THE CODE OF CIVIL PROCEDURE, 1908 1. Under the provisions of Civil Procedure Code plea of adverse possession is a defence available (a) only to plaintiff against defendant (b) only to defendant against plaintiff
(c) both plaintiff and defendant (d) only to movable property. 2. The reappreciation of evidence in second appeal (a) is subject to review (b) is permissible (c) is not permissible (d) is an admitted fact. 3. Sweeping change introduced by Civil Procedure Code (Amendment) Act, 2002 is with the object to
(a) give more power to Civil Courts (b) reduce the power of Civil Courts (c) cut short delay in disposal of suit (d) make provisions stringent. 4. Preliminary decree can be passed in a suit (a) for partition (b) of partnership (c) for possession and mesne profits (d) all the above. 5. Preliminary decree is one (a) which determines the rights of the parties with regard to some or one of the matters in controversy in the suit but does not finally dispose of the suit (b) which determines the rights of the parties with regard to some or one of the matters in controversy in the suit, which may have the effect of final disposal of the suit (c) both (a) & (b) (d) neither (a) nor (b). 6. A decree becomes final (a) when it conclusively determines the rights of the parties (b) when no appeal has been preferred against the decree (c) both (a) & (b)
(d) neither (a) nor (b). 7. Which of the following is not a decre e (a) dismissal in default (b) rejection of a plaint (c) both (a) & (b)
(d) neither (a) nor (b). 8. Order has been defined as a formal expression of any decision of a civil court which is not a decree, under (a) section 2(1) of CPC (b) section 2(14) of CPC (c) section 2(9) of CPC (d) section 2(16) of CPC. 9. A decree holder has been defined as a person in whose favour a decree has been passed or an order capable of execution has been made, under (a) section 2(3) of CPC (b) section 2(13) of CPC (c) section 2(4) of CPC (d) section 2(16) of CPC. 10. A decree holder (a) need not be a party to the suit (b) the term is not confined to plaintiff (c) both (a) &(b) (d) neither (a) nor (b). 11. Foreign court under section 2(5) of CPC means
(a) a court situated outside India (b) a court situated outside India and not established under the authority of Government of India (c) a court situated in India applying foreign law (d) all the above. 12. Judgment under section 2(9) means (a) a decree (b) dismissal of an appeal summarily (c) statement of grounds of an order or decree (d) all the above.
13. Legal representative under section 2(11) of CPC means a person who is a (a) Relative of parties to the suit (b) co-sharer of the benefits assuming to the parties to the suit (c) who in law represents the estate of the deceased (d) all the above.
14. ‘A’ dieslleaving behind a son X & a married daughter Y, a suit filed by ‘A’, after his death, can be continued by (a) ‘X’ alone as legal representative (b) ‘Y’ alone as legal representative (c) ‘X’, ’Y’ and the husband of Y as legal representatives (d) ‘X’ and ‘Y’ both, as legal representatives. 15. A judgment contains (a) concise statement of the case (b) the points for determination (c) the decision on the points of determinations & the reason thereof ' (d) all the above. 16. Who amongst the following is not a legal representative (a) a trespasser (b) an intermeddler (c) a creditor (d) both (a)&(c). 17. 'Mesne profits’ as defined under section 2(12)means (a) those profits which the person in wrongful possession of such property actually received or might have received together with interest (b) those profits which the person in wrongful possession of property actually received
including profits due to improvements made by such person (c) those profits which the person in wrongful possession of property actually received or might have received but without any interest on such profits (d) those profits which the person in wrongful possession of such property actually received. 18. Foreign judgment as defined under section 2(6) of CPC means (a) judgment given by an Indian Court in respect of foreigners (b) judgment given by a foreign court (c) both (a) & (b) (d) neither (a) nor (b).
19. Who amongst the following is not a ‘public officer’ within the meaning of section 2(17) of CPC (a) a judge (b) a person in service under the pay of Government (c) Sarpanch of a Gram Panchayat (d) none of the above. 20. Basis of distribution of the jurisdiction of Indian Courts is (a) pecuniary jurisdiction (b) territorial jurisdiction (c) subject matter jurisdiction (d) all the above. 21. Court of small causes, under section 3 of CPC is subordinate to ’ (a) District Court (b) High Court (c) both (a) & (b) (d) neither (a) nor 22. Pecuniary jurisdiction of the court has been dealt with in (a) section 3 of CPC (b) section 4 of CPC (c) section 5 of CPC (d) section 6 of CPC. 23. Courts have jurisdiction to try all suits of a civil nature excepting suits, the cognizance of which is either expressly or impliedly barred, by virtue of (a) section 8 of CPC (b) section 9 of CPC
(c) section 10 of CPC (d) section 11 of CPC. 24. Which of the following is a right of civil na ture (a) right to worship in a temple (b) right to share in offerings in a temple (c) right to take out procession (d) all the above. 25. Which of the following is not a right o f civil nature (a) caste &; religion
(b) right to services which. are honorary and gratuitous (c) brij jijmam rights (d) both (a) tin (b). 26. Jurisdiction of civil court can be barred (a) expressly only
(b) impliedly only (c) either expressly or impliedly (d) neither expressly nor impliedly. 27. Principle of res subjudice is contained in (a) section 10 of CPC (b) section 11 of CPC (c) section 13 of CPC (d) section 14'of CPC. 28. Dhulabhai etc. v. State of Madhya Pradesh and another, AIR 1969 SC 78, lays down certain principles regarding the exclusion of jurisdiction of civil courts. Which of the following is not a principle laid down: (a) Where a statute gives a nullity to the orders of the special tribunals, the civil courts jurisdiction must be held to be excluded if there is adequate remedy to do what the civil court would normally do in a suit (b) Where there is an express bar of jurisdiction of the court, an examination of the scheme of the particular Act to find out the adequacy or sufficiency of the remedies provided may be relevant but is not decisive to sustain t-he jurisdiction of the civil court (c) Questions as to the correctness of the assessment apart from its constitutionality are the decisions of the authorities and a civil suit lies even if the orders of the authorities are declared to be final (d) none of the above. 29. Under section 10 of CPC, a suit is liable to be (a) stayed (b) dismissed (c) rejected (d) either (a) or (b) or (c). 30. For the application of the principle of res-subjudice, which of the following is essential (a) suits between the same parties or litigating under the same title (b) the two suits must be pending disposal in a court (c) the matters in issue in the two suits must be directly and substantially the same
(d) all the above. 31. Section 10 of CPC does not apply (a) when the previous suit is pending in the same court (b) when the previous suit is pending in a foreign court (c) when the previous suit is pending in any other court in India
(d) when the previous suit is pending in a court outside India "established or contained by the Central Government. 32. Under the principle of res-subjudice (a) the second suit has to be stayed (b) the previous suit has to be stayed (c) either (a) or (b) depending on the facts & circumstances of the case (d) either (a) or (b) depending on the valuation of the suit for the purposes of jurisdiction. 33. Provisions of section 10 of CPC are (a) directory (b) mandatory (c) non mandatory (d) discretionary. 34. Section 10 can come into operation (a) before filing of written statement in the subsequent suit (b) before settlement of issues in subsequent suit (c) after settlement of issues in subsequent suit (d) all the above. 35. Doctrine of res-judicata as contained in section 1 1 of CPC is based on the maxim (a) Nemo debet bis vexari pro uno etendem causa
(b) interest republicae ut sit finis litium (c) both (a) 8: (b) (d) either (a) or (b), 36. Principle of res-judicata applies (a) between co-defendants (b) between co-plaintiffs (c) both (a) & (b) (d) neither (a) nor (b). 37. Which of the following is not true of res- judicata
(a) it can be invoked in a separate subsequent proceedings (b) it can be invoked at a subsequent stage in the same proceedings (c) it can not be invoked at a subsequent stage in the same proceedings but only in a separate subsequent proceedings (d) both (b) & (c).
38. As regards res-judicata, it has been stated that the right of an individual is to be protected from multiplication of suits and prosecution at the instance of an opponent whose superior resources & power unless curbed, may render futile judicially declared right and innocence, by (a) Spences Bower (b) Lord Denning (c) Salmond (d) Black Stone. 39. Res-judicata applies (a) when the matter in former suit is directly & substantially in issue (b) when the matter in former suit is collaterally & incidentally in issue (c) both (a) & (b) (d) neither (a) nor (b). 40. Res—judicata applies (a) when the matter is directly & substantially in issue in two suits and should have been decided on merits (b) when the prior suit is between the same parties or persons claiming under them and litigating under the same title (c) when the court which determined the earlier suit is competent to try the subsequent suit wherein the issue is subsequently raised (d) when all (a), (b) 8: (c) combine. 41. Plea of res-judicata (a) has to be specifically raised (b) need not be specifically raised (c) is for the court to see of its own (d) neither (a) nor (b) but only (c). 42. Constructive res-judicata is contained in (a) explanation III to section 11 (b) explanation IV to section 11 (c) explanation VI to section 11
(d) explanation VII to section 11. 43. Principle of res-judicata applies (a) to suits only (b) to execution proceedings (c) to arbitration proceedings
(d) to suits as well as execution proceedings. 44. A decision on issue of law (a) shall always operate as res-judicata (b) shall never operate as res-judicata (c) may or may not operate as res-judicata (d) either (a) or (b). 45. A decision on an issue of law operates as res-judicata (a) if the cause of action in the subsequent suit is the same as in the former suit, only when the decision on the point of law is correct . (b) if the cause of action in the subsequent suit is the same as in the former suit, even though the decision on the point of law is erroneous (c) if the cause of action in the subsequent suit is different from that in the former suit, even though the decision on the point of law is correct (d) all the above. 46. A decision in a suit may operate as res- judicata against persons not expressly named as parties to the suit by virtue of explanation (a) II to section 11 of CPC (b) IV to section 11 of CPC (c) VI to section 11 of CPC (d) VIII to section 11 of CPC. 47. Res-judicata does not operate (a) between co-defendants (b) between co-plaintiffs (c) against a per-forma defendant (d) none of the above. 48. In which of the following cases res-judicata is not ap plicable (a) consent compromise decrees (b) dismissal in default (c) both (a)&(b)
(d) neither (a) nor (b). 49. Principle of res—judicata is (a) mandatory (b) directory (c) discretionary
(d) all the above. 50. With respect to the principle of res-judicata which of the following is not correct (a) ex-parte decree will operate as res-judicata (b) writ petition dismissed on merits operates as res-judicata (c) writ petition dismissed in limine operates as res-judicata (d) both (a) & (c). 51. In a suit, where the doctrine of res-judicata applies, the suit is liable to be (a) stayed (b) dismissed (c) may be stayed & may be dismissed (d) both (a)&(c). 52. A decision or finding given by a court or a tribunal without jurisdiction (a) can operate as res—judicata under all circumstances (b) cannot operate as res-judicata (c) can operate as res-judicata under certain circumstances only (d) may operate as res-judicata or may not- operate as res-judicata. 53. On production of a certified copy of the foreign judgment, the presumption as to the competency of the court, under section 14 of CPC is a (a) presumption of fact
(b) presumption of fact & law both (c) rebuttable presumption of law (d) irrebuttable presumption of law. 54. Validity of a foreign judgment can be challenged under section 13 of CPC (a) in a civil court only (b) in a criminal court only (c) in both civil and criminal court (d) neither in civil nor in criminal court. 55. Under section 13 of CPC, a foreign judgment can be challenged on the grounds of
(a) competency of the court pronouncing the judgment (b) being obtained by fraud (c) sustaining a claim founded on a breach of law in force in India (d) all the above. 56. How many grounds of attack the foreign judgment have been provided under section 13 of CPC (a) seven (b) six (c) five (d) four. 57. On the ground of jurisdiction, under section 13 of CPC (a) only a judgment in personam can be challenged (b) only a judgment in rem can be challenged (c) both judgment in personam and judgment in rem, can be challenged (d) neither a judgment in persomzm nor judgment in rem can be challenged. 58. A person who institutes a suit in foreign court and claims a decree in personam, after the judgment is pronounced against him (a) can always challenge the judgment on the ground of ‘competency (b) can never challenge the judgment on the ground of competency " (c) can challenge the judgment on the ground of competency under certain circumstances (d) either (a) or (c). 59. Under section 15 of CPC, every suit shall be instituted in (a) the district court (b) the court of the lowest grade (c) the court of higher grade
(d) all the above. 60. Section 15 of CPC lays down (a) a rule of procedure (b) a rule of jurisdiction (c) a rule of evidence (d) all the above. 61. Under section 16 of CPC, a suit relating to immoveable property can be filed in a court within whose local jurisdiction (a) the property is situate
(b) the defendant ‘voluntarily resides or personally works for gain (c) the defendant voluntarily resides or carries on business (d) either (a) or (b) or (c). 62. 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 (a) the property is situate (b) the defendant voluntarily resides or carries on business (c) the defendant voluntarily resides or personally works for gain (d) all the above. 63. Place of institution of suit in respect of immoveable property, situated within the jurisdiction of different courts, has been provided (a) under section 17 of CPC (b) under section 18 of CPC (c) under section 19 of CPC (d) under section 20 of CPC. 64. The Code of Civil Procedure,‘ 1908 183 Section 18 of CPC provides for (a) place of institution of suit in respect of immoveable property where the property is situate in the jurisdiction of one court (b) place of institution of suit in respect of immoveable property where the property is situate in the jurisdiction of different court (c) place of institution of suit in respect of imrnoveable property where the local limits of jurisdiction of courts are uncertain (d) all the above. 65. Place of suing in respect of suits for compensation for wrongs to persons or moveable property has been dealt with (a) under section 18 of CPC (b) under section 19 of CPC (c) under section 20 of CPC (d) under section 21 of CPC. 66. A suit for compensation for wrong done to the person or to moveable property, where the wrong was done within the local jurisdiction of one court and the defendant resides within the local limits of an other court (a) can be instituted in the court within whose local jurisdiction the wrong has been committed (b) can be instituted in the court within whose local jurisdiction the defendant resides
(c) either (a) or (b) at the option of the plaintiff (d) anywhere in India. 67. ‘X’ residing in Delhi, publishes statements defamatory to ‘Y’ in Calcutta. ‘Y’ can sue ‘X’ at. (a) Delhi
(b) Calcutta (c) anywhere in India (d) either in Delhi or in Calcutta. 68. Suits under section 20 of CPC can be instituted where the cause of action arises (a) wholly (b) partly (c) either wholly or in part (d) only (a) and not (b) or (c). 69. In cases where there are more than one defendant, a suit can be instituted in a court within whose local jurisdiction (a) each of the defendant at the time of commencement of the suit, actually & voluntarily resides or carries on business or personally works for gain (b) any of the defendant, at the time of the commencement of the suit, actually & voluntarily resides, or carries on business, or personally works for gain and the defendant(s) not so residing etc. acquiesce (c) both (a) & (b) are correct (d) only (a) ¬ (b). 70. A suit for damages for breach of contract can be filed, at a place (a) where the contract was made (b) where the contract was to be performed or breach occurred
(c) anywhere in India (d) both (a) and (b). 71. A suit relating to partnership may be instituted at a place (a) where the partnership was constituted (b) where the partnership business was carried on (c) where partnership accounts are maintained (d) all the above. 72. A suit relating to partnership dissolved in a foreign country can be filed at a place (a) in foreign country
(b) where the parties to the suit reside in India (c) both (a) & (b) (d) allover India. 73. Objection as to the place of suiting (a) can only be taken before the court of first instance at the earliest possible opportunity
(b) can be taken before the appellate court for the first time (c) can be taken before the court of revision for the first time (d) all the above. 74. Section 21 of CPC cures (a) want of subject-matter jurisdiction (b) want of pecuniary jurisdiction (c) want of territorial jurisdiction (d) both (b) and (c). 75. A suit to set aside a decree on the ground of lack of territorial jurisdiction is barred (a) under section 21 of CPC (b) under section 21A of CPC (c) under section 22 of CPC (d) under section 23 of CPC. 76. Parties by their consent agreement (a) can confer jurisdiction on a court, where there is none in law (b) can oust the jurisdiction of the court where there is one in law (c) can oust the jurisdiction of one of the courts when there are two courts simultaneously having jurisdiction in law (d) all the above. 77. Section 20 of (‘PC does not apply to (a) arbitration proceedings (b) civil proceedings (c) both (a) & (b) (d) neither (a) nor (b). 78. Agreement between the parties to institute the suit relating to disputes in a particular court (a) does not oust the jurisdiction of other courts (b) may operate as estoppel between the parties (c) both (a)&(b)
(d) neither (a) nor (b). 79. In cases of the commercial contracts between parties of two different countries, the jurisdiction of the court shall be governed by (a) lex loci contractors (b) lexloci solutions
(c) les situs (d) rule of freedom of choice i.e., intention of the parties. 80. A corporation, under section 20 of CPC, is deemed to ‘carry on business at (a) its principal office in India (b) its subordinate office in India (c) both (a) & (b) ' (d) either (a) o; (b). 81. In case of a cause of action arising at a place where a corporation has a subordinate office, the corporation is deemed to carry on business (a) its principal office in India (b) its subordinate office where the cause of action did arise (c) both (a) & (b) (d) either (a) or (b). 82. In every plaint, under section 26 of CPC, 'facts should be proved by (a) oral evidence (b) affidavit (c) document (d) oral evidence as well as document. 83. According to section 27 of CPC summons to the defendant to be served on such date not beyond (a) 30 days from the date of institution of suits (b) 60 days from the date of’ institution of suits (c) 45 days from the date of institution of suits (d) 90 days from the date of institution of suits 84. The court may impose ac fine for default upon a person required to give evidence or to produce documents directed under section 30(b) of CPC, and such fine as per section 32(c) not to exceed (a) Rs. 500 (b) Rs. 1,000
(c) Rs. 5,000 (d) Rs. 10,000. 85. Under section 39(4) of CPC, the court passing the decree is (a) authorised to execute such decree against any person outside local limits of its jurisdiction (b) authorised to execute such decree against any property outside the local limits of its
jurisdiction (c) either (a) or (b) (d) neither (a) or (b). 86. A private transfer or delivery of the property attached under section 64(2) shall not be void if (a) made in persuance of any contract for such transfer or delivery entered into and registered before the attachment (b) made in persuance of any contract for such transfer or delivery entered into and registered after the attachment (c) made in persuance of any contract for such transfer or delivery entered into before the attachment but registered after the attachment (d) either (a) or (b) or (c). 87. The court under section 89(1) of CPC can refer the dispute for (a) arbitration or conciliation (b) conciliation or mediation (c) mediation or Lok Adalat (d) arbitration or conciliation or Lok Adalat or mediation. 88. The court can award compensation against plaintiff under section 95 of CPC, not exceeding (a) Rs. 10,000 or the limits of its pecuniary jurisdiction whichever is less
(b) Rs. 10,000 or the limits of its pecuniary jurisdiction whichever is more (c) Rs. 50,000 and this amount not to exceed the limits of its pecuniary jurisdiction (d) Rs. 50,000 and this amount to exceed the limits of its pecuniary jurisdiction whichever is more. 89. Under section 100A of the CPC, where any appeal from an srcinal or appellate decree or order is heard and decided by a single judge of a High Court (a) no further appeal shall lie from the judgment and decree of such single judge (b) further appeal shall lie under the Letters Patent for the High Court (c) further appeal shall lie with the leave of the Supreme Court (d) further appeal shall lie before the Division
90. Bench of the High Court. Second appeal shall not lie from any decree, as provided under section 102 of CPC when the subject matter of the srcinal suit is for recovery of money not exceeding (a) Rs. 10,000 (b) Rs. 25,000
(c) Rs. 50,000 (a) Rs. 1,00,000. 96 91. A revision under section 115 shall not operate as a stay of suit or other proceeding before the court except where such suit or other proceeding is stayed by (a) the High Court (b) the Supreme Court (c) the Appellate Court (d) District and Sessions Court. 92. The court can enlarge the time under section 148 of CPC for doing any act prescribed or "allowed under the Code of Civil Procedure, not exceeding in total ' (a) 90 days (b) 60 days (c) 45 days ’ (d) 30 days. 93. Under Order IV, Rule 1, sub-rule (1) of CPC, a suit is instituted when (a) a plaint is presented to the court (b) a plaint in duplicate is presented to the court (c) a plaint in triplicate is presented to the court (d) either (a) or (b) or (c). 94. A defendant under Order V, Rule 1(1) of CPC is required to appear, answer the claim and to file the written statement (a) within 60 days from the date of service of summons (b) within 45 days from the date of service of summons (c) within 30 days from the date of service of summons (d) within 90 days from the date of service of summons. 95. In case of failure of filing the written statement within thirty days, the defendant can be allowed to file the same on such other day specified by the court for reasons recorded in writing (a) within 90 days from the date of service of summons
(b) within 120 days from the date of service of summons (c) within 60 days from the date of service summons (d) within 45 days from the date of service summons. 96. Summons to the defendant under Order V, Rule 9(1) of CPC, can be delivered for the purposes of serving the same on the defendant, to a courier services as
(a) approved by the defendant (b) approved by the court (c) approved by the plaintiff (d) either (a) or (b) or (c). 97. Under section 32 of CPC, to compel the attendance of a person to whom a summon has been issued under section 30 of CPC, the court is empowered to (a) issue a warrant for his arrest (b) attach and sell his property (c) impose a fine not exceeding Rs. 5,000 (d) either (a) or (b) or (c).
