McqMate
| 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 | |
| 51. |
Under the Code the provision of notice before instituting a suit against the Government is given in– |
| A. | section 82 |
| B. | section 80 |
| C. | section 79 |
| D. | section 78 |
| Answer» B. section 80 | |
| 52. |
Inherent powers of the Court can be exercised under the Code– |
| A. | to help the plaintiff |
| B. | to help the defendant |
| C. | for the ends of justice or to prevent abuse of the process of the court |
| D. | to grant interim relief |
| Answer» C. for the ends of justice or to prevent abuse of the process of the court | |
| 53. |
A residing in Dehradun, beats B in Delhi. B may sue A under the Code– |
| A. | delhi |
| B. | dehradun |
| C. | either (a) or (b) |
| D. | only (a) not (b) |
| Answer» C. either (a) or (b) | |
| 54. |
A person may sue a foreign State– |
| A. | only with the consent of the central government |
| B. | with the consent of the president of india |
| C. | with the consent of the state government |
| D. | both (a) and (c) above |
| Answer» A. only with the consent of the central government | |
| 55. |
Objection as to place of suing shall be allowed in the Court of first instance is the essence of– |
| A. | section 22 |
| B. | section 21a |
| C. | section 21 |
| D. | section 20 |
| Answer» C. section 21 | |
| 56. |
Where it appears to the Court that there exist element of a settlement the Court shall |
| A. | leave the matter undecided |
| B. | decide the matter itself |
| C. | refer the same for arbitration, conciliation or mediation |
| D. | none of the above |
| Answer» C. refer the same for arbitration, conciliation or mediation | |
| 57. |
A decree for execution cannot be sent to a– |
| A. | foreign court |
| B. | court outside india established by the authority of central government |
| C. | both (a) and (b) above |
| D. | neither (a) nor (b) |
| Answer» A. foreign court | |
| 58. |
Which of the following must be stated in the pleadings– |
| A. | facta probanda |
| B. | facta probantia |
| C. | both (a) and (b) above |
| D. | neither (a) nor (b) |
| Answer» A. facta probanda | |
| 59. |
Agreement between the parties to institute the suit relating to disputes in a particular Court– |
| A. | does not oust the jurisdiction of other courts |
| B. | may operate-as estoppels between the parties |
| C. | both (a) and (b) above |
| D. | none of the above |
| Answer» C. both (a) and (b) above | |
| 60. |
The Doctrine of res judicata applies to– |
| A. | changing circumstances |
| B. | static situations |
| C. | both (a) and (b) above |
| D. | none of the above |
| Answer» B. static situations | |
| 61. |
An order allowing or disallowing an application for amendment is– |
| A. | appealable |
| B. | a decree |
| C. | an appealable order |
| D. | none of the above |
| Answer» D. none of the above | |
| 62. |
The defendant against whom an exparte decree has been passed can prefer an appeal under |
| A. | order 9 rule 13 |
| B. | order 47 rule 1 |
| C. | section 96(2) |
| D. | none of the above |
| Answer» C. section 96(2) | |
| 63. |
Where the relief claimed by the plaintiff is undervalued and the valuation is not corrected within the time fixed or extended by the Court– |
| A. | the plaint may be rejected |
| B. | the plaint will be rejected |
| C. | the plaint will be returned |
| D. | either (a) or (c) |
| Answer» B. the plaint will be rejected | |
| 64. |
Which of the following does not deals with final determination of contested questions and have the binding effect in future litigation |
| A. | res subjudice |
| B. | res judicata |
| C. | stare decisis |
| D. | both (a) and (b) |
| Answer» A. res subjudice | |
| 65. |
Among the following cases in which the test of res judicata between codefendants has been laid down by the Supreme Court– |
| A. | sobhag singh v. jai singh |
| B. | jai narain v. kedar nath |
| C. | mahboob shab v. syed ismail |
| D. | sheodan singh v. daryao kanwar |
| Answer» C. mahboob shab v. syed ismail | |
| 66. |
Which of the following operate as res judicata– |
| A. | a withdrawal of suit |
| B. | an exparte decree |
| C. | a compromise decree |
| D. | none of the above |
| Answer» B. an exparte decree | |
| 67. |
The provisions relating to abatement do not apply to– |
| A. | appeals |
| B. | execution proceedings |
| C. | both (a) and (b) above |
