Multiple Choice Questions

The Code of Civil Procedure, 1908

Along with Answer Key
 The Code of Civil Procedure, 1908

1. Principle of Res-Judicata applies:-

(a) To suits only
(b) To executing proceedings
(c) To arbitration proceedings
(d) To Suits as well as execution proceedings
2. The rule of Constructive Res Judicata is:-
(a) A product of Judicial interpretation
(b) A rule of equity
(c) Contained expressly in CPC
(d) Apart of Supreme Court rules
3. In which of the following writs, the doctrine of res judicata is not applicable?
(a) Certiorari
(b) Mandamus
(c) Quo Warranto
(d) Habeas Corpus
4. The provision of Res Judicata also apply to the execution proceeding of decree:-
(a) True
(b) False
(c) Res judicata only applies to the suit
(d) Not apply if objection is raised by JDr
5. Whether an issue heard finally decided by a competent court of limited jurisdiction, shall
operate as res judicata in subsequent suit that the aforesaid court was not competent to
try?
(a) No.
(b) Yes
(c) Answer would depend upon the nature of the issue
(d) None of these
6. Which of the following cases is related to the principle of rejuducata?
(a) Satyacharan V. Devrajan
 (b) M.S Cooperative marketing Federation Ltd. V. Indian Bank Bombay
(c) P.C. Jairath V. Amrit Jairath
(d) All the above
7. Under which explanation of Section-11of Civil Procedure Code Constructive Resjudicata
has been explained?
(a) Explanation – I
(b) Explanation – II
(c) Explanation – III
(d) Explanation – IV
8. Doctrine of Res judicata as contained in section 11 C.P.C. is based on the maxim
(a) Interest republicae at sit finis litium
(b) Nemo debet bis vexari pro una eadem causa
(c) Both (a) or (b)
(d) Either (a) or (b)
9. Which one of the following is not essential condition for application of Res Judicata?
(a) Previous suit was finally heard and decided by the Court of Competent
Jurisdiction
(b) Previous suit must be pending before a court
(c) Parties in previous and the subsequent suit must be the same
(d) Subject matter of previous and the subsequent suits must be the same
10. A alleging that he is the adopted son of X, sues B to recover certain property granted to
him by X, under a deed and forming part of X’s estate. The court finds that A is not the
adopted son of X, but he is entitled to the property under the deed and a decree is passed
for A. The finding that A is not the adopted son of X:-
(a) Will not operate as res judicata in a subsequent suit between A and B in which the
question of adoption is again put in issue.
(b) Will operate as res judicata in a subsequent suit between A and B.
(c) Depends on the court’s discretion
(d) None of the above
11. In which of the following the cases, the doctrine of Constructive res judicata is not
applicable:-
 (a) A sues B on contract and obtains decree. B afterwards sues for rescission of the
contract on the ground that it did not fully represent the agreement between the
parties,
(b) A sues B for possession of certain property alleging that it comes to his share on
Partition of Joint Family Property. B’s contention is that the partition has not
taken place is upheld and the suit is dismissed. A subsequent suit was filed by A
against B for partition of Joint Family Property.
(c) A files a suit against B to recover money on a pro-note. B contends that the
promissory note was obtained from him by undue influence. The objection is
overruled and the suit is decreed. B challenges the promissory note on the ground
of coercion and fraud in the subsequent suit.
(d) All of the above
12. 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) III to Section 11 of CPC
(b) V to Section 11 of CPC
(c) VI to Section 11 of CPC
(d) IV to Section 11 of CPC
13. 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) Cannot operate as res judicata under certain circumstances only
(d) May operate as res judicata or may not operate as res judicata
14. Section 11 of the Code of Civil Procedure contains:-
(a) Six Explanations
(b) Seven Explanations
(c) Eight Explanations
(d) Nine Explanations
15. A sues B for rent. B contends that C and not A is the landlord. A fails to prove his title
and the suit is dismissed. A then sues B and C for a declaration of his title to the property.
Whether the suit is barred?
 (a) The suit is not barred as the parties in both the suits are not the same
(b) The suit is barred a the relief claimed is almost same
(c) The suit is barred as the parties in both the suits are the same
(d) The suit is not barred as relief claimed is different
16. A sues for possession of Math property as an heir of Mahant. The suit is dismissed on his
failure to produce the succession suit as manager of the Math. Is the suit barred?
(a) The second suit will be barred by res judicata
(b) The second suit will not be barred by res judicata
(c) The second suit is barred by res sub judice
(d) None of the above
17. Res judicata does not operate:-
(a) Between co-defendants
(b) Between co-plaintiffs
(c) Against a per-forma defendant
(d) None of the above
18. Res judicata is:-
(a) a question of law
(b) a fact which should be pleaded
(c) a fact which need not be pleaded
(d) a matter which can be taken judicial notice of
19. In a suit filed by ‘A’ against ‘B’ the suit was dismissed. ‘A’ instituted a second suit with
regard to the same subject matter. The Munsiff rejected the contention of the defendant
that the second suit is barred by the principle of res judicata on the ground that the nature
of the interest of the defendant changed after the dismissal of the first suit. The finding of
the Munsiff is:-
(a) Legal
(b) Illegal
(c) A Nullity
(d) Only irregular
20. Decision on question of limitation:-
(a) Operates as re judicata
 (b) Does not operates as re judicata
(c) Operates as re judicata, if not erroneous
(d) None of the above
21. “Any relief claimed in the plaint, which is not expressly granted by the decree, shall, for
the purpose of this section, be deemed to have been refused”. This provision is
incorporated in:-
(a) Section 11, Explanation II
(b) Section 11, Explanation III
(c) Section 11, Explanation IV
(d) Section 11, Explanation V
22. An order passed without jurisdiction, attains finality in favour of some parties. Whether
principle of re judicata, under C.P.C., would apply to such an order, between same
parties?
(a) Yes
(b) No
(c) Depends upon the nature of suit
(d) It is discretion of Court
23. The expression ‘former suit’ in the context of rule of res judicata means a suit which has
been:-
(a) Instituted prior to the suit in question
(b) Decided prior to the suit in question
(c) Both (a) & (b)
(d) Neither (a) nor (b)
24. A decision in a suit may operate as re-judicata against persons not expressly named as
parties to the suit by virtue of ‘Explanation’ :-
(a) II Section 11 of C.P.C.
(b) IV Section 11, of C.P.C.
(c) VI Section 11, of C.P.C.
(d) VII Section 11, of C.P.C.
25. Principle of Res judicata is:-
(a) Mandatory
(b) Directory
(c) Discretionary
(d) All the above
 Answer Key

The Code of Civil Procedure, 1908

Q.1. (d) Q.6. (a) Q.11.(b) Q.16. (b) Q.21. (d)

Q.2. (c) Q.7. (d) Q.12. (c) Q.17. (c) Q.22. (b)
Q.3. (d) Q.8. (c) Q.13. (b) Q. 18. (b) Q.23. (b)
Q.4. (a) Q.9. (b) Q.14. (c) Q.19. (a) Q.24. (c)
Q.5. (b) Q.10. (b) Q.15. (a) Q.20. (a) Q.25. (a)
SAMPLE MCQ’S QUESTIONBANK ON CODE OF CIVIL PROCEDURE

