Code of Civil Procedure (CPC) Multiple Choice Questions
1. Which of the following deals with the time for inspection when notice given in the Code of Civil Procedure?
A. Order 16, Rule 12
B. Order 4, Rule 13
C. Order 6, Rule 10
D. Order 11, Rule 17
Answer: D
2. Which of the following deals with the statement and production of evidence in the Code of Civil Procedure?
A. Order 12, Rule 5
B. Order 14, Rule 20
C. Order 18, Rule 2
D. Order 11, Rule 7
Answer: C
3. Which of the following deals with the right to challenge non-appealable orders in appeal against decrees in the Code of Civil Procedure?
A. Order 43, Rule 1A
B. Order 31, Rule 9
C. Order 22, Rule 18
D. Order 9, Rule 10
Answer: A
4. In order for that a decision in a former suit may operate as res judicata, the court which may decide that suit must have been?
I. A civil court of competent jurisdiction
II. A court of exclusive jurisdiction
III. A court of concurrent jurisdiction ‘competent to try the subsequent suit’
IV A court of limited jurisdiction competent to try the issue raised in the subsequent suit
A. Either I or III
B. Either II or III
C. Either III or IV
D. All of these
Answer: D
5. In transaction for transfer or delivery of the property attached, where the contract is executed and registered before attachment, the mischief of sub-s (1) shall not apply. However in which of the following situation it applies?
A. Where the property is transferred and registered after attachment
B. Where the property is transferred before attachment but registration takes place after the attachment
C. Both (A) and (B)
D. None of these
Answer: C
6. The court to amend a decree is the court that passed it. Where an appeal is preferred from a decree of a court of first instance the Appellate Court may:
A. Dismiss the appeal under O. 41, r 11(1), without issuing any notice to the respondents
B. Confirm, reverse or vary the decree of the court of first instance (O. 41, r 32)
C. Either (A) or (B)
D. None of these
Answer: C
7. Which of the following tests are to be applied in cases where the plea of bar of the suit under O. 2, r 2 is raised?
A. Whether the cause of action in the previous suit and that in the subsequent suit are identical
B. Whether the relief claimed in the subsequent suit could have been given in the previous suit on the basis of the pleadings filed in that suit
C. Whether the plaintiff omitted to sue for a particular relief on the cause of action which had been disclosed in the previous suit
D. All of these
Answer: D
8. An order under O. 33, r 11 directing the pauper plaintiff to pay the Court-fees can only be made in which of the following cases?
I. Where the plaintiff fails in the suit
II. Where the plaintiff is dispaupered under r 9
III. Where the suit is withdrawn
IV. Where the suit is dismissed under the circumstances specified in cl. (a) or cl. (b)
A. I, III, IV
B. II, IV
C. III, IV
D. All of these
Answer: D
9. The words ‘it appears to the Central Government’ which is the consenting authority, makes it clear that:
A. The decision granting the consent is open to question by the court
B. The decision granting the consent is final
C. Either (A) or (B)
D. None of these
Answer: B
10. The word ‘resides’ used in s. 19 of the Code of Civil Procedure means:
A. Natural persons
B. Companies
C. Tort
D. None of these
Answer: A
11. 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: B
12. A decree in a suit against certain members of a sect alleged to be wrongdoers in their individual capacity cannot operate as res judicata in a subsequent suit against the other members of the sect. The wrong complained of in the former suit was that the defendants carried an idol in procession through certain streets and that such processions were in violation of plaintiff’s rights.
A. The suit was against the defendants in their individual capacity, and not as representing the sect to which they belonged
B. The suit was not as representing the sect to which the defendants belonged
C. Both (A) and (B)
D. None of these
Answer: C
13. A sues B to recover one of two properties left by C, on the ground that he and not B is his heir. Thereafter, he applies to amend his plaint for including the second property left out in the plaint as originally field. B opposes the application for amendment which is disallowed by the court. A suit by A against B to recover the second property as heir of C would be barred under rule 2:
A. On the ground that A is to be taken to have omitted to sue for it in the first suit
B. He made an attempt to include it in that suit which was foiled by the opposition of B
C. Both (A) and (B)
D. None of these
Answer: C
14. Where certain properties have been ordered to be partitioned by a decree in an earlier suit, but possession has not yet been delivered and is not argued that the earlier decree had become unenforceable:
A. A fresh suit can be brought for partition of those properties on the ground that the earlier decree has not been enforced
B. A fresh suit cannot be brought for partition of those properties on the ground that the earlier decree has not been enforced
C. Either (A) or (B)
D. None of these
Answer: B
15. X sues A and B on a promissory note executed by A, B is A’s nephew, and he is joined as a defendant on the ground that A and B are member of a joint Hindu family, and that the note was for a debt binding on the family. None of the defendant appears at the hearing and an ex parte decree is passed against both the defendants.
The decree against A proceeds on the ground that the note was passed by him and against B on the ground that the debt was incurred for a family purpose. B applies for an order to set aside the decree, alleging that the summons was not served upon him and that the debt in respect of which the note was passed by A was not incurred for a family purpose. It is not disputed that the amount was actually advanced to A.
A. The decree against A must be set aside
B. The decree against B must be set aside
C. Both (A) and (B)
D. None of these
Answer: B
16. A sues B for recovery of possession of certain immovable property. The defence is that B is the full owner of the property. Pending the suit, B is adjudged insolvent and his estate vests in the official assignee. Because the order of adjudication operates:
A. As a statutory transfer of the interest of the insolvent in the subject-matter of the suit to the official assignee
B. As a non-statutory transfer of the interest of the insolvent in the subject-matter of the suit to the official assignee
C. Either (A) or (B)
D. None of these
Answer: A
17. Bar to further suit is dealt under which of the following in the Code of Civil Procedure?
A. Section 11
B. Section 16
C. Section 13
D. Section 12
Answer: D
18. Which of the following deals with the transfer of decree in the Code of Civil Procedure?
A. Section 41
B. Section 36
C. Section 39
D. Section 52
Answer: C
19. Which of the following has been repealed by s. 7 of the Code of Civil Procedure (Amendment) Act 66 of 1956 in the Code of Civil Procedure?
I. Section 68
II. Section 69
III. Section 70
IV. Section 71
V. Section 72
A. I, III, IV
B. II, III, V
C. Ill, IV, V
D. All of them
Answer: D
20. No order under section 47 to be refused or modified unless decision of the case is prejudicially affected under which of the following in the Code of Civil Procedure?
A. Section 90A
B. Section 95A
C. Section 99A
D. Section 101B
Answer: C
21. Which of the following deals with matters for which rules may provide in the Code of Civil Procedure?
A. Section 122
B. Section 103
C. Section 128
D. Section 129
Answer: C
22. Which of the following sections of the Code of Civil Procedure has been repealed by the Repealing and Amending Act, 1952 (48 of 1952)?
A. Section 145
B. Section 154
C. Section 148
D. Section 153
Answer: B
23. Which of the following deals with the copy of plaint annexed to summons in the Code of Civil Procedure?
A. Order 5, Rule 2
B. Order 2, Rule 2
C. Order 6, Rule 10
D. Order 4, Rule 8
Answer: A
24. Which of the following deals with where the subject- matter of the suit is immovable property in the Code of Civil Procedure?
A. Order 5, Rule 30
B. Order 9, Rule 12
C. Order 7, Rule 3
D. Order 10, Rule 22
Answer: C
25. Which of the following deals with the procedure when party fails to present written statement called for by Court in the Code of Civil Procedure?
