Under Section 2 (9), Civil Procedure Code, amongst the following, which can be said to be a "judgment" ?
A
An injunction
B
An order
C
Statement given by the Judge on the grounds of an order or decree
D
A decree
E
All of the above
Question 2Single Answer
Amongst the following suits, which is not a suit of civil nature ?
A
Suit for specific relief or suit for specific performance of contract
B
Suit against expulsion from caste
C
Suit for declaration and right to worship
D
Suit relating to right to movable and immovable properties
Question 3Single Answer
Under Section 10 of the Civil Procedure Code, rule of res sub judice
A
Stays the trial of the subsequent suit simultaneous hearings of the previous suit and also all the subsequent suits
B
Prevents
C
Stays the institution of the subsequent suits
D
Stays the trial of the previous suit
Question 4Single Answer
On what principle the rule of res judicata is based ?
A
No, one should be troubled twice for the same cause of action
B
There should be an end to litigation
C
Neither (1) nor (2)
D
Both (1) and (2)
Question 5Single Answer
Under Order 39, Civil Procedure Code, a temporary injunction may be issued
A
To stay the election of the members of the Parliament
B
To stay the eviction from the immovable property
C
To stay the proceedings of the session of the legislative assembly
D
To stay the proposed departmental enquiry against a public servant and stay to make any adverse remark in his annual confidential report
Question 6Single Answer
In which Court, a suit for partition of immovable property shall be instituted ?
A
Where the immovable property is situated
B
Where the plaintiff resides
C
Where the plaintiff works for gain or carries on his business
D
Any court with permission of the High court
Question 7Single Answer
The suit shall not be rejected, where
A
The suit does not disclose a cause of action
B
The relief claimed is undervalued by the plaintiff, and he, on being required by the Court to correct the valuation, fails to do so
C
The suit has not been presented by an advocate
D
The suit appears from the statement in the plaint to be barred by any law
Question 8Single Answer
In case of a minor party, the proceedings of the suit shall not be stayed
A
On retirement of the next friend
B
When the plaintiff attains majority
C
On death of the next friend
D
On removal of the next friend
Question 9Single Answer
The full amount of the purchasemoney payable shall be paid by the auction - purchaser into Court within .............. from the date of sale of the property .
A
Fifteen days
B
Twenty one days
C
Thirty days
D
Seven days
Question 10Single Answer
From the date of the service of the notice on the respondent regarding the date fixed for hearing of the appeal, within how much period (from the date of such service) he may file a cross - objection against the decree ?
A
Within ten days
B
Within fifteen days
C
Within one month
D
Within two months
Question 11Single Answer
The Civil Procedure Code, 1908 came into force w.e.f.
A
01.01.1909
B
01.04.1909
C
05.12.1908
D
15.03.1909
Question 12Single Answer
The Civil Procedure Code, 1908 extends to the whole of India, except the
A
State of Jammu and Kashmir
B
State of Nagaland
C
Tribal areas
D
State of Jammu and Kashmir, Nagaland and the tribal areas
Question 13Single Answer
How many Sections and Orders are there in the Civil Procedure Code, 1908 ?
A
160 Sections and 52 Orders
B
165 Sections and 55 Orders
C
158 Sections and 51 Orders
D
155 Sections and 50 Orders
Question 14Single Answer
Under what Section of the Civil Procedure Code, "decree" has been defined ?
A
Section 2 (1)
B
Section 2 (2)
C
Section 2 (3)
D
Section 2
Question 15Single Answer
The word "decree" includes
A
Rejection of plaint
B
Determination of any question within Section 144
C
Any adjudication from which an appeal lies as an appeal from an order
D
Any order of dismissal for default
E
Both (1) and (2)
Question 16Single Answer
The word includeshall "decree" not
A
Rejection of plaint
B
Determination of any question within Section 144
C
Any adjudication from which an appeal lies as an appeal from an order
D
Any order of dismissal for default
E
Both (3) and (4)
Question 17Single Answer
The word "decree - holder" means any person
A
In whose favour a decree has been passed
B
Against whom a decree has been passed
C
In whose favour an order capable of execution has been passed
D
Against whom an order capable of execution has been passed
E
Both (1) and (3)
Question 18Single Answer
The word "judgment - debtor" means any person
A
In whose favour a decree has been passed
B
Against whom a decree has been passed
C
In whose favour an order capable of execution has been passed
D
Against whom an order capable of execution has been passed
E
Both (2) and (4)
Question 19Single Answer
The term "legal representative" means a
A
Person who in law represents the estate of a deceased person; or any person who inter-meddles with the estate of the deceased person; or the person on whom the estate devolves on the death of the party
B
Deceased person's relative by blood or by milk
C
Deceased person's nearest relative
D
Deceased person's wife or husband
Question 20Single Answer
What is the legal status of that person who in law represents the estate of a deceased person or any person who inter - meddles with the estate of the (deceased person or the person on whom the estate devolves on the death of the party ?
