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Code of Civil Procedure

Practice Test 10

1 / 100

Civil Procedure Code: A decree for restitution of conjugal right is executable

2 / 100

Where are the provisions relating to cases of indigent persons given in the Code of Civil Procedure?

3 / 100

Which of the following deals with the procedure where person to be arrested or property to be attached is outside district in the Code of Civil Procedure?

4 / 100

Which of the following Sections, the provision has been made for settlement of disputes outside the Court through ‘arbitration’, ‘conciliation’, ‘mediation’ and ‘Iok adalats’ by the Code of Civil Procedure (Amendment) Act, 1999?

5 / 100

The period of limitation within which defendant shall submit his written statement is ordinarily within:

6 / 100

The Court shall reject an application to sue as an indigent person:

7 / 100

In cases where there is no legal representative of a party to the suit, who died during the pendency of suit, under Order XXII, Rule 4A of Code of Civil Procedure

8 / 100

In which of the following orders there is a provision of temporary injunction?

9 / 100

Consider the following statement(s).
1. A defendant may set up, by way of a counter-claim against the claim of the plaintiff any right or claim in respect of the cause of action accruing to him.
2. The counter-claim may be submitted by the defendant even after he has delivered his defence.
3. The counter-claim shall not exceed the pecuniary jurisdiction of the court.
Which of the statements given above are correct?

10 / 100

Under the provisions of Code of Civil Procedure, no second appeal lies in a suit for recovery of money not exceeding

11 / 100

Judgment – debtor means?

12 / 100

Under Code of Civil Procedure an adjudication of a court which is not a decree, is:

13 / 100

Which of the following landmark judgments of the Supreme Court deals with the applicability of res judicata in writ petitions?

14 / 100

Section 144 of Code of Civil Procedure

15 / 100

Where a judgment debtor puts any resistance or obstruction to the decree holder in exemption of a decree for possession of immovable property, the judgment debtor is liable, under section 74 of Code of Civil Procedure, to be:

16 / 100

Pleader’ is defined in the Code of Civil Procedure in

17 / 100

Where party dies after conclusion of the hearing and before pronouncing of judgement

18 / 100

A suit relating to immovable property shall be instituted at a place:

19 / 100

Article . . . . . . . . of the constitution enacts that the law declared by the supreme court shall be binding on all courts in India.

20 / 100

Under which Section of the Code of Civil Procedure “Inherent powers of the Court” has been provided?

21 / 100

The principle enshrined in the Specific Relief Act qua injunctions are not applicable to temporary injunctions under Order XXXIX of the Code of Civil Procedure. The said statement is:

22 / 100

When, on the day to which the hearing of the suit is adjourned, the parties or any of them fail to appear

23 / 100

Which of the following kinds of property is not liable to attachment and sale in execution of a decree?

24 / 100

In which Section of the Civil Procedure Code provision relating to “Suit of a Civil nature” has been provided?

25 / 100

Under Civil Procedure Code, which of following is not a decree?

26 / 100

Section 15 of Code of Civil Procedure lays down

27 / 100

In which proceedings rule 3, 4 and 8 of Order 22 of Code of Civil Procedure shall not apply:

28 / 100

Reteable distribution of proceeds of sale in execution of a decree is provided

29 / 100

One person may sue or defend on behalf of all in same interest under which of the following in the Code of Civil Procedure?

30 / 100

The provision in respect of summary procedure has been laid down under

31 / 100

Which one of the following is not a suit relating to immovable property?

32 / 100

In which of the following Sections of the Code of Civil Procedure provisions for suits relating to public charities is found?

33 / 100

Under which provision of the Code of Civil Procedure, 1908, the Collector may be appointed as receiver?

34 / 100

In Code of Civil Procedure provision for out of court settlement of suits is made under

35 / 100

In a representative suit, an agreement or compromise can be entered into Order XXIII, Rule 3B of Code of Civil Procedure

36 / 100

Order XXII Code of Civil Procedure applies to

37 / 100

Which of the following deals with suits on lost negotiable instruments in the Code of Civil Procedure?

38 / 100

A sued to recover a house from B and certain lands from C. The suit was decreed ex parte against both defendants. B applied to set aside the ex parte decree and having settled the dispute with A applied to withdraw his petition. C then applied to be transposed as petitioner.

39 / 100

Which of the following statements is correct?
The court which passed the decree may transfer it to another competent court if the

40 / 100

Under Order V, Rule 9A of Code of Civil Procedure, where the summons has been issued and delivered to the plaintiff for service on defendant(s) is refused unserved with the endorsement ‘refused’, the court

41 / 100

Validity of a foreign judgment can be challenged under Section 13 of Code of Civil Procedure

42 / 100

Which of the following deals with the framing of issues in the Code of Civil Procedure?

43 / 100

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?

44 / 100

A decree was passed by Court P. It was sent to Court Q for execution. Decree holder approached Court R and requested it to execute it. Court R appointed a receiver. It was challenged by the judgment-debtor in an appellate court. Will the appellate court agree with the judgment-debtor?

45 / 100

In a suit, where the doctrine of res-judicata applies, the suit is liable to be

46 / 100

Framing of the issues is the

47 / 100

An adjournment shall not be granted on the ground:

48 / 100

The provisions of Order VIII, Rule 1 of Code of Civil Procedure are

49 / 100

Under which Section of the Civil Procedure Code “Pecuniary Jurisdiction” of the Court has been provided?

