General knowledge questions and answers on the Code of Civil Procedure especially compiled for UPSC, Civil Services, IAS, Indian Judicial Services and other Competitive Exams!
1. To constitute a matter of res judicata which of the following conditions must concur?
I. The matter directly and substantially in issue in the subsequent suit or issue must be the same matter which was directly and substantially in issue either actually (s. 11, explanation III) or constructively (s. 11, explanation IV) in the former suit
II. The former suit must have been a suit between the same parties under whom they or any of them claim. Explanation VI of S. 11 must be read with this condition
III. The parties as aforesaid must have litigated under the same title in the former suit
IV. The court which decided the former suit must have been a court competent to try the subsequent suit of the suit in which such issue has been subsequently raised. Explanation II of s. 11 is to be read with condition
V. The matter directly and substantially in issue in the subsequent suit must have been heard and finally decided by the court in the first suit. Explanation V of s. 11 is to be read with this condition
A. I, II
B. III, IV
C. II, IV, V
D. All of these
Ans. D
2. If a defendant is sued for slander, the only way to meet the plaintiff’s claim is to plead:
A. That the words in questions were not spoken and published
B. That they were spoken and published are true
C. That they were spoken and published and are privileged
D. All of these
Ans. D
3. The words ‘any director’ in O. 29, r 3 means:
A. Only the director who has signed and verified the pleading or on whom the summons has been served
B. Any of the directors who is in the position to answer material questions relating to the suit
C. either (A) or (B)
D. None of these
Ans. B
4. Festinatio justitiae est noverca informateeni means?
A. Hasty justice is the mother of misfortune
B. Hasty justice is the stepmother of misfortune
C. Hasty justice is the father of misfortune
D. None of these
Ans. B
5. The word ‘case’ used in s. 115 of the Code of Civil Procedure is of wide import and:
A. It means any state of facts juridically considered
B. It includes civil proceedings other suits and is not restricted to anything contained in the section to the entirety of the proceeding in a civil court
C. Both (A) or (B)
D. None of these
Ans. C
6. A sues B, a manager appointed by the court in an administration suit, for a declaration, that he had validly surrendered his lease. B’s defence is that the suit was not maintainable for want of notice under s. 80 of the Code of Civil Procedure and that the surrender was not valid. The court of first instance decided both the issues against A. B then sued A for royalty due under that lease.
A. The finding in the former suit that the lease was not validity surrendered was maintainable in spite of notice under s. 80
B. The finding in the former suit that the lease was a validity surrendered but not maintainable for want of notice under s. 80
C. The finding in the former suit that the lease was not validity surrendered was not maintainable for want of notice under s. 80
D. None of these
Ans. C
7. X sells certain property to A. At the time of sale the property was in the possession of B who claimed it adversely to X. A sues B in the High Court of Calcutta to recover possession of the property it adversely to X. An issue is rebased in the suit, and it is an issue of law, namely, whether a person who is not in possession of property at the time of sale is competent to convey it. The issue is found in the negative and A’s suit is dismissed.
Afterwards, it is decided by a Full Bench of the same High Court in another case between different parties altogether that although a person may not be in possession of a property, he is competent to convey it. After the decision of the Full Bench, A again sues B to recover possession of the same property under the same deed of sale, and asks for a decision in his favour on the strength of the Full Bench ruling on the point of law which was decided against him in the former suit. Here, the cause of action in the subsequent suit is the same as that in the former suit.
A. The court is, therefore, precluded from re-trying the same question of law in the subsequent suit. In other words, the issue of law is res judicata
B. It is immaterial that the decision on the question of law in the first suit was erroneous
C. Both (A) and (B)
D. None of these
Ans. C
8. A sues B for Rs 200. As against the said claim, B claims to set-off Rs 200, being part of a sum of Rs 1,200 alleged to be due to him by A, but omits to counterclaim from A the balance of Rs 1,000.
