Mock test with questions and answers on the code of civil procedure for law students!
1. Under section 75, a commission can be issued:
(a) to make local investigation
(b) to hold a scientific, technical or expert investigation
(c) to perform any ministerial act
(d) all the above.
Ans. (d)
2. Provisions relating to issuance of commission are contained in:
(a) Order XXVI of CPC
(b) Order XXXII of CPC
(c) Order XXVII of CPC
(d) Order XXVIII of CPC.
Ans. (a)
3. Under section 78 of CPC the commission can be issued for the examination of witness by or at the instance of:
(a) courts situate in any part of India to which the provision of CPC do not extend
(b) courts established outside India by the authority of Central Government
(c) a foreign court
(d) all the above.
Ans. (d)
4. Commission to make local investigation can be issued:
(a) under Order XXVI, Rule 1, CPC
(b) under Order XXVI, Rule 6, CPC
(c) under Order XXVI, Rule 9, CPC
(d) under Order XXVI, Rule 10, CPC.
Ans. (c)
5. Commission to make local investigation cannot be issued for the purposes of:
(a) collecting evidence on a fact
(b) elucidating any matter in dispute
(c) ascertaining the market value of the property
(d) ascertaining the amount of mesne profit.
Ans. (a)
6. Expenses of the commission have to be borne by:
(a) the party at whose instance the commission is issued
(b) the party for whose benefit the commission is issued
(c) both parties in a suit in equal share
(d) either (a) or (b).
Ans. (d)
7. Commission for local investigation can be issued:
(a) ex parte
(b) in the presence of both the parties
(c) only after hearing all the parties
(d) only (a) & (b).
Ans. (d)
8. For instituting a suit against the Government or against a public officer in official capacity, the notice period under section 80 of CPC is:
(a) 3 months
(b) 2 months
(c) 1 month
(d) 15 days.
Ans. (b)
9. Provisions of section 80 of CPC are:
(a) mandatory
(b) directory
(c) discretionary
(d) none of the above.
Ans. (a)
10. Provisions of section 80 of CPC are binding on:
(a) the court of a Civil Judge
(b) the court of District Judge
(c) the High Court
(d) all the above.
Ans. (d)
11. A suit without service of notice under section 80 of CPC can be instituted:
(a) generally, with the leave of the court
(b) in cases where urgent or immediate relief is sought, with the leave of the court
(c) in case where urgent or immediate relief is sought, without the leave of the court
(d) only (a) & (c).
Ans. (b)
12. In cases of urgent or immediate relief, where leave to investigate the suit without service of notice under section 80 of CPC has been granted:
(a) no interim or otherwise, ex parte relief can’ be granted
(b) interim or otherwise ex parte relief can be granted generally
(c) interim or otherwise ex parte relief may be granted under certain circumstances
(d) either (a) or (c)
Ans. (a)
13. Foreign Rulers, Ambassadors & Envoys, under section 86 of CPC:
(a) cannot be sued in Indian Courts
(b) can be sued in Indian Courts without the consent of the Central Government
(c) can be sued in Indian Courts only with the written consent of the Central Government
(d) either (a) or (b)
Ans. (c)
14. Interpleader suit has been defined:
(a) under section 88 of CPC
(b) under section 89 of CPC
(c) under section 90 of CPC
(d) under section 91 of CPC.
Ans. (a)
15. In an interpleader suit, the plaintiff claims:
(a) interest in the subject matter of the suit
(b) no interest in the subject matter of the suit except charges or costs
(c) no interest in the subject matter of the suit also not claims charges or costs
(d) only (a) and not (b) or (c).
Ans. (b)
16. In an interpleader suit, there:
(a) are several claimants claiming the property adverse to each other
(b) is only one claimant claiming the property against the other
(c) are several claimants claiming the property under common interest of all
(d) either (a) or (b) or (c).
17. Provisions relating to interpleader suit are contained in:
(a) Order XXII of CPC
(b) Order XXXIV of CPC
(c) Order XXXV of CPC
(d) Order XXXVI of CPC.
Ans. (c)
18. Suits for declaration & injunction in respect of public nuisances under section 91 of CPC, can be instituted by:
(a) an individual without the leave of the court
(b) an individual with the leave of the court
(c) two or more persons without the leave of the court
(d) two or more persons with the leave of the court.
Ans. (d)
19. Public nuisance within the meaning of section 91 of CPC is:
(a) nuisance in law
(b) nuisance in fact
(c) both (a) and (b)
(d) either (a) or (b).
