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(a) "legal representative" means a person who in law represents the estate of a
deceased person, and includes any person who intermeddles with the estate of the
deceased and where a party sues or is sued in a representative character the person on
whom the estate devolves on the death of the party so suing or sued
(b) "movable property" includes growing crops
(c) "order" means the formal expression of any decision of a Civil Court which is
not a decree
(d) All of the above
(a) Every Court of Small Causes is subordinate to the High Court and District
Court
(b) A suit in which the right to property or to an office is contested is a suit of a
civil nature
(c) Both (a) and (b)
(d) Neither (a) nor (b)
7. In order to be able to exercise the power under section 10 of the Code of Civil
Procedure, the suit may be pending in -
(a) in the same Court
(b) any other Court in India having jurisdiction to grant the relief claimed
(c) in any Court beyond the limits of India established or continued by the
Central Government and having like jurisdiction, or before the Supreme Court
(d) All of the above
8. Under section 11 of CPC, the expression "former suit" shall denote a suit
(a) which has been decided prior to the suit in question whether or not it was
instituted prior thereto.
(b) which has been decided prior to the suit in question and where it was instituted
prior thereto.
(c) which has been decided prior to the suit in question but was not instituted prior
thereto.
(d) None of the above
(a) Section 39
(b) Section 38
(c) Section 40
(d) Section 41
10. Which section provides for summons to witness?
(a) Section 30
(b)Section 32
(c)Section 31
(d)Section 33
11. Which section provides for power of Courts to issue Commissions?
(a) Section 75
(b)Section 78
(c) Section 77
(d)Section 65
12. Which of the following are the presumptions as to foreign judgments?
(a) The Court shall presume that the certified copy of a foreign judgment is genuine
(b) That such judgment was pronounced by a Court of competent jurisdiction
(c)Both (a) and (b)
(d) Neither (a) nor (b)
13. Section 15 of the Code of Civil Procedure provides that –
(a) Every suit shall be instituted in the Court of the lowest grade competent to try it
(b) Every suit shall be instituted in lowest Court competent to try it
(c)Every suit shall be instituted in the subordinate Court
(d) Every suit shall be instituted in the lowest court of pecuniary jurisdiction
14. Which of the following is true with respect to service of summons?
(a) Service outside Jurisdiction can only be done by an officer of the Court with an
order from a Court having jurisdiction over the place where he resides
(b) Where the defendant is confined in prison, the summons shall be delivered or sent
by post or otherwise to the defendant in prison
(c) Both (a) and (b)
(d) Neither (a) nor (b)
15. Where the Court is of the opinion that the defendant is a person of rank entitled to
a special mark of consideration –
(a) it may send the summons for appearance of that person
(b) it may substitute for a summons a letter signed by the Judge or such other officer
as he may appoint in this behalf
(c) Such letter may be sent to the defendant by a post or by a special messenger
selected by the Court or in any other manner which the Court thinks fit
(d) Both (b) and (c)
16. Which of the following is true?
(a) When there are two or more defendants, service should be made on any defendant
(b) Service may be made on any male adult member of the family in absence of
defendant
(c) Females are excluded from service of summons in absence of the defendant
(d) None of the above
17. The Court may enlarge the time under section 148 –
(a) even if the original time fixed by the Court has expired
(b) even beyond the period of 30 days
(c) Both (a) and (b)
(d) Only (a) and not (b)
18. Suit for the foreclosure, sale or redemption in the case of a mortgage of or charge
upon immovable property shall be instituted in the Court -
(a) within the local limits of whose jurisdiction the property is situate
(b) within the local limits of whose jurisdiction the defendant resides or personally
works for gain
(c) within the local limits of whose jurisdiction the cause of action arises
(d) None of the above
19. Which of the following are powers enjoyed by the Court to which matter is
transferred under section 24, CPC?
