Multiple choice questions on the code of civil procedure especially compiled for UPSC, civil services, IAS and Indian judicial examinations!
1. If the official assignee refuses to defend a suit relating to the insolvent’s property:
A. The insolvent is not entitled to defend the suit independently of the official assignee
B. The creditor cannot file an appeal on the official receiver’s failure to do so in a litigation to which they were not parties
C. Either (A) or (B)
D. None of these
Ans. A
2. When foreign judgment is not conclusive which of the following in the Code of Civil Procedure comes into operation?
A. Section 13
B. Section 15
C. Section 16
D. Section 10
Ans. A
3. Which of the following deals with the transfer of decree to Court in another State in the Code of Civil Procedure?
A. Section 40
B. Section 36
C. Section 39
D. Section 52
Ans. A
4. Which of the following deals with proceeds of execution- sale to be rateably distributed among decree holders in the Code of Civil Procedure?
A. Section 63
B. Section 72
C. Section 73
D. Section 78
Ans. C
5. Which of the following deals with second appeal in the Code of Civil Procedure?
A. Section 111
B. Section 103
C. Section 108
D. Section 100
Ans. D
6. Which of the following deals with power of High Court to make rules as to their original civil procedure?
A. Section 122
B. Section 103
C. Section 124
D. Section 129
Ans. D
7. Which of the following sections of the Code of Civil Procedure has been repealed by the Repealing and Amending Act, 1952 (48 of 1952)?
A. Section 145
B. Section 150
C. Section 155
D. Section 153
Ans. C
8. Court may order defendant or plaintiff to appear in person under which of the following in the Code of Civil Procedure?
A. Order 7, Rule 3
B. Order 5, Rule 3
C. Order 6, Rule 10
D. Order 4, Rule 8
Ans. B
9. Which of the following deals with when plaintiff sues as representatives in the Code of Civil Procedure?
A. Order 5, Rule 30
B. Order 9, Rule 12
C. Order 6, Rule 10
D. Order 7, Rule 4
Ans. D
10. Parties to appear on day fixed in summons for defendant to appear and answer under which of the following in the Code of Civil Procedure?
A. Order 5, Rule 30
B. Order 4, Rule 13
C. Order 9, Rule 1
D. Order 10, Rule 22
Ans. C
11. Which of the following deals with verified copies in the Code of Civil Procedure?
A. Order 16, Rule 12
B. Order 11, Rule 19
C. Order 6, Rule 10
D. Order 8, Rule 22
Ans. B
12. Which of the following deals with power to order attendance of deponent for cross-examination in the Code of Civil Procedure?
A. Order 12, Rule 5
B. Order 14, Rule 20
C. Order 6, Rule 21
D. Order 19, Rule 2
Ans. D
13. Which of the following deals with application to Court whose decree complained of in the Code of Civil Procedure?
A. Order 25, Rule 5
B. Order 31, Rule 9
C. Order 45, Rule 2
D. Order 9, Rule 10
Ans. C
14. A finding on a question of title by courts which has no jurisdiction to adjudicate upon the question of title cannot operate as res judicata in a subsequent suit on title. This generally happens in which of the following cases?
A. Where the first court is a civil court of limited jurisdiction
B. Where the first court is a Provincial Small Cause Court
C. Where the first court is a ‘revenue court’ and the second court is a ‘civil court’
D. All of these
Ans. D
15. To entitle a decree- holder to participate in the assets of a judgment-debtor, which of the following conditions must be present?
