Quiznetik

Civil Procedure Code (CPC) | Set 1

1. The Code of Civil Procedure came into force with effect from____

Correct : C. 1 january 1909

2. Among the following in which Section the term “decree” is define–

Correct : B. section 2(2)

3. Decree includes–

Correct : A. the rejection of a plaint

4. Decree includes–

Correct : D. both (b) and (c) above

5. Order of dismissal for default is–

Correct : D. none of the above

6. Legal representative means/includes

Correct : D. all of the above

7. “Order” means the formal expression of any decision of a Civil Court which is not a decree–

Correct : C. section 2(14)

8. Foreign judgment means the judgment of a foreign Court. The term foreign judgment is defined under Section–

Correct : A. 2

9. Every______ is appealable–

Correct : A. decree

10. Cause of action may be described as–

Correct : A. a bundle of essential facts necessary for the plaintiff to prove

11. Which one of the following court has original as well as appellate jurisdiction–

Correct : B. district court

12. No suit would lie to set aside a decree on objection as to–

Correct : D. both (b) and (c) above

13. A defendant to a suit against whom no relief is claimed is called

Correct : B. pro-forma defendant

14. Section 9 of the Code confers jurisdiction in–

Correct : A. civil matter

15. Among the following which are suits of a Civil nature–

Correct : D. both (a) and (b) above

16. Among the following which are suits of civil nature–

Correct : C. suits relating to taking out of religious processions

17. A Civil Court has jurisdiction to try a civil suit unless its cognizance is barred–

Correct : C. either (a) or (b)

18. Mark the incorrect statement______

Correct : D. none of the above

19. Mark the Correct statement–

Correct : B. every presumption should be made in favour of jurisdiction of a civil court

20. Jurisdiction of a Court depends upon the___

Correct : A. averments made in a plaint

21. Doctrine of res sub judice is provided under Section–

Correct : B. 10

22. Section 10 of the Code deals with–

Correct : A. stay of civil suits

23. Which of the following is based upon equity–

Correct : C. estoppels

24. The Code of Civil Procedure was enacted on-

Correct : A. 21/03/1908

25. Among the following______ conclusively determines the rights of the parties–

Correct : A. decree

26. A statement given by Judge on the ground of decree or order is called___

Correct : C. judgment

27. The term ‘Resjudicata’ means–

Correct : C. a matter already adjudicated

28. A decree becomes final–

Correct : C. both (a) and (b) above

29. A decree, when an adjudication completely disposes of the suit, is–

Correct : B. a final decree

30. An order rejecting the plaint for non-payment of the court fees is–

Correct : A. decree

31. If a plaint is rejected for non-payment of Court fee, the remedy is

Correct : A. appeal

32. Among the following which section put a bar to further suit–

Correct : B. section 12

33. A foreign judgment not pronounced by Court of competent jurisdiction will–

Correct : A. be not conclusive

34. According to section 21 of the Code, objection at jurisdiction of Court can be raised on–

Correct : A. trial

35. Suits for the recovery of movable property actually under distraint or attachment shall be instituted in the Court within the local limit of whose jurisdiction the–

Correct : C. property is situate

36. The Code of Civil Procedure (Amendment) Act, 1999 as well as the Amendment Act, 2002 were held constitutionally valid in the case of–

Correct : D. salem advocate bar association v. uoi

37. Which of the following sections of the Code defines “suit”_____

Correct : D. not defined

38. The words ‘rights’ in the definition of decree as given under Section 2(2) of the Code, means–

Correct : A. substantive rights

39. Once a Preliminary decree is passed in a suit

Correct : B. the suit will continue

40. A judgment contemplates a stage___ the passing of a decree–

Correct : B. prior to

41. Mesne profit_______ include profits due to improvements made by the person is wrongful possession of property______

Correct : A. shall not

42. Mesne profit can be claimed with respect to

Correct : A. immovable property only

43. The interest on mesne profit shall not exceed______ per annum–

Correct : B. 6%

44. The official request that a Court should not take a particular action without issuing notice to the applicant party is called–

Correct : C. caveat

45. The jurisdiction of the Civil Court is based on–

Correct : D. all of the above

46. A written statement–

Correct : D. both (a) and (b) above

47. Provision regarding Res subjudice are–

Correct : A. mandatory

48. Which of the following sections of the Code is intended to prevent two parallel proceedings in respect of same cause of action–

Correct : C. section 10

49. A decree may be executed by

Correct : D. both (a) and (b) above

50. Among the following who cannot be arrested during execution of money decree–

Correct : A. women

51. Under the Code the provision of notice before instituting a suit against the Government is given in–

Correct : B. section 80

52. Inherent powers of the Court can be exercised under the Code–

Correct : C. for the ends of justice or to prevent abuse of the process of the court

53. A residing in Dehradun, beats B in Delhi. B may sue A under the Code–

Correct : C. either (a) or (b)