(a) Changes or amendment to issues
(b) May refer the case for arbitration
(c) May proceed with the case as it was transferred to it
(d) All of the above
20. Elements of ADRS is provided in –
(a) Order XXVII, Rule 5B
(b) Order XXIII, Rule 3-A
(c) Both (a) and (b)
(d) Neither (a) nor (b)
21. An executing court can determine the questions relating to which of the following?
(a) Execution of decree
(b) Discharge of decree
(c) Modification of decree
(d) Both (a) and (b)
22. Which of the following is not true in the case of abandonment of a suit by a
minor?
(a) The suit can be abandoned without the leave of the Court
(b) The application for such leave must be accompanied by an affidavit of the next
friend
(c) If the minor is represented by the pleader, then the certificate of the pleader must
be given
(d) All of the above
23. Which of the following is incorrect?
(a) A suit can be filed to set aside a decree on the ground that the compromise on
which the decree is based is unlawful
(b) A party challenging the compromise can file a petition under proviso to Rule 3 of
Order XXIII
(c) The compromise decree can be challenged by filing a suit on the ground of fraud,
undue influence or coercion
(d) Both (b) and (c)
24. The plaintiff may as against all or any of the defendants abandon his suit or
abandon a part of his claim
(a) at any time after the institution of a suit
(b) at any time before the institution of a suit
(c) at any time during the pendency of the suit
(d) within a period of three months from the institution of the suit
25. Which of the following persons are not entitled to compromise a suit with the
leave of the Court?
(a) Next Friend or Guardian
(b) An advocate for his client
(c) Interested persons in representative suits
(d) None of the above
26. In which of the following cases, the depositions given to the Commission be not
read as evidence?
(a) In case of non-appearance of the person before the Court due to sickness, death or
other reasons whatsoever
(b) If the Court at it’s discretion allows the evidence of the person being read as
evidence in the suit
(c) Both (a) and (b)
(d) Neither (a) nor (b)
27. The Expenses of the Commission are to be borne by –
(a) By Plaintiff
(b) By Defendant
(c) Both the Plaintiff and the Defendant jointly
(d) By the party at whose instance or for whose benefit the commission is issued
28. Consider the following statements with respect to interpleader suits?
1. Interpleader suit can be instituted even though the rights of the parties have not
been decided in the suit
2. Interest can also be claimed in the interpleader suit
3. It is necessary to state in the plaint that there is no collusion between the plaintiff
and any one of the defendants
4. An agent and tenant may not institute the suit in certain circumstances.
Which is correct?
(a) 1, 2 and 3
(b) 3 and 4
(c) 1, 3 and 4
(d) All of the above
29. With respect to the imposition of costs under section 35, the fact that the Court has
no jurisdiction to try the suit
(a) shall be no bar to the exercise of such powers
(b) shall be bar to the exercise of such powers
(c) shall make the order invalid
(d) None of the above
30. In which of the following proceedings the Court has the power to impose
compensatory costs in respect of false or vexatious claims or defenses?
(a) execution proceedings
(b) Appeal
(c) Revision
(d) All of the above
31. The Court may impose costs for causing delay if the party –
(a) fails to take the step which he was required by or under this Code to take on that
date
(b) obtains an adjournment for taking such step or for producing evidence or on any
other ground
(c) Both (a) and (b)
(d) Neither (a) nor (b)
32. Which of the following is correct when a decree is silent on the amount of further
interest to be paid?
(a) The Court shall not be deemed to have refused such interest
(b) A separate suit can lie for claiming the interest not mentioned in the decree
(c) Both (a) and (b)
(d) Neither (a) nor (b)
33. Which of the following is true?
(a) In case of marriage of a female plaintiff or defendant, the suit shall abate
(b) In case of marriage of a female plaintiff or defendant, the suit shall not abate but
the suit may be proceeded with to judgment
(c) Where the decree is against a female defendant, it may be executed against her
alone
(d) Both (b) and (c)
34. Wherever a pleader appearing for a party to the suit comes to know of the death of
that party, he shall
(a) inform the Court about it
(b) the Court shall there upon give notice of such death to the other party
(c) for this purpose, the contract between the pleader and the deceased party shall be
deemed to subsist
(d) All of the above
35. Which of the following is true with respect to summary suits?
(a) The defendant is, as matter of right, entitled to defend the suit
(b) The defendant must apply for leave to defend in an affidavit within a period of 15
days.
