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CPC MCQs SET-1
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1. From which date Civil Procedure Code, 1908, became operative?
a. 1st January, 1908
b. 1st April, 1908
c. 31st December, 1908
d. 1st January, 1909
2. Code of Civil Procedure contains
a. 50 Orders
b. 51 Orders
c. 52 Orders
d. 53 Orders
3. The Civil Procedure Code, 1908 extends to the whole India except
a. the State of Jammu & Kashmir
b. the State of Nagaland and Tribal Areas
c. (a) and (b) both
d. None of the above
4. ‘Decree’ under Civil Procedure Code, 1908 has been defined in its
a. Section 2(1)
b. Section 2(2)
c. Section 2(a)
d. Section 2(b)
5. Formal expression of an adjudication which, so far as records the court expressing it, conclusively determines rights of the parties, is—
a. Decree
b. Order
c. Judgement
d. Appellate order
6. Decree means:
a. an order adjudicating claims
b. informal expression of an adjudication
c. formal expression of an adjudication but shall not include any adjudication from which an appeal lies as an appeal from an order
d. none of the above
7. The essential elements of a decree:
a. these must be an adjudication
b. the determination must be of a conclusive nature
c. the adjudication must have been done in a suit
d. all of the above
8. A decree can be:
a. Preliminary
b. Final.
c. First preliminary then final
d. Either preliminary or final
9. A decree is preliminary;
a. When it is issued in the preliminary stages of the suit
b. When further proceedings have to be taken or the suit to be completely disposed of
c. When it deals with some preliminary issues
d. None of the above
10. A decree becomes final when
a. if conclusively determined the right of the parties.
b. no appeal has been preferred against the decree.
c. Both (a) and (b)
d. Neither (a) nor (b)
11. Preliminary Decree can be passed in a suit
a. for partition
b. for partnership
c. for possession and mesne profit
d. All these
12. Consider the following statements:
A ‘decree’ means and includes
i. formal expression of an adjudication which, so far as regards the court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit.
ii. any adjudication from which an appeal lies as an appeal from ah order.
iii. any order of dismissal of suit for default.
iv. rejection of plaint.
Which of the statements given above are correct?
a. (i) and (ii)
b. (ii) and (iii)
c. (i) and (iv)
d. All these
13. Under Civil Procedure Code, which of the following statements are true regarding a decree?
a. Conclusively determines the rights of parties with regard to all or any of the matters in controversy in the suit
b. Decree can be partly preliminary and partly final
c. This would not include any adjudication from which an appeal lies as an appeal from an order
d. All of them
14. Under C.P.C., which of following is not a decree?
a. Dismissal of suit in default
b. Rejection of a plaint
c. Dismissal of suit in default & rejection of a plaint
d. None
15. Which of the following decisions is not a decree?
a. Order of abatement suit
b. Dismissal of appeal as time barred
c. Rejection of plaint for non-payment of court fee
d. Order refusing to set aside sale
16. Which of the following determinations does not come under the definition of “decree”?
a. An adjudication which conclusively determines the rights of the parties with regard to some of the matters in issue before the court
b. Rejection of a plaint
c. Determination of any question under Section 144 of the Code of Civil Procedure
d. Dismissal of a suit for default
17. Decree shall be deemed to include the rejection of a plaint and the determination of any question within Section 144 of C.P.C.—
a. Wrong
b. Right
c. It includes rejection of plaint but does not includes the determination of any question within Section 144 of C.P.C.
d. It includes determination of any question within Section 144 but shall not include the rejection of a plaint
18. What will be the nature of an order passed by Court rejecting the plaint for non payment of a Court fee?
a. Decree
b. Preliminary decree
c. Interlocutory Order
d. Final Order
19. The term “Award and Decree” is used to denote
a. the order of Commissioner of Income Tax
b. the order of Collector passed while recovering the revenue
c. order of Civil Court, Arbitrator, Industrial Court, Cooperative Court etc.
d. final order of Supreme Court
20. Which of the following is/are decree/s?
a. Order of abatement of a suit
b. Dismissal of appeal as time barred
c. Dismissal of suit for want of evidence
d. All of the above
21. ‘Decree holder’ means any person in whose favor a decree has been passed or an order capable of execution has been made. This definition of the term ‘decree holder’ is mentioned under:
a. Section-2(2), C.P.C.
b. Section-2(3), C.P.C.
c. Section-2(4), C.P.C.
d. Section-2(d), C.P.C.
