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The Code of Civil Procedure, 1908

SPShahi

22/06/2012

1. Under the provisions of Civil Procedure Code plea of adverse possession is a defence available

(a) only to plaintiff against defendant

(b) only to defendant against plaintiff
(c) both plaintiff and defendant

(d) only to movable property.

2. The reappreciation of evidence in second appeal

(a) is subject to review

(b) is permissible

(d) is an admitted fact.

3. Sweeping change introduced by Civil Procedure Code (Amendment) Act, 2002 is with the object to

(a) give more power to Civil Courts

(b) reduce the power of Civil Courts

(d) make provisions stringent

4. Preliminary decree can be passed in a suit

(a) for partition

(b) of partnership

(d) all the above.

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

(d) neither (a) nor (b).

6. A decree becomes final

(a) when it conclusively determines the rights of the parties

(b) when no appeal has been preferred against the decree

(d) neither (a) nor (b).

7. Which of the following is not a decree

(a) dismissal in default

(b) rejection of a plaint

(d) neither (a) nor (b).

8. Order has been defined as a formal expression of any decision of a civil court which is not a decree, under

(a) section 2(1) of CPC

(b) section 2(14) of CPC

(d) section 2(16) of CPC.

9. A decree holder has been defined as a person in whose favour a decree has been passed or an order capable of execution has been made, under

(a) section 2(3) of CPC

(b) section 2(13) of CPC

(d) section 2(16) of CPC.

10. A decree holder

(a) need not be a party to the suit

(b) the term is not confined to plaintiff

(d) neither (a) nor (b).

11. Foreign court under section 2(5) of means

(a) a court situated outside India

(b) a court situated outside India and not established under the authority of Government of India

(d) all the above.

12. Judgment under section 2(9) means(a) a decree

(b) dismissal of an appeal summarily

(d) all the above.

13. Legal representative under section 2(11) of CPC means a person who is a

(a) Relative of parties to the suit

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

(d) all the above.

14. ‘A’ dies leaving behind a son X & a married daughter Y, a suit filed by ‘A’, after his death, can be continued by

(a) ‘X’ alone as legal representative

(b) ‘Y’ alone as legal representative

(d) ‘X’ and ‘Y’ both, as legal representatives.

15. A judgment contains

(a) concise statement of the case

(b) the points for determination

(d) all the above.

16. Who amongst the following is not a legal representative

(a) a trespasses

(b) an intermeddler

(d) both (a) & (c).

17. ‘Mesne profits’ as defined under section 2(12) means

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

(b) those profits which the person in wrongful possession of property actually received including profits due to improvements made by such person

(c) those profits which the person in wrongful possession of such property actually received or might have received but without any interest on such profits

(d) those profits which the person in wrongful possession of such property actually received.

18. Foreign judgment as defined under section 2(6) of CPC means

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

(b) judgment given by a foreign court

(d) neither (a) nor (b).

19. Who amongst the following is not a ‘public officer’ within the meaning of section 2(17) of CPC

(a) a Judge

(b) a person in service under the pay of Government

(d) none of the above.

20. Basis of distribution of the jurisdiction of Indian Courts is

(a) pecuniary jurisdiction

(b) territorial jurisdiction

(d) all the above.

21. Court of small causes, under section 3 of CPC is subordinate to

(a) District Court

(b) High Court

(d) neither (a) nor (b).

22. Pecuniary jurisdiction of the court has been dealt with in

(a) section 3 of CPC

(b) section 4 of CPC

(d) section 6 of CPC.

23. Courts have jurisdiction to try all suits of a civil nature excepting suits, the cognizance of which is either expressly or impliedly barred, by virtue of

(a) section 8 of CPC

(b) section 9 of CPC

(d) section 11 of CPC.

24. Which of the following is a right of civil nature

(a) right to worship in a temple

(b) right to share in offerings in a temple

(d) all the above.

25. Which of the following is not a right of civil nature

(a) caste & religion

(b) right to services which are honorary and gratuitous

(d) both (a) & (b).

26. Jurisdiction of civil court can be barred

(a) expressly only

(b) impliedly only

(d) neither expressly nor impliedly.