A. B cannot afterwards sue A to recover Rs 1,000
B. B can afterwards sue A to recover Rs 1,000
C. Either (A) or (B)
D. None of these
Ans. B
9. Husband got his petition for restitution of conjugal rights dismissed as ‘withdrawn’. Subsequently a petition is filed for divorce.
A. This subsequent petition was barred by O.2, r 2, as restitution and divorce are same remedies provided by the law
B. This subsequent petition was not barred by O.2, r 2, as restitution and divorce are separate remedies provided by the law
C. This subsequent petition was barred by O.2, r 2, as restitution and divorce are separate remedies provided by the law
D. None of these
Ans. B
10. A and B, both Mahommedans, pass a promissory note to X, B dies leaving three heirs H1, H2, and H3, X sues A (surviving maker of the note) and H1, H2 and H3 as heirs of B, A and H1 appear at the hearing and defend the suit, H2 and H3 do not appear. A decree is passed against all the defendants, the liability of H1, H2 and H3 under the decree being limited to the extent the property of B inherited by them as B’s heirs. Here the decree, so far as regard A and H1, is passed after hearing; and as regards H2 and H3, it is ex parte. H2 and H3 apply to have the decree set aside alleging that the summons was not served upon them. The court is satisfied that the summons was not served.
A. The decree should be set aside against H2 and H3
B. The decree should be set aside against H1
C. Both (A) and (B)
D. None of these
Ans. C
11. A sues B to recover a debt or damages for breach of contract. Pending the suit B is adjudged insolvent and his property vests in the official assignee.
A. Here there is a mere money claim against the insolvent and no vesting in the official assignee of any ‘interest’ in the subject-matter of suit within the meaning of O. 22 r 10
B. The official assignee therefore should not be added or substituted as a party defendant to the suit
C. Both (A) and (B)
D. None of these
Ans. C
12. Court in which suits to be instituted comes under which of the following in the Code of Civil Procedure?
A. Section 11
B. Section 12
C. Section 15
D. Section 16
Ans. C
13. Which of the following deals with powers of Court in executing transferred decree in the Code of Civil Procedure?
A. Section 41
B. Section 36
C. Section 42
D. Section 52
Ans. C
14. Which of the following deals with power of court to issue commissions in the Code of Civil Procedure?
A. Section 75
B. Section 72
C. Section 59
D. Section 78
Ans. A
15. Which of the following deals with second appeal on no other grounds in the Code of Civil Procedure?
A. Section 111
B. Section 101
C. Section 108
D. Section 100
Ans. B
16. Which of the following deals with Publication of rules in the Code of Civil Procedure?
A. Section 140
B. Section 131
C. Section 108
D. Section 100
Ans. B
17. Which of the following deal with the continuance of orders under repealed enactments in the Code of Civil Procedure?
A. Section 157
B. Section 169
C. Section 148
D. Section 153
Ans. A
18. Summons to be either to settle issues or for final disposal are dealt under:
A. Order 7, Rule 3
B. Order 2, Rule 2
C. Order 6, Rule 10
D. Order 5, Rule 5
Ans. D
19. Which of the following deals with grounds of exemption from limitation law in the Code of Civil Procedure?
A. Order 5, Rule 30
B. Order 7, Rule 6
C. Order 6, Rule 10
D. Order 10, Rule 22
Ans. B
20. Which of the following deals with where neither party appears, suit to be dismissed in the Code of Civil Procedure?
A. Order 9, Rule 3
B. Order 4, Rule 13
C. Order 6, Rule 10
D. Order 10, Rule 22
Ans. A
21. Which of the following deals with non-compliance with order for discovery in the Code of Civil Procedure?
A. Order 16, Rule 2
B. Order 4, Rule 13
C. Order 6, Rule 10
D. Order 11, Rule 21
Ans. D
22. Which of the following deals with judgment when pronounced in the Code of Civil Procedure?
A. Order 12, Rule 5
B. Order 20, Rule 1
C. Order 19, Rule 21
D. Order 11, Rule 7
Ans. B
23. Which of the following deals with power to dispense with notices in cases of deceased parties in the Code of Civil Procedure?
