CPC MCQs SET-3

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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
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1. In a suit for recovery instituted by A against B, despite the summons of suit having been duly served upon B, he did not appear on the date fixed in the summons on 1.3.1993. The court consequently on 1.3.93 passed an ex parte order against B and listed the case for 3.4.93 for ex parte evidence of A.

a. B can participate in further proceedings of the case.

b. B can seek setting aside of the ex parte order if he is able to show good cause for his non-appearance.

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

d. Both (a) and (b) are incorrect.

2. A suit may be dismissed where

a. summons are not served on the defendant in consequence of the failure of the plaintiff to take proper steps like filing of court fee, postal charges or requisite number of copies of plaint.

b. neither party appears when the suit is called on for hearing.

c. plaintiff, after summons to defendant has returned unserved, fails to apply for fresh summons for seven days.

d. All these

3. Court can direct the parties to opt for any one mode of alternative dispute resolution in Civil Procedure Code, 1908

a. Under Order X, Rule 1 - A

b. Under Order X, Rule 1-B

c. Under Order X, Rule 1-C

d. Under Order XI, Rule 1

4. Civil Procedure Code at the first hearing of the suit, the Court must

a. Frame and record issues

b. Record the evidence of plaintiff

c. Ascertain whether the allegations in the pleadings are admitted or denied

d. All of the above

5. Which of the proposition is incorrect with regard to oral examination of a party by the Court under Order 10 Rule 2 CPC?

a. The examination need not be restricted to allegations in the pleadings of the other party but can relate to elucidating any matter in controversy in the suit.

b. The court can examine not only the parties but any person accompanying either party to the suit.

c. The statement made during the course of examination is not on oath.

d. The court can cross-examine any of the parties with reference to a document.

6. The object of oral examination under Order 10 R. 2 of CP.C. is—

a. To elucidate the matters in controversy in the suit

b. To record evidence

c. To secure admissions

d. None of the above

7. A party under CPC may object to answer in interrogatory if it is:

a. Scandalous and irrelevant

b. Mala fide and immaterial

c. Privileged

d. All of these

8. Any objection of interrogatories may be taken on the ground that it is:

a. Irrelevant

b. Scandalous

c. Not exhibited bona fide

d. All or any those

9. Interrogatories shall be answered as provided under Order XI, Rule 8 of CPC

a. on a simple application

b. on an affidavit

c. by filing the documents

d. all of the above

10. The consequences of non-compliance with the order to answer interrogatories or for discovery or inspection of documents have been dealt with under

a. Order XI, Rule 12 of the Civil Procedure Code

b. Order XII, Rule 21 of the Civil Procedure Code

c. Order XI, Rule 21 of the Civil Procedure Code

d. Order XII, Rule 21 of the Civil Procedure Code

11. The leave may be granted by the civil court to deliver interrogatories

a. only to the defendant since the plaintiff is the master of the suit.

b. even if they relate to matters not in question in the suit.

c. notwithstanding the objection taken by the opposite party.

d. if it considers the same necessary for disposing of the case fairly.

12. Interrogatories shall be answered under Code of Civil Procedure by way of affidavit to be filed within……………………… days or within such other time as the Court may allow.

a. 30

b. 20

c. 10

d. 45

13. The Court

a. has no power to record admissions of parties at any stage of the proceeding

b. has power to record admissions only on issues of law

c. has power to record admissions of parties at any stage of the proceeding

d. cannot record admissions at all

14. Under Order 12, Rule 2 of the Code of Civil Procedure, the time to be given to called upon by notice is

a. 15 days from the date of service of notice

b. 10 days from the date of service of notice

c. 7 days from the date of service of notice

d. 21 days from the date of service of notice

15. When a party is called upon by notice to admit facts by the other party, under Order XII, Rule 4 of C.P.C., the party on whom the notice has been served has to admit the facts within

a. 15 days of the service of notice

b. 9 days of the service of notice

c. 7 days of the service of notice

d. 6 days of the service of notice

16. Judgment on admission can be given

a. under Order XII, Rule 2 of CPC

b. under Order XII, Rule 4 of CPC

c. under Order XII, Rule 6 of CPC

d. under Order XII, Rule 8 of CPC

17. Order XII, rule 8 of CPC pertains to

a. notice to admit fact(s)

b. notice to admit document(s)

c. notice to produce document(s)

d. both (a) and (b)

18. Which Provision Order of Civil Procedure Code deals with production, impounding and return of documents?

a. Order 13 CPC

b. Order 5 CPC

c. Order 17 CPC

d. Order 24 CPC

19. Where a plaintiff sues upon a document in his power or possession, he must produce it or a copy thereof

a. along with the plaint

b. at the time of giving of evidence

c. at the time of framing of issues

d. when ordered by the court

20. “Framing of issues” is provided by which Rule of C.P.C.?