Ans. (b)
20. Which of the following can be done under section 94 of CPC:
(a) issuance of warrant of arrest against the defendant
(b) attachment of any property
(c) grant of temporary injunction
(d) all the above.
Ans. (d)
21. A warrant of arrest before judgment against a defendant can be issued under Order XXXVIII, Rule 1 of CPC:
(a) if the defendant has absconded or left the local limits of the jurisdiction of the court
(b) if the defendant is about to abscond or leave the local limits of jurisdiction of the court
(c) if the defendant removes the property outside the local limits of the jurisdiction of the court
(d) all the above.
Ans. (d)
22. Security for appearance can be required to be furnished by the defendant:
(a) under Order XXXVIII, Rule 1 of CPC
(b) under Order XXXVIII, Rule 2 of CPC
(c) under Order XXXVIII, Rule 3 of CPC
(d) under Order XXXVIII, Rule 4 of CPC.
Ans. (b)
23. When the defendant fails to furnish the security demanded from him, he can be detained in prison for a maximum period of:
(a) two weeks
(b) six weeks
(c) six moths
(d) two months.
Ans. (c)
24. In cases where the amount or value of the subject matter of the suit does not exceed fifty rupees, the period of detention under Order XXXVIII, Rule 4 of CPC cannot:
(a) exceed two weeks
(b) exceed six weeks
(c) exceed two months
(d) exceed three months.
Ans. (b)
25. Attachment before judgment can be ordered:
(a) under Order XXXVIII, Rule 1 of CPC
(b) under Order XXXVIII, Rule 3 of CPC
(c) under Order XXXVIII, Rule 5 of CPC
(d) under Order XXXVIII, Rule 7 of CPC.
Ans. (c)
26. Attachment before judgment can be removed under Order XXXVIII, Rule 9 of CPC:
(a) on dismissal of the suit
(b) on furnishing of security required by the defendant
(c) on (a) and (b) both
(d) only (a) & not (b).
Ans. (c)
27. Attachment before judgment, in a suit dismissed in default:
(a) revives automatically on the restoration of the suit
(b) does not revive automatically on the restoration of the suit
(c) may or may not revive depending on the facts & circumstances of the case
(d) neither (a) nor (b).
Ans. (b)
28. Attachment before judgment under Order XXXVIII, Rule 5 of CPC can be in respect of:
(a) movable property
(b) immovable property
(c) both (a) and (b)
(d) only (b) and not (a).
Ans. (c)
29. Attachment of an immovable property can be ordered by:
(a) a civil court of competent jurisdiction only
(b) a court of small causes only
(c) both (a) and (b)
(d) neither (a) nor (b).
Ans. (a)
30. Which of the following cannot be attached before judgment:
(a) agricultural produce
(b) production of agricultural produce
(c) both (a) and (b)
(d) only (b) & not (a).
Ans. (c)
31. In which of the following suits attachment before judgment can be ordered:
(a) suit for possession of immovable property
(b) suit for partition of immovable property
(c) suit for determination of right or interest in immovable property
(d) suit for compensation for wrong to immovable property.
32. Civil Procedure Code provides for:
(a) temporary injunction
(b) permanent injunction
(c) mandatory injunction
(d) all the above.
33. Temporary injunction can be granted:
(a) under Order XXXIX, Rule 1 of CPC
(b) under Order XXXIX, Rule 2 of CPC
(c) under Order XXXIX, Rule 3 of CPC
(d) under Order XXXIX, Rule 4 of CPC.
34. Injunction to restrain repetition or continuance of breach is provided:
(a) under Order XXXIX, Rule 1 of CPC
(b) under Order XXXIX, Rule 2 of CPC
(c) under Order XXXIX, Rule 3 of CPC
(d) under Order XXXIX, Rule 5 of CPC.
35. A temporary injunction can be granted to a party establishing:
(a) a prima facie case in his favour
(b) balance of convenience in his favour
(c) irreparable injury to him in the event of non-grant of injunction
(d) all the above.
36. Temporary injunction can be granted:
(a) ex parte
(b) only after service of notice to the other party
(c) only after hearing both the parties
(d) all the above.
37. Consequences of disobedience or breach of injunction have been provided:
(a) under Order XXXIX, Rule 2A of CPC
(b) under Order XXXIX, Rule 2 of CPC
(c) under Order XXXIX, Rule 3 of CPC
(d) under Order XXXIX, Rule 5 of CPC.
