/100 Code of Civil ProcedurePractice Test 20 1 / 100The provisions regarding ‘friendly suits’ are in: Section 90, Order 36 of the Code of Civil Procedure Order 34 of the Code of Civil Procedure Section 88, Order 35 of the Code of Civil Procedure Order 33 of the Code of Civil Procedure 2 / 100“At times proceedings are adjourned sine die on account of stay. Even after stay is vacated, intimation is not received and proceedings are not taken up. In an attempt to remedy this, situation, we consider it appropriate to direct that in all pending cases where stay against proceedings of a civil or criminal trial is operating, the same will come to an end on expiry of six months from today unless in an exceptional case by a speaking order such stay is extended”. This observation was made by the Supreme Court recently in which one of the following cases: State of Karnaiaka by its Chief Secretary v. State of Tamil Nadu by its Chief Secretary & Ors. (2018) 4 SCC 1 Chand Devi Daga & Ors. v. Manju K. Humatani & Ors. (2018) 1 SCC 71 Asian Resurfacing of Road Agency Pvt. Ltd, v. Central Bureau of Investigation 2018 (5) SCALE 269 Board of Control for Cricket in India v. Kochi Cricket Pvt. Ltd. 2018 (d) SCALE 502 3 / 100Under Section 148 of the Code of Civil Procedure, the Court has power to enlarge time: Not exceeding 60 days in total Not exceeding 30 days in total As may be appropriate in the facts and circumstances of the suit Not exceeding 90 days in total 4 / 100Under Code of Civil Procedure the provision of notice before instituting a suit against the Government is given in Section 80 Section 180 Section 6 Section 21 5 / 100Ordinarily, the judgment shall be pronounced as provided under Order XX, Rule 1 of Code of Civil Procedure, within 30 to 45 days of hearing 15 to 30 days of hearing 30 to 60 days of hearing 5 to 15 days of hearing 6 / 100The Supreme Court of India has laid down the law relating to Alternative Dispute Resolution processes and Section 89 of the Code of Civil Procedure in the case of: Bimlesh v. New Delhi Assurance Co. Standard Chartered Bank v. V. Noble Kumar Dinesh Kumar v. Yusuf Ali Afcon Infrastructure Ltd. v. Cherian Varkey Construction Co. 7 / 100Examination de bene esse, under Order 18, Rule 16 Code of Civil Procedure means: The court may at any stage of a suit make local inspection and make a memorandum of any relevant fact Examination of a witness before the hearing Examination of a witness after the hearing Witness disabled by any reasons authorizes other person acquainted with facts to depose on his behalf 8 / 100Under section 47 of Code of Civil Procedure parties to the suit means The auction purchaser in execution of decree The parties themselves The representatives of the parties All the above 9 / 100The authority to annul, alter or add to the rules in the First Schedule of the Code of Civil Procedure rests with the; Supreme Court with the previous approval of rules by the Central Government High Court High Court with the previous approval of rules by the State Government State Government 10 / 100Court can direct the parties to opt for anyone mode of alternative dispute resolution in Civil Procedure Code, 1908 Under Order X, Rule 1B Under Order X, Rule 1A Under Order XI, Rule 1 Under Order X, Rule 1C 11 / 100Section 11 of the Code of Civil Procedure contains: Six Explanations Five Explanations Seven Explanations Eight Explanations 12 / 100A’, a resident of Delhi, files a suit at Delhi for infringement of Trade Mark by ‘B’, a resident of Mumbai, for using the Mark at Mumbai. The court at Delhi has jurisdiction The court at Delhi has jurisdiction only if 'A' does not have an office in Mumbai The court at Delhi has jurisdiction with leave of court The court at Delhi has no jurisdiction because 'B' is a resident of Mumbai and cause of action has arisen in Mumbai 13 / 100The plaintiff wants to claim some reliefs in a subsequent suit. He requires leave under which of the following provisions of the Code of Civil Procedure? Order II Rule 3 Section 20 Section 80(2) Order I Rule 8 14 / 100Which Section of the Code of Civil Procedure provisions for Right to lodge a ‘Caveat’? Section 148A Section 148 Section 153A Section 153B 15 / 100Which of the following deals with particular interrogatories to be submitted in the Code of Civil Procedure? Order 13, Rule 22 Order 4, Rule 13 Order 11, Rule 2 Order 6, Rule 10 16 / 100Under Civil Procedure Code find the incorrect match: Section 9 ⇔ Pecuniary Jurisdiction of Courts Section 8 ⇔ Presidency Small Causes Courts Section 7 ⇔ Provincial Small Causes Court Section 5 ⇔ Revenue