Questions and answers on the code of civil procedure especially compiled for UPSC, Civil Services, IAS and Indian Judicial Service Examinations!
1. In a particular case, A executes a unsufructuary mortgage in favour of B to secure a debt of Rs. 8,000 whereby he mortgages a fixed rate holding and his right to receive offerings at a temple. By a subsequent agreement between him and B, A binds himself to pay annually Rs. 700 to B in lieu of the offerings. Subsequently, B sues A on that agreement and obtains a decree against A for the payment of money in satisfaction of a claim arising under the mortgage within the meaning of O. 34 r 14, and B is not entitled to bring the mortgaged property to sale in execution of the decree.
A. B’s right to receive the money rested on A’s position as mortgagee
B. B’s right to receive the money rested on his position as mortgagee
C. Either (A) or (B)
D. None of these
Ans: B
2. Which of the following deals with power to order discovery and the like in the Code of Civil Procedure?
A. Section 18
B. Section 20
C. Section 22
D. Section 30
Ans: D
3. Which of the deals with the subsistence allowance in the Code of Civil Procedure?
A. Section 43
B. Section 50
C. Section 57
D. Section 54
Ans: C
4. Which of the following deals with settlement of disputes outside the Court in the Code of Civil Procedure?
A. Section 90
B. Section 88
C. Section 89
D. Section 82
Ans: C
5. Which of the following deals with application of Code to High Court in the Code of Civil Procedure?
A. Section 111
B. Section 103
C. Section 108
D. Section 117
Ans: D
6. Which of the following deals with proceedings by or against representatives in the Code of Civil Procedure?
A. Section 145
B. Section 146
C. Section 148
D. Section 153
Ans: B
7. Only certain claims to be joined for recovery of immovable property under which of the following in the Code of Civil Procedure?
A. Order 1, Rule 9
B. Order 7, Rule 2
C. Order 2, Rule 4
D. Order 4, Rule 8
Ans: C
8. Which of the following deals with service on civil public officer or on servant of Railway Company or local authority in the Code of Civil Procedure?
A. Order 7, Rule 14
B. Order 5, Rule 27
C. Order 6, Rule 10
D. Order 10, Rule 8
Ans: B
9. Which of the following deals with counter claim by defendant in the Code of Civil Procedure?
A. Order 5, Rule 30
B. Order 4, Rule 13
C. Order 8, Rule 6A
D. Order 10, Rule 22
Ans: C
10. Which of the following deals with the oral examination of party or companion of party in the Code of Civil Procedure?
A. Order 10, Rule 2
B. Order 4, Rule 13
C. Order 6, Rule 10
D. Order 3, Rule 22
Ans: A
11. Court may send for papers from its own records or from other Courts under which of the following in the Code of Civil Procedure?
A. Order 14, Rule 5
B. Order 13, Rule 10
C. Order 6, Rule 10
D. Order 15, Rule 22
Ans: B
12. Which of the following deals with the presentation of application in the Code of Civil Procedure?
A. Order 31, Rule 5
B. Order 33, Rule 3
C. Order 30, Rule 8
D. Order 17, Rule 10
Ans: B
13. Religious classes can be divided into:
A. Those to which fees are appurtenant as of right; such as the office of the kazi of Bombay, or of the joshi of a village, or the updhayaya of a caste
B. To which no fees are attached, but which entitle the holder thereof to receive such gratuities as may be paid to him; such as the office of the pujari or of an officiating priest in temple or of the ay a of a math
C. Both (A) and (B)
D. None of these
Ans: C
14. Where there is a misconceived review application and both parties are at fault then:
A. The applicant for review cannot be burdened with exemplary costs
B. He can be ordered to pay nominal cost
C. Both (A) and (B)
D. None of these
Ans: C
15. Which of the following does the word ‘civil court’ excludes?
I. A tribunal appointed under Displaced Persons (Debts Adjustment) Act, 1951
II. An authority constituted under s. 15 of the Payment of Wages Act, 1936
III. An arbitrator appointed under s. 19(2) of the Defence of India Act, 1939
IV. An arbitrator appointed under s. 11(6) of the Arbitration and Conciliation Act, 1996
V. A Rent Controller or an appellate authority under the East Punjab Urban Rent Restriction Act, 1996
VI. A claims tribunal appointed under the Motor Vehicles Act, 1939 and the Rules there under made
VII. The District Judge having jurisdiction to hear the election petition under r 80 of the Rajasthan Panchayat Raj (Election) Rules, 1994
A. II, III
B. I, IV
C. I, V, VII
D. All of these
Ans: D
16. Sub-section (3) of s. 98 of the Code of Civil Procedure was inserted by:
A. Repealing and Amendment Act, 1921
B. Repealing and Amendment Act, 1925
C. Repealing and Amendment Act, 1928
D. None of these
Ans: C
17. An application under Order IX, Rule 13 of CPC can be made within:
(a) 30 days of the decree
(b) 60 days of the decree
(c) 90 days of the decree
(d) 6 months of the decree.