a. Order XV Rule 1

b. Order XIV Rule 1

c. Order XVI Rule 1

d. Order XIII Rule 1

21. A Court may not frame issues on the basis of allegations/contents made by the parties:—

a. in pleadings

b. on oath

c. in applications

d. in documents

22. Under Civil Procedure Code issues in a suit are framed in respect of:—

a. Questions of law

b. Questions of facts

c. Mixed questions of fact and law

d. All of the above

23. Which of the following statements is incorrect?

a. Where issues both of law and of fact arise and if the court is of opinion that the case may be disposed of on an issue relating to jurisdiction, it may postpone the settlement of other issues until after the issue of jurisdiction has been determined.

b. Where a suit may be disposed of on preliminary issue, the court need not pronounce judgment on other issues settled in the case.

c. The preliminary issue may relate to a bar to the suit created and law for the time being in force.

d. None of these

24. Order XV of CPC talks about:

a. disposal of the suit at the first hearing

b. settlement of issues

c. attendance of witness

d. notices

25. Which Provision Order of Civil Procedure Code deals with summons and attendance of witness?

a. Order 5 CPC

b. Order 10 CPC

c. Order 16 CPC

d. Order 21 CPC

26. Which one of the following provision of Civil Procedure Code, 1908 is related to affidavit

a. Order

b. b Order 19

c. Order 26

d. Order 39

27. Which of the following is true:

a. Affidavits can be confined only to statements of knowledge.

b. Affidavits can be confined only to statements of beliefs.

c. Affidavits cannot be confined to statements of beliefs only on interlocutory applications.

d. None of the above

28. Judgement and decree have been dealt in which of the following order in CPC?

a. Under Order XX

b. Under Order XIX.

c. Under Order XXA

d. Under Order XXI

29. Copy of the judgement shall be made available to the parties, under Order XX, Rule 1(2) of CPC:

a. Immediately after the pronouncement of the judgement

b. after 7 days from the pronouncement of the judgement

c. after 14 days from the pronouncement of the judgement

d. after 21 days from the pronouncement of the judgement

30. After completion of the trial, the judge pronounced the judgement but did not sign the decree and he is transferred.

Then-

a. The decree prepared can be signed by the newly posted Judge

b. The decree prepared is sent for the approval of the High Court

c. The decree is sent for signature to the Court to which the trial Court is subordinate

d. The new judge has to rehear the arguments in the suit

31. What is maximum time granted to court by C.P.C. to draw up a decree after pronouncing judgment?

a. 15 days

b. 30 days

c. 45 days

d. 60 days

32. According to order 20 Rule 7 of Civil Procedure Code the decree shall bear the date of:

a. The day on which the judgement was pronounced

b. The day on which the decree was made

c. The day on which plaint was filed

d. The day on which final argument was heard

33. Under which provision, Decreed amount may be directed for payment in instalments after passing the decree?

a. Rule 10 of Order 20 of C.P.C.

b. Rule 11 of Order 20 of C.P.C.

c. Rule 12 of Order 20 of C.P.C.

d. Rule 10 of Order 21 of C.P.C.

34. Order 20, Rule 12 of the Code of Civil Procedure provides for passing of preliminary decree in a suit for

a. dissolution of partnership

b. pre-emption

c. possession and mesne profits

d. accounts between principal and agent

35. After the passing of a decree for payment of money, on the application of the Judgment debtor, Court shall not order that payment of the amount of decree shall be made by installments—

a. Without recording evidence of both parties

b. Without obtaining affidavits from both parties

c. Without obtaining the documents regarding the financial condition of the Judgment-debtor

d. Without the consent of decree-holder

36. Preliminary Decree can be passed in a suit

a. for partition

b. for partnership

c. for possession and mesne profit

d. all of the above

37. In which of the following suits, the CPC provides for passing of preliminary decree?

a. Suits for pre-emption

b. Suits for possession and mesne profits

c. Administration suits

d. All of the above

38. Order 21 C.P.C. dealing with execution of decree and orders contains:

a. 100 Rules

b. 102 Rules

c. 103 Rules

d. 106 Rules

39. Largest order of Code of Civil Procedure is:

a. order 19

b. order 21

c. order 41

d. order 45

40. When a court desires that its decree shall be executed by another court, it shall send to the other court

a. a decree copy and certificate of non-satisfaction

b. judgment and decree

c. judgment and execution petition

d. execution petition and certificate of non-satisfaction

41. Where the execution is applied within………. years of the decree, issuance of notice of the application for execution of a decree, to the judgment debtor, is not necessary.

a. two years of the decree

b. four years of the decree

c. three years of the decree

d. five years of the decree

42. Under which provision of CPC, execution of decree for specific performance or restitution of conjugal rights or for an injunction is provided:

a. Order XXI Rule 30

b. Order XXI Rule 31

c. Order XXI Rule 32

d. Order XXI Rule 34

43. A decree for restitution of conjugal rights can be executed under Order 21 CPC by

a. detention in civil prison.

b. either by detention in civil prison or attachment of property.

c. detention in civil prison and attachment of property.

d. attachment of property.