38. Under Order XXXIX, Rule 2A, a person guilty of disobedience or breach can be penalised by:
(a) attachment of property
(b) detention in civil imprisonment
(c) either (a) or (b) or both
(d) only (a) & not (b).
39. Period of detention in civil imprisonment under Order XXXIX, Rule 2A of CPC shall not:
(a) exceed six months
(b) exceed three months
(c) exceed two months
(d) exceed one month.
40. Attachment of property attached shall remain operative under Order XXXIX, Rule 2A of CPC for a period of:
(a) three years
(b) two years
(c) one year
(d) six months.
41. An application for grant of temporary injunction shall be decided, in cases of grant of ex parte temporary injunction, as provided under Order XXXIX, Rule 3A of CPC, within:
(a) thirty days
(b) forty five days
(c) sixty days
(d) ninety days
42. Order XXXIX, Rule 4 of CPC provides for:
(a) discharge of the order of injunction
(b) setting aside of the order of injunction
(c) variation in the order of injunction
(d) all the above.
43. Temporary injunction granted after hearing the parties, shall be operative:
(a) till the final disposal of the suit
(b) till the settlement/framing of issues
(c) till the conclusion of the plaintiff’s evidence
(d) till the completion of pleadings.
44. Appointment of receiver has been dealt with:
(a) under Order XLIV
(b) under Order XLII
(c) under Order XL
(d) under Order XLV.
45. Receiver can be appointed for the purposes of:
(a) protection of rights of the parties to the suit
(b) prevention of injury to the subject matter of the suit
(c) both (a) and (b)
(d) neither (a) nor (b).
46. A receiver is an:
(a) officer of the court
(b) agent of the plaintiff
(c) agent of the defendant
(d) agent of the parties to the suit.
47. A receiver appointed in respect of any property under Order XL of CPC:
(a) has a right to deal with the property, the way he likes generally
(b) has a right to deal with the property only with the leave of the court
(c) has a right to deal with the property without the leave of the court
(d) both (a) & (c).
48. A receiver can be appointed:
(a) during the pendency of proceedings
(b) after the termination of proceedings
(c) both (a) and (b)
(d) either (a) or (b).
49. Appointment of a receiver:
(a) can be claimed as a matter of right
(b) is mandatory
(c) is discretionary
(d) is prohibitory.
50. A receiver:
(a) can be sued generally for acts done in his official capacity by a third party.
(b) cannot be sued at all for acts done in his official capacity by a third party.
(c) can sue and can be sued for acts done in his official capacity by a third party only with the leave of the court appointing him.
(d) can sue without the leave of the court but cannot be sued without the leave of the court appointing him.
51. Which of the following is incorrect:
(a) property in the hands of the receiver cannot be attached without the permission of the court appointing him
(b) receiver can purchase the property in respect of which he has been appointed as receiver
(c) if the receiver fails to account for the gain & loss and loss ensued by his conduct, the loss so occasioned can be made good by attaching and sale of receivers’ personal property
(d) all the above.
52. If anyone interferes with the possession of the receiver appointed under Order XL of CPC, contempt proceedings against such a person can be initiated by:
(a) the court
(b) the receiver or a party to the suit
(c) the receiver only
(d) either (a) or (c).
53. A receiver can be appointed for better custody or management of:
(a) movable property
(b) immovable property
(c) both (a) and (b)
(d) only (b) & not (a).
54. A receiver cannot be appointed:
(a) when no harm is going to be caused to any party by such appointment
(b) when the property is in possession of a party to the suit
(c) both (a) & (b)
(d) neither (a) nor (b).
55. In which of the following suits, a receiver can be appointed:
(a) suit for dissolution of partnership
(b) suit for partition of joint family property
(c) suit for foreclosure or sale of a mortgaged property
(d) only (a) & (c).
56. Notice under section 80 of CPC has to be served on:
(a) the Secretary to the Government
(b) the Deputy Commissioner
(c) the President of India
(d) the Prime Minister of India.
57. Notice under section 80 of CPC, when it relates to railways, has to be served on:
(a) the Secretary, Railways
(b) the Minister, Railways
(c) the General Manager, Railways
(d) either (a) or (b) or (c).
58. A suit through ‘next friend’ can be filed by:
(a) a minor
(b) a lunatic
(c) both (a) & (b)
(d) only (b) & not (a).