18. After being proceeded against ex-parte, the defendant is:
(a) precluded absolutely from participating in any proceeding in the suit
(b) at liberty to join the proceedings at the stage where the proceedings are pending
(c) at liberty to join the proceedings and do all the things which it could have done, had he not been proceeded against ex-parte, without getting the ex-parte order set aside
(d) either (a) or (c).
19. Discovery by interrogatories & inspection has been provided:
(a) under Order X of CPC
(b) under Order XI of CPC
(c) under Order XV of CPC
(d) under Order XVI of CPC.
20. Interrogatories shall be answered as provided under Order XI, Rule 8 of CPC:
(a) on a simple application
(b) on an affidavit
(c) by filing the documents
(d) all the above.
21. Affidavit in answer to interrogatories shall be filed:
(a) within 7 days of the order
(b) within 10 days of the order
(c) within 14 days of the order
(d) within 15 days of the order.
22. Interrogatories can be set aside or struck off, on an application under Order XI, Rule 7 of CPC, made within:
(a) 7 days of service of interrogatories
(b) 10 days of service of interrogatories
(c) 14 days of service of interrogatories
(d) 15 days of service of interrogatories.
23. Objections to interrogatories under Order XI, Rule 6 of CPC can be made if it is:
(a) scandalous
(b) irrelevant
(c) not bona fide
(d) all the above.
24. Grounds for setting aside interrogatories contained in Order XI, Rule 7 of CPC are:
(a) prolix
(b) oppressive
(c) unnecessary
(d) all the above.
25. Order XI, Rule 21 of CPC provides for penalty on account of:
(a) failure to comply with an order to answer interrogatories
(b) failure to comply with an order for discovery and inspection of documents
(c) both (a) and (b)
(d) neither (a) nor (b).
26. Under Order XI, Rule 21, for the non-compliance with an order for discovery etc.:
(a) suit is liable to be dismissed if the plaintiff fails to comply with the order
(b) suit is liable to be stayed till the plaintiff complies with the order
(c) suit is liable to be adjourned sine-die
(d) either (a) or (b) or (c).
27. Under Order XI, Rule 21, for the non-compliance with an order of discovery by the defendant:
(a) the suit of the plaintiff is liable to be decreed.
(b) the defence of the defendant is liable to be struck-off
(c) the defendant is liable to be proceeded against ex-parte
(d) either (a) or (b) or (c).
28. The power of dismissal of a suit or striking out of defence under Order XI, Rule 21 of CPC should be exercised:
(a) only where there is obstinacy or contumacy or wilful attempt to disregard the order of the court
(b) where there is no obstinacy or contumacy and there is no wilful attempt to disregard the order of the court
(c) generally without going into the question of obstinacy or contumacy or wilful disregard
(d) as per the discretion of the Court.
29. Where a party fails to produce certain documents in original under Order XI, Rule 14 of CPC, the Court would be entitled to:
(a) dismiss the suit if failure is on the part of the plaintiff
(b) strike out the defence of the defendant if such failure is on the part of the defendant
(c) raise an adverse presumption against the party guilty of non-production of documents
(d) either (a) or (b).
30. On dismissal of the suit for non-compliance with an order for discovery under Order XI, Rule 21 of CPC:
(a) the plaintiff can bring a fresh suit on the same cause of action as a matter of right
(b) the plaintiff can bring a fresh suit on the same cause of action only with the leave of the court
(c) the plaintiff can bring a fresh suit on the same cause of action only if the court dismissing the suit has granted liberty to file a fresh suit
(d) the plaintiff is precluded from bringing any fresh suit on the same cause of action.
31. Judgment on admission can be given:
(a) under Order XII, Rule 8 of CPC
(b) under Order XII, Rule 6 of CPC
(c) under Order XII, Rule 4 of CPC
(d) under Order XII, Rule 2 of CPC.
32. For the purposes of Order XII, Rule 6 of CPC admissions of fact:
(a) must be in pleading
(b) may be otherwise
(c) may be either in pleadings or otherwise
(d) only in pleading and not otherwise.
33. Order XII, Rule 6, permits the court to pass judgment on the basis of statement made by the parties:
(a) in the pleadings
(b) in any document
(c) in the statement recorded in the court
(d) either (a) or (b) or (c).
34. A party filing affidavit in reply to interrogatories:
(a) can be cross-examined upon it
(b) the other party can adduce evidence to contradict it
(c) can neither cross-examine nor adduce any evidence to contradict it, as it is a conclusive proof
(d) can be cross-examined and adduce evidence to contradict it as it is a not proved fact.
35. Under Order XIII, Rule 1 of CPC, all the documentary evidence in original by the parties, must be filed:
(a) at or before the settlement of issues
(b) after the settlement of issues
(c) at the time of evidence
(d) at any time.