A. Order 44, Rule 4
B. Order 31, Rule 21
C. Order 45, Rule 9A
D. Order 9, Rule 10
Ans. C
24. In which of the following way if a former suit is dismissed, it could not be said of a matter that it was heard and finally decided?
I. For want of jurisdiction
II. For default plaintiff under O. 9 r 8
III. For want of notice
IV. On the ground of non-joinder
V. For want of cause of action
A. I, III
B. II, IV, V
C. Ill, IV, V
D. All of these
Ans. D
25. The meaning of the phrase ‘Act of State’ in modem times has come to denote:
A. An act done by the state in the exercise of its sovereign status in relation to another state or subjects of another state
B. Governmental acts done in exercise of its executive power against its own subjects or foreigners resident within its territories
C. Both (A) and (B)
D. None of these
Ans. C
26. If a writ petition is decided on merits by a speaking order, the question decided in that petition would operate as res judicata; but which of the following kind of dismissal is not barred by res judicata?
A. In limine
B. On the ground of laches
C. By reason of availability of alternative remedy
D. All of these
Ans. D
27. The plaints in bank suits should specifically disclose which of the following ingredients?
A. The rate of interest charged from time to time from the date of loan to date of suit
B. The rates of interest permissible as per circular/ directives of Reserve Bank of India for the corresponding period
C. An averment that in the statement of account, the debits regarding interest and other charges are in accordance with the terms of contract and Reserve Bank of India directive
D. All of these
Ans. D
28. The provisions of O. 17, r 3 does not apply unless:
I. The hearing is adjourned on the application of a party to the suit, as distinguished from an adjournment by the court of its own motion
II. The hearing is adjourned on the application of the party who subsequently makes the default
III. The adjournment is granted to enable the party to produce his evidence, or to cause the attendance of his witness, or to perform any other act necessary to the further progress of the suit
IV. The party fails to perform any of the acts for which the adjournment was granted within the time allowed by the court
A. I, II, IV
B. Ill, IV
C. II, IV
D. All of these
Ans. D
29. The words ‘acted in the exercise of its jurisdiction illegally or with material irregularity’ used in s. 115 of the Code of Civil Procedure refers:
A. Only to an error of jurisdiction
B. Its application only cases of the kind contemplated by cll. (a) and (b) of this section
C. Both (A) and (B)
D. None of these
Ans. C
30. But where a genuine and bona fide request is made for adjournment instead of restoring to forfeiture of the right to cross examine, the court may grant time by levying costs. In which of the following cases it was so upheld?
A. Mayadevi Kukreja v. Meera Agarwal
B. Manohar Singh v. D S Sharma
C. Duryodhan v. Si tar am
D. None of these
Ans. B
31. A landlord sued to eject a tenant on the ground that he had failed to pay rent and that therefore, the lease had become forfeited as provided in the deed. The tenant pleaded that he was an agriculturist and further prayed to be relieved against forfeiture. The court granted the latter, relief and also recorded a finding that he lessee was a non- agriculturist tenant.
A. It was held in a subsequent suit between the parties that the latter finding was res judicata as the tenant could not on the previous litigation appeal against the finding that he was a non-agriculture tenant by reason of relief having been granted against forfeiture
B. It was held in a subsequent suit between the parties that the latter finding was not res judicata as the tenant on the previous litigation appeal against the finding that he was not a non-agriculture tenant by reason of relief having been granted against forfeiture
C. It was held in a subsequent suit between the parties that the latter finding was not res judicata as the tenant could not on the previous litigation appeal against the finding that he was a non-agriculture tenant by reason of relief having been granted against forfeiture
D. None of these
Ans. C
32. A sues B in 1874 to recover 12 years’ arrears of his share of a certain government allowance received by B. B contends that A is not entitled to recover more than 3 year’s allowance, A’s claim beyond that period being barred by the law of limitation. The court allows A’s claim in its entirety. In 1894, A sues B for further arrears for 11 years from 1882-1893. B raises the same point of law that was raised by him in the former suit. Held that the decision in the former suit does not operate as res judicata in the subsequent suit. Here the cause of action in the subsequent suit is for arrears which had accrued due after the institution of the former suit.