22. A decree holder:
a. Need not be a party to the suit
b. The term is not confined to plaintiff
c. both (a) & (b)
d. Neither (a) nor (b)
23. Under Civil Procedure Code, 1908 “Foreign Court” means
a. A court situated outside India
b. A court situated outside India and not established under the authority of Government of India
c. A court situated in India, applying foreign law
d. All of the above
24. Under Section 2(5) of CPC, two conditions must be satisfied to bring a court within the definition of a foreign court:
a. Court must be situated outside India
b. Court must not have been established by Central Government
c. Court must not continued by the Central Government
d. All of the above
25. 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.
c. judgment given by an Indian court
d. none of the above
26. ‘Judge’ is defined as the presiding officer of a Civil Court under…………….. of the Code of Civil Procedure, 1908
a. Section 2(8)
b. Section 2(4)
c. Section 2(5)
d. Section 2(2)
27. Judgment debtor means?
a. Borrower of a bank.
b. Defendant
c. Person against whom a decree is passed.
d. None of the above.
28. Judgement under Section 2(9) of the Code of Civil Procedure, 1908 means
a. a decree
b. dismissal of appeal summarily
c. statement of grounds of an order or decree
d. All the above
29. A judgement contains—
a. Concise statement of the case
b. The decision on the point of determination and the reason thereof
c. The point for determination
d. All the above
30. Under which one of the following Sections of Civil Procedure Code, 1908 “Legal Representative” has been explained?
a. Section 2(11)
b. Section 2(13)
c. Section 2(10)
d. Section 2(12)
31. Legal representative under Section 2(11) of C.P.C. means a person who is a
a. Relative of parties to the suit
b. Co-sharer of the benefits assuming to the parties to the suit
c. Who in law represents the estate of the deceased
d. None of the above
32. Which of the following is not a legal representative under Section 2(11) of the CPC?
a. Executors and administrators
b. Official assignee or receiver
c. Hindu coparceners
d. Residuary legatees
33. ‘A’ dies leaving behind a son X and 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
c. X, Y and the husband of Y as legal representative
d. X and Y both as legal representative
34. ‘Legal Representative’ as defined in Section 2(11) of C.P.C. does not include—
a. Natural heir
b. Legatee who obtains only a part of the estate of the deceased
c. Donee of the suit property
d. Person who is neither a legal heir nor an intermeddler with the estate of the deceased
35. Which of the following Sections of the Code of Civil Procedure defines the ‘Mesne Profit’?
a. Section 2(4)
b. Section 2(14)
c. Section 2(6)
d. Section 2(12)
36. As per Section 2(12) of CPC, ‘mesne profits’ of property are profits received by a person in;
a. Unlawful possession of the property
b. Wrongful possession of the property
c. Lawful possession of the property
d. Effective possession of the property
37. Which of the following pairs is not correctly matched under CPC?
a. Section 2(5) Foreign Court
b. Section 2(6) foreign judgement
c. Section 2(11) Legal representative
d. Section 2(10) Mense profit
38. Mesne profits as defined under section 2(12) Code of Civil Procedure means those profits which the person in wrongful possession of
a. such property actually received or might have received together with interest.
b. property actually received including profits due to, improvements made by such person.
c. such property actually received or might have received but without any interest on such profits.
d. such property actually received.
39. Which of the following Sections of Civil Procedure Code defines an Order?
a. Section 2(2)
b. Section 2(9)
c. Section 2(14)
d. Section 2(15)
40. Under CPC an adjudication of a court which is not a decree, is:
a. an Order
b. a Summon
c. a Rule
d. a Judgment
41. The term “prescribed” under Section 2(16) of Civil Procedure Code, 1908 means
a. prescribed by court
b. prescribed by society
c. prescribed by rules
d. none of the above
42. Who amongst the following is not “a public officer” within the meaning of Section 2(17) of CPC?
a. A Judge
b. Sarpanch of a Gram Panchayat
c. A person in the service getting pay from the Government
d. None of the above
43. The courts of small causes under Section 3 of the Civil Procedure Code, 1908 is subordinate to which of the following?
