100+ Important questions and answers on the code of civil procedure especially compiled for UPSC, civil services, IAS, Indian judicial service and other competitive exams!
1. Shares in a corporation includes:
A. Stock
B. Debenture stock
C. Debentures or bonds
D. All of these
Ans: D
2. In a suit for partition and accounts, where an injunction is sought to restrain the defendant co-sharer from transferring his share pendente lite, which of the following was the legal position according to the Gujarat High Court?
A. In law, a co-sharer may have a right to deal with his share
B. If the defendant co-sharer is allowed to transfer his share pendente lite, multiplicity of proceedings may result, which would necessitate substitution of the transferee
C. To avoid such a situation, the Court should issue an injunction restraining the co-sharer defendant from transferring his share pendente lite
D. All of these
Ans: D
3. The expression ‘within ten days’ under O. 37, r 3 means:
A. The period less than ten days
B. The tenth day
C. Either (A) and (B)
D. None of these
Ans: C
4. Andy sues Brandy to recover certain property belonging to the estate of Candy, alleging that his father had been adopted by Candy’s brother, Danny to whom the property descended on Candy’s death. The suit is dismissed on the ground that the adoption is not proved. Andy then sues Brandy to recover the same property claiming it as Candy’s bandhu.
A. The suit is a case of res judicata. Andy ought to have claimed the property in the first suit in the alternative as Candy’s bandhu
B. The suit is a case of res judicata. Andy could not have claimed the property in the first suit in the alternative as Candy’s bandhu
C. The suit is barred as res judicata. Andy ought to have claimed the property in the first suit in the alternative as Candy’s bandhu
D. None of these
Ans: C
3. X obtains a decree against A, and attaches A’s property in execution of the decree. Y, who holds a decree against A and B, applies for execution of his decree by attachment and sale of A’s proceeds of the sale of A’s property.
A. It is important that Y’s decree is against B also and that the decree might have been separately executed against B
B. it is immaterial that Y’s decree is against B also and that the decree might have been separately executed against B
C. Either (A) or (B)
D. None of these
Ans: B
4. A, a shareholder in a company, sues B, C and D, the directors, to recover damages on his own behalf for fraudulently indicting him to purchase shares by declaring an illegal dividend; and he joins in the same suit a claim on behalf of himself and all other shareholders.
A. A is not entitled to join both causes of action in one suit, because the right to relief claimed in his personal capacity
B. A is not entitled to join both causes of action in one suit, because the right to relief claimed by him as representing the shareholders do not arise out of the same transaction or series of transactions
C. Both (A) and (B)
D. None of these
Ans: C
5. A, who sued B for declaration of title and confirmation of possession X, alleged that it was his father’s property which he had inherited and B’s act had thrown a doubt on his title. Subsequently, he sues B for recovery of possession of Y, alleging that that was also his father’s property which he had inherited and from which he was dispossessed by B.
A. The second suit is barred
B. The second suit is not to barred
C. Either (A) or (B)
D. None of these
Ans: B
6. The right to sue for damages for breach of contract on a promissory note, for a debt on a mortgage, for wrong done to property, are all instances of rights that are not extinguished on the death of the plaintiff or defendant.
A. The suit does not abate on death of the plaintiff or defendant
B. A suit for account against an agent can be proceeded against his legal representative
C. Both (A) and (B)
D. None of these
Ans: C
7. A obtains a decree against B for Rs. 2000. It is subsequently agreed between A and B that A should accept Rs. 1000 in full satisfaction of the certified to the court. A applies for execution of the full amount of the decree not whitening receipt by him of? 1000. B objects to the execution on the ground that the decree has been adjusted and the payment has been made. The payment not being certified cannot be recognized by the court executing the decree, and the court must direct execution to issue.
