Questions and answers on the code of civil procedure for UPSC, civil services, IAS, Indian judicial service and other competitive exams!
1. A suit by reversioners against a Hindu widow, for a declaratory decree and for an injunction forbidding alienations of her husband’s property:
A. Is a bar to a subsequent suit by them for a declaration that a gift made by her of the property is operative but cannot affect their reversionary rights
B. Is no bar to a subsequent suit by them for a declaration that a gift made by her of the property is inoperative but can affect their reversionary rights
C. Is no bar to a subsequent suit by them for a declaration that a gift made by her of the property is inoperative and cannot affect their reversionary rights
D. None of these
Ans: C
2. A sues B, his master, for Rs. 800 being arrears of salary. B claims to set-off? 625, being the loss sustained by him by reason of neglect and misconduct on the part of A as his servant.
A. B is entitled to claim the set-off, as his claim arises out of the same relation from which A’s claim arose namely, that of master and servant
B. B is not entitled to claim the set-off, as his claim arises out of the same relation from which A’s claim arose namely, that of master and servant
C. Either (A) or (B)
D. None of these
Ans: A
3. A sues B for damages for personal injury and obtains a decree for Rs. 2,000. B appeals from the decree on the ground that he is not liable. A files cross objections claiming enhanced damages. Pending the appeal B dies.
A. B’s legal representative may carry on the appeal to get rid of the decree
B. A’s cross objections claiming more damages on the original right of suit abate
C. Both (A) and (B)
D. None of these
Ans: C
4. Which of the following deals with subordination of Courts in the Code of Civil Procedure?
A. Section 2
B. Section 6
C. Section 3
D. Section 4
Ans: C
5. Which of the following deals with judgment and decree in the Code of Civil Procedure?
A. Section 30
B. Section 29
C. Section 33
D. Section 25
Ans: C
6. Which of the following deals with the property liable to attachment and sale in execution of decree in the Code of Civil Procedure?
A. Section 43
B. Section 60
C. Section 59
D. Section 54
Ans: B
7. Which of the following deals with public charities in the Code of Civil Procedure?
A. Section 90
B. Section 88
C. Section 92
D. Section 82
Ans: C
8. Which of the following deals with provisions not applicable to High Court in original civil jurisdiction in the Code of Civil Procedure?
A. Section 111
B. Section 103
C. Section 120
D. Section 100
Ans: C
9. Which of the following deals with the right to lodge a caveat in the Code of Civil Procedure?
A. Section 148A
B. Section 144B
C. Section 149C
D. Section 153A
Ans: A
10. Which of the following deals with appearances, etc., may be in person, by recognized agent or by pleader in the Code of Civil Procedure?
A. Order 8, Rule 1
B. Order 2, Rule 2
C. Order 3, Rule 1
D. Order 4, Rule 8
Ans: C
11. Which of the following deals with the substitution of letter for summons in the Code of Civil Procedure?
A. Order 5, Rule 30
B. Order 9, Rule 12
C. Order 6, Rule 10
D. Order 10, Rule 8
Ans: A
12. Which of the following deals with the effect of discontinuance of suit in the Code of Civil Procedure?
A. Order 5, Rule 30
B. Order 8, Rule 6D
C. Order 6, Rule 10
D. Order 10, Rule 22
Ans: B
13. Which of the following deals with the objections to interrogatories by answer in the Code of Civil Procedure?
A. Order 11, Rule 6
B. Order 4, Rule 13
C. Order 6, Rule 10
D. Order 13, Rule 22
Ans: A
14. Which of the following deals with materials from which issues may be framed in the Code of Civil Procedure?
A. Order 12, Rule 5
B. Order 17, Rule 13
C. Order 6, Rule 10
D. Order 14, Rule 3
Ans: D
15. Which of the following deals with agreement to be filed and registered as suit in the Code of Civil Procedure?
A. Order 12, Rule 1
B. Order 36, Rule 3
C. Order 33, Rule 18
D. Order 17, Rule 10
Ans: B
16. Where a special status creates a special right or liability and provides for it determines by a special forum, the jurisdiction of ordinary courts is still not ousted where:
A. The relevant section in the special statute provides that the finality is ‘for the purposes of this Act’ (and not generally or for all other purpose)
B. The statue does not lay down that all questions about the special right etc. shall be determined by the special forum
C. If the remedy provided is not adequate to do all which a civil court can do
D. All of these
Ans: D
17. Which of the following did the High Court of Bombay stated in Jamaithram v. Custodian of Evacuee Property, discussing the rights of a solicitor with respect to his costs?
