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Revision - CPC

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100 Questions

Que. 1 Under the Code of Civil Procedure, for the first-time provision for compensatory costs in respect of
the false or vexatious claims or defenses has been made under:

1. Section 35 of the code

2. Section 35A of the code
3. Section 35B of the code
4. Section 34 of the code

Correct Option - 2

Que. 2 The nature of revision under the code of civil procedure is that

1. It operates as a stay of proceedings

2. It operates as a stay of suit
3. It operates as a stay of proceedings and suit both
4. It shall not operate as a stay of the suit and proceeding except when such suit or proceeding is stayed
by the High Court

Correct Option - 4

Que. 3 Under the code of Civil Procedure, which one of the following is not exempted from personal
appearance in the court

1. Ministers of the union

2. Ministers of the state
3. Vice President of India
4. Chairman of Public Service Commission of India

Correct Option - 4

Que. 4 The word Prescribed under section 2(16) the code of Civil Procedure 1908 means

1. Prescribed by the court

2. Prescribed by the society
3. Prescribed by the rules
4. None of the above

Correct Option - 3

Que. 5 Section 25 of the Code of Civil Procedure provides for which of the following?

1. Power of the Supreme Court to transfer Suits

2. Power of the High court to transfer suits
3. Power of the district court to transfer suits
4. Power of the commissioner to transfer suits

Correct Option - 1
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Que. 6 Which of the following pairs is not correctly matched under Civil Procedure Code?

1. Section 2(5) – Foreign Court

2. Section 2(6) – Foreign Judgement
3. Section 2 (11) – Legal Representative
4. Section 2 (10) – Mesne Profit

Correct Option - 4

Que. 7 A decree may be executed under section 38 of Civil Procedure Code by which of the following court

1. High Court
2. District Court
3. either by the court which passed it, or by the Court to which it is sent for execution.
4. All of the above

Correct Option - 3

Que. 8 Res Judicata is there in

1. Section 11
2. Section 12
3. Section 13
4. None of the above

Correct Option - 1

Que. 9 Plaint can be returned under

1. Order VII Rule 10

2. Order VII Rule 11
3. Order VII Rule 10A
4. Order VII Rule 9

Correct Option - 1

Que. 10 Consider the following statement(s).

(i) A defendant may set up, by way of a counter-claim against the claim of the plaintiff any right or
claim in respect of the cause of action accruing to him.
(ii) The counter-claim may be submitted by the defendant even after he has delivered his defence.
(iii) The counter-claim shall not exceed the pecuniary jurisdiction of the court.
Which of the statements given above are correct?

1. (i) and (ii)

2. (i) and (iii)
3. (ii) and (iii)
4. All these

Correct Option - 2

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Que. 11 Section-18 of the Civil Procedure Code provides for

1. Place of institution of suit in respect of immovable property where the property is situated in the
jurisdiction of one court.
2. Place of institution of suit in 'respect of immovable property where the. property is situated in the
jurisdiction of different courts.
3. Place of institution of suits in respect of immovable property where the local. limits of jurisdiction of
courts are uncertain.
4. All the above

Correct Option - 3

Que. 12 A suit may be dismissed where

1. summons are not served on the defendant in consequence of the failure of the plaintiff to take proper
steps like filing of court fee, postal charges or requisite number of copies of plaint.
2. neither party appears when the suit is called on for hearing.
3. plaintiff, after summons to defendant has returned unserved, fails to apply for fresh summons for
seven days.
4. All these

Correct Option - 4

Que. 13 Consider the following statements.

Admissions for forming the basis of judgment may be secured from the opposite party to a civil suit
by way of notice
(i) of admission of the case
(ii) to admit documents
(iii) to admit facts
Which of the statements given above are correct?

1. None of these
2. All these
3. Only (i) and (ii)
4. Only (ii) and (iii)

Correct Option - 2

Que. 14 When a civil suit reaches the stage of hearing and examination of witnesses

1. the plaintiff has the right to begin.

