Civil Procedure Code MCQ

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
Ans. 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
Ans. 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
Ans. 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
Ans. 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
Ans. 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
Ans. 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
Ans. 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
Ans. 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
D. None of these
Ans. 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
Ans. 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
D. None of these
Ans. 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
Ans. 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
Ans. 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
D. None of these
Ans. 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
Ans. 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
D. None of these
Ans. 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
Ans. 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
Ans. 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
Ans. 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
Ans. 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
Ans. 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
Ans. 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
Ans. 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
Ans. 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
Ans. 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
Ans. 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
Ans. 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
Ans. 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
Ans. 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
Ans. 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
Ans. 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
Ans. 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
Ans. 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
Ans. 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
Ans. 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
Ans. 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
Ans. 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
D. None of these
Ans. 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
Ans. 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)
Ans. 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
D. None of these
Ans: 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
Ans: 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
Ans: 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
Ans: 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
Ans: 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
Ans: 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
Ans: 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
Ans: 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
Ans: 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
Ans: 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
Ans: 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
Ans: 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
Ans: 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
Ans: 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
Ans: 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
Ans: 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
Ans: 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
Ans: 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
D. None of these
Ans: 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
D. None of these
Ans: 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
Ans: 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
D. None of these
Ans: 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
Ans: 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
D. None of these
Ans: 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
Ans: 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
Ans: 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
Ans: 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
Ans: 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
Ans: 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
Ans: 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).
Ans. (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.
Ans. (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.
Ans. (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).
Ans. (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.
Ans. (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.
Ans. (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.
Ans. (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).
Ans. (c)
79. Principle of res-judicata is:
(a) mandatory
(b) directory
(c) discretionary
(d) all the above.
Ans. (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).
Ans. (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).
Ans. (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.
Ans. (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.
Ans. (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.
Ans. (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.
Ans. (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.
Ans. (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.
Ans. (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).
Ans. (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.
Ans. (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.
Ans. (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).
Ans. (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.
Ans. (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.
Ans. (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.
Ans. (c)
95. Place of suing in respect of suits for compensation for
wrongs to persons or moveable property has been dealt
with:
(b) under section 19 of CPC
Ans. (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.
Ans. (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.
Ans. (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).
Ans. (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).
Ans. (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).
Ans. (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.
Ans. (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.
Ans. (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.
Ans. (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).
Ans. (d)
105. A suit to set aside a decree on the ground of lack of
territorial jurisdiction is barred:
(b) under section 21A of CPC
Ans. (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.
Ans. (c)
107. Section 20 of CPC does not apply to:
(a) arbitration proceedings
(b) civil proceedings
(c) both (a) & (b)
Ans. (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)
Ans. (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.
Ans. (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)
Ans. (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)
Ans. (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.
Ans. (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
Ans. (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.
Ans. (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).
Ans. (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).
Ans. (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.
Ans. (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.
Ans. (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.
Ans. (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.
Ans. (b)
Multiple Choice Questions
The Code of Civil Procedure, 1908
Along with Answer Key
1. Principle of Res-Judicata applies:-