I. The decree-holder claiming to share in the rateable distribution should have applied for execution of his decree to the appropriate court
II. Such application should have been made prior to the receipt of the assets by the court
III. The assets of which a rateable distribution is claimed must be assets held by the court
IV. The attaching creditor as well as the decree-holder claiming to participate in the assets should be holders of decrees for the payment of money
V. Such decrees should have been obtained against the same judgment-debtor
A. I, III
B. II, IV
C. IV, V
D. All of these
Ans. D
16. Under s. 10 of the Code of Civil Procedure, the court shall not proceed with the trial of the suit if the previously instituted suit is pending:
I. In the same court in which the subsequent suit id brought
II. In any other court in India (whether superior, inferior or co-ordinate)
III. In any court beyond the limits of India established or continued by the Central Government
IV. In any court before the Supreme Court
A. I, II
B. III, IV
C. II, IV
D. All of these
Ans. D
17. Which of the following are the fundamental rules of pleading as set forth under O. 6, r 2?
I. Every pleading must state facts and not law
II. It must state material facts and material facts only
III. It must state only the facts on which the party pleading relies for his claims or defence and not the evidence by which they are to be proved
IV. It must state such facts in a concise form
V. Dates, sums and figures must be set out both in figures and words
A. I, II, IV
B. Ill, IV
C. II, V
D. All of these
Ans. D
18. In order to allow amendment sought belatedly in a suit under O. 37, which of the following tests the court must apply?
A. Whether the case made by the plaintiff was a totally new case based on a new set of ideas
B. Whether the defendants would be prejudiced if these additional facts were allowed to be pleaded, in the sense that necessary orders to meet the new case would not be available
C. Both (A) and (B)
D. None of these
Ans. C
19. Injustum est, nisi tota lege inspecta, de una aliqua ejus particula proposita judieare vel respondere means:
A. It is unjust to decide to any particular part of the law without examining the whole of it
B. It is unjust to respond to any particular part of the law without examining the whole of it
C. Both (A) and (B)
D. None of these
Ans. C
20. The word ‘Appellate Court’ used in s.107 of the Code of Civil Procedure includes:
A. Appellate tribunals exercising judicial functions in civil proceedings
B. Appellate tribunals exercising judicial functions in criminal proceedings
C. Either (A) or (B)
D. None of these
Ans. A
21. Ashok files a suit on behalf of himself and other members of his community to establish a right to worship in a temple, but through oversight omits to give notice under O 1, r 8 to the other members of the community.
A. The suit cannot dismissed but the judgment will not operate as res judicata to bar a subsequent suit by another member of the community to establish the same right
B. The suit is dismissed but the judgment will operate as res judicata to bar a subsequent suit by another member of the community to establish the same right
C. The suit is dismissed but the judgment will not operate as res judicata to bar a subsequent suit by another member of the community to establish the same right
D. None of these
Ans. C
22. A files a suit on behalf of himself and other members of his community to establish a right to worship in a temple, but through oversight omits to give notice under O 1, r 8 to the other members of the community.
A. The suit cannot dismissed but the judgment will operate as res judicata to bar a subsequent suit by another member of the community to establish the same right
B. The suit is dismissed but the judgment will operate as res judicata to bar a subsequent suit by another member of the community to establish the same right
C. The suit is dismissed but the judgment will not operate as res judicata to bar a subsequent suit by another member of the community to establish the same right
D. None of these
Ans. C
23. A accompanies B, a pleader, to Hardwar, as B’s medical attendant, for which Rs 1,300 become due to him as his fees. B passes a promissory note to A for Rs 700, and agrees as for the balance of Rs 600 to do a certain legal work for A, B fides without doing the legal work undertaken by him. A sues C, B’s son upon the promissory note, and a decree is passed for him. He then beings another suit against C to recover the Rs 600, alleging that the legal work which B had agree to do for him had not been done.
A. The suit for the recovery of Rs 600 is barred
B. If several promissory notes are executed for the portions of the same debt, each promissory note creates a distinct cause of action on which a separate suit may be brought
C. Both (A) and (B)
D. None of these
Ans. C
24. Where the previous suit for possession was dismissed on the ground that the proper remedy was a suit for partition and separate possession, then a second suit for partition and separate possession is not barred because:
A. The dismissal of the first suit gave rise to a fresh cause of action
B. The order of the court, stating that the relief had to be sought in a suit for partition, amounts to permitting the plaintiff to file a separate suit for partition and possession. In such a suit, O 2, r 2 is not attracted
C. Both (A) and (B)
D. None of these
Ans. C
25. X sues A and B, alleging that A and B are in joint possession of certain immovable property, and asking for a declaration that he is in joint possession with them. A appears and defends the suit, B does not appear. The court finds that A and B are in joint possession, and that X is entitled to joint possession with them.
