GK questions and answers on the code of civil procedure especially compiled for students!
1. Which of the following deals with exemption of certain women from personal appearance in the Code of Civil Procedure?
A. Section 140
B. Section 103
C. Section 132
D. Section 100
Ans. C
2. Which of the following deals with reference to Code of Civil Procedure and other repealed enactments in the Code of Civil Procedure?
A. Section 145
B. Section 158
C. Section 148
D. Section 15
Ans. B
3. Which of the following deals with fixing day for appearance of defendant in the Code of Civil Procedure?
A. Order 5, Rule 6
B. Order 2, Rule 2
C. Order 6, Rule 10
D. Order 4, Rule 8
Ans. A
4. Relief to be specifically stated under which of the following in the Code of Civil Procedure?
A. Order 5, Rule 30
B. Order 9, Rule 12
D. Order 10, Rule 22
Ans. C
5. Plaintiff may bring fresh suit or Court may restore suit to file under which of the following in the Code of Civil Procedure?
A. Order 5, Rule 30
B. Order 9, Rule 4
C. Order 6, Rule 10
D. Order 10, Rule 22
Ans. B
6. Which of the deals with using answers to interrogatories at trial in the Code of Civil Procedure?
A. Order 11, Rule 22
B. Order 4, Rule 13
C. Order 6, Rule 10
D. Order 13, Rule 22
Ans. A
7. Which of the following deals with power to pronounce judgment written by Judge’s predecessor in the Code of Civil Procedure?
A. Order 12, Rule 5
B. Order 14, Rule 20
C. Order 20, Rule 2
D. Order 11, Rule 7
Ans. C
8. Court may pass decree contingent upon decision of High Court under which of the following in the Code of Civil Procedure?
A. Order 25, Rule 5
B. Order 46, Rule 2
C. Order 22, Rule 18
D. Order 16, Rule 10
Ans. B
9. In which of the following Explanation V of section 11 of the Code of Civil Procedure does not apply?
A. If the relief claimed is substantial relief
B. If the relief claimed is obligatory on the court to grant
C. Both (A) and (B)
D. None of these
Ans. C
10. The Amendment Act, 1976 for s. 82 of the Code of Civil Procedure does away with the cumbersomeness and time-consuming procedure by eliminating:
A. The requirement of time to be specified for execution
B. 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
C. Suspension of execution for a further period of three months after the date of the report
D. All of these
Ans. D
11. Which of the following list of rules bar a fresh suit in respect of the same cause of action under s. 12 of the Code of Civil Procedure?
I. O. 2, r 2
II. O. 9, r 9
III. O. 22, r 9
IV. O. 23, r 1
A. I, II
B. Ill, IV
C. II, IV
D. All of these
Ans. D
12. The occasion for amendments arises in which of the following ways?
I. Section 152 (amendment of clerical and arithmetical mistakes in judgment decrees and orders)
II. 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)
III. Order 1, r 10, sub-r (2) (striking out or adding parties)
IV. Order 6, r 16 (amending your opponent’s pleading: compulsory amendment)
V. Order 6, r 17 (amending your pleading: voluntary amendment)
A. I, II, IV
B. Ill, IV
C. II, V
D. All of these
Ans. D
13. 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?
A. The plaintiff has a prima facie case to go for trial
B. The protection is necessary from that species of injuries known as irreparable before his legal rights can be established
C. That the mischief of inconvenience likely to arise from withholding injunction will be greater than what is likely to arise from granting it
D. All of these
Ans. D
14. First hearing means:
A. The hearing of a suit for settlement of issues
B. The hearing of any adjournment thereof
C. Both (A) and (B)
D. None of these
Ans. C
15. 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 1-7-2002. 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?
A. UCO Bank v. Roopa Ram
B. Raga Ram v. Smt. Kokali
C. Kamla Devi v. Khushal Kanwar
D. None of these
Ans. C
16. 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 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.
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
B. 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
C. Either (A) or (B)
D. None of these
Ans. A
17. 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.