1. Which of the following deals with the time for inspection when notice given in
the Code of Civil Procedure?
A. Order 16, Rule 12
B. Order 4, Rule 13
C. Order 6, Rule 10
D. Order 11, Rule 17
2. Which of the following deals with the statement and production of evidence in
the Code of Civil Procedure?
A. Order 12, Rule 5
B. Order 14, Rule 20
C. Order 18, Rule 2
D. Order 11, Rule 7
3. Which of the following deals with the right to challenge non-appealable orders
in appeal against decrees in the Code of Civil Procedure?
A. Order 43, Rule 1A
B. Order 31, Rule 9
C. Order 22, Rule 18
D. Order 9, Rule 10
4. In order for that a decision in a former suit may operate as res judicata, the court
which may decide that suit must have been?
I. A civil court of competent jurisdiction
II. A court of exclusive jurisdiction
III. A court of concurrent jurisdiction ‘competent to try the subsequent suit’
IV A court of limited jurisdiction competent to try the issue raised in the
subsequent suit
A. Either I or III
B. Either II or III
C. Either III or IV
D. All of these
5. In transaction for transfer or delivery of the property attached, where the
contract is executed and registered before attachment, the mischief of sub-s (1)
shall not apply. However in which of the following situation it applies?
A. Where the property is transferred and registered after attachment
B. Where the property is transferred before attachment but registration takes place
after the attachment
C. Both (A) and (B)
D. None of these
6. The court to amend a decree is the court that passed it. Where an appeal is
preferred from a decree of a court of first instance the Appellate Court may:
A. Dismiss the appeal under O. 41, r 11(1), without issuing any notice to the
respondents
B. Confirm, reverse or vary the decree of the court of first instance (O. 41, r 32)
C. Either (A) or (B)
D. None of these
7. 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?
A. Whether the cause of action in the previous suit and that in the subsequent suit
are identical
B. 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
C. Whether the plaintiff omitted to sue for a particular relief on the cause of action
which had been disclosed in the previous suit
D. All of these
8. 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 r 9
III. Where the suit is withdrawn
IV. Where the suit is dismissed under the circumstances specified in cl. (a) or cl.
(b)
A. I, III, IV
B. II, IV
C. III, IV
D. All of these
9. The words ‘it appears to the Central Government’ which is the consenting
authority, makes it clear that:
A. The decision granting the consent is open to question by the court
B. The decision granting the consent is final
C. Either (A) or (B)
D. None of these
10. The word ‘resides’ used in s. 19 of the Code of Civil Procedure means:
A. Natural persons
B. Companies
C. Tort
D. None of these
11. A sues B for a declaration of title to land and obtains a decree. A then sues C
for possession. C contends that B is owner and that he is in possession as B’s
tenant.
A. The defence is not barred
B. The defence is barred
C. Either (A) or (B)
D. None of these
12. 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.
A. The suit was against the defendants in their individual capacity, and not as
representing the sect to which they belonged
B. The suit was not as representing the sect to which the defendants belonged
C. Both (A) and (B)
D. None of these
13. A sues B to recover one of two properties left by C, on the ground that he and
not B is his heir. Thereafter, he applies to amend his plaint for including the
second property left out in the plaint as originally field. B opposes the application
for amendment which is disallowed by the court. A suit by A against B to recover
the second property as heir of C would be barred under rule 2:
A. On the ground that A is to be taken to have omitted to sue for it in the first suit
B. He made an attempt to include it in that suit which was foiled by the opposition
of B
C. Both (A) and (B)
D. None of these
14. Where certain properties have been ordered to be partitioned by a decree in an
earlier suit, but possession has not yet been delivered and is not argued that the
earlier decree had become unenforceable:
A. A fresh suit can be brought for partition of those properties on the ground that
the earlier decree has not been enforced
B. A fresh suit cannot be brought for partition of those properties on the ground
that the earlier decree has not been enforced
C. Either (A) or (B)
D. None of these
15. X sues A and B on a promissory note executed by A, B is A’s nephew, and he
is joined as a defendant on the ground that A and B are member of a joint Hindu
family, and that the note was for a debt binding on the family. None of the
defendant appears at the hearing and an ex parte decree is passed against both the
defendants.
The decree against A proceeds on the ground that the note was passed by him and
against B on the ground that the debt was incurred for a family purpose. B applies
for an order to set aside the decree, alleging that the summons was not served
upon him and that the debt in respect of which the note was passed by A was not
incurred for a family purpose. It is not disputed that the amount was actually
advanced to A.
A. The decree against A must be set aside
B. The decree against B must be set aside
C. Both (A) and (B)
D. None of these
16. A sues B for recovery of possession of certain immovable property. The
defence is that B is the full owner of the property. Pending the suit, B is adjudged
insolvent and his estate vests in the official assignee. Because the order of
adjudication operates:
A. As a statutory transfer of the interest of the insolvent in the subject-matter of
the suit to the official assignee
B. As a non-statutory transfer of the interest of the insolvent in the subject-matter
of the suit to the official assignee
C. Either (A) or (B)
D. None of these
17. Bar to further suit is dealt under which of the following in the Code of Civil
Procedure?
A. Section 11
B. Section 16
C. Section 13
D. Section 12
18. Which of the following deals with the transfer of decree in the Code of Civil
Procedure?
A. Section 41
B. Section 36
C. Section 39
D. Section 52
19. Which of the following has been repealed by s. 7 of the Code of Civil
Procedure (Amendment) Act 66 of 1956 in the Code of Civil Procedure?
I. Section 68
II. Section 69
III. Section 70
IV. Section 71
V. Section 72
A. I, III, IV
B. II, III, V
C. Ill, IV, V
D. All of them
20. No order under section 47 to be refused or modified unless decision of the case
is prejudicially affected under which of the following in the Code of Civil
Procedure?
A. Section 90A
B. Section 95A
C. Section 99A
D. Section 101B
21. Which of the following deals with matters for which rules may provide in the
Code of Civil Procedure?
A. Section 122
B. Section 103
C. Section 128
D. Section 129
22. Which of the following sections of the Code of Civil Procedure has been
repealed by the Repealing and Amending Act, 1952 (48 of 1952)?
A. Section 145
B. Section 154
C. Section 148
D. Section 153
23. Which of the following deals with the copy of plaint annexed to summons in
the Code of Civil Procedure?
A. Order 5, Rule 2
B. Order 2, Rule 2
C. Order 6, Rule 10
D. Order 4, Rule 8
24. Which of the following deals with where the subject- matter of the suit is
immovable property in the Code of Civil Procedure?
A. Order 5, Rule 30
B. Order 9, Rule 12
C. Order 7, Rule 3
D. Order 10, Rule 22
25. Which of the following deals with the procedure when party fails to present
written statement called for by Court in the Code of Civil Procedure?
A. Order 5, Rule 30
B. Order 8, Rule 10
C. Order 6, Rule 10
D. Order 10, Rule 22
26. Which of the following deals with the order for inspection in the Code of Civil
Procedure?
A. Order 11, Rule 18
B. Order 4, Rule 13
C. Order 6, Rule 10
D. Order 13, Rule 22
27. Which of the following deals with power to order any point to be proved by
affidavit in the Code of Civil Procedure?
A. Order 12, Rule 5
B. Order 14, Rule 20
C. Order 19, Rule 1
D. Order 11, Rule 7
28. Which of the following deals with the inquiry as to whether applicant is an
indigent person in the Code of Civil Procedure?
A. Order 44, Rule 3
B. Order 31, Rule 9
C. Order 22, Rule 18
D. Order 9, Rule 10
29. Which of the following are the principal rules as to concurrent jurisdiction?
I. Concurrent as to pecuniary limit and the subject matter
II. Competency of the former court to be determined as on the date of the ‘former
suit’ and not as on the date of the ‘subsequent suit’
III. Competency of the trial court determination
IV. Competence of court when there is a court with preferential jurisdiction
V. Both the suits are in revenue court, but appeals lie to different authorities
A. I, III
B. II, IV, V
C. I, IV, V
D. All of these
30. In which of the following ways section 73 differs from the corresponding
section 295 of the Code of Civil Procedure, 1882?
I. The words, ‘where assets are held by a court,’ have been substituted for words,
‘whenever assets are realised by sale or otherwise in execution of a degree.’
II. The words, ‘before the receipt of such assets,’ have been substituted for the
words, ‘prior to the realisation’
III. The words, ‘by which such assets are held’ are omitted after the words ‘made
application to the court’
IV. The word, ‘passed’ has been added after the word, ‘money’
V. The words, ‘interest in,’ in cl. (b) have been substituted for the words, ‘right
against’ to bring the wording of that clause into line with the Transfer of Property
Act, 1882. This is a mere verbal alteration
A. I, III
B. II, IV
C. IV, V
D. All of these
31. If a right or a liability is created by a statute, which of the following situations
may arise?
A. The statue may create a specific forum for its enforcement
B. If no machinery is provided for enforcement, civil courts can entertain the suits
besides the suit of which cognizance is expressly barred
C. Both (A) and (B)
D. None of these
32. Order 5, r 26 provides for summons to be served:
A. By sending it to the political agent appointed by the Central Government in
exercise of its foreign jurisdiction
B. Through a court established or continued with power to serve a summon issued
under the code
C. Through a court declared by the notification issued by the Central Government,
situated in such foreign territory to be one service by which would be deemed to
be valid, where there is no such court
D. All of these
33. Which of the following are the essential requirements of a debt?
A. An ascertainable or readily calculable amount
B. An absolute unqualified and present liability in regard to that amount with the
obligation to pay forthwith or in future within time
C. That the obligation must have accrued and must be subsisting and should not be
that which are accruing
D. All of these
34. The words ‘any court exercising original jurisdiction’ under s. 96 of the Code
of Civil Procedure has to be read to mean that:
A. If the original jurisdiction has been exercised by any court, the decree passed
shall be deemed to be a decree by against the court exercising original jurisdiction
B. If the original jurisdiction has been exercised by any court, the decree passed
shall be deemed to be void by a court exercising original jurisdiction
C. If the original jurisdiction has been exercised by any court, the decree passed
shall be deemed to be a decree by a court exercising original jurisdiction
D. None of these
35. The word ‘prescribed’ used in s. 107 of the Code of Civil Procedure means:
A. The rules contained First Schedule
B. The rules under s. 122 and s. 125 of the Code of Civil Procedure
C. Both (A) and (B)
D. None of these
36. Nine Akali Sikhs sue for the removal of the mahant of a religious institution.
The suit is dismissed on the ground that the institution is a Hindu Dera and not a
Sikh Gurudwara. Subsequently, and after the passing of the Sikh Gurudwara Act,
1925, 64 Sikh sue for a declaration that the institution is Sikh Gurudwara.
A. The suit is barred by res judicata as in the former suit, the plaintiffs were a sect
of religious reformers and were not litigating on behalf of the general body of
Sikhs
B. The suit is not barred by res judicata as in the former suit, the plaintiffs were a
sect of religious reformers and were litigating on behalf of the general body of
Sikhs
C. The suit is not barred by res judicata as in the former suit, the plaintiffs were a
sect of religious reformers and were not litigating on behalf of the general body of
Sikhs
D. None of these
37. A, alleging that he is the proprietor of a village, sues B, C and D for ejectment.
The defence is that A is not the proprietor and that part of the village belongs to B,
C and D, and the rest to X, Y and Z. The court finds that A is not the proprietor,
and A’s suit is dismissed. A then sues, X, Y and Z and also B, C and D for
declaration that he is the proprietor of the village and for possession.
A. The question of A’s title to the village is res judicata so as to bar the suit
against B, C and D, who were parties to the former suit, but it is not res judicata so
as to bar the suit against X, Y and Z who were not parties to the former suit
B. It cannot be said that B, C and D litigated in the former suit in respect of a
private right claimed in common for them and X, Y and Z. They set up only their
own right to a part of the property and as to the rest they alleged that it belonged to
X, Y and Z
C. Both (A) and (B)
D. None of these
38. Where a promissory note is payable by installments, and two or more
installments have become due, and the holder of the note sues only for one of the
installments and omits to sue for the other installments
A. He can afterwards sue for these installments
B. He cannot afterwards sue for these installments
C. Either (A) or (B)
D. None of these
39. The assignee of the holder of a life estate sued for declaration of title and
injunction, immediately after the death of the life estate-holder. The suit for
declaration of title was decreed, but the suit for injection was dismissed after
holding that the possession was with the defendants only. Subsequently, the
assignee of the life estate filed a suit for possession on the strength of the title. The
bar of O. 2, r 2 was raised by the defendant.
A. The bar under O. 2, r 2 is not applicable to the subsequent suit
B. In the first suit he plaintiffs could not claim the recovery of possession as they
had sought only an injunction, claiming themselves to be in possession
C. Both (A) and (B)
D. None of these
40. A sued to recover a house from B and certain lands from C. The suit was
decreed ex parte against both defendants. B applied to set aside the ex parte decree
and having settled the dispute with A applied to withdraw his petition. C then
applied to be transposed as petitioner.
A. C should have filed his own petition to set aside the ex parte decree
B. C is needed to file his own petition to aside as the ex parte decree
C. Claims against the two defendants are distinct
D. Both (A) and (C)
41. 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.
A. F may treat his joint-decree as a cross-decree O. 21 r. 18
B. F cannot treat his joint-decree as a cross-decree O. 21 r. 18
C. Either (A) or (B)
D. None of these
42. In a case, A applies for leave to sue as a pauper. On the day fixed for the
hearing of the application. A, alleging that he has succeeded in negotiating a loan
for the payment of the Court-fees, pays the necessary Court-fees.
A. The application is thereupon numbered and registered as a plaint.
B. The application for leave to sue as a pauper having been made in good faith,
and not on the day on which the Court-fees were paid
C. Both (A) and (B)
D. None of these
43. Which of the following deals with the power of Supreme Court to transfer
suits, etc. in the Code of Civil Procedure?
A. Section 18
B. Section 20
C. Section 25
D. Section 28
44. Which of the deals with enforcement of decree against legal representative in
the Code of Civil Procedure?
A. Section 46
B. Section 52
C. Section 45
D. Section 49
45. Which of the following deals with suits against foreign Rulers, Ambassadors
and Envoys in the Code of Civil Procedure?
A. Section 90
B. Section 86
C. Section 92
D. Section 82
46. Which of the following deals with appeals to Federal Court in the Code of
Civil Procedure?
A. Section 116
B. Section 111A
C. Section 108
D. Section 100
47. Miscellaneous proceedings are dealt under which of the following in the Code
of Civil Procedure?
A. Section 140
B. Section 103
C. Section 132
D. Section 141
48. Which of the following deals with conduct of suit in the Code of Civil
Procedure?
A. Order l, Rule 11
B. Order 12, Rule 2
C. Order 3, Rule 6
D. Order 14, Rule 8
49. Which of the following deals with simultaneous issue of summons for service
by post in addition to personal service in the Code of Civil Procedure?
A. Order 7, Rule 14
B. Order 9, Rule 12
C. Order 6, Rule 10
D. Order 5, Rule 19A
50. Which of the following deals with the written Statement in the Code of Civil
Procedure?
A. Order 8, Rule 1
B. Order 4, Rule 13
C. Order 6, Rule 10
D. Order 10, Rule 22
51. No decree to be set aside without notice to opposite party under which of the
in the Code of Civil Procedure?
A. Order 5, Rule 30
B. Order 4, Rule 13
C. Order 6, Rule 10
D. Order 9, Rule 14
52. Original documents to be produced at or before the settlement of issues under
which of the following in the Code of Civil Procedure?
A. Order 13, Rule 1
B. Order 4, Rule 13
C. Order 6, Rule 10
D. Order 9, Rule 22
53. Which of the following deals with officers, soldiers, sailors or airmen cannot
obtain leave may authorize any person to sue or defend for them in the Code of
Civil Procedure?
A. Order 12, Rule 1
B. Order 28, Rule 1
C. Order 19, Rule 6
D. Order 17, Rule 10
54. Which of the following instances of order are decrees?
I. An order rejecting an application for leave to sue in forma pauperis for no suit
has till then been filed
II. An order refusing leave to institute for accounts of religious endowment
III. An order under the Indian Trusts Act, 1882 dismissing an application for the
removal of trustee
IV. An order on a settlement case under s. 104 (2) of the Bengal Tenancy Act 3 of
1898 as the proceeding is instituted not by a plaint but by an application
V. An order made on an application to the District Court under s. 84 (2) of the
Madras Religious Endowments Act 2 of 1927
A. I, III
B. II, V
C. II, IV, V
D. All of these
55. Interest that may be awarded to a plaintiff in a suit for money according to the
period for which it is allowed may be divided as:
A. Interest accrued to the institution of the suit on the principal sum adjudged (as
distinguished from the principal sum claimed)
B. Additional interest on the principal sum adjudged, from the date of the suit to
the date of decree, ‘at such rate as the court deems reasonable’
C. Further interest on the principal sum adjudged from the date of the decree to the
date of the payment or to such earlier date as the court thinks fit, at the rate not
exceeding six percent per annum
D. All of these
56. Which of the following instances can be held to be final orders?
I. An order of a High Court dismissing an appeal for the appellant’s failure to
furnish order
II. An order that an appeal had abated
III. An order in a revision reversing the dismissal of a suit and restoring it to the
file of the lower court when such an order had the effect of reinstating a primary
decree
IV. An order refusing an application under s. 45 of the Specific Relief Act 1 of
1877
V. An order passed by a High Court in insolvency proceedings
A. II, III
B. I, IV
C. I, V, VI
D. All of these
57. Under s. 89 the court shall formulate the terms of settle¬ment and give them to
the parties for their observations and after receiving the observations of the parties,
the court may reformulate the terms of possible settlement and the same for:
I. Arbitration
II. Conciliation
III. Judicial settlement including settlement through Lok Adalat
IV. Mediation
A. I, III
B. II, III
C. Ill, IV
D. All of these
58. The object of discovery is:
A. To elicit admissions
B. To obviate the necessity to produce lengthy evidence
C. To expedite disposal
D. All of these
59. Decree-holder is:
A. Any person in whose favour a decree has been passed
B. An order capable of execution has been made
C. Either (A) or (B)
D. None of these
60. The words ‘it appears to the Central Government’ which is the consenting
authority in s. 86 of the Code of Civil Procedure makes it clear that:
A. The decision granting the consent is open to question by the court
B. The decision granting the consent is final
C. Either (A) or (B)
D. None of these
61. A sues B for rent; B pleads abatement of rent on the ground that the area is less
than that entered in the lease. The court finds that the area is greater than that
shown in the lease.
A. The finding as to the excess area is not res judicata for it is only ancillary to the
direct and substantial issue whether the area is equal to that shown in the lease; or
less
B. The finding as to the excess area is res judicata for it is ancillary to the direct
and substantial issue whether the area is equal to that shown in the lease; or less
C. The finding as to the excess area is not res judicata for it is ancillary to the
direct and substantial issue wheth¬er the area is equal to that shown in the lease;
or less
D. None of these
62. A agrees to sell his property to B for Rs. 2,000 to be paid to A on the
execution of the conveyance. The purchase- money payable to A is not a ‘debt’
owing to him by B until the conveyance is executed.
A. It can be attached before the execution of the convey¬ance in execution of a
decree against A
B. It cannot be attached before the execution of the conveyance in execution of a
decree against A
C. Either (A) or (B)
D. None of these
63. The defendant, the editor and proprietor of a newspaper, published articles
which referred to the ‘Calcutta Police”, without naming individuals. The plaintiffs,
six of the members of the Calcutta Police force, jointly sued the editor for
damages, alleging that the articles were directed against them, and that they
constituted a libel. Here a libel was in the same words, and in the same documents,
but of different persons.
A. The plaintiffs could not all be joined in one suit
B. There cannot in such cases be said to be one or the same cause of action
C. Both (A) and (B)
D. None of these
64. A sues B for specific performance of an agreement for the sale to him of B’s
land, and obtains a decree. In execution of the decree, A is put in possession of a
portion only of the land, as it is found that the rest of the land did not belong to B,
but to B’s son.
A. A subsequent suit by A against B for recovery of a portion of the price to the
extent of the son’s share is not barred under rule 2, the cause of action being the
same
B. A subsequent suit by A against B for recovery of a por¬tion of the price to the
extent of the son’s share is not barred under rule 2, the cause of action being
entirely distinct
C. Either (A) or (B)
D. None of these
65. A, a Hindu, claiming as the heir of his uncle, sues the executors of his uncle’s
widow for property left by the widow, alleging that the same belonged to the
estate of his uncle, and that the widow had no power to dispose it off by will. The
court holds that the widow had power to do away the property under the will.
A. A will not be allowed to amend the paint by adding that even if the widow had
the power to dispose of the property by her will
B. A was entitled to the residue as his uncle’s heir as the same was left to
charitable objects of an unspecified and general character, and could not, therefore,
be legally applied to charity
C. Both (A) and (B)
D. None of these
66. A applies to be appointed guardian of the person of X, The application is
opposed by B who claims that he has been appointed guardian by the will X’s
father. Meanwhile, B dies. B’s representative is not entitled to continue the
proceedings. A’s claim based on a personal trust does not survive the claimant’s
representative. It is different, however, where the claim is not based on a personal
trust.
A. The legal representative of the deceased is entitled to continue the proceeding
B. The legal representative of the deceased is entitled to contend that the applicant
is not a proper person to be appointed guardian
C. Both (A) and (B)
D. None of these
67. On the last day of the period of limitation prescribed for the institution of a suit,
A applies for leave to sue as a pauper. The application is heard a fortnight later. It
transpires at the hearing of the application that A was possessed of sufficient
means to enable him to pay the Court-fees. Before an order is made under this rule
rejecting the application, A pays the necessary Court-fees, and the application is
thereupon converted into a plaint.
A. The application not having been made in good faith, the suit will be deemed to
have been instituted on the day on which the Court-fees were paid, and not on the
day on which the application was filed
B. The Court-fees having been paid after the expiration of the period of limitation,
the suit is time-barred
C. Both (A) and (B)
D. None of these
68. Which of the following deals with the institution of suits in the Code of Civil
Procedure?
A. Section 18
B. Section 20
C. Section 22
D. Section 26
69. Which of the following deals with the liability of ancestral property in the
Code of Civil Procedure?
A. Section 46
B. Section 50
C. Section 53
D. Section 49
70. Which of the following deals with style of foreign Rulers as parties to suits in
the Code of Civil Procedure?
A. Section 90
B. Section 88
C. Section 87
D. Section 82
71. 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).
72. 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.
73. 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.
74. 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).
75. 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.
76. 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.
77. Res-judicata does not operate:
(A) between co-defendants
(B) between co-plaintiffs
(C) against a per-forma defendant
(D) none of the above.
78. In which of the following cases res-judicata is not applicable:
(A) consent/compromise decrees
(B) dismissal in default
(C) both (a) & (b)
(D) neither (a) nor (b).
79. Principle of res-judicata is:
(A) mandatory
(B) directory
(C) discretionary
(D) all the above.
80. 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).
81. 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).
82. 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.
83. 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.
84. 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.
85. 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.
86. How many grounds of attack the foreign judgment have been provided under
section 13 of CPC:
(A) seven
(B) six
(C) five
(D) four.
87. 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 personam nor judgment in rem can be challenged.
88. 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).
89. 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.
90. 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.
91. 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).
92. 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.
93. 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.
94. 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 immoveable property where the local
limits of jurisdiction of courts are uncertain
(D) all the above.
95. 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.
96. 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 another 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.
97. ‘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.
98. 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).
99. 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) & not (b).
100. 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).
101. 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.
102. 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) all over India.
103. 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.
104. 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).
105. 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.
106. 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.
107. Section 20 of CPC does not apply to:
(A) arbitration proceedings
(B) civil proceedings
(C) both (a) & (b)
(D) neither (a) nor (b).
108. 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).
109. 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) lex loci solutions
(C) les situs
(D) rule of freedom of choice i.e., intention of the parties.
110. 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) or (b).
111. 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).
112. 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.
113. 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
114. The court may impose a 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.
115. 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).
116. A private transfer or delivery of the property attached under section 64(2)
shall not be void if:
(A) made in pursuance of any contract for such transfer or delivery entered into
and registered before the attachment
(B) made in pursuance of any contract for such transfer or delivery entered into
and registered after the attachment
(C) made in pursuance 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).
117. 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.
118. 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.
119. Under section 100A of the CPC, where any appeal from an original 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 Bench of the High Court.
120. Second appeal shall not lie from any decree, as provided under section 102 of
CPC when the subject matter of the original suit is for recovery of money not
exceeding:
(A) Rs.10,000
(B) Rs.25,000
(C) Rs.50,000
(D) Rs.1,00,000.

121. Under the code of civil procedure, 1908 the detailed procedure with regard
to the matters
dealt under the sections are specified in
A. Regulations
B. Notifications
C. Orders
D. Ordinances
122 A decree becomes final
A. When it conclusively determines the right of the parties
B. When no appeal has been preferred against the decree.
C. Both A & B
D. Neither A nor B
123 Which of the following is correct with respect of mesne profit
A. Wrongful possession of the immoveable property is the essence of mesne
profit.
B. It can be claimed in form of compensation or damages.
 C. A person in wrongful possession and enjoyment of an immoveable
property Is liable for mesne profit
D. All of the above.
124 The word Jurisdiction of courts implies.
A. jurisdiction over the subject matter of the suit.
B. A power to make an order
C. Both A & B
D. None of the above.
125 Section 9 of the code of civil procedure talks about
A. Presidency small causes court
B. Courts to try all civil suits unless barred.
C. Stay of suit
D. Res Subjudice
126 Which of the following can be recognized as suit of civil nature
A. Suit for dissolution of marriage
B. Suit for breach of contract
C. Suit for declaration
D. All of the above.
127 The object of Res Subjudice is
A. To protect a person from multiplicity of proceeding
B. To avoid conflict of decisions
C. To prevent inconvenience to the parties.
D. All of the above.
128 In a suit, where the doctrine of res- judicata applies, the suit is liable to be
A. Stayed.
B. Dismissed
C. May be stayed and may be dismissed
D. None of the above.
129 A suit relating to partnership may be instituted at a place
A. Where the contract was made
 B. Where the contract was performed
C. Where the firm carries on business
D. All of the above.
130 In a case where a notice is a sent on correct address by RPAD however is
returned back claiming Refused to accept, such notice is
A. To be issued
B. Deemed served
C. Void.
D. Illegal
131 The expenses for the service of summons to the defendant as per Order V
rule 9 (3) have to be borne by
A. The Plaintiff
B. The Defendant.
C. The Court.
D. None of the above.
132 Under Order VI Rule 17, at any stage of the proceedings the court can allow
to alter or amend pleadings to
A. The Respondent.
B. The Defendant.
C. The Plaintiff.
D. The Government.
133 In case of Failure to file written statement within 30 days, the defendant can
be allowed to file the same on such other day specified by the court for reasons to
be recorded in
writing, but within
A. 90 Days.
B. 45 Days,
C. 60 Days.
D. 15 Days
134 Objection as to place of suing can-----
 A. Only be taken opportunity. beforethe court of first instance
at the earliest possible
B. Be taken before the appellate court for the first time.
C. Be taken before the court of revision for the first time.
D. All of the above.
135 A decree may be executed by a
A. Tehsildar.
B. Collector.
C. District Judge.
D. Either by the court which passed it or by the court to which such
decree is sent for execution.
136 The definition of decree means
A. Casual 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.
137 Which of the following is not a decree
A. Dismissal in Default.
B. Rejection of plaint.
C. Both A & B
D. Neither A Nor B
138 Legal Representative as far as civil suit is concerned shall mean
A. Relative of the parties to the suit.
B. CO sharer of the benefits assuming to the parties to the suit.
C. Who in law represents the state of the deceased.
D. All of the Above.
139 A Judgement contains
A. Concise statement of fact
B. The points for determination
 C. The decision on the points of determination and the reasons thereof.
D. All of the above.
140 The jurisdiction of civil court can be differentiated on the basis of
A. Territorial
B. Pecuniary
C. Subject Matter.
D. All of the above.
141 The jurisdiction of civil court can be barred
A. Expressly
B. Impliedly.
C. Either expressly or impliedly.
D. None of the above.
142 Under section 102 of CPC, a second appeal shall not lie from any decree,
where the subject matter of the original suit is for recovery of money not
exceeding
A. 10000
B. 25000
C. 50000
D. 100000
143 In order to Reject a plaint under order VII rule 11 of CPC, the court is
supposed to go through
A. Plaint only.
B. Written Statement Only.
C. Both A & B
D. None of the above.
144 As per order I Rule 3 of CPC several persons can be joined as plaintiff,
A. Where right arises out of the same act, in favour of such persons.
B. where any common question of law is involved.
C. Both A & B
D. Neither A Nor B
145 As per order 1, 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. Neither A Nor B.
146 Pleading must state
A. Fact and fact only.
B. Law.
C. Evidence.
D. Judgements of the Supreme Court.
147 The term Pleading means and includes
A. Plaint only
B. Written Statement only.
C. Plaint and Written Statement only.
D. Plaint, Written Statement, Setoff & Counterclaim.
148 The defendant can claim set off in
A. Ay suit.
B. In recovery of money suit only.
C. In suit for declaration.
D. None of the above.
149 In a suit issues are framed by the court by looking into
A. Plaint only
B. Written Statement only.
C. Both A & B
D. Evidence.
150 Who shall produce the evidence first
A. Plaintiff
B. Defendant.
C. None of the above.
 D. Witness no. 1.
151 The provisions in relation to execution of decree can be found in
A. Order XX
B. Order V
C. Order XI
D. Order XXI
152 In order to get a temporary injunction as per Order XXXIX Rule 1 of CPC,
plaintiff must establish
A. Prima facie case
B. Balance of convenience.
C. Irreparable loss.
D. All of the above.
153 To bring the legal representative of Deceased Defendant on record as the
Defendant is the duty of
A. Plaintiff
B. Defendant.
C. Court.
D. Bailiff.
154 Substitution of legal representative of either party who is deceased, is
permissible
A. When the right to sue survives
B. When the right to sue does not survives
C. When the suit is dismissed in default
D. None of the above.
155 To interplead means to litigate
A. With each other.
B. With third party
C. With each other to settle a point concerning a third party
D. None of the above.
156 A Decree holder is a person
 A. Plaintiff.
B. Defendant.
C. In favour of Whom a decree has been passed.
D. Against whom court has passed a judgement.
157 Suit by Forma Popuris Means
A. Suit by indigent person.
B. Suit by Formal Person.
C. Suit by Government.
D. Representative Suit.
158 A Caveat U/s 148 A is not effective on the expiry of
A. 15 Days.
B. 90 Days.
C. 180 Days.
D. 30 Days.
159 In order to prove adverse possession against the Government one most hold
the property without permission for -- years without disturbances.
A. 12 years.
B. 20 Years.
C. 30 Years.
D. 3 years.
160 Which of the following is not a requirement of a valid acknowledgement
A. To be in writing
B. Made before the expiration of period of limitation.
C. Signed by the person concerned.
D. In the handwriting of the person concerned.
161 Limitation for filing an appeal commences from
A. The date of judgement.
B. The date of signing of the decree.
C. The date of application for copy of the judgement is made.
D. The date when the copy judgement is available to the party.
162 A time barred debt can be claimed as
A. Set Off.
B. Counter Claim.
C. A suit.
D. None of the above.
163 Pleading can be amended
A. Before settlement of issues.
B. Before conclusion of plaintiff’s evidence, if plaintiff wants to amend the
plaint.
C. After filing of Written statement.
D. At any stage of the proceeding.
164. For instituting a suit against Government, a notice period under section 80
of CPC is
A. 3 Months.
B. 2 Months.
C. 1 Month.
D. 15 Days.
165. Guardian at litem
A. Is a person defending a suit on behalf of a minor.
B. A receiver.
C. A local commissioner.
D. All of the above.
166. Every suit shall be instituted in to the court of
A. The District Court.
B. The court of the lower grade.
C. The court of Higher Grade
D. All of the above.
167. A judgement passed by the court 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 & B.
D. Neither A nor B
168 An appeal from original decree lies
A. On question of law
B. On question of fact.
C. Both Question of fact and law.
D. On Framing of Issues.
169. 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 a writ petition.
170. Under Section 96 of CPC, no appeal lies
A. Against a Compromise Decree.
B. Against Decree in any suit cognizable by the court of small causes except
on a question of law.
C. Both A & B.
D. Against ex parte decree.
 CIVIL PROCEDURE CODE AND LIMITATION ACT.

