CODE OF CIVIL PROCEDURE, 1908

PRELIMINARY from which an appeal lies as an

[Sections 1-8) appeal from an order
1. The Civil Procedure Code, 1908 extends (d) none of the above
to the whole India except Ans. (c) (PJS 2011)
(a) the State of Jammu & Kashmir 6. Foreign judgment as defined under
(b) the State of Nagaland and Tribal Section 2(6) of CPC means:
Areas (a) judgment given by an Indian Court
(c) (a) and (b) both in respect of foreigners;
(d) None of the above (b) judgment given by a Foreign Court
. Ans. (d [UJS 2012] (c) judgment given by an Indian Court
2. Which of the following Sections of the established under any Foreign Act
Code of Civil Procedure defines the (d) none of the above
'Mesne Profit'?
Ans. (b) (PJS 2011)
(a) Section 2(4)
7. Legal representative under Section 2(11)
(b) Section 2(14)
of C.P.C. means a person who is a
(c) Section 2(6)
(a) Relative of parties to the suit
(d) Section 2(12)
(b) Co-sharer of the benefits assuming
Ans. (d) [UJS 2009)
to the parties to the suit
3. In which Section of the Civil Procedure
(c) Who in law represents the estate of
Code term 'Mesne Profits' has been
the deceased
defined?
(a) Section 2(4) (d) None of the above
(b) Section 2(8) Ans. (c) [HJS 2011 I
(c) Section 2(12) 8. The essential elements of a decreer
(d) Section 2(14) (a) these must be an adjudication
Ans. (c) [UJS 2010] (b) the determination must be of a
4. Judgment - debtor means? conclusive nature
(a) Borrower of a bank. (c) the adjudication must have been
(b) Defendant I done in a suit
(c) Person against whom a decree is (d) all of the above
passed. Ans. (d) [HPJS 2011]
(d) None of the above. 9. The Code of Civil Procedure recognises:
Ans. (c) (MJS 2010) (a) Preliminary decree
5. Decree means: (b) Final decree
(a) an order adjudicating claims (c) Partly preliminary and partly final
(b) informal expression of an
(d) All of the above
adjudication
Ans. (d) (HPJS 2012, DJS 2015]
(c) formal expression of an adjudication
10. Under Section 2(3) o.f CPC a decree-
but shall not include any adjudication
holder means:
601
Code of Civil Procedure, 1908 602 Si11gltal Law Publications
code of Civil Procedure, 1908 603 Singha/ UIW Publiartions
(a) A person who is not a party to a (b) The decision on the point of (c) When it deals with some preliminary (c) Adjudication of right
suit but in whose favour an order determination and the reason thereof issues
capable of execution has been passed (c) The point for determination· (d) None of the above
(d) None of the above Ans. Cb) [MPJS 2012)
(b) The plaintiff (d) All the above
Ans. (b) [HJS 2013] 26. 'Mesne profits' has been defined in
(c) The defendant Ans. (d) 1 [APJS 2011]
21. The term "prescribed" under Section which of the following Sections of the
(d) All of the above 16. Formal expression of an adjudication 2(16) of Civil Procedure Code, 1908 C.P.C.?
Ans. (d) [HPJS 2012 MPHJS 2014]
1 which, so far as records the court means
expressing it, conclusively determines (a) Section 2(4)
11. Under Section 2(5) of CPC, two (a) prescribed by court
conditions must be satisfied to bring a rights of the parties, is- (b) Section 2(8)
(b) prescribed by society (c) Section 2(12)
court within the definition of a foreign (a) Decree
court: (c) prescribed by rules (d) Section 2(14)
(b) Order
(a) Court must be situated outside India (c) Judgement (d) none of the above Ans. (c) (UJS 2002, UJS 2014)
(b) Court must not have been established (d) Appellate order Ans. (c) [UP PCS CJ 2013] 27. Under C.P. Code, which of following
by Central Government 22. A legal representative under the Code is not a decree?
Ans. (a) [APJS 2011]
(c) Court must not continued by the of Civil Procedure means: (a) Dismissal of suit in default
17. Which of the following pairs is not
Central Government correctly matched under CPC? (a) a co-sharer of the benefits arising to (b) Rejection of a plaint
(d) All of the above the parties to the suit (c) Dismissal of suit in default &
(a) Section 2(5) Foreign Court
Ans. (d) [HPJS 2012] (b) a person, who in law represents the Rejection of a plaint Both
(b) Section 2(6) Foreign judgement
12. Which of the following is not a legal estate of the deceased (d) None
(c) Section 2(11) Legal representative
representative under Section 2(11) of (c) a relative of parties to the suit Ans. (a) [MPJS 201~1)
(d) Section 2(10) Mense profit
the CPC? (d) all of the above 28. Consider the following sbtement(s):
Ans. (d) [UJS 2012) Ans. (b) (KCJ 2012)
(a) Executors and administrators A 'decree' means and inc:ludes
18. Judgement under Section 2(9) of the
(b) Official assignee or receiver 23. Mesne profit means: (i) formal expression of an adjudication
Code of Civil Procedure, 1908 means
(c) Hindu coparceners (a) profit earned by mission which, so far as regards the
(a) a decree
(d) Residuary legatees (b) very minimum profit court expressing it, conclusively
(b) dismissal of appeal summarily
Ans. (b) [HPJS 2012] (c) profit received or could have been determines the rights of the parties
(c) statement of grounds of an order or with regard to all or any of the
13. Which provision of CPC defines Mesne decree received by a person in wrongful
profits? possession of property matters in controversy in the suit.
(d) All the above (ii) any adjudication from which an
(a) Section 2(11) (d) none of the above
Ans. (c) [UP PCS CJ 2012) appeal lies as an appeal from an
(b) Section 2(12) Ans. (c) [MJS 2010, KCJ 2012)
19. As per Section 2(12) of CPC, 'mesne order.
(c) Section 2(17) profits' of property are profits received 24. "Decree" means
(iii) any order of dismissal of suit for
(d) Section 2(14) by a person in; (a) Extract of the Judgment
default.
Ans. (b) [HPJS 2012] (a) Unlawful possession of the property (b) Bill of costs
(iv) rejection of plaint.
14. Under CPC an adjudication of a court (b) Wrongful possession of the property (c) Reasons for which the suit is decreed
which is not a decree, is: or dismissed Which of the statements given above
(c) Lawful possession of the property
(a) an Order (d) Formal expression of the court of an are correct?
(d) Effective possession of the property (a) (i) and (ii)
(b) a Summon Ans. (b) [HJS 2013] adjudication determining the rights
(c) a Rule of parties (b) (ii) and (iii)
20. A decree is preliminary; (c) (i) and (iv)
(d) a Judgment Ans. (d) [MPJS 2012)
(a) When it is issued in the preliminary (d) AU these
Ans. (a) [HPJS 2012] 25, "Judgment" means
stages of the suit Ans. (c) [DJS 2014]
15. A judgement contains- (b) When further proceedings have to
(a) Part of the decree
(a) Concise statement of the case (b) Statement of the Judges on the 29. A dies leaving behind a son X and a
be taken or the suit to be completely
grounds of decree or order married daughter Y. A suit filed by A,
disposed of after his death can be continued by
Code of Civil Proced11re, 1908 604 Singha/ Lnw Publications Code of Civil Procedure, 1908 605 Singha/ I.mo Public.rions
(a) X alone as legal representative 34. Profit received during Wrongful 39, The decrees or orders made by Small 44. Save as provided by the Provincial
(b) Y alone as legal representative possession over a property is Causes Court are revisable by Small Cause Courts Act a decree or
(c) X, Y and the husband of Y as legal (a) Casual profit (a) the District Court order made under the provisions of tht
representative (b) Actual profit (b) the High Court said Act shall be
(d) X and Y both as legal representative (c) Conditional profit (c) Both (a) and (b) (a) appealable
Ans. (d) (BJS 2013] (d)Mesne profit (d) None of the above (b) reviewed
30. Raju dies leaving behind a son Ravi Ans. (d) (U)S 2016] Ans. (cl (BJS 2016] (c) final
and a married daughter Kavita, a suit 35. Which is not a decree? 40. The Registrar of a Provincial Small (d) no decree or order
filed by Raju, under his death, can be (a) Rejection of a plaint Cause can, when conferred with Ans. (a) [BJS 2000]
continued by: (b) Order of dismissal for default jurisdiction by the Stale Government 45. Decree shall be deemed to include
(a) Ravi alone as legal representative
(c) Determination of any question (a) try suits of unlimi ted pecuni ary the rejection of a plaint and the
(b) Kavita alone as legal representative within section 144 of CPC jurisdiction. determination of any question within
(c) Ravi, Kavita and her husband as (b) try suits upto limited pecuni ary Section 144 of C.P.C.-
(d) Conclusive adjudication that
legal representatives determines the rights of the parties jurisdiction (a) Wrong
(d) Ravi and Kavita both as legal with regard to all or any of the (c) cannot try any suit (b) Right
representatives matters in controversy in the suit (d) can also decide criminal cases (c) It includes rejection of plaint but
Ans. (dl (HJS 2014] Ans. (b) (CJS 2016] Ans. (b) [BJS 2000] does not includes the determina tion
31. Under Civil Procedure Code, 1908 36. 'Decree' under Civil Procedure Code, 41. A Court of Small Causes, under the of any question within Section 144
"Foreign Court" means 1908 has been defined in its Provincial Small Cause Courts Act of C.P.C.
(a) A court situated outside India (a) Section 2(1) (a) cannot take cognizance of suits (d) It includes determination of any
(b) A court situated outside India and specified in second schedule question within Section 144 but
(b) Section 2(2)
not established under the authority shall not include the rejection of a
(c) Section 2(a) (b) can take cognizance of all suits of
of Government of India plaint
(d) Section 2(b) Civil nature
(c) A court situated in India, applying Ans. (b) [CJS 2004)
Ans. (b) [UP PCS CJ 2016] (c) can entertain criminal complaints
foreign law 46. A decree can be:
37. Under which one of the following (d) can decide matrimonial cases also
(d) All of the above I Sections of Civil Procedure Code, Ans. (bl [BJS 2000]
(a) Preliminary
Ans. (bl (UJS 2015] (b) Final
1908 "Legal Representative" has been 42. Provincial Small Cause Courts
32. Which of the following decisions is not explained? (c) First preliminary then final
(a) can try a suit against the Government.
a decree? (a) Section 2(11) (Union or State) (d) Either preliminary or final
(a) Order of abatement suit (b) Section 2(13) (b) can try a suit relating to mortgages Ans. (d) (MPC J 2006]
(b) Dismissal of appeal as time barred (c) Section 2(10) (c) cannot try a suit against the 47. The Code of Civil Procedure
(c) Rejection of plaint for non-payment (Amendment) Act, 2002 came into force
(d) Section 2(12) Government (Union or State)
of court fee on:
/ Ans. (a) [UP PCS CJ 2016] (d) can try a suit for damages for
(d) Order refusing to set aside sale (a) 01.07.2002
38. The courts of small causes under malicious prosecution
Ans. (d) [HPJS 2015] (b) 01.04.2002
Section 3 of the Civil Procedure Code, Ans. (b) (BJS 2000]
33. Which one of the following is not a (c) 01.01.2002
1908 is subordinate to which of the 43. An appeal against an order of the
decree under Civil Procedure Code, following? Provincial Small Cause Court, if (d) 01.06.2002
1908? (a) High Court only appealable, shall be made to Ans. (a) [UJS 2006]
(a) Rejection of a plaint for non-payment (b) District Court only (a) the District Court 48. 'Decree holder' means any person in
of court fee. (b) the High Court whose favour a decree has been passed
(c) Neither (a) nor (b)
(b) Any order of 1ismissal for default. or an order capable of execution has
(d) Both (a) and (b) (c) the Metropolitan Magistrates Court
(c) Both (a) and (I\) been made. This definition of the term
Ans. (d) (UJS 2012, UP PCS CJ 2016] (d) the City Civil Court 'decree holder' is mentioned under.
(d) None of the above Ans. (a) (BJS 2000]
Ans. (b) (UP PCS CJ 2015]
 Code of Civil Procedure, 1908 607 Singha/ Law Publicatitms,
Code of Civil Procedure, 1908 606 Sin~hal Law Publications
58. According to Section 2(5) of the (c) Donee of the suit property
(a) Section-2(2), C.P.C. 53. A decree can be Civil Procedure Code 'Foreign Court'
(a) preliminary (d) Person who is neither a legal heir
(b) Section-2(3), C.P.C. means:- nor an intermeddler with the estate
(c) Section-2(4), C.P.C. (b) final (a) A court situated outside India and of the deceased
(d) Section-2(d), C.P.C. (c) either preliminary or final established under the authority of Ans. (d) (MP HJS 2011]
Ans. Cb) [UP PCS CJ 2006] (d) none of the above Government of India 63. Under the C.P.C. "Decree" does not
49. Which of the following determinations Ans. (c) [HJS 2010] (b) A court situated outside India and include .
does not come under the definition of 54. Under Section 2(9) of the Code of Civil not established under the authority (a) the rejection of a plaint
"decree"? Procedure 'Judgement' means: of Government of India (b) an order of restitution under Section
(a) An adjudication which conclusively (a) decree (c) A court situated in India applying 144 CPC
determines the rights of the parties (b) order foreign law (c) an order of restitution of conjugal
with regard to some of the matters (c) statement on grounds of a decree or (d) All of.these rights
I
in issue before the court order Ans. (b) (MP APPO 2()()(JJ (d) the return of a plaint
(b) Rejection of a plaint
(d) decree and order 59. Which of the following Sections of Ans (d) [MP HJS 2012]
(c) Determination of any question Civil Procedure Code defines an Order? 64. The term "'Award and Decree" is used
Ans. (c) [HPJS 2013]
under Section 144 of the Code of to denote
55. Which of the following decision is not (a) Section 2(2)
Civil Procedure
a decree within the meaning of Section (b) Section 2(9) (a) the order of Commissioner of
(d) Dismissal of a suit for default
Ans. (d} [UP PCS CJ 2006)
2(2) of CPC? .