a. High Court only
b. District Court only
c. Neither (a) nor (b)
d. Both (a) and (b)
44. The Code of Civil Procedure (Amendment) Act, 2002 came into force on:
a. 01.07.2002
b. 01.04.2002
c. 04.01.2002
d. 01.06.2002
45. Which of the following statements are correct in the context of Section 5 of Code of Civil Procedure?
Revenue Court is a part of Civil Court Civil Court means courts having original jurisdiction under C.P.C. but not Revenue Court Civil Court means courts having original jurisdiction under C.P.C. including Revenue Court Revenue Court is not a part of Civil Court
a. (i) and (ii)
b. (ii) and (iii)
c. (ii) and (iv)
d. (iii) and (iv)
46. Under which Section of the Civil Procedure Code “Pecuniary Jurisdiction” of the Court has been provided?
a. Section 3
b. Section 4
c. Section 5
d. Section 6
47. Code of Civil Procedure, 1908 is a
a. substantive law
b. procedural law
c. combination of substantive law and procedural law
d. directory law
48. The Orders and Rules in the First Schedule of the Code of Civil Procedure
a. are mere guidelines
b. will prevail over the provisions of a Section
c. cannot override the provisions in a Section
d. the courts are not bound to follow them
49. The Sections in the Code of Civil Procedure
a. can be amended by the Parliament
b. can be amended by a High Court or the State Legislature
c. can be amended by the Court hearing the suit
d. can be amended by the parties to the suit
50. The Code of Civil Procedure (Amendment) Acts, 1999 and 2002 were enacted on the recommendations of
a. Santhanam Committee
b. Malimath Committee
c. Thakkar Committee
d. None of the above
51. In which Section of the Civil Procedure Code provision relating to “Suit of a Civil nature” has been provided?
a. Section 8
b. Section 9
c. Section 10
d. Section 11
52. All civil courts have jurisdiction to try—
a. All suits of a civil nature
b. All suits of civil nature except suits of which their cognizance is expressly not barred
c. All suits of civil nature except suits of which their cognizance is impliedly not barred
d. All suits of civil nature except suits of which their cognizance is expressly or impliedly barred
53. Under Civil Procedure Code, a litigant having a grievance of Civil nature has a right to institute a Civil suit, its cognizance is………………………
a. Not expressly barred
b. Impliedly barred
c. Expressly and Impliedly barred
d. None of these
54. Assertion (A) : A civil court has jurisdiction to try all suits of civil nature.
Reason (R) : The cognizance of a civil suit should be expressly barred.
Select the correct answer using the code given below:
Code:
a. Both (A) and (R) are true and (R) is the correct explanation of (A)
b. Both (A) and (R) are true and (R) is not the correct explanation of (A)
c. (A) is true, but (R) is false
d. (A) is false, but (R) is true
55. For determination of an objection under section 9 of Code of Civil Procedure as Court, the Court is to primarily see the averments made in:
a. Plaint only
b. Plaint and written statement only
c. Plaint, written statement and replication only
d. Averment made in application for return of plaint
56. Which of the following suits is a leading case on the exclusion of the jurisdiction of civil nature?
a. Dhulabhai v. State of M.P
b. Gundaji v. Ramchandra.
c. NoorMohd. Khan v. Fakirappa.
d. All of the above.
57. Which of the following suits is of civil nature?
a. Suits relating to right to property
b. Suits relating to right of worship
c. Suits for damages for civil wrongs
d. All of the above
58. Which one of the following is not a suit of civil nature?
a. Suits relating to right of worship
b. Suits relating to partnership
c. Suits relating to common law rights
d. Suits relating to political questions
59. Which one of the following is NOT a suit of civil nature?
a. Suit relating to rights of worship
b. Suit involving purely religious rights
c. Suit for rent
d. Suit for rights to hereditary office
60. Under C.P.C. find the incorrect match of the following:
a. Revenue Courts—Sections 5
b. Provincial Small Causes Courts Section 7
c. Pecuniary Jurisdiction of Courts—Section 9
d. Presidency Small Causes Courts—Section 8
61. Civil Court’s jurisdiction is barred in proceedings under
a. Industrial Disputes Act
b. Income-tax recovery under Income Tax Act
c. Administrative Tribunal Act
d. All of the above
62. Section 10 of the Civil Procedure Code, 1908 does not apply when the previous suit is pending
a. in the same court
b. in a foreign court
c. in the court outside India established or continued by the Central Government
d. in any other court in India
63. Under C.P.C., which of the following is not a suit of a civil nature
a. suit for correcting the date of birth in the service record
b. suit for declaration of the right to worship
c. suit for vindication of a mere dignity connected with an office
d. suit for a religious office
64. Which of the following in not a suit of civil nature—
a. A suit in which right to property is contested
b. A suit to which right to an office is contested
c. suit by member of a caste for his exclusion from the invitation to the caste dinner
d. A suit by member of a caste for his expulsion from the caste.
