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Code of Civil Procedure

Practice Test 17

1 / 100

Order 7, Rule 10 to 10B provides for:

2 / 100

Discovery and Inspection and administering interrogatories is a procedure under

3 / 100

Which of the following suits is of civil nature?

4 / 100

All orders and notices served on or given to any person under the provisions of Civil Procedure Code shall be in writing has been provided under

5 / 100

Preliminary Decree can be passed in a suit

6 / 100

Order 42 of the Code of Civil Procedure deals with

7 / 100

All civil courts have jurisdiction to try-

8 / 100

Under . . . . . . . . redemption of mortgage can be sought by anyone of the legal representatives after death of mortgagor

9 / 100

An ex parte decree can be set aside:

10 / 100

Which of the following deals with the production of document on which plaintiff sues or relies in the Code of Civil Procedure?

11 / 100

A person who institutes a suit in foreign court and claims a decree in personam, after the judgment is pronounced against him:

12 / 100

Rules 6 to 10 of Order 39 of Code of Civil Procedure deal with

13 / 100

Money under a decree can be paid

14 / 100

Any party may address oral arguments in his case and before the conclusion of oral arguments can submit written arguments and such written arguments

15 / 100

A private transfer and delivery of property attached under section 64(2) of the Civil Procedure Code 1908 shall not be void:

16 / 100

Court not competent to execute the decree:

17 / 100

Revision Petition is not maintainable against the Interlocutory Orders is mentioned under which section of the Code of Civil Procedure

18 / 100

Objection to the territorial jurisdiction of a Court can be allowed if it is raised

19 / 100

Costs under section 35A of Code of Civil Procedure can be imposed

20 / 100

A witness who has already been examined can be recalled under Order 18, Rule 17 of Code of Civil Procedure

21 / 100

Guardian at litem’

22 / 100

Where an order for compensation against the plaintiff is passed under section 95 of Code of Civil Procedure, section 95(2) of Code of Civil Procedure provides that

23 / 100

An order refusing the leave to defend under Order XXXVII of Code of Civil Procedure can be

24 / 100

As per Order 2 Rule 1 Code of Civil Procedure, every suit shall as far as practicable be framed so as to:

25 / 100

Name the provision of the Code of Civil Procedure inserted by the Amendment Act, 1999, the object of which is to promote alternate method of dispute resolution:

26 / 100

The doctrine of res judicata under Section 11 Code of Civil Procedure, 1908 applies to:

27 / 100

A suit is dismissed wrongly on the ground of being barred by limitation. The order of dismissal would operate as res judicata and bar a subsequent suit on the same cause of action.

28 / 100

A files a suit for declaration that he is entitled to certain land as the heir of C. The suit is dismissed. Subsequently suit is claimed on the basis of adverse possession; subsequent suit is barred on the ground of

29 / 100

A decree for execution:

30 / 100

Which of the following deals with applications of sections 85 and 86 to Rulers of former Indian States in the Code of Civil Procedure?

31 / 100

Which of the following is the true meaning of the term Legal Representative under the Code of Civil Procedure 1908?

32 / 100

Which of the following, in respect of set-off is correct

33 / 100

Which of the following deals with the procedure where defendant only appears in the Code of Civil Procedure?

34 / 100

Subsistence allowance in respect of the person detained in civil imprisonment has to be paid by the

35 / 100

In which case it was held that the order passed under Section 151 restoring execution case dismissed by the Court while rejecting Decree-holder’s prayer for adjournment to take necessary steps, is neither appealable nor revisable-

36 / 100

Reading the amended Section 89 of the Code of Civil Procedure and the insertions of O. 10, which of the following conditions should be satisfied before matter could be referred to an Alternate Dispute Redressal?
1. Existence of elements of settlement in the opinion of the Court
2. The parties must share the opinion of the court
3. Formulation of the terms of settlement by the court
4. The court should invite the observation of the parties on the terms of settlement
5. Observations of the parties must be received by the court
6. If need be, reformulate the terms of settlement and refer the same for Alternate Dispute Redressal contemplated un section 89 of the Code of Civil Procedure

37 / 100

In cases where there are more than one defendant, a suit can be instituted in a court within whose local jurisdiction

38 / 100

Which of the following is not a supplemental proceeding?

39 / 100

According to Order 2 Rule 3 of Code of Civil Procedure, a plaintiff may unite in the same suit several . . . . . . . . against the same defendant.

40 / 100

Who among the following persons is not a public officer according to Section 2(17) of the Code of Civil Procedure, 1908?

41 / 100

Words ‘competent jurisdiction’ under Section 39 of Code of Civil Procedure refers to

42 / 100

Under the Civil Law the term ‘multifariousness’ means

43 / 100

In which of the following way if a former suit is dismissed, it could not be said of a matter that it was heard and finally decided?
1. For want of jurisdiction
2. For default plaintiff under Order
9 Rule 8.
3. For want of notice
4. On the ground of non-joinder
5. For want of cause of action

44 / 100

A’, an Indian citizen, enters into a contract with ‘B’, a US citizen based in the USA. Certain disputes arise under the contract, and ‘B’ files a suit in the matter in the civil court of New York. ‘A’ files a counter claim in the said suit. Subsequently, ‘A’ files a suit in the same matter in the jurisdictional Civil Court in New Delhi. Is the latter court barred from trying the suit?

45 / 100

Documents which are not admitted in evidence under Order XIII, Rule 7 of Code of Civil Procedure, shall

46 / 100

Civil Procedure Code: In normal course how many adjournment can be granted by Trial Court on sufficient cause?

