McqMate
These multiple-choice questions (MCQs) are designed to enhance your knowledge and understanding in the following areas: Bachelor of Science in Law (BSL) , Bachelor of Laws (LLB) , Bachelor of Legal Science (BLS) .
| 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 |
| Answer» C. 1 january 1909 | |
| 2. |
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) |
| Answer» B. section 2(2) | |
| 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. |
| D. | none of the above |
| Answer» A. the rejection of a plaint | |
| 4. |
Decree includes– |
| 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. both (b) and (c) above | |
| 5. |
Order of dismissal for default is– |
| A. | preliminary decree |
| B. | final decree |
| C. | partly preliminary partly final decree |
| D. | none of the above |
| Answer» D. none of the above | |
| 6. |
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 |
| D. | all of the above |
| Answer» D. all of the above | |
| 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. section 2(14) | |
| 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. 2 | |
| 9. |
Every______ is appealable– |
| A. | decree |
| B. | order |
| C. | both (a) and (b) |
| D. | either (a) or (b) |
| Answer» A. decree | |
| 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. a bundle of essential facts necessary for the plaintiff to prove | |
| 11. |
Which one of the following court has original as well as appellate jurisdiction– |
| A. | revenue court |
| B. | district court |
| C. | munsiffs court |
| D. | none of the above |
| Answer» B. district court | |
| 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. both (b) and (c) above | |
| 13. |
A defendant to a suit against whom no relief is claimed is called |
| A. | co defendant |
| B. | pro-forma defendant |
| C. | interveners |
| D. | none of the above |
| Answer» B. pro-forma defendant | |
| 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. civil matter | |
| 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 |
| D. | both (a) and (b) above |
| Answer» D. both (a) and (b) above | |
| 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 |
| D. | none of the above |
| Answer» C. suits relating to taking out of religious processions | |
| 17. |
A Civil Court has jurisdiction to try a civil suit unless its cognizance is barred– |
| A. | expressly |
| B. | impliedly |
| C. | either (a) or (b) |
| D. | only (a) not (b) |
| Answer» C. either (a) or (b) | |
| 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 |
| D. | none of the above |
| Answer» D. none of the above | |
| 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 |
| C. | both (a) and (b) above |
| D. | neither (a) nor (b) |
| Answer» B. every presumption should be made in favour of jurisdiction of a civil court | |
| 20. |
Jurisdiction of a Court depends upon the___ |
| A. | averments made in a plaint |
| B. | defence in the written statement |
| C. | both (a) and (b) above |
| D. | none of the above |
| Answer» A. averments made in a plaint | |
| 21. |
Doctrine of res sub judice is provided under Section– |
| A. | 9 |
| B. | 10 |
| C. | 11 |
| D. | 12 |
| Answer» B. 10 | |
| 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 |
| D. | neither (a) nor (b) |
| Answer» A. stay of civil suits | |
| 23. |
Which of the following is based upon equity– |
| A. | res judicata |
| B. | res subjudice |
| C. | estoppels |
| D. | none of the above |
| Answer» C. estoppels | |
| 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. 21/03/1908 | |
| 25. |
Among the following______ conclusively determines the rights of the parties– |
| A. | decree |
| B. | order |
| C. | judgment |
| D. | application |
| Answer» A. decree | |
| 26. |
A statement given by Judge on the ground of decree or order is called___ |
| A. | plain |
| B. | written statement |
| C. | judgment |
| D. | summons |
| Answer» C. judgment | |
| 27. |
The term ‘Resjudicata’ means– |
| A. | stay of proceeding |
| B. | further proceeding |
| C. | a matter already adjudicated |
| D. | none of the above |
| Answer» C. a matter already adjudicated | |
| 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 |
| C. | both (a) and (b) above |
| D. | neither (a) nor (b) |
| Answer» C. both (a) and (b) above | |
| 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 |
| D. | none of the above |
| Answer» B. a final decree | |
| 30. |
An order rejecting the plaint for non-payment of the court fees is– |
| A. | decree |
| B. | not a decree |
| C. | judgment |
| D. | none of the above |
| Answer» A. decree | |
| 31. |
If a plaint is rejected for non-payment of Court fee, the remedy is |
| A. | appeal |
| B. | writ |
| C. | revision |
| D. | none of the above |
| Answer» A. appeal | |
| 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. section 12 | |
| 33. |
A foreign judgment not pronounced by Court of competent jurisdiction will– |
| A. | be not conclusive |
| B. | be conclusive |
| C. | based upon fraud |
| D. | none of the above |
| Answer» A. be not conclusive | |
| 34. |
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) |
| Answer» A. trial | |
| 35. |
Suits for the recovery of movable property actually under distraint or attachment shall be instituted in the Court within the local limit of whose jurisdiction the– |
| A. | defendant is resides |
| B. | the plaintiff is resides |
| C. | property is situate |
| D. | any of the above |
| Answer» C. property is situate | |
| 36. |
The Code of Civil Procedure (Amendment) Act, 1999 as well as the Amendment Act, 2002 were held constitutionally valid in the case of– |
| 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. salem advocate bar association v. uoi | |
| 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. not defined | |
| 38. |
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) |
| D. | none of the above |
| Answer» A. substantive rights | |
| 39. |
Once a Preliminary decree is passed in a suit |
| A. | the suit will comes to an end |
| B. | the suit will continue |
| C. | either (a) or (b) |
| D. | none of the above |
| Answer» B. the suit will continue | |
| 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. prior to | |
| 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. shall not | |
| 42. |
Mesne profit can be claimed with respect to |
| A. | immovable property only |
| B. | movable property only |
| C. | both (a) and (b) above |
| D. | none of the above |
| Answer» A. immovable property only | |
| 43. |
The interest on mesne profit shall not exceed______ per annum– |
| A. | 10% |
| B. | 6% |
| C. | 4% |
| D. | 1% |
| Answer» B. 6% | |
| 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. caveat | |
| 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 |
| Answer» D. all of the above | |
| 46. |
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 |
| D. | both (a) and (b) above |
| Answer» D. both (a) and (b) above | |
| 47. |
Provision regarding Res subjudice are– |
| A. | mandatory |
| B. | discretionary |
| C. | not mandatory |
| D. | directory |
| Answer» A. mandatory | |
| 48. |
Which of the following sections of the Code is intended to prevent two parallel proceedings in respect of same cause of action– |
| A. | section 13 |
| B. | section 11 |
| C. | section 10 |
| D. | section 9 |
| Answer» C. section 10 | |
| 49. |
A decree may be executed by |
| A. | court which passed it |
| B. | court to which sent for execution |
| C. | appellate court |
| D. | both (a) and (b) above |
| Answer» D. both (a) and (b) above | |
| 50. |
Among the following who cannot be arrested during execution of money decree– |
| A. | women |
| B. | any person |
| C. | partner |
| D. | none of the above |
| Answer» A. women | |
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