QUESTION BANK

1. The term "Pleading" means

a) Plaint

b) Written Statement

c) Both Plaint and Written Statement

2. Order VI, of C.P.C. deals with

a) Pleadings

b) Submission of written statement

c) Both (a) and (b)

3 .C.P.C. Order VII deals with

a) Plaint

b) Written Statement

c) Both

4. ‘Plaint’ means

a) Statement of Claims

b) Statement of Defending

c) Both

5. Object of Pleadings is to

a) assist the court and parties to the dispute in its adjudication

b) give a fair notice to each party of what the opponent's case is to

c) Both

6. As per principle laid down in Order VI, Rule 2, of C.P.C. Pleadings needs to state.

a) Material facts not evidence

b) Evidence
 c) Law

7. Exception of the rule that every pleading must state facts and not law or an interference of
law is

a) Condition Precedent

b) Evidence

c) Law

8. As per Order VI, Rule 14, pleadings to be

a) Signed by Court Officer

b) Notrized

c) Signed by the party and his pleader (if any)

9. The name of the Court in which a suit is brought must be written in plaint as provided in

a) Rule 1 Order VII of Code of Civil Procedure, 1908

b) Rule 2 Order VII of Code of Civil Procedure, 1908

c) None of the above

10. Order VII, Rule 1 of C.P.C. contains

a) 9 Sub-rules or ingredients

b) 6 Sub-rules or ingredients

c) 5 Sub-rules or ingredients

11. Where the plaintiff seeks recovery of money the plaint shall state the

a) Price amount claimed

b) Stamp value of the plaint

c) Value of the amount in US$

12. As per Order VII, Rule 3, of C.P.C. where the subject matter of the suit is immovable
property the plaint shall

a) Contain a description of the property sufficient to identify it

b) Contains reflection of that property

 c) None of the above

13. Order VII, Rule 9, of C.P.C. deals with

a) Procedure of collecting Court fee

b) Procedure of admitting plaint

c) Procedure of admitting written statement

14. Procedure for return of a plaint is provided in

a) O. VII, R. 10(3)

b) O. VII, R. 10(1)

c) O. VII, R. 10(2)

15. Where a plaint does not disclose cause of action

a) It can be returned

b) It can be rejected

c) It can be amended

16. Rejection of plaint is dealt by

a) O. VII, Rule 10

b) O. VII, R. 11

c) Both

17. Order VII, Rule 11 of C.P.C. provides______ ingredients from which deficiency of any
occasion can cause rejection of plaint

a) 4

b) 3

c) 2

18. Where plaintiff rely on any other documents as evidence in support of his claim he shall
enter such documents in

a) In a list to be added or annexed with the plaint

b) In specific application
 c) Plaint

19. Address of the plaintiff to be filed with plaint for service of notices as provided in

a) O. VII, Rule 14, of C.P.C

b) O. VII, Rule 16, of C.P.C

c) O. VII, Rule 19, of C.P.C

20. Counter claim is a

a) Cross-action

b) Statutory defence

c) Arising out of same transaction

21. Contents of written statement

a) New facts

b) Specific denial

c) Both

22. Under the Constitution of India, the entire proceeds of stamp duties are assigned to the
………….. In which they are levied:

a) State

b) Central

c) Court

23. All matters relating to the mechanism of collection and management of stamp duties are
subject to Entry 44 of the concurrent List of the ……………. Schedule to the Constitution.

a) Seventh Schedule

b) Tenth Schedule

c) Eighth Schedule

24. Attestation of a document after its execution is compulsory inter alia in

a) Mortgage u/s 59 of the TPA

b) Gift u/s 124 of the TPA

 c) Will u/s 63 of the Indian Succession Act, 1925

d) All of the above

25. The allegation made orally or in writing to a Magistrate with a view to take action under
Code of Criminal Procedure regarding an offence is called

a) Crime report

b) FIR

c) Complaint

26. ______ is the presiding Court of a district

a) Session Court

b) High court

c) Special court

27. Every Petition under Hindu Marriage Act shall state distinctly:

a) That the marriage of the petitioner was solemnized with the respondent in
accordance with Hindu rites and ceremonies on ….at…..and and affidavit to the
effect has to be enclosed

b) Where the petition for divorce on mutual consent is filed, affidavits of both
the parties are to be attached.