| D. | none of the above |
| Answer» B. execution proceedings | |
| 68. |
Interrogatories shall be answered by affidavit to be filed within_____ after the service of it– |
| A. | 30 days |
| B. | 21 days |
| C. | 10 days |
| D. | 7 days |
| Answer» C. 10 days | |
| 69. |
Section 34 of the Code does not deal with– |
| A. | interest from the date of decree |
| B. | interest prior to suit |
| C. | interest pendent lite |
| D. | none of the above |
| Answer» B. interest prior to suit | |
| 70. |
At the first hearing of the suit, the Court must– |
| A. | frame and record the issues |
| B. | ascertain upon what material propositions of fact or of law the parties are at variance |
| C. | record the evidence |
| D. | none of the above |
| Answer» B. ascertain upon what material propositions of fact or of law the parties are at variance | |
| 71. |
Under order 7 Rule 11 of the Code. The plaint shall not be rejected– |
| A. | where it is not filed in duplicate |
| B. | where the suit appears from the statement in the plaint to be barred by any law |
| C. | where the plaintiff fails to comply with the provision of rule 9 |
| D. | where it discloses cause of action |
| Answer» D. where it discloses cause of action | |
| 72. |
Application under Order 9 Rule 7 of the Code to set aside the order of ex-parte proceeding may be filed– |
| A. | at or before the date of fixed for hearing |
| B. | within 90 days |
| C. | within 45 days |
| D. | within 30 days |
| Answer» A. at or before the date of fixed for hearing | |
| 73. |
Which section of the Code prove enforcement of decree against legal representative– |
| A. | section 51 |
| B. | section 52 |
| C. | section 56 |
| D. | section 58 |
| Answer» B. section 52 | |
| 74. |
Among the following in which section property liable to attachment and sale in execution of decree is provided– |
| A. | section 60 |
| B. | section 62 |
| C. | section 63 |
| D. | section 65 |
| Answer» A. section 60 | |
| 75. |
A judgment debtor has been arrested, may not release among the following ground– |
| A. | suffering from any serious illness |
| B. | suffering from any infectious or contagious disease |
| C. | he is not in a fit state of health to be detained in the civil prison |
| D. | none of the above |
| Answer» D. none of the above | |
| 76. |
Among the following properties, which shall not be liable for attachment under the Code– |
| A. | government securities |
| B. | bank notes |
| C. | a mere right to sue for damages |
| D. | all of the above |
| Answer» C. a mere right to sue for damages | |
| 77. |
Among the following which section deals with the proceeds of execution-sale to be rateably distributed among decree-holders– |
| A. | section 60 |
| B. | section 67 |
| C. | section 73 |
| D. | section 75 |
| Answer» C. section 73 | |
| 78. |
Section which deals with the interpleader suit– |
| A. | 38 |
| B. | 79 |
| C. | 84 |
| D. | 88 |
| Answer» D. 88 | |
| 79. |
A decree is passed against the Union of India or a State, execution shall not be issued on any such decree unless it remains unsatisfied for the period of– |
| A. | two months |
| B. | three months |
| C. | one months |
| D. | six months |
| Answer» B. three months | |
| 80. |
No order for detention of the judgment debtor in civil prison in execution of a decree for the payment of money shall be made, where the total amount of the decree not exceed– |
| A. | one thousand |
| B. | two thousand |
| C. | five thousand |
| D. | ten thousand |
| Answer» B. two thousand | |
| 81. |
In which of the following cases, the Court may not issue a commission– |
| A. | to examine any person |
| B. | to make a partition |
| C. | to hold a scientific, technical or expert investigation |
| D. | for execution of a decree |
| Answer» D. for execution of a decree | |
| 82. |
Appellant Court shall not have power– |
| A. | to remand a case |
| B. | to determine a case finally |
| C. | to take additional evidence |
| D. | none of the above |
| Answer» D. none of the above | |
| 83. |
The Limitation Act contains |
| A. | 32 sections |
| B. | 137articles |
| C. | 30 sections |
| D. | both (a) & (b) are correct |
| Answer» D. both (a) & (b) are correct | |
| 84. |
The doctrine which place emphasis on the plaintiff’s duty to exhaust all available grounds in support of his claim– |
| A. | estoppels |
| B. | res judicata |