A. The suit is barred
B. The suit is not barred
C. The suit may or may not be barred.
D. None of these
Ans. B
18. The omission of a portion of a claim in a suit against one of several promisors is no bar to a subsequent suit against another promisor in respect of the portion so omitted. A lets a house to B and C at a yearly rent of Rs 1,200. The rent for the whole of the years 1905, 1906 and 1907 is due and unpaid. A sues B in 1908 for the rent due for 1907.
A. A cannot afterwards sue B for the rent due for 1905 or 1906
B. A can afterwards sue C for the rent due for 1905 or 1906
C. Both (A) and (B)
D. None of these
Ans. C
19. A lets his land to B for a period of five years, on condition that if B fails to pay the rent every year, the lease shall be void, B fails to pay the rent due for the second year. Here A is entitled to sue B for:
A. recovery of the rent;
B. possession of the land on ground that the lease has become void
C. both (A) and (B)
D. None of these
Ans. C
20. A sues, B, C and D the holder of a holding for rent and an ex parte decree is passed against them. B alone applies to set aside the decree.
A. The decree may be set aside as against B
B. The decree should not be set aside as against C and D
C. A decree for rent can be passed against some holders of a holding without impleading the other holders
D. All of these
Ans. C
21. A mortgagee who brings to sale and purchases the share of a party during the pendency of a suit for partition.
A. may be made a party under O. 22, r 10
B. may not be made a party under O. 22, r 10
C. either (A) or (B)
D. None of these
Ans. A
22. Which of the following deals with suits for immovable property situate within jurisdiction of different Courts in the Code of Civil Procedure?
A. Section 17
B. Section 12
C. Section 13
D. Section 14
Ans. A
23. 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?
A. Section 44
B. Section 36
C. Section 40
D. Section 52
Ans. A
24. Which of the following deals with letter of request in the Code of Civil Procedure?
A. Section 63
B. Section 72
C. Section 77
D. Section 78
Ans. C
25. Which of the following with the power of High Court to determine issues of fact in the Code of Civil Procedure?
A. Section 111
B. Section 105
C. Section 108
D. Section 103
Ans. D
26. Which of the following deals with exemption of other persons in the Code of Civil Procedure?
A. Section 139
B. Section 137
C. Section 133
D. Section 140
Ans. C
27. Which of the following deals with power of Court to order separate trials in the Code of Civil Procedure?
A. Order 4, Rule 1
B. Order 1, Rule 2
C. Order 3, Rule 3
D. Order 2, Rule 8
Ans. B
28. Which of the following deals with summons to order defendant to produce documents relied on by him in the Code of Civil Procedure?
A. Order 7, Rule 3
B. Order 5, Rule 7
C. Order 6, Rule 10
D. Order 4, Rule 8
Ans. B
29. Which of the following deals with return of plaint in the Code of Civil Procedure?
A. Order 5, Rule 30
B. Order 7, Rule 10
C. Order 3, Rule 6
D. Order 10, Rule 22
Ans. B
30. 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?