65. Which Section of the CPC lays down the rule of res sub judice?
a. Section 15
b. Section 13
c. Section 11
d. Section 10
66. The rule of res sub judice as provided in Section 10 of Civil Procedure Code: —
a. stays the trial of the subsequent suit
b. stays the trial of the previous suit
c. prevents simultaneous hearing of previous and subsequent suits under all the circumstances
d. stays the institution of the subsequent suit
67. Which of the following term means “under consideration of a Court of Law”?
a. Sine quo non
b. Res judicata
c. Double jeopardy
d. Sub judice
68. Section 10 of Civil Procedure Code can come into operation
a. Before filing of written statement in the subsequent suit
b. Before settlement of issues in subsequent suit
c. After settlement of issues in subsequent suit
d. All of these
69. Provisions of Section 10 of C.P.C. are
a. Directory
b. Mandatory
c. Discretionary
d. None of the above-
70. Which of the following is not an essential condition for the applicability of the rule of sub judice?
a. The matter in issue in the subsequent suit must be directly and substantially in issue in the previous suit.
b. Both the suits must be between the same parties or their representatives.
c. Such parties must be litigating under the same title in both the suits.
d. The subject matter and the cause of action should be same in both the suits.
71. ‘A’ the tenant files a suit for permanent injunction against ‘B’ the landlord for not to be dispossessed except by due process of law pleading that ‘B’ is planning to forcibly dispossess him. During the pendency of above suit, ‘B’ attempts to forcibly disposes ‘A’. ‘A’ files another suit for injunction.
a. The second suit is barred by res judicata
b. The rule of res sub judice will apply
c. Both (a) and (b)
d. None of the above
72. In the case of ‘res sub judice’ under Section 10 of the Code of Civil Procedure, the court can:
a. pass interim orders
b. grant of injunction
c. appoint a receiver
d. all of the above
73. Which is the correct essential conditions for applicability of the rule of sub judice?
a. The matter in issue in the subsequent suit must be directly and substantially in issue in the previous suit.
b. The parties must be litigating under the same title in both the suits.
c. Both (a) and (b)
d. Neither (a) nor (b)
74. The term “Res Sub Judice” means
a. Stay of suit
b. Stay of appeal
c. Stay of application
d. Stay of execution
75. What do the provisions of Section 11 of Civil Procedure Code deal with?
a. Res judicata
b. Res sub judice
c. Garnishee Order
d. Foreign Judgement
76. Which of the following landmark judgments of the Supreme Court deals with the applicability of res judicata in writ petitions?
a. Satyadhan Ghosal v. Deorajin Debi
b. Daryao v. State of UP
c. LIC v. India Automobiles & Co.
d. None of the above
77. The rule of res judicata is based on the principle that: —
a. there should be an end to litigation
b. no one should be troubled twice for the same cause of action
c. Both (a) and (b)
d. Neither (c) nor (d)
78. Principle of res judicata applies to………………………
a. Suits only
b. Execution proceeding only
c. Arbitration proceedings only
d. Suits as well as execution proceedings
79. The doctrine of res judicata is based on maxims:
a. Nemo debt bis vexari pro una et eadem causa (No man should be vexed twice for the same cause)
b. Interest republicae ut sit finis litium (It is in the interest of state that there should be an end to the litigation)
c. Res judicata pro veritate ocipitur (a judicial decision must be accepted as correct)
d. All of the above
80. Res-judicata means
a. Staying the suit during pendency of the previous suit between the same parties involving similar issues
b. Not trying the suit if suit involving similar issues between similar parties is decided
c. Bar to further suit
d. Expending trial of the suit
81. The principle of constructive res-judicata was explained by the Hon’ble Supreme Court in the case of
a. Daryao v. State of U.P.
b. State of U.P. v. Nawab Hussain
c. Both (a) and (b) above
d. None of the above
82. Principle of res-judicata is
a. mandatory
b. directory
c. discretionary
d. None of the above
83. Which of the following is not a case on res- judicata?
a. Duchess of Kingston’s case
b. Chhajju Ram v. Neki
c. Munni Bibi v. Triloki Nath
d. Bharat Pestonji Kaniivala v. Union of India
84. Res Judicata does not operate
a. between co-defendants
b. between co-plaintiffs
c. against a pro forma defendant
d. none of these
85. ‘Res judicata’ does not apply to:
a. between co-plaintiffs
b. between co-defendants
c. public interest litigation
d. writ of habeas corpus
86. Which provision of the Code deals with the concept of ‘constructive res judicata’?
a. Section 10
b. Section 11
c. Section 12
d. Section 13
87. That a petition dismissed under Article 226 would operate as res judicata so as to bar a similar petition in the Supreme Court under Article 32 of the Constitution was held in the case of;
a. Daryao v. State of U.P.