1. A sues B for a declaration of title to land and obtains a decree. A then sues C
for possession. C contends that B is owner and that he is in possession as B’s
tenant.
A. The defence is not barred
B. The defence is barred
C. Either (A) or (B)
D. None of these

2. Section which deals with the transfer of decree in the Code of Civil Procedure?
A. Section 43
B. Section 33
C. Section 39
D. Section 62

3. The term "Res judicata" means

A. Further proceeding
B. A matter already adjudicated
C. Stay of proceeding
D. Bar the Proceedings

4. Where a person challenges a Decree, he shall challenges the same by filing

A. Appeal
B. Application
C. Notice of Motion
D. Chamber Summons

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 ________ is said to take place when the High Court calls for the record of
any case decided by a subordinate court and passes an appropriate order.
A. reference
 B. review
C. revision
D. appeal

7. An inter pleader suit is one where the real dispute is between

the____________only.
A. plaintiffs
B. defendants
C. intervenors
D. respondents

8. Article ____ of the constitution enacts that the law declared by the supreme
court shall be binding on all courts in India.
A. 140
B. 141
C. 142
D. 143

9. The jurisdiction of a court, refers to the power or the extent of the authority, of
the court to administer justice, with reference to_______
A. the local limits
B. the subject matter of litigation
C. the pecuniary value
D. all of the above

10. Litigating parties, ______ upon court jurisdiction of the court, by mutual
consent.
A. cannot confer or cannot take away
B. can confer or can take away
C. cannot confer but can take away
D. can confer but cannot take away

Answer: 1-B, 2-C, 3-B, 4-A, 5-C, 6-A, 7-B, 8-B, 9-D, 10-D.
CRIMINAL PROCEDURE CODE & JUVENILE JUSTICE ACT &
PROBATION OF OFFENDERS ACT.

1. Section 267 production warrant in respect of a person detained in prison can be

issued for the purpose of____________
A. Trial
B. Inquiry
C. Investigation
D. All of the above

2. If the investigation is not completed within 90 days or 60 days as the case may
be and the accused is still in the custody on the expiry of said period, the
accused is entitled to be_______

A. Discharge
B. Release on bail on making a bail application
C. Release on bail without making a bail application
D. Acquitted

3. What is 'In Camera Proceeding'?

A. Where no party is allowed, only the legal representatives are allowed in the
trial
B. Where the general public will not have access to a particular room or
building used by the court for that enquiry or trial
C. Where the media will be allowed in the building for reviewing the trial or
enquiry
D. Whether accused won't be allowed to access to a particular room of a court

4. An inquiry under Section 14 of the Juvenile justice act shall be completed

within a period of _______

A. 6 months from the date of commencement

B. 90 day from the date of commencement
C. 4 months from the date of commencement
D. 30 days from the date of commencement

5. The probation of offenders Act 1958 empowers the court to release certain
offenders after____
 A. Pardon
B. Admonition
C. Penalty
D. None of the above

6. In a cognizable offence a police officer

A. Cannot arrest an accused without warrant
B. May arrest an accused without warrant
C. Can keep accused in police custody without a remand order
D. In not required to produce accused before Magistrate

7. The Chief Judicial Magistrate may pass a

A. Sentence of imprisonment not exceeding 7 years
B. Sentence for life imprisonment
C. Death sentence
D. Sentence of imprisonment exceeding seven years

8. A person arrested by a police officer may be kept in custody for

A. Two days
B. Three days
C. Twenty four hours
D. One week

9. How are summons served?

A. By a police officer
B. By an officer in Court
C. By an authorized public servant
D. By any of above

10. In which case the supreme Court held that section 125 Cr. P.C. was applicable
to all irrespective of their religion?
A. Mohd. Umar Khan Vs. Gulshan Begum
B. Mohd. Ahmad Khan Vs. Shah Bano Begum
C. Mst. ZoharaKhattoonVs. Modh. Ibrahim
D. Noor Saba Khatoon Vs. Mohd. Quasim

11. For granting pardon under section 306 of the Code of Criminal Procedure,
1973-
 A. The witness must not be directly involved in the offence
B. The accused should have been given an opportunity to cross examine
the person getting pardon
C. The person getting pardon need not be in police custody
D. The offence should not be punishable with imprisonment
exceeding 10 years

12. Section 311 of the Code of Criminal Procedure, 1973-

A. Is confined to Court witnesses

B. Does not apply to defence witnesses
C. Cannot be exercised after the accused had closed his defence
D. Does not include
“accused” as
13. An order under section 319 of the Code of Criminal Procedure, 1973-

A. Can only be made on the request of the first informant or one of the witness
B. Cannot be passed unless at least one prosecution witness has been examined
C. Cannot be made suo motu
D. Is an administrative order

14. Compounding an offence under section 320 of the Code of Criminal Procedure,
1973-
A. Can only be done after obtaining the permission from the Court
B. Can only be done by the complainant
C. Cannot result in acquittal of the accused
D. None of these
15. ___________ can proceed under section 340 of the Code of Criminal
Procedure, 1973 and hold a preliminary enquiry.

I. Civil Court
II. Revenue Court
III. Criminal Court

A. I and II
B. II and III
C. III and I
D. I, II and III
 16. A warrant case _______________be converted into a summons case
A. cannot
B. can
C. may be
D. shall be

17. ______________ may pass any sentence authorized by law

A. High court
B. sessions court
C. CJM
D. High Court & Sessions court

18. A police officer not in uniform, ____________ arrest a person

A. can
B. cannot
C. may
D. might

19. The correct order of the legal process is _______a. Warrant b. Attachment c.
summons d. proclamation
A. cadb
B. abdc
C. bdac
D. cdba

20. Crpc S. 125 is a________law

A. Procedural
B. Substantive
C. personal
D. special

Answer: 1-D, 2-B, 3-B, 4-C, 5-B, 6-B, 7-A, 8-C, 9-D, 10-B,
11-C, 12-D, 13-B, 14-D, 15-D, 16-A, 17-D, 18-A, 19-A, 20-A.
 INTERPRETATION OF STATUTES
1. Which one among the following are external aids to interpretation?
A. Tittle
B. Illustrations
C. Proviso clause
D. Dictionary

2. Under which section of General Clauses Act does effect of repeal is stated?
A. Section 3
B. Section 4
C. Section 6
D. Section 8

3. Statutes which are there in existence for a specified fixed period is known
as
A. Permanent Statute
B. Temporary Statute
C. Codifying Statute
D. Remedial statute

4. Which legal maxim means “to stand by things decided”?

A. Stare Decisis
B. Ration Decendiin
C. In BonemPartem
D. Ejusdem Generis

5. Doctrine of Mischief Rule was given under

A. Foss Vs Harbottle
B. Heydon’s Case
C. Thomson Vs Clan Morris
D. Foster Vs DiphwysCasson

6. Which of the following rules of interpretation are applicable to Taxation

Statutes?
A. Liberal and wide interpretation
B. Strict and narrow interpretation
C. Beneficial interpretation
D. Utilitarian interpretation
7. In Exchequer Vs. Heydon [1584] EWHC Exch J36 76 ER 637,the court
expounded which of the following rule?
A. The Golden rule
B. The Red rule
C. The Mischief rule
D. The literal interpretation rule

8. The judiciary when interpreting a criminal statute generally applies which

of the following rule of interpretation?
A. Forgiveness rule
B. Rule of literal interpretation
C. Beneficial interpretation
D. Golden rule of interpretation

9. “A person to whom an authority or decision-making power has been

delegated to from a higher source, cannot, in turn, delegate again to another,
unless the original delegation explicitly authorized it”, Which maxim fits
this explanation?
A. Delegatus Non PotestDelegare
B. Audi Alteram Partem
C. Nemojudex in causasua
D. Reddendosingulasingulis

10. Which out of the following is a statute?

A. A circular issued by a private club regulating entry
B. A set of rules made for a game of UNO
C. A bye law made by the Municipality for segregation of waste
D. A pamphlet instructing the use of a herbal hair dye

11. Section _____ of the General Clauses Act, 1897 deals with meaning
of service by post.

A. 25
B. 26
C. 27
D. 28
 12. Which of the following is not a General rule of interpretation.

A. a statute must be read as a whole

B. same word to have a same meaning
C. a construction to avoid absurdity is permissible
D. technical words to have ordinary meaning

13. Which of the following is based on the principle that a law which
violates fundamental rights is not a nullity or void ab initio but
becomes unenforceable.

A. Doctrine of waiver
B. Doctrine of lifting the veil
C. Doctrine of severalty
D. Doctrine of eclipse

14. The general rule is that a taxing statute should be construed ______ ,
that is, a person should not be taxed unless the words of the statue
unambiguously impose the talk on him.

A. beneficially
B. leniently
C. harmoniously
D. strictly

15. The effect of an Act which has expired or was repealed was that for
all purposes it would be presumed that the Act _____ existed, unless
the contrary intention appeared.

A. always
B. never
C. sometimes
D. rarely

Answers: 1-D, 2-C, 3-B, 4-A, 5-B, 6-B, 7-C, 8-B, 9-A, 10-C,
11-C, 12-D, 13-D, 14-D, 15-B.
 PIL & HR
1. The main purpose of the United Nations is
A. maintain internal peace and security
B. economic activity amongst nations
C. promote economic progress
D. social justice among states

2. United Nations Day is celebrated on

A. 19 December
B. 24 October
C. 13 January
D. 26 June

3. The Five permanent members of United Nations Security Council are

A. USA ,FRANCE ,CHINA, RUSSIA, GERMANY
B. FRANCE, CHINA, RUSSIA, GERMANY, ISRAEL
C. USA,RUSSIA,CHINA,FRANCE,UNITED KINGDOM
D. UNITED KINGDOM,RUSSIA, CHINA,USA, ISRAEL

4. In response to the criticism of violation of Human Rights by western Countries

which of the following Act was promulgated as an Ordinance?
A. The Maternity Benefit Act ,1971
B. The Protection Of Human Rights Act,1993
C. The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities)
Act,1989
D. The Protection of Civil Rights Act,1955

5. Human Rights are __________ in nature.

A. Universal and inherent
B. Critical and similar
C. Diverse and discriminatory
D. Symbolic and biased

ANSWERS: 1-A, 2-B, 3-C, 4-B, 5-A

1. Under CPC Which of the following cases are normally not suitable for arbitration & conciliation
(Alternative Dispute Redressal)
(a) All cases relating to trade, commerce and contracts
(b) All consumer disputes
(c) All cases relating to tortuous liability
(d) Cases involving prosecution for criminal offences
2. Which of the following is a mode for settlement of disputes outside the court under section 89 of
CPC?
(a) Arbitration
(b) Conciliation
(c) Judicial settlement
(d) All of the above
3. Under CPC where an element of settlement exists which court will refer a case to Lok Adalat?
(a) By High Court
(b) By the court before which case is pending
(c) Only by the court of district judge
(d) District legal authority
4. By which amendment act section 89 has been incorporated in civil procedure code?
(a) Civil procedure code (amendment) act 1999
(b) Civil procedure code (amendment) act 1997
(c) Civil procedure code (amendment) act 2000
(d) Civil procedure code (amendment) act 2002
5. Which of the following is a deemed decree: -
(a) Rejection of a plaint
(b) Determination of questions under section 144 of the code of civil procedure
(c) Adjudication under order 21 rule 58
(d) All of the above
6. Which of the following provisions of the code of civil procedure precludes a plaintiff from
instituting a fresh suit?
(a) Order 9 rule 9
(b) Order 11 rule 21(2)
(c) Order 22 rule 9
(d) All of the above
7. Res judicata may operate between: -
(a) A plaintiff and a defendant
(b) Co-plaintiffs
(c) Co-defendants
(d) All of the above
8. Section 14 of CPC enacts that the court shall presume, upon the production of a certified copy of
a foreign judgment, that such judgment was pronounced by a court of competent jurisdiction. This
presumption is: -
(a) Rebuttable presumption of fact
(b) Irrebuttable presumption of fact
(c) Rebuttable presumption of law
(d) Irrebuttable presumption of law
9. A decree-holder under section 2(3) of CPC is: -
(a) The plaintiff
(b) The defendant
(c) A person who is not a party to the suit but in whose favor an order capable of execution has
been passed
(d) All of the above
10. A suit filed on behalf of a minor by next friend can be: -
(a) Abandoned at any time as a matter of right
(b) Cannot be abandoned
(c) Abandoned only with the leave of the court
 (d) None of the above
11. 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
12. Suits for declaration and injunction in respect of public nuisances under section 91 of CPC can be
instituted by: -
(a) An individual without the leave of the court
(b) An individual with the leave of the court
(c) Two or more persons without the leave of the court
(d) Two or more persons with the leave of the court
13. What is not correct about the recording of evidence under order 18 rules 4 of CPC?
(a) The examination in chief of a witness shall be on affidavit
(b) For cross-examination the commissioner shall be appointed
(c) The district judge shall prepare a panel of commissioner to record the evidence
(d) The admissibility of document which are filed along with affidavit shall be determined by the
commissioner
14. The expression "court which passed a decree" is defined under which section of civil procedure
code-
(a) 2(2)
(b) 2(3)
(c) 37
(d) 38
15. The principal of res judicata can be invoked -
(a) Only in separate proceeding
(b) Also, in subsequent stage of the same proceeding
(c) Depends upon some things
(d) None of the above
16. According to section 21 of the CPC when can an objection as to the place of suing be taken?
(a) Any time
(b) Can be taken at appellate or revision stage for the first time
(c) Before the court of first instance at the earliest possible opportunity
(d) None of the above
17. Will an appeal lie against an order rejecting an application to set aside ex parte decree?
(a) Yes
(b) No
(c) Not always
(d) None of the above
18. Which one of the following is correct?
(a) Appellate court shall have power to determine a case finally
(b) Appellate court shall not remand a case
(c) Appellate court shall not have a power to frame issue and refer them for trial
(d) Appellate court shall not have power to take additional evidence

19. Which of the following is correct statement in so far as section 20 of the code of civil procedure,
1908, is concerned?
(a) The suit has to be instituted in the court of the lowest grade competent to try it
(b) The suit has to be instituted in the court within the local limits of whose jurisdiction the
defendant actually and voluntarily resides or carries on business or personally works for gain
(c) The suit has to be instituted in the court within the local limits of whose jurisdiction, the cause
of action wholly or in part arises
(d) All the above are correct
20. In a case of breach of terms on which injunction was granted under civil procedure code, 1908 the
court may pass an order of :-
 (a) Attachment and sale of property
(b) Attachment of property and detention in civil prison
(c) Arrest and detention in civil prison for 3 months
(d) (a) and (c) both
21. How much salary of a person can be attached in execution of a decree for maintenance?
(a) First one thousand rupees and 1/3 of the remainder
(b) First one thousand rupees and 2/3 of the remainder
(c) 2/3 of the salary
(d) 1/3 of the salary
22. Which one of the following sections of the code of civil procedure code, 1908 embraces the
principle of restitutions?
(a) Sec. 134
(b) Sec. 144
(c) Sec. 148-a
(d) Sec. 151
23. A court can return the plaint for presentation to the court in which the suit should have been
instituted?
(a) At the time of institution of suit
(b) Before framing of issues
(c) Before the trial begins
(d) At any stage of the suit
24. ‘prison’ as defined in order 16-a of the code of civil procedure, 1908 includes:
(a) Any place which has been declared by the government, by general or special order, to be
subsidiary jail
(b) Any reformatory, borstal institution or other institution of a like nature
(c) Both (a) and (b)
(d) Only (a) is correct
25. Which one of the following is not a decree under civil procedure code, 1908?
(a) Rejection of a plaint for non-payment of court fee
(b) Any order of dismissal for default
(c) Both (a) and (b)
(d) None of the above
26. Documents which are meant for cross examination of a witness of the other party may be
produced?
(a) Till settlement of issues
(b) After settlement of issues
(c) Any time when required
(d) Along with the pleading
27. Under which one of the following provisions of the civil procedure code, 1908 a plaint is rejected
by the court in absence of cause of action?
(a) Order 7 rule 11 (a)
(b) Order 7 rule 11 (b)
(c) Order 7 rule 11
(d) Order 7 rule 11 (d)
28. Under which of the following provision of the civil procedure code, 1908 attachment before
judgment is provided?
(a) Order 38 rule 5-13
(b) Order 39 rule 1 and 2
(c) Order 40 rule 1
(d) Section 96
29. On which one of the following grounds under civil procedure code, 1908 a warrant of arrest
against a “judgment debtor” may be cancelled by the court?
(a) Serious illness
(b) Appearance in marriage of his son
(c) To case vote in general elections
 (d) None of the above
30. A decree against government of India or state government shall not be executed unless it remains
unsatisfied for the period of:
(a) One month
(b) Two months
(c) Three months
(d) Six months
31. Under civil procedure code, 1908 copy of plaint:
(a) Shall be attached with every summons
(b) Is not necessary to attach with every summons
(c) May be attached with the summons when court permits
(d) Is attached with summons on the request of the plaintiff