A. Order 5, Rule 30
B. Order 4, Rule 13
C. Order 9, Rule 5
D. Order 10, Rule 22
Ans. C
31. Which of the following deals with order to apply to minors in the Code of Civil Procedure?
A. Order 16, Rule 10
B. Order 11, Rule 23
C. Order 6, Rule 10
D. Order 13, Rule 22
Ans. B
32. Which of the following deals with the modes of paying money under decree in the Code of Civil Procedure?
A. Order 12, Rule 5
B. Order 21, Rule 1
C. Order 19, Rule 21
D. Order 11, Rule 7
Ans. B
33. Which of the following deals with application for review of judgment in the Code of Civil Procedure?
A. Order 25, Rule 5
B. Order 47, Rule 1
C. Order 22, Rule 18
D. Order 16, Rule 10
Ans. B
34. What new does Explanation VII adds to section 11 of Code of Civil Procedure?
A. It applies in express terms the provisions of this section to execution proceedings
B. 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
Ans. C
35. Reading the amended s. 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?
I. Existence of elements of settlement in the opinion of the Court
II. The parties must share the opinion of the court
III. Formulation of the terms of settlement by the court
IV. The court should invite the observation of the parties on the terms of settlement
V. Observations of the parties must be received by the court
VI. If need be, reformulate the terms of settlement and refer the same for Alternate Dispute Redressal contemplated un s. 89 of the Code of Civil Procedure
A. II, III
B. I, IV
C. I, V, VI
D. All of these
Ans. D
36. The amplitude of the expression ‘carries on business’ cannot however be restricted merely because it is used in conjunction with the words ‘personally works for gain.’ The expression is much wider than what the expression in normal parlance connotes, because of the ambit of a civil action within the meaning of s. 9 of the Code, but which of the following necessary conditions should concur?
A. The agent must be a special agent who attends exclusively to the business of the principal and carries it on in the name of the principal and not a general agent who does business for anyone that pays him
B. The person acting as agent must be an agent in the strict sense of the term. The manager of a joint Hindu family is an ‘agent’ within the meaning of this condition
C. To constitute ‘carrying on business’ at a certain place, the essential part of the business must take place in that place
D. None of these
Ans. D
37. Verification of an affidavit is required by the law:
A. To satisfy the court about the authenticity of the allegations made in the affidavit
B. To make the deponent accept responsibility for the same
C. Both (A) and (B)
D. None of these
Ans. C
38. On the basis of the different judgments, it is settled that which of the following principles should be kept in mind in dealing with the applications for amendment for the pleading?
I. All amendments should be allowed which is necessary for determination of the real controversies in the suit
II. The proposed amendment should not alter and be a substitute of the cause of action on the basis of which the original list was raised
III. Inconsistent and contradictory allegations in negation to the admitted position of facts or mutually destructive allegations of facts would not be allowed to be incorporated by means of amendments
IV. Proposed amendments should not cause prejudice to the other side which cannot be compensated by means of costs
V. Amendment of a claim or relief barred by time should not be allowed
VI. No amendment should be allowed which amounts to or results in defeating a legal right to the opposite party on account of lapse of time
VII. No party should suffer on account of the technicalities of the law and the amendment should be allowed to minimise the litigation between the parties
VIII. The delay in filling the petitions for amendment of the pleadings should be properly compensated by costs
IX. Error or mistake, which is not fraudulent, should not be made to the ground for rejecting the application for amendments of pleadings
A. I, II, IV, VII
B. III, IV, V, VIII
C. II, V, VII, IX
D. All of these
Ans. D
39. The word ‘restitution’ used in s. 144 of the Code of Civil Procedure means:
A. 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
B. 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
C. Both (A) and (B)
D. None of these
Ans. C
40. 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 & Co.
C. Dinesh Kumar v. State of Haryana
D. None of these
Ans. C
41. Interlocutory orders under s. 115 of the Code of Civil Procedure fall under of the following heads?
A. Those from which an appeal lies under s. 104(1)
B. Those from which no appeal lies
C. Both (A) and (B)
D. None of these
Ans: C
42. Which of the following instances are suits to enforce private rights?
I. A suit by a person claiming to be a co-trustee of a certain tiara and entitled as such to a share with the defendant trustee in the management and profits thereof
II. A suit by the trustees of a fire temple for the vindication of the right of management which was vested in and actually being exercised by them at the date of the obstruction by the defendants
III. A suit between two individuals, each claiming certain rights as Mutawali over wakf property
IV. A suit between two persons as to which of them is the lawful trustee of a charity
V. A suit by an idol as a juristic person against persons who interferes unlawfully with the property of the idol or the income thereof