(a) To suits only
(b) To executing proceedings
(c) To arbitration proceedings
(d) To Suits as well as execution proceedings
2. The rule of Constructive Res Judicata is:-
(a) A product of Judicial interpretation
(b) A rule of equity
(c) Contained expressly in CPC
(d) Apart of Supreme Court rules
3. In which of the following writs, the doctrine of res judicata is not applicable?
(a) Certiorari
(b) Mandamus
(c) Quo Warranto
(d) Habeas Corpus
4. The provision of Res Judicata also apply to the execution proceeding of decree:-
(a) True
(b) False
(c) Res judicata only applies to the suit
(d) Not apply if objection is raised by JDr
5. Whether an issue heard finally decided by a competent court of limited jurisdiction, shall
operate as res judicata in subsequent suit that the aforesaid court was not competent to
try?
(a) No.
(b) Yes
(c) Answer would depend upon the nature of the issue
(d) None of these
6. Which of the following cases is related to the principle of rejuducata?
(a) Satyacharan V. Devrajan
(b) M.S Cooperative marketing Federation Ltd. V. Indian Bank Bombay
(c) P.C. Jairath V. Amrit Jairath
(d) All the above
7. Under which explanation of Section-11of Civil Procedure Code Constructive Resjudicata
has been explained?
(a) Explanation – I
(b) Explanation – II
(c) Explanation – III
(d) Explanation – IV
8. Doctrine of Res judicata as contained in section 11 C.P.C. is based on the maxim
(a) Interest republicae at sit finis litium
(b) Nemo debet bis vexari pro una eadem causa
(c) Both (a) or (b)
(d) Either (a) or (b)
9. 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 suit must be the same
(d) Subject matter of previous and the subsequent suits must be the same
10. A alleging that he is the adopted son of X, sues B to recover certain property granted to
him by X, under a deed and forming part of X’s estate. The court finds that A is not the
adopted son of X, but he is entitled to the property under the deed and a decree is passed
for A. The finding that A is not the adopted son of X:-
(a) Will not operate as res judicata in a subsequent suit between A and B in which the
question of adoption is again put in issue.
(b) Will operate as res judicata in a subsequent suit between A and B.
(c) Depends on the court’s discretion
(d) None of the above
11. In which of the following the cases, the doctrine of Constructive res judicata is not
applicable:-
(a) A sues B on contract and obtains decree. B afterwards sues for rescission of the
contract on the ground that it did not fully represent the agreement between the
parties,
(b) A sues B for possession of certain property alleging that it comes to his share on
Partition of Joint Family Property. B’s contention is that the partition has not
taken place is upheld and the suit is dismissed. A subsequent suit was filed by A
against B for partition of Joint Family Property.
(c) A files a suit against B to recover money on a pro-note. B contends that the
promissory note was obtained from him by undue influence. The objection is
overruled and the suit is decreed. B challenges the promissory note on the ground
of coercion and fraud in the subsequent suit.
(d) All of the above
12. 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) III 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
13. 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) Cannot operate as res judicata under certain circumstances only
(d) May operate as res judicata or may not operate as res judicata
14. Section 11 of the Code of Civil Procedure contains:-
(a) Six Explanations
(b) Seven Explanations
(c) Eight Explanations
(d) Nine Explanations
15. A sues B for rent. B contends that C and not A is the landlord. A fails to prove his title
and the suit is dismissed. A then sues B and C for a declaration of his title to the property.
Whether the suit is barred?
(a) The suit is not barred as the parties in both the suits are not the same
(b) The suit is barred a the relief claimed is almost same
(c) The suit is barred as the parties in both the suits are the same
(d) The suit is not barred as relief claimed is different
16. A sues for possession of Math property as an heir of Mahant. The suit is dismissed on his
failure to produce the succession 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
17. Res judicata does not operate:-
(a) Between co-defendants
(b) Between co-plaintiffs
(c) Against a per-forma defendant
18. Res judicata is:-
(a) a question of law
(b) a fact which should be pleaded
(c) a fact which need not be pleaded
(d) a matter which can be taken judicial notice of
19. In a suit filed by ‘A’ against ‘B’ the suit was dismissed. ‘A’ instituted a second suit with
regard to the same subject matter. The Munsiff rejected the contention of the defendant
that the second suit is barred by the principle of res judicata on the ground that the nature
of the interest of the defendant changed after the dismissal of the first suit. The finding of
the Munsiff is:-
(a) Legal
(b) Illegal
(c) A Nullity
(d) Only irregular
20. Decision on question of limitation:-
(a) Operates as re judicata
(b) Does not operates as re judicata
(c) Operates as re judicata, if not erroneous
21. “Any relief claimed in the plaint, which is not expressly granted by the decree, shall, for
the purpose of this section, be deemed to have been refused”. This provision is
incorporated in:-
(a) Section 11, Explanation II
(b) Section 11, Explanation III
(c) Section 11, Explanation IV
(d) Section 11, Explanation V
22. An order passed without jurisdiction, attains finality in favour of some parties. Whether
principle of re judicata, under C.P.C., would apply to such an order, between same
parties?
(a) Yes
(b) No
(c) Depends upon the nature of suit
(d) It is discretion of Court
23. The expression ‘former suit’ in the context of rule of res judicata means a suit which has
been:-
(a) Instituted prior to the suit in question
(b) Decided prior to the suit in question
(c) Both (a) & (b)
(d) Neither (a) nor (b)
24. A decision in a suit may operate as re-judicata against persons not expressly named as
parties to the suit by virtue of ‘Explanation’ :-
(a) II Section 11 of C.P.C.
(b) IV Section 11, of C.P.C.
(c) VI Section 11, of C.P.C.
(d) VII Section 11, of C.P.C.
25. Principle of Res judicata is:-
(a) Mandatory
(b) Directory
(c) Discretionary
(d) All the above
Answer Key
Q.1. (d) Q.6. (a) Q.11.(b) Q.16. (b) Q.21. (d)

Q.2. (c) Q.7. (d) Q.12. (c) Q.17. (c) Q.22. (b)
Q.3. (d) Q.8. (c) Q.13. (b) Q. 18. (b) Q.23. (b)
Q.4. (a) Q.9. (b) Q.14. (c) Q.19. (a) Q.24. (c)
Q.5. (b) Q.10. (b) Q.15. (a) Q.20. (a) Q.25. (a)
Code of Civil Procedure (CPC) MCQs [set-4]
76. Among the following properties, which shall not be liable for
attachment under the Code–
A. government securities
B. bank notes
C. a mere right to sue for damages

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D. all of the above
.c
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Answer: C
a
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77. Among the following which section deals with the proceeds of
c
execution-sale to be rateably distributed among decree-holders–
A. section 60
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B. section 67
C. section 73
D. section 75
Answer: C
78. Section which deals with the interpleader suit–
A. 38
B. 79
C. 84
D. 88
Answer: D
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79. A decree is passed against the Union of India or a State, executionshall
not be issued on any such decree unless it remains unsatisfied forthe
period of–
A. two months
B. three months
C. one months
D. six months
Answer: B
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.c
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80. No order for detention of the judgment debtor in civil prison in
execution of a decree for the payment aof money shall be made, where the
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total amount of the decree not exceed–
q
c
A. one thousand
B. two thousand
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C. five thousand
D. ten thousand
Answer: B
81. In which of the following cases, the Court may not issue a
commission–
A. to examine any person
B. to make a partition
C. to hold a scientific, technical or expert investigation
D. for execution of a decree
Answer: D
82. Appellant Court shall not have power–
A. to remand a case

B. to determine a case finally
C. to take additional evidence
D. none of the above
Answer: D
83. The Limitation Act contains
A. 32 sections
B. 137articles
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C. 30 sections
.c
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D. both (a) & (b) are correct
a
Answer: D
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c
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84. The doctrine which place emphasis on the plaintiff’s duty to exhaust all
available grounds in support of his claim–
A. estoppels
B. res judicata
C. principle underlying order 2 rule 2 (splitting of claim)
Answer: C
85. Remedy available against rejection of plaint is–
A. plaintiff may prefer an appeal
B. plaintiff may present a fresh plaint in respect of the same cause of action
C. either (a) or (b)
Answer: C

