Objective questions and answers on the code of civil procedure especially compiled for UPSC, civil services, IAS and Indian judicial service examinations!
1. A, alleging that B held certain lands form him under a lease and that the lease had expired, sues B to recover Rs 500 for use and occupation of the land by B after expiration of the lease. The defence is that the lease is a subsisting lease, and the suit is dismissed on a finding to that effect.
A. A subsequent suit by A to recover Rs 500 as rent payable under the lease is barred
B. A subsequent suit by A to recover Rs 500 as rent payable under the lease is not barred
C. Either (A) or (B)
D. None of these
Ans. B
2. In a suit by A against B for ejectment, B contends- (a) that no notice to quit was given; and (b) that the land being majhes land, he is not liable to be evicted at all. The suit is dismissed on a finding that no notice to quit was given. The court, however, also finds that the land is not majhes land. A afterward sues B to evict him from the land after giving notice to B. B contends that the land is majhes land and that he is not liable to be evicted. The finding in the first suit was that the land was not majhes land and that he is not liable to be evicted.
A. The first suit must be upheld because of the finding in A’s favour that the land was not majhes land
B. The first suit must be dismissed in spite of the finding in A’s favour that the land was not majhes land
C. Either (A) or (B)
D. None of these
Ans. B
3. A Mahommedan wife sues her husband to recover property belonging to her including government paper of the value of Rs 10,000 and a decree is passed in her favour. She afterwards sues the husband to recover from him the government paper of the value of Rs 500, alleging that she omitted to include it in the previous suit by an oversight.
A. The suit cannot be barred, for it was a genuine oversight and she was not aware of her claim when she brought the previous suit
B. The suit is barred, for she was aware of her claim when she brought the previous suit
C. The suit is barred, for such act of omission is an offence
D. None of these
Ans. B
4. A obtained a decree for partition. Thereafter within three years of recovery of possession, he sued for rendition of accounts and for the recovery of amounts due from the defendant.
A. The second suit is barred under O 2, r 2
B. The second suit is barred under s. 11 explanation 4 (constructive res judicata)
C. Both (A) and (B)
D. None of these
Ans. D
5. A sues B and his minor sons C and D, members of a joint Hindu family, to recover Rs. 1,000 alleged to have been advanced to B as manager of the family. None of the defendants appears at the hearing, and an ex part decree is passed against all the three. All the three defendants apply to have the decree set aside. As to C and D, it is proved that no summons was served upon them. As to B, it is proved that the summons was duly served upon him. Here the decree being one and indivisible:
A. The court may set aside the decree not only as against C and D
B. The court may set aside the decree against B
C. Both (A) and (B)
D. None of these
Ans. C
6. A filed a suit for specific performance of a contract to sell lands belonging to a Hindu joint family, against B, C and D, as its representatives. Pending the suit, B died. Under the Hindu Succession Act 1956, B is to be deemed to have been partitioned on his death, and his heirs were his widow, sons and daughters. A, failed to bring them all on record.
A. The suit as against B abates against B.
B. The suit can proceed against C and D
C. Both (A) or (B)
D. None of these
Ans. C
7. Which of the following deals with stay of suit in the Code of Civil Procedure?
A. Section 16
B. Section 10
C. Section 13
D. Section 12
Ans. B
8. Which of the following deals with definition of Court which passed a decree in the Code of Civil Procedure?
A. Section 37
B. Section 39
C. Section 22
D. Section 31
Ans. A
9. Suit against purchaser not maintainable on ground of purchase being on behalf of plaintiff is dealt under which of the following in the Code of Civil Procedure?
A. Section 63
B. Section 50
C. Section 59
D. Section 66
Ans. D
10. Decision where appeal heard by two or more Judges is dealt under which of the following in the Code of Civil Procedure?
A. Section 98
B. Section 95
C. Section 88
D. Section 99
Ans. A
11. Which of the following deals with rules to be subject to approval in the Code of Civil Procedure?
A. Section 126
B. Section 103
C. Section 124
D. Section 129
Ans. A
12. Which of the following deals with power to amend decree or order where appeal is summarily dismissed in the Code of Civil Procedure?
