CPC MCQs SET-2

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There are 3 Sets of MCQs available for CPC, you are advised to explore all the sets :

CPC MCQs SET -1
CPC MCQs SET -2
CPC MCQs SET -3

1. In a suit, which relates to a railway, the authority to be named as plaintiff or defendant shall be:

a. The General Manager of the railway

b. A secretary to the central government

c. The collector of the district

d. The union of India

2. Provisions of section 80 of the Civil Procedure Code are

a. mandatory

b. directory

c. discretionary

d. none of the above

3. Which one of the following is a true statement in relation to Section 80 of Civil Procedure Code?

a. A suit without service of notice can be instituted generally, with the leave of the court

b. A suit without service of notice can be instituted in cases of urgent or immediate relief, with the leave of the court

c. In cases of urgent or immediate relief where leave to institute the suit without service of notice has been granted, interim or otherwise ex parte relief can be granted

d. No suit under Section 80 can be instituted without the compliance of the requirement of notice

4. Notice under Section 80 of the Code of Civil Procedure is mandatory when

a. The suit is against a Co-operative Society

b. The suit is against the Government

c. The suit is against Gram Panchayat

d. The suit is against Municipal Corporation

5. Provisions of Section 80 of C.P.C. are binding on

a. The Court of a Civil Judge

b. The Court of District Judge

c. The High Court

d. All of the above

6. A notice in writing under Section 80 of the Civil Procedure Code has to be given to the:—

a. Secretary to Central Government in case of suit against that Government

b. President of India in case of suit against the Central Government

c. Secretary of Railways, in case of suit against Central Government involving railways

d. (a) and (c) both

7. Where a decree is passed against the Union of India or a State for the act done in the official capacity of the officer concerned, under Section 82 C.P.C., execution shall not be issued on any such decree unless the decree remains unsatisfied for a period of

a. 3 months from the date of the decree

b. 6 months from the date of the decree

c. 1 year from the date of the decree

d. 2 years from the date of the decree

8. Under which provision of C.P.C. an Ambassador can be sued?

a. Section 86

b. Section 88

c. Section 88A

d. He cannot be sued

9. A person may sue a foreign state:

a. With the consent of the State Government

b. Only with the consent of the Central Government

c. With the consent of Central or State Government

d. With the consent of the President of India

10. Which of the following is true?

a. Alien enemies residing in India can never sue

b. Alien enemies residing in India may sue with the permission of the Central Government

c. Alien enemies residing in India may sue with the permission of the State Government in whose jurisdiction they are residing

d. Alien enemies can sue in any court

11. The provision regarding inter-pleader suit has been incorporated in Section:

a. 87

b. 88

c. 89

d. 90

12. Provisions relating to inter-pleader suit are contained in: —

a. Order XXXIV of CPC

b. Section 88 of CPC

c. Order XXXV of CPC

d. Both (b) and (c)

13. Inter-pleader suit can be filed when

a. There is claim against Pleader (Advocate)

b. The claim is filed against two or more defendants who have set up rival titles to the property in order to locate real landlord by the tenant

c. The claim is set up is against two or more trespassers in the property

d. In suit against two or more indigent person

14. For an ‘inter-pleader suit’ which of the following conditions is not necessary?

a. There must be some debt or the property in dispute

b. Two or more persons claiming the debt or the property in dispute adversely to one another

c. There must be suit pending wherein the rights of rival claimants for the debt or the property in dispute can be property adjudicated

d. All of the above

15. Inter-pleader suit is a suit:

a. Between two advocates

b. Between Union Government Pleader and State Government Pleader

c. Instituted by a person who has no interest in the subject matter

d. Instituted by a person who has interest in the subject matter

16. ‘A’ deposits a box of jewels with ‘B’ as his agent. ‘C’ alleges that the jewels were wrongfully obtained by ‘A’ from him and claims them from ‘B There ‘B’

a. can institute inter-pleader suit against A’.

b. can institute Inter-pleader suit against ‘C’

c. can institute Inter-pleaser suit against A’ and ‘C both.

d. cannot institute an Inter-pleader suit against A’ and ‘C’.

17. Provision for settlement of dispute outside court has been provided under Section…………… of Civil Procedure Code.

a. 91

b. 89

c. 51

d. 151

18. Section 89 of the CPC was inserted in

a. 1993

b. 1998

c. 1999

d. 2009

19. Section 89 of the CPC was substituted in

a. 2009

b. 2018

c. 2020

d. 2023

20. The Supreme Court of India has laid down the law relating to Alternative Dispute Resolution processes and Section 89 of the Code of Civil Procedure in the case of:

a. Dinesh Kumar v. Yusuf Ali

b. Afcon Infrastructure Ltd. v. Cherian Varkey Construction Co.

c. Bimlesh v. New Delhi Assurance Co.

d. Standard Chartered Bank v. V. Noble Kumar

21. The Court under Section 89(a) of the CPC can refer the dispute for

a. Mediation or Lok Adalat

b. Arbitration or conciliation

c. Conciliation or mediation

d. All of the above

22. Which one of the following modes of settlement of disputes outside the Court has not been provided in Section 89 of CPC?