98. Under Order VI, Rule 17 at any stage of proceedings the court can allow to alter or amend pleadings to (a) either party (b) to plaintiff only (c) to defendant only (d) to only one defendant if there are more than one defendant 99. The expenses for the service of summons to the defendant have to be borne, under Order V, Rule 9(3) of CPC, by (a) the plaintiff (b) the court (c) the defendant (d) partly by the plaintiff and partly by the defend ant. 100. The court can reject the plaint under Order VII, Rule 11(e) of CPC, if it is not filed in (a) triplicate (b) duplicate (c) quadruplicate (d) only (c) and not (a) or (b).
101. If a document, which ought to be produced in the court alongwith the pleadings, is not produced, under Order VII, Rule 14(3) of CPC, at the hearing of the suit (a) the same shall not be received in evidence on behalf of the plaintiff (b) the same shall not be received in evidence on behalf of the defendant (c) the same shall not be received in evidence on behalf of either party (d) the same shall not be received in evidence on behalf of a third party. 102. Order VIII, Rule 1 mandates that the defendant shall file the written statement of his defence within (a) 90 days from the date of service summons (b) 60 days from the date of service summons (c) 30 days from the date of service summons (d) 10 days from the date of service summons. 103. The provisions of Order VIII, Rule 1 of CPC are. (a) directory being procedural (b) mandatory though procedural (c) optional under all circumstances (d) discretionary under all circumstances. 104. The time schedule contained in Order VIII, Rule 1 of CPC is to b e (a) followed as a rule and departure there from shall also be a rule (b) followed as a rule and departure there from would be an exception (c) followed as a rule and there is no scope for any departure there from (d) followed as an absolute rule as it imposes an embargo on the power of the court to extend the 105. A prayer for extension of time beyond the period of 90 days prescribed under Order VIII, Rule 1 of CPC for filing the written statement is to be a) granted just as a matter of routine
b) granted ordinarily c) granted on sufficient cause being shown by the defendant d) granted only for exceptional circumstances occasioned by reasons beyond the control of the defendant. 106. A prayer for extension of time beyond the period of 90 days for filing the written statement (a) can be oral (b) has to be in writing (c) can be either oral or in writing (d) Neither (a) nor (b), as the time cannot be extended beyond 90 days.
107. For the purpose of section 39 of CPC the court is of competent jurisdiction, if at the time of making the application for transfer of decree to it, such court would have jurisdiction to try the suit (a) in which such decree was passed (b) to which such decree has been transferred from other court (c) such decree was pending
(d) none of the above. 108. The rule of rateable distribution of the proceeds of execution sale amongst decree holders is contained in (a) section 73 of CPC (b) section 74 of CPC (c) section 75 of CPC (d) section 76 of CPC. 109. Supreme Court in case of Union of India v. Somasundaram Mills (P) Ltd. held that under section 73 of CPC, the debts due to the State (a) stand on equal footing with all other debts (b) are to be paid only after payment of all other debts (c) are entitled to priority over all other debts (d) either (a) or (b). 110. a) b) c) d)
A plaint can be rejected under Order VII, Rule 10 of CPC under Order VII, Rule 10A of CPC under Order VII, Rule 11 of CPC all the above.
111.
The power under Order VII, Rule 11 of CPC can be exercised
(a) before registering the plaint (b) after issuance of summon to the defendant (c) at any stage before the conclusion of trial (d) either (a) or (b) or (c). 112. For an application under Order VII, Rule 11 (a) the averments in the plaint are germane and the plea taken by the defendant in thewritten statement are wholly irrelevant (b) the averments in the plaint are germane and the pleas taken by the defendant in the written statement are also to be considered (c) the averments in the plaint are germane and the pleas taken by the defendant in the written
statement may also be considered (d) either (b) or (c).
113. Under Order VII, Rule 11 of CPC a) part only of the plaint can be rejected b) whole of the plaint is to be rejected c) part only of the plaint or the whole plaint can be rejected d) it is the discretion of the court to reject the plaint in part. 114. In case the suit has been instituted in a court having no jurisdiction, territorial or pecuniary, the plaint is liable to be (a) returned (b) rejected (c) may be returned or may be rejected (d) only (b) & not (a). 115. On rejection of a suit under Order VII, Rule 11 of CPC, a fresh suit on the same cause of action under Order VII, Rule 13 of CPC. (a) is barred under all circumstances (b) is not barred at all (c) can be filed with the leave of the court (d) either (b) or (c). 116. Several persons can be joined as plaintiffs, in cases (a) where right arises out of the same act, in favour of such person (b) where any common question of law is involved (c) both (a) & (b) (d) either (a) or (b). 117. Several persons can be joined as defendants in cases (a) where right arises out of the same act against such persons (b) where any common question of law is involved (c) both (a) & (b) (d) either (a) or (b). 118. Multifariousness in a suit results due to (a) misjoinder of parties (b) misjoinder of cause of action (c) misjoinder of parties and misjoinder of cause of action
(d) either misjoinder of parties or misjoinder of cause of action. 119. Where a person who is a necessary party to the suit has not been joined as a party to the suit; it is a case of (a) non-joinder (b) mis-joinder
(c) both (a) & (b) (d) neither (a) nor (b). 120. On account of rnis-joinder or non-joinder of parties, under Order I, Rule 9 of CPC, the suit is
a) b) c) d)
liable to be dismissed cannot be dismissed may be dismissed or may not be dismissed as per the discretion of the court either (a) or (b).
121. Objection as to the non-joinder or mis- joinder of parties under Order I, Rule 13 of CPC (a) can be taken at any stage of the proceedings (b) can be taken at the earliest possible opportunity (c) can be taken in appeal or revision for the first time (d) either (a) or (b) or (c). 122. A suit is bad for non-joinder of a necessary party, as provided (a) under Order I, Rule 10 of CPC (b) under Order I, Rule 9 of CPC (c) under Order I, Rule 10A of CPC (d) under Order I, Rule 11 of CPC. 123. A suit in representative capacity can be filed by virtue of (a) under Order I, Rule 8 of CPC (b) under Order I, Rule 9 of CPC (c) under Order I, Rule 8A of CPC (d) under Order I, Rule 10A of CPC. 124. A suit filed in representative capacity can be withdrawn, compromise 8: abandoned etc. by the plaintiff (a) without notice to all the persons interested (b) after notice to all the persons interested
(c) both (a) & (b) (d) either (a) or (b). 125. A person can be made a party in the suit either as a plaintiff or a defendant (a) under Order I, Rule SA of CPC (b) under Order I, Rule 10 of CPC
(c) under Order X, Rule 1 of CPC (d) under Order X, Rule 8 of CPC. 126. The word ‘acts’ in Order III, Rules 1 81: 2 of CPC (a) is reconfined only in respect of acts done by the power-of-attorney holder in exercise of power granted by the instrument and would not include deposing in place and in stead of the principal (b) is not confined only in respect of acts done by the power-of-attorney holder in exercise of the power granted by the instrument and includes deposing in place and instead of the principal (c) is not confined only in respect of acts done by the power of-attorney holder in exercise of the power granted by the instrument but includes appearance as a witness on behalf of the party in the capacity of that party (d) is confined only to deposing in place and instead of the principal. 127. A necessary party is one in whose (a) absence no order can be made effectively (b) absence an order can be made but whose presence is necessary for the complete decision of the case (c) both (a) & (b) (d) absence an order can be made and whose presence is not necessary for the complete decision of the case. 128.
In a suit, the list of witnesses has to be filed by the parties
(a) before settlement of issues (b) after settlement of issues (c) at any time p (d) all the above. V 129. When the plaintiff fails to pay the court-fee or postal charges for service of summons on the defendant(s) or fails to present copies of the plaint, the suit is liable to be (a) rejected under Order VII, Rule 11 of CPC (b) dismissed for non-prosecution under Order IX, Rule 2 of CPC (c) either (a) or (b)
(d) only (b) and not (a). 130. Court can direct the parties to opt for any one mode of alternative dispute resolution under (a) Order X, Rule 1A of CPC (b) Order X, Rule 1B of CPC
(c) Order XI, Rule 1 of CPC (d) Order XI, Rule 2 of CPC. 131. Consequent to failure of conciliation the Presiding Officer of the conciliation forum can refer the matter again to court under (a) Order X, Rule 1B of CPC (b) Order X, Rule 1C of CPC (c) Order X, Rule 3 of CPC (d) Order X, Rule 4 of CPC. 132. Where an application for leave to deliver interrogatories has been moved alongwith the interrogatories proposed to be delivered that application shall be decided as provided under Order XI, Rule 2 of CPC within (a) 15 days from the date of submission of application (b) 10 days from the date of submission of application (c) 7 days from the date of submission of application (d) no time prescribed for the purpose. 133. List of witness, after settlement of issues, must be filed within (a) 15 days (b) 30 days (c) 45 days (d) 60 days. 134. Where a witness fails to appear before the court, without any reasonable ground, under Order XVI, Rule 12 of CPC, such a witness can be penalised to the extent of (a) Rs. 100 (b) Rs. 200 (c) Rs. 500 (d) Rs. 1000. 135. If a plaintiff fails to sue for the whole of the claim which he is entitled to make in respect
of a cause of action in the first suit, then he is precluded from suing in the suit in respect of portion so omitted, by virtue of (a) Order II, Rule 2 of CPC (b) Order II, Rule 3 of CPC (c) Order II, Rule 4 of CPC (d) Order II, Rule 5 of CPC. 136. Order II, Rule 2 of CPC does not apply to (a) application for execution (b) writ petitions (c) both (a) & (b) (d) neither (a) nor (b). 137. Name of a party in a suit can be struck of (a) under Order I, Rule 10 of CPC (b) under Order I, Rule 10A of CPC (c) under Order I, Rule 8 of CPC (d) under Order I, Rule 8A of CPC. 138. Pleadings must state (a) facts (b) law (c) evidence (d) all the above 139. Pleadings must be signed (a) by the party (b) by the pleader (c) by the party & his pleader
(d) only by the pleader & not by party. 140. Which of the following legal pleas need not be pleaded (a) estoppel (b) limitation (c) res-judicata (d) none of the above 141. Which of the following must be stated in the pleadings (a) facta probantia (b) facta probanda
(c) both (a) & (b) (d) neither (a) nor (b) 142. Under Order VI, Rule 15 of CPC pleading must be verified by a) all the parties b) any one of the parties
c) all the parties if there are more than one or any one of the parties d) only (a) & not (b). 143. In suits by or against a corporation, under Order XXIX, Rule 1' of CPC, pleadings must be signed and verified by (a) the secretary (b) any director (c) other principal officer able to depose (d) either (a) or (b) or (c). 144. Furnishing of further particulars has been provided (a) under Order VI, Rule 4 of CPC (b) under Order VI, Rule 5 of CPC (c) under Order VI, Rule 6 of CPC (d) under Order VI, Rule 7 of CPC. 145. Under Order VI, Rule 16 of CPC, the pleadings can be ordered to be struck out (a) if are unnecessary, scandalous, frivolous or vexatious (b) if tend to prejudice, embarras or delay the fair trial (c) if is an abuse of the process of the court (d) all the above. 146.
Pleading means
(a) plaint only (b) plaint and written statement (c) written statement only (d) plaint, written statement & replication. 147. Pleading has been defined (a) under Order VI, Rule 1 of CPC (b) under Order VI, Rule 2 of CPC (c) under Order VIII, Rule 1 of CPC (d) under Order VIII, Rule 2 of CPC.
148. ‘Pleading’ can be altered or amended (a) under Order VI, Rule 17 of CPC (b) under Order VI, Rule 16 of CPC (c) under Order VI, Rule 9 of CPC (d) under Order VI, Rule 10 of CPC. 155
149. ‘Pleading’ can be amended (a) before settlement of issues (b) before conclusion of plaintiff evidence if plaintiff wants to amend the plaint (c) written statement V (d) at any stage of the proceedings. 150. Which of the following amendments can be allowed under Order VI, Rule 17 of CPC (a) amendment for granting relief on the basis of different approaches to the same facts (b) amendment taking note of subsequent events (c) amendment for correcting the mis-description of property (d) all the above. 151. The provisions of amended Order VI, Rule 17 of CPC do not apply (a) to the pleadings which were filed before the commencement of the Amendment Acts of 1999 and 2002 (b) to the pleadings which have been filed after the commencement of the Amendment Acts of 1999 and 2002 (c) to the pleadings which were filed / completed either before or after the commencement of the Amendment Acts of 1999 and 2002 (d) either (b) or (c). 152.
Pleading can be amended
(a) before the trial court (b) before the first appellate court 159. (c) before the second appellate court (d) all the above. 153. Amendment in pleading shall be effective (a) from the date of the pleading (b) from the date of the application (c) from the date of the order (d) either (b) or (c). 160-
154. While considering whether an amendment is to be granted or not (a) the court does not go into the merits of the matter and decides whether or not the claim made therein is bona fide or not (b) the court goes into the merits of the matter and decides..... (c) the court may not go into the merits of the matter and decide.... (d) the court may not go into the merits of the matter and decide..... 155. On the ground that an amendment may take the suit out of the jurisdiction of that court (a) is a ground for refusing that amendment (b) may be a '1 ground for refusing that amendment (c) is no ground for refusing that amendment (d) either (a) or (b). 156. For the purpose of Order XIV, Rule 4 of CPC the Court may adjourn the framing of issues to a date not later than (a) 7days (b) 1O days (c) 14 days (d) 30 days. 157. Under Order XVI, Rule 1, sub-rule (4) summons may be obtained by the parties within of presenting the list of witnesses (a) 5days (b) 7days (c) 9 days (d) 10 days. 158.