27. Principle of res-sub-judice is contained in

(a) section 10 of CPC

(b) section 11 of CPC

28. Dhulabhai etc. v. State of Madhya Pradesh and another, AIR 1969 SC 78, lays down certain principles regarding the exclusion of jurisdiction of civil courts. Which of the following is not a principle laid down:

(a) where a statute gives a finality to the orders of the special tribunals, the civil courts jurisdiction must be held to be excluded if there is adequate remedy to do what the civil court would normally do in a suit

(b) where there is an express bar of jurisdiction of the court, an examination of the scheme of the particular Act to find out the adequacy or sufficiency of the remedies provided may be relevant but is not decisive to sustain the jurisdiction of the civil court

(c) questions as to the correctness of the assessment apart from its constitutionality are the decisions of the authorities and a civil suit lies even if the orders of the authorities are declared to be final

(d) none of the above.

29. Under section 10 of CPC, a suit is liable to be

(a) stayed

(b) dismissed

(d) either (a) or (b) or (c).

30. For the application of the principle of res- subjudice, which of the following is essential

(a) suits between the same parties or litigating under the same title

(b) the two suits must be pending disposal in a court

(d) all the above.

31. Section 10 of CPC does not apply

(a) when the previous suit is pending in the same court

(b) when the previous suit is pending in a foreign court

(d) when the previous suit is pending in a court outside India established or contained by the Central Government.

32. Under the principle of res-subjudice

(a) the second suit has to be stayed

(b) the previous suit has to be stayed

(d) either (a) or (b) depending on the valuation of the suit for the purposes of jurisdiction.

33. Provisions of section 10 of CPC are

(a) directory

(b) mandatory

(d) discretionary.

34. Section 10 can come into operation

(a) before filing of written statement in the subsequent suit

(b) before settlement of issues in subsequent suit

(d)all the above.

35. Doctrine of res-judicata as contained in section 11 of CPC is based on the maxim

(a) Nemo debet bis vexari pro uno eteadem causa

(b) interest republicae ut sit finis litium

(d) either (a) or (b).

36. Principle of res-judicata applies

(a) between co-defendants

(b) between co-plaintiffs

(d) neither (a) nor (b).

37. Which of the following is not true of res- judicata

(a) it can be invoked in a separate subsequent proceedings

(b) it can be invoked at a subsequent stage in the same proceedings

(d) both (b) & (c).

38. As regards res-judicata, it has been stated that the right of an individual is to be protected from multiplication of suits and prosecution at the instance of an opponent whose superior resources & power unless curbed, may render futile judicially declared right and innocence, by

(a) Spences Bower

(b) Lord Denning

(d) Black Stone.

39. Res-judicata applies

(a) when the matter in former suit is directly & substantially in issue

(b) when the matter in former suit is collaterally & incidentally in issue

(d) neither (a) nor (b).

40. Res-judicata applies

(a) when the matter is directly & substantially in issue in two suits and should have been decided on merits

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

(c) when the court which determined the earlier suit is competent to try the subsequent suit wherein the issue is subsequently raised

(d) when all (a), (b) & (c) combine.

43. Plea of res-judicata

(a) has to be specifically raised

(b) need not be specifically raised

(d) neither (a) nor (b) but only (c).

42. Constructive res-judicata is contained in

(a) explanation III to section 11

(b) explanation IV to section 11

(d) explanation VII to section 11.

43. Principle of res-judicata applies

(a) to suits only

(b) to execution proceedings

(d) to suits as well as executing proceedings.

44. A decision on issue of law

(a) shall always operate as res-judicata

(b) shall never operate as res-judicata

(d) either (a) or (b).

45. A decision on an issue of law operates as res- judicata

(a) if the cause of action in the subsequent suit is the same as in the former suit, only when the decision on the point of law is correct

(b) if the cause of action in the subsequent suit is the same as in the former suit, even though the decision on the point of law is erroneous

(c) if the cause of action in the subsequent suit is different from that in the former suit, even though the decision on the point of law is correct

(d) all the above.

46. A decision in a suit may operate as res- judicata against persons not expressly named as parties to the suit by virtue of explanation

(a) II to section 11 of CPC

(b) IV to section 11 of CPC

(d) VIII to section 11 of CPC.

47. Res-judicata does not operate

(a) between co-defendants

(b) between co-plaintiffs

(d) none of the above.

48. In which of the following cases res-judicata is not applicable

(a) consent compromise decrees

(b) dismissal in default

(d) neither (a) nor (b).

49. Principle of res-judicata is

(a) mandatory

(b) directory

(d) all the above.

50. With respect to the principle of res-judicata which of the following is not correct

(a) ex-parte decree will operate as res-judicata

(b) writ petition dismissed on merits operates as res-judicata

(d) both (a) & (c).

51. In a suit, where the doctrine of res-judicata applies, the suit is liable to be

(a) stayed

(b) dismissed

(d) both (a) & (c).