a. Arbitration

b. Conciliation

c. Negotiation

d. Mediation

23. Where it appears to the court that there exist element of a settlement the court shall

a. decide the matter itself

b. refer the same for arbitration, conciliation or mediation

c. leave the matter undecided

d. none of the above

24. The provisions regarding ‘friendly suits’ are in:

a. Section 90, Order 36 of the Code of Civil Procedure

b. Section 88, Order 35 of the Code of Civil Procedure

c. Order 34 of the Code of Civil Procedure

d. Order 33 of the Code of Civil Procedure

25. Suits for declaration & injunction is respect of public nuisances under Section 91 of CPC can be instituted by

a. an individual without the leave of the Court

b. an individual with the leave of the Court

c. two or more persons without the leave of the Court

d. two or more persons with the leave of the Court

26. Who can file a suit under Section 91 of Civil Procedure Code for public nuisance?

a. Advocate General

b. Any citizen

c. District Magistrate

d. Any 10 or more citizens

27. In the case of a public nuisance a suit under Section 91 of the Code of Civil Procedure for a declaration and injunction may be instituted by

a. A person aggrieved

b. A person to whom special damage has been caused by reason of such public nuisance

c. With the leave of the court of two or more persons, even though no special damage has been caused to such persons

d. Two or more persons to whom special damage has been caused by reason of such public nuisance

28. A suit in respect of public charities is provided - under

a. Section 92 of CPC

b. Section 41 of CPC

c. Section 100 of CPC

d. Section 105 of CPC

29. Which one of the following cases is on second appeal?

a. Madan lal v. Bal Krishna

b. Sudhir G. Angur v. M. Sanjeev

c. Sheodan Singh v. Daryao Kunwar

d. Harshad Chiman Lal Modi v. DDF. Universal Ltd

30. Which one of the following does not find a place under the provision on Sec. 94, C.P.C. relating to supplemental proceedings?

a. Arrest before judgement

b. Attachment before judgement

c. Temporary injunction

d. Appointment of executors

31. Supplemental and incidental proceedings are stated in—

a. C.PC.

b. Cr.P.C.

c. Unlawful Activities (Prevention) Act

d. None of the above

32. Which of the following is not a supplemental proceeding?

a. grant of temporary injunction

b. appointment of a receiver

c. direction to defendant to furnish security

d. issuance of a commission

33. Which provision of the Code of Civil Procedure 1908 deals with appeal from original decree?

a. Section 90

b. Section 96

c. Section 82

d. Section 98

34. “No appeal shall lie from a decree passed by the court with the consent of parties”. It is provided—

a. Section 96(1) C.P.C.

b. Section 96(2) C.PC.

c. Section 96(3) C.P.C.

d. Section 96(4) C.P.C.

35. Section 96(4) of the Code of Civil Procedure inserted by the Code of Civil Procedure (Amendment) Act, 1976, bars:

a. appeal against consent decree

b. appeal in petty cases

c. appeal against final decree

d. appeal against findings

36. Which of the following statement is correct?

1. An appeal may lie from an original decree passed ex parte

2. No appeal shall lie from a decree passed by the Court with the consent of parties

3. No appeal shall lie on a question of law

a. Only (1)

b. Only (2)

c. Only (3)

d. Both (1) and (2)

37. An appeal shall lie

a. from all orders passed by the Court

b. only from such orders as provided in the Code of Civil Procedure

c. from none of the orders passed by the District Courts

d. from none of the decrees by the District Courts

38. Point out the wrong statement:

a. Where the defendant appears and the plaintiff does not appear, when the suit is called for hearing, the court shall dismiss the suit and the plaintiff shall be barred from filing a fresh suit on the same cause of action.

b. No appeal may lie from an original decree passed ex parte.

c. The plaintiff may apply to the court which passed an ex parte decree against him, for an order to set it aside.

d. No court shall set aside a decree passed ex parte merely on the ground that there has been an irregularity in the service of summon upon the defendant.

39. A judgment can be reviewed on the ground of

a. discovery of new & important evidence, not within the knowledge of the party concerned

b. mistake of error of fact or law on the face of the record

c. both (a) & (b)

d. none of the above

40. Under Section 115 of CPC, the High Court has the power of:

a. Revision

b. Review

c. Reference

d. Vary or reverse any order whatsoever

41. Which section of the Code of Civil Procedure, 1908 is clearly in the nature of a power to issue a writ of certiorari?

a. Section 11

b. Section 105

c. Section 115

d. Section 122

42. Under Section 115 of the Code of Civil Procedure Code,

a. non-exercise of jurisdiction vested in a court

b. irregular exercise of jurisdiction vested in the court

c. exercise of jurisdiction not vested in a court

d. all of the above

43. The nature of Revision under Code of Civil Procedure is that

a. it operates as a stay of the proceeding

b. it operates as a stay of proceedings and suit both.

c. it operates as a stay of suit.

d. it shall not operate as a stay of the suit or proceedings except where such suit or proceedings is stayed by the High Court.