A. Section 145A
B. Section 103A
C. Section 148A
D. Section 153A
Ans. D
13. Which of the following deals with the consolidation of suits in the Code of Civil Procedure?
A. Order 7, Rule 3
B. Order 2, Rule 5
C. Order 4A, Rule 1
D. Order 6A, Rule 8
Ans. C
14. Which of the following deals with address for service of notice in the Code of Civil Procedure?
A. Order 5, Rule 30
B. Order 9. Rule 12
C. Order 1, Rule 10
D. Order 6, Rule 14A
Ans. D
15. Which of the following deals with the duty of defendant to produce documents upon which relief is claimed by him 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 8A
Ans. D
16. Which of the following deals with the notice to produce in the Code of Civil Procedure?
A. Order 16, Rule 2
B. Order 4, Rule 13
C. Order 11, Rule 16
D. Order 13, Rule 22
Ans. C
17. Which of the following deals with the right to begin in the Code of Civil Procedure?
A. Order 12, Rule 5
B. Order 18, Rule 1
C. Order 19, Rule 21
D. Order 11, Rule 7
Ans. B
18. Which of the following deals with the Power of Court to direct that the appeal be heard on the question formulated by it in the Code of Civil Procedure?
A. Order 25, Rule 5
B. Order 42, Rule 2
C. Order 22, Rule 18
D. Order 9, Rule 10
Ans. B
19. For application of doctrine of res judicata between co- defendants, which of the following conditions must be satisfied?
I. There must be a conflict of interest between the defendants concerned
II. It must be necessary to decide the conflict in order to give the relief which the plaintiff claims
III.The question between the defendant must have been finally decided
IV. The co-defendants were the necessary or proper party in the former suit
A. I, III
B. II, IV
C. Ill, IV
D. All of these
Ans. D
20. In which of the following manners section 64 differs from the corresponding section 276 of the Code of Civil Procedure, 1882?
A. The words ‘by actual seizure or by written order duly intimated and made known in manner aforesaid’ after the words ‘where an attachment has been made’ in section 276 have omitted as being mere surplus age
B. The words ‘during the continuance of the attachment’ which occurred in section 276, have been omitted, and the words ‘contrary to such attachment’ have been substituted for them
C. The explanation to the section is new
D. All of these
Ans. D
21. Which of the following is true of ss. 151 to 153 of the Code of Civil Procedure?
A. They do not authorise the correction of a judgment alleged to be wrong on the merits
B. The only way to sought correction of a judgment is through an appeal
C. Both (A) or (B)
D. None of these
Ans. C
22. Which of the following principles underlying O. 2, r 2 has been summed up in Mohammad Khalil Khan v. Mahboob Ali Mian by the Privy Council?
I. The correct test in the cases falling under O. 2, r 2 is ‘whether the claim in the new suit is in fact founded upon a cause of action distinct from that which was the foundation for the suit’
II. The cause of action means every fact which will be necessary for the plaintiff to prove if traversed in order to support his right to the judgment
III. If the evidence to support the two claims is different, then the causes of action are also different
IV. The causes of action in the two suits may be considered to the same if in substance they are identical
V. The cause of action has no relation whatever to the defence that may be set up by the defendant nor does it depend upon the character of the relief prayed for by the plaintiff
A. I, II, IV
B. Ill, IV
C. II, V
D. All of these
Ans. D
23. In Nirmal Chandra v. Khandu Ghose, the Calcutta High Court summarised the position of the decree against the minor being liable to be set aside in which of the following ways under Order 32?