A. He can obtain an order in Chamber for payment of his costs and execute it against his client as a decree
B. He has got a lien over any property recovered or proceeds of any judgment obtained by his exertion
C. He can obtain a charging order
D. All of these
Ans: D
18. In order that s. 144 of the Code of Civil Procedure, would be applicable, which of the following conditions must be satisfied?
A. The restitution sought must be in respect of the decree or order which had been varied or reversed
B. The party applying for restitution must be entitled to a benefit under a reversing decree or order
C. The relief claimed must be properly consequential on the reversal or variation of the decree or order
D. All of these
Ans: D
19. In law, the term ‘restitution’ is used in which of the following senses?
A. Return or restoration of some specific thing to its rightful owner or status
B. Compensation for benefits derived from a wrong done to another
C. Compensation or reparation for the loss caused to another
D. All of these
Ans: D
20. An administration suit can be maintained by:
I. A creditor of the deceased, when his claim is not paid off, by the legal representatives of the deceased
II. A legatee, whether specific or pecuniary, where the legacy is not paid to him by the legal representatives of the deceased
III. The next-of-kin of the deceased, for their share in the estate of the deceased
IV. An executor or administrator, when there are disputes amongst the legatees or next-of-kin as to the amount of the property left by the deceased and the amount to which the legatees or next-of-kin are entitled
A. I, III, IV
B. II, IV
C. Ill, IV
D. All of these
Ans: D
21. Rules means:
A. Rules and forms contained in the First Schedule
B. Rules made under s. 122 of the Code of Civil Procedure
C. Rules made under s. 125 of the Code of Civil Procedure
D. All of these
Ans: D
22. The words ‘just and convenient’ in O. 40, r 1 means:
A. That the court is to appoint a receiver simply because the court thinks it convenient
B. That the court should appoint a receiver for the protection of rights
C. That the court should appoint a receiver for the prevention of injury according to legal principles
D. Both (B) and (C)
Ans: D
23. Provision relating to execution of decrees is contained in:
(a) Order XXI
(b) Order XXV
(c) Order XXXIII
(d) Order XXXVI.
Ans. (a)
24. Money under a decree can be paid:
(a) in the court
(b) out of the court
(c) either in the court or out of the court
(d) only in the court and not out of the court.
Ans. (c)
25. Application for execution of a decree is to be made:
(a) to the court which passed the decree
(b) to the court of small causes
(c) to the district court
(d) to the High Court.
Ans. (a)
26. An executing court:
(a) can modify the terms of the decree
(b) can vary the term of the decree
(c) can modify and vary the terms of the decree
(d) can neither modify nor vary the terms of the decree.
Ans. (d)
27. A decree for execution:
(a) cannot be transferred to another court
(b) can be transferred to another court
(c) may or may not be transferred
(d) either (a) or (c).
Ans. (b)
28. Transfer of a decree for execution to another court has been dealt with:
(a) under section 37 of CPC
(b) under section 38 of CPC
(c) under section 39 of CPC
(d) under section 40 of CPC.
Ans. (c)
29. A decree can be transferred for execution to another court:
(a) if the judgment debtor actually & voluntarily resides or carries on business, or personally works for gain, within the local limits of that other court
(b) if the judgment debtor does not have sufficient property to satisfy the decree within the local limits of the court, passing the decree and has property within the local limits of that other court
(c) if the decree directs sale or delivery of immovable property situate outside the jurisdiction of the court passing the decree
(d) all the above.