2. if the defendant admits the facts alleged by the plaintiff and contends that on some additional facts
alleged by the defendant, the plaintiff is not entitled to any relief, the defendant has the right to begin.
3. Both (1) and (2)
4. Neither (1) nor (2)

Correct Option - 3

Que. 15 Which of the following statements is incorrect?

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 1. Where issues both of law and of fact arise and if the court is of opinion that the case may be disposed
of on an issue relating to jurisdiction, it may postpone the settlement of other issues until after the
issue of jurisdiction has been determined.
2. Where a suit may be disposed of on preliminary issue, the court need not pronounce judgment on
other issues settled in the case.
3. The preliminary issue may relate to a bar to the suit created and law for the time being in force.
4. None of these

Correct Option - 2

Que. 16 Which of the following statements is correct?

The court which passed the decree may transfer it to another competent court if the

1. judgment debtor carries on business within the jurisdiction of the latter court.
2. judgment debtor has no property within the jurisdiction of the former court sufficient to satisfy such
decree but has property within the jurisdiction of the latter court.
3. decree directs the sale of immovable property situated outside the local jurisdiction of the former
court.
4. All these.

Correct Option - 4

Que. 17 A money decree may be executed by

1. attachment and sale of any property of the judgment debtor.

2. arrest and detention in prison of the judgment debtor for indefinite period.
3. Both (1) and (2)
4. Neither (1) nor (2)

Correct Option - 1

Que. 18 Which of the following statements is correct?

1. Where on the death of a defendant the right to sue survivors against the other surviving defendant
alone, the case may proceed against the surviving defendant.
2. Where on the death of a defendant the right to sue does not survive against the other surviving
defendant alone, the case shall abate against the deceased defendant if no application is made within
the time limited by law for the legal representative of the deceased defendant to be made a party
3. There shall be no abatement by reason of death of either party between the conclusion of the hearing
and the pronouncing of the judgment
4. All these.

Correct Option - 4

Que. 19 An exparte decree can be set aside on the ground that–

1. An exparte decree cannot be set aside under any circumstances

2. Summons were not duly served
3. Defendant refused to receive the summons and thereafter no fresh summons were issued to him
4. Non-appearance of defendant as copies of documents filed with plaint were not provided to defendant

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Correct Option - 2

Que. 20 Section 18 of the Code provides for–

1. Place of institution of suits in respect of immovable property where the local limits of jurisdiction of
Courts are uncertain
2. Place of institution of suit in respect of immovable property where the property is situated in the
jurisdiction of one Court
3. Place of institution of suit in respect of immovable property where the property is situated in the
jurisdiction of different courts
4. None of the above

Correct Option - 1

Que. 21 The Court may frame the issues from

1. Allegations made on oath by the parties, or by any persons present on their behalf, or made by the
pleaders of such parties
2. Allegations made in the pleadings or in answers to interrogatories delivered in the suit
3. The contents of documents produced by either party
4. All of the above

Correct Option - 4

Que. 22 Mark the incorrect statement–

1. Issues arise when a material proposition of fact or law is affirmed by the one party and denied by the
other
2. The Court shall frame issues only from the contents of documents produced by either party
3. Where at the first hearing of a suit it appears that the parties are not at issue on any question of law or
of fact, the Court may at once pronounce judgment
4. None of the above

Correct Option - 2

Que. 23 Agreement between the parties to institute the suit relating to disputes in a particular Court–

1. Does not oust the jurisdiction of other Courts

2. May operate-as estoppels between the parties
3. Both (1) and (2) above
4. None of the above

Correct Option - 3

Que. 24 Which of the following tests are to be applied in cases where the plea of bar of the suit under O. 2, r
2 is raised?