A
Receiver
B
Legal representative
C
Executor of a will
D
Holder of general power of attorney
Question 21Single Answer
The term "foreign Court" means a Court, which
A
Situates outside India
B
Not established or continued by the authority of the Central Government
C
Situates outside India and not established or continued by the authority of the Central Government
D
Situates outside India and established or continued by the authority of the Central Government
Question 22Single Answer
What is meant by "mesne profits" of property ?
A
Those profits which the person in wrongful possession of such property actually received or might with ordinary diligence have received there from, together with interest on such profits
B
Profits due to improvements made by the person in wrongful possession
C
Both (1) and (2)
D
None of the above
Question 23Single Answer
Decree may be -
A
Preliminary
B
Final
C
Preliminary preliminary and partly final or final or partly
D
None of the above
Question 24Single Answer
Formal expression of an adjudication is called .
A
Reference
B
Order
C
Revision
D
Decree
Question 25Single Answer
In a judgment, what is written by a judge ?
A
Brief description of the case
B
Issues
C
Issue - wise findings stating grounds thereof
D
All of the above
Question 26Single Answer
In which Section of the Civil Procedure Code, "Provincial Small Cause Courts" have been enshrined ?
A
Section 5
B
Section 6
C
Section 7
D
Section 8
Question 27Single Answer
In which Section of the Civil Procedure Code, application of this Code to Revenue Courts, has been provided ?
A
Section 5
B
Section 6
C
Section 7
D
Section 8
Question 28Single Answer
Which factors are kept in view while ascertaining jurisdiction of the Courts in India ?
A
Pecuniary
B
Territorial
C
Subject - matter
D
All of the above
Question 29Single Answer
In which year, in India, first of all, Civil Procedure Code was passed ?
A
1839
B
1859
C
1898
D
1908
Question 30Single Answer
Procedural law is that branch of law which rules and controls the stages of the litigation. Which jurist was of the aforesaid view - point ?
A
Austin
B
Dean R. Pound
C
Salmond
D
Allen
Question 31Single Answer
In which Section of the Civil Procedure Code "res subjudice" has been provided ?
A
Section 10
B
Section 11
C
Section 12
D
Section 13
Question 32Single Answer
In which Section of the Civil Procedure Code, "res judicata" has been defined ?
A
Section 9
B
Section 11
C
Section 13
D
Section 15
Question 33Single Answer
"Courts to try all civil suits unless barred" This subject - matter has been of the Civil dealt with under Procedure Code ?
A
Section 6
B
Section 7
C
Section 8
D
Section 9
Question 34Single Answer
"A suit in which the right to property or to an office is contested" is called a
A
Civil suit
B
Property suit
C
Litigation
D
Suit relating to an office
Question 35Single Answer
From amongst the following suits, which suit is of a civil nature ?
A
In which the right to property or to an office is contested
B
Suit of a political nature
C
Suit of a social nature
D
A dispute pending beforea caste panchayat in which a matter relating to "nata" or "chhutpalla" is involved
Question 36Single Answer
A suit in which "right may depend entirely on the decision of questions as to religious rites ro ceremonies" It will be called .
A
Religious suit
B
Civil suit
C
Social suit
D
Suit relating to an office
Question 37Single Answer
Amongst the following suits, which is a suit of a civil nature ?
A
A suit in which the right to property or to an office is contested
B
Suit relating to breach of contract
C
suit relating to easementary rights
D
All of the Above
Question 38Single Answer
Amongst the following suits, which is a suit of a civil nature ?
A
Suit for compensation relating to torts
B
Suit relating to right for cremation or "antyesti sanskaar" of dead bodies
C
Suit relating to right to give fire to Holi
D
Suit relating to right to perform pooja
E
Suit relating to right to religious or social processsion
Question 39Single Answer
Amongst the following, which is not a suit of a civil nature ?
A
Suit relating to contributory provident fund
B
Suit for divorce
C
Suit for arrears of rent and eviction of tenant from the disputed premises
D
Suit relating to industrial dispute
Question 40Single Answer
Amongst the following, which is not a suit of a civil nature ?
A
Suit relating to right to secrecy
B
Suit relating to right to information
C
Complaint relating to an offence for imposing punishment to the accused
D
All of the Above
Question 41Single Answer
What is the main object of "resjudicata" ?