VI. A suit of declaration that the plaintiff is entitled to appoint Mutawallis
A. I, II, IV
B. Ill, V, VI
C. II, V, VI
D. All of these
Ans: D
43. In determining the number of witnesses, the court should take into account which of the following guidelines?
I. Nature of litigation
II. Number of the issues required to be proved
III. Nature of the issues
IV. The fact as to on whom the onus has been laid
V. The specified purpose for which a particular witness is required to be produced
A. I, II, IV
B. Ill, IV
C. II, V
D. All of these
Ans: D
44. Judgment-debtor means:
A. Any person against whom a decree has been passed
B. An order capable of execution has been made
C. Either (A) or (B)
D. None of these
Ans: C
45. The words ‘any director’ in O. 29, r 3 means:
A. Only the director who has signed and verified the pleading or on whom the summons has been served
B. 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
Ans: B
46. A sues B for rent in kind for betel trees for the year 1897- 98 alleging that B was liable to pay. B applied for time to file a written statement which was refused. The only issue raised was as to amount of produce and the suit was decreed. Next year, A again sued B for rent in kind for 1898-99 and B pleaded that he was not liable to pay any rent.
A. Here, the question B’s liability for all years was alleged in the previous suit and was not therefore, directly and substantially in issue and that suit cannot barred by res judicata
B. Here, the question B’s liability for all years was not alleged in the previous suit and was therefore, directly and substantially in issue and that suit is barred by res judicata
C. Here, the question B’s liability for all years was not alleged in the previous suit and was not therefore, directly and substantially in issue and that suit is not barred by res judicata
D. None of these
Ans: C
47. In execution of a decree obtained by A against B, the properties of the latter were attached. B then sold them to C. The properties were then sold in execution and purchased by D.
A. The title of C can prevail against that of D even though he had acquired the interest of the decree-holder prior to sale
B. The title of C cannot prevail against that of D even though he had acquired the interest of the decree- holder prior to sale
C. Either (A) or (B)
D. None of these
Ans: B
48. Thirteen firemen, who were engaged on board a steamer, were all arrested under one warrant on a charge of desertion, and they were all tried together and sentenced to one month’s imprisonment. The term of imprisonment expired on 5th May, but they were not released on that date. Thereupon, all the thirteen brought a suit against the superintendent of the jail for damages for wrongful detention.
A. The causes of action were distinct and separate and could not be joined in one suit
B. The causes of action could be joined in one suit on the ground of unlawful detention
C. Either (A) or (B)
D. None of these
Ans: A
49. A filed a suit for a declaration that, he was the adopted son of the last owner, and alleged in the plaint that he was in possession of the properties and the court held that his adoption was established, but that he was not in possession, and therefore, dismissed the suit as barred under s. 42 of the Specific Relief Act 1877 (Now replaced by the Specific Relief Act).
A. The second suit for possession would be barred under r 2
B. The second suit for possession was not barred under r 2
C. Either (A) or (B)
D. None of these
Ans: B
50. A sues B and C for Rs. 1,000.
A. B cannot set-off a debt due to him alone by C
B. B cannot set-off a debt due to him alone by A
C. Either (A) or (B)
D. None of these
Ans: B
51. A sues B for damages for malicious arrest. Pending the suit, B dies.
A. The suit abates
B. The suit does not abate c,
C. Either (A) or (B)
D. None of these
Ans: A
52. A mortgages two properties X and Y to B. Subsequently by reason of the wrongful act of A, B is deprived of part of his security, namely property, Y. B thereupon sues A under s 68 of the Transfer of Property Act, and obtains a personal decree for the mortgage debt against A. In execution of the decree B applies for sale of property X. At this date B’s remedy on the mortgage had become barred by limitation.
A. The mortgage not being a subsisting mortgage (and A not having to redeem it), B, is not entitled to have property X sold in execution without bringing a regular suit for sale on the mortgage
B. The mortgage not being a subsisting mortgage (and A not having to redeem it), B, is entitled to have property X sold in execution without bringing a regular suit for sale on the mortgage
C. B. The mortgage not being a subsisting mortgage (and A not having to redeem it), B, is entitled to have property X sold in execution by bringing a regular suit for sale on the mortgage
D. None of these
Ans: B
53. Which of the following deals with service of foreign summonses in the Code of Civil Procedure?
A. Section 18
B. Section 20
C. Section 29
D. Section 25
Ans: C
54. Which of the following deals with Prohibition of arrest or detention of women in execution of decree for money in the Code of Civil Procedure?
