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Code of Civil Procedure

Practice Test 6

1 / 100

In a suit, plaintiff himself wishes to appear as a witness. Without any permission of Court, he may so appear-

2 / 100

An attachment made before judgment in a suit which is dismissed for default-

3 / 100

Where the appeal prepared against a decree passed ex parte has been withdrawn, an application under Order IX, Rule 13 of the Code of Civil Procedure shall:

4 / 100

Proceedings by which a decree holder seeks to recover money or property of judgment debtor in the hands of third party is known as

5 / 100

No order for detention of the judgment debtor in civil prison in execution of a decree for the payment of money shall be made where the total amount of the decree does not exceed

6 / 100

Review of a judgment has been provided

7 / 100

Which is not correct in respect of powers of the appellate court:

8 / 100

The decrees or orders made by Small Causes Court are revisable by

9 / 100

By which of the following act section 148 A (Right to lodge caveat) was inserted in the code of civil procedure 1908?

10 / 100

Jurisdiction of civil court can be barred

11 / 100

Under Order VI Rule 17 of the Code of Civil Procedure, the court can allow to alter or amend the proceedings to

12 / 100

What is res-judicata?

13 / 100

An ex-parte decree can be set aside on the ground of

14 / 100

The Court shall not grant temporary injunction where:

15 / 100

The Commissioner appointed for recording evidence in a civil suit cannot do which one of the following acts under Order XVIII Rule 4 of the Code of Civil Procedure, 1908?

16 / 100

Court may make order for the payment of Compensatory costs from any party submitting false, claim or defence:

17 / 100

Under which provision, Decreed amount may be directed for payment in instalments after passing the decree?

18 / 100

Where a suit is abated or dismissed under Order 22 of Code of Civil Procedure on the same cause of action

19 / 100

“Decree” means

20 / 100

A ‘next friend’, under Order XXXII, Rule 8 of Code of Civil Procedure can retire

21 / 100

Under Order 33, an indigent is allowed to prosecute any suit, provided he satisfied certain conditions. Which of the following is not such a condition?

22 / 100

A holds a decree against B for Rs 1,000. B holds a decree against A for the payment of Rs 1,000 in case A fails to deliver certain goods at a future day.

23 / 100

Under which of the following provisions of the Code of Civil Procedure, the Particulars of set-off are to be given in the written statements?

24 / 100

A suit to obtain an urgent or immediate relief against the Government or any Public Officer may be instituted in respect of an act purporting to be done by public officer in his official capacity

25 / 100

In every plaint, under Section 26 of Code of Civil Procedure, facts should be proved by

26 / 100

Under which of the following provisions of the Code of Civil Procedure, the Prisoner is required to be brought to Court in custody?

27 / 100

The words ‘it appears to the Central Government’ which is the consenting authority in section 86 of the Code of Civil Procedure makes it clear that:

28 / 100

Which one of the following is a true statement in relation to Section 80 of Civil Procedure Code?

29 / 100

Issues’ under the Code of Civil Procedure means:

30 / 100

Which of the following is not liable to attachment and sale in execution of decree?

31 / 100

Which of the following deals with unauthorized persons not to address Court in the Code of Civil Procedure?

32 / 100

In which case the Supreme Court held that in the partition suit more than one preliminary decree can be passed?

33 / 100

Foreign court under Section 2(5) of Code of Civil Procedure means

34 / 100

The order noting compromise amongst the parties as passed under the provisions of Order XXIII, Rule 3 of the Code of Civil Procedure 1908:

35 / 100

Who can file a suit under Section 91 of Civil Procedure Code for public nuisance?

36 / 100

Mesne profits’ as defined under section 2(12) means

37 / 100

Rule of Damdupat is

38 / 100

Relief to be specifically stated under which of the following in the Code of Civil Procedure?

39 / 100

Consequences of disobedience or breach of injunction have been provided

40 / 100

Constructive res judicata is contained in

41 / 100

Private alienation of property after attachment is

42 / 100

In Execution of a decree other than a decree of maintenance, salary of a person can be attached to the extent of

43 / 100

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

44 / 100

Order XV of Code of Civil Procedure talks about:

45 / 100

The parties to suit must submit the list of their witnesses within the time prescribed by the court but not later than:

46 / 100

Security for appearance can be required to be furnished by the defendant

47 / 100

Which one is not correctly matched?

48 / 100

Where the plaintiff wanted to produce evidence to rebut the evidence led by the defendants in respect of the issue the burden of proving which was on the plaintiff himself, the denial of permission by the trial Court was held to be proper in which of the following cases?

49 / 100

A decree may be executed by:

50 / 100

Miscellaneous proceedings are dealt under which of the following in the Code of Civil Procedure?

51 / 100

Foreign judgment as defined under Section 2(6) of Code of Civil Procedure means:

52 / 100

Under Section 75 of Civil Procedure Code, the court cannot issue commission:

53 / 100

Liberty to institute a fresh suit in respect of the same subject matter, at the time of withdrawal of the suit is given:

54 / 100

Which of the following is not a sufficient cause for granting adjournment?

