Rule 5
Order 21 Rule 1
Answer: Option A
3. Provisions relating to set off and counter claims under Civil Procedure Code, 1973 are contained in
Order VI
Order VII
Order VIII
Order IX
Answer: Option C
4. Garnishee' is a person who is:
Defaulter
Decree holder
Debtor of judgement debtor
Foreigner
Answer: Option C
5. Which of the following are the only constraints of the Appellate Court under O. 41, r 33?
The parties before the lower courts should be there before the Appellate Court
The question raised must be properly arise out of the judgment of the lower court
Both A and B
None of these
Answer: Option C
6. A suit in representative capacity can be filed by virtue of
Order I, Rule 8A of Code of Civil Procedure
Order I, Rule 10A of Code of Civil Procedure
Order I, Rule 8 of Code of Civil Procedure
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
15 days from the date of issue of the commission
30 days from the date of issue of the commission
60 days from the date of issue of the commission
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:
The Subordinate Court refers the case of the High Court for the latter's opinion on a question of law
The Subordinate Court refers the case to the High Court for the latter's opinion on a question of evidence
The Subordinate Court refers the case to the High Court for the latter's opinion on a question of fact
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
Part only of the plaint can be rejected
Whole of the plaint is to be rejected
Part only of the plaint or the whole plaint can be rejected
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?
Proceeding of suit
Trial of suit
Inquiry of suit
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?
Section 18
Section 28
Section 22
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
Rules 8 and 15A of Order 33
Rules 7 and 15A of Order 33
Rules 6 and 15A of Order 33
Rules 5 and 15A of Order 33
Answer: Option A
13.
Remedies available against an ex parte decree include-
Appeal
Review
Application for setting aside the decree
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?
Order 7, Rule 19
Order 5, Rule 14
Order 6, Rule 10
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-
Section 105 Code of Civil Procedure
Section 103 Code of Civil Procedure
Section 115 Code of Civil Procedure
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?
Order 5, Rule 30
Order 8, Rule 10
Order 6, Rule 10
Order 10, Rule 22
Answer: Option B
18.
Under which provision of Code of Civil Procedure an Ambassador can be sued?
Section 86
Section 88
Section 88A
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?
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
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
Yes, if the consequential relief, if claimed in another suit, would not be barred under the law of limitation
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:
45 days
60 days
90 days
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.
The second suit is barred by res judicata
The rule of res sub judice will apply
Both A and B
None of the above
Answer: Option B
22.
Provisions of Section 10 of Code of Civil Procedure are:
Directory
Mandatory
Non-mandatory
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?
Delhi High Court Bar Association v. Union Of India
Allahabad High Court Bar Association v. Union Of India
Salem Advocate Bar Association v. Union Of India
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
abate
Not abate
Be decided ex parte
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
Under Order IX, Rule 13 of Code of Civil Procedure
Under Order XXXVII, Rule 4 of Code of Civil Procedure
Under Order XXXVII, Rule 7 of Code of Civil Procedure
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?
Order 6
Order 7
Order 8
Order 9
Answer: Option A
27.
Under Order V, Rule 9(3) of Code of Civil Procedure, summon to defendant can be served through
Courier services
Fax messages or electronic mail services
Either A or B
Neither A nor B
Answer: Option C
28.
Provisions relating to suit by or against a minor, are contained in
Order XXXIII of Code of Civil Procedure
Order XXXII of Code of Civil Procedure
Order XXXI of Code of Civil Procedure
Order XXXIV of Code of Civil Procedure
Answer: Option B
29.
Section 115 applies to
Exercise of jurisdiction not vested in a court
Non-exercise of jurisdiction vested in a court
Irregular exercise of jurisdiction vested in the court
All the above
Answer: Option D
30.
The provision for substituted service of summons on the defendant(s) has been made under
Order V, Rule 19 of Code of Civil Procedure
Order V, Rule 19A of Code of Civil Procedure
Order V, Rule 20 of Code of Civil Procedure
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?
Section 11
Section 16
Section 13
Section 12
Answer: Option D
32.
A right to set-off has been granted
Under Order VIII, Rule 6 of Code of Civil Procedure
Under Order VIII, Rule 6A of Code of Civil Procedure
Under Order VIII, Rule 6B of Code of Civil Procedure
Under Order VIII, Rule 6C of Code of Civil Procedure
Answer: Option A
33.
Civil Procedure Code: A suit may be defeated due to
Non-joinder of proper party
Mis-joinder of necessary party
Non-joinder of necessary party
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?
Yes, specific permission and order of the Court is required
No, specific permission is not required
Specific permission is required if the defendant raises an objection
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?
Section 141, Code of Civil Procedure
Section 142, Code of Civil Procedure
Section 143, Code of Civil Procedure
Section 144, Code of Civil Procedure
Answer: Option D
36.
"Framing of issues" is provided by which Rule of Code of Civil Procedure?
Order XV Rule 1
Order XIV Rule 1
Order XVI Rule 1
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.
The second application is barred by res judicata
Res judicata does not apply to interlocutory orders like temporary injunctions
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
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
Registered post acknowledgement due
Speed post
Courier services
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
Satisfaction of decree.
Setting aside or reversal of decree.
Dismissal of execution application for decree holder's default.
Death of the decree holder.
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
Cross-examination of a witness
Re-examination of a witness
Both A and B
Neither A nor B
Answer: Option D
40.
Section 114 of Code of Civil Procedure should be read with-
Order 46, Rule 1
Order 47, Rule 1
Order 47, Rule 3
Order 41
Answer: Option B
Private alienation of property after attachment of the same is-
Voidable at the option of the decree holder
Voidable at the option of the judgement debtor
Void ab initio
Voidas against all claims enforceable under the attachment
Answer: Option D
42.
Which one of the following is not a suit of civil nature?
Suits relating to right of worship
Suits relating to partnership
Suits relating to common law rights
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:
On the application of the plaintiff
On the application of the defendant
On the application of any party
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
Within 60 days of service of summon for judgment
Within 30 days of service of summon for judgment
Within 10 days of service of summon for judgment
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?
Section 111
Section 109
Section 108
Section 100
Answer: Option B
47.
Which of the following is not a decree?
Rejection of a plaint
Dismissal in default
Both A and B
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:
The High Court
The District Court
The Court which passed the decree
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
In lieu of issuing a commission
In addition to issuing a commission
Either A or B
Neither A nor B
Answer: Option A
50.
Decree' under Civil Procedure Code, 1908 has been defined in its
Section 2(1)
Section 2(2)
Section 2(a)
Section 2(b)
Answer: Option B
Which of the following Sections of the Code of Civil Procedure provide grounds for second appeal?
Section 96
Section 100
Section 100A
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
XVIII
XX
XVI
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
Triplicate
Duplicate
Quadruplicate
Only C and not A or B
Answer: Option B
54.
Doctrine of restitution is contained in
Section 144 of Code of Civil Procedure
Section 145 of Code of Civil Procedure
Section 148 of Code of Civil Procedure
Section 149 of Code of Civil Procedure
Answer: Option A
55.
An application can be filed for review of a judgment if . . . . . . . .
If the judgment is erroneous
If there is error apparent on the face of the record
If the matter is important and requires rehearing
None of the above
Answer: Option B
56.
Judgment-debtor means:
Any person against whom a decree has been passed
An order capable of execution has been made
Either A or B
None of these
Answer: Option C
57.
Which of the following orders is not appealable under the Code of Civil Procedure
An order under Section 95
An order under Order XL Rule 1
An order under Order XI Rule 21
An order under Section 24
Answer: Option D
58.
What the court can do when neither party appears when it is called for hearing?
Ex parte order
Refer for arbitration
Refer for conciliation
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:
No
On technical ground
With the consent of parties
Yes
Answer: Option D
60.
Mark the incorrect proposition:
Set-off is a statutory defence to a plaintiff's action, whereas a counterclaim is a cross-action.
Set-off and counter-claim arises out of the same transaction.
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.
Claim for set-off cannot exceed plaintiff's claim, whereas counterclaim can exceed the plaintiffs claim.
Both set-off and counter-claim cannot exceed the pecuniary jurisdiction of the court.
1 only
2 only
3 and 5
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
Under section 18 of Code of Civil Procedure
Under section 19 of Code of Civil Procedure
Under section 20 of Code of Civil Procedure
Under section 21 of Code of Civil Procedure
Answer: Option B
62.
Properties that can be attached are:
Money, Bank Notes, Cheques, Bills of exchange, Hundis, Promissory notes
Stipends and gratuities allowed to pensioners of the Government
Books of account
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.
The suit is barred
The suit is not barred
The suit may or may not be barred
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.
The statute may create a specific forum for its enforcement
If no machinery is provided for enforcement civil court can entertain the suit
Both A and B
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.
Rule 9
Rule 9A
Rule 10
Rule 11
Answer: Option B
66.
Second appeal under Section 100 of Code of Civil Procedure lies
On question of facts
On substantial questions of law
On mixed question of law and fact
All the above
Answer: Option B
67.
Appeals can be preferred against
Decree
Order
Both decree and order
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:
Can bring a fresh suit on the same cause of action as a matter of right
Can bring a fresh suit on the same cause of action only with the leave of the court
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
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
To refer the matter of Mediator
Necessary for the ends of justice or to prevent abuse of the process of the Court
For compelling the parties to settle their case
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
Special circumstances which prevented him from appearing or applying for leave to defend
Facts which would entitle him to leave to defend
Both A and B
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?
Order XXXII
Order XXXIII
Order XXXIX, Rule 2A
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?
Yes
No
Never
None of the above
Answer: Option A
73.
Suits relating to constitutional validity of statutory instruments are provided in-
Order 27A, Rule 1-A of the Code of Civil Procedure
Order 34, Rule 1 of the Code of Civil Procedure
Order 32A, Rule 3 of the Code of Civil Procedure
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
In reasonable time
Fourteen Days
Sixty Days
Three Days
Answer: Option B
75.
Costs can be imposed in
A suit
Execution proceedings
A suit as well as execution proceedings
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?
Order 5, Rule 30
Order 4, Rule 13
Order 9, Rule 5
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
Order XXII, Rule 10 of Code of Civil Procedure
Order XXII, Rule 10A of Code of Civil Procedure
Order XXII, Rule 4A of Code of Civil Procedure
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:
Rs. 3,000/- or the limit of pecuniary jurisdiction of the Civil Judge, whichever is more
Rs. 3,000/- or the limit of pecuniary jurisdiction of the Civil Judge, whichever is less
Rs. 5,000/- or the limit of pecuniary jurisdiction of the Civil Judge, whichever is less
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-
Decree
Order
Judgement
Appellate order
Answer: Option A
80.
Which of the followingis true of rules framed by the Supreme Court with reference to appeals to it?
They are a special law within s. 4 of the Code of Civil Procedure
They must take precedence over s. 114 or O.47
Both A and B
None of these
Answer: Option C
Decree of restitution of conjugal rights may be enforced:
By detention of judgment debtor in civil prison
By attachment of his property
A and B both
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;
Order 21 Rule 32
Order 22 Rule 31
Order 21 Rule 25
None of the above
Answer: Option A
83.
Objection as to the place of suiting
Can only be taken before the court of first instance at the earliest possible opportunity
Can be taken before the appellate court for the first time
Can be taken before the court of revision for the first time
All the above
Answer: Option A
84.
Provision for grant of temporary injunction is provided in of
the Code of Civil Procedure.
Section 95 read with Order XXXIX
Section 78
Section 95 read with Order XXXVII
Section 151
Answer: Option A
85.
Attachment of portion of salary can be continued for a maximum period of . .
. . . . . .
6 months
12 months
24 months
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
Issue a warrant for his arrest
Attach and sell his property
Impose a fine upon him not exceeding Rs. 5,000/-
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
May pronounce the judgment at once
May order for striking off the defence
May pass any other order
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
The cause of action survives
The relief survives
The right to sue survives
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?
Order 7, Rule 3
Order 5, Rule 7
Order 6, Rule 10
Order 4, Rule 8
Answer: Option B
88.
Which of the following deals with objections to jurisdiction in the Code of Civil Procedure?
Section 18
Section 20
Section 21
Section 25
Answer: Option C
89.
The provisions relating to Mesne Profits are provided in which Section of Civil Procedure Code, 1908?
Section 2(10)
Section 2(12)
Section 2(14)
Section 2(16)
Answer: Option B
92.
A suit may be dismissed under Order 9 of Code of Civil Procedure, 1908:
Where the summons is not served upon the defendant in consequence of the plaintiffs failure to pay costs for service of summons.
Where neither the plaintiff nor the defendant appears.
Where plaintiff, after summons returned unserved, fails for 7 days to apply for fresh summons.
Where on the date fixed for hearing in a suit only defendant appears and he does not admit the plaintiffs claim.
1, 2 and 3
1, 3 and 4
2, 3 and 4
All of the avove
Answer: Option D
93.
A review petition is maintainable where:
The review applicant has already filed an appeal which is pending
The opposite party files an appeal, after review petition was filed
Appeal filed by the review applicant has been dismissed by a speaking order on merits
Filing of appeal by any side is immaterial
Answer: Option B
94.
If the plaintiff wants to withdraw the suit, then
The plaintiff can withdraw the suit against all the defendants if there are more than one
The plaintiff has the liberty to withdraw the suit against some of the defendant if there are more than one
The plaintiff has the liberty to withdraw the suit against anyone of the defendants
All the above
Answer: Option D
95.
A decree holder:
Need not be a party to the suit
The term is not confined to plaintiff
Both A and B
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?
Section 46
Section 48
Section 45
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
Order 7 Rule 11(a)
Order 7 Rule 11(b)
Order 7 Rule 11(d)
Order 7 Rule 11(c)
Answer: Option A
98.
Can the court order payment of money by instalments, after the decree?
Yes
No
Never
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:
Ramchandra Dagdu Sonavane v. Vithu, AIR 2010 SC 818
Sushil Kumar v. State, AIR 2010 SC 832
Parminder Kaur v. State, AIR 2010 SC 840
Alagarsamy v. State, AIR 2010 SC 849
Answer: Option A
100.
Multifariousness in a suit results due to
Misjoinder of parties
Misjoinder of cause of action
Misjoinder of parties and misjoinder of cause of action
Either misjoinder of parties or misjoinder of cause of action
Answer: Option C
Which of the following combinations are correctly matched?
Judgement and decree ⇔ Section 34, Code of Civil Procedure
Costs ⇔ Section 35, Code of Civil Procedure
Institution of suits ⇔ Section 26, Code of Civil Procedure
Legal representative ⇔ Section 50, Code of Civil Procedure
Select correct answer:
2, 3 and 4
1, 2 and 3
1, 3 and 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?
Section 41
Section 36
Section 39
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:"
Amending the findings
For enhancing or remitting the amount of costs
For correcting the clerical or arithmetical error
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?
There should not be conflict of interest between the defendants
They must be co-defendants in more than one suit
The question between the defendants must have been finally decided
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:
Civil imprisonment up to three months for the judgment debtor
Civil imprisonment up to six months from the judgment debtor
Civil imprisonment up to nine months from the judgment debtor
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
Any adult male member of his family
Any adult female member of his family
A servant engaged by the defendant at his residence
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
Can be taken at any stage of the proceedings
Should be taken at the earliest possible opportunity or shall be invalid
Can be taken in appeal or revision for the first time
Either A or C
Answer: Option B
8. Abatement of suit can be set aside
Under Order XXII, Rule 9 of Code of Civil Procedure
Under Order XXII, Rule 10 of Code of Civil Procedure
Under Order XXII, Rule 10 of Code of Civil Procedure
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
On the date of hearing only the defendant appears and the plaintiff does not appear
On the date of hearing neither party appears
Court fee or postal charges are not paid by the plaintiff for issuance of summons to the defendant
All the above
Answer: Option A
10.
Arrest and detention of a person in civil imprisonment in execution of a decree:
Absolves him from liability under the decree but can be re-arrested
Does not absolve him and the person cannot be re-arrested
Does not absolve him and the person can be re-arrested
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?
Second appeal
Restitution
Res Judicata
Suit against government
Answer: Option A
12.
Which of the following relates to set off?
Order VIII
Order VII
Order VI
All of the above
Answer: Option A
13.
Pleadings under Civil Procedure Code, 1908 essentially means
Written statement only
Plaint only
Plaint and Written Statement
Plaint, Written Statement and replication
Answer: Option C
14.
The power under Order XXXVII, Rule 4 of Code of Civil Procedure is
Confined to setting aside the ex- parte decree
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
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
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:
Arbitration/conciliation/mediation
Judicial settlement, including that through Lok Adalat
Both A and B
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?
Adjudication of civil court
Conclusive determination of rights
Any order of dismissal for defaults
Formal expression of an adjudication
Answer: Option C
17.
In an 'Inter-pleader suit' there
Are several claimants claiming the property adverse to each other
Is only one claimant claiming the property against the other
Are several claimants claiming the property under common interest of all
None of the above
Answer: Option A
18.
Where a decree is silent as regards future interest
Future interest shall be deemed to have been refused and a separate suit shall lie for the same
Future interest shall be deemed to have been refused and a separate suit shall not lie
Future interest shall be deemed to have been inadvertently omitted and an application can be moved before the court
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
7 days
15 days
21 days
30 days
Answer: Option D
20.
Litigating parties, upon court
jurisdiction of the court, by mutual consent.
Cannot confer or cannot take away
Can confer or can take away
Cannot confer but can take away
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?
Simple adjournment
Dismissal of suit
Imposition of costs
Adjournment sine-die
None of these
Answer: Option B
22.
What is the essence of pleadings?
Plead facts not law
Plead law not facts
Plead facts and law
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
Refund of whole of the Court fee
No refund
Proportionate refund
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?
The tribal areas in the State of Assam
Save as hereinafter provided, the Scheduled areas in the State of Madras
The State of Jammu and Kashmir
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
To sue
To plead a set-off
To plead a counter-claim
All the above
Answer: Option D
26.
Under section 75, a commission can be issued
To make local investigation
To hold a scientific, technical or expert investigation
To perform any ministerial act
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.
Yes, he will win the case
No
No, because of the application of Rule of Law
None of the above
Answer: Option A
28.
Section 115 of the Civil Procedure Code provides provision for the following:
Reference
Review
Revision
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
Shall lie on the ground that compromise is not lawful
Shall not lie on the ground that the compromise is not lawful
Shall not lie on any ground
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)
37
38
Answer: Option C
Which of the following statements are correct in the context of Section 5 of Code of Civil Procedure?
Revenue Court is a part of Civil Court
Civil Court. means courts having original jurisdiction under Code of Civil Procedure but not Revenue Court
Civil Court means courts having original jurisdiction under Code of Civil Procedure including Revenue Court
Revenue Court is not a part of Civil Court
1 and 2
2 and 3
2 and 4
3 and 4
None of these
Answer: Option C
32.
A plea of 'demurrer' means that
The suit is barred by law for the time being in force under Order VII, Rule 11(d) of Code of Civil Procedure
The suit is barred, the plaint being not supported by the affidavit as required under Order VI, Rule 15 of Code of Civil Procedure
The plaint does not disclose any cause of action
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
All the parties
Anyone of the parties
All the parties if there are more than one or anyone of the parties only
A and B
Answer: Option C
34.
Who amongst the following under section 83 of Code of Civil Procedure cannot sue in any court
Alien enemy residing in India with the permission of the Central Government
Alien enemy residing in a foreign country
Alien friend
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
90 days
60 days
45 days
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?
Order 5, Rule 13
Order 9, Rule 12
Order 6, Rule 10
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
Cannot be dispensed with under any circumstances
Can be dispensed with in respect of a defendant who has failed to file the written statement
Can be dispensed with in respect of a defendant who having filed the written statement, does not appear and contest the suit
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?
Section 111
Section 101
Section 108
Section 100
Answer: Option B
39.
Which of the following is a correct statement?
A woman can be arrested for execution of money decree
A woman can be arrested and released on bail in execution of money decree
A woman cannot be arrested for execution of money decree
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.
21A
20
22
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.
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
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
The said documents will be read in evidence at the time offinal arguments
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
When on the date fixed for hearing in a suit, neither of the parties appear
When on the date fixed for hearing, the defendant(s) appears but the plaintiff does not appear
When the plaintiff fails to pay the court fee or postal charges for the service of summons of the suit to the defendant(s)
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?
Order 5, Rule 30
Order 4, Rule 13
Order 6, Rule 4
Order 9, Rule 10
Answer: Option D
44.
Match the following lists:
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
60 days
30 days
90 days
14 days
Answer: Option A
46.