Ans. (a)
36. Any documentary evidence, in possession of the party not filed under Order XIII, Rule 1 of CPC, the party is:
(a) excluded from filing the same at a subsequent stage of the proceeding
(b) not excluded from filing the same at a subsequent stage of proceedings, but can file the same only with the leave of the court
(c) not excluded from filing the same at a subsequent stage of proceedings without any leave of the court
(d) either (a) or (c).
Ans. (b)
37. Which of the following deals with commissions issued by foreign Courts in the Code of Civil Procedure?
A. Section 63
B. Section 72
C. Section 59
D. Section 78
Ans. D
38. Which of the following deals with orders from which appeal lies in the Code of Civil Procedure?
A. Section 104
B. Section 103
C. Section 108
D. Section 100
Ans. A
39. Which of the following deals with arrest other than in execution of decree in the Code of Civil Procedure?
A. Section 139
B. Section 133
C. Section 132
D. Section 134
Ans. D
40. Which of the following deals with power to order separate trials where joinder of defendants may embarrass or delay trial in the Code of Civil Procedure?
A. Order 2, Rule 7A
B. Order 6, Rule 5A
C. Order 3, Rule 4B
D. Order 1, Rule 3A
Ans. D
41. On issue of summons for final disposal, defendant to be directed to produce his witnesses under which of the following in the Code of Civil Procedure?
A. Order 7, Rule 3
B. Order 2, Rule 2
C. Order 5, Rule 8
D. Order 4, Rule 12
Ans. C
42. Which of the following deals with power of Court to fix a date of appearance in the Court where plaint is to be filed after its return in the Code of Civil Procedure?
A. Order 5, Rule 30C
B. Order 9, Rule 12
C. Order 7, Rule 10A
D. Order 10, Rule 22
Ans. C
43. Which of the following deals with the procedure when only plaintiff appears in the Code of Civil Procedure?
A. Order 5, Rule 30
B. Order 4, Rule 13
C. Order 6, Rule 10
D. Order 9, Rule 6
Ans. D
44. Which of the following deals with the notice of admission of case in the Code of Civil Procedure?
A. Order 16, Rule 2
B. Order 12, Rule 1
C. Order 1, Rule 10
D. Order 13, Rule 22
Ans. B
45. Which of the following deals with payment out of court to decree holder in the Code of Civil Procedure?
A. Order 12, Rule 5
B. Order 14, Rule 20
C. Order 21, Rule 2
D. Order 11, Rule 7
Ans. C
46. Use of forms in appendices comes under:
A. Order 48, Rule 3
B. Order 31, Rule 9
C. Order 22, Rule 18
D. Order 16, Rule 10
Ans. A
47. The last Para of section 16 of the Code of Civil Procedure provides that suits to obtain relief respecting compensation for wrong to immovable property, may be instituted at the plaintiff’s option either in the court within the local limits of whose jurisdiction the defendant actually and voluntarily resides, or carries on business, or personally works for gain, provided:
A. The property is held by or on behalf of the defendants
B. The relief sought can be entirely obtained through the personal obedience of the defendant
C. The property is situate in, and not beyond, India
D. All of these
Ans. D
48. Which of the following conditions must be satisfied to invoke the provisions of s. 92 of the Code of Civil Procedure?
A. It should be with regard to a public trust to obtain a decree for the purposes mentioned in the said provision
B. Suit should be on behalf of the Advocate-General or two or more persons having an interest in the trust
C. Leave of the court has to be obtained for instituting the suit
D. All of these
Ans. D
49. The bill of lading is signed by which of the following?
A. Consignor
B. Consignee
C. Captain
D. All of these
Ans. D
50. The leave to amend should be refused:
I. Where the amendment is not necessary for the purpose of determining the real questions in controversy between the parties
II. When the plaintiff’s suit would be wholly displaced by the proposed amendment
III. Where the effect of the amendment would be to take away from the defendant a legal right which has accrued to him by lapse of time
IV. Where the demand would introduce a totally different, new and inconsistent case, and the application is made at a late stage of the proceeding
A. I, II, IV
B. III, IV
C. II, IV
D. All of these
Ans. D
51. Which one of the following considerations should weigh according to the High Court while deciding the issue of prima facie case and balance of inconvenience?
A. Is the collection of revenue intended to run the administrative machinery of the taxing authority or has it some other socio-economic purpose?
B. Who bears the burden of tax? Does the person who moved the court, bears the burden of tax, or is it to be borne by the numerous unidentifiable consumers in society?
C. Is one who has moved the Court is not going to suffer the burden of loss, can he claim that he may be permitted to collect the tax from the people (society) but that the society (taxing authority) should be restrained from collecting the amount of tax from him?
D. All of these
Ans. D
52. The words ‘daily newspaper’ appearing in O. 5, r 20 (1 A) should be understood to mean:
A. Only a newspaper which is on all the days of a week
B. It should be a newspaper of repute which is published as a morning edition with general acceptance to the satisfaction of the Court
C. Either (A) or (B)
D. None of these
Ans. B
53. No injunction can be issued restraining a person or authority from lodging first information report. Proviso (a) to O. 39, r 2, introduced by UP amendment clearly lays that no injunction can be issued where no perpetual injunction could be granted in view of the provisions of s. 38 and s. 41 of Specific Relief Act, 1963. In which of the following cases it was so upheld?
