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Code of Civil Procedure

Practice Test 13

1 / 100

A sues B for a declaration of title to land and obtains a decree. A then sues C for possession. C contends that B is owner and that he is in possession as B’s tenant.

2 / 100

The general principle of waiver that provides the failure to raise objection in the court of the first instance and at the earliest opportunity shall prevent the defendant from raising such objection at a subsequent state and the judgment would not be vitiated on the ground of absence of territorial or pecuniary jurisdiction is reflected in which provision of Civil Procedure Code.

3 / 100

Under which section of Code of Civil Procedure, option for settlement of dispute is provided outside the court?

4 / 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. 7000 per month?

5 / 100

Dhulabhai etc. v. State of Madhya Pradesh and another, AIR 1969 SC 78, lays down certain principles regarding the exclusion of jurisdiction of civil courts. Which of the following is not a principle laid down:

6 / 100

The court can award compensation against plaintiff under section 95 of Code of Civil Procedure, not exceeding

7 / 100

Notice under Section 80 Code of Civil Procedure has to be served on:

8 / 100

A receiver cannot be appointed

9 / 100

Copy of the judgement shall be made available to the parties, under Order XX, Rule 1(2) of Code of Civil Procedure:

10 / 100

A caveat under the Code of Civil Procedure, 1908 may be lodged when any

11 / 100

Inherent powers under Section 151 of Code of Civil Procedure are

12 / 100

Under the Code of Civil Procedure “pleadings” means

13 / 100

Which of the following is true of section 24 of the Code of Civil Procedure?

14 / 100

Under section 47 of Code of Civil Procedure, all questions arising between the parties to the suit, relating to execution, discharge or satisfaction of the decree have to be decided

15 / 100

Which provision of Code of Civil Procedure deals with enforcement of a decree against legal representative?

16 / 100

The Code of Civil Procedure (Amendment) Acts, 1999 and 2002 were enacted on the recommendations of

17 / 100

Which of the following is not of civil nature

18 / 100

Which of the following pairs is/are correctly matched?
1. Right to file caveat Section 148-A, Code of Civil Procedure
2. Pauper suit Section 33, Code of Civil Procedure
3. Privileged document Section 29, Code of Civil Procedure
4. Powers of appellate court Section 102, Code of Civil Procedure

19 / 100

Suit relating to immovable property can be filed under Section 16 of Civil Procedure Code in such a court within whose local jurisdiction:

20 / 100

Section 10 of Civil Procedure Code can come into operation

21 / 100

An order of dismissal in default of a suit, for non-appearance of plaintiff or his advocate, is:

22 / 100

Neither a judgment in personam nor judgment in rem can be challenged

23 / 100

Order XXI Rule 37 provides that where an application is for execution of decree for the payment of money by the arrest and detention in the civil prison of a judgment-debtor who is liable to be arrested in pursuance of the application

24 / 100

Garnishee proceedings under the Code of Civil Procedure can be instituted to enable:

25 / 100

Under section 152 Code of Civil Procedure mistakes can be corrected in

26 / 100

Provisions of Section 80 of the Code of Civil Procedure are

27 / 100

An appeal shall lie

28 / 100

Which Rule of Order XXXIX of the Code provides that an injunction directed to the Corporation is binding not only on the Corporation but also on all members and officers of the Corporation whose personal action it seeks to restrain-

29 / 100

A person who does not have sufficient means to pay court fees on a suit for recovery of money for which cause of action has accrued to him.

30 / 100

Under which provision of the Code of Civil Procedure, is a suit to set aside a decree on the ground of lack of territorial jurisdiction barred?

31 / 100

Civil Procedure Code provides for

32 / 100

In case of failure of the defendant to file the written statement within 30 days from the date of service of summons, the court can allow the defendant to file the same at a later date as prescribed under

33 / 100

Under which provision of Civil Procedure Code an order of temporary injunction may be discharged, varied or set-aside?

34 / 100

Which one comes in the preview of “formal defect” for withdrawal of suit under Order 23, Rule 1(3) of Code of Civil Procedure?

35 / 100

Under section 96 of Code of Civil Procedure, no appeal can be filed

36 / 100

When there are more than one defendants, the service of summons shall be made on:

37 / 100

Any objection of interrogatories may be taken on the ground that it is:

38 / 100

“Where a plaintiff omits to sue in respect of, or intentionally relinquishes any portion of his claim, he shall not afterward sue in respect of the portion so omitted or relinquished”. The genesis of this principle lies in:

39 / 100

Abatement means

40 / 100

Which of the following Sections of the Civil Procedure Code is related to pecuniary jurisdiction of Civil Court?

41 / 100

Mesne profits’ has been defined in which of the following Sections of the Civil Procedure Code?

42 / 100

If after service of summons, the defendant appears, but does not file the written statement within the prescribed time and right to file written statement is closed,

43 / 100

If a party commits breach of an order of temporary injunction . . . . . . . .

44 / 100

Can a person who has not suffered special damage because of public nuisance or wrongful act affecting the public file a suit?

45 / 100

Which section is related to the pecuniary jurisdiction of the court?

46 / 100

Which of the following deals with return of plaint in the Code of Civil Procedure?

47 / 100

The provisions regarding inherent powers of the courts are mentioned in the Code of Procedure in:

48 / 100

Under which section of Code of Civil Procedure a notice is required to be given at least two months before filing a suit against a Central or State Government?

49 / 100

Where local limits of jurisdiction of courts are uncertain, the place of institution of the suit shall be according to:

50 / 100

Non Joinder of necessary party in a suit will lead to:

51 / 100

Dismissal of the suit under Rule 3 of Order 9 of the Code of Civil Procedure

52 / 100

Objection to the place of suing can be allowed to be taken . . . . . . . .