The Civil Court can grant an injunction without issuing notice to the defendant,
In all cases
Only if the object of granting injunction would be defeated by delay and after recording reasons therefor
If the plaintiff offers some security for loss occasioned to the defendant by such ex parte order
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?
Order 12, Rule 1
Order 10, Rule 9
Order 19, Rule 6
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
Where such arrest, attachment or injunction was applied for on insufficient grounds
Where the suit of the plaintiff fails and it appears that there was no reasonable or probable grounds for instituting the same
Either A or B
Only B and not A
Answer: Option C
49.
Suit for recovery of money in promissory notes can be filed
Under normal procedure
Under summary procedure as laid down in Order 37, Code of Civil Procedure
In the High Court
As a writ petition
Answer: Option B
50.
Principle of res judicata applies to . . . .
. . . .
Suits only
Execution proceedings only
Arbitration proceedings only
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:
Scandalous and irrelevant
Mala fide and immaterial
Privileged
All of these
Answer: Option D
52.
Who shall produce the evidence first
Plaintiff
Defendant
Either plaintiff or defendant
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?
Order 5, Rule 9A
Order 2, Rule 2
Order 6, Rule 10
Order 4, Rule 8
Answer: Option A
54.
State of Uttar Pradesh v. Nawab Hussain, 1977 SCR (3) 428 relates to:
Res subjudice
Res judicata
Constructive res judicata
Deemed res judicata
Answer: Option C
55.
In a suit, issues are framed in respect of
Questions of facts
Questions of law
Mixed question of fact and law
All the above
Answer: Option D
56.
As per Section 148 of Code of Civil Procedure, the Court may enlarge the prescribed period for
15 days
30 days
60 days
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-
True
False
Partly true
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:
Dismiss the whole suit
Dismiss the suit so far as it relates to the remainder
Pass the decree of the whole claim
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
Legal
Justified
Proper
Illegal
Answer: Option D
60.
A decree for specific movable property can be executed
By attachment
By detention
By seizure
All the above
Answer: Option D
Profit received during wrongful possession over a property is
Casual profit
Actual profit
Conditional profit
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:
30 days
60 days
90 days
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?
Section 55
Section 56
Section 59
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,
Through post
Through any court having jurisdiction in the place where the defendant resides
Through the High Court in the place where the defendant resides
Either A or B or C
Answer: Option A
65.
In a suit, the list of witnesses has to be filed by the parties
Before settlement of issues
After settlement of issues
At any time
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
Section 73 of Code of Civil Procedure
Section 74 of Code of Civil Procedure
Section 75 of Code of Civil Procedure
Section 76 of Code of Civil Procedure
Answer: Option A
67.
Civil Procedure Code Pleading does not include
Plaint
Written Statement
Evidence
Material Facts
Answer: Option C
68.
Suit to include the whole claim under which of the following in the Code of Civil Procedure?
Order 2, Rule 2
Order 7, Rule 9
Order 3, Rule 3
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
Section 36 of Advocates Act, 1961
Section 42 of Advocates Act, 1961
Section 42A of Advocates Act, 1961
Section 28 of Advocates Act, 1961
Answer: Option B
70.
Appointment of receiver has been dealt with
Under Order XLIV
Under Order XLII
Under Order XL
Under Order XLV
Answer: Option C
Which of the following questions is not to be determined by an executing court?
Discharge of decree
Execution of decree
Modification of decree
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:
The plaintiff is willing to bear the costs thereof
The defendant stays outside the territorial jurisdiction of the Court
The defendant is avoiding service or cannot be served in ordinary way
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
Can sue in any court only with the permission of the Central Government
Can sue in any court with the permission of the State Government of the State where he is residing
Either A or B
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-
The court which passed that decree
The court to which the decree is transferred for execution by the court passing the decree
Any court having jurisdiction concurrent to the court that passed the decree
Either by court A or B as above
Answer: Option D
75.
Order 5 of Code of Civil Procedure provides for:
Issue and Service of Summons
Institution of Suits
Pleadings Generally
Admissions
Answer: Option A
76.
Which one of the following provision of Civil Procedure Code, 1908 is related to affidavit
Order 17
Order 19
Order 26
Order 39
Answer: Option B
77.
In a suit against a Corporation, the summons may be served on:
Any employee of the corporation
Relative of the director of the corporation
Principal officer of the corporation
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:
Within ten days of such service enter an appearance and file in Court an address for service of notices on him
Within seven days of such service enter an appearance and file in Court an address for service of notices on him
File written statement within 30 days of such service
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
Arbitration proceedings
Civil proceedings
Both A and B
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?
In 45 days
In one month
In 45 days
In 21 days
Answer: Option B
Under Civil Procedure Code, 1908 copy of plaint.
Shall be attached with every summons
Is not necessary to attach with every summons
May be attached with the summons when court permits
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?
Section 153A
Section 153B
Section 153C
Section 153D
Answer: Option B
83.
Enlargement of time fixed by the court is provided under Section:
144 Code of Civil Procedure
151 Code of Civil Procedure
152 Code of Civil Procedure
148 Code of Civil Procedure
Answer: Option D
84.
In a suit where the doctrine of res judicata applies
The suit is liable to be dismissed
The suit is liable to be stayed
Both A and B
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
Not exceeding Rs. 2000
Not exceeding Rs. 3000
Not exceeding Rs. 4000
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?
They are a special law within Section 4 of the Code of Civil Procedure
They must take precedence over Section 114 or Order 47
Both A and B
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:
Order 9, Rule 13 of Code of Civil Procedure
Order 37, Rule 4 of Code of Civil Procedure
Order 37, Rule 7 of Code of Civil Procedure
Either A or B or C
Answer: Option B
88.
Judgment' means-
Decree given by court
Order given by Court
Statement given by a judge on the grounds of decree
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?
Order 3, Rule 1
Order 1, Rule 5
Order 3, Rule 3
Order 4, Rule 8
Answer: Option B
90.
Match List-I with List-II and select the correct answer:
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:
The statement is correct
The statement is wrong or incorrect
The provisions of res judicata are implemented in the suits only
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
Where it discloses cause of action
Where the suit appears from the statement in the plaint to be barred by any law
Where the plaintiff fails to comply with the provision of Rule 9
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?
Section 90
Section 88
Section 92
Section 82
Answer: Option B
94.
The case of Daryao vs. State of Uttar Pradesh AIR 1961 SC 1457 is related to
Suit of civil nature
Transfer of execution proceedings
Adjournment
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?
Order VI
Order VII
Order VIII
Order IX
Answer: Option C
96.
Commission to make local investigation cannot be issued for the purposes of
Collecting evidence on a fact
Elucidating any matter in dispute
Ascertaining the market value of the property
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
Can always challenge the judgment on the ground of competency
Can never challenge the judgment on the ground of competency
Can challenge the judgment on the ground of competency under certain circumstances
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?
No
Yes, if money is paid in cash before a third person
Yes, if the payment or adjustment is incorporated into a document
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:
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
If the judgment debtor has property sufficient to satisfy the decree within the limits of that court
If the decree directs the sale or delivery of immovable property situated outside the local limits of jurisdiction of the court which passed it
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:
Immediately after the pronouncement of the judgement
After 7 days from the pronouncement of the judgement
After 14 days from the pronouncement of the judgement
After 21 days from the pronouncement of the judgement
Answer: Option A
2. If a party commits breach of an order of temporary injunction . . . . . . . .
It would be punished for contempt of court
It would be fined
It's property may be attached
None of the above
Answer: Option C
3. Which of the following is not of civil nature
Right to take out procession
Right to Worship in a temple
Right to Caste and Religion
All of the above
Answer: Option D
4. Civil Procedure Code provides for
Temporary injunction
Permanent injunction
Mandatory injunction
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?
15 days
90 days
14 days
30 days
Answer: Option C
6. Mesne profits' has been defined in which of the following Sections of the Civil Procedure Code?
Section 2(4)
Section 2(8)
Section 2(12)
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:
An order adjudicating claims
Informal expression of an adjudication
Formal expression of an adjudication but shall not include any adjudication from which an appeal lies as an appeal from an order
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
Order V, Rule 1 of Code of Civil Procedure
Order VIII, Rule 1 of Code of Civil Procedure
Order VIII, Rule 10 of Code of Civil Procedure
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:
Appealable
Revisable
Reviewable
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
Santhanam Committee
Malimath Committee
Thakkar Committee
None of the above
Answer: Option B
12.
Code of Civil Procedure: When temporary injunction is not granted?
To restrain any election
To restrain any auction made by the Government
To stay any disciplinary proceeding against employee of the Government
All of these cases
Answer: Option D
13.
List of witnesses must be filed, by the parties
Along with the plaint or written statement
Before framing of issues
After the framing of issues
No need to file the list of witnesses
Answer: Option C
14.
In which of the following orders appointment of receiver is mentioned?
Order IX
Order XL
Order X
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:
The defendant resides
The defendant carries on business
The property is situated
The plaintiff resides or carries on business
Answer: Option C
16.
Section 47 of Code of Civil Procedure applies
To the objections raised to the execution by the parties to the suit
To the objections raised to the execution by the third parties
Both A and B
Either A or B
Answer: Option A
17.
Match List-I (Name of Principle) with List-Il (Related
Case) and select the correct answer:
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?
Order 18 Rule 4(1)
Order 18 Rule 3
Order 18 Rule 2
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,
Court has to proceed against the defendant ex parte
Court may pronounce judgment against the defendant without requiring evidence from the plaintiff
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
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?
It deals with general power of transfer
It deals with general power of withdrawal
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
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:
Section 115 of the Indian Evidence Act, 1872
Section 11 of the Code of Civil Procedure, 1908
Order II Rule 2 of the Code of Civil Procedure, 1908
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.
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
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
Either A or B
None of these
Answer: Option B
23.
Sale of immovable property in execution of decree cannot be ordered by
Civil Judge Junior Division
Civil Judge Senior Division
Court of Small Causes
Joint Civil Judge Senior Division
Answer: Option C
24.
Provision relating to execution of decrees are contained in
Order XXI
Order XXV
Order XXXIII
Order XXXVI
Answer: Option A
25.
Non Joinder of necessary party in a suit will lead to:
Dismissal of suit
Stay of suit
Continuation of suit
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?
Shall not exceed three months
Shall not exceed six months
Shall not exceed nine months
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?
Section 134
Section 144
Section 148A
Section 151
Answer: Option B
Majority of the defendants
Each one of the defendants the court may strike out any
None of the above
Answer: Option D
28.
Delay in filing the suit:
Cannot be condoned
Can be condoned under Section 3 of the Limitation Act, 1963
Can be condoned under Order VII, Rule 6 of the Code of Civil Procedure, 1908
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
Plaint only
Written statement only
Affidavit
Plaint and Written Statement
Answer: Option D
32.
Provisions of Section 80 of the Code of Civil Procedure are
Mandatory
Directory
Discretionary
None of these
Answer: Option A
33.
Abatement means
Suspension or termination of proceedings in an action for want of proper parties
The process of bringing on record legal representatives of the deceased party
Both A and B
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
Section 20
Section 21
Section 22
Section 24
Answer: Option B
35.
Under Civil Procedure Code, which of the following statements are true regarding a decree?
Conclusively determines the rights of parties with regard to all or any of the matters in controversy in the suit
Decree can be partly preliminary and partly final
This would not include any adjudication from which an appeal lies as an appeal from an order
All of them
Answer: Option D
36.
Section 10 of Civil Procedure Code can come into operation
Before filing of written statement in the subsequent suit
Before settlement of issues in subsequent suit
After settlement of issues in subsequent suit
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:
Section 17 of the Code of Civil Procedure
Section 18 of the Code of Civil Procedure
Section 19 of the Code of Civil Procedure
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?
Order 32, Rule 1
Order 10, Rule 9
Order 19, Rule 6
Order 17, Rule 10
Answer: Option A
39.
Where the plaint has been rejected the plaintiff on the same cause of action
May file new suit
Can't file new suit
May present with the leave of High Court
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
The Patwari
The Nazir
The Collector
The Commissioner appointed by the court
Answer: Option C
Which section is related to the pecuniary jurisdiction of the court?
Section 6
Section 10
Section 15
None of the above
Answer: Option A
42.
Under section 152 Code of Civil Procedure mistakes can be corrected in
Judgments
Decrees
Orders
All of the above
Answer: Option D
43.
Inherent powers under Section 151 of Code of Civil Procedure are
Discretion in nature
In addition to the power conferred under the other provision of the Code
Both A and B
None of the above
Answer: Option C
44.
Application for permission to sue as a pauper is to be presented by
Person himself
An authorised agent
Either A or B
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
Must be in pleading
May be otherwise
May be either in pleadings or otherwise
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
No interim or otherwise, ex parte relief can be granted
Interim or otherwise ex parte relief can be granted generally
Interim or otherwise ex parte relief may be granted under certain circumstances
Either A or C
Answer: Option A
47.
Whether court can, without exception, try all suits of civil nature?
No
Yes
May be
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
To make such orders as may be necessary for the ends of justice
To make such orders as may be necessary to prevent abuse of the process of the court
Both A and B
None of the above
Answer: Option C
49.
Any objection of interrogatories may be taken on the ground that it is:
Irrelevant
Scandalous
Not exhibited bona fide
All or any of those
Answer: Option D
50.
An appeal shall lie
From all orders passed by the Court
Only from such orders as provided In the Code of Civil Procedure
From none of the orders passed by the District Courts
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
Against a compromise decree
Against a decree in any suit cognizable by the courts of Small Causes, except on a question of law
Both A and B
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
Section 135 of Code of Civil Procedure
Section 135A of Code of Civil Procedure
Section 136 of Code of Civil Procedure
Both A and B
Answer: Option D
53.
Court can direct the parties to opt for anyone mode of alternative dispute resolution under
Order X, Rule 1A of Code of Civil Procedure
Order X, Rule 1B of Code of Civil Procedure
Order XI, Rule 1 of Code of Civil Procedure
Order XI, Rule 2 of Code of Civil Procedure
Answer: Option A
54.
Any order or decree obtained by practising fraud is
Subject to review
Valid
Voidable
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.
The defence is not barred
The defence is barred
Either A or B
None of these
Answer: Option B
56.
Which of the following instances can be held to be final orders?
An order of a High Court dismissing an appeal for the appellant's failure to furnish order
An order that an appeal had abated
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
An order refusing an application under section 45 of the Specific Relief Act 1 of 1877
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
By the executing court
By a separate suit
Either A or B
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
If the dispute is of short term
If there exist elements of settlement which may be acceptable to the parties
If the dispute is a petty dispute
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
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
The court shall issue a warrant for the arrest of the judgment-debtor
The court shall advise the decree holder to settle the matter through Lok Adalat
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:
Within seven days from the date on which injunction is granted
Within three days from the date on which such injunction is granted
On the day on which injunction is granted or on the day immediately following that day
Within fifteen days from the date on which injunction is granted
Answer: Option C
61.
Mark the correct statement:
In set-off, court-fee is payable by the defendant
Order 8, Rule 6, Code of Civil Procedure deals with legal set-off
Legal set-off can be claimed as of right, the equitable set-off is dependent on the court's discretion
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:
Shall direct the Police to ensure that the husband does not obstruct the wife from cohabiting with the husband
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
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
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:
Foreign court
Court outside India established by the authority of Central Government
Both A and B
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?
Section 145A
Section 103A
Section 148A
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:
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
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
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
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.
Section 15
Section 16
Section 51
Section 21
Answer: Option D
67.
Which of the following deals with return of plaint in the Code of Civil Procedure?
Order 5, Rule 30
Order 7, Rule 10
Order 3, Rule 6
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:
Rival decree-holders
Auction purchaser
Garnishee
Surety
1 and 2
2 and 3
1, 2 and 3
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-
Rule 3
Rule 3A
Rule 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?
Section 50 Code of Civil Procedure
Section 51 Code of Civil Procedure
Section 80 Code of Civil Procedure
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
7 days of the order
10 days of the order
14 days of the order
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:
Rule 11 of Order VII, rejecting the plaint
Rule 9 of Order XXII, refusing to set aside the abatement or dismissal of suit
Rule 1 of Order VIII, not permitting the defendant to present the written statement
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:
The Secretary to the Government
The Deputy Commissioner
The President of India
All the above
Answer: Option A
74.
Which provision of Code of Civil Procedure deals with enforcement of a decree against legal representative?
Section 50
Section 51
Section 55
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.
Cannot file the suit
Can file the suit by furnishing Bank Guarantee
Can file the suit by furnishing affidavit to pay court fees out of the decretal amount
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:
Attachment of debt, shares and other property not in possession of the judgment debtor
Attachment of property of which the owner is not known
Only for attachment of property which cannot be estimated in terms of money
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?
Rule 7 of Order 39
Rule 2A of Order 39
Rule 9 of Order 39
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
Stayed
Dismissed
Decreed
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
Rs. 10,000 or the limits of its pecuniary jurisdiction whichever is less
Rs. 10,000 or the limits of its pecuniary jurisdiction whichever is more
Rs. 50,000 and this amount not to exceed the limits of its pecuniary jurisdiction
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:
Sections 135A to 141
Sections 148 to 153B
Sections 31 to 35B
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
Under Order XVI, Rule 18 of Code of Civil Procedure
Under Order XVI, Rule 14 of Code of Civil Procedure
Under Order XVI, Rule 12 of Code of Civil Procedure
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
Either in Lucknow or in Dehradun
Only in Lucknow
Only in Dehradun
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?
Section 21
Section 21A
Section 22
Section 37
Answer: Option B
84.
Under Order VIII, rule 6 Civil Procedure Code, 1908, set off may be permitted if
Set off claimed by the defendant is ascertained sum of money
The suit is for only for recovery of property
Defendant presents a written statement of accounts at any stage of the hearing of the suit
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:
By the application under Order IX Rule 13 of the Code of Civil Procedure
By filing a revision petition under Section 115 of the Code of Civil Procedure
By filing a petition under Article 227 of the Constitution of India
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?
Right to file caveat Section 148-A, Code of Civil Procedure
Pauper suit Section 33, Code of Civil Procedure
Privileged document Section 29, Code of Civil Procedure
Powers of appellate court Section 102, Code of Civil Procedure
1 only
4 only
1 and 2
2, 3 and 4
Answer: Option A
87.
Under Order IX, Rule 6 of Code of Civil Procedure
Defence of the defendant can be struck of
Defendant can be proceeded against ex-parte
Judgment can be pronounced against the defendants
All the above
Answer: Option B
88.
Grounds for review have been provided under
Order XLVII, Rule 1 of Code of Civil Procedure
Order XLII, Rule 1 of Code of Civil Procedure
Order XLIII, Rule 1 of Code of Civil Procedure
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
Suit is instituted
Proceeding is initiated or instituted
Suit is about to be instituted
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 . . . . . . . .
Any time
Directly in appeal
Only at the first opportunity in the trial court
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?
Order 12, Rule 1
Order 36, Rule 3
Order 33, Rule 18
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?
Section 47
Section 50
Section 45
Section 49
Answer: Option A
93.
Which of the following order of Code of Civil Procedure is related to "Set- off" and "counter-claims"
Order VI
Order VIII
Order VII
Order IX
Answer: Option B
94.
Dismissal of the suit under Rule 3 of Order 9 of the Code of Civil Procedure
Bar a fresh suit in respect of the same cause of action
Does not bar a fresh suit in respect of the same cause of action
May bring a fresh suit with the leave of the High Court
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?
Section 4
Section 5
Section 6
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?
Absolutely not
Yes, provided the plaint is filed by two or more persons and leave of the court is obtained
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
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?
Want of notice under Section 80 Code of Civil Procedure
Confusion regarding identification of suit property
Improper valuation of suit
All of these
Answer: Option D
98.
A receiver cannot be appointed
When no harm is going to be caused to any party by such appointment
When the property is in possession of a party to the suit
Both A and B
Neither A nor B
Answer: Option C
99.
Under amendment of
preliminary decree to incorporate interest portion in judgment of trial court not justified
Order 6 Rule 17 Code of Civil Procedure
Order 7 Rule 12 Code of Civil Procedure
Order 8 Rule 13 Code of Civil Procedure
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-
Returned
Maintainable
Referred for opinion of the Appellate Court
Rejected
Answer: Option B
The substantive questions of law for the application of second appeal are
Conflict of judicial opinions
Non-consideration of admissible evidence
Two views are possible
Lower court considering irrelevant evidence
Which among the above statements is/are true?