Ans. (d)
30. Law does not require issuance of notice of the application for execution of a decree, to the judgment debtor, where the execution is applied:
(a) within four years of the decree
(b) within two years of the decree
(c) within three years of the decree
(d) within five years of the decree.
Ans. (b)
31. In which of the following cases, notice of the execution application has to be issued to the judgment debtor:
(a) where the execution is applied for beyond two years after the date of the decree
(b) where the execution application is made against the legal representatives of the judgment debtor even it made within two years of the decree
(c) where the execution application has been made by the assignee of the interests of the decree holder even if made within two years of the decree
(d) all the above.
32. Provisions of section 39 of CPC are:
(a) permissive & not mandatory
(b) mandatory & not permissive
(c) mandatory & discretionary
(d) none of the above.
33. Words ‘competent jurisdiction’ under section 39 of CPC refers to:
(a) pecuniary jurisdiction of the transferee court
(b) territorial jurisdiction of the transferee court
(c) pecuniary and territorial jurisdiction of the transferee court
(d) subject matter jurisdiction of the transferee court.
34. Execution of a decree can:
(a) be stayed by the court passing the decree under all the circumstances
(b) be stayed by the court passing the decree before the time allowed for appeal
(c) not be stayed by the court passing the decree under any circumstances
(d) either (a) or (c).
35. 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) & (b)
(d) neither (a) nor (b).
36. In case of a joint decree, the execution must be applied:
(a) by all the decree holders
(b) by more than one decree holders
(c) by one decree holder
(d) either by one or more or all the decree holders.
37. Execution of a decree can be applied for:
(a) against the judgment debtor personally
(b) in case of the judgment debtor being dead, against the legal representatives of the judgment debtor
(c) against the person whom the court directs
(d) both (a) & (b).
38. Which of the following statements are correct:
(a) the executing court must take the decree at it stands
(b) the executing court cannot go into the question whether the decree has been obtained by fraud
(c) the executing court cannot question the legality, correctness or validity of the decree
(d) all the above.
39. An executing court can go behind the decree where:
(a) the decree has been passed without jurisdiction – pecuniary, territorial or subject matter
(b) the decree is a nullity having been passed against a dead person without bringing his legal representatives on the record
(c) where the decree is ambiguous
(d) all the above.
40. Precept is:
(a) a transfer of the decree
(b) an order to another competent court to attach any property of the judgment debtor
(c) an execution of decree
(d) all the above.
41. Attachment of property under a precept shall remain valid for a period of:
(a) 90 days until extended
(b) 60 days until extended
(c) 30 days until extended
(d) till further order.
42. Under section 47 of CPC, all questions arising between the parties to the suit, relating to execution, discharge or satisfaction of the decree have to be decided:
(a) by the executing court
(b) by a separate suit
(c) either (a) or (b)
(d) both (a) & (b).
43. Section 47 of CPC is:
(a) mandatory and bars a suit
(b) mandatory and bars a defence
(c) mandatory and bars a suit as well as a defence
(d) directory.
44. Section 47 of CPC applies:
(a) to the objections raised to the execution by the parties to the suit
(b) to the objections raised to the execution by the third parties
(c) both (a) & (b)
(d) either (a) or (b).
45. Where a judgment debtor dies before the decree has been fully satisfied, the same can be executed against:
(a) any one of the legal representatives of the judgment debtor in its entirety
(b) against all the legal representatives
(c) against any member of the legal representatives as the decree holder wants
(d) against the legal representative, as directed by the court.
Ans. (b)
46. In execution of decree against legal representatives, the liability of the legal representative under section 50 of CPC:
(a) is limited to the extent of the property of the deceased inherited by him
(b) is not limited to the extent of the property inherited but extends to his personal property
(c) extends to his personal property in cases where he has not inherited anything
(d) either (b) or (c).
Ans. (a)
47. Under section 47 of CPC parties to the suit means:
(a) the parties themselves
(b) the representatives of the parties
(c) the auction purchaser in execution of decree
(d) all the above.