I. Even in the absence of fraud or of prejudice, it is open to a minor to bring a suit for a declaration that a decree passed in the previous suit is not binding on him on the mere ground that he was not represented accordingly to law in the suit in which the decree had been posted
II. When a proper person has been appointed with the sanction of the Court and in compliance with the mandatory provisions of law, to act as guardian ad litem not causing any prejudice, such as the absence of a formal order of appointment, by reason of the doctrine of effective representation
III. The foregoing doctrine has no application where the Court has not considered any proposal for the appointment of a guardian as ad litem
IV. The provisions of sub-r (4) of r (3) and sub-r (3) of r (4) are (as they stood then) mandatory, and a decree obtained against a minor in complete disregard of these provisions is without jurisdiction and void ab initio
V. The consent referred to in sub-r (3), of r 4 as it obtains in West Bengal means express consent
A. I, III, IV
B. II, IV
C. Ill, IV, V
D. All of these
Ans. D
24. The words ‘two months’ in sub-s (1) of s. 80 of the Code of Civil Procedure means:
A. 60 days
B. Month-wise calculated period
C. Either (A) or (B)
D. None of these
Ans. B
25. The words ‘carries on business’ used in s. 19 of the Code of Civil Procedure means:
A. Commercial business
B. Personal business
C. Either (A) or (B)
D. None of these
Ans. A
26. A, alleging that he mortgaged certain lands to B with possession, sues B for redemption, the suit being brought by him as mortgagor. The mortgage is not proved, and the suit is dismissed. A then sues B for possession of the same lands claiming them as absolute owner thereof.
A. The suit is barred
B. The suit is not barred
C. Either (A) or (B)
D. None of these
Ans. B
27. A sues B for possession of certain lands after the expiry of a lease granted by him to B. B pleads- (i) an occupancy right; and (ii) that the suit is premature as he (B) had a right of renewal. The trial judge finds that there was no occupancy right, but that the suit was premature and is dismissed. A files an appeal in the High Court. B files a cross-objection to the finding against him, namely, that he had no occupancy.
The High Court affirms the decree on the ground that the suit was premature and upon the cross- objection affirms the finding that B had no occupancy right. After some years A, after giving notice to B, again sues B for possession. B again pleads an occupancy right. A contends that the finding of the High court in the previous suit that B had no occupancy right is res judicata.
A. The finding is not res judicata
B. B having succeeded in the plea that the suit was premature
C. B had no occasion to go further as to the finding against him
D. All of these
Ans. D
28. A and his adoptive mother B execute in favour of C and deed of gift of property X, which is invalid for want of attestation. A sues B to recover all the property of his adoptive father including property X. He joins in the suit C to whom B had improperly alienated passed against B for all the property including X and Y. A decree is passed after contest against C for property Y. No decree is passed against C for property X and when A attempts to take possession of X he is resisted by C. A than sues C for possession of X.
A. The suit is not barred
B. The suit is barred for the omission to claim this relief against C in the previous suit is an offence
C. The suit is barred for the omission to claim this relief against C in the previous suit
D. None of these
Ans. C
29. The plaintiff, as adopted son, claimed, on the death of his father, a share on the basis of an alleged prior compromise, but failed, later he claimed the whole property as adopted son.
A. The second suit is barred under O 2, r 2
B. The second suit is barred under s. 11 explanation 4 (constructive res judicata)
C. Both (A) and (B)
D. None of these
Ans. C
30. X, alleging that A and B are in joint possession of certain immovable property sues A and B, asks for a declaration that he is in joint possession with them. A is served with the summons, but B is not. None of the defendant appears at the hearing, and a decree ex parte is passed against both the defendants. B applies to have the decree set aside, and it is set aside as against him, but not as against A. At the hearing, B establishes that X has no title whatever to the property.
A. The decree against A must be set aside
B. The decree against B must be set aside
C. Both (A) and (B)
D. None of these
Ans. C
31. A reversionary filed a suit to recover possession of properties from the defendants, who held under different alienations from the widow of the last male holder. One of them died and the application to bring his legal representatives was dismissed as barred by limitation.
A. The suit abates only as against him
B. The suit abates as against the other defendants
C. Both (A) and (B)
D. None of these
Ans. A
32. Which of the following deals with res judicata in the Code of Civil Procedure?
A. Section 10
B. Section 13
C. Section 11
D. Section 16
Ans. C
33. Court by which decree may be executed is dealt under which of the following in the Code of Civil Procedure?
A. Section 28
B. Section 38
C. Section 40
D. Section 25
Ans. B
34. Which of the following deals with the power for State Government to make rules as to sales of land in execution of decrees for payment of money in the Code of Civil Procedure?