b. Arjun Singh v. State of M.P.
c. Sudhir Chandra v. State of W.B.
d. None of the above
88. The rule of constructive res judicata is—
a. A product of judicial interpretation
b. A rule of equity
c. Contained expressly in C.P.C.
d. A part of Supreme Court rules
89. Whether an issue heard and finally decided by a competent court of limited jurisdiction shall operate as res judicata in a subsequent suit, that the aforesaid court was not competent of try:
a. No
b. Yes
c. Answer would depend upon the nature of the issue
d. None of the above
90. Which one of the following is not essential condition for application of Res Judicata?
a. Previous suit was finally heard and decided by the Court of Competent Jurisdiction
b. Previous suit must be pending before a Court
c. Parties in previous and the subsequent suits must be the same
d. Subject matter of previous and the subsequent suits must be the same
91. A decision or finding given by court 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.
92. 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. Ill to Section 11 of CPC
b. V to Section 11 of CPC
c. VI to Section 11 of CPC
d. IV to Section 11 of CPC
93. Section 11 of the Code of Civil Procedure contains:
a. Five Explanations
b. Six Explanations
c. Seven Explanations
d. Eight Explanations
94. ‘A’ sues for possession of Math property as an heir of Mahant. The suit is dismissed on his failure to produce the succession certificate. ‘A’ files subsequent suit as manager of the Math. Is the suit barred?
a. The second suit will be barred by res judicata
b. The second suit will not be barred by res judicata
c. The second suit is barred by res sub judice
d. None of the above
95. Which one of following conditions must be satisfied in order to apply the rule of res judicata as between co-defendants?
a. There should not be conflict of interest between the defendants
b. They must be co-defendants in more than one suit
c. The question between the defendants must have been finally decided
d. The question between the defendants must not have been finally decided
96. A suit for compensation for wrong done to the person or to movable 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 opinion of the plaintiff
d. can be instituted anywhere in India
97. Which of the following statements is true?
a. A suit for recovery of immovable property shall be instituted in the court in whose jurisdiction the property is situated.
b. A suit for partition of immovable property shall be instituted in the court in whose jurisdiction the defendant resides or works for gain.
c. Both (a) and (b)
d. Neither (a) nor (b)
98. Suit for partition of immovable property shall be instituted in the Court where:
a. Plaintiff resides
b. Plaintiff carries on his profession
c. Subject matter is situated
d. With the permission of the District Judge, in any Court
99. Place of institution of suit in respect of immovable 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
100. A suit for partition of properties situated in different cities:
a. separate suits have to be filed in each of the cities where the properties are situated.
b. can be instituted in a city where any property are situated.
c. can be instituted in a city where majority of properties/property of maximum value is situated
d. can be instituted where defendants or any of them resides.
101. Where the local limits of jurisdiction of Courts are uncertain, the place of institution of suit shall be decided according to the provisions of
a. Section 16 of CPC
b. Section 17 of CPC
c. Section 18 of CPC
d. Section 19 of CPC
102. Section 18 of the Civil Procedure Code provides for
a. Place of institution of suit in respect of immovable property where the property is situated in the jurisdiction of one court
b. Place of institution of suit in respect of immovable property where the property is situated in the jurisdiction of different courts
c. Place of institution of suits in respect of immovable property where the local limits of jurisdiction of courts are uncertain
d. All the above
103. An immovable property held by Y is situated at Bhopal and the wrongdoer personally works for gain at Indore A suit to obtain compensation for wrong to the property may be instituted:
a. At Bhopal
b. At Indore
c. Either at Bhopal or at Indore
d. None of these
104. A suit shall be instituted in a Court within the local limits of whose jurisdiction:
a. The plaintiff resides
b. The Stamp Paper for entering into the contract was purchased
c. Where no cause of action in part or full arose
d. Where the cause of action wholly or in part arose
105. Mohan residing in Mumbai beats Sohan in Delhi. Sohan may sue Mohan:
a. only in Mumbai
b. only in Delhi
c. either in Mumbai or in Delhi
d. none of these
106. A suit for damages for breach of contract can be filed at a place:
a. Where the contract was executed
b. Where the contact was to be performed
c. Where the plaintiff resides
d. Both (a) and (b)
107. Which of the following is a basis of the jurisdiction of a court?
a. Subject matter
b. Pecuniary value
c. Local limits
d. All of these
108. Objection as to place of suing shall be allowed in the court of first instance is the essence of:
a. Section 21A of C.P.C.
b. Section 20 of C.P.C.
c. Section 22 of C.P.C.
d. Section 21 of C.P.C.