1. Whether the cause of action in the previous suit and that in the subsequent suit are identical
2. Whether the relief claimed in the subsequent suit could have been given in the previous suit on the
basis of the pleadings filed in that suit

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 3. Whether the plaintiff omitted to sue for a particular relief on the cause of action which had been
disclosed in the previous suit
4. All of these

Correct Option - 4

Que. 25 An order under O. 33, r 11 directing the pauper plaintiff to pay the Court-fees can only be made in
which of the following cases?
I. Where the plaintiff fails in the suit
II. Where the plaintiff is dispaupered under rule 9
III. Where the suit is withdrawn
IV. Where the suit is dismissed under the circumstances specified in cl. (a) or cl. (b)

1. I, III, IV
2. II, IV
3. III, IV
4. All of these

Correct Option - 4

Que. 26 A decree in a suit against certain members of a sect alleged to be wrongdoers in their individual
capacity cannot operate as res judicata in a subsequent suit against the other members of the sect.
The wrong complained of in the former suit was that the defendants carried an idol in procession through
certain streets and that such processions were in violation of plaintiff’s rights.

1. The suit was against the defendants in their individual capacity, and not as representing the sect to
which they belonged
2. The suit was not as representing the sect to which the defendants belonged
3. Both (1) and (2)
4. None of these

Correct Option - 3

Que. 27 A the tenant files a suit for permanent injunction against B the landlord for not to be dispossessed
except by due process of law pleading that B is planning to forcibly dispossess him. During the
pendency of above suit, B attempts to forcibly dispossess A. A files another suit for injunction.

1. The second suit is barred by res judicata

2. The rule of res sub judice will apply
3. Both 1 and 2
4. None of the above

Correct Option - 2

Que. 28 A decree becomes final when

1. it conclusively determined the right of the parties.

2. no appeal has been preferred against the decree.
3. Both (1) and (2)
4. Neither (1) nor (2)

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Correct Option - 3

Que. 29 S.89 of the Civil Procedure Code was incorporated through the Civil Procedure Code Amendment
Act of__________ which is the prominent provision that discusses about the jurisdiction of civil
courts in applying Alternate Dispute Resolution mechanisms.

1. 1989
2. 1999
3. 1988
4. 2009

Correct Option - 2

Que. 30 Which section under the Civil Procedure Code, 1908 deals with the settlement of disputes outside
the court

1. S.98
2. S.99
3. S.89
4. S.88

Correct Option - 3

Que. 31 Amendments made in the year _______ through the insertion of Sec. _____ to the Civil Procedure
Code introduced provisions to enable the courts to refer pending cases to arbitration, conciliation
and mediation to facilitate early and amicable resolution of disputes.

1. 1989, 98
2. 1990, 88
3. 1999, 89
4. 2001, 88

Correct Option - 3

Que. 32 The general principle of waiver that provides that failure to raise objection in the court of the first
instance and at the earliest opportunity shall prevent the defendant from raising such objection at a
subsequent stage and the judgment would not be vitiated on the ground of absence of territorial or pecuniary
jurisdiction is reflected in which provision of Civil procedure Code

1. S.15
2. S.16
3. S.51
4. S.21

Correct Option - 4

Que. 33 The provision under CPC that relates to suit by indigent persons

1. 0.32
2. 0.34
3. 0.35
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 4. 0.33

Correct Option - 4

Que. 34 Pick out the case u/S. 58 (1-A), in which arrest or detention in civil prison is not maintainable.

1. A judgment debtor, where decretal amount does not exceed Rs. 5,000/-
2. A judgment debtor where decretal amount is does not exceed Rs.2,500-
3. A judgment debtor where decretal amount is does not exceed Rs.2000/-
4. A judgment debtor where decretal amount is does not exceed Rs.1,000/-

Correct Option - 3

Que. 35 'A' is dispossessed in a suit for possession filed by (B'). In appeal, the decree of possession is
set aside. The defendant may claim:

1. restitution of possession and damages by filing a separate suit.

2. restitution of possession by moving an application before the court which passed the decree in first
instance.
3. restitution of possession by moving an application before the appellate court which set aside the
decree.
4. Interest, damages, cost and mesne profits by moving an application before the appellate court which
set aside the decree.