59. ‘Next friend’ is:
(a) a local commissioner
(b) a receiver
(c) a person defending a suit on behalf of the minor
(d) a person filing a suit on behalf of a minor.
Ans. (d)
60. ‘Guardian at litem’:
(a) is a person defending a suit on behalf of a minor
(b) a receiver
(c) a local commissioner
(d) all the above.
Ans. (a)
61. 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
62. 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
63. 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
64. 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
65. 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
66. 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
67. 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
68. 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
69. 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
70. 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
71. 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
72. Assessors in causes of salvage etc. are dealt under which of the following in the Code of Civil Procedure?
A. Section 102
B. Section 103
C. Section 140
D. Section 100
Ans. C
73. 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
74. 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
75. 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
76. 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
77. 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
78. 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
79. 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
80. 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
81. 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
82. 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
83. 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
84. 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
85. 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
86. 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
87. 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
88. 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 rejected 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
89. 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
90. 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
91. 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
92. In a case, A applies for leave to sue as a pauper. On the day fixed for the hearing of the application A, alleging that he has succeeded in negotiating a loan for the payment of the Court-fees, pays the necessary Court-fees.
A. The application is thereupon numbered and registered as a plaint.
B. The application for leave to sue as a pauper having been made in good faith, and not on the day on which the Court-fees were paid
C. both (A) and (B)
D. None of these
Ans. C
93. Which of the following deals with the power of Supreme Court to transfer suits, etc. in the Code of Civil Procedure?
A. Section 18
B. Section 20
C. Section 25
D. Section 28
Ans. C
94. Which of the deals with enforcement of decree against legal representative in the Code of Civil Procedure?
A. Section 46
B. Section 52
C. Section 45
D. Section 49
Ans. B
95. Which of the following deals with suits against foreign Rulers, Ambassadors and Envoys in the Code of Civil Procedure?
A. Section 90
B. Section 86
C. Section 92
D. Section 82
Ans. B
96. Which of the following deals with appeals to Federal Court in the Code of Civil Procedure?
A. Section 116
B. Section 111A
C. Section 108
D. Section 100
Ans. B
97. Miscellaneous proceedings are dealt under which of the following in the Code of Civil Procedure?
A. Section 140
B. Section 103
C. Section 132
D. Section 141
Ans. D
98. Which of the following deals with conduct of suit in the Code of Civil Procedure?
A. Order 1, Rule 11
B. Order 12, Rule 2
C. Order 3, Rule 6
D. Order 14, Rule 8
Ans. A
99. Which of the following deals with simultaneous issue of summons for service by post in addition to personal service in the Code of Civil Procedure?
A. Order 7, Rule 14
B. Order 9, Rule 12
C. Order 6, Rule 10
D. Order 5, Rule 19A
Ans. D
100. Which of the following deals with the written Statement in the Code of Civil Procedure?
A. Order 8, Rule 1
B. Order 4, Rule 13
C. Order 6, Rule 10
D. Order 10, Rule 22
Ans. A
101. No decree to be set aside without notice to opposite party under which of the following 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 14
Ans. D
102. Original documents to be produced at or before the settlement of issues under which of the following in the Code of Civil Procedure?
A. Order 13, Rule 1
B. Order 4, Rule 13
C. Order 6, Rule 10
D. Order 9, Rule 22
Ans. A
103. Which of the following deals with officers, soldiers, sailors or airmen cannot obtain leave may authorize any person to sue or defend for them in the Code of Civil Procedure?
A. Order 12, Rule 1
B. Order 28, Rule 1
C. Order 19, Rule 6
D. Order 17, Rule 10
Ans. B
104. Which of the following instances of order are decrees?
I. An order rejecting an application for leave to sue in forma pauperis for no suit has till then been filed
II. An order refusing leave to institute for accounts of religious endowment
III.An order under the Indian Trusts Act, 1882 dismissing an application for the removal of trustee
IV. An order on a settlement case under s. 104 (2) of the Bengal Tenancy Act 3 of 1898 as the proceeding is instituted not by a plaint but by an application
V. An order made on an application to the District Court under s. 84 (2) of the Madras Religious Endowments Act 2 of 1927
A. I, III
B. II, V
C. II, IV, V
D. All of these
Ans. D
105. Interest that may be awarded to a plaintiff in a suit for money according to the period for which it is allowed may be divided as:
A. Interest accrued to the institution of the suit on the principal sum adjudged (as distinguished from the principal sum claimed)
B. Additional interest on the principal sum adjudged, from the date of the suit to the date of decree, ‘at such rate as the court deems reasonable’
C. Further interest on the principal sum adjudged from the date of the decree to the date of the payment or to such earlier date as the court thinks fit, at the rate not exceeding six percent per annum