Court 17 / 100Which of the following deals with judgment and decree in the Code of Civil Procedure? Section 30 Section 25 Section 29 Section 33 18 / 100Select the correct statement A suit can be filed to enforce a negative covenant when no specific performance of an agreement can be granted only if the negative covenant is in terms of a duly registered agreement before a Sub-Registrar under the Registration Act A suit to enforce negative covenant can be filed, even if specific performance of the agreement cannot be sought, only if the suit to enforce the negative covenant is filed only before the High Courts of Delhi, Kolkata, Mumbai or Chennai A suit can be filed to enforce the negative covenant contained in an agreement even if the specific performance cannot be granted provided that the plaintiff has not failed to perform all of his obligations under the agreement A suit can be filed to enforce negative covenant/agreement even if a specific performance cannot be granted provided the agreement pertains to an immovable property only 19 / 100Under which provision of Civil Procedure Code, a High Court can transfer any case? Section 24 Section 20 Section 12 Section 15 20 / 100All questions arising between the parties to the suit or their representatives to the execution, discharge or satisfaction of the decree shall be determined by The Court executing the decree The Court which passed the decree A separate suit The Court to which an appeal against the decree lies 21 / 100Which of the following deals with power of High Court to require evidence to be recorded in English in the Code of Civil Procedure? Section 138 Section 140 Section 133 Section 132 22 / 100Provisions of Section 80 of Code of Civil Procedure are binding on The Court of a Civil Judge All of the above The High Court The Court of District Judge 23 / 100As provided in Section 79 of the Code of Civil Procedure a suit by the Central Government must be filed in the name of Union of India Attorney General of India The President of India Prime Minister of India 24 / 100A owes B Rs. 100. B sues A for the amount, having made no demand for payment and having no reason to believe that the delay caused by making a demand would place him at a disadvantage. On the plaint being filed, A pays the money into Court. B accepts it in full satisfaction of his claim. Both A and B None of these The litigation being presumably groundless on his part The Court should not allow him any costs 25 / 100Under section . . . . . . . . clerical and arithmetical mistakes in judgments can be rectified 153A Code of Civil Procedure 153 Code of Civil Procedure 150 Code of Civil Procedure 152 Code of Civil Procedure 26 / 100Who is necessary party in Madhya Pradesh under order 1 rule 3B Code of Civil Procedure, 1908 by local amendment? Local Body The State of Madhya Pradesh through Commissioner State Government Collector of concern District 27 / 100When the defendant is proceeded ex parte after filing written statement: The defendant cannot participate in future proceedings The defendant can participate in future proceedings The plaintiff has option to allow the defendant to participate The defendant to participate in future proceedings must ask for setting aside of the ex parte order 28 / 100Substitution of the legal representatives of either party, in case of death, is permissible When the right to sue may or may not survive When the right to sue survives When the right to sue does not survive All the above 29 / 100Under Order VI, Rule 17 of Code of Civil Procedure, an application for amendment of pleadings can be allowed After the commencement of trial None of the above Before the commencement of trial Either before or after the commencement of trial 30 / 100The plaint shall not be rejected in one of the following conditions: Where the suit appears from the statement in the plaint, to be barred by law Where the relief claimed in undervalued and it is not corrected after the order of Court Where it is not submitted by an advocate Where it does not disclose a cause of action 31 / 100Under Code of Civil Procedure, pleading does not include Written Statement Material Facts Evidence Plaint 32 / 100Default in filing of written statement has been dealt with Under Order VIII, Rule 10 of Code of Civil Procedure Under Order VIII, Rule 7 of Code of Civil Procedure Under Order VIII, Rule 9 of Code of Civil Procedure Under Order VIII, Rule 8 of Code of Civil Procedure 33 / 100For issuance of commission, section 75 is None of the above Exhaustive Illustrative Prohibitory 34 / 100The rule of ‘res-judicata’ is not