(c) The Court must be satisfied that from the affidavit filed by the defendant which
discloses such facts as will make it incumbent upon the plaintiff to prove
consideration
(d) All of the above
36. A decree passed against the defendant for his not putting an appearance in terms of
Rule 2(3) of Order XXXVII –
(a) is an ex-parte decree
(b) provisions of Order IX Rule 13 are not applicable for setting aside such a decree
(c) Defendant has to show “special circumstances” which prevented him from
appearing or applying for leave to defend along with facts which would entitle him
leave to defend
(d) All of the above
37. In any suit for restraining the defendant from committing a breach of contract or
other injury of any kind, whether compensation is claimed in the suit or not, the
plaintiff may, apply to the Court for a temporary injunction to restrain the defendant
from committing the breach of contract
(a) At any time after the commencement of the suit
(b) Either before or after judgment
(c) Both (a) and (b)
(d) Only before passing of judgment
38. Which of the following orders may be passed by the Court granting the injunction
in the case of disobedience of any injunction granted or other order made under rule 1
or rule 2 of Order XXXIX or breach of any of the terms on which the injunction was
granted or the order made?
(a) The Court may order the property of the person guilty of such disobedience or
breach to be attached
(b) The Court may also order such person to be detained in the civil prison for a term
not exceeding three months, unless in the meantime the Court directs his release.
(c) Both (a) and (b)
(d) Neither (a) nor (b)
39. Consider the following statements with respect to pleadings –
1. The performance of condition precedent must be alleged in a pleading
2. Notice may be alleged as a fact without setting out the precise terms in a pleading
3. Implied contracts and the relations between persons may be set out in detail in a
pleading
4. Facts which the law presumes in a party’s favour or as to which the burden of proof
lies on the other side need not be pleaded.
Which is incorrect?
(a) 2 and 4
(b) 1 and 3
(c) 2, 3 and 4
(d) None of the above
40. In a case, where willful default is alleged by a party, the pleading must contain –
(a) general allegations as to the willful default
(b) only material particulars must be stated
(c) specific allegations must be pleaded
(d) particulars with dates and items
41. Which of the following is true?
(a) No pleading shall raise any new ground of claim or contain any allegation of fact
inconsistent with the previous pleadings of the party pleading the same.
(b) Any new ground of claim may be raised only by way of amendment of the
pleading
(c) Both (a) and (b)
(d) Neither (a) nor (b)
42. A document which ought to be produced in Court by the plaintiff when the plaint
is presented, or to be entered in the list to be added or annexed to the plaint, and which
is not produced or entered accordingly, shall
(a) not, without the leave of the Court, be received in evidence on his behalf at the
hearing of the suit
(b) be received in evidence on his behalf without the leave of the Court
(c) not be produced for cross-examination of the defendant’s witnesses or in answer to
any case set up by the defendant or handed to a witness merely to refresh his memory
(d) Both (a) and (c)
43. Where a defendant is added, the plaint shall –
(a) be amended in such manner as may be necessary, and amended copies of the
summons and of the plaint shall be served on the new defendant and, if the Court
thinks fit, on the original defendant
(b) the proceedings as against any person added as defendant shall be deemed to have
begun only on the service of the summons
(c) Both (a) and (b)
(d) Neither (a) nor (b)
44. The Court shall return the Plaint –
(a) at any stage of the suit
(b) after exercising it’s jurisdiction
(c) at the stage of admissions and denials of documents
(d) at the stage of hearing of the suit
45. If in any case in which the defendant sets up a counter-claim, the suit of the
plaintiff is stayed, discontinued or dismissed, the counter-claim
(a) may be proceeded with
(b) may be dismissed
(c) shall be subject to the discretion of the Court
(d) None of the above
46. In a Small Causes Court, Summons shall not be issued –
(a) for settlement of issues
(b) final disposal of case
(c) to direct the defendant to produce his witnesses for evidence
(d) Both (b) and (c)
47. Where the summons is for the final disposal of the suit, the Court shall –
(a) direct the defendant to produce, on the day fixed for his appearance, all witnesses
upon whose evidence he intends to rely in support of his case
(b) direct the defendant to appear before the Court
(c) direct the defendant to produce all the documents before the Court
(d) None of the above
48. Where the defendant fails to file the Written Statement within the said period of
thirty days, he shall be allowed to file the same but not later than ninety days from the
date of service of summons. This rule has been provided in –
(a) Order V, R. 1(1)
(b) Order VIII, R. 1(1)
(c) None of the above
(d) Both (a) and (b)