47 / 100

Section 89 of the Civil Procedure Code, 1908 provides

48 / 100

What is the maximum amount of compensatory costs that can be awarded under Section 35A(2) of the Code of Civil Procedure, 1908?

49 / 100

Which of the following deals with arrest and detention in the Code of Civil Procedure?

50 / 100

A compromise which is voidable under Indian Contract Act, 1872 shall not be deemed to be . . . . . . . . within the meaning of Order XXIII Rule 3 of Code of Civil Procedure, 1908.

51 / 100

Principle of constructive res judicata is contained in

52 / 100

X’ files a suit against his sister ‘Y’ seeking partition of properties of their parents. ‘Y’ in her written statement admits the shares of ‘X’ and ‘Y’ in the properties as pleaded by ‘X’. The Court should:

53 / 100

Which of the following deals with summonses to be sent to officer of foreign countries in the Code of Civil Procedure?

54 / 100

The rule of res sub judice as provided in Section 10 of Civil Procedure Code:

55 / 100

During the execution proceedings, if a question arises as to whether any person is a representative of a party, such question shall be determined by

56 / 100

A judgment can be reviewed on the ground of

57 / 100

Which of the following statement is correct?
1. An appeal may lie from an original decree passed ex parte
2. No appeal shall lie from a decree passed by the Court with the consent of parties
3. No appeal shall lie on a question of law

58 / 100

For non-compliance of Section 80 of the Code of Civil Procedure:

59 / 100

Where immovable property is sold in execution of a decree and such sale has become absolute. When the property shall be deemed to have vested in the purchaser?

60 / 100

On which ground plaint can not be rejected?

61 / 100

The plaint shall be rejected in the following ground also:

62 / 100

Principle of res-subjudice is contained in

63 / 100

A decision on issue of law:

64 / 100

Issues mean

65 / 100

B’ a bank, under a scheme for grant of educational loan to females, grants a loan of Rs. 2,00,000/- to ‘A’. ‘A’ fails to repay the loan and ‘B’ files a suit for recovery thereof. During the pendency of suit, ‘A’ is married. ‘B’ does not take any steps within the prescribed time, to substitute the maiden name of ‘A’ with the married name of ‘A’ in the suit. The suit is decided in favour of ‘B’ and against ‘A’ in her maiden name:

66 / 100

What do the provisions of Section 11 of Civil Procedure Code deal with?

67 / 100

Attachment of property attached shall remain operative under Order 39, Rule 2A of Code of Civil Procedure for a period of:

68 / 100

Jurisdiction of High Court under section 100 of Code of Civil Procedure is to entertain a second appeal which

69 / 100

Which of the following deals with the copy of plaint annexed to summons in the Code of Civil Procedure?

70 / 100

In which of the following cases, the remedy of revision is not available?

71 / 100

Which of the following cannot be attached before judgment

72 / 100

Civil Procedure Code: A suit for partition of properties situated in different cities-

73 / 100

An application under Order IX, Rule 13 of Code of Civil Procedure can be made within

74 / 100

Where a plaintiff, who is ordered to appear in person, fails to appear, under Order IX, Rule 12 of Code of Civil Procedure, the suit of the plaintiff is liable to be

75 / 100

A suit is bad for non-joinder of a necessary party, as provided

76 / 100

The defendant is required within thirty days from the date of service of summons on him to present a written statement. However, if he fails to do so within the said period of thirty days, he shall be allowed to file the same on such other day as may be specified by the Court but not exceeding a period of;

77 / 100

Arrest of a person in execution of a decree has been provided

78 / 100

To compel the attendance of a person to whom a summon has been issued under Section 30 of Code of Civil Procedure, 1908, the court is empowered to impose upon him fine not exceeding . . . . . . . . rupees

79 / 100

Interpleader suit has been defined

80 / 100

Which of the following deals with the application for restitution in the Code of Civil Procedure?

81 / 100

Provision of Section 80 of Code of Civil Procedure is binding on

82 / 100

The general power to transfer suits under section 24 has been granted to:

83 / 100

Which of the following deals with proceedings to be held in camera in the Code of Civil Procedure?

84 / 100

Judgment on admission can be given

85 / 100

Inter-pleader suit can be filed when

86 / 100

Morgan Stanley Mutual Fund v. Kartik Das Case related to which of the following?

87 / 100

Temporary injunction granted after hearing the parties, shall be operative

88 / 100

Where an appeal from original decree is dismissed on the ground that it is time barred, then the best recourse and remedy available to the affected party is to

89 / 100

Suit for partition of properties situated in different cities:

90 / 100

A prayer for extension of time beyond the period of 90 days for filing the written statement

91 / 100

The defendant shall present his written statement within . . . . . . . . days from the service of summons upon him.

92 / 100

Which of the following is true

93 / 100

Right to appeal is to be governed by

94 / 100

Which of the following deals with letter of request in the Code of Civil Procedure?

95 / 100

Issues of law can be tried as preliminary issues, if it relates to

96 / 100

Section 35, 35A and 95 Code of Civil Procedure deals with three different aspects of the award of costs and compensation. The limit under each of the Section is enumerated below. Find the correct limit for award of cost and compensation:

97 / 100

Inter-pleader suit’ has been defined under which of the following Sections of the Civil Procedure Code?

98 / 100

Precept is:

99 / 100

Which of the following has been repealed by section 7 of the Code of Civil Procedure (Amendment) Act 66 of 1956 in the Code of Civil Procedure?
1. Section 68
2. Section 69
3. Section 70
4. Section 71
5. Section 72

100 / 100

Under Order X, Rule 1A of Code of Civil Procedure, the court can direct the parties to opt for anyone mode of alternate dispute resolution

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