44. Which of the following is correct:

a. Section 113 Review, Section 114 Revision, Section 115 Reference of the CPC

b. Section 113 Reference, Section 114 Review, Section 115 Revision of the CPC

c. Section 113 Reference, Section 114 Revision, Section 115 Review of the CPC

d. None of the above

45. Which one of the following Sections of the CPC provides exemption of certain women from personal appearance in the court?

a. Section 133

b. Section 135

c. Section 135A

d. Section 132

46. Who among the following is not entitled to exemption from personal appearance in the Court?

a. Former Indian Ruler

b. Chairman of the State Legislative Councils

c. The Ministers of States

d. Collector

47. The Code of Civil Procedure

a. exempts Ministers of State from personal appearance in Court

b. does not exempt any person from personal appearance in Court

c. exempts advocates from personal appearance in Courts

d. exempts Municipal Commissioners from personal appearance in Courts

48. Exemption from personal appearance in the court is provided under

a. Section 133 of CPC

b. Section 132 of CPC

c. Section 143 of CPC

d. Section 142 of CPC

49. Who of the following is exempted from personal appearance before court?

a. Ministers of Union

b. Ministers of State

c. Judges of High Court

d. All of these

50. Which Section of the Civil Procedure Code grant exemption to Members of Legislatures from arrest and detention under civil process?

a. Section 80

b. Section 134

c. Section 135A

d. Section 132

51. Affidavits to be filed in a Court can be

a. authenticated by a Minister of State

b. cannot be authenticated except by the judge presiding

c. authenticated by a judge, a Magistrate or a Notary

d. authenticated by an advocate

52. All orders and notices served on or given to any person under the provisions of Civil Procedure Code shall be in writing has been provided under

a. Section 141

b. Section 142

c. Section 143

d. Section 144

53. Which one of the following sections of the Code of Civil Procedure Code, 1908 embraces the principle of restitutions?

a. Section 134

b. Section 144

c. Section 142

d. Section 151

54. In which of the following cases it was held that “inherent power has not been conferred on a court, it is a power inherent in the court”?

a. Manoharlal v. Seth Hiralal

b. Cotton Corporation India v. United Industrial Bank

c. Satyabrat Biswas v. Kalyan Kumar Kisku

d. Rajani Bai v. Kamla Devi

55. What is the meaning of restitution? (Section 144 C.P.C.)—

a. Dispossessing a person in occupation of suit property

b. Re-adjudication of the claim

c. Restoration of suit

d. Restoring to a party on the modification, variation or reversal of decree

56. Under section 148 of C.P.C., the Court can enlarge the time not exceeding in total—

a. 90 days

b. 60 days

c. 45 days

d. 30 days

57. Time for instituting a suit can be enlarged by invoking which of the. following provisions?

a. Section 151 C.P.C.

b. Section 5 of the Limitation Act, 1963

c. Section 148 C.P.C.

d. None of the above.

58. Right to lodge a ‘caveat’ has been provided under

a. Section 148 of the Code of Civil Procedure, 1908

b. Section 148A of the Code of Civil Procedure, 1908

c. Section 148B of the Code of Civil Procedure, 1908

d. Section 147 of the Code of Civil Procedure, 1908

59. The duration of existence of a Caveat filed under Code of Civil Procedure 1908 is

a. 60 days from the date on which it was filed

b. 30 days from the date on which it was lodged

c. 120 days from the date when it was lodged

d. 90 days from the date, when it was lodged

60. A caveat under the Code of Civil Procedure, 1908 may be lodged when any

a. suit is instituted

b. proceeding is initiated or instituted

c. suit is about to be instituted

d. suit or proceeding is instituted or about to be instituted

61. Lodging of caveat under Section 148-A of C.P.C.

a. Entitles the caveator to receive notice of the application

b. Makes the caveat or a party to the suit

c. Both (a) & (b)

d. None of the above

62. Under which Section of the Code of Civil Procedure “Inherent powers of the Court” has been provided?

a. Section 151

b. Section 141

c. Section 152

d. Section 153

63. Inherent powers may be used by the Court for

a. meet ends of justice

b. to prevent abuse of the process of the court

c. both (a) and (b) above

d. None of the above

64. Inherent powers conferred under Section 151 of the Code of Civil Procedure, 1908, may be exercised by the

a. Supreme Court only

b. High Court only

c. District Court only

d. Supreme Court, High Court, District Court as well as by any Civil Court

65. Clerical or arithmetical mistakes in judgments, orders etc. can be corrected under

a. Section 152 of CPC

b. Section 154 of CPC

c. Section 155 of CPC

d. Section 153 of CPC

66. The power of a Court to correct clerical or arithmetical mistakes in judgments, decrees or orders:

a. May at any time be Court of its own motion

b. May at any time be exercised on an application by any of the Parties

c. Either (a) or (b)

d. None of the above

67. Who has right to make an application for amendment of judgements and orders under Section 152 of C.P.C.

a. Person aggrieved

b. Person aggrieved with permission of court

c. Any of the parties

d. Government Pleader

68. Section 152 of the CPC empowers the Court to amend judgement, decrees, or orders in respect of

a. Clerical or arithmetical mistakes only

b. Accidental slips or omissions only

c. (a) and (b) both

d. None of the above

69. General power to amend any error or defect in any proceedings in a suit vests in the Court by virtue of

a. Section 152, CPC

b. Section 153, CPC

c. Section 153A, CPC

d. Section 153B, CPC

70. Which one of the following sections of the Code of Civil Procedure provides for the trial in open Courts where pubic may have access?