Under Order XVI, Rule 2 of CPC, the expenses, of a witness for whom the summons
have to be obtained, shall be deposited by the party applying for the summons within (a) 5 days of making the application (b) 7 days of making the application (c) 21 days of making the application (d) 10 days of making the application. 159. The court instead of examining witnesses in open court direct their statements to be recorded on commission by virtue of (a) Rule 19 of Order XVIII of CPC (b) Rule 4 of Order XVIII of CPC (c) Rule 2 of Order XVIII of CPC
(d) Rule 3A of Order XVIII of CPC. 160. Copy of the judgment shall be made available to the parties, under Order XX, Rule 1(2) of CPC (a) after 7 days from the pronouncement of judgment (b) immediately after the pronouncement of judgment
(c) after 14 days from the pronouncement of judgment (d) after 21 days from the pronounce-ment of judgment 161. Under Order XX, Rule 6A of CPC, decree is to be drawn up in any case within from the date of pronouncement of judgment (a) 10 days (b) 20 days (c) 30 days (d) 15 days 162. Under Order VI, Rule 17 of CPC, the amendment of the pleading may be allowed (a) as may be necessary for determining the real controversy between the parties (b) as to introduce an entirely new & inconsistent case (c) as to take away a right of the defendant which has accrued to him by lapse of time (d) as to withdraw the admission made. 163. Amendment allowed under Order VI, Rule 17 of CPC must be carried on, in cases no time is fixed for carrying on the amendment, within (a) 10 days (b) 14 days (c) 15 days (d) 30 days. 164. Under Order VII, Rule 14 of CPC, the documents (a) must be filed alongwith the plaint (b) can be filed at the time of framing of issues (c) can be filed at any time after the framing of issue (d) during the evidence. 165. Set-off is a (a) reciprocal agreement between the plaintiff and defendant (b) reciprocal ascertainment of debts between the parties (c) both (a) & (b) (d) neither (a) nor (b).
166. Set off can be claimed (a) in any suit (b) in a recovery of money suit only (c) either (a) or (b) (d) neither (a) nor (b).
167. Set-off can be of (a) ascertained sum of money (b) an unascertained sum of money (c) -may be ascertained or may be unascertained (d) only (b) 8: not (a). 168. Set-off can be (a) legal set—off (b) equitable set-off (c) both (a) & (b) (d) either (a) or (b). 169. In set-off, court fee is (a) payable (b) not-payable (c) discretionary (d) only (b) not (a) 170. In a written statement, a defendant can claim (a) set-off (b) counter-claim (c) both set-off & counter claim (d) either (a) or (b) 171. Which of the following, in respect of set-off is correct (a) set-off can be claimed in a suit for recovery of money (b) the amount claimed must be ascertained amount (c) the amount claimed to be set off must be legally recoverable & not barred by limitation (d) all the above. 172. Which of the following can exceed the pecuniary jurisdiction of the court (a) set-off (b) counter-claim (c) both set-off & counter-claim
(d) neither set-off nor counter-claim. 173. A right to set-off has been gran ted (a) under Order VIII, Rule 6 of CPC ‘ (b) under Order VIII, Rule 6A of CPC (c) under Order VIII, Rule 6B of CPC
(d) under Order VIII, Rule 6C of CPC. 174.
Propositions are I. Set-off and counter-claim arises out of the same transaction. II. Set-off should not be barred on the date of the suit while counter-claim should note barred on the date of filing of written statement. III. Claim for set-off cannot exceed plaintiff's claim, whereas counter-claim can exceed the plaintiff's claim. In respect of the aforesaid which is cor rect (a) all I, II & III are correct (b) I & II are correct III is incorrect (c) I & III are correct II is incorrect (d) II & III are correct I is incorrect. 175. A right to counter-claim has been provided (a) under Order VIII, Rule 6A of CPC (b) under Order VIII, Rule 6B of CPC (c) under Order VIII, Rule 6C of CPC (d) under Order VIII, Rule 6D of CPC. 176. If in any case in which the defendant sets up a counter-claim the suit of the plaintiff is stayed, discontinued or dismissed, the counter-claim (a) is liable to be stayed, discontinued or dismissed
(b) can nevertheless be proceeded with (c) is liable to be stayed but not discontinued or dismissed (d) is liable to be dismissed & not stayed or discontinued. 177. Default in filing of written statement has been dealt with (a) under Order VIII, Rule 8 of CPC (b) under Order VIII, Rule 9 of CPC (c) under Order VIII, Rule 10 of CPC (d) under Order VIII, Rule 7 of CPC.
178. On default in filing of written statement under Order VIII, Rule 10 of CPC, pronouncement of judgment (a) is mandatory (b) discretionary (c) directory (d) either (a) or (b). 179. On failure to file the written statement, under Order VIII, Rule 10 of CPC the court (a) may pronounce the judgment at once (b) may order for striking off the defence (c) may pass any other order (d) either (a) or (b) or (c) 180. Where the plaintiff fails to pay the court fee or postal charges for service of summons of the suit, on the defendant, the suit can be dismissed under (a) Order IX, Rule 1 of CPC (b) Order IX, Rule 2 of CPC (c) Order IX, Rule 3 of CPC (d) Order IX, Rule 8 of CPC. 181. Where on the date fixed for hearing of a suit, neither of the party appears, the dismissal of the suit shall be (a) under Order IX, Rule 1 of CPC (b) under Order IX, Rule 2 of CPC (c) under Order IX, Rule 3 of CPC (d) under Order IX, Rule 8 of CPC. 182. Under Order IX, Rule 2 of CPC a suit can be dismissed (a) when on the date fixed for hearing in a suit, neither of the parties appear
(b) when on the date fixed for hearing, the defendant(s) appears but the plaintiff does not appear (c) when the plaintiff fails to pay the court fee or postal charges for the service of summons of the suit to the defendant(s) (d) all the above. 183. A suit can be dismissed in default (a) under Order IX, Rule 2 of CPC (b) under Order IX, Rule 3 of CPC (c) under Order IX, Rule 8 of CPC (d) both (b) & (c).
184. Order IX, Rule 3 of CPC applies (a) when on the date fixed for hearing in a suit neither party appears (b) when on the date fixed for hearing in a suit only defendant appears & the plaintiff does not appear (c) when the plaintiff fails to pay the court fee or postal charges for service of summons
of the suit on the defendant(s) (d) all the above. 185. Under Order IX, Rule 4 of CPC a suit can be restored if dismissed (a) under Order IX, Rule 2 of CPC (b) under Order IX, Rule 3 of CPC (c) under Order IX, Rule 8 of CPC (d) only under (a) & (b). 186. When a suit is dismissed under Order IX, Rule 2 or under Order IX, Rule 3 of CPC, a fresh suit under Order IX, Rule 4 of CPC, the same cause of action is (a) not barred at all (b) barred under all the circumstances (c) not barred if within limitation (d) either (a) or (b) 187. (a) (b) (c)
Under Order IX, Rule 8 of CPC, a suit can be dismissed if on the date of hearing only the defendant appears and the plaintiff does not appear on the date of hearing neither party appears court fee or postal charges are not paid by the plaintiff for issuance of summons to the defendant (d) (d) all the above.
188. A suit dismissed under Order IX, Rule 8 of CPC, can be re stored (a) under Order IX, Rule 4 of CPC (b) under Order IX, Rule 9 of CPC (c) both under (a) and (b) (d) neither under (a) nor (b). 189. Under Order IX, Rule 8 of CPC, for non- appearance of the plaintiff, a suit cannot be dismissed (a) if the defendant admitted the whole claim of the plaintiff (b) if the defendant admits the claim of the plaintiff in part, to the extent of claim admitted (c) both (a) and (b)
(d) neither (a) nor (b). 190. After dismissal of suit under Order IX, Rule 8 of CPC, a fresh suit on the same cause of action, under Order IX, Rule 9 of CPC (a) is barred (b) is not barred under any circumstances
(c) is not barred subject to law of limitation (d) either (b) or (c). 191. An application for restoration of the suit under Order IX, Rule 4 of CPC or under Order IX, Rule 9 of CPC, must be made, within (a) 15 days of dismissal (b) 30 days of dismissal (c) 60 days of dismissal (d) 90 days of dismissal. 192. Order IX, Rule 6 of CPC provides for procedure when only the plaintiff appears and defendant does not appear on the date of hearing in the contingency (a) when summons duly served on the defendant (b) when summons served on the defendant but not within sufficient time (c) when summons not duly served (d) all the above. 193. Under Order IX, Rule 6 of CPC (a) defence of the defendant can be struck of (b) defendant can be proceeded against ex- parte (c) judgment can be pronounced against the defendants (d) all the above
194. a) b) c) d)
An order under Order IX, Rule 6 of CPC can be set aside under Order IX, Rule 7 of CPC under Order IX, Rule 9 of CPC under Order IX, Rule 11 of CPC under Order IX, Rule 13 of CPC.
195. application under Order IX, Rule 7 of CPC can be made (a) within 30 days of the Order (b) within 60 days of the Order (c) any time during the pendency of the suit (d) at any time on or before the next date of hearing.
196. Where a plaintiff, who is ordered to appear in person, fails to appear, under Order IX, Rule 12 of CPC, the suit of the plaintiff is liable to be (a) stayed (b) dismissed (c) either stayed or dismissed (d) neither stayed nor dismissed. 197. Where a defendant, who has been ordered to appear in person, fails to appear, under Order IX, Rule 12 of CPC (a) the defence of the defen/dant is liable to be struck off (b) the defendant is liable to be proceeded ex(c) either (a) or (b) parte (d) neither (a) nor (b). 198. An ex-parte decree can be set aside (a) under Order IX, Rule 7 of CPC (b) under Order IX, Rule 11 of CPC (c) under Order IX, Rule 13 of CPC (d) under Order IX, Rule 12 of CPC. 199. An ex-parte decree can be set aside on the ground of (a) summons not duly served (b) being prevented by any sufficient cause from appearance (c) non-appearance due to non-availability of documents with the plaint (d) both (a) & (b).
200. Remedies available against an ex-parte decree include (a) appeal
(b) review (c) application for setting aside the decree (d) all the above. 201. An application under Order IX, Rule 13 of CPC can be made within 3 (a) 30 days of the decree (b) 60 days of the decree (c) 90 days of the decree (d) 6 months of the decree. 202. After being proceeded against ex-parte, the defendant is (a) precluded absolutely from participating in any proceeding in the suit
(b) at liberty to join the proceedings at the stage where the proceedings are pending (c) at liberty to join the proceedings and do all the things which it could have done, had he not been proceeded against ex- parte, without getting the ex-parte order set aside (d) either (a) or (c). 203.
Discovery by interrogatories & inspection has been provided
(a) under Order X of CPC (b) under Order XI of CPC (c) under Order XV of CPC (d) under Order XVI of CPC 204. Interrogatories shall be answered as provided under Order XI, Rule 8 of CPC (a) on a simple application (b) on an affidavit (c) by filing the documents (d) all the above. 205. Affidavit in answer to interrogatories shall be filed (a) within 7 days of the order (b) within 10 days of the order (c) within 14 days of the order (d) within 15 days of the order. 206. Interrogatories can be set aside or struck off, on an application under Order XI, Rule 7 of CPC, made within (a) 7 days of service of interrogatories (b) 10 days of service of interrogatories (c) 14 days of service of interrogatories (d) 15 days of service of interrogatories. 207. Objections to interrogatories under Order XI, Rule 6 of CPC can be made if it is (a) scandalous (b) irrelevant (c) not bonafide (d) all the above. 208. Grounds for setting aside interrogatories contained in Order XI, Rule 7 of CPC are (a) prolix (b) oppressive (c) unnecessary
(d) all the above. 209. Order XI, Rule 21 of CPC provides for penalty on account of (a) failure to comply with an order to answer interrogatories (b) failure to comply with an order for discovery and inspection of documents (c) both (a) and (b)
(d) neither (a) nor (b). 210. Under Order XI, Rule 21, for the non- compliance with an order for discovery etc. (a) suit is liable to be dismissed if the plaintiff fails to comply with the order (b) suit is liable to be stayed till the plaintiff complies with the order (c) suit is liable to be adjourned sine-die (d) either (a) or (b) or (c). 211. Under Order XI, Rule 21, for the non-compliance with an order of discovery by the defendant (a) the suit of the plaintiff is liable to be decreed. (b) the defence of the defendant is liable to be struck-off (c) the defendant is liable to be proceeded against ex-parte (d) either (a) or (b) or (c). 212. The power of dismissal of a suit or striking out of defence under Order XI, Rule 21 of CPC should be exercised (a) only where there is obstinacy or contumacy or wilful attempt to disregard the order of the court (b) where there is no obstinacy or contumacy and there is no wilful attempt to disregard the order of the court (c) generally without going into the question of obstinacy or contumacy or wilfull disregard (d) as per the discretion of the Court. 213. Where a party fails to produce certain documents in srcinal under Order XI, Rule 14 of CPC, the Court would be entitled to (a) dismiss the suit if failure is on the part of the plaintiff (b) strike out the defence of the defendant if such failure is on the part of the defendant (c) raise an adverse presumption against the party guilty of non-production of documents (d) either (a) or (b). 214. On dismissal of the suit for non-compliance with an order for discovery under Order XI, Rule 21 of CPC (a) the plaintiff can bring a fresh suit on the same cause of action as a matter of right
(b) the plaintiff can bring a fresh suit on the same cause of action only with the leave of the court (c) the plaintiff can bring a fresh suit on the same cause of action only if the court dismissing the suit has granted liberty to file a fresh suit (d) the plaintiff is precluded from bringing any fresh suit on the same cause of action. 215.
Judgment on admission can be given
(a) under Order XII, Rule 8 of CPC (b) under Order XII, Rule 6 of CPC (c) under Order XII, Rule 4 of CPC (d) under Order XII, Rule 2 of CPC. 216. For the purposes of Order XII, Rule 6 of CPC admissions of fact (a) must be in pleading (b) may be otherwise (c) may be either in pleadings or otherwise (d) only in pleading and not otherwise. 217. Order XII, Rule 6, permits the court to pass judgment on the basis of statement made by the parties (a) in the pleadings (b) in any document (c) in the statement recorded in the court (d) either (a) or (b) or (c). 218. A party filing affidavit in reply to interro gatories a) can be cross—examined upon it b) the other party can adduce evidence to contradict it c) can neither cross-examine nor adduce any evidence to contradict it, as it is a conclusive proof (d) can be cross-examined and adduce evidence to contradict it as it is a not proved fact. 219. Under Order XIII, Rule 1 of CPC, all the documentary evidence in srcinal by the parties, must be filed (a) at or before the settlement of issues (b) after the settlement of issues (c) at the time of evidence (d) at any time. 220. Any documentary evidence, in possession of the party not filed under Order XIII, Rule 1 of CPC, the party is (a) excluded from filing the same at a subsequent stage of the proceeding
(b) not excluded from filing the same at a subsequent stage of proceedings, but can file the same only with the leave of the court (c) not excluded from filing the same at a subsequent stage of proceedings without any leave of the court (d) either (a) or (c).
221. Documents which are meant for cross-examining a witness of the otter party or meant for refreshing the memory of the witness, may be produced (a) at or before the settlement of issues (b) after the settlement of issues‘ (c) at the time when they are required (d) none of the above.
222. A document can be received at a later stage a) if the genuineness of the document is beyond doubt and is relevant to decide the real question in controversy b) if the genuineness of the document is beyond doubt but is not relevant to decide the real question in controversy c) if the genuineness of the document is disputed and is not relevant to the matter in controversy d) all the above. 223. a) b) c) d)
Original documents can be returned to the party producing it after the suit is over after the disposal of appeal, if preferred after the period of limitation for filing the appeal, if no appeal is preferred only (b) & (c) are correct.
224.
During the pendency of the suit, to a party producing the document
(a) the srcinal document admitted in evidence cannot be returned (b) the srcinal documents admitted in evidence can be returned on producing the certified copies thereof (c) the srcinal documents admitted in evidence can be returned on producing an ordinary copy thereof (d) either (b) or (c). 225. In a suit, issues are framed in re spect of (a) questions of facts (b) questions of law (c) mixed question of fact & law
(d) all the above. 226. Issues mean (a) contentions arising out of plaint only (b) contentions arising out of written statement only (c) rival contentions of the parties based on their pleadings
(d) presumptions of fact or law or fact & law. 227. Issues are settled, in a suit (a) under Order XIII of CPC (b) under Order XIV of CPC (c) under Order II of CPC (d) under Order VII of CPC. 228. Which of the issues under Order XIV, Rule 2 of CPC can be tried as preliminary issues (a) issues of fact (b) issues of law (c) issues of fact & law (d) both (b) & (c). 229. Issues of law can be tried as p reliminary issues, if it relates to (a) the jurisdiction of the court (b) a bar to the suit created by any law (c) either (a) or (b) (d) neither (a) nor (b). 230. Issues can be altered (a) under Order XIV, Rule 2(2) of CPC
(b) under Order XIV, Rule 3 of CPC (c) under Order XIV, Rule 5 of CPC (d) under Order XIV, Rule 6 of CPC. 231. Under Order XIV, Rule 5 of CPC (a) issues already framed can be amended (b) issue already framed can be struck off (c) additional issues can be framed (d) all the above. 232.