86. A claim by way of____ may be allowed even if it is time barred when
there is a fiduciary relationship between the parties–
A. an equitable set-off
B. a legal set off
C. a counter claim
D. all of the above
Answer: A
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87. A suit filed on behalf of a minor .c
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A. cannot be withdrawn a
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B. can be withdrawn as a matter of rightM
c
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C. can be withdrawn only with the leave of the court
Answer: C

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For Discussion / Reporting / Correction of any MCQ please visit discussion page by clicking on
'answer' of respective MCQ.
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.c
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a
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51. Under the Code the provision of notice before instituting a suit against
the Government is given in–
A. section 82
B. section 80
C. section 79
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D. section 78
.c
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Answer: B
a
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52. Inherent powers of the Court can be exercised under the Code–
c
A. to help the plaintiff M
B. to help the defendant
C. for the ends of justice or to prevent abuse of the process of the court
D. to grant interim relief
Answer: C
53. A residing in Dehradun, beats B in Delhi. B may sue A under the Code–
A. delhi
B. dehradun
D. only (a) not (b)
Answer: C
54. A person may sue a foreign State–
A. only with the consent of the central government

B. with the consent of the president of india
C. with the consent of the state government
D. both (a) and (c) above
Answer: A
55. Objection as to place of suing shall be allowed in the Court of first

instance is the essence of–
A. section 22
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B. section 21a
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C. section 21
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a
D. section 20
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Answer: C
c
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56. Where it appears to the Court that there exist element of a settlement
the Court shall
A. leave the matter undecided
B. decide the matter itself
C. refer the same for arbitration, conciliation or mediation
Answer: C
57. 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) and (b) above
D. neither (a) nor (b)
Answer: A

58. Which of the following must be stated in the pleadings–
A. facta probanda
B. facta probantia
Answer: A
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59. Agreement between the parties to institute the suit relating to disputes
in a particular Court– .c
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A. does not oust the jurisdiction of other courts a
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B. may operate-as estoppels between the parties
c

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Answer: C
60. The Doctrine of res judicata applies to–
A. changing circumstances
B. static situations
Answer: B
61. An order allowing or disallowing an application for amendment is–
A. appealable
B. a decree
C. an appealable order
Answer: D

62. The defendant against whom an exparte decree has been passed can
prefer an appeal under
A. order 9 rule 13
B. order 47 rule 1
C. section 96(2)
Answer: C
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.c
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63. Where the relief claimed by the plaintiff is undervalued and the
t
a
valuation is not corrected within the time fixed or extended by the Court–
A. the plaint may be rejected

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B. the plaint will be rejected c
C. the plaint will be returned
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D. either (a) or (c)
Answer: B
64. Which of the following does not deals with final determination of
contested questions and have the binding effect in future litigation
A. res subjudice
B. res judicata
C. stare decisis
D. both (a) and (b)
Answer: A
65. Among the following cases in which the test of res judicata between
codefendants has been laid down by the Supreme Court–
A. sobhag singh v. jai singh
B. jai narain v. kedar nath

C. mahboob shab v. syed ismail
D. sheodan singh v. daryao kanwar
Answer: C
66. Which of the following operate as res judicata–
A. a withdrawal of suit
B. an exparte decree
C. a compromise decree
o m
.c
te
Answer: B
a
q M
67. The provisions relating to abatement do not apply to–
c
A. appeals M
B. execution proceedings
Answer: B
68. Interrogatories shall be answered by affidavit to be filed within_____

after the service of it–
A. 30 days
B. 21 days
C. 10 days
D. 7 days
Answer: C
69. Section 34 of the Code does not deal with–
A. interest from the date of decree

B. interest prior to suit
C. interest pendent lite
Answer: B
70. At the first hearing of the suit, the Court must–
A. frame and record the issues
o m
B. ascertain upon what material propositions of fact or of law the parties are at variance
C. record the evidence

.c
te
a
Answer: B
q M
c
M
71. Under order 7 Rule 11 of the Code. The plaint shall not be rejected–
A. where it is not filed in duplicate
B. where the suit appears from the statement in the plaint to be barred by any law
C. where the plaintiff fails to comply with the provision of rule 9
D. where it discloses cause of action
Answer: D
72. Application under Order 9 Rule 7 of the Code to set aside the order of
ex-parte proceeding may be filed–
A. at or before the date of fixed for hearing
B. within 90 days
C. within 45 days
D. within 30 days
Answer: A

73. Which section of the Code prove enforcement of decree against legal
representative–
A. section 51
B. section 52
C. section 56
D. section 58
Answer: B
o m
.c
74. Among the following in which section property liable to attachment
and sale in execution of decree is provided–
te
a
A. section 60
q M
B. section 62 c
C. section 63 M
D. section 65
Answer: A
75. A judgment debtor has been arrested, may not release among the
following ground–
A. suffering from any serious illness
B. suffering from any infectious or contagious disease
C. he is not in a fit state of health to be detained in the civil prison
Answer: D

o m
.c
te
a
q M
c
M

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

called___
A. plain
B. written statement
C. judgment
o m
D. summons
.c
te
Answer: C
a
27. The term ‘Resjudicata’ means– q M
c
A. stay of proceeding M
B. further proceeding
C. a matter already adjudicated
Answer: C
28. A decree becomes final–
A. when no appeal has been preferred against the decree
B. when it conclusively determines the right of the parties
Answer: C
29. A decree, when an adjudication completely disposes of the suit, is–
A. a preliminary decree