A. It will not be available to B that A had agreed to certify the payment of the court, must direct execution to issue
B. It will not be available to B that A had agreed to certify the payment of the court, but has omitted to do so
C. Both (A) and (B)
D. None of these
Ans: C
8. Which of the following deals with the definitions in the Code of Civil Procedure?
A. Section 4
B. Section 2
C. Section 8
D. Section 3
Ans: B
9. Which of the following deals with penalty for default in the Code of Civil Procedure?
A. Section 18
B. Section 32
C. Section 22
D. Section 25
Ans: B
10. Which of the following deals with the release on ground of illness in the Code of Civil Procedure?
A. Section 59
B. Section 50
C. Section 60
D. Section 54
Ans: A
11. Which of the following deals with public nuisances and other wrongful acts affecting the public in the Code of Civil Procedure?
A. Section 90
B. Section 91
C. Section 92
D. Section 82
Ans: B
12. Which of the following deals with unauthorized persons not to address Court in the Code of Civil Procedure?
A. Section 111
B. Section 119
C. Section 108
D. Section 100
Ans: B
13. Which of the following deals with enlargement of time in the Code of Civil Procedure?
A. Section 145
B. Section 103
C. Section 152
D. Section 148
Ans: D
14. Which of the following deals with objections as to misjoinder in the Code of Civil Procedure?
A. Order 1, Rule 1
B. Order 2, Rule 7
C. Order 3, Rule 3
D. Order 4, Rule 8
Ans: B
15. 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?
A. Order 7, Rule 14
B. Order 9, Rule 12
C. Order 6, Rule 10
D. Order 5, Rule 29
Ans: D
16. Which of the following deals with the exclusion of counter claim in the Code of Civil Procedure?
A. Order 8, Rule 6C
B. Order 4, Rule 13
C. Order 6, Rule 10
D. Order 10, Rule 22
Ans: A
17. Which of the following deals with particular interrogatories to be submitted in the Code of Civil Procedure?
A. Order 11, Rule 2
B. Order 4, Rule 13
C. Order 6, Rule 10
D. Order 13, Rule 22
Ans: A
18. Which of the following deals with the framing of issues in the Code of Civil Procedure?
A. Order 19, Rule 12
B. Order 14, Rule 1
C. Order 6, Rule 10
D. Order 15, Rule 22
Ans: B
19. Which of the following deals with plaint in interpleader suits in the Code of Civil Procedure?
A. Order 12, Rule 1
B. Order 35, Rule 1
C. Order 33, Rule 18
D. Order 17, Rule 10
Ans: B
20. Civil court’s jurisdiction would not be barred in which of the following cases?
I. Where the order under r 18 of the settlement rules is patently illegal or without jurisdiction
II. Where the remedy provided by the regulation to adjudge the objection raised, is not sufficient
III. Where complicated question relating to the title are involved
IV. Where the plaintiff seeks declaration of his title over the land from which he is sought to be evicted
A. I, III
B. II, V
C. II, IV
D. All of these
Ans: D
21. 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:
(a) at or before the settlement of issues
(b) after the settlement of issues
(c) at the time when they are required
(d) none of the above.
Ans. (c)
22. A document can be received at a later stage:
(a) if the genuineness of the document is beyond doubt and is relevant to decide the real question in controversy
(b) 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.
Ans. (a)
23. Original documents can be returned to the party producing it:
(a) after the suit is over
(b) after the disposal of appeal, if preferred
(c) after the period of limitation for filing the appeal, if no appeal is preferred
(d) only (b) & (c) are correct.
Ans. (d)
24. During the pendency of the suit, to a party producing the document:
(a) the original document admitted in evidence cannot be returned
(b) the original documents admitted in evidence can be returned on producing the certified copies thereof
(c) the original documents admitted in evidence can be returned on producing an ordinary copy thereof
(d) either (b) or (c).
Ans. (b)
25. In a suit, issues are framed in respect of:
(a) questions of facts
(b) questions of law
(c) mixed question of fact & law
(d) all the above.
Ans. (d)
26. Issues mean:
(a) contentions arising out of plaint only
(b) contentions arising out of written statement only
(c) rival contentions of the parties based on their pleadings
(d) presumptions of fact or law or fact & law.
