Question 1

"Order" means the formal expression of any decision of a Civil Court which is not a decree-

Accepted Answer

A)  section 2(2) 
B)  section 2(12) 
C)  section 2(14) 
D)  section 2(16)  C

Question 2

Among the following which are suits of civil nature-

Accepted Answer

A)  suits for recovery of voluntary payments or offerings
B)  suits involving principally caste questions
C)  suits relating to taking out of religious processions
D)  none of the above C

Question 3

Every______ is appealable-

Accepted Answer

A)  decree
B)  order
C)  both (a)  and (b) 
D)  either (a)  or (b)  A

Question 4

The jurisdiction of the Civil Court is based on-

Accepted Answer

A)  pecuniary jurisdiction
B)  territorial jurisdiction
C)  subject matter jurisdiction
D)  all of the above

Question 5

Mesne profit can be claimed with respect to

Accepted Answer

A)  immovable property only
B)  movable property only
C)  both (a)  and (b)  above
D)  none of the above

Question 6

The words 'rights' in the definition of decree as given under Section 2(2) of the Code, means-

Accepted Answer

A)  substantive rights
B)  procedural rights
C)  both (a)  and (b) 
D)  none of the above

Question 7

Foreign judgment means the judgment of a foreign Court. The term foreign judgment is defined under Section-

Accepted Answer

A)  2
B)  3
C)  6
D)  13

Question 8

The Code of Civil Procedure (Amendment) Act, 1999 as well as the Amendment Act, 2002 were held constitutionally valid in the case of-

Accepted Answer

A)  state of punjab v. sivaram
B)  state of u.p. v. chandra bhushan
C)  anil rai v. state of bihar
D)  salem advocate bar association v. uoi

Question 9

A decree may be executed by

Accepted Answer

A)  court which passed it
B)  court to which sent for execution
C)  appellate court
D)  both (a)  and (b)  above

Question 10

A statement given by Judge on the ground of decree or order is called___

Accepted Answer

A)  plain
B)  written statement
C)  judgment
D)  summons

Question 11

No suit would lie to set aside a decree on objection as to-

Accepted Answer

A)  subject matter jurisdiction of a court
B)  territorial jurisdiction of a court
C)  pecuniary jurisdiction of a court
D)  both (b)  and (c)  above

Question 12

Suits for the recovery of movable property actually under distraint or attachment shall be instituted in the Court within the local limit of whose jurisdiction the-

Accepted Answer

A)  defendant is resides
B)  the plaintiff is resides
C)  property is situate
D)  any of the above

Question 13

Section 9 of the Code confers jurisdiction in-

Accepted Answer

A)  civil matter
B)  political matter
C)  religion matter
D)  either (a)  or (b)  or (c)

Question 14

Doctrine of res sub judice is provided under Section-

Accepted Answer

A)  9
B)  10
C)  11
D)  12

Question 15

Which of the following sections of the Code is intended to prevent two parallel proceedings in respect of same cause of action-

Accepted Answer

A)  section 13
B)  section 11
C)  section 10
D)  section 9

Question 16

Decree includes-

Accepted Answer

A)  any order of dismissal for default
B)  the rejection of a plaint
C)  the determination of any question within section 144
D)  both (b)  and (c)  above

Question 17

A judgment contemplates a stage___ the passing of a decree-

Accepted Answer

A)  simultaneous
B)  prior to
C)  after
D)  any of the above

Question 18

A defendant to a suit against whom no relief is claimed is called

Accepted Answer

A)  co defendant
B)  pro-forma defendant
C)  interveners
D)  none of the above

Question 19

An order rejecting the plaint for non-payment of the court fees is-

Accepted Answer

A)  decree
B)  not a decree
C)  judgment
D)  none of the above

Question 20

The Code of Civil Procedure was enacted on-

Accepted Answer

A)  21/03/1908
B)  21/06/1908
C)  31/12/1908
D)  21/09/1909

Exam 1: Civil Procedure Code (CPC): Part A