a. Section 153A

b. Section 153B

c. Section 153C

d. Section 153D

71. When proper Court fees is not paid by the plaintiff, the Court shall—

a. Reject the plaint

b. Shall grant time to the plaintiff to pay deficit Court fees

c. The Court shall send a report to the government

d. None of the above

72. Which provision of the Code of Civil Procedure provides that one person may sue or defend on behalf of all in same interest?

a. Order 1, Rule 1

b. Order 1, Rule 2

c. Order 1, Rule 8

d. Order 1, Rule 9

73. Representative Suit under Order 1 Rule 8 of CPC may be permitted by the Court when—

a. Numerous persons are parties in another suit

b. Numerous persons belong to the same family

c. Numerous persons have the same interest in one suit

d. None of the above

74. Which one of the following is not required in filing a representative suit under Order 1 Rule 8 of the C.P.C.?

a. Numerous parties

b. Same interest

c. Leave of the court

d. Written permission of those who are being represented

75. Which is the case of which notice to all the persons interested in a representative suit need not be given?

a. abandonment of the suit

b. withdrawal of the suit

c. recording of compromise in a suit

d. addition of new defendant in a suit

76. A suit filed in representative capacity can be withdrawn, compromise and abandoned etc. by the plaintiff:

a. Without notice to all the persons interested

b. After notice to all the persons interested

c. Both (a) & (b)

d. Either (a) or (b)

77. On account of mis-joinder or non-joinder of parties, under Order I, Rule 9 of CPC, the suit

a. is liable to be dismissed

b. cannot be dismissed

c. may be dismissed or may not be dismissed as per the discretion of the court

d. none of the above

78. A suit may be defeated due to:

a. Non joinder of a proper party

b. Mis-joinder of a necessary party

c. Non joinder of a necessary party

d. Mis-joinder of a proper party

79. Under C.P.C. where a person who is a necessary party to a suit has not been joined as a party, it is a case of

a. mis-joinder

b. non-joinder

c. both (a) & (b)

d. none of the above

80. Under which provision of the Code of Civil Procedure, the parties can be struck out, added or substituted?

a. Order 1, Rule 1

b. Order 1, Rule 10

c. Order 1, Rule 3

d. Order 1, Rule 9

81. A necessary party is one in whose

a. absence no order can be made effectively

b. absence an order can be made but whose presence is necessary for the complete decision of the case

c. only (b) is correct

d. none of above

82. As per Order 2 Rule 1 C.P.C., every suit shall as far as practicable be framed so as to:

a. Afford ground for final decision

b. To prevent further litigation

c. Both (a) and (b)

d. None of the above

83. Order II, Rule 2 of CPC does not apply to

a. application for execution

b. writ petitions

c. both (a) and (b)

d. none of the above

84. According to Order 2 Rule 3 of CPC, a plaintiff may unite in the same suit several…………..against the same defendant.

a. Issues

b. Claims

c. Causes of actions

d. Debts

85. ‘A’ lets a house to ‘B’ at a yearly rent of rupees five hundred. The rent for the whole of the years 1905, 1906 and 1907 is due and unpaid. ‘A’ sue ‘B’ in 1908 only for the rent due for 1906—

a. ‘A’ can afterwards sue ‘B’ only for the rent due for 1905

b. ‘A’ can afterwards sue ‘B’ only for the rent due for 1907

c. A’ can afterwards sue ‘B’ for the rent due for 1905 and 1907 both

d. A’ cannot afterwards sue ‘B’ for the rent due for 1905 or 1907

86. Which provision of the Code deals with joinder of causes of action: —

a. Order 2 Rule 3

b. Order 2 Rule 2

c. Order 2 Rule 1

d. Order 1 Rule 2

87. A plaintiff

a. cannot unite several causes of action in the same suit

b. can unite several causes of action in the same suit against the same defendant

c. unite only some causes of action in a suit

d. unite only the questions of law in a suit

88. Which of the following is not a ground for the court to order separate trials under Order 2 Rule 6 C.P.C.

a. Delay in the trial

b. Embarrassment of the trial

c. Inconvenience

d. None of the above

89. Multifariousness means

a. Mis-joinder of causes of action

b. Mis-joinder of parties

c. Non-joinder of parties

d. Mis-joinder of causes of action as well as parties.