Here the decree, so far as regards, A, is passed after a hearing and, as regards B, it is ex parte. But there is only one decree, and the words the decree in the proviso can only refer to that decree. Therefore, if B applies for an order to set aside the decree and the decree is set aside as against him, it must also be set aside as against A. In the event of B succeeding in the suit, this absurd position would rise that A and B being in joint possession of the property:
A. X would be in possession of a decree declaring him to be jointly in possession along with A and B
B. B would be in possession of a decree in his favour declaring the X is not entitled to joint possession with him and A
C. Both (A) and (B)
D. None of these
Ans. C
26. A sues B to recover a debt or damages for breach of contract. Pending the suit A is adjudged insolvent.
A. The official assignee or receiver is a necessary party to suit
B. The official assignee or receiver is not a necessary party to suit
C. Either (A) or (B)
D. None of these
Ans. A
27. Which of the following deals with presumption as to foreign judgments in the Code of Civil Procedure?
A. Section 18
B. Section 14
C. Section 19
D. Section 13
Ans. B
28. Which of the following deals with the result of execution proceedings to be certified in the Code of Civil Procedure?
A. Section 43
B. Section 41
C. Section 39
D. Section 52
Ans. B
29. Which of the following deals with resistance to execution in the Code of Civil Procedure?
A. Section 63
B. Section 72
C. Section 59
D. Section 74
Ans. D
30. No further appeal in certain cases under which of the following in the Code of Civil Procedure?
A. Section 100A
B. Section 103B
C. Section 108C
D. Section 102A
Ans. A
31. Which of the following deals with powers of other High Court to make rules as to matters other than procedure in the Code of Civil Procedure?
A. Section 130
B. Section 103
C. Section 124
D. Section 129
Ans. A
32. Which of the following sections of the Code of Civil Procedure has been repealed by s. 3 and Schedule II of the Second Repealing and Amending Act, 1914 (17 of 1914)?
A. Section 145
B. Section 143
C. Section 154
D. Section 156
Ans. D
33. No party to be ordered to appear in persons unless resident under which of the following in the Code of Civil Procedure?
A. Order 7, Rule 3
B. Order 2, Rule 2
C. Order 5, Rule 4
D. Order 4, Rule 8
Ans. C
34. Defendant’s interest and liability to be shown under which of the following in the Code of Civil Procedure?
A. Order 7, Rule 5
B. Order 9, Rule 12
C. Order 6, Rule 10
D. Order 10, Rule 22
Ans. A
35. Which of the following deals with the dismissal of suit where summons not served in consequence of plaintiff’s failure to pay costs in the Code of Civil Procedure?
A. Order 5, Rule 30
B. Order 4, Rule 13
C. Order 6, Rule 10
D. Order 9, Rule 2
Ans. D
36. Which of the following deals with premature discovery in the Code of Civil Procedure?
A. Order 16, Rule 2
B. Order 4, Rule 13
C. Order 11, Rule 20
D. Order 13, Rule 22
Ans. C
37. Which of the following deals with matters to which affidavits shall he confined in the Code of Civil Procedure?
A. Order 19, Rule 3
B. Order 14, Rule 20
C. Order 13, Rule 21
D. Order 11, Rule 7
Ans. A
38. Which of the following deals with security and deposit required on grant of certificate in the Code of Civil Procedure?
A. Order 25, Rule 5
B. Order 31, Rule 9
C. Order 45, Rule 7
D. Order 9, Rule 10
Ans. C
39. In which of the following way notwithstanding that the former suit was disposed of, a matter will be said to have been ‘heard and finally decided’?
