Question 1

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?

Accepted Answer

A) Order 5, Rule 1 
B) Order 4, Rule 13 
C) Order 8, Rule 1A 
D) Order 10, Rule 22

Question 2

Which of the following deals with partition of estate or separation of share in the Code of Civil Procedure?

Accepted Answer

A) Section 43 
B) Section 50 
C) Section 59 
D) Section 54

Question 3

An Order Means

Accepted Answer

A) The formal expression of any decision of Criminal Court 
B) The formal expression of any decision of Civil Court which is not a decree 
C) The formal expression of any decision of Civil Court that is a proper decree 
D) The informal expression of any decision of Criminal Court

Question 4

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. Are covers 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?

Accepted Answer

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) No claim arising from mortgage

Question 5

No further appeal in certain cases under which of the following in the Code of Civil Procedure?

Accepted Answer

A) Section 100A 
B) Section 103B 
C) Section 108C 
D) Section 102A

Question 6

The provisions of Order VIII, Rule 1 of CPC are:

Accepted Answer

A) directory being procedural 
B) mandatory though procedural 
C) optional under all circumstances 
D) discretionary under all circumstances.

Question 7

Which of the following deals with the power to require personal attendance of officer of corporation in the Code of Civil Procedure?

Accepted Answer

A) Order 12, Rule 1 
B) Order 10, Rule 9 
C) Order 29, Rule 3 
D) Order 17, Rule

Question 8

Which of the following deals with the effect of non- production of documents in the Code of Civil Procedure?

Accepted Answer

A) Order 16, Rule 2 
B) Order 13, Rule 2 
C) Order 6, Rule 10 
D) Order 16, Rule 22

Question 9

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:

Accepted Answer

A) non-joinder 
B) mis-joinder 
C) rejoinder 
D) de joinder

Question 10

Multifariousness in a suit results due to:

Accepted Answer

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.

Question 11

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)?

Accepted Answer

A) Section 145 
B) Section 143 
C) Section 154 
D) Section 156

Question 12

Which of the following deals with service of summons where defendant resides within jurisdictions of another Court in the Code of Civil Procedure?

Accepted Answer

A) Order 7, Rule 14 
B) Order 9, Rule 12 
C) Order 5, Rule 21 
D) Order 10, Rule 8

Question 13

The rule of rateable distribution of the proceeds of execution sale amongst decree holders is contained in:

Accepted Answer

A) section 73 of CPC 
B) section 74 of CPC 
C) section 75 of CPC 
D) section 76 of CPC.

Question 14

The time schedule contained in Order VIII, Rule 1 of CPC is to be:

Accepted Answer

A) followed as a rule and departure there from shall also be a rule 
B) followed as a rule and departure there from would be an exception 
C) followed as a rule and there is no scope for any departure there from 
D) followed as an absolute rule as it imposes an embargo on the power of the court to extend the time.

Question 15

Under Order VI, Rule 17 at any stage of proceedings the court can allow to alter or amend pleadings to:

Accepted Answer

A) either party 
B) to plaintiff only 
C) to defendant only 
D) to only one defendant if there are more than one defendant

Question 16

Under Order VII, Rule 11 of CPC:

Accepted Answer

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.

Question 17

Which of the following deals with postage in the Code of Civil Procedure?

Accepted Answer

A) Section 140 
B) Section 148 
C) Section 143 
D) Section 100

Exam 3: Civil Procedure Code (CPC): Part C