A. The court, therefore, is not precluded from re-trying the same question of law
B. If the court finds the question of law was wrongly decided in the former suit, it may decide the suit on what it considers is the correct interpretation of law
C. Both (A) and (B)
D. None of these
Ans. C
33. When a tradesman has a bill against a party for any amount in which the items are so connected together that it appears that the dealing is not intended to terminate with one contract, but to be continuous, so that one item if not paid shall be united with another and form one continuous demand:
A. The whole together still represents two different causes of action
B. The whole together forms but one cause of action and cannot be divided
C. The whole together forms but one cause of action but can still be divided
D. None of these
Ans. B
34. Every suit is to decide the whole claim. However, a separate suit for mesne profits from the date of decree to delivery of possession:
A. is barred because no claim of mesne profits was sought in the earlier suit
B. is barred because the claim of mesne profits prior to the date of decree stands barred under O. 2, r2
C. is not bared because the claim of mesne profits arises after the decree in the suit and so the decree gives a new cause of action
D. None of these
Ans. C
35. A sues B and C for a declaration of title to certain lands, and D and E (tenants of B and C) for possession of the land, B and C appear and defend the suit, D and E do not appear. The court passes a decree against all the four defendants, as against B and C, declaring that the lands belong to A, and as against D and E, directing them to deliver possession of the lands to A. Here, the decree against D and E is ex parte, for they did not appear at the hearing D and E apply for an order to set aside the decree, alleging that the summons was not served upon them. The court is satisfied that the decree, alleging that the summons was not served upon them. The court is satisfied that the summons was not served.
A. The decree must be set aside for against all the defendants B, C, D and E
B. The decree must be set aside for against D and E
C. Either (A) or (B)
D. None of these
Ans. D
36. A sues B for possession of certain land and manse profits. Pending the suit B lets the lands to C and delivers possession to him. A decree is then passed for A for possession and mesne profits. After the decree C at B’s request delivers possession of the land to A. A then applies in execution proceedings to join C as a party to me the suit so as to compel C to account for profits which he had received from the land.
A. C should not be joined as a party, for it cannot be said that B’s liability for mesne profits has ‘devolved’ upon C within the meaning of O.22 r 10
B. C should be joined as a party, for it cannot be said that B’s liability for mesne profits has ‘devolved’ upon C within the meaning of O.22 r 10
C. C should be joined as a party, for it can be said that B’s liability for mesne profits has ‘devolved’ upon C within the meaning of O.22 r 10
D. None of these
Ans. A
37. Which of the following deals with suits to be instituted where subject-matter situate in the Code of Civil Procedure?
A. Section 19
B. Section 12
C. Section 13
D. Section 16
Ans. D
38. Which of the following deals with execution of decrees passed by Civil Courts in places to which this Code does not extend in the Code of Civil Procedure?
A. Section 41
B. Section 36
C. Section 39
D. Section 43
Ans. D
39. Which of the following deals with commissions issued by foreign Courts in the Code of Civil Procedure?
A. Section 63
B. Section 59
C. Section 76
D. Section 78
Ans. B
40. No second appeal in certain cases under which of the following in the Code of Civil Procedure?
A. Section 111
B. Section 109
C. Section 102
D. Section 100
Ans. C
41. Which of the following deals with the direction of the court to opt for any one mode of alternative dispute resolution in the Code of Civil Procedure?
A. Order 5, Rule 30
B. Order 10, Rule 1A
C. Order 6, Rule 10
D. Order 8, Rule 22
Ans: B
42. Which of the following deals with the endorsements on copies of admitted entries in books, account and records in the Code of Civil Procedure?