Ans. (c)
27. Issues are settled, in a suit:
(a) under Order XIII of CPC
(b) under Order XIV of CPC
(c) under Order II of CPC
(d) under Order VII of CPC.
Ans. (b)
28. Which of the issues under Order XIV, Rule 2 of CPC can be tried as preliminary issues:
(a) issues of fact
(b) issues of law
(c) issues of fact & law
(d) both (b) & (c).
Ans. (b)
29. Issues of law can be tried as preliminary issues, if it relates to:
(a) the jurisdiction of the court
(b) a bar to the suit created by any law
(c) either (a) or (b)
(d) neither (a) nor (b).
Ans. (c)
30. Issues can be altered:
(a) under Order XIV, Rule 2(2) of CPC
(b) under Order XIV, Rule 3 of CPC
(c) under Order XIV, Rule 5 of CPC
(d) under Order XIV, Rule 6 of CPC.
Ans. (c)
31. Under Order XIV, Rule 5 of CPC:
(a) issues already framed can be amended
(b) issues already framed can be struck off
(c) additional issues can be framed
(d) all the above.
Ans. (d)
32. List of witnesses must be filed, by the parties:
(a) along with the plaint or written statement
(b) before framing of issues
(c) after the framing of issues
(d) no need to file the list of witnesses.
Ans. (c)
33. Parties must file the list of witnesses within:
(a) 10 days of framing of issues
(b) 15 days of framing of issues
(c) 30 days of framing of issues
(d) 60 days of framing of issues.
Ans. (b)
34. Court has the power to summon a person, who is not called by any party, as a witness:
(a) under Order XVI, Rule 18 of CPC
(b) under Order XVI, Rule 14 of CPC
(c) under Order XVI, Rule 12 of CPC
(d) under Order XVI, Rule 10 of CPC.
Ans. (b)
35. Adjournment can be granted:
(a) under Order XVII, Rule 3 of CPC
(b) under Order XVII, Rule 2 of CPC
(c) under Order XVII, Rule 1 of CPC
(d) under Order XVII, Rule 1(2) of CPC.
Ans. (c)
36. When, on the day to which the hearing of the suit is adjourned, the parties or any of them fail to appear:
(a) Order XVII, Rule 2 of CPC shall apply
(b) Order XVII, Rule 3 of CPC shall apply
(c) both Order XVII, Rule 2 and Order 17, Rule 3 of CPC shall apply
(d) neither Order XVII, Rule 2 of CPC nor Order 17, Rule 3 of CPC shall apply.
Ans. (a)
37. Order XVII, Rule 2 of CPC and Order XVII, Rule 3 of CPC are:
(a) in conflict with each other
(b) independent & mutually exclusive
(c) Order XVII, Rule 3 of CPC is dependent on Order XVII, Rule 2 of CPC
(d) Order XVII, Rule 3 of CPC controls Order XVII, Rule 2 of CPC.
Ans. (b)
38. Order XVII, Rule 3 of CPC applies:
(a) when the party fails to produce the evidence
(b) when the party produced the evidence
(c) when the parties or any of them not present
(d) all the above.
Ans. (a)
39. Who shall produce the evidence first:
(a) plaintiff
(b) defendant
(c) either plaintiff or defendant
(d) as directed by the court.
Ans. (a)
40. Where a party wishes to appear as a witness, as a general rule:
(a) the party shall appear as a witness after all other witnesses are examined
(b) 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.
Ans. (b)
41. A witness who has already been examined can be recalled under Order XVIII, Rule 17 of CPC:
(a) by the party calling the witness
(b) by the opposite party
(c) by the court
(d) all the above.
Ans. (c)
42. 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 CPC, to be:
(a) detained in the civil prison for a term which may extend to 60 days
(b) detained in the civil prison for a term which may extend to 30 days
(c) detained in the civil prison for a term which may extend to 15 days
(d) detained in the civil prison for a term which may extend to 7 days.
Ans. (b)
43. Any party may address oral arguments in his case and before the conclusion of oral arguments can submit written arguments and such written arguments:
(a) shall form part of record
(b) shall not form part of the record
(c) shall not form part of the record unless it follows affidavit
(d) shall form of the record only if the court directs.