B. a final decree
C. partly preliminary and partly final decree
Answer: B
30. An order rejecting the plaint for non-payment of the court fees is–
A. decree
B. not a decree
o m
C. judgment
.c
te
a
Answer: A
q M
c
M
31. If a plaint is rejected for non-payment of Court fee, the remedy is
A. appeal
B. writ
C. revision
Answer: A
32. Among the following which section put a bar to further suit–
A. section 9
B. section 12
C. section 15
D. section 16
Answer: B
33. A foreign judgment not pronounced by Court of competent jurisdiction

will–

A. be not conclusive
B. be conclusive
C. based upon fraud
Answer: A
34. According to section 21 of the Code, objection at jurisdiction of Court

can be raised on–
o m
A. trial
.c
B. appeal
te
a
C. revision
q M
D. either (a) or (b) or (c)
c
Answer: A
M
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–
A. defendant is resides
B. the plaintiff is resides
C. property is situate
D. any of the above
Answer: C
36. The Code of Civil Procedure (Amendment) Act, 1999 as well as the
Amendment Act, 2002 were held constitutionally valid in the case of–
A. state of punjab v. sivaram
B. state of u.p. v. chandra bhushan
C. anil rai v. state of bihar
D. salem advocate bar association v. uoi
Answer: D

37. Which of the following sections of the Code defines “suit”_____
A. section 2
B. section 9
C. section 2(9)
D. not defined
Answer: D
m
o as given under Section
c
38. The words ‘rights’ in the definition of decree
.
2(2) of the Code, means–
e
at
A. substantive rights
q M
B. procedural rights
c
C. both (a) and (b)

M
Answer: A
39. Once a Preliminary decree is passed in a suit
A. the suit will comes to an end
B. the suit will continue
Answer: B
40. A judgment contemplates a stage___ the passing of a decree–
A. simultaneous
B. prior to
C. after
D. any of the above
Answer: B

41. Mesne profit_______ include profits due to improvements made by the
person is wrongful possession of property______
A. shall not
B. shall
C. may
D. may not
Answer: A
o m
.c
e
42. Mesne profit can be claimed with respect to
t
a
A. immovable property only
q M
B. movable property only
c

M
Answer: A
43. The interest on mesne profit shall not exceed______ per annum–
A. 10%
B. 6%
C. 4%
D. 1%
Answer: B
44. The official request that a Court should not take a particular action
without issuing notice to the applicant party is called–
A. stay of suit
B. injunction
C. caveat

D. letter of request
Answer: C
45. The jurisdiction of the Civil Court is based on–
A. pecuniary jurisdiction
B. territorial jurisdiction
C. subject matter jurisdiction
D. all of the above

o m
Answer: D
.c
te
46. A written statement– a
q M
c
A. may contain new facts in favour of defendant
M
B. may contain legal objections to the claim of the plaintiff
C. must be confined to the reply of the plaint
D. both (a) and (b) above
Answer: D
47. Provision regarding Res subjudice are–
A. mandatory
B. discretionary
C. not mandatory
D. directory
Answer: A
48. Which of the following sections of the Code is intended to prevent two
parallel proceedings in respect of same cause of action–
A. section 13
B. section 11

C. section 10
D. section 9
Answer: C
49. A decree may be executed by
A. court which passed it
B. court to which sent for execution
C. appellate court
o m
.c
te
Answer: D
a
q M
50. Among the following who cannot be arrested during execution of
money decree– c
A. women
M
B. any person
C. partner
Answer: A

o m
.c
te
a
q M
c
M

1. The Code of Civil Procedure came into force with effect from____
A. 1 january 1908
B. 1 september, 1908
C. 1 january 1909
D. 1 september 1909
o m
.c
Answer: C
te
a
M
2. Among the following in which Section the term “decree” is define–
q
A. section 2(1) c
B. section 2(2)
M
C. section 2(a)
D. section 2(b)
Answer: B
3. Decree includes–
A. the rejection of a plaint
B. any adjudication from which an appeal lies as an appeal from an order
C. any order of dismissal for default.
Answer: A
A. any order of dismissal for default
B. the rejection of a plaint

C. the determination of any question within section 144
D. both (b) and (c) above
Answer: D
5. Order of dismissal for default is–
A. preliminary decree
B. final decree
C. partly preliminary partly final decree

o m
.c
te
Answer: D
a
6. Legal representative means/includes q M
c
M
A. person who is law represents the estate of a deceased person
B. any person who intermeddles with the estate of the deceased
C. the person on whom the estate devolves on the death of the party
D. all of the above
Answer: D
7. “Order” means the formal expression of any decision of a Civil Court

which is not a decree–
A. section 2(2)
B. section 2(12)
C. section 2(14)
D. section 2(16)
Answer: C
8. Foreign judgment means the judgment of a foreign Court. The term

foreign judgment is defined under Section–

A. 2
B. 3
C. 6
D. 13
Answer: A
9. Every______ is appealable–
A. decree
o m
B. order
.c
te
C. both (a) and (b)
a
D. either (a) or (b)
q M
Answer: A
c
M
10. Cause of action may be described as–
A. a bundle of essential facts necessary for the plaintiff to prove
B. an important subject of litigation
C. a point in question
D. all of the above
Answer: A
11. Which one of the following court has original as well as appellate
jurisdiction–
A. revenue court
B. district court
C. munsiffs court
Answer: B

12. No suit would lie to set aside a decree on objection as to–
A. subject matter jurisdiction of a court
B. territorial jurisdiction of a court
C. pecuniary jurisdiction of a court
D. both (b) and (c) above
Answer: D
o m
13. A defendant to a suit against whom no relief is claimed is called
.c
A. co defendant
te
a
B. pro-forma defendant
q M
C. interveners
c
M
Answer: B
14. Section 9 of the Code confers jurisdiction in–
A. civil matter
B. political matter
C. religion matter
D. either (a) or (b) or (c)
Answer: A
15. Among the following which are suits of a Civil nature–
A. suit relating to rights to worship
B. suit relating to right to shares in offerings
C. suits for upholding mere dignity or honour
Answer: D

