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) .
| 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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