50 / 100

Doctrine of res-judicata as contained in section 11 of Code of Civil Procedure is based on the maxim

51 / 100

A decree for injuction if not obeyed-

52 / 100

The court may compel the attendance of any person to whom a summons has been issued under Section 32 Code of Civil Procedure and for the purpose may impose a fine upon him not exceeding:

53 / 100

Particulars of set-off to be given in written statements under which of the following in the Code of Civil Procedure?

54 / 100

Under Section 51 of Code of Civil Procedure, which one is not a method to enforce execution of the decree?

55 / 100

Which one of the following combination is mis-matched under Civil Procedure Code?

56 / 100

Under Order XIV, Rule 5 of Code of Civil Procedure

57 / 100

A foreign government

58 / 100

Which provision specifically enables the court to pronounce judgment in case the defendant fails to file written statement or subsequent pleadings?

59 / 100

Principle of Res-judicata does not apply to

60 / 100

Which of the following deals with exemption of certain women from personal appearance in the Code of Civil Procedure?

61 / 100

Civil Procedure Code: Remedies available against an ex-parte decree include-

62 / 100

Set-off can be of

63 / 100

If the court finds that it has no pecuniary or territorial jurisdiction to try the suit, the proper order will be

64 / 100

Principle of res judicata applies

65 / 100

Which of the following can be said to be ‘judgement’ as defined in Section 2(9) of the Code of Civil Procedure?

66 / 100

In a case of one and the same decree, the attachment of salary can continue for a total period of

67 / 100

An agreement entered into or a compromise by a next friend or guardian for the suit on behalf of a minor, with reference to the suit in which he acts as next friend or guardian, without the leave of the court is:

68 / 100

Section 75 of Code of Civil Procedure deals with

69 / 100

A deposits a box of gold coins with B as his agent. He then writes to C for the purpose of making the gold coins a security for a debt due from himself to C. A afterwards alleges that C’s debt is satisfied and C alleges the contrary. Both claim the gold coins from B. B may institute an interpleader suit against

70 / 100

The provisions relating to the summoning and attendance of witnesses are under:

71 / 100

Save as provided by the Provincial Small Cause Courts Act a decree or order made under the provisions of the said Act shall be

72 / 100

Order II, Rule 2 of Code of Civil Procedure does not apply to

73 / 100

A, B, C, D and E are jointly and severally liable for Rs. 1,000 under a decree obtained by F. A obtains a decree for Rs. 100 against F singly and applies for execution to the Court in which the joint decree is being executed.

74 / 100

On which one of the following grounds under Civil Procedure Code, 1908 a warrant of arrest against a “judgment debtor” may be cancelled by the Court?

75 / 100

The proof and admissibility of the documents which are filed along with the affidavit, under Order XVIII, Rule 4(1) of Code of Civil Procedure shall

76 / 100

An ex-parte decree passed under Order XXXVII of Code of Civil Procedure can be set aside under Order XXXVII, Rule 4

77 / 100

Where the suit is dismissed under rule 2 or 3 of order 9 Code of Civil Procedure, the plaintiff?

78 / 100

Under Section 152 Code of Civil Procedure an order can be corrected by the court where there has been

79 / 100

A’ and ‘B’ sue ‘C’ for recovery of Rs. 1,000. ‘C’ has a debt due to him by ‘A’ alone. Here ‘C’ can

80 / 100

The Plaint can be rejected if suit is barred by Limitation is provided under-

81 / 100

Commission for local investigation can be issued

82 / 100

Interlocutory order are issued by civil court:

83 / 100

Which of the following deals with the Transferee of a decree in the Code of Civil Procedure?

84 / 100

Civil Procedure Code 1908 extends –

85 / 100

Execution of a decree can be applied for

86 / 100

When a decree is passed against the Union of India, execution of such decree shall not be issued unless it remains unsatisfied for the period of . . . . . . . . computed from the date of such decree.

87 / 100

A caveat lodged under section 148A(1) shall not remain in force after the expiry of:

88 / 100

A decree for recovery of money is executable by detention of the judgment debtor in civil prison:

89 / 100

Court in which suits to be instituted comes under which of the following in the Code of Civil Procedure?

90 / 100

Under Section 16 of Code of Civil Procedure, a suit relating to movable property can be filed in a court within whose local jurisdiction:

91 / 100

Order XXXIX, Rule 2 of the Civil Procedure Code deals with

92 / 100

In case of breach of any of the terms on which temporary injunction was granted, the court may order

93 / 100

Which of the following provisions of Code of Civil Procedure provides for adjudication of claims and objections to attachment of property?

94 / 100

Suit of indigent persons has been provided under

95 / 100

Interveners are

96 / 100

An immovable property held by Y is situated at Bhopal and the wrongdoer personally works for gain at Indore A suit to obtain compensation for wrong to the property may be instituted:

97 / 100

Provision relating to ‘Precept’ is provided in Civil Procedure Code under

98 / 100

Notice under Section 80 of Code of Civil Procedure is required, for filing a suit against:

99 / 100

Under Order XIII, Rule 1 of Code of Civil Procedure,

100 / 100

In a contractual dispute between two parties A and B, A files a suit in New Delhi where the cause of action arose. Two days later, B files a suit in the same matter in Mumbai, where A is resident. The pendency of the first suit is not brought to the notice of the court in Mumbai. The court pronounces judgement in second suit before the first suit is decided. Would such decision operate as a bar on the court in New Delhi to try the suit any further?

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