A
To protect from double litigation
B
To prevent the multiplicity of suits
C
To give finality to the findings of the Courts
D
To prohibit from bringing suits several times on the same cause of action; and to put end to the litigation
E
All of the above
Question 42Single Answer
Whether any issue, which was heard and finally decided by a competent Court having limited jurisdiction, can operate as res judicata in a subsequent suit ?
A
Yes
B
No
C
Dependent on the language of the issue
D
Dependent on the facts and circumstances of the case
Question 43Single Answer
The principles of res judicata are applicable to the
A
Suits
B
Execution proceedings
C
Suits and execution proceedings
D
Arbitration proceedings and criminal proceedings
Question 44Single Answer
What is meant by res judicata ?
A
A previous suit, whose facts are different from the suit in question
B
A previous suit, whose facts are nearabout similar to the suit in question
C
A previous suit, which has been heard and finally decided before the suit in question
D
A suit, which has been previously instituted in a competent Court before the suit in question
Question 45Single Answer
Any matter which might and ought to have been made ground of defence or attack or for such matter no such ground has been made
A
No new suit can be instituted before the Court, because such matter has been directly and substantially in issue in the previous suit
B
Subsequent suit can be instituted
C
New suit should be instituted
D
Dependent on facts the and circumstances of the case
Question 46Single Answer
The principles of res judicata are ............. on the proceedings relating to execution of the decrees .
A
Not applicable
B
Applicable
C
Applicable or not, will depend on the facts and circumstances of the case
D
Applicable or not, will depend on the discretion of the Court
Question 47Single Answer
In which circumstances, the principle of res judicata will apply on COdefendants ?
A
When the matter has been in issue between the defendants
B
When the matter between the defendants has been heard and finally decided
C
When it was necessary for the Court to decide the matter in question to give relief to the plaintiff, for which he had filed the suit
D
All of the above
Question 48Single Answer
In a res subjudice matter, which suit will remain pending ?
A
Previous suit
B
Subsequent suit
C
Both (1) and (2)
D
All of the above
Question 49Single Answer
The provisions regarding res subjudice, mentioned in Section 10,Civil Procedure Code, are
A
Directory
B
Discretionary
C
Mandatory
D
None of the above
Question 50Single Answer
What is necessary for applying the principles of res subjudice ?
A
In both the suits, there should be the parties or their legal representatives same
B
Both the suits should be pending
C
In both the suits, the matter in issue should be directly and substantially be same
D
All of the above
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Civil Procedure Code
Question 51Single Answer
Amongst the following statements, which statement is false ?
A foreign judgment shall be conclusive as to any matter thereby directly adjudicated upon between the same parties or between parties under whom they or any of them claim litigating under the same title, where
A
It has been pronounced by a Court of competent jurisdiction
B
It has been given on the merits of the case
C
It has not been obtained by fraud
D
It has not been against the principles of natural justice
E
It is refusal to recognise any relevant law prevalent in India
Question 52Single Answer
A foreign judgment shall be conclusive between its parties only when such judgment
A
Has been written in English language
B
Has been pronounced by the High Court
C
Has been passed by the competent Court based on the merits of the case
D
Has been verified by the U.N.O.
Question 53Single Answer
Amongst the following statements, which statement is correct ?
A foreign judgment shall not be conclusive as to any matter thereby directly adjudicated upon between the same parties or between parties under whom they or any of them claim litigating under the same title
A
When such judgment has not been passed on merits of the case by a Court of competent jurisdiction
B
When such judgment has been obtained by fraud
C
When such judgment is barred by the principles of res judicata
D
When it is against the principles of natural justice
E
All of the above
Question 54Single Answer
"Presumption as to foreign judgment" has been provided in the Civil Procedure Code. Mention its Section .
A
Section 12
B
Section 13
C
Section 14
D
Section 15
Question 55Single Answer
Where every suit shall be instituted ?
A
Court of the highest grade competent to try it
B
Court of the lowest grade competent to try it
C
Court of Judicial Magistrate first class or Civil Judge (Junior Division) or Munsif
D
Court of the District Judge
Question 56Single Answer
'A', resident of Delhi, beats 'B' at Kolkata where 'B' will institute the suit for compensation ?
A
Delhi
B
Kolkata
C
Either Delhi or Kolkata
D
Any where in India
Question 57Single Answer
'A' residing in Delhi, publishes in Kolkata statements defamatory of 'B' Where 'B' should sue ?