B. Order 4, Rule 13
C. Order 6, Rule 10
D. Order 15, Rule 22
Ans: A
43. Suing of partners in name of firm is dealt under which of the following in the Code of Civil Procedure?
A. Order 12, Rule 1
B. Order 10, Rule 9
C. Order 19, Rule 6
D. Order 30, Rule 1
Ans: D
44. Which of the following is true of rules framed by the Supreme Court with reference to appeals to it?
A. They are a special law within s. 4 of the Code of Civil Procedure,
B. They must take precedence over s. 114 or O. 47
C. Both (A) and (B)
D. None of these
Ans: C
45. If there is stipulation for the rate of interest, the court must allow the rate upon the date of the suit, subject to which of the following exceptions?
A. Any provision of the law applicable to money lending transaction, or usury laws or any other debt law governing the parties and having an overriding effect on any stipulation for payment of interest voluntarily entered into between the parties
B. If the rate is penal, the court must award at such rate as it deems reasonable
C. Even if the rate is not penal, the court may reduce it if the interest is excessive and the transaction was substantially unfair
D. All of these
Ans: D
46. Which of the following types of allegation constitute jurisdictional errors?
A. Exercise of jurisdiction not vested in the court below by the law
B. A jurisdiction vested in it by law was failed to be exercised and/or has acted in the exercise of its jurisdiction illegally or with material irregularity
C. Either (A) or (B)
D. None of these
Ans: C
47. Which of the following may sue under s. 92 of the Code of Civil Procedure?
A. Advocate-General, and outside the presidency-towns by the collector or by such an officer as the state government may appoint in that behalf (s. 93)
B. Two or more persons having an interest in the trust and having obtained the leave of the court
C. Either (A) or (B)
D. None of these
Ans: C
48. Admission in pleading can be:
A. Actual, that is, those contained in the pleadings (O. 7, r 5) or in answer to interrogatories (O. 11, r 22)
B. Constructive, that is, those which are merely the consequence of the form of pleading adopted (O. 8, rr. 3, 4, 5)
C. Either (A) or (B)
D. None of these
Ans: C
49. Government Pleader includes:
A. Any officer appointed by the State Government to perform all
B. Any of the functions expressly imposed by this Code on the Government Pleader
C. Any pleader acting under the directions of the Government Pleader
D. All of these
Ans: D
50. The word ‘person’ used in O. 33, r 1 includes:
A. A company
B. An official receiver
C. Both (A) and (B)
D. None of these
Ans: C
51. A sues B for rent due for the year 1902. The defence is that the land is rent-free. An issue is raised, ‘whether the land is rent-free’. The court finds that the land is rent-free, and A’s suit is dismissed. Subsequently, A sues B claiming rent for the year 1904. B again sets up the same defence, namely, that the land is rent-free.
A. Here, the question of A’s right to recover the rent having not been ‘directly and substantially’ in issue in the previous suit, a suit for the rent for 1904 is barred as res judicata
B. Here, the question of A’s right to recover the rent having been ‘directly and substantially’ in issue in the previous suit, a suit for the rent for 1904 cannot be barred as res judicata
C. Here, the question of A’s right to recover the rent having been ‘directly and substantially’ in issue in the previous suit, a suit for the rent for 1904 is barred as res judicata
D. None of these
Ans: C
52. B’s property is attached in exaction of a money-decree obtained by A. While the attachment is pending, B sells the property to C, who pays off a mortgage prior to A’s suit. The property is then sold in execution and is purchased by D.
A. The sale to C is not contrary to the attachment and is not against D. C may have a right of subrogation to the prior mortgagee, but that does not give him a right to possession as the mortgagee was unsufructuary
B. The sale to C is not contrary to the attachment and is not void against D. C may have a right of subrogation to the prior mortgagee, which gives him a right to possession as the mortgagee was unsufructuary
C. The sale to C being contrary to the attachment, is void as against D. C may have a right of subrogation to the prior mortgagee, but that does not give him a right to possession as the mortgagee was not unsufructuary
D. None of these
Ans: C
53. A and B were assaulted by C at an interview in C’s house. A and B jointly sued C for damages for assault. It was held that the assault on A and that on B constituted two distinct causes of action, and the suit was therefore, bad for misjoinder of plaintiffs.