49. Who among the following are exempted from personal appearance before Court?
(a) Pardanashin lady
(b) Rulers of any former Indian States
(c) Collectors
(d) Both (a) and (b)
50. Which of the following is true with respect to Dasti Summons?
(a) Dasti Summons is issued upon the application of the Plaintiff
(b) The service of such summons shall be effected by or on behalf of such plaintiff by
delivering or tendering to the defendant personally a copy thereof signed by the Judge
and sealed with the seal of the Court
(c) Both (a) and (b)
(d) Neither (a) nor (b)
51. In reference of District Court, which one of the following statements is not
correct?
a. It can transfer any suit, appeal or other proceeding pending before it for trial to
any Court subordinate to it and competent to try or disposed of the same
b. It can withdraw any suit and appeal or other proceeding pending in any Court
subordinate to it
c. It can try or dispose of the suit, appeal or other proceeding withdrawn from any
Court subordinate to it or it may transfer the same for trial or disposal to some other
Court subordinate to it and competent to try or dispose of the same
d. It cannot retransfer any suit, appeal or other proceeding to the Court from
which it has withdraw
52. Under Section 34 of Civil Procedure Code, Court can award Interest from the
date of decree to the date of payment or such earlier date as the Court thinks fit. Rate
of such Interest shall not exceed per annum.
a. Nine per cent
b. Ten per cent
c. Six per cent
d. Twelve per cent
53. Any amount which a Court will order to be paid as compensatory costs in
respect of false or vexatious claims or defences, shall not exceed the amount of –
a. Two thousand rupees or the amount with in its pecuniary jurisdiction
whichever is less
b. Three thousand rupees or the amount within its pecuniary jurisdiction, which
ever is less
c. Four thousand rupees or the amount within its pecuniary jurisdiction, which
ever is less
d. Five thousand rupees or the amount within its pecuniary jurisdiction which
ever is less
56. Date appointed by any Court for presenting list of witnesses by the parties to
obtain summons to them for their attendance in Court, shall not be later than –
a. Ten days
b. Fifteen days
c. Eighteen days
d. Thirty days
60. Which one of the following is a newly added ground for rejection of a plaint
under Order 7 Rule 11 of C.P.C.?
a. Non-disclosure of cause of action
b. Under valuation of relief claimed
c. Barred by any law
d. Plaint not filed in duplicate
61. 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
62. 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
63. A person against whom summons has been issued may be compelled under
Sec. 32 of C.P.C. to attend by –
a. Issue of a warrant
b. Attachment and sale of his property
c. Imposing a fine
d. 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. 2 and 4
64. Which one of the following is not a suit relating to immovable property?
a. Suit for recovery of immovable property
b. Suit for partition of immovable property
c. Suit for redemption of mortgaged property
d. Suit for rent in respect of immovable property
65. 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
66. Which one of the following is not a suit of civil nature under C.P.C.?
a. A suit against deprivation from attending social functions
b. A suit for arrears of salary
c. A suit for right of burial
d. A suit for restitution of conjugal rights
67. Which one of the following does not find a place under the provision on Sec.
94, C.P.C. relating to supplemental proceedings?
