/100

Code of Civil Procedure

Practice Test 15

1 / 100

Private alienation of property after attachment of the same is-

2 / 100

Which order of the Code of Civil Procedure lays down general rules governing pleadings in a court?

3 / 100

The court may also permit service of summons by the plaintiff in addition to service of summons by the court by Order 5, and . . . . . . . . of Code of Civil Procedure.

4 / 100

Whether the appeal or revisional court can return the plaint under Order 7 Rule 10 Code of Civil Procedure after set side the decree:

5 / 100

Decree’ under Civil Procedure Code, 1908 has been defined in its

6 / 100

Properties that can be attached are:

7 / 100

X’ files a suit for declaration of title and permanent injunction against ‘Y’ and files an application for temporary injunction under Order XXXIX, Rule 1(c), Code of Civil Procedure, The Court dismisses the application for temporary injunction. 2 months later, during the pendency of the suit, X again files for temporary injunction under Order XXXIX Rule 1(c), Code of Civil Procedure, citing new facts and changed circumstances.

8 / 100

Attachment of portion of salary can be continued for a maximum period of . . . . . . . .

9 / 100

If the plaintiff wants to withdraw the suit, then

10 / 100

Which of the following deals with the dismissal of suit where plaintiff, after summons returned unserved, fails for [seven days] to apply for fresh summons in the Code of Civil Procedure?

11 / 100

Which of the following deals with the procedure when party fails to present written statement called for by Court in the Code of Civil Procedure?

12 / 100

Section 115 applies to

13 / 100

Second appeal under Section 100 of Code of Civil Procedure lies

14 / 100

Which of the following deals with the form of notice in the Code of Civil Procedure?

15 / 100

Under which one of the following provisions of the Civil Procedure Code, 1908 consequences of disobedience or breach of injunction has been described?

16 / 100

An application can be filed for review of a judgment if . . . . . . . .

17 / 100

Under Order XVIII of Code of Civil Procedure, a Commissioner cannot be appointed to record

18 / 100

If the suit is filed in a court having no jurisdiction . . . . . . . .

19 / 100

Which of the following determinations does not come under the definition of “decree”?

20 / 100

Mark the incorrect proposition:
1. Set-off is a statutory defence to a plaintiff’s action, whereas a counterclaim is a cross-action.
2. Set-off and counter-claim arises out of the same transaction.
3. Set-off should not be barred on the date of the suit while counter-claim should not be barred on the date of filing of written statement.
4. Claim for set-off cannot exceed plaintiff’s claim, whereas counterclaim can exceed the plaintiffs claim.
5. Both set-off and counter-claim cannot exceed the pecuniary jurisdiction of the court.

21 / 100

A decree holder:

22 / 100

The Court can reject the plaint under Order VII, Rule 11(e) of Code of Civil Procedure, if it is not filed in

23 / 100

A sues B in 1869 to recover a talukdari estate from him. The suit is dismissed on a finding that the estate had become the absolute property of B under a conditional sale made by A to B in 1853. A then sues B in 1875 for redemption of the same property, alleging that he had mortgaged the property as absolute owner thereof to B in 1854.

24 / 100

A suit in representative capacity can be filed by virtue of

25 / 100

The provision for substituted service of summons on the defendant(s) has been made under

26 / 100

Which of the following deals with power to transfer suits which may be instituted in more than one Court in the Code of Civil Procedure?

27 / 100

Under Order 39, Rule 4 of Code of Civil Procedure an order for injunction may be discharged, varied or set aside by the court:

28 / 100

Doctrine of restitution is contained in

29 / 100

Appeals can be preferred against

30 / 100

Whether a suit can be compromised without filing an application under Order XIII, Rule 3 of the Code of Civil Procedure, 1908 in Court?

31 / 100

No appeal can be filed, as provided under section 96(4) of Code of Civil Procedure, against a decree in any suit cognizable by the Courts of Small Causes except on a question of law, where the value of the subject-matter of the original suit does not exceed

32 / 100

Under the inherent powers of the Civil Court it can pass orders

33 / 100

Defendant has to seek leave to defend the suit under Order XXXVII, Rule 3 of Code of Civil Procedure

34 / 100

What is stay under section 10 Code of Civil Procedure?

35 / 100

Which of the following deals with service of summons where defendant resides in another State in the Code of Civil Procedure?

36 / 100

Which one of the following is not a suit of civil nature?

37 / 100

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

38 / 100

An assignee of an interest during the pendency of the suit can be brought on record by virtue of

39 / 100

Place of suing in respect of suits for compensation for wrongs to persons or moveable property has been dealt with

40 / 100

A right to set-off has been granted

41 / 100

The amount which a Civil Judge can order to be paid as compensatory cost in respect of a false or vexatious claim or defence shall not exceed the amount of:

42 / 100

In case of failure of filing the written statement within thirty days, the defendant can be allowed to file the same on such other day specified by the court for reasons recorded in writing, which shall not be later than:

43 / 100

Section 114 of Code of Civil Procedure should be read with-

44 / 100

In which of the following cases, did the Supreme Court uphold the validity of the Code of Civil Procedure Amendment Acts of 1999 and 2002?

45 / 100

Which of the following is not a decree?

46 / 100

Which of the following are the only constraints of the Appellate Court under O. 41, r 33?

47 / 100

On dismissal of a suit for non-compliance with an order for discovery under Order XI, Rule 21 of the Civil Procedure Code 1908, the plaintiff:

48 / 100

Under Order VII, Rule 11 of Code of Civil Procedure

49 / 100

Provisions of Section 10 of Code of Civil Procedure are:

50 / 100

“Framing of issues” is provided by which Rule of Code of Civil Procedure?

