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Code of Civil Procedure

Practice Test 14

1 / 100

Section 115 of the Civil Procedure Code provides provision for the following:

2 / 100

Which of the following deals with second appeal on no other grounds in the Code of Civil Procedure?

3 / 100

Which of the following deals summons given to the plaintiff for service in the Code of Civil Procedure?

4 / 100

Objection as to non-joinder or mis-joinder of parties under Order 1, Rule 13 of Code of Civil Procedure

5 / 100

Disciplinary Committee of Bar Council is Conferred the powers of Civil Court under Code of Civil Procedure, 1908 by

6 / 100

Under Civil Procedure Code, 1908 copy of plaint.

7 / 100

“Jurisdiction of civil court is not excluded in respect of adoption. The question regarding adoption involves declaration as to status/character of person can be decided only by civil court.” This was held by the Supreme Court of India in:

8 / 100

Which one of the following sections of the Code of Civil Procedure provides for the trial in open Courts where public may have access?

9 / 100

The court can enlarge the time under section 148 of Code of Civil Procedure for doing any act prescribed or allowed under the Code of Civil Procedure, not exceeding in total

10 / 100

Order 5 of Code of Civil Procedure provides for:

11 / 100

Enlargement of time fixed by the court is provided under Section:

12 / 100

Service of summons of a Civil Suit on the defendant thereto can he ordered by publication in a newspaper, when:

13 / 100

In case of death of a defendant the necessity of substituting the legal representatives of the deceased defendant

14 / 100

Before filing a suit against government under Section 80 of Code of Civil Procedure it requires a notice to be given to the government of

15 / 100

Which of the following order a court may pass under Order IX, Rule 3 Code of Civil Procedure in a suit where neither plaintiff nor defendant appears on fixed day of hearing?

16 / 100

Where any injunction is passed without giving notice to opposite party the court will try to decide the application within

17 / 100

Which of the following relates to set off?

18 / 100

In how much time, respondent may file cross-objections from the day of service of the notice of the hearing of appeal?

19 / 100

In a suit where the doctrine of res judicata applies

20 / 100

Suing of partners in name of firm is dealt under which of the following in the Code of Civil Procedure?

21 / 100

In a suit, issues are framed in respect of

22 / 100

The Amendment Act II of 1951 which repealed Section 1(3) of the Code of Civil Procedure substituted which of the following?
1. The tribal areas in the State of Assam
2. Save as hereinafter provided, the Scheduled areas in the State of Madras
3. The State of Jammu and Kashmir
4. The State of Manipur

23 / 100

Multifariousness in a suit results due to

24 / 100

Match List-I with List-II and select the correct answer:

List I
List II

a. Restitution afresh
1. Representative of a minor or a plaintiff of unsound mind in a civil suit

b. Next friend
2. Person representing the estate of the deceased

c. Legal representative
3. Debtor of the representative judgment-debtor liable for payment or delivery

d. Garnishees
4. Setting aside ex parte decree and rehearing the case

25 / 100

Where a decree is silent as regards future interest

26 / 100

Where the defendant resides out of India the summons shall be addressed and sent to him under Order V, Rule 25 of Code of Civil Procedure,

27 / 100

After signing of judgment or final order, the same can be altered or reviewed only for the purpose of:”

28 / 100

As per Section 148 of Code of Civil Procedure, the Court may enlarge the prescribed period for

29 / 100

Under Order XXIII, Rule 3A of Code of Civil Procedure, a suit to set aside a compromise decree

30 / 100

Profit received during wrongful possession over a property is

31 / 100

Principle of res judicata applies to . . . . . . . .

32 / 100

Under Order VI, Rule 15 of Code of Civil Procedure pleading must be verified by

33 / 100

Where the defendant appears and the plaintiff does not appear when the suit is called for hearing and where a part of the claim is admitted the court shall:

34 / 100

The rule of rateable distribution of the proceeds of execution sale amongst decree holders is contained in

35 / 100

Under section 75, a commission can be issued

36 / 100

Which of the following deals with execution barred in certain cases in the Code of Civil Procedure?

37 / 100

Where the defendant is absent at the time when service of summons is sought to be effected on him at his residence, there being no likelihood of his availability within reasonable time and in absence of an empowered agent, the service may be made on

38 / 100

Who amongst the following under section 83 of Code of Civil Procedure cannot sue in any court

39 / 100

Which one of the following provision of Civil Procedure Code, 1908 is related to affidavit

40 / 100

The case of Daryao vs. State of Uttar Pradesh AIR 1961 SC 1457 is related to

41 / 100

Judgment’ means-

42 / 100

Suit to include the whole claim under which of the following in the Code of Civil Procedure?

43 / 100

Match the following lists:

List I (Order of Code of Civil Procedure)
List II (Subjects)

a. Order XVII
1. Execution

b. Order XXI
2. Suit by or against Corporation

c. Order XXIX
3. Suit by Indigent

d. Order XXXIII
4. Adjournment

44 / 100

If appellate Court remands a case and order of remand does not cover the whole of the subject matter of the suit, appellant shall be entitled to get

45 / 100

Commission to make local investigation cannot be issued for the purposes of

46 / 100

A party under Code of Civil Procedure may object to answer in interrogatory if it is:

47 / 100

Can the court order payment of money by instalments, after the decree?

48 / 100

A defendant should present written statement of his defence within thirty days from the service of summons on him. The said period can be extended upto:

49 / 100

Under Order IX, Rule 8 of Code of Civil Procedure, a suit can be dismissed if

50 / 100

A decree was transferred for its execution from Court X to Court Y. Court Y is of the opinion that Court X committed an error when it calculated the limitation period. Court Y announced that it rectified the mistake of Court X and upheld the rule of law by pronouncing judgment in favour of judgment debtor. This was challenged by the decree holder in the appellate court. Predict whether the decree holder will win the case.