A. Shilpa S. Shetty v. Magna Publications Co. Ltd
B. Sangram Singh v. State of UP
C. M. S. V Raja v. Seeni Thevar
D. None of these
Ans. B
54. A, residing in Delhi beats B in Calcutta.
A. B may sue A in Calcutta
B. B may sue A in Delhi
C. Either (A) or (B)
D. None of these
Ans. C
55. A mortgagee, who holds the mortgaged property also as lessee from the mortgagor, sues the mortgagor to recover Rs 3,000 being the amount of the mortgagee-debt. At the date of the suit the mortgagee owes Rs 4,000 to the mortgagor for rent under the lease, and this sum the mortgagor claims to set-off against the mortgage-debt under an express agreement in that behalf. The agreement is not proved, and a decree is passed against by mortgagee with the leave of the court. The mortgagor then sues the mortgagee to have sale set aside, and for a declaration that the mortgage-debt is extinguished, now claiming that a general account may be taken as between him and the mortgagee, and that in taking such account the rent due to him may be set-off against the mortgage-debt.
A. The suit is barred, for the mortgagor ‘might and ought’ not to have set up that claim in the alternative in the former suit
B. The suit is not barred, for the mortgagor ‘might and ought’ to have set up that claim in the alternative in the former suit
C. The suit is barred, for the mortgagor ‘might and ought’ to have set up that claim in the alternative in the former suit
D. None of these
Ans. C
56. A suit by a reversioner against X to recover two out of three properties alienated to him by Hindu widow having a limited interest:
A. is a bar to a subsequent suit against him to recover the third
B. is not a bar as it includes two different properties which should serve as a concreted case for the recovery of the third
C. Either (A) or (B)
D. None of these
Ans. A
57. A agrees to sell his property to B. He then enters into a contract to sell it to C. B sues A for a permanent injection restarting A from selling the property to C. The suit is dismissed on the ground that such a suit did not lay.
A. A subsequent suit by B and A for specific performance of the agreement is barred
B. A subsequent suit by B and A for specific performance of the agreement is not barred
C. Either (A) or (B)
D. None of these
Ans. B
58. A, who holds a decree against B for Rs 5,000, transfers his interest in the decree to the extent of Rs 2500 to X. Here X is in the position of a joint decree-holder (r 15 above). The application for execution may be made by X, or it may be made by A, the decree holder, or by A and X together.
A. The application must be for execution of the whole decree
B. The application must be for the execution of the portion transferred
C. Both (A) and (B)
D. None of these
Ans. C
59. A sues B and obtains a decree against him. A then applies for execution of his decree against B. B dies during the pendency of the execution proceedings.
A. The application cannot abate under r 4. A may apply at any time while the proceeding is pending under s 50 and O 22, r 12 to discontinue the execution proceeding
B. The application can abate under r 4. A may apply at any time while the proceeding is pending under s 50 and O 22, r 12 to continue the execution proceeding
C. The application cannot abate under r 4. A may apply at any time while the proceeding is pending under s 50 and O 22, r 12 to continue the execution proceeding
D. None of these
Ans. C
60. Which of the following deals with suits for compensation for wrongs to person or movables in the Code of Civil Procedure?
A. Section 19
B. Section 20
C. Section 22
D. Section 25
Ans. A
61. Which of the following deals with the execution of decrees outside India in the Code of Civil Procedure?
A. Section 46
B. Section 50
C. Section 45
D. Section 49
Ans. C
62. Which of the following deals with suits by or against Government in the Code of Civil Procedure?
A. Section 79
B. Section 72
C. Section 59
D. Section 78
Ans. A
63. Which of the following other orders in the Code of Civil Procedure?
A. Section 111
B. Section 105
C. Section 108
D. Section 100
Ans. B
64. Which of the following deals with exemption from arrest under civil process in the Code of Civil Procedure?
A. Section 135
B. Section 133
C. Section 132
D. Section 140
Ans. A
65. Court may give judgment for or against one or more of joint parties under which of the following in the Code of Civil Procedure?
A. Order 1, Rule 4
B. Order 4, Rule 6
C. Order 3, Rule 2
D. Order 6, Rule 8
Ans. A
66. Which of the following deals with the delivery of summons by Court in the Code of Civil Procedure?
A. Order 7, Rule 3
B. Order 2, Rule 2
C. Order 6, Rule 10
D. Order 5, Rule 9
Ans. D
67. Which of the following deals with power of appellate Court to transfer suit to the proper court in the Code of Civil Procedure?
A. Order 5, Rule 30D
B. Order 9, Rule 12
C. Order 6, Rule 10C
D. Order 7, Rule 10B
Ans. D
68. Which of the following deals with the procedure where defendant appears on day of adjourned hearing and assigns good cause for previous non-appearance in the Code of Civil Procedure?