A. Section 67
B. Section 50
C. Section 59
D. Section 52
Ans. A
35. No decree to be reversed or modified for error or irregularity not affecting merits or jurisdiction under which of the following in the Code of Civil Procedure?
A. Section 90
B. Section 99
C. Section 88
D. Section 80
Ans. B
36. Which of the deals with the publication of rules in the Code of Civil Procedure?
A. Section 122
B. Section 127
C. Section 124
D. Section 129
Ans. B
37. Which of the following deals with the place of trial to be deemed to be open Court in the Code of Civil Procedure?
A. Section 153B
B. Section 170B
C. Section 148A
D. Section 155B
Ans. A
38. Which of the following deals with summons in the Code of Civil Procedure?
A. Order 7, Rule 3
B. Order 2, Rule 2
D. Order 5, Rule 1
Ans. D
39. Which of the following deals with the particulars to be contained in plaint in the Code of Civil Procedure?
A. Order 7, Rule 1
B. Order 9, Rule 12
C. Order 6, Rule 10
D. Order 10, Rule 22
Ans. A
40. Which of the following deals with subsequent pleading in the Code of Civil Procedure?
A. Order 8, Rule 9
B. Order 4, Rule 13
C. Order 6, Rule 10
D. Order 10, Rule 22
Ans. A
41. A sues B in the court of second class subordinate judge for an account and values his suit for a court fee at Rs. 130. Under s 8 of the Suits Valuation Act, 1887, the value of the subject matter of the suit is Rs. 130. The parties arrive at a compromise whereby the first defendant is to pay Rs. 6,000 and the second defendant Rs. 5,000 to the plaintiff.
A. The court may pass a decree in terms of the compromise, although it has jurisdiction limited to suits of which the value of the subject matter does not exceed Rs. 5,000
B. The forum of appeal also is determined by the value of the suit and not by the amount decreed
C. Both (A) and (B)
D. None of these
Ans: C
42. A delivers goods to his agent, B, for sale. B sells the goods, and receives the sale proceeds. The sale proceeds in the hands of B constitute a ‘debt’ due to A.
A. They may, therefore, be attached while in B’s hands in execution of a decree against A
B. They may not be attached while in B’s hands in execution of a decree against A
C. Either (A) or (B)
D. None of these
Ans: A
43. A, a Mohameddan heir, sued to recover his share of inheritance from the widow of the deceased who was in possession of her husband’s estate in lieu of dower. A’s suit was decreed subject to the payment of Rs. 35,223 less the profits of the property in the possession of the widow from the date of the decree of the date of delivery of possession. More than 20 years later A’s legal representative sued the representatives of the widow alleging that the amount of the decree had been satisfied out of the representatives of the widow alleging that the amount of the decree had been satisfied out of the usufruct. The widow’s representatives urged that interest should be added to the decrial amount which was the balance of the dower debt.
A. The claim to interest might and ought to have been made a ground of defence in the first suit
B. It was barred by res judicata in the second suit
C. Both (A) and (B)
D. None of these
Ans: C
44. In a suit, A claiming as his father’s heir, sues B for possession of a certain piece of land. He then sues C, also as his father’s heir for possession of another piece of land.
A. The fact that both pieces of land are claimed by A under the same title precludes A from maintaining separate suits against B and C
B. The fact that both pieces of land are claimed by A under the same title does not preclude A from maintaining separate suits against B and C
C. Either (A) or (B)
D. None of these
Ans: B
45. A alleging that B was the adopted son of C, and that he (A) is the heir of B sues D to recover certain property forming part of the estate of B. The court finds that the adoption of B was not valid. A then contends for the first time in appeal to Privy Council that even if the adoption was not valid, he is entitled to recover the property as the heir of C
A. This is entirely a new case
B. A cannot be permitted in appeal
C. Both (A) and (B)
D. None of these
Ans: C
46. A, B, C, D and E are jointly and severally liable for Rs. 1,000 under a decree obtained by F. A obtains a decree for Rs. 100 against F singly and applies for execution to the Court in which the joint decree is being executed.