Only 1
1 and 2
1, 2 and 3
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
When the application for leave to sue as a pauper is made
When such application is admitted
When such application is rejected
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
Within four years of the decree
Within two years of the decree
Within three years of the decree
Within five years of the decree
Answer: Option B
4. A decree is preliminary;
When it is issued in the preliminary stages of the suit
When further proceedings have to be taken or the suit to be completely disposed of
When it deals with some preliminary issues
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
No interim or otherwise, ex parte relief can be granted
Interim or otherwise, ex parte relief can be granted generally
Interim or otherwise, ex parte relief may be granted under certain circumstances
Either A or C
Answer: Option A
6. In Rajasthan SRTC v. Krishan Kant, AIR 1995 SC 1715, the Supreme Court laid down the:
Principles of res judicata
Principles applicable to industrial disputes
Jurisdiction of court of small causes
Jurisdiction of foreign courts
Answer: Option B
7. Under Section 115 of Code of Civil Procedure, the High Court has the power of:
Revision
Review
Reference
Vary or reverse any order whatsoever
Answer: Option A
8. Compensatory costs can be imposed:
If the claim (or defence) is false or vexatious and subsequently disallowed or withdrawn
If objection to the false or vexatious claim or defence has been taken by the party at the earliest opportunity
Both A and B are correct
Both A and B are incorrect
Answer: Option C
9. Civil Suit for administration of assets belonging to living debtor
Is maintainable
Is not maintainable
Is maintainable at the option of co- sharers
Is maintainable at the option of court
Answer: Option B
10.
Detailed rules regarding decree are dealt in:
Order 20, Rule 1 to 5 and Rules 6 to 19
Order 18, Rules 1 to 3 and Rules 4 to 13
Order 15, Rule 2 and Rule 3
Order 20A
Answer: Option A
Which of the following rules of the Code of Civil Procedure, 1908, deals with 'forms of pleading'?
Order VI, Rule 3
Order VI, Rule 5
Order VI, Rule 7
Order IV, Rule 3
Answer: Option A
12.
Order XVIII, Rule 2(3A) of Code of Civil Procedure authorises a party to file
Written arguments before the conclusion of the oral arguments
Written arguments after the conclusion of the oral arguments
Written arguments either before or after the conclusion of the oral argument
Written arguments only without any oral arguments
Answer: Option A
13.
Summons of a suit cannot be served by:
Service in person on the defendant
Sending the summons to the residence of the defendant
Through publication in the newspaper
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
Stand on equal footing with all other debts
Are to be paid only after payment of all other debts
Are entitled to priority over all other debts
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
15 days from the date of submission of application
10 days from the date of submission of application
7 days from the date of submission of application
No time prescribed for the purpose
Answer: Option C
16.
Civil Procedure Code at the first hearing of the suit, the Court must
Frame and record issues
Record the evidence of plaintiff
Ascertain whether the allegations in the pleadings are admitted or denied
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?
Order 13, Rule 5
Order 4, Rule 13
Order 6, Rule 10
Order 15, Rule 22
Answer: Option A
18.
A receiver:
Can be sued generally for acts done in his official capacity by a third party
Cannot be sued at all for acts done in his official capacity by a third party
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
None of the above
Answer: Option C
19.
Civil Procedure Code: A receiver is an
Officer of the Court
Agent of the plaintiff
Agent of the defendant
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?
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)
Two or more persons having an interest in the trust and having obtained the leave of the court
Either A or B
None of these
Answer: Option C
Interlocutory orders under section 115 of the Code of Civil Procedure fall under of the following heads?
Those from which an appeal lies under sectin 104(1)
Those from which no appeal lies
Both A and B
None of these
Answer: Option C
22.
Question which shall be determined by the Court executing decree:
Decree obtained by fraud
Whether any person is or is not the representative of a party
Decree obtained by collusion
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?
Objection is maintainable as it has been filed within 30 days of the auction
Auction sale is vitiated as the auctioned property has been delivered
without waiting for its confirmation within 30 days of auction
No confirmation of sale is required in the present case
None of the above is correct
Answer: Option B
24.
Under the Code of Civil Procedure "Decree" does not include . . . . . . . .
The rejection of a plaint
An order of restitution under Section 144 Code of Civil Procedure
An order of restitution of conjugal rights
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 . . . . . . .
.
Review
Revision
Reference
None of the above
Answer: Option A
26.
Order XI, Rule 21 of Code of Civil Procedure provides for penalty on account
Failure to comply with an order to answer interrogatories
Failure to comply with an order for discovery and inspection of documents
Both A and B
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?
Yes, defendant can file an application
No, defendant cannot file an application
Defendant can file an application not before but after evidence of the plaintiff has been recorded
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
When on the date fixed for hearing in a suit neither party appears
When on the date fixed for hearing in a suit only defendant appears and the plaintiff does not appear
When the plaintiff fails to pay the court fee or postal charges for service of summons of the suit on the defendant(s)
All the above
Answer: Option A
29.
When English is not the language of the court, evidence may be taken in English if:
The court considers it necessary
All the parties do not object
Both A and B
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?
Order 1, Rule 1
Order 1, Rule 2
Order 1, Rule 8
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?
Rejoinder/ Replication is filed as a matter of Right
Provision of filing Rejoinder/ Replication is contained under Order VIII of the Code of Civil Procedure
Rejoinder/Replication may be filed only after due permission of the Court.
Rejoinder/Replication is a part of pleading.
Select the correct answer:
1, 3 and 4
1, 2 and 3
2 and 4 only
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?
Can call any witness relating to the matter
Can determine the legality of questions asked during the conduct of proceedings by the commission
Can extend time and grant exemption from personal appearance
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
The plaintiff
The defendant
The co-defendant
All the above
Answer: Option A
34.
Provisions relating to issuance of commission are contained in
Order XXVI of Code of Civil Procedure
Order XXXII of Code of Civil Procedure
Order XXVII of Code of Civil Procedure
Order XXVIII of Code of Civil Procedure
Answer: Option A
35.
Which of the following statement is correct?
Rejection of plaint under Order 7, Rule 11 bars the fresh suit
Dismissal of suit under Order 9, Rule 2 bars the fresh suit
Dismissal of suit under Order 9, Rule 3 bars the fresh suit
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
Suit for correcting the date of birth in the service record
Suit for declaration of the right to worship
Suit for vindication of a mere dignity connected with an office
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:
A copy of plaint is presented to the court
A plaint in duplicate is presented to the court
A plaint in triplicate is presented to the court
The court takes the plaint in consideration
Answer: Option B
38.
Issues are settled, in a suit
Under Order XIII of Code of Civil Procedure
Under Order XIV of Code of Civil Procedure
Under Order II of Code of Civil Procedure
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
Competency of the court pronouncing the judgment
Being obtained by fraud
Sustaining a claim founded on a breach of law in force in India
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
Five
Four
Three
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-
'A' can afterwards sue 'B' only for the rent due for 1905
'A' can afterwards sue 'B' only for the rent due for 1907
'A' can afterwards sue 'B' for the rent due for 1905 and 1907 both
'A' cannot afterwards sue 'B' for the rent due for 1905 or 1907
Answer: Option D
42.
Pleadings shall contain
Material facts only
Only Law
Facts and Law Both
Evidence
Answer: Option A
43.
Former Suit' denotes that
A suit which has been decided prior to the suit in question
Whether or not it was instituted prior thereto
Is a true statement
1 is correct only
2 is correct only
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?
To determine the case finally
To try the case de novo
To remand the case
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?
A civil court of competent jurisdiction
A court of exclusive jurisdiction
A court of concurrent jurisdiction 'competent to try the subsequent suit'
A court of limited jurisdiction competent to try the issue raised in the subsequent suit
Either 1 or 3
Either 2 or 3
Either 3 or 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
Family disputes
Matrimonial disputes
Legitimacy of children disputes
Payment of money disputes
Answer: Option D
47.
Period to produce objection under Order 41, rule 22 Code of Civil Procedure, is?
Within one month from the date of service ofnotice of day find for hearing
Up to first or second date of hearing
At any time before final hearing
Never
Answer: Option A
48.
Which among the following is not an ADR method under Section 89 of Code of Civil Procedure, 1908
Mini Trial
Judicial settlement Through Lok Adalat
Conciliation
None of the above
Answer: Option A
49.
Where a decree of compromise which was not lawful, there-
Suit shall lie to set aside such decree
Complaint has to made to High Court
No suit shall lie to set aside such decree
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:
For declaration that A is widow of B
For possession of land
Petition for divorce
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?
Suit
Execution proceedings
First appeal
Second appeal
Answer: Option B
52.
Which of the following deals with commissions issued by foreign Courts in the Code of Civil Procedure?
Section 63
Section 59
Section 76
Section 78
Answer: Option B
53.
Under Civil Procedure Code, defendant can ask for temporary injunction against the plaintiff if-
There appears to be a danger that plaintiff would waste or alienate the suit property
The plaintiff threatens to dispose off the property with a view to defrauding his creditors
Plaintiff threatens the defendant to dispossess him from the suit property
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
Only where there is obstinacy or contumacy or wilful attempt to disregard the order of the court
Where there is no obstinacy or contumacy and there is no wilful attempt to disregard the order of the court
Generally without going into the question of obstinacy or contumacy or wilful disregard
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 . . . . . . . .
Shall abate
Shall not abate
May abate with the permission of the Court
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
Void
Voidable
Valid
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-
Order XXXII(A)
Order XXXIII
Order XXXII
Order XXXIV
Answer: Option B
58.
Exemption from personal appearance in the court is provided under
Section 133 of Code of Civil Procedure
Section 132 of Code of Civil Procedure
Section 143 of Code of Civil Procedure
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:
A hundi
An oral contract
A claim for general damages under Section 73 of the Contract Act
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;
Section 11, Explanation II
Section II, Explanation III
Section 11, Explanation IV
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
The defendant
The estate of the deceased plaintiff
The public exchequer
Either A or B or C
Answer: Option B
62.
Inherent powers of the Court can be exercised
For the ends of justice or to prevent the abuse of the process of the Court
Even when there is a specific provision in the Code of Civil Procedure
To help a party
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?
Duche's of Kington case
Chhajju Ram v. Neki
Munni Bibi v. trilok Nath
Byram Pestonji Kariwala v. Union of India
Answer: Option B
65.
Appeal from original decree lies
On question of facts
On question of law
Both question of law and question of facts
All the above
Answer: Option D
66.
Under Section 15 of the Code of Civil Procedure, every suit shall be instituted in
District Court
The court of lower grade
The court of higher grade
All of the above
Answer: Option B
67.
Under Civil Procedure Code, 1908 "Foreign Court" means
A court situated outside India
A court situated outside India and not established under the authority of Government of India
A court situated in India, applying foreign law
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"?
Section 151
Section 115
Order XXXIII, Rule 18
Order XXXIX, Rule 2
Answer: Option C
69.
The power under Order VII, Rule 11 of Code of Civil Procedure can be exercised
Before registering the plaint
After issuance of summon to the defendant
At any stage before the conclusion of trial
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?
Section 18
Section 20
Section 29
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
Is liable to be dismissed
Cannot be dismissed
May be dismissed or may not be dismissed as per the discretion of the court
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?
Section 19
Section 12
Section 13
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
If are unnecessary, scandalous, frivolous or vexatious
If tend to prejudice, embarras or delay the fair trial
If is an abuse of the process of the court
All the above
Answer: Option D
74.
Attachment of property under a precept shall remain valid for a period of
90 days until extended
60 days until extended
30 days until extended
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
The wrong was done
The defendant resides
The defendant personally works for gain
Any of the rest three options
Answer: Option D
76.
A temporary injunction can be granted to a party establishing
A prima facie case in his favour
Balance of convenience in his favour
Irreparable injury to him in the event of non-grant of injunction
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 . . . . . . . .
The local limits
The subject matter of litigation
The pecuniary value
All of the above
Answer: Option D
78.
Under Order XXIII, Rule 3 of Code of Civil Procedure, on the basis of a compromise
A decree has to be drawn only in respect of the subject matter that relates to the suit
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
A decree has to be drawn where the compromise does not embrace the subject matter of the suit at all
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?
First one thousand rupees and 1/3 of the remainder
First one thousand rupees and 2/3 of the remainder
2/3 of the salary
1/3 of the salary
Answer: Option D
80.
Appointment of receivers of any property can be made when-
Before decree
After decree
Only appellate court can made order
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?
Order VIII Rule 5
Order VIII Rule 6
Order VII Rule 5
Order VII Rule 6
Answer: Option B
82.
A suit dismissed under Order XXV for non furnishing of security for payment of costs
Cannot be restored
Can be restored by the same court
Can be restored only in appeal
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
Are precluded from
Are not precluded from
Do not have the jurisdiction of
None of the above
Answer: Option B
84.
The 'doctrine of restitution' is based upon the maxim:
Actus incumbit onus probandi
Actus curiae neminem gravavit
Actus dei nemini facit injuriam
Actus non-facit reum nisi mens sit rea
Answer: Option B
85.
Which is provision is related to joinder of cause of action?
Order 1 Rule 2
Order 1 Rule 3
Order 2 Rule 2
Order 2 Rule 3
Answer: Option D
86.
Under Section 2(3) of Code of Civil Procedure a decree-holder means:
A person who is not a party to a suit but in whose favour an order capable of execution has been passed
The plaintiff
The defendant
All of the above
Answer: Option D
87.
Which of the following statement is incorrect?
Where there are more defendants than one, service of the summons shall be made on each defendant
Service of the summons shall be made by tendering a copy thereof signed by the lawyer
Summons for the defendant cannot be served on his servant
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?
Section 90
Section 86
Section 92
Section 82
Answer: Option B
89.
By which principle "Multiplicity of proceedings" can be reduced:
Resgestae
Res interregnum
Res Ispa Loquitor
Res judicata
Answer: Option D
90.
Which of the following term means "under consideration of a Court of Law"?
Sine quo non
Res judicata
Double jeopardy
Sub judice
Answer: Option D
If the defendant fails to file written statement . . . . . . . .
The court would hear the suit ex- parte
The court may pass judgment against him
The court shall issue notice
None of the above
Answer: Option B
92.
Under the provisions of the Code of Civil Procedure, the court has no inherent jurisdiction:
To restore a suit dismissed for non- payment of court fees
To restore an election petition dismissed for default
To consolidate suits based on different claims
All the above
Answer: Option D
93.
On which of the following grounds a plaint will not be rejected
Where the suit appears from the statement in the plaint to be barred by any law
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
Where it does not disclose a cause of action
Where it has not been presented by an Advocate
Answer: Option D
94.
The term "Award and Decree" is used to denote
The order of Commissioner of Income Tax
The order of Collector passed while recovering the revenue
Order of Civil Court, Arbitrator, Industrial Court, Cooperative Court etc.
Final order of Supreme Court
Answer: Option C
95.
Which of the following deals with public charities in the Code of Civil Procedure?
Section 90
Section 88
Section 92
Section 82
Answer: Option C
96.
Code of Civil Procedure, 1908 is a
Substantive law
Procedural law
Combination of substantive law and procedural law
Directory law
Answer: Option B
97.
A Court may not frame issues on the basis of allegations/contents made by the parties:
In pleadings
On oath
In applications
In documents
Answer: Option C
98.
Right to sue survives in cases of suits for
Defamation
Assault
Personal injuries not causing death
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-
Issue of a warrant
Attachment and sale of his property
Imposing a fine
Ordering him to furnish security for his appearance
Select the correct answer:
1 and 4
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,
In lieu of summons issued and delivered under Order V, Rule 9 of Code of Civil Procedure
In addition to the summons issued and delivered under Order V, Rule 9 of Code of Civil Procedure
After the summons issued and delivered under Order V, Rule 9 of Code of Civil Procedure remained unserved
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
The legal representatives of the plaintiff
The defendant
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
In a partition suit
In a suit seeking specific performance of sale agreement
In a suit seeking the relief of foreclosure
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:
Two persons with the leave of the court
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:
The entire appeal abates and has to be dismissed
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
The appeal only of the decreased appellant abates and as far as the other defendants (appellants) are concerned has to continue
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:
Where it appears to the court to be just and convenient
Where the suit property is in danger of being wrongfully sold in execution of a decree
Where the defendant is about to dispose of the whole or any part of his property
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 . . . . . .
. .
Agreed between the parties
Deemed by it reasonable
@6% per annum
Charged by natioalised bank
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?
Where the property is transferred and registered after attachment
Where the property is transferred before attachment but registration takes place after the attachment
Both A and B
None of these
Answer: Option C
14.
No permission to sue as an indigent can be granted, if
The application does not disclose a cause of action
Any other person has agreed to finance the litigation
The interest of applicant in the subject matter stands transferred to another person
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:
Renders the judgment a nullity
Renders the judgment liable to be set aside in appeal
Renders the judgment nullity only at the option of other party
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
State Government
To Supreme Court
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
The party at whose instance the commission is issued
The party for whose benefit the commission is issued
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
Residing at any place within India
Not ordinarily residing at any place within India
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
Lex loci contractors
Lex loci solutions
Les situs
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
Rejected in whole
Rejected in part if the cause of action is not joint and several
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
Staying the suit during pendency of the previous suit between the same parties involving similar issues
Not trying the suit if suit involving similar issues between similar parties is decided
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.
The application is thereupon numbered and registered as a plaint
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
Both A and B
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
Through appeal
Through revision
Through review
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?
Section II, Code of Civil Procedure
Section II, Expl. 5, Code of Civil Procedure
Section II, Expl. 4, Code of Civil Procedure
Order 2, Rule 2, Code of Civil Procedure
Answer: Option B
32.
Provisions relating to appeal from original decree are contained in
Order XL of Code of Civil Procedure
Order XLI of Code of Civil Procedure
Order XLII of Code of Civil Procedure
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?
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
The court can examine not only the parties but any person accompanying either party to the suit
The statement made during the course of examination is not on oath
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?
Order 12, Rule 5
Order 14, Rule 20
Order 18, Rule 2
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?
Section 90
Section 91
Section 92
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.
Yes, there is a misjoinder of cause of action
No, there is no misjoinder
Facts are not sufficient to decide
None of the above
Answer: Option B
38.
Which of the following is a suit of civil nature?
Suits for upholding mere dignity or honour
Suits for accounts
Suits expressly barred by some enactment
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?
Section 148A
Section 144B
Section 149C
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:
Issues will be framed in the suit and Counter Claim
Shyam Lal will be impleaded as plaintiff in the suit
Shyam Lal will be impleaded as defendant in the suit
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
The Payment of fine imposed by the court
Payment of compensation to the other party
Payment of interest
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
Can never be withdrawn
Can be withdrawn generally
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-
Appeal can be filed against the order
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:
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
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
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
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:
For cross-examination of the plaintiff's witness or the cross-examination of the witness of the other party
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
Industrial disputes act
Income-tax recovery under income-tax act
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:
The plaintiff resides
The Stamp Paper for entering into the contract was purchased
Where no cause of action in part or full arose
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
Section 35 of the Code
Section 35(B) of the Code
Section 35(A) of the Code
Section 34 of the Code
Answer: Option C
50.
Which of the following suits is not of civil nature?
Suits involving principally caste questions
Suits involving purely religious ceremonies
Suits for recovery of voluntary payments/offerings
All of the above
Answer: Option D
Compromise under Order XXIII, Rule 3 of Code of Civil Procedure
Must be in writing and signed by the parties
Must be in writing but need not be signed by the parties
Must be in writing but need not be lawful
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?
Order 25, Rule 5
Order 46, Rule 2
Order 22, Rule 18
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?
Section 75
Section 80
Section 14
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-
Order 6, rule 15 Code of Civil Procedure
Order 6, rule 17 Code of Civil Procedure
Order 6, rule 16 Code of Civil Procedure
Order 6, rule 18 Code of Civil Procedure
Answer: Option B
57.
Under which provision of the Code, an indigent can file a suit:
Order 33 Rule 1
Order 33 Rule 2
Order 33 Rule 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:
To elicit admissions
To obviate the necessity to produce lengthy evidence
To expedite disposal
All of these
Answer: Option D
60.
The object of oral examination under Order 10, Rule 2 of Code of Civil Procedure is-
To elucidate the matters in controversy in the suit
To record evidence
To secure admissions
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
Unless the decree remains unsatisfied for a period of three months from the date of the decree
Unless the decree remains unsatisfied for a period of six months from the date of the decree
Unless the decree remains unsatisfied for a period of one year from the date of the decree
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
Notice to admit fact(s)
Notice to admit document(s)
Notice to produce document(s)
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.
The second suit will be barred by Res Judicata
The second suit will not be barred by Res Judicata
The second suit will be barred by Res sub-judicae
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?