I. Ex parte
II. By dismissal under O. 17 r 3, but not when the dismissal is under O. 16 r 1 for the failure to pay adjournment cost
III. By a decree on an award
IV. By oath tendered under s. 8 of the Indian Oaths Act, 1873
V. By dismissal owing to plaintiff’s failure to adduce evidence at the hearing
A. I, III
B. II, IV, V
C. III, IV, V
D. All of these
Ans. D
40. It was held in Sarjerao v. Government of the Province of Bombay that an act done by a state fell under which of the following heads:
A. Acts which are capable of being done by a private individual
B. Acts which only the Supreme Government can perform such as making treaties and declaring war
C. Matters and questions which are solely in the hands of the government, and that the phrase ‘Act of State’ would compromise the last two heads and not the first
D. All of the above
Ans. D
41. Which of the following deals with reference to High Court in the Code of Civil Procedure?
A. Section 111
B. Section 103
C. Section 108
D. Section 113
Ans: D
42. Which of the following states that orders and notices to be in writing in the Code of Civil Procedure?
A. Section 140
B. Section 142
C. Section 132
D. Section 100
Ans: B
43. Which of the following deals with appearance of one of several plaintiffs or defendants for others in the Code of Civil Procedure?
A. Order 7, Rule 6
B. Order 1, Rule 12
C. Order 13, Rule 5
D. Order 4, Rule 8
Ans: B
44. Which of the following deals with substituted service in the Code of Civil Procedure?
A. Order 5, Rule 20
B. Order 9, Rule 12
C. Order 6, Rule 10
D. Order 10, Rule 8
Ans: A
45. Which of the following deals with the duty of defendant to produce documents upon which relief is claimed or relied upon by him in the Code of Civil Procedure?
A. Order 5, Rule 1
B. Order 4, Rule 13
C. Order 8, Rule 1A
D. Order 10, Rule 22
Ans: C
46. Ascertainment whether allegations in pleadings are admitted or denied is dealt under which of the following in the Code of Civil Procedure?
A. Order 10, Rule 1
B. Order 4, Rule 13
C. Order 6, Rule 10
D. Order 11, Rule 22
Ans: A
47. Which of the following deals with the effect of non- production of documents in the Code of Civil Procedure?
A. Order 16, Rule 2
B. Order 13, Rule 2
C. Order 6, Rule 10
D. Order 16, Rule 22
Ans: B
48. Which of the following deals with the power to require personal attendance of officer of corporation in the Code of Civil Procedure?
A. Order 12, Rule 1
B. Order 10, Rule 9
C. Order 29, Rule 3
D. Order 17, Rule 10
Ans: C
49. Which of the following is true of a District Judge who functions as a Claims Tribunal?
A. He is under the administrative control of the High Court
B. He is subordinate to the High Court under s. 115 of the Code of Civil Procedure
C. The order passed by the Tribunal is revisable under s. 115 of the Code of Civil Procedure
D. All of these
Ans: D
50. Pre-suit interest is preferable to substantive law and can be sub-divided as:
A. Where there is stipulation for the payment of interest at a fixed rate
B. Where there is no stipulation for the payment of interest at a fixed rate
C. Both (A) and (B)
D. None of these
Ans: C
51. A civil revision, at the instance of a litigant is maintainable on satisfaction of which of the following circumstances cumulatively?
A. Impugned order amounts to a case decided. Such order must have been passed by any court subordinate to such High Court. Such order must not be an appealable.
