Civil Procedure Code Questions and Answers pdf

Multiple choice questions of Subject Judiciary Topic civil procedure code questions and answers pdf ( civil procedure code questions and answers pdf Quiz ) for Entrances (Entrance Exam) Conducted by different Central and State Universities are given below.

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1. Judgement under Section 2(9) of CPC means

(a) a decree

(b) an appeal

(d) the Statement given by the Judge on the ground of a decree or order

Ans. d

2. Ratiodecendi of a Judgement can be found

(a) by reading the entire Judgement

(b) by reading a line from the Judgement

(d) none of the above

Ans. a

3. A Judgement must contain

(a) concise statement of the case

(b) points of decision

(d) all the above

Ans. d

4. “Mesne profit” defined under Section 2 (12) of CPC means

(a) those profit which the person in wrongful possession of such property actually received or might with ordinary diligence have received together with interest

(b) those profit which the person in wrongful possession of such property actually received including profits due to improvement

(c) those profits which the person in wrongful possession of such proper actually received but without any interest of such profits.

(d) those profits which the person in wrongful possession of such proper actually receive(d)

Ans. a

5. “Order” under Section 2 (14) of CPC means

(a) formal expression of any decision of a civil court which is not a decree

(b) formal expression of any decision of a civil court which is a decree

(d) detailed analysis of a civil court which is not the Judgement

Ans. a

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6. The Civil Court has a jurisdiction to try all suits of

(a) criminal nature

(b) civil nature

(d) none of the above

Ans. b

7. A civil suit is a suit in which

(a) the right to property is contested

(b) right to an office is contested

Ans. c

8. Under section 10 of CPC the suit is liable to be

(a) stayed

(b) dismissed

(d) none of the above

Ans. a

9. Stay of suit under Section 10 of CPC is

(a) Directory

(b) Mandatory

(d) none of the above

Ans. b

10. Section 10 of CPC applies if the previous suit is pending

(a) in the same court

(b) in any other court in India having jurisdiction to grant relief

(c) in any court beyond the limit of India established or continued by the Central Government and having the jurisdiction or before the Supreme Court

(d) all the above

Ans. d

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11. Under Section 10 of CPC does not apply

(a) if a suit is pending in a foreign court for the same cause of action.

(b) pending in a foreign court for the different cause of action

(d) none of the above

Ans. a

12. Under Section 10 of CPC

(a) the previous suit has to be stayed

(b) second suit has to be stayed

(d) none of the above

Ans. b

13. Principle contained in section 10 of CPC comes into operation

(a) if the suits are between the same parties or between parties under whom they or any of them litigate under the same title.

(b) two suits are pending in a court

(d) all the above IL

Ans. d

14. The principle of resjudicata contained under Section 11 of CPC applies

(a) when the matter is directly and substantially in issue in both the suits

(b) when the prior suit is between the same parties or persons claiming in them and litigating under the same title.

(c) The court which determined the earlier suit was competent to tr3 subsequent suit wherein the issue is subsequently raised

(d) All the above

Ans. d

15. The principle of resjudicata applies

(a) to suit only

(b) to execution proceedings

(d) to suits as well as execution proceedings

Ans. d

16. The expression “former suit” used under Section 11 of CPC meat

(a) which has been decided prior to the latter suit

(b) instituted prior in time

(d) none of the above

Ans. a

17. For the application of principle of resjudicata

(a) the matter have not been alleged or denied in the former suit

(b) must have been alleged by one party and denied or admitted express impliedly by other party

(d) none of the above

Ans. b

18. The principle of resjudicata also operates if

(a) the issue has been heard and finally decided by a court of limited jurisdiction competent to decide.

(b) that such court of limited jurisdiction was not competent to decide subsequent suit

(d) none of the above

Ans. c

19. The principle of constructive restjudicata is contained in

(a) explanation 3 to section 11

(b) explanation 5 to section 11

(d) explanation 2 to section 11

Ans. c

20. The resjudicata does not apply

(a) in respect of compromise/consent decree

(b) dismissal in default

(d) none of the above

Ans. c

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21. The principle of resjudicata is

(a) directory

(b) mandatory

(d) all the above

Ans. b

22. In respect of principle of resjudicata which is incorrect

(a) a suit decided on merits

(b) exparte decree

(d) both (b) & (c)

Ans. d

23. In a suit where the doctrine of resjudicata applies, suit is liable to be

(a) dismissed

(b) stayed

(d) none of the above

Ans. a

24. A relief claimed in the plaint which has not been expressly granted by the decree, for the purpose of resjudicata shall be

(a) deemed to have been refused

(b) deemed to have been allowed

(d) none of the above

Ans. a

25. Choose the correct answer

Under section 13 of CPC a foreign Judgement shall be conclusive as to my matter directly adjudicated upon between the same parties or between forties under whom they or any of them claim litigating under the same Ole except

(a) if not pronounced by a court of competent jurisdiction; not given on merits

(b) where opposed to natural justice; obtained by fraud

(c) where founded on a breach of any law in force in India; founded on incorrect view of international law or a refusal to recognize the law of India in cases in which such law is applicable

(d) all of the above

Ans. d

26. Under section 13 of CPC a Judgement on the ground of jurisdiction can be challenged

(a) if a Judgement is in personam

(b) if a Judgement is in rem Judgement

(d) At both Judgement in personam and Judgement in rem

Ans. d

27. Under Section 15 of CPC, every suit shall be instituted in

(a) court of lowest grade competent to try

(b) court of higher grade competent to try

(d) court of lowest grade not competent to try

Ans. a

28. Under Section 16 of CPC a suit in respect of immovable property can be filed in a court within whose jurisdiction

(a) property is situated

(b) defendant resides or works for gain

(d) none of the above

Ans. a

29. Where a suit is in respect of compensation a wrong to immovable properties and the relief can be entirely obtained through the personal obedience of the defendant, suit can be instituted

(a) where the property is situated

(b) where the defendant actually and voluntarily resides carries on business

(d) all the above

Ans. d

30. Under Section 16 the word ‘property’ means

(a) property situated in India

(b) property situated outside India

(d) none of the above

Ans. a

31. Under Section 19 of CPC, if the wrong is done to the person 01 immovable property, if the wrong was done within the local jurisdiction of one court and the defendant resides within the local limits of another court

(a) the suit can be instituted within whose local jurisdiction the wrong done.

(b) the suit can be instituted in the court within whose jurisdiction the defense resides or carries on business or personally works for gain.

(d) anywhere in India

Ans. c

32. X who resides in Delhi publishes statement defamatory to Y in Cala Y can file a suit at

(a) Delhi

(b) Calcutta

(d) anywhere in India

Ans. c

33. X resides in Delhi beats Y in Chennai. Y can file a suit at

(a) Delhi

(b) Chennai

(d) anywhere in India

Ans. c

34. Under Section 20 of CPC a suit can be instituted where the cause of act] arises

(a) Delhi

(b) partly

(d) none of the above

Ans. c

35. In case where there are more than one defendant, a suit can be instituted in a court in whose jurisdiction

(a) each of the defendant at the time of commencement of the suit, actually and voluntarily resides, or carries on business or personally works for gain

(b) any of the defendant, where there are more than one, at the time of the commencement of the suit, actually and voluntarily resides, or carries on business, or personally works for gain,

(d) none of the above

Ans. c

36. Objection as to the place of suing can be taken

(a) before the court of first instance at the earliest possible opportunity

(b) before the appellate court for first time

(d) all of the above.