A. F may treat his joint-decree as a cross-decree O. 21, r 18
B. F cannot treat his joint-decree as a cross-decree O. 21, r 18
C. Either (A) or (B)
D. None of these
Ans: A
47. A owes B Rs. 100, and is willing to pay him that sum without suit. B claims Rs. 150 and sues A for that amount. On the plaint being filed. A pays Rs. 100 into Court and disputes only his liability to pay the remaining Rs. 50 B accepts Rs. 100 in full satisfaction of his claim.
A. A should have paid the amount sued by B and then filed for the excess amount against B
B. The Court should order him to pay A’s costs
C. Either (A) or (B)
D. None of these
Ans: B
48. Which of the following deals with the general power of transfer and withdrawal in the Code of Civil Procedure?
A. Section 18
B. Section 24
C. Section 22
D. Section 25
Ans: B
49. Which of the following deals with powers of Court to enforce execution in the Code of Civil Procedure?
A. Section 51
B. Section 50
C. Section 45
D. Section 49
Ans: A
50. Persons specially appointed by Government to prosecute or defend on behalf of foreign rulers, is dealt under which of the following in the Code of Civil Procedure?
A. Section 85
B. Section 88
C. Section 92
D. Section 82
Ans: A
51. Which of the following deals with bar of certain appeals in the Code of Civil Procedure?
A. Section 111
B. Section 103
C. Section 108
D. Section 100
Ans: A
52. Assessors in causes of salvage etc. are dealt under which of the following in the Code of Civil Procedure?
A. Section 140
B. Section 103
C. Section 140
D. Section 100
Ans: C
53. Which of the following deals with the power of court to request any pleader to address it in the Code of Civil Procedure?
A. Order 9, Rule 1
B. Order 7A, Rule 2
C. Order 3, Rule 9A
D. Order 1, Rule 10A
Ans: D
54. Person served to sign acknowledgement under which of the following in the Code of Civil Procedure?
A. Order 7, Rule 14
B. Order 9, Rule 12
C. Order 16, Rule 10
D. Order 5, Rule 16
Ans: D
55. Which of the following deals with the inadmissibility of document not produced when plaint filed 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 18
Ans: D
56. Which of the following deals with setting aside decree ex parte against defendant in the Code of Civil Procedure?
A. Order 5, Rule 30
B. Order 4, Rule 9
C. Order 9, Rule 13
D. Order 10, Rule 22
Ans: C
57. Which of the following deals with the notice to produce documents in the Code of Civil Procedure?
A. Order 16, Rule 2
B. Order 4, Rule 13
C. Order 12, Rule 8
D. Order 13, Rule 22
Ans: C
58. Which of the following deals with the suits by or against Government in the Code of Civil Procedure?
A. Order 12, Rule 5
B. Order 10, Rule 9
C. Order 19, Rule 6
D. Order 27, Rule 1
Ans: D
59. Final decree is said to be final in which of the following ways?
A. When the time for appeal has expired without any appeal being filed against the preliminary decree or a matter has been decided by the highest court