55 / 100

The rule of constructive res judicata applies to writ proceedings, however does not apply to writ of:

56 / 100

Foreign Rulers, Ambassadors and Envoys, under section 86 of Code of Civil Procedure

57 / 100

Section 89 of the Code of Civil Procedure was inserted in

58 / 100

The court instead of examining witnesses in open court direct their statements to be recorded on commission by virtue of

59 / 100

When an ex parte decree is passed the defendant:

60 / 100

The right to appeal is a creature of statute and an appeal can be presented, only:

61 / 100

The object of oral examination under Order 10, Rule 2(a)(a) of the Civil Procedure Code is

62 / 100

What is the meaning of restitution? (Section 144 Code of Civil Procedure)-

63 / 100

An application for residential order shall be made by a victim of domestic violence before a

64 / 100

After, what period from the date of filing, that caveat ceases to be in force:

65 / 100

The government decided a political question (act of the State) which adversely affected the plaintiff. Plaintiff challenged the decision in a civil court. Decide whether the civil court had the jurisdiction to try the suit.

66 / 100

Code of Civil Procedure contains

67 / 100

The Court may compel the attendance of any person to whom a summons has been issued under section 30 of Code of Civil Procedure and for that purpose may

68 / 100

In case of conflict of jurisdiction of the courts, the incidence of a contract shall be governed by the law of the place where the-

69 / 100

The Code of Civil Procedure recognises

70 / 100

In case of a decree for the payment of money, the Court can order interest at the rate of

71 / 100

A decree in a suit against certain members of a sect alleged to be wrongdoers in their individual capacity cannot operate as res judicata in a subsequent suit against the other members of the sect. The wrong complained of in the former suit was that the defendants carried an idol in procession through certain streets and that such processions were in violation of plaintiff’s rights.

72 / 100

If a right to sue survives, will the suit be abated by a party’s death?

73 / 100

Voluntary amendment is provided for under

74 / 100

Where a person entitled to institute a suit or make an application for the execution of a decree is, at the time from which the prescribed period is to be reckoned, a person with disability, he may institute the suit or make the application within the same period after the disability has ceased, as would otherwise have been allowed from the time specified therefore in the third column of the schedule, instead of ‘a person with disability’, the Act specifies three types of disabilities. Which of the following is not stated in the Act?

75 / 100

During service of summons defendant was found absent from his residence and within reasonable time no chance to get back at his residence, service of the summons may be made on-

76 / 100

An ex parte decree can be set aside on the ground that:

77 / 100

A document can be received at a later stage

78 / 100

Does the Civil Court (Trial Court) have the power of restitution on variation of a decree or order in appeal?

79 / 100

Which of the following is a right of civil nature?

80 / 100

Under which provision of the Code of Civil Procedure, the parties can be struck out, added or substituted?

81 / 100

Provincial Small Cause Courts

82 / 100

An order or direction given by the court which passed the decree to a court which would be competent to execute the decree, to attach any property belonging to the judgement debtor, is called:

83 / 100

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

84 / 100

A garnishee is . . . . . . . .

85 / 100

Costs can be imposed to

86 / 100

In a non commercial suit when issues both of fact and law arise and the Court is of the opinion that the suit may be disposed of on an issue of law only, the Court can-

87 / 100

Which of the deals with using answer to interrogatories at trial in the code of Civil Procedure?

88 / 100

The principle of res judicata is also applicable between co-defendants. Which one of the following is not an essential condition to bind the codefendants?

89 / 100

The assignee of the holder of a life estate sued for declaration of title and injunction, immediately after the death of the life estate-holder. The suit for declaration of title was decreed, but the suit for injection was dismissed after holding that the possession was with the defendants only. Subsequently, the assignee of the life estate filed a suit for possession on the strength of the title. The bar of O. 2, r 2 was raised by the defendant.

90 / 100

Agreement between the parties to institute the suit relating to disputes in a particular court

91 / 100

‘Next friend’ is

92 / 100

What does ‘Pleading’ consist of?

93 / 100

Amendment of plaint cannot be allowed after trial has commenced

94 / 100

Res judicata does not operate

95 / 100

Section 89 of the Civil Procedure Code was incorporated through the Civil Procedure Code Amendment Act of . . . . . . . . which is the prominent provisron the discusses about the jurisdiction of civil courts in applying. Alternate Dispute Resolution mechanisms.

96 / 100

Compensatory costs in respect of false or vexatious claim or defence can be awarded upto

97 / 100

Existence of two suits, by parties litigating under same title, one previously instituted which is pending at present and the other filed later, wherein a matter in issue in the subsequently filed suit is directly and substantially in issue in the other and the relief claimed in the subsequent suit can effectively, be passed by the court of previous instance. Which section of Code of Civil Procedure decides the fate of the subsequently filed suit and its proceeding?

98 / 100

Civil Procedure Code: Right to appeal is-

99 / 100

The Civil Procedure Code, 1908 extends to the whole India except

100 / 100

Properties of a judgment debtor which are not liable to be attached have been mentioned in

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