applicable in the writ of: Prohibition Habeas Corpus Mandamus Quo-warranto 35 / 100Which one of the following statement is incorrect regarding the compromise under Order 23, rule 3 of Civil Procedure Code? It is required that subject matter of the compromise is the same as the subject matter of the Suit A compromise which is voidable under the Indian Contract Act shall also voidable within the meaning of this Rule Must be in writing and signed by the party Must be in writing and need to be lawful agreement 36 / 100In which one of the following cases, it is held that “Inherent powers has not been conferred on a court, it is a power inherent in a court”? P. C. Jairath v. Amrit Jairath Satyabrat Biswas v. Kalyan Kumar Kisku Rajni Bai v. Kamla Devi Manohar Lal v. Seth Hiralal 37 / 100A foreign judgment may not be conclusive if it has not been given on the merits of case Only true is matrimonial cases Only true in criminal cases Is a true fact Not a true statement 38 / 100Which of the following amendments can be allowed under Order VI, Rule 17 of the Civil Procedure Code 1908? Amendment for correcting the misdescription of property Amendment for granting relief on the basis of different approaches to the same facts Amendment taking note of subsequent events All of the above 39 / 100A sues B for rent; B pleads abatement of rent on the ground that the area is less than that entered in the lease. The court finds that the area is greater than that shown in the lease. The finding as to the excess area is not res judicata for it is only ancillary to the direct and substantial issue whether the area is equal to that shown in the lease; or less The finding as to the excess area is not res judicata for it is ancillary to the direct and substantial issue whether the area is equal to that shown in the lease; or less The finding as to the excess area is res judicata for it is ancillary to the direct and substantial issue whether the area is equal to that shown in the lease; or less None of these 40 / 100Affidavit in answer to interrogatories shall be filed Within 10 days of the order Within 7 days of the order Within 14 days of the order Within 15 days of the order 41 / 100Defendant can claim temporary injunction in a suit filed by the plaintiff To prevent the plaintiff from dispossessing defendant from the suit properly All of the above To prevent the plaintiff from causing any legal injury to the defendant To prevent the suit property being alienated or damaged 42 / 100Books of account Are liable to attachment and sale in execution of a decree Are not liable to attachment and sale in execution of a decree Can be the sole evidence to decide a suit Are no evidence in the eye of law 43 / 100During proceeding for execution of a decree, if a question arises as to whether any person is or is not the representative of a party, such question shall be determined by The court which passed the decree The court executing the decree The Appellate Court A separate suit 44 / 100Jurisdiction lies to the court where the property immovable in nature falls Both A and B Only to High Court Substantially in jurisdiction Particularly in jurisdiction 45 / 100An order passed under Order XXXIX, Rule 1 Code of Civil Procedure can be challenged by filing A revision petition A writ petition None of these An appeal 46 / 100Under Section 2(9) of the Code of Civil Procedure ‘Judgement’ means: Order Statement on grounds of a decree or order Decree Decree and order 47 / 100A plaint is liable to be returned, when Relief is undervalued in the plaint Plaint is not filed in duplicate Plaint is on an insufficiently stamped paper Plaint is filed in a court having no jurisdiction 48 / 100Which of the following statements is most appropriate? Only A is correct and B is incorrect The institution of the appeal does not by itself operate as stay of the decree appealed against Both A and B are correct The appellate court has the power to stay the execution of the impugned decree 49 / 100A person who is appointed to protect the disputed property is known as Receiver A pauper Commissioner A judgement debtor 50 / 100Under the principle of res-subjudice The previous suit has to be stayed The second suit has to be stayed Either A or B depending on the facts and circumstances of the case Either A or B depending on the valuation of the suit for the purposes of jurisdiction 51 / 100In a commercial suit, the time limit of 120 days for filing of written statement Can be extended with imposition of heavy costs Can be extended, if the Defendant shows adequate reasons for non filing Cannot be