Correct Option - 2

Que. 36 The Court may award costs:

1. at the time of final disposal of the suit.

2. on the party which causes delay by not producing evidence.
3. fails to take steps required to be taken on that date.
4. All of the above

Correct Option - 4

Que. 37 Which of the following property is liable to attachment and sale in execution of a decree ?

1. A right to future maintenance

2. A mere right to sue for damages
3. Book of Accounts
4. Government Securities

Correct Option - 4

Que. 38 Which of the following statement is not true?

1. A decree may be executed by the court to which it is sent for execution

2. A decree may be executed by the court which passed it
3. The court which passed a decree may execute it against property outside the local limits of
jurisdiction

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 4. The court which passed the decree may of its own motion send it for execution to any subordinate
court of competent jurisdiction

Correct Option - 3

Que. 39 Which of the following power is not vested in commissioner if he is not a judge of a civil court?

1. Power to examine accounts

2. Power to make partition of property
3. Power to impose penalties
4. Power to call for and examine documents

Correct Option - 3

Que. 40 Against which of the following decree, an appeal shall not lie?

1. A decree passed by the court with consent of parties

2. Ex-Parte decree
3. A decree passed by the District Court
4. A decree passed by the High Court

Correct Option - 1

Que. 41 Civil Procedure Code 1908 extends

1. To the whole of India except the state of Jammu and Kashmir

2. To the whole of India except Jammu and Kashmir, Nagaland and tribal areas.
3. To the whole of India except Nagaland and Manipur state.
4. To the whole of India except Nagaland and the tribal areas.

Correct Option - 4

Que. 42 Existence of two suits, by parties litigating under same title, one previously instituted which is
pending at present and the other filed later, wherein a matter in issue in the subsequently filed suit
is directly and substantially in issue in the other and the relief claimed in the subsequent suit can effectively
be passed by the court of previous instance. Which section of CPC decides the fate of the subsequently filed
suit and its proceeding?

1. S.11
2. S.9
3. S.10
4. S.12

Correct Option - 3

Que. 43 Which is the correct statement in context of summary procedure for civil suits?

1. May be invoked for recovery of a liquidated demand in money payable by the defendant arising out a
written contract.
2. May be applied suo motu by any civil court in its discretion in the interest of expeditious
adjudication.

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 3. Requires the defendant to seek leave to defend which, if granted, must be unconditional.
4. All these statements are not correct.

Correct Option - 1

Que. 44 Section 74 of CPC deals with?

1. letter of request
2. resistance to execution
3. seizure of property in dwelling house
4. partial exemption of agriculture produce

Correct Option - 2

Que. 45 Under CPC at the first hearing of the suit, the court must

1. Frame and record issues

2. Record the evidence of plaintiff
3. Ascertain whether the allegations in the pleadings are admitted or denied
4. All of the above

Correct Option - 3

Que. 46 Which one of the following section of the CPC provides exemption of certain women from
personal appearance in the court?

1. Section 133
2. Section 135
3. Section 135A
4. Section 132

Correct Option - 4

Que. 47 Which Section of the CPC grant exemption to Member Of Legislature from arrest and detention
under Civil process?

1. Section 80
2. Section 134
3. Section 135A
4. Section 132

Correct Option - 3

Que. 48 Power to amend the issue or frame additional issues prior to passing of a decree vest in a court by
virtue of which provision of CPC?

1. Order XIV Rule 1

2. Order XIV Rule 5
3. Order XVI Rule 6
4. Section 151

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Correct Option - 2

Que. 49 The object of oral examination under Order 10 Rule 2 of CPC is

1. To elucidate the matter in controversy

2. To record evidence
3. To secure admission
4. None of these

Correct Option - 1

Que. 50 Which of the following provisions of CPC provides for adjudication of claims and objections to
attachment of property?

1. Order 21 Rule 59
2. Order 21 Rule 58
3. Order 21 Rule 57
4. None of the above

Correct Option - 2

Que. 51 Which of the following statement is correct?