A. Order 5, Rule 30
B. Order 8, Rule 10
C. Order 6, Rule 10
D. Order 10, Rule 22
Answer: B
26. Which of the following deals with the order for inspection in the Code of Civil Procedure?
A. Order 11, Rule 18
B. Order 4, Rule 13
C. Order 6, Rule 10
D. Order 13, Rule 22
Answer: A
27. Which of the following deals with power to order any point to be proved by affidavit in the Code of Civil Procedure?
A. Order 12, Rule 5
B. Order 14, Rule 20
C. Order 19, Rule 1
D. Order 11, Rule 7
Answer: C
28. Which of the following deals with the inquiry as to whether applicant is an indigent person in the Code of Civil Procedure?
A. Order 44, Rule 3
B. Order 31, Rule 9
C. Order 22, Rule 18
D. Order 9, Rule 10
Answer: A
29. Which of the following are the principal rules as to concurrent jurisdiction?
I. Concurrent as to pecuniary limit and the subject matter
II. Competency of the former court to be determined as on the date of the ‘former suit’ and not as on the date of the ‘subsequent suit’
III. Competency of the trial court determination
IV. Competence of court when there is a court with preferential jurisdiction
V. Both the suits are in revenue court, but appeals lie to different authorities
A. I, III
B. II, IV, V
C. I, IV, V
D. All of these
Answer: D
30. In which of the following ways section 73 differs from the corresponding section 295 of the Code of Civil Procedure, 1882?
I. The words, ‘where assets are held by a court,’ have been substituted for words, ‘whenever assets are realised by sale or otherwise in execution of a degree.’
II. The words, ‘before the receipt of such assets,’ have been substituted for the words, ‘prior to the realisation’
III. The words, ‘by which such assets are held’ are omitted after the words ‘made application to the court’
IV. The word, ‘passed’ has been added after the word, ‘money’
V. The words, ‘interest in,’ in cl. (b) have been substituted for the words, ‘right against’ to bring the wording of that clause into line with the Transfer of Property Act, 1882. This is a mere verbal alteration
A. I, III
B. II, IV
C. IV, V
D. All of these
Answer: D
31. If a right or a liability is created by a statute, which of the following situations may arise?
A. The statue may create a specific forum for its enforcement
B. If no machinery is provided for enforcement, civil courts can entertain the suits besides the suit of which cognizance is expressly barred
C. Both (A) and (B)
D. None of these
Answer: C
32. Order 5, r 26 provides for summons to be served:
A. By sending it to the political agent appointed by the Central Government in exercise of its foreign jurisdiction
B. Through a court established or continued with power to serve a summon issued under the code
C. Through a court declared by the notification issued by the Central Government, situated in such foreign territory to be one service by which would be deemed to be valid, where there is no such court
D. All of these
Answer: D
33. Which of the following are the essential requirements of a debt?
A. An ascertainable or readily calculable amount
B. An absolute unqualified and present liability in regard to that amount with the obligation to pay forthwith or in future within time
C. That the obligation must have accrued and must be subsisting and should not be that which are accruing
D. All of these
Answer: D
34. The words ‘any court exercising original jurisdiction’ under s. 96 of the Code of Civil Procedure has to be read to mean that:
A. If the original jurisdiction has been exercised by any court, the decree passed shall be deemed to be a decree by against the court exercising original jurisdiction
B. If the original jurisdiction has been exercised by any court, the decree passed shall be deemed to be void by a court exercising original jurisdiction
C. If the original jurisdiction has been exercised by any court, the decree passed shall be deemed to be a decree by a court exercising original jurisdiction
D. None of these
Answer: C
35. The word ‘prescribed’ used in s. 107 of the Code of Civil Procedure means:
A. The rules contained First Schedule
B. The rules under s. 122 and s. 125 of the Code of Civil Procedure
C. Both (A) and (B)
D. None of these
Answer: C
36. Nine Akali Sikhs sue for the removal of the mahant of a religious institution. The suit is dismissed on the ground that the institution is a Hindu Dera and not a Sikh Gurudwara. Subsequently, and after the passing of the Sikh Gurudwara Act, 1925, 64 Sikh sue for a declaration that the institution is Sikh Gurudwara.
A. The suit is barred by res judicata as in the former suit, the plaintiffs were a sect of religious reformers and were not litigating on behalf of the general body of Sikhs
B. The suit is not barred by res judicata as in the former suit, the plaintiffs were a sect of religious reformers and were litigating on behalf of the general body of Sikhs
C. The suit is not barred by res judicata as in the former suit, the plaintiffs were a sect of religious reformers and were not litigating on behalf of the general body of Sikhs
D. None of these
Answer: C
37. A, alleging that he is the proprietor of a village, sues B, C and D for ejectment. The defence is that A is not the proprietor and that part of the village belongs to B, C and D, and the rest to X, Y and Z. The court finds that A is not the proprietor, and A’s suit is dismissed. A then sues, X, Y and Z and also B, C and D for declaration that he is the proprietor of the village and for possession.
A. The question of A’s title to the village is res judicata so as to bar the suit against B, C and D, who were parties to the former suit, but it is not res judicata so as to bar the suit against X, Y and Z who were not parties to the former suit
B. It cannot be said that B, C and D litigated in the former suit in respect of a private right claimed in common for them and X, Y and Z. They set up only their own right to a part of the property and as to the rest they alleged that it belonged to X, Y and Z
C. Both (A) and (B)
D. None of these
Answer: C
38. Where a promissory note is payable by installments, and two or more installments have become due, and the holder of the note sues only for one of the installments and omits to sue for the other installments
A. He can afterwards sue for these installments
B. He cannot afterwards sue for these installments
C. Either (A) or (B)
D. None of these
Answer: B
39. The assignee of the holder of a life estate sued for declaration of title and injunction, immediately after the death of the life estate-holder. The suit for declaration of title was decreed, but the suit for injection was dismissed after holding that the possession was with the defendants only. Subsequently, the assignee of the life estate filed a suit for possession on the strength of the title. The bar of O. 2, r 2 was raised by the defendant.
A. The bar under O. 2, r 2 is not applicable to the subsequent suit
B. In the first suit he plaintiffs could not claim the recovery of possession as they had sought only an injunction, claiming themselves to be in possession
C. Both (A) and (B)
D. None of these
Answer: C
40. A sued to recover a house from B and certain lands from C. The suit was decreed ex parte against both defendants. B applied to set aside the ex parte decree and having settled the dispute with A applied to withdraw his petition. C then applied to be transposed as petitioner.
A. C should have filed his own petition to set aside the ex parte decree
B. C is needed to file his own petition to aside as the ex parte decree
C. Claims against the two defendants are distinct
D. Both (A) and (C)
Answer: a
41. A, B, C, D and E are jointly and severally liable for Rs. 1,000 under a decree obtained by F. A obtains a decree for Rs. 100 against F singly and applies for execution to the Court in which the joint decree is being executed.
A. F may treat his joint-decree as a cross-decree O. 21 r. 18
B. F cannot treat his joint-decree as a cross-decree O. 21 r. 18
C. Either (A) or (B)
D. None of these
Answer: A
42. In a case, A applies for leave to sue as a pauper. On the day fixed for the hearing of the application. A, alleging that he has succeeded in negotiating a loan for the payment of the Court-fees, pays the necessary Court-fees.