Order IX Rule 13
Order XXI Rule 58
Order XXI Rule 106
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
Order 23 Rule 1 of Code of Civil Procedure
Order 23 Rule 3 of Code of Civil Procedure
Order 23 Rule 3A of Code of Civil Procedure
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?
Order 9, Rule 7 and Order 9, Rule 10
Order 9, Rule 4 and Order 9, Rule 5
Order 9, Rule 7 and Order 9, Rule 13
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?
Order 16, Rule 2
Order 4, Rule 13
Order 6, Rule 10
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:
Ravi alone as legal representative
Kavita alone as legal representative
Ravi, Kavita and her husband as legal representatives
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
In appellate court B cannot take the objection about the pecuniary jurisdiction of court C
In appellate court, B can take the objection about the pecuniary jurisdiction of Court C
In appellate court, B can take the objection about the pecuniary jurisdiction of court C, if it has resulted in failure of justice
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:
The plaintiff
The defendant
Any party ordered by the decree to pay the same
The State Government
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"?
Order XIV, Rule 1
Order XVIII, Rule 1
Order XIV, Rule 2
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?
Res subjudice ⇔ Section 11
Res judicata ⇔ Section 10
Judgement and decree ⇔ Section 33
Summon to witness ⇔ Section 80 Select correct answer:
1, 2 and 3
1, 2 and 4
1, 3 and 4
2, 3 and 4
Answer: Option B
83.
Propositions are:
Set-off and counter-claim arises out of the same transaction.
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.
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?
Order 12, Rule 1
Order 17, Rule 10
Order 33, Rule 18
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
Authorised to execute such decree against any person outside local limits of its jurisdiction
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
Absolves a person from criminal liability that may arise on the principle of double jeopardy
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.
Section 16
Section 17
Section 18
None of the above
Answer: Option A
92.
Which of the following instances of order are decrees?
An order rejecting an application for leave to sue in forma pauperis for no suit has till then been filed
An order refusing leave to institute for accounts of religious endowment
An order under the Indian Trusts Act, 1882 dismissing an application for the removal of trustee
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
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?
The matter in issue in the subsequent suit must be directly and substantially in issue in the previous suit
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?
Order 5, Rule 30
Order 10, Rule 1A
Order 6, Rule 10
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?
Section 26
Section 30
Section 28
Section 25
Answer: Option A
98.
The principle of Private International Law is incorporated in
Sections 13 and 14 of the Code of Civil Procedure
Sections 15 and 16 of the Code of Civil Procedure
Sections 17 and 18 of the Code of Civil Procedure
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?
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
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
Under Order VI, Rule 4 of Code of Civil Procedure
Under Order VI, Rule 5 of Code of Civil Procedure
Under Order VI, Rule 6 of Code of Civil Procedure
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:
Only in Mumbai
Only in Delhi
Either in Mumbai or in Delhi
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:
Rejected
Returned
Maintainable
Referred to the appellate court
None of the above
Answer: Option C
3. An order passed under section 151
Code of Civil Procedure, is:
Appealable
Revisable
Not liable to be interfered with
Not reviewable
Answer: Option B
4. An appeal against an order of the Provincial Small Cause Court, if appealable, shall be made to
The District Court
The High Court
The Metropolitan Magistrates Court
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
Section 2(2) of Code of Civil Procedure
Section 2(3) of Code of Civil Procedure
Section 2(4) of Code of Civil Procedure
Section 2(5) of Code of Civil Procedure
Answer: Option B
6. Basis of distribution of the jurisdiction of Indian Courts is
Pecuniary jurisdiction
Territorial jurisdiction
Subject-matter jurisdiction
All the above
Answer: Option D
7. After withdrawal of the suit, a plaintiff
Can institute a fresh suit in respect of the same subject matter
Can institute a fresh suit in respect of the same subject matter only with the leave of the Court
Can institute a fresh suit in respect of the same subject matter only with the leave of the High Court
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
The proceedings shall be terminated immediately
The proceedings shall be terminated on the expiry of 90 days from the date of death of the defendant
The proceedings shall not terminate
The court can appoint an administrator of the defendant and continue the proceedings
Answer: Option B
9. "Judgment" means
Part of the decree
Statement of the Judges on the grounds of decree or order
Adjudication of right
None of the above
Answer: Option B
10.
Issues are framed under:
Order 14
Order 41
Order 21
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
Barred under Order IX, Rule 9 of Code of Civil Procedure
Not barred under Order IX, Rule 9 of Code of Civil Procedure
Barred under Order IX, Rule 5(2) of Code of Civil Procedure
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
Affidavit
Oral evidence
Document
Examination of plaintiff
Answer: Option A
13.
Section 10 of Code of Civil Procedure does not apply
When the previous suit is pending in the same court
When the previous suit is pending in a foreign court
When the previous suit is pending in any other court of India
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
A decree
Dismissal of an appeal summarily
Statement of grounds of an order or decree
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?
Order XIV Rule 1
Order XIV Rule 5
Order XIV Rule 6
Section 151
Answer: Option B
16.
The principles governing execution of decree and orders in Code of Civil Procedure are dealt within:
Section 36 to 74 (substantive law) and Order 21 (procedural provisions)
Section 36 to 74 (procedural provisions) and Order 21 (substantive law)
Section 148A
Section 148 to 153B
Answer: Option A
17.
Mark the incorrect statement in context of a representative suit:
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
The suit can be withdrawn, compromised or abandoned by the plaintiff after notice to all the persons interested
Any decree passed in such a suit is binding on all the persons interested
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?
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
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
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
None of these
Answer: Option A
19.
Which of the followings is a leading case on the exclusion of the jurisdiction of Civil Courts?
Dhulabhai v. State of Madhya Pradesh
Gundaji v. Ramchandra
Noor Mohd. Khan v. Fakirappa
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:
A fresh suit on the same cause of action can be brought as a matter of right
A fresh suit on the same cause of action can be brought only with the permission of the Court
A fresh suit on the same cause of action is barred
None of the above
Answer: Option C
22.
An application for review of an order or a decree can be made
To the appellate court
By an advocate for a party
By a Sessions Judge
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?
High Court only
District Court only
Neither A nor B
Both A and B
Answer: Option D
24.
Under which provision of Civil Procedure Code, a Supreme Court can transfer a case?
Section 25 Code of Civil Procedure
Section 20 Code of Civil Procedure
Section 12 Code of Civil Procedure
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
By the Judge
By the Commissioner appointed by the court
On affidavit
All of the above
Answer: Option C
26.
A "Garneeshe order" under Civil Procedure Code, 1908 is issued to
Judgment debtor
Judgment debtor's creditor
Decree holder
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?
The objection was taken in the trial court
It was taken at the earliest opportunity and where issues have been framed, it was taken before the issues were framed
Trial in the wrong court has occasioned failure of justice
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:
Decree the suit in favour of the plaintiff then and there
Proceed ex-parte against the defendant
Stuck the defence of the defendant and proceed further for adjudication of the case
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
An enactment
A guarantee
Both A and B
Neither A nor B
Answer: Option C
30.
Under section 115 of Code of Civil Procedure, the revisional jurisdiction is with
The High Court
The court of the District Judge
The court of small causes
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?
The decree-holder
The auction-purchaser
Judgment debtor
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?
Order 24
Order 26
Order 25
Order 27
Answer: Option B
33.
Section 21 of the Code of Civil Procedure deals with . . . . . . . .
Pecuniary and Territorial jurisdiction
Subject matter and personal jurisdiction
Personal and admiralty jurisdiction
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-
90 days
60 days
45 days
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.
The Court would not admit the Plaint owing to the jurisdiction clause in the contract
The suit would be admitted and only if 'B' raises an objection to jurisdiction at Delhi would the Court determine the same
B' can prefer an appeal against the order of admission of the suit in the court at Delhi
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
Return of Plaint
Rejection of Plaint
Admission of Plaint
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.
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
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
Both A and B
None of these
Answer: Option C
38.
A receiver can be appointed
During the pendency of proceedings
After the termination of proceedings
Both A and B
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:
No
Yes
Answer would depend upon the nature of the issue
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?
Order 5, Rule 30
Order 4, Rule 13
Order 9, Rule 9
Order 10, Rule 22
Answer: Option C
Say which of the following suits are excepted from the cognizance of the Provincial Small Cause Courts
A suit to obtain injunction
A suit to restrain waste
A suit for specific performance of a contract
A suit for recovery of rent other than house rent
Answer: Option D
42.
Adjournment can be granted
Under Order XVII, Rule 3 of Code of Civil Procedure
Under Order XVII, Rule 2 of Code of Civil Procedure
Under Order XVII, Rule 1 of Code of Civil Procedure
Under Order XVII, Rule 1(2) of Code of Civil Procedure
Answer: Option C
43.
Section 18 of the Civil Procedure Code provides for
Place of institution of suit in respect of immovable property where the property is situated in the jurisdiction of one court
Place of instruction of suit in respect of immovable property where the property is situated in the jurisdiction of different courts
Place of institution of suits in respect of immovable property where the local limits of jurisdiction of courts are uncertain
All the above
Answer: Option C
44.
By whom can the transfer of suit or proceedings from one state to other state be ordered?
Central Government
Supreme Court
High Court
Parliament
Answer: Option B
45.
Public nuisance within the meaning of section 91 of Code of Civil Procedure is
Nuisance in law
Nuisance in fact
Both A and B
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
The suit of the plaintiff is liable to be decreed
The defence of the defendant is liable to be struck-off
The defendant is liable to be proceeded against ex-parte
Either A or B or C
Answer: Option B
47.
A' and 'B' sue 'C' for Rs. 1000
C' cannot set off a debt due to him from 'A' alone
C' can set off debt due to him from 'A' alone as a matter of right
C' can set off debt due to him from 'A' alone with prior permission of the Court
None of the above
Answer: Option A
48.
The words 'record of suit' contemplate and includes documents:
Which have been exhibited as evidence in the case
Which have been filed along with the plaint
Which have been produced under O. 13
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?
Phoolchand v. Gopal Lal
Shanker Balwant Lokhande v. Chanderkant Shankar Lokhande
Kedar Nath v. Dwarika Nath
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
As may be necessary for determining the real controversy between the parties
As to introduce an entirely new and inconsistent case
As to take away a right of the defendant which has accrued to him by lapse of time
As to withdraw the admission made
Answer: Option A
1. For instituting a suit against the government, notice should be given before
Two months
Three months
One month
Six months
Answer: Option A
52.
A decision on an issue of law operates as res judicata
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
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
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
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?
Right to future maintenance
A promissory note
Books of account
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.
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
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
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
None of these
Answer: Option C
55.
In which of the following cases would an application lie to the High Court?
In which of the following cases would an application lie to the High Court?
Where the several Courts having jurisdiction are subordinate to the same appellate Court
Where the several Courts having jurisdiction are subordinate to different High Courts
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 . . . . . . . .
One month from the date of service of summons on him
Thirty days from the date of issuance of summons
Thirty days from the date of service of summons on him
Sixty days from the date of service of summons on him
Answer: Option C
57.
Pleading can be amended under Code of Civil Procedure
Order 6 Rule 18A
Order 6 Rule 18A
Order 6 Rule 16
Order 6 Rule 17
Answer: Option D
58.
In a written statement, a defendant can claim
Set-off
Counter-claim
Both A and B
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
Spences Bower
Lord Denning
Salmond
Black Stone
Answer: Option A
60.
Which of the following deals with implied contract or relation in the Code of Civil Procedure?
Order 6, Rule 12
Order 9, Rule 8
Order 7, Rule 10
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
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
For getting the clerical or arithmetical mistakes in judgment etc, corrected, the application
Shall be made within 30 days
Shall be made within 60 days
Shall be made within 90 days
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
Wholly
Partly
Either wholly or in part
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."
Suman v. State, AIR 2010 SC 518
Manohar Singh v. D. S. Sharma, AIR 2010 SC 508
Union of India v. Deepak Kumar, AIR 2010 SC 462
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?
Foreign Judgement
Injunction
Requirement of notice for institution of suit against Government
Award of cost
Answer: Option C
74.
Under Order IX, Rule 7 of the Code of Civil Procedure, an application can be made:
Any time during the pendency of the suit
At any time on or before the next date of hearing
Within 60 days of the Order
Within 90 days of the Order
Answer: Option B
75.
Review is maintainable
When an appeal is provided, but no appeal preferred
When no appeal is provided
Both A and B
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
Issue a warrant for his arrest
Attach and sell his property
Impose a fine not exceeding Rs. 5,000
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
Question fact
Substantial question of law
Both on question of fact and law
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:
On the date on which the permission to sue as pauper refused
On the date on which the court fee is paid
On the date on which the application for permission to sue as pauper was presented
Either A or B or C as directed by the court
Answer: Option C
79.
Res judicata may operate between
A plaintiff and a defendant
Co-plaintiffs
Co-defendants
All of the above
Answer: Option D
80.
Who is guardian at litem?
A person appointed by the Court to take legal action on behalf of a minor
Guardian of the child
Step father of the child
None of the above
Answer: Option A
Who is garnishee
A third party who is instructed by way of legal notice to surrender money to settle a debt or claim
A borrower arrested for defaulting
A person who cannot repay a bank loan
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
1/4th
1/3rd
2/3rd
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
Section 2(8)
Section 2(4)
Section 2(5)
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,
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
The right to amend has to be closed
The right to lead evidence in support of the amendment has to be closed
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
3 months
2 months
1 month
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?
Section 133
Section 135
Section 135A
Section 132
Answer: Option D
87.
Match List-I with List-II and select the correct answer:
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)
Appellate Court for consideration
Arbitration
Conciliation
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?
Section 108
Section 103
Section 104
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?
Order 12, Rule 5
Order 21, Rule 1
Order 19, Rule 21
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
The secretary
Any director
Other principal officer able to depose
Either A or B or C
Answer: Option D
92.
The provision relating to temporary injunction are provided:
Under Order 37
Under Order 38
Under Order 39
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
The plaintiff
The defendant
Any party ordered by the decree to pay the same
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:
Order XXI Rule 30
Order XXI Rule 31
Order XXI Rule 32
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
The same shall not be received in evidence on behalf of the plaintiff
The same shall not be received in evidence on behalf of the defendant
The same shall not be received in evidence on behalf of third party
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-
Wrong
Right
It includes rejection of plaint but does not includes the determination of any question within Section 144 of Code of Civil Procedure
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
In Rule 2 and 4 of Order 8 of Code of Civil Procedure
In Rule 1 and 6 of Order 8 of Code of Civil Procedure
In Rule 3 and 5 of Order 8 of Code of Civil Procedure
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
Struck of
Stayed
Proceeded with in ordinary course
Proceeded with if the defendant consents
Answer: Option A
99.
Foreign Judgement is defined in Code of Civil Procedure
Under Section 2(6) of Code of Civil Procedure
Under Section 2(7) of Code of Civil Procedure
Under Section 2(8) of Code of Civil Procedure
None of the above
Answer: Option A
100.
Under Order XI, Rule 21, for the non- compliance with an order for discovery etc.
Suit is liable to be dismissed if the plaintiff fails to comply with the order
Suit is liable to be stayed till the plaintiff complies with the order
Suit is liable to be adjourned sine-die
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?
Suits for pre-emption
Suits for possession and mesne profits
Administration suits
All of the above
Answer: Option D
2. First hearing means:
The hearing of a suit for settlement of issues
The hearing of any adjournment thereof
Both A and B
None of these
Answer: Option C
3. The object of section 5 of the Code of Civil Procedure is:
Its application to all matters on which the special or local court is silent
To preserve the summary character of rent litigation under the local laws
Either A or B
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:
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
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
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
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:
If the judgment debtor has failed to comply with the decree within 90 days of passing thereof
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
If the judgment debtor is likely to abscond or leave the local limits of jurisdiction of the Court
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?
Dismissal of suit in default
Rejection of a plaint
Dismissal of suit in default and Rejection of a plaint Both
None
Answer: Option A
8. A foreign government
Cannot be sued
Can be sued without any restriction on the powers of civil courts
Can be used with the restriction that the oral consent of the Central Government is communicated to the court
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?
Order 21 Rule 59
Order 21 Rule 58
Order 21 Rule 57
None of the above
Answer: Option B
10.
Section 75 of Code of Civil Procedure deals with
Power to issue summons
Power to issue commission
Right to appeal
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
A clerical mistake
An arithmetical mistake
An error caused by an accidental slip or omission
All these
Answer: Option D
12.
Civil Procedure Code: A decree for restitution of conjugal right is executable
By attachment of property or by detention in civil prison or by both
By attachment of property
By imprisonment
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?
Serious illness
Appearance in marriage of his son
To cast vote in general elections
None of the above
Answer: Option A
14.
Which one of the following is not a suit relating to immovable property?
Suit for recovery of immovable property
Suit for partition of immovable property
Suit for redemption of mortgaged property
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?
An order
A decree
Statement on grounds of an order or decree
All of the above
Answer: Option C
16.
Under Order XIII, Rule 1 of Code of Civil Procedure,
That documentary evidence in original shall be admitted the copies of which have been filed alongwith the plaint or the written statement
That documentary evidence in original shall be admitted the copies of which may not have been filed alongwith the plaint or the written statement
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
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
As a general rule
Without the leave of the court
Only with the leave of the court
Both A and B
Answer: Option C
18.
The provisions of Order VIII, Rule 1 of Code of Civil Procedure are
Directory being procedural
Mandatory though procedural
Optional under all circumstances
Discretionary under all circumstances
Answer: Option A
19.
Framing of the issues is the
Duties of the parties
Duties of Advocates of parties
Duty of the Court
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?
Some future probable injury to the right or interests of a person
Some past injury to the right or interest of a person
Some injury incapable of being estimated in money
Some injury capable of being estimated in money
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
Appealable
Reviewed
Final
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
A
C
None
A and C
Answer: Option D
23.
Order II, Rule 2 of Code of Civil Procedure does not apply to
Application for execution
Writ petitions
Both A and B
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?
May bring a fresh suit subject to Law of Limitation
Cannot bring a fresh suit
May bring a fresh suit with the leave of High Court
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?
Section 11
Section 12
Section 15
Section 16
Answer: Option C
26.
A suit relating to immovable property shall be instituted at a place:
Where the defendant resides
Where the property situated
Where the plaintiff resides
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?
Order 9, Rule 11
Order 4, Rule 13
Order 6, Rule 10
Order 10, Rule 22
Answer: Option A
28.
Execution of a decree can be applied for
Against the judgment debtor personally
In case of the judgment debtor being dead, against the legal representatives of the judgment debtor
Against the person whom the court directs
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
Under special circumstances
On showing sufficient cause as contemplated under Order IX, Rule 13 of Code of Civil Procedure
Under general circumstances
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?
Yes, the principle of res judicata will apply
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.'
No, because the parties did not disclose the pendency of the previous suit to the Court in Mumbai
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.
C should have filed his own petition to set aside the ex parte decree
C is needed to file his own petition to aside as the ex parte decree
Claims against the two defendants are distinct
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
Set off the debt against 'B'
Set off the debt against 'A'
Set off the debt against 'A' and 'B' both
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?
Section 87
Section 88
Section 89
Section 90
Answer: Option C
34.
Section 15 of Code of Civil Procedure lays down
A rule of procedure
A rule of jurisdiction
A rule of evidence
All the above
Answer: Option A
35.
Under which Section of the Civil Procedure Code "Pecuniary Jurisdiction" of the Court has been provided?
Section 3
Section 4
Section 5
Section 6
Answer: Option D
36.
Judgment - debtor means?
Borrower of a bank
Defendant
Person against whom a decree is passed
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?
Order 1, Rule 8
Order 5, Rule 2
Order 3, Rule 3
Order 4, Rule 8
Answer: Option A
38.
Where party dies after conclusion of the hearing and before pronouncing of judgement
The suit shall abate
The suit shall not abate
The suit shall not abate if cause of action survives
It will be deemed that judgment has been pronounced before death of the party
Answer: Option B
39.
Consider the following statement(s).
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.
The counter-claim may be submitted by the defendant even after he has delivered his defence.
The counter-claim shall not exceed the pecuniary jurisdiction of the court. Which of the statements given above are correct?
1 and 2
1 and 3
2 and 3
All these
Answer: Option B
Answer: Option D
42.
Mark the correct statement:
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
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
A party filing affidavit in reply to interrogatories can neither cross-examine nor adduce evidence to contradict it, as it is a conclusive proof
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:
The property in situate
The defendant voluntarily resides or personally works for gain
The defendant voluntarily resides or carries on business
Either A or B or C
None of these
Answer: Option A
Civil Procedure Code: Remedies available against an ex-parte decree include-
Appeal
Review
Application for setting aside the decree
All of these
43.