109. 'Under which provision of the C.P.C, is a suit to Set aside a decree on the ground of lack of territorial jurisdiction barred?
a. Section 21
b. Section 21A
c. Section 22
d. Section 37
110. Section 21 of the CPC deals with………………
a. pecuniary and Territorial jurisdiction
b. subject matter and personal jurisdiction
c. personal and admiralty jurisdiction
d. probate and summary jurisdiction
111. According to Section 21 of the CPC when can an objection as to the place of the suing be taken?
a. Any time
b. Can be taken at appellate or revision stage for the first time
c. Before the Court of first instance at the earliest possible opportunity
d. None of the above
112. Under the Code of Civil Procedure, 1908, objection to jurisdiction as to the place of suing shall not be allowed by any Appellate or Revisional Court. Unless such objection was taken
a. in the court of first instance.
b. at the earliest possible opportunity.
c. and there has been a consequent failure of justice.
d. when all the conditions of (a), (b). and (c) are fulfilled.
113. Under which provision of Civil Procedure Code, a High Court can transfer any case?
a. Section 20
b. Section 12
c. Section 24
d. Section 15
114. The general power to transfer suits under section 24 has been granted to:
a. High Court
b. District Court
c. Both (a) and (b)
d. Supreme Court
115. Under which provision of Civil Procedure Code, a Supreme Court can transfer a case?
a. Section 25 C.P.C.
b. Section 20 C.P.C.
c. Section 12 C.P.C.
d. Section 15 C.P.C.
116. By whom can the transfer of suit or proceeding from one state to other state be ordered?
a. Central Government
b. Supreme Court
c. High Court
d. Parliament
117. The provision for the institution of suits is given in which of the following sections of C.P.C.?
a. Section 26
b. Section 30
c. Section 28
d. Section 25
118. In every plaint, under Section 26 of CPC, facts should be proved by
a. oral evidence
b. affidavit
c. document
d. none of the above
119. A person against whom summons has been issued may be compelled under section 32 of C.P.C. to attend by—
1. Issue of a warrant
2. Attachment and sale of his property
3. Imposing a fine
4. Ordering him to furnish security for his appearance
a. 1 and 4
b. 3 and 4
c. 1, 2, 3 and 4
d. 2 and 4
120. The court may compel the attendance of any person to whom a summons has been issued under Section 32 C.P.C. and for the purpose may impose a fine upon him not exceeding:
a. Rs. Five hundred
b. Rs. One thousand
c. Rs. Three thousand
d. Rs. Five thousand
121. Provision for interest in CPC has been made
a. under Section 32
b. under Section 34
c. under Section 35A
d. under Section 35B
122. Under Section 34 of Civil Procedure Code, Court can award interest from the date of decree to the date of payment or such earlier date as the Court thinks fit. Rate of such interest shall not exceed per annum.
a. Nine per cent
b. Ten per cent
c. Six per cent
d. Twelve per cent
123. Where a decree is silent as regards future interest
a. Further interest shall be deemed to have been refused and a separate suit shall lie for the same
b. Further interest shall be deemed to have been refused and a separate shall not lie for the same
c. Only (a) is correct
d. None of the above
124. The expression, “Each party shall bear his own costs” implies that
a. both the parties are entitled to cost from each other
b. both the parties are not to be deprived of costs
c. both the parties are to be deprived of costs
d. both the parties are not entitled to cost from each other
125. Under the Code of Civil Procedure, 1908, for the first time provision for compensatory costs in respect of false or vexatious claims or defences, has been made under