16. Among the following which are suits of civil nature–
A. suits for recovery of voluntary payments or offerings
B. suits involving principally caste questions
C. suits relating to taking out of religious processions
Answer: C
m
o unless its cognizance is
c
17. A Civil Court has jurisdiction to try a civil suit
.
barred–
e
at
A. expressly
q M
B. impliedly
c
D. only (a) not (b)

M
Answer: C
18. Mark the incorrect statement______
A. a statute ousting jurisdiction of a court must be strictly construed
B. every court has inherent power to decide the question of its own jurisdiction
C. consent can neither confer nor take away jurisdiction of a court
Answer: D
19. Mark the Correct statement–
A. there is no distinction between want of jurisdiction and irregular exercise thereof.
B. every presumption should be made in favour of jurisdiction of a civil court
Answer: B

20. Jurisdiction of a Court depends upon the___
A. averments made in a plaint
B. defence in the written statement
Answer: A
m
o Section–
c
21. Doctrine of res sub judice is provided under
.
e
A. 9
at
B. 10
q M
C. 11
c
D. 12 M
Answer: B
22. Section 10 of the Code deals with–
A. stay of civil suits
B. puts a bar upon the institution of a civil suits
C. (a) and (b) both above
Answer: A
23. Which of the following is based upon equity–
A. res judicata
B. res subjudice
C. estoppels
Answer: C

24. The Code of Civil Procedure was enacted on-
A. 21/03/1908
B. 21/06/1908
C. 31/12/1908
D. 21/09/1909
Answer: A
o m
. c
25. Among the following______ conclusively determines the rights of the
parties–
e
at
A. decree
q M
B. order
c
C. judgment
D. application
M
Answer: A