Which one of the following combination is mis-matched under Civil Procedure Code?
Temporary Injunction ? Order 39
Right to Lodge a Caveat ? Section 148A
Suit by Pauper ? Order 33
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:
Civil Suit
Civil Appeal
Miscellaneous Appeal
Execution of Decree
Answer: Option D
45.
Notice under Section 80 of Code of Civil Procedure is required, for filing a suit against:
A Public Sector Undertaking and/or a Statutory Body
A Company, 100% shares of which are held by the Government and/or against a Public Officer
Both A and B
Neither A nor B
Answer: Option D
46.
The Plaint can be rejected if suit is barred by Limitation is provided under-
Order 7 Rule 11(d) of Code of Civil Procedure
Order 2 Rule 2 of Code of Civil Procedure
Order 7 Rule 13 of Code of Civil Procedure
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?
By appointing a receiver
By sale without attachment
By arrest and detention
By appointing a commission
Answer: Option D
48.
Under Order XIV, Rule 5 of Code of Civil Procedure
Issues already framed can be amended
Issue already framed can be struck off
Additional issues can be framed
All the above
Answer: Option D
49.
Suit of indigent persons has been provided under
Order 32 of Code of Civil Procedure
Order 33 of Code of Civil Procedure
Order 29 of Code of Civil Procedure
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
Order XVII, Rule 2 of Code of Civil Procedure shall apply
Order XVII, Rule 3 of Code of Civil Procedure shall apply
Both Order XVII, Rule 2 and Order 17, Rule 3 of Code of Civil Procedure shall apply
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.
F may treat his joint-decree as a cross-decree O. 21 r. 18
F cannot treat his joint-decree as a cross-decree O. 21 r. 18
Either A or B
None of these
Answer: Option A
52.
In Code of Civil Procedure provision for out of court settlement of suits is made under
Section 75
Section 76
Section 88
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:
Rs. five hundred
Rs. one thousand
Rs. three thousand
Rs. five thousand
Answer: Option D
54.
Under which Section of the Code of Civil Procedure "Inherent powers of the Court" has been provided?
Section 151
Section 141
Section 152
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
12 months
24 months
36 months
60 months
Answer: Option B
56.
Section 144 of Code of Civil Procedure
Confers a new substantive right
Is exhaustive
Is equitable in nature
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
Be subjected to the agreement between the parties
Be subjected to the orders of the court
Stand established
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
The person in breach to be detained in civil prison for indefinite period but not after the breach has ceased
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
Both A and B are incorrect
Both A and B are correct
Answer: Option C
59.
Commission for local investigation can be issued
Ex parte
In the presence of both the parties
Only after hearing all the parties
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?
Section 139
Section 133
Section 136
Section 140
Answer: Option C
Doctrine of res-judicata as contained in section 11 of Code of Civil Procedure is based on the maxim
Nemo debet bis vexari pro uno eteadem causa
Interest republicaeut sit finis litium
Both A and B
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?
Order XL Rule 5
Order XLI Rule 1
Order XL Rule 2
Order XLI Rule 5
Answer: Option A
63.
In which of the following orders there is a provision of temporary injunction?
XXXII
XXXIX
XL
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?
Order 5, Rule 30
Order 8, Rule 6
Order 6, Rule 10
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
Judgment debtor carries on business within the jurisdiction of the latter court
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
Decree directs the sale of immovable property situated outside the local jurisdiction of the former court
All these
Answer: Option D
66.
The period of limitation within which defendant shall submit his written statement is ordinarily within:
60 days from service of summons
Always 90 days from service of summons
30 days from service of summons or 90 days if allowed by the court
15 days from service of summons
Answer: Option C
67.
Interlocutory order are issued by civil court:
During pendency of civil proceedings
To summon the person
For execution of decree
For attachment of property
Answer: Option A
68.
Civil Procedure Code 1908 extends -
To the whole of India except the state of Jammu and Kashmir
To the whole of India except Nagaland and Manipur State
To the whole of India except Nagaland and tribal areas
To the whole of India except Jammu and Kashmir, Nagaland and tribal areas
Answer: Option D
69.
Set-off can be of
Ascertained sum of money
An unascertained sum of money
May be ascertained or may be unascertained
Only B and not A
Answer: Option A
70.
Principle of res judicata applies
Between co-plaintiffs
Between codefendants
Both A and B
Neither A nor B
Answer: Option C
A caveat lodged under section 148A(1) shall not remain in force after the expiry of:
30 days
45 days
60 days
90 days
Answer: Option D
72.
The Court shall reject an application to sue as an indigent person:
Where is contains the particulars required in regard to plaint
Where it is presented to be court by the applicant in person
Where applicant's allegation show a cause of action
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
Shall declare that the summons has been duly served on the defendant(s)
May declare that the summons had been duly served on the defendant(s)
Re-issue the summons to be served by the court
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?
Order 19, Rule 12
Order 14, Rule 1
Order 6, Rule 10
Order 15, Rule 22
Answer: Option B
76.
In India a decree of restitution of conjugal rights can be executed by
Attachment of the property of respondent
Arrest of the respondent
Attachment of property and arrest of respondent, both
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:
Order 16 of the Code of Civil Procedure
Order 17 of the Code of Civil Procedure
Order 18 of the Code of Civil Procedure
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
The proceedings shall abate
The proceedings shall continue
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
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:
At Bhopal
At Indore
Either at Bhopal or at Indore
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:
Detained in the civil prison for a term which may extend to 60 days
Detained in the civil prison for a term which may extend to 30 days
Detained in the civil prison for a term which may extend to 15 days
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?
Section 46
Section 50
Section 49
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:
Correct
Not Correct
Misleading
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
To suo-mota transfer the suit to the court having jurisdiction
To dismiss the suit
To return the plaint
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?
Yes
No
Can't say
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?
Order 33
Order 32
Order 55
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?
Sections 90-91
Sections 92-93
Sections 94-95
Sections 96-100
Answer: Option B
87.
Principle of Res-judicata does not apply to
Suits
Execution of decree
Arbitration proceeding
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?
Satyadhan Ghosal v. Deorajin Debi
Daryao v. State of Uttar Pradesh
LIC v. India Automobiles & Co.
None of the above
Answer: Option B
89.
Provision relating to 'Precept' is provided in Civil Procedure Code under
Section 40
Section 44A
Section 45
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?
Section 8
Section 9
Section 10
Section 11
Answer: Option B
Pleader' is defined in the Code of Civil Procedure in
Section 2(7)
Section 2(15)
Section 2(17)
Section 2(11)
Answer: Option B
92.
The provision in respect of summary procedure has been laid down under
Order 37 of Code of Civil Procedure
Order 36 of Code of Civil Procedure
Order 38 of Code of Civil Procedure
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:
An Order
A Summon
A Rule
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 Month
2 Months
3 Months
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?
Money
Shares
Land
Personal ornaments, which cannot be parted by any woman
Answer: Option D
96.
Order XXII Code of Civil Procedure applies to
Suits
Appeals
Execution proceedings
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?
Order X, Rule 8 Code of Civil Procedure
Order VIII, Rule 10 Code of Civil Procedure
Order XVIII, Rule 8 Code of Civil Procedure
Order XVIII, Rule 10 Code of Civil Procedure
Answer: Option B
98.
A decree for injuction if not obeyed-
Is not executable
Is executable by detention of the judgment debtor in civil prison or by attachment of his property
Is executable by filling a petition under Order 39 Rule 2 A of the Code of Civil Procedure
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
In a civil court only
In a criminal court only
In both civil and criminal court
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?
Order 5, Rule 30
Order 7, Rule 16
Order 6, Rule 10
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:
Voidable against all the parties other than the minor
Voidable only against the minor
Void per se and non-actionable
Valid
Answer: Option A
2. Interveners are
Entitled to be impleaded
Not entitled to be impleaded
A waste of time for the court
A burden for the plaintiff
Answer: Option B
3. An adjournment shall not be granted on the ground:
Where the circumstances are beyond the control of that party
Pleader is ill and the party could not engage another pleader in time
The pleader of a party is engaged in another court
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?
Section 140
Section 103
Section 132
Section 100
Answer: Option C
5. In a suit, where the doctrine of res- judicata applies, the suit is liable to be
Stayed
Dismissed
May be stayed and may be dismissed
Both A and C
Answer: Option B
6. Reteable distribution of proceeds of sale in execution of a decree is provided
Section 60
Section 73
Section 75
Section 80
Answer: Option B
7. Order XXXIX, Rule 2 of the Civil Procedure Code deals with
Attachment before judgement
Temporary Injunction
Execution of Decree
Appointment of Receiver
Answer: Option B
8. Mesne profit means:
Profit earned by mission
Very minimum profit
Profit received or could have been received by a person in wrongful possession of property
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
Where the execution is applied for beyond two years after the date of the decree
Where the execution application is made against the legal representatives of the judgment debtor even it made within two years of the decree
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
All the above
Answer: Option D
10.
In cases of two or more decrees the attachment of salary shall commence after
Three months of the completion of 24 months of attachment under the earlier decree
Six months of the completion of 24 months of attachment under the earlier decree
Nine months of completion of 24 months of attachment under the earlier decree
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
In the court of first instance
At the earliest possible opportunity
And there has been a consequent failure of justice
When all the conditions of A, B and C are fulfilled
Answer: Option D
12.
Compensatory costs can be imposed for
False or vexation claims or defences
Improbable claims or defences
Both A and B
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:
To call for the record of any case which has been decided by any court, subordinate to the High Court
To vary/reverse any decree or order against which an appeal lies to the High Court
Both A and B
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:
The requirement of time to be specified for execution
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
Suspension of execution for a further period of three months after the date of the report
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.
M. George v. State of Kerala, AIR 2007 SC 1034
Jagjit Singh v. State of Haryana, AIR 2007 SC 59
Meetu v. State of Punjab, AIR 2007 SC 758
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
5 days of making the application
7 days of making the application
21 days of making the application
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?
Section 111
Section 103
Section 116
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?
Order 4, Rule 1
Order 1, Rule 2
Order 3, Rule 3
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:
As one of the modes of enforcement subject to certain restrictions and conditions.
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.
Both 1 and 2 are correct
Neither 1 nor 2 is correct
1 is correct but 2 is incorrect
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?
Order 39, Rule 1
Order 39, Rule 2
Order 39, Rule 2A
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
Explanation II
Explanation III
Explanation IV
Explanation V
Answer: Option C
22.
The word "case" used in Section 115 of the Code of Civil Procedure is of wide import and
It means any state of facts juridically considered
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
Both A and B
None of these
Answer: Option B
23.
A suit may be dismissed where
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
Neither party appears when the suit is called on for hearing
Plaintiff, after summons to defendant has returned unserved, fails to apply for fresh summons for seven days
All these
Answer: Option D
24.
As per Order 11, Rule 12 of Code of Civil Procedure, an application for discovery of documents
May be filed by any party without filing any affidavit
May be filed by any party with an affidavit
Only plaintiff may file the application with affidavit
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
The suit is against a Co-operative Society
The suit is against the Government
The suit is against Gram Panchayat
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
Hon'ble High Court?
Competent Authority appointed by the State?
No appeal lies
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?
Section 43
Section 56
Section 59
Section 54
Answer: Option B
28.
Order VI Rule 15 of Code of Civil Procedure requires that
The verification of the pleadings shall be signed by the person making it
The person verifying the pleadings shall also file an affidavit in support of the verification
Either A or B
Both A and B
Answer: Option D
29.
Power to make up deficiency of court- fee is given in
Section 148
Section 149
Section 150
Section 158
Answer: Option B
30.
Under Civil Procedure Code, 1908, which one of the properties cannot be attached in execution of a decree?
Books of Account
Land
Bank Notes
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
Six weeks
Two months
Three months
Six months
Answer: Option A
32.
Appointment of a receiver
Can be claimed as a matter of right
Is mandatory
Is discretionary
Is prohibitory
Answer: Option C
33.
An executing court
Can go behind the decree
Cannot be behind the decree
It depends on Discretion of the court
None of the above
Answer: Option B
34.
Where a judgment-debtor dies before the decree has been fully satisfied:
The same cannot be executed against the legal representatives
The same can be executed against anyone of the legal representatives of the judgment debtor in its entirety
The same can be executed against all the legal representatives
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:
Can institute another suit
Cannot institute another suit
Can institute with the permission of the high court
None of the above
Answer: Option A
36.
The occasion for amendments arises in which of the following ways?
Section 152 (amendment of clerical and arithmetical mistakes in judgment decrees and orders)
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)
Order 1, r 10, sub-r (2) (striking out or adding parties)
Order 6, r. 16 (amending your opponent's pleading: compulsory amendment)
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?
District Court
Civil Court
Any Court
Small Causes Court
Answer: Option C
38.
The word 'person' used in O. 33, r 1 includes:
A company
An official receiver
Both A and B
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.
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
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
Either A or B
None of these
Answer: Option A
40.
Under section 149 of Code of Civil Procedure on payment of court fee on a subsequent date
The document shall have the same effect on if the court fee were paid at the first instance
The document shall not have the same effect on if the court fee were paid at the first instance
The document shall have the effect as directed by the court
Either A or B
Answer: Option A
Order for appointment of Court receiver
Order 49
Order 39
Order 38
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?
Section 80
Section 134
Section 135A
Section 132
Answer: Option C
43.
Purposes for which the court can issue a commission have been enumerated in
Section 73 of Code of Civil Procedure
Section 74 of Code of Civil Procedure
Section 75 of Code of Civil Procedure
Section 76 of Code of Civil Procedure
Answer: Option C
44.
Under Code of Civil Procedure find the incorrect match of the following:
Revenue Courts ⇔ Section 5
Provincial Small Causes Courts ⇔
Section 7
Pecuniary Jurisdiction of Courts ⇔
Section 9
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
Precluded from producing the same for the cross-examination of plaintiff's witnesses
Precluded from handing over the same to the witness to refresh his memory
Both A and B
Neither A nor B
Answer: Option B
46.
Objections to the attachment of property in execution can be raised
By parties to the suit
By strangers/third party
Both A and B
Only B and not A
Answer: Option C
47.
A suit alleging 'public nuisance' can be instituted by:
Advocate-General of the State.
By two or more persons, who have suffered the damage.
By two or more persons, with the leave of the Court, even though no special damage has been caused to them.
A member of the local body.
Which of the following combination is correct?
1 and 2
1 and 3
2 and 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?
Order 12, Rule 5
Order 14, Rule 20
Order 20, Rule 2
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
6% per annum
9% per annum
12% per annum
15% per annum
Answer: Option A
50.
The court may strike out any matter in any pleading
Which may be unnecessary, scandalous, frivolous or vexatious
Which may tend to prejudice, embarrass or delay the fair trial of the suit
Which is an abuse of the process of the court
All of the above
Answer: Option D
Which of the following deals with the definitions in the Code of Civil Procedure?
Section 4
Section 2
Section 8
Section 3
Answer: Option B
52.
Which of the following combinations are not correctly matched?
Execution of decree ? Sec. 77, Code of Civil Procedure
Letter of request ? Sec. 82, Code of Civil Procedure
Legal representative ? Sec. 50, Code of Civil Procedure
Institution of suit ? Sec. 28, Code of Civil Procedure
Select the correct answer:
1, 2 and 3
1, 2 and 4
1, 3 and 4
2, 3 and 4
Answer: Option B
53.
A Court of Small Causes can decide title dispute relating to immovable property
No
It can decide if the value of the property is within its pecuniary limits
If it is Senior Civil Judge Court acts as a small cause court
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:
A sick person
A minor person
A women
All of these
Answer: Option C
55.
A right to counter-claim has been provided
Under Order VIII, Rule 6A of Code of Civil Procedure
Under Order VIII, Rule 6B of Code of Civil Procedure
Under Order VIII, Rule 6C of Code of Civil Procedure
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
Is a ground for refusing that amendment
May be a ground for refusing that amendment
Is no ground for refusing that amendment
Either A or B
Answer: Option C
57.
Order rejecting plaint under Order 7, Rule 11 of Code of Civil Procedure
Is a decree
Is an order
Is a deemed decree
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
90 days from the date of service of summons
90 days from the date of expiry of 30 days from the date of service of summons
90 days from the date of the institution of the suit
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:
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'
Proceed simultaneously with execution of both the decrees
Ask 'A' to separately apply for execution of his decree against 'F'
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
Stayed
Dismissed
Rejected
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-
Natural heir
Legatee who obtains only a part of the estate of the deceased
Donee of the suit property
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-
Two thousand rupees or the amount within its pecuniary jurisdiction whichever is less
Three thousand rupees or the amount within its pecuniary jurisdiction, whichever is less
Four thousand rupees or the amount within its pecuniary jurisdiction, whichever is less
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?
Order 7, Rule 14
Order 5, Rule 24
Order 6, Rule 10
Order 10, Rule 8
Answer: Option B
64.
Set-off can be
Legal set-off
Equitable set-off
Both A and B
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?
Section 26
Order 6, Rule 1
Section 148A
Order 23, Rule 1
Answer: Option D
66.
In case of a joint decree, the execution must be applied
By all the decree holders
By more than one decree holders
By one decree holder
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
Are mere guidelines
Will prevail over the provisions of a Section
Cannot override the provisions in a Section
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?
Order 5 Code of Civil Procedure
Order 10 Code of Civil Procedure
Order 16 Code of Civil Procedure
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:
Section 2(1) of Civil Procedure Code 1908
Section 2(14) of Civil Procedure Code 1908
Section 2(9) of Civil Procedure Code 1908
Section 2(16) of Civil Procedure Code 1908
Answer: Option B
70.
The Court
Can allow amendment of pleading at any stage of the proceeding
A party can amend its pleadings at any stage
Cannot allow amendment of pleadings
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?
By delivery of any property specifically decreed
By attachment and sale of property
By serving summons on the party
By appointing a receiver
Answer: Option C
72.
Which Section of Code of Civil Procedure provides for institution of suits?
Section 25
Section 26
Section 28
Section 30
Answer: Option B
73.
Which of the following provision of Code of Civil Procedure, 1908 deals with attachment before judgment?
Order XXXVIII, Rule 1
Order XXXVIII, Rule 3
Order XXXVIII, Rule 5
Order XXXVIII, Rule 4
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:
One month
Three months
Six months
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;
Unlawful possession of the property
Wrongful possession of the property
Lawful possession of the property
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
Where cause of action is not disclosed
Where suit is barred by any law
Where suit is not in duplicate
None of these
Answer: Option D
77.
On which of the following maxim the doctrine of 'Res Judicata' is based?
Qui facit per alium facit per se
Ex turpi causa non oritur actio
Respondent superior
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
Cannot be dismissed for non- compliance
Has to be dismissed for non- compliance
Can be dismissed at the discretion of Court if the circumstances require a notice
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
Where the property is situated
Where the defendant voluntarily resides or carries on business
Both A and B
None of the above
Answer: Option C
80.
Which one of the following suits is not of a civil nature?
Suits relating to rights to property
Suits for rents
Suits for recovery of voluntary payments or offerings
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:
That he is not in a fit state of health to be detained in prison
That he is seriously ill
Both A and B
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
The plaintiff
The court
The defendant
Partly by the plaintiff and partly by the defendant
Answer: Option A
83.
Inter-pleader suit cannot be instituted
For any property which relates to two persons but which is being held by a third person for the time being
For determining the relation between a property and the persons claiming it
For getting himself absolved from the liability to keep the property which is not being held by him
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:
Scandalous
Unnecessary
Vexatious
All of the above
Answer: Option D
85.
The court under section 89(1) of Code of Civil Procedure can refer the dispute for
Arbitration or conciliation
Conciliation or mediation
Mediation or Lok Adalat
Arbitration or conciliation or Lok Adalat or mediation
Answer: Option D
86.
Pleading means
Plaint or rejoinder
Plaint or written statement
Plaint or written statement or rejoinder
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
Rs. 100
Rs. 200
Rs. 500
D. Rs. 1000
Answer: Option C
88.
The provision regarding 'summary suits' are in:
Order 32 of the Code of Civil Procedure
Order 37 of the Code of Civil Procedure
Order 28 of the Code of Civil Procedure
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?
There must be some debt or the property in dispute
Two or more persons claiming the debt or the property in dispute adversely to one another
There must be suit pending wherein the rights of rival claimants for the debt or the property in dispute can be properly adjudicated
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?