32. In connection with a suit by an indigent person, the suit is deemed to be instituted on the date
(a) When the application for leave to sue as a pauper is made
(b) When such application is admitted
(c) When such application is rejected
(d) When the. Issues are framed
33. Whether the pendency of a suit in a foreign court will preclude the courts in India from trying a
suit founded on the same cause of action?
(a) Yes
(b) No
(c) It will depend on the nature of the suit
(d) Finding will be based on valuation of the suit a
34. The provisions of res-judicata also apply to the execution proceedings of a decree
(a) Yes
(b) No
(c) Only applies to the suit
(d) Not apply if objection raised by judgment debtor
35. In the case of a public nuisance, a suit for declaration and injunction may be instituted by
(a) Two persons, with the leave of the court
(b) Two persons, having obtained oral consent of the advocate general
(c) Two persons, having obtained the written consent of the advocate general
(d) Two persons, without the leave of the court
36. Where the appellant has withdrawn the appeal preferred against a decree passed ex parte, the
application under order 9 rule 13 of CPC, shall be
(a) Rejected
(b) Returned
(c) Maintainable
(d) Referred for opinion to the appellate court
37. Where the decree is for the partition of an undivided estate assessed to the payment of revenue to
the government, the partition of revenue to the government, the partition of the estate, in
accordance with the law for the time being in force, shall be made by:
(a) The patwari
(b) The nazir
(c) The collector
(d) The commissioner appointed by the court
38. No order for detention of the judgment debtor in civil prison in execution of a decree for the
payment of money shall be made where the total amount of the decree does not exceed :
(a) Five hundred rupees
(b) One hundred rupees
(c) Two thousand rupees
(d) Five thousand rupees

39. Pleading means:

 (a) Plaint or rejoinder
(b) Plaint or written statement
(c) Plaint or written statement or rejoinder
(d) Plaint alone

40. Order rejecting plaint under order 7 rule 11 of CPC:

(a) Is a decree
(b) Is an order
(c) Is a deemed decree
(d) Is an interim order
41. Section 10 of civil procedure code 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 of these
42. Res judicata dees not operate
(a) Between co-defendants
(b) Between co-plaintiffs
(c) Against a pro forma defendant
(d) None of these
43. 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 and circumstances of the case
(d) Neither (a) nor (b)
44. The code of civil procedure recognizes
(a) Preliminary decree
(b) Final decree
(c) Partly preliminary and partly final
(d) All these
45. Which of the following suits is of civil nature?
(a) Suits relating to right to property
(b) Suits relating to right to worship
(c) Suits for damages for civil wrong
(d) All these
46. Which section of CPC declares that the court shall presume, upon the production of any document
purporting to be a certified copy of a foreign judgment, that such judgment was pronounced by a
court of competent jurisdiction, unless the contrary appears on the record, or is proved?
(a) Section 13
(b) Section 14
(c) Section 19
(d) Section 20
47. Mark the correct statement in relation to order xxiii of code of civil procedure, 1908:
(a) At any time after the institution of a suit, the plaintiff may withdraw his suit or abandon part
of his claim
(b) If a plaintiff withdraws from a suit without the court's permission, he is precluded from
instituting a fresh suit against the same defendant in respect of the same subject matter
(c) If the court is satisfied that a suit must fail by reason of some formal defect or there are other
sufficient grounds, it may allow the withdrawal from suit
(d) Where there are several plaintiffs, the court can allow one of them to withdraw, even if the
other co-plaintiffs do not consent to such withdrawal.
48. Arrest of a person in execution of a decree has been provided:
(a) Under section 53 of the code of civil procedure
(b) Under section 54 of the code of civil procedure
(c) Under section 56 of the code of civil procedure
 (d) Under section 55 of the code of civil procedure

49. Preliminary decree can be passed in a suit:

(a) For partition
(b) For partnership
(c) For possession and mesne profit
(d) All these
50. In a suit for partition three defendants were set ex parte. Preliminary decree was passed. On the
application of one of the three defendants the court set aside the decree as against all the
defendants. The order of the court is :
(a) Legal
(b) Irregular
(c) Unjustified
(d) Illegal
51. After the trial of the suit the court found that the suit was barred by the principle of res judicata
and did not discuss and answer the other issues. The procedure adopted by the court is:
(a) Legal
(b) Justified
(c) Proper
(d) Illegal
52. When a court desires that its decree shall be executed by another court, it shall send to the other
court:
(a) A decree and certificate of non-satisfaction
(b) Judgment and decree
(c) Judgment and execution petition
(d) Execution petition and certificate of non-satisfaction
53. A court to which decree has been transferred for execution cannot, while executing:
(a) Order attachment
(b) Execute the decree against the legal representatives of the decreased judgment debtor
(c) Send the decree for execution to another court
(d) Order execution at the instance of the transferee of the decree
54. Under civil procedure code, in which of the following cases the court cannot reject the plaint?
(a) Where the relief claimed is undervalued, and the plaintiff, on being required by the court to
correct the valuation within a time to be fixed by the court, fails to do so.
(b) Where the suit appears from the statement in the plaint to be barred by any law.
(c) When the plaint is insufficiently stamped and the plaintiff on being required by the court to
supply the requisite stamp-paper within a time to be fixed by the court fails to do so.
(d) Where the plaint discloses a cause of action.
55. Under civil procedure code, when application for review is dismissed:
(a) Appeal can be filed against the order
(b) No appeal lies
(c) With the permission of court, appeal can be filed against the order
(d) None of these
56. The object of oral examination under order x rule 2 of CPC is:
(a) To elucidate the matters in controversy in the suit
(b) To record evidence
(c) To secure admissions
(d) None of these
57. Which of the following statement is correct?
(1) An appeal may lie from an original decree passed ex parte
(2) No appeal shall lie from a decree passed by the court with the consent of parties
(3) No appeal shall lie on a question of law ».
(a) Only (1)
(b) Only (2)
(c) Only (3)
 (d) Both (1) and (2)
58. Under section 115 of CPC, the High Court has the power of:
(a) Revision
(b) Review
(c) Reference
(d) Vary or reverse any order whatsoever
59. Which of the following statement is incorrect?
(a) Where there are more defendants than one, service of the summons shall be made on each
defendant.
(b) Service of the summons shall be made by tendering a copy thereof signed by the lawyer.
(c) Summons for the defendant cannot be served on his servant.
(d) Defendant may empower agent to receive summons.
60. Order XV of CPC talks about:
(a) Disposal of the suit at the first hearing
(b) Settlement of issues
(c) Attendance of witness
(d) Notices
61. An adjournment shall not be granted on the ground:
(a) Where the circumstances are beyond the control of that party
(b) Pleader is ill and the party could not engage another pleader in time
(c) The pleader of a party is engaged in another court
(d) Both where the circumstances are beyond the control of that party and pleader is ill and the
party could not engage another pleader in time
62. Provision relating to ‘precept' is provided in civil procedure code under:
(a) Section 40
(b) Section 444
(c) Section 45
(d) Section 46
63. Order 29 of civil procedure code is related to:
(a) Suits by government
(b) Suits by pauper
(c) Suits by or against corporation
(d) None of the above
64. Which one of the following sections of civil procedure code prohibits arrest and detention of
women in execution of decree for money?
(a) Section 55
(b) Section 56
(c) Section 59
(d) Section 60
65. Under which provision of civil procedure code, a High Court can transfer any case?
(a) Section 20
(b) Section 12
(c) Section 24
(d) Section 15
66. Under civil procedure code, a court may appoint a 'receiver' of any property:
(a) Only before the decree
(b) Only after the decree
(c) Before or after the decree
(d) None of the above
67. Under section 115 of the civil procedure code, revision may lie to
(a) The Supreme Court
(b) The High Court
(c) District court
(d) All of the above
68. Under civil procedure code, where a person who is a necessary party to a suit, is not imp leaded in
the suit, the matter is of
(a) Non-joinder
(b) Mis-joinder
(c) Both (a) and (b) above
(d) None of the above
69. Which one of the following combinations is mis-matched under civil procedure code?
(a) Temporary injunction - order 39
(b) Right to lodge a caveat - section 148a
(c) Suit by pauper - order 33
(d) Powers of appellate court - section 102
70. Which one of the following provisions of the civil procedure code provides that no appeal shall lie
from a decree passed by the court with the consent of parties?
(a) Section 96(1)
(b) Section 96(2)
(c) Section 96(3)
(d) Section 96(4)
71. Under civil procedure code what may be substituted for summon where the defendant is, in the
opinion of the court, of a rank entitling him to such mark of consideration?
(a) Notice
(b) Letter
(c) Direction
(d) Request
72. The death of a plaintiff or defendant shall not cause the suit to abate, if
(a) The cause of action survives
(b) The relief survives
(c) The right to sue survives
(d) All of the above
73. Inherent powers may be used by the court for
(a) The end of justice
(b) To prevent abuse of the process of the court
(c) Both (a) and (b) above
(d) None of the above
74. Which one of the following order is appealable?
(a) Order under section 35
(b) Order under section 35A
(c) Order under section 35B
(d) Order under section 90
75. Which one of the following questions cannot be determined by the executing court?
(a) Discharge of decree
(b) Execution of decree
(c) Amendment of decree
(d) Satisfaction of decree
76. Which of the following methods cannot be adopted by the court for execution of decree under
section 51 of civil? Procedure code?
(a) By delivery of any property specifically decreed
(b) By attachment and sale of property
(c) By issue of summons to party
(d) By appointing a receiver
77. Under which one of the following provisions of civil procedure code, a collector may be
appointed 'receiver'?
(a) Order 40 rule
(b) Order 40 rule 2
(c) Order 40 rule 3
(d) Order 40 rule 5
78. Under civil procedure code where defendant is absent from his residence at the time when service
of summon is sought to be affected, service may be made on
(a) Servant of the defendant
(b) Adult son of the defendant
(c) Minor daughter of the defendant
(d) Clerk of the defendant
79. Salary to the extent on first one thousand rupees and two-third of the remainder shall not be liable
to attachment or sale in
(a) Execution of decree for maintenance
(b) Execution of decree other than maintenance.
(c) Both (a) and (b) above
(d) None of the above
80. Which one of the following questions may be determined by the court executing the decree?
(a) Execution of decree
(b) Discharge of decree
(c) Satisfaction of decree
(d) All the above
81. A suit may be defeated due to: -
(a) Non joinder of a proper party
(b) Misjoinder of a necessary party
(c) Non joinder of a necessary party
(d) Misjoinder of a proper party.
82. The commissioner appointed under the provisions of order xviii of the code of civil procedure for
the purposes of recording of evidence cannot: -
(a) Re-examine a witness
(b) Decide objections raised during the recording of evidence:
(c) None of the above
(d) Both (a) & (b)
83. Under civil procedure code, a court may not issue a commission -
(a) For elucidating any matter in dispute;
(b) For ascertaining the market value of any property
(c) For the assessing the amount of any mesne profits or damages
(d) For framing of issue
84. Under which of the following orders of CPC, provisions regarding a suit by indigent persons has
been given -
(a) Order-XXXII(A)
(b) Order-XXXIII
(c) Order-XXXII
(d) Order-XXXIV
85. Under order 43 of civil procedure code, against which order an appeal shall not lie-
(a) An order to set aside or refusing to set aside a sale
(b) An order rejecting an application for permission to sue as an indigent person
(c) An order on an objection to the draft of a document
(d) When the subordinate court has exercised its jurisdiction illegally or with material irregularity
86. Which provision (order) of civil procedure code deals with summons and attendance of witness?
(a) Order 5 CPC
(b) Order 10 CPC
(c) Order 16 CPC
(d) Order 21 CPC
87. Which provision (order) of civil procedure code deals with production, impounding and return of
documents?
(a) Order 13 CPC
(b) Order 5 CPC
(c) Order 17 CPC
 (d) Order 24 CPC

88. Under civil procedure code, a litigant having a grievance of civil nature has a right to institute a
civil suit if cognizance is………….
(a) Not expressly barred
(b) Impliedly barred
(c) Expressly and impliedly barred
(d) None of these
89. Under civil procedure code, defendant can ask for temporary injunction against the plaintiff
if................
(a) Plaintiff threatens the defendant to dispossess him from the suit property
(b) The plaintiff threatens to dispose of the property with a view to defrauding his creditors
(c) If property in dispute in a suit is in danger of being wasted, damaged or alienated by the
plaintiff
(d) If defendant threatens the plaintiff to dispose of the property
90. Under CPC 1908, on death of cither parties to the suits between the conclusion of the hearing and
the pronouncing of the judgment, the suit……...
(a) Shall abate
(b) Shall not abate.
(c) May abate with the permission of the court
(d) May abate with the consent of the other party
91. Under civil procedure code, who is not exempted from personal appearance in the civil court?
(a) Vice-president of India.
(b) Ministers of union and states.
(c) Judges of supreme court and high courts
(d) Chairman union public service commission.
92. Under order 32 rule 1 of civil procedure code a minor means a person who has not attained his
majority within the meaning of......
(a) Juvenile justice act
(b) Civil procedure code
(c) Indian majority act
(d) Hindu minority and guardianship act
93. To set aside decree on objection as to place of suing the suit: -
(a) Shall be filed at the place where former suit was adjudicated
(b) Shall be filed at the place where right to file subsequent suit present
(c) Shall be filed at the place where cause of action for the subsequent suit is arised
(d) Baron suit
94. Where a dispute has been referred to a person u/s. 89(2)(c) CPC such person shall be deemed to
be: -
(a) An arbitrator
(b) Lok Adalat
(c) A judge
(d) A counselor
95. Point out incorrect statement in the following: -
(a) A civil court can issue commission for examining accounts
(b) A civil court can issue commission to perform any ministerial act
(c) A civil court can issue commission to execute a decree
(d) A civil court can issue commission to make a partition
96. Under order 39 rule 3a of civil procedure code, where an injunction has been granted without
giving a notice to the opposite party, the court shall make an endeavor to finally dispose of the
application within
(a) Ninety days
(b) Sixty days
(c) Thirty days
(d) Fifteen days
97. As per civil procedure code, 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 at the time of
withdrawal court has permitted withdrawal with liberty to file fresh suit
98. In cases where the amount or value of the subject matter of the suit does not exceed fifty rupees,
the period of detention under order xxxviii, rule 4 of CPC cannot: -
(a) Exceed six days
(b) Exceed six weeks
(c) Exceed six months
(d) Exceed three months
99. Where a suit is dismissed under rule 2 or rule 3 of order ix of civil procedure code: -
(a) Plaintiff is debarred from filing fresh suit
(b) Only remedy with the plaintiff is to seek setting aside of such order
(c) The only remedy is to bring fresh suit
(d) Plaintiff may (subject to the law of limitation) bring a fresh suit, or he may apply for an order
to set the dismissal aside
100. If an indigent person succeeds in the suit from whom the court fees will be realized:
(a) From the state
(b) From the opposite party
(c) From the subject matter of the suit
(d) None of these is correct
 ANSWER KEY

1. D
2. D
3. B
4. A
5. D
6. D
7. D
8. C
9. D
10. C
11. A
12. D
13. D
14. C
15. B
16. C
17. A
18. A
19. D
20. B
21. D
22. B
23. D
24. C
25. B
26. C
27. A
28. A
29. A
30. C
31. A
32. A
33. B
34. A
35. A
36. C
37. C
38. C
39. B
40. A
41. D
42. C
43. B
44. D
45. D
46. B
47. D
48. D
49. D
50. A
51. D
52. A
53. D
54. D
55. B
56. A
57. D
58. A
59. B
60. A
61. C
62. D
63. C
64. B
65. C
66. C
67. b
68. B
69. D
70. C
71. B
72. C
73. C
74. B
75. C
76. C
77. D
78. B
79. B
80. D
81. C
82. B
83. D
84. B
85. D
86. C
87. A
88. A
89. C
90. B
91. D
92. C
93. D
94. B
95. C
96. C
97. D
98. B
99. D

100.C
1. When a second appeal under the code of civil procedure 1908 before the High Court may be preferred:
(a) On a substantial question of law
(b) On a substantial question of fact
(c) On a question of public policy
(d) All are correct

2. Caveat remains in force from the date of its lodging:

(a) 30 days
(b) 45 days
(c) 60 days
(d) 90 days

3. Under the code of civil procedure, 1908 language of subordinate courts is declared by:
(a) Central government
(b) State government
(c) High Court of the state
(d) Supreme Court

4. A suit of a minor is instituted by

(a) Next friend
(b) Guardian
(c) Legal representative
(d) Any one of them

5. Constructive res judicata under the code of civil procedure, 1908 is provided under :
(a) Section 11 explanation II
(b) Section 11 explanation III
(c) Section 11 explanation IV
(d) Section 11 explanation V

6. If the plaintiff does not appear before the court when the suit is called for hearing, the suit will be -
(a) Dismissed
(b) Heard ex-parte
(c) Rejected
(d) Returned

7. In the code of civil procedure, 1908 summary procedure is provided in -

(a) Order 37
(b) Order 38
(c) Order 39
(d) Order 40

8. When unnecessary persons are joined as parties to the suit, it is called-

(a) Non-joinder
(b) Mis-joinder
(c) Co-joinder
(d) Suit-joinder

9. In which of the following are provisions relating to injunction mentioned?

(a) Section 95 read with order XXXIX
(b) Section 30 read with order XI
(c) Section 36 read with order XXI
(d) Section 51 read with order XXI

10. Which of the following properties are not liable to attachment in execution of decree?
(a) Bank notes and cheques
(b) Promissory notes
(c) Land
 (d) Books of accounts

11. ‘garnishee’ is a person who is :

(a) Defaulter
(b) Decree holder
(c) Debtor of judgment debtor
(d) Foreigner

12. Interlocutory order are issued by civil court :

(a) During pendency of civil proceedings
(b) To summon the person
(c) For execution of decree
(d) For attachment of property

13. What does section 80 CPC deal with?

(a) Foreign judgment
(b) Injunction
(c) Requirement of notice for institution of suit against government
(d) Award of cost

14. Which of the following is not a part of expression ‘decree’ as defined under section 2(2) of civil procedure code??
(a) Adjudication of civil court
(b) Conclusive determination of rights
(c) Any order of dismissal for defaults
(d) Formal expression of an adjudication

15. What do the provisions of section 11 of civil procedure code deal with?
(a) Res judicata
(b) Res subjudice
(c) Garnishee order
(d) Foreign judgment

16. What does ‘pauper suit’ mean?

(a) Suit by third party
(b) Suit by public servant
(c) Suit by indigent person
(d) Suit by legal representative

17. Provision for settlement of dispute outside court has been provided under section..................of civil procedure
code.
(a) 91
(b) 89
(c) 51
(d) 151
18. By whom can the transfer of suit or proceedings from one state to other state be ordered?
(a) Central government
(b) Supreme Court
(c) High Court
(d) Parliament

19. Second appeal under section 100 of civil procedure code lies before:
(a) District court
(b) High Court
(c) Supreme Court
(d) Special court

20. Plea raised by contesting respondent is in fact called:

(a) Plea for caveat
 (b) Plea for adjournment
(c) Plea for demurrer
(d) Plea for rejection of evidence

21. What does ‘pleading’ consist of?

(a) Plaint and written statement
(b) Affidavit
(c) Order of court
(d) Decree of court

22. Provision for grant of temporary injunction is’ provided in............. Of the code of civil procedure.
(a) Section 95 read with order XXXIX
(b) Section 78
(c) Section 95 read with order XXXVII
(d) Section 151

23. Non joinder of necessary party in a suit will lead to:

(a) Dismissal of suit
(b) Stay of suit
(c) Continuation of suit
(d) Imposition of cost

24. Which of the following is a correct statement?

(a) A woman can be arrested for execution of money decree.
(b) A woman can be arrested and released on bail in execution of money decree.
(c) A woman cannot be arrested for execution of money decree.
(d) Money decree cannot be executed against woman.