Ans. (a)
44. Ordinarily, the judgment shall be pronounced as provided under Order XX, Rule 1 of CPC, within:
(a) 15 to 30 days of hearing
(b) 5 to 15 days of hearing
(c) 30 to 60 days of hearing
(d) 30 to 45 days of hearing.
Ans. (c)
45. Judgment & decree have been dealt in CPC:
(a) under Order XIX
(b) under Order XX
(c) under Order XX-A
(d) under Order XXI.
Ans. (b)
46. Clerical or arithmetical mistakes in judgments, orders etc. can be corrected:
(a) under section 152 of CPC
(b) under section 153 of CPC
(c) under section 153A of CPC
(d) under section 153B of CPC.
Ans. (a)
47. For getting the clerical or arithmetical mistakes in judgment etc. corrected, the application:
(a) shall be made within 30 days
(b) shall be made within 60 days
(c) shall be made within 90 days
(d) can be made at any time & no limitation period has been prescribed.
Ans. (d)
48. Under section 34 of IPC, the court can grant interest:
(a) from the date of the suit till the date of decree
(b) from the date of the decree till realisation
(c) both (a) & (b)
(d) neither (a) nor (b).
49. Provision for interest in CPC has been made:
(a) under section 32
(b) under section 34
(c) under section 35A
(d) under section 35B.
50. Future interest i.e., from the date of the decree till realisation, can be awarded, under CPC:
(a) @ 12% per annum
(b) @ 9% per annum
(c) @ 6% per annum
(d) depending on the prevailing bank rates.
51. Awarding future interest is:
(a) mandatory
(b) directory
(c) discretionary
(d) only (a) and not (b) or (c).
52. Where a decree is silent as regards future interest:
(a) future interest shall be deemed to have been refused and a separate suit shall lie for the same.
(b) future interest shall be deemed to have been refused and a separate suit shall not lie.
(c) future interest shall be deemed to have been inadvertently omitted and an application can be moved before the court.
(d) future interest shall be deemed to have been granted and it shall be a clerical or arithmetical error to be corrected on application.
53. 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.
54. Pendente lite interest can be awarded:
(a) on the basis of the agreement between the parties
(b) @ 6%
(c) @ 9%
(d) @ 12%.
55. Which of the following provisions provide for imposition of costs in a civil suit:
(a) section 35 of CPC
(b) section 35A of CPC
(c) section 35B of CPC
(d) all the above.
56. Costs can be imposed in:
(a) a suit
(b) execution proceedings
(c) a suit as well as execution proceedings
(d) only in a suit and not in execution proceedings.
57. Costs can be imposed to:
(a) compensate
(b) reimburse the expenses incurred
(c) compensate as well as to reimburse the expenses incurred
(d) only to reimburse the expenses incurred and not to compensate.
58. Compensatory costs can be imposed for:
(a) false or vexation claims or defences
(b) improbable claims or defences
(c) both (a) & (b)
(d) neither (a) nor (b).
59. Compensatory costs are imposed:
(a) under section 35 of CPC
(b) under section 35A of CPC
(c) under section 35B of CPC
(d) all the above.
60. Compensatory costs under section 35A of CPC can be imposed to the extent of:
(a) Rs.3,000
(b) Rs.5,000
(c) Rs.10,000
(d) without any limit.
61. Imposition of costs under section 35A of CPC:
(a) absolves a person from criminal liability that may arise on the principle of double jeopardy
(b) 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.
62. Costs under section 35A of CPC can be imposed:
(a) in an appeal
(b) in a revision
(c) both in an appeal and a revision
(d) neither in an appeal nor in a revision.
63. Costs under section 35A of CPC can be imposed:
(a) on plaintiff
(b) on defendant
(c) on co-defendant
(d) all the above.
64. Costs for causing delay has been provided under:
(a) section 35A of CPC
(b) section 35B of CPC
(c) section 36 of CPC
(d) section 35 of CPC.