44. Which of the following provisions of C.P.C. provides for adjudication of claims and objections to attachment of property?

a. Order 21 Rule 59

b. Order 21 Rule 58

c. Order 21 Rule 57

d. None of the above

45. Auction purchaser shall pay full of purchase money:

a. within 7 days

b. within 15 days

c. within 21 days

d. within 30 days

46. Time prescribed for filing which of the following cannot be extended or condoned by applying provisions of Section 5 of the Limitation Act?

a. Revision under Section 115, C.P.C.

b. Application for execution under Order XXI, C.P.C.

c. Appeal under Sections 96,100 and 104 C.P.C.

d. Application for substitution under Order XXII CPC.

47. Which of the following person may not file an application for execution under Civil Procedure Code, 1908 namely

a. A decree holder

b. Legal representative, if the decree holder is dead

c. A person claiming under decree holder

d. Judgment debtor

48. Where immovable property forms one estate situate within the local limits of the jurisdiction of two or more courts:

a. Anyone court may sell the entire estate.

b. The court can sell only that part which is within its jurisdiction -

c. None of the courts can sell any part of the estate

d. That court can sell the entire estate within whose jurisdiction majority portion of the property is situated

49. ‘Garnishee’ is a person who is:

a. defaulter

b. decree holder

c. debtor of judgement debtor

d. foreigner

50. A garnishee order is an order:

a. Prohibiting the judgment debtor’s debtor from making any payment to the judgment debtor

b. Directing the decree holder to take the payment from the judgment debtor’s debtor

c. Both (a) & (b) above

d. None of the above

51. Which of the following statements is correct?

An attachment order may come to an end by

A. satisfaction of decree.

B. setting aside or reversal of decree.

C. dismissal of execution application for decree holder’s default.

D. death of the decree holder.

E. agreement/ compromise between the parties.

Select the correct answer using the code given below:

a. A, B, C and E

b. B, D and E

c. B, C, D and E

d. All these

52. ‘X’ obtains money decree against ‘Y’. In execution of the money decree, ‘X’ attaches moneys belonging to ‘Y’ lying with ‘Z’. Then ‘Z’ is called—

a. Decree holder

b. Judgement debtor

c. Banker

d. Garnishee

53. Which one is not correctly matched?

a. Institution of Suit: Order IV

b. Judgement and Decree: Order XX

c. Issue of Summons: Order V

d. Issue of Commissions: Order XXI

54. In execution proceeding before Trial Court a person filed application under Order 21 Rule 97 C.P.C. on ground that he was Bonafide purchaser of suit property. His objection:

a. maintainable because he has Bonafide purchaser

b. is not maintainable because his Lis pendens prohibits a party from dealing with property which is the subject matter of suit.

c. maintainable because he has not filed independent suit.

d. Can be heard only if parties permit.

55. Proceedings in Code of Civil Procedure include a proceeding for the execution of a decree or order a proceeding for the execution of a decree, order or a prosecution

a. (i) is correct

b. (ii) is correct

c. both are correct

d. none of the above

56. An application for the substitution of the legal representatives of the plaintiff who has died, has to be moved by

a. The legal representatives of the plaintiff

b. The defendant

c. Both (a) & (b)

d. Either (a) or (b)

57. The death of a plaintiff or defendant shall not cause the suit to abate, if

a. the cause of action survives

b. the relief survives

c. the right to sue survives

d. all of the above

58. Abatement means

a. suspension or termination of proceedings in an action for want of proper parties

b. the process of bringing on record legal representatives of the deceased party

c. both (a) and (b)

d. none of the above

59. ‘X’ dies leaving behind a son ‘Y’ and a married daughter ‘Z’, a suit filed by ‘X’, after his death, can be continued by:

a. ‘Y’ alone as legal representative

b. ‘Z’ alone as legal representative

c. ‘Y’, ‘Z’ and the husband of Z as legal representatives

d. ‘Y’ and ‘Z’ both, as legal representatives

60. If a right to sue survives, will the suit be abated by a party’s death?

a. Yes

b. No

c. If the opposite party agrees

d. None of the above

61. An Appeal under Order XLIII of Code of Civil Procedure shall lie from which of the following orders:

a. Rule 11 of Order VII, rejecting the plaint

b. Rule 9 of Order XXII, refusing to set aside the abatement or dismissal of suit

c. Rule 1 of Order VIII, not permitting the defendant to present the written statement

d. Rule 5 of Order XIV, refusing to strike out the issue at the instance of either of the parties