| C. | principle underlying order 2 rule 2 (splitting of claim) |
| D. | none of the above |
| Answer» C. principle underlying order 2 rule 2 (splitting of claim) | |
| 85. |
Remedy available against rejection of plaint is– |
| A. | plaintiff may prefer an appeal |
| B. | plaintiff may present a fresh plaint in respect of the same cause of action |
| C. | either (a) or (b) |
| D. | none of the above |
| Answer» C. either (a) or (b) | |
| 86. |
A claim by way of____ may be allowed even if it is time barred when there is a fiduciary relationship between the parties– |
| A. | an equitable set-off |
| B. | a legal set off |
| C. | a counter claim |
| D. | all of the above |
| Answer» A. an equitable set-off | |
| 87. |
A suit filed on behalf of a minor |
| A. | cannot be withdrawn |
| B. | can be withdrawn as a matter of right |
| C. | can be withdrawn only with the leave of the court |
| D. | none of the above |
| Answer» C. can be withdrawn only with the leave of the court | |
| 88. |
Which of the following deals with the transfer of decree to Court in another State in the Code of Civil Procedure? |
| A. | Section 40 |
| B. | Section 36 |
| C. | Section 39 |
| D. | Section 52 |
| Answer» A. Section 40 | |
| 89. |
Which of the following deals with proceeds of execution- sale to be rateably distributed among decree holders in the Code of Civil Procedure? |
| A. | Section 63 |
| B. | Section 72 |
| C. | Section 73 |
| D. | Section 78 |
| Answer» C. Section 73 | |
| 90. |
Which of the following deals with second appeal in the Code of Civil Procedure? |
| A. | Section 111 |
| B. | Section 103 |
| C. | Section 108 |
| D. | Section 100 |
| Answer» D. Section 100 | |
| 91. |
Which of the following deals with power of High Court to make rules as to their original civil procedure? |
| A. | Section 122 |
| B. | Section 103 |
| C. | Section 124 |
| D. | Section 129 |
| Answer» D. Section 129 | |
| 92. |
Which of the following sections of the Code of Civil Procedure has been repealed by the Repealing and Amending Act, 1952 (48 of1952)? |
| A. | Section 145 |
| B. | Section 150 |
| C. | Section 155 |
| D. | Section 153 |
| Answer» C. Section 155 | |
| 93. |
Court may order defendant or plaintiff to appear in person under which of the following in the Code of Civil Procedure? |
| A. | Order 7, Rule 3 |
| B. | Order 5, Rule 3 |
| C. | Order 6, Rule 10 |
| D. | Order 4, Rule 8 |
| Answer» B. Order 5, Rule 3 | |
| 94. |
Which of the following deals with when plaintiff sues as representatives in the Code of Civil Procedure? |
| A. | Order 5, Rule 30 |
| B. | Order 9, Rule 12 |
| C. | Order 6, Rule 10 |
| D. | Order 7, Rule 4 |
| Answer» D. Order 7, Rule 4 | |
| 95. |
Parties to appear on day fixed in summons for defendant to appear and answer under which of the following in the Code of Civil Procedure? |
| A. | Order 5, Rule 30 |
| B. | Order 4, Rule 13 |
| C. | Order 9, Rule 1 |
| D. | Order 10, Rule 22 |
| Answer» C. Order 9, Rule 1 | |
| 96. |
Which of the following deals with verified copies in the Code of Civil Procedure? |
| A. | Order 16, Rule 12 |
| B. | Order 11, Rule 19 |
| C. | Order 6, Rule 10 |
| D. | Order 8, Rule |
| Answer» B. Order 11, Rule 19 | |
| 97. |
Which of the following deals with power to order attendance of deponent for cross-examination in the Code of Civil Procedure? |
| A. | Order 12, Rule 5 |
| B. | Order 14, Rule 20 |
| C. | Order 6, Rule 21 |
| D. | Order 19, Rule 2 |
| Answer» D. Order 19, Rule 2 | |
| 98. |
Which of the following deals with application to Court whose decree complained of in the Code of Civil Procedure? |
| A. | Order 25, Rule 5 |
| B. | Order 31, Rule 9 |
| C. | Order 45, Rule 2 |
| D. | Order 9, Rule 10 |
| Answer» C. Order 45, Rule 2 | |
| 99. |
A sues B to recover a debt or damages for breach of contract. Pending the suit A is adjudged insolvent. |
| A. | The official assignee or receiver is a necessary party to suit |
| B. | The official assignee or receiver is not a necessary party to suit |
| C. | proper party |
| D. | pleader |
| Answer» A. The official assignee or receiver is a necessary party to suit | |
| 100. |
Which of the following deals with theresult of execution proceedings to becertified in the Code of Civil Procedure? |
| A. | Section 43 |
| B. | Section 41 |
| C. | Section 39 |
| D. | Section 52 |
| Answer» B. Section 41 | |
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