51 / 100

Civil Procedure Code: A suit may be defeated due to

52 / 100

If a plaint is rejected on the ground that it does not disclose a cause of action, can the plaintiff present a fresh suit on the same cause of action?

53 / 100

Whether the next friend of a lunatic requires permission of the Court to file a suit for declaration?

54 / 100

Bar to further suit is dealt under which of the following in the Code of Civil Procedure?

55 / 100

Under . . . . . . . . suit by indigent person shall be deemed to be instituted on the date on which the application for permission to sue as an indigent person is filed

56 / 100

A review petition is maintainable where:

57 / 100

Where after the end of hearing but before pronouncement of the judgement if any party to the suit dies, then the suit will

58 / 100

Decree of restitution of conjugal rights may be enforced:

59 / 100

A letter of request under section 77 of Code of Civil Procedure, to examine a witness can be issued by the court

60 / 100

Order V, Rule 9(3) of Code of Civil Procedure provides for service of summons to the defendant by

61 / 100

Provisions relating to set off and counter claims under Civil Procedure Code, 1973 are contained in

62 / 100

Under which provision of Code of Civil Procedure an Ambassador can be sued?

63 / 100

Where one of two or more defendants dies but legal representatives of deceased defendant are not made parties and the right to sue does not survive against rest of the defendants, then

64 / 100

Hearing of the suit and examination of witnesses is covered under Order . . . . . . . . of the Code of Civil Procedure, 1908

65 / 100

The death of a plaintiff or defendant shall not cause the suit to abate, if

66 / 100

Which of the following Sections of the Code of Civil Procedure provide grounds for second appeal?

67 / 100

Provisions relating to suit by or against a minor, are contained in

68 / 100

Which of the following statements is correct?
An attachment order may come to an end by
A. Satisfaction of decree.
B. Setting aside or reversal of decree.
C. Dismissal of execution application for decree holder’s default.
D. Death of the decree holder.
E. Agreement/compromise between the parties.
Select the correct answer:

69 / 100

Which of the following deals with objections to jurisdiction in the Code of Civil Procedure?

70 / 100

Provision for grant of temporary injunction is provided in . . . . . . . . of the Code of Civil Procedure.

71 / 100

An application for amendment of pleadings is filed under:

72 / 100

A decree passed in a suit under Order XXXVII of Code of Civil Procedure due to non-applying for leave to defend may be set aside

73 / 100

Civil Procedure Code (U. P. Amendment) Ordinance, 2003 relates to-

74 / 100

Can a suit for declaration be filed without seeking any further relief although such further relief is available to the plaintiff?

75 / 100

Which of the following deals with when appeals lie to the Supreme Court in the Code of Civil Procedure?

76 / 100

A reference can be made during the pendency of the case:

77 / 100

Formal expression of an adjudication which, so far as records the court expressing it, conclusively determines rights of the parties, is-

78 / 100

Which of the following orders is not appealable under the Code of Civil Procedure

79 / 100

The Commissioner appointed for the purposes of recording evidence (cross-examination) is obliged to submit his report to the court appointing the commission within

80 / 100

The provisions relating to Mesne Profits are provided in which Section of Civil Procedure Code, 1908?

81 / 100

To compel the attendance of a witness against whom summons has been issued to give evidence, the Court may under Section 32 of Civil Procedure Code

82 / 100

Suits relating to constitutional validity of statutory instruments are provided in-

83 / 100

Costs can be imposed in

84 / 100

A suit may be dismissed under Order 9 of Code of Civil Procedure, 1908:
1. Where the summons is not served upon the defendant in consequence of the plaintiffs failure to pay costs for service of summons.
2. Where neither the plaintiff nor the defendant appears.
3. Where plaintiff, after summons returned unserved, fails for 7 days to apply for fresh summons.
4. Where on the date fixed for hearing in a suit only defendant appears and he does not admit the plaintiffs claim.

85 / 100

Which of the following deals with service on agent in charge in suits for immovable property in the Code of Civil Procedure?

86 / 100

What the court can do when neither party appears when it is called for hearing?

87 / 100

Remedies available against an ex parte decree include-

88 / 100

Garnishee’ is a person who is:

89 / 100

On failure to file the written statement, under Order VIII, Rule 10 of Code of Civil Procedure the Court

90 / 100

Where a decree is to be sent to a Court in another state for execution, it has to be sent by:

91 / 100

Objection as to the place of suiting

92 / 100

If a right of a Liability is created by a statue, which of the following situation may arise.

93 / 100

The decree of Restitution of Conjugal Rights can be enforced under the following provision of Code of Civil Procedure;

94 / 100

Which of the following deals with summons to order defendant to produce documents relied on by him in the Code of Civil Procedure?

95 / 100

Under Order V, Rule 9(3) of Code of Civil Procedure, summon to defendant can be served through

96 / 100

A’ the tenant files a suit for permanent injunction against ‘B’ the landlord for not to be dispossessed except by due process of law pleading that ‘B’ is planning to forcibly dispossess him. During the pendency of above suit, ‘B’ attempts to forcibly disposes ‘A’. ‘A’ files another suit for injunction.

97 / 100

On the reversal of decree, which section imposes an obligation on the party to the suit who received an unjust benefit of the erroneous decree to make restitution to the other party for that he has lost?

98 / 100

Judgment-debtor means:

99 / 100

Where in order allowing amendment, no time is prescribed then amendment can be made from the date of order in

100 / 100

In an application under Order XXXVII, Rule 4 of Code of Civil Procedure for setting aside the ex-parte decree, the defendant has to show

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