D. All of these
Ans. D
106. Which of the following instances can be held to be final orders?
I. An order of a High Court dismissing an appeal for the appellant’s failure to furnish order
II. An order that an appeal had abated
III.An order in a revision reversing the dismissal of a suit and restoring it to the file of the lower court when such an order had the effect of reinstating a primary decree
IV. An order refusing an application under s. 45 of the Specific Relief Act 1 of 1877
V. An order passed by a High Court in insolvency proceedings
A. II, III
B. I, IV
C. I, V, VI
D. All of these
Ans. D
107. Under s. 89 the court shall formulate the terms of settlement and give them to the parties for their observations and after receiving the observations of the parties, the court may reformulate the terms of possible settlement and the same for:
I. Arbitration
II. Conciliation
III. Judicial settlement including settlement through Lok Adalat
IV. Mediation
A. I, III
B. II, III
C. Ill, IV
D. All of these
Ans. D
108. The object of discovery is:
A. To elicit admissions
B. To obviate the necessity to produce lengthy evidence
C. To expedite disposal
D. All of these
Ans. D
109. Decree-holder is:
A. Any person in whose favour a decree has been passed
B. An order capable of execution has been made
C. either (A) or (B)
D. None of these
Ans. C
110. The words ‘it appears to the Central Government’ which is the consenting authority in s. 86 of the Code of Civil Procedure makes it clear that:
A. The decision granting the consent is open to question by the court
B. The decision granting the consent is final
C. either (A) or (B)
D. None of these
Ans. B
111. A sues B for rent; B pleads abatement of rent on the ground that the area is less than that entered in the lease. The court finds that the area is greater than that shown in the lease.
A. The finding as to the excess area is not res judicata for it is only ancillary to the direct and substantial issue whether the area is equal to that shown in the lease; or less
B. The finding as to the excess area is res judicata for it is ancillary to the direct and substantial issue whether the area is equal to that shown in the lease; or less
C. The finding as to the excess area is not res judicata for it is ancillary to the direct and substantial issue whether the area is equal to that shown in the lease; or less
D. None of these
Ans. A
112. A agrees to sell his property to B for Rs 2,000 to be paid to A on the execution of the conveyance. The purchase- money payable to A is not a ‘debt’ owing to him by B until the conveyance is executed.
A. It can be attached before the execution of the conveyance in execution of a decree against A
B. It cannot be attached before the execution of the conveyance in execution of a decree against A
C. either (A) or (B)
D. None of these
Ans. B
113. The defendant, the editor and proprietor of a newspaper, published articles which referred to the “Calcutta Police”, without naming individuals. The plaintiffs, six of the members of the Calcutta Police force, jointly sued the editor for damages, alleging that the articles were directed against them, and that they constituted a libel. Here a libel was in the same words, and in the same documents, but of different persons.
A. The plaintiffs could not all be joined in one suit
B. There cannot in such cases be said to be one or the same cause of action
C. both (A) and (B)
D. None of these
Ans. C
114. A sues B for specific performance of an agreement for the sale to him of B’s land, and obtains a decree. In execution of the decree, A is put in possession of a portion only of the land, as it is found that the rest of the land did not belong to B, but to B’s son.
A. A subsequent suit by A against B for recovery of a portion of the price to the extent of the son’s share is not barred under rule 2, the cause of action being the same
B. A subsequent suit by A against B for recovery of a portion of the price to the extent of the son’s share is not barred under rule 2, the cause of action being entirely distinct
C. either (A) or (B)
D. None of these
Ans. B
115. A, a Hindu, claiming as the heir of his uncle, sues the executors of his uncle’s widow for property left by the widow, alleging that the same belonged to the estate of his uncle, and that the widow had no power to dispose it off by will. The court holds that the widow had power to do away the property under the will.
A. A will not be allowed to amend the paint by adding that even if the widow had the power to dispose of the property by her will
B. A was entitled to the residue as his uncle’s heir as the same was left to charitable objects of an unspecified and general character, and could not, therefore, be legally applied to charity
C. both (A) and (B)
D. None of these
Ans. C