25. Proceedings by which a decree holder seeks to recover money or property of judgment debtor in the hands of third
party is known as:
(a) Interpleader suit
(b) Mesne profit
(c) Garnishee order
(d) Doctrine of subrogation

26. Under which of the following sections of the code of civil procedure is the requirement of statutory notice before
filing suit against government laid down?
(a) Section 75
(b) Section 80
(c) Section 14
(d) Section 115

27. What does the recent judgment of the Supreme Court in union of India v. Diler singh deal with?
(a) Second appeal
(b) Restitution
(c) Res judicata
(d) Suit against government

28. In which section of the code of civil procedure are the inherent powers of court mentioned?
(a) Section 148
(b) Section 151
(c) Section 95
(d) Section 114

29. “Decree”, as defined by section 2 of the code of civil procedure, 1908 does not include :-
(a) A preliminary decree
(b) Rejection of a plaint
(c) Determination of any question within section 144 CPC
 (d) Any order of dismissal for default

30. Against a decree passed in a suit after recording a compromise, an appeal on the ground that the compromise
should not have been recorded, can be filed under :-
(a) Section 151 CPC
(b) Order XXIII CPC
(c) Order XIIII rule 1-A CPC
(d) None of the above

31. Does the court have discretion to extend time for filing of court fee after the plaint is filed?
(a) Yes.
(b) No.
(c) Yes, but only if the period of limitation would not have expired when the deficit court fee is paid.
(d) Full court fee must be paid with the plaint filed, otherwise plaint must be returned under order vii, rule 11 of
the code of civil procedure.

32. Garnishee proceedings under the code of civil procedure can be instituted to enable:
(a) Attachment of debt, shares and other property not in possession of the judgment debtor.
(b) Attachment of property of which the owner is not known.
(c) Only for attachment of property which cannot be estimated in terms of money.
(d) Only for attachment of a share in joint family property.

33. 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?
(a) Record re-examination of a witness.
(b) Decide objections raised during recording of evidence.
(c) Record remarks regarding the demeanor of the witness while under examination.
(d) Record the evidence either in writing or mechanically.

34. Which one of the following propositions with regard to an interpleader suit is incorrect?
(a) Defendants claim adversely to one another.
(b) Plaintiff claims no interest in the subject matter in dispute other than for charges or costs.
(c) Real dispute must be between the plaintiff and only one of the defendants.
(d) Plaintiff must be ready to deliver the property to the rightful claimant.

35. Whether the next friend of a lunatic requires permission of the court to file a suit for declaration?
(a) Yes, specific permission and order of the court is required.
(b) No, specific permission is not required.
(c) Specific permission is required if the defendant raises an objection.
(d) Permission is required in case the court finds that the suit is collusive.

36. A review petition is maintainable where:

(a) The review applicant has already filed an appeal which is pending.
(b) The opposite party files an appeal, after review petition was filed.
(c) Appeal filed by the review applicant has been dismissed by a speaking order on merits.
(d) Filing of appeal by any side is immaterial.

37. Whether a defendant can file an application for disposal of the suit under order xii rule 6 code of civil procedure,
1908?
(a) Yes, defendant can file an application.
(b) No, defendant cannot file an application.
(c) Defendant can file an application not before but after evidence of the plaintiff has been recorded.
(d) Only if the plaintiff has also filed an application under order xii rule 6 of the code of civil procedure, 1908.

38. Whether the judgment debtor can plead satisfaction of money decree by payment in outside the court?
(a) No.
(b) Yes, if money is paid in cash before a third person.
 (c) Yes, if the payment or adjustment is incorporated into a document.
(d) Only if the document recording the payment was signed by the decree, holder before the notary public or oath
commissioner.

39. Whether a suit can be compromised without filing an application under order xxiii rule 3 of the code of civil
procedure, 1908 in court?
(a) No, as a written application under order xxii rule 3 CPC signed by both parties is mandatory.
(b) Yes, but only when both parties file affidavits before the court accepting the compromise and settlement.
(c) Yes, if the compromise is in writing and signed by the parties.
(d) Yes, but only if whole of the subject matter of the suit and not part thereof has been adjusted and
compromised.

40. A plaintiff can file a second suit on the subject matter of an earlier suit filed by him:
(a) Where the earlier suit was unconditionally withdrawn.
(b) Where the first suit was dismissed in default in the presence of the defendant, subject to law of limitation.
(c) Where the first suit was dismissed on merits but the plaintiff feels that the decision is wrong.
(d) None of the above.

41. Section 89 of the code of civil procedure, 1908 provides that the court shall attempt settlement of disputes:
(a) In all cases
(b) In cases where both parties specifically plead for settlement.
(c) In cases where at least one of the parties pleads for settlement.
(d) In cases where the court is satisfied that there is a possibility of arriving at a settlement that may be acceptable
to both parties.

42. A sues b for the specific performance of a contract. In the plaint, seeks the relief of specific performance. He does
not seek any relief in the alternative. The court determines that it cannot order the specific performance of the
contract. Can the court award compensation instead?
(a) Yes, as specific relief act directs that compensation must be awarded.
(b) Compensation can be awarded since order vii, rule 7 of the code of civil procedure provides that any other
relief can be awarded and the same does not have to be specifically pleaded.
(c) Compensation can be awarded only after the court allows the plaint to be amended for including a claim of
compensation.
(d) No, damages cannot be awarded since the relief of specific performance and of compensation are inconsistent
pleadings, and therefore no amendment can be brought to this effect.

43. Which of the following does not have to be pleaded in an application for temporary injunction?
(a) Malafide intentions of the opposite party.
(b) Irreparable harm to the applicant.
(c) Prima facie case.
(d) Balance of convenience in favor of the applicant.

44. In an application for maintenance, it is not necessary to aver that:

(a) The husband has neglected or refused to maintain the wife.
(b) The husband has sufficient means to maintain the wife.
(c) The husband has treated the wife with cruelty.
(d) The wife is unable to maintain herself.

45. ‘a’, an Indian citizen, enters into a contract with ‘b’, a us citizen based in the USA. Certain disputes arise under
the contract, and ‘b’ files a suit in the matter in the civil court of New York. ‘a’ files a counter claim in the said
suit. Subsequently, ‘a’ files a suit in the same matter in the jurisdictional civil court in New Delhi. Is the latter
court barred from trying the suit?
(a) Yes, since this will lead to multiplicity of proceedings.
(b) Yes, since by filing a counter claim has accepted the jurisdiction of the courts of New York.
(c) No, because the pendency of a suit in a foreign court does not preclude courts in India from trying a suit based
on the same cause of action.
(d) No, because is the defendant in the first suit and the plaintiff in the second suit.
46. In a contractual dispute between two parties a and b, a files a suit in New Delhi where the cause of action arose.
Two days later, b files a suit in the same matter in Mumbai, where is resident. The pendency of the first suit is not
brought to the notice of the court in Mumbai. The court pronounces judgment in second suit before the first suit is
decided. Would such decision operate as a bar on the court in new Delhi to try the suit any further?
(a) Yes, the principle of res judicata will apply.
(b) No, the principle of res judicata only applies against ‘former suits.’ in this case, the suit in Mumbai was filed
subsequent to the suit in Delhi and is therefore not a ‘former suit.
(c) No, because the parties did not disclose the pendency of the previous suit to the court in Mumbai.
(d) No, because the plaintiff in the first suit is not the plaintiff in the second suit.

47. The subject matter jurisdiction of a civil court extends to:

(a) All claims of civil nature.
(b) All claims of a civil nature unless their cognizance is expressly or impliedly barred.
(c) All suits of a civil nature which by express provision of a statutory law or by common law, fall within the
jurisdiction of civil courts.
(d) Only those claims of a civil nature where no other forum, authority or tribunal has jurisdiction.

48. Summons of a suit cannot be served by:

(a) Service in person on the defendant.
(b) Sending the summons to the residence of the defendant.
(c) Through publication in the newspaper.
(d) Sending the summons to a friend of the defendant.

49. A suit under order xxxvii of the code of civil procedure, 1908 can be based on:
(a) A hundi.
(b) An oral contract.
(c) A claim for general damages under section 73 of the contract act.
(d) None of the above.

50. An injunction can be granted:

(a) When the plaintiff has no personal interest in the matter.
(b) To prevent continuing breach in which the plaintiff has acquiesced.
(c) To prevent the breach of a contract, the performance of which cannot be specifically enforced.
(d) When necessary to prevent multiplicity of judicial proceedings.

51. When the defendant is proceeded ex parte after filing written statement:
(a) The defendant cannot participate in future proceedings.
(b) The defendant can participate in future proceedings.
(c) The defendant to participate in future proceedings must ask for setting aside of the ex parte order.
(d) The plaintiff has option to allow the defendant to participate.

52. Can a civil court examine a party at first hearing?

(a) No.
(b) Court cannot examine a party till evidence has been recorded.
(c) Court should not examine a party as opposite party has right to cross-examine.
(d) Yes

53. A suit filed for compensation for a wrong done to a person or moveable property shall be instituted in the court
within whose jurisdiction.
(a) The wrong was done
(b) The defendant resides
(c) The defendant personally works for gain
(d) Any of the rest three options

54. In a suit against central government, the authority to be named as defendant is?
(a) The president
(b) The prime minister
(c) The minister of concerned department
 (d) The union of India

55. In an execution proceeding, what is the liability of the legal representative of the deceased judgment debtor?
(a) Is under no liability at all
(b) Is liable only to the extent of the property received by him from deceased judgment debtor
(c) Has absolute liability co-extensive with that of judgment debtor, no matter that he receives no property from
the deceased
(d) None of the above

56. No permission to sue as an indigent can be granted, if:-

(a) The application does not disclose a cause of action
(b) Any other person has agreed to finance the litigation ,
(c) The interest of applicant in the subject matter stands transferred to another person
(d) All of the above

57. Attachment of portion of salary can be continued for a maximum period of:-
(a) 6 months
(b) 12 months
(c) 24 months
(d) 36 months

58. Under which of the following conditions a plaint cannot be rejected:-

(a) It fails to disclose a cause of action
(b) It is not filed in duplicate
(c) The plaintiff fails to comply with the provision of order 7 rule 9 CPC
(d) It is filed in a court of incompetent jurisdiction

59. Which of the following statement is incorrect?

(a) Temporary injunctions may be granted only at the time of institution of suit
(b) Temporary injunctions may be granted at any stage of suit
(c) Temporary injunctions are regulated by the code of civil procedure, 1908
(d) Temporary injunctions are form of preventive relief

60. An ex parte decree can be set aside :-

(a) Under order 9, rule 10 CPC
(b) Under order 9, rule 7 CPC
(c) Under order 9, rule 13 CPC
(d) Under order 9, rule 11 CPC

61. No preliminary decree is passed :-

(a) In a partition suit
(b) In a suit seeking specific performance of sale agreement
(c) In a suit seeking the relief of foreclosure
(d) In a suit seeking a relief of redemption

62. Right to lodge caveat is provided under the provision of :-

(a) Sec. 87-a of CPC
(b) Sec. 87-b of CPC
(c) Sec. 135-a of CPC
(d) Sec. 148-a of CPC

63. Clerical or arithmetical mistakes in judgments, decrees or orders from any accidental slip may be corrected by the
court under which section of CPC?
(a) Sec. 151
(b) Sec. 152
(c) Sec. 153
(d) Sec. 144

64. A witness who has already been examined can be recalled under order 18 rule 17 of the civil procedure code -
 (a) By the party calling the witness
(b) By the opposite party
(c) By the court
(d) None of these

65. Review is maintainable-

(a) Only when an appeal is provided, but no appeal preferred
(b) Only when no appeal is provided
(c) Both when an appeal is provided, but ho appeal preferred and when no appeal is provided are correct
(d) Neither when an appeal is provided, but no appeal preferred or when nor appeal is provided

66. Rules relating to interpleader suit have been provided in the civil procedure code, under which of the: following
orders -
(a) Order 50
(b) Order 35
(c) Order 55
(d) Order 40

67. A person against whom summons has been issued may be compelled under sec. 32 of CPC to attend by-
(a) Only issue of a warrant and ordering to furnish security for his appearance .
(b) Only imposing a fine and ordering to furnish security for his appearance
(c) Issue of a warrant, attachment and sale of his property, imposing a fine and ordering to furnish security for his
appearance
(d) Only attachment and sale of his property and ordering to furnish security for his appearance

68. The provision for setting aside ex-parte decree against defendant under civil procedure code is provided under-
(a) Order 9 rule 15
(b) Order 9 rule 13
(c) Order 9 rule 4
(d) Order 9 rule 6

69. Where the defendant resides in Pakistan, then the summon shall be sent by post to defendant together with a copy
thereof for service on defendant to -
(a) Through Indian high commission situated at Pakistan
(b) Through Pakistan high commission situated in India
(c) Through concerning high court in Pakistan having jurisdiction in the place defendant resides
(d) Any court in Pakistan (not being the high court) having jurisdiction in the place defendant resides

70. As per order 9 rule 2 CPC when the summons has not been served upon the defendant in consequence of the
failure of the plaintiff to pay service charges. The court-
(a) Only dismiss the suit.
(b) May order for summons at court expenses.
(c) Only grant time to the plaintiff to deposit the service charges.
(d) Either may dismiss the suit or may grant time to the plaintiff to deposit the service charges

71. The amount of court-fees, where indigent person succeeds, shall-

(a) Be recoverable by the state government from the party order by the decree to pay the same.
(b) Be recoverable by the court concerned from the party order by the decree to pay the same.
(c) Be recoverable by the state government or the court concerned from the party order by the decree to pay the
same.
(d) Not be recoverable because he was indigent person.

72. The objections raised by the parties during the recording of evidence by the commissioner, shall be decided by
whom :-
(a) The court at the stage of argument.
(b) The commissioner at the same time
(c) The court at the same time
(d) The commissioner at the stage of argument
73. Second appeal shall not lie from any decree, as provided under sec. 102 of CPC, when the subject matter of
original suit is for recovery of money not exceeding :-
(a) Rs. 10,000/-
(b) Rs. 25,000/-
(c) Rs. 50,000/-
(d) Rs. 1,00,000/-

74. Under code of civil procedure, preliminary decree can be passed in :-

(a) A suit for partition
(b) A suit for dissolution of partnership
(c) A suit for possession and mesne profit
(d) All of these

75. Under order 40 rule 1 of CPC, a receiver can be appointed :-

(a) Only before decree
(b) Only after decree
(c) Both before or after decree
(d) Before presentation of plaint

76. Suit would not be dismissed under order 7 rule 11 CPC, 1908 if :-
(a) Where cause of action is not disclosed
(b) Where suit is barred by any law
(c) Where suit is not in duplicate
(d) None of these

77. Period to produce objection under order 41 rules 22 CPC is?

(a) Within one month from the date of service of notice of day fix for hearing
(b) Up to first or second date of hearing
(c) At any time before final hearing
(d) Never

78. Which is maximum limit in code of civil procedure, 1908 to incorporate amendment in plaint?
(a) Seven days
(b) Fourteen days
(c) Fifteen days
(d) Thirty days

79. What is maximum period to pronounce judgment under order 20 rules 1 code of civil procedure by a court after
completion of hearing?
(a) Thirty days
(b) Sixty days
(c) Fifteen days
(d) No maximum period is prescribed

80. When temporary injunction is not granted?

(a) To restrain any election
(b) To restrain any auction made by the government
(c) To stay any disciplinary proceeding against employee of the government
(d) All of these cases

81. What is stay under section 10 code of civil procedure?

(a) Proceeding of suit
(b) Trial of suit
(c) Inquiry of suit
(d) Supplemental proceedings of suit

82. Who is necessary party in Madhya Pradesh under order 1- rule 3b code of civil procedure, 1908 by local
amendment?
 (a) State government
(b) The state of Madhya Pradesh through commissioner
(c) Collector of concern district
(d) Local body

83. As per order 11 rule 12 of CPC, an application for discovery of documents :- :

(a) May be filed by any party without filing any affidavit
(b) May be filed by any party with an affidavit
(c) Only plaintiff may file the application with affidavit
(d) Only defendant may file the application with affidavit

84. The judgment of the first appellate court shall be in writing and shall state:
(a) The points for determination
(b) The decision thereon
(c) The reasons for the decision
(d) All of these

85. The appellant does not appear when the appeal called on for hearing, in that circumstances which is correct of the
following statement:
(a) The court may make an order that the appeal be dismissed.
(b) The court shall dispose of the appeal on merits
(c) The court shall pass an order on merits after hearing the respondent
(d) All of these

86. Order means—

(a) The formal expression of any decision of a civil court which is not a decree
(b) The formal expression of any decision of a criminal court
(c) The formal expression of any decision
(d) None

87. According to which section this code is applicable to revenue Courts—

(a) Section 3
(b) Section 4
(c) Section 5
(d) Section 6

88. Section 6 provides—

(a) Presidency small cause courts
(b) Provincials small cause courts.
(c) Pecuniary Jurisdiction
(d) None

89. Section 8, provides—

(a) Presidency small cause courts
(b) Provential small cause courts
(c) Precuniary Jurisdiction
(d) None

90. Section 7, provides—

(a) Presidency small cause courts
(b) Provential small cause courts
(c) Precuniary Jurisdiction
(d) None

91. How many explanation are given in section 11-

(a) 4
(b) 3
(c) 8
(d) 10
92. According to section 15—
(a) Every suit shall be instituted in the Court of the lowest grade competent to try it.
(b) Suit shall be instituted in every part of same High court.
(c) Suit shall be instituted in the Court within the local limits of whose Jurisdiction the property is situate
(d) None of these.

93. Section 12, provides—

(a) Bar to further suit
(b) Presumption as to foreign Judgments
(c) Court in which suits to be instituted
(d) None of these

94. Section 16, provides—

(a) Suits to be instituted where subject matter situate.
(b) Court in which suits to be instituted
(c) Suits for immovable property situate within Jurisdiction of different courts.
(d) Suits for compensation for wrongs to person or movables.