A. The application is thereupon numbered and registered as a plaint.
B. The application for leave to sue as a pauper having been made in good faith, and not on the day on which the Court-fees were paid
C. Both (A) and (B)
D. None of these
Answer: C
43. Which of the following deals with the power of Supreme Court to transfer suits, etc. in the Code of Civil Procedure?
A. Section 18
B. Section 20
C. Section 25
D. Section 28
Answer: C
44. Which of the deals with enforcement of decree against legal representative in the Code of Civil Procedure?
A. Section 46
B. Section 52
C. Section 45
D. Section 49
Answer: B
45. Which of the following deals with suits against foreign Rulers, Ambassadors and Envoys in the Code of Civil Procedure?
A. Section 90
B. Section 86
C. Section 92
D. Section 82
Answer: B
46. Which of the following deals with appeals to Federal Court in the Code of Civil Procedure?
A. Section 116
B. Section 111A
C. Section 108
D. Section 100
Answer: B
47. Miscellaneous proceedings are dealt under which of the following in the Code of Civil Procedure?
A. Section 140
B. Section 103
C. Section 132
D. Section 141
Answer: D
48. Which of the following deals with conduct of suit in the Code of Civil Procedure?
A. Order l, Rule 11
B. Order 12, Rule 2
C. Order 3, Rule 6
D. Order 14, Rule 8
Answer: A
49. Which of the following deals with simultaneous issue of summons for service by post in addition to personal service in the Code of Civil Procedure?
A. Order 7, Rule 14
B. Order 9, Rule 12
C. Order 6, Rule 10
D. Order 5, Rule 19A
Answer: D
50. Which of the following deals with the written Statement in the Code of Civil Procedure?
A. Order 8, Rule 1
B. Order 4, Rule 13
C. Order 6, Rule 10
D. Order 10, Rule 22
Answer: A
51. No decree to be set aside without notice to opposite party under which of the in the Code of Civil Procedure?
A. Order 5, Rule 30
B. Order 4, Rule 13
C. Order 6, Rule 10
D. Order 9, Rule 14
Answer: D
52. Original documents to be produced at or before the settlement of issues under which of the following in the Code of Civil Procedure?
A. Order 13, Rule 1
B. Order 4, Rule 13
C. Order 6, Rule 10
D. Order 9, Rule 22
Answer: A
53. Which of the following deals with officers, soldiers, sailors or airmen cannot obtain leave may authorize any person to sue or defend for them in the Code of Civil Procedure?
A. Order 12, Rule 1
B. Order 28, Rule 1
C. Order 19, Rule 6
D. Order 17, Rule 10
Answer: B
54. Which of the following instances of order are decrees?
I. An order rejecting an application for leave to sue in forma pauperis for no suit has till then been filed
II. An order refusing leave to institute for accounts of religious endowment
III. An order under the Indian Trusts Act, 1882 dismissing an application for the removal of trustee
IV. An order on a settlement case under s. 104 (2) of the Bengal Tenancy Act 3 of 1898 as the proceeding is instituted not by a plaint but by an application
V. An order made on an application to the District Court under s. 84 (2) of the Madras Religious Endowments Act 2 of 1927
A. I, III
B. II, V
C. II, IV, V
D. All of these
Answer: D
55. Interest that may be awarded to a plaintiff in a suit for money according to the period for which it is allowed may be divided as:
A. Interest accrued to the institution of the suit on the principal sum adjudged (as distinguished from the principal sum claimed)
B. Additional interest on the principal sum adjudged, from the date of the suit to the date of decree, ‘at such rate as the court deems reasonable’
C. Further interest on the principal sum adjudged from the date of the decree to the date of the payment or to such earlier date as the court thinks fit, at the rate not exceeding six percent per annum
D. All of these
Answer: D
56. Which of the following instances can be held to be final orders?
I. An order of a High Court dismissing an appeal for the appellant’s failure to furnish order
II. An order that an appeal had abated
III. An order in a revision reversing the dismissal of a suit and restoring it to the file of the lower court when such an order had the effect of reinstating a primary decree
IV. An order refusing an application under s. 45 of the Specific Relief Act 1 of 1877
V. An order passed by a High Court in insolvency proceedings
A. II, III
B. I, IV
C. I, V, VI
D. All of these
Answer: D
57. Under s. 89 the court shall formulate the terms of settlement and give them to the parties for their observations and after receiving the observations of the parties, the court may reformulate the terms of possible settlement and the same for:
I. Arbitration
II. Conciliation
III. Judicial settlement including settlement through Lok Adalat
IV. Mediation
A. I, III
B. II, III
C. Ill, IV
D. All of these
Answer: D
58. The object of discovery is:
A. To elicit admissions
B. To obviate the necessity to produce lengthy evidence
C. To expedite disposal
D. All of these
Answer: D
59. Decree-holder is:
A. Any person in whose favour a decree has been passed
B. An order capable of execution has been made
C. Either (A) or (B)
D. None of these
Answer: C
60. The words ‘it appears to the Central Government’ which is the consenting authority in s. 86 of the Code of Civil Procedure makes it clear that:
A. The decision granting the consent is open to question by the court
B. The decision granting the consent is final
C. Either (A) or (B)
D. None of these
Answer: B
61. A sues B for rent; B pleads abatement of rent on the ground that the area is less than that entered in the lease. The court finds that the area is greater than that shown in the lease.
A. The finding as to the excess area is not res judicata for it is only ancillary to the direct and substantial issue whether the area is equal to that shown in the lease; or less
B. The finding as to the excess area is res judicata for it is ancillary to the direct and substantial issue whether the area is equal to that shown in the lease; or less
C. The finding as to the excess area is not res judicata for it is ancillary to the direct and substantial issue whether the area is equal to that shown in the lease; or less
D. None of these
Answer: A
62. A agrees to sell his property to B for Rs. 2,000 to be paid to A on the execution of the conveyance. The purchase- money payable to A is not a ‘debt’ owing to him by B until the conveyance is executed.
A. It can be attached before the execution of the conveyance in execution of a decree against A
B. It cannot be attached before the execution of the conveyance in execution of a decree against A
C. Either (A) or (B)
D. None of these
Answer: B
63. The defendant, the editor and proprietor of a newspaper, published articles which referred to the ‘Calcutta Police”, without naming individuals. The plaintiffs, six of the members of the Calcutta Police force, jointly sued the editor for damages, alleging that the articles were directed against them, and that they constituted a libel. Here a libel was in the same words, and in the same documents, but of different persons.
A. The plaintiffs could not all be joined in one suit
B. There cannot in such cases be said to be one or the same cause of action
C. Both (A) and (B)
D. None of these
Answer: C
64. A sues B for specific performance of an agreement for the sale to him of B’s land, and obtains a decree. In execution of the decree, A is put in possession of a portion only of the land, as it is found that the rest of the land did not belong to B, but to B’s son.
A. A subsequent suit by A against B for recovery of a portion of the price to the extent of the son’s share is not barred under rule 2, the cause of action being the same
B. A subsequent suit by A against B for recovery of a portion of the price to the extent of the son’s share is not barred under rule 2, the cause of action being entirely distinct
C. Either (A) or (B)
D. None of these
Answer: B
65. A, a Hindu, claiming as the heir of his uncle, sues the executors of his uncle’s widow for property left by the widow, alleging that the same belonged to the estate of his uncle, and that the widow had no power to dispose it off by will. The court holds that the widow had power to do away the property under the will.