-
.--
(a) Dismissal of an application for final
(c) Section 2(14) Income Tax
(b) the order of Collector passed while
(d) Section 2(15)
SO. A decree holder: recovering the revenue
decree Ans. (c) [MP APPO 2009]
(a) Need not be a party to the suit (c) order of Civil Court, Arbitrator,
(b) Award of tribunal in land acquisition 60. Which of the following 'can be said to
(b) The term is not confined to plaintiff case Industrial' Court, Cooperative Court
(c) both (a) & (b) be .'judgemep.1"4 a&. defined in Section
etc.
(c) An order of abatement 2(9) of the Code of Civil Procedure?
(d) Neither (a) nor (b) (d) final order of Supreme Court
(d) Order modifying a scheme under (a) An order i
Ans. (c) [HPJS 2007-1] Section 92 Ans. (c) . [MP HJS 2008)
51. Foreign court under Section 2(5) of . (b) A decree
Ans. (b) [JJS 2016) 65. According to Section 2(11) C.P.C., 'legal
CPC means (c) Statement on grounds of a1,.:~rder or representative' means
56. Which of the following is NOT a part decree
(a) A court situated outside India of expression "Decree" as defined 'r (a) a person who in law represents the
(b) A court situated outside India and ( d) All of the above estates of a deceased person
under Section 2(2) of Civil Procedure
not established under the authority Ans. (c) [MP APPO 2009] (b) any person who does not
Code?
of Government of India (a) Adjudication of civil court
61. The provisions relating to Mesne Profits intermeddles with the estate of the
(c) A court situated in India applying are provided in which Section of Civil deceased
(b) Conclusive determination of rights
foreign law Procedure Code, 1908? (c) any person elected under the
(c) Any order of dismissal for defaults (a) Section 2(10)
(d) All the above Representation of the People Act,
(d) Formal expression of an adjudication
Ans. (b} [HPJS 2007-Il] (b) Section 2(12) 1951
Ans. (c) [CJS 2016) (d) any person who can represent the
52. Who amongst the following is not "a (c) Section 2(14)
57. What will be the nature of an order party to the suit
public officer" within the meaning of , (d) Section 2(16)
Section 2(17) of CPC?
passed by Court rejecting the plaint Ans. (a) [APDSJ 2011}
for non payment of a Court fee? Ans. (b) [MP APPO 2008]
(a) A Judge 62. 'Legal Representative' as defined 66. A Court of Small Causes can decide
(a) Decree title dispute relating to immovable
(b) Sarpanch of a Gram Panchayat in Section 2(11) of C.P.C. does not
(b) Preliminary decree property
(c) A person in the service getting pay include-
from the Government (c) Interlocutory Order (a) no
(a) Natural heir
(d) None of the above (d) Final Order
(b) Legatee who obtains only a part of
(b) it can decide if the value of the
(e) None of these the estate of the deceased property is within its pecuniary
Ans. (b} [UJS 2012, HPJS 2007-Il,
Ans. (a) [PJS 2017] limits.
HJS 20111

Code of Civil Procedure, 1908
(c) if it is Senior Civil Judge Court acts
as a small cause court.
(d) in a suit relating to rent for such
property.
Ans. (a) [APDSJ 2011]
67. Mesne profits as defined under section
2(U) Code of Civil Procedure means
those profits which the person in
wrongful possession of
(a) such property actually received or
might have received together with
interest.
(b) property actually received including
profits due to improvements made
by such person.
(c) such property actually received or
might have received but without
any interest on such profits.
(d) such property actually received.
Ans. (a) (DHSJ 2014]
68. Which of the following is/are decree/s7
(a) Order of abatement of a suit
(b) Dismissal of appeal as time barred
(c) Dismissal of suit for want of
evidence
(d) All of the above
Ans. (d) [UP HJ$ 2014]
69, 'Judge' is defined as the presiding
officer of a Civil Court under of
the Code of Civil Procedure, 1908
(a) Section 2(8)
(b) Section 2(4)
(c) Section 2(5)
(d) Section 2(2)
Ans. (a) IUP HJS 2014]
70. The principle of res judlcata does not
apply in case of writ of:
(a) Habeas corpus
(b) Mandamus
(c) Q110 uarranto
(d) Prohibition
Ans. (a) fDAPP 2010)
code of Civil Procedure, 1908 609 Singhlll I.Aw PubliCJJlions
608 Singlial Law P11blications
(b) If the cause of action in the (c) Sulochana Amlllll v. Narayanan Nair
71. Rule of 'constructive res judicata' is subsequent suit is the same as in
contained in which explanation to (d) Pandurrmg Ramachandra v. Shantilxli
the former suit, even though the
Section 11 of the C.P.C. Ans. (b) [UJS 2014)
decision on the point of law is
(a) Explanation II 80. The expression 'former suit' in the
erroneous
(b) Explanation Ill context of rule of res judicata means a
(c) If the cause of action in the suit which has been
(c) Explanation IV subsequent suit is different from
(a) instituted prior to the suit in
(d) Explanation V that in the former suit, when the
question.
Ans. (c) [BHJS 2015] decision on the point of law is
correct (b) decided prior to the suit in question.
72. C.P.C.-The principal of Res Judicata
(c) Both (a) and (b)
can be invoked (d) None of the above
(d) Neither (a) nor (b)
(a) only in separate proceeding Ans. (b) IHHJS 2011]
Ans. Cb) (DJS 2014)
(b) Also in subsequent stage of the 76. Plea of res judicata
same proceeding (a) Has to be specifically raised 81. Principle of constructive res judicata is
(c) Depends upon sorrie things contained in
(b) Need not be specifically raised
(a) Explanation III of Section 11
(d) None of the above (c) Is for the Court to see of its own / ,
(b) Explanation IV to Section 11
Ans. (b) [MP HJS 2015] (d) None of the above
(c) Explanation VI to Section 11
73. Res judicata may operate between Ans. (a) [ffilJS 2011)
(a) a plaintiff and a defendant
. ..,. (d) Explanation VIl to Section 11
77. A files a suit for declaration that he is
(b) co-plaintiffs Ans. (b) (BJS 2013)
entitled to certain land as the heir of
C. The suit is dismissed. Subsequently 82. After the trial of the suit the Court
(c) co-defendants
suit is claimed on the basis of adverse found that the suit was barred by the
(d) aJJ of the above
possession; subsequent suit is barred principle of res judicata and did not
Ans. (d) [MP HJS 2014)
discuss and answer the other issues.
74. The principle of res judicata is also on the ground of
(a) constructive res-judicata The procedure adopted by the court is
applicable between co-defendants.
(b) actual res-judicata
(a) legal
Which one of the following is not
(b) justified
an essential condition to bind the (c) either (a) or (b)
co-defendants? (c) proper
(d) None of the above
(a) The Co-defendants must have filed (d) illegal
Ans. (a) [UP PCS CJ 2016]
joint written statement Ans. (d) [DJS 2015)
,. 78. Res judicata is
(b) There must be a conflict of interest 83. Which provision of the Code deals
1 (a) a question of Jaw
between the defendants concerned with the concept of 'constructive res
(b) a fact which should be pleaded judicatca'?
(c) It must be necessary to decide this
(c) a fact which need not be pleaded (a) Section 10
conflict in order to give the plaintiff
the relief he claims {d) a matter which can be taken judicial (b) Section 11
notice of
(d) The question between the defendants (c) Section 12
must have been finally decided Ans. (b) [KJS 2011)
(d) Section 13
(e) None of these 79. In which of the following case Sir
Ans. (b) [MP HJS 2008]
Laurence Jenkins has observed that
Ans. (a) [PJS 2017] 84. Which of the following statements are
"the rule of res j11dicata, while founded
75. A decision on an issue of law operates
on account of precedent, is directed by correct in the context of Section 5 of
Code of Civil Procedure?
as res judicata a wisdom which is for all times"?
(a) If the cause of action in the (i) Revenue Court is a part of Ovil
subsequent suit is the same as In the
former suit, only when the decision ,
'·
(a) Lal Chand v. Radha Kishan
(b) Sheopersan v. Ra,nanand Singh
Court
on the point of law is correct
 code of Civil Procedure, 1908 611 Singha/ l.Jlw Publications
Code of Civil Procedure, 1908 610 Singlral Law Publications
PART I 98. Whether court can, without exception,
(ii) Civil Court means courts having (b) A.P. Civil Courts Act, 1972
SUITS IN GENERAL try all suits of civil nature?
original jurisdiction under C.P.C. (c) Civil Procedure Code (a) No
but not Revenue Court (d) Civil Rules of Practice [Sections 9-358)
(b) Yes
(iii) Civil Court means courts having Ans. (c) [APJS 2011] 94, Under Civil Procedure Code, a litigant
having a grievance of Civil nature (c) May be
original jurisdiction under C.P.C. 89. Civil Procedure Code (Amendment)
has a right to institute a Civil suit if (d) None of the above
including Revenue Court Act 2002, was enforced from
cognizance is . Ans. (a) [MJS 2010]
(iv) Revenue Court is not a part of Civil (a) 1st April, 2002
(a) Not expressly barred 99. Courts have jurisdiction to try all
Court (b) 1st June, 2002
(b) Impliedly barred suits of a civil nature except suits, the
(a) (i) and (ii) (c) 1st July, 2002 cognizance of which is either expressly
(b) (ii) and (iii) (d) 6th June, 2002 (c) Expressly and Impliedly barred
or impliedly barred, by virtue of
(c)(ii) and (iv) (d) None of these
Ans. (c) [UJS 2015] (a) Section 7 of the CPC
(d) (iii) and (iv) 90. Say which of the following suits are Ans. (a) [MPCJ 2016]
(b) Section 8 of the CPC
(e) None of these excepted from the cognizance of the 95. Under Civil Procedure Code find the
incorrect match: (c) Section 9 of the CPC
Ans. (c) [PJS 2017] Provincial Small Cause Courts (d) Section 6 of the CPC
85. Under which Section of the (a) a suit to obtain injunction (a) Section 5 Revenue Court
Ans. (c) [HJS 2014]
Civil Procedure Code "Pecuniary (b) a suit to restrain waste (b) Section 7 Provincial Small
Causes Court 100. For determination of an objection under
Jurisdiction" of the Court has been (c) a suit for specific performance of a section 9 of Code of Civil Procedure as
provided? contract (c) Section 9 Pecuniary
to the exclusion of jurisdiction of Civil
(a) Section 3 (d) a suit for recovery of rent other than Jurisdiction of Courts
Court, the Court is to primarily see the
(b) Section 4 house rent (d) Section 8 Presidency Small averments made in:
(c) Section 5 Ans. (d) [BJS 2000] Causes Courts
(a) Plaint only
(d) Section 6 91. The Code of Civil Procedure Ans. (c) [HADA 2016]
(b) Plaint and written statement only
Ans. (d) [HPJS 2007-11, UJS 2010, (Amendment) Act, 2002 came into force 96. All civil courts have jurisdiction to
(c) Plaint, written statement and
JJS 2016] on- try-
replication only
86. Which of the following Sections of (a) 1st April, 2002 (a) All suits of a civil nature
(d) Averment made in application for
the Civil Procedure Code is related to (b) 1st June, 2002 (b) All suits civil nature except suits of
return of plaint
pecuniary jurisdiction of Civil Court? (c) 6th June; 2002 which their cognizance is expressly
(e) None of these
(a) Section 4 (d) 1st July, 2002 not barred
Ans. (a) · [PJS 2017]
(b) Section 5 Ans. (d) [UJS 2002] (c) AU suits of civil nature except
suits of which their cognizance is 101. The rule of res sub judice as provided in
(c) Section 6 92. An original suit for the value of Rs. 20 Section 10 of Civil Procedure Code:-
(d) none of the above lac shall be instituted in the Court of: impliedly not barred
(d) All suits of civil nature except (a) stays the trial of the subsequent suit
Ans. (c) (MP APPO 2009] (a) High Court (b) stays the trial of the previous suit
suits of which their cognizance is
87. Code of Civil Procedure, 1908 is a (b) District Judge (c) prevents simultaneous hearing
expressly or impliedly barred
(a) substantive law (c) Civil Judge (lunior Division) of previous and subsequent suits
Ans. (d) [UP PCS 2003]
(b) procedural· law (d) Civil Judge (Senior Division) under all the circumstances
97. In which Section of the Civil Procedure
(c) combination of substantive law and Ans. (b) [UJS 2006] Code provision relating to "Suit of a (d) stays the institution of the subsequent
procedural law 93. Which of the following is not a decree? Civil nature" has been provided? suit
(d) directory law (a) Rejection of a plaint Ans. (a) [MP APPO 20091
(a) Section 8
Ans. (b) [RJS 2011) (b) Dismissal in default (b) Section 9 102. Existence of two suits, by parties
88. Pecuniary jurisdiction of civil court is (c) Both (a) and (b) (c) Section 10 litigating under same title, one
specified in- (d) Neither (a) nor (b) previously instituted which is pending
(d) Section 11 at present and the other filed later,
(a} A.P. Court Fees and Suits Valuation Ans. (b) [HPJS 2007-nJ Ans. (b) [UJS 2010]
Act, 1956
Code of Civil Proced11re, 1908 612 i11glta/ Law Publications
in India from trying a suit founded on Code of Civil Procedure, 1908 613
wherein a matter in issue in the Singha/ I.Jlw Publications
subsequently filed suit is directly and the same cause of action? (a) Section 15
(c) Stay of application
substantially in issue in the other and (a) Yes (b) Section 13 (d) Stay of execution
the relief claimed in the subsequent (b) No (c) Section 11 Ans. (a) (UJS 2015)
suit can effectively, be passed by the (c) It will depend on the nature of the (d} Section 10 115. Provisions of Section 10 of CPC are:
court of previous instance. Which uit Ans. (d) [HPJS 2012] (a) directory
section of CPC decides the fate of
(d) Finding will be said on valuation of 111. 'A' the tenant files a suit for permanent (b) mandatory
the subsequently filed suit and its
the suit injunction against 'B' the landlord for (c) non-mandatory
proceeding?