A. Section 43
B. Section 56
C. Section 59
D. Section 54
Ans: B
55. Which of the following deals with where interpleader suit may be reinstituted in the Code of Civil Procedure?
A. Section 90
B. Section 88
C. Section 92
D. Section 82
Ans: B
56. Which of the following deals with part to apply only to certain High Courts in the Code of Civil Procedure?
A. Section 111
B. Section 103
C. Section 116
D. Section 100
Ans: C
57. Which of the following deals with enforcement of liability of surety in the Code of Civil Procedure?
A. Section 145
B. Section 103
C. Section 148
D. Section 153
Ans: A
58. Suit to include the whole claim under which of the following in the Code of Civil Procedure?
B. Order 7, Rule 9
C. Order 3, Rule 3
D. Order 4, Rule 8
Ans: A
59. Which of the following deals with summonses to be sent to officer of foreign countries in the Code of Civil Procedure?
A. Order 5, Rule 26A
B. Order 9, Rule 12
C. Order 6, Rule 10
D. Order 10, Rule 8
Ans: A
60. Particulars of set-off to be given in written statements under which of the following in the Code of Civil Procedure?
A. Order 5, Rule 30
B. Order 8, Rule 6
C. Order 6, Rule 10
D. Order 10, Rule 22
Ans: B
61. 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?
A. Order 5, Rule 30
B. Order 4, Rule 13
C. Order 6, Rule 10
D. Order 10, Rule 1C
Ans: D
62. Court may order any document to be impounded under which of the following in the Code of Civil Procedure?
A. Order 17, Rule 5
B. Order 4, Rule 13
C. Order 6, Rule 10
D. Order 13, Rule 8
Ans: D
63. Which of the following deals with proceedings to be held in camera in the Code of Civil Procedure?
A. Order 12, Rule 1
B. Order 10, Rule 9
C. Order 32A, Rule 2
D. Order 17, Rule 10
Ans: C
64. Section 9 of the Code of the Civil Procedure provides that a civil court shall have jurisdiction:
A. To try all suits of a civil nature
B. To avoid suits of which their cognizance is expressly barred
C. To avoid suits of which their cognizance is impliedly barred
D. All of these
Ans: D
65. In the case of Sir Srinivas Co. v. Firm VDHA Sethi an Andhra Pradesh case lays down which of the following propositions as regards interest for the post decretal period?
I. Where loan is a commercial transaction, even if there is no contract for payment of interest, interest can be allowed for the post-decretal period
II. In such a transaction, the proviso to s. 34 enables the court to award interest at the rate currently allowed by nationalised banks on deposits
III. But the claimant must adduce acceptable evidence as to the current rate so allowable by banks
IV. In the absence of such evidence, the court can allow reasonable rate of interest
V. In the particular case, award (by the trial court) of interest at the rate of 12 percent per annum for the post- decretal period was held not to be wrong or incorrect
A. I, III
B. II, IV
C. IV, V
D. All of these
Ans: D
66. Which of the following are instances of exceptional cases which have been held to justify revision, although a remedy by suit was available?
I. An order refusing to inquire into an objection to an attachment when the applicant was under the impression that the attachment had ceased and that it was not necessary to file a suit under O. 21, r 63
II. An order dispossessing a judgment-debtor under O, 21, r 98, although the decree-holder purchaser had agreed to allow him to remain in possession
III. A decree under s. 9 of the Specific Relief Act, 1877, when the court had no jurisdiction at all, the summary suit being barred by the provisions of the Tenancy Act
IV. When the court actually refused jurisdiction to entertain an application for a review based on an allegation of fraud
V. If the facts and circumstances show that trail court has disposed of the case on an obvious misapprehension as to legal position
A. II, III
B. I, IV
C. I,V
D. All of these
Ans: D
67. Which of the following are instances of suits for a declaration and for possession of trust properly against third persons, that is, strangers to the trust?
