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Code of Civil Procedure

Practice Test 1

1 / 100

Notice under Section 80 of Code of Civil Procedure, when it relates to Railways, has to be served on which of the following?

2 / 100

Where the liability in relation to sum adjudged has not arisen out of a commercial transaction, the maximum yearly rate of interest awardable under section 34(1) of the Code of Civil Procedure from the date of decree for payment of money to date of payment is:

3 / 100

A suit for specific performance of contract is dismissed. Whether subsequent suit for compensation for breach of contract is maintainable?

4 / 100

Attachment before judgement in a suit dismissed for default/non-prosecution revives automatically on the restoration of a suit-

5 / 100

Consider the following statements:
1. Where the High Court calls for the record of any case in its revisional jurisdiction, it operates as a stay of such case before the subordinate court.
2. No second appeal shall lie in money suits where the value of the subject matter does not exceed Rs. 25,000.
3. A plaintiff cannot be allowed by the court to sue afterwards for any relief omitted by him in the suit.
4. A plaintiff may relinquish any portion of his claim in order to bring the suit within the jurisdiction of any court.
Of the above statements:

6 / 100

A private transfer or delivery of the property attached under section 64(2) shall not be void if

7 / 100

A plaint can be rejected:

8 / 100

No decree to be set aside without notice to opposite party under which of the in the Code of Civil Procedure?

9 / 100

A suit under Civil Procedure Code can be filed representative capacity:

10 / 100

Dismissal of suit by court under order 17 Rule 3 Civil Procedure Code, only remedy available to plaintiff is to file

11 / 100

Civil court’s jurisdiction would not be barred in which of the following cases?
1. Where the order under r 18 of the settlement rules is patently illegal or without jurisdiction
2. Where the remedy provided by the regulation to adjudge the objection raised, is not sufficient
3. Where complicated question relating to the title are involved
4. Where the plaintiff seeks declaration of his title over the land from which he is sought to be evicted

12 / 100

Caveat under Section 148A of the Code of Civil Procedure remains in force for a period of:

13 / 100

Which one of the following Sections of the Code of Civil Procedure deals with ‘Revision’?

14 / 100

For an application under Order VII, Rule 11

15 / 100

If anyone interferes with the possession of the receiver appointed under Order XL of Code of Civil Procedure, contempt proceedings against such a person can be initiated by

16 / 100

Which of the following deals with materials from which issues may be framed in the Code of Civil Procedure?

17 / 100

Which of the following statements is/are correct?
1. The expression “decree” includes a final order.
2. Garnishee is a person who is liable to pay a debt to a decree-holder or
to deliver any movable property to him.
Select the correct statement:

18 / 100

Which order has been specially enacted to protect the interest of Minors and Unsound Mind:

19 / 100

When two or more courts have the jurisdiction if the parties by an agreement confer the jurisdiction exclusively on one of such courts, it results into

20 / 100

In which of the following suits, a receiver can be appointed

21 / 100

The propositions are: Under Order XVIII, Rule 2 of Code of Civil Procedure, 1908:
1. A copy of the written arguments shall be furnished simultaneously to the opposite party
2. Adjournment shall be granted generally for the purpose of filing the written arguments
3. The Court cannot fix any time-limit for oral arguments
Which of the following is correct in respect of the aforesaid propositions:

22 / 100

An inter pleader suit is one where the real dispute is between the . . . . . . . . only.

23 / 100

Section 21 of Code of Civil Procedure cures

24 / 100

Place of institution of suit in respect of immovable property, situated within the jurisdiction of different courts, has been provided

25 / 100

The plaint shall be rejected by the court, under Order 7, Rule 11(e) of the Code of Civil Procedure, if it is not filed in:

26 / 100

Period of limitation for filing a summary suit is

27 / 100

Under Civil Procedure Code, when service of summon can not be effected within reasonable time due to absence from his residence, then summon can be served to defendant’s

28 / 100

Where an indigent person succeeds, the court fee shall be recovered?