Ans. (b) [CJS 2003) not to be dispossessed except by due (d) discretionary
(a) Section 9
107. Which of the following is not an process of law pleading that 'B' is Ans. (b) (AJS 2011, PJS 2013, HJS 2014]
(b) Section 10 planning to forcibly dispossess him.
essential condition for the applicability 116. Under Section 10 of the Code of Civil
(c) Section 11 of the rule of sub judice? During the pendency of above suit,
Procedure, 1908, during the pendency
(d) Section 12 (a) The matter in issue in the 'B' attempts to forcibly disposes 'A'. of suit in a foreign court, Indian Courts
Ans. (b) I All India Bar 2013] subsequent suit must be directly 'A' files another suit for injunction.
.............. trying a suit founded on the
103. Section 10 of the Civil Procedure Code, and substantially in issue in the (a) The second suit is barred by res same cause of action
1908 does not apply when the previous previous suit. judicata (a) are precluded from
suit is pending (b) Both the suits must be between the (b) The rule of res sub judice will apply (b) are not precluded from
(a) in the same court same parties or their representatives. (c) Both (a) and (b) (c) do not have the jurisdiction of
(b) in a foreign court (c) Such parties must be litigating under (d) None of the above (d) none of the above
(c) in the court outside India established the same title in both the suits. Ans. (b) IHPJS 2012) Ans. (b) [PJS 2015)
or continued by the Central (d) The subject matter and the cause of 112. In the case of 'res sub judice' under 117. 'Former Suit' denotes that
Government action should be the same in both Section 10 of the Code of Civil (i) a suit which has been decided prior
(d) in any other court in India the suits. Procedure, the court can: to the suit in question
Ans. (b) [UP PCS CJ 2016] Ans. (d) [DJS 2010] (a) pass interim orders
(ii) whether or not it was instituted prior
104. Section 10 of Civil Procedure Code can 108. Under section 10, Code of Civil (b) grant of injunction thereto
come into operation Procedure, 1908, a court during (c) appoint a receiver
(a) Before filing of written statement in (a) is a true statement
pendency of a suit before it (d) all of the above
the subsequent suit (b) (i) is correct only
(a) can entertain and try second suit Ans. (d) [HPJS 2013)
(b) Before settlement of issues in (c) (ii) is correct only
(b) cannot entertain and proceed to try 113. Which is the correct essential conditions
subsequent suit (d) (i) is correct but (ii) is not
second suit for applicability of the rule of sub
(c) After settlement of issues in Ans. (a) (PSJS 2012}
(c) shall not proceed to try though may judice?
subsequent suit 118. The provisions of Res judicata are
entertain second suit (a) The matter in issue in the
(d) All of these also implemented in the case of the
(d) neither can entertain nor shall subsequent suit must be directly
Ans. <c) [HPJS 2007-1, DJS 2015) execution of decree:-
proceed for second suit and substantially in issue in the
105. Which of the following term means (a) the statement is correct
Ans. (c) [RJS 2011) previous suit.
"under consideration of a Court of (b) the statement is wrong or incorrect
109. Provisions of Section 10 of C.P.C. are (b) The parties must be litigating under
(c) the provisions of Res jt1dicata are
Law''?
(a) Directory the same title in both the suits.
(a) Sine quo 11011 implemented in the suits only
(b) Mandatory (c) Both (a) and (b)
(b) Res j11dicata {d) the provisions are not implemented
(c) Discretionary (d) Neither (a) nor (b) on pointing out by the judgement
(c) D011ble jeopardy Ans. (c) [DJS 2014]
(d) None of the above debtor
(d) Sub judice
Ans. (b) [HJS 2011] 114. The term "Res S11b Judice" means Ans. (a) IMP APPO 2008)
Ans. (d) [DJS 2015]
110. Which Sc.:~!;;!! ~f the ere Jays down (a) Stay of suit 119. In which of the following explanations
106. Whether the pendency of a suit in a (b) Stay of appeal to section 11 of Civil Procedure Code
the rule of res s11b j11dice?
foreign court wiJJ preclude the courts constructive res judicata is provided?
 Singha/ Law Publications Code of Civil Procedure, 1908 615 Singha/ Law Publications
Code of Civil Procedure, 1908 614
124. The doctrine of res [udicata under 129. 'Res judicata' does not apply to: (c) Q110 Warranto
(a) Explanation ill
Section 11 Code of Civil Procedure, (a) between co-plaintiffs (d) Habeas Corpus
(b) Explanation IV
1908 applies to: (b) between co-defendants Ans. (d) [ UJS 2002)
(c) Explanation V
(a) Decision of a court without (c) public interest litigation 134. The provisions of Res /udicata also
(d) None of these
jurisdiction (d) writ of habeas corpus apply to the execution proceedings of
Ans. Cb) [MP APPO 2009)
(b) A writ of mandamus and of certiorari Ans. (d) [HPJS 2013] a decree:
120. The rule of res judicata is based on the
(c) Consent/compromise decree 130. Whether an issue heard and finally (a) True
principle that:-
(d) A writ of habeas corpus decided by a competent court of (b) False
(a) there should be an end to litigation
Ans. (b) [HADA 2016) limited jurisdiction shall operate as res (c) Res j11dicata only applies to the suit
(b) no one should be troubled twice for
U5. Under which explanation of Section 11 judicata in a subsequent suit, that the (d) Not apply if objection raised by JDR
the same cause of action
of the Code of Civil Procedure, 1908, aforesaid court was not competent of Ans. (a) (CJS 2003]
(c) Both (a) and (b)
Constructive Res [udicata has been try:
(d) Neither (c) nor (d) 135. Under which explanation of Section-11
explained? (a) No of Civil Procedure Code Constructive
Ans. (c) [MP APPO 2009)
(a) Explanation-I (b) Yes Res judicata has been explained?
Ul. Principle of res judicata applies to
(b) Explanation-II (c) Answer would depend upon the (a) Explanation-I
(c) Explanation-ID nature of the issue (b) Explanation-II
(a)Suits only
(d) Explanation-IV (d) None of the above (c) Explanation-ill
(b)Execution proceedings only
Ans. (d) (PJS 2015) Ans. (b) [MP PCS 1996, (d) Explanation-IV
(c)
Arbitration proceedings only
126. Res Judicata does not operate CJS 2004, 2008)
(d)Suits as well as execution Ans. (d) [UP PCS CJ 2006)
(a) between co-defendants 131. The doctrine of constructive res judicata
proceedings is explained in: 136. Which one of the folJowing is not
(b) between co-plaintiffs essential condition for application of
Ans. (d) [MPCJ 2006, HPJS 2007-II,
(a) Section 11, explanation ID of Code
UP HJS 2014] (c) against a pro forma defendant Res /udicata?
(d) None of these of Civil Procedure
122. A suit was filed and disposed off (a) Previous suit was finally heard and
Ans. (c) [AJS 2011, DJS 2015) (b) Section 11, explanation IV of Code
by a Court which had no territorial decided by the Court of Competent
of Civil Procedure
jurisdiction to try it, That judgement 127. Constructive res judicata is contained Jurisdiction
and decree became final. Whether the in (c) Section 11, explanation V of Code of
(b) Previous suit must be pending
findings recorded in it operate as res (a) Explanation m to Section 11 of the Civil Procedure
before a Court
judicata in a subsequent suit between CPC . (d) Section 11, explanation VI of Code
(c) Parties in previous and the
the same parties. (b) Explanation VI to Section 11 of the of Civil Procedure
subsequent suits must be the same
(a) No CPC Ans. (b) (HPJ 2009]
(d) Subject matter of previous and the
(b) Yes (c) Explanation VII to Section 11 of the 132. The rule of constructive res judicata subsequent suits must be the same
(c) Depends on the facts and CPC is-
Ans. (b) [MPJS 2007)
circumstances of each case (d) Explanation IV to Section 11 of the (a) A product of judicial interpretation
137. Under which one of the following
(d) At the discretion of the court CPC (b) A rule of equity provisions of C.P.C. the principle of
Ans. (a) (APDSJ 2011] Ans. (d) [HJS 2014) (c) Contained expressly in C.P.C. constructive res judicata has been
123. What do the provisions of Section 11 128. Decision on question of limitation (d) A part of Supreme Court rules explained:
of Civil Procedure Code deal with? (a) operates as res [udicat« Ans. (c) [UJS 2002, HPJS 2012) (a) Section 11 explanation I
(a) Res judicata (b) does not operate as res judicata 133. In which of the following writs, (b) Section 11 explanation ill
(b) Res subjudice (c) operates as res judicata, if not the doctrine of res judicata is not (c) Section 11 explanation IV
(c) Garnishee Order erroneous applicable? (d) Section 11 explanation VII
(d) Foreign Judgement (d) none of the above (a) Certiorari Ans. (c) [UP PCS CJ 2008]
Ans. (a) [OJS 2011) (b) Mandamus
Ans. (a) [CJS 2016]

Code of Civil Procedure, 1908 616
138. The principle of Res /udicata
(a) applies to criminal proceedings also
(b) applies to suit only
(c) applies to execution proceedings
also
(d) can be decided by the parties to the
suit
Ans. (c) [BJS 2000]
139. Provisions with regard -to res judicata
are provided in Section of the
Code of Civil Procedure, 1908.
(a) Section 9
(b) Section 12
(c) Section 100
(d) Section 11
Ans. (d) (MPJS 2009)
140. Mark the incorrect statement in context
of a representative suit:
(a) If the person suing or defending
does not proceed with due diligence,
the court can substitute in his place
any person having the same interest
in the suit.
(b) The suit can be withdrawn,
compromised or abandoned by
the plaintiff after notice to all the
persons interested.
(c) Any decree passed in such a suit is
binding on all the persons interested.
(d) Res judicata is not applicable to such
a suit.
Ans. (d) [DJS 2010)
141. A decision is 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
Ans. (c) (PJS 2010]
142. The doctrine of res j11dicata as contained
in Section 11, is based on the maxim:
Code of Civil Procedure, 1908 617 Singha/ I.mu Publications
Si11glzal Law Publications
(a} Yes, with permission of court, in the files subsequent suit as manager of the
(a) Nemo debet bis vexari pro una eadem next suit. Math. ls the suit barred?
causa (b) No. (a) The second suit will be barred by
(b) Interest reipublicae ut sit finis Ii ti tum (c) Yes, if superior court directs, res judicata
(c) Lex non cogit ad i.mpassibilia (d) None of the above (b) The second suit will not be barred
(d) Executio juris non habet injuriam Ans. (b) (MJS 2010] by res judicata
Ans. (b) (MPJS 2010] 147. What is res-j11dicata? (c) The second suit is barred by res sub
143. Under which Section of Code of (a) A court judice
Civil Procedure provisions relating to (d) None of the above
(b} A tribunal.
"Principle of Res [udicata" has been Ans. (b) [HPJS 2012)
(c) A principle of law.
provided? 152. The rule of constructive res judicata
(d) None of the above.
