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Code of Civil Procedure

Practice Test 18

1 / 100

Which of the following with the power of High Court to determine issues of fact in the Code of Civil Procedure?

2 / 100

Which of the following deals with style of foreign Rulers as parties to suits in the Code of Civil Procedure?

3 / 100

A person claiming a right to appear before the court may lodge a caveat under which provision of the Civil Procedure Code, 1908 . . . . . . . .

4 / 100

Which of the following deals with the exclusion of counter claim in the Code of Civil Procedure?

5 / 100

The assets held to be not available for the rateable distribution under Section 73 of the Code of Civil Procedure:

6 / 100

In set-off, court fee is

7 / 100

Which one of the following cases is on second appeal?

8 / 100

A suit for partition contains which of the following decree?

9 / 100

The nature of Revision under Code of Civil Procedure is that

10 / 100

Which is not a decree?

11 / 100

Which of the following deals with power of court to issue commissions in the Code of Civil Procedure?

12 / 100

In which of the following cases the Supreme Court held that delay in pronouncing the judgment amounts to denial of justice?

13 / 100

In which of the following ways section 73 differs from the corresponding section 295 of the Code of Civil Procedure, 1882?
1. The words, ‘where assets are held by a court,’ have been substituted for words, ‘whenever assets are realised by sale or otherwise in execution of a degree.’
2. The words, ‘before the receipt of such assets,’ have been substituted for the words, ‘prior to the realisation’
3. The words, ‘by which such assets are held’ are omitted after the words ‘made application to the court’
4. The word, ‘passed’ has been added after the word, ‘money’
5. The words, ‘interest in,’ in cl. (b) have been substituted for the words, ‘right against’ to bring the wording of that clause into line with the Transfer of Property Act, 1882. This is a mere verbal alteration

14 / 100

A plaintiff can file a second suit on the subject matter of an earlier suit filed by him:

15 / 100

Assertion (A): The rule of constructive res judicata is applicable to writ petitions.
Reason (R): Public policy considerations underlying res judicata also hold true in relation to writ proceedings.

16 / 100

Where a decree is passed against the Union of India or a State for the act done in the official capacity of the officer concerned, under Section 82 Code of Civil Procedure, execution shall not be issued on any such decree unless the decree remains unsatisfied for a period of

17 / 100

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

List I
List II

a. Objections to jurisdiction
1. Razia Begam v. Sahebjadi Anwar Begam

b. Addition of Parties
2. Kiran Singh v. Chaman Paswan

c. Constructive res judicata
3. American Cyanamid Co. v. Ethicon Ltd.

d. Temporary injunction
4. Workmen v. Board of Trustees, Cochin Port Trust

18 / 100

Certain topics under the Code of Civil Procedure are described hereunder in List-I while their Section/Order numbers are mentioned in List-Il, Match the entries of List-I and List-Il and write the correct answer:

List I
List II

a. Affidavit
1. Order 26

b. Arrest before Judgement
2. Order 33

c. Commission to examine witnesses
3. Order 19

d. Suit by indigent persons
4. Order 38

19 / 100

A . . . . . . . . is said to take place when the High Court calls for the record of any case decided by a subordinate court and passes an appropriate order.

20 / 100

In a suit for recovery instituted by A against B, despite the summons of suit having been duly served upon B, he did not appear on the date fixed in the summons on 1st March 1993. The court consequently on 1st March 1993 passed an ex parte order against B and listed the case for 3rd April 1993 for ex parte evidence of A.

21 / 100

Which one of the following modes of settlement of disputes outside the Court has been provided in Section 89 of Code of Civil Procedure?

22 / 100

Amendment allowed under Order VI, Rule 17 of Code of Civil Procedure must be carried on, in cases no time is fixed for carrying on the amendment, within

23 / 100

Which of the following combinations are correctly matched-
1. Equity of โ‡” Section 49 Code of Civil Procedure judgement debtor
2. Privileged โ‡” Section 29 Code of Civil Procedure documents
3. Legal โ‡” Section 50 Code of Civil Procedure representative
4. Pauper suit โ‡” Order 33 Code of Civil Procedure
Select correct answer:

24 / 100

Which of the following deals with non-compliance with order for discovery in the Code of Civil Procedure?