Yes
No
Not always
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?
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
Where questions arose between the auction-purchaser on the one hand and a party to the suit or his representative on the other hand
Both A and B
None of these
Answer: Option C
92.
Attachment of property inexecution of a decree
Continues to be under attachment if the decree is set aside or reversed, without a specific order of release
Shall be deemed to be withdrawn on setting aside or reversal of the decree
Shall be deemed to be withdrawn on reversal of the decree but not on setting aside of the decree
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
Execution proceedings
Special proceedings
Suit
None of the above
Answer: Option A
94.
Security for payment of cost can be required to be furnished:
Under Order XXA
Under Order XXV
Under Order XXIV
Under Order XXVII
Answer: Option B
95.
Which of the following deals with the written Statement in the Code of Civil Procedure?
Order 8, Rule 1
Order 4, Rule 13
Order 6, Rule 10
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"?
M. V. Shastry v. Gopalkrishna Bhat
Ram Narang v. Ramesh Narang
Lachman Dass v. Jagat Ram
Bajaj Auto Ltd. v. TVS Motor Co.
Answer: Option D
97.
Which one of the following is not a rule of pleading?
Plead the fact and not the law
State the law and plead the facts
Plead material facts only
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?
Yes
No
Yes, only if both the parties agree
None of the above
Answer: Option B
Tehsildar
Collector
District Judge
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
Appeal
Application
Notice of Motion
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:
Precluded absolutely for participating in any proceeding in the suit
At liberty to join the proceedings at the stage where the proceedings are pending
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
None of the above
Answer: Option B
2. An Executing Court cannot determine the questions relating to which of the following?
Execution of decree
Discharge of decree
Satisfaction of decree
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?
Order 44, Rule 4
Order 31, Rule 21
Order 46, Rule 9A
Order 9, Rule 10
Answer: Option C
4. Proceedings in Code of Civil Procedure include
A proceeding for the execution of a
decree or order
A proceeding for the execution of a decree, order or a prosecution
1 is correct
2 is correct
Both are correct
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:
In personam
Per incurium
Sub silentio
In rem
Answer: Option B
6. In which of the following cases, C can set off the claim?
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
A sues Band C for Rs. 1,000. The debt is due to C alone by A
A and B sue C for Rs. 1,000. The debt is due to C by A alone
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:
Before District Court
Before that Court which has passed the decree
Before that court where the defendant is residing temporarily under local jurisdiction
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
Res-judicata
Res-subjudice
Stay of suit
None of the above
Answer: Option C
9. Order 32 of the Code of Civil Procedure is related to?
Suit by or against minors and persons of unsound mind
Suit by or against trustees executors and administrators
Suit related to matters concerning family
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
Its principal office in India
Its subordinate office where the cause of action did arise
Both A and B
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:
Both A and R are true and R is the correct explanation of A
Both A and R are true and R is not the correct explanation of A
A is true, but R is false
A is false, but R is true
Answer: Option C
12.
Discovery by interrogatories and inspection has been provided
Under Order X of Code of Civil Procedure
Under Order XI of Code of Civil Procedure
Under Order XV of Code of Civil Procedure
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
An individual without the leave of the Court
An individual with the leave of the Court
Two or more persons without the leave of the Court
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:
At any time after the institution of a suit, the plaintiff may withdraw his suit or abandon part of his claim
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
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
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
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.
Any adjudication from which an appeal lies as an appeal from an order.
Any order of dismissal of suit for default.
Rejection of plaint.
Which of the statements given above are correct?
1 and 2
2 and 3
1 and 4
All these
Answer: Option C
16.
Judgement and decree have been dealt in which of the following order in Code of Civil Procedure?
Under Order XX
Under Order XIX
Under Order XXA
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?
Where the plaintiff fails in the suit
Where the plaintiff is dispaupered under r 9
Where the suit is withdrawn
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
30 days from the date of the order
15 days from the date of the order
14 days from the date of the order
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:
Are in the nature of compensation to the plaintiff, for being kept out of the money due to him
Are discretionary as indicated by the word 'may'
Both A and B
None of these
Answer: Option C
20.
Under Section 104 of the Code of Civil Procedure an appeal can be preferred against
An order under Section 91 to refuse permission to institute suit
An order under Section 95 for compensation
An order under Section 92
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)?
Section 145
Section 154
Section 148
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
Defendants cannot be transposed as plaintiffs
Defendants can be transposed as plaintiffs under all circumstances
Defendants can be transposed as plaintiff if substantial question is to be decided against any of the other defendants
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:
No further appeal shall lie from the judgement and decree of such single judge
Further appeal shall lie under the Letters Patent for the High Court
Further appeal shall lie with the leave of the Supreme Court
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?
Order 11, Rule 6
Order 4, Rule 13
Order 6, Rule 10
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
The suit shall be abated
The suit shall not be abated
The suit shall not be abated if cause of action survives
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
60 days from the date on which it was filed
30 days from the date on which it was lodged
120 days from the date when it was lodged
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
One month
Two months
15 days
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:
Court must be situated outside India
Court must not have been established by Central Government
Court must not continued by the Central Government
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
In which such decree was passed
To which such decree has been transferred from other court
Such decree was pending
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
On his oral consent
On his consent in writing
Either A or B
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:
'Y' alone as legal representative
'Z' alone as legal representative
'Y', 'Z' and the husband of Z as legal representatives
'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
Within 90 days from the date of service of summons
Within 60 days from the date of service of summons
Within 30 days from the date of service of summons
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?
Order 44, Rule 3
Order 31, Rule 9
Order 22, Rule 18
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.
The amendment will be allowed
The amendment will not be allowed
Either A or B
None of these
Answer: Option B
36.
Decree', as defined by Section 2 of the Code of Civil Procedure, 1908 does not include;
A preliminary decree
Rejection of a plaint
Determination of any question within Section 144 Code of Civil Procedure
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?
20 days
90 days
60 days
30 days
Answer: Option B
38.
Which of the following properties are not liable to attachment in execution of decree?
Bank Notes and Cheques
Promissory Notes
Land
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:
Order VIII, Rule 5 of Code of Civil Procedure
Order VIII, Rule 6 of Code of Civil Procedure
Order VIII, Rule 7 of Code of Civil Procedure
Order VIII, Rule 9 of Code of Civil Procedure
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
Amended
Withdrawn
Either A or B
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?
UCO Bank v. Roopa Ram
Raga Ram v. Smt. Kokali
Kamla Devi v. Khushal Kanwar
None of these
Answer: Option C
42.
Which of the following is a basis of the jurisdiction of a court?
Subject matter
Pecuniary value
Local limits
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?
Order 43, Rule 1A
Order 31, Rule 9
Order 22, Rule 18
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:
30 days
45 days
60 days
90 days
Answer: Option A
45.
A person may sue a foreign state:
With the consent of the State Government
Only with the consent of the Central Government
With the consent of Central or State Government
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.
91
89
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?
Decree
Preliminary decree
Interlocutory Order
Final Order
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?
Requires the affidavit of the guardian and the compromise is for the benefit of the minor
Suit against a minor cannot be compromised except with the permission of the Guardianship Court
Both parents of the minor must furnish an affidavit stating that they have compromise
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?
Order 12, Rule 1
Order 10, Rule 9
Order 19, Rule 6
Order 22, Rule 4
Answer: Option D
50.
Section 47 of Code of Civil Procedure is
Mandatory and bars a suit
Mandatory and bars a defence
Mandatory and bars a suit as well as a defence
Directory
Answer: Option C
A sues B on a bill of exchange for Rs. 1000 B holds a judgment against A for Rs. 2000.
Pecuniary demand may be set off because both claims are definite
Claims cannot be set off because issues are different
Both A and B are correct
None of the above
Answer: Option A
52.
Who may apply for reference under Section 113 of the Code of Civil Procedure 190
A party to suit
Court
Both A and B
None of the above
Answer: Option B
53.
During the pendency of the suit, to a party producing the document
The original document admitted in evidence cannot be returned
The original documents admitted in evidence can be returned on producing the certified copies thereof
The original documents admitted in evidence can be returned on producing an ordinary copy thereof
Either B or C
Answer: Option B
54.
Under Order XXIII, Rule 1 of Code of Civil Procedure, the plaintiff is
Under an obligation to withdraw the suit with entirety with respect to all the claims
Having the liberty to withdraw the suit in its entirety or abandon a part of his claim
Having the liberty to withdraw only a part of his claim and cannot abandon the suit
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.
B cannot afterwards sue A to recover Rs. 1,000
B can afterwards sue A to recover Rs. 1,000
Either A or B
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:
Valid
Void
Voidable against all the parties other than the minor
Voidable against all the parties including the minor
None of these
Answer: Option C
57.
Which of the following combinations are correctly matched?
Temporary ⇔ Order 39 Code of Civil Procedure injunction
Suit by Indigent ⇔ Order 33 Code of Civil Procedure person
Powers of Appellate ⇔ Section 102 Code of Civil Procedure Hate Court
Right to file ⇔ Section 148A Code of Civil Procedure caveat
Select correct answer:
1, 2 and 4
1, 2 and 3
1, 3 and 4
2, 3 and 4
Answer: Option A
58.
Plea raised by contesting respondent is in fact called:
Plea for caveat
Plea for adjournment
Plea for demurrer
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:
May at any time be exercised by Court of its own motion
May at anytime be exercised on an application by any of the Parties
Either A or B
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
X alone as legal representative
Y alone as legal representative
X, Y and the husband of Y as legal representative
X and Y both as legal representative
Answer: Option D
61.
According to Section 2(11) Code of Civil Procedure, 'legal representative' means
A person who in law represents the estates of a deceased person
Any person who does not intermeddles with the estate of the deceased
Any person elected under the Representation of the People Act, 1951
Any person who can represent the party to the suit
Answer: Option A
62.
The term "Res Sub Judice" means
Stay of suit
Stay of appeal
Stay of application
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.
Nine per cent
Ten per cent
Six per cent
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-
Ten days
Fifteen days
Eighteen days
Thirty days
Answer: Option B
65.
An ex-parte decree can be set aside
Under Order IX, Rule 7 of Code of Civil Procedure
Under Order IX, Rule 11 of Code of Civil Procedure
Under Order IX, Rule 13 of Code of Civil Procedure
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
In conflict with each other
Independent and mutually exclusive
Order XVII, Rule 3 of Code of Civil Procedure is dependent on Order XVII, Rule 2 of Code of Civil Procedure
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:
Is barred because no claim of mesne profits was sought in the earlier suit
Is barred because the claim of mesne profits prior to the date of decree stands barred under O. 2, r 2
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
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
Section 152, Code of Civil Procedure
Section 153, Code of Civil Procedure
Section 153A, Code of Civil Procedure
Section 153B, Code of Civil Procedure
Answer: Option B
70.
Where the defendant is confined in a prison, the summons shall be served:
By affixing outside the prison
By sending process server in the prison
By delivery of the summons to the Officer incharge of the prison for service on the defendant
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?
No, the bar of res judicata will apply
Yes, the bar of res judicata will not apply since the court did not address these reliefs
Yes, because it will be assumed that the plaintiff was not given a fair hearing
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:
Permissible
Subject of revision
Not permissible
None of these
Answer: Option C
73.
Judgement and decree passed by the court which lacks inherent jurisdiction
Is a nullity
Would never operate as res judicata
Can be challenged in subsequent suit
All of these are correct
Answer: Option D
74.
The Code of Civil Procedure, 1908 extends to the:
Whole of India
Whole of India, except the State of Jammu and Kashmir
Whole of India, except the Scheduled Areas and State of Jammu and Kashmir
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?
Order 7, Rule 15
Order 4, Rule 13
Order 6, Rule 10
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:
Arbitration
Conciliation
Judicial settlement including settlement through Lok Adalat
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
Can be extended upto a maximum period of 14 days from the date of order, if no time is limited
Can be extended upto a maximum period of 30 days from the date of order, if no time is limited
Can be extended without any maximum limit
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
10 days of the receipt of summons for judgment
30 days of the receipt of summons for judgment
90 days of the receipt of summons for judgment
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
7 days
10 days
14 days
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-
The Naib Tahsildar
The Nazir
The Collector
The Commissioner appointed by the court
Answer: Option C
The principle of res judicata is not applicable to which of the following
Execution Proceedings
Suits
Arbitration Proceedings
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?
Section 19
Section 20
Section 21
Section 22
Answer: Option C
83.
Which of the following are the principal rules as to concurrent jurisdiction?
Concurrent as to pecuniary limit and the subject matter
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'
Competency of the trial court determination
Competence of court when there is a court with preferential jurisdiction
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
Cannot grant interim relief under Order XXXIX Code of Civil Procedure
Can still grant interim relief under Order XXXIX Code of Civil Procedure
Has to nevertheless issue summons of the suit
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.
Order XXI
Order XI
Order XXII
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:
Salem Advocates Bar Association, Tamil Nadu v. Union of India
Civil Court Bar Association v. Union of India
Indian Courts Bar Association v. Union of India
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-
The decree prepared can be signed by the newly posted Judge
The decree prepared is sent for the approval of the High Court
The decree is sent for signature to the Court to which the trial Court is subordinate
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
Bars a fresh application on the same cause of action
Does not bar a fresh application on the same cause of action if moved along with amended schedule of property
Does not bar a fresh application on the same cause of action with the leave of the Court
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?
Certiorari
Mandamus
Quo Warranto
90.
An ex-parte decree can be set aside:
Under Order IX, Rule 7 of Code of Civil Procedure
Under Order IX, Rule 11 of Code of Civil Procedure
Under Order IX, Rule 13 of Code of Civil Procedure
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
Bills of exchange
Hundies
Promissory notes
All the above
Answer: Option D
92.
A foreign judgement
Can never be conclusive
Can be conclusive as to any matter indirectly adjudicated upon between the same parties
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
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?
An order to set aside the dismissal of a suit
An order to set aside the decree passed ex parte
An order for grant of temporary injunction
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.
The appeal will be dismissed
The appellate court will send the suit for retrial
The High Court will suspend the judge
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?
Section 139B
Section 135A
Section 132A
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
Dissolution of partnership
Pre-emption
Possession and mesne profits
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
11
14
15
16
Answer: Option D
98.
The order of injunction may be discharged, or varied, or set aside by the Court at the instance of
Plaintiff alone
Defendant alone
Both plaintiff and defendant
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?
30 days
14 days
60 days
45 days
Answer: Option B
100.
Res judicata is
A question of law
A fact which should be pleaded
A fact which need not be pleaded
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:
To examine any person
To examine accounts
To perform any ministerial act
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
Order X, Rule 1B of Code of Civil Procedure
Order X, Rule 1C of Code of Civil Procedure
Order X, Rule 3 of Code of Civil Procedure
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:
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
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
On payment of double the court fees
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
Can operate as res-judicata under all circumstances
Cannot operate as res-jusdicata
Can operate as res-judicata under certain circumstances only
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
He is liable to criminal prosecution under Indian Penal Code
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
In the same court
In a foreign court
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
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:
As a general rule
Where the suit suffers from same formal defect and is likely to fail on that account
Where the court finds sufficient grounds
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:
To determine a case finally
To remand the case
Does not have power to take additional evidence
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:
Any property, in dispute, in a suit is in danger of being wasted, damaged or alienated by any party
Where plaintiff can be compensated by money
That the defendant threatened to remove or dispose of the property with a view to defrauding his creditors
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
Can try a suit against the Government. (Union or State)
Can try a suit relating to mortgages
Cannot try a suit against the Government (Union or State)
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?
Phoolchand v. Gopal Lal, AIR 1967 SC 1470
Balraj Taneia v. Sunil Madan, AIR 1999 SC 3381
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?
He is not possessed of sufficient means to enable him to pay the fees prescribed for the plaint in such suit
He is not entitled to property worth Rs. 1000
He has no sufficient means for his livelihood
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?
Order 16A, Rule 6
Order 14, Rule 20
Order 19, Rule 21
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
Rs. 400 plus two third of the remainder
Rs. 500 plus one half of the remainder
Rs. 1,000 plus one third of the remainder
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?
Section 111
Section 119
Section 108
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
New suit may be instituted with the consent of parties
Fresh suit may be filed with prior permission of the court
No fresh suit shall be brought
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?
Order 11, Rule 22
Order 4, Rule 13
Order 6, Rule 10
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
Those profits which the person in wrongful possession of such property actually received or might have received together with interest
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?
By Act 46 of 1999
By Act 104 of 1976
By Act 66 of 1956
By Act 22 of 2002
Answer: Option B
35.
Which of the following is not liable to attachment and sale in execution of decree?
Land and Building
Money and Cheques
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?
Record re-examination of a witness
Decide objections raised during recording of evidence
Record remarks regarding the demeanour of the witness while under examination
Record the evidence either in writing or mechanically
Answer: Option B
37.
Under Section 75 of Civil Procedure Code, the court cannot issue commission:
To examine any person
To make a partition
To conduct sale of property which is not in the custody of the court
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?
Order 5, Rule 30
Order 9, Rule 12
Order 7, Rule 7
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?
Advocate General
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
Does not oust the jurisdiction of other courts
May operate as estoppel between the parties
Both A and B
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
The State of Jammu and Kashmir
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
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:
Has to be in writing
Has to be in writing and duly signed by the respective parties
May not be in writing
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:
Can file an appeal under Section 96 of the Code of Civil Procedure
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:
Summons were not duly served
Non-appearance of defendant as copies of documents filed with plaint were not provided to defendant
Defendant refused to receive the summons and thereafter no fresh summons were issued to him
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-
Frame issues of law and facts and adjudicate the issues of law as preliminary issues
Frame issues both of fact and law and decide all issues together
Frame issues only on the issues of law and postpone the settlement of other issues
Both A and C
Answer: Option D
57.
Foreign judgment as defined under Section 2(6) of Code of Civil Procedure means:
Judgment given by an Indian Court in respect of foreigners
Judgment given by a Foreign Court
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?
Order 1, Rule 1
Order 1, Rule 10
Order 1, Rule 3
Order 1, Rule 9
Answer: Option B
59.
Which of the following deals with Publication of rules in the Code of Civil Procedure?
Section 140
Section 131
Section 108
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-
Acceptor resides
Proposer resides
Contract is entered into
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
Cannot be sued in Indian Courts
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?
Section 140
Section 103
Section 132
Section 141
Answer: Option D
65.
Under which provision, Decreed amount may be directed for payment in instalments after passing the decree?
Rule 10 of Order 20 of Code of Civil Procedure
Rule 11 of Order 20 of Code of Civil Procedure
Rule 12 of Order 20 of Code of Civil Procedure
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?
The Co-defendants must have filed joint written statement
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
If the genuineness of the document is beyond doubt and is relevant to decide the real question in controversy
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-
At any time before evidence from plain tiffs side is over
At any time before evidence from defendant's side is over
At any time before arguments are heard
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.
The bar under O. 2, r 2 is not applicable to the subsequent suit
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
Both A and B
None of these
Answer: Option C
74.
Which of the following is not a suit of civil nature?
Suit relating to right of worship
Suit relating to taking out of religious procession
Suit against expulsions from caste
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:
Upto Rs. 5,000
Upto Rs. 3,000
Upto Rs. 1,000
Any amount without limit
Answer: Option B
76.
Mark the incorrect statement:
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
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
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
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
Summons not duly served
Being prevented by any sufficient cause from appearance
Non-appearance due to non-availability of documents with the plaint
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
Order 6, R-7, Code of Civil Procedure
Order 6, R-15, Code of Civil Procedure
Order 6, R-17, Code of Civil Procedure
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
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
To defendant only
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
Under Order XXXIX, Rule 2A of Code of Civil Procedure
Under Order XXXIX, Rule 2 of Code of Civil Procedure
Under Order XXXIX, Rule 3 of Code of Civil Procedure
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:
By a party in the suit if he is aggrieved by the judgment
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.
The suit was against the defendants in their individual capacity, and not as representing the sect to which they belonged
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
Under section 112 of Code of Civil Procedure
Under section 114 of Code of Civil Procedure
Under section 115 of Code of Civil Procedure
Under section 116 of Code of Civil Procedure
Answer: Option B
92.
Security for appearance can be required to be furnished by the defendant
Under Order XXXVIII, Rule 1 of Code of Civil Procedure
Under Order XXXVIII, Rule 2 of Code of Civil Procedure
Under Order XXXVIII, Rule 3 of Code of Civil Procedure
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?
Section 9
Section 10
Section 11
Section 12
Answer: Option B
94.
A garnishee is . . . . . . . .