95. A residing in Delhi, beats in Calcutta B, may sue A—

(a) In Delhi
(b) In Calcutta
(c) Either in Calcutta or in Delhi
(d) None of these

96. A residing in Delhi, publishes in Calcutta Statements defamatory of B. B. may sue A-

(a) In Delhi
(b) In Calcutta
(c) In Delhi or in Calcutta
(d) In Agra

97. Where several courts having Jurisdiction are Subordinate to same appellate Court an application for transfer shall
be made to-
(a) The High Court
(b) The Supreme Court
(c) The appellate Court
(d) All of these

98. All persons may be joined in one suit as plaintiffs, where—

(a) Any right to relief in respect of, or arising out of, the same act or transaction or series of acts or transaction is
alleged to exist in such person whether Jointly, Severally or in the alternative.
(b) If such persons bought separate suits, any common question of law or fact would arise.
(c) (a) or (b)
(d) None of these

99. Order 4, provides—

(a) Institution of suit
(b) Issue and service of summons
(c) Pleadings Generally
(d) None of these

100. Order 6. Provides—

(a) Institution of suit
(b) Issue and service of summons
(c) Pleadings Generally
(d) None of these
 ANSWER KEY

1. A
2. D
3. B
4. A
5. C
6. A
7. A
8. B
9. A
10. D
11. C
12. A
13. C
14. C
15. A
16. A
17. B
18. B
19. B
20. C
21. A
22. A
23. A
24. C
25. C
26. B
27. A
28. B
29. D
30. C
31. A
32. A
33. B
34. C
35. B
36. B
37. A
38. C
39. C
40. D
41. D
42. C
43. .
44. C
45. C
46. A
47. B
48. D
49. A
50. D
51. B
52. D
53. D
54. D
55. B
56. D
57. C
58. D
59. A
60. C
61. B
62. D
63. B
64. C
65. C
66. B
67. C
68. B
69. D
70. D
71. B
72. A
73. B
74. D
75. C
76. D
77. A
78. B
79. B
80. D
81. B
82. A
83. A
84. D
85. A
86. A
87. C
88. C
89. A
90. B
91. C
92. A
93. a
94. a
95. c
96. c
97. c
98. c
99. a
100.c
1. When a suit has been duly instituted, a summons may be issued to the defendant to appear and
answer the claim and to file the written statement of his defense, if any within form the date
service of summons on that defendant.
(a) Fifteen days
(b) Thirty days
(c) Fourteen days
(d) Severn days

2. Where the defendant fill the written statement within thirty days, he shall be allowed to file the
same on such other days as may be specified by the Court, for reasons to be recorded in writing
but which shall not be later than.......days from the date of service of summons.
(a) Ninety days
(b) Forty days
(c) Sixty days
(d) Seventy days

3. Where the defendant is as soldier, pr airman, the court shall send the summons for service to?
(a) His commanding officer
(b) His family member
(c) His father
(d) None of these

4. Every summons shall be accompanied by ..........copy of the plaint.

(a) No
(b) One
(c) Two
(d) Three

5. Where there are more defendants than one, service of the summons shall be made one—
(a) Any defendant
(b) Three defendants
(c) Each defendant
(d) All

6. Prison includes—
(a) Any place which has been declared by the state Government by general or special order, to be
a subsidiary jail
(b) Any reformatory, borstal institution or other institution of a like nature.
(c) Both (a) and (b)
(d) None of the suit.

7. Order 16 A provides—
(a) Summoning and attendance of witnesses
(b) Disposal of the suit at the first hearing
(c) Attendance of witness confined or detained in prisons.
(d) Hearing of the suit.

8. The award of costs under Order 20 A rule 2 shall be in accordance with such as the court make in
that behalf—
(a) Supreme
(b) High
(c) Civil
(d) Any

9. Order 21 a provides—
 (a) Costs
(b) Interest
(c) Execution
(d) Death

10. Order 20 provides—

(a) Judgment and decree
(b) Costs
(c) Execution
(d) None of these

11. Section 32 B, provides—

(a) Costs for causing delay
(b) Costs
(c) Compensatory costs
(d) None of these

12. The rule of constructive Res-judicata is—

(a) A product of judicial interpretation
(b) A rule of equity
(c) Contained expressly in the CPC
(d) A part of the Supreme Court rules

13. Which one of the following is a newly added ground for rejection of a plaint under order 7 rule 1
of CPC?
(a) Non-disclosure of cause of action
(b) Under valuation of relief claimed
(c) Barred by any law
(d) Plaint not filed in duplicate

14. An executing Court cannot determine the question relating to which of the following?
(a) Execution of decree
(b) Discharge of decree
(c) Satisfaction of decree
(d) Modification of decree

15. A person against whom summons has been issued may be compelled under section 32 of CPC to
attend by—
1. Issue of warrant
2. Attachment and also of his property
3. Imposing a fine
4. Ordering him to furnish security for his appearance.
Select the correct answer with the help of the code given below
Code: -
(a) 1 and 4
(b) 3 and 4
(c) 1, 2, 3, and 4
(d) 1 and 4

16. Where the local limits of jurisdiction of courts are uncertain, the place of institution of suits shall
be decided according to provision of?
(a) Section 17 of CPC
(b) Section 18 of CPC
(c) Section 19 of CPC
(d) Section 20 of CPC
17. In which of the following writs, the doctrine or res-judicata is not applicable.
(a) Certiorari
(b) Mandamus
(c) Quo Warranto
(d) Habeas Corpus

18. Section 153, provides-

(a) General power to amend
(b) Amendment of judgments, decrees or orders
(c) Saving of present right or appeal
(d) None of these

19. A decree can be—

(a) Preliminary
(b) Final
(c) First preliminary then final
(d) Either preliminary of final

20. Which definition is not given U/S 2?

(a) Signed
(b) Rules
(c) Share
(d) None

21. According to which section courts to try all civil suits unless barred—
(a) Section 9
(b) Section 10
(c) Section 11
(d) Section 12

22. Res judicata is given.

(a) U/S 9
(b) U/S 10
(c) U/S 11
(d) U/S 15

23. A suit in which the right to property or to an office is contested is a suit of—
(a) Civil Nature
(b) Criminal nature
(c) Revenue nature
(d) All

24. The Code of Civil procedure (Amendment) Act, 2002 came into force on-
(a) 1st April, 2002
(b) 1st June, 2002
(c) 6th June, 2002
(d) 1st July, 2002

25. The decree shall not include—

(a) Any adjudication from which an appeal lies as an appeal from an order.
(b) Any order of dismissal for default
(c) Both
(d) None of these

26. According to the code of civil procedure judge means—

 (a) The presiding officer of a Civil Court
(b) The presiding officer of a Criminal court
(c) The presiding officer of Revenue Court
(d) All of these

27. Which definition is not given u/s 2 of CPC?

(a) Foreign Court
(b) Government pleader
(c) India
(d) Indian court

28. Decree holder means a person—

(a) In whose favor a decree has been passed
(b) In whose favor an order ‘capable of execution has been made
(c) (a) or (b)
(d) Any person

29. Foreign Court means a court situate outside India and—

(a) Not established by the authority of the Central Government.
(b) Not continued by the authority of the Central Government
(c) (a) or (b)
(d) None of these

30. According to the Code of Civil procedure, movable property includes—

(a) Growing Gropes
(b) Timber
(c) Decree
(d) All

31. Public officer means a person falling under any of the following description, namely—
(a) Every judge so
(b) Every officer who holds any officer by virtue of which he is empowered to place or keep any
person in confinement.
(c) Every member of all confinement.
(d) All of these

32. Rules means rules and forms—

(a) Contained in the first schedule
(b) Made under section 122
(c) Made under section 125
(d) (a) or (b) or (c)

33. Under section 80 of Civil Procedure Code—

(a) Ninety days
(b) Sixty days
(c) Three months
(d) Two months
notice in writing is required be delivered before institution of a suit against Government.

34. Who among the following is not entitled to exemption from personal appearance in the Court
(a) Former Indian Ruler
(b) Chairman of the State Legislative Councils
(c) The Minister of States
(d) Collector
35. In a suit, which relates to a Railway the authority to be named as plaintiff or defendant shall be—
(a) General Manger of Railway
(b) A Secretary of the Central Government
(c) The Collector of the district
(d) The Station Master of the Railway

36. Section 89 provides—

(a) Settlement of dispute outside the Court.
(b) Power to state case for opinion of Court
(c) Public charities
(d) Exercise of powers of Advocate-General outside presidency towns

37. Section 90 provides—

(a) Settlement of disputes outside the court.
(b) Power to state case for opinion of court
(c) Public charities
(d) None

38. Section 91, provides—

(a) Settlement of disputes outside the court
(b) Power of state case for opinion of court
(c) Public nuisances and other wrongful acts affecting the public.
(d) None of these

39. Special proceedings are given—

(a) In part V
(b) In part VI
(c) In part IV
(d) In part II

40. Which is correct pair?

(a) Public charities—section 91 A
(b) Settlement of disputes outside the Court—Section 88
(c) Both A and b
(d) Public charities section 92

41. Who may exercise the powers of Advocate General outside presidency towns?
(a) Officer as the state Government may appoint in this behalf
(b) Collector
(c) (a) or (b)
(d) None of these

42. Which one of the following sections has been newly added by civil procedure code amendment
act 1999?
(a) Section 87
(b) Section 88
(c) Section 89
(d) Section 90

43. Supplemental proceedings are given in—

(a) Part VI
(b) Part V
(c) Part IV
(d) Part III
44. Compensation for obtaining arrest, attachment or injunction on insufficient grounds may be-
(a) Maximum Rs. three thousand
(b) Maximum Rs, fifty thousand
(c) Maximum Rs. eight thousand
(d) Maximum Rs. one Lakh

45. Which one of the following does not a place under the provisions of section 94, CPC relating the
supplemental proceedings?
(a) Arrest before Judgment
(b) Attachment before Judgment
(c) Temporary injunction
(d) Appointment of executors

46. Section 96, provides—

(a) Appeal from original decree
(b) Appeal from final decree where no appeal from preliminary decree
(c) Decision where appeal heard by two or more Judges.
(d) Second appeal

47. No appeal shall lie, except on a question of law, from a decree in any suit of the nature cognizable
by courts of small causes, when the amount or value of the subject matter of the original suit does
not exceed—
(a) Five thousand rupees
(b) Ten thousand rupees
(c) Twelve thousand rupees
(d) None

48. Section 97, provides—

(a) Appeal from final decree where no appeal from preliminary decree
(b) Decision where appeal heard by two or more Judges
(c) Second appeal
(d) No further appeal in certain cases

49. Second appeal shall lie only on grounds mentioned in—

(a) Section 96
(b) Section 100
(c) Section 103
(d) Section 104

50. No second appeal shall lie from any decree, when the subject matter of the original suit is recover
of money not exceeding—
(a) Twenty-five thousand rupees
(b) Twenty-five hundred rupees
(c) Twenty-one hundred rupees
(d) Ten thousand rupees

51. An appeal shall lie from following orders-

(a) An order under section 35A
(b) An order under section 95
(c) An order under section 92
(d) All of these

52. The provisions relating to appeals from original decree shall, so far as may be apply to appeals-
(a) From appellate decrees
 (b) From orders made under this Code
(c) Both (a) and (b)
(d) None of these

53. Subject to such conditions and limitations as may be prescribed, an appellate Court shall have
power—
(a) To determine a case finally
(b) To frame issues and refer them for trial
(c) To remand a case
(d) All of these

54. Section 104 provides—

(a) Orders from which appeal lies
(b) Power of High Court to determine issues of fact
(c) No second appeal in certain cases
(d) Second appeal on no other grounds

55. Which one of the following is not included in the powers of the appellate Court?
(a) To determine the case finally
(b) To try the case de novo
(c) To remand the case
(d) To take additional evidence

56. No appeal shall lie from a decree passed by the Court with the consent of parties it is provided in-
(a) Section 96 (1) CPC
(b) Section 96 (2) CPC
(c) Section 96 (3) CPC
(d) Section 96 (4) CPC

57. Power of High Court to determine issues of fact is provided—

(a) Under section 101
(b) Under section 102
(c) Under section 103
(d) Under section 104

58. Section 100 A, provides-

(a) No further appeal in certain cases
(b) Second appeal on no other ground
(c) Power of High Court to determine issues of fact
(d) Orders from which appeal lies

59. An appeal shall lie from following orders—

(a) An order under Rule 21 of order 21
(b) An order under Rule 34 of order 21 or an objection to the draft of a document or of an
endorsement.
(c) An order under Rule 72°or Rule 92 of order 21 setting aside or refusing to set-aside a sale
(d) All of these

60. Order 42, provides—

(a) Appeals from appellate decrees
(b) Appeal from orders
(c) Appeals by indigent persons
(d) Appeals to the Supreme Court

61. Order 43, provides—

 (a) Appeals from appellate decrees
(b) Appeals from orders
(c) Appeals by indigent person
(d) Appeals to the Supreme Court

62. Section 113, provides—

(a) Reference
(b) Review
(c) Revision
(d) None

63. Reference is given in-

(a) Section 115
(b) Section 114
(c) Section 116
(d) Section 117

64. Review is given is—

(a) Section 114
(b) Section 115
(c) Section 113
(d) Section 112

65. The High Court may call for the record of any case which has been decided by any Court
subordinate to such High Court and in which no appeal lies there to, and if such subordinate Court
appears—
(a) To have exercised a jurisdiction not vested in it by law
(b) To have failed to exercise a jurisdiction so vested
(c) To have acted in the exercise of its jurisdiction, illegally with material irregularity
(d) All of these

66. Grounds for review are—

(a) By a decree or order from which an appeal is allowed by this Code, but from which no appeal
has been preferred
(b) By a decree or order from which no appeal is allowed by this Code
(c) By a decision on a reference from a Court of small causes
(d) All of these

67. Civil Procedure Code (U.P. Amendment) Ordinance, 2003 relates to—
(a) Section 105 CPC
(b) Section 103 CPC
(c) Section 115 CPC
(d) Section 100 CPC

68. Rules are given—

(a) In part X
(b) In part XII
(c) In part Xl
(d) In part XIV

69. Committee u/s 123 shall consist of following persons—

(a) A judge of a civil court subordinate to the High Court.
(b) Two legal practitioners enrolled in that court.
(c) Three judges of the High Court established at the town at which such committee is
constituted.
 (d) All of these.

70. Which court may make rules under section 122 of CPC?
(a) High Courts
(b) Judicial Commissioner
(c) High court not being the court of a judicial commissioner
(d) None of these

71. Unauthorized person not to address court this is given is section—

(a) 119
(b) 120
(c) 121
(d) 122

72. Every rule committee shall make a report to the—

(a) Supreme Court
(b) High Court
(c) Central Government
(d) None of these

73. Section 132, provides-

(a) Exemption of certain women from personal appearance
(b) Exemption of other cases
(c) Arrest other than in execution of a decree
(d) Exemption from arrest under civil process

74. Section 135, provides—

(a) Exemption from arrest under civil process
(b) Arrest other than in execution of decree
(c) Procedure where person to be arrested or property to be attached is outside district
(d) Language of subordinate Courts

75. Section 137, provides-

(a) Language of subordinate Courts
(b) Power of High Court to require evidence to be require in English
(c) Oath on affidavit by whom to be administered
(d) None of these

76. In the case of any affidavit under this Code………may administer the oath to the deponent.
(a) Any Court or Magistrate
(b) Any Notary appointed under the Notaries Act, 1952
(c) Any officer or other person whom a High Court may appoint in this behalf
(d) All of these

77. Where any period is fixed or granted by the Court for the doing of any act prescribed, the Court
may, in the discretion from time to time, enlarge such period not exceeding ...... even though the
period originally fixed or granted may have expired.
(a) Thirty days
(b) Fifteen days
(c) Ninety days
(d) None

78. Right to lodge a caveat is provided—

(a) u/s 148A
 (b) u/s 149
(c) u/s 150
(d) None of these

79. Section 144, provides—

(a) Application for restitution
(b) Enforcement of liability of surety
(c) Proceedings by or against representatives
(d) Power to make up deficiency of Court fees

80. Section 152, provides—

(a) General power to amend
(b) Amendment of judgments, decrees or orders
(c) Saving of present right or appeal
(d) Continuance of orders under repealed enactments

81. Documents which are meant for cross-examination of a witness of the other party may be
produced:
(a) Till settlement of issues
(b) After settlement of issues
(c) Any time when required
(d) Along with pleadings

82. Where the appellant has withdrawn the appeal preferred against a decree ex parte, the application
under o. 9 r. 13 shall be:
(a) Rejected
(b) Returned
(c) Maintained
(d) Referred for opinion of appellate court

83. Under which provision of the code, an indigent can file a suit?
(a) Order 33 rule 1
(b) Order 33 rule 2
(c) Order 33 rule 4
(d) Order 33 rule 5

84. The doctrine of res judicata as contained in s. 11, is based on the maxim:
(a) Nemo debet bis vexari pro unaeadem causa
(b) Interest reipublicae ut sit finis litiuum
(c) Lex non cogit ad impassibilia
(d) Executio juris non habet injuriam

85. A court may not frame issues on the basis of allegations/contents made by the parties,
(a) In pleadings
(b) On oath
(c) In applications
(d) In documents

86. Which provision of the code deals with joiner of causes of action?
(a) Order 2 rule 3
(b) Order 2 rule 2
(c) Order 2 rule 1
(d) Order 1 rule 2

87. Inter—pleader suit is a suit:

 (a) Between two advocates
(b) Between union govt. Pleader and state govt. Pleader
(c) Instituted by a person who has no interest in the subject matter
(d) Instituted by a person who has interest in the subject matter

88. Which of the following cannot be decided by an alternate dispute resolution (ADR)?
(a) The suit of civil nature, subject matter of which is an immovable property
(b) The suit of civil nature for recovery of money
(c) The suit of civil nature filed under Hindu marriage act
(d) A criminal case which is of non-compoundable nature

89. Where the plaint is not filed in duplicate, the plaint may be:
(a) Returned by the court
(b) Rejected by the court
(c) Dismissed by the court
(d) Admitted by the court

90. In which of the following case commission under order 26 CPC cannot be issued?
(a) To examine witnesses
(b) For local investigations
(c) For scientific investigation
(d) For appointment of receiver

91. In a suit against the state government, who may sign the plaint on behalf of the government?
(a) Governor of the state
(b) Chief minister of the state.
(c) Chief secretary of the state
(d) A person who by a general! Or special order appointed in this behalf by the government.