Ans. (b)
65. Imposition of costs under section 35B of CPC is:
(a) mandatory
(b) directory
(c) either (a) or (b)
(d) neither (a) nor (b).
Ans. (b)
66. Costs imposed under section 35B of CPC:
(a) shall be included in the costs awarded in the decree passed in the suit
(b) shall not be included in the costs awarded in the decree passed in the suit
(c) shall, if not paid, be executable against the person on whom the costs has been imposed
(d) only (b) & (c).
Ans. (d)
67. Security for payment of cost can be required to be furnished:
(a) under Order XXA
(b) under Order XXV
(c) under Order XXIV
(d) under Order XXVII.
Ans. (b)
68. Security for payment of cost can be required to be furnished under Order XXV, from:
(a) the plaintiff
(b) the defendant
(c) the co-defendant
(d) all the above.
Ans. (a)
69. On failure for furnishing security for payment of cost the suit is liable to be:
(a) stayed
(b) dismissed
(c) rejected
(d) either (a) or (b) or (c) in the discretion of the court.
Ans. (b)
70. A suit dismissed under Order XXV for non-furnishing of security for payment of costs:
(a) cannot be restored
(b) can be restored by the same court
(c) can be restored only in appeal
(d) can be restored only in revision.
Ans. (b)
71. 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?
A. Section 139B
B. Section 135A
C. Section 132A
D. Section 140A
Ans. B
72. Defendant need not to be interested in all the relief claimed under which of the following in the Code of Civil Procedure?
A. Order 3, Rule 1
B. Order 1, Rule 5
C. Order 3, Rule 3
D. Order 4, Rule 8
Ans. B
73. Which of the following deals summons given to the plaintiff for service in the Code of Civil Procedure?
A. Order 5, Rule 9A
B. Order 2, Rule 2
C. Order 6, Rule 10
D. Order 4, Rule 8
Ans. A
74. Which of the following deals with rejection of plaint in the Code of Civil Procedure?
A. Order 7, Rule 11
B. Order 9, Rule 6
C. Order 6, Rule 10
D. Order 10, Rule 22
Ans. A
75. Which of the following deals with the procedure where defendant only appears in the Code of Civil Procedure?
A. Order 5, Rule 30
B. Order 9, Rule 8
C. Order 6, Rule 10
D. Order 10, Rule 22
Ans. B
76. 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?
A. Order 16, Rule 2
B. Order 4, Rule 13
C. Order 6, Rule 10
D. Order 12, Rule 2A
Ans. D
77. Which of the following procedure where there is no legal representative in the Code of Civil Procedure?
A. Order 22, Rule 4A
B. Order 10, Rule 9
C. Order 19, Rule 6B
D. Order 17, Rule 10C
Ans. A
78. Which of the following deals with provincial small Cause Courts in the Code of Civil Procedure?
A. Order 50, Rule 1
B. Order 31, Rule 6
C. Order 22, Rule 18
D. Order 16, Rule 10
Ans. A
79. 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?
A. The objection was taken in the trial court
B. It was taken at the earliest opportunity and where issues have been framed, it was taken before the issues were framed
C. Trial in the wrong court has occasioned failure of justice
D. All of these
Ans. D
80. Which of following types of suit does not come under the scope of s. 92 of the Code of Civil Procedure?
A. There is a trust created for public purposes of a charitable or religious nature
B. There is a breach alleged of such trust, or the direction of the court is deemed necessary for the administration of such trust
C. The relief claimed is one or other of the beliefs mentioned in the section
D. All of these
Ans. D
81. Which of the following is true of ss. 43, 44 and 44A in dealing with the converse case of the execution by the Indian courts of decrees of?