o m
.c
te
a
q M
c
M

Code of Civil Procedure
1. The Code of Civil Procedure came into force with effect from____
(a) 1 January 1908
(b) 1 September, 1908
(c) 1 January 1909
(d) 1 September 1909
2. The Code extends to the–
(a) Whole of India
(b) Whole of India except the State of Jammu and Kashmir
(c) Whole of India except the State of Nagaland and the tribal areas (d) Both (b) and (c)
3. Among the following in which Section the term “decree” is define–
(a) Section 2(1)
(b) Section 2(2)
(c) Section 2(a)
(d) Section 2(b)
(a) The rejection of a plaint
(b) Any adjudication from which an appeal lies as an appeal from an order
(c) Any order of dismissal for default.
(a) Any order of dismissal for default
(b) The rejection of a plaint
(c) The determination of any question within section 144
(d) Both (b) and (c) above
6. Order of dismissal for default is–
(a) Preliminary decree
(b) Final decree
(c) Partly preliminary partly final decree
7. Legal representative means/includes
(a) Person who is law represents the estate of a deceased person
(b) Any person who intermeddles with the estate of the deceased
(c) The person on whom the estate devolves on the death of the party
8. “Order” means the formal expression of any decision of a Civil Court which is not a
decree–
(a) Section 2(2)
(b) Section 2(12)
(c) Section 2(14)
(d) Section 2(16)
9. The term ‘public officer’ means–
(a) Every officer in the service remunerated by fees or commission for the performance of any
public duty.
(b) Every person who holds any office by virtue of which the is empowered to place or keep any
person in confinement
(c) Both (a) and (b) above
10. Foreign judgment means the judgment of a foreign Court. The term foreign judgment
is defined under Section–
(a) 2
(b) 3
(c) 6
(d) 13
11. Every______ is appealable–
(a) Decree
(b) Order
(c) Both (a) and (b)
(d) Either (a) or (b)
12. Cause of action may be described as–
(a) A bundle of essential facts necessary for the plaintiff to prove
(b) An important subject of litigation
(c) A point in question
13. Which one of the following court has original as well as appellate jurisdiction–
(a) Revenue Court
(b) District Court
(c) Munsiffs Court
14. No suit would lie to set aside a decree on objection as to–
(a) Subject matter jurisdiction of a court
(b) Territorial jurisdiction of a court
(c) Pecuniary jurisdiction of a court
(d) Both (b) and (c) above
15. A defendant to a suit against whom no relief is claimed is called
(a) Co defendant
(b) Pro-forma defendant
(c) Interveners
16. Section 9 of the Code confers jurisdiction in–
(a) Civil matter
(b) Political matter
(c) Religion matter
(d) Either (a) or (b) or (c)
17. Among the following which are suits of a Civil nature–
(a) Suit relating to rights to worship
(b) Suit relating to right to shares in offerings
(c) Suits for upholding mere dignity or honour
(d) Both (a) and (b) above
18. Among the following which are suits of civil nature–
(a) Suits for recovery of voluntary payments or offerings
(b) Suits involving principally caste questions
(c) Suits relating to taking out of religious processions
19. A Civil Court has jurisdiction to try a civil suit unless its cognizance is barred–
(a) Expressly
(b) Impliedly
(c) Either (a) or (b)
(d) Only (a) not (b)
20. Mark the incorrect statement______
(a) A statute ousting jurisdiction of a Court must be strictly construed
(b) Every Court has inherent power to decide the question of its own jurisdiction
(c) Consent can neither confer nor take away jurisdiction of a Court
21. Mark the Correct statement–
(a) There is no distinction between want of jurisdiction and irregular exercise thereof.
(b) Every presumption should be made in favour of jurisdiction of a Civil Court
22. Jurisdiction of a Court depends upon the___
(a) Averments made in a plaint
(b) Defence in the written statement
23. Doctrine of res sub judice is provided under Section–
(a) 9
(b) 10
(c) 11
(d) 12
24. Section 10 of the Code deals with–
(a) Stay of civil suits
(b) Puts a bar upon the institution of a civil suits
(c) (A) and (b) both above
25. Which of the following is based upon equity–
(a) Res judicata
(b) Res subjudice
(c) Estoppels
26. The Code of Civil Procedure was enacted on-
(a) 21/03/1908
(b) 21/06/1908
(c) 31/12/1908
(d) 21/09/1909
27. Among the following______ conclusively determines the rights of the parties–
(a) Decree
(b) Order
(c) Judgment
(d) Application
28. A statement given by Judge on the ground of decree or order is called___
(a) Plain
(b) Written statement
(c) Judgment
(d) Summons
29. The term ‘Resjudicata’ means–
(a) Stay of proceeding
(b) Further proceeding
(c) A matter already adjudicated
30. Which of the following amendments was introduced by the Code of Civil Procedure
(Amendment) Acts 1999 and 2002–
(a) Number of adjournments has been restricted
(b) Provision for out of Court settlement has been introduced (c) Scope of appeals curtailed
31. A decree becomes final–
(a) When no appeal has been preferred against the decree
(b) When it conclusively determines the right of the parties
32. A decree, when an adjudication completely disposes of the suit, is–
(a) A preliminary decree
(b) A final decree
(c) Partly preliminary and partly final decree
33. An order rejecting the plaint for non-payment of the court fees is–
(a) Decree
(b) Not a decree
(c) Judgment
34. An exparte decree can be set aside on the ground that–
(a) An exparte decree cannot be set aside under any circumstances
(b) Summons were not duly served
(c) Defendant refused to receive the summons and thereafter no fresh summons were issued to
him
(d) Non-appearance of defendant as copies of documents filed with plaint were not provided to
defendant
35. If a plaint is rejected for non-payment of Court fee, the remedy is
(a) Appeal
(b) Writ
(c) Revision
36. Among the following which section put a bar to further suit–
(a) Section 9
(b) Section 12
(c) Section 15
(d) Section 16
37. A foreign judgment not pronounced by Court of competent jurisdiction will–
(a) Be not conclusive
(b) Be conclusive
(c) Based upon fraud
38. According to section 21 of the Code, objection at jurisdiction of Court can be raised on–
(a) Trial
(b) Appeal
(c) Revision
(d) Either (a) or (b) or (c)
39. 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–
(a) Defendant is resides
(b) The plaintiff is resides
(c) Property is situate
(d) Any of the above
40. Section 18 of the Code provides for–
(a) Place of institution of suits in respect of immovable property where the local limits of
jurisdiction of Courts are uncertain
(b) Place of institution of suit in respect of immovable property where the property is situated in
the jurisdiction of one Court
(c) Place of institution of suit in respect of immovable property where the property is situated in
the jurisdiction of different courts
41. The Code of Civil Procedure (Amendment) Act, 1999 as well as the Amendment Act,
2002 were held constitutionally valid in the case of–
(a) State of Punjab v. Sivaram
(b) State of U.P. v. Chandra Bhushan
(c) Anil Rai v. State of Bihar
(d) Salem Advocate Bar Association v. UOI
42. Which of the following sections of the Code defines “suit”_____
(a) Section 2
(b) Section 9
(c) Section 2(9)
(d) Not defined
43. The words ‘rights’ in the definition of decree as given under Section 2(2) of the Code,
means–
(a) Substantive rights
(b) Procedural rights
(c) Both (a) and (b)
44. Once a Preliminary decree is passed in a suit
(a) The suit will comes to an end
(b) The suit will continue
45. A judgment contemplates a stage___ the passing of a decree–
(a) Simultaneous
(b) Prior to
(c) After
(d) Any of the above
46. Mesne profit_______ include profits due to improvements made by the person is
wrongful possession of property______
(a) Shall not
(b) Shall
(c) May
(d) May not
47. Mesne profit can be claimed with respect to
(a) Immovable property only
(b) Movable property only
48. The interest on mesne profit shall not exceed______ per annum–
(a) 10%
(b) 6%
(c) 4%
(d) 1%
49. The official request that a Court should not take a particular action without issuing
notice to the applicant party is called–
(a) Stay of suit
(b) Injunction
(c) Caveat
(d) Letter of request
50. The jurisdiction of the Civil Court is based on–
(a) Pecuniary jurisdiction
(b) Territorial jurisdiction
(c) Subject matter jurisdiction
51. A written statement–
(a) May contain new facts in favour of defendant
(b) May contain legal objections to the claim of the plaintiff
(c) Must be confined to the reply of the plaint
52. Provision regarding Res subjudice are–
(a) Mandatory
(b) Discretionary
(c) Not Mandatory
(d) Directory
53. Which of the following sections of the Code is intended to prevent two parallel
proceedings in respect of same cause of action–
(a) Section 13
(b) Section 11
(c) Section 10
(d) Section 9
54. A decree may be executed by
(a) Court which passed it
(b) Court to which sent for execution
(c) Appellate Court
55. Among the following who cannot be arrested during execution of money decree–
(a) Women
(b) Any person
(c) Partner
56. Under the Code the provision of notice before instituting a suit against the Government
is given in–
(a) Section 82
(b) Section 80
(c) Section 79
(d) Section 78
57. Inherent powers of the Court can be exercised under the Code–
(a) To help the plaintiff
(b) To help the defendant
(c) For the ends of justice or to prevent abuse of the process of the Court
(d) To grant interim relief
58. A residing in Dehradun, beats B in Delhi. B may sue A under the Code–
(a) Delhi
(b) Dehradun
(d) Only (a) not (b)
59. A person may sue a foreign State–
(a) Only with the consent of the Central Government
(b) With the consent of the President of India
(c) With the consent of the State Government
(d) Both (a) and (c) above
60. Objection as to place of suing shall be allowed in the Court of first instance is the
essence of–
(a) Section 22
(b) Section 21A
(c) Section 21
(d) Section 20