A
Delhi
B
Kolkata
C
Either Delhi or Kolkata
D
Any where in India
Question 58Single Answer
'A' is a tradesman in Kolkata. 'B' carries on business in Delhi. 'B' by his agent in Kolkata buys goods of 'A' and requests 'A' to deliver them to the East Indian Railway Company 'A' delivers the goods accordingly in Kolkata 'A' may sue 'B' for the price of the goods at
A
Kolkata
B
Delhi
C
Either Kolkata or Delhi
D
Any where in India
Question 59Single Answer
'A' resides at Simla, 'B' at Kolkata and 'C' at Delhi. 'A', 'B' and 'C' being together at Benaras, 'B' and 'C' make a joint promissory note payable on demand, and deliver it to 'A' may sue 'B' and 'C' at
A
Benaras
B
Kolkata
C
Delhi
D
Either Benaras or Kolkata or Delhi
Question 60Single Answer
In which Section of the Civil Procedure Code, 1908, it has been stated that every suit shall be instituted in the Court of the lowest grade competent to try it ?
A
Section 13
B
Section 14
C
Section 15
D
Section 16
Question 61Single Answer
Where the suits shall be instituted under Section 20, Civil Procedure Code ?
A
Where the defendant actually and voluntarily resides
B
Where the defendant carries on business or personally works for gain
C
Where the cause of action wholly arises
D
Where the cause of action in part arises
E
All the above
Question 62Single Answer
In which Court the suits relating to immovable properties' transfer, partition, recovery, foreclosure, sale, redemption and compensation for wrong to immovable properties shall be instituted ?
A
Where the cause of action, wholly or in part, arises
B
Any Court situated within India
C
Within the local jurisdiction the property or any of its part is situate limits of whose
D
All the above
Question 63Single Answer
For claiming relief of compensation for wrong relating to an immovable property held by the defendant, in which Court the suit may be filed ?
A
Within the local limits of whose jurisdiction such property is situate
B
Where the defendant actually and voluntarily resides
C
Where the defendant carries on business or personally works for gain
D
Any where amongst the aforesaid Courts
Question 64Single Answer
'A', resident of Jodhpur, violates the copyright of 'B', an author, at Udaipur. In which Court, 'B' shall file a suit against 'A' ?
A
Jodhpur
B
Udaipur
C
Either Jodhpur or Udaipur
D
Any Court situated within India
Question 65Single Answer
What will be the place of institution of suits where local limits of jurisdiction of Courts are uncertain as to where the immovable property is situate and it is uncertain whether the immovable property is situate at Jaipur or Sikar ?
A
Only Jaipur
B
Only Sikar
C
Either Jaipur or Sikar
D
Any Court situated with within India
Question 66Single Answer
In which Court, a suit for restitution of conjugal rights shall be instituted ?
A
Where the wife resides
B
Where the husband resides
C
When the wife never resided at the residence of her husband, then at the place where the wife resides
D
Any of the aforesaid places
Question 67Single Answer
In which Court, a suit for breach of contract shall be instituted ?
A
Where the contract was entered into
B
Where breach of contract was made
C
Where the contract was performed
D
Any of the aforesaid places
Question 68Single Answer
'Hundis' were written at Bikaner, which were accepted at Alwar Where its suit shall be brought ?
A
Only Bikaner
B
Only Alwar
C
Either Bikaner or Alwar
D
Any place situated within India
Question 69Single Answer
In which Court, a suit shall be instituted for a contract of life insurance ?
A
Where the head office of such Insurance Company is situate
B
Where the insured person died
C
Where the cause of action arose
D
Any of the aforesaid places
Question 70Single Answer
In which Section of the Civil Procedure Code, "objections to jurisdiction" have been dealt with ?
A
Section 21
B
Section 22
C
Section 23
D
Section 24
Question 71Single Answer
When a suit may be instituted in two or more Courts and on the option of the plaintiff, the suit is instituted in one of those Courts and the defendant wants to get the case transferred, then in which Court he should move the application ?
A
High Court
B
Supreme Court
C
That High Court within the local limits of whose jurisdiction the Court in which the suit is brought is situate
D
Appellate Court
Question 72Single Answer
Under Section 25, Civil Procedure Code, if it is found that application for transfer of the case was frivolous or vexatious, then what quantum of amount of compensation may be ordered by the Court to be paid by the applicant to the contesting non applicant ?
A
Not exceeding one thousand rupees
B
Not exceeding five hundred rupees
C
Not exceeding two thousand rupees
D
Not exceeding three thousand rupees
Question 73Single Answer
In which Section of the Civil Procedure Code, power of the Supreme Court to transfer suits has been mentioned ?
A
Section 24
B
Section 25
C
Section 26
D
Section 27
Question 74Single Answer
Under Section 24, Civil Procedure Code, which Court has been vested with general power to transfer and withdraw any suit, appeal or other proceeding ?