51 / 100

Which one of following conditions must be satisfied in order to apply the rule of res judicata as between co-defendants?

52 / 100

The power under Order XXXVII, Rule 4 of Code of Civil Procedure is

53 / 100

In a suit against a Corporation, the summons may be served on:

54 / 100

The plaintiff in a suit, onus of all the issues framed wherein is on the plaintiff, during the cross-examination of the defendant and his witnesses produces documents not filed earlier and not executed by the defendant or his witnesses and puts to the defendant and his witnesses the said documents. The said documents are not admitted or acknowledged by the defendant and/or his witnesses and are not admitted into evidence though remain on record.

55 / 100

The expression ‘Court which passed a decree’ is defined under which section Civil Procedure Code

56 / 100

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?

57 / 100

In civil proceedings where a decree is silent as regards future interest; future interest shall be deemed to have been refused and a separate suit shall not lie-

58 / 100

In an ‘Inter-pleader suit’ there

59 / 100

A plea of ‘demurrer’ means that

60 / 100

Which of the following deals with service on agent by whom defendant carries on business in the Code of Civil Procedure?

61 / 100

Permission under Order XXXIII of Code of Civil Procedure can be granted

62 / 100

Pleadings under Civil Procedure Code, 1908 essentially means

63 / 100

Failure of the judgment debtor to file affidavit of assets under Order XXI Rule 41(b) of the Code of Civil Procedure can result in:

64 / 100

In a suit, the list of witnesses has to be filed by the parties

65 / 100

Provisions relating to set-off and counter-claims are contained in which of the following order to the Code of Civil Procedure, 1908?

66 / 100

A decree for specific movable property can be executed

67 / 100

Litigating parties, . . . . . . . . upon court jurisdiction of the court, by mutual consent.

68 / 100

Where it appears to the court that elements of an acceptable settlement exist, the court may refer it to:

69 / 100

What is the essence of pleadings?

70 / 100

Under which provision of Code of Civil Procedure a plaint is rejected by the Courts in the absence of cause of action

71 / 100

Civil Procedure Code Pleading does not include

72 / 100

Under section 83 of Code of Civil Procedure, an alien enemy residing in India without the permission of the Central Government

73 / 100

Which of the following combinations are correctly matched?
1. Judgement and decree โ‡” Section 34, Code of Civil Procedure
2. Costs โ‡” Section 35, Code of Civil Procedure
3. Institution of suits โ‡” Section 26, Code of Civil Procedure
4. Legal representative โ‡” Section 50, Code of Civil Procedure
Select correct answer:

74 / 100

Which of the following is true of rules framed by the Supreme Court with reference to appeals to it?

75 / 100

State of Uttar Pradesh v. Nawab Hussain, 1977 SCR (3) 428 relates to:

76 / 100

Defendant need not to be interested in all the relief claimed under which of the following in the Code of Civil Procedure?

77 / 100

Under Order IX, Rule 2 of Code of Civil Procedure a suit can be dismissed

78 / 100

Objection as to place of suing shall be taken in the Court of first instance, is the essence of Section . . . . . . . . of the Code of Civil Procedure, 1908.

79 / 100

A decree passed in a suit under Order 37 of Code of Civil Procedure without applying for leave to defend may be set aside under:

80 / 100

After the trial of the suit the Court found that the suit was barred by the principle of res judicata and did not discuss and answer the other issues. The procedure adopted by the court is

81 / 100

Who shall produce the evidence first

82 / 100

No arrest and detention in civil imprisonment can be made if the decree is for payment of

83 / 100

Which of the following statements are correct in the context of Section 5 of Code of Civil Procedure?
1. Revenue Court is a part of Civil Court
2. Civil Court. means courts having original jurisdiction under Code of Civil Procedure but not Revenue Court
3. Civil Court means courts having original jurisdiction under Code of Civil Procedure including Revenue Court
4. Revenue Court is not a part of Civil Court

84 / 100

Abatement of suit can be set aside

85 / 100

Which of the following questions is not to be determined by an executing court?

86 / 100

Point out incorrect answer-
A decree passed by a civil court can be executed by-

87 / 100

Where, in any suit in which an arrest or attachment has been effected or a temporary injunctions granted, the court, under section 95 of Code of Civil Procedure can order for payment of compensation to the defendant against the plaintiff in case

88 / 100

Which of the following is not a part of expression “Decree” as defined under Section 2(2) of Civil Procedure Code?

89 / 100

Under Order 7 Rule 11 of the Code of Civil Procedure, 1908. The plaint shall not be rejected

90 / 100

The provisions of res judicata are also implemented in the case of the execution of decree:

91 / 100

Appointment of receiver has been dealt with

92 / 100

Which section of the Code of Civil Procedure prohibits arrest or detention of woman in the execution of a decree of money?

93 / 100

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

94 / 100

What does the recent judgment of the Supreme Court in Union of India v. Diler Singh deal with?

95 / 100

Suit for recovery of money in promissory notes can be filed

96 / 100

Arrest and detention of a person in civil imprisonment in execution of a decree:

97 / 100

Which of the following deals with where interpleader suit may be reinstituted in the Code of Civil Procedure?

98 / 100

On service of summons under Rule 2 of Order XXXVII of the Code of Civil Procedure, the defendant has to:

99 / 100

Section 20 of Code of Civil Procedure does not apply to

100 / 100

The Civil Court can grant an injunction without issuing notice to the defendant,

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