The Judgment debtor
Judgment debtor's debtor
Judgment debtor's creditor
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:
The decision granting the consent is open to question by the court
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
To settle the issues
To finally dispose of the case
To elucidate matter in controversy in the suit
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?
Order 5, Rule 30
Order 8, Rule 6
Order 6, Rule 10
Order 10, Rule 22
Answer: Option B
. The decrees or orders made by Small Causes Court are revisable by
The District Court
The High Court
Both A and B
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
Under Order XXXIX, Rule 1 of Code of Civil Procedure
Under Order XXXIX, Rule 2 of Code of Civil Procedure
Under Order XXXIX, Rule 3 of Code of Civil Procedure
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
Issue a warrant for his arrest
Attach and sell his property or impose a fine upon him
Order to him furnish security for his appearance and in default commit him to the civil person
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
Section 60 of Code of Civil Procedure
Section 62 of Code of Civil Procedure
Section 64 of Code of Civil Procedure
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
Rule 19 of Order XVIII of Code of Civil Procedure
Rule 4 of Order XVIII of Code of Civil Procedure
Rule 2 of Order XVIII of Code of Civil Procedure
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
Between co-defendants
Between co-plaintiffs
Against a pro forma defendant
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?
Suits for rights to hereditary offices
Suits for rights of franchise
Suits for recovery of voluntary payments of offerings
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:
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
Section 48 of Code of Civil Procedure
Section 49 of Code of Civil Procedure
Section 51 of Code of Civil Procedure
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?
The restitution sought must be in respect of the decree or order which had been varied or reversed
The party applying for restitution must be entitled to a benefit under a reversing decree or order
The relief claimed must be properly consequential on the reversal or variation of the decree or order
All of these
Answer: Option D
Civil Procedure Code: The provisron in respect of summary procedure has been laid down under
Order 32A of Code of Civil Procedure
Order 29 of Code of Civil Procedure
Order 34 of Code of Civil Procedure
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
Only on the issues of law
Only on the issues of facts
On each separate issue
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?
Section 22
Section 24
Section 25
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-
Section 96(1) Code of Civil Procedure
Section 96(2) Code of Civil Procedure
Section 96(3) Code of Civil Procedure
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
Granted just as a matter of routine
Granted ordinarily
Granted on sufficient cause being shown by the defendant
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?
Order 5, Rule 30
Order 7, Rule 6
Order 6, Rule 10
Order 10, Rule 22
Answer: Option B
25.
A suit relating to partnership dissolved in a foreign country can be filed at a place
In foreign country
Where the parties to the suit reside in India
Both A and B
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
Sufficient means to pay the fee payable on the plaint
Any means to pay the fee payable on the plaint
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?
Attachment shall be deemed to have ceased
Attachment shall cease after three months
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?
Question of law
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?
Order 7, Rule 11
Order 9, Rule 6
Order 6, Rule 10
Order 10, Rule 22
Answer: Option A
33.
Compensatory costs are imposed A.Under section 35 of Code of Civil Procedure
Under section 35A of Code of Civil Procedure
Under section 35B of Code of Civil Procedure
All the above
Answer: Option B
34.
The Registrar of a Provincial Small Cause can, when conferred with jurisdiction by the State Government
Try suits of unlimited pecuniary jurisdiction
Try suits upto limited pecuniary jurisdiction
Cannot try any suit
Can also decide criminal cases
Answer: Option B
35.
The word 'possession or power' used in O. 13, r 1 and r 2 imply:
That the document in question must be in actual physical possession or control of the plaintiff
That the document over which the plain tiff has no control
That the document which can be produced only through intervention of court by calling a witness and asking him to produce a document
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?
Section 11
Section 105
Section 115
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
Under section 59 of Code of Civil Procedure
Under section 60 of Code of Civil Procedure
Under section 61 of Code of Civil Procedure
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
Section 151 of Code of Civil Procedure
Section 152 of Code of Civil Procedure
Section 153 of Code of Civil Procedure
Section 150 of Code of Civil Procedure
Answer: Option A
An application for review of judgment would lie only when:
The applicant has accepted the judgment
The applicant gives an undertaking to the Court to accept the judgment
An appeal lies against the judgment and has been preferred
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?
The Chief Secretary to the Government
The District Collector
The Governor of the State
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
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
In second appeal, the High Court may determine any question which has not been determined or wrongly determined by the courts below
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
One month
Two months
Three months D.Six months
Answer: Option C
47.
Order XVII, Rule 3 of Code of Civil Procedure applies
When the party fails to produce the evidence
When the party produced the evidence
When the parties or any of them not present
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
Permit the Defendant to file its written statement
Convert the suit into an ordinary suit
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?
Section 46
Section 52
Section 45
Section 49
Answer: Option B
50.
Civil Procedure Code - Which one of the following is correct?
Appellate Court shall have power to determine a case finally
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?
Section 111
Section 115
Section 108
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
Thirty days
Forty five days C.Sixty days D.Ninety days
Answer: Option A
55.
From which date Civil Procedure Code, 1908, became operative?
1st January, 1908
1st April, 1908
1st December, 1908
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?
Section 18B
Section 20A
Section 21A
Section 25A
Answer: Option C
57.
Which provision of Code of Civil Procedure defines Mesne profits?
Section 2(11)
Section 2(12)
Section 2(17)
Section 2(14)
Answer: Option B
58.
The delay in applying for leave to defend
Can be condoned generally
Can be condoned on a sufficient cause being shown
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?
Section 111
Section 103
Section 120
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:
Not exceeding Rs. 500
Not exceeding Rs. 1000
Not exceeding Rs. 1,500
Not exceeding Rs. 2,000
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?
Section 59
Section 50
Section 60
Section 54
Answer: Option A
Which Section of the Code of Civil Procedure lays down the rule of res sub judice?
Section 15
Section 13
Section 11
Section 10
Answer: Option D
68.
Order XLII, Rule 1 provides that
The rules of Order XLI shall apply, so far as may be, to appeals from original decrees
The rules of Order XLI shall apply, so far as may be, to appeals from appellate decrees
The rules of Order XLI shall apply, so far as may be, to orders passed in a suit by the trial court
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?
Order 5, Rule 30
Order 9, Rule 12
Order 7, Rule 3
Order 10, Rule 22
Answer: Option C
70.
Match the following lists:
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?
Order 16, Rule 2
Order 12, Rule 3A
Order 6, Rule 10B
Order 13, Rule 22
Answer: Option B
73.
A 'next friend' or guardian, under Order XXXII, Rule 7 of Code of Civil Procedure
Can enter into an agreement without the leave of the court but cannot compromise a suit
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:
Entitled to refund of Court fee
Entitled to refund of Count fee and interest there on
Not entitled to refund
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
Application under Section 114 Code of Civil Procedure
Application under Section 115 Code of Civil Procedure
Application under Section 144 Code of Civil Procedure
Appeal under Section 96 Code of Civil Procedure
Answer: Option C
76.
In which of the following are provisions relating to Injunction mentioned?
Section 95 read with Order XXXIX
Section 30 read with Order XI
Section 36 read with Order XXI
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
Not barred at all
Barred under all the circumstances
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?
Section 48 of the Civil Procedure Code
Section 46 of the Civil Procedure Code
Section 47 of the Civil Procedure Code
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
Can be called upon by the other party to admit facts
Can be called upon by the other party to admit any document
Can be called upon by the other party to produce the documents
Neither A or B or C
Answer: Option A
84.
The words 'any director' in Order 29, Rule 3 means:
Only the director who has signed and verified the pleading or on whom the summons has been served
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
Operates as res judicata
Does not operate as res judicata
Operates as res judicata, if not erroneous
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
Approved by the defendant
Approved by the court
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
The points for determination
The decision thereon
The reasons for the decision
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 . . . . . . . .
Can be allowed
Cannot be allowed
Can be allowed after cross-examination
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:
Any person in whose favour a decree has been passed
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.
Two years of the decree
Four years of the decree
Three years of the decree D.Five years of the decree
Answer: Option A
94.
Which one of the following order is appealable?
Order Under Section 35
Order Under Section 35A
Order Under Section 35B
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:
Can file the proceedings by way of defence of set-off or counter-claim without the leave of the court
Can file the proceedings by way of defence of set-off or counter-claim only with the leave of the court
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
He can afterwards sue for these installments
He cannot afterwards sue for these installments
C.Either A or B D.None of these
Answer: Option B
97.
A plaintiff
Cannot unite several causes of action in the same suit
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
Under Order VI, Rule 10 of Code of Civil Procedure
Under Order VI, Rule 16 of Code of Civil Procedure
Under Order VI, Rule 17 of Code of Civil Procedure
Answer: Option D
99.
Civil Procedure Code: Pleading means-
Plaint or rejoinder
Plaint or written statement
Plaint or written statement or rejoinder
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,
The counter claim also may be dismissed
The counter claim will be failed
The counter claim may be decided on merits
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.
The suit is not barred
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
If the defendant admitted the whole claim of the plaintiff
If the defendant admits the claim of the plaintiff in part, to the extent of claim admitted
Both A and B
Neither A nor B
Answer: Option C
4. A compromise decree
Operates as res judicata between parties to the compromise
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?
Seven days
Fourteen days C.Fifteen days D.Thirty days
Answer: Option B
6. The court will not proceed with an appeal:
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
When the decree against the surviving respondents, if the appeal succeeds, will be ineffective, that is to say, it cannot be successfully executed
Both A and B
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
Against injunction order
Original Decree
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?
In his name
In his name by next friend
Guardian of minor in his own name
Relative of minor in his name
Answer: Option B
10.
Which of the following section of the Code of Civil Procedure, 1908 defines 'jurisdiction'?
Section 2(9)
Section 9
Section 15
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
To the court which passed the decree
To the district court
To the High Court
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
Under section 21 of Code of Civil Procedure
Under section 21A of Code of Civil Procedure
Under section 22 of Code of Civil Procedure
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:
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.
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.
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, 2 and 3 are correct
Only 1 and 2 are correct
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:
In all cases
In cases where both parties specifically plead for settlement
In cases where at least one of the parties pleads for settlement
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?
Section 90
Section 88
Section 92
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:
Before a person with whom the accused had no previous contact
Before a person whom the accused already knows
Before a person who is a co-accused
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
Under Order XX
Under Order XXI
Under Order XX-A
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
Order 21, Rule 30
Order 21, Rule 31
Order 21, Rule 32
Order 21, Rule 34
Answer: Option C
26.
Set-off is a
Reciprocal agreement between the plaintiff and defendant
Reciprocal ascertainment of debts between the parties
Both A and B
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.
The suit may be instituted in Delhi only
The suit may be instituted in Bangalore only
The suit may be instituted either in Delhi or Bangalore
None of the above
Answer: Option C
29.
Which maxim denote the purpose of "res judicata":
Interest rupublicae ut sit finis litum
Nemo debet lis vexari pro una et eadem causa
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?
Section 139
Section 137
Section 133
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
Order IX, Rule 1 of Code of Civil Procedure
Order IX, Rule 2 of Code of Civil Procedure
Order IX, Rule 3 of Code of Civil Procedure
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:
Section 151 Code of Civil Procedure
Order XXIII, Code of Civil Procedure
Order XLIII, Rule 1A Code of Civil Procedure
None of the above
Answer: Option C
34.
Section 25 of the Code of Civil Procedure provides for which of the following?
Power of the Supreme Court to transfer suits
Power of the High Courts to transfer suits
Power of District Courts to transfer suits
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?
Order 25, Rule 5
Order 47, Rule 1
Order 22, Rule 18
Order 16, Rule 10
Answer: Option B
36.
Which one of the following propositions with regard to an inter- pleader suit is incorrect?
Defendants claim adversely to one another
Plaintiff claims no interest in the subject matter in dispute other than for charges or costs
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.
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
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
Both A and B
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
When the issues are framed
When the affidavits in evidence are filed
When the affidavits in evidence are tendered by the witness
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
Acknowledgment or a signed statement of account
Both A and B
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?
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
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
The parties as aforesaid must have litigated under the same title in the former suit
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
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
Only in separate proceeding
Also in subsequent stage of the same proceeding
Depends upon some things
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-
For examining a person
For examining accounts
To execute partition
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':
Order 19
Order 20
Order 21
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'
Can institute inter-pleader suit against 'A'
Can institute Inter-pleader suit against 'C'
Can institute Inter-pleader suit against 'A' and 'C' both
Cannot institute an Inter-pleader suit against 'A' and 'C'
Answer: Option D
48.
A judgement contains-
Concise statement of the case
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:
Is necessarily required to stall further recording of evidence and to refer the said objections to the court for decision thereof
Is empowered to decide the said objections and proceed with the recording of evidence
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
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
The proceedings shall abate
The proceedings shall not abate
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?
To make local investigation
To examine a person
To order a party to appear in the Court and answer the claim
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
Decide the matter itself
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?
Section 145
Section 158
Section 148
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
Under Order I, Rule 10 of Code of Civil Procedure
Under Order I, Rule 10A of Code of Civil Procedure
Under Order I, Rule 8 of Code of Civil Procedure
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:
The name of the court in which the suit is brought
Name, description and residence of plaintiff and defendant
Cause of action, jurisdiction and claim
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?
The matter in issue in the subsequent suit must be directly and substantially in issue in the previous suit
The parties must be litigating under the same title in both the suits
Both A and B
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
By affixing the same on the notice board of the Municipal Council of Gram- Panchayat as the case may be
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
By affixing the same on the conspicuous place of his house
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?
Order 5, Rule 30
Order 8, Rule 6D
Order 6, Rule 10
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
In order from which an appeal lies
In interlocutory order
Both A and B
Neither A nor B
Answer: Option C
68.
Delay in putting in the appearance in a suit under Order XXXVII
Cannot be condoned
Can be condoned as a matter of right
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?
Section 88
Section 90
Order XXXV Rule 3
Order XXXV Rule 4
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:
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
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
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:
The plaint in the earlier suit has been rejected under Order VII Rule 11 of the Code of Civil Procedure
The earlier suit has been dismissed owing to failure to take steps for service of the defendant
The earlier suit has been dismissed owing to neither party appearing when the suit is called for hearing
All of the above
Answer: Option D
74.
Which of the following properties of a judgment debtor are liable to be attached:
Personal ornaments of religious usage of a woman
Tools of artisan and cattle and seed grain
Books of accounts
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:
While the reference on the point of difference is obligatory under cl. 36 it is optional under s. 98
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
If the stamp writing is not clear
If it is barred by another enactment of the Parliament
If the plaint is made in a foreign language
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
Daryao v. State of Uttar Pradesh
State of Uttar Pradesh v. Nawab Hussain
Both A and B above
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;
Daryao v. State of Uttar Pradesh
Arjun Singh v. State of Madhya Pradesh
Sudhir Chandra v. State of West Bengal
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
The plaintiff
The defendant
The court
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
Saving the time of the court
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
Entitles the caveat or to receive notice of the application
Makes the caveat or a party to the suit
Both A and B
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:
He is aggrieved by a decree/order from which an appeal is allowed, but no appeal is allowed
He is aggrieved by a decree/order from which no appeal is allowed
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
Under Order XXII, Rule 2 of Code of Civil Procedure
Under Order XXII, Rule 3 of Code of Civil Procedure
Under Order XXII, Rule 4 of Code of Civil Procedure
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?
Order 5, Rule 6
Order 2, Rule 2
Order 6, Rule 10
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?
If the relief claimed is substantial relief
If the relief claimed is obligatory on the court to grant
Both A and B
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
Daryao v. State of Uttar Pradesh, AIR 1961 SC 1457
Mathura Prasad v. Doseibai, AIR 1971 SC 2355
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
When it conclusively determines the rights of the parties
When no appeal has been preferred against the decree
Both A and B
Neither A nor B
Answer: Option C
92.
Which of the following deals with judgment when pronounced in the Code of Civil Procedure?
Order 12, Rule 5
Order 20, Rule 1
Order 19, Rule 21
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?
Revision under Section 115, Code of Civil Procedure
Application for execution under Order XXI, Code of Civil Procedure
Appeal under Sections 96, 100 and 104 Code of Civil Procedure
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
Is barred
Is not barred under any circumstances
Is not barred subject to law of limitation
None of the above
Answer: Option A
96.
A decree of restitution of conjugal rights, in India, can be executed by:
Attachment of the property of the respondent
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
Costs of causing delay
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
1st April, 2002
1st June, 2002
1st July, 2002
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?
Section 139
Section 133
Section 132
Section 137
Answer: Option D
A second appeal under Section 100 of the Code of Civil Procedure, 1908 lies to the High Court . . . . . . . .
On the point of law
On mixed question of law and fact
On disputed questions of fact
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?
Any time
Can be taken at appellate or revision stage for the first time
Before the Court of first instance at the earliest possible opportunity
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
Cooking vessels, Beds and Wearing apparels
Books of Accounts
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?
Order 12, Rule 4
Order 24, Rule 1
Order 19, Rule 6
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?
Mayadevi Kukreja v. Meera Agarwal
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
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
Can only frame issues
May permit cross examination of either party by the other
To elucidate the matters in controversy in the suit, may examine either of the parties
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
Yes, there is a general rule that a woman cannot be arrested or detained in a civil prison in execution of a money decree
No, this general rule is not applicable where the woman is a graduate
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:
If the party feels that there is a possibility of delay in justice on the part of court
If the defendant lives or does business in the jurisdiction of that court where the application for execution of decree have to transfer
If the plaintiff has gone from the jurisdiction of the court which has passed the decree
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,
The Plaintiff shall be precluded from bringing a fresh suit in respect of the same cause of action
Plaintiff may apply for an order to set the dismissal aside
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?
Section 90
Section 88
Section 81
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
Under Order IX, Rule 1 of Code of Civil Procedure
Under Order IX, Rule 2 of Code of Civil Procedure
Under Order IX, Rule 3 of Code of Civil Procedure
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.
Date of filing of the suit
Date of first hearing fixed by the court
Date of service of summon on the defendant
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
Cannot take cognizance of suits specified in second schedule
Can take cognizance of all suits of Civil nature
Can entertain criminal complaints
Can decide matrimonial cases also
Answer: Option B
24.
Under section 100 of Code of Civil Procedure, second appeal lies to
The court of the District Judge
The High Court
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
On payment of the outstanding amount
On the ground of illness of self
On the ground of illness of a member of his family
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-
Shall be stayed
Nevertheless be proceeded with
May be continued with the leave of High Court
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?
Numerous parties
Same interest
Leave of the court
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?
Section 148
Section 151
Section 95
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
Suits by Government
Suits by Pauper
Suits by or against corporation
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?
Where the prisoner is related to Ruling Party
Where the prisoner is Ex-minister
Where the prisoner is Government Servant
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
Against a party to the suit
Against sureties
Both A and B
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.
X' can thereafter file a fresh suit for the arrears of rent for the period from 2000 to 2004
X' can amend the plaint to include the recovery of rent from 2000-2004
X's' claim for arrears of rent would be restricted for the period of 3 year prior to the institution of the sui
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
Under Section 151 of Code of Civil Procedure
Under Section 152 of Code of Civil Procedure
Under Section 153 of Code of Civil Procedure
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:
Order 19
Order 21
Order 41
Order 45
Answer: Option B
38.
In which of the following suits attachment before judgment can be ordered
Suit for possession of immovable property
Suit for partition of immovable property
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?
Section 145
Section 103
Section 152
Section 148
Answer: Option D
40.
Transfer of a decree for execution to another court has been dealt with
Under section 37 of Code of Civil Procedure
Under section 38 of Code of Civil Procedure
Under section 39 of Code of Civil Procedure
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
Section 151
Section 152
Section 153
Section 144
Answer: Option B
42.
A person can be made a party in the suit either as a plaintiff or a defendant
Under Order I, Rule 8A of Code of Civil Procedure
Under Order I, Rule 10 of Code of Civil Procedure
Under Order X, Rule 1 of Code of Civil Procedure
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?
Order VI Rule 14
Order VI Rule 15
Order VI Rule 16
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:
Salem Advocate Bar Association, Tamil Nadu v. Union of India
Delhi High Court Bar Association v. Union of India
Allahabad High Court Bar Association v. Union of India
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
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
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
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'?
Section 2(2)
Section 2(9)
Section 2(14)
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?
Section 11
Section 10
Section 12
Section 13
Answer: Option A
Which of the following deals with presidency Small Cause Courts in the Code of Civil Procedure?
Order 28, Rule 4
Order 51, Rule 1
Order 22, Rule 6
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
The defence of the defendant is liable to be struck off
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?