90. The plaintiff wants to claim some reliefs in a subsequent suit. He requires leave under which of the following provisions of the Code of Civil Procedure?

a. Section 82(2);

b. Section 20;

c. Order II Rule 2(3);

d. Order I Rule 8.

91. Several persons can be joined as plaintiffs, in cases

a. where right arises out of the same act, in favor of such person

b. where any common question of law is involved

c. both (a) and (b)

d. none of the above

92. Under Civil Procedure Code, 1908 “every suit shall be instituted by presenting a plaint in duplicate to the court or such officer as it appoints in this behalf.” This is provided under

a. Section 26

b. Section 20

c. Order 3 Rule 1

d. Order 4 Rule 1

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

a. A copy of plaint is presented to the court

b. A plaint in duplicate is presented to the court

c. A plaint in triplicate is presented to the court

d. The court taken the plaint in consideration

94. Civil Procedure Code Pleading does not include

a. Plaint

b. Written Statement

c. Evidence

d. Material Facts

95. Which one of the following is not a rule of pleading?

a. Plead the fact and not the law

b. State the law and plead the facts

c. Plead material facts only

d. Plead facts not evidence

96. Pleading must be signed

a. by the party

b. by the pleader only

c. by the pleader and the party both

d. by the pleader and successor of the pleader

97. Under Order 6 Rule 16 C.P.C., pleading can be struck on the ground that it is:

a. Scandalous

b. Unnecessary

c. Vexatious

d. All of the above

98. The court may strike out any matter in any pleading

a. which may be unnecessary, scandalous, frivolous or vexatious

b. which may tend to prejudice, embarrass or delay the fair trial of the suit

c. which is an abuse of the process of the court

d. all of the above

99. ‘Pleading’ can be altered or amended

a. under Order VI, Rule 9 of CPC

b. under Order VI, Rule 10 of CPC

c. under Order VI, Rule 16 of CPC

d. under Order VI, Rule 17 of CPC

100. Under which provision of the Code of Civil Procedure it is necessary for a party to prove that in spite of all due diligence, the matter could not be raised before the commencement of the trial:

a. Order XI Rule 12

b. Order VI Rule 17

c. Order VI Rule 16

d. Order V Rule 15

101. Under Order VI Rule 17 of the Code of Civil Procedure, the court can allow to alter or amend the proceedings to alter or amend the proceedings to

a. either party

b. to plaintiff only

c. to defendant only

d. to only one defendant, if there are more than one defendant

102. Voluntary amendment is provided for under

a. Order 6, R-7, C.P.C.

b. Order 6, R-l 5, CPC.

c. Order 6, R-17, C.P.C.

d. Order 6, R-l 9, C.P.C.

103. The Court

a. can allow amendment of pleading at any stage of the proceeding

b. a party can amend its pleadings at any stage

c. cannot allow amendment of pleadings

d. can allow amendment of written statement only

104. Under Order VI, Rule 17 of C.P.C., an application for amendment of pleadings can be allowed

a. Before the commencement of trial

b. After the commencement of trial

c. Either before or after the commencement of trial

d. None of the above

105. If a party who has obtained and order to amend the pleading under CPC, if not amended, after expiration of how many days shall not be permitted to amend the same without the leave of the court?

a. 15 days

b. 90 days

c. 14 days

d. 30 days

106. Order 7 Rule 1 of Civil Procedure Code, 1908 is related to

a. Pleadings meaning

b. Written statement

c. Particulars to be contained to plaint

d. None of the above

107. “It is a statement of claim, a document by presentation of which the suit is instituted”, It is called as

a. Affidavit

b. Written-statement

c. Counter-claim

d. Plaint

108. Order VII, Rule 10 of Civil Procedure Code provide for

a. Return of Plaint

b. Rejection of Plaint

c. Admission of Plaint

d. Both (a) and (b) above

109. A plaint is liable to be returned, when

a. plaint is on an insufficiently stamped paper

b. plaint is not filed in duplicate

c. relief is undervalued in the plaint

d. plaint is filed in a court having no jurisdiction

110. A court can return the plaint for presentation to the court in which the suit should have been instituted?

a. At the time of institution of suit.

b. Before framing of issues.

c. Before the trial begins.

d. At any stage of the suit.

111. Under CPC 1908, if the court finds at any stage that it has no pecuniary jurisdiction with respect to the subject matter of the suit, it will

a. dismiss the suit

b. proceed with the suit

c. amend the suit

d. return the suit

112. In case the suit has been instated in a court having no jurisdiction, territorial or pecuniary, the plaint is liable to be

a. returned

b. rejected

c. either (a) or (b)

d. none of the above

113. Order 7, Rule 10 to 10B provides for:

a. Return of Plaint

b. Admission of Plaint

c. Rejection of Plaint

d. Documents relied on in Plaint

114. Whether the appeal or revisional court can return the plaint under Order 7 Rule 10 CPC after setting aside the decree:

a. No

b. On technical ground

c. With the consent of parties

d. yes

115. A plaint can be rejected

a. under Order VII, Rule 10 of CPC

b. under Order VII, Rule 10A of CPC

c. under Order VII, Rule 11 of CPC

d. all of the above

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

a. triplicate

b. duplicate

c. quadruplicate

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

117. “The ‘plaint’ should be filed in duplicate’, this rule was inserted by:

a. Code of Civil Procedure (Amendment) Act, 1976

b. Code of Civil Procedure (Amendment) Act, 2002

c. Code of Civil Procedure (Amendment) Act, 2000

d. None of the above

118. Suit was filed on 20.11.2012 and it has been specifically pleaded that cause of action arose on 06.10.2012. Defendant appeared and without filling written statement he filed an application under Order 7 Rule 11 C.P.C. on the ground that suit is barred by Limitation. State what is the correct legal position?