A
The Supreme Court or the High Court
B
The High Court or the District Court
C
The District Court or the Civil Judge (Senior Division)
D
All of the above
Question 75Single Answer
Under Order 6, Rule 1, Civil Procedure Code, what "pleading" shall mean ?
A
Plaint
B
Written - statement
C
Affidavit
D
Plaint or written - statement
Question 76Single Answer
When necessary parties to the suit are not joined as parties to the suit, then it is called
A
Non - joinder
B
Misjoinder
C
Co - joinder
D
Suit - joinder
Question 77Single Answer
When unnecessary persons are joined as parties to the suit, it is called
A
Non - joinder
B
Misjoinder
C
Co - joinder
D
Suit - joinder
Question 78Single Answer
Which party to the suit is entitled to file a written - statement in the Court ?
A
Complainant
B
Plaintiff
C
Defendant
D
Witness
Question 79Single Answer
Within what period from the date service of the summons on the defendant, he shall file the writtenstatement of his defence ?
A
15 days
B
30 days
C
60 days
D
90 days
Question 80Single Answer
When within a period of thirty days from the date of service of summons on the defendant, he fails to file the written - statement of his defence, then, with permission of the Court, he may file the written - statement on a date specified by the Court, for reasons to be recorded in writing, but such date shall not be later than days from the date of service of the summons .
A
45 days
B
30 days
C
60 days
D
90 days
Question 81Single Answer
If in any case in which the defendant sets up a counter - claim, the suit of the plaintiff is stayed, discontinued, and dismissed, may counter - claim nevertheless
A
Cannot be proceeded with
B
Be proceeded with
C
Be stayed
D
Be proceeded with in special circumstances
Question 82Single Answer
Under Section 23, Civil Procedure Code, to what Court an 'application shall be made for transfer of the case from one Court to another Court ?
A
Where the several Courts having jurisdiction are subordinate to the same Appellate Court, an application shall be made to the Appellate Court
B
Where such Courts are subordinate to different Appellate Courts but to the same High Court, the application shall be made to the said High Court
C
Where such Courts are subordinate to different High Courts, the application shall be made to the High Court within the local limits of whose jurisdiction the Court in which the suit is brought is situate
D
Before any of the aforesaid Courts
Question 83Single Answer
Before passing the judgment, in what circumstance / s, the Court may grant permission to amend the pleadings ?
A
The amendment will not change the basic nature of the suit
B
The amendment is necessary and justified
C
The amendment has not been sought only with the object to delay the disposal of the case
D
The amendment will prevent multiplicity of the suits / proceedings
E
All the above
Question 84Single Answer
To which party, the Court is entitled to allow amendment of the pleadings ?
A
Only the plaintiff
B
Only the defendant
C
The plaintiff and the defendant
D
None of the above
Question 85Single Answer
If a party who has been permitted to amend the pleadings does not amend accordingly within ................. from the date of the order, he shall not be permitted to amend after the expiration of such limited time, unless time is extended by the Court .
A
7 days
B
10 days
C
14 days
D
15 days
Question 86Single Answer
What is necessary for filing and defending a representative suit ?
A
The parties should have the same interest
B
For filing such suit, one or more persons should obtain permission from the Court
C
Parties to the suit should be given notice
D
When personal service of notice is not reasonably practicable, parties should be given notice by public advertisement
E
All the above
Question 87Single Answer
At what stage of the suit, the Court may allow amendment of the pleadings ?
A
After framing of the issues
B
After plaintiff's evidence
C
After defendant's evidence
D
At any stage of the suit before the judgment
Question 88Single Answer
When the pleading has been based on the .................. then all particulars (with dates and items, if necessary) shall be stated in the pleading .
A
Misrepresentation
B
Fraud or undue influence
C
Breach of trust
D
Wilful default
E
All the above
Question 89Single Answer
What shall be furnished by the person verifying the pleading in support of his pleadings ?
A
Documentary evidence
B
Affidavit
C
Documentary evidence and affidavit
D
Documentary evidence and oral evidence
Question 90Single Answer
Under what provision of the Civil Procedure Code, it is necessary for the parties to the suit to verify their pleadings ?
A
Order 6. Rule 15
B
Order 6. Rule 16
C
Order 6. Rule 17
D
Order 6. Rule 18
Question 91Single Answer
Under Order 7, Rule 11 (e), Civil Procedure Code, when the plaint shall be rejected ?
A
Where it is not filed in duplicate
B
Where it is not filed in triplicate
C
Where it is not legibly typed or handwritten
D
None of the above
Question 92Single Answer
Amongst the following statements, which statement is wrong ?