B. When as regards the Court passing the decree, the same stand completely disposed off
C. Both (A) and (B)
D. None of these
Ans: C
60. Section 32 of the Code of Civil Procedure contemplates interest payable:
A. From the date of the institution of the suit to the date of decree
B. From date of decree to the date of realisation
C. Both (A) and (B)
D. None of these
Ans: C
61. Which of the following are instances of orders which have been held not to be final orders?
I. An order of Appellate Court reversing the order of the court of first instance refusing to set aside an abatement and directing the lower court to rehear the application
II. An order refusing an application to be brought on the record of a pending appeal as the legal representative of a deceased party
III. An order reversing an order of revenue court returning a plaint for presentation to a civil court
IV. An order refusing to restore an appeal dismissed for default
V. An order overruling a claim of privilege VI. An order holding that an appeal is not time-barred
A. II, III
B. I, IV
C. I, V, VI
D. All of these
Ans: D
62. Dismissal of suit for want of notice under s. 80 of the Code of Civil Procedure is wrong when application under:
A. s. 78(2) is pending for grant of leave
B. s. 80(2) is pending for grant of leave
C. s. 82(2) is pending for grant of leave
D. None of these
Ans: B
63. Interrogatories not allowed may be divided as:
A. A party is not entitled to administer interrogatories for obtaining discovery of facts which constitute exclusively the evidence of his adversary’s case or title
B. A party is not entitled to interrogate as to any confidential communication between his opponent and his legal advisers
C. A party is not entitled to execute interrogatories which would involve disclosures injurious to public interests
D. All of these
Ans: D
64. The expression ‘private affair’ in s. 64 of the Code of Civil Procedure means:
A. A voluntary sale, gift, or mortgage in contravention of the attachment
B. The enforced execution of a conveyance or assignment in obedience to a decree of a court competent to pass it
C. Either (A) and (B)
D. None of these
Ans: A
65. The expression ‘any other act necessary for the progress of the suit’ in O. 17, r 3 means:
A. Any act required to be performed on the motion of the opposite party seeking time
B. Any act required to be performed on the motion of the party seeking time
C. Either (A) or (B)
D. None of these
Ans: B
66. A sues B for the rent due for the year 1907. The defence is that no rent is due.
A. The claim for rent is the matter in respect of which relief is claimed
B. This, therefore, is a matter ‘directly and substantially’ in issue
C. Both (A) and (B)
D. None of these
Ans: C
67. A is bound under a deed to pay a monthly allowance to B for B’s maintenance. C, who holds a decree against B, attaches, in August, the allowance for September.
A. The attachment is not valid, for the allowance can only be attached as a ‘debt’ and the allowance for a debt due to B at the time of attachment in August
B. The attachment is valid, for the allowance can only be attached as a ‘debt’ and the allowance for a debt due to B at the time of attachment in August
C. The attachment is valid, for the allowance cannot be attached as a ‘debt’ and the allowance for a debt due to B at the time of attachment in August
D. None of these
Ans: A
68. One PK filed a suit for a declaration that certain lands belonged exclusively to his father and that he became entitled to them as his heir and prayed for an injunction restraining the defendants from interfering with his possession. The court negative the exclusive titled set up by the plaintiff. Thereafter, PK filed a second suit claiming that he had acquired an exclusive title to the property by adverse possession. This was a plea available to him when he filed the previous suit and it was held that it was constructively res judicata. First suit was filed on the basic the suit property belonged to T, plaintiff’s father and, on this death, plaintiff succeeded to it. The subsequent suit was filed on the basis that T was a mortgagee in possession, and the mortgage not having been redeemed within time, the plaintiffs, as descendants of T, became full owners.
A. The subsequent suit cannot be barred by res judicata
B. The subsequent suit was barred by res judicata
C. The subsequent suit may or may not be barred by res judicata
D. None of these
Ans: B
69. A suit brought by some members of a joint Hindu family against other members of the same family for partition of joint family property.
A. It does not bar a second suit by the same plaintiffs for partition of others property belonging jointly to the family and strangers
B. It bar a second suit by the same plaintiffs for partition of others property belonging jointly to the family and strangers
C. Either (A) or (B)
D. None of these
Ans: A
70. A obtains a decree against X, and after the death of the latter, attaches certain immovable property in execution of the decree. B and C sons of X, sues A for a declaration that the property is a joint family property, and it is not liable to be attached and sold in execution of the decree against the father, on the ground that the debts contracted by their father were for immoral purposes. It is proved that the debts were not incurred for immoral purposes. Thereupon B and C apply to amend the plaint by alleging that they had separated from their father before the date of the decree, and that they were not, therefore, liable to pay the amount of the decree.
A. The amendment cannot be allowed, because the plaintiff’s claim as originally laid was on the footing that there was no partition between them and their father
B. The amendment can be allowed, because the plaintiff’s claim as originally laid was on the footing that there was no partition between them and their father
C. Either (A) or (B)
D. None of these
Ans: A
71. Which of the following is not a decree:
(a) dismissal in default
(b) rejection of a plaint
(c) both (a) & (b)
(d) neither (a) nor (b).