A. They could not join as plaintiffs in one suit on the ground that the causes of action were separate and distinct
B. They could be joined as plaintiffs in one suit on the ground that C assaulted them in his house
C. Either (A) or (B)
D. None of these
Ans: A
54. A filed a suit against B for specific performance of an agreement to convey properties and in pursuance of the decree passed therein obtained possession. Then he filed a suit against B for profits received by him from the lands from the date when he ought to have conveyed the properties to the date of the decree. It was barred because:
A. The suit was not for compensation for breach of contract to convey
B. The suit was not for compensation for breach of contract to convey and should have been included in the suit for specific performance
C. Either (A) or (B)
D. None of these
Ans: B
55. A and B sue C for Rs. 1,000.
A. C can set-off a debt due to him by B alone
B. C cannot set-off a debt due to him by A alone
C. Either (A) or (B)
D. None of these
Ans: B
56. A sues B for an injunction to prevent A from enjoying the honour of standing at a particular place in the temple. B dies pending the suit.
A. The suit abates
B. The suit does not abate
C. Either (A) or (B)
D. None of these
Ans: A
57. In a suit for money a decree is passed by consent whereby the defendant is directed to pay to the plaintiff Rs. 35,000. It is further declared by the decree that the plaintiff should have a first charge on certain immovable property belonging to the defendant. Is the plaintiff entitled to have the property sold in execution of the decree without institution a regular suit for sale on the charge?
A. Yes, because there being no mortgage or charge prior to the decree, the decree cannot be said to have been obtained ‘for the payment of money in satisfaction of a claim arising under the mortgage’ within the meaning of O. 34 r 14
B. No, because there being no mortgage or charge prior to the decree, the decree can be said to have been obtained ‘for the payment of money in satisfaction of a claim arising under the mortgage’ within the meaning of O. 34 r 14
C. The immovable property must have been made security for the payment of the money before the decree was obtained, otherwise the provision of this rule do not apply
D. None of these
Ans: A
58. Which of the following deals with service of summons where defendant resides in another State in the Code of Civil Procedure?
A. Section 18
B. Section 28
C. Section 22
D. Section 25
Ans: B
59. Which of the following deals with arrest and detention in the Code of Civil Procedure?
A. Section 55
B. Section 50
C. Section 59
D. Section 54
Ans: A
60. Which of the following deals with applications of sections 85 and 86 to Rulers of former Indian States in the Code of Civil Procedure?
A. Section 87B
B. Section 88A
C. Section 92B
D. Section 82A
Ans: A
61. Which of the following deals with revision in the Code of Civil Procedure?
A. Section 111
B. Section 115
C. Section 108
D. Section 100
Ans: B
62. Which of the following deals with the application for restitution in the Code of Civil Procedure?
A. Section 150
B. Section 146
C. Section 108
D. Section 144
Ans: D
63. Which of the following deals with the frame of suit in the Code of Civil Procedure?
A. Order 8, Rule 1
B. Order 6, Rule 2
C. Order 3, Rule 3
D. Order 2, Rule 1
Ans: D
64. Which of the following deals with service on defendant in prison in the Code of Civil Procedure?
A. Order 7, Rule 14
B. Order 5, Rule 24
C. Order 6, Rule 10
D. Order 10, Rule 8
Ans: B
65. Which of the following deals with specific denial in the Code of Civil Procedure?
B. Order 4, Rule 13
C. Order 6, Rule 10
D. Order 10, Rule 22
Ans: A
66. Which of the following deals with the appearance before the conciliatory forum or authority in the Code of Civil Procedure?
A. Order 5, Rule 30
B. Order 4, Rule 13
C. Order 10, Rule IB
D. Order 13, Rule 22
Ans: C
67. Which of the following deals with recording of admitted and return of rejected documents in the Code of Civil Procedure?