A. A will not be allowed to amend the paint by adding that even if the widow had the power to dispose of the property by her will
B. A was entitled to the residue as his uncle’s heir as the same was left to charitable objects of an unspecified and general character, and could not, therefore, be legally applied to charity
C. Both (A) and (B)
D. None of these
Answer: C
66. A applies to be appointed guardian of the person of X, The application is opposed by B who claims that he has been appointed guardian by the will X’s father. Meanwhile, B dies. B’s representative is not entitled to continue the proceedings. A’s claim based on a personal trust does not survive the claimant’s representative. It is different, however, where the claim is not based on a personal trust.
A. The legal representative of the deceased is entitled to continue the proceeding
B. The legal representative of the deceased is entitled to contend that the applicant is not a proper person to be appointed guardian
C. Both (A) and (B)
D. None of these
Answer: C
67. On the last day of the period of limitation prescribed for the institution of a suit, A applies for leave to sue as a pauper. The application is heard a fortnight later. It transpires at the hearing of the application that A was possessed of sufficient means to enable him to pay the Court-fees. Before an order is made under this rule rejecting the application, A pays the necessary Court-fees, and the application is thereupon converted into a plaint.
A. The application not having been made in good faith, the suit will be deemed to have been instituted on the day on which the Court-fees were paid, and not on the day on which the application was filed
B. The Court-fees having been paid after the expiration of the period of limitation, the suit is time-barred
C. Both (A) and (B)
D. None of these
Answer: C
68. Which of the following deals with the institution of suits in the Code of Civil Procedure?
A. Section 18
B. Section 20
C. Section 22
D. Section 26
Answer: D
69. Which of the following deals with the liability of ancestral property in the Code of Civil Procedure?
A. Section 46
B. Section 50
C. Section 53
D. Section 49
Answer: C
70. Which of the following deals with style of foreign Rulers as parties to suits in the Code of Civil Procedure?
A. Section 90
B. Section 88
C. Section 87
D. Section 82
Answer: C
71. Plea of res-judicata:
(a) has to be specifically raised
(b) need not be specifically raised
(c) is for the court to see of its own
(d) neither (a) nor (b) but only (c).
Answer: a
72. Constructive res-judicata is contained in:
(a) explanation III to section 11
(b) explanation IV to section 11
(c) explanation VI to section 11
(d) explanation VII to section 11.
Answer: b
73. Principle of res-judicata applies:
(a) to suits only
(b) to execution proceedings
(c) to arbitration proceedings
(d) to suits as well as execution proceedings.
Answer: d
74. A decision on issue of law:
(a) shall always operate as res-judicata
(b) shall never operate as res-judicata
(c) may or may not operate as res-judicata
(d) either (a) or (b).
Answer: c
75. 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.
Answer: b
76. 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
(c) VI to section 11 of CPC
(d) VIII to section 11 of CPC.
Answer: c
77. Res-judicata does not operate:
(a) between co-defendants
(b) between co-plaintiffs
(c) against a per-forma defendant
(d) none of the above.
Answer: c
78. In which of the following cases res-judicata is not applicable:
(a) consent/compromise decrees
(b) dismissal in default
(c) both (a) & (b)
(d) neither (a) nor (b).
Answer: c
79. Principle of res-judicata is:
(a) mandatory
(b) directory
(c) discretionary
(d) all the above.
Answer: a
80. 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
(c) writ petition dismissed in limine operates as res-judicata
(d) both (a) & (c).
Answer: c
81. In a suit, where the doctrine of res-judicata applies, the suit is liable to be:
(a) stayed
(b) dismissed
(c) may be stayed & may be dismissed
(d) both (a) & (c).
Answer: b
82. 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
(c) can operate as res-judicata under certain circumstances only
(d) may operate as res-judicata or may not operate as res-judicata.
Answer: b
83. 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
(c) rebuttable presumption of law
(d) irrebuttable presumption of law.
Answer: c
84. 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
(c) in both civil and criminal court
(d) neither in civil nor in criminal court.
Answer: a
85. 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
(c) sustaining a claim founded on a breach of law in force in India
(d) all the above.
Answer: d
86. How many grounds of attack the foreign judgment have been provided under section 13 of CPC:
(a) seven
(b) six
(c) five
(d) four.
Answer: b
87. 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
(c) both judgment in personam and judgment in rem, can be challenged
(d) neither a judgment in personam nor judgment in rem can be challenged.
Answer: c
88. 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
(c) can challenge the judgment on the ground of competency under certain circumstances
(d) either (a) or (c).
Answer: b
89. Under section 15 of CPC, every suit shall be instituted in:
(a) the district court
(b) the court of the lowest grade
(c) the court of higher grade
(d) all the above.
Answer: b
90. Section 15 of CPC lays down:
(a) a rule of procedure
(b) a rule of jurisdiction
(c) a rule of evidence
(d) all the above.
Answer: a
91. 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
(c) the defendant voluntarily resides or carries on business
(d) either (a) or (b) or (c).
Answer: a
92. 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
(c) the defendant voluntarily resides or personally works for gain
(d) all the above.
Answer: d
93. 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
(c) under section 19 of CPC
(d) under section 20 of CPC.
Answer: a
94. 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 court
(b) place of institution of suit in respect of immoveable property where the property is situate in the jurisdiction of different court
(c) place of institution of suit in respect of immoveable property where the local limits of jurisdiction of courts are uncertain
(d) all the above.
Answer: c
95. 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
(c) under section 20 of CPC
(d) under section 21 of CPC.
Answer: b
96. 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 another 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
(c) either (a) or (b) at the option of the plaintiff
(d) anywhere in India.
Answer: c
97. ‘X’ residing in Delhi, publishes statements defamatory to ‘Y’ in Calcutta. ‘Y’ can sue ‘X’ at:
(a) Delhi
(b) Calcutta
(c) anywhere in India
(d) either in Delhi or in Calcutta.
Answer: d
98. Suits under section 20 of CPC can be instituted where the cause of action arises:
(a) wholly
(b) partly
(c) either wholly or in part
(d) only (a) and not (b) or (c).
Answer: c
99. 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
(c) both (a) & (b) are correct
(d) only (a) & not (b).
Answer: c
100. 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
(c) anywhere in India
(d) both (a) and (b).
Answer: d
101. 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
(c) where partnership accounts are maintained
(d) all the above.
Answer: d
102. 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
(c) both (a) & (b)
(d) all over India.
Answer: b
103. 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
(c) can be taken before the court of revision for the first time
(d) all the above.
Answer: a
104. Section 21 of CPC cures:
(a) want of subject-matter jurisdiction
(b) want of pecuniary jurisdiction
(c) want of territorial jurisdiction
(d) both (b) and (c).
Answer: d
105. 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
(c) under section 22 of CPC
(d) under section 23 of CPC.
Answer: b
106. 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
(c) can oust the jurisdiction of one of the courts when there are two courts simultaneously having jurisdiction in law
(d) all the above.
Answer: c
107. Section 20 of CPC does not apply to:
(a) arbitration proceedings
(b) civil proceedings
(c) both (a) & (b)
(d) neither (a) nor (b).
Answer: a
108. 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
(c) both (a) & (b)
(d) neither (a) nor (b).
Answer: c
109. In cases of the commercial contracts between parties of two different countries, the jurisdiction of the court shall be governed by:
(a) lex loci contractors
(b) lex loci solutions
(c) les situs
(d) rule of freedom of choice i.e., intention of the parties.
Answer: d
110. 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
(c) both (a) & (b)
(d) either (a) or (b).
Answer: a
111. 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
(c) both (a) & (b)
(d) either (a) or (b).
Answer: c
112. In every plaint, under section 26 of CPC, facts should be proved by:
(a) oral evidence
(b) affidavit
(c) document
(d) oral evidence as well as document.