62. Where the plaintiff dies after hearing and before pronouncement of judgment the suit

a. shall not abate

b. shall abate

c. shall abate if the right to sue not survive

d. none of the above

63. On abatement of suit, under Order 22, Rule 9 of CPC:

a. a fresh suit on the same cause of action can be brought as a matter of right

b. a fresh suit on the same cause of action can be brought only with the permission of the Court

c. a fresh suit on the same cause of action is barred

d. none of the above

64. A pleader has a duty to inform the court about the death of parties under—

a. Order 22, Rule 1 CPC

b. Order 22, Rule 4 CPC

c. Order 22, Rule 8 CPC

d. Order 22, Rule 10-A CPC

65. To which of the cases the provisions of Order 22 Rule 3,4 and 8 C.P.C. do not apply?

a. Suit

b. Execution proceedings

c. First appeal

d. Second appeal

66. Order XXIII of the Civil Procedure Code applies to the following:

a. Withdrawal of suits

b. Appeals

c. Execution proceeding

d. All the above

67. The maxim “Invito beneficium non datur' (The law confers upon a man no rights or benefits which he does not desire) relates to which of the provision under the Code of Civil Procedure, 1908?

a. Section 26

b. Order 6, Rule 1

c. Section 148-A

d. Order 23, Rule 1

68. Right to withdraw the suit, is:

a. an absolute right of the plaintiff

b. a qualified right of the plaintiff

c. fettered by certain conditions

d. Both (b) and (c)

69. Where a fresh suit is instituted on the strength of permission granted by the Court under Order 23, Rule (1)

a. the plaintiff is not bound by the law of limitation

b. a fresh period of limitation begins to run from the date of the order granting such permission

c. the plaintiff shall be bound by the law of limitation in the same manner as if the first suit had not been instituted

d. such suit must fail if not instituted within one year

70. Which one comes in the preview of “formal defect” for withdrawal of suit under order 23 Rule 1 (3) of C.P.C.?

a. Want of notice under Section 80 C.P.C.

b. Confusion regarding identification of suit property

c. Improper valuation of suit

d. All of these

71. Mark the incorrect statement in relation to Order 23 of Code of Civil Procedure, 1908:

a. At any time after the institution of a suit, the plaintiff may withdraw his suit or abandon part of his claim.

b. If a plaintiff withdraws from a suit without the court’s permission, he is precluded from instituting a fresh suit against the same defendant in respect of the same subject matter.

c. If the court is satisfied that a suit must fail by reason of some formal defect or there are other sufficient grounds, it may allow the withdrawal from suit.

d. When there are several plaintiffs, the court can allow one of them to withdraw, even if the other co¬ plaintiffs do not consent to such withdrawal.

72. After withdrawal of the suit, a plaintiff

a. Can institute a fresh suit in respect of the same subject matter'.

b. Can institute a fresh suit in respect of the same subject matter only, with the leave of the Court

c. Can institute a fresh suit in respect of the same subject matter only with the leave of the High Court

d. Cannot institute a fresh suit in respect of the same subject matter, unless liberty is given at the time of withdrawal of the suit

73. Can a suit be laid after withdrawal of the same?

a. No

b. Yes

c. Yes, if permission is obtained from the court at the time of withdrawal with liberty to file a fresh suit

d. Yes, subject to the condition that the cause of action for both the cases is identical

74. Parties to the suit can compromise in a suit

a. under Order XXIII, Rule 3A of CPC

b. under Order XXIII, Rule 3 of CPC

c. under Order XXIII, Rule 1 of CPC

d. under Order XXIII, rule 4 of CPC

75. Compromise under Order XXIII, Rule 3 of C.P.C.

a. Must be in writing and signed by the parties

b. Must be in writing but need not be signed by the parties

c. Must be in writing but need not be lawful

d. None of the above

76. 'Where a decree of compromise which was not lawful, there—

a. Suit shall lie to set aside such decree

b. Complaint has to made to High Court

c. No suit shall lie to set aside such decree

d. Suit may lie to set aside such decree with the leave of District Judge

77. A suit filed in representative capacity can be withdrawn, compromised 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) and (b)

d. Either (a) or (b)

78. An agreement or compromise entered in a ‘re-presentative suit’ without the leave of the court is

a. void

b. voidable

c. valid

d. either valid or voidable

79. Which of the following statements is incorrect?

a. A representative suit may be instituted by one or more persons for the benefit of all interested persons with the permission of the court.

b. Notice of the institution of a representative suit must be given by public advertisement at the plaintiff’s expense to all interested persons whereby reason of their number, personal service is not reasonably practicable.

c. Any person for whose benefit a representative suit has been instituted may apply to join as a party thereto.

d. The persons(s) who instituted the suit or person(s) who joined as party have unrestricted right to compromise with the defendant.

80. Which one of the following statement is incorrect regarding the compromise under Order 23 Rule 3 of Civil Procedure Code?

a. Must be in writing and signed by the party.

b. Must be in writing and need to be lawful agreement

c. It is required that subject matter of the compromise is the same as the subject matter of the Suit.

d. A compromise which is voidable under the Indian Contract Act shall also voidable within the meaning of this Rule.