List of witnesses must be filed, by the parties
(a) alongwith the plaint or written statement (b) before framing of issues (c) after the framing of issues (d) no need to file the list of witnesses. 233.
Parties must file the list of witnesses within
(a) 10 days of framing of issues (b) 15 days of framing of issues (c) 30 days of framing of issues (d) 60 days of framing of issues. 234. Court has the power to summon a person, who is not called by any party, as a witness (a) under Order XVI, Rule 18 of CPC (b) under Order XVI, Rule 14 of CPC (c) under Order XVI, Rule 12»ef CPC (d) under Order XVI, Rule 10 of CPC. 235. Adjournment can be granted (a) under Order XVII, Rule 3 of CPC (b) under Order XVII, Rule 2 of CPC (c) under Order XVII, Rule 1 of CPC (d) under Order XVII, Rule 1(2) of CPC. 236. When, on the day to which the hearing of the suit is adjourned, the parties or any of them fail to appear (a) Order XVII, Rule 2 of CPC shall apply (b) Order XVII, Rule 3 of CPC shall apply (c) both Order XVII, Rule 2 and Order 17, Rule 3 of CPC shall apply
(d) neither Order XVII, Rule 2 of CPC nor 237. Order 17, Rule 3 of CPC shall apply. Order XVII, Rule 2 of CPC and Order XVII, Rule 3 of CPC are (a) in conflict with each other (b) independent & mutually exclusive (c) Order XVII, Rule 3 of CPC is dependent on Order XVII, Rule 2 of CPC (d) Order XVII, Rule 3 of CPC controls Order XVII, Rule 2 of CPC.
238. Order XVII, Rule 3 of CPC applies (a) when the party fails to produce the evidence
(b) when the party produced-the evidence (c) when the parties or any of them not present (d) all the above. 239. Who shall produce the evidence first (a) plaintiff
(b) defendant (c) either plaintiff or defendant (d) as directed by the court. 240. Where a party wishes to appear as a witness, as a general rule (a) the party shall appear as a witness after all other witnesses are examined (b) the party shall appear first before any witness on his behalf has been examined (c) the party has the discretion to appear either before or after examination of other witnesses (d) as directed by the court. 241. A witness who has already been examined can be recalled under Order XVIII, Rule 17 of CPC (a) by the party calling the witness (b) by the opposite party (c) by the court (d) all the above 242. Where a judgment debtor puts any resistance or obstruction to the decree ‘holder in exemption of a decree for possession of immovable property, the judgment debtor is liable, under section 74 of CPC, to be (a) detained in the civil prison for a term which may extend to 60 days (b) detained in the civil prison for a term which may extend to 30 days (c) detained in the civil prison for a term which may extend to 15 days
(d) detained in the civil prison for a term which may extend to 7 days. 243. Any party may address oral arguments in his case and before the conclusion of oral arguments can submit written arguments and such‘ written arguments (a) shall form part of record (b) shall not form part of the record (c) shall not form part of the record unless it follows affidavit (d) shall form of the record only if the court directs. 244. Ordinarily, the judgment shall be pronounced as provided under Order XX, Rule 1 of CPC, within
(a) 15 to 30 days of hearing (b) 5 to 15 days of hearing (c) 30 to 60 clays of hearing (d) 30 to 45,days of hearing 245.
Judgment 8: decree have been dealt in CPC
(a) under Order XIX (b) under Order XX (c) under Order XX-A (d) under Order XXI. 246. Clerical or arithmetical mistakes in judgments, orders etc. can be corrected (a) under section 152 of CPC (b) under section 153 of CPC (c) under section 153A of CPC (d) under section 153B of‘CPC. 247. For getting the clerical or arithmetical mistakes judgment etc, corrected, the application (a) shall be made within 30 days (b) shall be made within 6O days (c) shall be made within 90 days (d) can be made at any time & no limitation period has been prescribed. 248. Under section 34 of IPC, the court can grant interest (a) from the date of the suit till the date of decree (b) from the date of the decree till realisation (c) both (a) & (b) (d) neither (a) nor (b) 249. Provision for interest in CPC has been made (a) under section 32 (b) under section 34 (c) under section 35A (d) under section 35B. 250. Future interest i.e., from the date of the decree till realisation, can be awarded, under CPC
(a) @ 12% per annurn
(b) @ 9% per annum (c) @ 6% per annum (d) depending on the prevailing bank rates. 251. Awarding future interest is (a) mandatory
(b) directory (c) discretionary (d) only (a) and not (b) or (c). 252. Where a decree is silent as regards future interest (a) future interest shall be deemed to have been refused and a separate suit shall lie for the same. (b) future interest shall be deemed to have been refused and a separate suit shall not lie. (c) future interest shall be deemed to have been inadvertently omitted and an application can be moved before the court. (d) future interest shall be deemed to have been granted and it shall be a clerical or arithmetical error to be corrected on application
253. Rule of Damdupat is (a) a rule relating to costs (b) a rule relating to interest (c) a rule of res-judicata (d) a rule of evidence. 254. Pendente lite interest can be awarded (a) on the basis of the agreement between the parties (b) @ 6% (c) @ 9% (d) @ 12%. 255. Which of the following provisions provide for imposition of costs in a civil suit (a) section 35 of CPC (b) section 35A of CPC (c) section 35B of CPC (d) all the above. 256. Costs can be imposed in suit execution proceedings a suit as well as execution proceedings only in a suit and not in execution proceedings. 257. Costs can be imposed to (a) compensate
(b) reimburse the expenses incurred (c) compensate as well as to re-imburse the expenses incurred (d) only to reimburse the expenses incurred and not to compensate. 258. Compensatory costs can be imposed for (a) false or vexation claims or defences
(b) improbable claims or defences (c) both (a) & (b) (d) neither (a) nor (b). 259. Compensatory costs are imposed (a) under section 35 of CPC (b) under section 35A of CPC (c) under section 35B of CPC (d) all the above. 260. Compensatory costs under section‘ 35A of CPC can be imposed to the extent of (a) Rs. 3,000 (b) Rs. 5,000 (c) Rs. 10,000 (d) Without any limit. 261. Imposition of costs under section 35A of CPC (a) absolves a person from criminal liability that may arise on the principle of double jeopardy (b) does not absolve the person from criminal liability that may arise there from (c) may absolve or may not absolve from criminal liability (d) the court imposing cost may order for exemption from criminal liability. 262.
Costs under section 35A of CPC can be imposed
(a) in an appeal (b) in a revision (c) both in an appeal and a revision (d) neither in an appeal nor in a revision. 263. Costs under section 35A of CPC can be imposed (a) on plaintiff (b) on defendant (c) on co-defendant (d) all the above.
264. Costs for causing delay has been provided under (a) section 35A of CPC (b) section 35B of CPC (c) section 36 of CPC (d) section 35 of CPC.
265. Imposition of costs under section 35B of CPC is (a) mandatory (b) directory (c) either (a) or (b) (d) neither (a) nor (b). 266. Costs imposed under section 35B of CPC (a) shall be included in the costs awarded in the decree passed in the suit (b) shall not be included in the costs awarded in the decree passed in the suit (c) shall, if ‘not paid, be executable against the person on whom the costs has been imposed (d) only (b) & (c). 267. Security for payment of cost can be required to be furnished (a) under Order XXA (b) under Order XXV (c) under Order XXIV (d) under Order XXVII. 268. Security for payment of cost can be required to be furnished under Order XXV, from (a) the plaintiff (b) the defendant (c) the co-defendant
(d) all the above. 269. On failure for furnishing security for payment of cost the suit is liable to be (a) stayed (b) dismissed (c) rejected (d) either (a) or (b) or (c) in the discretion of the court. 270. A suit dismissed under Order XXV for non furnishing of security for payment of costs (a) cannot be restored
(b) can be restored by the same court (c) can be restored only in appeal (d) can be restored only in revision. 271. Provision relating to execution of decrees are contained in (a) Order XXI
(b) Order XXV (c) Order XXXIII (d) Order XXXVI. 272. Money under a decree can be paid (a) in the court (b) out of the court (c) either in the court or out of the court (d) only in the court and not out of the court. 273. Application for execution of a decree is to be made (a) to the court which passed the decree (b) to the court of small causes (c) to the district court (d) to the High Court. 274. An executing court (a) can modify the terms of the decree (b) can vary the term of the decree (c) can modify and vary the terms of the decree (d) can neither modify nor vary the terms of the decree 275.
A decree for execution
(a) cannot be transferred to another court (b) can be transferred to another court (c) may or may not be transferred (d) either (a) or (c). 276. Transfer of a decree for execution to another court has been dealt with (a) under section 37 of CPC (b) under section 38 of CPC (c) under section 39 of CPC (d) under section 40 of CPC.
277. A decree can be transferred for execution to another court (a) if the judgment debtor actually & voluntarily resides or carries on business, or personally works for gain, within the local limits of that other court (b) if the judgment debtor does not have sufficient property to satisfy the decree within the local limits of the court, passing the decree and has property within. The local limits of that other court
(c) if the decree directs sale or delivery of immovable property situate outside the jurisdiction of the court passing the decree (d) all the above. 278. Law does not require issuance of notice of the application for execution of a decree, to the judgment debtor, where the execution is applied (a) within four years of the decree (b) within two years of the decree (c) within three years of the decree (d) within five years of the decree. 279. In which of the following cases, notice of the execution application has to be issued to the judgment debtor (a) where the execution is applied for beyond two years after the date of the decree (b) where the execution application is made against the legal representatives of the judgment debtor even it made within two years of the decree (c) where the execution application has been made by the assignee of the interests of the decree holder even if made within two years of the decree (d) all the above. 280. Provisions of section 39 of CPC are (a) permissive & not mandatory (b) mandatory & not permissive
(c) mandatory & discretionary (d) none of the above. 281. Words ‘competent jurisdiction’ under section 39 of CPC refers to (a) pecuniary jurisdiction of the transferee court (b) territorial jurisdiction of the transferee court (c) pecuniary and territorial jurisdiction of the transferee court (d) subject matter jurisdiction of the transferee court. 282. Execution of a decree can (a) be stayed by the court passing the decree under all the circumstances V
(b) be stayed by the court passing the decree before the time allowed for appeal (c) not be stayed by the court passing the decree under any circumstances (d) either (a) or (c). 283. A decree for execution cannot be sent to a (a) foreign court
(b) court outside India established by the authority of Central Government (c) both (a) & (b) (d) neither (a) nor (b). 284. In case of a joint decree, the execution must be applied (a) by all the decree holders (b) by more than one decree holders (c) by one decree holder (d) either by one or more or all the decree holders. 285. Execution of a decree can be applied for (a) against the judgment debtor personally (b) in case of the judgment debtor being dead, against the legal representatives of the judgment debtor (c) against the person whom the court directs (d) both (a) & (b). 286. Which of the following statements are correct (a) the executing court must take the decree at it stands (b) the executing court cannot go into the question whether the decree has been obtained by fraud (c) the executing court cannot question the legality, correctness or validity of the decree (d) all the above. 287. An executing court can go behind the decree where (a) the decree has been passed without jurisdiction - pecuniary, territorial or subject matter (b) the decree is a nullity having been passed against a dead person without bringing his legal representatives on the record (c) where the decree is ambiguous (d) all the above.
288. Precept is (a) a transfer of the decree (b) an order to another competent court to attach any property of the judgment debtor (c) an execution of decree
(d) all the above. " 289. Attachment of property under a precept shall remain valid for a period of (a) 90 days until extended (b) 60 days until extended (c) 30 days until extended
(d) till further order. 290. Under section 47' of CPC, all questions arising between the parties to the suit, relating to execution, discharge or satisfaction of the decree have to be decided (a) by the executing court (b) by a separate suit (c) either (a) or (b) (d) both (a) & (b). 291. Section 47 of CPC is (a) mandatory and bars a suit (b) mandatory and bars a defence (c) mandatory and bars a suit as well as a defence (d) directory. 292. Section 47 of CPC applies (a) to the objections raised to the execution by the parties to the suit (b) to the objections raised to the execution by the third parties (c) both (a) & (b) (d) either (a) or (b). 293. Where a judgment debtor dies before the decree has been fully satisfied, the same can be executed against
(a) any one of the legal representatives of the "judgment debtor in its entirety (b) against all the legal representatives (c) against any member of the l legal representatives as the decree holder wants (d) against the legal representative, as directed by the court. 294. In execution of decree against legal representatives, the liability of the legal representative under section 50 of CPC (a) is limited to the extent of the property of the deceased inherited by him (b) is not limited to the extent of the property inherited but extends to his personal property (c) extends to his personal property in cases where he has not inherited anything . (d) either (b) or (c).
295. Under section 47 of CPC parties to the suit means (a) the parties themselves (b) the representatives of the parties (c) the auction purchaser in execution of decree (d) all the above. 296. Modes of execution of a decree have been stated in (a) section 48 of CPC (b) section 49 of CPC (c) section 51 of CPC (d) section 52 of CPC 297. Omission to give notice, under Order 21, Rule 22 of CPC, of the execution is a defect which renders the execution (a) null &void (b) irregular (c) voidable (d) valid. 298. Arrest of a person in execution of a decree has been provided (a) under section 53 of CPC (b) under section 54 of CPC (c) under section 55 of CPC (d) under section 56 of CPC. 299. Who can be arrested in execution of a decree (a) a man (b) a woman
(c) a minor (d) all the above. 300. Section 56 of CPC prohibits, arrest & detention, in execution of a decree, of (a) a minor boy (b) a minor girl (c) a woman (d) all the above. 301. Imprisonment in execution of a decree can be (a) rigorous imprisonment
(b) simple imprisonment (c) civil imprisonment (d) either (a) or (b) or (c) as per the discretion of the court. 302. Maximum period of detention where the decree is for more than Rs. 5,000 is (a) six weeks
(b) two months (c) three months (d) six months. 303. Maximum period of detention in civil imprisonment where the decree is for more than Rs. 2,000 but less than Rs. 5,000 is (a) six weeks (b) two months (c) three months (d) six months. 304. No arrest & detention in civil imprisonment can be ‘made if the decree is for payment of (a) not exceeding Rs. 500 (b) not exceeding Rs. 1,000 (c) not exceeding Rs. 1,500 (d) not exceeding Rs. 2,000. 305. Civil imprisonment in execution of a decree can be awarded if the decree is for minimum (a) Rs. 500 (b) Rs. 1,000 (c) Rs. 2,000
(d) Rs. 5.000. 306. Arrest & detention of a person in civil imprisonment in execution of the decree (a) absolves him from liability under the decree but can be re-arrested (b) does not absolve him but the person cannot be re-arrested (c) does not absolve him and the person can be re-arrested (d) absolves him from the liability altogether and cannot be re-arrested.