(a) Section 11 applies to writ proceedings, however
(b) Section 10
Ans. (c) [MJS 2010]
does not apply to writ of:
148. The rule of 'res-judicata' is not
(c) Section 12 (a) Habeas corpus
applicable in the writ of:
(d) Section 13 (b) Certiorari
(a) Quo-warranto
Ans. (a) (UJS 2010] (c) Mandamus
(b) Prohibition
144. A decision or finding given by a Court (d) Quo warranto
(c) Habeas Corpus
or a Tribunal without jurisdiction: Ans. (a) [HPJS 2012]
(d) Mandamus
(a) Can operate as res judicata under all 153. Constructive res-j11dicata is contained
circumstances
Ans. (c) [HPJS 2011)
in which of the following?
149. Section 11 of the Code of Civil
(b) Cannot operate as res judicata (a) Explanation Ill to Section 11
Procedure contains:
(c) Cannot operate as res judicata under
(a) Five Explanations (b) Explanation IV to Section 11
certain circumstances only
(b) Six Explanations (c) Explanation VI to Section 11
(d) May operate as res judicata or may
(c) Seven Explanations (d) Explanation VIII to Section l1
not operate as res judicata
(d) Eight Explanations Ans. (b) [UJS 2012)
Ans. (b) [DJS 2011]
Ans. (d) [HPJS 2011] 154. "Any relief claimed in the plaint, which
145. Suit for partition of properties situated
150. The doctrine of res judicata is based on is not expressly granted by the decree,
in different cities:
maxims: shall, for the purposes of this section,
(a) Cannot be instituted and separate be deemed to have been refused. "This
(a) Nemo debt bis uexari pro 1ma et eadem
suits have to be filed in each of provision is incorporated in;
the cities where the properties are causa (Non man should be vexed
twice for the same cause) (a) Section 11, Explanation ll
situated
(b) Interest republicae ut sit finis liti11111 (It (b) Section 11, Explanation ID
(b) Can be instituted in a city where
any of the properties is situated is in the interest of state that there (c) Section 11, Explanation IV
should be an end to a litigation) (d) Section 11, Explanation V
(c) Can be instituted in a city where
majority of the properties or (c) Res judicata pro veritate occipitur (a Ans. (d) [HJS 2013]
properties/property of maximum judicial decision must be accepted 155. Petitions to the Supreme Court under
value is situated as correct) Article 32 are subject to the rule of Res
(d) Can be instituted where the (d) AH of the above judicata except
defendants or any of them reside(s) Ans. (d) (HPJS 2012] (a) Quo Warranto
Ans. (b) [DJS 2011) 151. 'A' sues for possession of Math (b) Habeas Corpus
146. A suit for specific performance property as an heir of Mahant. The (c) Certiorari
of contract is dismissed. Whether suit is dismissed on his failure to (d) Prohibition
subsequent suit for compensation for produce the succession certificate. 'A'
Ans. (b) [H]S 20131
breach of contract is maintainable?
 Code of Civil Procedure, 1908 619 Singha/ Lllw Publications
Code of Civil Procedure, 1908 618 Singha/ Law P11blicatio11s
and decree became final. Whether the (c) conclusive
156. Res-judicata means (d) VII to Section 11 of the Code of Civil
findings recorded in it operate as res (d) advisory
(a) Staying the suit during pendency of Procedure
judicata in a subsequent suit between Ans. Cd [MP HJS 2011 I
the previous suit between the same Ans. (c) [HPJS 2015)
the same parties.
parties involving similar issues 161. The provisions of Res judicata also 170. Section 14 of CPC enacts that the Court
(a) No shall presume, upon the production of
(b) Not trying the suit if suit involving apply to the execution proceedings of
(b) Yes a certified copy of a foreign judgment,
imilar issues between similar a decree
parties is decided (a)Yes (c) Depends on the facts and that such judgment was pronounced
circumstances of each case by a Court of competent jurisdiction.
(c) Bar to further suit (b)No
(d) At the discretion of the court This presumption is
(d) Expen ding trial of the suit (c)
Only applies to the suit
Ans. (a) [APDSJ 2011) (a) rebuttable presumption of fact
Ans. (b) [MPJS 2012) (d)Not apply if objection raised by
166. The principle of Private International (b) irrebuttable presumption of fact
157. Doctrine of res judicata as contained in judgment Debtor
Law is incorporated in (c) rebuttable presumption of law
Section 11 of the Civil Procedure Code Ans. (a) [MPJS 2015)
is based on the maxim (a) Sections 13 and 14 of the Code of (d) irrebuttable presumption of law
162. Principle of res-judicata is
(a) interest reipublicae ut sit finis litium Civil Procedure Ans. (c) [MP HJS 2014)
(a) mandatory
(b) Sections 15 and 16 of the Code of 171. On production of a certified copy of the
(b) qui facit per alium facit per se (b) directory
Civil Procedure foreign judgment, the presumption as
(c) ex turpi causa non oritur actio (c) discretionary
(c) Sections 17 and 18 of the Code of to the competency of the court, under
(d) ubi jus ibi remedium (d) None of the above section 14 of CPC is a:
Civil Procedure
Ans. (a) [Bihar APO 2013] Ans. (a) [UP PCS CJ 2016) (a) Presumption of fact
(d) Sections 19 and 20 of the Code of
158. An order passed without jurisdiction, 163. Which one of following conditions (b) Presumption of fact & law both
Civil Procedure
attains finality in favour of some must be satisfied in order to apply (c) Rebuttable presumption of law
parties. Whether principle of res Ans. (a) [HPJS 2015]
the rule of res judicata as between co- (d) lrrebuttable presumption of law
judicata, under C.P.C., would apply to 167. Validity of a foreign judgment can be
defendants? Ans. (c) [HPJS 2007-I, DHSJ 2014)
such an order, between same parties? challenged under Section 13 of CPC
(a) There should not be conflict of 172. Which Section of the CPC declares
(a) Yes (a)in a civil court only
interest between the defendants that the court shall presume, upon the
(b) No (b)in a criminal court only
(b) They must be co-defendants in more production of any docum ent purporting
(c) Depen ds upon the nature of suit in both civil and criminal court
(c)
than one suit to be a certified copy of a foreign
(d) It is discretion of Court (d)neither in civil nor in criminal court
(c) The question between the defendants judgment, that such judgment was
Ans. (b) [MPJS 2013-Il) must have been finally decided Ans. (a) [AJS 2011, BJS 2013)
pronounced by a court of competent
159. Principle of res judicata applies (d) The question between the defendants 168. Under Section 13 of CPC which of
jurisdiction, unless the contrary
must not have been finally decided the following judgments shall not be
(a) between co-plaintiffs appears on the record, or is proved?
conclusive?
(b) between codefendants Ans. (c) [MP HJS 2011) (a) Section 13
(a) Judgment not on merit.
(c) Both (a) and (b) 164. The doctrine of res i!'dicata as contained (b) Section 14
in Section 11 of the Code is based on (b) Judgment founded on breach of
(d) Neither (a) nor (b) Indian law. (c) Section 19
Ans. (cl [BJS 2013) the ma.xim- (d) Section 20
(a) Nemo debit Lis uexari pro ,mo eadem (c) Judgment against International law.
160. A decision in a suit may operate as res- (d) All of the above Ans. (bl [HPJS 2012, DJS 2015)
judicata against persons not expressly causa
Ans. (d) [UJS 2014] 173. Under Section 15 of the Code of Ovit
named as parties to the suit by virtue (b) Interest republicae 111 sit finis litum
Procedure, every suit shall be instituted
of 'Explanation' (c) Both (a) and (b) 169. A foreign judgment, not covered by
in
(a) Jl to Section 11 of the Code of Civil (d) Neither (a) nor (b) any of the exceptions, under Section
13of C.P.C., shall be as to any (a) district Court
Procedure Ans. (c) [MP HJS 2010) (b) the court of lower grade
matter thereby directly adjudicated
(b) IV to Section 11 of the Code of Civil 1~5. A suit was filed and disposed off (c) the court of higher grade
upon between the same parties
Procedure by a Court which had no territorial
(a) persuasive (d) all of the above
(c) VI to Section 11 of the Code of Civil jurisdiction to try it. That judgement
(b) wholly irrelevant Ans. (b) (UJS 2009]
Procedure
Cod,ofCiuil Proc,dur,, 1908 620
174. Where the local limits of jurisdiction
of Courts are uncertain, the place of
institution of suit shall be decided
according to the provisions of
(a) Section 16 of CPC
(b) Section 17 of CPC
(c) Section 18 of CPC
(d) Section 19 of CPC
Ans. (cl (UJS 2012]
175. Suit relating to immovable property
can be filed under Section 16 of Civil
Procedwe Code in such a court within
whose local jurisdiction:-
(a) the defendant resides
(b) the defendant carries on business
(c) the property is situated
(d) the plaintiff resides or carries on
business
Ans. (c) (MP APPO 2009 ]
176, A suit for compensation for wrong
done lo the person or lo movable
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 opinion of the
plaintiff
(d) can be instituted anywhere in India
Ans. (c) (UP HJS 2012]
177. Which of the following statements is
true?
(a) A suit for recovery of immovable
property shall be instituted in the
court in whose jurisdiction the
property is situated.
(b) A suit for partition of immovable
property shall be instituted in the
court in whose jurisdiction the
defendant resides or works for gain.
Singha/ Law Public~tions
(c) Both (a) and (b)
(d) Neither (a) nor (b)
Ans. (a) [DJS 2014]
178. An immovable property held by Y is
situated at Bhopal and the wrongdoer'
personally works for gain at Indore A
suit to obtain compensation for wrong
to the property may be instituted:
(a) At Bhopal
(b) At Indore
(c) Either at Bhopal or at Indore
(d) None of these
Ans. (c) (MP PCS 1996]
179. A suit relating to immovable prop.
shall be instituted at a place
(a) where the defendant resides
(b) where the prop is situated
(c) either (a) or (b)
(d) none of the above
Ans. (b) [DJS 2007]
180. Suit for partition of immovable property
shall be instituted in the Court where:
(a) Plaintiff resides
(b) Plaintiff carries on his profession
(c) Subject matter is situated
(d) With the permission of the District
Judge, in any Court
Ans. (c) [MPJS 2007)
181. Subject to the pecuniary or other
limitations prescribed by any law
suits for recovery of possession of
immovable property must be instituted
in the court
(a) within whose jurisdiction both the
parties reside
(b) within whose jurisdiction the
defendant resides
(c) within whose jurisdiction the
plaintiff resides
(d) within whose local limits of
jurisdiction the property is situated
Ans. (d) [BJS 2000]
Code of Civil Procedure, 1908
182, X is living in Pune and. Y, his brother
in Mumbai. X wants lo file a suit for
partition of their joint property situated
in Delhi and Bangalore.
(a) The suit may be instituted in Delhi
only.
(b) The suit may be instituted in
Bangalore only.
(c) The suit may be instituted either in
Delhi or Bangalore.
(d) None of the above.
Ans. (c) [DJS 2010]
183. Suit for partition of immovable
property may be instituted:-
(a) Where plaintiff resides
(b) Where plaintiff carries on business
(c) Where subject matter is situate
(d) Where defendant resides
Ans. (c) [CJS 2008]
184. 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
Ans. (a) [MPJS 2012]
185. A suit relating to immovable property
shall be instituted at a place:
(a) Where the defendant resides
(b) Where the property situated
(c) Where the plaintiff resides
(d) None of the above
Ans. (b) (HPJS 2016]
186. Under Section 16 of Code of Civil
Procedure, a suit relating to movable
property can be filed in a court within
whose local jurisdiction:
(a) The property in situate
(b) The defendant voluntarily resides or
personally works for gain
621 Singh,,/ Lllw Publications
(c) The defendant voluntarily resides or
carries on business
(d) Either (a) or (b) or (c)
(e) None of these
Ans. (a) · [PJS 2017]
187. Which of the followings is a leading
case on the exclusion of the jurisdiction
of Civil Courts?
(a) Dhulabhai v. State of M.P
(b) GundJlji v. Ramchandra.
(c) Noor Mohd. Khan v. Fakirappa.
(d) All of the above.
Ans. (a) [UP HJS 2009]
188. Place of institution of suit in respect of
immovable property, situated within
the jurisdiction of different courts, !us
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
Ans. (a) (WBJS 2011]
189. Where the local limits of jurisdiction
of courts are uncertain, the place of
institution of suit shall be decided
according to the provision of-
(a) Section 17 of C.P.C.
(b) Section 18 of C.P.C.
(c) Section 19 of C.P.C.
(d) Section 20 of C.P.C.