extended under any circumstances Can be extended at the discretion of the Court 52 / 100Under Order IV, Rule 1, sub-rule (1) of Code of Civil Procedure, a suit is instituted when Either A or B or C A plaint in triplicate is presented to the court A plaint in duplicate is presented to the court A plaint is presented to the court 53 / 100Which of the following does not include in the definition of ‘decree’ given under Code of Civil Procedure, 1908 Any order of dismissal for default None of the above Rejection of a plaint Determination of question under Section 144 of the Code of Civil Procedure 54 / 100The plaints in bank suits should specifically disclose which of the following ingredients? An averment that in the statement of account, the debits regarding interest and other charges are in accordance with the terms of contract and Reserve Bank of India directive All of these The rate of interest charged from time to time from the date of loan to date of suit The rates of interest permissible as per circular/directives of Reserve Bank of India for the corresponding period 55 / 100Which of the following deals with where neither party appears, suit to be dismissed in the Code of Civil Procedure? Order 9, Rule 3 Order 6, Rule 10 Order 4, Rule 13 Order 10, Rule 22 56 / 100Which is the correct statement in context of summary procedure for civil suits? All these statements are not correct May be applied suo motu by any civil court in its discretion in the interest of expeditious adjudication Requires the defendant to seek leave to defend which, if granted, must be unconditional May be invoked for recovery of a liquidated demand in money payable by the defendant arising out a written contract 57 / 100Interrogatories shall be answered as provided under Order XI, Rule 8 of Code of Civil Procedure On a simple application On an affidavit All of the above By filing the documents 58 / 100An application for substitution of the legal representatives of a defendant lies Under Order XXII, Rule 3 of Code of Civil Procedure Under Order XXII, Rule 4 of Code of Civil Procedure Under Order XXII, Rule 5 of Code of Civil Procedure Under Order XXII, Rule 4A of Code of Civil Procedure 59 / 100A revision under Section 115 of the Civil Procedure Code 1908 shall not operate as a stay of suit or on other proceedings before the court except where such suit or other proceeding is stayed by: The Appellate Court District and Sessions Court The High Court The Supreme Court 60 / 100A notice in writing under Section 80 of the Civil Procedure Code has to be given to the: Secretary to Central Government in case of suit against that Government A and C both President of India in case of suit against the Central Government Secretary of Railways, in case of suit against Central Government involving railways 61 / 100Which of the issues under Order XIV, Rule 2 of Code of Civil Procedure can be tried as preliminary issues Issues of fact Issues of law Issues of fact and law Both B and C 62 / 100Under Code of Civil Procedure, Preliminary Decree can be passed in A suit for possession and mesne profit A suit for dissolution of partnership A suit for partition All of these 63 / 100An appeal from a decree passed in appeal has been provided Under section 99 of Code of Civil Procedure Under section 100 of Code of Civil Procedure Under section 98 of Code of Civil Procedure Under section 97 of Code of Civil Procedure 64 / 100A receiver appointed in respect of any property under Order XL of Code of Civil Procedure Has a right to deal with the property without the leave of the court Has a right to deal with the property, the way he likes generally Both A and C Has a right to deal with the property only with the leave of the court 65 / 100A fresh suit in respect of the same cause of action is permissible Where a suit is dismissed under Order 9, Rule 8 Where the suit abates under Order 22, Rule 3(2) Where a suit is dismissed under Order 9, Rule 3 Where the plaintiff abandons the suit under Order 23, Rule 1(1) 66 / 100Which of the following deals with the frame of suit in the Code of Civil Procedure? Order 3, Rule 3 Order 6, Rule 2 Order 2, Rule 1 Order 8, Rule 1 67 / 100A sues B for recovery of possession of certain immovable property. The defence is that B is the full owner of the property. Pending the suit, B is adjudged insolvent and his estate vests in the official assignee. Because the order of adjudication operates: Either A or B As a statutory transfer of the interest of the insolvent in the subject-matter of the suit to the official assignee As a non-statutory transfer of the