a. Section 35 of the Code
b. Section 35(B) of the Code
c. Section 35(A) of the Code
d. Section 34 of the Code
126. Compensatory costs under Section 35A of CPC can be imposed to the extent of
a. Rs. 3,000
b. Rs. 6,000
c. Rs. 10,000
d. without any limit
127. Which one of the following order is appealable?
a. Order Under Section 35
b. Order Under Section 35A
c. Order Under Section 35B
d. Order Under Section 90
128. In the Code of Civil Procedure, Section 35B is added by the Amendment Act of 1976 for providing:
a. compensatory costs
b. costs for causing delay
c. general costs
d. miscellaneous costs
129. Costs imposed under Section 35B of CPC:
a. shall be included in the costs awarded in the decree passed in the suit
b. shall not be included in the costs awarded in the decree passed in the suit
c. shall, if not paid, be executable against the person on whom the costs have been imposed
d. only (b) and (c)
130. The principles governing execution of decree and orders in CPC are dealt within:
a. Section 36 to 74 (substantive law) and Order 21 (procedural provisions)
b. Section 36 to 74 (procedural provisions) and Order 21 (substantive)
c. Section 148A
d. Section 148 to 1538
131. The expression ‘Court which passed a decree’ is defined under which section Civil Procedure Code
a. 2(2)
b. 2(3)
c. 37
d. 38
132. A decree may be executed under Civil Procedure Code by:
a. Collector
b. Sub-Collector
c. Tehsilder
d. The Court which passed the decree
133. A decree may be executed by:
a. District Judge
b. Commissioner
c. Court which has passed the decree
d. Either by the Court which has passed the decree or to which the decree is sent for execution
134. A decree for execution cannot be sent to a:
a. Foreign court
b. Court outside India established by the authority of Central Government
c. Both (a) & (b)
d. Neither (a) nor (b)
135. The application for execution of decree may be transferred from one court to another court:—
a. if the party feels that there is a possibility of delay in justice on the part of court
b. if the defendant lives or does business in the jurisdiction of that court where the application for execution of decree have to transfer
c. if the plaintiff has gone from the jurisdiction of the court which has passed the decree
d. not included in these
136. Court not competent to execute the decree:—
a. Court which has passed the decree.
b. Court to which it is sent for execution
c. Both (a) and (b)
d. court of collector
137. Provisions of Section 39 of CPC are:
a. permissive and not mandatory
b. mandatory and not permissible
c. mandatory and discretionary
d. none of the above
138. Where a decree is to be sent to a Court in another State for execution, it has to be sent by:
a. The High Court
b. The-District Court
c. The Court which passed the decree
d. The Court which passed the decree with the consent of the High Court
139. Which of the following statements is correct?
The court which passed the decree may transfer it to another competent court if the
a. judgment debtor carries on business within the jurisdiction of the latter court.
b. judgment debtor has no property within the jurisdiction of the former court sufficient to satisfy such decree but has property within the jurisdiction of the latter court.
c. decree directs the sale of immovable property situated outside the local jurisdiction of the former court.
d. All these.
140. A court to which decree has been transferred for execution cannot, while executing?
a. order attachment
b. execute the decree against the legal representative of the decreased judgment debtor
c. send the decree for execution to another court
d. order execution at the instance of the transferee of the decree
141. Words ‘competent jurisdiction’ under Section 39 of C.P.C. refers to
a. Pecuniary jurisdiction of transferee Court
b. Territorial jurisdiction of the transferee Court
c. Pecuniary and territorial jurisdiction of the transferee Court
d. None of the above
142. Provision relating to ‘Precept’ is provided in Civil Procedure Code under
a. Section 40
b. Section 44A
c. Section 45
d. Section 46
143. Precept means
a. command
b. order
c. writ
d. all of the above
144. ‘An order or direction given by the court which passed the decree to a court which would be competent to execute the decree, to attach any property belonging to the judgement debtor, is called:
a. precept
b. garnishee order
c. interlocutory order
d. simultaneous execution
145. Precepts are issued under section 46 of CPC for;
a. Serving summons on persons residing beyond local jurisdiction
b. Serving a warrant on the judgment-debtor
c. Attaching the property of the judgment-debtor
d. None of the above
146. Which provision deals with determination of question relating to discharge, satisfaction etc. of the decree?
a. Section 48 of the Civil Procedure Code
b. Section 46 of the Civil Procedure Code
c. Section 47 of the Civil Procedure Code
d. Section 21 of the Civil Procedure Code
147. Under Section 47 of the Code of Civil Procedure, which question does not relate to the execution, discharge or satisfaction of decree?
a. Whether a decree is executable?
b. Whether the property is liable to be sold in execution of the decree?
c. Whether the decree is fully satisfied?
d. Whether the decree is fraudulent or collusive?