Ans. (d)
48. Modes of execution of a decree have been stated in:
(a) section 48 of CPC
(b) section 49 of CPC
(c) section 51 of CPC
(d) section 52 of CPC.
Ans. (c)
49. Omission to give notice, under Order 21, Rule 22 of CPC, of the execution is a defect which renders the execution:
(a) null & void
(b) irregular
(c) voidable
(d) valid.
Ans. (a)
50. Arrest of a person in execution of a decree has been provided:
(a) under section 53 of CPC
(b) under section 54 of CPC
(c) under section 55 of CPC
(d) under section 56 of CPC.
Ans. (c)
51. Who can be arrested in execution of a decree:
(a) a man
(b) a woman
(c) a minor
(d) all the above.
Ans. (a)
52. Section 56 of CPC prohibits, arrest & detention, in execution of a decree, of:
(a) a minor boy
(b) a minor girl
(c) a woman
(d) all the above.
Ans. (c)
53. Imprisonment in execution of a decree can be:
(a) rigorous imprisonment
(b) simple imprisonment
(c) civil imprisonment
(d) either (a) or (b) or (c) as per the discretion of the court.
Ans. (c)
54. Maximum period of detention where the decree is for more than Rs.5,000 is:
(a) six weeks
(b) two months
(c) three months
(d) six months.
Ans. (c)
55. Maximum period of detention in civil imprisonment where the decree is for more than Rs.2,000 but less than Rs.5,000 is:
(a) six weeks
(b) two months
(c) three months
(d) six months.
Ans. (a)
56. No arrest & detention in civil imprisonment can be made if the decree is for payment of:
(a) not exceeding Rs.500
(b) not exceeding Rs.1,000
(c) not exceeding Rs.1,500
(d) not exceeding Rs.2,000.
Ans. (d)
57. Civil imprisonment in execution of a decree can be awarded if the decree is for minimum:
(a) Rs.500
(b) Rs.1,000
(c) Rs.2,000
(d) Rs.5.000.
Ans. (c)
58. Arrest & detention of a person in civil imprisonment in execution of the decree:
(a) absolves him from liability under the decree but can be re-arrested
(b) does not absolve him but the person cannot be re-arrested
(c) does not absolve him and the person can be re-arrested
(d) absolves him from the liability altogether and cannot be re-arrested.
Ans. (b)
59. A person arrested & detained in civil imprisonment in execution of a decree can be released:
(a) on payment of the outstanding amount
(b) on the ground of illness of self
(c) on the ground of illness of a member of his family
(d) only (a) or (b) not (c).
Ans. (d)
60. Property liable to attachment and sale in execution of decree is mentioned:
(a) under section 59 of CPC
(b) under section 60 of CPC
(c) under section 61 of CPC
(d) under section 62 of CPC.
61. Which of the following properties of a judgment debtor are liable to be attached:
(a) personal ornaments of religious usage of a woman
(b) tools of artisan & cattle & seed-grain
(c) books of accounts
(d) shares in a corporation & Government securities.
62. Which of the following properties cannot be attached in execution of a decree:
(a) penricus
(b) promissory notes
(c) house or other building
(d) Hundi.
Ans. (a)
63. A suit for Rs 900 is pending in the small cause court at Ahmedabad. Application is made to transfer it to the court of the second class sub-judge at Ahmedabad whose jurisdiction extends to Rs 5,000, but who is invested with small cause court power up to Rs300.
A. The High Court has power to make the transfer, for the suit is within the pecuniary jurisdiction of the first class sub-judge
B. The High Court has power to make the transfer, for the suit is within the pecuniary jurisdiction of the second class sub-judge
C. either (A) or (B)
D. None of these
Ans. B
64. A in 1896 makes a gift of her property to B who mortgages it to C. C sues for sale on his mortgage and purchases the property himself in 1918. A who is still in possession sues C in August 1918 for a declaration of her title on the ground that the deed of gift was null and void. In the course of the suit, A applies for leave to amend her plaint and to plead an alternative case that even if the deed of gift is valid, C’s title is extinguished by her adverse possession for 12 years. The application is refused and the suit dismissed. A continues in possession and in August 1930, C files a suit to recover possession from A. A again pleads adverse possession.