307. A person arrested 8: detained in civil imprisonment in execution of a decree can be released (a) on payment of the outstanding amount
(b) on the ground of illness of self (c) on the ground of illness of a member of his family (d) ‘only (a) or (b) not (c). 308. Property liable to attachment and sale in execution of decree is mentioned a) under section 59 of CPC b) under section 60 of CPC c) under section 61 of CPC d) under section 62 of CPC. 309. Which of the following properties of a judgment debtor are liable to be attached (a) personal ornaments of religious usage of a woman (b) tools of artisan & cattle & seed-grain (c) books of accounts (d) shares in a corporation & Government securities. 310. Which of the following properties cannot be attached in execution of a decree (a) penricus (b) promissory notes (c) house or other building (d) Hindi. 311. In execution of a decree for the maintenance, salary of a person can be attached to the extent of (a) one fourth (b) one third (c) two third (d) one half. 312. In execution of a decree other than a decree of maintenance, salary of a person can be attached to the extent of (a) Rs. 400 plus two third of the remainder (b) Rs. 500 plus one half of the remainder (c) Rs. 1,000 plus one third of the remainder (d) Rs. 1,000 plus two third of the remainder. 313. In a case of one & the same decree, the attachment of salary can continue for a total period of (a) 12 months (b) 24 months
(c) 36 months (d) 60 months. 314. In cases of two or more d ecrees the attachment of salary shall commence after (a) three months of the completion of 24 months of attachment under the earlier decree (b) six months of the completion of 24 months of attachment under the earlier decree
(c) (c) nine months of completion of 24 months of attachment under the earlier decree (d) twelve months of the completion of 24 months of attachment under the earlier decree. 315. Private alienation of property by the judgment debtor after attachment under section 64(1) of CPC is. (a) valid (b) voidable (c) void (d) irregular 316. Properties of a judgment debtor which are not liable to be attached have been mentioned in (a) section 60 of CPC (b) section 62 of CPC (c) section 64 of CPC (d) section 66 of CPC. 317. Subsistence allowance in respect of the person detained in civil imprisonment has to be paid by the (a) State Government (b) Central Government (c) decree holder (d) either (a) or (b) or (c). 318. Persons who are exempted from arrest under civil process, have been mentioned in (a) section 135 of CPC (b) section 135A of CPC (c) section 136 of CPC (d) both (a) 8: (b). 319. A ’garnishee’ is (a) the judgment debtor (b) judgment debtor's debtor (c) judgment debtor's creditor
(d) the banker of the judgment debtor. 320. A garnishee order is an order (a) prohibiting the judgment debtor's debtor from making any payment to the judgment debtor (b) directing the judgment debtor's creditor to take the payment from the judgment debtor's debtor
(c) permitting the judgment debtor's debtor to make the payment to the judgment debtor (d) either (a) or (b) or (c). 321. Attachment of property in execution of a decree (a) continues to be under attachment if the decree is set aside or reversed, without a specific order of release (b) shall be deemed to be withdrawn on setting aside or reversal of the decree (c) shall be deemed to be withdrawn on reversal of the decree but not on setting aside of the decree (d) shall be deemed to be withdrawn on setting aside of the decree but not on reversal of the decree. 322. Objections to the attachment of property in execution can be raised (a) by parties to the suit (b) by strangers / third party (c) both (a) & (b) (d) only (b) & not (a). 323. A decree for specific movable property can be executed (a) by attachment (b) by detention (c) by seizure (d) all the above. 324. Abatement of proceedings is governed (a) by Order XXII of CPC (b) by Order XXIII of CPC (c) by Order XXIV of CPC (d) by Order XXVII of CPC. 325. Order XXII CPC applies to (a) suits (b) appeals (c) execution proceedings
(d) all the above. 326. Abatement means (a) suspension or termination of proceedings in an action for want of proper parties (b) the process of bringing on record the legal representatives of the party on death of a party to the suit
(c) the process of seeking permission to file a fresh suit on the same cause of action on the death of either party (d) all the above. 327. An application for bringing the legal representatives of a party has to be moved within (a) 30 days of the death (b) 60 days of the death (c) 90 days of the death (d) 15 days of the death. 328. Procedure in case of death of one of several plaintiffs or of the sole plaintiff has been provided (a) under Order XXII, Rule 2 of CPC (b) under Order XXII, Rule 3 of CPC (c) under Order XXII, Rule 4 of CPC (d) under Order XXII, Rule 6 of CPC. 329. If the sole plaintiff in a suit dies and no application for bringing the legal representatives of the deceased plaintiff has been moved (a) the proceedings shall be terminated immediately (b) the proceedings shall be terminated on the expiry of 90 days from the date of death of the plaintiff
(c) the proceedings shall not terminate (d) the court shall appoint an administrator of the plaintiff to continue with the suit. 330. In case a party to the suit dies and no application moved for the substitution of the legal representatives within the statutory period, under Order XXII, Rule 19 of CPC (a) the suit automatically abates on the expiry of the statutory period for moving the application without any formal order of the court (b) the suit automatically abates on the expiry of the statutory period for moving the application, however, there has to be a formal and specific order of the court to that effect (c) the suit does not abate automatically on the expiry of the statutory period for moving the application and a formal and specific order of the court to that effect is a must
(d) the suit is to be stayed till the application is presented. 331. An application for substitution of the legal repr esentatives of a defendant lies (a) under Order XXII, Rule 3 of CPC (b) under Order XXII, Rule 4 of CPC (c) under Order XXII Rule 4A of CPC
(d) under Order XXII, Rule 5 of CPC. 332. If a sole defendant in a suit dies and no application for bringing‘ on record, the legal representatives of the deceased defendant has been moved (a) the proceedings shall be terminated immediately (b) the proceedings shall be terminated on the expiry of 90 days from the date of death of the defendant (c) the proceedings shall not terminate (d) the court can appoint an administrator of the defendant and continue the proceedings 333. In case of death of a defendant the necessity of substituting the legal representatives of the deceased defendant (a) cannot be dispensed with under any circumstances (b) can be dispensed with in respect of a defendant who has failed to file the written statement (c) can be dispensed with in respect of’ a defendant who having filed the written statement, does not appear and contest the suit (d) both (b) and (c). 334. Substitution of the legal representatives of either party, in case of death, is permissible (a) when the right to sue survives (b) when the right to sue does not survive (c) when the right to sue may or may not
(d) all the above. 335. Right to sue survives in cases of suits for (a) defamation (b) assault (c) personal injuries not causing death (d) none of the above 336. In cases where there is no legal representative of a party to the suit, who died during the pendency of suit, under Order XXII, Rule 4A of CPC (a) the proceedings shall abate (b) the proceedings shall continue
(c) the court shall appoint an administrator general to represent the estate of the deceased for the purposes of the proceedings and continue with the proceedings (d) only (a) and not (b) or (c). 337. On the marriage of a female who is a party to the suit, under Order XXII, Rule 7 of CPC
(a) the proceedings shall abate (b) the proceedings shall not abate (c) it is the discretion of the court to continue or not to continue with the proceedings (d) either (a) or (c). 338. During the period of conclusion of hearing and the pronouncing of the judgment, if either party dies, under Order XXII, Rule 6 of CPC (a) the proceedings shall abate (b) the proceedings shall not abate irrespective of whether the cause of action survives or not (c) it is the discretion of the court to order abatement or non-abatement of the suit (d) either (a) or (c). 339. On abatement of suit, under Order XXII, Rule 9 of CPC (a) a fresh suit on the same cause of action can be brought as a matter of right (b) a fresh suit on the same cause of action can be brought only with the permission of the court (c) a fresh suit on the same cause of action is barred (d) either (b) or (c). 340. Abatement of suit can be set aside (a) under Order XXII, Rule 9 of CPC (b) under Order XXII, Rule 10 of CPC (c) under Order XXII, Rule 10 of CPC (d) under Order XXII, Rule 11 of CPC. 341. An assignee of an interest during the pendency of the suit can be brought onrecord by virtue of (a) Order XXH, Rule 10 of CPC (b) Order XXII, Rule 10A of CPC (c) Order XXII, Rule 4A of CPC (d) Order XXII, Rule 11 of CPC. 342. An application for substitution of the legal representatives of the defendant who has died, has to be moved by (a) the legal representatives of the defendant (b) the plaintiff
(c) both (a) and (b) (d) either (a) or (b). 343. An application for the substitution of the legal representatives of the plaintiff who has died, has to be moved by a) the legal representatives of the plaintiff
b) the defendant c) both (a) and (b) d) either (a) or (b). 344. Withdrawal of suits is governed by a) Order XXIII, Rule 1 of CPC 350 b) Order XXIII, Rule 3 of CPC Order XXIII, Rule 1 & Rule 3 of CPC Order XXIII, Rule 3A of CPC. 345. If the plaintiff wants to withdraw the suit, then a) the plaintiff can withdraw the suit against all the defendants if there are more than one b) the plaintiff has the liberty to withdraw the suit against some of the defendant if there are more than one c) the plaintiff has the liberty to withdraw the suit against anyone of the defendants d) all the above. 346. a) b) c) d)
Under Order XXIII, Rule 1 of CPC, the plaintiff is under an obligation to withdraw the suit with entirety with respect to all the claims having the liberty to withdraw the suit in its entirety or abandon a part of his claim having the liberty to withdraw only a part of his claim and cannot abandon the suit none of the above.
347. a) b) c) d)
A suit filed on behalf of a minor can be withdrawn at any time as a matter of right cannot be withdrawn withdrawn only with the leave of the court either (a) or (b).
348. After withdrawal of the suit a plaintiff a) can institute a fresh suit in respect of the same subject matter b) can institute a fresh suit in respect of the same subject matter only with the leave of the court
c) can institute a fresh suit in respect of the same subject matter only with the leave of the High Court d) cannot institute a fresh suit in respect of the same subject matter, unless liberty is given at the time of withdrawal of the suit. 349.
Liberty to institute a fresh suit in respect of the same subject matter, at the time of
withdrawal of the suit is given (a) as a general rule (b) where the suit suffers from same formal defect & is likely to fail on that account (c) where the court finds sufficient grounds (d) only (b) & (c) 350. Right to withdraw the suit, is (a) an absolute right of the plaintiff (b) a qualified right of the plaintiff (c) fettered by certain conditions (d) either (a) or (b) or (c) 351. In cases of withdrawal of suit by the plaintiff, under Order XXIII, Rule 1A of CPC (a) defendants cannot be transposed as plaintiffs (b) defendants can be transposed as plaintiffs under all circumstances (c) defendants can be transposed as plaintiff if substantial question is to be decided against any of the other defendants (d) either (a) or (b). 352. Parties to the suit can compromise in a suit (a) under Order XXIII, Rule 3A of CPC (b) under Order XXIII, Rule 3 of CPC (c) under Order XXIII, Rule 1 of CPC
(d) under Order XXIII, Rule 4 of CPC. 353. Compromise under Order XXIII, Rule 3 of CPC (a) must be in writing and signed by the parties (b) must be in writing but need not be signed by the parties (c) must be in writing but need not be lawful (d) need not be in writing but must be lawful. 354. Under Order XXIII, Rule 3, CPC, the subject matter of the compromise (a) shall be the subject matter of the suit (b) can embrace part of the subject matter of the suit and part outside it
(c) can embrace the subject matter outside the suit (d) both (b) &(c). 355. Under Order XXIII, Rule 3 of CPC, on the basis of a compromise (a) a decree has to be drawn only in respect of the subject matter that relates to the suit (b) a decree has to be drawn for the entire compromise so long as it embraces part of 356 the
subject matter of the suit and part outside it (c) a decree has to be drawn where the compromise does not embrace the subject matter of the suit at all (d) no decree need to be drawn in cases or compromise of the suit. 356. Under Order XXIII, Rule 3A of CPC, a suit to set aside a compromise decree (a) shall lie on the ground that compromise is not lawful (b) shall not lie on the ground that the compromise is not lawful (c) shall not lie on any ground (d) both (b) & (c) 357. In a representative suit, an agreement or compromise can be entered into Order XXIII, Rule 3B of CPC (a) as a general rule (b) without the leave of the court (c) only with the leave/of the court (d) both (a) & (b). 358. An agreement or compromise entered into, in a representative suit, without the leave of the court shall be (a) void (b) voidable (c) valid
(d) either valid or voidable. 359. Purposes for which the court can issue a commission have been enumerated in (a) section 73 of CPC (b) section 74 of CPC (c) section 75 of CPC (d) section 76 of CPC 360. For issuance of commission, section 75 is (a) exhaustive (b) prohibitory
(c) illustrative (d) none of the above. 361. Under section 75, a commission can be issued (a) to make local investigation (b) to hold a scientific, technical or expert investigation
(c) to perform any ministerial act (d) all the above. 362. Provisions relating to issuance of commission are contained in (a) Order XXVI of CPC (b) Order XXXII of CPC (c) Order XXVII of CPC (d) Order XXVIII of CPC. 363. Under section 78 of CPC the commission can be issued for the examination of witness by or at the instance of (a) courts situate in any part of India to which the provision of CPC do not extend (b) courts established outside India by the authority of Central Government (c) a foreign court (d) all the above. 364. Commission to make local investigation‘ can be issued (a) under Order XXVI, Rule 1, CPC (b) under Order XXVI, Rule 6, CPC (c) under Order XXVI, Rule 9, CPC (d) under Order XXVI, Rule 10, CPC. 365.
Commission to make local investigation cannot be issued for the purposes of
(a) collecting evidence on a fact (b) elucidating any matter in dispute (c) ascertaining the market value of the property (d) ascertaining the amount of manse profit. 366. Expenses of the commission have to be born by (a) the party at whose instance the commission is issued (b) the party for whose’ benefit the commission is issued (c) both parties in a suit in equal share (d) either (a) or (b).
367. Commission for local investigation can be issued (a) ex parts (b) in the presence of both the parties (c) only after hearing all the parties (d) only (a) & (b).
368. For instituting a suit against the Government or against a public officer in official capacity, the notice period under section 80 of CPC is (a) 3 months (b) 2 months (c) 1 month (d) 15 days. 369. Provisions of section 80 of CPC are a) mandatory b) directory c) discretionary d) none of the above 370. Provisions of section 80 of CPC are binding (a) the court of a Civil judge (b) the court of District Judge (c) the High Court (d) all the above 371. A suit without service of notice under section 80 of CPC can be instituted (a) generally, with the leave of the court (b) in cases where urgent or immediate relief is sought, with the leave of the court . (c) in case where urgent or immediate relief is sought, without the leave of the court
(d) only (a) &; (c) 372. In cases of urgent or immediate: relief, where leave to investigate the suit without service of notice under section 80 of CPC has been granted (a) no interim or otherwise, ex parte relief can ' (C) be granted (b) interim or otherwise exparte relief can be granted generally (c) interim or otherwise ex parte relief may be granted under certain circumstances (d) either (a) or (c) 373. Foreign Rulers, Ambassadors 8: Envoys, under section 86 of CPC a) cannot be sued in Indian Courts b) can be sued in Indian Courts without the consent of the Central Government
c) can be sued in Indian Courts only with the written consent of the Central Government d) either (a) or (b) (b) 374. Inter pleader suit has been defined (a) under section 88 of CPC (b) under section 89 of CPC
(c) under section 90 of CPC (d) under section 91 of CPC 375. (a) (b) (c) (d)
In an inter pleader suit, the plaintiff claims interest in the subject matter of the suit no interest in the subject matter of the suit except charges or costs no interest in the subject matter of the suit also not claims charges or costs only (a) and not (b) or (c).
376. a) b) c) d)
In an inter pleader suit, there are several claimants claiming the property adverse to each other is only one claimant claiming the property against the other are several claimants claiming the property under common interest of all either (a) or (b) or (c).
377. a) b) c) d)
Provisions relating to inter pleader suit are contained in Order XXII of CPC Order XXXIV of CPC Order XXXV of CPC Order XXXVI of CPC.
378. Suits for declaration 8: injunction in respect of public nuisances under section 91 of CPC, be instituted by
a) b) c) d) 379. a) b) c) d)
an individual without the leave of the court an individual with the leave of the court two or more persons without the leave of the court two or more persons with the leave of the court. Public nuisance within the meaning of section 91 of CPC is nuisance in law nuisance in fact both (a) and (b) either (a) or (b).
380. a) b) c) d)
Which of the following can be done under section 94 of CPC issuance of warrant of arrest against the defendant attachment of any property grant of temporary injunction all the above.
381. A warrant of arrest before judgment against a under section 91 of CPC defendant can be issued under – Order XXXVIII, Rule 1 of CPC a) if the defendant has absconded or left the local limits of the jurisdiction of the court if the defendant is about to abscond or leave the local limits of jurisdiction of the court b) if the defendant is about to abscond or leave the local limits of jurisdiction of the court outside the local limits of the jurisdiction of the court c) If the defendant removes the property outside the local limits of the jurisdiction of the court d) all the above. 382. Security for appearance can be required to be furnished by the defendant (a) under Order XXXVIII, Rule 1 of CPC (b) under Order XXXVIII, Rule 2 of CPC (c) under Order.XXXVIII, Rule 3 of CPC (d) under Order XXXVIII, Rule 4 of CPC. 383. When the defendant fails to furnish the security demanded from him, he can be detained in prison for a maximum period of (a) two weeks (b) six weeks (c) six moths (d) two months. 384. In cases where the amount or value of the subject matter of the suit does not exceed fifty rupees, the period of detention und er Order XXXVIII, Rule 4 of CPC ca nnot (a) exceed two weeks (b) exceed six weeks (c) exceed two months (d) exceed three months. 385. Attachment before judgment can be ordered (a) under Order XXXVIII, Rule 1 of CPC (b) under Order XXXVIII, Rule 3 of CPC (c) under Order XXXVIII, Rule 5 of CPC
(d) under Order XXXVIII, Rule 7 of CPC. 386. Attachment before judgment can be removed under Order XXXVIII, Rule 9 of CPC (a) on dismissal of the suit (b) on furnishing of security required by the defendant
(c) on (a) and (b) both (d) only (a) & not (b). 387. Attachment before judgment, in a suit dismissed in default (a) revives automatically on the restoration of the suit (b) does not revive automatically on the restoration of the suit (c) may or may not revive depending on the facts & circumstances of the case (d) neither (a) nor (b). 388. Attachment before judgment under Order XXXVIII, Rule 5 of CPC can be in respect of (a) movable property (b) immovable property (c) both (a) and (b) (d) only (b) and not (a). 389. Attachment of an immovable property can be ordered by (a) a civil court of competent jurisdiction only (b) a court of small causes only (c) both (a) and (b) (d) neither (a) nor (b). 390.
Which of the following cannot be attached before judgment
(a) agricultural produce (b) production of agricultural produce (c) both (a) and (b) (d) only (b) & not (a). 391. In which of the following suits attachment before judgment can be ordered (a) suit for possession of immovable property (b) suit for partition of immovable property (c) suit for determination of right or interest in immovable property (d) suit for compensation for wrong’ to immovable property.
392. Civil Procedure Code provides for (a) temporary injunction (b) permanent injunction (c) mandatory injunction (d) all the above.