53 / 100

Minor to sue by next friend is dealt under which of the following in the Code of Civil Procedure?

54 / 100

Upon grant of an ex parte injunction, the plaintiff has to comply with the proviso to Order XXXIX, Rule 3 of the Code of Civil Procedure, by filing an affidavit:

55 / 100

Court can direct the parties to opt for anyone mode of alternative dispute resolution under

56 / 100

Code of Civil Procedure: When temporary injunction is not granted?

57 / 100

Sale of immovable property in execution of decree cannot be ordered by

58 / 100

Which of the following deals with power to amend decree or order where appeal is summarily dismissed in the Code of Civil Procedure?

59 / 100

Decide who among the following persons can be said to be parties to the suit within the meaning of Section 47:
1. Rival decree-holders
2. Auction purchaser
3. Garnishee
4. Surety

60 / 100

Inherent powers of the Civil Court are exercised

61 / 100

Match List-I (Name of Principle) with List-Il (Related Case) and select the correct answer:

List I
List II

a. Res judicata
1. S. P. Gupta v. Union of India

b. Legitimate expectation
2. Motilal Padampat Sugar Mills v. State of Uttar Pradesh

c. Promissory estoppel
3. Daryao v. State of Uttar Pradesh

d. Locus standi
4. Monnet Ispat and Energy Ltd. v. Union of India

62 / 100

Decree means:

63 / 100

Which one of the following sections of the Code of Civil Procedure Code, 1908 embraces the principle of restitutions?

64 / 100

List of witnesses must be filed, by the parties

65 / 100

Under Civil Procedure Code, which of the following statements are true regarding a decree?

66 / 100

Where the court orders for issuance and service of summons on the defendant(s), under Order VII, Rule 9 of Code of Civil Procedure, the plaintiff is required to present the copy(ies) of the plaint alongwith the requisite fee, within

67 / 100

Where the plaint has been rejected the plaintiff on the same cause of action

68 / 100

A decree for execution cannot be sent to a:

69 / 100

Which of the following deals with agreement to be filed and registered as suit in the Code of Civil Procedure?

70 / 100

A sues B for specific performance of an agreement for the sale to him of B’s land, and obtains a decree. In execution of the decree, A is put in possession of a portion only of the land, as it is found that the rest of the land did not belong to B, but to B’s son.

71 / 100

Any order or decree obtained by practising fraud is

72 / 100

Where the decree is for the partition of an undivided estate assessed to the payment of revenue to the government, the partition of revenue to the government, the partition of the estate, in accordance with the law for the time being in force, shall be made by

73 / 100

Whether court can, without exception, try all suits of civil nature?

74 / 100

Which of the following instances can be held to be final orders?
1. An order of a High Court dismissing an appeal for the appellant’s failure to furnish order
2. An order that an appeal had abated
3. An order in a revision reversing the dismissal of a suit and restoring it to the file of the lower court when such an order had the effect of reinstating a primary decree
4. An order refusing an application under section 45 of the Specific Relief Act 1 of 1877
5. An order passed by a High Court in insolvency proceedings

75 / 100

Whether the judgment debtor can plead satisfaction of money decree by payment in cash outside the court?

76 / 100

An Appeal under Order XLIII of Code of Civil Procedure shall lie from which of the following orders:

77 / 100

Application for permission to sue as a pauper is to be presented by

78 / 100

A decree can be transferred for execution to another court:

79 / 100

In cases of urgent or immediate relief, where leave to investigate the suit without service of notice under section 80 of Code of Civil Procedure has been granted

80 / 100

Objection as to local or pecuniary jurisdiction shall be raised at the first available opportunity according to Civil Procedure Code, 1908 under

81 / 100

Under Order VIII, rule 6 Civil Procedure Code, 1908, set off may be permitted if

82 / 100

If a party who has obtained an order to amend the pleadings under Code of Civil Procedure, if not amended, after expiration of how many days shall not be permitted to amend the same without the leave of the court?

83 / 100

Under section 89 of Code of Civil Procedure, the court can refer the dispute for settlement outside the court

84 / 100

Where the decree is for the payment of sum of money exceeding five thousand rupees the period of civil prison?

85 / 100

When an ex parte decree is passed, the defendant would normally ask for setting aside of ex parte decree:

86 / 100

If a defendant fails to put in appearance or fails to apply for leave within the statutory period, the suit is liable to be

87 / 100

In which of the following orders appointment of receiver is mentioned?

88 / 100

Section 47 of Code of Civil Procedure applies

89 / 100

Which of the following order of Code of Civil Procedure is related to “Set-off” and “counter-claims”

90 / 100

Grounds for review have been provided under

91 / 100

Which of the following deals with questions to be determined by the Court executing decree in the Code of Civil Procedure?

92 / 100

Inherent powers of the court to meet the ends of justice have been saved under Section . . . . . . . . of the Code of Civil Procedure, 190

93 / 100

For the purposes of Order XII, Rule 6 of Code of Civil Procedure admissions of fact

94 / 100

Court has the power to summon a person, who is not called by any party, as a witness

95 / 100

Under Order IX, Rule 6 of Code of Civil Procedure

96 / 100

Provision relating to execution of decrees are contained in

97 / 100

Wife obtains a decree for restitution of conjugal rights against the husband. The husband fails to comply with the decree. The Court, in: execution:

98 / 100

A residing Dehradun beats B in Lucknow. B may sue A under Code of Civil Procedure

99 / 100

Persons who are exempted from arrest under civil process, have been mentioned in

100 / 100

Which one of the following Orders and Rules under the Code of Civil Procedure provide that in every case of the examination-in-chief of a witness shall be on affidavit?

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