I. Indian courts to which the provisions of the Code of Civil Procedure do not extend (s. 43)
II. Courts outside India which are established or continued by the Central Government (s. 43)
III. Revenue courts situate in India (s. 44)
IV. Superior courts of the United Kingdom or of any reciprocating territory (s. 44A)
A. I, III
B. II, IV
C. Ill, IV
D. All of these
Ans. D
82. 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:
A. For cross-examination of the plaintiff’s witness or the cross-examination of the witness of the other party
B. 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
Ans. D
83. The court will not proceed with an appeal:
A. 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
B. When the decree against the surviving respondents, if the appeal succeeds, will be ineffective, that is to say, it cannot be successfully executed
C. Both (A) and (B)
D. None of these
Ans. C
84. The word ‘possession or power’ used in O. 13, r 1 and r 2 imply:
A. That the document in question must be in actual physical possession or control of the plaintiff
B. That the document over which the plaintiff has no control
C. That the document which can be produced only through intervention of court by calling a witness and asking him to produce a document
D. None of these
Ans. A
85. Where in a case the trial court directed the defendant to file written statement without deciding the application under O. 7, r 11, it was held to be a procedural irregularity and the case was remanded for deciding the application under O. 7, r 11. Which was this case?
A. Viveknanda Nidhi v. Ashima Goswami
B. Saleem Bhai v. State of Maharastra
C. Allen Brothers v. Aruri Mai
D. None of these
Ans. B
86. A resides at Shimla, B at Calcutta and C at Delhi A, B and C being together at Benaras, B and C make a joint promissory note payable on demand and deliver it to A. A may sue B and C at Banaras, where the cause of action arose.
A. He may sue them at Calcutta, where B resides; if the non-resident defendant objects, the suit cannot proceed without the leave of the Court
B. He may sue them at Delhi where C resides; if the nonresident defendant objects, the suit cannot proceed without the leave of the Court
C. Either (A) or (B)
D. None of these
Ans. C
87. 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.
A. 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
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
C. 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
D. None of these
Ans. C
88. 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
B. It does not matter that A claims by right of inheritance and C under an assignment from A
C. Both (A) and (B)
D. None of these
Ans. C
89. A sues B for the rent of a house alleged to have been let by A to B. B denies the lease, and contends that he is the owner of the house.
A. A can amend the plaint by converting the suit into one for a declaration of ownership
B. A cannot amend the plaint by converting the suit into one for a declaration of ownership
C. Either (A) or (B)
D. None of these
Ans. B
90. A obtains a decree against B and C for Rs 5,000. B satisfies the decree by paying Rs 5,000 to A. In such a case C is bound to pay to B his (C’s) share of the judgement-debt. If C fails to contribute his share:
A. B’s remedy is by way of suit against C to recover the amount
B. B’s remedy is by way of suit against A to recover the amount
C. Either (A) or (B)
D. None of these
Ans. A
91. B holds certain lands under a lease from A. The rent falls into arrears, and A sues B for arrears of rend and for possession. It is subsequently agreed between the parties that B should continue to hold the lands as A’s tenant, but upon fresh terms arranged between the parties, which include a forfeiture clause that if default should be made in payment of rent on the due dates, the lease should be forfeited. A decree is passed in terms of the agreement under this rule. B commits default in payment of rent. A thereupon applies for possession of the land in execution of the decree. B offers to pay the arrears and applies that he may be relieved against forfeiture.
A. If the matter had rested in contract only, the Court could have granted the relief.
B. The mere fact, therefore, that the agreement has been recorded and a decree passed in accordance therewith, does not preclude the Court form granting relief against forfeiture
C. Both (A) and (B)
D. None of these
Ans. C
92. Which of the following deals with objections to jurisdiction in the Code of Civil Procedure?
A. Section 18
B. Section 20
C. Section 21
D. Section 25
Ans. C
93. Which of the following deals with questions to be determined by the Court executing decree in the Code of Civil Procedure?
A. Section 47
B. Section 50
C. Section 45
D. Section 49
Ans. A
94. Which of the following deals with the exemption from arrest and personal appearance in the Code of Civil Procedure?
A. Section 90
B. Section 88
C. Section 81
D. Section 82
Ans. C
95. Which of the following deals with powers of Appellate Court in the Code of Civil Procedure?
A. Section 111
B. Section 103
C. Section 108
D. Section 107
Ans. D
96. 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?
