Deck 1: Civil Procedure Code and Limitation ACT

Question 1

A sues B for a declaration of title to land and obtains a decree. A then sues C for possession. C contends that B is owner and that he is in possession as B's tenant.

A)The defence is not barred
B)The defence is barred
C)Either (A) or (B)
D)None of these

Answer 1

The defence is barred

Question 2

Section which deals with the transfer of decree in the Code of Civil Procedure?

A)Section 43
B)Section 33
C)Section 39
D)Section 62

Answer 2

Section 39

Question 3

The term "Res judicata" means

A)Further proceeding
B)A matter already adjudicated
C)Stay of proceeding
D)Bar the Proceedings

Answer 3

A matter already adjudicated

Question 4

Where a person challenges a Decree, he shall challenges the same by filing

A)Appeal
B)Application
C)Notice of Motion
D)Chamber Summons

Question 5

Preliminary decree is one

A)which determines the rights of the parties with regard to some or one of the matters in controversy in the suit but does not finally dispose of the suit
B)which determines the rights of the parties with regard to some or one of the matters in controversy in the suit, which may have the effect of final disposal of the suit
C)both (a) & (b)
D)neither (a) nor (b).

Question 6

A ________ is said to take place when the High Court calls for the record of any case decided by a subordinate court and passes an appropriate order.

A)reference
B)review
C)revision
D)appeal

Question 7

An inter pleader suit is one where the real dispute is between the____________only.

A)plaintiffs
B)defendants
C)intervenors
D)respondents

Question 8

Article ____ of the constitution enacts that the law declared by the supreme court shall be binding on all courts in India.

A)140
B)141
C)142
D)143

Question 9

The jurisdiction of a court, refers to the power or the extent of the authority, of the court to administer justice, with reference to_______

A)the local limits
B)the subject matter of litigation
C)the pecuniary value
D)all of the above

Question 10

Litigating parties, ______ upon court jurisdiction of the court, by mutual consent.

A)cannot confer or cannot take away
B)can confer or can take away
C)cannot confer but can take away
D)can confer but cannot take away