Ans. (a)
72. Order has been defined as a formal expression of any decision of a civil court which is not a decree, under:
(a) section 2(1) of CPC
(b) section 2(14) of CPC
(c) section 2(9) of CPC
(d) section 2(16) of CPC.
Ans. (b)
73. A decree holder has been defined as a person in whose favour a decree has been passed or an order capable of execution has been made, under:
(a) section 2(3) of CPC
(b) section 2(13) of CPC
(c) section 2(4) of CPC
(d) section 2(16) of CPC.
Ans. (a)
74. A decree holder:
(a) need not be a party to the suit
(b) the term is not confined to plaintiff
(c) both (a) & (b)
(d) neither (a) nor (b).
Ans. (c)
75. Foreign court under section 2(5) of CPC means:
(a) a court situated outside India
(b) a court situated outside India and not established under the authority of Government of India
(c) a court situated in India applying foreign law
(d) all the above.
Ans. (b)
76. Judgment under section 2(9) means:
(a) a decree
(b) dismissal of an appeal summarily
(c) statement of grounds of an order or decree
(d) all the above.
Ans. (c)
77. Legal representative under section 2(11) of CPC means a person who is a:
(a) Relative of parties to the suit
(b) co-sharer of the benefits assuming to the parties to the suit
(c) who in law represents the estate of the deceased
(d) all the above.
Ans. (c)
78. ‘A’ dies leaving behind a son X & a married daughter Y, a suit filed by ‘A’, after his death, can be continued by:
(a) ‘X’ alone as legal representative
(b) ‘Y’ alone as legal representative
(c) ‘X’, ‘Y’ and the husband of Y as legal representatives
(d) ‘X’ and ‘Y’ both, as legal representatives.
Ans. (d)
79. A judgment contains:
(a) concise statement of the case
(b) the points for determination
(c) the decision on the points of determinations & the reason thereof
(d) all the above.
Ans. (d)
80. Who amongst the following is not a legal representative:
(a) a trespasser
(b) an intermeddler
(c) a creditor
(d) both (a) & (c).
Ans. (d)
81. ‘Mesne profits’ as defined under section 2(12) means:
(a) those profits which the person in wrongful possession of such property actually received or might have received together with interest
(b) those profits which the person in wrongful possession of property actually received including profits due to improvements made by such person
(c) those profits which the person in wrongful possession of such property actually received or might have received but without any interest on such profits
(d) those profits which the person in wrongful possession of such property actually received.
Ans. (a)
82. Foreign judgment as defined under section 2(6) of CPC means:
(a) judgment given by an Indian Court in respect of foreigners
(b) judgment given by a foreign court
(c) both (a) & (b)
(d) neither (a) nor (b).
Ans. (b)
83. Who amongst the following is not a ‘public officer’ within the meaning of section 2(17) of CPC:
(a) a Judge
(b) a person in service under the pay of Government
(c) Sarpanch of a Gram Panchayat
(d) none of the above.
Ans. (c)
84. Basis of distribution of the jurisdiction of Indian Courts is:
(a) pecuniary jurisdiction
(b) territorial jurisdiction
(c) subject-matter jurisdiction
(d) all the above.
Ans. (d)
85. Court of small causes, under section 3 of CPC is subordinate to:
(a) District Court
(b) High Court
(c) both (a) & (b)
(d) neither (a) nor (b).
Ans. (c)
86. Pecuniary jurisdiction of the court has been dealt with in:
(a) section 3 of CPC
(b) section 4 of CPC
(c) section 5 of CPC
(d) section 6 of CPC.
Ans. (d)
87. Courts have jurisdiction to try all suits of a civil nature excepting suits, the cognizance of which is either expressly or impliedly barred, by virtue of:
(a) section 8 of CPC
(b) section 9 of CPC
(c) section 10 of CPC
(d) section 11 of CPC.
Ans. (b)
88. Which of the following is a right of civil nature:
(a) right to worship in a temple
(b) right to share in offerings in a temple
(c) right to take out procession
(d) all the above.
Ans. (d)
89. Which of the following is not a right of civil nature:
(a) caste & religion
(b) right to services which are honorary and gratuitous
(c) brij jijmam rights
(d) both (a) & (b).