A. A’s plea is a valid defence, for although she is debarred from pleading that the she had acquired a title by adverse possession in August 1918,
B. A’s plea is a valid defence as it is still open to her to prove that she has acquired title by adverse possession in August 1930
C. both (A) and (B)
D. None of these
Ans. C
65. An executed a mortgage over certain lands including a well in favour of B, alleging that they were his self- acquisition. B filed a suit on his mortgage, obtained a decree and in execution purchased the properties and got into possession of them. Then C, one of the sons of A filed a suit along with his brothers and nephews for a declaration that the properties were joint family portion in which A had only sixth share that B acquired by his purchase only that 116 shares and that he had no right to close the well on the land. That was decreed. Then C and his sons filed a suit to recover the properties in the possession of B on the ground that they were joint family properties.
A. The suit is not barred
B. The suit is barred
C. either (A) or (B)
D. None of these
Ans. B
66. A sues B for damages for wrongful occupation of his land and for injury done to his land. After the issues are framed, A applies to amend the plaint by claiming from B rent for the land on the basis of a subsisting tenancy.
A. The amendment should be allowed, because it will not convert a claim based on trespass into a claim on the basis of a subsisting lease
B. The amendment should not be allowed, because it will convert a claim based on trespass into a claim on the basis of a subsisting lease
C. either (A) or (B)
D. None of these
Ans. B
67. A and B obtain a decree against C and D for Rs 5,000. A’s share of the decree is Rs 2,000. A dies, and on his death his interest in the decree passes to C as his heir.
A. B (as decree-holder) cannot execute the decree against D for more than Rs 3,000
B. C (as transferee of A’s interest in the decree) cannot execute the decree against D for more than Rs 3,000
C. both (A) and (B)
D. None of these
Ans. C
68. A consent decree contains a provision that the decretal amount shall be paid in yearly installments and that in case of default of any one installment the whole amount shall be immediately payable with interest at two per cent mensem from the date of the decree. The judgment-debtor fell into arrears and objected to the provision as to interest as a penalty.
A. A consent decree being essentially a matter of contract, the Court of execution can grant relief under s. 84 of the Indian Contract Act. 1872
B. A consent decree is not essentially a matter of contract, the Court of execution can grant relief under s. 84 of the Indian Contract Act. 1872
C. A consent decree is not essentially a matter of contract, the Court of execution cannot grant relief under s. 84 of the Indian Contract Act. 1872
D. None of these
Ans. A
69. Bar on suit to set aside decree on objection as to place of suing is dealt under which of the following in the Code of Civil Procedure?
A. Section 18B
B. Section 20A
C. Section 21A
D. Section 25A
Ans. C
70. Which of the following deals with execution barred in certain cases in the Code of Civil Procedure?
A. Section 46
B. Section 48
C. Section 45
D. Section 49
Ans. B
71. Which of the following deals with the execution of decree in the Code of Civil Procedure?
A. Section 90
B. Section 88
C. Section 92
D. Section 82
Ans. D
72. Which of the following deals with the procedure in appeals from appellate decrees and orders in the Code of Civil Procedure?
A. Section 108
B. Section 103
C. Section 104
D. Section 100
Ans. A
73. Which of the following deals with language of subordinate Courts in the Code of Civil Procedure?
A. Section 139
B. Section 133
C. Section 132
D. Section 137
Ans. D
74. One person may sue or defend on behalf of all in same interest under which of the following in the Code of Civil Procedure?
A. Order 1, Rule 8
B. Order 5, Rule 2
C. Order 3, Rule 3
D. Order 4, Rule 8
Ans. A
75. Which of the following deals with service on agent by whom defendant carries on business in the Code of Civil Procedure?