81. Which one of the following Orders of Civil Procedure Code, 1908 is related to issuing of Commission?

a. Order 24

b. Order 26

c. Order 25

d. Order 27

82. In which of the following case commission under Order 26 CPC cannot be issued?

a. to examine witnesses

b. for local investigations

c. for scientific investigation

d. for appointment of receiver

83. A court may issue a commission to:

a. Make local investigation

b. Make partition

c. Adjust accounts

d. All of the above

84. Order XXVI, Rule 4A CPC, empowers the court to issue commission in a suit for examination of a person—

a. resident within the local limit of its jurisdiction

b. resident beyond the local limits of its jurisdiction

c. who is about to leave the local limits of its jurisdiction.

d. both (a) and (b)

85. The Court can issue a Commission for Scientific investigation under:

a. Rule 10-A of Order 26 of CPC

b. Rule 10-B of Order 26 of CPC

c. Rule 10-C of Order 26 of CPC

d. Rule 11 of Order 26 of CPC

86. In which one of the following cases, the court may not issue a commission?

a. For execution of a decree

b. To examine any person

c. To make a partition

d. To hold a scientific, technical or expert investigation

87. In a suit against the State Government, who may sign the plaint on behalf of the Government?

a. Governor of the State

b. Chief Minister of the State

c. Chief Secretary of the State

d. A person who by a general or special order appointed in this behalf by the government

88. Under Order 32 Rule 1 of Civil Procedure Code a minor means a person who has not attained his majority within the meaning of

a. Juvenile Justice Act

b. Civil Procedure Code

c. Indian Majority Act

d. Hindu Minority and Guardianship

89. Whether a minor on attaining majority may, if a sole plaintiff, apply that a suit instituted in his name by his next friend be dismissed on the ground that it was unreasonable or improper:

a. No

b. With the consent of next friend

c. Yes

d. Joint application will be with next friend

90. Proceeding in a suit, relating to minor shall not be stayed:

a. On retirement of the next friend of a minor

b. On attaining the majority by the minor

c. On removal of the next friend of a minor

d. On death of the next friend of a minor

91. A suit through ‘next friend’ can be filed by

a. minor

b. a lunatic

c. both (a) & (b)

d. none of the above

92. A suit may be instituted by a minor?

a. in his name

b. in his name by next friend.

c. guardian of minor in his own name.

d. relative of minor in his name.

93. A person can act as a ‘next friend’ if he is:

a. major

b. sound mind

c. not having any interest adverse to that of a minor or lunatic residing in India

d. fulfilling all the above three requirements

94. An agreement or compromise is entered into on behalf of a minor without the leave of the Court. Such agreement or compromise, under Order 32, Rule 7 of Code of Civil Procedure is:

a. Valid

b. Void

c. Voidable against all the parties other than the minor

d. Voidable against all the parties including the minor

95. Under Order XXXII Rule 9 of the Code of Civil Procedure, a next friend of a minor can be removed:

a. if he ceases to reside in India during the pendency of the suit

b. where has interest becomes adverse to that of the minor

c. where he does not do his duty

d. for any of the above reasons

96. Under Order 32, Rule 10 of the Code of Civil Procedure on the death of ‘next friend’, the suit shall be

a. dismissed

b. stayed

c. rejected

d. dismissed or rejected

97. A person can be appointed as a guardian under Order XXXII Rule 4 of CPC

a. on his oral consent

b. on his consent in writing

c. neither (a) or (b)

d. neither (a) nor (b)

98. Who is guardian ad litem?

a. A person appointed by the Court to take legal action on behalf of a minor

b. Guardian of the child

c. Step father of the child

d. None of the above

99. The Court is required to appoint a guardian ad Litem:

a. For a minor plaintiff only

b. For a minor defendant only

c. for plaintiff and defendant both

d. None of these

100. Where are the provisions relating to cases of indigent persons given in the C.P.C.?

a. Order 33

b. Order 32

c. Section 55

d. Section 89

101. A person is an indigent person within the meaning of Order 33, Rule 1 of CPC, if he is not possessed of

a. sufficient means to pay the fee payable on the plaint

b. any means to pay the fee payable on the plaint

c. sufficient means for his livelihood

d. none of the above

102. In connection with a suit by an indigent person, the suit is deemed to be instituted on the date

a. when the application for leave to sue as a pauper is made.

b. when such application is admitted.

c. when such application is rejected.

d. none of the above

103. Where an indigent person succeeds, the court fee shall be recovered?

a. From the defendant

b. By the State Government

c. Not recoverable

d. From the Plaintiff

104. In case the application for permission to sue as pauper is rejected, the suit is deemed to have been instituted, under Order 33, Rule 15A of CPC.

a. On the data on which the permission to sue as pauper refused

b. On the date on which the court fee is paid

c. On the date on which the application for permission to sue as pauper was presented

d. Either (a) or (b) or (c) as directed by the court

105. Under which Section/Order of the Civil Procedure Code a Provision is made to provide “free legal services to indigent persons”?

a. Section 151

b. Section 115

c. Order XXXIII, Rule 18

d. Order XXXIX, Rule 2

106. Rejection of an application for permission to sue as a pauper

a. Bars a fresh application on the same cause of action

b. Does not bar a fresh application on the same cause of action if moved along with amended schedule of property

c. Does not bar a fresh application on the same cause of action with the leave of the Court

d. Does not bar a fresh application at all

107. What does ‘Pauper Suit’ mean?

a. Suit by third party

b. Suit by public servant

c. Suit by indigent person

d. Suit by legal representative

108. Provisions relating to Inter-pleader suit are contained in

a. Order XXXVI of CPC

b. Order XXII of CPC

c. Order XXXIV of CPC

d. Order XXXV of CPC

109. 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 of 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