Answer: b
113. 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
(c) 45 days from the date of institution of suits
(d) 90 days from the date of institution of suits
Answer: a
114. 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
(c) Rs.5,000
(d) Rs.10,000.
Answer: c
115. 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
(c) either (a) or (b)
(d) neither (a) or (b).
Answer: d
116. A private transfer or delivery of the property attached under section 64(2) shall not be void if:
(a) made in pursuance of any contract for such transfer or delivery entered into and registered before the attachment
(b) made in pursuance of any contract for such transfer or delivery entered into and registered after the attachment
(c) made in pursuance 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).
Answer: a
117. The court under section 89(1) of CPC can refer the dispute for:
(a) arbitration or conciliation
(b) conciliation or mediation
(c) mediation or Lok Adalat
(d) arbitration or conciliation or Lok Adalat or mediation.
Answer: d
118. 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
(c) Rs.50,000 and this amount not to exceed the limits of its pecuniary jurisdiction
(d) Rs.50,000 and this amount to exceed the limits of its pecuniary jurisdiction whichever is more.
Answer: c
119. 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 from the judgment and decree of such single judge
(b) further appeal shall lie under the Letters Patent for the High Court
(c) further appeal shall lie with the leave of the Supreme Court
(d) further appeal shall lie before the Division Bench of the High Court.
Answer: a
120. 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
(c) Rs.50,000
(d) Rs.1,00,000.
Answer: b
1. If the official assignee refuses to defend a suit relating to the insolvent’s property:
A. The insolvent is not entitled to defend the suit independently of the official assignee
B. The creditor cannot file an appeal on the official receiver’s failure to do so in a litigation to which they were not parties
C. Either (A) or (B)
D. None of these
Answer: a
2. When foreign judgment is not conclusive which of the following in the Code of Civil Procedure comes into operation?
A. Section 13
B. Section 15
C. Section 16
D. Section 10
Answer: a
3. 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
Answer: a
4. 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
Answer: C
5. 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
Answer: D
6. 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
Answer: D
7. Which of the following sections of the Code of Civil Procedure has been repealed by the Repealing and Amending Act, 1952 (48 of 1952)?
A. Section 145
B. Section 150
C. Section 155
D. Section 153
Answer: C
8. 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
Answer: b
9. 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
Answer: D
10. 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
Answer: C
11. 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 22
Answer: b
12. 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
Answer: D
13. 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
Answer: C
14. A finding on a question of title by courts which has no jurisdiction to adjudicate upon the question of title cannot operate as res judicata in a subsequent suit on title. This generally happens in which of the following cases?
A. Where the first court is a civil court of limited jurisdiction
B. Where the first court is a Provincial Small Cause Court
C. Where the first court is a ‘revenue court’ and the second court is a ‘civil court’
D. All of these
Answer: D
15. To entitle a decree- holder to participate in the assets of a judgment-debtor, which of the following conditions must be present?
I. The decree-holder claiming to share in the rateable distribution should have applied for execution of his decree to the appropriate court
II. Such application should have been made prior to the receipt of the assets by the court
III. The assets of which a rateable distribution is claimed must be assets held by the court
IV. The attaching creditor as well as the decree-holder claiming to participate in the assets should be holders of decrees for the payment of money
V. Such decrees should have been obtained against the same judgment-debtor
A. I, III
B. II, IV
C. IV, V
D. All of these
Answer: D
16. Under s. 10 of the Code of Civil Procedure, the court shall not proceed with the trial of the suit if the previously instituted suit is pending:
I. In the same court in which the subsequent suit id brought
II. In any other court in India (whether superior, inferior or co-ordinate)
III. In any court beyond the limits of India established or continued by the Central Government
IV. In any court before the Supreme Court
A. I, II
B. III, IV
C. II, IV
D. All of these
Answer: D
17. Which of the following are the fundamental rules of pleading as set forth under O. 6, r 2?
I. Every pleading must state facts and not law
II. It must state material facts and material facts only
III. It must state only the facts on which the party pleading relies for his claims or defence and not the evidence by which they are to be proved
IV. It must state such facts in a concise form
V. Dates, sums and figures must be set out both in figures and words
A. I, II, IV
B. Ill, IV
C. II, V
D. All of these
Answer: D
18. In order to allow amendment sought belatedly in a suit under O. 37, which of the following tests the court must apply?
A. Whether the case made by the plaintiff was a totally new case based on a new set of ideas
B. Whether the defendants would be prejudiced if these additional facts were allowed to be pleaded, in the sense that necessary orders to meet the new case would not be available
C. Both (A) and (B)
D. None of these
Answer: C
19. Injustum est, nisi tota lege inspecta, de una aliqua ejus particula proposita judieare vel respondere means:
A. It is unjust to decide to any particular part of the law without examining the whole of it
B. It is unjust to respond to any particular part of the law without examining the whole of it
C. Both (A) and (B)
D. None of these
Answer: C
20. The word ‘Appellate Court’ used in s.107 of the Code of Civil Procedure includes:
A. Appellate tribunals exercising judicial functions in civil proceedings
B. Appellate tribunals exercising judicial functions in criminal proceedings
C. Either (A) or (B)
D. None of these
Answer: a
21. Ashok files a suit on behalf of himself and other members of his community to establish a right to worship in a temple, but through oversight omits to give notice under O 1, r 8 to the other members of the community.
A. The suit cannot dismissed but the judgment will not operate as res judicata to bar a subsequent suit by another member of the community to establish the same right
B. The suit is dismissed but the judgment will operate as res judicata to bar a subsequent suit by another member of the community to establish the same right
C. The suit is dismissed but the judgment will not operate as res judicata to bar a subsequent suit by another member of the community to establish the same right
D. None of these
Answer: C
22. A files a suit on behalf of himself and other members of his community to establish a right to worship in a temple, but through oversight omits to give notice under O 1, r 8 to the other members of the community.
A. The suit cannot dismissed but the judgment will operate as res judicata to bar a subsequent suit by another member of the community to establish the same right
B. The suit is dismissed but the judgment will operate as res judicata to bar a subsequent suit by another member of the community to establish the same right
C. The suit is dismissed but the judgment will not operate as res judicata to bar a subsequent suit by another member of the community to establish the same right
D. None of these
Answer: C
23. A accompanies B, a pleader, to Hardwar, as B’s medical attendant, for which Rs 1,300 become due to him as his fees. B passes a promissory note to A for Rs 700, and agrees as for the balance of Rs 600 to do a certain legal work for A, B fides without doing the legal work undertaken by him. A sues C, B’s son upon the promissory note, and a decree is passed for him. He then beings another suit against C to recover the Rs 600, alleging that the legal work which B had agree to do for him had not been done.
A. The suit for the recovery of Rs 600 is barred
B. If several promissory notes are executed for the portions of the same debt, each promissory note creates a distinct cause of action on which a separate suit may be brought
C. Both (A) and (B)
D. None of these
Answer: C
24. Where the previous suit for possession was dismissed on the ground that the proper remedy was a suit for partition and separate possession, then a second suit for partition and separate possession is not barred because:
A. The dismissal of the first suit gave rise to a fresh cause of action
B. The order of the court, stating that the relief had to be sought in a suit for partition, amounts to permitting the plaintiff to file a separate suit for partition and possession. In such a suit, O 2, r 2 is not attracted
C. Both (A) and (B)
D. None of these
Answer: C
25. X sues A and B, alleging that A and B are in joint possession of certain immovable property, and asking for a declaration that he is in joint possession with them. A appears and defends the suit, B does not appear. The court finds that A and B are in joint possession, and that X is entitled to joint possession with them.