interest of the insolvent in the subject-matter of the suit to the official assignee None of these 68 / 100The propositions are: Under Order XVIII, Rule 2 of Code of Civil Procedure 1. Written arguments can be filed before the conclusion of oral arguments 2. A copy of the written arguments shall be punished simultaneously to the other party 3. Adjournment shall be granted generally for the purpose of filing the written arguments 4. the Court cannot fix any time-limit for oral arguments Which of the following is correct in respect of the aforesaid propositions: 1 and 3 are correct, 2 and 4 are incorrect 1 and 2 are correct, 3 and 4 are incorrect 3 and 4 are correct, 1 and 2 are incorrect 1 and 4 are correct, 2 and 3 are incorrect 69 / 100Section 115 of the Code of Civil Procedure applies to: All of the above Non-exercise of jurisdiction vested in a court Exercise of jurisdiction not vested in a court Irregular exercise of jurisdiction vested in the court 70 / 100Which of the following is not the requirement for stay of suit under Section 10 of the Code of Civil Procedure? That prior suit must be pending in the same court or in any court in India, having jurisdiction to grant the relief claimed That parties to both the suits must be the same That the matter in issue in the second suit must be directly and substantially in issue in prior suit That where the previously instituted suit is pending, such court is of competent jurisdiction to grant the relief claimed in subsequent suit 71 / 100What is not correct about the recording of evidence under order 18 rule 4 of Code of Civil Procedure? The District Judge shall prepare a panel of commissioner to record the evidence The admissibility of document which are filed alongwith affidavit shall be determined by the commissioner For cross examination the commissioner shall be appointed The examination in chief of a witness shall be on affidavit 72 / 100List of witnesses, after settlement of issues, must be filed within 45 days 15 days 60 days 30 days 73 / 100The expression, “Each party shall bear his own costs” implies that Both the parties are to be deprived of costs Both the parties are entitled to cost from each other Both the parties are not entitled to cost from each other Both the parties are not to be deprived of costs 74 / 100The provisions of O. 17, r 3 does not apply unless: 1. The hearing is adjourned on the application of a party to the suit, as distinguished from an adjournment by the court of its own motion 2. The hearing is adjourned on the application of the party who subsequently makes the default 3. The adjournment is granted to enable the party to produce his evidence, or to cause the attendance of his witness, or to perform any other act necessary to the further progress of the suit 4. The party fails to perform any of the acts for which the adjournment was granted within the time allowed by the court 3, 4 1, 2, 4 All of these 2, 4 75 / 100Which section under the Civil Procedure Code, 1908 deals with the settlement of disputes outside the court? Section 98 Section 88 Section 99 Section 89 76 / 100Even an indigent person too has been provided right to appeal by the Code of Civil Procedure, 1908 in Order 24 Order 44 Order 34 Order 43 77 / 100Under which Section of the Civil Procedure Code a second appeal can be filed Section 100A Section 100 Section 99A Section 99 78 / 100Withdrawal of suits is governed by Order XXIII, Rule 3 of Code of Civil Procedure Order XXIII, Rule 1 and Rule 3 of Code of Civil Procedure Order XXIII, Rule 3A of Code of Civil Procedure Order XXIII, Rule 1 of Code of Civil Procedure 79 / 100Who amongst the following is not a legal representative Both A and C An intermeddler A trespasser A creditor 80 / 100A legal representative under the Code of Civil Procedure means: All of the above A person, who in law represents the estate of the deceased A relative of parties to the suit A co-sharer of the benefits arising to the parties to the suit 81 / 100Under Order XVI, Rule 1, sub-rule (4) summons may be obtained by the parties within . . . . . . . . of presenting the list of witnesses 9 days 7 days 5 days 10 days 82 / 100A document was in the joint possession of X and Y. In a suit between Y and Z, Z requested the court for the discovery of that document. Y informed the court about the nature of the document and also stated that X is not consenting to produce the document. Z requested the court to compel Y for the production of the document as it is in the joint possession. Decide whether the court will compel Y for the production of the document. Facts are