Ans. a

37. A Corporation under Section 20 of CPC is deemed to carry on business at

(a) its principle office in India

(b) its subordinate office in India

(d) none of the above

Ans. a

38. In case cause of action has arisen at a place where the corporation has a subordinate office, the corporation is deemed to carry on business at

(a) its principle office in India

(b) subordinate office where the cause of action has arisen

(d) none of the above

Ans. c

39. A suit to set aside a decree on the ground of lack of territorial jurisdiction is barred

(a) under Section 21 of CPC

(b) under Section 21 A of CPC

(d) under Section 23 of CPC

Ans. b

40. Under Section 26 of CPC, in every plaint facts shall be proved

(a) by affidavit

(b) by oral evidence

(d) oral evidence as well as documents

Ans. a

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41. Under Section 27 of CPC, summons of the suit to the defendant shall be served on such date not beyond

(a) 30 days from date of institution of suit

(b) 60 days from the date of institution of suit

(d) none of the above

Ans. a

42. Where a decree is silent in respect of payment of future interest, the shall be deemed to have refused such interest and a separate suit

(a) shall not lie

(b) shall lie

(d) none of the above

Ans. a

43. Costs of the suit are

(a) mandatory

(b) discretionary

(d) none of the above

Ans. b

44. Under Section 32 of CPC the court is empowered to impose a penal compel attendance of any person to whom the summons has been under Section 13 of CPC in the following ways

(a) by warrant of arrest; ask him to furnish security and in default co him to the civil prison.

(b) by attachment and sell his property

(d) all the above

Ans. d

45. A files a suit against B for recovery of Rs. 20,000/ in support of his A get the summons issued to B who does not appear after service the next date he appears and court imposes a fine of Rs. 6000/

(a) the Civil Judge is empowered to impose a fine of Rs. 5000/

(b) the Civil Judge is empowered to impose a fine of Rs. 5001/

(d) none of the above

Ans. a

46. Under Section 34 of CPC where the decree is for payment of mone3 court can order of interest

(a) from the date of suit to the date of decree

(b) for any period prior to the institution of the suit.

(d) all the above

Ans. d

47. In normal case rate of interest of future interest should be

(a) 6 % per annum

(b) 10 % per annum

(d) none of the above

Ans. a

48. Where a transaction is commercial one, the future rate of interest

(a) may exceed 6 % per annum

(b) shall not exceed the contractual rate of interest

(c) where there is no contractual rate, the rate by which cases are lent or advanced by nationalised banks in relation to commercial

(d) all the above

Ans. d

49. A commercial transaction for the purpose of future interest means

(a) if it is connected with industry

(b) if it is connected with trade

(d) all the above

Ans. d

50. Compensatory costs under Section 35 A of CPC for false or vexacious claim or advances can be ordered by a court

(a) not exceeding Rs. 3000/

(b) not exceeding the limits of its pecuniary jurisdiction whichever amount is less

(d) none of the above rider

Ans. c

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51. Section 35B of CPC the court can impose cost for delay if

(a) party fails to take the step which he was required under the code to take that date

(b) obtain and adjournment for taking such place or for producing evidence or of any other ground

(d) none of the above

Ans. c

52. If the costs ordered under Section 35 B of CPC for causing delay have not been paid

(a) a separate order shall be drawn up indicating the amount of such costs.

(b) shall be included in the costs of the suit

(d) none of the above.

Ans. a

53. The costs ordered under Section 35 B of CPC for delay if paid

(a) shall be included in the costs of the suit

(b) shall not be included in the costs of the suit

(d) none of the above

Ans. b

54. A degree may be executed

(a) By the court which passed it

(b) By the court to which it is send for execution

(d) none of the above

Ans. c

55. Under section 47 of CPC, the executing court shall be empowered to determine

(a) all questions arising between the parties to the suit in execution prow and not by a separate suit

(b) by a separate suit

(d) none of the above

Ans. a

56. Under Section 50 of CPC, where the decree is executed against a representative, he shall be liable

(a) only to the extent of property of the deceased which has come to his and has not been duly disposed of

(b) the property which has come to his hands as well as his personal

(d) none of the above.

Ans. a

57. Under Section 51 of CPC, modes of execution are

(a) by delivery of any property

(b) by attachment and sale or by sale without attachment

(d) all the above

Ans. d

58. Under Section 56 of CPC, for execution of a decree for money against the woman the court

(a) cannot order arrest or detention of such woman

(b) can order arrest or detention of such woman

(d) none of the above

Ans. a

59. Under section 58 of CPC, the detention of a person where the decree for the payment of money exceeding a sum of Rs. 5000/

(a) for a period not exceeding 3 months

(b) for a period not exceeding 6 months

(d) for a period not exceeding 9 months

Ans. a

60. Where the decree is for the payment of money exceeding Rs. 200 not exceeding Rs. 5000/, the detention may be

(a) for the period not exceeding 6 weeks

(b) for the period not exceeding l month

(d) for the period not exceeding 5 months

Ans. a

Civil Procedure Code Book

61. Under Section 80 of CPC, suit against the government (including government of State of J & K) or against a public officer in his c capacity, can be instituted

(a) after expiry of two months notice

(b) after expiry of one month

(d) none of the above.

Ans. a

62. A files a suit against Union of India on First January, 2013 after giving 2 months notice which was given on first December, 2012, the court can

(a) entertain the suit before expiry of period of two months

(b) cannot entertain before expiry of period of 2 months

(d) none of the above

Ans. b

63. Under Section 81 of CPC in a suit instituted against a public officer in respect of any act purporting to be done by him in his official capacity

(a) the defendant shall not be liable to arrest nor his property to attachment otherwise than in execution of a decree.

(d) if the court is satisfied that the defendant cannot absent himself from his duty without detriment to the public service, it shall exempt him from personal opinion

(d) none of the above

Ans. c

64. Under Section 89 of CPC, alternative dispute resolution methods are

(a) arbitration; conciliation

(b) judicial settlement including settlement from Lok Adalat,

(d) all the above

Ans. d

65. Under Section 91 of CPC in case of a public nuisance or other wrongful art effecting or likely to effect the public; a suit for declaration and junction can be filed

(a) by the Advocate General

(b) by the Solicitor General

(d) (a) & (c)

Ans. d

66. Under Section 95 of CPC, the court can award compensation where arrest, attachment or injunction on insufficient grounds have been obtained

(a) not exceeding Rs. 50000/

(b) amount exceeding the limits of its pecuniary jurisdiction

(d) none for the above

Ans. a

67. An appeal lies from an original decree

(a) against exparte decree

(b) against consent decree

(d) none of the above

Ans. c

68. An appeal does not lie

(a) against consent decree

(b) from a decree passed by court of Small Causes

(d) none of the above

Ans. a

69. An appeal shall lie

(a) on a question of law from a decree passed by courts of Small Cause! the amount or value of the subject matter of original suit exceed Rs.

(b) where value of the subject matter of the suit is below Rs. 10001

(d) none of the above

Ans. a

70. Where appeal is heard by 2 or more Judges and if they differ on tht of law in their opinion, the appeal shall be heard and decided by ml decision

(a) one or more other Judges only.

(b) one or more Judges including those who have heard the appeal

(d) none of the above

Ans. b

71. Under Section 100 of CPC, second appeal lies to the High Court

(a) a substantial question of law

(b) question of fact

(d) none of the above

Ans. a

72. Under Section 100 of CPC, no further appeal shall lie from the Judge and decree

(a) Where any appeal from an original or appellate decree or order and decided by a single Judge of a High Court

(b) where appeal has not been heard and decided by a single Judge

(d) none of the above

Ans. a

73. Under Section 109 of CPC an appeal lie to the Supreme Court from Judgement, decree or final order in a civil proceeding of a High if the High Court certifies

(a) that the case involves a substantial question of law of general important

(b) that in the opinion of the High Court the said question needs to be d by the Supreme Court.