A. Order 9, Rule 7
B. Order 4, Rule 13
C. Order 6, Rule 10
D. Order 10, Rule 22
Ans. A
69. Which of the following deals with the notice to admit documents in the Code of Civil Procedure?
A. Order 16, Rule 2
B. Order 4, Rule 13
C. Order 12, Rule 2
D. Order 13, Rule 22
Ans. C
70. Which of the following procedure in case of death of one of several defendants or sole defendant in the Code of Civil Procedure?
A. Order 12, Rule 1
B. Order 10, Rule 9
C. Order 19, Rule 6
D. Order 22, Rule 4
Ans. D
71. Which of the following deals with saving in respect of Chartered High Courts in the Code of Civil Procedure?
A. Order 25, Rule 5
B. Order 31, Rule 9
C. Order 49, Rule 2
D. Order 16, Rule 10
Ans. C
72. Which of the following purpose does lading serves?
A. It is the receipt, for the goods shipped, containing the terms on which they have been received
B. It is the evidence of the contract for carriage of goods
C. It is a document of title for the goods specified therein
D. All of these
Ans. D
73. Where the plaintiff sues under s. 92 of the Code of Civil Procedure for framing a scheme in respect of a choultry, which of the following types of interest is not enough?
A. That the plaintiff is residing in the place where the choultry is situated
B. That the plaintiff might have belonged to the family entitled to hereditary trusteeship
C. Either (A) or (B)
D. None of these
Ans. C
74. Into of the following categories jurisdiction of a court may be classified?
A. Territorial or local jurisdiction
B. Pecuniary jurisdiction
C. Jurisdiction over the subject matter
D. All of these
Ans. D
75. Name of a party should not be allowed to be added by amending the plaint, where:
A. The suit is already barred by the limitation as against the party so proposed to be added
B. The omission to join him originally is not due to bona fide mistake
C. Either (A) or (B)
D. None of these
Ans. C
76. O.41, r 3 A has been inserted to provide for a procedure so that:
A. The question of condonation of delay of a time-barred appeal is decided, once and for all, at the initial stage
B. An appeal may not drag on for considerable time, only to be dismissed at the end on the ground of limitation
C. Both (A) and (B)
D. None of these
Ans. C
77. The word ‘appearance’ used in O. 9, r 9 means:
A. To appear in person
B. To appear through pleader prepared to conduct the case
C. Either (A) or (B)
D. None of these
Ans. C
78. The scheme of ss. 2(1), 121-22, 126 and 127 makes it clear that the alterations by the High Court in the rules become part of the Code of Civil Procedure. In which of the following cases it was so upheld?
A. Jayanti R. Padukone v. ICDS Ltd
B. State of Jammu and Kashmir v. Karan Singh
C. State of UP v. Chandra Bhusan Misra
D. None of these
Ans. C
79. Anand is a tradesman in Calcutta. Bindu carries on business in Delhi. Bindu, by her agent in Calcutta, buys goods of Anand and request Anand to deliver them to the East Indian Railway Company. Anand delivers the goods accordingly in Calcutta.
A. A may sue B for the price of the goods in Calcutta, where the cause of action has arisen
B. A may sue B for the price of the goods in Delhi where B carries on business
C. Either (A) or (B)
D. None of these
Ans. C
80. In execution of a money-decree obtained by A against B, certain immovable property belonging to B is sold and purchased by P1. The same property is subsequently purchased by P2 at a sale obtains a certificate of sale first, and is placed in possession of the property. Subsequently P1 obtains a certificate of sale, and sites P2 for possession.
A. Under s. 65, P1 is not entitled to possession, for the property is to be deemed to have, vested in him from the date of sale, and the sale to him was prior to the sale to P2
B. Under the s. 65, P1 is entitled to possession, for the property is to be deemed to have, vested in him from the date of sale, and the sale to him was after the sale to P2
C. Under s. 65, P1 is entitled to possession, for the property is to be deemed to have, vested in him from the date of sale, and the sale to him was prior to the sale to P2
D. None of these
Ans. C
81. In a suit instituted by A, B and C jointly for an injunction against D, E and F, it is alleged that all three defendants, as officers of several associations of workman, conspired to prevent all persons, not belonging to the associations, from obtaining employment in place of the members of the associations. To constitute the overt acts alleged to have been committed in furtherance of the conspiracy, it is averred that D, E and F caused A, B and C to be molested, that E used threatening language to A, and that F assaulted C. It is proved that D was not a party to the conspiracy. A, B and C may join in the suit, notwithstanding that an injunction is granted against E and F only because:
A. The claim has arisen out of the same series of transactions
B. It involves the common question of fact and law whether the overt acts were committed in furtherance of the conspiracy
C. Both (A) and (B)
D. None of these
Ans. C
82. A alleging that B hired cargo boats from him, and that a balance of Rs 3,000 is due to him on that account, sues B for the amount. It is proved at the hearing that B did not himself hire the by calming an account from B on the footing that B was A’s agent.