92. No order for detention of the judgment debtor in civil prison in execution of a decree for the
payment of money shall be made where the total amount of the decree does not exceed $.
(a) Five hundred rupees
(b) One thousand rupees
(c) Two thousand rupees
(d) Five thousand rupees\

93. According to order viii rule 1 the defendant shall file the written statement of his defense within:
(a) 30 days
(b) 45 days
(c) 60 days
(d) 90 days

94. In second appeal the reappreciation of evidence is:

(a) Permissible
(b) Subject of revision
(c) Not permissible
(d) None of these

95. Temporary injunction may be granted:

(a) To restrain any election
(b) To restrain dispossession from property
(c) To restrain any intended disciplinary action against public servant
(d) In all the above circumstances

96. Where may suit for partition of immovable property be instituted?

 (a) Where subject matter or property is situated
(b) Where defendant actually and voluntarily resides
(c) Where defendant carries on business
(d) Where defendant works for gain

97. Under which of the following circumstances, review of judgment may not lie?
(a) By a decree or order from which an appeal is allowed by this code, but from which no appeal
has been preferred
(b) By a decree or order from which no appeal is allowed by this code
(c) By a decision on a reference from a court a small cause
(d) Appeal dismissed

98. In which one of the following cases, the court may not issue a commission?
(a) For execution of a decree
(b) To examine any person
(c) To make a partition
(d) To hold a scientific, technical or expert investigation

99. Under CPC 1908, on death of either parties to the suit after conclusion of hearing and
pronouncement of judgment, the suit -
(a) Shall abate
(b) Shall not abate
(c) May abate with the permission of court
(d) None of the above

100. Under CPC 1908, if the court finds at any stage that it has no pecuniary jurisdiction with
respect to the subject matter of the suit, it will
(a) Dismiss the suit
(b) Proceed with the suit
(c) Amend the suit
(d) Return the suit
 ANSWER KEY

1. B
2. A
3. A
4. B
5. C
6. C
7. C
8. B
9. A
10. A
11. A
12. C
13. D
14. D
15. C
16. B
17. D
18. A
19. D
20. D
21. A
22. C
23. A
24. D
25. C
26. A
27. D
28. C
29. C
30. A
31. D
32. D
33. B
34. D
35. A
36. A
37. B
38. C
39. A
40. D
41. C
42. C
43. A
44. B
45. D
46. A
47. B
48. A
49. B
50. A
51. D
52. C
53. D
54. A
55. B
56. C
57. C
58. A
59. D
60. A
61. B
62. A
63. A
64. A
65. D
66. D
67. C
68. A
69. D
70. C
71. A
72. B
73. A
74. A
75. A
76. D
77. A
78. A
79. A
80. B
81. C
82. C
83. A
84. B
85. C
86. A
87. C
88. D
89. B
90. D
91. D
92. C
93. A
94. C
95. B
96. A
97. D
98. A
99. B

100.D
1. 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).

2. 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).
3. 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).

4. 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.

5. Civil Procedure Code provides for

(a) Temporary injunction
(b) Permanent injunction
(c) Mandatory injunction
(d) All the above.

6. 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.

7. 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.

8. A temporary injunction can be granted to a party establishing

(a) A prima facie case in his favor
(b) Balance of convenience in his favor
(c) Irreparable injury to him in the event of non-grant of injunction
(d) All the above.

9. 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.

10. 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.

11. Under Order XXXIX, Rule 2A, a person guilty of disobedience or breach can be penalized by
(a) Attachment of property
(b) Detention in civil imprisonment
(c) Either (a) or (b) or both
(d) Only (a) & not (b).

12. 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.

13. 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.

14. An application for grant of temporary injunction shall be decided, in cases of grant of ex parte
temporary injunction, as provided under Order XXXIX, Rule 3A of CPC, within
(a) Thirty days
(b) Forty five days
(c) Sixty days
(d) Ninety days

15. 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.

16. Appointment of receiver has been dealt with

(a) Under Order XIIV
(b) Under Order XIII
(c) Under Order XI
(d) Under Order XIV.

17. 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).

18. 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.
19. 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).

20. 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).

21. Appointment of a receiver

(a) Can be claimed as a matter of right
(b) Is mandatory
(c) Is discretionary
(d) Is prohibitory.
22. 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.

23. 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).

24. 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).

25. 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).

26. 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).

27. 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.
28. 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).

29. A suit through ‘next friend’ can be filed by

(a) A minor
(b) A lunatic
(c) Both (a) & (b)
(d) Only (b) & not (a).

30. ‘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.

31. ‘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.

32. 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.

33. 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.

34. Provisions relating to suit by or against a minor, are contained in -

(a) Order XXXII of CPC
(b) Order XXXII of CPC
(c) Order XXXI of CPC
(d) Order XXXIV of CPC.
35. 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).

36. 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).
37. 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.

38. 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

39. 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

40. 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.

41. Provisions relating to suits by indigent persons are contained in

(a) Order XXXII of CPC
(b) Order XXXII of CPC
(c) Order XXXIV of CPC
(d) Order XXXV of CPC.

42. 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.

43. Application for permission to sue as a pauper is to be presented by

(a) Person himself
(b) An authorized agent
(c) Either (a) or (b)
(d) Only (a) & not (b).

44. 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.
45. 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).

46. 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).

47. 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.

48. If a pauper suit abates on the death of the plaintiff, under Order XXXII, 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).

49. 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

50. In case the application for permission to sue as pauper is rejected, the suit is deemed to have been
instituted, under Order XXXII, 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.

51. 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.

52. 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.

53. 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.

54. 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.

55. A suit under Order XXXVII cannot be filed. On the basis of

(a) An enactment
(b) A guarantee
(c) Both (a) and (b)
(d) Neither (a) nor (b).

56. 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).

57. 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).

58. 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 XXXVI, Rule 4 of CPC
(c) Under Order XXXVII, Rule 7 of CPC
(d) Either (a) or (b) or (c).

59. 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-parte 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.

60. 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).

61. 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).

62. 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.

63. 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.

64. A leave to defend may be

(a) Refused
(b) Granted unconditionally
(c) Granted conditionally
(d) Either (a) or (b) or (c).

65. 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).

66. Under Order XXXVII, Rule 3 of CPC the delay up to

(a) 10 days is condonable
(b) 30 days is condonable
(c) 90 days is condonable
(d) No limit has been prescribed.

67. 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).

68. 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.
69. Right to appeal is
(a) Statutory right
(b) Natural right
(c) Inherent right
(d) All the above.

70. 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.
71. Right to appeal from every original 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.

72. 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.

73. 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.

74. 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

75. 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)

76. Grounds for review have been provided under

(a) Order XLVII, Rule 1 of CPC
(b) Order XLII, Rule 1 of CPC
(c) Order XLII, Rule 1 of CPC
(d) Order XLIV, Rule 1 of CPC.

77. 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) & (b)
(d) Neither (a) nor (b).

78. 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).

79. 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).
80. 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).

81. 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)

82. 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.

83. 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.

84. 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)

85. 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
86. 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.

87. 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 up to a maximum period of 14 days from the date of order, if no time is limited
(b) Can be extended up to 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.

88. 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 along with 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.

89. 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.

90. Where a plaintiff fails to present the required copy/copies of the plaint along with 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).

91. A defendant is required to file a written statement of his defense within 30 days from the date of service
of summons as provided under
(a) Order V, Rule 1 of CPC
(b) Order VII, Rule 1 of CPC
(c) Order VIII, Rule 10 of CPC
(d) All the above.

92. 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
(c) 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.

93. 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.

94. 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.

95. Where a defendant has not filed a document/documents along with 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).
96. 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 from the date of the order
(d) 7 days from the date of the order.

97. 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 3 of CPC
(d) Either (a) or (b) or (c).

98. A fresh suit on the same cause of action is not barred when
(a) Rejected under Order VII, Rule 11 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).

99. A plea of ‘demurrer’ means that

(a) The suit is barred by law for the time being in force under Order VIL, Rule 11(d) of CPC
(b) The suit is barred, the plaint being not supported by the affidavit as required under Order VI, Rule
15 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.

100. 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.
 ANSWER KEY

1. C
2. A
3. C
4. D
5. A
6. A
7. B
8. D
9. A
10. A
11. C
12. B
13. C
14. A
15. A
16. C
17. C
18. A
19. B
20. A
21. C
22. B
23. B
24. C
25. C
26. D
27. A
28. C
29. C
30. D
31. A
32. A
33. D
34. B
35. A
36. B
37. B
38. C
39. B
40. D
41. B
42. A
43. C
44. A
45. C
46. C
47. C
48. B
49. A
50. C
51. D
52. B
53. D
54. D
55. C
56. C
57. B
58. B
59. C
60. A
61. C
62. A
63. C
64. D
65. B
66. D
67. C
68. D
69. A
70. B
71. C
72. C
73. A
74. D
75. B
76. A
77. C
78. A
79. D
80. C
81. B
82. A
83. B
84. C
85. C
86. A
87. A
88. A
89. C
90. A
91. C
92. A
93. C
94. B
95. B
96. A
97. A
98. D
99. C
100. B
1. 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 finality 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 the 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

2. 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).

3. 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 Nadu 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

4. In which of the following cases the Supreme Court held that “Non-payment of costs does
not entail dismissal of suit.”
(a) Suman v. State, AIR 2010 SC 518
(b) Manohar Singh v. D.S. Sharma, AIR 2010 SC 508
(c) Union of India v. Deepak Kumar, AIR 2010 SC 462
(d) State of Maharashtra v. Prakas Prahali Patil, AIR 2010 SC 463.

5. 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

6. 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 SC 2587
(c) Bimlesh v. New India Assuarance Co. Ltd. AIR 2010 SC 2591
(d) Dasrath v. State of Madhya Pradesh, AIR 2010 SC 2592.
7. The Supreme Court of India has laid down the law relating to alternative dispute resolution
processes and section 89 of the code of civil procedure in the case of:
(a) dinesh kumar v. Yusuf ali
(b) afcon infrastructure ltd. Vs. Cherian varkey construction co.
(c) bimlesh v. New India assurance co.
(d) standard chartered bank v, v. Noble kumar

8. Which of the following is not as case on res-judicata?

(a) Duches of Kingston case
(b) Chajju Ram V. Neki
(c) Munni Bibi V. Trilok Nath
(d) Byram pestonji Kariwala V. Union of India

9. In which of the following cases it was held that “Inherent power has not been conferred on
a Court, it is a power inherent in the Court.”
(a) Manohar La! V. Seth Hiralal
(b) Cotton Corporation of India V. United Industrial Bank
(c) Satyabrat Biswas V. Kalyan Kumar Kishu
(d) Rajani Bai V. Kamla Devi

10. In which case did the Supreme Court hold that 'no relief can be granted to a party unless
the other party is given an opportunity to present its case'?
a) B.K. Narayana Pillai v. Parameswaran Pillai
b) Dhulabhai v. State of Madhya Pradesh
c) State of Punjab v. Amar Singh Harika
d) Satyadhyan Ghosal v. Smt. Deorajin Debi

11. The principle of 'res judicata' as enunciated in Section 11 of the CPC was elaborated in
which case?
a) M.S.M. Sharma v. Shree Krishna Sinha
b) Syed Mohd. Salie Labbai v. Mohd. Hanifa
c) Daryao v. State of UP
d) Gulabchand Chhotalal Parikh v. State of Gujarat

12. In which case did the Supreme Court observe that 'a decree passed in violation of an
injunction is not void, but is voidable'?
a) Ramesh Chandra Sankla v. Vikram Cement
b) Dwarka Prasad Agarwal v. B.D. Agarwal
c) U.O.I v. West Coast Paper Mills Ltd.
d) Zila Parishad, Muzaffarnagar v. Harish Chandra

13. Which case laid down the test for determining the 'forum convenience' in a suit?
a) Kusum Ingots & Alloys Ltd. v. Union of India
b) Modi Entertainment Network v. W.S.G. Cricket Pte. Ltd.
c) A.B.C. Laminart Pvt. Ltd. v. A.P. Agencies
d) Oil and Natural Gas Commission v. Western Co. of North America

14. In which case did the Supreme Court hold that 'mere wrong decision without anything
more is not enough to attract Article 136'?
a) State of Gujarat v. Shantilal Mangaldas
b) Chandra Kanta v. Sheikh Habib
c) Surya Dev Rai v. Ram Chander Rai
d) Daryao v. State of UP

15. Which case is associated with the principle of 'constructive res judicata' under Section 11 of
the CPC?
a) M.S.M. Sharma v. Shree Krishna Sinha
b) Syed Mohd. Salie Labbai v. Mohd. Hanifa
c) Daryao v. State of UP
d) Gulabchand Chhotalal Parikh v. State of Gujarat

16. The 'doctrine of election' under Order 2 Rule 2 of the CPC was discussed in which case?
a) Bonda Amman Sannadhi v. J. Bheema Rao
b) Alka Gupta v. Narender Kumar Gupta
c) Liverpool & London S.P. & I Association Ltd. v. M.V. Sea Success I
d) Santosh Hazari v. Purushottam Tiwari

17. Which case dealt with the application of the principle of 'res judicata' to writ petitions?
a) Amalgamated Coalfields Ltd. v. Janapada Sabha, Chhindwara
b) Mathura Prasad v. Dossibai N.B. Jeejeebhoy
c) Bhanushankar L. Dave v. L.D. Zaveri
d) Gulabchand Chhotalal Parikh v. State of Gujarat

18. In which case did the Supreme Court hold that 'an ex parte decree passed without serving
summons on the defendant is a nullity'?
a) Basant Singh v. Roman Catholic Mission
b) Nandlal v. M/s. P. Lal & Co.
c) Banwari Lal v. Smt. Chando Devi
d) Neelam Kumar v. Dayal Singh

19. Which case discussed the extent of the power of the appellate court under Section 100 of
the CPC?
a) Chandra Kanta v. Sheikh Habib
b) Santosh Hazari v. Purushottam Tiwari
c) Hero Vinoth v. Seshammal
d) Daryao v. State of UP

20. The principle of 'non-interference by the High Court in interlocutory orders' was discussed
in which case?
a) Amar Nath v. State of Haryana
b) Girish Chandra Sinha v. State of Bihar
c) Surya Dev Rai v. Ram Chander Rai
d) Kishore Samrite v. State of UP

21. In which case did the Supreme Court clarify the concept of 'sufficient cause' under Order 9
Rule 13 of the CPC?
a) G.P. Srivastava v. R.K. Raizada
b) Ramji Dayawala & Sons v. Invest Import
c) Rajni Kumar v. Suresh Kumar Malhotra
d) N. Balakrishnan v. M. Krishnamurthy
22. Which case is significant for understanding the application of Order 21 Rule 58 of the CPC
regarding the adjudication of claims to attached property?
a) Ashan Devi v. Phulwasi Devi
b) B. Gangadhar v. B.G. Rajalingam
c) Desh Bandhu Gupta v. N.L. Anand & Rajinder Singh
d) Kancherla Lakshminarayana v. Matam Setty Satyanarayana

23. The Supreme Court's interpretation of Order 6 Rule 17 regarding the amendment of
pleadings was laid down in which case?
a) B.K. Narayana Pillai v. Parameswaran Pillai
b) Baldev Singh v. Manohar Singh
c) Usha Devi v. Rijwan Ahmad
d) Revajeetu Builders & Developers v. Narayanaswamy & Sons

24. Which case dealt with the jurisdiction of civil courts under Section 9 of the CPC?
a) Dhulabhai v. State of Madhya Pradesh
b) Kamala Mills Ltd. v. State of Bombay
c) N. P. Ponnuswami v. Returning Officer
d) Premier Automobiles Ltd. v. Kamlekar Shantaram Wadke

25. In which case did the Supreme Court hold that 'a plaint cannot be rejected in part under
Order 7 Rule 11'?
a) T. Arivandandam v. T.V. Satyapal
b) Sopan Sukhdeo Sable v. Assistant Charity Commissioner
c) Mayar (H.K.) Ltd. v. Owners & Parties
d) Popat and Kotecha Property v. SBI Staff Association

26. Which case addressed the issue of maintainability of a suit for injunction to restrain the
defendant from filing a complaint under the Negotiable Instruments Act?
a) Tata Iron & Steel Co. Ltd. v. Rajarambapu Patil
b) M. Gurudas v. Rasaranjan
c) K. K. Modi v. K. N. Modi
d) B.P. Achala Anand v. S. Appi Reddy

27. In which case did the Supreme Court state that 'the principle of estoppel cannot be invoked
to defeat the provisions of law'?
a) Union of India v. Pramod Gupta
b) Ashok Kapil v. Sana Ullah
c) Ramesh Hiranand Kundanmal v. Municipal Corporation of Greater Bombay
d) Swamy Atmananda v. Sri Ramakrishna Tapovanam

28. Which case laid down that 'limitation for filing a written statement is not mandatory but
directory'?
a) Kailash v. Nanhku
b) Salem Advocate Bar Association v. Union of India
c) Aditya Kumar Singh v. Union of India
d) Desh Bandhu Gupta v. N.L. Anand & Rajinder Singh

29. In which case did the Supreme Court hold that 'the inherent powers of the court under
Section 151 CPC cannot be invoked to override the express provisions of the CPC'?
a) Ram Chand v. Anr. v. Union of India
b) Nahar Industrial Enterprises Ltd. v. Hong Kong and Shanghai Banking Corporation
c) Manohar Lal Chopra v. Rai Bahadur Rao Raja Seth Hiralal
d) Arjun Singh v. Mohindra Kumar

30. Which case dealt with the interpretation of Order 22 Rule 10 regarding the continuation of
a suit after the death of a party?
a) Dhurandhar Prasad Singh v. Jai Prakash University
b) Surinder Kumar v. Gian Chand
c) Union of India v. Rajdhani Grains & Jaggery Exchange Ltd.
d) Banwari Lal v. Smt. Chando Devi

31. In which case did the Supreme Court discuss the effect of non-joinder of necessary parties
under Order 1 Rule 10?
a) Razia Begum v. Sahebzadi Anwar Begum
b) Benares Bank Ltd. v. Bhagwan Das
c) Kiran Tandon v. Allahabad Development Authority
d) T. R. Mohan v. Manohar Hiralal Chhabda

32. Which case is associated with the doctrine of 'lis pendens' under Section 52 of the Transfer
of Property Act?
a) Jayaram Mudaliar v. Ayyaswami
b) Guruswamy Nadar v. P. Lakshmi Ammal
c) R. Viswanathan v. Rukn-ul-Mulk Syed Abdul Wajid
d) Lachhman Dass v. Jagat Ram

33. In which case did the Supreme Court hold that 'an ex parte decree can be set aside if the
defendant shows that summons was not duly served'?
a) G.P. Srivastava v. R.K. Raizada
b) Neelam Kumar v. Dayal Singh
c) M.K. Prasad v. P. Arumugam
d) Sudhir G. Angur v. M. Sanjeev

34. Which case dealt with the scope of Order 9 Rule 13 and the concept of 'sufficient cause' for
setting aside an ex parte decree?
a) Sushil Kumar Sabharwal v. Gurpreet Singh
b) Parimal v. Veena
c) Sangram Singh v. Election Tribunal
d) Mahesh Yadav v. Rajeshwar Singh