(d) none of the above

Ans. c

74. A decree has been passed by the High Court of Calcutta in favour against Y. Y files an appeal before the Supreme Court stating that case involves a substantial question of law of general importance. The supreme Court

(a) can refuse to entertain such appeal as the High Court has not certified that substantial question of law was involved

(b) The Supreme Court can entertain the appeal as the substantial question of law was involved

(d) none of the above

Ans. a

75. Under Section 139 of CPC, oath on affidavit can be administered by

(a) any court or magistrate.

(b) any notary appointed under the Notaries Act; any officer or other person whom a High Court may appoint

(d) all of the above

Ans. d

76. X files an affidavit before the Civil Court attested by an Oath Commissioner who has been appointed by the High Court. Y takes an objection. The Trial Court can

(a) reject the objection as the affidavit has been sworn before the oath commissioner who has been appointed by the High court

(b) can accept the objection as not in confirmity with the rules.

(d) none of the above.

Ans. a

77. Under Section 144 of CPC in obtaining the relief of restitution where a liscree or order is varied or reversed in any appeal, revision or other proceeding or is set aside or modifie(d) Such relief can be sought by

(a) filing of suit

(b) moving an application

(d) none of the above

Ans. b

78. Under Section 148 of CPC the Court is empowered to enlarge the period

(a) not exceeding 90 days

(b) not exceeding 30 days

(d) not exceeding 120 days

Ans. b

79. Under Section 148 A of CPC a caveat has to remain in force for a period

(a) 60 days

(b) 30 days

(d) 120 days

Ans. c

80. Under Section 144 of CPC where a consent or agreement has be by the next friend or guardian in a suit on behalf of a person disability, with express leave of the court, it has the same for

(a) if such persons were under no disability had given such consent made such agreement

(b) had not given such consent or made such agreement

(d) none of the above

Ans. a

81. Inherent power under Section 151 of CPC can be exercised;

(a) for ends of justice

(b) to prevent abuse of the process of the Court

(d) none of the above

Ans. c

82. Under Section 152 of CPC, errors can be corrected by the Court of its own motion or on the application of any of the parties

(a) clerical

(b) arithmetical

(d) none of the above

Ans. c

83. The Court can order separate trial where the joinder of defend

(a) embarrass

(b) delay trial

(d) none of the above

Ans. c

84. A suit shall be defeated

(a) by reason of the misjoinder and’ nonjoinder of parties.

(b) nonjoinder of a necessary party

(d) none of the above

Ans. b

85. A Civil Suit shall be instituted by presenting a plaint

(a) in triplicate

(b) in duplicate

(d) none of the above

Ans. b

86. The particulars of suit entered in a book is known as

(a) Register of Civil Suit

(b) Register of miscellaneous applications

(d) none of the above

Ans. a

87. Where the defendant is absent at the time when the service to be affected him and he has no agent to accept the service. The service may be effected on

(a) adult male member

(b) any adult member of the family whether male or female

(d) servant

Ans. b

88. Where the defendant is in prison, summons can be sent to

(a) officer incharge of the security

(b) officer incharge of the prison

(d) medical officer of the prison

Ans. b

89. Where the defendant is a public officer or a servant of railway, company or local authority, the service can be affected

(a) to the section officer

(b) to coemployee

(d) to the head of the office

Ans. d

90. Where the defendant is a soldier, sailor and airman, summons can be sent

(a) to the General

(b) to the Ministry of defence

(d) to his immediate superior

Ans. c

91. Under Order 7 Rule 9 of CPC when a plaint is admitted and the court for when the summons be sent to the defendant, it will direct the tiff to present as many copies of the plaint as there are defendants within

(a) 7 days from the date of such order alongwith requisite fee

(b) Within 15 days

(d) within 10 days

Ans. a

92. Under Order 7 Rule 10 of CPC, the plaint can be returned to be presented No lie court in which the suit should have been instituted

(a) when the defendant appears

(b) when the issues are framed

(d) at any stage of the suit

Ans. d

93. Under Order 7 Rule 10 of CPC, the plaint can be returned by

(a) Court of appeal

(b) Court of revision

(d) None of the above

Ans. c

94. Under Order 7 Rule 11 of CPC, the plaint can be rejected

(a) where it does not disclose a cause of action

(b) where it is not filed in duplicate

(d) all the above

Ans. d

95. Under Order 7 Rule 11 of CPC, the plaint can be rejected

(a) where the relief claimed is undervalued, and the plaintiff on being re by the Court to correct the valuation within a time to be fixed by the fails to do so

(b) where the relief claimed is properly valued but the plaint is writter paper insufficiently stamped and the plaintiff, on being required Court to supply the requisite stamppaper within a time to be fixed Court, fails to do so

(d) all the above

Ans. d

96. Under Order 7 Rule 12, where a plaint is rejected, the Judge

(a) same is not file

(b) the same is file

(d) none of the above

Ans. b

97. Under Order 7 Rule 13, rejection of plaint will not preclude presenting of fresh plaint

(a) on the same cause of action

(b) on different cause of action

(d) none of the above

Ans. a

98. The defendant required to file the Written Statement from the d service of summons on him

(a) within 30 days

(b) within 60 days

(d) within 40 days

Ans. a

99. Where the defendant fails to file the Written Statement within 30 days the court is empowered to extend the period which shall not be more

(a) 40 days

(b) 60 days

(d) 120 days

Ans. c

100. A files a suit against B on whom summons are served on 1St December, ne files the W.S. on 10th February. The same is objected on behalf of A. The Court allows the objection on the ground

(a) same is not filed within 30 days

(b) the same is filed within 30 days

(d) none of the above

Ans. a

Civil Procedure Code and Limitation Act

101. In a suit for recovery of money, the defendant can claim set off. The set off must be

(a) at the first hearing of the suit

(b) the Court can permit after first hearing

(d) both (a) & (b)

Ans. d

102. In a claim for set off in a money suit

(a) both the parties file the same character as they file in the plaintiff’s suit.

(b) both the parties did not file the same character

(d) none of the above

Ans. a

103. Under Order 8 Rule 6A of CPC, the defendant can file counter claim

(a) before the defendant has delivered his defence

(b) before the time limit over delivering his defence.

(d) none of the above

Ans. c

104. Counterclaim have the same effect as

(a) a cross suit

(b) a new suit

(d) none of the above

Ans. a

105. The Written Statement to the counter claim has to be filed within the period

(a) as fixed by the court

(b) as applicable to W.S.

(d) none of the above

Ans. a

106. Where the suit of the plaintiff is stayed, discontinued or dismissed, the counter claim may

(a) nevertheless be proceeded

(b) stands dismissed with the suit

(d) none of the above

Ans. a

107. Under Order 8 Rule 10 of CPC, if a party fails to file the W.S. N the time permitted or fixed by the court, the court shall

(a) pronounced judgment

(b) makes such order as it thinks fit

(d) none of the above

Ans. c

108. Under Order 9 Rule 2 of CPC, the suit shall be dismissed, if sum have not been served upon the defendant on consequence the failt the plaintiff to pay

(a) to pay the court fee or postal charges

(b) to present copies of the plaint

(d) none of the above

Ans. c

109. Where the ex parte decree has been passed against the defendant same can be set aside under Order 9 Rule 13 of CPC if he satisfies Court

(a) he was not duly served

(b) he was prevented by any sufficient cause for appearing when the such called for

(d) none of the above

Ans. c

110. Under Order 17 Rule 1 of CPC, the Court can grant adjournment but such adjournment shall not exceed

(a) 3 times

(b) 6 times

(d) 4 times

Ans. a

111. Under Order 23 Rule 1 of CPC, if the plaintiff is a minor or of um mind, the suit or any part of the claim can be abondoned