A. Order 19, Rule 5
B. Order 4, Rule 13
C. Order 13, Rule 7
D. Order 15, Rule 22
Ans: C
68. Minor to sue by next friend is dealt under which of the following in the Code of Civil Procedure?
A. Order 32, Rule 1
B. Order 10, Rule 9
C. Order 19, Rule 6
D. Order 17, Rule 10
Ans: A
69. The object of section 5 of the Code of Civil Procedure is:
A. Its application to all matters on which the special or local court is silent
B. To preserve the summary character of rent litigation under the local laws
C. Either (A) or (B)
D. None of these
Ans: B
70. In the case of United Bank of India v. Rasayan Udhyog the Calcutta High Court held that interest pendente lite and interest for the post decretal period are:
A. Are in the nature of compensation to the plaintiff, for being kept out of the money due to him
B. Are discretionary as indicated by the word ‘may’
C. Both (A) and (B)
D. None of these
Ans: C
(a) Order X, Rule IB of CPC
(b) Order X, Rule 1C of CPC
(c) Order X, Rule 3 of CPC
(d) Order X, Rule 4 of CPC.
72. Where an application for leave to deliver interrogatories has been moved along with the interrogatories proposed to be delivered that application shall be decided as provided under Order XI, Rule 2 of CPC within:
(a) 15 days from the date of submission of application
(b) 10 days from the date of submission of application
(c) 7 days from the date of submission of application
(d) no time prescribed for the purpose.
Ans. (c)
73. List of witness, after settlement of issues, must be filed within:
(a) 15 days
(b) 30 days
(c) 45 days
(d) 60 days.
Ans. (a)
74. Where a witness fails to appear before the court, without any reasonable ground, under Order XVI, Rule 12 of CPC, such a witness can be penalised to the extent of:
(a) Rs.100
(b) Rs.200
(c) Rs.500
(d) Rs.1000.
Ans. (c)
75. If a plaintiff fails to sue for the whole of the claim which he is entitled to make in respect of a cause of action in the first suit, then he is precluded from suing in the suit in respect of portion so omitted, by virtue of:
(a) Order II, Rule 2 of CPC
(b) Order II, Rule 3 of CPC
(c) Order II, Rule 4 of CPC
(d) Order II, Rule 5 of CPC.
Ans. (b)
76. Order II, Rule 2 of CPC does not apply to:
(a) application for execution
(b) writ petitions
(c) both (a) & (b)
(d) neither (a) nor (b).
Ans. (c)
77. Name of a party in a suit can be struck of:
(a) under Order I, Rule 10 of CPC
(b) under Order I, Rule 10A of CPC
(c) under Order I, Rule 8 of CPC
(d) under Order I, Rule 8A of CPC.
Ans. (a)
78. Pleadings must state:
(a) facts
(b) law
(c) evidence
(d) all the above.
Ans. (a)
79. Pleadings must be signed:
(a) by the party
(b) by the pleader
(c) by the party & his pleader
(d) only by the pleader & not by party.
Ans. (c)
80. Which of the following legal pleas need not be pleaded:
(a) estoppel
(b) limitation
(c) res-judicata
(d) none of the above.
Ans. (d)
81. Which of the following must be stated in the pleadings:
(a) facta probantia
(b) facta probanda
(c) both (a) & (b)
(d) neither (a) nor (b).
Ans. (b)
82. Under Order VI, Rule 15 of CPC pleading must be verified by:
(a) all the parties
(b) any one of the parties
(c) all the parties if there are more than one or any one of the parties
(d) only (a) & not (b).
Ans. (c)
83. In suits by or against a corporation, under Order XXIX, Rule 1 of CPC, pleadings must be signed and verified by:
(a) the secretary
(b) any director
(c) other principal officer able to depose
(d) either (a) or (b) or (c).
Ans. (d)
84. Furnishing of further particulars has been provided:
(a) under Order VI, Rule 4 of CPC
(b) under Order VI, Rule 5 of CPC
(c) under Order VI, Rule 6 of CPC
(d) under Order VI, Rule 7 of CPC.
Ans. (b)
85. Under Order VI, Rule 16 of CPC, the pleadings can be ordered to be struck out:
(a) if are unnecessary, scandalous, frivolous or vexatious
(b) if tend to prejudice, embarrass or delay the fair trial
(c) if is an abuse of the process of the court
(d) all the above.
