Deck 2: Civil Procedure Code (CPC): Part B

Question 1

Under the Code the provision of notice before instituting a suit against the Government is given in-

A)section 82
B)section 80
C)section 79
D)section 78

Answer 1

section 80

Question 2

Inherent powers of the Court can be exercised under the Code-

A)to help the plaintiff
B)to help the defendant
C)for the ends of justice or to prevent abuse of the process of the court
D)to grant interim relief

Answer 2

for the ends of justice or to prevent abuse of the process of the court

Question 3

A residing in Dehradun, beats B in Delhi. B may sue A under the Code-

A)delhi
B)dehradun
C)either (a) or (b)
D)only (a) not (b)

Answer 3

either (a) or (b)

Question 4

A person may sue a foreign State-

A)only with the consent of the central government
B)with the consent of the president of india
C)with the consent of the state government
D)both (a) and (c) above

Question 5

Objection as to place of suing shall be allowed in the Court of first instance is the essence of-

A)section 22
B)section 21a
C)section 21
D)section 20

Question 6

Where it appears to the Court that there exist element of a settlement the Court shall

A)leave the matter undecided
B)decide the matter itself
C)refer the same for arbitration, conciliation or mediation
D)none of the above

Question 7

A decree for execution cannot be sent to a-

A)foreign court
B)court outside india established by the authority of central government
C)both (a) and (b) above
D)neither (a) nor (b)

Question 8

Which of the following must be stated in the pleadings-

A)facta probanda
B)facta probantia
C)both (a) and (b) above
D)neither (a) nor (b)

Question 9

Agreement between the parties to institute the suit relating to disputes in a particular Court-

A)does not oust the jurisdiction of other courts
B)may operate-as estoppels between the parties
C)both (a) and (b) above
D)none of the above

Question 10

The Doctrine of res judicata applies to-

A)changing circumstances
B)static situations
C)both (a) and (b) above
D)none of the above

Question 11

An order allowing or disallowing an application for amendment is-

A)appealable
B)a decree
C)an appealable order
D)none of the above

Question 12

The defendant against whom an exparte decree has been passed can prefer an appeal under

A)order 9 rule 13
B)order 47 rule 1
C)section 96(2)
D)none of the above

Question 13

Where the relief claimed by the plaintiff is undervalued and the valuation is not corrected within the time fixed or extended by the Court-

A)the plaint may be rejected
B)the plaint will be rejected
C)the plaint will be returned
D)either (a) or (c)

Question 14

Which of the following does not deals with final determination of contested questions and have the binding effect in future litigation

A)res subjudice
B)res judicata
C)stare decisis
D)both (a) and (b)

Question 15

Among the following cases in which the test of res judicata between codefendants has been laid down by the Supreme Court-

A)sobhag singh v. jai singh
B)jai narain v. kedar nath
C)mahboob shab v. syed ismail
D)sheodan singh v. daryao kanwar

Question 16

Which of the following operate as res judicata-

A)a withdrawal of suit
B)an exparte decree
C)a compromise decree
D)none of the above

Question 17

The provisions relating to abatement do not apply to-

A)appeals
B)execution proceedings
C)both (a) and (b) above
D)none of the above

Question 18

Interrogatories shall be answered by affidavit to be filed within_____ after the service of it-

A)30 days
B)21 days
C)10 days
D)7 days

Question 19

Section 34 of the Code does not deal with-

A)interest from the date of decree
B)interest prior to suit
C)interest pendent lite
D)none of the above

Question 20

At the first hearing of the suit, the Court must-

A)frame and record the issues
B)ascertain upon what material propositions of fact or of law the parties are at variance
C)record the evidence
D)none of the above

Question 21

Under order 7 Rule 11 of the Code. The plaint shall not be rejected-

A)where it is not filed in duplicate
B)where the suit appears from the statement in the plaint to be barred by any law
C)where the plaintiff fails to comply with the provision of rule 9
D)where it discloses cause of action

Question 22

Application under Order 9 Rule 7 of the Code to set aside the order of ex-parte proceeding may be filed-

A)at or before the date of fixed for hearing
B)within 90 days
C)within 45 days
D)within 30 days

Question 23

Which section of the Code prove enforcement of decree against legal representative-

A)section 51
B)section 52
C)section 56
D)section 58

Question 24

Among the following in which section property liable to attachment and sale in execution of decree is provided-

A)section 60
B)section 62
C)section 63
D)section 65

Question 25

A judgment debtor has been arrested, may not release among the following ground-

A)suffering from any serious illness
B)suffering from any infectious or contagious disease
C)he is not in a fit state of health to be detained in the civil prison
D)none of the above

Question 26

Among the following properties, which shall not be liable for attachment under the Code-

A)government securities
B)bank notes
C)a mere right to sue for damages
D)all of the above

Question 27

Among the following which section deals with the proceeds of execution-sale to be rateably distributed among decree-holders-

A)section 60
B)section 67
C)section 73
D)section 75

Question 28

Section which deals with the interpleader suit-

A)38
B)79
C)84
D)88

Question 29

A decree is passed against the Union of India or a State, execution shall not be issued on any such decree unless it remains unsatisfied for the period of-

A)two months
B)three months
C)one months
D)six months

Question 30

No order for detention of the judgment debtor in civil prison in execution of a decree for the payment of money shall be made, where the total amount of the decree not exceed-

A)one thousand
B)two thousand
C)five thousand
D)ten thousand

Question 31

In which of the following cases, the Court may not issue a commission-

A)to examine any person
B)to make a partition
C)to hold a scientific, technical or expert investigation
D)for execution of a decree

Question 32

Appellant Court shall not have power-

A)to remand a case
B)to determine a case finally
C)to take additional evidence
D)none of the above

Question 33

The Limitation Act contains

A)32 sections
B)137articles
C)30 sections
D)both (a) & (b) are correct

Question 34

The doctrine which place emphasis on the plaintiff's duty to exhaust all available grounds in support of his claim-

A)estoppels
B)res judicata
C)principle underlying order 2 rule 2 (splitting of claim)
D)none of the above

Question 35

Remedy available against rejection of plaint is-

A)plaintiff may prefer an appeal
B)plaintiff may present a fresh plaint in respect of the same cause of action
C)either (a) or (b)
D)none of the above

Question 36

A claim by way of____ may be allowed even if it is time barred when there is a fiduciary relationship between the parties-

A)an equitable set-off
B)a legal set off
C)a counter claim
D)all of the above

Question 37

A suit filed on behalf of a minor

A)cannot be withdrawn
B)can be withdrawn as a matter of right
C)can be withdrawn only with the leave of the court
D)none of the above

Question 38

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

Question 39

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

Question 40

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

Question 41

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

Question 42

Which of the following sections of the Code of Civil Procedure has been repealed by the Repealing and Amending Act, 1952 (48 of1952)?

A)Section 145
B)Section 150
C)Section 155
D)Section 153

Question 43

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

Question 44

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

Question 45

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

Question 46

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

Question 47

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

Question 48

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

Question 49

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)proper party
D)pleader

Question 50

Which of the following deals with theresult of execution proceedings to becertified in the Code of Civil Procedure?

A)Section 43
B)Section 41
C)Section 39
D)Section 52