A. The amendment should not be allowed because of the legal relation between A and B is that of letter and hirer
B. The amendment should not be allowed because in the one case the legal relation between A and B is that of principal and agent
C. Both (A) or (B)
D. None of these
Ans. C
83. A sues B to recover Rs 5000. During the pendency of the suit, A agrees with C to transfer to him any decree that may be passed in his favour in the suit. A decree is subsequently passed for A.
A. C is not a transferee within the meaning of this rule
B. C is not entitled to execute the decree against B
C. Both (A) and (B)
D. None of these
Ans. C
84. A sues B and obtains a decree against him. A applies for execution of his decree against B, but dies during the pendency of the execution proceedings. Rule 3 provides that the application does not abate.
A. But it does not prevent A’s legal representative from being made a party
B. No order for substitution is necessary
C. The legal representative may apply and be brought on record to carry on the proceedings
D. All of these
Ans. D
85. Other suits to be instituted where defendants reside or cause of action arises dealt under which of the following in the Code of Civil Procedure?
A. Section 18
B. Section 20
C. Section 22
D. Section 25
Ans. B
86. Which of the following deals with precepts in the Code of Civil Procedure?
A. Section 48
B. Section 50
C. Section 45
D. Section 46
Ans. D
87. Which of the following deals with notice in the Code of Civil Procedure?
A. Section 63
B. Section 80
C. Section 59
D. Section 78
Ans. B
88. Which of the following deals with what Courts to hear appeals in the Code of Civil Procedure?
A. Section 111
B. Section 103
C. Section 106
D. Section 100
Ans. C
89. Parties to the suit can compromise in a suit:
(a) under Order XXIII, Rule 3A of CPC
(b) under Order XXIII, Rule 3 of CPC
(c) under Order XXIII, Rule 1 of CPC
(d) under Order XXIII, Rule 4 of CPC.
Ans. (b)
90. Compromise under Order XXIII, Rule 3 of CPC:
(a) must be in writing and signed by the parties
(b) must be in writing but need not be signed by the parties
(c) must be in writing but need not be lawful
(d) need not be in writing but must be lawful.
Ans. (a)
91. Under Order XXIII, Rule 3, CPC, the subject matter of the compromise:
(a) shall be the subject matter of the suit
(b) can embrace part of the subject matter of the suit and part outside it
(c) can embrace the subject matter outside the suit
(d) both (b) & (c).
Ans. (d)
92. Under Order XXIII, Rule 3 of CPC, on the basis of a compromise:
(a) a decree has to be drawn only in respect of the subject matter that relates to the suit
(b) a decree has to be drawn for the entire compromise so long as it embraces part of the subject matter of the suit and part outside it
(c) a decree has to be drawn where the compromise does not embrace the subject matter of the suit at all
(d) no decree need to be drawn in cases of compromise of the suit.
Ans. (a)
93. Under Order XXIII, Rule 3A of CPC, a suit to set aside a compromise decree:
(a) shall lie on the ground that compromise is not lawful
(b) shall not lie on the ground that the compromise is not lawful
(c) shall not lie on any ground
(d) both (b) & (c)
Ans. (b)
94. In a representative suit, an agreement or compromise can be entered into Order XXIII, Rule 3B of CPC:
(a) as a general rule
(b) without the leave of the court
(c) only with the leave of the court
(d) both (a) & (b).
Ans. (c)
95. An agreement or compromise entered into, in a representative suit, without the leave of the court shall be:
(a) void
(b) voidable
(c) valid
(d) either valid or voidable.
Ans. (a)
96. Purposes for which the court can issue a commission have been enumerated in:
(a) section 73 of CPC
(b) section 74 of CPC
(c) section 75 of CPC
(d) section 76 of CPC.
Ans. (c)
97. For issuance of commission, section 75 is:
(a) exhaustive
(b) prohibitory
(c) illustrative
(d) none of the above.
Ans. (c)
98. Which of the following deals with the notice to admit facts in the Code of Civil Procedure?
A. Order 16, Rule 2
B. Order 4, Rule 13
C. Order 12, Rule 4
D. Order 13, Rule 22
Ans. C
99. Which of the following deals with the effect of failure to furnish security in the Code of Civil Procedure?
A. Order 12, Rule 1
B. Order 10, Rule 9
C. Order 25, Rule 2
D. Order 17, Rule 10
Ans. C
100. Which of the following are the essential elements of the definition ‘decree’?
A. There should be an adjudication
B. The adjudication should determine the rights of the parties regarding the matter in controversy
C. The adjudication should be in a suit and the adjudication should be formal and conclusive so far as that Court is concerned