not sufficient to decide Yes None of the above No 83 / 100In which of the following case Sir Laurence Jenkins has observed that lithe rule of res judicata, while founded on account of precedent, is directed by a wisdom which is for all times”? Sheopersan v. Ramanand Singh Lal Chand v. Radha Kishan Sulochana Amma v. Narayanan Nair Pandurang Ramachandra v. Shantibai 84 / 100Which of the following deals with power of Court to permit a person or body of persons to present opinion or to take part in proceedings? Order 3, Rule 3A Order 1, Rule 8A Order 5, Rule 2B Order 4, Rule 6A 85 / 100Under Order 32, Rule 10 of the Code of Civil Procedure on the death of ‘next friend’, the suit shall be Dismissed or rejected Stayed Dismissed Rejected 86 / 100Where a dispute is referred by the court under section 89 of Code of Civil Procedure, for mediation the proceedings shall be governed by The provision of the Arbitration and Conciliation Act, 1996 The provision of the Legal Services Authority Act, 1987 Either A or B Neither A nor B 87 / 100Jurisdiction of a court is decided by: All of the above Pecuniary value of the suit Subject-matter of the dispute Place where the dispute arose 88 / 100Original documents can be returned to the party producing it Only B and C are correct After the disposal of appeal, if preferred After the suit is over After the period of limitation for filing the appeal, if no appeal is preferred 89 / 100In cases where the amount or value of the subject matter of the suit does not exceed fifty rupees, the period of detention under Order XXXVIII, Rule 4 of Code of Civil Procedure cannot Exceed two months Exceed two weeks Exceed three months Exceed six weeks 90 / 100When proper Court fees is not paid by the plaintiff, the Court shall- The Court shall send a report to the government None of the above Shall grant time to the plaintiff to pay deficit Court fees Reject the plaint 91 / 100Provisions of Section 39 of Code of Civil Procedure are: None of the above Mandatory and discretionary Permissive and not mandatory Mandatory and not permissible 92 / 100No order under section 47 to be refused or modified unless decision of the case is prejudicially affected under which of the following in the Code of Civil Procedure? Section 101B Section 99A Section 90A Section 95A 93 / 100The rule of constructive res judicata is- A rule of equity A product of judicial interpretation A part of Supreme Court rules Contained expressly in Code of Civil Procedure 94 / 100What does ‘Pauper Suit’ mean? Suit by public servant Suit by indigent person Suit by legal representative Suit by third party 95 / 100Civil Procedure Code: Principle of resjudicata does not apply To dismissal under Order 17, Rule 3 To Interlocutory Orders To ex-parte judgement To Writ of Habeas Corpus 96 / 100Inherent powers conferred under Section 151 of the Code of Civil Procedure, 1908, may be exercised by the District Court only Supreme Court, High Court, District Court as well as by any Civil Court High Court only Supreme Court only 97 / 100Attachment before judgment can be ordered Under Order XXXVIII, Rule 5 of Code of Civil Procedure Under Order XXXVIII, Rule 3 of Code of Civil Procedure Under Order XXXVIII, Rule 7 of Code of Civil Procedure Under Order XXXVIII, Rule 1 of Code of Civil Procedure 98 / 100A suit was instituted impleading the defendants in a representative capacity. Publication of the notice of the suit was made in a leading daily as directed by Court while granting permission under Order I, Rule 8. Later on the suit happened to be dismissed for default. Plaintiff filed application under Order IX, Rule 9 to restore the suit. Is it necessary to direct publication of the notice regarding the restoration application also in a leading daily to have effective service on all the persons interested? No Yes, but only when such suit is either to be withdrawn or compromised Yes, but only when leave is to be obtained In both the conditions mentioned in B and C 99 / 100‘Set-off’ can be claimed In a suit for possession In both A and B In any suit In a recovery of money suit 100 / 100Civil Procedure Code: Suit against Government shall not be instituted until the expiration of One month next after notice in writing has been delivered Two month after notice in writing has been delivered Six month after notice in writing has been delivered Three month after notice in writing has been delivered Thank you for completing your free MCQ practice test! To stay updated on upcoming tests, please provide your name and email below. 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