(a) without leave of the court

(b) with leave of the court

(d) none of the above

Ans. b

112. Where the court has permitted to withdraw the suit, to institute a suit

(a) the law of limitation is applicable

(b) the law of limitation is not application

(d) none of the above

Ans. a

113. In a representative suit agreement for compromise can be made

(a) with leave of the court

(b) without leave of the court

(d) none of the above

Ans. a

114. In a representative suit compromise or agreement can be made with leave of the court for which the court shall give

(a) notice to interested person

(b) no notice to interested person

(d) none of the above

Ans. a

115. For grant of temporary injunction the court has to follow the well settled principles such as

(a) prima facie case

(b) balance of convenience

(d) all the above

Ans. d

116. Under Order 39 Rule 3A of CPC, the court has to dispose of an application w-ere an injunction has been granted without giving notice within

(a) 60 days

(b) 30 days

(d) 120 days

Ans. b

117. Under Order 39 Rule 3 of CPC, no notice to opposite party is necessary if

(a) object of granting injunction would be defeated by the delay

(b) object of granting injunction would not be defeated by the delay.

(d) none of the above

Ans. a

118. Where an injunction has been granted without giving notice to the opposite the court has to

(a) record the reasons

(b) not to record the reasons

(d) all of the above

Ans. a

119. Under Order 38 Rule 12 of CPC, attachment before Judgement by a civil court cannot be made of

(a) industrial produce

(b) commercial produce

(d) none of the above

Ans. c

120. Under Order 38 Rule 13 of CPC, attachment of immovable property cannot be made by

(a) Court of Civil Judge

(b) Court of Additional District Judge

(d) none of the above

Ans. c

121. Under Order 38 Rule 11 of CPC, attachment of property before Jud on passing of a decree in favour of the plaintiff in execution proc, need not be

(a) reattached

(b) attached

(d) none of the above

Ans. a

122. Summary Procedure prescribed under Order 37 of CPC applies

(a) High Court

(b) City Civil Courts

(d) all the above

Ans. d

123. Summary Procedure prescribed under Order 37 of CPC applies following suits

(a) suits upon bills of exchange,

(b) hundies and promissory notes.

(c) suits in which the plaintiff seeks only to recover a debt or liquida in money payable by the defendant, with or without interest arising a written contract; or ii on an enactment, where the sum recovered is a fixed sum of money or in the nature of a debt that a penalty; iii on a guarantee, where the claim against the principle in respect of a debt or liquidated demand only.

(d) all the above

Ans. d

124. A suit under Order 37 of CPC must contain

(a) a specific averment to the effect that the suit is filed under this

(b) that no relief, which does not fall within the ambit of this rule been claimed in the plaint; and

(d) all the above

Ans. d

125. In a suit under Order 37 of CPC, the defendant enter his appearance

(a) within 30 days of service

(b) within 10 days of service

(d) within 120 days of service

Ans. b

126. In a suit under Order 37 of CPC, the defendant on service for Judgement shall apply for leave to defend

(a) within 40 days

(b) within 50 days

(d) within 20 days

Ans. c

127. Under Order 22 of CPC, the death of the plaintiff/defendant does not cause the suit to abate if

(a) right to sue survives.

(b) right to sue does not survive

(d) none of the above

Ans. a

128. Where either party dies between the conclusion of the hearing and pronouncement of Judgement, there shall be

(a) an abatement

(b) no abatement

(d) none of the above

Ans. b

129. Where a female plaintiff/defendant is married, the suit shall

(a) abate

(b) shall not abate

(d) none of the above

Ans. b

130. Where a suit abates or is dismissed under Order 22 of CPC

(a) a fresh suit can be filed

(b) an appeal can be filed

(d) none of the above

Ans. c

131. Where a death occurs of the party, the court shall be informed about ow same by

(a) pleader appearing of the party

(b) his family members

(d) none of the above

Ans. a

132. Decree means:

(a) An order adjudicating claims

(b) Informal expression of an adjudication

(c) Formal expression of an adjudication, but shall not include any adjudication from which an appeal lies as an appeal from an order

(d) none of the above

Ans. c

133. Foreign judgement as defined under Section 2(6) of C.P.C. means:

(a) Judgement given by an Indian Court in respect of foreigners

(b) Judgement given by a foreign court

(d) None of the above

Ans. b

134. Legal representative under Section 2(11) of C.P.C. means a persor, is a:

(a) Relative of parties to the suit

(b) Co-sharer of the benefits assuming to the parties to the suit

(d) None of the above

Ans. c

135. The essential elements of a decree:

(a) These must be an adjudication

(b) the determination must be of a conclusive nature

(d) All of the above

Ans. d

136. The Code of Civil Procedure recognizes:

(a) Preliminary decree

(b) Final decree

(d) All of the above

Ans. d

137. Which of the following is not a legal representative under Section of the CPC?

(a) Executors and administrators

(b) Official assignee or receiver

(d) Residuary legatees

Ans. b

138. Under CPC an adjudication of a court which is not a decree, is:

(a) An order

(b) A summon

(d) A judgement

Ans. a

139. A decree is preliminary:

(a) When it is issued in the preliminary stages of the suit

(b) When further proceedings have to be taken or the suit to be completed disposed of

(d) None of the above

Ans. b

140. Under CPC, which of following is not a decree?

(a) Dismissal of suit in default

(b) Rejection of a plaint

(d) None

Ans. a

141. What will be the nature of an order passed by court rejecting the for non-payment of a court fee?

(a) Decree

(b) Preliminary decree

(d) Final order

(e) none of above

Ans. a

142. The principle of res judicata does not apply in case of writ of:

(a) Habeas corpus

(b) Mandamus

(d) Prohibition

Ans. a

143. Plea of res judicata:

(a) Has to be specifically raised

(b) Need not be specifically raised

(d) None of the above

Ans. a

144. A files a suit for declaration that he is entitled to certain land as the heir if C. The suit is dismissed. Subsequently suit is claimed on the basis of erse possession; subsequent suit is barred on the ground of:

(a) Constructive res-judicata

(b) Actual res-judicata

(d) None of the above

Ans. a

145. Res judicata is:

(a) A question of law –

(b) A fact which should be pleaded

(d) A matter which can be taken judicial notice of

Ans. b

146. After the trial of the suit, the court found that the suit was barred by lie principle of res judicata and did not discuss and answer the other issues. The procedure adopted by the court is:

(a) Legal

(b) Justified

(d) Illegal

Ans. d

147. Code of Civil Procedure, 1908 is a:

(a) Substantive law

(b) Procedural law

(d) Directory law

Ans.