61. Where it appears to the Court that there exist element of a settlement the Court shall
(a) Leave the matter undecided
(b) Decide the matter itself
(c) Refer the same for arbitration, conciliation or mediation
62. A decree for execution cannot be sent to a–
(a) Foreign Court
(b) Court outside India established by the authority of Central Government
63. Which of the following must be stated in the pleadings–
(a) Facta Probanda
(b) Facta Probantia
64. 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 estoppels between the parties
65. The Doctrine of res judicata applies to–
(a) Changing circumstances
(b) Static situations
66. A judgment delivered by a Foreign Court of competent jurisdiction can be enforced by
an Indian Court and will operate as res judicata between the parties thereto except in the
cases mentioned–
(a) Section 14
(b) Section 13
(c) Section 12
(d) Section 11
67. An order allowing or disallowing an application for amendment is–
(a) Appealable
(b) A decree
(c) An appealable order
68. The defendant against whom an exparte decree has been passed can prefer an appeal
under
(a) Order 9 Rule 13
(b) Order 47 Rule 1
(c) Section 96(2)
69. Where the relief claimed by the plaintiff is undervalued and the valuation is not corrected
within the time fixed or extended by the Court–
(a) The plaint may be rejected
(b) The plaint will be rejected
(c) The plaint will be returned
(d) Either (a) or (c)
70. Which of the following does not deals with final determination of contested questions
and have the binding effect in future litigation
(a) Res subjudice
(b) Res Judicata
(c) Stare decisis
(d) Both (a) and (b)
71. Among the following cases in which the test of res judicata between codefendants has
been laid down by the Supreme Court–
(a) Sobhag Singh v. Jai Singh
(b) Jai Narain v. Kedar Nath
(c) Mahboob Shab v. Syed Ismail
(d) Sheodan Singh v. Daryao Kanwar
72. Which of the following operate as res judicata–
(a) A withdrawal of suit
(b) An exparte decree
(c) A compromise decree
73. The provisions relating to abatement do not apply to–
(a) Appeals
(b) Execution proceedings
74. Interrogatories shall be answered by affidavit to be filed within_____ after the service
of it–
(a) 30 days
(b) 21 days
(c) 10 days
(d) 7 days
75. Section 34 of the Code does not deal with–
(a) Interest from the date of decree
(b) Interest prior to suit
(c) Interest pendent lite
76. After rejection of plaint, whether the plaintiff can institute fresh suit on the same cause
of action–
(a) Can institute another suit
(b) Can institute another suit with the permission of the High Court (c) Cannot institute another
suit
77. At the first hearing of the suit, the Court must–
(a) Frame and record the issues
(b) Ascertain upon what material propositions of fact or of law the parties are at variance
(c) Record the evidence
78. The Court may frame the issues from–
(a) Allegations made on oath by the parties, or by any persons present on their behalf, or made
by the pleaders of such parties
(b) Allegations made in the pleadings or in answers to interrogatories delivered in the suit
(c) The contents of documents produced by either party
79. Under order 7 Rule 11 of the Code. The plaint shall not be rejected–
(a) Where it is not filed in duplicate
(b) Where the suit appears from the statement in the plaint to be barred by any law
(c) Where the plaintiff fails to comply with the provision of Rule 9
(d) Where it discloses cause of action
80. Application under Order 9 Rule 7 of the Code to set aside the order of ex-parte
proceeding may be filed–
(a) At or before the date of fixed for hearing
(b) Within 90 days
(c) Within 45 days
(d) Within 30 days
81. Which section of the Code prove enforcement of decree against legal representative–
(a) Section 51
(b) Section 52
(c) Section 56
(d) Section 58
82. Among the following in which section property liable to attachment and sale in
execution of decree is provided–
(a) Section 60
(b) Section 62
(c) Section 63
(d) Section 65
83. A judgment debtor has been arrested, may not release among the following ground–
(a) Suffering from any serious illness
(b) Suffering from any infectious or contagious disease
(c) He is not in a fit state of health to be detained in the civil prison
84. Among the following properties, which shall not be liable for attachment under the
Code–
(a) Government securities
(b) Bank notes
(c) A mere right to sue for damages
85. Among the following which section deals with the proceeds of execution-sale to be
rateably distributed among decree-holders–
(a) Section 60
(b) Section 67
(c) Section 73
(d) Section 75
86. Section which deals with the interpleader suit–
(a) 38
(b) 79
(c) 84
(d) 88
87. 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–
(a) Two months
(b) Three months
(c) One months
(d) Six months
88. 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–
(a) One Thousand
(b) Two Thousand
(c) Five Thousand
(d) Ten Thousand
89. In which of the following cases, the Court may not issue a commission–
(a) To examine any person
(b) To make a partition
(c) To hold a scientific, technical or expert investigation
(d) For execution of a decree
90. Under which of the following circumstances, review of judgment may not lie–
(a) Appeal dismissed
(b) By a decision on a reference from a Court a small causes
(c) By a decree or order from which an appeal is allowed by this code, but from which no appeal
has been preferred
(d) By a decree or order from which no appeal is allowed by this code
91. Appellant Court shall not have power–
(a) To remand a case
(b) To determine a case finally
(c) To take additional evidence
92. Where an appeal from any order is allowed and such order is made by a Court in the
exercise of appellate jurisdiction, than appeal shall lie to–
(a) The Court to which an appeal would lie from the decree in the suit in which such order was
made
(b) High Court
(c) Supreme Court
(d) District Court
93. The Limitation Act contains
(a)32 Sections
(b) 137Articles
(c) 30 sections
(d) both (a) & (b) are correct
94. The expression ‘time requisite’ used in section 12(2) of the Limitation Act, 1963 means
a) Maximum time
b) Actual time taken
c) Minimum time taken
d) None of the above
95. Section 15 of the Limitation Act, 1963 applies to
a) Execution proceedings only
b) Suits only
c) Appeals only
d) Both (a) and (b)
96. The law of limitation is
a) Substantive law
b) Procedural law
c) None of these
d) Both Substantive & Procedural law
97. The doctrine which place emphasis on the plaintiff’s duty to exhaust all available
grounds in support of his claim–
(a) Estoppels
(b) Res judicata
(c) Principle underlying Order 2 Rule 2 (splitting of claim)
98. Remedy available against rejection of plaint is–
(a) Plaintiff may prefer an appeal
(b) Plaintiff may present a fresh plaint in respect of the same cause of action
99. A claim by way of____ may be allowed even if it is time barred when there is a
fiduciary relationship between the parties–
(a) An equitable set-off
(b) A legal set off
(c) A counter claim
100. A suit filed on behalf of a minor
(a) Cannot be withdrawn
(b) Can be withdrawn as a matter of right
(c) Can be withdrawn only with the leave of the Court
Answer Keys
1. (c) 1 January 1909
2. (b) Whole of India except the State of Jammu and Kashmir
3. (b) Section 2(2)
4. (a) The rejection of a plaint
5. (d) Both (b) and (c) above
6. (d) None of the above
7. (d) All of the above
8. (c) Section 2(14)
9. (c) Both (a) and (b) above
10. (a) 2
11. (a) Decree
12. (a) A bundle of essential facts necessary for the plaintiff to prove
13. (b) District Court
14. (d) Both (b) and (c) above
15. (b) Pro-forma defendant
16. (a) Civil matter
17. (d) Both (a) and (b) above
18. (c) Suits relating to taking out of religious processions
19. (c) Either (a) or (b)
21. (b) Every presumption should be made in favour of jurisdiction of a Civil Court
22. (a) Averments made in a plaint
23. (b) 10
24. (a) Stay of civil suits
25. (c) Estoppels
26. (a) 21/03/1908
27. (a) Decree
28. (c) Judgment
29. (c) A matter already adjudicated
32. (b) A final decree
33. (a) Decree
34. (b) Summons were not duly served
35. (a) Appeal
36. (b) Section 12
37. (a) Be not conclusive
38. (a) Trial
39. (c) Property is situate
40. (a) Place of institution of suits in respect of immovable property where the local limits of
jurisdiction of Courts are uncertain
41. (d) Salem Advocate Bar Association v. UOI
42. (d) Not defined
43. (a) Substantive rights
44. (b) The suit will continue
45. (b) Prior to
46. (a) Shall not
47. (a) Immovable property only
48. (b) 6%
49. (c) Caveat
52. (a) Mandatory
53. (c) Section 10
55. (a) Women
56. (b) Section 80
57. (c) For the ends of justice or to prevent abuse of the process of the Court
59. (a) Only with the consent of the Central Government
60. (c) Section 21
61. (c) Refer the same for arbitration, conciliation or mediation
62. (a) Foreign Court
63. (a) Facta Probanda
65. (b) Static situations
66. (b) Section 13
68. (c) Section 96(2)
69. (b) The plaint will be rejected
70. (a) Res subjudice
71. (c) Mahboob Shab v. Syed Ismail
72. (b) An exparte decree
73. (b) Execution proceedings
74. (c) 10 days
75. (b) Interest prior to suit
76. (a) Can institute another suit
77. (b) Ascertain upon what material propositions of fact or of law the parties are at variance
79. (d) Where it discloses cause of action
80. (a) At or before the date of fixed for hearing
81. (b) Section 52
82. (a) Section 60
84. (c) A mere right to sue for damages
85. (c) Section 73
86. (d) 88
87. (b) Three months
88. (b) Two Thousand
89. (d) For execution of a decree
90. (a) Appeal dismissed
92. (b) High Court
93. (d) both (a) & (b) are correct
94. (b) Actual time taken
95. d) Both (a) and (b)
96. b) Procedural law
97. (c) Principle underlying Order 2 Rule 2 (splitting of claim)
99. (a) An equitable set-off
100. (c) Can be withdrawn only with the leave of the Court