A. Order 5, Rule 13
B. Order 9, Rule 12
C. Order 6, Rule 10
D. Order 10, Rule 8
Ans. A
76. Which of the following deals with statement in case of documents not in plaintiff’s possession or power in the Code of Civil Procedure?
A. Order 7, Rule 15
B. Order 4, Rule 13
C. Order 6, Rule 10
D. Order 10, Rule 22
Ans. A
77. Which of the following deals with the procedure in case of non-attendance of one or more of several plaintiffs in the Code of Civil Procedure?
A. Order 5, Rule 30
B. Order 4, Rule 13
C. Order 6, Rule 4
D. Order 9, Rule 10
Ans. D
78. Which of the following deals with the power of Court to record admission in the Code of Civil Procedure?
A. Order 16, Rule 2
B. Order 12, Rule 3A
C. Order 6, Rule 10B
D. Order 13, Rule 22
Ans. B
79. Which of the following deals with deposit by defendant of amount in satisfaction of claim in the Code of Civil Procedure?
A. Order 12, Rule 4
B. Order 24, Rule 1
C. Order 19, Rule 6
D. Order 17, Rule 10
Ans. B
80. The Amendment Act II of 1951 which repealed s. 1(3) of the Code of Civil Procedure substituted which of the following?
I. The tribal areas in the State of Assam
II. Save as hereinafter provided, the Scheduled areas in the State of Madras
III. The State of Jammu and Kashmir
IV. The State of Manipur
A. I, II
B. II, III
C. Ill, IV
D. All of these
Ans. D
81. Under which of the following section of the Code of Civil Procedure an ordering transferring a case is not appealable?
A. Section 22
B. Section 24
C. Section 25
D. None of these
Ans. B
82. The difference of procedure between cl. 36 of the Letters Patent of the High Court of Calcutta, Madras and Bombay and s. 98 of the Code of Civil Procedures is:
A. While the reference on the point of difference is obligatory under cl. 36 it is optional under s. 98
B. While a reference under cl. 36 may be on a question of fact and law, it can be on a question of law only under s. 98
C. either (A) or (B)
D. None of these
Ans. C
83. Under which of the following conditions a judgment- debtor can seek to set aside an execution sale?
I. On the deposit under O. 21, r 89
II. For material irregularity under O. 21, r 90
III. For fraud under O. 21, r 90
IV. For other reasons e.g. that the sale is illegal or nullify for want of notice under O. 21, r 22
A. I, III
B. II, IV
C. III, IV
D. All of these
Ans. D
84. Where a guardian ad litem, representing a minor defendant, files a written statement and the minor attains majority during the pendency of the suit:
A. The minor cannot claim to supersede the earlier statement and file a fresh written statement
B. The minor can seek leave to amend the written statement under O. 6, r 17
C. both (A) and (B)
D. None of these
Ans. C
85. Which of the following are the only constraints of the Appellate Court under O. 41, r 33?
A. The parties before the lower courts should be there before the Appellate Court
B. The question raised must be properly arise out of the judgment of the lower court
C. both (A) and (B)
D. None of these
Ans. C
86. The words ‘record of suit’ contemplate and includes documents:
A. Which have been exhibited as evidence in the case
B. Which have been filed along with the plaint
C. Which have been produced under O. 13
D. All of these
Ans. D
87. A preliminary decree from partition is only a declaration of the rights of the parties and the shares they have in the joint family or coparcenary property. The final decree should specify the division by metes and bounds and it needs to be engrossed on stamp paper. In which of the following cases it was so upheld?
A. Phoolchand v. Gopal Lal
B. Shanker Balwant Lokhande v. Chanderkant Shankar Lokhande
C. Kedar Nath v. Dwarika Nath
D. None of these
Ans. B
88. Ashok holds a decree against Bindu for Rs 5,000. Bindu holds a decree against Ashok for Rs 3,000. Ashok transfers his decree to Chintu.