110. In an Inter-pleader suit, the plaintiff claims:

a. interest in the subject matter of the suit

b. no interest in the subject matter of the suit except charges or costs

c. no interest in the subject matter of the suit also not claims charges or costs

d. none of the above

111. In an Interpleader suit, plaintiff may claim: —

a. Share in property

b. Right of pre-emption

c. Costs or charges

d. Ownership

112. 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

113. Inter-pleader suit cannot be instituted

a. for any property which relates to two persons but which is being held by a third person for the time being

b. for determining the relation between a property and the persons claiming it

c. for getting himself absolved from the liability to keep the property which is not being held by him

d. where a suit is pending in which the rights of all parties can properly by decided

114. Awarding future interest is:

a. mandatory

b. directory

c. discretionary

d. none of the above

115. 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

116. The provision regarding ‘summary suits’ are in:

a. Order 32 of the Code of Civil Procedure

b. Ordre 37 of the Code of Civil Procedure

c. Order 28 of the Code of Civil Procedure

d. Order 30 of the Code of Civil Procedure

117. In a summary suit presented under Order 37 Civil Procedure Code it is necessary for the defendant to appear before the court within how many days of the service of the summon of appearance

a. 10 days

b. 15 days

c. 30 days

d. two months

118. A suit under Order XXXVII of the Code of Civil Procedure, 1908, can be filed on the basis of

a. Hundi only

b. Bill of exchange only

c. Promissory note only

d. All of the above

119. Which is the correct statement in context of summary procedure for civil suits?

a. May be invoked for recovery of a liquidated demand in money payable by the defendant arising out a written contract.

b. May be applied suo motu by any civil court in its discretion in the interest of expeditious adjudication.

c. Requires the defendant to seek leave to defend which, if granted, must be unconditional.

d. All these statements are not correct.

120. The Order 38 of the Code of Civil Procedure deals with:

a. Inter-pleader

b. Summary procedure

c. Arrest & attachment before judgement

d. Temporary injunctions

121. Under which provision of CPC attachment before judgement is provided

a. Order 29 Rule 1,2

b. Order 40 Rule

c. Section 96

d. Order 38 Rules 5-13

122. In the Code of Civil Procedure, a Civil Court can direct attachment before judgment in respect of any property, in a proceeding pending before it, in accordance with the provisions which are contained in;

a. Order XXXVII

b. Order XXXVIII

c. Order XXXIX

d. Order LX

123. Attachment before judgment, in a suit dismissed in default

a. revives automatically on the restoration of the suit

b. does not revive automatically on the restoration of the suit

c. may or may not revive depending on the facts and circumstances of the case

d. Neither (a) nor (b)

124. Injunction is granted under which provision of the Civil Procedure Code, 1908……………………

a. Section 115

b. Order XXXIX Rule 1

c. Section 96

d. None of the above

125. Interlocutory order are issued by civil court:

a. during pendency of civil proceedings

b. to summon the person

c. for execution of decree

d. for attachment of property

126. Temporary injunction may be granted:

a. To restrain any election

b. To restrain dispossession from property

c. To restrain any intended disciplinary action against public servant

d. To restrain the result of any adverse entry against the public servant

127. Under Civil Procedure Code, defendant can ask for temporary injunction against the plaintiff if :

a. There appears to be a danger that plaintiff would Waste or alienate the suit property

b. The Plaintiff threatens to dispose off the property with a view to defrauding his creditors.

c. Plaintiff threatens the defendant to dispossess him from the suit property.

d. All of these

128. Civil Procedure Code provides for

a. temporary injunction

b. permanent injunction

c. mandatory injunction

d. none of the above

129. Which of the following statement is incorrect:

a. Temporary injunction may be granted only at the time of institution of a suit

b. Temporary injunction may be granted at any stage of a suit

c. Temporary injunctions are regulated by the Code of Civil Procedure, 1908

d. Temporary injunctions are a form of preventive relief

130. What is incorrect about a temporary injunction:

a. It finally settles the mutual rights of the parties and directs a party for all time to do or abstain from doing a thing

b. Can be granted ex parte

c. Preserves the property in dispute in status quo till the disposal of suit

d. Continues unless a specific time

131. Under which one of the following provisions of the Civil Procedure Code, 1908 consequences of disobedience or breach of injunction has been described?

a. Order XXXII

b. Order XXXIII

c. Order XXXIX Rule 2A

d. None of the above

132. Order XXXIX, Rule 2 of the Civil Procedure Code deals with

a. Attachment before judgement

b. Temporary Injunction

c. Execution of Decree

d. Appointment of Receiver

133. Morgan Stanley Mutual Fund v. Kartik Das Case related to which of the following?

a. Issuance of Commission

b. Attachment before judgment

c. Interim injunction

d. Affidavits

134. In a case of breach of terms on which injunction was granted under Civil Procedure Code, 1908 the court may pass an order of

a. attachment and sale of property.

b. attachment of property and detention in civil prison.

c. arrest and detention in civil prison for 3 months.

d. (a) and (c) both

135. In case of breach of any of the terms on which temporary injunction was granted, the court may order

a. the person in breach to be detained in civil prison for indefinite period but not after the breach has ceased.

b. attachment of the property of the person in breach and, if the breach continues for more than one year, sell the attached property and award the entire sale proceeds to the injured party as compensation.