D. All of these
Ans. D
101. What changes affected by the amendment of section 25 of the Code of Civil Procedure?
A. The power of transfer is conferred on the Supreme Court
B. The Supreme Court can now transfer a suit, appeal or other proceedings not only before a single judge but also before a division bench of a High Court or other civil court in any other state
C. both (A) and (B)
D. None of these
Ans. C
102. No decree shall be reversed or substantially varied, nor shall any case be remanded in appeal, on account of:
I. Misjoinder of plaintiffs (O. 1, r 1)
II. Misjoinder of defendants (O 1, r 3)
III. Misjoinder of plaintiffs and causes of action (O 2, r 3)
IV. Misjoinder of defendants and causes of action
V. Misjoinder of causes and action
A. II, III
B. I, IV
C. I, V
D. All of these
Ans. D
103. Sub-section (4) of the s. 55 of the Code of Civil Procedure provides that if the judgment-debtor fails to apply or to appear:
A. The court may direct the security to be realised
B. The court may commit the judgment-debtor to prison
C. either (A) or (B)
D. None of these
Ans. C
104. Which of the following courses is open according the Rajasthan High Court where the defendant fails to file a written statement in breach of the mandatory obligation imposed by O. 8, r10 (as amended in 1976)?
A. The court may proceed to pronounce judgment
B. The court may make such order in relation to the suit as it may think fit
C. either (A) or (B)
D. None of these
Ans. C
105. In exceptional cases where is a chance of injustice to a litigant notwithstanding the procedure under O. 47, r 5 the review application can be placed before a judge or a bench of more than one judge as constituted by the Chief Justice, but it would be in conformity with the procedure and judicial discipline that:
A. O. 47, r 5 although ipso facto has no application in relation to writ proceeding or a proceeding on the original side of this court as well as in proceedings that arises on the appellate side, the procedure in principle in O. 47, r 5 should be followed
B. In case where merely one of the learned judges attached to the bench is available, he may issue rule that the matter on merit must be heard by a division bench of two judges or such number of judges as the Chief Justice may constitute
C. It would appear proper, even though the Chief Justice may have unfettered jurisdiction in the matter if constitution of benches including for a review application that the judge who is attached to the court and was a party to the judgment under the review is associated with the bench of two or such number of judges as the Chief Justice may constitute
D. All of these
Ans. D
106. The expression ‘at or before the first hearing’ used in O. 15, r 4 means:
A. The first hearing of the suit
B. The first hearing of the appeal
C. either (A) or (B)
D. None of these
Ans. A
107. Judgment of High Court is binding in all proceedings in the same case; more so, upon a judgment unsuccessfully before the Supreme Court. In which of the following cases it was so upheld?
A. Victoria v. K. V Naik
B. A. R Antulay v. R. S Nayak and another
C. Kewal Singh v. Lajwanti
D. None of these
Ans. B
108. A obtains a decree against B for Rs 5,000. B then sues A to recover Rs 2,000. Pending B’s suit, C obtains a transfer of A’s decree with notice against B of the whole decree for Rs 5,000.
A. He is entitled to execute the decree for more than Rs 3,000 as the transfer was taken with notice of B’s suit
B. He is entitled to execute the decree for Rs 5,000 as the transfer was taken with notice of B’s suit
C. He is not entitled to execute the decree for more than Rs 3,000 as the transfer was taken with notice of B’s suit
D. None of these
Ans. C
109. In April 1921, a consent order was made referring to arbitration, three suits relating to syndicates of two, six, and 10 firms each. In a chamber summons for extension of time for making the award, some of the defendants objected that the syndicate of 10 was an illegal association as it was not registered under s 4 of the Companies Act, 1956, although it was composed of more than 20 persons.
These defendants, therefore, objected that the reference was invalid; but, in August 1927, a consent order was made superseding the reference of April 1921 and referring to arbitration the same three suits along with two other suits also. In this consent order, all the parties agreed that the issue as to the legality of the syndicate should be treated as res judicata, nevertheless, a suit was filed by one of the parties to declare the reference to arbitration as invalid on the ground that the syndicate was illegal.
A. The suit was barred by res judicata as the question was not raised when the consent order of April 1921 was taken and that on this point
B. The order was not superseded but given effect to by the order of August 1927
C. The number of persons composing a syndicate is a mixed question of law and fact which could be the subject of a valid compromise
D. All of these
Ans. D
110. A lessee in possession disclaimed the title of the landlord, with the result that the lease was forfeited. Then the landlord filed a suit for arrears of premium and obtained a decree. Then he filed a suit to eject the lessee.
A. The suit is not barred
B. The suit is barred
C. either (A) or (B)
D. None of these
Ans. B
111. A suit for possession will not be allowed to be converted into a suit for redemption because-
A. The plaintiff sues as owner of the land
B. The plaintiff sues as mortgagor
C. both (A) and (B)
D. None of these
Ans. C
112. A and B, co-plaintiffs, obtain a decree for Rs 1,000 against C, and C obtains a decree for Rs 1,000 against B.
A. C can treat his decree as a cross-decree under O. 21 r 18
B. C cannot treat his decree as a cross-decree under r 18
C. either (A) or (B)
D. None of these
Ans. B
113. 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 disputes the claim. Afterwards A pays the money into Court. B accepts it in full satisfaction of his claim.