B. There must be allegation of jurisdictional error
C. If the impugned order has been passed in favour of the revision-petitioner then that would have finally disposed of the suit or other proceedings
D. All of these
Ans: D
52. Where a person commits a public nuisance:
A. He is liable to criminal prosecution under the Indian Penal Code, 1860
B. He may be proceeded against under s. 91 of the Code of Civil Procedure
C. He is liable to damages in a suit at the instance of a private individual who suffers special damage by reason of the nuisance
D. All of these
Ans: D
53. Admissions can be of which of the following kinds?
A. Admissions in pleading
B. Admissions by agreement
C. Admissions by notice
D. All of these
Ans: D
54. District means;
A. The local limits of the jurisdiction of a principal Civil Court of original
B. The local limits of the ordinary original civil jurisdiction of a High Court
C. Both (A) and (B)
D. None of these
Ans: C
55. The expression ‘adjustment’ in 0.21, r 2 does not include:
A. The creation or addition of a new a decree, by including something new which is not included in the original claim
B. A stipulation for interest for a period subsequent to the date of the decree
C. Either (A) and (B)
D. None of these
Ans: B
56. A, claiming to be the chela and heir of a deceased mohunt sues B for rent of certain lands forming part of the estate of the mohunt. C claims that he, and not A, is the chela and heir of the deceased and that he is entitled to the rent. C is thereupon jointed as a defendant to the suit. The issues raised are: Whether A or C is the chela and heir of the mohunt? Whether any and if so what rent is due from B? The Court finds that A is the chela and heir of the mohunt. It also finds Rs. 2,500 due by B for rent, and A’s claim is decreed. Subsequently, C sues A for a declaration that he is the chela and heir of the mohunt and claims that as such he is entitled to the whole of the property left by the mohunt. A contends that the question, who is the chela and heir of the deceased, is res judicata.
A. Both the suits was for rent it will be decided against C
B. The former suit was for rent, the entire question of the title to the property of the deceased was not directly and substantially in issue in that suit and it will be decided against C
C. The former suit was for rent, the entire question of the title to the property of the deceased was directly and substantially in issue in that suit and it will be decided against C
D. None of these
Ans: C
57. A agrees to advance Rs. 5,000 to B on a mortgage of B’s property. B advances Rs. 3,000 only. C, who holds a decree against B, seeks to attach the balance of Rs. 2,000 payable by A to B as a debt due by A to B.
A. C cannot attach the balance, for it is not a debt due by A to B
B. C can attach the balance, for it is a debt due by A to B
C. Either (A) or (B)
D. None of these
Ans: A
58. Several creditors, to each of whom separate debts were owing by the same debtor, jointly sued the debtor to avoid a deed of gift executed by the debtor in favour of his daughter, on the ground that it was made fraudulently with the intent to defeat their claims.
A. They could not join as plaintiffs in one suit on the ground that the causes of action were separate and distinct
B. Such a suit could now be properly brought by one or more creditors on behalf of themselves and others under O. 1, r. 8
C. Both (A) and (B)
D. None of these
Ans: C
59. A sues B for specific performance of a contract to sell land and obtain a decree directing B to execute the conveyance and the conveyance is executed. On the basis of the selfsame contract he, thereafter, sues B for possession of the land.
A. The second suit is barred under O 2, r 2
B. If the contract for sale did not provide for a being out in possession by B, it could not be barred
C. Both (A) and (B)
D. None of these
Ans: C
60. A dies intestate and in debt to B. C takes out administration to A’s effect and B buys part of the effects from C. In a suit for the purchase-money by C against B the latter cannot set-off the debt against the price for:
A. C fills the character of a vendor to B in which he sues B
B. C fills the character of a representative to A
C. Both (A) and (C)
D. None of these
Ans: C
61. A sues B to establish his right to the office of mahant. A dies before the decree.
A. The suit abates, for the right claimed is a personal right to an office
B. The suit increases, for the right claimed is a personal right to an office
C. Either (A) or (B)
D. None of these
Ans: C
62. In a suit, A mortgages certain property to B which was then in possession of X, and agrees of deliver possession thereof B after recovering possession thereof from X. A recovers possession of the property from X, but does not deliver possession thereof to B. B sues A for possession, and a decree for costs, B applies for attachment and sale of the mortgaged property. Is B entitled to the order applied for attachment and sale of the mortgaged property?