A. Chintu can execute the decree against Bindu for more than Rs 2,000 but less than 5000
B. Chintu can execute the decree against Bindu for Rs 5000
C. Chintu cannot execute the decree against Bindu for more than Rs 2,000
D. None of these
Ans. C
89. A filed a suit for a declaration that he was entitled to certain lands as heir to X. The suit was dismissed. Then he sued for an injunction alleging that he had been in possession for over the statutory period and had thereby acquired title by adverse possession. This title was available to him even at the time of the previous suit.
A. The later suit cannot be barred by res judicata
B. The later suit is barred by res judicata
C. either (A) or (B)
D. None of these
Ans. B
90. A filed a suit for partition and that ended in a final decree. Then A filed a second suit against the defendant claiming mesne profits in respect of excess lands which had been in his possession for a period prior to the passing of the final decree.
A. The suit is not barred
B. The suit is barred
C. either (A) or (B)
D. None of these
Ans. B
91. A sues B to recover Rs 1,000 alleged to be rent due under a lease executed by B. The court finds that B was in occupation of the premises during the period for which the rent is claimed, but that the alleged lease was not executed by B. At this stage A applies to amend his plaint by alleging that, though the lease was not executed by B, he is entitled to recover the amount for use and occupation of the premises.
A. The amendment will be allowed
B. The amendment will not be allowed
C. either (A) or (B)
D. None of these
Ans. B
92. A holds a decree against B for Rs 1,000. B holds a decree against A for the payment of Rs 1,000 in case A fails to deliver certain goods at a future day.
A. B can treat his decree as a cross-decree under O. 21 r. 18
B. B cannot treat his decree as a cross-decree under 0.21 r. 18
C. either (A) and (B)
D. None of these
Ans. B
93. A owes B Rs 100. B sues A for the amount, having made no demand for payment and having no reason to believe that the delay caused by making a demand would place him at a disadvantage. On the plaint being filed, A pays the money into Court. B accepts it in full satisfaction of his claim.
A. The Court should not allow him any costs
B. The litigation being presumably groundless on his part
C. both (A) and (B)
D. None of these
Ans. C
94. Which of the following deals with power to transfer suits which may be instituted in more than one Court in the Code of Civil Procedure?
A. Section 18
B. Section 20
C. Section 25
D. Section 22
Ans. D
95. Which of the following deals with the transferee of a decree in the Code of Civil Procedure?
A. Section 46
B. Section 50
C. Section 49
D. Section 43
Ans. C
96. Which of the following deals with when aliens may sue in the Code of Civil Procedure?
A. Section 83
B. Section 88
C. Section 92
D. Section 82
Ans. A
97. Which of the following deals with when appeals lie to the Supreme Court in the Code of Civil Procedure?
A. Section 111
B. Section 109
C. Section 108
D. Section 100
Ans. B
98. Which of the following deals with power of High Court to require evidence to be recorded in English in the Code of Civil Procedure?
A. Section 138
B. Section 133
C. Section 132
D. Section 140
Ans. A
99. Which of the following deals with power of Court to permit a person or body of persons to present opinion or to take part in proceedings?
A. Order 1, Rule 8A
B. Order 5, Rule 2B
C. Order 3, Rule 3A
D. Order 4, Rule 6A
Ans. A
100. Which of the following deals with service on agent in charge in suits for immovable property in the Code of Civil Procedure?
A. Order 7, Rule 19
B. Order 5, Rule 14
C. Order 6, Rule 10
D. Order 10, Rule 8
Ans. B
101. Which of the following deals with suits on lost negotiable instruments in the Code of Civil Procedure?
A. Order 5, Rule 30
B. Order 7, Rule 16
C. Order 6, Rule 10
D. Order 10, Rule 22
Ans. B
102. Which of the following deals with the procedure in case of non-attendance of one or more of served defendants in the Code of Civil Procedure?
A. Order 9, Rule 11
B. Order 4, Rule 13
C. Order 6, Rule 10
D. Order 10, Rule 22
Ans. A