148. All civil courts have jurisdiction to try:

(a) All suits of a civil nature

(b) All suits civil nature except suits of which their cognizance is expressly not barred

(d) All suits of civil nature except suits of which their cognizance or impliedly barred

Ans. d

149. For determination of an objection under Section 9 of Code of Procedure as to the exclusion of jurisdiction of Civil Court, the col to primarily see the averments made in:

(a) Plaint only

(b) Plaint and written statement only

(d) Averment made in application for return of plaint

(e) None of the above

Ans. a

150. Existence of two suits, by parties litigating under same title, one previous instituted which is pending at present and the other filed later, what a matter in issue in the subsequently filed suit is directly and substance in issue in the other and the relief claimed in the subsequent suit effectively, be passed by the court of previous instance. Which se of CPC decides the fate of the subsequently filed suit and it proceed

(a) Section 9

(b) Section 10

(d) Section 12

Ans. b

151. Which of the following term means “under consideration of a Cot Law”?

(a) Sine quo non

(b) Res judicata

(d) Sub judice

Ans. d

152. Which of the following is not an essential condition for the application of the rule of sub judice?

(a) The matter in issue in the subsequent suit must be directly and subsequent in issue in the previous suit

(b) Both the suits must be between the same parties or their representations

(d) The subject matter and the cause of action should be the same in the suits

Ans. d

153. In the case of ‘res sub judice’ under Section 10 of the Code of Procedure, the court can:

(a) Pass interim orders

(b) Grant of injunction

(d) All of the above

Ans. d

154. Decision on question of limitation:

(a) Operates as res judicata

(b) Does not operate as res judicata

(d) None of the above

Ans. a

155. A decision or finding given by a Court or a Tribunal without jurisdiction:

(a) A Can operate as res judicata under all circumstances

(b) Cannot operate as res judicata

(d) May operate as res judicata or may not operate as res judicata

Ans. b

156. Petitions to the Supreme Court under Article 32 are subject to the rule d Fes judicata except:

(a) Quo Warranto

(b) Habeas Corpus

(d) Prohibition

Ans. b

157. Principle of res judicata applies

(a) Between co-plaintiffs

(b) Between co-defendants i

(d) Neither (a) nor (b)

Ans. c

158. Under Section 15 of the Code of Civil Procedure, every suit shall be instituted in:

(a) District Court

(b) The court of lower grade

(d) All of the above

Ans. b

159. Immovable property held by Y is situated at Bhopal and the wrongdoer sersonally works for gain at Indore. A suit to obtain compensation to the property may be instituted:

(a) At Bhopal

(b) At Indore at

(d) none of the above

Ans. c

160. A suit relating to immovable property shall be instituted at a place:

(a) where the defendant resides

(b) where the property is situated

(d) None of the above

Ans. b

161. Suit for partition of immovable property shall be instituted in where:

(a) Plaintiff resides

(b) Plaintiff carries on his profession

(d) With the permission of the District Judge, in any court

Ans. c

162. X is living in Pune and Y, his brother in Mumbai. X wants to fill for partition of their joint property situated in Delhi and Banga

(a) The suit may be instituted in Delhi only

(b) The suit may be instituted in Bangalore only

(d) None of the above

Ans. c

163. Section 18 of the Code of Civil Procedure provides for:

(a) Place of institution of suit in respect of immovable property where property is situated in the jurisdiction of one court

(b) Place of instruction of suit in respect of immovable property where property is situated in the jurisdiction of different courts

(c) Place of institution of suits in respect of immovable property where local limits of jurisdiction of courts are uncertain

(d) All the above

Ans. c

164. A suit for damages for breach of contract can be filed at a pia!

(a) Where the contract was executed

(b) Where the contract was to be performed

(d) Both (a) and (b)

Ans. d

165. ‘A’ residing in Mumbai publishes statements defamatory against Delhi. Where can ‘II’ file a suit for compensation against ‘A’?

(a) Only at Delhi

(b) Only at Mumbai

(d) Where ‘B’ himself resides

Ans. c

166. The general power to transfer suits under Section 24 has been granted to

(a) High Court

(b) District Court

(d) Supreme Court

Ans. c

Civil Procedure Code Questions and Answers pdf

167. Section 25 of the CPC provides for which of the following?

(a) Power of the Supreme Court to transfer suits

(b) Power of the High Courts to transfer suits

(d) Power of Commissioner to transfer suits

Ans. a

168. Any amount which a court will order to be paid as compensatory costs in respect of false or vexatious claims or defences, shall not exceed the amount of:

(a) Two thousand rupees or the amount within its pecuniary jurisdiction whichever is less

(b) three thousand rupees or the amount within its pecuniary jurisdiction whichever is less

(d) Five thousand rupees or the amount within its pecuniary jurisdiction whichever is less

Ans. b

169. Civil Court’s jurisdiction is not barred in proceedings under:

(a) Industrial Disputes Act

(b) Income-tax recovery under Income-Tax Act

(d) All of the above

Ans. d

170. For transfer of a suit from one court to another by defendant where both court are subordinate to different High Courts, the application lies to:

(a) State Government

(b) To Supreme Court

(d) To any two of High Court’s

Ans. c

171. A alleging that he is the adopted son of X, sues B to recover certain granted to him by X, under a deed and forming part of X’s estate. -Jae court finds that A is not the adopted son of X, but he is entitled to Ceproperty under the deed and a decree is passed for A. The finding that A is not the adopted son of X:

(a) Will not operate as res judicata in a subsequent suit between A and B in which the question of adoption is again put in issue

(b) Will operate as res judicata in a subsequent suit between A and B

(d) None of the above

Ans. b

172. As per the Civil Procedure Code as applicable to Delhi, a suit for specific contract of sale of immovable property can be filed:

(a) only in the court within whose jurisdiction the property is situated

(b) Either in the court where the immovable property is situated or also in the where the defendant resides

(d) Only in the High Court of Delhi

Ans. b

173. A residing in Dehradun, beats B in Lucknow. B may sue A under

(a) Either in Lucknow or in Dehradun

(b) Only in Lucknow

(d) Anywhere else

Ans. a

174. A decree may be executed under Section 38 of CPC by which o following courts?

(a) High Court

(b) District Court

(d) All of the above

Ans. c

175. Which of the following statements is correct:

(a) The court which passed the decree may transfer it to another coin] court if the:

(b) Judgement debtor carries on business within the jurisdiction of the court

(c) Judgement debtor has no property within the jurisdiction of the court sufficient to satisfy such decree but has property within the jurisdiction of the latter court

(d) Decree directs the sale of immovable property situated outside the jurisdiction of the former court

(e) All the above

Ans. d

176. Provisions of Section 39 of CPC are:

(a) Permissive and not mandatory

(b) Mandatory and not permissible

(d) None of the above

Ans. a

177. Provision relating to ‘Precept” is provided in Civil Procedure Code

(a) Section 40

(b) Section 44A

(d) Section 46

Ans. d

178. Section 56 of Civil Procedure Code specifically prohibits the arrest detention in civil prison, in execution of a decree, of:

(a) A sick person

(b) A minor’ person

(d) All of the above

Ans. c

179. Under Section 58 of CPC, a person detained shall be released from the detention on the amount mentioned in the warrant of his detention being paid to:

(a) The officer appointed by the court

(b) The court

(d) None of the above

Ans. c

180. Under Section 60 of Civil Procedure Code which of the following properties is, not liable to attachment and sale in execution of a decree:

(a) Negotiable instruments

(b) Houses or other buildings

(d) Any right of personal services

Ans. d

181. Under CPC which one of the following is liable to attachment and sale an execution of a decree?

(a) Necessary wearing apparel

(b) Promissory notes

(d) Books of accounts

Ans. b

182. Whether necessary wearing apparel are liable for attachment in execution of a decree?

(a) Yes

(b) No

(d) None of the above

Ans. b

183. Which of the following kinds of property is not liable to attachment in execution of decree?

(a) Money

(b) Shares

(d) Personal ornaments, which cannot be parted by any woman

Ans. d

184. According to Section 58 of Code of Civil Procedure no detention in civil imprisonment can be ordered if the decree is for a payment of amount:

(a) Not exceeding Rs. 500/-

(b) Not exceeding Rs.1,000/-

(d) Not exceeding Rs. 2,000/-

(e) None of these

Ans. d

185. executing court cannot determine the questions relating to which of the following:

(a) Execution of decree

(b) Discharge of decree

(d) Modification of decree

Ans. d

186. A court to which decree has been transferred for execution cannot executing?

(a) Order attachment

(b) Execute the decree against the legal representatives of the dt judgment debtor