A. Section 139
B. Section 133
C. Section 136
D. Section 140
Ans. C
97. Joinder of parties liable on same contract under which of the following in the Code of Civil Procedure?
A. Order 3, Rule 9
B. Order 2, Rule 2
C. Order 1, Rule 6
D. Order 4, Rule 8
Ans. C
98. Which of the following deals with service on several defendants in the Code of Civil Procedure?
A. Order 7, Rule 38
B. Order 2, Rule 21
C. Order 5, Rule 11
D. Order 4, Rule 9
Ans. C
99. Which of the following deals with the production of document on which plaintiff sues or relies in the Code of Civil Procedure?
A. Order 5, Rule 30
B. Order 4, Rule 13
C. Order 6, Rule 10
D. Order 7, Rule 14
Ans. D
100. Which of the following deals with the decree against plaintiff by default bars fresh suit in the Code of Civil Procedure?
A. Order 5, Rule 30
B. Order 4, Rule 13
C. Order 9, Rule 9
D. Order 10, Rule 22
Ans. C
101. Which of the following deals with the form of notice in the Code of Civil Procedure?
A. Order 12, Rule 3
B. Order 4, Rule 13
C. Order 6, Rule 10
D. Order 13, Rule 22
Ans. A
102. Which of the following deals with withdrawal of suit or abandonment of part of claim in the Code of Civil Procedure?
A. Order 23, Rule 1
B. Order 10, Rule 9
C. Order 19, Rule 6
D. Order 17, Rule 10
Ans. A
103. Which of the following deals with presidency Small Cause Courts in the Code of Civil Procedure?
A. Order 28, Rule 4
B. Order 51, Rule 1
C. Order 22, Rule 6
D. Order 16, Rule 10
Ans. B
104. Which of the following is true of section 24 of the Code of Civil Procedure?
A. It deals with general power of transfer
B. It deals with general power of withdrawal
C. 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
D. All of these
Ans. D
105. The right to appeal is a creature of statute and an appeal can be presented, only:
A. By a party in the suit if he is aggrieved by the judgment
B. 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
Ans. C
106. 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?
A. 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
B. Where questions arose between the auction-purchaser on the one hand and a party to the suit or his representative on the other hand
C. both (A) and (B)
D. None of these
Ans. C
107. Which of the following are true of the set-off and counterclaim?
I. None should exceed the pecuniary limits of the jurisdiction of the court
II. Both are pleaded in the written statement
III. The plaintiff is expected to file a written statement in answer to a claim for set-off or to a counterclaim
IV. Even if permitted to be raised, the court may in appropriate cases direct a set-off or counterclaim
V. A defendant cannot be compelled to plead a set-off or a counterclaim
VI. Both are liable to payment of court fees under Sch. 1 of Art. 1 of the Court-fees Act 1870
VII. Dismissal of a suit or its withdrawal would not debar a set-off or counterclaim being tried, may be followed by a decree against the plaintiff
A. I, II, IV
B. Ill, IV, VI
C. II, V, VII
D. All of these
Ans. D
108. In which of the following cases cross-objections as between co-respondents can be permitted?
A. The appeal as regards certain parties cannot be disposed of without determining the question between co-respondents
B. Where the objections are common as against the appellant and co-respondent
C. both (A) and (B)
D. None of these
Ans. C
109. The phrase ‘good cause’ used in O. 13, r 2 means reason that is:
A. adequate
B. sound
C. genuine
D. All of these
Ans. D
110. The affidavit required to be filed under amended s. 26(2) and O. 6, r 15(4) of the Code of Civil Procedure has the effect of fixing additional responsibility on the deponent as to the truth of the facts stated in the pleadings. It is, however made clear that such an affidavit would not be evidence for the purpose of the trial. Further, on amendment of the pleadings, a fresh affidavit shall have to be filed in consonance thereof. In which of the following cases it was so upheld?
A. Kanji v. Mangaalben
B. Venkata v. Venkataraman
C. Salem Advocate Bar Association, Tamil Nadu v. Union of India
D. None of these
Ans. C