I. A suit for the declaration that property belongs to wakf can be maintained by Mahommedan interested in the wakf without the sanction of the Advocate- General
II. A suit by the disciples of a mutt for a declaration that the defendant was not the duly appointed successor to the late head of the mutt, and that he was in possession under a false claim of title, and for evicting the defendant from the mutt properties
III. A suit for a declaration that a certain piece of land of which it was alleged that the defendants had taken wrongful possession was a public graveyard and for the eviction of the defendants from the land
IV. A suit to set aside an alienation of trust property alleged to have been wrongfully made by the trustees and for the recovery of property from the alienee
V. A suit by the trustees of a temple against the manager and treasurer of the temple for accounts and for a decree for what may be found due on taking such accounts
VI. A suit by the newly appointed trustees of an imambara for possession of the imambara against a former trustee who has been dismissed
A. I, II, IV
B. Ill, V, VI
C. II, V, VI
D. All of these
Ans: D
68. In a Kerala case, Vincent v. Aisumma, which of the following propositions were laid down regarding mandatory injunctions:
A. Under O. 39, r 1 a mandatory injunction can be applied for
B. An application can be made even by a defendant under O. 39, r 1 (a)
C. If such an application is dismissed, the order of dismissal is appealable under O. 43, r l(r)
D. All of these
Ans: D
69. Legal representative means:
A. A person who in law represents the estate of a deceased person
B. Any person who intermeddles with the estate of the deceased and where a party sues or is sued in a representative character the person on whom the estate devolves on the death of the party so suing or sued
C. Both (A) and (B)
D. None of these
Ans: C
70. The words ‘is not possessed of sufficient means’ in O. 33, r 1 refer:
A. To property over which the petitioner has actual control
B. To dower debt due by the petitioner’s husband
C. To sufficient property and excludes sole means of livelihood
D. None of these
Ans: A
71. Under Order XX, Rule 6A of CPC, 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 days
Ans. (d)
72. Under Order VI, Rule 17 of CPC, the amendment of the pleading may be allowed:
(a) as may be necessary for determining the real controversy between the parties
(b) as to introduce an entirely new & inconsistent case
(c) as to take away a right of the defendant which has accrued to him by lapse of time
(d) as to withdraw the admission made.
Ans. (a)
73. Amendment allowed under Order VI, Rule 17 of CPC must be carried on, in cases no time is fixed for carrying on the amendment, within:
(a) 10 days
(b) 14 days
(c) 15 days
(d) 30 days.
Ans. (b)
74. Under Order VII, Rule 14 of CPC, the documents:
(a) must be filed along with the plaint
(b) can be filed at the time of framing of issues
(c) can be filed at any time after the framing of issue
(d) during the evidence.
Ans. (a)
75. Set-off is a:
(a) reciprocal agreement between the plaintiff and defendant
(b) reciprocal ascertainment of debts between the parties
(c) both (a) & (b)
(d) neither (a) nor (b).
Ans. (b)
76. Set-off can be claimed:
(a) in any suit
(b) in a recovery of money suit only
(c) either (a) or (b)
(d) neither (a) nor (b).
Ans. (b)
77. Set-off can be of:
(a) ascertained sum of money
(b) an unascertained sum of money
(c) may be ascertained or may be unascertained
(d) only (b) & not (a).
Ans. (a)
78. Set-off can be:
(a) legal set-off
(b) equitable set-off
(c) both (a) & (b)
(d) either (a) or (b).
Ans. (c)
79. In set-off, court fee is:
(a) payable
(b) not-payable
(c) discretionary
(d) only (b) not (a).
Ans. (a)
80. In a written statement, a defendant can claim:
(a) set-off
(c) both set-off & counter claim
(d) either (a) or (b).
Ans. (c)
81. Which of the following, in respect of set-off is correct:
(a) set-off can be claimed in a suit for recovery of money
(b) the amount claimed must be ascertained amount
(c) the amount claimed to be set off must be legally recoverable & not barred by limitation
(d) all the above.