1. Rejection of plaint under Order 7 Rule 11 bars the fresh suit

2. Dismissal of suit under Order 9 Rule 2 bars the fresh suit.
3. Dismissal of suit under Order 9 Rule 3 bars the fresh suit
4. Abatement of suit under Order 22 bars the fresh suit

Correct Option - 4

Que. 52 Appointment of receiver

1. Is discretionary
2. Can be claimed as a matter of right
3. Is mandatory
4. None of these

Correct Option - 1

Que. 53 The order of injunction may be discharged, or varied, or set aside by the Court at the instance of

1. Defendant alone
2. Plaintiff alone
3. State Government
4. Both plaintiff and defendant

Correct Option - 4

Que. 54 No second appeal shall lie from any decree when the decree of subject matter of the original suit for
recovery of money is not exceeding
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 1. Rs.10,000/-
2. Rs.25,000/-
3. Rs.5,000/-
4. Rs.30,000/-

Correct Option - 2

Que. 55 Which of the following is a correct statement?

1. A woman can not be arrested or detained in civil prison in execution of money decree
2. A woman can be arrested for execution of money decree and only released after realization of such
decree
3. A woman can be arrested but she has right to release on bail in execution of money decree
4. A woman can not be arrested though may detained in civil prison only in execution of money decree

Correct Option - 1

Que. 56 Under Order VIII Rule 6A CPC:

1. Counter claim can be permitted to be filed either before or after the filing of the suit but before the
defendant has delivered his defence
2. Counter claim has to be mandatorily filed with the written statement.
3. Counter claim filed after filing of the written statement is barred
4. Counter claim cannot be filed with the written statement.

Correct Option - 1

Que. 57 Rule 90 of order 21 deals with

1. Post-sale illegalities causing substantial injury to judgement debtor

2. Pre-sale illegalities committed in the execution.
3. Both option 1 & 2
4. None of the above

Correct Option - 4

Que. 58 'Mesne Profits' of property means:

1. Those profits by which the person in wrongful possession of such property actually received or might
have received there from, together with interest on such profits.
2. The profits due to improvements made by person in wrongful possession.
3. Both option 1 & 2
4. None of these

Correct Option - 1

Que. 59 Which of the following is not a requirement for a foreign judgment to be conclusive:

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 1. It must be given on merits of the case.
2. It must be pronounced by a Court of competent jurisdiction.
3. It is by a court in an enemy country.
4. It was not obtained by fraud.

Correct Option - 3

Que. 60 A person can apply for review of judgment when

1. He is aggrieved by a decree/order from which an appeal is allowed, but no appeal has been preferred.
2. He is aggrieved by a decree/order from which no appeal is allowed..
3. He is aggrieved by a decision on a reference from a Court of small causes.
4. All of the above

Correct Option - 4

Que. 61 Where the local limits of jurisdiction of courts are uncertain, the place of institution of suit shall be
decided according to the provision of

1. Section 18 of the Code of Civil Procedure

2. Section 19 of the Code of Civil Procedure
3. Section 16 of the Code of Civil Procedure
4. Section 17 of the Code of Civil Procedure

Correct Option - 1

Que. 62 Which are the essential components for institution of a civil suit?

1. Cause of action
2. Opposite Party
3. Existence of Subject Matter
4. Relief claimed must be in the form of civil remedy
5. The Court must have jurisdiction to adjudicate upon the same

1. Options 2, 3 and 4
2. Options 1, 2 and 3
3. Options 3, 4 and 5
4. All options 1 to 5

Correct Option - 4

Que. 63 Consider the following propositions of law relating to application and effect of Doctrine of Res sub
Judice under Section 10 of CPC with respect to
following matters:

1. The matter in issue in the subsequent suit must be directly and substantially in issue in the previous suit
2. The previously instituted pending suit in foreign court shall debar the Indian court trying a
subsequently instituted suit
3. A decree passed in contravention of Doctrine of Res sub judice shall be nullity and may be disregarded
in execution proceedings

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 4. The Court in which previous suit is instituted must have jurisdiction to grant the relief claimed in the
subsequent suits.