25 / 100

Attachment before judgment under Order XXXVIII, Rule 5 of Code of Civil Procedure can be in respect of

26 / 100

Under which provision of Code of Civil Procedure the court has jurisdiction to reject the plaint, which does not disclose a cause of action or where there is suppression of material fact.

27 / 100

A alleging that he is the adopted son of X, sues B to recover certain property granted to him by X, under a deed and forming part of X’s estate. The court finds that A is not the adopted son of X, but he is entitled to the property under the deed and a decree is passed for A. The finding that A is not the adopted son of X:

28 / 100

A suit filed on behalf of a minor can be

29 / 100

A party can amend his pleading as provided under:

30 / 100

Which of the provision of the Code of Civil Procedure, 1908 provides that the objection regarding territorial or pecuniary jurisdiction has to be raised at the first available opportunity?

31 / 100

Which of the following is not correct regarding the powers of Appellate Court?

32 / 100

Which of the following types of allegation constitute jurisdictional errors?

33 / 100

A suit dismissed under Order IX, Rule 8 of Code of Civil Procedure for non-appearance of the plaintiff can be restored under:

34 / 100

Order VII Rule 11 of the Code of Civil Procedure provides for

35 / 100

Where immovable property forms one estate situate within the local limits of the jurisdiction of two or more courts:

36 / 100

No evidence is required to be pleaded in:

37 / 100

Section 10 of the Code of Civil Procedure provides for

38 / 100

Which of the following deals with service on several defendants in the Code of Civil Procedure?

39 / 100

Maximum period of detention where the decree is for more than Rs. 5,000 is

40 / 100

A decree shall not operate as resjudicata when

41 / 100

The provisions relating to particulars of the written statement and counter claim is in:

42 / 100

If court is satisfied that a case pending before it involves a question as to validity of any Act, the Court should

43 / 100

Counter claim and set off is under

44 / 100

Where the serving officer delivers or tenders a copy of the summons to the defendant personally or to his agent, he must require such a person to sign an acknowledgement of service to be endorsed on the original summons. Then:

45 / 100

Under which explanation of Section 11 of the Code of Civil Procedure, 1908, Constructive Res Judicata has been explained?

46 / 100

The doctrine of constructive res judicata is explained in:

47 / 100

Right to appeal from every original decree has been provided under

48 / 100

The principle of Res Judicata

49 / 100

Decree for payment of money passed against a woman cannot be executed:

50 / 100

Under Order IX, Rule 4 of Code of Civil Procedure a suit can be restored if dismissed

51 / 100

In a suit for partition three defendants were set ex parte. Preliminary decree was passed. On the application of one of the three defendants the Court set aside the decree as against all the defendants. The order of the court is

52 / 100

Which of the following deals with power to order any point to be proved by affidavit in the Code of Civil Procedure?

53 / 100

Under Section 47 of the Code of Civil Procedure, which question does not relate to the execution, discharge or satisfaction of decree?

54 / 100

Abatement of proceedings is governed

55 / 100

The sections of the Code of Civil Procedure, 1908 can be amended by the

56 / 100

Which of the following deals with order to apply to minors in the Code of Civil Procedure?

57 / 100

The Court may impose a fine for default upon a person required to give evidence or to produce documents directed under Section30(b) of Code of Civil Procedure, and such fine as per Section 32(c) is not to exceed

58 / 100

Code of Civil Procedure: The appellant does not appear when the appeal called on for hearing, in that circumstances which is correct of the following statement

59 / 100

A residing in Delhi publishes in Kolkata statements defamatory of B. B may sue A in

60 / 100

Who establishes a court of session?

61 / 100

Which one of the following sections of the Civil Procedure Code, 1908 deals with the essence of this code that “Objections as to local or pecuniary jurisdiction shall be raised at the first opportunity”

62 / 100

Dasti summons for service on the defendant can be given to the plaintiff under:

63 / 100

Under Section 115 of the Civil Procedure Code, revision may lie to

64 / 100

Under Code of Civil Procedure which one of the following is liable to attachment and sale in execution of a decree?