Ans. (b) [UJS 2002, UP PCS 2003,
UP PCS CJ 2016)
190, Section 18 of the Civil Procedure Code
provides for
(a) Place of institution of suit in respect
of immovable property where
the property is situated in the
jurisdiction of one court
(b) Place of instruction of suit in respect
of immovable property where
the property is situated in the
jurisdiction of different courts
Code of Civil Procedure, 1908
(c) Place of institution of suits in respect
of immovable property where the
, local limits of jurisdiction of courts
are uncertain
(d) All the above
Ans. (c) (UP PCS CJ 2006)
191. Where the local limits of jurisdiction
of courts are uncertain, the place of
institution of suit shall be decided
(a) Section 17 of Civil Procedure Code
(b) Section 20 of Civil Procedure Code
(c) Section 19 of Civil Procedure Code
(d) Section 18 of Civil Procedure Code
Ans. (d) [UP PCS CJ 2016)
192. 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
Ans. (d) (RJS 2015, Raj HJS 2015]
193. The Code of Civil Procedure
(a) applies to the whole of India except
Jam.mu and Kashmir
(b) applies to the whole of India
(c) applies to the whole of India except
[ammu and Kashmir and Nagaland
(d) applies to the whole of India except
Jammu and Kashmir, Nagaland and
Tribal Areas
Ans. (d) [OJS 2011]
622 Si11glial l.nw P11b/icatio11s Code of Civil Procedure, 1908 623 Si11gl1JJI I.mo Publications
194. Mohan residing in Mumbai beats 199, The general principle of waiver that with the essence of this code that
Sohan in Delhi. Sohan may sue Mohan: provides the failure to raise objection "Objections as to local or pecuniary
(a) only in Mumbai in the court of the first instance and at jurisdiction shall be raised at the first
the earliest opportunity shall prevent opportunity
(b) only in Delhi
the defendant from raising such (a) Section 21
(c) either in Mumbai or in Delhi
objection at a subsequent state and (b) Section 22
(d) none of these the judgment would not be vitiated
Ans. (c) [MPCJ 2006) (c) Section 24
on the ground of absence of territorial
195. A suit shall be instituted in a Court or pecuniary jurisdiction is reflected
(d) Section 25
within the local limits of whose in which provision of Civil Procedure Ans. (a) [UJS 2006, UP PCS CJ 2008]
jurisdiction: Code. 204. Objection to the place of suing can be
(a) The plaintiff resides (a} Section 15 allowed to be taken .
(b) The Stamp Paper for entering into (b) Section 16 (a) any time
the contract was purchased (c) Section 51 (b) directly in appeal
(c) Where no cause of action in part or (d) Section 21 (c) only at the first opportunity in the
full arose trial court
Ans. (d) [All India Bar 2014]
(d) Where the cause of action or in part (d) none of the above
200. According to Section 21 of the CPC
arose Ans. (d (MJS 2010)
when can an objection as to the place
Ans. (d) (MPJS 2009) 205. Which Section of the Code of Civil
of the suing be taken?
196. A suit for damages for breach of Procedure provides that the objections
(a) Any time
contract can be filed at a place: as to the territorial and pecuniary
(b) Can be taken at appellate or revision
(a) Where the contract was exervted jurisdiction must be raised at the first
stage for the first lime
(b) Where the conn ..... t was to be opportunity?
(c) Before the Court of first instance at
performed (a) Section 19
the earliest possible opportunity
(c) Where the plaintiff resides (b) Section 20
(d) None of the above ·
(d) Both (a) and (b) (c) Section 21
Ans. (c) [MP H)S 2015)
Ans. (d) [DJS 2011) (d) Section 22
201. Section 21 of the CPC deals with
Ans. (d [HPJS 2011)
197. A Corporation, under Section 20 of
CPC, is deemed to carry on business at: 206. Under which provision of the C.P.C,
(a) pecuni ary and Territorial jurisdiction is a suit to set aside a decree on the
(a) its principle office in India (b) subject matter and personal ground of lack of terriforial jurisdiction
(b) its subordinate office in India jurisdiction barred?
(c) both (a) and (b) (c) personal and admiralty jurisdiction (a) Section 21
(d) none of the above (d) probate and summary jurisdiction (b) Section 21A
Ans. (c) (PJS 2011) Ans. (a) [CJS 2016) (c) Section 22
198. 'A' residing in Mumbai publishes 202. Objection as to place of suing shall be (d) Section 37
statements defamatory against 'B' in allowed in the court of first instance is Ans. (b) [APJS 2011)
Delhi. Where can 'B' file a suit for the essence of:
207. Under the Code of Civil Procedure,
compensation against 'A'? (a) Section 21A of C.P.C. 1908, objection to jurisdiction as to
(a)Only at Delhi (b) Section 20 of C.P.C. the place of suing shall not be allowed
(b)Only at Mumbai (c) Section 22 of C.P.C. by any Appellate or Revisional Court.
(c)Either in Delhi or Mumbai (d) Section 21 of C.P.C. Unless such objection was taken
(d)Where 'B' himself resides Ans. (d) [UP PCS CJ 2006, UJS 2010) (a) in the court of first instance.
Ans. (c) [UJS 2012] 203. Which one of the following sections of (b) at the earliest possible opportunity.
the Civil Procedure Code, 1908 deals
Code of Civil Procedure, 1908 624 Singha/ I.Aw P11blications
Code of Civil Procedure, 1908 625 Singha/ U1W Publications
(c) and there has been a consequent (c) Section 24
(c) Section 28 222. Under Section 32 of CPC, to compel
failure of justice. (d) Section 15
(d) Section 25 the attendance of a person to whom a
(d) when all the conditions of (a), (b) Ans. (c) [UJS 2016)
Ans. (a) (UJS 2002) summon has been issued under Section
and (c) are fulfilled. 213. Which of the following orders is not
218. In every plaint, under Section 26 of 30 of CPC, the Court is empowered to
Ans. (d) [UP PCS CJ 2013) appealable under the Code of Civil
CPC, facts should be proved by {a) issue a warrant for his arrest
208. Objection to the territorial jurisdiction Procedure
(a) oral evidence (b) attach and sell his property
of a Court can be allowed if it is raised (a) An order under Section 95
(b) affidavit (c) impose a fine not exceeding Rs.
(a) At any stage of the trial (b) An order under Order XL Rule 1
(c} document 5,000
(b) At any time before the plaintiff (c) An order under Order XI Rule 21
(d) none of the above (d) either (a) or (b) or (c)
leads his evidence (d) An order under Section 24
Ans. (b) [PJS 2011] Ans. Cd> [WBJS 2011 J
(c) At the earliest possible opportunity Ans. (d) [RJS 2010)
and before issues are settled 219. Which Section of CPC provides for 223. Under section 32 of CPC, the maximum
214. Under which provision of Civil fine which can be imposed by the court
(d) Even at the stage of appeal Procedure Code, a Supreme Court can institution of suits?
(a) Section 25
for compelling the attendance of any
Ans. (c) [MPJS 2012) transfer a case? person to whom a summons has been
209. Objection as to place of suing shall be (a) Section 25 C.P.C. (b) Section 26
issued under section 30;
taken in the Court of first instance, is (b) Section 20 C.P.C. (c) Section 28
{a) Two thousand rupees
the essence of Section of the (c) Section 12 C.P.C. (d} Section 30 (b) Three thousand rupees
Code of Civil Procedure, 1908. Ans. (b) [HPJS 2012)
(d) Section 15 C.P.C. ·', (c) One thousand rupees
(a) 21A 220. Under Section 26 of the Civil Procedure
Ans. (a) [BJS 2009) (d) Five thousand rupees
(b) 20 Code, 1908, in every plaint, facts should
215. Section 25 of the CPC provides for Ans. (d) (HJS 2013)
(c) 22 which of the following? be proved by
224. Where a decree is silent as regards
(d) 21 (a) Power of the Supreme Court to (a)
affidavit
future interest
Ans. (d) lPJS 2015) transfer suits (b)
oral evidence
(a) Future interest shall be deemed to
210. The general power to transfer suits (b) Power of the High Courts to transfer (c)
document
have been refused and a separate
under section 24 has been granted to: suits (d)
examination of plaintiff suit shall lie for the same
(a) High Court (c) Power of District Courts to transfer Ans. (a) [UP PCS CJ 2016) (b) Future interest shall be deemed to
(b) District Court suits 221. A person against whom summons has have been refused and a separate
(c) Both (a) and (b) (d) Power of Commissioner to transfer been issued may be compelled under suit shall not lie
(d) Supreme Court
suits Sec. 32 of C.P.C. to attend by- (c) Only (a) is correct
Ans. (a) [UJS 2012) (1) Issue of a warrant (d) None of the above
Ans. (c) lHJS 2013)
211. The general power of transferring suits 216. By whom can the transfer of suit or (2) Attachment and sale of his property Ans. (b) [HHJS 2011]
under Section 24 of CPC lies with proceedings from one state to other (3) Imposing a fine 225. Under Section 34 of Civil Procedure
state be ordered? Code, Court can award interest from
(a) High Court and the District Court (4) Ordering him to furnish security for
(a) Central Government the date of decree to the date of
(b) High Court and Supreme Court his appearance
(b) Supreme Court payment or such earlier date as the
(c) High Court Select the correct answer with the help
(c) High Court Court thinks BL Rate of such interest
(d) District Court of the code given below-
(d) Parliament shall not exceed per annum.
Ans. (a) [HJS 2014) Code:
Ans. (b) (CJS 2016) (a) Nine per cent
212. Under which provision of Civil (a) 1 and 4
217, The provision for the institution of (b) Ten per cent
Procedure Code, a High Court can (b) 3 and 4
suits is given in which of the following (c) Six per cent
transfer any case? (c) 1, 2 , 3 and 4
(a) Section 20
sections of C.P.C.7 (d) Twelve per cent
(a) Section 26 (d) 2 and 4 Ans. (cl [MP PCS 2001, CJS 2004)
(b) Section 12 Ans. (c) [UJS 2002]
(b) Section 30 226. Where a decree is silent as regards
future interest:
Code of Civil Procedure, 1908 626 Si11g/1i1/ Law P11blicatio11s Code of Civil Procedure, 1908 627 Singha/ lAw Publicotums
(a) Future interest shall be deemed to (c) Rs. 10,000 235, Compensatory costs in respect of false (a) Two thousand rupees or the amount
have been refused and a separate (d) without any limit or vexatious claim or defence can be within its pecuniary jurisdiction
suit shall lie for the same awarded upto whichever is less
Ans. (a) [MP HJS 2014]
(b) Further interest shall be deemed to (a) Rs. 10,000 (b) Three thousand rupees or the amount
231. Wh.at is the maximum amount of
have been refused and a separate compensatory costs that can be awarded (b) Rs. 1,000 within its pecuniary jurisdiction,
suit shall not lie under Section 35A(2) of the Code of (c) Rs. 500 whichever is less
(c) Future interest shall be deemed to Civil Procedure, 1908? (d) Rs. 3,000 (c) Four thousand rupees or the amount
have been inadvertently omitted (a) Rs. 1000 within its pecuniary jurisdiction,
Ans. (d) [BJS 2000]
and an application can be moved whichever is less
(b) Rs. 2000 236, Compensatory costs can be imposed:
before the court (d) Five thousand rupees or the amount
(c) Rs. 3000 (a) If the claim (or defence) is false
(d) Future interest shall be deemed to within its pecuniary jurisdiction
have been granted and it shall be (d) Rs. 4000 or vexatious and subsequently whichever is less
a clerical or arithmetical error to be Ans. (c) [PJS 2015] disallowed or withdrawn.
Ans. (b) [MP PCS 2001]
corrected on application 232. Under the Code of Civil Procedure, (b) If objection to the false or vexatious
240. Maximum amount which a court mily
Ans. (b) [HPJS 2007-I] 1908, for the first time provision for claim or defence has been taken by
order for pilyment of compensatory cost
'127. Provision for interest in CPC has been compensatory costs in respect of false the party at the earliest opportunity.
in case of false or vexatious clilims or
made or vexatious claims or defences, has (c) Both (a) and (b) are correct. defences under Civil Procedure Code,
(a) under Section 32 been made under (d) Both (a) and (b) are incorrect. 1908, is
(b) under Section 34 (a) Section 35 of the Code Ans. (c) [DJS 2010] (a) Rs. 10,000
(c) under Section 35A (b) Section 35(B) of the Code 237. Costs imposed under Section 358 of (b) Rs. 3,000
(d) under Section 35B (c) Section 35(A) or the Code CPC: (c) Rs. 25,000
Ans. (b) [WBJS 2011] (d) Section 34 of the Code (a) shall be included in the costs (d) Any amount
228. In civil proceedings where a decree is Ans. (c) [UP PCS CJ 2013] awarded in the decree passed in the
Ans. (b) [UJS 2015]
silent as regards future interest; future 233. In the Code of Civil Procedure, Section suit
interest shall be deemed to have been
241. Every suit shall be instituted in the
358 is added by the Amendment Act of (b) shall not be included in the costs
court of the lowest grade competent to
refused and a separate suit shall not 1976 for providing: awarded in the decree passed in the
lie- try it. This provision relates to
(a) compensatory costs suit
(a) True (a) Territorial jurisdiction
(b) costs for causing delay (c) shall, if not paid, be executable
(b) False against the person on whom the (b) Pecuniary jurisdiction
(c) general costs
(c) Partly true costs have been imposed (c) Both (a) & (b)
(d) miscellaneous costs
(d) None of the above (d) only (b) and (c) · (d) Jurisdiction as to subject-matter
Ans. (b) [HPJS 2013]
Ans. (a) [APJS 2011] Ans. (d) [PJS 20111 Ans. (c) [UP PCS CJ 2016)
234. Where the liability in relation to
'129. In case of a decree for the payment of 238. Which one of the following order is 242. Jurisdiction of a court is decided by:
sum adjudged has not arisen out of a
money, the Court can order interest at commercial transaction, the maximum appealable? (a) Subject-matter of the dispute
the rate of yearly rate of interest awardable under (a) Order Under Section 35 (b) Pecuniary value of the suit
(a) 6% per annum section 34(1) of the C.P.C. from the date (b) Order Under Section 35A (c) Place where the dispute arose
(b) 12% per annum of decree for payment of money to date (c) Order Under Section 358 (d) All of the above
(c) 9% per annum of payment is: (d) Order Under Section 90 Ans. (d) [HPJS 2016]
(d) 15% per annum (a) 12% 243. The principle of constructive res-
Ans. (b) [UJS 2016]
Ans. (a) [MPJS 2012] (b) 18% judicata was explained by the Hon'ble
239. Any amount which a Court will order
230. Compensatory costs under Section 35A (c) 10% to be paid as compensatory costs in Supreme Court in the case of
of CPC can be imposed to the extent of (d) 6% respect of false or vexatious claims or (a) Daryao v. State of U.P.