29 / 100

Precepts are issued under section 46 of Code of Civil Procedure for;

30 / 100

If due to default of appearance of the plaintiff a suit has been dismissed then:

31 / 100

In a suit against the State Government, who may sign the plaint on behalf of the Government?

32 / 100

Interest that may he awarded to a plaintiff in a suit for money according to the period for which it is allowed may be divided as:

33 / 100

Can a document which is not produced with the plaint and which ought to have been produced by the plaintiff, be received in the evidence on his behalf?

34 / 100

Under section 34 of Indian Penal Code, the court can grant interest

35 / 100

In case a party to the suit dies and no application moved for the substitution of the legal representatives within the statutory period, under Order XXII, Rule 19 of Code of Civil Procedure

36 / 100

Which of the following deals with simultaneous issue of summons for service by post in addition to personal service in the Code of Civil Procedure

37 / 100

A ‘next friend’ or guardian, of a minor, in a suit

38 / 100

Objection under Order 21 Rule 97 Code of Civil Procedure dismissed by the Trial Court. The order may be challenged by filing which procedure?

39 / 100

A’ residing in Mumbai publishes statements defamatory against ‘B’ in Delhi. Where can ‘B’ file a suit for compensation against ‘A’?

40 / 100

Under which provision of the Code of Civil Procedure it is necessary for a party to prove that in spite of all due diligence, the matter could not be raised before the commencement of the trial:

41 / 100

A suit was filed and disposed off by a Court which had no territorial jurisdiction to try it. That judgement and decree became final. Whether the findings recorded in it operate as res judicata in a subsequent suit between the same parties.

42 / 100

Order 6, Rule 16, Code of Civil Procedure empowers the court, at any stage of the pleadings to strike out any matter contained in it:

43 / 100

‘Res sub Judice’ means

44 / 100

Under . . . . . . . . party to the suit has to prove that inspite of due diligence he could not have raised the matter before the commencement of trial

45 / 100

When the Plaintiff appears and Defendant fails to file written statement despite service, the Court

46 / 100

A judgment was pronounced on 2nd December, 2017. Decree was drawn on 5th January, 2018. What is the date of decree in this situation?

47 / 100

Under which one of the following Sections of the Code of Civil Procedure the Court may ask parties to a dispute to go for meditation?

48 / 100

Which of the following power is not vested in commissioner if he is not a Judge of a civil court?

49 / 100

Preliminary decree is one

50 / 100

On rejection of plaint under provisions of Order VII Rule 11 of Civil Procedure, 1908, presenting of a fresh plaint in respect of the same cause of action, is:

51 / 100

Rules relating to Inter-pleader suit have been provided in the Code of Civil Procedure under which of the following orders?

52 / 100

Order XXVI, Rule 4A Code of Civil Procedure, empowers the court to issue commission in a suit for examination of a person-

53 / 100

Which of the following deals with the time for inspection when notice given in the Code of Civil Procedure?

54 / 100

Rules as to issue and service of summons in Code of Civil Procedure are laid down in:

55 / 100

Which of the following deals with the order for inspection in the Code of Civil Procedure?

56 / 100

What new does Explanation VII adds to section 11 of Code of Civil Procedure?

57 / 100

The defendant, the editor and proprietor of a newspaper, published articles which referred to the ‘Calcutta Police’, without naming individuals. The plaintiffs, six of the members of the Calcutta Police force, jointly sued the editor for damages, alleging that the articles were directed against them, and that they constituted a libel. Here a libel was in the same words, and in the same documents, but of different persons.

58 / 100

Reference’ under the Code of Civil Procedure may be made to:

59 / 100

Under Order 32, Rule 1 of Civil Procedure Code a minor means a person who has not attained his majority within the meaning of

60 / 100

Right to appeal is

61 / 100

A decision is a suit may operate as resjudicata against persons not expressly named as parties to the suit by virtue of explanation

62 / 100

Attachment before judgment can be removed under Order XXXVIII, Rule 9 of Code of Civil Procedure

63 / 100

A receiver can be appointed for better custody or management of

64 / 100

The reappreciation of evidence in second appeal

65 / 100

Which one of the following is not a suit of civil nature under Code of Civil Procedure?