(d) Order execution at the instance of the transferee of the decree

Ans. d

187. A money decree may be executed by:

(a) Attachment and sale of any property of the judgement debtor

(b) Arrest and detention in prison of the judgement debtor for indefinit

(d) Neither (a) nor(b)

Ans. a

188. Precept is:

(a) A transfer of the decree

(b) An order to another competent court to attach any property of the judgement debtor

(d) None of the above

Ans. b

189. Who can be arrested in execution of a decree:

(a) A man

(b) A woman

(d) All of the above

Ans. a

Civil Procedure Code Questions and Answers

190. A civil court cannot issue commission in the following case:

(a) For examining a person

(b) For examining accounts

(d) To execute a decree

Ans. d

191. Section 75 of CPC deals with:

(a) Power to issue summons

(b) Power to issue commission

(d) Res judicata

Ans. b

192. Notice under Section 80 CPC has to be served on:

(a) The Secretary to the Government

(b) The Deputy Commissioner

(d) All the above

Ans. a

193. Notice under Section 80 of CPC, when it relates to Railways, has to be served on which of the following?

(a) Minister of Railways

(b) Secretary of Railway Ministry

(d) Railway Prime Minister of India

Ans. c

194. Inter-pleader suit can be filed when:

(a) There is claim against Pleader (Advocate)

(b) The claim is filed against two or more defendants who have set up rival titles to the property in order to locate real landlord by the tenant for payment of rent

(d) In suit against two or more indigent person

Ans. b

195. The provision regarding inter-pleader suit has been incorporated in Section:

(a) 87

(b) 88

(d) 90

Ans. b

196. In Civil Procedure Code provision for out of court settlement of suits is made under:

(a) Section 75

(b) Section 76

(d) Section 89

Ans. d

197. The court under Section 89(1) of the CPC can refer the dispute for:

(a) Medication or Lok Adalat

(b) Arbitration or conciliation

(d) All of the above

Ans. d

198. Where it appears to the court that there exist element of a settlement ‘ court shall:

(a) Decide the matter itself

(b) Refer the same for arbitration, conciliation or mediation

(d) None of the above

Ans. b

199. The court under Section 89(1) of CPC can refer the dispute for:

(a) Arbitration or conciliation

(b) Conciliation or mediation

(d) Arbitration or conciliation or Lok Adalat or mediation

Ans. d

200. In the case of a public nuisance, a suit for declaration and injunct be instituted by:

(a) Two persons, with the leave of the court

(b) Two persons, having obtained oral consent of the Advocate G

(d) Two persons, without the leave of the court

Ans. a

201. Who can file a suit under Section 91 of Civil Procedure Code fc nuisance?

(a) Advocate General

(b) Any citizen

(d) Any 10 or more citizens

Ans. a

202. Alternative Disputes Redressal (ADR) is a concept in:

(a) Evidence Act

(b) Civil Procedure Code

(d) Motor Vehicles Act

Ans. b

203. Under the provisions of Code of Civil Procedure, no second ay in a suit for recovery of money not exceeding:

(a) Rs. 25,000/-

(b) Rs.50,000/-

(d) Rs. 2,00,000/-

Ans. a

204. In second appeal the re-appreciation of evidence is:

(a) Permissible

(b) Subject of revision

(d) None of these

Ans. c

205. CPC – Will an appeal lie against an order rejecting an applicati aside ex parte decree?

(a) Yes

(b) No

(d) None of the above

Ans. a

206. Which of the following orders cannot be appealed against under Civil Procedure?

(a) An order to set aside the dismissal of a suit

(b) An order to set aside the decree passed ex parte

(d) None of these

Ans. d

207. Who may apply for reference under Section 113 of the Code of Civil procedure 1908

(a) A party to suit

(b) Court

(d) None of the above

Ans. b

208. Reference’ under the Code of Civil Procedure may be made to:

(a) The Supreme Court

(b) The High Court

(d) None of the above

Ans. b

209. A petition for review of judgement would lie only when:

(a) The person partly obeyed the judgement

(b) Deposits entire decretal amount

(d) Leave of the Court is obtained for filing review

Ans. c

210. An application for review of an order or a decree can be made:

(a) To the appellate court

(b) By an advocate for a party

(d) To the court that made the order or passed the decree

Ans. d

211. A judgment can be reviewed on the ground of:

(a) Discovery of new and important evidence, not within the knowledge of the party concerned

(b) Mistake of error of fact or law on the face of the record

(d) None of the above

Ans. c

212. Under Section 115 of CPC, the High Court has the power of :

(a) Revision

(b) Review

(d) Vary or reverse any order whatsoever

Ans. a

213. Section 115 of the Code of Civil Procedure applies to:

(a) Non-exercise of jurisdiction vested in a court

(b) Irregular exercise of jurisdiction vested in the court

(d) All of the above

Ans. d

214. The duration of existence of a Caveat filed under Code of Civil Procedure is:

(a) 60 days from the date on which it was filed

(b) 30 days from the date on which it was lodged

(d) 90 days from the date when it was lodged

Ans. d

215. What is the meaning of restitution? (Section 144 CPC):

(a) Dispossessing a person in occupation of suit property

(b) Re-adjudication of the claim

(d) Restoring to a party on the modification, variation or reversal or decrease

Ans. d

216. A Caveat lodged under Section 148A of CPC will remain in force the date it was lodged for:

(a) 15 days

(b) 30 days

(d) 90 days

Ans. d

217. A caveat under the Code of Civil Procedure, 1908 may be lodged any:

(a) Suit is instituted

(b) Proceeding is initiated or instituted

(d) Suit or proceeding is instituted or about to be instituted

Ans. d

218. Lodging of caveat under Section 148-A of CPC:

(a) Entitles the caveator to receive notice of the application

(b) Makes the caveat or a party to the suit

(d) None of the above

Ans. a

219. Time for institution of a suit can be enlarged by invoking which following provisions?

(a) Section 151 CPC

(b) Section 5 of the Limitation Act, 1963

(d) None of the above

Ans. c

220. Inherent powers may be used by the Court for:

(a) The end of justice

(b) To prevent abuse of the process of the court

(d) None of the above

Ans. c

221. When proper court fees is not paid by the plaintiff, the court shall

(a) Reject the plaint

(b) Shall grant time to the plaintiff to pay deficit court fees

(d) None of the above

Ans. b

222. Representative suit under Order 1 Rule 8 of CPC may be permitted by the court when:

(a) Numerous persons are parties in another suit

(b) Numerous persons belong to the same family

(d) None of the above

Ans. c

223. A suit may be defeated due to:

(a) Non joinder of a proper party

(b) Mis-joinder of a necessary party

(d) Mis-joinder of a proper party

Ans. c

224. Objection as to non-joinder or mis-joinder of parties under Order 1, Rule 13 of CPC:

(a) Can be taken at any stage of the proceedings

(b) should be taken at the earliest possible opportunity or shall be invalid

(d) Either (a) or (c)

Ans. b

225. A necessary party is one in whose:

(a) Absence no order can be made effectively

(b) Absence an order can be made but whose presence is necessary for the complete decision of the case

(d) None of above

Ans. a

226. As per Order 2 Rule 1 CPC, every suit shall as far as practicable be framed as to:

(a) Afford ground for final decision

(b) To prevent further litigation

(d) None of the above

Ans. c

227. Order II, Rule 2 of CPC does not apply to:

(a) Application for execution

(b) Writ petitions

(d) None of the above

Ans. c

228. According to Order 2 Rule 3 of CPC, a plaintiff may unite in the same with several ……against the same defendant:

(a) Issues

(b) Claims

(d) Debts

Ans. c

229. A lets a house to B at a yearly rent of Rs. 10,000/-. The rent for the of the years 2006 to 2008 is due and unpaid. A sues B in 2009 of the rent due for 2007:

(a) A can afterwards sue B for the rent due for 2006 only

(b) A can afterwards sue B for the rent due for 2008 only

(d) A cannot afterwards sue B for the rent due for 2006 to 2008

(e) None of the above

Ans. d

230. Under Order IV Rule 1 sub rule (1) of CPC, a suit is instituted

(a) A copy of plaint is presented to the court

(b) A plaint in duplicate is presented to the court

(d) The court takes the plaint in consideration

Ans. b

231. A defendant under Order V, Rule 1(1) of CPC is required to a answer the claim and to file the written statement:

(a) Within 90 days from the date of service of summons

(b) Within 60 days from the date of service of summons

(d) Within 15 days from the date of service of summons

Ans. c

232. The court may also permit service of summons by the plaintiff in al to service of summons by the court by Order 5, and of C

(a) Rule 9

(b) Rule 9A

(d) Rule 11

Ans. b

233. Where the defendant is absent at the time when service of sump sought o be effected on him at his residence, there being no like of his availability within reasonable time and in absence of an empi agent, the service may be made on:

(a) Any adult male member of his family

(b) Any adult female members of his family

(d) Both (a) and (b)

Ans. d

234. Where the defendant is confined in a prison, the summons shall be

(a) By affixing outside the prison

(b) By sending process server in the prison

(d) By production warrant through the court

Ans. c

235. Where the serving officer delivers or tenders a copy of the summons the defendant personally or to his agent, he must require such a to sign an acknowledgement of service to be endorsed on the original commons. Then:

(a) The copy for the summons will be delivered to the defendant

(b) The original summons with the defendant’s signature thereon, will be returned to the court

(d) The original summons with the defendant’s signature thereon, will be returned to the plaintiff IL

Ans. c

236. Pleading means:

(a) Plaint or rejoinder

(b) Plaint or written statement

(d) Plaint alone

Ans. b

237. Pleadings should state:

(a) Material facts

(b) The law

(d) Any facts

Ans. a

238. Pleadings must be signed:

(a) By the party

(b) By the pleader

(d) Only by the pleader and not by the party

Ans. c

239. The court may strike out any matter in any pleading

(a) Which may be unnecessary, scandalous, frivolous or vexatious

(b) Which may tend to prejudice, embarrass or delay the fair trial of the suit

(d) All of the above

Ans. d

240. Amendment in pleading shall be effective:

(a) From the date of pleading

(b) From the date of application

(d) Either (b) or (c)

Ans. b

241. Under Order VI Rule 17 of the Code of Civil Procedure, the court can allow to alter or amend the proceedings to:

(a) Either party

(b) To plaintiff only

(d) To only one defendant, if there are more than one defendant

Ans. a

242. According to Order VIII Rule 1 the defendant shall file the written statement of his defence within:

(a) 30 days

(b) 45 days

(d) 90 days

Ans. a

243. Under which provision of CPC a plaint is rejected by the courts absence of cause of action:

(a) Order 7 Rule 11(a)

(b) Order 7 Rule 11(b)

(d) Order 7 Rule 11(d)

Ans. a

244. When a court can reject a plaint?

(a) Where plaintiff fails to comply with Rule 9

(b) Where suit is barred by law

(d) All of the above

Ans. d

245. Every allegation of fact in the plaint, if not denied specifically against a person under disability shall be taken to be:

(a) Untraversed

(b) Admitted

(d) None of the above

Ans. b

246. Counter claim and set off is under:

(a) Criminal Procedure Code

(b) Evidence Act

(d) Partnership Act

Ans. c

247. Set-off can be claimed:

(a) In any suit

(b) In a recovery of money suit

(d) In both (a) and (b)

Ans. b

248. Mark the incorrect proposition:

(I) Set-off is a statutory defence to a plaintiff’s action, whereas a c claim is a cross-action

(II) Set-off and counter-claim arises out of the same transaction

(III) Set-off should not be barred on the date of the suit while counte should not be barred on the date of filing of written statement

(IV) Claim for set-off cannot exceed plaintiff’s claim, whereas counte can exceed the plaintiff’s claim

(V) Both set-off and counter-claim cannot exceed the pecuniary jurisdiction of the court

(a) (I) only

(b) (II) only

(d) (IV) only

Ans. b

249. On failure to file the written statement, under Order VIII, Rule 10 of CPC the court:

(a) May pronounce the judgement at once

(b) May order for striking off the defence

(d) Either (a) or (b) or (c)

Ans. d

250. Mark the incorrect statement;

(a) The court must be competent to try the suit at the time of filing of the suit. Subsequent change in value does not affect the jurisdiction.

(b) It is the plaintiffs valuation in the plaint that determines the jurisdiction of the court and not the amount for which ultimately the decree may be 7assed by the court

(c) If the pecuniary jurisdiction of the court is Rs. 10,000/- and the plaintiff – a suit for accounts and finally the court finds on taking the account -at Rs.15,000/- are due, the court is not deprived of its jurisdiction to = a decree for that amount

(d) If the plaintiff undervalues or overvalues the claim for the purpose of choosing the forum, it is not the duty of the court to return it to be filed the proper court

Ans. d

251. Order rejecting plaint under Order 7 Rule 11 of CPC:

(a) Is a decree

(b) Is an order

(d) Is an interim order

Ans. a

252. Under Civil Procedure Code, in which of the following cases the court reject the plaint?

(a) Where the relief claimed is undervalued, and the plaintiff on being required court to correct the valuation within a time to be fixed by the court, fails to do so

(b) Where the suit appears from the statement in the plaint to be barred by any law

(c) When the plaint is insufficiently stamped and the plaintiff on being required court to supply the requisite stamp paper within a time to be fixed court, fails to do so

(d) the plaint discloses a cause of action

Ans. d

253. Consider the following statement(s):

(i) A defendant may, set up, by way of a counter-claim against the c the plaintiff any right or claim in respect of the cause of action a to him

(ii) The counter-claim may be submitted by the defendant even after delivered his defence

(iii) The counter-claim shall not exceed the pecuniary jurisdiction of the court

Which of the statements given above are correct?

(a) (i) and (ii)

(b) (i) and (iii)

(d) All these

Ans. b

254. Where the suit is dismissed under Rule 2 or 3 of Order 9 Cr plaintiff?

(a) May bring a fresh suit subject to Law of Limitation

(b) Cannot bring a fresh suit

(d) May bring a fresh suit with the leave of District Judge

Ans. a

255. What the court can do when neither party appears when it is called hearing?

(a) Ex parte order

(b) Refer for arbitration

(d) Dismissal of suit

Ans. d

256. A suit may be dismissed where, after a summons has been issued defendant and returned unserved, plaintiff fails to apply for fresh sic for the period of:

(a) 30 days

(b) 60 days

(d) 2 months from the date of such return

Ans. c

257. An ex parte decree can be set aside on the ground that:

(a) Summons were not duly served

(b) Non-appearance of defendant as copies of documents filed with plaint not provided to defendant

(d) An ex parte decree cannot be set aside under any circumstance

Ans. a

258. A suit may be dismissed under Order 9 of Code of Civil Procedure, 1908:

(I)Where the summons is not served upon the defendant in consequence of the plaintiffs failure to pay costs for service of summons

(II) Where neither the plaintiff nor the defendant appear –

(III) Where plaintiff, after summons returned unserved, fails for 7 days to apply for fresh summons

(IV) Where on the date fixed for hearing in a suit only defendant appears and he does not admit the plaintiffs claim

(a) (I), (II) and (III)

(b) (I), (III) and (IV)

(d) All of the above

Ans. d

259. In a suit for recovery instituted by A against B, despite the summons of amt baying been duly served upon B, he did not appear on the date fixed a der summons on 1.3.1993. The court consequently on 1.3.93 passed an parte order against B and listed the case of 3.4.93 for ex parte evidence of A:

(a) B can participate in further proceedings of the case

(b) B can seek setting aside of the ex parte order if he is able to show good cause for his non-appearance

(d) Both (a) and (b) are incorrect

Ans. c

260. which of the proposition is incorrect with regard to oral examination of a party by the court under Order 10 Rule 2 CPC?