(a) Rs. 3,000 Ans, (d) [MP PCS 1996] defences, shall not exceed the amount (b) State of U.P. v. Nawab H"'5S'lin
(b) Rs. 6,000 of- ·
 Code of Civil Procedure, 1908 629 Singha/ Ll1w Publications
Code of Civil Procedure, 1908 628 Singha! Law Publications
(a) Industrial disputes act (a) Delhi only
(c) Both (a) and (b) above (c) Suit for redemption of mortgaged (b) income-tax recovery under income- (b) Kolkata only
(d) None of the above property tax act (c) either Delhi or Kolkata
Ans. (b) [UJS 2016) (d) Suit for rent in respect of immovable (c) Administrative Tribunal Act (d) anywhere in India with the leave of
244. In which condition the officer in charge property (d) All of the above the court
of the prison may refuse to produce the Ans. (d) [UJS 2002] Ans. (d) [DJS 2007] Ans. (c) [Jq 2000]
prisoner for evidence despite Court's 247. Which one of the following is not a 252. Court may make order for the payment 257. Which one of the following suits is not
order? suit of civil nature under C.P.C.? of Compensatory costs from any party of a civil nature?
(a) Where the prisoner is related to (a) A suit against deprivation from submitting false, claim or defence: (a) Suits relating to rights to property
Ruling Party attending social functions (a) upto Rs. 5,000 (b) Suits for rents
(b) Where the prisoner is Ex-minister (b) A suit for arrears of salary (b) upto Rs. 3,000 (c) Suits for recovery of voluntary
(c) Where the prisoner is Government (c) A suit for right of burial (c) upto Rs. 1,000 payments or offerings
Servant (d) Asuit for restitution of conjugal (d) Any amount without limit (d) Suits against dismissals from service
(d) Where the Medical Officer has
certified that prisoner is unfit to be
rights Ans. (b) [MPJS 2007] Ans. (c) oq 2000)
Ans. (a) [UJS 2002) 253. Which of the following is not a right 258. For transfer of a suit from one court
removed by the reason of sickness
248. Which of the following is not a case on of civil nature: to another by defendant where both
Ans. (d) [MP PCS 1998) court are subordinate to different High
res-judicata? (a) Caste & Religion
245. In reference of District Court, which (b) Right to services which are honorary Courts, the application lies to
(a) Duche's of Kington case
one of the following statements is not (a) State Government
(b) Chhajju Ram v. Neki & gratuitous
correct?
(c) Munni Bibi v. Trilok Nath (c) Brij jijmam rights (b) To Supreme Court
(a) It can transfer any suit, appeal or (c) To High Court in whose jurisdiction
(d) Byram Pestonji Kariwala v. Union of
(d) Both (a) & (b)
other proceeding pending before it the court in which suit is brought is
for trial to any Court subordinate to India Ans. (d) [HPJS 2007-1)
254, A decision on issue of law: situated
it and competent to try or dispose of Ans. (b) (UJS 2006)
(a) Shall always operate as res-judicata (d) To any two of High Court's
the same 249. The doctrine of res-judicata is not
(b) Shall never operate as res-iudicaia Ans. (c) [DJS 20081
(b) It can withdraw any suit and appeal applicable in the case of following
or other proceeding pending in any (c) May or may not operate as res- 259. Jurisdiction lies to the court where the
writ:
Court subordinate to it judicata property immovable in nature falls
(a) Habeas Corpus (a) Particularly in jurisdiction
(c) It can try or dispose of the suit, appeal (d) Either (a) or (b)
(b) Certiorari (b) Substantially in jurisdiction
or other proceeding withdrawn Ans. (c) [HPJS 2007-1)
(c) Mandamus (c) Both (a) & (b)
from any Court subordinate to it 255. Assertion (A): The rule of constructive
or it may transfer the same for trial (d) Quo-warranto res judicata is applicable to writ petitions. (d) Only to High Court
or disposal to some other Court Ans. (a) (UJS 2006) Reason (R): Public policy considerations Ans. (b) [DJS 2008]
subordinate to it and competent to 250. The court may compel the attendance underlying res judicata also hold true in 260. Which maxim denote the purpose of
try or dispose of the same of any person to whom a summons has relation to writ proceedings. Code: "res judicata":
(d) It cannot retransfer any suit, appeal been issued under Section 32 C.P.C. (a) Both A and R are true and R is the (a) Interest rupublicae ut sit finis litum
or other proceeding to the Court and for the purpose may impose a fine correct explanation of A (b) Nemo debet I is vexari pro una et eadem
from which it was withdrawn upon him not exceeding:
(b) Both A and Rare true but R is not causa
Ans. (d) [MP PCS 2001] (a) Rs. five hundred the correct explanation of A (c) Resjudicata pro veritate occipiture
246. Which one of the following is not a (b) Rs. one thousand (c) A is true but R is false (d) All of the above
suit relating to immovable property? (c) Rs. three thousand (d) A is false but R is true Ans. (d) [HPJ 2009)
(a) Suit for recovery of immovable (d) Rs, five thousand Ans. (a) OCJ 2000] 261. On which of the following maxim the
property Ans. (d) (UJS 2006) 256. A residing in Delhi publishes in doctrine of 'Res Judicata' is based?
. (b) Suit for partition of immovable 251. Civil Court's jurisdiction is not barred Kolkata statements defamatory of B. B (a) Qui facil per a/illm Jacit per se
property in proceedings under may sue A in (b) Ex turpi causa no11 orihir actio
 630
Codt of Civil Procedure, 1908
(c) Respondent superior
(d) Interest rep11blica 11t sit finislr litium
Ans. (d) [UJS 2009]
262. 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.
Ans. (b) [DJS 2010]
263. In which of the following cases, the
doctrine of constructive res judicata is
not applicable:
(a) A sues B on a contract and obtains
a 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 has come
to his share on partition of Joint
Family Property. B's contention 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 chaUenges the promissory
Si11ghal Law Publication,
note on the ground of coercion and
fraud in a subsequent suit.
(d) All of the above.
Ans. (b) [DJS 2010]
264. Which one of the following is not
necessary for the applicability of the
doctrine of res-judicata
(a) Former suit must be pending before
a competent court
(b) Fonner suit must have been heard
and finally decided by a competent
court
(c) Parties in the former suit as well
as the subsequent suit must be the
same
(d) Subject matter in the former and the
subsequent suit must be the same
Ans. (a) [C]S 2008]
265. Which of the following suits is not
triable by a Civil Court:-
(a) For declaration that A is widow of
B (b) That the matter in issue in the
(b) For possession of land
(c) Petition for divorce
(d) For consolidation of holdings
Ans. (d) [C]S 2008]
266. In which of the following cases res-
judicata is not applicable
(a) consent/ compromise decree
(b) dismissal in default
(c) both (a) & (b)
(d) none of the above
Ans. (c) [HJS 2010]
267. As per the Civil Procedure Code as
applicable to Delhi, a suit for specific
performance of a contract of sale of
immovable property can be filed:
(a) Only in the Court within whose
jurisdiction the property is situated
(b) Either in the Court where the
immovable property is situated
or also in the Court where the
defendant resides
code of Civil procedure. 1908
(c) Besides the Courts mentioned in
(b) above, also in the Court within
those jurisdiction the contract was
entered into
(d) Only in the High Court of Delhi
Ans. (b) [DJS 2011]
268. An application for residential order
shall be made by a victim of domestic
violence before a
(a) Civil Judge (Senior Division)
(b) Magistrate of the First Class
(c) Family Court
(d) Mediation Centre established by the
High Court
Ans. (b) [RJS 2011]
269, Which of the following is not the
requirement for stay of suit under
Section 10 of the Code of Civil
Procedure?
(a) That parties to both the suits must
be the same
second suit must be directly and
substantially in issue in prior suit
(c) That prior suit must be pending in
the same court or in any court in
India, having jurisdiction to grant
the relief claimed
(d) That where the previously instituted
suit is pending, such court is of
competent jurisdiction to grant the
relief claimed in subsequent suit
Ans. (d) [MJS 2011J
270. Where the person summoned cannot,
by the exercise of due diligence, be
found, the summons may be served
(a) By affixing the same on the notice
board of the Municipal Council of
Gram-Panchayat as the case may be
(b) By leaving one of the duplicates of
the same for him with some adult
male member of his family residing
with him, and the person with
whom the summons is so left shall,
if so required by the summoning
631 Singhlll i.Jlw Publiclltions
officer, sign a receipt therefore on
the back of the other duplicate
(c) By affixing the same on the
conspicuous place of his house
(d) By serving the same on the servant
of the person summoned and obtain
from him the acknowledgement
thereof on the back of the duplicate
Ans. (c) [M]S 2011]
271. Which of the following is • basis of the
jurisdiction of • court?
(a) Subject matter
(b) Pecuniary value
(c) Local limits
(d) All of these
Ans. (d) [HPJS 2012]
272. Which of the following suits is of civil
nature?
(a) Suits relating to right to property
(b) Suits relating to right of worship
(c) Suits for damages for civil wrongs
(d) All of the above
Ans. (d) [HPJS 2012]
273. Which one of the following is not a
suit of civil natun,?
(a) Suits relating to right of worship
(b) Suits relating to partnership
(c) Suits relating to common law rights
(d) Suits relating to political questions
Ans. (d) [UJS 2012]
274. That a petition dismissed under Article
226 would operate as res judicata
so as to bar a similar petition in the
Supreme Court under Article 32 of the
Constitution was held in the case of;
(a) Daryao v. Stat, af U.P.
(b) Arj1m Singh v. Stal, of M.P.
(c) Sudhir Chandra v. State of W.B.
(d) None of the above
Ans. (a) [HJS 2013]
275. Which of the following is true;
(a) The pendency of suit in a foreign
court precludes the courts in India
from a trying a similar suit
Code of Civil Procedure, 1908
(b) The pend ency of a suit in a foreign
court precludes the courts in India
from trying a similar suit provided
the suit is founded on the same
cause of action
(c) The pendency of a suit in a foreign
court does not preclude the courts
in India from trying similar suit
even ii it is founded on the same
cause of action
(d) None of the above
Ans. (c) [HIS 2013]
276. Which of the following is not a suit of
civil nature 7
(a) suit relating to right of worship
(b) suit relating to taking out o/religious
procession
(c) suit against expulsions from caste
(d) suit for right to hereditary office
Ans. (c) [HPJS 2013, MP APPO 2009]
277. Which one of the following is NOT a
suit of civil nature?
(a) Suit relating to rights of worship
(b) Suit involving purely religious
rights
(c) Suit for rent
(d) Suit for rights to hereditary office
Ans. (b) [UJS 2014, HADA 2016]
278. A residing in Dehradun, beats B in
Lucknow. B may sue A under C.P.C.:
(a) either in Lucknow or in Dehradun
(b) only in Lucknow
(c) only in Dehradun
(d) anywhere else
Ans. (a) [UJS 2014]
279. Under C.P.C. find the incorrect match
of the following:
(a) Revenue Courts-Section 5
(b) Provincial Small Causes Courts--
Section 7
(c) Pecuniary Jurisdiction of Courts--
Section 9
(d) Presidency Small Causes Courts--
Section 8
Ans. (cl [UJS 2014]
632 Si,ighal Law Publications
280 . Under C.P.C., which of the following
is not a suit of a civil nature
(a) suit for correcting the date of birth
in the service record
(b) suit for declaration of the right to
worship
(c) suit for vindication of a mere dignity
connected with an office
(d) suit for a religious office
Ans. (cl [MPJS 2013-1]
281. The Court may compel the attendance
of any person to whom a summons has
been issued under section 30 of CPC
and for that purpose may
(a) issue a warrant for his arrest
(b) attach and sell his property or
impose a fine upon him
(c) order to him furnish security for his
appearance and in default commit
him to the civil person
(d) do all of the above
Ans. (d) [MP (CJ) JS 2014]
282. Which of the following suits is of civil
nature?
(a) Suits relating to right to property
(b) Suits relating to right of worship
(c) Suits for damages for civil wrongs
(d) All of the above
Ans. (d) [HPJS 2012, DJS 2015]
283. Which one of the following is not suit
of Civil Nature?