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

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

136. Attachment of property attached shall remain operative under Order 39 Rule 2A of CPC for a

a. period of:

b. six months

c. three months

d. one year

137. Period of detention in civil imprisonment, as a consequence of disobedience or breach of any injunction shall not exceed:

a. one month

b. three months

c. six months

d. one year

138. Where any injunction is passed without giving notice to opposite party the court will try to decide the application within:

a. 7 days

b. 15 days

c. 21 days

d. 30 days

139. Rules 6 to 10 of order 39 of C.P.C. deal with

a. attachment of property

b. arrest of persons

c. plaints

d. interlocutory orders

140. Under which provision of Civil Procedure Code an order of temporary injunction may be discharged varied or set-aside?

a. Rule 7 of Order 39

b. Rule 2A of Order 39

c. Rule 9 of Order 39

d. Rule 4 of Order 39

141. Which Rule of Order XXXIX of the Code provides that an injunction directed to the Corporation is binding not only on the Corporation but also on all members and officers of the Corporation whose personal action it seeks to restrain—

a. Rule 3

b. Rule3A

c. Rule 4

d. Rule 5

142. Even after ex-party proceeding, the defendant can take part in further proceedings of the suit. This principle was pronounced by Hon’ble Supreme Court in the case of:

a. State of Bombay vs. United Motors

b. State of Rajasthan vs Vidyawati

c. Vijay vs R.N. Gupta education society

d. Arjun Singh vs Mohindar Kumar

143. A temporary injunction can be granted to a party establishing

a. a prima facie case in his favor

b. balance of convenience in his favor

c. irreparable injury to him in the event of non-grant of injunction

d. all of the above

144. Under which Order of Civil Procedure Code Provision relating to “Appointment of Receivers” has been provided?

a. Order XL, Rule 1

b. Order XXI, Rule l

c. Order XI, Rule 1

d. Order XX, Rule 1

145. The court may by order appoint a receiver of any property before decree:

a. Where it appears to the court to be just and convenient

b. Where the suit property is in danger of being wrongfully seized in execution of a decree

c. Where the defendant is about to dispose of the whole or any part of his property

d. Where the defendant has ascended the local limits of the jurisdiction of the court

146. A person who is appointed to protect the disputed property is known as

a. A judgement debtor

b. Commissioner

c. Receiver

d. A pauper

147. A receiver is an:

a. Officer of the Court.

b. Agent of the plaintiff.

c. Agent of the defendant

d. either agent of the plaintiff or defendant its depends on circumstances

148. Appointment of receivers of any property can be made when—

a. Before decree

b. After decree

c. Only appellate court can made order

d. It appears to the court to be just and convenient whether before or after decree

149. Under which provision of the Code of Civil Procedure 1908, the Collector may be appointed as receiver?

a. Order XL Rule 5

b. Order XLI Rule 1

c. Order XL Rule 2

d. Order XLI Rule 5

150. In how much time, respondent may file cross objections from the day of service of the notice of the hearing of appeal?

a. In 45 days

b. In one month

c. In 45 days

d. In 21 days

151. Order 42 of the Code of Civil Procedure deals with

a. Appeal to Supreme Court

b. Appeal by indigent person

c. Appeal against orders

d. Appeal from appellate decrees

152. Under Order 43 of Civil Procedure Code, against which order an appeal shall not lie—

a. An order to set aside or refusing to set aside a sale

b. An order rejecting an application for permission to sue as an indigent person

c. An order on an objection to the draft of a document

d. When the subordinate court has exercised it jurisdiction illegally or with material irregularity

153. An Appeal, under Order XLIII of Code of Civil Procedure shall lie from which of the following order(s):

a. Rule-11 of Order VII, rejecting the plaint

b. Rule-9 of Order XXII, refusing to set aside the abatement or dismissal of suit.

c. Rule-1 of Order VIII not permitting the defendant to present the written

d. Rule-5 of Order XIV, refusing to strike out the issue at the instances' of either of the parties