35. In which case did the Supreme Court discuss the applicability of Section 10 regarding stay
of suit?
a) Indian Bank v. Maharashtra State Cooperative Marketing Federation Ltd.
b) State of Orissa v. Madan Gopal Rungta
c) National Institute of Mental Health & Neuro Sciences v. C. Parameshwara
d) Aspi Jal v. Khushroo Rustom Dadyburjor

36. Which case is significant for understanding the applicability of Order 14 Rule 1 regarding
framing of issues?
a) Maj. S.S. Khanna v. Brig. F.J. Dillon
b) Satyadhyan Ghosal v. Smt. Deorajin Debi
c) Rajasthan State Road Transport Corporation v. Zakir Hussain
d) Laxmidas Dayabhai Kabrawala v. Nanabhai Chunilal Kabrawala

37. In which case did the Supreme Court hold that 'a preliminary decree can be challenged in an
appeal against the final decree'?
a) Narayan Chandra Ghosh v. Suresh Chandra Ghosh
b) Phool Chand v. Gopal Lal
c) Vinod Kumar Singh v. Banaras Hindu University
d) Arjun Singh v. Mohindra Kumar

38. Which case dealt with the powers of the appellate court under Section 96 regarding first
appeals?
a) Ramesh Chand Ardawatiya v. Anil Panjwani
b) Union of India v. Ibrahim Uddin
c) Madhukar v. Sangram
d) Kishore Samrite v. State of UP

39. In which case did the Supreme Court clarify the scope of Order 23 Rule 3A regarding the
bar on suits challenging compromises?
a) Pushpa Devi Bhagat v. Rajinder Singh
b) Banwari Lal v. Smt. Chando Devi
c) Byram Pestonji Gariwala v. Union Bank of India
d) Ram Lal v. Piara Lal

40. In which case did the Supreme Court hold that 'a civil court has the jurisdiction to try all suits of a
civil nature unless their cognizance is expressly or impliedly barred'?
a) Dhulabhai v. State of Madhya Pradesh
b) Premier Automobiles Ltd. v. Kamlekar Shantaram Wadke
c) S.P. Sampath Kumar v. Union of India
d) Firm Seth Radha Kishan v. Administrator Municipal Committee

41. Which case clarified that 'an application for setting aside an ex parte decree under Order 9 Rule 13
should be decided on merits'?
a) Mahesh Yadav v. Rajeshwar Singh
b) Parimal v. Veena
c) Sushil Kumar Sabharwal v. Gurpreet Singh
d) M.K. Prasad v. P. Arumugam

42. In which case did the Supreme Court discuss the applicability of Section 80 regarding notice to
government before filing a suit?
a) Bihari Chowdhary v. State of Bihar
b) Amar Nath Dogra v. Union of India
c) Ghanshyam Dass v. Dominion of India
d) State of Punjab v. Geeta Iron & Brass Works Ltd.

43. Which case is associated with the principle that 'no court shall proceed with the trial of any suit in
which the matter in issue is also directly and substantially in issue in a previously instituted suit'?
a) Indian Bank v. Maharashtra State Cooperative Marketing Federation Ltd.
b) Aspi Jal v. Khushroo Rustom Dadyburjor
c) National Institute of Mental Health & Neuro Sciences v. C. Parameshwara
d) Amrendra Narayan v. State of Bihar
44. In which case did the Supreme Court hold that 'a suit for possession and mesne profits can be
combined'?
a) Vinod Kumar Singh v. Banaras Hindu University
b) Narayan Chandra Ghosh v. Suresh Chandra Ghosh
c) Phool Chand v. Gopal Lal
d) Deva Ram v. Ishwar Chand

45. Which case dealt with the powers of the High Court under Section 115 regarding revisions?
a) Bhanwar Lal v. Satyanarain
b) Shiv Shakti Coop. Housing Society v. Swaraj Developers
c) Surya Dev Rai v. Ram Chander Rai
d) Kishore Samrite v. State of UP

46. In which case did the Supreme Court discuss the applicability of Order 21 Rule 97 regarding the
removal of obstructions and resistance to the execution of a decree?
a) Silverline Forum Pvt. Ltd. v. Rajiv Trust
b) Babu Lal v. Raj Kumar
c) Brahmdeo Chaudhary v. Rishikesh Prasad Jaiswal
d) Shreenath v. Rajesh

47. Which case clarified the powers of the appellate court under Section 107 regarding additional
evidence?
a) Union of India v. Ibrahim Uddin
b) Hero Vinoth v. Seshammal
c) Rajasthan State Road Transport Corporation v. Zakir Hussain
d) Laxmidas Dayabhai Kabrawala v. Nanabhai Chunilal Kabrawala

48. In which case did the Supreme Court hold that 'a compromise decree cannot be challenged in a
separate suit under Order 23 Rule 3A'?
a) Pushpa Devi Bhagat v. Rajinder Singh
b) Banwari Lal v. Smt. Chando Devi
c) Byram Pestonji Gariwala v. Union Bank of India
d) Ram Lal v. Piara Lal

49. Which case discussed the principle of 'audi alteram partem' and the importance of hearing both
sides before passing an order?
a) Maneka Gandhi v. Union of India
b) A.K. Kraipak v. Union of India
c) S.L. Kapoor v. Jagmohan
d) Mohinder Singh Gill v. Chief Election Commissioner
 ANSWER KEY
1. C
2. C
3. A
4. B
5. D
6. A
7. B
8. B
9. A
10. a) B.K. Narayana Pillai v. Parameswaran Pillai
11. d) Gulabchand Chhotalal Parikh v. State of Gujarat
12. b) Dwarka Prasad Agarwal v. B.D. Agarwal
13. c) A.B.C. Laminart Pvt. Ltd. v. A.P. Agencies
14. b) Chandra Kanta v. Sheikh Habib
15. b) Syed Mohd. Salie Labbai v. Mohd. Hanifa
16. b) Alka Gupta v. Narender Kumar Gupta
17. d) Gulabchand Chhotalal Parikh v. State of Gujarat
18. a) Basant Singh v. Roman Catholic Mission
19. c) Hero Vinoth v. Seshammal
20. c) Surya Dev Rai v. Ram Chander Rai
21. a) G.P. Srivastava v. R.K. Raizada
22. d) Kancherla Lakshminarayana v. Matam Setty Satyanarayana
23. d) Revajeetu Builders & Developers v. Narayanaswamy & Sons
24. a) Dhulabhai v. State of Madhya Pradesh
25. d) Popat and Kotecha Property v. SBI Staff Association
26. c) K. K. Modi v. K. N. Modi
27. b) Ashok Kapil v. Sana Ullah
28. a) Kailash v. Nanhku
29. c) Manohar Lal Chopra v. Rai Bahadur Rao Raja Seth Hiralal
30. a) Dhurandhar Prasad Singh v. Jai Prakash University
31. c) Kiran Tandon v. Allahabad Development Authority
32. a) Jayaram Mudaliar v. Ayyaswami
33. b) Neelam Kumar v. Dayal Singh
34. b) Parimal v. Veena
35. c) National Institute of Mental Health & Neuro Sciences v. C. Parameshwara
36. a) Maj. S.S. Khanna v. Brig. F.J. Dillon
37. b) Phool Chand v. Gopal Lal
38. a) Ramesh Chand Ardawatiya v. Anil Panjwani
39. a) Pushpa Devi Bhagat v. Rajinder Singh
40. a) Dhulabhai v. State of Madhya Pradesh
41. b) Parimal v. Veena
42. c) Ghanshyam Dass v. Dominion of India
43. a) Indian Bank v. Maharashtra State Cooperative Marketing Federation Ltd.
44. d) Deva Ram v. Ishwar Chand
45. c) Surya Dev Rai v. Ram Chander Rai
46. a) Silverline Forum Pvt. Ltd. v. Rajiv Trust
47. a) Union of India v. Ibrahim Uddin
48. a) Pushpa Devi Bhagat v. Rajinder Singh
49. c) S.L. Kapoor v. Jagmohan
 SECTION MANIAC

1. The provisions relating to mesne profits are provided in which section

of Civil Procedure Code, 1908?
a. Section 2 (10)
b. Section 2 (12)
c. Section 2 14)
d. Section 2 (16)

2. Bee holder’ means any person in whose favor a decree has been passed
or an order capable of execution has been made. This definition of the
term ‘decree holder’ is mentioned under:
a. Section-2 (2), CPC
b. Section-2 (3), CPC
c. Section-2 (4), CPC
d. Section-2 (d), CPC

3. In which Section of the Civil Procedure Code provision relating to “suit

of a civil nature” has been provided?
a. Section 8
b. Section 9
c. Section 10
d. Section 11

4. Courts have jurisdiction to try all suits of a civil nature except suits, the
cognizance of which is either expressly or impliedly barred, by virtue of:
a. Section 7 of the CPC
b. Section 8 of the CPC
c. Section 9 of the CPC
d. Section 6 of the CPC
 SECTION MANIAC

5. Under which Section of Code of Civil Procedure provisions relating to

"Principle of Res Judicata” has been provided?
a. Section 11
b. Section 10
c. Section 12
d. Section 13

6. Which of the following sections of the Code of Civil Procedure stipulate

the provision for ‘the place of institution of suit where local limit of
jurisdiction of Courts are uncertain’?
a. Section 18
b. Section 21
c. Section 24
d. Section 27

7. Where the local limits of jurisdiction of courts are uncertain, the place of
institution of suit shall be decided according to:
a. Section 17 of CPC
b. Section 18 of CPC
c. Section 19 of CPC
d. Section 20 of CPC

8. ‘Objections as to local or pecuniary jurisdiction shall be raised at the

first opportunity’. This is the essence of CPC
a. Section-20
b. Section-22
c. Section-24
d. Section-25
 SECTION MANIAC

9. Which one of the following sections of the CPC deals with institution of
suits?
a. Section 29
b. Section 13
c. Section 27
d. Section 26

10. Which Section of the Civil Procedure Code prohibits arrest and
detention of women in execution of decree for money?
a. Section 55
b. Section 56
c. Section 57
d. Section 58

11. In which one of the following sections of the Criminal Procedure Code,
1973 the ‘Cognizable offence’ has been defined?
a. Section 2 (a)
b. Section 2 (b)
c. Section 2 (c)
d. Section 2 (i)

12. Under which section of the Code of Criminal Procedure, 1973 the term
“offence” has been defined?
a. Section 40
b. Section 2(n)
c. Section 2(w)
d. None of the above
 SECTION MANIAC

13. It is mandatory to produce the person arrested before the Magistrate,

with 24 hours of his arrest, under:
a. Section 56 of CrPC
b. Section 57 of CrPC
c. Section 58 of CrPC
d. Section 59 of CrPC

14. Under which one of the following sections of Criminal Procedure Code,
1973 summons to produce documents may be issued to the person in
whose possession they are?
a. Section 90
b. Section 95
c. Section 94
d. Section 91

15. Under which provision of the CrPC may a Court a proclamation

requiring a person to appear at a specified place, if the Court has a
reason to believe that the person has absconded?
a. Section 40
b. Section 42
c. Section 73
d. Section 82

16. Under which Section of CrPC a search warrant is issued?

a. Section 92
b. Section 93
c. Section 94
d. Section 96
 SECTION MANIAC

17. Which section of the Code of Criminal Procedure defined ‘contracting

state’?
a. Section 105
b. Section 105-A
c. Section 106
d. Section 104-B

18. Rule of Res Gestae which means facts forming the part of the same
transactions which is the facts in issue is discussed in
a. Section 6
b. Section 7
c. Section 5
d. Section 8

19. Rules relating to ‘identification of parade are contained in which of the

following section of Indian Evidence Act?
a. Section 9
b. Section 19
c. Section 29
d. Section 39

20. Under which Section of the Indian Evidence Act the words "facts not
otherwise relevant, become relevant” are provided?
a. Section 9
b. Section 11
c. Section 12
d. Section 14

21. The facts relating to question of relevancy of right or custom are

contained in which one of the following sections of Indian Evidence Act:
a. Section 13
b. Section 15
c. Section 48
d. Section 49
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22. A, is accused of receiving stolen goods knowing them to be stolen. The

above is the illustration of
a. Section 8 of the Evidence Act
b. Section 12 of the Evidence Act
c. Section 14 of the Evidence Act
d. Section 13 of the Evidence Act

23. Under Indian Evidence Act, 1872 which one of the following sections
defines admission
a. Section 17
b. Section 18
c. Section 19
d. Section 20

24. Under which Section of the Indian Evidence Act ‘Admission’ is defined?
a. Section 17
b. Section 18
c. Section 21
d. Section 20

25. Which Section of the Indian Evidence Act lays down the rule that in
certain circumstances admission can be proved by or on behalf of the
person making it?
a. Section 18
b. Section 19
c. Section 20
d. Section 21

26. Which of the following sections of the Indian Evidence Act deals only
civil cases?
a. Section 20
b. Section 21
c. Section 22
d. Section 23
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27. In which section of the Indian Penal Code, 1860, iven below, the
principle of joint criminal liability is stated:
A. Section 36
b. Section 39
C. Section 34
d. Section 40

28. The word ‘good faith’ is defined in the Indian Penal Code in:
a. Section 44
b. Section 51
c. Section 52
d. Section 52-A

29. Under IPC, which one of the following sections makes provision of
Solitary Confinement?
a. Section 71
b. Section 72
c. Section 73
d. Section 74

30. In which section of Indian Penal Code, the maxim ‘ignorantia juris non
excusat’ is incorporated?
A. Section 78
B. Section 76
C. Section 79
D. None of the above
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31. A Hangman who hangs the prisoners pursuant to the order of the Court
is exempted from criminal liability by virtue of:
A. Section 77 of IPC
B. Section 78 of IPC
C. Section 79 of IPC
D. Section 76 of IPC

32. Which one of the following Sections of I.P.C. applies the maxim,
“Ignorance of law is no excuse”?
A. Section 77
B. Section 78
C. Section 79
D. None of the above

33. Under Indian Penal Code act of a child under seven years of age is
provided as an exception:
A. Section 80
B. Section 81
C. Section 82
D. Section 84

34. The acts of child constituting general exceptions under I.P.C. are
mentioned in
A. Sections 81-82
B. Sections 82-83
C. Sections 83-84
D. Sections 84-85

35. Which of the following provisions is based on the rule of “volenti non fit
injuria”
A. Section 87 of the IPC
B. Section 92 of the IPC
C. Section 94 of the IPC
D. Section 81 of the IPC
 SECTION MANIAC

36. Which section of Indian Penal Code deals with voluntary intoxication?
A. Section 84
B. Section85
C. Section 86
D. Section 87

37. The maxim “de minimis non curat lex” is related to which of the following
Section of the I.P.C.?
A. Section 95
B. Section 89
C. Section 94
D. Section 93

38. Which section of I.P.C. contains the provision of causing death in the
private defense of the body?
A. Section 99
B. Section 96
C. Section 98
D. Section 100

39. "A', in India, instigates 'B', a foreigner in Goa, to commit a murder in Goa
'A' is guilty of abetting murder." It is based on
A. Section 108-A
B. Section 110
C. Section 112
D. Section 114
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40. A instigates B to give false evidence. If B does not give false evidence,
even then A has committed the offence under which Section of Indian
Penal Code?
A. Section 116
B. Section 114
C. Section 118
D. Section 120

41. Waging or attempting to wage wasr, or abetting waging of war against

the Government of India is punishable under............of the IPC
a. Section 121
b. Section 132
c. Section 122
d. Section 124

42. Which section of the Indian Penal Code defines ‘sedition’

A. Section 122
B. Section 123
C. Section 124
D. Section 124-A

43. Rioting while armed with deadly weapons is punishable under IPC in
a. Section 159
b. Section 146
c. Section 147
d. Section 148

44. Promoting enmity between different groups on grounds of religion is

punishable under which section of IPC?
A. Section 151
B. Section 153
C. Section 153-A
D. Section 153-B
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45. Which one of the following sections of the Indian Penal Code deals with
vicarious liability:
A. Section 120-A
B. Section 121
C. Section 154
D. Section 159

46. A, a landholder, knowing of a murder committed within the limits of his

estate, willfully misinforms the Magistrate of the District that the death
has occurred by accident in consequence of the bite of a snake. A is guilty
of the offence under
A. Section 177
B. Section 179
C. Section 178
D. Section 182

47. Punishment for giving false evidence in court is provided under:

A. Section 198 IPC
B. Section 193 IPC
C. Section 196 IPC
D. Section 197 IPC

48. Threading or inducing any person to give false evidence is punishable

under .................of the IPC
A. Section 191
B. Section 192
C. Section 195-A
D. Section 195
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49. Offence of destruction of electronic record to prevent its production as

evidence Is punishable under I.P.C. in
a. Section 201
b. Section 202
c. Section 203
d. Section 204

50. Which section of the IPC provides punishment for dishonestly making
false claim in true Court?
a. Section 179
b. Section 205
c. Section 209
d. Section 211

51. Under which one of the following Sections of I.P.C., rash and negligent
driving of vehicle on public way is an offence?
a. Section 278
b. Section 273
c. Section 279
d. Section 280

52. A and B both were travelling on an aero plane. When the aero plane was
flying at the height of 30,000 feet, A, forcibly throws. B. Outside the aero
plane Consequently "B" dies falling on the tree. Here "A" will be liable
under which section of the Indian Penal Code, 1860?
A. Section 302
B. Section 299
C. Section 301
D. Section 304 (A)
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53. Which section of Indian Penal Code deals with Dowry death?
a. Section 304-B
b. Section 364-A
c. Section 363-A
d. Section 366-B

54. In which section of IPC the law relating to ‘Dowry death’ is contained?
A. Section 304(b)
B. Section 304
C. Section 299
D. Section 302

55. Attempt to commit culpable homicide is provided in Indian Penal Code

under
a. Section 305
b. Section 306
c. Section 307
d. Section 308

56. Which Section of Indian Penal Code provides for punishment for attempt
to commit suicide?
a. Section 306
b. Section 307
c. Section 309
d. Section 376

57. Which section of the IPC has defined ‘thug’?

A. Section 311
B. Section 310
C. Section 312
D. Section 234
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58. "A" with intortion of causing the death of a child "B" who is below 12
years, exposes him in a desert place. Here "A" will be liable under which
section of the Indian Penal Code, 1860
A. Section 317
B. Section 307
C. Section 304
D. Section 511

59. Grievous hurt is defined under:

a. Section 321 IPC
b. Section 320 IPC
c. Section 322 IPC
d. Section 325 IPC

60. ‘A’, a police officer, tortures 'B' in order to induce 'B' to confess that he
committed a crime. Under which section of I.P.C. the police officer is
guilty of an offence?
a. Section 325
b. Section 326
c. Section 328
d. Section 330
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