(a) The examination need not be restricted to allegations in the pleadings of other party but can relate to elucidating any matter in controversy in suit

(b) The court can examine not only the parties but any person accompanying for party to the suit

(d) The court can cross-examine any of the parties with reference to a document

Ans. d

261. Which of the following statements is incorrect?

(a) where issues both of law and of fact arise and if the court is of opinion that the case may be disposed of on an issue relating to jurisdiction, it may postpone the settlement of other issues until after the issue of jurisdiction been determined

(b) where a suit may be disposed of on preliminary issue, the court need not pronounce judgement on other issues settled in the case

(d) None of these

Ans. d

262. Copy of the judgement shall be made available to the parties, under XX, Rule 1(2) of CPC:

(a) Immediately after the pronouncement of the judgement

(b) After 7 days from the pronouncement of the judgement

(d) After 21 days from the pronouncement of the judgment

Ans. a

263. The date of decree is the date on which:

(a) The date the decree is pronounced

(b) The date it is written

(d) The day it pronounced and signed by the judge

Ans. a

264. What is maximum time granted to court by CPC to draw up a deer pronouncing judgement?

(a) 15 days

(b) 30 days

(d) 60 days

Ans. a

265. When a court desires that its decree shall be executed by another it shall send to the other court:

(a) A decree and certificate of non-satisfaction

(b) Judgement and decree

(d) Execution petition and certificate of non-satisfaction

Ans. a

266. A decree for restitution of conjugal rights can be executed under 21 CPC by:

(a) Detention in civil prison

(b) Either by detention in civil prison or attachment of property

(d) Attachment of property

Ans. d

267. A garnishee order is an order:

(a) prohibiting the judgement debtor’s debtor from making any pays the judgement debtor

(b) Directing the decree holder to take the payment from the judgement debtor’s debtor

(d) None of the above

Ans. c

268. ‘X’ obtains money decree against ‘Y’. In execution of the money `X’ attaches moneys belonging to ‘Y’ lying with ‘Z’. Then ‘Z’ is

(a) Decree holder

(b) Judgement debtor

(d) Garnishee

Ans. d

269. Garnishee means:

(a) Judgement debtor

(b) Judgement creditor

(d) Guarantor

Ans. c

270. Under CPC 1908, on death of either parties to the suit between the conclusion of the hearing and the pronouncing of the judgement, the suit

(a) Shall abate

(b) Shall not abate

(d) May abate with the consent of the other party

Ans. b

271. If a right to sue survives, will the suit be abated on a party’s death?

(a) Yes

(b) No

(d) None of the above

Ans. b

272. On abatement of suit, under Order 22, Rule 9 of CPC:

(a) A fresh suit on the same cause of action can be brought as a matter of right

(b) A fresh suit on the same cause of action can be brought only with the permission of the court

(d) None of the above

Ans. c

273. Which of the following statements is correct?

(a) Where on the death of a defendant the right to sue survive against the other surviving defendant alone, the case may proceed against the surviving defendant

(b) Where on the death of a defendant the right to sue does not survive against other surviving defendant alone, the case shall abate against the deceased defendant if no application is made within the time limited by law for the legal representative of the decreased defendant to be made a party

(c) There shall be no abatement by reason of death of either party between me conclusion of the hearing and pronouncing of the judgement

(d) All the above

Ans. d

274. Abatement means:

(a) Suspension or termination of proceedings in an action for want of proper parties

(b) The process of bringing on record legal representatives of the deceased party

(d) None of the above

Ans. a

275. Right to withdraw the suit, is:

(a) An absolute right of the plaintiff

(b) A qualified right of the plaintiff

(d) Both (b) and (c)

Ans. a

276. Mark the incorrect statement in relation to Order 23 of Procedure, 1908:

(a) At any time after the institution of a suit, the plaintiff may suit or abandon part of his claim

(b) If a plaintiff withdraws from a suit without the court’s permission is precluded from instituting a fresh suit against the same respect of the same subject matte

(c) If the court is satisfied that a suit must fail by reason of some or there are other sufficient grounds, it may allow the withdrawal suit

(d) When there are several plaintiffs, the court can allow of withdraw even if the other co-plaintiffs do not consent to such withdrawal

Ans. d

277. Under Order 23, Rule 3 of CPC, on the basis of a compromise

(a) A decree has to be drawn only in respect of the subject mat to the suit

(b) A decree has to be drawn for the entire compromise so long part of the subject matter of the suit and part outside it

(d) None of the above

Ans. d

278. An agreement or compromise entered in a ‘representative the leave of the court is:

(a) Void

(b) Voidable

(d) Either valid or voidable

Ans. a

279. Which of the following statements is incorrect:

(a) A representative suit may be instituted by one or more p benefit of all interested persons with the permission of the court

(b) Notice of the institution of a representative suit must be given by public advertisement at the plaintiff’s expense to all interested person reason of their number, personal service is not reasonable

(d) The persons who instituted the suit or persons who joined as party have unrestricted right to compromise with the defendant

Ans. d

280. A person is an indigent person within the meaning of Order 33, Rule 1 CPC, if he is not possessed of:

(a) Sufficient means to pay the fee payable on the plaint –

(b) Any means to pay the fee payable on the plaint

(d) None of the above

Ans. a

281. Where an indigent person succeeds, the court fee shall be recovered?

(a) From the defendant

(b) By the State Government

(d) From the plaintiff

Ans. b

282. In an Inter-pleader suit, plaintiff may claim:

(a) Share in property

(b) Right of pre-emption

(d) Ownership

Ans. c

283. Inter-pleader suit is a suit:

(a) Between two advocates

(b) Between Union government Pleader and State Government Pleader

(d) Instituted by a person who has interest in the subject matter

Ans. c

284. Awarding future interest is:

(a) Mandatory

(b) Directory

(d) None of the above

Ans. c

285. Which is the correct statement in context of summary procedure for civil suits?

(a) May be invoked for recovery of a liquidated demand in money payable by the defendant arising out a written contract

(b) May be applied suo moto by any civil court in its discretion in the interest of expeditious adjudication

(d) All these statements are not correct

Ans. a

286. A suit under Order XXXVII of the Code of Civil Procedure, 1908, can be filed on the basis of:

(a) Hundi only

(b) Bill of exchange only

(d) All of the above

Ans. d

287. Attachment before judgement, 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

(d) Neither (a) nor (b)

Ans. b

288. Temporary injunction may be granted:

(a) To restrain any election

(b) To restrain dispossession from property

(d) To restrain the result of any adverse entry against the public

Ans. b

289. Attachment of property attached shall remain operative under 4 Rule 2A of CPC for a period of:

(a) 6 months

(b) 3 months

(d) 7 years

Ans. c

290. Period of detention in civil imprisonment, as a consequence of dim or breach of any injunction shall not exceed:

(a) 1 month

(b) 3 months

(d) 1 year

Ans. b

291. Where any injunction is passed without giving notice to opposite I court will try to decide the application within:

(a) 7 days

(b) 15 days

(d) 30 days

Ans. d

292. 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

(d) All of the above

Ans. d

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