65 / 100

The principle of ‘constructive res judicata’ has been provided under which Section of the Code of Civil Procedure, 1908?

66 / 100

On the retirement, removal or death of a next friend, under Order, XXXII, Rule 10 of Code of Civil Procedure, the suit is liable to be

67 / 100

The Court can issue a Commission for Scientific investigation under

68 / 100

Under Order IV, Rule 1(3) of Code of Civil Procedure, a plaint shall not be deemed to be properly instituted if it does not comply-with the rules contained in

69 / 100

Which of the following deals with the publication of rules in the Code of Civil Procedure?

70 / 100

On the ground of jurisdiction, under section 13 of Code of Civil Procedure

71 / 100

Under Section 80 of Civil Procedure Code-

72 / 100

The rule of res judicata is based on the principle that:

73 / 100

What duration formally under Civil Procedure Code, 1908 has been assigned to submit the written statement after the date of service of summons?

74 / 100

In law, the term ‘restitution’ is used in which of the following senses?

75 / 100

Under Code of Civil Procedure 1908, if the court finds at any stage that it has no pecuniary jurisdiction with respect to the subject matter of the suit, it will

76 / 100

A decision or finding given by a Court or a Tribunal without jurisdiction:

77 / 100

Private alienation of property after attachment under the Code of Civil Procedure, 1908 shall be void according to

78 / 100

If the appeal is heard by a single judge bench of a High Court, where does further appeal lie

79 / 100

Where a suit plaint seeking relief of possession of an immovable property is rejected under Order VII Rule 11 Code of Civil Procedure, whether filing of a fresh suit is barred?

80 / 100

Provisions with regard to res judicata are provided in Section . . . . . . . . of the Code of Civil Procedure, 1908.

81 / 100

Issues in a civil suit are framed:

82 / 100

A suit for damages for breach of contract can be filed at a place:

83 / 100

With respect to the principle of res-judicata which of the following is not correct

84 / 100

Who has right to make an application for amendment of judgements and orders under Section 152 of Code of Civil Procedure

85 / 100

During the period of conclusion of hearing and the pronouncing of the judgment, if either party dies, under Order 22, Rule 6 of Code of Civil Procedure

86 / 100

Civil Procedure Code, 1908 is not applicable to which of the following namely

87 / 100

Under Order 40, rule 1 of Code of Civil Procedure, a receiver can be appointed

88 / 100

Summons to be either to settle issues or for final disposal are dealt under:

89 / 100

How many time period can be extended in aggregate by the court under Rule 5 of Order XXVII of the Code of Civil Procedure, 1908?

90 / 100

Which one of the following under Code of Civil Procedure is not correctly matched:

91 / 100

Complete the statement- A Court cannot issue commission:

92 / 100

Order XII, Rule 6, permits the court to pass judgment on the basis of statement made by the parties

93 / 100

(A) Women, who due to the customs and manners of the country, ought not be compelled to appear in public are exempted from personal appearance in Court. (B) However nothing shall be deemed to exempt such women from arrest in execution of civil process in any case in which the arrest of women is not prohibited by the Code of Civil Procedure.

94 / 100

Second appeal before the High Court is entertained on:

95 / 100

For the examination of a person who is a resident within the local limits of jurisdiction of a court, commission

96 / 100

A agrees to sell his property to B for Rs. 2,000 to be paid to A on the execution of the conveyance. The purchase- money payable to A is not a ‘debt’ owing to him by B until the conveyance is executed.

97 / 100

A court may issue a commission to:

98 / 100

The term ‘mesne profit’ has been defined under which Section of the Code of Civil Procedure, 1908?

99 / 100

On production of a certified copy of the foreign judgment, the presumption as to the competency of the court, under section 14 of Code of Civil Procedure is a:

100 / 100

In an Inter-pleader suit, the plaintiff claims:

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