a. Application under 0-7 R-ll C.P.C. is not maintainable because written statement should be filed firstly

b. Plaint shall be rejected because suit is barred by Law of Limitation

c. Dismissal of application will be proper. Objection could not be decided without recording evidence of parties

d. Application should be allowed because plaint does not disclose correct cause of action.

119. Mark the incorrect statement:

a. The court must be competent to try the suit at the time of filing of the suit Subsequent change in value does not affect the jurisdiction.

b. It is the plaintiff’s valuation in the plaint that determines the jurisdiction of the court and not the amount for which ultimately the decree may be passed by the court.

c. If the pecuniary jurisdiction of the court is Rs. 10,000 and the plaintiff files a suit for accounts and finally the court finds on taking the account that Rs. 15,000 are due, the court is not deprived of its jurisdiction to pass a decree for that amount.

d. If the plaintiff undervalues or overvalues the claim for the purpose of choosing the forum, it is not the duty of the court to return it to be filed in the proper court.

120. A plaint shall be rejected……………………..

a. If it does not disclose a cause of action

b. If it is filed in the wrong court

c. If proper parties are not added

d. None of the above

121. Under which provision of CPC a plaint is rejected by the Courts in the absence of cause of action

a. Order 7 Rule 11(a)

b. Order 7 Rule 11(b)

c. Order 7 Rule 11(d)

d. Order 7 Rule 11(c)

122. When a Court can reject a plaint?

a. Where plaintiff fails to comply with Rule 9

b. Where suit is barred by law

c. Where plaint is not in duplicate

d. All of the above

123. After rejection of plaint, whether the plaintiff can institute fresh suit on the same cause of action:—

a. can institute another suit

b. cannot instate another suit

c. can institute with the permission of the high court

d. None of the above

124. A fresh suit on the same cause of action is not barred when

a. rejected under Order VII, Rule 11 of CPC

b. dismissed under Order IX, Rule 2 of CPC

c. dismissed under Order IX, Rule 3 of CPC

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

125. On which of the following grounds a plaint will not be rejected

a. Where the suit appears from the statement in the plaint to be barred by any law

b. Where the relief claimed is undervalued, and the plaintiff, on being required by the court to correct the valuation within a time to be fixed, fails to do so

c. Where it does not disclose a cause of action

d. Where it has not been presented by and advocate

126. Which one of the following is a newly added ground for rejection of a plaint under Order 7 Rule 11 of C.P.C.?

a. Non-disclosure of cause of action

b. Under valuation of relief claimed

c. Barred by any law

d. Plaint not filed in duplicate

127. Order rejecting plaint under Order 7 Rule 11 of CPC

a. is a decree

b. is a order

c. is a deemed decree

d. is an interim order

128. The documents on which the plaintiff relies upon in support his claim shall be filed by him in the court

a. along with the plaint

b. within seven days from the date of order by the court for issue of summons.

c. on the date fixed for forming of issues by the court.

d. at the time or before the hearing of the suit.

129. The provisions relating to particulars of the written statement and counter claim is in:

a. Order 8 of Code of Civil Procedure

b. Order 9 of Code of Civil Procedure

c. Order 10 of Code of Civil Procedure

d. Order 11 of Code of Civil Procedure

130. The meaning of written statement is:

a. suit of plaintiff

b. suit of defendant

c. answer by defendant of plaintiff’s suit

d. answer by plaintiff of defendant’s suit

131. The period of limitation within which defendant shall submit his written statement is ordinarily within:

a. 60 days from service of summons

b. Always 90 days from service of summons

c. 30 days from service of summons or 90 days if allowed by the court

d. 15 days from service of summons

132. A defendant should present written statement of his defence within thirty days from the service of summons on him. The said period can be extended up to:

a. 30 days

b. 60 days

c. 90 days

d. 100 days

133. Every allegation of fact in the plaint, if not denied specifically except as against a person under disability shall be taken to be

a. untraversed

b. admitted

c. proved

d. none of the above

134. The provision of specific denial is provided:

a. In Rule 2 & 4 of Order 8 of C.P.C.

b. In Rule 1 & 6 of Order 8 of C.P.C.

c. In Rule 3 & 5 of Order 8 of C.P.C.

d. In Rule 7 & 9 of Order 8 of C.P.C.