393. Temporary injunction can be granted (a) under Order XXXIX, Rule 1 of CPC (b) under Order XXXIX, Rule 2 of CPC (c) under Order XXXIX, Rule 3 of CPC (d) under Order XXXIX, Rule 4 of CPC. 394. Injunction to restrain repetition or continuance of breach is provided (a) under Order XXXIX, Rule 1 of CPC (b) under Order XXXIX, Rule 2 of CPC (c) under Order XXXIX, Rule 3 of CPC (d) under Order XXXIX, Rule 5 of CPC 395. A temporary injunction can be granted to a party establishing (a) a primafacie case in his favour (b) balance of convenience in his favour (c) irreparable injury to him in the event of non-grant of injunction (d) all the above 396. Temporary injunction can be granted (a) ex parte (b) only after service of notice to the other party (c) only after hearing both the parties (d) all the above. 397. Consequences of disobedience or breach of injunction have been provided (a) under Order XXXIX, Rule 2A of CPC (b) under Order XXXIX, Rule 2 of CPC (c) under Order XXXIX, Rule 3 of CPC (d) under Order XXXIX, Rule 5 of CPC. 398. Under Order XXXIX, Rule 2A, a person guilty of disobedience or breach can be penalised (a) attachment of property (b) detention in civil imprisonment
(c) either (a) or (b) or both ' (d) only (a) & not (b). 399. Period of detention in civil imprisonment under Order XXXIX, Rule 2A of CPC shall not (a) exceed six months
(b) exceed three months (c) exceed two months (d) exceed one month. 400. Attachment of property attached shall remain operative under Order XXXIX, Rule 2A of CPC for a period of (a) three years (b) two years (c) one year (d) six months. 401. An application for grant of temporary injunction shall be decided, in cases of grant of ex parte temporary injunction, as provided under Order XXXLX, Rule 3A of CPC, within (a) thirty days (b) forty five days (c) sixty days (d) ninety days 402. Order XXXIX, Rule 4 of CPC provides for (a) discharge of the order of injunction (b) setting aside of the order of injunction (c) variation in the order of injunction
(d) all the above. 403. Temporary injunction granted after hearing the parties, shall be operative (a) till the final disposal of the suit (b) till the settlement framing of issues (c) till the conclusion of the plaintiff’s evidence (d) till the completion of pleadings. 404. Appointment of receiver has been dealt with (a) under Order XLIV (b) under Orderi XLII
(c) under Order XL (d) under Order XLV 405. Receiver can be appointed for the purposes of (a) protection of rights of the parties to the suit (b) prevention of injury to the subject matter of the suit
(c) both (a) and (b) (d) neither (a) nor (b) 406. A receiver is an (a) officer of the court (b) agent of the plaintiff (c) agent of the defendant (d) agent of the parties to the suit 407. A receiver appointed in respect of any property under Order XL of CPC (a) has a right to deal with the property, the way he likes generally (b) has a right to deal with the property only with the leave of the court (c) has a right to deal with the property without the leave of the court (d) both (a) & (c). 408. A receiver can be appointed (a) during the pendency of proceedings (b) after the termination of proceedings (c) both (a) and (b) (d) either (a) or (b). 409. Appointment of a receiver (a) can be claimed as a matter of right
(b) is mandatory (c) is discretionary (d) is prohibitory. 410. A receiver (a) can be sued generally for acts done in his official capacity by a third party. (b) cannot be sued at all for acts done in his official capacity by a third party. (c) can sue and can be sued for acts done in his official capacity by a third party only with the leave of the court appointing him. (d) can sue without the leave of the court but cannot be sued without the leave of the court appointing him.
411. Which of the following is incorrect (a) property in the hands of the receiver cannot be attached without the permission of the court appointing him (b) receiver can purchase the property in respect of which he has been appointed as receiver (c) if the receiver fails to account for the gain & loss and loss ensued by his conduct, the loss so
occasioned can be made good by attaching and sale of receivers’ personal property (d) all the above. 412. If anyone interferes with the possession of the receiver appointed under Order XL of CPC, contempt proceedings against such a person can be initiated by (a) the court (b) the receiver or a party to the suit (c) the receiver only (d) either (a) or (c) 413. A receiver can be appointed for better custody or management of (a) movable property (b) immovable property (c) both (a) and (b) (d) only (b) & not (a) 414. A receiver cannot be appointed (a) when no harm is going to be caused to any party by such appointment (b) when the property is in possession of a party to the suit (c) both (a) & (b) (d) neither (a) nor (b) 415.
In which of the following suits, a receiver can be appointed
(a) suit for dissolution of partnership (b) suit for partition of joint family property (c) suit for foreclosure or sale of a mortgaged property (d) only (a) & (c). 416. Notice under section 80 of CPC has to be served on (a) the Secretary to the Government (b) the Deputy Commissioner (c) the President of India (d) the Prime Minister of India
417. Notice under section 80 of CPC, when it relates to railways, has to be served on (a) the Secretary, Railways (b) the Minister, Railways (c) the General Manager, Railways (d) either (a) or (b) or (c).
418. A suit through ‘next friend’ can be filed by (a) a minor (b) a lunatic (c) both (a) & (b) (d) only (b) &: not (a) 419. ‘Next friend’ is (a) a local commissioner (b) a receiver (c) a person defending a suit on behalf of the minor (d) a person filing a suit on behalf of a minor. 420.
‘Guardian at litem’
(a) is a person defending a suit on behalf of a minor (b) a receiver (c) a local commissioner (d) all the above 421. A suit instituted by a minor or a lunatic without a next friend, under Order XXXII, Rule 2 of CPC, the same is liable to be (a) struck of (b) stayed (c) proceeded with in ordinary course
(d) proceeded with if the defendant consents. 422. A person can act as a ‘next friend’ if he is (a) major (b) sound mind (c) not having any interest adverse to that of a minor or lunatic residing in India (d) fulfilling all the three requirements. 423. Provisions relating to suit by or against a minor, are contained in (a) Order XXXIII of CPC (b) Order XXXII of CPC (c) Order XXXI of CPC
(d) Order XXXIV of CPC. 424. On the retirement, removal or death of a ‘next friend’, under Order XXXII, Rule 10 of CPC, the suit is liable to be (a) stayed (b) dismissed
(c) rejected (d) either (a) or (b) or (c). 425. A person can be appointed as a guardian under Order XXXII, Rule 4 of CPC (a) on his oral consent (b) on his consent in writing (c) either (a) or (b) (d) neither (a) nor (b). 426. A ‘next friend’ or guardian, under Order XXXII, Rule 7 of CPC (a) can enter into an agreement without the leave of the court but cannot compromise a suit (b) can neither enter into an agreement nor compromise the suit on behalf of the minor without the leave of the court (c) cannot enter into an agreement without leave of the court but enter into a compromise (d) can enter into an agreement and also compromise in a suit on behalf of a minor without the leave of the court. 427. An agreement entered into or compromise, on behalf of a minor without the leave of the court, under Order XXXII, Rule 7 of CPC is (a) valid (b) void (c) voidable against all the parties other than the minor (d) voidable against all the parties including the minor.
428. A ‘next friend’ or guardian, of a minor, in a suit (a) stands discharged automatically on attaining majority (b) can be discharged if the minor on attaining majority elects to continue with the suit applies for the discharge (c) can be discharged if the minor on attaining majority elects to continue with the suit but does not apply for the discharge of next friend or guardian (d) all the above. 429. A ‘next friend’, under Order XXXII, Rule 8 of CPC can retire (a) without first procuring a fit person to replace him but ‘not without giving security for costs
already incurred (b) not without first procuring a fit person to replace him and also not without furnishing security for costs already incurred (c) not without first procuring a fit person to replace him but without furnishing security for costs already incurred (d) without first procuring a fit person to replace him and without furnishing security for cost already incurred. 430. Under Order XXXII, Rule 9 of CPC, a ‘next friend’ of a minor can be removed (a) if he ceases to reside in India during the pendency of the suit (b) where the interest of next friend becomes adverse to that of the minor (c) where the next friend does not do his duty (d) all the above. 431. Provisions relating to suits by indigent persons are contained in (a) Order XXXII of CPC (b) Order XXXIII of CPC (c) Order XXXIV of CPC (d) Order XXXV of CPC. 432. A person is an indigent person within the meaning of Order XXXIII, Rule 1 of CPC, if he is not possessed of (a) sufficient means to pay the fee payable on the plaint (b) any means to pay the fee payable on the plaint (c) sufficient means for his livelihood (d) all the above. 433. Application for permission to sue as a pauper is to be presented by (a) person himself
(b) an authorised agent (c) either (a) or (b) (d) only (a) & not (b) 434. While determining ‘sufficient means’ of a person (a) property exempt from attachment in execution of a decree is to be excluded (b) property exempt from attachment in execution of a decree is not to be excluded (c) property exempt from attachment in execution of a decree may or may not be excluded (d) none of the above suits by indigent
435.
A permission to sue as pauper once granted, under Order XXXIII, Rule 9 of CPC
(a) can never be withdrawn (b) can be withdrawn generally (c) can be withdrawn under certain circumstances only (d) either (a) or (b). l 436.
Under Order XXXIII, Rule 9 of CPC, permission to sue as pauper can be withdrawn
(a) if the plaintiff is guilty of vexatious or improper conduct in the course of the suit (b) if the plaintiff has entered into an agreement with reference to subject-matter of the suit creating an interest in that person (c) both (a) & (b) (d) neither (a) nor (b). 437. If a plaintiff succeeds in the suit permitted to be instituted as pauper, under Order XXXIII, Rule 10 of CPC, the fee payable on the plaint shall be recoverable from (a) the plaintiff (b) the defendant (c) any party ordered by the decree to pay the same (d) only plaintiff & none else. 438. If a pauper suit abates on the death of the plaintiff, under Order XXXIII, Rule 11A of CPC, the fee payable on the plaint shall be recoverable from (a) the defendant (b) the estate of the deceased plaintiff (c) the public exchequer (d) either (a) or (b) or (c). 439. Rejection of an application for permission to sue as a pauper (a) bars a fresh application on the same cause of action (b) does not bar a fresh application as the same cause of action if moved along with amended
schedule of property (c) does not bar a fresh application on the same cause of action with the leave of the court (d) does not bar a fresh application ‘at all. 440. In case the application for permission to sue as pauper is allowed, the suit is deemed to have been instituted (a) on the date of presentation of the application for permission to sue as a pauper (b) on the date on which the permission to sue as pauper granted (c) either (a) or (b) as directed by the court (d) only (b) ¬ (a).
441. In case the application for permission to sue as pauper is rejected, the suit is deemed to have been instituted, under Orde r XXXIII, Rule 15A of CPC (a) on the date on which the permission to sue as pauper refused (b) on the date on which the court fee is paid (c) on the date on which the application for permission to sue as pauper was presented (d) either (a) or (b) or (c) as directed by the court. 442. Permission under Order XXXIII of CPC can be granted (a) to sue (b) to plead a set-off (c) to plead a counter-claim (d) all the above 443. Summary procedure in relation to suits has been provided (a) under Order XXXV of CPC (b) under Order XXXVII of CPC (c) under Order XXXVIII of CPC (d) under Order XLIV of CPC. 444. A suit under Order XXXVII can be filed in (a) Courts of Small Causes (b) City Civil Courts (c) High Courts (d) all the above. 445. A suit under Order XXXVII can be filed on the basis of (a) bills of exchange (b) hundies (c) promissory notes
(d) all the above. 446. A suit under Order XXXVII canno t be filed on the basis of (a) an enactment (b) a guarantee t (c) both (a) and (b) (d) neither (a) nor (b). 447. Which of the following can be contemplated as written contracts under Order XXXVII of CPC (a) bills invoices (b) acknowledgment or a signed statement of account
(c) both (a) and (b) (d) neither (a) nor (b). 448. An order refusing the leave to defend under Order XXXVII of CPC can be (a) challenged before the court passing the order (b) challenged through appeal
(c) challenged through revision (d) either (a) or (b) or (c). 449. A decree passed in a suit under Order XXXVII of CPC due to non-applying for leave to defend may be set aside (a) under Order IX, Rule 13 of CPC (b) under Order XXXVII, Rule 4 of CPC (c) under Order XXXVII, Rule 7 of CPC (d) either (a) or (b) or (c). 450. The power under Order XXXVII, Rule 4 of CPC is (a) confined to setting aside the ex-parte decree (b) not confined to setting aside the ex-parte decree and extends to staying or setting aside the execution but not to giving leave to appear and defend the suit (c) not confined to setting aside the ex-parts decree, and extends to staying or setting aside the exemption and giving leave to appear and defend the suit (d) confined to staying or setting aside the exemption. 451. An ex-parte decree passed under Order XXXVII of CPC can be set aside under Order XXXVII, Rule 4 (a) under special circumstances (b) on showing sufficient cause as con-templated under Order IX, Rule 13 of CPC (c) under general circumstances
(d) either (a) or (b) or (c). 452. In an application under Order XXXVII, Rule 4 of CPC for setting aside the ex-parte decree, the defendant has to show (a) special circumstances which prevented him from appearing or applying for leave to defend (b) facts which would entitle him to leave to defend (c) both (a) and (b) (d) either (a) or (b). 453. In a suit under Order XXXVII, Rule 2 of CPC the defendant has to put in appearance within
(a) 10 days of service of summon (b) 15 days of service of summon (c) 30 days of service of summon (d) 60 days of service of summon. 454.
Delay in putting in the appearance in a suit under Order XXXVII
(a) cannot be condoned (b) can be condoned as a matter of right (c) can be condoned on sufficient cause being shown (d) either (a) or (b) 455. Defendant has to seek leave to defend the suit under Order XXXVII, Rule 3 of CPC (a) within 60 days of service of summon for judgment (b) within 30 days of service of summon for judgment (c) within 10 days of service of summon for judgment (d) within 7 days of service of summons for judgment. 456. A leave to defend may be (a) refused (b) granted unconditionally (c) granted conditionally (d) either (a) or (b) or (c). 457. The delay in applying for leave to defend (a) can be condoned generally (b) can be condoned on a sufficient cause being shown (c) cannot be condoned under any circumstances (d) either (a) or (b). 458. Under Order XXXVII, Rule 3 of CPC the delay upto (a) 10 days is condonable (b) 30 days is condonable (c) 90 days is condonable (d) no limit has been prescribed. 459. If a defendant fails to) put in appearance or fails to apply for leave within the statutory period, the suit is liable to be (a) stayed (b) dismissed (c) decreed
(d) either (a) or (b). 460. Period of limitation for filing a summary suit IS (a) 6 months from the date when the debt becomes due & payable (b) one year from the date when the debt becomes due to payable (c) two years from the date when the debt becomes due and payable
(d) three years from the date when the debt becomes due and payable. 461. Right to appeal is (a) statutory right (b) natural right (c) inherent right (d) all the above. 462. Right to appeal is to be governed by (a) the law prevailing at the time of pronouncement of judgment (b) the law prevailing at the time of institution of the suit (c) the law prevailing on the date of appeal (d) the law prevailing on the last day of limitation for filing an appeal. 463. Right to appeal from every srcinal decree has been provided under (a) section 94 of CPC (b) section 95 of CPC (c) section 96 of CPC (d) section 100 of CPC.
464. Under section 96 of CPC, no appeal can be filed (a) against a compromise decree (b) against a decree in any suit cognizable by the courts of Small Causes, except on a question of law (c) both (a) & (b) (d) only (a) is correct and (b) is incorrect. 465. Under section 96, an appeal can be preferred against a decree (a) by parties to the suit (b) by strangers/ third parties generally (c) by the strangers to the suit with the leave of the court (d) all the above. 466.
An appeal from a decree passed in appeal has been provided
(a) under section 97 of CPC (b) under section 98 of CPC (c) under section 99 of CPC (d) under section 100 of CPC 467.
Under section 100 of CPC, second appeal lies to
(a) the court of the District Judge (b) the High Court (c) the Supreme Court (d) either (a) or (b) or (c). 468. Second appeal under section 100 of CPC lies (a) on question of facts (b) on substantial questions of law (c) on mixed question of law & fact (d) all the above. 469. Provisions relating to appeal from srcinal decree are contained in (a) Order XL of CPC (b) Order XLI of CPC (c) Order XLII of CPC (d) Order XLVII of CPC. 470. Under section 100 of CPC, a second appeal can be (a) partly admitted & partly rejected K (b) admitted in its entirety (c) rejected in totality (d) either (b) or (c). 471. Which of the following is incorrect (a) second appeal lies in a suit cognizable by the courts of small causes, when the subject matter of srcinal suit does not exceed Rs. 3,000 (b) no second appeal lies in a suit cognizable by courts of small cause when the subject matter of srcinal suit does not exceed Rs.3,000 (c) in second appeal, the High Court may determine any question which has not been determined or wrongly determined by the courts below (d) both (a) &(b). 472. Appeals can be preferred against (a) decree (b) order
(c) both decree & order (d) only decree & not order. 473. Pauper appeals have been provided a) under Order XLII of CPC b) under Order XLIII of CPC
c) under Order XLIV of CPC d) under Order XLV of CPC. 474. A reference under section 113 of CPC can be made to the (a) Court of District Judge (b) High Court (c) Supreme Court (d) all the above. 475. Reference means (a) the orders given by the High Court to the courts subordinate to the High Court (b) the opinion sought of the High Court by the courts subordinate thereto on a question of law, (c) the opinion sought of the High Court by the Courts subordinate thereto on a question of fact (d) none of the above. 476. Review of a judgment has been provided (a) under section 112 of CPC (b) under section 114 of CPC (c) under section 115 of CPC (d) under section 116 of CPC
477. A judgment passed by a court can be reviewed (a) by the court passing the judgment (b) by the court of District Judge (c) by the High Court (d) by the Supreme Court. 478. Review is maintainable (a) when an appeal is provided, but no appeal preferred (b) when no appeal is provided (c) both (a) & (b) (d) only (a) & not (b) 479.