Ans. (d)
82. Which of the following can exceed the pecuniary jurisdiction of the court:
(a) set-off
(b) counter-claim
(c) both set-off & counter-claim
(d) neither set-off nor counter-claim.
Ans. (d)
83. A right to set-off has been granted:
(a) under Order VIII, Rule 6 of CPC
(b) under Order VIII, Rule 6A of CPC
(c) under Order VIII, Rule 6B of CPC
(d) under Order VIII, Rule 6C of CPC.
Ans. (a)
84. Propositions are:
I. Set-off and counter-claim arises out of the same transaction.
II. 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.
III. 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 I, II & III are correct
(b) I & II are correct III is incorrect
(c) I & III are correct II is incorrect
(d) II & III are correct I is incorrect.
Ans. (d)
85. A right to counter-claim has been provided:
(a) under Order VIII, Rule 6A of CPC
(b) under Order VIII, Rule 6B of CPC
(c) under Order VIII, Rule 6C of CPC
(d) under Order VIII, Rule 6D of CPC.
Ans. (a)
86. If in any case in which the defendant sets up a counter-claim the suit of the plaintiff is stayed, discontinued or dismissed, the counter-claim:
(a) is liable to be stayed, discontinued or dismissed
(b) can nevertheless be proceeded with
(c) is liable to be stayed but not discontinued or dismissed
(d) is liable to be dismissed & not stayed or discontinued.
Ans. (b)
87. Default in filing of written statement has been dealt with:
(a) under Order VIII, Rule 8 of CPC
(b) under Order VIII, Rule 9 of CPC
(c) under Order VIII, Rule 10 of CPC
(d) under Order VIII, Rule 7 of CPC.
Ans. (c)
88. On default in filing of written statement under Order VIII, Rule 10 of CPC, pronouncement of judgment:
(a) is mandatory
(b) discretionary
(c) directory
(d) either (a) or (b).
Ans. (b)
89. On failure to file the written statement, under Order VIII, Rule 10 of CPC the court:
(a) may pronounce the judgment at once
(b) may order for striking off the defence
(c) may pass any other order
(d) either (a) or (b) or (c).
Ans. (d)
90. 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:
(a) Order IX, Rule 1 of CPC
(b) Order IX, Rule 2 of CPC
(c) Order IX, Rule 3 of CPC
(d) Order IX, Rule 8 of CPC.
Ans. (b)
91. Where on the date fixed for hearing of a suit, neither of the party appears, the dismissal of the suit shall be:
(a) under Order IX, Rule 1 of CPC
(b) under Order IX, Rule 2 of CPC
(c) under Order IX, Rule 3 of CPC
(d) under Order IX, Rule 8 of CPC.
Ans. (c)
92. Under Order IX, Rule 2 of CPC a suit can be dismissed:
(a) when on the date fixed for hearing in a suit, neither of the parties appear
(b) when on the date fixed for hearing, the defendant(s) appears but the plaintiff does not appear
(c) when the plaintiff fails to pay the court fee or postal charges for the service of summons of the suit to the defendant(s)
(d) all the above.
Ans. (c)
93. A suit can be dismissed in default:
(a) under Order IX, Rule 2 of CPC
(b) under Order IX, Rule 3 of CPC
(c) under Order IX, Rule 8 of CPC
(d) both (b) & (c).
Ans. (d)
94. Order IX, Rule 3 of CPC applies:
(a) when on the date fixed for hearing in a suit neither party appears
(b) when on the date fixed for hearing in a suit only defendant appears & the plaintiff does not appear
(c) when the plaintiff fails to pay the court fee or postal charges for service of summons of the suit on the defendant(s)
(d) all the above.
Ans. (a)
95. Under Order IX, Rule 4 of CPC a suit can be restored if dismissed:
(a) under Order IX, Rule 2 of CPC
(b) under Order IX, Rule 3 of CPC
(c) under Order IX, Rule 8 of CPC
(d) only under (a) & (b).