135. Provisions relating to set off and counter claims under civil procedure code, 1908 are contained in

a. Order VI

b. Order VII

c. Order VIII

d. Order IX

136. ‘Set-off’ can be claimed

a. in any suit

b. in a recovery of money suit

c. in a suit for possession

d. in both (a) and (b)

137. Mark the incorrect proposition:

I. Set-off is a statutory defence to a plaintiff’s action, whereas a counter-claim is a cross-action.

II. Set-off and counter-claim arises out of the same transaction.

III. Set-off should not be barred on the date' of the suit while counter-claim should not be barred on the date of filing of written statement.

IV. Claim for set-off cannot exceed plaintiff’s claim, whereas counter-claim can exceed the plaintiffs claim.

V. Both set-off and counter-claim cannot exceed the pecuniary jurisdiction of the court.

Codes:

a. I only

b. II only

c. III and V

d. IV only

138. In a written statement, a defendant can claim

a. set-off

b. counter-claim

c. both (a) and (b)

d. either (a) or (b)

139. A sues B on a bill of exchange for Rs. 500. B holds a judgment against A for Rs. 1000. The two claims being both definite pecuniary demands may be set off. the illustration is given in:

a. Order VIII, Rule 5 of Code of Civil Procedure

b. Order VIII, Rule 6 of Code of Civil Procedure

c. Order VIII, Rule 7 of Code of Civil Procedure

d. None of these

140. Set-off can be

a. legal set-off

b. equitable set-off

c. both (a) and (b)

d. None of the above

141. Under Order 8 Rule 6 C.P.C. set-off may be permitted if—

a. The suit is for recovery of property

b. Set-off claimed by the defendant is ascertained sum of money

c. Value of property recoverable is less than rupees two lacs

d. Defendant presents a written statement of the suit

142. In which of the following cases can C set off the claim?

a. A sues C on a Bill of Exchange C alleges that A has wrongfully neglected to insure Cs goods and is liable to pay in compensation

b. A sues B and C for Rs. 1000 the debt is due to C by A alone

c. A sues B and C for Rs. 1000 the debt is due to C by B alone

d. A sues C on a bill of exchange of Rs. 500. C holds a judgement against A for recovery of debt of Rs. 1,000

143. A sues B on a bill of exchange for Rs. 1000 B holds a judgment against A for Rs. 2000.

a. Pecuniary demand may be set off because both claims are definite

b. Claims cannot be set off because issues are different

c. Both (a) and (b) are correct

d. None of the above

144. Consider the following statement(s).

i. A defendant may set up, by way of a counter-claim against the claim of the plaintiff any right or claim in respect of the cause of action accruing to him.

ii. The counter-claim may be submitted by the defendant even after he has delivered his defence.

iii. The counter-claim shall not exceed the pecuniary jurisdiction of the court.

Which of the statements given above are correct?

a. (i) and (ii)

b. (i) and (iii)

c. (ii) and (iii)

d. All these

145. ‘A’ and ‘B’ sue ‘C’ for recovery of Rs. 1,000. ‘C’ has a debt due to him by ‘A’ alone. Here ‘O’ can

a. set off the debt against ‘B’.

b. set off the debt against ‘A’.

c. set off the debt against A’ and ‘B’ both

d. cannot set off a debt due to him by ‘A’ alone.

146. ‘A’ and ‘B’ sue ‘C’ for Rs. 1000.

a. ‘C’ cannot set off debt a debt due to him from ‘A alone.

b. ‘C’ can set off debt due to him from A’ alone as a matter of right.

c. ‘C’ can set off debt due to him from A’ alone with prior permission of the Court.

d. None of the above

147. If-in any case in which the defendant sets up counter-claim, the suit of the plaintiff is stayed, discontinued or dismissed the counter claim—

a. Shall be stayed

b. Nevertheless be proceeded with

c. May be continued with the leave of High Court

d. NO specific provision

148. Which provision specifically enables the court to pronounce judgment in case the defendant fails to file written statement or subsequent pleadings?

a. Order X, Rule 8 CPC

b. Order VIII, Rule 10 CPC

c. Order XVIII, Rule 8 CPC

d. Order XVIII, Rule 10 CPC

149. On failure to file the written statement, under Order VIII, Rule 10 of C.P.C. the Court

a. May pronounce the judgment at once

b. May order for striking off the defence

c. May pass any other order

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

150. If the defendant fails to file written statement.

a. the court would hear the suit ex-parte

b. the court may pass judgment against him

c. the court shall issue notice

d. none of the above

151. On default in filing of written statement under Order 8, pronouncement of judgment

a. is mandatory

b. Discretionary

c. Directory Rule 10 of CPC.

d. None of the above

152. What the court can do when neither party appears when it is called for hearing?

a. Ex parte order

b. Refer for arbitration

c. Refer for conciliation

d. Dismissal of suit

153. Where a suit is dismissed under Rule 2 or Rule 3 of Order IX of Civil Procedure Code :

a. plaintiff is debarred from filing fresh suit

b. only remedy with the plaintiff is to seek setting aside of such order

c. the only remedy is to bring fresh suit

d. plaintiff may (subject to the law of limitation) bring a fresh suit or he may apply for an order to set the dismissal aside