Grounds for review have been provided under
(a) Order XLVII, Rule 1 of CPC (b) Order XLII, Rule 1 of CPC (c) Order XLIII, Rule 1 of CPC (d) Order XLIV, Rule 1 of CPC. 480.
A judgment can be reviewed on the ground of
(a) discovery of new‘& important evidence, not within the knowledge of the party concerned (b) mistake of error of fact or law on the face of the record (c) both (a) 8: (b) (d) neither (a) nor (b). 481. Section 115 of CPC provides for (a) reference (b) review (c) revision (d) appeal to the Supreme Court. 482. Under section 115 of CPC, the provisional jurisdiction is with (a) the High Court (b) the court of the District Judge (c) the court of small causes (d) all the above. 483. Section 115 applies to (a) exercise of jurisdiction -not vested in a court (b) non-exercise of jurisdiction vested in a court (c) irregular exercise of jurisdiction vested in the court (d) all the above 484. Remedy of revision is not available (a) in order from which an appeal lies (b) in interlocutory order (c) both (a) & (b) (d) neither (a) nor (b) 485. Doctrine of restitution is contained in (a) section 144 of CPC (b) section 145 of CPC (c) section 148 of CPC (d) section 149 of CPC.
486. Section 144 of CPC (a) confers a new substantive right (b) is exhaustive (c) is equitable in nature (d) all the above. 487. Restitution under section 144 of CPC can be (a) against a party to the suit (b) against sureties (c) both (a) & (b) (d) neither (a) nor (b). 488. Right to lodge a caveat has been provided under (a) section 148 of CPC (b) section 148A of CPC (c) section 148B of CPC (d) section 147 of CPC. 489. A caveat shall not remain in force after the expiry of (a) 30 days (b) 60 days (c) 90 days (d) 180 days. 490. Lodging of caveat under section 148A of CPC (a) entitles the caveator to receive" notice of the application (b) makes the caveator a party to the suit (c) both (a) & (b)
(d) neither (a) nor (b). 491. Court fee on a plaint can be permitted to be paid on a subsequent date (a) under section 148 of CPC (b) under section 149 of CPC (c) under section 151 of CPC (d) under section 153 of CPC. 492. Under section 149 of CPC on payment of court fee on a subsequent date (a) the document shall have the same effect on if the court fee were paid at the first instance (b) the document shall not have the same effect on if the court fee were paid at the first instance
(c) the document shall have the effect as directed by the court (d) either (a) or (b). 493. Inherent powers of the court are contained in (a) section 151 of CPC (b) section 152 of CPC
(c) section 153 of CPC (d) section 150 of CPC. 494. Inherent powers under section 151 of CPC are (a) discretionary in nature (b) in addition to the power conferred under the other provision of the Code (c) both (a) & (b) (d) only (a) & not (b). 495. Appeal from srcinal decree lies (a) on question of facts (b) on question of law (c) both question of law and question of facts (d) all the above. 496. A letter of request under section 77 of CPC, to examine a witness can be issued by the court (a) in lieu of issuing a commission (b) in addition to issuing a commission (c) either (a) or (b) (d) neither (a) nor (b). 497.
A letter of request in lieu of issuing a commission to examine a witness, under 77 of
CPC can be issued in respect of a person (a) residing at any place within India p (b) not ordinarily residing at any place within India (c) residing at any place not within India (d) either (a) or 498. 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 of CPC, execution shall not be issued on any such decree (a) unless the decree remains unsatisfied for a period of three months from the date of the decree. (b) unless the decree remains unsatisfied for a period of six months from the date of the decree (c) unless the decree remains unsatisfied for a period of one year from the date of the decree
(d) unless the decree remains unsatisfied for a period of two years from the date of the decree. 499. Who amongst the following under section 83 of CPC cannot sue in any court (a) alien enemy residing in India with the permission of the Central Government (b) alien enemy residing in a foreign country (c) alien friend
(d) neither (a) nor (b) nor (c). 500. Under section 83 of CPC, an alien enemy residing in India without the permission of the Central Government (a) can sue in any court only with the permission of the Central Government (b) can sue in any court with the permission of the State Government of the State where he is residing (c) either (a) or (b) (d) cannot sue in any court at all. 501. Section 89 of CPC provides for (a) settlement of dispute outside court (b) settlement of dispute through court (c) settlement of dispute through village panchayat (d) all the above. 502. Under section 89 of CPC, the ‘court can refer the dispute for settlement outside the court (a) if the dispute is of short term (b) if there exist elements of settlement which may be acceptable to the parties (c) if the dispute is a petty dispute (d) all the above. 503. Where a dispute is referred by the court under section 89 of CPC, for mediation the proceedings shall be governed by (a) the provision of the Arbitration and Conciliation Act, 1996 (b) the provision of the Legal Services Authority Act, 1987 (c) either (a) or (b) (d) neither (a) nor (b) 504. Where, in any suit in which an arrest or attachment has been effected or a temporary injunctions granted, the court, under section 95 of CPC can order for payment of compensation to the defendant against the plaintiff in case (a) where such arrest, attachment or injunction was applied for on insufficient grounds
(b) where the suit of the plaintiff fails and it appears that there was no reasonable or probable grounds for instituting the same (c) either (a) or (b) (d) only (b) and not (a). 505.
Where an order for compensation against the plaintiff is passed under section 95 of
CPC, section 95(2) of CPC provides that (a) a suit for compensation in respect of such arrest, attachment or injunction lies (b) a suit for compensation in respect of such arrest, attachment or injunction is barred (c) the amount of compensation awarded shall be adjusted in the amount of compensation awarded in a suit for compensation in respect of such arrest, attachment or injunction V (d) the amount of compensation awarded shall be of no consequences and the court can award compensation independently in a suit for compensation in respect of such arrest, attachment or injunction. 506. No appeal can be filed, as provided under section 96(4) of CPC, against a decree in any suit cognizable by the Courts of Small Causes except on a question of law, where the value of the subject-matter of the srcinal suit does not exceed (a) Rs. 3,000 (b) Rs. 5,000 (c) Rs. 10,000 (d) Rs. 25,000. 507. Under Order IV, Rule 1(3) of CPC, a plaint shall not be deemed to be properly instituted if it does not comply with the rules contained in (a) Order IV, Rule 1(1) and 1(2) of CPC (b) Order VI of CPC (c) Order VII of CPC (d) either (a) or (b) or (c) 508. Order V, Rule 9(3) of CPC provides for service of summons to the defendant by (a) registered post acknowledgement due (b) speed post (c) courier services (d) either (a) or (b) or (c). 509. Under Order V, Rule 9(3) of CPC, summon to defendant can be served through (a) courier services (b) fax messages or electronic mail services (c) either (a) or (b)
(d) neither (a) nor (b). 510. Under Order V, Rule 9A of CPC, summons for serving on the defendant, can be delivered to (a) the courier services (b) the plaintiff
(c) the process officer (d) either (a) or (b) or (c). 511. Dasti summons for serving on the defendant(s) can be given to the plaintiff by virtue of (a) Order V, Rule 9A of CPC (b) Order V, Rule 9 of CPC (c) Order V, Rule 7 of CPC (d) Order V, Rule 6 of CPC. 512. Summons for serving on defendant(s) can be issued and delivered to the plaintiff under Order V, Rule 9A of CPC, (a) in lieu of summons issued and delivered under Order V, Rule 9 of CPC (b) in addition to the summons issued and delivered under Order V, Rule 9 of CPC (c) after the summons issued and delivered under Order V, Rule 9 of CPC remained unserved (d) after the summons issued and delivered under Order V, Rule 9 of CPC has been refused. 513. Under Order V, Rule 9A of CPC, where the summons has been issued and delivered to the plaintiff for service on defendant(s) is refused unserved with the endorsement ‘refused’, the court (a) shall declare that the summons has been duly served on the defendant(s) (b) may declare that the summons had been duly served on the defendant(s) (c) re-issue the summons to be served by the court
(d) either (b) or (c). 514. The provision for substituted service of summons on the defendant(s) has been made under (a) Order V, Rule 19 of CPC (b) Order V, Rule 19A of CPC (c) Order V, Rule 20 of CPC (d) Order V, Rule 21 of CPC. 515. Where the defendant resides out of India the summons shall be addressed and sent to him under Order V, Rule 25 of CPC,
(a) through post (b) through any court having jurisdiction in the place where the defendant resides (c) through the High Court in the place where the defendant resides (d) either (a) or (b) or (c). 516.
Under Order VI, Rule 17 of CPC, an application for amendment of pleadings can be
allowed (a) before the commencement of trial (b) after the commencement of trial (c) either before or after the commencement of trial (d) no such condition’ is required. 517. Under Order VI, Rule'18 of CPC, the time limit, for the purpose of carrying on the amendment in the pleading, by the order of the court (a) can be extended upto a maximum period of 14 days from the date of order, if no time is limited (b) can be extended upto a maximum period of 30 days from the date of order, if no time is limited (c) can be extended without any maximum limit (d) cannot be extended at all. 518. Where the court orders for issuance & service of summons on the defendant(s), under Order VII, Rule 9 of CPC, the plaintiff is required to present the copy(ies) of the plaint alongwith the requisite fee, within (a) 7 days of the order (b) 10 days of the order (c) 14 days of the order (d) 15 days of the order. 519. A private transfer or delivery of the property attached made in pursuance of any contract for such transfer or delivery entered into an registered before the attachment, by virtue of section 64(2) of CPC, shall be (a) void (b) voidable (c) valid (d) invalid. 520. Where a plaintiff fails to present the required copy/copies of the plaint alongwith the requisite fee within the prescribed period under Order VII, Rule 9 of CPC from the date of the order of serving of summons on the defendant, the plaint is liable to be
(a) rejected (b) dismissed for non-prosecution (c) dismissed in default (d) neither (a) nor (b) nor (c) 521.
A defendant is required to file a written statement of his defence within 30 days
from the date of service of summons as provided under (a) Order V, Rule 1 of CPC (b) Order VIII, Rule 1 of CPC (c) Order VIII, Rule 10 of CPC (d) all the above. 522. If a defendant fails to file the written statement within 30 days from the date of service of summons, the court for the reasons to be recorded in writing, can allow him to file the same, within (a) 90 days from the date of service of summons (b) 90 days from the date of expiry of 30 days from the date of service of summons 90 days from the date of the institution of the suit d) 30 days from the date of expiry of 30 days from the date of service of summons.
523. In case of failure of the defendant to file the written statement within 30 days from the date of service of summons, the court can allow the defendant to file the same at a later date as prescribed under a) Order V, Rule 1 of CPC b) Order VIII, Rule 1 of CPC c) Order VIII, Rule 10 of CPC d) all the above. 524.
Under Order VIII, Rule 1A of CPC, if a document is not filed along with the
pleadings, at the hearing of the suit, such document shall not without the leave of the court, be allowed to be received in evidence a) on behalf of the plaintiff b) on behalf of the defendant c) on behalf of either plaintiff or defendant d) on behalf of a third party. 525. Where a defendant has not filed a document documents alongwith the written statement, under Order VIII, Rule 1A(4) of CPC, the defendant is a) precluded from producing the same for the cross-examination of plaintiff's witnesses b) precluded from handing over the same to the witness to refresh his memory
c) both (a) and (b) d) neither (a) nor (b). 526. Subsequent to the filing of written statement, under Order VIII, Rule 9 of CPC, the defendant a) can file the pleadings by way of defence of set-off or counter-claim without the leave of the
court b) can file the pleadings by way of defence of set-off or counter—claim only with the leave of the court c) cannot file any pleadings by way of defence of set-off or counter~claim at all d) only (c) and not (a) or (b). 527. When the court requires a written statement or additional written statement from any of the parties, under Order VIII, Rule 9 of CPC, the same can be presented within a) 30 days from the date of the order b) 15 days from the date of the order c) 14 days fro.n the date of the order d) 7 days from the date of the order. 528. Where the plaintiff fails to pay the court-fee or postal charges or to present the copies of the plaint, for service of summons to the defendant, but the defendant appears in person, the suit of the plaintiff is liable to be (a) rejected under Order VII, Rule 11 of CPC (b) dismissed for non-prosecution under Order IX, Rule 2 of CPC (c) dismissed in default under Order IX, Rule (d) either (a) or (b) or (c). 529. A fresh suit on the same cause of action is not barred when (a) rejected under Order VII, Rule ll of CPC
(b) dismissed under Order IX, Rule 2 of CPC (c) dismissed under Order IX, Rule 3 of CPC (d) either (a) or (b) or (c). 530. A plea of ‘demurrer’ means that (a) the suit is barred by law for the time being in force under Order VII, Rule l1(d) of CPC (b) the suit is barred, the plaint being not supported by the affidavit as required under Order VI/Rule l5 of CPC (c) the plaint does not disclose any cause of action (d) the plaint has not been signed and verified by a competent person.
531. Where a summons to the defendant(s) is returned unserved, under Order IX, Rule 5 of CPC, the plaintiff has to apply for issuance of fresh summons to the defendant(s) within (a) 14 days of the return (b) 7 days of the return (c) one month of the return
(d) 15 days of the return. 532. 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 (a) rejected under Order VII, Rule 11 of CPC (b) dismissed under Order IX, Rule 2 of CPC (c) dismissed under Order IX, Rule 5 of CPC (d) either (a) or (b) or (c). 533. Where a suit of the plaintiff is dismissed under Order IX, Rule 5 of CPC, a fresh suit on the same cause of action is (a) barred under Order IX, Rule 9 of CPC (b) not barred under Order IX, Rule 9 of CPC (c) barred under Order IX, Rule 5(2) of CPC (d) not barred under Order IX, Rule 5 of CPC. 534. Under Order X, Rule 1A of CPC, the court can direct the parties to opt for any one mode of alternate dispute resolution (a) at any stage of the proceedings (b) after recording the admissions and denials (c) before recording the admissions and denials (d) immediately on filing of the written statement by the defendant(s). 535. A party can be called upon, to admit any document, by notice as provided under (a) Order XII, Rule 2 of CPC (b) Order XII, Rule 1 of CPC (c) Order XII, Rule 4 of CPC (d) Order XII, Rule 3 of CPC. 536. Under Order XII, Rule 2 of CPC, a notice to admit any document can be given by (a) plaintiff to the defendant (b) defendant to the plaintiff (c) either party to the other party
(d) only (a) and not (b) or (c). 537. The time to be given to a party to admit any document, when called upon by the other party by notice, under Order XII, Rule 2 of CPC, is (a) 15 days from the date of service of notice (b) 7 days from the date of service of notice
(c) 10 days from the date of service of notice (d) 30 days from the date of service of notice. 538. Any party to the suit, for the purposes of the suit only, under Order XII, Rule 4 of CPC (a) can be called upon by the other party to admit facts (b) can be called upon by the other party to admit any document (c) can be called upon by the other party to produce the documents (d) neither (a) or (b) or (c). 539. When a party is called upon by notice to admit fact(s) by the other party, under Order XII, Rule 4 of CPC, the party on whom the notice has been served has to admit the facts within (a) 15 days of the service of notice (b) 9 days of the service of notice (c) 7 days of the service of notice (d) 6 days of the service of notice 540. Admission of fact(s) once made under Order XII, Rule 4 of CPC, can be allowed to be (a) amended (b) withdrawn (c) either (a) or (b)
(d) neither (a) nor (b). 541. Order XII, Rule 8 of CPC pertains to (a) notice to admit document(s) (b) notice to admit fact(s) (c) notice to produce document(s) (d) both (a) and 542. Under Order XIII, Rule 1 of CPC, (a) that documentary evidence in srcinal shall be admitted the copies of which have been filed alongwith the plaint or the written statement
(b) that documentary evidence in srcinal shall be admitted the copies of which may not have been filed alongwith the plaint or the written statement (c) that documentary evidence in srcinal shall be admitted which was in possession of the parties through the copies of the same may not have been filed alongwith the plaint or the written statement (d) all the above. 543. a) b) c) d)
Documents which are not admitted in evidence under Order XIII, Rule 7 of CPC, shall form part of the record not form part of the record and shall be returned to the party in whose name the same stand not form part of the record and shall be returned to the person(s) producing them either (b) or (c). V
544. The expenses of a witness for whom the summons have to be obtained, is to be, under Order XVI, Rule 2 of CPC, borne (a) by the plaintiff (b) by the defendant (c) by the party applying for the summons (d) by the court 545. Order XVII, Rule 1 of CPC restricts the number of adjournment to be granted to a party to (a) five (b) four (c) three (d) two 546. The court under Order XVII, Rule 1(2) of CPC, while granting adjournment can impose a cost
(a) occasioned by the adjournment (b) higher than the one occasioned by the adjournment (c) either (a) or (b) (d) only (a) and not (b). 547. Order XVIII, Rule 2(3A) of CPC authorises a party to file (a) written arguments before the conclusion of the oral arguments (b) written arguments after the conclusion of the oral arguments (c) written arguments either before or after the conclusion of the oral argument (d) written arguments only without any oral arguments.