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1.

Which of the following deals with the time for

1. Principle of Res-Judicata applies:-

The Code of Civil Procedure, 1908

Q.1. (d) Q.6. (a) Q.11.(b) Q.16. (b) Q.21. (d)

C. a mere right to sue for damages

78. Section which deals with the interpleader suit–

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A. to examine any person

C. to hold a scientific, technical or expert investigation

D. for execution of a decree

82. Appellant Court shall not have power–

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C. to take additional evidence

D. none of the above

83. The Limitation Act contains

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

D. none of the above

85. Remedy available against rejection of plaint is–

A. plaintiff may prefer an appeal

C. either (a) or (b)

D. none of the above

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B. a legal set off

D. all of the above

D. none of the above

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D. to grant interim relief

C. either (a) or (b)

D. only (a) not (b)

54. A person may sue a foreign State–

A. only with the consent of the central government

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C. with the consent of the state government

D. both (a) and (c) above

55. Objection as to place of suing shall be allowed in the Court of first

A. leave the matter undecided

B. decide the matter itself

C. refer the same for arbitration, conciliation or mediation

D. none of the above

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

B. court outside india established by the authority of central government

C. both (a) and (b) above

D. neither (a) nor (b)

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C. both (a) and (b) above

D. neither (a) nor (b)

D. none of the above

60. The Doctrine of res judicata applies to–

C. both (a) and (b) above

D. none of the above

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

D. none of the above

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D. none of the above

A. the plaint may be rejected

D. both (a) and (b)

A. sobhag singh v. jai singh

B. jai narain v. kedar nath

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D. sheodan singh v. daryao kanwar