154. A suit can be dismissed in default

a. under Order IX, Rule 2 of CPC

b. under Order IX, Rule 3 of CPC

c. under Order IX, Rule 8 of CPC

d. both (b) & (c)

155. A fresh suit in respect of the same cause of action is permissible

a. where a suit is dismissed under Order 9, Rule 8

b. where a suit is dismissed under Order 9, Rule 3.

c. where the suit abates under Order 22, Rule 3(2).

d. where the plaintiff abandons the suit under Order 23, Rule 1(1)

156. A suit may be dismissed where, after a summons has been issued to the defendant and returned unserved, plaintiff fails to apply for fresh summons for the period of—

a. Thirty days

b. Sixty days

c. Seven days

d. Two months from the date of such return.

157. An application under Order IX, Rule 7 of CPC can be made

a. within 60 days of the Order

b. within 30 days of the Order

c. at any time on or before the next date of hearing

d. any time during the pendency of the suit

158. Where the defendant appears and the plaintiff does not appear when the suit is called for hearing and where a part of the claim is admitted the court shall:

a. Dismiss the whole suit

b. Dismiss the suit so far as it relates to the remainder

c. Pass the decree of the whole claim

d. Proceed ex parte (proceedings) against defendant

159. A suit dismissed under Order IX, Rule 8 of C.P.C. for non-appearance of the plaintiff can be restored under:—

a. Order IX, Rule 9

b. Order IX, Rule 10

c. Order IX, Rule 11

d. None of the above

160. After dismissal of suit under Order 9, Rule 8 of CPC, a fresh suit on the same cause of action, under Order 9 Rule. 9 of C.P.C.

a. Is barred

b. Is not barred under any circumstances

c. Is not barred subject to law of limitation

d. None of the above

161. In the Code of Civil Procedure, an ex parte decree can be set aside:

a. Under Order IX Rule 5

b. Under Order IX Rule 10

c. Under Order IX Rule 13

d. Under Order IX Rule 11

162. An ex parte decree can be set aside on the ground of

a. summons not duly served

b. being prevented by any sufficient cause from appearance

c. only (a) is correct

d. both (a) and (b)

163. In a suit for partition three defendants were set ex parte. Preliminary decree was passed. On the application of one of the three defendants the Court set aside the decree as against all the defendants. The order of the court is

a. legal

b. irregular

c. unjustified

d. illegal

164. Where the appellant has withdrawn the appeal preferred against a decree passed ex parte, the application under Order 9 Rule 13 of CPC, shall be

a. Rejected

b. Returned

c. Maintainable

d. Referred for opinion to the Appellate Court

165. Remedies available against an ex-parte decree include:

a. Appeal

b. Review

c. Application for setting aside the decree.

d. All of these

166. A civil suit was repeatedly fixed by the trial court for examination of the defendant’s witnesses but the said opportunity was not availed by the defendant, therefore on 18.11.2016 when neither the defendant nor his counsel had appeared, the trial court had proceeded ex parte and heard the final arguments and reserved the case for judgement. On 28.11.2016 the defendant had filed an application under Order 9 Rule 7 read with section 151 of the C.P.C. which is:

a. Maintainable

b. Non-maintainable

c. Matter of discretion of the court to accept or not

d. matter of inherent power of the court to accept or not

167. In which one of the following cases, it is held the “Inherent powers has not been conferred on a court, it is a power inherent in a court”?

a. Rajni Bai v. Kamla Devi

b. Satyabrat Biswas v. Kalyan Kumar Kisku

c. PC. Jairath v. Amrit jairath

d. Manohar Lal v. Seth Hiralal

168. Under which of the following provisions of the Code of Civil Procedure, 1908 an ex parte order and ex parte decree may be set aside?

a. Order 9, Rule 7 and Order 9, Rule 10

b. Order 9, Rule 4 and Order 9, Rule 5

c. Order 9, Rule 7 and Order 9, Rule 13

d. Order 9, Rule 11 and Order 9, Rule 12

169. A suit may be dismissed under Order 9 of Code of Civil Procedure, 1908:

I. Where the summons is not served upon the defendant in consequence of the plaintiffs failure to pay costs for service of summons.

II. Where neither the plaintiff nor the defendant appears.

III. Where plaintiff, after summons returned unserved, fails for 7 days to apply for fresh summons.

IV. Where on the date fixed for hearing in a suit only defendant appears and he does not admit the plaintiffs claim.

Codes:

a. I, II and III

b. I, III and IV

c. II, III and IV

d. all of the above

170. After being proceeded against ex parte, the defendant is:

a. precluded absolutely for participating in any proceeding in the suit

b. at liberty to join the proceedings at the stage where the proceedings are pending

c. at liberty to join the proceedings and do all the things which it would have done, had he not been proceeded against ex parte, without getting the ex parte order set aside

d. none of the above