Ans. (d)
86. Pleading means:
(a) plaint only
(b) plaint and written statement
(c) written statement only
(d) plaint, written statement & replication.
Ans. (b)
87. Pleading has been defined:
(a) under Order VI, Rule 1 of CPC
(b) under Order VI, Rule 2 of CPC
(c) under Order VIII, Rule 1 of CPC
(d) under Order VIII, Rule 2 of CPC.
88. ‘Pleading’ can be altered or amended:
(a) under Order VI, Rule 17 of CPC
(b) under Order VI, Rule 16 of CPC
(c) under Order VI, Rule 9 of CPC
(d) under Order VI, Rule 10 of CPC.
Ans. (a)
89. ‘Pleading’ can be amended:
(a) before settlement of issues
(b) before conclusion of plaintiff evidence if plaintiff wants to amend the plaint
(c) written statement
(d) at any stage of the proceedings.
Ans. (d)
90. Which of the following amendments can be allowed under Order VI, Rule 17 of CPC:
(a) amendment for granting relief on the basis of different approaches to the same facts
(b) amendment taking note of subsequent events
(c) amendment for correcting the misdescription of property
(d) all the above.
Ans. (d)
91. The provisions of amended Order VI, Rule 17 of CPC do not apply:
(a) to the pleadings which were filed before the commencement of the Amendment Acts of 1999 and 2002
(b) to the pleadings which have been filed after the commencement of the Amendment Acts of 1999 and 2002
(c) to the pleadings which were filed/completed either before or after the commencement of the Amendment Acts of 1999 and 2002
(d) either (b) or (c).
Ans. (a)
92. Pleading can be amended:
(a) before the trial court
(b) before the first appellate court
(c) before the second appellate court
(d) all the above.
Ans. (d)
93. Amendment in pleading shall be effective:
(a) from the date of the pleading
(b) from the date of the application
(c) from the date of the order
(d) either (b) or (c).
Ans. (a)
94. While considering whether an amendment is to be granted or not:
(a) the court does not go into the merits of the matter and decides whether or not the claim made therein is bona fide or not
(b) the court goes into the merits of the matter and decides
(c) the court may not go into the merits of the matter and decide
(d) the court may not go into the merits of the matter and decide
Ans. (a)
95. On the ground that an amendment may take the suit out of the jurisdiction of that court:
(a) is a ground for refusing that amendment
(b) may be a ground for refusing that amendment
(c) is no ground for refusing that amendment
(d) either (a) or (b).
Ans. (c)
96. For the purpose of Order XIV, Rule 4 of CPC the Court may adjourn the framing of issues to a date not later than:
(a) 7 days
(b) 10 days
(c) 14 days
(d) 30 days.
Ans. (a)
97. Under Order XVI, Rule 1, sub-rule (4) summons may be obtained by the parties within_________ of presenting the list of witnesses:
(a) 5 days
(b) 7 days
(c) 9 days
(d) 10 days.
Ans. (b)
98. Under Order XVI, Rule 2 of CPC, the expenses, of a witness for whom the summons have to be obtained, shall be deposited by the party applying for the summons within:
(a) 5 days of making the application
(b) 7 days of making the application
(c) 21 days of making the application
(d) 10 days of making the application.
Ans. (b)
99. The court instead of examining witnesses in open court direct their statements to be recorded on commission by virtue of:
(a) Rule 19 of Order XVIII of CPC
(b) Rule 4 of Order XVIII of CPC
(c) Rule 2 of Order XVIII of CPC
(d) Rule 3A of Order XVIII of CPC.
Ans. (a)
100. Copy of the judgment shall be made available to the parties, under Order XX, Rule 1(2) of CPC:
(a) after 7 days from the pronouncement of judgment
(b) immediately after the pronouncement of judgment
(c) after 14 days from the pronouncement of judgment
(d) after 21 days from the pronouncement of judgment
Ans. (b)