148. An Executing Court cannot determine the questions relating to which of the following?
a. Execution of decree
b. Discharge of decree
c. Satisfaction of decree
d. Modification of decree
149. During proceeding for execution of a decree, if a question arises as to whether any person is or is not the representative of a party, such question shall be determined by
a. the court which passed the decree
b. the court executing the decree
c. the Appellate Court
d. a separate suit
150. Where a judgment-debtor dies before the decree has been fully satisfied:
a. the same cannot be executed against the legal representatives
b. the same can be executed against anyone of the legal representatives of the judgment debtor in its entirety
c. the same can be executed against all the legal representatives
d. the same can be executed against any number of the legal representatives as the decree holder wants
151. In execution of a decree for the maintenance, salary of a person can be attached to the extent of
a. one-fourth
b. one-third
c. two-third
d. one-half
152. Which of the following properties of a judgment debtor are liable to be attached:
a. personal ornaments of religious usage of a woman
b. tools of artisan and cattle and seed grain
c. books of accounts
d. shares in a corporation and government securities
153. Properties that can be attached are:
a. Money, Bank Notes, Cheques, Bills of exchange, Hundis, Promissory notes
b. Stipends and gratuities allowed to pensioners of the Government
c. Books of account
d. All of the above
154. Which one of the following properties are liable to attachment or sale in the execution of a decree under Code of Civil Procedure?
a. Mere right to sue for damages
b. A promissory note
c. Books of account
d. A right of personal service
155. Which of the following kinds of property is not liable to attachment and sale in execution of a decree?
a. Money
b. Shares
c. Land
d. Personal ornaments, which cannot be parted by any woman
156. Private alienation of property after attachment of the same is—
a. Voidable at the option of the decree holder
b. Voidable at the option of the judgement debtor
c. Void ab initio
d. Void as against all claims enforceable under the attachment
157. Where immovable property is sold in execution of a decree and such sale has become absolute, the property shall be deemed to have vested in the purchaser from the time:
a. when the sale becomes absolute
b. when the property is sold
c. when the purchaser acquires possession
d. depends on the court
158. Which of the following person may not file an application for execution under Civil Procedure Code, 1908 namely
a. A decree holder
b. Legal representative, if the decree holder is dead
c. A person claiming under decree holder
d. Judgment debtor
159. A money decree may be executed by
a. attachment and sale of any property of the judgment debtor.
b. arrest and detention in prison of the judgment debtor for indefinite period.
c. Both (a) and (b)
d. Neither (a) nor (b)
160. Where decree is for the partition of an undivided estate assessed to the payment of revenue to the government, the partition of the estate, in accordance with the law for the time being in force, shall be made by—
a. The Naib Tahsildar
b. The Nazir
c. The Collector
d. The Commissioner appointed by the court
161. Section 75 of C.P.C. deals with
a. Power to issue summons
b. Power to issue commission
c. Right to appeal
d. Res judicata
162. A civil court cannot issue commission in the following case—
a. for examining a person
b. For examining accounts
c. to execute partition
d. To execute a decree
163. Court may not issue a commission:
a. to examine any person
b. to examine accounts
c. to perform any ministerial act
d. to arrest a person
164. For which of the following purpose a commission is not issued?
a. To make local investigation
b. To examine a person
c. To order a party to appear in the Court and answer the claim
d. To make a partition
165. The stipulation, that in a suit by the Central Government, the authority to be named as plaintiff shall be “the Union of India” has been provided for in Section:
a. 78
b. 79
c. 79A
d. 77
166. As provided in Section 79 of the Code of Civil Procedure a suit by the Central Government must be filed in the name of
a. The President of India
b. Attorney General of India
c. Prime Minister of India
d. Union of India
167. For instituting a suit against the Government or against a Public Officer in official capacity, the notice period under Section 80 of CPC is
a. 3 months
b. 2 months
c. 1 month
d. 15 days
168. Under which section of C.P.C. a notice is required to be given at least two months before filing a suit against a Central or State Government?
a. Section 50 C.P.C.
b. Section 51 C.P.C.
c. Section 80 C.P.C.
d. Section 81 C.P.C.
169. In which of the following cases the Supreme Court has upheld the validity of Section 51 of Code of Civil Procedure?
a. Xavier v. Bank of Canara
b. The Visaka case
c. Indian Gramophone Co. v. Birendra Bahadur Pandy
d. jolly George Verghese v. Bank of Cochin
170. Which of the following statements is correct?
a. No suit, not involving urgent or immediate relief, may be instituted against the Central Government except after serving a notice of two months.
b. A decree against the Union of India may not be executed unless it remains unsatisfied for a period of three months.
c. Both (a) and (b) are correct.
d. Both (a) and (b) are incorrect.
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