1. 1, 3 and 4
2. 2 and 3
3. 1 and 4
4. 1 and 3

Correct Option - 3

Que. 64 Rule 8 of order XXVII of the Code of Civil Procedure, 1908 deals with

1. Agent for Government to receive process

2. Procedure in suits against public officer
3. Definition of Government Servant
4. Persons authorized to act for Government

Correct Option - 2

Que. 65 Which of the following jurisdiction of the court is not covered under Section 21 of the Code of
Civil Procedure, 1908 ?

1. Territorial Jurisdiction
2. Jurisdiction relating to subject matter
3. Pecuniary Jurisdiction
4. Jurisdiction of executing court

Correct Option - 2

Que. 66 Section 3 of the Code of Civil Procedure 1908, deals

1. Pecuniary Jurisdiction
2. Small cause courts
3. Subordination of courts
4. Stay of suit

Correct Option - 3

Que. 67 Where immovable property is sold in execution of a decree and such sale has become absolute.
When the property shall be deemed to have vested in the purchaser ?

1. From the time when the property is sold

2. From the time when the sale becomes absolute
3. From the time when the decree was passed
4. From the time when the suit was instituted

Correct Option - 1

Que. 68 Which of the following power is not vested in the court executing transferred decree?

1. Power to order attachment of decree

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 2. Power to send the decree for execution to another court
3. Power to execute the decree against legal representative of deceased judgement debtor
4. Power to order execution at the instance of transferee of decree

Correct Option - 4

Que. 69 Which of the following court may issue precept?

1. The court in whose jurisdiction the property is situated

2. The court passing the decree
3. Only High court
4. Only District court

Correct Option - 2

Que. 70 Every appeal shall be preferred under the Code of Civil Procedure, 1908 in the form of -------
appellant or his pleader

1. Application
2. Memorandum
3. Notice
4. Plaint

Correct Option - 2

Que. 71 When the court pass an order for payment of security under order XXV of the Code of Civil
Procedure, 1908 and if the security is not furnished, the court shall make an order for

1. Rejection of plaint
2. Dismissal of suit
3. Return of plaint
4. Stay of suit

Correct Option - 2

Que. 72 For which of the following purpose a court may issue commission?

1. To make partition of property

2. To examine any person
3. To perform any ministerial act
4. For all of the above

Correct Option - 4

Que. 73 If the defendant enters on appearance in a suit instituted under Order XXXVII of the Code of Civil
Procedure, 1908, what shall the plaintiff serve on the defendant in form number 4A in Appendix
‘B’?

1. Summons for order

2. Summons for settlement of issues
3. Summons for judgement
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 4. Summons for temporary injunction

Correct Option - 3

Que. 74 The various modes in which execution of a decree may be ordered are given in Section 51 of the
Code of Civil Procedure. Point out one of the following
modes which is not given under Section 51 of Code as a mode of execution of a decree?

1. By arrest and detention of the judgment- debtor

2. By delivery of any property specifically decreed
3. By attachment and sale, or by sale, without attachment of any property
4. Arrest and detention of the party who is neither party to the suit nor have any connection to the matter
in issue

Correct Option - 4

Que. 75 A decree for restitution of conjugal rights may be executed

1. By ordering his detention in civil prison

2. By attaching the property of defaulting party
3. By imposing fine upon him
4. Sale of property

Correct Option - 2

Que. 76 The object of oral examination under Order 10 Rule 2(1)(a) of the Civil Procedure Code is :

1. To finally dispose of the case

2. To elucidate matter in controversy in the suit
3. To record evidence
4. To settle the issues

Correct Option - 2

Que. 77 'X' files a suit for declaration of title and permanent injunction against 'Y' and files an application
for temporary injunction under Order XXXIX, Rule 1 (c), CPC. The Court dismisses the
application for temporary injunction. 2 months later, during the pendency of the suit, X again files for
temporary injunction under Order XXXIX, Rule 1 (c), CPC, citing new facts and changed circumstances.