54. A person may sue a foreign State–

Correct : A. only with the consent of the central government

55. Objection as to place of suing shall be allowed in the Court of first instance is the essence of–

Correct : C. section 21

56. Where it appears to the Court that there exist element of a settlement the Court shall

Correct : C. refer the same for arbitration, conciliation or mediation

57. A decree for execution cannot be sent to a–

Correct : A. foreign court

58. Which of the following must be stated in the pleadings–

Correct : A. facta probanda

59. Agreement between the parties to institute the suit relating to disputes in a particular Court–

Correct : C. both (a) and (b) above

60. The Doctrine of res judicata applies to–

Correct : B. static situations

61. An order allowing or disallowing an application for amendment is–

Correct : D. none of the above

62. The defendant against whom an exparte decree has been passed can prefer an appeal under

Correct : C. section 96(2)

63. Where the relief claimed by the plaintiff is undervalued and the valuation is not corrected within the time fixed or extended by the Court–

Correct : B. the plaint will be rejected

64. Which of the following does not deals with final determination of contested questions and have the binding effect in future litigation

Correct : A. res subjudice

65. Among the following cases in which the test of res judicata between codefendants has been laid down by the Supreme Court–

Correct : C. mahboob shab v. syed ismail

66. Which of the following operate as res judicata–

Correct : B. an exparte decree

67. The provisions relating to abatement do not apply to–

Correct : B. execution proceedings

68. Interrogatories shall be answered by affidavit to be filed within_____ after the service of it–

Correct : C. 10 days

69. Section 34 of the Code does not deal with–

Correct : B. interest prior to suit

70. At the first hearing of the suit, the Court must–

Correct : B. ascertain upon what material propositions of fact or of law the parties are at variance

71. Under order 7 Rule 11 of the Code. The plaint shall not be rejected–

Correct : D. where it discloses cause of action

72. Application under Order 9 Rule 7 of the Code to set aside the order of ex-parte proceeding may be filed–

Correct : A. at or before the date of fixed for hearing

73. Which section of the Code prove enforcement of decree against legal representative–

Correct : B. section 52

74. Among the following in which section property liable to attachment and sale in execution of decree is provided–

Correct : A. section 60

75. A judgment debtor has been arrested, may not release among the following ground–

Correct : D. none of the above

76. Among the following properties, which shall not be liable for attachment under the Code–

Correct : C. a mere right to sue for damages

77. Among the following which section deals with the proceeds of execution-sale to be rateably distributed among decree-holders–

Correct : C. section 73

78. Section which deals with the interpleader suit–

Correct : D. 88

79. A decree is passed against the Union of India or a State, execution shall not be issued on any such decree unless it remains unsatisfied for the period of–

Correct : B. three months

80. No order for detention of the judgment debtor in civil prison in execution of a decree for the payment of money shall be made, where the total amount of the decree not exceed–

Correct : B. two thousand

81. In which of the following cases, the Court may not issue a commission–

Correct : D. for execution of a decree

82. Appellant Court shall not have power–

Correct : D. none of the above

83. The Limitation Act contains

Correct : D. both (a) & (b) are correct

84. The doctrine which place emphasis on the plaintiff’s duty to exhaust all available grounds in support of his claim–

Correct : C. principle underlying order 2 rule 2 (splitting of claim)

85. Remedy available against rejection of plaint is–

Correct : C. either (a) or (b)

86. A claim by way of____ may be allowed even if it is time barred when there is a fiduciary relationship between the parties–

Correct : A. an equitable set-off

87. A suit filed on behalf of a minor

Correct : C. can be withdrawn only with the leave of the court

88. Which of the following deals with the transfer of decree to Court in another State in the Code of Civil Procedure?

Correct : A. Section 40

89. Which of the following deals with proceeds of execution- sale to be rateably distributed among decree holders in the Code of Civil Procedure?

Correct : C. Section 73

90. Which of the following deals with second appeal in the Code of Civil Procedure?

Correct : D. Section 100

91. Which of the following deals with power of High Court to make rules as to their original civil procedure?

Correct : D. Section 129

92. Which of the following sections of the Code of Civil Procedure has been repealed by the Repealing and Amending Act, 1952 (48 of1952)?

Correct : C. Section 155

93. Court may order defendant or plaintiff to appear in person under which of the following in the Code of Civil Procedure?

Correct : B. Order 5, Rule 3

94. Which of the following deals with when plaintiff sues as representatives in the Code of Civil Procedure?

Correct : D. Order 7, Rule 4

95. 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?

Correct : C. Order 9, Rule 1

96. Which of the following deals with verified copies in the Code of Civil Procedure?

Correct : B. Order 11, Rule 19

97. Which of the following deals with power to order attendance of deponent for cross-examination in the Code of Civil Procedure?

Correct : D. Order 19, Rule 2

98. Which of the following deals with application to Court whose decree complained of in the Code of Civil Procedure?

Correct : C. Order 45, Rule 2

99. A sues B to recover a debt or damages for breach of contract. Pending the suit A is adjudged insolvent.

Correct : A. The official assignee or receiver is a necessary party to suit

100. Which of the following deals with theresult of execution proceedings to becertified in the Code of Civil Procedure?

Correct : B. Section 41