52. A decision or finding given by a court or a tribunal without jurisdiction

(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.

53. On production of a certified copy of the foreign judgment, the presumption as to the competency of the court, under section 14 of CPC is a

(a) presumption of fact

(b) presumption of fact & law both

(d) irrebuttable presumption of law.

54. Validity of a foreign judgment can be challenged under section 13 of CPC

(a) in a civil court only

(b) in a criminal court only

(d) neither in civil nor in criminal court.

55. Under section 13 of CPC, a foreign judgment can be challenged on the grounds of

(a) competency of the court pronouncing the judgment

(b) being obtained by fraud

(d) all the above.

56. How many grounds of attack the foreign judgment have been provided under section 13 of CPC

(a) seven

(b) six

(d) four.

57. On the ground of jurisdiction, under section 13 of CPC

(a) only a judgment in personam can be challenged

(b) only a judgment in rem can be challenged

(d) neither a judgment in personam nor judgment in rem can be challenged.

58. A person who institutes a suit in foreign court and claims a decree in personam, after the judgment is pronounced against him

(a) can always challenge the judgment on the ground of competency

(b) can never challenge the judgment on the ground of competency

(d) either (a) or (c).

59. Under section 15 of CPC, every suit shall be instituted in

(a) the district court

(b) the court of the lowest grade

(d) all the above.

60. Section 15 of CPC lays down

(a) a rule of procedure

(b) a rule of jurisdiction

(d) all the above.

61. Under section 16 of CPC, a suit relating to immoveable property can be filed in a court within whose local jurisdiction

(a) the property is situate

(b) the defendant voluntarily resides or personally works for gain

(d) either (a) or (b) or (c).

62. Suit in respect of immoveable property, where the entire relief sought can be obtained through the personal obedience of the defendant, can be instituted in a court within whose local jurisdiction

(a) the property is situate

(b) the defendant voluntarily resides or carries on business

(d) all the above.

63. Place of institution of suit in respect of immoveable property, situated within the jurisdiction of different courts, has been provided

(a) under section 17 of CPC

(b) under section 18 of CPC

(d) under section 20 of CPC.

64. Section 18 of CPC provides for

(a) place of institution of suit in respect of immoveable property where the property is situate in the jurisdiction of one cot

(b) place of institution of suit in respect of immoveable property where the property is situate in the jurisdiction of different court

(d) all the above.

65. Place of suing in respect of suits for compensation for wrongs to persons or moveable property has been dealt with

(a) under section 18 of CPC

(b) under section 19 of CPC

(d) under section 21 of CPC.

66. A suit for compensation for wrong done to the person or to moveable property, where the wrong was done within the local jurisdiction of one court and the defendant resides within the local limits of an other court

(a) can be instituted in the court within whose local jurisdiction the wrong has been committed

(b) can be instituted in the court within whose local jurisdiction the defendant resides

(d) anywhere in India.

67. ‘X’ residing in Delhi, publishes statements defamatory to ‘Y’ in Calcutta. ‘Y’ can sue at

(a) Delhi

(b) Calcutta

(d) either in Delhi or in Calcutta.

68. Suits under section 20 of CPC can be instituted where the cause of action arises

(a) wholly

(b) partly

(d) only (a) and not (b) or (c).

69. In cases where there are more than one defendant, a suit can be instituted in a court within whose local jurisdiction

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

(b) any of the defendant, at the time of the commencement of the suit, actually & voluntarily resides, or carries on business, or personally works for gain and the defendant(s) not so residing etc. acquiesce

(d) only (a) & not (b).

70. A suit for damages for breach of contract can be filed, at a place

(a) where the contract was made

(b) where the contract was to be performed or breach occurred

(d) both (a) and (b).

71. A suit relating to partnership may be instituted at a place

(a) where the partnership was constituted

(b) where the partnership business was carried on

(d) all the above.

72. A suit relating to partnership dissolved in a foreign country can be filed at a place

(a) in foreign country

(b) where the parties to the suit reside in India

(d) all over India.

73. Objection as to the place of suiting

(a) can only be taken before the court of first instance at the earliest possible opportunity

(b) can be taken before the appellate court for the first time

(d) all the above.

74. Section 21 of CPC cures

(a) want of subject-matter jurisdiction

(b) want of pecuniary jurisdiction

(d) both (b) and (c).

75. 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 21A of CPC

(d) under section 23 of CPC.

76. Parties by their consent agreement

(a) can confer jurisdiction on a court, where there is none in law

(b) can oust the jurisdiction of the court where there is one in law

(d) all the above.