1. the second application is barred by res judicata.

2. Res judiciata does not apply to interlocutory orders like temporary injunctions.
3. the decision given by the court on the first application is binding throughout the pendency of the trial
and can be altered only on appeal.
4. the second application is barred by the principle of res sub judice.

Correct Option - 2

Que. 78 Which of the following propositions is incorrect in so far as the power to permit amendment of
pleadings, under Order VI Rule 17 of the CPC is concerned?

1. Amendment of the pleadings must be allowed at any stage of the proceedings, before the trial has
commenced.
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 2. Amendment which cause prejudice to the other side may not be allowed by the court.
3. The basic or cardinal test for deciding whether an amendment should or should not be allowed is the
"real controversy test".
4. The court is normally proscribed, from deciding the correctness or falsity of the case in
the amendment when deciding an application for amendment.

Correct Option - 1

Que. 79 Section 89 of the Code of Civil Procedure, 1908 provides that the court shall attempt settlement of
disputes:

1. in all cases.
2. in cases where both parties specifically plead for settlement.
3. in cases where at least one of the parties pleads for settlement.
4. in cases where the Court is satisfied that there is a possibility of arriving at a settlement that may be
acceptable to both parties.

Correct Option - 4

Que. 80 A suit under Order XXXVII of the Code of Civil Procedure, 1908 can be based on:

1. a hundi.
2. an oral contract.
3. a claim for general damages under Section 73 of the Contract Act.
4. none of the above.

Correct Option - 1

Que. 81 Garnishee proceedings under the Code of Civil Procedure can be instituted to enable:

1. attachment of debt, shares and other property not in possession of the judgment debtor.
2. attachment of property of which the owner is not known.
3. only for attachment of property which cannot be estimated in terms of money.
4. only for attachment of a share in joint family property.

Correct Option - 1

Que. 82 The Commissioner appointed for recording evidence in a civil suit cannot do which one of the
following acts under Order XVIII Rule 4 of the Code of Civil Procedure, 1908?

1. Record re-examination of a witness.

2. Decide objections raised during recording of evidence.
3. Record remarks regarding the demeanour of the witness while under examination.
4. Record the evidence either in writing or mechanically

Correct Option - 2

Que. 83 Whether a defendant can file an application for disposal of the suit under Order XII Rule 6 Code of
Civil Procedure, 1908?

1. Yes, defendant can file an application.

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 2. No, defendant cannot file an application.
3. Defendant can file an application not before but after evidence of the plaintiff has been recorded.
4. Only if the plaintiff has also filed an application under Order XII Rule 6 of the Code of Civil
Procedure, 1908.

Correct Option - 1

Que. 84 Whether a suit can be compromised without filing an application under Order XXIII Rule 3 of the
Code of Civil Procedure, 1908 in Court?

1. No, as a written application under Order XXIII Rule 3 CPC signed by both parties is mandatory.
2. Yes, but only when both parties file affidavits before the court accepting the compromise and
settlement.
3. Yes, if the compromise is in writing and signed by the parties.
4. Yes, but only if whole of the subject matter of the suit and not part thereof has been adjusted and
compromised.

Correct Option - 3

Que. 85 Which of the following Order deals with the right to challenge non-appealable orders in the case of
an appeal against decrees in the CPC.?

1. Order 31, Rule 9

2. Order 9, Rule 10
3. Order 22, Rule 18
4. Order 43, Rule 1A

Correct Option - 4

Que. 86 Which of the following statements are correct in the context of section 5 of the CPC?

1. Civil court means court having jurisdiction under the CPC, but not Revenue court & revenue court is
not a part of civil court
2. Revenue court is a part of civil court.
3. Civil court means court having jurisdiction under the CPC, including Revenue court.
4. None of above

Correct Option - 1

Que. 87 Which of the following section deal with the postage?