(a) Suits for rights to hereditary offices.
(b) Suits for rights of franchise.
(c) Suits for recovery of voluntary
payments of offerings.
(d) Suits relating to right of worship.
Ans. (cl [UP PCS CJ 2015]
284. Where the decree is for the payment of
sum of money exceeding five thousand
rupees the period of civil prison?
(a) Shall not exceed three months
(b) Shall not exceed six months
code a/Civil Procedure, 1908
(c) Shall not exceed nine months
(d) Shall not exceed one year
Ans. (a) [MP PCS 1998]
285, Section 20 of CPC does not apply to
(a) Arbitration proceedings
(b) Civil proceedings
(c) Both (a) & (b)
(d) Neither (a) nor (b)
Ans. (a) UJS 2016]
286, Which of the following is a suit of civil ·
nature?
(a) Suits for upholding mere dignity or
honour
(b) Suits for accounts
(c) Suits expressly barred by some
enactment
(d) Suits relating to political questions
Ans. (di UJS 2016]
287. Which one of the following under CPC
is not correctly matched:
(a) Section 50 - Legal Representative
(b) Section 77 - Letter of Request
(c) Section 80 - Notice
(d) Section 11 - Res-Sub-judice
Ans. (d) [UJS 2015, HADA 2016]
288. Wh ich of the following is not a suit of
civil nature-
(a) A suit in which right to property is
contested
(b) A suit to which right to an office is
contested
(c) A suit by member of a caste for his
exclusion from the invitation to the
caste dinner
(d) A suit by member of a caste for his
expulsion from the caste.
Ans. (c) [MP HJS 2010]
289. In which of the following cases would
an application lie to the High Court?
(a) Where the several Courts having
jurisdiction are subordinate to
different appellate Courts
633 Singha/ Law Public,tions
(b) Where the several Courts having
jurisdiction are subordinate to the
same appellate Court
(c). Where the several Courts having
jurisdiction are subordinate to
different High Courts
(d) Where the several Courts having
jurisdiction are subordinate to
different appellate but to the same
..-- High Court.
Ans . Cd) [MP H)S 2008]
290. A foreign judgment may not be
conclusive if it has not been given on
the merits of case
(a) only true in criminal cases
(b) is a true fact
(c) only true is matrimonial cases
(d) not a true statement
Ans. (b)
291. When two or more courts have the
jurisdiction if the parties by an
agreement confer the jurisdiction
exclusively on one of such courts , it
results into
(a) inherent jurisdiction
(b) personal jurisdiction
(c) consensual jurisdiction
(d) illegal jurisdiction
Ans . (cl [APDSJ 2011]
292. Section 10 of CPC does not apply
(a) when the previous suit is pending
in the same court
(b) when the previous suit is pending
in a foreign court
(c) when the previous suit is pending
in any other court of India
(d) when the previous suit ls pending
in a court outside India established
by the Central Govenunent
Ans. (b) [All India Bar 2016]
293. In case of conflict of jurisdiction of the
courts, the incidence of a contract shall
be governed by the law of the place
where th,._
 c,ode of Civil Procedure, 1908 635 Si11ghal UIW Publications
Code of Civil Procedure, 1908 634 Singha/ l.Jlw Publications
(c) District Judge 306. Temporary injunction may be granted:
(a) acceptor resides 297. A decree may be executed under Civil
(d) the Court which passed it or by (a) To restrain any election
(b) proposer resides Procedure Code by:
the Court to which it is sent for (b) To restrain dispossession from
(c) contract is entered into (a) CoUector
execution property
(d) contract is performed (b) Sub-Collector
Ans. (d) [UJS 2009, 2014) (c) To restrain any intended disciplinary
Ans. (d} [DU LLM Entrance 2008] (c) Tehsildar
3 03. During proceeding for execution of action against public servant
(d) The Court which passed the decree
PART II a decree, if a question arises as to (d) In all the above circumstances
Ans. (d) (HADA 2016] whether any person is or is not the
EXECUTION 298. A decree may be executed under Ans. (b) [MPJS 2012]
representative of a party, such question
[Sections 36-74) Section 38 of CPC by which of the shall be determined by 307. Provisions of Section 39 of CPC are:
294. The expression 'Court which passed a following Courts? (a) permissive and not mandatory
(a) the court which passed the decree
decree' is defined under which section (a) High Court (b) mandatory and not permissible
(b) the court executing the decree
Civil Procedure Code (b) District Court
(c) the Appellate Court (c) mandatory and discretionary
(a) 2(2) (c) Either by the Court which passed it
(d) a separate suit (d) none of the above
(b) 2(3) or by the Court to which it is sent
for execution Ans. (b) (MPHJS 2015, DS 2014, Ans. (a) (PJS 2011 j
(c) 37
(d) 38 (d) All of the above MP PCS 2001, CJS 20041 308. Words 'competent jurisdiction' under
Ans. (c) (UJS 2012) 304, Which of the following statements is Section 39 of C.P.C. refers to
Ans. (c) [MP HJS 2015)
295. The application is placed before the 299. A decree may be executed by: correct? (a) Pecuniary jurisdiction of transferee
following court for the execution of (a) District Judge The court which passed the decree may Court
decree:- (b) Commissioner transfer it to another competent court (b) Territorial jurisdiction of the
(a) before District Court (c) Court which has passed the decree if the transferee Court
(b) before that Court which has passed (d) Either by the Court which has (a) judgment debtor carries on business (c) Pecuniary and territorial jurisdiction
the decree passed the decree or to which the within the jurisdiction of the latter of the transferee Court
(c) before that court where the defendant decree is sent for execution court. (d) None of the above
is residing temporarily under local Ans. (d) [APJS 2012) (b) judgment debtor has no property Ans. (c) [HJS 2011)
jurisdiction 300. Court not competent to execute the within the jurisdiction of the former 309. Provision relating to 'Precept' is
(d) before that court where the execution decree:- court sufficient to satisfy such provided in Civil Procedure Code
property is available under local (a) Court which has passed the decree. decree but has property within the under
jurisdiction (b) Court to which it is sent for execution jurisdiction of the latter court.
(a) Section 40
Ans. (b) [MP APPO 2008] (c) Both (a) and (b) (c) decree directs the sale of immovable
(b) Section 44A
296. The application for execution of decree (d) Court of collector property situated outside the local
jurisdiction of the former court. (c) Section 45
may be transferred from one court to Ans. (d) [CJS 2008)
another court:- (d) All these. (d) Section 46
301. A decree may be executed
(a) if the party feels that there is a Ans. (d) [DJS 2014] Ans. (d) [MPHJS 2010, UJS 2016)
(a) by the court which passed the
possibility of delay in justice on the decree 305. Where a decree is to be sent to a Court
310. Which provision deals with
part of court in another state for execution, it has to
determination of questions relating
(b) by any other court to which a decree
(b) if the defendent lives or does be sent by:
to discharge, satisfaction etc. of the
has been sent for execution
business in the jurisdiction of that decree?
(c) both statements are correct (a) The High Court
court where the application for (a) Section 48 of the Civil Procedure
execution of decree have to transfer (d) both statement are incorrect (b) The District Court
Code
(c) if the plaintiff has gone from the Ans. (c) [MPCJ 20061 (c) The Court which passed the decree (b) Section 46 of the Civil Procedure
jurisdiction of the court which has 302. Under C.P.C. a decree may be executed (d) The Court which passed the decree Code
passed the decree by with the consent of the High Court (c) Section 47 of the Civil Procedure
(d) not included in these (a) Tehsildar Ans. (c) ' (HJS 2014] Code
Ans. (b) (MP APPO 2008] (b) CoJJector

Code of Civil Procedure, 1908
(d) Section 21 of the Civil Procedure
Code
Ans. (c) fHJS 2014]
311. Under Section 47 of the Code of Civil
Procedure, which question does not
relate to the execution, discharge or
satisfaction of decree?
(a) Whether a decree is executable?
(b) Whether the property is liable to be
sold in execution of the decree?
(c) Whether the decree is fully satisfied?
(d) Whether the decree is fraudulent or
collusive?
Ans. (d) [HPJS 2016)
JU. In which of the following ways can the
Court not order execution of a decree
as per Section 51 of the Code?
(a) By delivery of any property
specifically decreed
(b) By attachment and sale of property
(c) By serving summons on the party
(d) By appointing a receiver
Ans. (c) fMP HJS 2008]
313. The Court cannot order execution of
a decree as per Section 51 of CPC, in
which of the following ways?
(a) By delivery of any property
specifically decreed
(b) By attachment and sale of property
(c) By serving summons on the party
(d) By appointing a receiver
Ans. (c) UJS 2014, UJS 2016)
314. Under Section 51 of CPC, which one is
not a method to enforce execution of
the decree?
(a) by appointing a receiver
(b) by sale without attachment
(c) by arrest and detention
(d) by appointing a commission
Ans. (d) [(JS 2016)
315. Which of the following is the
true meaning of the term Legal
Representative under the Code of Civil
Procedure 1908?
Code of Civil Procedure, 1908 637 Singha/ I.aw Publications
636 Singha/ Law Publications
(c) Section 59 323. Under Civil Procedure Code, 1908,
(a) A person who in Law represents the
estate of a deceased person (d) Section 60 which one of the properties cannot be
(b) Any person who intenneddles with Ans. (b) [UP PCS 2003, attached in execution of a decree?
the estate of the deceased and where Bihar APO 2013, (a) Books of Account
a party sues in a representative UJS 2010, 2014, 2016) (b) Land
character the person on whom the 319, Under the Code of Civil Procedure, (c) Bank Notes
estate devolves on the death of a 1908, no women shall be arrested and (d) Cheques
party so suing. detained in civil prison in the matter
Ans. (a) [UP PCS CJ 2016)
(c) Any person who intenneddLes with regarding to the decree relates to
324. Under C.P.C. which one of the
the estate of the deceased and where (a) family disputes following is liable to attachment and
a party is sued in a representative (b) matrimonial disputes sale in execution of a decree?
character the person on whom the (c) legitimacy of children disputes
(a) Necessary wearing apparel
estate devolves on the death of a
(d) payment of money disputes (b) Promissory Notes
party so sued.
Ans. (d) [UP PCS CJ 2013) (c) Tools of artisans
(d) All of the above
320. Section 56 of Civil Procedure Code (d) Books of accounts
Ans. (d) [PJS 2015)
specifically prohibits the arrest or Ans. (b) fUJS 2014)
316. Where a judgment-debtor dies before
detention in civil prison, in execution
325. Which one of the following properties
the decree has been fully satisfied:
of a decree, of:-
(a) the same cannot be executed against is liable to attachment and saJe in the
(a) a sick person execution of a decree?
the legal representatives
(b) the same can be executed against (b) a minor person (a) Right to future maintenance
anyone of the legal representatives (c) a woman (b) A promissory note
of the judgment debtor in its entirety (d) all of these (c) Books of account
(c) the same can be executed against all Ans. (c) [MP APPO 2009] (d) A right of personal service
the legal representatives 321. Under section 58 of CPC, a person Ans. (b) [UJS 2002)
(d) the same can be executed against any detained shall be released from the
326. A decree for execution cannot be sent
number of the Legal representatives detention on the amount mentioned to a:
as the decree holder wants in the warrant of his detention being
(a) Foreign court
Ans. (c) [KCJ 2012] paid to;
317. Arrest of a person in execution of a (b) Court outside India established by
(a) The officer appointed by the court
decree has been provided the authority of Central Government
(b) The court
(a) under Section 53 of the Code of (c) Both (a) & (b)
(c) The officer in charge of the civil
Civil Procedure (d) Neither (a) nor (b)
prison
(b) under Section 54 of the Code of Ans. (a) [HPJS 2007-I]
(d) None of the above
Civil Procedure 327. Which of the following properties
Ans. (c) fHJS 2013]
(c) under Section 56 of the Code of cannot be attached in execution of a
Civil Procedure 322. Under section 60 of Civil Procedure decree:
Code which of the following properties
(d) under Section 55 of the Code of (a) Penricus
is not liable to attachment and sale in
Civil Procedure (b) Promissory notes
execution of a decreer
Ans. (d) [UJS 2009, DJS 2015] (c) House or other building
(a) Negotiable instruments
318. Which section of Civil Procedure Code (d) Hundi
prohibits arrest or detention of women (b) Houses or other buildings
Ans. (a) [HPJS 2007-I]
in the execution of decree for money? (c) Government Securitie
328. Books of account
(a) Section 55 (d) Any right of personal services
(a) are Liable to attachment and sale in
(b) Section 56 Ans. (d) IMP APPO 2009]
execution of a decree
 638 Singlrt,J Ulw P11blicatio11s Code of Civil Procedure, 1908 639 Singha/ IAw Pub/ia,tions
uxlt of Civil Proadurt, 1908
333 . Which of the following property is not (d) Personal ornaments, which cann ot (a)
the Court which passed the decree
(b) are not liable to attachm ent and sale
liable lo be attached and sold in the be parted by any woman. (b)the Court executing the decree
in execution of a decree
(c) are no evidence in the eye of law execution of a decree; Ans. (d) [MP HJS 2011] (c)
a separate suit
(d) can be the sole evidence to decide a (a) Money 338. Private alienation of property after ·(d)the Court to which an appea l agains t
suit (b) Hundis attachment of the same is- the decree lies
Ans, (b) [BJS 2000] (c) Electricity (a) Voidable at the option of the decree Ans. (b) [APDSJ 2011]
329. Which of the following properties (d) None of the above holder
343. According to Section 58 of Code of
are liable to attochment and sale in Ans. (c) [HJS 2013] (b) Voidable at the option of the Civil Procedure no detention in civil
execution of a decree under Section 60 334. Properties that can be attached are: judgement debtor imprisonment can be ordered i1 th•
of the Civil Procedure Code? (c) Void ab initio decree is for a payment of amount;
(a) Money, Bank Notes, Cheques, Bills
(a) Bank Notes, Cheques and Bill of of exchange, Hundis, Promissory (d) Void as against all claims enforceable (a) Not exceedin g Rs. 500
Exchan ge notes under the attachment (b) Not exceedin g Rs. 1000
(b) Cooking vesse ls, Beds &. Wearin g Ans. (d) [APJS 2011]
(b) Stipends and gratuities allowed to (c) Not exceed ing Rs. 1,500
apparels 339. Private alienation of property after
pensioners of the Governm ent (d) Not exceed ing Rs. 2,000
(c) Boo ks of Accounts attachment is
(c) Books of account
(d) Stipen ds and Gratuity (e) None of these
(d) All of the above (a) Legal
Ans. (al [UJS 2010] (b) Irregular
Ans. (d) [PJS 2017]
Ans. (a) [KC) 2012]
330. Whether necessary wearing apparel are (c) Void 344. Wh ich of the followin g properties an
liable for attachment in execution of a 335. How much salary of a person can be
not liable to attachment in execution of
attached in execution of a decree for (d) Voidable
decree ? deaee ?