77. Section 20 of CPC does not apply to

(a) arbitration proceedings

(b) civil proceedings

(d) neither (a) nor (b).

78. 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 estoppel between the parties

(d) neither (a) nor (b).

79. In cases of the commercial contracts between parties of two different countries, the jurisdiction of the court shall be governed by

(a) lex loci contractor

(b) lex loci solutions

(d) rule of freedom of choice i.e., intention of the parties.

80. A corporation, under section 20 of CPC, is deemed to carry on business at

(a) its principal office in India

(b) its subordinate office in India

(d) either (a) or (b).

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

(a) its principal office in India

(b) its subordinate office where the cause of action did arise

(d) either (a) or (b).

82. In every plaint, under section 26 of CPC, facts should be proved by

(a) oral evidence

(b) affidavit

(d) oral evidnce as well as document.

83. According to section 27 of CPC summons to the defendant to be served on such date not beyond

(a) 30 days from the date of institution of suits

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

(d) 90 days from the date of institution of suits

84. The court may impose a fine for default upon a person required to give evidence or to produce documents directed under section 30(b) of CPC, and such fine as per section 32(c) not to exceed

(a) Rs. 500

(b) Rs. 1,000

(d) Rs. 10,000.

85. Under section 39(4) of CPC, the court passing the decree is

(a) authorised to execute such decree against any person outside local limits of its jurisdiction

(b) authorised to execute such decree against any property outside the local limits of its jurisdiction

(d) neither (a) or (b).

86. A private transfer or delivery of the property attached under section 64(2) shall not be void if

(a) made in persuance of any contract for such transfer or delivery entered into and registered before the attachment

(b) made in persuance of any contract for such transfer or delivery entered into and registered after the attachment

(c) made in persuance of any contract for such transfer or delivery entered into before the attachment but registered after the attachment

(d) either (a) or (b) or (c).

87. 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.

88. The court can award compensation against plaintiff under section 95 of CPC, not exceeding

(a) Rs. 10,000 or the limits of its pecuniary jurisdiction whichever is less

(b) Rs. 10,000 or the limits of its pecuniary jurisdiction whichever is more

(d) Rs. 50,000 and this amount to exceed the limits of its pecuniary jurisdiction whichever is more.

89. Under section 100A of the CPC, where any appeal from an original or appellate decree or order is heard and decided by a single judge of a High Court

(a) no further appeal shall lie the from judgment and decree of such single judge

(b) further appeal shall lie under the Latters Patent for the High Court

(d) further appeal shall lie before the Division Bench of the High Court.

90. Second appeal shall not lie from any decree, as provided under section 102 of CPC when the subject matter of the original suit is for recovery of money not exceeding

(a) Rs. 10,000

(b) Rs. 25,000

(d) Rs. 1,00,000.

91. A revision under section 115shall not operate as a stay of suit or other proceeding before the court except where such suit or other proceeding is stayed by

(a) the High Court

(b) the Supreme Court

(d) District and Sessions Court.

92. The court can enlarge the time under section 148 of CPC for doing any act prescribed or allowed under the Code of Civil Procedure, not exceeding in total

(a) 90 days

(b) 60 days

(d) 30 days.

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

(a) a plaint is presented to the court

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

(d) either (a) or (b) or (c).

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

(a) within 60 days from the date of service of summons

(b) within 45 days from the date of service of summons

(d) within 90 days from the date of service of summons.

95. In case of failure of filing the written statement within thirty days, the defendant can be allowed to file the same on such other day specified by the court for reasons recorded in writing

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

(b) within 120 days from the date of service of summons

(d) within 45 days from the date of service summons.

96. Summons to the defendant under Order V, Rule 9(1) of CPC, can be delivered for the purposes of serving the same on the defendant, to a courier services as

(a) approved by the defendant

(b) approved by the court

(d) either (a) or (b) or (c).

97. Under section 32 of CPC, to compel the attendance of a person to whom a summon has been issued under section 30 of CPC, the court is empowered to

(a) issue a warrant for his arrest

(b) attach and sell his property

(d) either (a) or (b) or (c).

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

(a) either party

(b) to plaintiff only

(d) to only one defendant if there are more than one defendant

99. The expenses for the service of summons to the defendant have to be borne, under Order V, Rule 9(3) of CPC, by

(a) the plaintiff

(b) the court

(d) partly by the plaintiff and partly by the defendant.

100. The court can reject the plaint under Order VII, Rule 11(e) of CPC, if it is not filed in

(a) triplicate

(b) duplicate

(d) only (c) and not (a) or (b).

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