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Code of Civil Procedure

Practice Test 19

1 / 96

Suit in respect of immoveable property, where the entire relief sought can be obtained through the personal obedience of the defendant, can be instituted in a court within whose local jurisdiction

2 / 96

Which of the following deals with the power of Supreme Court to transfer suits, etc. in the Code of Civil Procedure?

3 / 96

Under the provision of Civil Procedure Code plea of adverse possession is a defence available

4 / 96

A lets a house to B at a yearly rent of Rs. 10,000. The rent for the whole of the years 2006 to 2008 is due and unpaid. A sues B in 2009 only for the rent due for 2007.

5 / 96

Injunction is granted under which provision of the Civil Procedure Code, 1908 . . . . . . . .

6 / 96

Ram was dispossessed from his house by Shyam for a year. Ram files a suit for possession against Shyam but did not included claim for for damages in it. For claiming damages Ram:

7 / 96

Order 5, Rule 26 provides for summons to be served:

8 / 96

In execution of a decree for the maintenance, salary of a person can be attached to the extent of

9 / 96

The property which is not liable to attachment and sale in execution of decree:

10 / 96

A petition for review of judgement would lie only when-

11 / 96

Every suit by a minor shall be instituted in the name of

12 / 96

The Sections in the Code of Civil Procedure

13 / 96

An order to appoint Court Commissioner is sought for recording statements of witnesses in the proceedings filed for interim injunction under Order 39, Rule 1 and 2, Code of Civil Procedure

14 / 96

Petitions to the Supreme Court under Article 32 are subject to the rule of Res judicata except

15 / 96

Which one of the following does not find a place under the provision on Sec. 94, Code of Civil Procedure relating to supplemental proceedings?

16 / 96

An order of stay under Section 10 of the Code of Civil Procedure occurred. Then the court appointed a receiver after the stay of suit. Is it proper?

17 / 96

Issues can be altered

18 / 96

The power under section 152 Code of Civil Procedure can be exercised

19 / 96

Which of the following properties of the judgment debtor would be liable to attachment and sale in execution of decree?

20 / 96

Every suit shall be instituted in the court of the lowest grade competent to try it. This provision relates to

21 / 96

Every decree and order passed by the court is appealable. Is it true?

22 / 96

When a suit is filed against a minor represented by his guardian, the decree passed in the suit:

23 / 96

Which of the following deals with powers of Appellate Court in the Code of Civil Procedure?

24 / 96

Court of small causes, under section 3 of Code of Civil Procedure is subordinate to

25 / 96

Court fee on a plaint can be permitted to be paid on a subsequent date

26 / 96

Suit was filed on 20th November 2012 and it has been specifically pleaded that cause of action arose on 06th October 2012. Defendant appeared and without filing written statement he filed an application under Order 7 Rule 11 Code of Civil Procedure on the ground that suit is barred by Limitation. State what is the correct legal position?

27 / 96

A suit in respect of public charities is provided under

28 / 96

Which provision of the Code deals with joinder of causes of action:

29 / 96

In which of the following cases it was held that “The second appeal is permissible only if finding is perverse”?

30 / 96

At the stage of evidence counsel of plaintiff filed an application for adjournment which was rejected and suit was, dismissed for want of evidence. Plaintiff has a remedy to file

31 / 96

Which of the following deals with enforcement of liability of surety in the Code of Civil Procedure?

32 / 96

Under Order VII, Rule 14 of Code of Civil Procedure, the documents

33 / 96

On rejection of a suit under Order VII, Rule 11 of Code of Civil Procedure, a fresh suit on the same cause of action under Order VII, Rule 13 of Code of Civil Procedure

34 / 96

The date of decree is the date on which

35 / 96

In the Code of Civil Procedure, a Civil Court can direct attachment before judgment in respect of any property, in a proceeding pending before it, in accordance with the provisions which are contained in;

36 / 96

Revisional jurisdiction of the High Court arises when the subordinate court:

37 / 96

Costs for causing delay has been provided under

38 / 96

Which of the following provisions of the Code of Civil Procedure precludes a plaintiff from instituting a fresh suit?

39 / 96

The word ‘restitution’ used in section 144 of the Code of Civil Procedure means:

40 / 96

The time schedule contained in Order VIII, Rule 1 of Code of Civil Procedure is to be

41 / 96

In execution of decree against legal representatives, the liability of the legal representative under section 50 of Code of Civil Procedure

42 / 96

Ordinarily an amendment of pleading in a suit may be carried out by the contesting parties under Order VI Rule 17 of the Code of Civil Procedure 1908.The court may allow the amendment:
1. In case the changes carried out in the pleading do not change the relief claimed for.
2. At any stage of the suit.
3. Without imposing costs.
4. Of an application filed for interim relief.
Select the correct answer:

43 / 96

Order VIII Rule 1 of the Code of Civil Procedure mandates that the defendant shall file the written statement of his defence within:

44 / 96

The essential elements of a decree:

45 / 96

In which of the following cases cross-objections as between co-respondents can be permitted?

46 / 96

A’ files a suit for partition in the High Court of Delhi against her brother ‘B’. ‘B’ relies upon a Will executed by his father bequeathing the entire estate in his favour.

47 / 96

Which of following types of suit does not come under the scope of section 92 of the Code of Civil Procedure?