Here the decree, so far as regards, A, is passed after a hearing and, as regards B, it is ex parte. But there is only one decree, and the words the decree in the proviso can only refer to that decree. Therefore, if B applies for an order to set aside the decree and the decree is set aside as against him, it must also be set aside as against A. In the event of B succeeding in the suit, this absurd position would rise that A and B being in joint possession of the property:
A. X would be in possession of a decree declaring him to be jointly in possession along with A and B
B. B would be in possession of a decree in his favour declaring the X is not entitled to joint possession with him and A
C. Both (A) and (B)
D. None of these
Answer: C
26. 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. Either (A) or (B)
D. None of these
Answer: a
27. Which of the following deals with presumption as to foreign judgments in the Code of Civil Procedure?
A. Section 18
B. Section 14
C. Section 19
D. Section 13
Answer: b
28. Which of the following deals with the result of execution proceedings to be certified in the Code of Civil Procedure?
A. Section 43
B. Section 41
C. Section 39
D. Section 52
Answer: b
29. Which of the following deals with resistance to execution in the Code of Civil Procedure?
A. Section 63
B. Section 72
C. Section 59
D. Section 74
Answer: D
30. No further appeal in certain cases under which of the following in the Code of Civil Procedure?
A. Section 100A
B. Section 103B
C. Section 108C
D. Section 102A
Answer: a
31. Which of the following deals with powers of other High Court to make rules as to matters other than procedure in the Code of Civil Procedure?
A. Section 130
B. Section 103
C. Section 124
D. Section 129
Answer: a
32. Which of the following sections of the Code of Civil Procedure has been repealed by s. 3 and Schedule II of the Second Repealing and Amending Act, 1914 (17 of 1914)?
A. Section 145
B. Section 143
C. Section 154
D. Section 156
Answer: D
33. No party to be ordered to appear in persons unless resident under which of the following in the Code of Civil Procedure?
A. Order 7, Rule 3
B. Order 2, Rule 2
C. Order 5, Rule 4
D. Order 4, Rule 8
Answer: C
34. Defendant’s interest and liability to be shown under which of the following in the Code of Civil Procedure?
A. Order 7, Rule 5
B. Order 9, Rule 12
C. Order 6, Rule 10
D. Order 10, Rule 22
Answer: a
35. Which of the following deals with the dismissal of suit where summons not served in consequence of plaintiff’s failure to pay costs in the Code of Civil Procedure?
A. Order 5, Rule 30
B. Order 4, Rule 13
C. Order 6, Rule 10
D. Order 9, Rule 2
Answer: D
36. Which of the following deals with premature discovery in the Code of Civil Procedure?
A. Order 16, Rule 2
B. Order 4, Rule 13
C. Order 11, Rule 20
D. Order 13, Rule 22
Answer: C
37. Which of the following deals with matters to which affidavits shall he confined in the Code of Civil Procedure?
A. Order 19, Rule 3
B. Order 14, Rule 20
C. Order 13, Rule 21
D. Order 11, Rule 7
Answer: a
38. Which of the following deals with security and deposit required on grant of certificate in the Code of Civil Procedure?
A. Order 25, Rule 5
B. Order 31, Rule 9
C. Order 45, Rule 7
D. Order 9, Rule 10
Answer: C
39. In which of the following way notwithstanding that the former suit was disposed of, a matter will be said to have been ‘heard and finally decided’?
I. Ex parte
II. By dismissal under O. 17 r 3, but not when the dismissal is under O. 16 r 1 for the failure to pay adjournment cost
III. By a decree on an award
IV. By oath tendered under s. 8 of the Indian Oaths Act, 1873
V. By dismissal owing to plaintiff’s failure to adduce evidence at the hearing
A. I, III
B. II, IV, V
C. III, IV, V
D. All of these
Answer: D
40. It was held in Sarjerao v. Government of the Province of Bombay that an act done by a state fell under which of the following heads:
A. Acts which are capable of being done by a private individual
B. Acts which only the Supreme Government can perform such as making treaties and declaring war
C. Matters and questions which are solely in the hands of the government, and that the phrase ‘Act of State’ would compromise the last two heads and not the first
D. All of the above
Answer: D
41. Which of the following deals with reference to High Court in the Code of Civil Procedure?
A. Section 111
B. Section 103
C. Section 108
D. Section 113
Answer: D
42. Which of the following states that orders and notices to be in writing in the Code of Civil Procedure?
A. Section 140
B. Section 142
C. Section 132
D. Section 100
Answer: B
43. Which of the following deals with appearance of one of several plaintiffs or defendants for others in the Code of Civil Procedure?
A. Order 7, Rule 6
B. Order 1, Rule 12
C. Order 13, Rule 5
D. Order 4, Rule 8
Answer: B
44. Which of the following deals with substituted service in the Code of Civil Procedure?
A. Order 5, Rule 20
B. Order 9, Rule 12
C. Order 6, Rule 10
D. Order 10, Rule 8
Answer: A
45. Which of the following deals with the duty of defendant to produce documents upon which relief is claimed or relied upon by him in the Code of Civil Procedure?
A. Order 5, Rule 1
B. Order 4, Rule 13
C. Order 8, Rule 1A
D. Order 10, Rule 22
Answer: C
46. Ascertainment whether allegations in pleadings are admitted or denied is dealt under which of the following in the Code of Civil Procedure?
A. Order 10, Rule 1
B. Order 4, Rule 13
C. Order 6, Rule 10
D. Order 11, Rule 22
Answer: A
47. Which of the following deals with the effect of non- production of documents in the Code of Civil Procedure?
A. Order 16, Rule 2
B. Order 13, Rule 2
C. Order 6, Rule 10
D. Order 16, Rule 22
Answer: B
48. Which of the following deals with the power to require personal attendance of officer of corporation in the Code of Civil Procedure?
A. Order 12, Rule 1
B. Order 10, Rule 9
C. Order 29, Rule 3
D. Order 17, Rule 10
Answer: C
49. Which of the following is true of a District Judge who functions as a Claims Tribunal?
A. He is under the administrative control of the High Court
B. He is subordinate to the High Court under s. 115 of the Code of Civil Procedure
C. The order passed by the Tribunal is revisable under s. 115 of the Code of Civil Procedure
D. All of these
Answer: D
50. Pre-suit interest is preferable to substantive law and can be sub-divided as:
A. Where there is stipulation for the payment of interest at a fixed rate
B. Where there is no stipulation for the payment of interest at a fixed rate
C. Both (A) and (B)
D. None of these
Answer: C
51. A civil revision, at the instance of a litigant is maintainable on satisfaction of which of the following circumstances cumulatively?
A. Impugned order amounts to a case decided. Such order must have been passed by any court subordinate to such High Court. Such order must not be an appealable.