A. Yes, for the claim in respect of costs is not a ‘claim arising under the mortgage’ within the meaning of O. 34, r 14. It arises under the decree passed for costs
B. No, for the claim in respect of costs is a ‘claim arising under the mortgage’ within the meaning of O. 34, r 14. It arises under the decree passed for costs
C. No, for the claim in respect of costs is a ‘claim arising under the mortgage’ within the meaning of O. 34, r 14. It does not arise under the decree passed for costs
D. None of these
Ans: A
63. Which of the following deals with summons to defendants in the Code of Civil Procedure?
A. Section 27
B. Section 20
C. Section 22
D. Section 25
Ans: A
64. Which of the following deals with partition of estate or separation of share in the Code of Civil Procedure?
B. Section 50
C. Section 59
D. Section 54
Ans: D
65. Which of the following deals with definitions of “foreign State” and “Ruler” in the Code of Civil Procedure?
A. Section 90C
B. Section 88B
C. Section 92A
D. Section 87A
Ans: D
66. Which of the following deals with review in the Code of Civil Procedure?
A. Section 114
B. Section 103
C. Section 108
D. Section 100
Ans: A
67. Which of the following deals with postage in the Code of Civil Procedure?
A. Section 140
B. Section 148
C. Section 143
D. Section 100
Ans: C
68. Which of the following deals with objections as to misjoinder or misjoinder in the Code of Civil Procedure?
A. Order 6, Rule 1
B. Order 2, Rule 2
C. Order 1, Rule 13
D. Order 4, Rule 8
Ans: C
69. Which of the following deals with service of summons where defendant resides within jurisdictions of another Court in the Code of Civil Procedure?
A. Order 7, Rule 14
B. Order 9, Rule 12
C. Order 5, Rule 21
D. Order 10, Rule 8
Ans: C
70. Which of the following deals with evasive denial in the Code of Civil Procedure?
A. Order 5, Rule 30
B. Order 4, Rule 13
C. Order 6, Rule 10
D. Order 8, Rule 4
Ans: D
71. A revision under section 115 shall not operate as a stay of suit or other proceeding before the court except where such suit or other proceeding is stayed by:
(a) the High Court
(b) the Supreme Court
(c) the Appellate Court
(d) District and Sessions Court.
Ans. (a)
72. The court can enlarge the time under section 148 of CPC for doing any act prescribed or allowed under the Code of Civil Procedure, not exceeding in total:
(a) 90 days
(b) 60 days
(c) 45 days
(d) 30 days.
Ans. (d)
73. Under Order IV, Rule 1, sub-rule (1) of CPC, a suit is instituted when:
(a) a plaint is presented to the court
(b) a plaint in duplicate is presented to the court
(c) a plaint in triplicate is presented to the court
(d) either (a) or (b) or (c).
Ans. (b)
74. A defendant under Order V, Rule 1(1) of CPC is required to appear, answer the claim and to file the written statement:
(a) within 60 days from the date of service of summons
(b) within 45 days from the date of service of summons
(c) within 30 days from the date of service of summons
(d) within 90 days from the date of service of summons.
Ans. (c)
75. 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.
Ans. (a)
76. Summons to the defendant under Order V, Rule 9(1) of CPC, can be delivered for the purposes of serving the same on the defendant, to a courier services as:
(a) approved by the defendant
(b) approved by the court
(c) approved by the plaintiff
(d) either (a) or (b) or (c).
Ans. (b)
77. Under section 32 of CPC, to compel the attendance of a person to whom a summon has been issued under section 30 of CPC, the court is empowered to:
(a) issue a warrant for his arrest
(b) attach and sell his property
(c) impose a fine not exceeding Rs.5,000
(d) either (a) or (b) or (c).