The Court may, at any stage of the proceedings, order to struck out or amend any matter in any pleading
A
Which may be unnecessary, scandalous frivolous or vexatious
B
Which is lengthy, unnecessarily detailed or full of repetitions
C
Which may tend to prejudice, embarrass or delay the fair trial of the suit
D
Which is an abuse of the process of the Court
Question 93Single Answer
Under Order 7, Rule 11, Civil Procedure Code, on what ground / s, a plaint shall be rejected ?
A
Where it does not disclose a cause of action
B
Where the relief claimed undervalued, and the plaintiff, on being required by the Court to correct the valuation within a time fixed by the Court, fails to do so
C
Where the relief claimed is properly valued, but the plaint is written upon paper insufficiently stamped, and the plaintiff, on being required by the Court to supply the requisite stamp - paper within a time fixed by the Court, fails to do so
D
Where the suit appears from the statement in the plaint to be barred by any law
E
All of the above
Question 94Single Answer
The trial Court (at any stage of the suit) and the appellate or revisional Court (after setting aside the decree passed in a suit), may order for return of plaint, when
A
The trial Court has no jurisdiction to hear that suit
B
The plaint does not disclose a cause of action
C
The relief claimed is undervalued
D
All of the above
Question 95Single Answer
Where the suit has been dismissed by the Court, whether the plaintiff may (subject to the law of limitation) bring a fresh suit based on the same cause of action ?
A
No
B
Yes
C
Dependent on the discretion of the Court concerned
D
Dependent on the leave of the High Court
Question 96Single Answer
When the defendant does not file his written - statement, then
A
It shall be lawful for the Court to pronounce judgment on the basis of the plaint
B
The suit shall be dismissed by the Court
C
The suit shall be decreed by the Court in toto together with costs in favour of the plaintiff
D
None of the above
Question 97Single Answer
What is necessary for claiming setoff ?
A
A suit has been brought by the plaintiff against the defendant for recovery of money / amount
B
Such money / amount should be ascertained
C
Such money / amount should be legally recoverable
D
Such money / amount should be within pecuniary jurisdiction of the Court
E
All of the above
Question 98Single Answer
In which Section of the Civil Procedure Code, there is a provision regarding, "summons to defendants" ?
A
Section 26
B
Section 27
C
Section 28
D
Section 29
Question 99Single Answer
In which Section of the Civil Procedure Code, Court's power to order discovery etc. has been dealt with ?
A
Section 28
B
Section 29
C
Section 30
D
Section 31
Question 100Single Answer
Where a suit has been duly instituted, a summons may be issued to the defendant to appear and answer the claim and may be served in manner prescribed on such day not beyond days from date of the institution of the suit .
A
15 days
B
30 days
C
45 days
D
90 days
Question 101Single Answer
From which date code of civil procedure, 1908 came into force?
A
1, January, 1908
B
1, April, 1908
C
31, December, 1908
D
1, January, 1909
Question 102Single Answer
The code of Civil Procedure, 1908 extends to the:
A
whole of India
B
whole of India, except the State of Jammu and Kashmir
C
whole of India, except the Scheduled Areas and State and Jammu and Kashmir
D
whole of India, except the State and Jammu and Kashmir, Nagaland and Tribal Areas
Question 103Single Answer
Civil Procedure Code 1908 extends -
A
to the whole of India except the State of Jammu and Kashmir
B
to the whole of India except Nagaland and Manipur state
C
to the whole of India except Nagaland and the Tribal Areas
D
to the whole of India except Jammu and Kashmir, Nagaland and Tribal Areas
Question 104Single Answer
The Code of Civil Procedure (Amendment) Act, 2002 came into force on?
A
1st April, 2002
B
1st June, 2002
C
6th June, 2002
D
1st July, 2002
Question 105Single Answer
Code of Civil procedure 1908 is
A
Substantive law
B
Procedural law
C
Combination of Substantive and procedural law
D
Prescriptive law
Question 106Single Answer
The Provisions of Civil procedure Code:
A
Specifically apply to Writ Petitions
B
Do not specifically apply to Writ Petitions
C
Always apply to Writ Petitions
D
Never apply to Writ Petitions
Question 107Single Answer
'Decree' under Civil procedure Code, 1908 has been defined in its
A
Section 2 (1)
B
Section 2 (2)
C
Section 2 (a)
D
Section 2 (b)
Question 108Single Answer
Which of the following is not an essential element of a decree:
A
A formal expression of adjudication
B
Conclusive determination of the rights of the parties
C
An adjudication from which an appeal lies as an appeal from an order
D
The adjudication must have been given in a suit
Question 109Single Answer
'Decree', as defined by Section 2 of the Code of Civil procedure' 1908 does not include -
A
A preliminary decree
B
Rejection of a plaint
C
Determination of any question within Section
D
Any order of dismissal for default
Question 110Single Answer
Decree shall be deemed to include the rejection of a plaint and the determination of any question within Section 144 of C.P.C.