548. The propositions are: Under Order XVIII, Rule2of CPC I. Written arguments can be filed before the conclusion of oral arguments II. A copy of the written arguments shall be punished simultaneously to the other party III. Adjournment shall be granted generally for the purpose of filing the written arguments IV. the Court cannot fix any time-limit for oral arguments Which of the following is correct in respect of the aforesaid propositions: (a) I & III are correct, II & IV are incorrect (b) I & II are correct, III & IV are incorrect (c) I 8: IV are correct, II & III are incorrect (d) III & IV are correct, I & II are incorrect. 549. Under Order XVIII, Rule 4(1) of CPC, the" Examination-in-Chief of a witness shall be (a) recorded by the Judge (b) recorded by the Commissioner appointed by the Court (c) on affidavit (d) either (a) or (b) or (c). 550. The proof and admissibility of the documents which are filed along with the affidavit, under Order XVIII, Rule 4(1) of CPC shall (a) be subjected to the agreement between the parties (b) be subjected to the orders of the court (c) stand established (d) be conclusive. 551. The cross-examination of a witness in attendance whose Examination-in-Chief has been furnished by affidavit, under Order XVIII, Rule 4(2) of CPC shall be taken
(a) by the court (b) by the Commissioner appointed by the court (c) either (a) or (b) (d) only (a) and not (b). 552. Under Order XVIII, Rule 4(4) of CPC, the objection raised during the recording of evidence by the Commissioner (a) shall be recorded by him and decided by him (b) shall be recorded by him and decided by the court at the stage of arguments (c) shall be recorded by him and referred to the court immediately for deciding further with the recording of evidence
(d) shall be recorded by him and decided by him in consultation with the court. 553. The Commissioner appointed for the purposes of recording evidence (crossexamination) is obliged to submit his report to the court appointing the commission within (a) 15 days from the date of issue of the commission
(b) 30 days from the date of issue of the commission (c) 60 days from the date of issue of the commission (d) 90 days from the date of issue of the commission. 554. The Commissioner appointed under Order XVIII of CPC for recording of evidence, is not empowered to record (a) re-examination of a witness (b) decide objections raised during the recording of evidence (c) both (a) and (b) (d) neither (a) nor (b). 555. Under Order XVIII of CPC, a Commissioner cannot be appointed to record (a) cross-examination of a witness (b) re-examination of a witness (c) both (a) and (b) (d) neither (a) nor (b). 556. Order XXVI, Rule 4A of CPC, empowers the court to issue commission in a suit, for examination of a person (a) resident within the local limits of its jurisdiction (b) residents beyond the local limits of its jurisdiction (c) who is about to leave the local limits of its jurisdiction (d) either (a) or (b) or (c). 557. For the examination of a person who is a resident within the local limits of jurisdiction of a court, commission (a) can be issued under Order XXVI, Rule 4 of CPC (b) can be issued under Order XXVI, Rule 4A of CPC (c) can be issued under either (a) or (b) (d) cannot be issued under either (a) or (b). 558. Under Order XX, Rule 5 of CPC, the court shall state its finding or decision (a) only on the issues of law (b) only on the issues of facts
(c) on each separate issue (d) only on the issues mixed of law and facts. 559. Order VI Rule 15 of CPC requires that (a) the verification of the pleadings shall be signed by the person making it (b) the person verifying the pleadings shall also file an affidavit in support of the verification
(c) either (a) or (b) (d) both (a) and (b). 560. Supreme Court in which among the following cases observed that CPC Amendment Acts of 1999 and 2002 are constitutionally valid? (a) Salem Advocate Bar Association, Tamil Nada v. Union of India (b) Delhi High Court Bar Association v. Union of India (c) Allahabad High Court Bar Association v. Union of India (d) Punjab & Haryana High Court Bar Association v. Union of India. 561. Recording of evidence can be done with the help of electronic media, audio or audio visual”, which was affirmed by the Supreme Court in case of Salem Advocate Bar Association, Tamil Nadu v. Union of India pe rtains to the year (a) 2001 (b) 2002 (c) 2003 (d) 2004. 562. Non-joinder of parties is mixed question of law and fact and cannot be raised for first time in (a) execution proceedings (b) special proceedings (c) suit
(d) none of the above. 563. Under section clerical and arithmetical mistakes in judgments can be rectified (a) 152 CPC (b) 150 CPC (c) 153 CPC (d) 153A CPC 564. Under amendment of preliminary decree to incorporate interest portion in judgment of trial court not justified (a) Order 6 Rule 17 CPC
(b) Order 7 Rule 12 CPC (c) Order 8 Rule 13 CPC (d) Order 20 Rule 1 CPC 565. Under section 152 CPC mistakes can be corrected in (a) judgments
(b) decrees (c) orders (d) all of the above. 566. The language of the judgment should be sober, "temperate and clear. Use of abbreviation or code words should be (a) used (b) conditionally used (c) strictly avoided (d) necessary. 567. Section 152 CPC empowers the court to correct (a) clerical or arithmetical mistakes (b) accidental slips or omissions (c) any defect or error in proceedings (d) only (a) and (b). 568. The power under section 152 CPC can be exercised a) on the application moved by any party b) suo motu c) either (a) or (b) d) only (a) and not (b). 569. The provisions of Order 2 Rule 2 CPC are not applicable to a suit for sale in enforcement of the mortgage, in view of a) Order 34 Rule 14 CPC b) Order 38 Rule 5 CPC c) Order 2 Rule 6 CPC d) Order 2 Rule 4 CPC. 570. Under ................... .. redemption of mortgage can be sought by any one of the legal representatives after death of mortgagor (a) Order 34 Rule 1 CPC (b) Order 33 Rule 1 CPC
(c) Order 32 Rule 1‘CPC (d) Order 31 Rule 1 CPC. 571. Under ................. .. in case of minors, being not represented by any guardian ad litem order passed in proceedings, would be void and illegal (a) Order 32 Rule 1
(b) Order 39 Rule 1 (c) Order 40 Rule 1 (d) Order 36 Rule 1 572. Under ...................... .. party to the suit has to prove that inspite of due diligence he could not have raised the matter before the commencement of trial an (a) Order 6 Rule 17 (b) Order 5 Rule 15 (c) Order 6 Rule 16 (d) Order 11 Rule 12.
573. Under ........................ .. suit by indigent person shall be deemed to be instituted on the date on which the application for permission to sue as an indigent person is filed all (a) Rules 8 and 15A of Order 33 (b) Rules 7 and 15A of Order 33 (c) Rules 6 and 15A of Order 33 (d) Rules 5 and 15A of Order 33. 574. General power diamond any error or defect in any proceedings in a suit vests in the court by virtue of at (a) section 152 CPC (b) section 153 CPC (c) section 153A CPC
(d) (d) section 153B CPC 575. If suit filed for injunction restrains from interfering with peaceful possession of property and amendment sought at the stage of cross-examination is contradictory with srcinal pleadings, it would nullify advantage already accrued to plaintiff and prayer for amendment of written statement (a) can be allowed (b) cannot be allowed (c) can be allowed after cross-examination (d) can be allowed before cross-examination.
576. Jurisdiction of High Court under section 100 of CPC is to entertain a second appeal which (a) involves a substantial question of law (b) involves simple question of law not necessarily substantial (c) involves a question of fact (d) involves any of the above 577. In which of the following cases the Supreme Court held that "Non-payment of costs does not entail dismissal of suit." (a) Saman v. State, AIR 2010 SC 518 (b) Manohnr Singh v. D.S. Sharma, AIR 2010 SC 508 (c) Union of India v. Deepak Kamar, AIR 2010 SC 462 (d) State of Maharashtra v. Prakas Prahallad Patil, AIR 2010 SC 463. 578. In which case the Supreme Court held that section 100A of CPC which is substituted by CPC Amendment Act, 2002 will not have retrospective effect even though it brings within its fold those appeals preferred prior to coming into force of the said Amendment Act. (a) M. George v. State of Kerala, AIR 2007 SC 1034 (b) Jagjit Singh v. State of Haryana, AIR 2007 SC 59 (c) Meetu v. State of Punjab, AIR 2007 SC 758 (d) Kamla Devi v. Khushal Kanwar, AIR 2007 SC 663. 579. Amendment of plaint cannot be allowed after trial has commenced (a) except in exceptional cases (b) under any circumstances (c) if the valuation of the suit is less than Rs. 584. Under which provision of CPC the court has 1000 (d) if the suit calls for special procedure. 580. Civil Suit for administration of assets belonging to living debtor (a) is maintainable (b) is not maintainable (c) is maintainable at the option of co-sharers (d) is maintainable at the option of court. 581. Where a mortgagee obtains a decree for payment of money in satisfaction of claim arising under the mortgage (a) he is entitled to bring the mortgage property to sale without instituting a suit for sale in enforcement of the mortgage under Order 34 Rule 14 CPC
(b) he is entitled to bring the mortgage property to sale only by instituting a suit for sale in enforcement of the mortgage under Order 34 Rule 14 CPC (c) he is entitled to bring the mortgage property to sale in execution proceedings (d) either (a) or (c). 582.
A decree may be executed by
(a) Tehsildar (b) Collector (c) District Judge (d) either by the court which passed it or to which it is sent. 583. A person may sue a foreign State (a) with the consent of the State Government (b) only with the consent of the Central Government (c) with the consent of the Central or State Government (d) with the consent of the President of India. 584. Under which provision of CPC the court has jurisdiction to reject the plaint, which" does not disclose a cause of action or where there is suppression of material fact. (a) Order 7 Rule 1 (b) Order 8 Rule 1 (c) Order 7 Rule 1 (d) Order 5 Rule 1 585. Any order or decree obtained by practicing fraud is (a) subject to review (b) valid (c) voidable (d) nullity 586. Decree means (a) formal expression of an adjudication (b) informal expression of an adjudication (c) formal expression of an adjudication but shall not include any adjudication from which an appeal lies as an appeal from an order (d) all of the above 587. A decree can be (a) preliminary (b) final
(c) either preliminary or final (d) only final and not preliminary. 588. In which of the following cases it was held that "The second appeal is permissible only if finding is perverse” (a) Dinesh Kumar v. Yusuf Ali, AIR 2010 SC 2679
(b) State v. M.L. Keshari, AIR 2010 5C 2587 (c) Bimlesh v. New India Assurance C0. Ltd., AIR 2010 SC 2591 (d) Dasmth v. State of Madhya Pradesh, AIR 2010 SC 2592.
ANSWERS THE CODE OF CIVIL PROCEDURE, 1908
1 2 3
(b) (c) (c)
40 41 42
(d) (a) (b)
79 80 81
(d) (a) (c)
118 119 120
(c) (a) (b)
157 158 159
(b) (b) (a)
4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39
(d) (a) (c) (a) (b) (a) (c) (b) (c) (c) (d) (d) (d) (a) (b) (c) (d) (c) (d) (b) (d) (d) (c) (a) (c) (a) (d) (b) (a) (b) (c) (c) (c) (c) (a) (a)
43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78
(d) (c) (b) (c) (c) (c) (a) (c) (b) (b) (c) (a) (d) (b) (c) (b) (b) (a) (a) (d) (a) (c) (b) (c) (d) (c) (c) (d) (d) (b) (a) (d) (b) (c) (a) (c)
8 82 3 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117
((b a)) (c) (d) (a) (d) (c) (a) (b) (a) (d) (b) (c) (a) (b) (d) (a) (a) (b) (a) (c) (a) (b) (d) (b) (a) (a) (c) (c) (d) (a) (b) (a) (b) (c) (c)
1 12 21 2 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156
((b b)) a)( (b) (b) (a) (a) (b) (c) (a) (b) (c) (a) (c) (a) (c) (a) (a) (c) (d) (b) (c) (d) (b) (d) (b) (a) (a) (d) (d) (a) (d) (a) (a) (c) (a)
1 16 60 1 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195
(b) (d) (a) (b) (a) (b) (b) (a) (c) (a) (c) (d) (d) (a) (d) (a) (b) (c) (b) (d) (b) (c) (c) (d) (a) (d) (c) (a) (b) (c) (a) (b) (d) (b) (a) (d)
Page 2 196 197 198 199 200 201
(b) (b) (c) (d) (d) (a)
243 244 245 246 247 248
(a) (c) (b) (a) (d) (c)
290 291 292 293 294 295
(a) (c) (a) (b) (a) (d)
337 338 339 340 341 342
(b) (b) (c) (a) (a) (b)
384 385 386 387 388 389
(b) (c) (c) (b) (c) (a)
202 203 204 205 206 207 208 209 210 211 212 213 214 215
(b) (b) (b) (b) (a) (d) (d) (c) (a) (b) (a) (c) (d) (b)
249 250 251 252 253 254 255 256 257 258 259 260 261 262
(b) (c) (c) (b) (b) (a) (d) (c) (c) (a) (b) (a) (b) (d)
296 297 298 299 300 301 302 303 304 305 306 307 308 309
(c) (a) (c) (a) (c) (c) (c) (a) (d) (c) (b) (d) (b) (d)
343 344 345 346 347 348 349 350 351 352 353 354 355 356
(a) (a) (d) (b) (c) (d) (d) (a) (c) (b) (a) (d) (a) (b)
390 391 392 393 394 395 396 397 398 399 400 401 402 403
(c) (d) (a) (a) (b) (d) (a) (a) (c) (b) (c) (a) (d) (a)
216 217 218 219 220 221 222 223 224 225 226 227 228 229
(c) (d) (c) (a) (b) (c) (a) (d) (b) (d) (c) (b) (b) (c)
263 264 265 266 267 268 269 270 271 272 273 274 275 276
(d) (b) (b) (d) (b) (a) (b) (b) (a) (c) (a) (d) (b) (c)
310 311 312 313 314 315 316 317 318 319 320 321 322 323
(a) (b) (d) (b) (d) (c) (a) (c) (d) (b) (a) (b) (c) (d)
357 358 359 360 361 362 363 364 365 366 367 368 369 370
(c) (a) (c) (c) (d) (a) (d) (c) (a) (d) (d) (b) (a) (d)
404 405 406 407 408 409 410 411 412 413 414 415 416 417
(c) (c) (a) (b) (a) (c) (c) (b) (b) (c) (c) (d) (a) (c)
230 231 232 233 234 235 236 237 238 239 240 241 242
(c) (d) (c) (b) (b) (c) (a) (b) (a) (a) (b) (c) (b)
277 278 279 280 281 282 283 284 285 286 287 288 289
(d) (b) (d) (a) (c) (b) (a) (d) (d) (d) (d) (b) (b)
324 325 326 327 328 329 330 331 332 333 334 335 336
(a) (d) (a) (c) (a) (b) (a) (b) (b) (d) (a) (d) (c)
371 372 373 374 375 376 377 378 379 380 381 382 383
(b) (a) (c) (a) (b) (a) (c) (d) (b) (d) (d) (b) (c)
418 419 420 421 422 423 424 425 426 427 428 429 430
(c) (d) (a) (a) (d) (b) (a) (b) (b) (c) (b) (b) (d)
Page 3 431 432 433 434 435 436
(b) (a) (c) (a) (c) (c)
463 464 465 466 467 468
(c) (c) (a) (d) (b) (b)
495 496 497 498 499 500
(d) (a) (c) (a) (b) (d)
527 528 529 530 531 532
(a) (a) (d) (c) (b) (c)
559 560 561 562 563 564
(d) (a) (c) (a) (a) (a)
437 438 439 440 441 442 443 444 445 446 447 448 449 450
(c) (b) (a) (a) (c) (d) (b) (d) (d) (c) (c) (b) (b) (c)
469 470 471 472 473 474 475 476 477 478 479 480 481 482
(b) (d) (a) (c) (c) (b) (b) (b) (a) (c) (a) (c) (c) (a)
501 502 503 504 505 506 507 508 509 510 511 512 513 514
(a) (b) (d) (c) (b) (c) (a) (d) (c) (b) (a) (b) (c) (c)
533 534 535 536 537 538 539 540 541 542 543 544 545 546
(d) (b) (a) (c) (b) (a) (d) (d) (c) (a) (c) (c) (c) (c)
565 566 567 568 569 570 571 572 573 574 575 576 577 578
(d) (c) (d) (c) (a) (a) (a) (a) (a) v v (a) v (d)
451 452 453 454 455 456 457 458 459 460 461 462
(a) (c) (a) (c) (c) (d) (b) (d) (c) (d) (a) (b)
483 484 485 486 487 488 489 490 491 492 493 494
(d) (c) (a) (c) (a) (b) (c) (a) (b) (a) (a) (c)
515 516 517 518 519 520 521 522 523 524 525 526
(a) (a) (a) (a) (c) (a) (c) (a) (c) (b) (b) (c)
547 548 549 550 551 552 553 554 555 556 557 558
(a) (b) (c) (b) (c) (b) (c) (b) (d) (a) (a) (c)
579 580 581 582 583 584 585 586 587 588
(a) (b) (b) (d) (b) (a) (d) (c) (c) (a)
The answers are suggestive. Kindly verify from the basic documents, statutes, judgments, gazette notifications or recommended text books to remove any doubt or clearance.