a. Arrest before judgment
b. Attachment before judgment
c. Temporary injunction
d. Appointment of executors
68. Where the defendant is confined in a prison, the summons shall be served:
a. By affixing out side the prison
b. By sending process server in the prison
c. By delivery of the summons to the Officer incharge of the prison for service on
the defendant
d. By production warrant through the court
69. Where the defendant appears and the plaintiff does not appear when the suit is
called for hearing and where a part of the claim is admitted the court shall:
a. Dismiss the whole suit
b. Dismiss the suit so far as it relates to the remainder
c. Pass the decree of the whole claim
d. Proceed exparte (proceedings) against defendant
70. Where the appellant has withdrawn the appeal preferred against a decree
passed exparte the application under Order 9 Rule 13 shall be:
a. Rejected
b. Returned
c. Maintainable
d. Referred for opinion to the Appellate Court
71. If sufficient cause is shown by the parties for adjourn the hearing of the case
the court shall not adjourn the case more than:
a. Once
b. Twice
c. Three
d. Four times
73. Where a suit abates or dismissed under Order 22 of CPC on the same cause of
action:
a. New suit may institute with the consent of parties
b. With prior permission of the court fresh suit may file
c. No fresh suit shall be brought
d. If sufficient cause shown, then new suit may file
74. Whether a minor on attaining majority may, it a sole plaintiff, apply that a suit
instituted in his name by his next friend be dismissed on the ground that it was
unreasonable or improper:
a. No
b. With the consent of next friend
c. Yes
d. Joint application will be with next friend
75. Where any injunction is passed without giving notice to opposite party the
court will try to decide the application within:
a. 7 days
b. 15 days
c. 21 days
d. 30 days
77. “No appeal shall lie from a decree passed by the court with the consent of
parties”. It is provided
a. Section 96(1) C.P.C.
b. Section 96(2) C.P.C.
c. Section 96(3) C.P.C.
d. Section 96(4) C.P.C.
82. Which section of Civil Procedure Code prohibits arrest or detention of women
in the execution of decree for money?
a. Section 55
b. Section 56
c. Section 59
d. Section 60
85. Where the plaint has been rejected the plaintiff on the same cause of action –
a. May file new suit
b. Can’t file new suit
c. May present with the leave of High Court
d. None of these
86. In a suit, which relates to a railway, the authority to be named as plaintiff or
defendant shall be –
a. The General Manager of the Railway
b. A Secretary to the Central Government
c. The Collector of the District
d. The Station Master of the Railway
87. During service of summons defendant was found absent from his residence
and within reasonable time no chance to get back at his residence, service of the
summons may be made on –
a. On servant
b. Minor daughter
c. Adult son
d. Munim
88. A Suit may be dismissed where, after a summons has been issued to the
defendant and returned unserved, plaintiff falls the apply for fresh summons for the
period of –
a. Seven days
b. Sixty days
c. One month
d. Two months when the plaintiff fails to apply for fresh summons from the court
89. Where any party dies after conclusion and before pronouncing Judgment –
a. The suit shall abate
b. The suit shall not abate
c. The suit shall not abate if cause of action survives
d. It depends on the discretion of the court whether is shall abate or not
90. Where an indigent person succeeds, the court fee shall be recovered –
a. From the defendant
b. By the State govt.
c. Not recoverable
d. From the plaintiff
92. Any objection of interrogatories may be taken on the ground that it is:
a. Irrelevant
b. Scandalous
c. Not exhibited bonafide
d. All or any of those
97. Documents which are meant for cross-examination of a witness of the other
party or meant for refreshing the memory of the witness may be produced:
a. At or before the settlement of issues
b. After the settlement of issues
c. At any time when they are required
d. Along with pleading