48 / 96

A suit for compensation for wrong done to the person or to movable property, where the wrong was done within the local jurisdiction of one court and the defendant resides within the local limits of another court-

49 / 96

“Mere production of a Photostat copy of a decree of a foreign court is not sufficient. It is required to be certified by a representative of Central Government in America” was held by the Supreme Court in:

50 / 96

Documents which are meant for cross-examining a witness of the other party or meant for refreshing the memory of the witness, may be produced

51 / 96

The court ordered for the attachment of agricultural produce. The judgment debtor continued the acts of husbandry, such as, cutting, gathering and storing the produce. Is this proper?

52 / 96

Under Section 13 of Code of Civil Procedure which of the following judgments shall not be conclusive?

53 / 96

A preliminary decree:

54 / 96

The object of oral examination under Order 10, Rule 2 of Code of Civil Procedure is-

55 / 96

Under which of the following provision of Code of Civil Procedure, 1908, a Court may permit the plaintiff to effect service of summons by hand upon defendant personally:

56 / 96

Pauper appeals have been provided

57 / 96

Under which provision, a pleader has a duty to inform the court about the death of parties:

58 / 96

Right to lodge a caveat under the Code of Civil Procedure, 1908 has been inserted in

59 / 96

The term “prescribed” under Section 2(16) of Civil Procedure Code, 1908 means

60 / 96

Period of detention in civil imprisonment under Order XXXIX, Rule 2A of Code of Civil Procedure shall not

61 / 96

Where any period is fixed or granted by the Court for doing an act prescribed by the Code of Civil Procedure, the Court may enlarge such period

62 / 96

Essential condition provided under section 100(1) of Code of Civil Procedure for preferring second appeal is

63 / 96

Plaintiff may bring fresh suitor Court may restore suit to file under which of the following in the Code of Civil Procedure?

64 / 96

The sentence passed by the criminal court against Nanavathi was pardoned by the Governor even though the case was pending in the Supreme Court. Was it proper?

65 / 96

Court may order any document to be impounded under which of the following in the Code of Civil Procedure?

66 / 96

Which of the following is true:

67 / 96

A judgment-debtor is arrested in execution of a decree for the payment of money and the Judgment-debtor pays the amount of the decree and the costs of the arrest to the officer arresting him, such officer-

68 / 96

In a civil suit, the issues are framed by the

69 / 96

The cross-examination of a witness in attendance whose Examination-in-Chief has been furnished by affidavit, under Order XVIII, Rule 4(2) of Code of Civil Procedure shall be taken

70 / 96

In a suit for possession by the landlord against his tenant, a sub-tenant is a

71 / 96

Under section 58 of Code of Civil Procedure, a person detained shall be released from the detention on the amount mentioned in the warrant of his detention being paid to;

72 / 96

Is it possible to attach a mortgage decree under Order 21, Rule 53?

73 / 96

Mesne profits as defined under section 2(12) Code of Civil Procedure means those profits which the person in wrongful possession of

74 / 96

Under Order XVIII, Rule 4(4) of Code of Civil Procedure, the objection raised during the recording of evidence by the Commissioner

75 / 96

Application under Order 9, Rule 7 of Code of Civil Procedure to set aside the order of ex parte proceeding may be filed

76 / 96

In the Code of Civil Procedure, an ex parte decree can be set aside:

77 / 96

Order 21 Code of Civil Procedure dealing with execution of decrees and orders contains:

78 / 96

After the passing of a decree for payment of money, on the application of the Judgment debtor, Court shall not order that payment of the amount of decree shall be made by instalments-

79 / 96

Following is not a ‘Public Officer’-

80 / 96

Under Order 8 Rule 6 Code of Civil Procedure set-off may be permitted if-

81 / 96

Under which one of the following provisions of Civil Procedure Code, a collector may be appointed ‘receiver’?

82 / 96

The object of discovery is:

83 / 96

Parties must file the list of witnesses within

84 / 96

Which of the following deals with suits against foreign Rulers, Ambassadors and Envoys in the Code of Civil Procedure?

85 / 96

In which of the following writs, the doctrine of res judicata is not applicable?

86 / 96

Where the summons to the defendant(s) is returned unserved and the plaintiff fails to apply for issuance of fresh summons to the defendant within 7 days of the return, the suit of the plaintiff is liable to be

87 / 96

While considering whether an amendment is to be granted or not

88 / 96

Legal representative under Section 2(11) of Code of Civil Procedure means a person who is a

89 / 96

Under section 100 of Code of Civil Procedure, a second appeal can be

90 / 96

Which of the following statements is incorrect:

91 / 96

Under Order XXXII, Rule 9 of the Code of Civil Procedure, a next friend of a minor can be removed:

92 / 96

In a case of breach of terms on which injunction was granted under Civil Procedure Code, 1908 the court may pass an order of

93 / 96

Under section 10, Code of Civil Procedure, 1908, a court during pendency of a suit before it

94 / 96

A’ granted an injunction restraining ‘B’ from use of a trade mark. ‘A’ alleged that ‘B’ had willfully disobeyed the injunction order. ‘B’ pleaded that he had no knowledge of the injunction order. Evidence was non conclusive. The Court shall order

95 / 96

Which of the following deals with the Execution of decrees passed by Revenue Court in places to which this Code does not extend in the Code of Civil Procedure?

96 / 96

In which of the following, it has been provided that unauthorized person shall not address the Court:

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