Section 13
Section 14
Section 19
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
Shall be precluded from bringing a fresh suit
May bring a fresh suit subject to the law of limitation
May not apply to set aside the dismissal order
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
The party shall appear as a witness after all other witnesses are examined
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:
The rules contained First Schedule
The rules under section 122 and section 125 of the Code of Civil Procedure
Both A and B
None of these
Answer: Option C
59.
The 'plaint' should be filed in 'duplicate', this rule was inserted by:
Code of Civil Procedure (Amendment) Act, 1976
Code of Civil Procedure (Amendment) Act, 1999
Code of Civil Procedure (Amendment) Act, 2002
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
Neither of the defendants therein can apply to be transposed as plaintiff
Any of the defendants thereto can apply to be transposed as a plaintiff as a matter of right
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
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
If the defendant has absconded or left the local limits of the jurisdiction of the court
If the defendant is about to abscond or leave the local limits of jurisdiction of the court
If the defendant removes the property outside the local limits of the jurisdiction of the court
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?
Order 23, Rule 1
Order 10, Rule 9
Order 19, Rule 6
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:
It finally settles the mutual rights of the parties and directs a party for all time to do or abstain from doing a thing
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:
Only to an error of jurisdiction
Its application only cases of the kind contemplated by cll. (a) and (b) of this section
Both A and B
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?
Xavier v. Bank of Canara
The Visaka case
Indian Gramophone Co. v. Birendra Bahadur Pandey
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-
An order to set aside or refusing to set aside a sale
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?
Section 18
Section 32
Section 22
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?
Order 13, Rule 1
Order 4, Rule 13
Order 6, Rule 10
Order 9, Rule 22
Answer: Option A
75.
Which of the following deals with conduct of suit in the Code of Civil Procedure?
Order 1, Rule 11
Order 12, Rule 2
Order 3, Rule 6
Order 14, Rule 8
Answer: Option A
76.
The doctrine of res judicata is based on maxims:
Nemo debt bis vexari pro una et eadem causa (Non man should be vexed twice for the same cause)
Interest republicae ut sit finis litium (It is in the interest of state that there should be an end to a litigation)
Res judicata pro veritate occipitur (a judicial decision must be accepted as correct)
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.
The legal representative of the deceased is entitled to continue the proceeding
The legal representative of the deceased is entitled to contend that the applicant is not a proper person to be appointed guardian
Both A and B
None of these
Answer: Option C
79.
Which of the following deals with the liability of ancestral property in the Code of Civil Procedure?
Section 46
Section 50
Section 53
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
On behalf of the plaintiff
On behalf of the defendant
On behalf of either plaintiff or defendant
On behalf of a third party
Answer: Option B
The commission to make local investigation can be issued for the purposes of
Collecting evidence on a fact
Elucidating any matter in dispute
Ascertaining the amount of mesne
profit
Ascertaining the market value of the property
Which of the above are correct?
1, 2 and 3
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
Under Order XXXV of Code of Civil Procedure
Under Order XXXVII of Code of Civil Procedure
Under Order XXXVIII of Code of Civil Procedure
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
By parties to the suit
By strangers/third parties generally
By the strangers to the suit with the leave of the court
All the above
Answer: Option A
85.
Temporary injunction may be granted:
To restrain any election
To restrain dispossession from property
To restrain any intended disciplinary action against public servant
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:
Plaint only
Plaint and written statement only
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
Order 7 Rule 11
Order 2 Rule 2 of Code of Civil Procedure
Order 7 Rule 13 of Code of Civil Procedure
Order 7 Rule 10 of Code of Civil Procedure
Answer: Option A
92.
Under which provisions of Civil Procedure Code temporary injunctions are granted?
Under Section 116
Under Section 152
Under Order 39 Rule 1
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:
Rs. three thousand
Rs. five thousand
Rs. twenty thousand
Rs. twenty five thousand
Answer: Option D
94.
Under which Order of Civil Procedure Code Provision relating to
"Appointment of Receivers" has been provided?
Order XL, Rule 1
Order XXI, Rule 1
Order XI, Rule 1
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
The Court shall reject the application for execution
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:
To dower debt due by the petitioner's husband
To property over which petitioner has actual control
To sufficient property and excludes sole means livelihoods
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
Section 16 of Code of Civil Procedure
Section 17 of Code of Civil Procedure
Section 18 of Code of Civil Procedure
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?
Previous suit was finally heard and decided by the Court of Competent Jurisdiction
Previous suit must be pending before a Court
Parties in previous and the subsequent suits must be the same
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
By the plaintiff
By the defendant
By the party applying for the summons
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
It does not matter that A claims by right of inheritance and C under an assignment from A
Both A and B
None of these
Answer: Option C
4. A suit relating to partnership may be instituted at a place
Where the partnership was constituted
Where the partnership business was carried on
Where partnership accounts are maintained
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?
Section 83
Section 88
Section 92
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?
Section 2(5) Foreign Court
Section 2(6) Foreign judgement
Section 2(11) Legal representative
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.
The decree against Amust be set aside
The decree against B must be set aside
Both A and B
None of these
Answer: Option B
14.
Commission to make local investigation can be issued
Under Order XXVI, Rule 1, Code of Civil Procedure
Under Order XXVI, Rule 6, Code of Civil Procedure
Under Order XXVI, Rule 9, Code of Civil Procedure
Under Order XXVI, Rule 10, Code of Civil Procedure
Answer: Option C
15.
Injunction to restrain repetition or continuance of breach is provided
Under Order XXXIX, Rule 1 of Code of Civil Procedure
Under Order XXXIX, Rule 2 of Code of Civil Procedure
Under Order XXXIX, Rule 3 of Code of Civil Procedure
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?
An ascertainable or readily calculable amount
An absolute unqualified and present liability in regard to that amount with the obligation to pay forthwith or in future within time
That the obligation must have accrued and must be subsisting and should not be that which are accruing
All of these
Answer: Option D
19.
Petitions to the Supreme Court under Article 32 are subject to the rule of Res judicata except
Quo Warranto
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
Res judicata only applies to the suit
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
Award of tribunal in land acquisition case
An order of abatement
Order modifying a scheme under Section 92
Answer: Option B
24.
The words 'just and convenient' in O. 40, r 1 means:
That the court is to appoint a receiver simply because the court thinks it convenient
That the court should appoint a receiver for the protection of rights
That the court should appoint a receiver for the prevention of injury according to legal principles
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
Before the trial court
Before the first appellate court
Before the second appellate court
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?
Order 8, Rule 1
Order 2, Rule 2
Order 3, Rule 1
Order 4, Rule 8
Answer: Option C
30.
Which of the following deals with objections as to misjoinder in the Code of Civil Procedure?
Order 1, Rule 1
Order 2, Rule 7
Order 3, Rule 3
Order 4, Rule 8
Answer: Option B
By Order XLIX, Rule 2
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
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"
Order XIII Rule 1
Order XIV Rule 1
Order XIV Rule 2
Order XIV Rule 5
Answer: Option B
34.
Match List-I with List-II and select the correct answer:
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?
Section 43
Section 33
Section 39
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?
Where plaintiff fails to comply with Rule 9
Where suit is barred by law
Where plaint is not in duplicate
All of the above
Answer: Option D
38.
Which provision of the Code of Civil Procedure deals with right to lodge a caveat?
Section 148 of the Civil Procedure Code
Section 148A of the Civil Procedure Code
Section 147 of the Civil Procedure Code
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:
Returned by the Court
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.
No, notice must be issued to the third person otherwise decree would not be binding on him
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-
Res subjudice
Res judicata
Mens profits
None of the above
Answer: Option A
An executing court can go behind the decree where
The decree has been passed without jurisdiction - pecuniary, territorial or subject matter
The decree is a nullity having been passed against a dead person without bringing his legal representatives on the record
Where the decree is ambiguous
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 . . . . . . . .
The application was filed
The injunction was granted
The injunction order was served upon opposite party
Opposite party appears in court
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?
Order 12, Rule 1
Order 28, Rule 1
Order 19, Rule 6
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
Section 3 of Code of Civil Procedure
Section 4 of Code of Civil Procedure
Section 5 of Code of Civil Procedure
Section 6 of Code of Civil Procedure
Answer: Option D
59.
Who does decide the jurisdiction of a civil court?
Pleading of the plaintiff
Pleading of the defendant
Court itself
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?
Section 18
Section 20
Section 22
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
Under Order IX, Rule 3 of Code of Civil Procedure
Under Order IX, Rule 8 of Code of Civil Procedure
Both B and C
Answer: Option D
65.
Attachment before judgment, in a suit dismissed in default
Revives automatically on the restoration of the suit
Does not revive automatically on the restoration of the suit
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?
Where subject matter or property is situated
Where defendant actually and voluntarily resides
Where defendant carries on business
Where defendant works for gain
Answer: Option A
67.
Which of the following court may issue precept?
Only High Court
The court in whose jurisdiction the property is situated
The court passing the decree
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:
Compensatory costs
Costs for causing delay
General costs D.Miscellaneous costs
Answer: Option B
74.
Provision for setting aside ex-parte decree is
Order 9 Rule 7
Order 9 Rule 9
Order 9 Rule 13
Order 9 Rule 8
Answer: Option C
75.
Pleading has been defined in A.Order VI, Rule 1 of the Code of Civil Procedure
Order VI, Rule 2 of the Code of Civil Procedure
Order VIII, Rule 1 of the Code of Civil Procedure
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
@ 12% per annum
@ 9% per annum
@ 6% per annum
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?
Section 17
Section 12
Section 13
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?
Is under no liability at all
Is liable only to the extent of the property received by him from deceased judgment debtor
Has absolute liability co-extensive with that of judgment debtor, no matter that he receives no property from the deceased
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:
To property over which the petitioner has actual control
To dower debt due by the petitioner's husband
To sufficient property and excludes sole means of livelihood
None of these
Answer: Option A
84.
Match List-I with List-II and select the correct answer:
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
The executing court must take the decree at it stands
The executing court cannot go into the question whether the decree has been obtained by fraud
The executing court cannot question the legality, correctness or validity of the decree
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:
Re-examine a witness
Decide objections raised during the recording of evidence
Neither of the above
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?
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
Where the suit appears from the statement in the plaint to be barred by any law
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
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?
Order 5, Rule 30
Order 4, Rule 13
Order 6, Rule 10
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?
Former Indian Ruler
Chairman of the State Legislative Councils
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
The courier services
The plaintiff
The process officer D.Either A or B or C
Answer: Option B
94.
Provisions relating to inter-pleader suit are contained in:
Order XXXIV of Code of Civil Procedure
Section 88 of Code of Civil Procedure
Order XXXV of Code of Civil Procedure
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
Along with the plaint
At the time of giving of evidence
At the time of framing of issues
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
Shall not abate
Shall abate
Shall abate if the right to sue not survive
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
Under Order IX, Rule 7 of Code of Civil Procedure
Under Order IX, Rule 9 of Code of Civil Procedure
Under Order IX, Rule 11 of Code of Civil Procedure
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:
On retirement of the next friend of a minor
On attaining the majority by the minor
On removal of the next friend of a minor
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
Former suit must be pending before a competent court
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?
To examine witnesses
For local investigations
For scientific investigation
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
The shares of decree-holders are defined
Those shares can be predicted
The share is not in dispute
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-
For elucidating any matter in dispute
For ascertaining the market value of any property
For assessing the amount of any mesne profits or damages
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:
Appeal against consent decree
Appeal in petty cases
Appeal against final decree
Appeal against findings
Answer: Option B
14.
Which of the following deals with appeals to Federal Court in the Code of Civil Procedure?
Section 116
Section 111A
Section 108
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
Issuance of warrant of arrest against the defendant
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
Absence an order can be made but whose presence is necessary for the complete decision of the case
Only B is correct
None of above
Answer: Option A
18.
Time for instituting a suit can be enlarged by invoking which of the following provisions?
Section 151 Code of Civil Procedure
Section 5 of the Limitation Act, 1963
Section 148 Code of Civil Procedure
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
The court
The receiver or a party to the suit
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?
2nd December, 2017
5th January, 2018
Mean between the dates
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'?
Only at Delhi
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?
Order 5, Rule 30
Order 9, Rule 12
Order 6, Rule 10
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:
Order 31
Order 32
Order 33
Order 34
Answer: Option B
27.
Under the Code of Civil Procedure, 1908 an ex parte decree can be set aside under
Order 9 Rule 5
Order 9 Rule 12
Order 9 Rule 10
Order 9 Rule 13
Answer: Option D
28.
For an application under Order VII, Rule 11
The averments in the plaint are germane and the plea taken by the defendant in the written statement are wholly irrelevant
The averments in the plaint are germane and the pleas taken by the defendant in the written statement are also to be considered
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?
Order 50
Order 35
Order 55
Order 40
Answer: Option B
30.
'Res sub Judice' means
Stay of Appeal
Stay of Suit
Stay of Application
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
Under Section 17 of Code of Civil Procedure
Under Section 18 of Code of Civil Procedure
Under Section 19 of Code of Civil Procedure
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
No territorial jurisdiction
No pecuniary jurisdiction
No subject-matter jurisdiction
Any of the above
Answer: Option D
37.
Which of the following deals with the order for inspection in the Code of Civil Procedure?
Order 11, Rule 18
Order 4, Rule 13
Order 6, Rule 10
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
Bring a fresh suit for the same cause of action
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'?
Kailash v. Nanhku
Laxmidas Dayabhai v. Nanabhai Chunilal
Rajendra Tiwary v. Basudeo Prasad
None of the above
Answer: Option B
40.
Preliminary decree is one
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
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
Both A and B
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
Is subject to review
Is permissible
Is not permissible
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?
Order 12, Rule 5
Order 17, Rule 13
Order 6, Rule 10
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?
Section 88
Section 89
Section 87
Section 86A
Answer: Option B
47.
A 'next friend' or guardian, of a minor, in a suit
Stands discharged automatically on attaining majority
Can be discharged if the minor on attaining majority elects to continue with the suit applies for the discharge
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
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-
Resident within the local limit of its jurisdiction
Resident beyond the local limits of its jurisdiction
Who is about to leave the local limits of its jurisdiction
Both A and B
Answer: Option A
50.
Inherent powers may be used by the Court for
The end of justice
To prevent abuse of the process of the court
Both A and B above
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:
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.
No second appeal shall lie in money suits where the value of the subject matter does not exceed Rs. 25,000.
A plaintiff cannot be allowed by the court to sue afterwards for any relief omitted by him in the suit.
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.
Plaintiffs B.Defendants C.Intervenors D.Respondents
Answer: Option B
54.
A plaint can be rejected: A.When the plaint is insufficiently stamped
Where the suit is barred by law
Where the plaint does not disclose cause of action
All of the above
Answer: Option D
55.
Which of the following must be stated in the pleadings:
Facta probantia
Facta Probanda
Both A and B
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
One year from the date when the debt becomes due to payable
Two years from the date when the debt becomes due and payable
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:
To try all suits of a civil nature
To avoid sutts of which their cognizance is expressly barred
To avoid suits of which their cognizance is impliedly barred
All of these
Answer: Option D
59.
The propositions are: Under Order XVIII, Rule 2 of Code of Civil Procedure, 1908:
A copy of the written arguments shall be furnished simultaneously to the opposite party
Adjournment shall be granted generally for the purpose of filing the written arguments
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
From the date of the suit till the date of decree
From the date of the decree till realisation
Both A and B
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:
Barred by principles of Res judicata
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'?
Section 110
Order VI, Rule 13
Section 115
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:
If it is unnecessary, scandalous, trivolous or vexatious
If it tends to prejudice, embarrass or delay the fair trial of suit
If it is an abuse of the process of the court
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?
Order 22, Rule 4A
Order 10, Rule 9
Order 19, Rule 6B
Order 17, Rule 10C
Answer: Option A
66.
Precepts are issued under section 46 of Code of Civil Procedure for;
Serving summons on persons residing beyond local jurisdiction
Serving a warrant on the judgment- debtor
Attaching the property of the judgment- debtor
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
Section 7 of the Code of Civil Procedure
Section 8 of the Code of Civil Procedure
Section 9 of the Code of Civil Procedure
Section 6 of the Code of Civil Procedure
Answer: Option C
69.
The Court is required to appoint a guardian ad litem
For a minor plaintiff only
For a minor defendant only
For plaintiff and defendant both
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
An appeal
Application under section 151 Code of Civil Procedure
Application under Order 9 Rule 9 Code of Civil Procedure
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:
Interest accrued to the institution of the suit on the principal sum adjudged (as distinguished from the principal sum claimed)
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'
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
All of these
Answer: Option D
74.
What new does Explanation VII adds to section 11 of Code of Civil Procedure?
It applies in express terms the provisions of this section to execution proceedings
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?
Order 19, Rule 5
Order 4, Rule 13
Order 13, Rule 7
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.
The plain tiffs could not all be joined in one suit
There cannot in such cases be said to be one or the same cause of action
Both A and B
None of these
Answer: Option C
77.
Which one of the following is not a decree under Civil Procedure Code, 1908?
Rejection of a plaint for non-payment of court fee
Any order of dismissal for default
Both A and B
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
Under Section 32
Under Section 34
Under Section 35A
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
Order 7, Rule 14
Order 9, Rule 12
Order 6, Rule 10
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?
Power to make partition of property
Power to impose penalties
Power to call for and examine documents
Power to examine accounts
Answer: Option C
83.
Civil court's jurisdiction would not be barred in which of the following cases?
Where the order under r 18 of the settlement rules is patently illegal or without jurisdiction
Where the remedy provided by the regulation to adjudge the objection raised, is not sufficient
Where complicated question relating to the title are involved
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?
Order 13 Code of Civil Procedure
Order 5 Code of Civil Procedure
Order 17 Code of Civil Procedure
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:
Decree only
Order only
Decree and order
None of the above
Answer: Option C
88.
If due to default of appearance of the plaintiff a suit has been dismissed then:
The plaintiff cannot file a new suit for the same claim
The plaintiff can file a new suit for the same claim
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
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
None of these
Answer: Option C
90.
Rules as to issue and service of summons in Code of Civil Procedure are laid down in:
Order 5
Order 7
Order 8
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
Inherent jurisdiction
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
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
The transferee court under section 39 need not have pecuniary jurisdiction to deal with the suit in which the decree was passed
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
Both B and C
Answer: Option D
96.
Reference' under the Code of Civil Procedure may be made to:
The Supreme Court
The High Court
The District Judge
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?
Section 157
Section 169
Section 148
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?
Order 5, Rule 30
Order 4, Rule 13
Order 6, Rule 10
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:
If it does not disclose a cause of action
Where suit appears to be barred by any law
Where it is not filed in duplicate
All the above
Answer: Option D
4. Which of the following is correct:
Section 113 Review, Section 114 Revision, Section 115 Reference of the Code of Civil Procedure
Section 113 Reference, Section 114 Review, Section 115 Revision of the Code of Civil Procedure
Section 113 Reference, Section 114 Revision, Section 115 Review of the Code of Civil Procedure
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?
Governor of the State
Chief Minister of the State
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
Acts as a stay on the proceedings
Acts as a res-judicata on the issues
Acts as an injunction for immediate relief
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
The suit automatically abates on the expiry of the statutory period for moving the application without any formal order of the court
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
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
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
On dismissal of the suit
On furnishing of security required by the defendant
On A and B both
Only A and not B
Answer: Option C
9. Which of the following statements is/are correct?
The expression "decree" includes a final order.
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
Section 148 of the Code of Civil Procedure, 1908
Section 148A of the Code of Civil Procedure, 1908
Section 148B of the Code of Civil Procedure, 1908
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?
Section 2
Section 6
Section 3
Section 4
Answer: Option C
13.
Section 21 of Code of Civil Procedure cures
Want of subject-matter jurisdiction
Want of pecuniary jurisdiction
Want of territorial jurisdiction
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
Order 6 Rule 17
Order 5 Rule 15
Order 6 Rule 16
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?
From the defendant
By the State Government
Not recoverable
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?
Order 16, Rule 12
Order 4, Rule 13
Order 6, Rule 10
Order 11, Rule 17
Answer: Option D
18.
A suit under Civil Procedure Code can be filed representative capacity:
Under Order 1, Rule 8
Under Order 1, Rule 8A
Under Order 1, Rule 9
Under Order 1, Rule 10
Answer: Option A
19.
In which of the following suits, a receiver can be appointed
Suit for dissolution of partnership
Suit for partition of joint family property
Suit for foreclosure or sale of a mortgaged property
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:
Order XI Rule 12
Order VI Rule 17
Order VI Rule 16
Order V Rule 15
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