A. The court should also give B his costs of suit
B. A’s conduct shows that the litigation was necessary
C. both (A) and (B)
D. None of these
Ans. C
114. To what Court application lies, is dealt under which of the following in the Code of Civil Procedure?
A. Section 23
B. Section 20
C. Section 22
D. Section 25
Ans. A
115. Which of the following talks about legal representative in the Code of Civil Procedure?
A. Section 46
B. Section 53
C. Section 45
D. Section 50
Ans. D
116. Which of the following deals with when foreign State may sue in the Code of Civil Procedure?
A. Section 90
B. Section 88
C. Section 92
D. Section 84
Ans. D
117. Which of the following deals with value of subject matters in the Code of Civil Procedure?
A. Section 111
B. Section 103
C. Section 110
D. Section 100
Ans. C
118. Oath on affidavit by whom to be administered.
A. Section 140
B. Section 139
C. Section 132
D. Section 100
Ans. B
119. Which of the following deals with misjoinder and non-joinder in the Code of Civil Procedure?
A. Order 9, Rule 1
B. Order 1, Rule 9
C. Order 3, Rule 11
D. Order 4A, Rule 3
Ans. B
120. Where service may be on an adult member of defendant’s family under which of the following in the Code of Civil Procedure?
A. Order 7, Rule 14
B. Order 9, Rule 12
C. Order 5, Rule 15
D. Order 10, Rule 8
Ans. C
121. Which of the following deals with the production of shop- book in the Code of Civil Procedure?
A. Order 5, Rule 30
B. Order 4, Rule 13
C. Order 7, Rule 17
D. Order 10, Rule 22
Ans. C
122. Which of the following deals with the consequence of non-attendance, without sufficient cause shown, of party ordered to appear in person 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 22
Ans. B
123. Which of the following deals with affidavit of signature in the Code of Civil Procedure?
A. Order 16, Rule 2
B. Order 12, Rule 7
C. Order 6, Rule 10
D. Order 13, Rule 22
Ans. B
124. Which of the following deals with cases in which Court may issue commission to examine witness in the Code of Civil Procedure?
A. Order 26, Rule 1
B. Order 10, Rule 9
C. Order 19, Rule 6
D. Order 17, Rule 10
Ans. A
125. For determining the questions as to whether an order passed by a Court is a decree or not, it must satisfy which of the following tests?
I. There must be an adjudication
II. The adjudication must have been given in the suit
III. The adjudication must have determined the rights of the parties with regard to all or any of the matters in the controversy in the suit
IV. The determination must be of conclusive nature
V. There must be a formal expression of such adjudication
A. I, III
B. II, V
C. II, IV, V
D. All of these
Ans. D
126. Which of the following is false of section 32 of the Code of Civil Procedure?
A. This section applies when the summon has been issued
B. This section applies where a per son is merely ordered to produce a document
C. both (A) and (B)
D. None of these
Ans. B
127. The effect of Amendment Act of 1976 on s. 100 of the Code of Civil Procedure was:
I. The High Court would be justified in admitting the second appeal only when a substantial question of law is involved
II. The substantial question of law is to be precisely stated
III. A duty has been cast on the High Court to formulate substantial question of law before hearing the appeal
IV. Another part of the section is that the appeal shall be heard only on that question
A. II, III
B. II, IV
C. I, IV
D. All of these
Ans. D
128. Sub-section (2) of s. 80 of the Code of Civil Procedure permits a suit to be filed without prior notice if:
A. It is for obtaining an urgent or immediate relief
B. Provided leave of the court is obtained thereof
C. both (A) and (B)
D. None of these
Ans. C
129. A defendant against whom an ex-parte decree has been passed under r 6 for default of appearance at the hearing has which of the following courses open to him as remedies?
A. He may appeal from the ex-parte decree under s. 96
B. He may apply for a review of the judgment under O. 47, r 1
C. He may apply under O. 9, r 13 for an order to set aside the ex-parte decree, provided the application is made within 30 days from the date of the decree or where the summons were not duly served
D. All of these
Ans. D
130. What is lis pendens?
A. it is an action pending
B. it is a matter adjudicated upon
C. both (A) and (C)
D. None of these
Ans. A
131. The words ‘at the date of the first hearing’ used in O. 15, r 4 means:
A. The date on which the court applies its mind to the case
B. The date when the evidence is recorded
C. either (A) or (B)
D. None of these
Ans. A
132. An order rejecting a plaint is a decree and such a decree is not revisable under s. 115 of the Code of Civil Procedure but appealable under s. 96 of the Code of Civil Procedure. In which of the following cases it was so upheld?
A. Wahid v. Mohd. Anwar
B. Meera Sinha v. Girja Sinha
C. Bank of Baroda v. Nandakishore Kachhawalia
D. None of these
Ans. B