Ans. (d)
90. Jurisdiction of civil court can be barred:
(a) expressly only
(b) impliedly only
(c) either expressly or impliedly
(d) neither expressly nor impliedly.
Ans. (c)
91. Principle of res-subjudice is contained in:
(a) section 10 of CPC
(b) section 11 of CPC
(c) section 13 of CPC
(d) section 14 of CPC.
Ans. (a)
92. Dhulabhai etc. v. State of Madhya Pradesh and another, AIR 1969 SC 78, lays down certain principles regarding the exclusion of jurisdiction of civil courts. Which of the following is not a principle laid down:
(a) where a statute gives a finality to the orders of the special tribunals, the civil courts jurisdiction must be held to be excluded if there is adequate remedy to do what the civil court would normally do in a suit
(b) where there is an express bar of jurisdiction of the court, an examination of the scheme of the particular Act to find out the adequacy or sufficiency of the remedies provided may be relevant but is not decisive to sustain the jurisdiction of the civil court
(c) questions as to the correctness of the assessment apart from its constitutionality are the decisions of the authorities and a civil suit lies even if the orders of the authorities are declared to be final
(d) none of the above.
Ans. (c)
93. Under section 10 of CPC, a suit is liable to be:
(a) stayed
(b) dismissed
(c) rejected
(d) either (a) or (b) or (c).
94. For the application of the principle of res-subjudice, which of the following is essential:
(a) suits between the same parties or litigating under the same title
(b) the two suits must be pending disposal in a court
(c) the matters in issue in the two suits must be directly and substantially the same
(d) all the above.
95. Section 10 of CPC does not apply:
(a) when the previous suit is pending in the same court
(b) when the previous suit is pending in a foreign court
(c) when the previous suit is pending in any other court in India
(d) when the previous suit is pending in a court outside India established or contained by the Central Government.
96. Under the principle of res-subjudice:
(a) the second suit has to be stayed
(b) the previous suit has to be stayed
(c) either (a) or (b) depending on the facts & circumstances of the case
(d) either (a) or (b) depending on the valuation of the suit for the purposes of jurisdiction.
97. Provisions of section 10 of CPC are:
(a) directory
(c) non mandatory
(d) discretionary.
98. Section 10 can come into operation:
(a) before filing of written statement in the subsequent suit
(b) before settlement of issues in subsequent suit
(c) after settlement of issues in subsequent suit
(d) all the above.
99. Doctrine of res-judicata as contained in section 11 of CPC is based on the maxim:
(a) Nemo debet bis vexari pro uno eteadem causa
(b) interest republicae ut sit finis litium
(c) both (a) & (b)
(d) either (a) or (b).
Ans. (c)
100. Principle of res-judicata applies:
(a) between co-defendants
(b) between co-plaintiffs
(c) both (a) & (b)
(d) neither (a) nor (b).
101. Which of the following is not true of res-judicata:
(a) it can be invoked in a separate subsequent proceedings
(b) it can be invoked at a subsequent stage in the same proceedings
(c) it cannot be invoked at a subsequent stage in the same proceedings but only in a separate subsequent proceedings
(d) both (b) & (c).
Ans. (c)
102. As regards res-judicata, it has been stated that the right of an individual is to be protected from multiplication of suits and prosecution at the instance of an opponent whose superior resources & power unless curbed, may render futile judicially declared right and innocence, by:
(a) Spences Bower
(b) Lord Denning
(c) Salmond
(d) Black Stone.
103. Res-judicata applies:
(a) when the matter in former suit is directly & substantially in issue
(b) when the matter in former suit is collaterally & incidentally in issue
(c) both (a) & (b)
(d) neither (a) nor (b).
104. Res-judicata applies:
(a) when the matter is directly & substantially in issue in two suits and should have been decided on merits
(b) when the prior suit is between the same parties or persons claiming under them and litigating under the same title
(c) when the court which determined the earlier suit is competent to try the subsequent suit wherein the issue is subsequently raised
(d) when all (a), (b) & (c) combine.
Ans. (d)