B. There must be allegation of jurisdictional error
C. If the impugned order has been passed in favour of the revision-petitioner then that would have finally disposed of the suit or other proceedings
D. All of these
Answer: D
52. Where a person commits a public nuisance:
A. He is liable to criminal prosecution under the Indian Penal Code, 1860
B. He may be proceeded against under s. 91 of the Code of Civil Procedure
C. He is liable to damages in a suit at the instance of a private individual who suffers special damage by reason of the nuisance
D. All of these
Answer: D
53. Admissions can be of which of the following kinds?
A. Admissions in pleading
B. Admissions by agreement
C. Admissions by notice
D. All of these
Answer: D
54. District means;
A. The local limits of the jurisdiction of a principal Civil Court of original
B. The local limits of the ordinary original civil jurisdiction of a High Court
C. Both (A) and (B)
D. None of these
Answer: C
55. The expression ‘adjustment’ in 0.21, r 2 does not include:
A. The creation or addition of a new a decree, by including something new which is not included in the original claim
B. A stipulation for interest for a period subsequent to the date of the decree
C. Either (A) and (B)
D. None of these
Answer: B
56. A, claiming to be the chela and heir of a deceased mohunt sues B for rent of certain lands forming part of the estate of the mohunt. C claims that he, and not A, is the chela and heir of the deceased and that he is entitled to the rent. C is thereupon jointed as a defendant to the suit. The issues raised are: Whether A or C is the chela and heir of the mohunt? Whether any and if so what rent is due from B? The Court finds that A is the chela and heir of the mohunt. It also finds Rs. 2,500 due by B for rent, and A’s claim is decreed. Subsequently, C sues A for a declaration that he is the chela and heir of the mohunt and claims that as such he is entitled to the whole of the property left by the mohunt. A contends that the question, who is the chela and heir of the deceased, is res judicata.
A. Both the suits was for rent it will be decided against C
B. The former suit was for rent, the entire question of the title to the property of the deceased was not directly and substantially in issue in that suit and it will be decided against C
C. The former suit was for rent, the entire question of the title to the property of the deceased was directly and substantially in issue in that suit and it will be decided against C
D. None of these
Answer: C
57. A agrees to advance Rs. 5,000 to B on a mortgage of B’s property. B advances Rs. 3,000 only. C, who holds a decree against B, seeks to attach the balance of Rs. 2,000 payable by A to B as a debt due by A to B.
A. C cannot attach the balance, for it is not a debt due by A to B
B. C can attach the balance, for it is a debt due by A to B
C. Either (A) or (B)
D. None of these
Answer: A
58. Several creditors, to each of whom separate debts were owing by the same debtor, jointly sued the debtor to avoid a deed of gift executed by the debtor in favour of his daughter, on the ground that it was made fraudulently with the intent to defeat their claims.
A. They could not join as plaintiffs in one suit on the ground that the causes of action were separate and distinct
B. Such a suit could now be properly brought by one or more creditors on behalf of themselves and others under O. 1, r. 8
C. Both (A) and (B)
D. None of these
Answer: C
59. A sues B for specific performance of a contract to sell land and obtain a decree directing B to execute the conveyance and the conveyance is executed. On the basis of the selfsame contract he, thereafter, sues B for possession of the land.
A. The second suit is barred under O 2, r 2
B. If the contract for sale did not provide for a being out in possession by B, it could not be barred
C. Both (A) and (B)
D. None of these
Answer: C
60. A dies intestate and in debt to B. C takes out administration to A’s effect and B buys part of the effects from C. In a suit for the purchase-money by C against B the latter cannot set-off the debt against the price for:
A. C fills the character of a vendor to B in which he sues B
B. C fills the character of a representative to A
C. Both (A) and (C)
D. None of these
Answer: C
61. A sues B to establish his right to the office of mahant. A dies before the decree.
A. The suit abates, for the right claimed is a personal right to an office
B. The suit increases, for the right claimed is a personal right to an office
C. Either (A) or (B)
D. None of these
Answer: C
62. In a suit, A mortgages certain property to B which was then in possession of X, and agrees of deliver possession thereof B after recovering possession thereof from X. A recovers possession of the property from X, but does not deliver possession thereof to B. B sues A for possession, and a decree for costs, B applies for attachment and sale of the mortgaged property. Is B entitled to the order applied for attachment and sale of the mortgaged property?
A. Yes, for the claim in respect of costs is not a ‘claim arising under the mortgage’ within the meaning of O. 34, r 14. It arises under the decree passed for costs
B. No, for the claim in respect of costs is a ‘claim arising under the mortgage’ within the meaning of O. 34, r 14. It arises under the decree passed for costs
C. No, for the claim in respect of costs is a ‘claim arising under the mortgage’ within the meaning of O. 34, r 14. It does not arise under the decree passed for costs
D. None of these
Answer: A
63. Which of the following deals with summons to defendants in the Code of Civil Procedure?
A. Section 27
B. Section 20
C. Section 22
D. Section 25
Answer: A
64. Which of the following deals with partition of estate or separation of share in the Code of Civil Procedure?
A. Section 43
B. Section 50
C. Section 59
D. Section 54
Answer: D
65. Which of the following deals with definitions of “foreign State” and “Ruler” in the Code of Civil Procedure?
A. Section 90C
B. Section 88B
C. Section 92A
D. Section 87A
Answer: D
66. Which of the following deals with review in the Code of Civil Procedure?
A. Section 114
B. Section 103
C. Section 108
D. Section 100
Answer: A
67. Which of the following deals with postage in the Code of Civil Procedure?
A. Section 140
B. Section 148
C. Section 143
D. Section 100
Answer: C
68. Which of the following deals with objections as to misjoinder or misjoinder in the Code of Civil Procedure?
A. Order 6, Rule 1
B. Order 2, Rule 2
C. Order 1, Rule 13
D. Order 4, Rule 8
Answer: C
69. Which of the following deals with service of summons where defendant resides within jurisdictions of another Court in the Code of Civil Procedure?
A. Order 7, Rule 14
B. Order 9, Rule 12
C. Order 5, Rule 21
D. Order 10, Rule 8
Answer: C
70. Which of the following deals with evasive denial in the Code of Civil Procedure?
A. Order 5, Rule 30
B. Order 4, Rule 13
C. Order 6, Rule 10
D. Order 8, Rule 4
Answer: D
71. A revision under section 115 shall 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
(c) the Appellate Court
(d) District and Sessions Court.
Answer: a
72. 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
(c) 45 days
(d) 30 days.
Answer: d
73. 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
(c) a plaint in triplicate is presented to the court
(d) either (a) or (b) or (c).
Answer: b
74. 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
(c) within 30 days from the date of service of summons
(d) within 90 days from the date of service of summons.
Answer: c
75. 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
(c) within 60 days from the date of service summons
(d) within 45 days from the date of service summons.
Answer: a
76. 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
(c) approved by the plaintiff
(d) either (a) or (b) or (c).
Answer: b
77. 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
(c) impose a fine not exceeding Rs.5,000
(d) either (a) or (b) or (c).
Answer: d
78. 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
(c) to defendant only
(d) to only one defendant if there are more than one defendant
Answer: a
79. 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
(c) the defendant
(d) partly by the plaintiff and partly by the defendant.
Answer: a
80. The court can reject the plaint under Order VII, Rule 11(e) of CPC, if it is not filed in:
(a) triplicate
(b) duplicate
(c) quadruplicate
(d) only (c) and not (a) or (b).
Answer: b
81. If a document, which ought to be produced in the court along with the pleadings, is not produced, under Order VII, Rule 14(3) of CPC, at the hearing of the suit:
(a) the same shall not be received in evidence on behalf of the plaintiff
(b) the same shall not be received in evidence on behalf of the defendant
(c) the same shall not be received in evidence on behalf of either party
(d) the same shall not be received in evidence on behalf of a third party.
Answer: a
82. Order VIII, Rule 1 mandates that the defendant shall file the written statement of his defence within:
(a) 90 days from the date of service of summons
(b) 60 days from the date of service of summons
(c) 30 days from the date of service of summons
(d) 10 days from the date of service of summons.