1. Section 141
2. Section 142
3. Section 143
4. Section 144

Correct Option - 3

Que. 88 Who can lodge a caveat under Section 148A of CPC?

1. Only parties directly involved in the lawsuit

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 2. Any person claiming a right to appear before the court
3. Only the defendant
4. Only the plaintiff

Correct Option - 2

Que. 89 A, B, C, D and E are jointly and severally liable for Rs. 1,000 under a decree obtained by F. A
obtains a decree for Rs. 100 against F singly and applies for execution to the Court in which the
joint decree is being executed.

1. F may treat his joint-decree as a cross-decree O. 21 r. 18

2. F cannot treat his joint-decree as a cross-decree O. 21 r. 18
3. Either (A) or (B)
4. None of these

Correct Option - 1

Que. 90 Which of the following sections of the code of civil procedure provides a mandate for courts to try
all civil courts unless barred?

1. Section 5
2. Section 7
3. Section 13
4. Section 9

Correct Option - 4

Que. 91 Under Section 34 of Civil Procedure Code, Court can award interest from the date of decree to the
date of payment or such earlier date as the Court thinks fit. Rate of such interest shall not exceed
..............per annum.

1. Nine percent
2. Six percent
3. Ten percent
4. Twelve percent

Correct Option - 2

Que. 92 A judgment - debtor is arrested in execution of a decree for the payment of money, and the
judgment - debtor pays the amount of the decree and the costs of the arrest to the officer arresting
him, such officer:

1. Shall send the judgment - debtor to civil prison.

2. Shall take judgment - debtor to the court.
3. Shall at once release him.
4. Shall release him after taking security from him.

Correct Option - 3

Que. 93 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
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of another court:

1. can be instituted in the court within whose local jurisdiction the wrong has been committed.
2. can be instituted in the court within whose local jurisdiction the defendant resides.
3. either (a) or (b) at the option of the plaintiff.
4. None of above.

Correct Option - 3

Que. 94 A decision in a suit may operate as res-judicata against persons not expressly named as parties to
the suit by virtue of explanation:

1. II to section 11 of CPC.
2. IV to section 11 of CPC.
3. VI to section 11 of CPC.
4. VIII to section 11 of CPC.

Correct Option - 3

Que. 95 Which of the following statement is not correct with respect to the principle of res-judicata?

1. ex-parte decree will operate as res-judicata.

2. writ petition dismissed on merits operates as res-judicata.
3. writ petition dismissed in limine operates as res-judicata.
4. both (a) & (c).

Correct Option - 3

Que. 96 According to which Order, no decree to be set aside without notice to opposite party under which of
the in the CPC?

1. Order 5, Rule 30
2. Order 4, Rule 13
3. Order 6, Rule 10
4. Order 9, Rule 14

Correct Option - 4

Que. 97 Under Order 41 Rule 22 CPC, the appellate court may allow a new ground of appeal to be taken in
cases of:

1. Where the party applying for permission to take the new ground was unable to raise it in the lower
court because of mistake or inadvertence.
2. Where the appellate court considers that the new ground is necessary for the proper determination of
the appeal.
3. Where the Order 41 Rule 22 CPC is to ensure that all relevant issues are considered on appeal and
that the appellate court has a full picture of the case.
4. All of above

Correct Option - 4

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Que. 98 Judgement under Section 2 (9) of the Code of Civil Procedure, 1908 means

1. a decree
2. dismissal of appeal summarily
3. statement of grounds of an order or decree
4. All the above

Correct Option - 3

Que. 99 Which of the following is not an essential element of a decree?

1. Conclusive determination of the rights of the parties

2. A formal expression of an adjudication
3. An adjudication from which an appeal lies as an appeal from an order
4. The adjudication must have been given in a suit

Correct Option - 3

Que. 100 A Judgment shall contain:

1. a concise statement of the case

2. issues
3. decision and reasons for it
4. all of the above

Correct Option - 4

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