Ans. (d)
96. When a suit is dismissed under Order IX, Rule 2 or under Order IX, Rule 3 of CPC, a fresh suit under Order IX, Rule 4 of CPC, the same cause of action is:
(a) not barred at all
(b) barred under all the circumstances
(c) not barred if within limitation
(d) either (a) or (b).
Ans. (c)
97. Under Order IX, Rule 8 of CPC, a suit can be dismissed if:
(a) on the date of hearing only the defendant appears and the plaintiff does not appear
(b) on the date of hearing neither party appears
(c) court fee or postal charges are not paid by the plaintiff for issuance of summons to the defendant
(d) all the above.
Ans. (a)
98. A suit dismissed under Order IX, Rule 8 of CPC, can be restored:
(a) under Order IX, Rule 4 of CPC
(b) under Order IX, Rule 9 of CPC
(c) both under (a) and (b)
(d) neither under (a) nor (b).
Ans. (b)
99. Under Order IX, Rule 8 of CPC, for nonappearance of the plaintiff, a suit cannot be dismissed:
(a) if the defendant admitted the whole claim of the plaintiff
(b) if the defendant admits the claim of the plaintiff in part, to the extent of claim admitted
(c) both (a) and (b)
(d) neither (a) nor (b).
Ans. (c)
100. After dismissal of suit under Order IX, Rule 8 of CPC, a fresh suit on the same cause of action, under Order IX, Rule 9 of CPC:
(a) is barred
(b) is not barred under any circumstances
(c) is not barred subject to law of limitation
(d) either (b) or (c).
Ans. (a)
101. An application for restoration of the suit under Order IX, Rule 4 of CPC or under Order IX, Rule 9 of CPC, must be made, within:
(a) 15 days of dismissal
(b) 30 days of dismissal
(c) 60 days of dismissal
(d) 90 days of dismissal.
102. Order IX, Rule 6 of CPC provides for procedure when only the plaintiff appears and defendant does not appear on the date of hearing in the contingency:
(a) when summons duly served on the defendant
(b) when summons served on the defendant but not within sufficient time
(c) when summons not duly served
(d) all the above.
103. Under Order IX, Rule 6 of CPC:
(a) defence of the defendant can be struck of
(b) defendant can be proceeded against ex-parte
(c) judgment can be pronounced against the defendants
(d) all the above.
104. An order under Order IX, Rule 6 of CPC can be set aside:
(a) under Order IX, Rule 7 of CPC
(b) under Order IX, Rule 9 of CPC
(c) under Order IX, Rule 11 of CPC
(d) under Order IX, Rule 13 of CPC.
105. An application under Order IX, Rule 7 of CPC can be made:
(a) within 30 days of the Order
(b) within 60 days of the Order
(c) any time during the pendency of the suit
(d) at any time on or before the next date of hearing.
106. Where a plaintiff, who is ordered to appear in person, fails to appear, under Order IX, Rule 12 of CPC, the suit of the plaintiff is liable to be:
(a) stayed
(b) dismissed
(c) either stayed or dismissed
(d) neither stayed nor dismissed.
107. Where a defendant, who has been ordered to appear in person, fails to appear, under Order IX, Rule 12 of CPC:
(a) the defence of the defendant is liable to be struck off
(b) the defendant is liable to be proceeded ex-parte
(c) either (a) or (b)
(d) neither (a) nor (b).
108. An ex-parte decree can be set aside:
(a) under Order IX, Rule 7 of CPC
(b) under Order IX, Rule 11 of CPC
(c) under Order IX, Rule 13 of CPC
(d) under Order IX, Rule 12 of CPC.
109. An ex-parte decree can be set aside on the ground of:
(a) summons not duly served
(b) being prevented by any sufficient cause from appearance
(c) non-appearance due to non-availability of documents with the plaint
(d) both (a) & (b).
110. Remedies available against an ex-parte decree include:
(a) appeal
(b) review
(c) application for setting aside the decree
(d) all the above.
Ans. (d)