A
Wrong
B
Right
C
It includes rejection of plaint but does not includes the determination of any question within Section 144 of C.P.C.
D
It includes determination of any question within Section 144 but shall not include the rejection of a plaint
Question 111Single Answer
Under Civil Procedure Code, which of the following statements are true regarding a decree?
A
Conclusively determines the rights of parties with regard to all or any of the matters in controversy in the suit
B
Decree can be partly preliminary and partly final
C
This would not include any adjudication from which an appeal lies as an appeal from an order
D
All of them
Question 112Single Answer
Which of the following is NOT a part of expression Decree as defined under Section 2(2) of Civil Procedure Code?
A
Adjudication of civil court
B
Conclusive determination of rights
C
Any order or dismissal for defaults
D
Formal expression of an Adjudication
Question 113Single Answer
Rejection of plaint is a:
A
decree
B
order
C
both (A) and (B)
D
neither (A) nor (B)
Question 114Single Answer
Deemed Decree implies
A
final judgment of the Court
B
final order of the Court
C
first para of the judgment
D
last para of the judgment
Question 115Single Answer
Which of the above mentioned options are considered decree
A
Rejection of plaint
B
Determination of any question under section 144 of CPC
C
Adjudication under order 21 rule 58 CPC
D
All the above
Question 116Single Answer
Which of the following is/are decree?
A
Order of abatement of a suit
B
Dismissal or appeal as time barred
C
Dismissal of suit for want of evidence
D
All of the above
Question 117Single Answer
Which of the following order is not amounting to decree?
A
An order dismissing cross objection
B
An order or abatement of a suit
C
An order rejecting a plaint
D
An order appointing a commissioner
Question 118Single Answer
Under the Code of Civil Procedure, 1908 which of the following statement is not correct?
A
Decree includes the rejection of Plaint
B
Decree includes the determination of any question under section 144
C
Decree does not include any order of dismissal for default
D
Decree includes any adjudication from which an appeal lies as an appeal from an order
Question 119Single Answer
Which of the following determination does not come under the definition of "Decree"
A
An adjudication which conclusively determines the rights of the parties with regard to some of the matters in issue before the court
B
Rejection of a plaint
C
Determination of any question under Section 144 of the Code of Civil Procedure
D
Dismissal of a suit for default
Question 120Single Answer
Which of the following is not a decree:
A
Rejection of a plaint
B
Dismissal in default
C
Both (A) and (B)
D
None of the above
Question 121Single Answer
Which one of the following is not a decree under Civil Procedure Code, 1908?
A
Rejection of a plaint for non-payment of court fee
B
Any order of dismissal for default
C
Both (A) and (B)
D
None of the above
Question 122Single Answer
Which is not a decree?
A
Rejection of plaint
B
Order of dismissal for default
C
Determination of any-question within Section 144 of CPC
D
Conclusive adjudication that determines the rights of the parties with regard to all or any of the matters in controversy in the suit
Question 123Single Answer
Under CPC, which of the following is not a decree?
A
Dismissal of suit in default
B
Rejection of a plaint
C
Dismissal of suit in default & Rejection of a plaint – Both
D
None
Question 124Single Answer
Decree does not includes
A
The rejection of plaints
B
The determination of any question within Section 144
C
Any order of dismissal for default
D
All the above
Question 125Single Answer
A decree may be -
A
Preliminary
B
Final
C
Partly preliminary and partly final
D
All the above
Question 126Single Answer
A decree becomes final, when
A
it conclusively determines the rights of the parties
B
no appeal has been preferred against the decree
C
both (A) and (B)
D
None of the above
Question 127Single Answer
A preliminary decree:
A
Determines the rights of the parties with regard to some or any of the matters in controversy in the suit but does not completely execute the suit
B
Is a stage in working out the rights of the parties which are to be finally adjudicated by a final decree
C
Both (a) and (b)
D
Neither (a) nor (b)
Question 128Single Answer
Preliminary decree can be passed in a suit -
A
for partition
B
of partnership
C
for possession and mesne profits
D
All of the above
Question 129Single Answer
Preliminary decree can be passed in a suit -
A
For partition
B
For possession and mesne profit
C
For partnership
D
All of the above
Question 130Single Answer
No preliminary decree is passed
A
in a partition suit
B
in a suit seeking specific performance of sale agreement
C
in a suit seeking the relief of foreclosure
D
in a suit seeking the relief of redemption
Question 131Single Answer
Which of the following decisions is not a decree within the meaning of Seciton 2(2) of CPC?