154. Pauper appeals have been provided under:

a. Order XLII of CPC

b. Order XVII of CPC

c. Order XLIV of CPC

d. Order XLV of CPC

155. If court is satisfied that a case pending before it involves a question as to validity of any Act, the Court should

a. Decide the validity of Act

b. Refer the matter to the High Court

c. High Court should exercise power to revision

d. Refer to supreme court for advice

156. Section 114 of C.RC. should be read with—

a. Order 46, Rule 1

b. Order 47, Rule 1

c. Order 47, Rule 3

d. Order 41

157. Under Civil Procedure Code, when application for review is dismissed—

a. appeal can be filed against the order

b. no appeal lies

c. with the permission of Court, appeal can be filed against the order

d. none of them

158. Which one of the following combination are not correctly matched?

1. Res sub judice - Section 11

2. Res judicata - Section 10

3. Judgement and decree - Section 33

4. Summon to witness - Section 80

Select correct answer by using code given ahead—

Code:

a. 1,2 and 3

b. 1,2 and 4

c. 1,3 and 4

d. 2, 3 and 4

159. Which of the following combinations are correctly matched?

1. Temporary injunction - Order 39 C.P.C.

2. Suit by Indigent - Order 33 C.P.C.

person

3. Powers of - Section 102

Appellate Court C.P.C.

4. Right to file caveat - Section 148A C.P.C.

Select correct answer using the code given below—

Code:

a. 1,2 and 4

b. 1,2 and 3

c. 1,3 and 4

d. 2,3 and 4

160. Which of the following combinations are correctly matched—

1. Equity of judgement - Section 49 C.P.C.

debtor

2. Privileged - Section 29 C.P.C.

documents

3. Legal representative - Section 50 C.P.C.

4. Pauper suit - Order 33 C.P.C.

Select correct answer using the code given below

Code:

a. 1,2 and 3

b. 1,2 and 4

c. 2, 3 and 4

d. 1, 3 and 4

161. Match the following lists and rick the correct code:

List-I List-II

(Order of CPC) (Subjects)

A. Order XVII 1. Execution

B. Order XXI 2. Suit by or against:

Corporation

C. Order XXIX 3. Suit by Indigent

persons-

D. Order XXXIII 4. Adjournment

Code:

A B C D

a. 1 2 3 4

b. 4 3 2 1

c. 4 1 2 3

d. 3 2 4 1

162. Which of the following combinations are not correctly matched?

1. Execution of decree Sec. 77, C.P.C.

2. Letter of request Sec. 82, C.P.C.

3. Legal representative Sec. 50, C.P.C.

4. Institution of suit Sec. 28, C.P.C.

Select the correct answer using the codes given below:

Codes:

a. (1), (2) and (3)

b. (1), (2) and (4)

c. (1), (3) and (4)

d. (2), (3) and (4)

163. Jurisdiction of a court is decided by

a. subject matter of the dispute

b. pecuniary value of the suit

c. place where the dispute arose

d. all of the above

164. Which of the following section of the Code of Civil Procedure, 1908 defines ‘Jurisdiction’?

a. Section 2(9)

b. Section 9

c. Section 15

d. Not defined

165. Which of the following is not correctly matched?

a. Presentation - Section 26; Order 4,

of plaint Rule 1

b. Interpleader suits - Section 88; Order 35,

Rule 1

c. Friendly suit - Section 90; Order 35

d. Equitable set-off - Order 20, Rule 19(3)

166. Which of the following combinations are correctly matched?

1. Judgement and - Section 34, CP.C.

decree

2. Costs - Section 35, C.P.C.

3. Institution - Section 26, C.P.C.

of suits

4. Legal representative - Section 50, C.P.C.

Select correct answer using the code given below:

Code:

a. 2,3 and 4

b. 1,2 and 3

c. 1,3 and 4

d. 1,2 and 4

167. Match List-I with List-II and select the correct answer using the code given below the lists:

List-I List-II

A. Objections (1) Razia

to jurisdiction Begam v.

Sahebzadi

Anwar Begam

B. Addition (2) Kiran Singh v.

of Parties Chaman Paswan

C. Constructive (3) American

Res Judicata Cyanamid

Co. v.

Ethicon Ltd.

D. Temporary

injunction (4) Workmen v.

Board of

Trusties,

Cochin Port Trust

Code:

A B C D

a. 2 1 4 3

b. 1 3 2 4

c. 4 2 3 1

d. 3 4 1 2

168. Suits relating to constitutional validity of statutory instruments are provided in-

a. Order 27 A, Rule 1-A of the C.P.C.

b. Order 34, Rule 1 of the C.P.C.

c. Order 32 A, Rule 3 of the C.P.C.

d. Order 37, Rule 2 of the C.P.C.

169. Match List-I with List-II and select the correct answer using the code given below the lists:

List-I List-II

A. Right lodge caveat (1) Section 144

B. Restitution (2) Section 148-A

C. Inherent power of court (3) Section 151

D. Suits of civil nature (4) Section 9

Code:

A B C D

a. 2 1 3 4

b. 1 2 4 3

c. 2 3 1 4

d. 3 4 1 2

170. Procedure for suits relating to matters concerning the family is given in:

a. Order 32-A C.P.C.

b. Order 29 C.P.C.

c. Order 27-A CPC.

d. Order 30 C.P.C.