Answer: c
83. The provisions of Order VIII, Rule 1 of CPC are:
(a) directory being procedural
(b) mandatory though procedural
(c) optional under all circumstances
(d) discretionary under all circumstances.
Answer: a
84. The time schedule contained in Order VIII, Rule 1 of CPC is to be:
(a) followed as a rule and departure therefrom shall also be a rule
(b) followed as a rule and departure therefrom would be an exception
(c) followed as a rule and there is no scope for any departure therefrom
(d) followed as an absolute rule as it imposes an embargo on the power of the court to extend the time.
Answer: b
85. A prayer for extension of time beyond the period of 90 days prescribed under Order VIII, Rule 1 of CPC for filing the written statement is to be:
(a) granted just as a matter of routine
(b) granted ordinarily
(c) granted on sufficient cause being shown by the defendant
(d) granted only for exceptional circumstances occasioned by reasons beyond the control of the defendant.
Answer: d
86. A prayer for extension of time beyond the period of 90 days for filing the written statement:
(a) can be oral
(b) has to be in writing
(c) can be either oral or in writing
(d) Neither (a) nor (b), as the time cannot be extended beyond 90 days.
Answer: b
87. For the purpose of section 39 of CPC the court is of competent jurisdiction, if at the time of making the application for transfer of decree to it, such court would have jurisdiction to try the suit:
(a) in which such decree was passed
(b) to which such decree has been transferred from other court
(c) such decree was pending
(d) none of the above.
Answer: a
88. The rule of rateable distribution of the proceeds of execution sale amongst decree holders is contained in:
(a) section 73 of CPC
(b) section 74 of CPC
(c) section 75 of CPC
(d) section 76 of CPC.
Answer: a
89. Supreme Court in case of Union of India v. Somasundaram Mills (P) Ltd. held that under section 73 of CPC, the debts due to the State:
(a) stand on equal footing with all other debts
(b) are to be paid only after payment of all other debts
(c) are entitled to priority over all other debts
(d) either (a) or (b).
Answer: c
90. A plaint can be rejected:
(a) under Order VII, Rule 10 of CPC
(b) under Order VII, Rule 10A of CPC
(c) under Order VII, Rule 11 of CPC
(d) all the above.
Answer: c
91. The power under Order VII, Rule 11 of CPC can be exercised:
(a) before registering the plaint
(b) after issuance of summon to the defendant
(c) at any stage before the conclusion of trial
(d) either (a) or (b) or (c).
Answer: d
92. For an application under Order VII, Rule 11:
(a) the averments in the plaint are germane and the plea taken by the defendant in the written statement are wholly irrelevant
(b) the averments in the plaint are germane and the pleas taken by the defendant in the written statement are also to be considered
(c) the averments in the plaint are germane and the pleas taken by the defendant in the written statement may also be considered
(d) either (b) or (c).
Answer: a
93. Under Order VII, Rule 11 of CPC:
(a) part only of the plaint can be rejected
(b) whole of the plaint is to be rejected
(c) part only of the plaint or the whole plaint can be rejected
(d) it is the discretion of the court to reject the plaint in part.
Answer: b
94. In case the suit has been instituted in a court having no jurisdiction, territorial or pecuniary, the plaint is liable to be:
(a) returned
(b) rejected
(c) may be returned or may be rejected
(d) only (b) & not (a).
Answer: a
95. On rejection of a suit under Order VII, Rule 11 of CPC, a fresh suit on the same cause of action under Order VII, Rule 13 of CPC:
(a) is barred under all circumstances
(b) is not barred at all
(c) can be filed with the leave of the court
(d) either (b) or (c).
Answer: b
96. Several persons can be joined as plaintiffs, in cases:
(a) where right arises out of the same act, in favour of such person
(b) where any common question of law is involved
(c) both (a) & (b)
(d) either (a) or (b).
Answer: c
97. Several persons can be joined as defendants in cases:
(a) where right arises out of the same act against such persons
(b) where any common question of law is involved
(c) both (a) & (b)
(d) either (a) or (b).
Answer: c
98. Multifariousness in a suit results due to:
(a) misjoinder of parties
(b) misjoinder of cause of action
(c) misjoinder of parties and misjoinder of cause of action
(d) either misjoinder of parties or misjoinder of cause of action.
Answer: c
99. Where a person who is a necessary party to the suit has not been joined as a party to the suit; it is a case of:
(a) non-joinder
(b) mis-joinder
(c) both (a) & (b)
(d) neither (a) nor (b).
Answer: a
220. On account of mis-joinder or non-joinder of parties, under Order I, Rule 9 of CPC, the suit is:
(a) liable to be dismissed
(b) cannot be dismissed
(c) may be dismissed or may not be dismissed as per the discretion of the court
(d) either (a) or (b).
Answer: b
221. Objection as to the non-joinder or mis-joinder of parties under Order I, Rule 13 of CPC:
(a) can be taken at any stage of the proceedings
(b) can be taken at the earliest possible opportunity
(c) can be taken in appeal or revision for the first time
(d) either (a) or (b) or (c).
Answer: b
222. A suit is bad for non-joinder of a necessary party, as provided:
(a) under Order I, Rule 10 of CPC
(b) under Order I, Rule 9 of CPC
(c) under Order I, Rule 10A of CPC
(d) under Order I, Rule 11 of CPC.
Answer: b
223. A suit in representative capacity can be filed by virtue of:
(a) under Order I, Rule 8 of CPC
(b) under Order I, Rule 9 of CPC
(c) under Order I, Rule 8A of CPC
(d) under Order I, Rule 10A of CPC.
Answer: a
224. A suit filed in representative capacity can be withdrawn, compromise & abandoned etc. by the plaintiff:
(a) without notice to all the persons interested
(b) after notice to all the persons interested
(c) both (a) & (b)
(d) either (a) or (b).
Answer: b
225. A person can be made a party in the suit either as a plaintiff or a defendant:
(a) under Order I, Rule 8A of CPC
(b) under Order I, Rule 10 of CPC
(c) under Order X, Rule 1 of CPC
(d) under Order X, Rule 8 of CPC.
Answer: b
226. The word ‘acts’ in Order III, Rules 1 & 2 of CPC:
(a) is confined only in respect of acts done by the power-of-attorney holder in exercise of power granted by the instrument and would not include deposing in place and instead of the principal
(b) is not confined only in respect of acts done by the power-of-attorney holder in exercise of the power granted by the instrument and includes deposing in place and instead of the principal
(c) is not confined only in respect of acts done by the power-of-attorney holder in exercise of the power granted by the instrument but includes appearance as a witness on behalf of the party in the capacity of that party
(d) is confined only to deposing in place and instead of the principal.
Answer: a
227. 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
(c) both (a) & (b)
(d) absence an order can be made and whose presence is not necessary for the complete decision of the case.
Answer: a
228. In a suit, the list of witnesses has to be filed by the parties:
(a) before settlement of issues
(b) after settlement of issues
(c) at any time
(d) all the above.
Answer: b
229. When the plaintiff fails to pay the court-fee or postal charges for service of summons on the defendant(s) or fails to present copies of the plaint, the suit is liable to be:
(a) rejected under Order VII, Rule 11 of CPC
(b) dismissed for non-prosecution under Order IX, Rule 2 of CPC
(c) either (a) or (b)
(d) only (b) and not (a).
Answer: c
230. Court can direct the parties to opt for any one mode of alternative dispute resolution under:
(a) Order X, Rule 1A of CPC
(b) Order X, Rule IB of CPC
(c) Order XI, Rule 1 of CPC
(d) Order XI, Rule 2 of CPC.
Answer: a