Ans. (d)
78. Under Order VI, Rule 17 at any stage of proceedings the court can allow to alter or amend pleadings to:
(a) either party
(b) to plaintiff only
(c) to defendant only
(d) to only one defendant if there are more than one defendant
Ans. (a)
79. The expenses for the service of summons to the defendant have to be borne, under Order V, Rule 9(3) of CPC, by:
(a) the plaintiff
(b) the court
(c) the defendant
(d) partly by the plaintiff and partly by the defendant.
Ans. (a)
80. The court can reject the plaint under Order VII, Rule 11(e) of CPC, if it is not filed in:
(a) triplicate
(b) duplicate
(c) quadruplicate
(d) only (c) and not (a) or (b).
Ans. (b)
81. 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 CPC, at the hearing of the suit:
(a) the same shall not be received in evidence on behalf of the plaintiff
(b) the same shall not be received in evidence on behalf of the defendant
(c) the same shall not be received in evidence on behalf of either party
(d) the same shall not be received in evidence on behalf of a third party.
Ans. (a)
82. Order VIII, Rule 1 mandates that the defendant shall file the written statement of his defence within:
(a) 90 days from the date of service of summons
(b) 60 days from the date of service of summons
(c) 30 days from the date of service of summons
(d) 10 days from the date of service of summons.
Ans. (c)
83. The provisions of Order VIII, Rule 1 of CPC are:
(a) directory being procedural
(b) mandatory though procedural
(c) optional under all circumstances
(d) discretionary under all circumstances.
Ans. (a)
84. The time schedule contained in Order VIII, Rule 1 of CPC is to be:
(a) followed as a rule and departure therefrom shall also be a rule
(b) followed as a rule and departure therefrom would be an exception
(c) followed as a rule and there is no scope for any departure therefrom
(d) followed as an absolute rule as it imposes an embargo on the power of the court to extend the time.
Ans. (b)
85. A prayer for extension of time beyond the period of 90 days prescribed under Order VIII, Rule 1 of CPC for filing the written statement is to be:
(a) granted just as a matter of routine
(b) granted ordinarily
(c) granted on sufficient cause being shown by the defendant
(d) granted only for exceptional circumstances occasioned by reasons beyond the control of the defendant.
Ans. (d)
86. A prayer for extension of time beyond the period of 90 days for filing the written statement:
(a) can be oral
(b) has to be in writing
(c) can be either oral or in writing
(d) Neither (a) nor (b), as the time cannot be extended beyond 90 days.
Ans. (b)
87. For the purpose of section 39 of CPC 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:
(a) in which such decree was passed
(b) to which such decree has been transferred from other court
(c) such decree was pending
(d) none of the above.
Ans. (a)
88. The rule of rateable distribution of the proceeds of execution sale amongst decree holders is contained in:
(a) section 73 of CPC
(b) section 74 of CPC
(c) section 75 of CPC
(d) section 76 of CPC.
Ans. (a)
89. Supreme Court in case of Union of India v. Somasundaram Mills (P) Ltd. held that under section 73 of CPC, the debts due to the State:
(a) stand on equal footing with all other debts
(b) are to be paid only after payment of all other debts
(c) are entitled to priority over all other debts
(d) either (a) or (b).
Ans. (c)
90. A plaint can be rejected:
(a) under Order VII, Rule 10 of CPC
(b) under Order VII, Rule 10A of CPC
(c) under Order VII, Rule 11 of CPC
(d) all the above.
Ans. (c)
91. The power under Order VII, Rule 11 of CPC can be exercised:
(a) before registering the plaint
(b) after issuance of summon to the defendant
(c) at any stage before the conclusion of trial
(d) either (a) or (b) or (c).
92. For an application under Order VII, Rule 11:
(a) the averments in the plaint are germane and the plea taken by the defendant in the written statement are wholly irrelevant
(b) the averments in the plaint are germane and the pleas taken by the defendant in the written statement are also to be considered
(c) 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).
Ans. (a)
93. Under Order VII, Rule 11 of CPC:
(a) part only of the plaint can be rejected
(b) whole of the plaint is to be rejected
(c) part only of the plaint or the whole plaint can be rejected
(d) it is the discretion of the court to reject the plaint in part.