A
Dismissal of an application for final decree
B
Award of tribunal in land acquisition case
C
An order of abatement
D
Order modifying scheme under Section 92
Question 132Single Answer
Which of the following statement are correct?
1. The expression "decree" includes of final order
2. Garnishi is a person who is liable to pay a debt to a decree-holder or to deliver any movable property to him
Select the correct statement using the code given below:
A
only 1
B
only 2
C
both 1 and 2
D
Neither 1 nor 2
Question 133Single Answer
'Decree holder' means any person in whose favour a decree has been passed or an order capable of execution has been made. This definition of the term 'decree holder' is mentioned under
A
Section – 2 (2), C.P.C.
B
Section – 2 (3), C.P.C.
C
Section – 2 (4), C.P.C.
D
Section – 2 (d), C.P.C.
Question 134Single Answer
A decree holder has been defined as a person in whose favour a decree has been or an order capable of execution has been made under
A
Section – 2 (2), C.P.C.
B
Section – 2 (3), C.P.C.
C
Section – 2 (4), C.P.C.
D
Section – 2 (5), C.P.C.
Question 135Single Answer
"Decree holder" under subsection (3) of section 2 of CPC is -
A
Plaintiff
B
Defendant
C
A person which is not a party in a suit but in his fevour a executionable order passed
D
All the above
Question 136Single Answer
Under Civil Procedure Code, 1908 "Foreign Court" means -
A
A court situated outside India
B
A court situated outside the India and not established under the authority of Government of India
C
A court situated in India, applying foreign law
D
All of the above
Question 137Single Answer
According to section 2(5) of the Civil Procedure Code 'Foreign court' means:
A
A court situated outside India and established under the authority of Government of India
B
A court situated outside India and not established under the authority of Government of India
C
A court situated outside India applying foreign law
D
All of the above
Question 138Single Answer
Judge's is defined as the presiding officer of a Civil Court under …… of the Code of Civil Procedure, 1908 -
A
Section 2(8)
B
Section 2(4)
C
Section 2(5)
D
Section 2(2)
Question 139Single Answer
Which of the following Section of the Civil Procedure Code, 1908 defines "Judge"?
A
Section 2(8)
B
Section 2(4)
C
Section 2(6)
D
Section 2(12)
Question 140Single Answer
'Judgement' means
A
Part of the decree
B
Statement of judges on the grounds of a decree or order
C
Adjudication of rights
D
None of the above
Question 141Single Answer
Judgement under Section 2(9) of the Code of Civil Procedure, 1908 means
A
a decree
B
dismissal of appeal summarily
C
statement of grounds of an order or decree
D
All of the above
Question 142Single Answer
Under which one of the following Sections of Civil Procedure Coded, 1908 "Legal Representative" has been explained?
A
Section 2(11)
B
Section 2(13)
C
Section 2(10)
D
Section 2(12)
Question 143Single Answer
Statement : A minor can be a legal prepresentative of a deceased person
Explanation : But in any legal proceedings, such minor must be represented by his next friend or guardian
A
Statement is true but explanation is false
B
Statement is false but explanation is true
C
Both the statement and explanation are false
D
Both the statement and explanation are true
Question 144Single Answer
In which of the following provision 'mesne profit' has been defined in the C.P.C.?
A
Section 2(4)
B
Section 2(8)
C
Section 2(12)
D
Section 2(14)
Question 145Single Answer
Shall be also included in Mesne Profits -
A
Those profits due to improvements made by the person in wrongful possession of such property actually received
B
Profits including interest which the person is wrongful possession of such property actually received
C
Those profits with interest which might be received there from any ordinary diligences by person in wrongful possession
D
Both the profits including interest which the person in wrongful possession of such property actually received and those profits with interest which might be received there from with ordinary diligences by person in wrongful possession
Question 146Single Answer
Profit received during wrongful possession over a property is
A
Casual profit
B
Actual profit
C
Conditional profit
D
All of the above
Question 147Single Answer
Mesne profit can be claimed regarding
A
movable property only
B
immovable property only
C
both movable and immovable property property only
D
intellectual property only
Question 148Single Answer
"Mesne Profits" does not include:
A
Profit which a person in wrongful possession of property has actually received
B
Profit which a person in wrongful possession of property might with due diligence have received
C
Interest on the profits received by a person in wrongful possession of property
D
Improvement made by a person in wrongful possession of property
Question 149Single Answer
Which of the following pairs is not correctly matched under CPC?
A
Section 2(5) Foreign Court
B
Section 2(6) Foreign judgement
C
Section 2(11) Legal representative
D
Section 2(10) Mense Profit
Question 150Single Answer
Which of the following Sections of the code of Civil Procedure, define 'order'?