c) In the petition under the Act, the details regarding the status and place of
residence of the parties to the marriage before the marriage and at the time of
presentation of the petition have to be provided.

d) All of the above

28. Special Leave Petition under Article 136 Of Constitution Of India should include

a) Question of Law

b) Grounds

c) Prayer

d) All of the above

29. An agreement for sale and sale deed should clearly show

a) who are the parties to the contract (Vendor/Vendee or Vendor/Purchaser or

Seller/Buyer);
 b) the subject matter

c) the intention to sell and buy; the price agreed and how it is to be paid and
other terms of the contract.

d) All of the above

30. Testatum is

a) "witnessing" clause which refers to the introductory recitals of the agreement, if

any, and also states the consideration, if any, and recites acknowledgement of its
receipt.

b) the clause in the last part of the deed which signifies that the parties to the
document have signed the deed.

c) None of the above

31. which of the following statement related to Affidavit is true:

a) a statement or declaration on oath by the deponent

b) affidavit must strictly conform to the provisions of Order XIX, Rule 1 of the
Code of Civil Procedure, 1908

c) Both

32. The points that should be present in a deed of Mortgage are

a) Parties

b) Recital

c) Mortgage clause

d) All of the above

33. The term Appeal means:

a) Transfer of case from inferior to superior court for checking the credibility of
lower court
b) Transfer of case from one court to another court for testing the credibility of lower
court
c) None of the above

34. Normally _____ is called appellate court:

a) Court of Civil Judge First class

b) Court of District judge
 c) High Court
d) All of the above

35. No Appeal shall lie from a decree passed by the court

a) On merits
b) On facts
c) With consent of Parties
d) None of the above

36. Orders from which appeal lies is provided in:

a) Section 103 of CPC

b) Section 103-A of CPC
c) Section 104 of CPC
d) None of the above

37. Appeal is a ___ of suit:

a) Finality
b) End
c) Continuation
d) All of the Above

38. Power of Review is Provided in:

a) Section 113, CPC

b) Section 114, CPC
c) None of the above

39. The term ‘Review’ means:

a) Judicial re-examination of a case in certain prescribed and specified

circumstances
b) Re-examination of any matter
c) Both (a) and (b)

40. The Petition for review shall be instituted in the court:

a) Of sessions
b) Which passed the decree
c) Both (a) and (b)

41. Right of review is called

a) basic right

b) Substantive right
 c) Natural Right

d) None of the above

42. The term ‘revision’ is dealt with in:

a) 114
b) 115
c) 115-B

43. Revision power can be exercised by HC or DC on:

a) Question of Law
b) Question of fact
c) Both
d) None of the above

44. Where the plaint does not disclose the cause of action,

a) It can be rejected
b) It can be amended
c) It can be returned
d) none of the above

45. The Rejection of plaint is dealt in

a) O VII, R11
b) O VII, R12
c) O VII, R 12-A

46. A reply of the plaint filed by the defendant is familiar as;

a) Written Statement
b) Reply
c) Written Reply
d) None

47. Ex Parte order can be passed in favour of:

a) Plaintiff
b) Defendant
c) Both
d) None

48. For setting aside ex-parte decree, a person has to file:

a) Application
b) Review
 c) Revision
d) A fresh suits

49. O IX-A, CPC deals with:

a) Setting aside ex-parte orders

b) Intermediate dates after submission of application
c) Both
d) None

50. O XXVI R19 CPC Deals with issuance of commission by:

a) HC
b) SC
c) None