Ans. (b)
94. In case the suit has been instituted in a court having no jurisdiction, territorial or pecuniary, the plaint is liable to be:
(a) returned
(b) rejected
(c) may be returned or may be rejected
(d) only (b) & not (a).
Ans. (a)
95. On rejection of a suit under Order VII, Rule 11 of CPC, a fresh suit on the same cause of action under Order VII, Rule 13 of CPC:
(a) is barred under all circumstances
(b) is not barred at all
(c) can be filed with the leave of the court
(d) either (b) or (c).
Ans. (b)
96. Several persons can be joined as plaintiffs, in cases:
(a) where right arises out of the same act, in favour of such person
(b) where any common question of law is involved
(c) both (a) & (b)
(d) either (a) or (b).
Ans. (c)
97. Several persons can be joined as defendants in cases:
(a) where right arises out of the same act against such persons
(b) where any common question of law is involved
(c) both (a) & (b)
(d) either (a) or (b).
Ans. (c)
98. Multifariousness in a suit results due to:
(a) misjoinder of parties
(b) misjoinder of cause of action
(c) misjoinder of parties and misjoinder of cause of action
(d) either misjoinder of parties or misjoinder of cause of action.
99. 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) & (b)
(d) neither (a) nor (b).
100. On account of mis-joinder or non-joinder of parties, under Order I, Rule 9 of CPC, the suit is:
(a) liable to be dismissed
(b) cannot be dismissed
(c) may be dismissed or may not be dismissed as per the discretion of the court
(d) either (a) or (b).
101. Objection as to the non-joinder or mis-joinder of parties under Order I, Rule 13 of CPC:
(a) can be taken at any stage of the proceedings
(b) can be taken at the earliest possible opportunity
(c) can be taken in appeal or revision for the first time
(d) either (a) or (b) or (c).
102. A suit is bad for non-joinder of a necessary party, as provided:
(a) under Order I, Rule 10 of CPC
(b) under Order I, Rule 9 of CPC
(c) under Order I, Rule 10A of CPC
(d) under Order I, Rule 11 of CPC.
103. A suit in representative capacity can be filed by virtue of:
(a) under Order I, Rule 8 of CPC
(b) under Order I, Rule 9 of CPC
(c) under Order I, Rule 8A of CPC
(d) under Order I, Rule 10A of CPC.
104. A suit filed in representative capacity can be withdrawn, compromise & abandoned etc. by the plaintiff:
(a) without notice to all the persons interested
(b) after notice to all the persons interested
(c) both (a) & (b)
(d) either (a) or (b).
105. A person can be made a party in the suit either as a plaintiff or a defendant:
(a) under Order I, Rule 8A of CPC
(b) under Order I, Rule 10 of CPC
(c) under Order X, Rule 1 of CPC
(d) under Order X, Rule 8 of CPC.
106. The word ‘acts’ in Order III, Rules 1 & 2 of CPC:
(a) 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 instead of the principal
(b) 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
(c) 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
(d) is confined only to deposing in place and instead of the principal.
107. A necessary party is one in whose:
(a) absence no order can be made effectively
(b) absence an order can be made but whose presence is necessary for the complete decision of the case
(c) both (a) & (b)
(d) absence an order can be made and whose presence is not necessary for the complete decision of the case.
108. In a suit, the list of witnesses has to be filed by the parties:
(a) before settlement of issues
(b) after settlement of issues
(c) at any time
(d) all the above.
109. 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 CPC
(b) dismissed for non-prosecution under Order IX, Rule 2 of CPC
(c) either (a) or (b)
(d) only (b) and not (a).
110. Court can direct the parties to opt for any one mode of alternative dispute resolution under:
(a) Order X, Rule 1A of CPC
(b) Order X, Rule IB of CPC
(c) Order XI, Rule 1 of CPC
(d) Order XI, Rule 2 of CPC.
Ans. (a)