66 / 100

Under Order XXXIII, Rule 9 of Code of Civil Procedure, permission to sue as pauper can be withdrawn

67 / 100

Once revision is made before the court under the Code of Civil Procedure, 1908, it

68 / 100

Which one of the following is not a decree under Civil Procedure Code, 1908?

69 / 100

Which of the following is a leading case on ‘counter claim’?

70 / 100

Under the Code of Civil Procedure, 1908 an ex parte decree can be set aside under

71 / 100

Provision for interest in Code of Civil Procedure has been made

72 / 100

Execution of a decree can

73 / 100

Under the code of criminal procedure 1973, “any proceeding in the course of which evidence is legally taken on Oath” is considered as

74 / 100

Section 9 of the Code of the Civil Procedure provides that a civil court shall have jurisdiction:

75 / 100

The Court is required to appoint a guardian ad litem

76 / 100

Where a suit is dismissed for non-appearance by the Plaintiff and the defendant is not yet served or after service of the defendant both parties do not appear, the Plaintiff may

77 / 100

Which Provision (Order) of Civil Procedure Code deals with production, impounding and return of documents?

78 / 100

“Guardian at litem” used under Civil Procedure Code, 1908 means

79 / 100

Under Section 148A of Code of Civil Procedure, a caveat shall not remain in force after the expiry of . . . . . . . . days.

80 / 100

Which of the following deals with recording of admitted and return of rejected documents in the Code of Civil Procedure?

81 / 100

Under section 60 of Civil Procedure Code which of the following properties is not liable to attachment and sale in execution of a decree?

82 / 100

Inherent powers may be used by the Court for

83 / 100

Which of the following deals with the substitution of letter for summons in the Code of Civil Procedure?

84 / 100

Issues arise when prepositions of law or fact are affirmed by one party and denied by the other.

85 / 100

The plaint shall be rejected:

86 / 100

In execution of a decree, other than a decree for maintenance, passed against A, what shall be the attachable portion, if his salary is Rs. 10,000 per month?

87 / 100

Issues are framed by a Court. Onus of some of the issues is on the Plaintiff and of some of the issues, the onus is on the Defendant. The Plaintiff has to

88 / 100

Which of the following must be stated in the pleadings:

89 / 100

Which of the following deals with the continuance of orders under repealed enactments in the Code of Civil Procedure?

90 / 100

Which is the case of which notice to all the persons interested in a representative suit need not be given?

91 / 100

Right to lodge a ‘caveat’ has been provided under

92 / 100

The court to amend a decree is the court that passed it. Where an appeal is preferred from a decree of a court of first instance the Appellate Court may:

93 / 100

A court can return the plaint, when the court has got

94 / 100

A’ holds a decree against ‘B’ for Rs. 5000/-. ‘B’ holds a decree against ‘A’ for Rs. 3000/-. Both ‘A’ and ‘B’ apply for execution of decree to a Court which has jurisdiction to execute both decrees. The Court may

95 / 100

The adjudication of a court of law may be:

96 / 100

Which of the following procedure where there is no legal representative in the Code of Civil Procedure?

97 / 100

Under section 34(2) of the Code of Civil Procedure, 1908, where a decree is silent with respect to the payment of further interest on the principal sum from the date of the decree to the date of the payment or other earlier date.

98 / 100

Which of the following deals with subordination of Courts in the Code of Civil Procedure?

99 / 100

Courts have jurisdiction to try all suits of a civil nature except suits, the cognizance of which is either expressly or impliedly barred, by virtue of

100 / 100

The period of limitation for an application to restore a suit dismissed for default of appearance is

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