maintenance? Ans. (c) [CJS-1014]
(a) Yes (a) Bank Notes and Cheques
(a) First one thousand rupees and 1/3 340. The assets held to be not available for
(b) No (b) Promisso ry Notes
of the remainder the rateable distribution under Section
(c) Discr etion of court
(b) First one thousan d rupees and 2/3 73 of the Code of Civil Procedure: (c) Land
(d) None of the above.
of the remainder - (a) Sale proceed s realised from auction (d) Boo ks of Accounts
Ans. (b) [M]S 2010]
(c) 2/3 of the salary sale Ans. (d) [CJS 2016]
331. Which of the following properties of
(d) 1/3 of the salary (b) Deposit made by a defaulting 345. An Executing Court cann ot determine
a judgment debtor are liable to be
Ans. Cd) [UP PCS CJ 2015] purchaser the questions relating to which of the
attoched:
336. Which one of the following properties (c) Money realised in execution of following?
(a) personal ornam ents of religious
is liable to attachment or sale in the decree (a) Execution of decree
usage of a woman
execution of a decree under Code of (d) Deposit of earnest money (b) Dischar ge of decree
(b) tools of artisan and cattle and seed
grain Civil Procedure? Ans. (d) [HPJS 2016]
(c) Satisfaction of decree
(c) boo ks of accounts (a) Mere right to sue for damages 341. Private alienation or transfer of
(d) Modification of decree
(b) A promissory note property after attachment is
(d) shares in a corporation and Ans. (d) (PJS 20171
(c) Books of account (a) void
government secu rities 346. Under order 43 of Civil Proc edure
(d) A right of personal service (b) voidable
Ans. (d) [PJS 20111 Code, against which order an appeal
(e) None of these (c) valid
332. In execution of a decree for the shall not lit>-
maintenance, salary of a person can be Ans. (b) [PJS 20171 (d) valid only when there is prior
agreement (a) An order to set aside or refus ing to
attached to the extent of 337. Which of the following kinds of set aside a sale
(a) one-fourth property is not liable to attachment and Ans. (al [APDSJ 2011]
342. All (b) An order rejecting an application
(b) one-third sale in execution of a decree? questions arising between
for permission to sue as an indigent
(a) Money the parties to the suit or their
(c) two-third person
representatives to the execution,
(d) one-half (b) Shares (c) An order on an objection to the draft
discharge or satisfaction of the decree
Ans. (b) [)CJ 2000, WBJS 2011] (c) Land shall be determined by of a document

Code of Civil Procedure, 1908
(d) When the subordinate court has
exercised its jurisdiction illegally or
with material irregularity
Ans. (d) [MPCJ 2016)
347. At any time after a warrant for the
arrest of a judgment debtor has been
issued, the court may cancel it on the
ground:
(a) that he is not in a fit state of health
to be detained in prison.
(b) that he is seriously ill.
(c) both (a) and (b)
(d) only the State Government has the
power to release
Ans. (a) [PJS 2013)
348. Where immovable property is sold in
execution of a decree and such sale has
become absolute, the property shall be
deemed to have vested in the purchaser
from the time:
(a) when the sale becomes absolute
(b) when the property is sold
(c) when the purchaser acquires
possession
(d) depends on the court
Ans. (b) [PJS 2013)
349. 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
Ans. (d) (DJS 2015, RJS 2011]
350. Which of the following person may not
file an application for execution under
Civil Procedure Code, 1908 namely
(a) A decree holder
(b) Legal representative, if the decree
holder is dead
Code of Civil Procedure, 1908 641
640 Si11g'1al Law P11blicatio11s Singha/ Lru, Publie11tions
called:
(c) A person claiming under decree (c) Relating to part-payment alone
holder (a) precept (d) Relating to execution, discharge or
(b) garnishee order satisfaction
(d) Judgment debtor
Ans. (d) [UJS 2015] (c) interlocutory order Ans. (d) (APJS 2011)
351. During proceedings for execution of a (d) simultaneous execution 360. The principles governing execution
decree, if question arises as whether any Ans. (a) [HPJS 2013] of decree and orders in CPC are dealt
person is or is not the representative 356, Precepts are issued under section 46 of within:
of a party, such question must be CPC for; (a) Section36 to 74 (substantive law)and
determined by (a) Serving summons on persons Order 21 (procedural provisions)
(a) The court which passed the decree residing beyond local jurisdiction (b) Section36to74(proceduralprovisions)
(b) The court executing the decree (b) Serving a warrant on the judgment- and Order 21 (substantive law)
debtor (c) Section 148A
(c) The appellate court
(d) None of the above (c) Attaching the property of the (d) Section 148 to 1538
Ans. (b) [UJS 2015) judgment-debtor Ans. (a) [HPJS 2012)
(d) None of the above 361. Whether the court executing the
352. A money decree may be executed by
Ans. (c) [HJS 2013) decree has jurisdiction to determine
(a) attachment and sale of any property
357. Where a certified copy of a decree all questions relating to execution,
of the judgment debtor.
of any of the superior Courts of any discharge or satisfaction of decree?
(b) arrest and detention in prison of
reciprocating territory has been filed (a) No
the judgment debtor for indefinite
period. in a District Court, the decree may (b) Yes
(c) Both (a) and (b) be executed in India as if it has been (c) Discretion of court
passed by the District Court. (d) None of the above.
(d) Neither (a) nor (b)
(a) True Ans. (b) [MJS 2010]
Ans. (a) [DJS 2014)
(b) False 362. No order for detention of the judgment
353. In execution of a decree, other than a
decree for maintenance, passed against (c) None of the above debtor in civil prison in execution of a
A, what shall be the attachable portion, Ans. (a) (APJS 2012) decree for the payment of money shall
if his salary is Rs. 10,000 per month? 358. Where a judgment-debtor has been be made where the total amount of the
(a) Rs. 3,333 committed to the civil prison, he may decree does not exceed
(b) Rs. 5,000 be released therefrom: (a) Five hundred rupees
(c) Rs. 3,000 (a) By the State Govenunent on the (b) One hundred rupees
(d) Rs. 6,666 ground of the existence of any (c) Two thousand rupees
infectious disease (d) five thousand rupees
Ans. (c) UJS 2014)
(b) By the committing Court or any Court Ans. (c) IMPJS 2015, MPJS 20111
354. Precept means
to which that Court is subordinate 363. Which of the following questions is
(a) command
on ground of serious illness not to be determined by an executing
(b) order
(c) By the State Government on the court?
(c) writ ground of the existence of any (a) Discharge of decree
(d) all of the above contagious disease (b) Execution of decree
Ans. (b) [OJS 2011) (d) All the above (c) Modification of decree
355. 'An order or direction given by the Ans. (d) [APJS 2012) (d) Sat.isfaction of decree
court which passed the decree to a court
359. Question that can be determined by Ans. <c> OCJ 20001
which would be competent to execute
the Court executing the decree ls- 364. bl which of the following cases
the decree, to attach any property
belonging to the judgement debtor, ls (a) Relating to execution alone the Supreme Court has upheld the
(b) Relating to discharge alone
 Singha/ Law P11blications Code of Civil Procedure, 1908 643 Singha/ I.aw Publications
CodtofCivil Procedure, 1908 642
(a) Section 50 374, Where decree is for the partition of 378. Court may not issue a commission:
validity of Section 51 of Code of Civil
(b) Section 51 an undivided estate assessed to the (a) to examine any person
Procedure?
payment of revenue to the government, (b) to examine accounts
(a) Xavier v. Bank of Canara (c) Section 55
the partition of the estate, in accordance
(b) The Visaka case (d) None of the above (c) to perform any ministerial act
with the law for the time being in
(c) Indian Granwphone Co. v. Birendt« Ans. (d) [UJS 2006) (d) to arrest a person
force, shall be made by-
Bahadur Pandey 370. Point out incorrect answer-- Ans. (d) [MPJS 2007)
(a) The Naib Tahsildar
(d) Jolly George Verghese v. Bank of Cochin A decree passed by a civil court can be 379. When a commission has been issued
(b) The Nazir under section 75, Code of Civil
Ans. (d) UCJ 2000] executed by-
(a) The court which passed that decree (c) The Collector Procedure, 1908, the commission, if not
365. Precept is:
(b) The court to which the decree is (d) The Commissioner appointed by the a Judge of Civil Court?
(a) A transfer of the decree
transferred for execution by the court (a) can call any witness relating to the
(b) An order to another competent
court passing the decree Ans. (c) [CJS 2004) matter
court to attach any property of the
(c) Any court having jurisdiction 375, During the proceeding of execution of (b) can determine the legality of
judgement debtor
concurrent to the court that passed a decree, a question arises as to whether questions asked during the conduct
(c) An execution of decree
the decree any person is or not the representative of proceedings by the commission
(d) None of the above of a party, such question shall be
(d) Either by court (a) or (b) as above (c) can extend time and grant exemption
Ans. (b) [HPJS 2007-II] determined by- from personal appearance
Ans. (d) (UP PCS 2003]
366. Who can be arrested in execution of a (a) The Court which passed the decree (d) cannot impose penalties of the
371. A decree may be executed by:
decree: fine and initiate contempt of court
(a) Tehsildar (b) The Court executing the decree
(a) A man proceedings
(b) Collector (c) The appellate Court
(b) A woman Ans. (d) [RJS 2011)
(c) District Judge (d) A Separate Suit
(c) A Minor 380. In which one of the following cases,
(d) Either by the Court which passed it Ans. (b) [CJS 2004]
(d) All of these or to which it is sent the court may not issue a commission?
376. Which of the following properties of
Ans. (a) [HPJS 2007-IJ Ans. (d) [UP PCS CJ 2006} the judgment debtor would be liable (a) For execution of a decree
367. Question which shall be determined 372. The order 38 of the Code of Civil to attachment and sale in execution of (b) To examine any person
by the Court executing decree: Procedure deals with: decree? (c) To make a partition
(a) Decree obtained by fraud (a) Inter-pleader (a) Books of account (d) To hold a scientific, technical or
/
(b) Whether any person is or is not the (b) Summary procedure (b) Shares in a corporation expert investigation I
representative of a party (c) Arrest & attachment before judgement Ans. (a) [MPJS 2012)
(c) Decree obtained by collusion
(c) Personal ornaments
381. Section 75 of C.P.C. deals with
1..
(d) Temporary injunctions (d) Tools of artisans
(d) None of the above Ans. (c) [HPJ 2009) (a) Power to issue summons
Ans. (b) [MP HJS 2008)
Ans. (b) (MPJS 2007) 373. A judgment-debtor is arrested in (b) Power to issue commission
368. The property which is not liable to execution of a decree for the payment PART Ill (c) Right to appeal
attachment and sale in execution of of money and the Judgment-debtor INCIDENTAL PROCEEDINGS (d) Res j11dicata
decree: pays the amount of the decree and Ans. (b) [CJS 2014]
the costs of the arrest to the officer
[Sections 75-78)
(a) Government securities 382. Under Civil Procedure Code, a Court
arresting him, such officer- 377. A civil court cannot issue commission
(b) Promissory Note may not issue a commission-
(a) Shall send the judgment-debtor to in the following case-
(c) Books of Account (a) For elucidating any matter in dispute
civil prison (a) for examining a person
(d) Bond (b) For ascertaining the market value of
(b) Shall take judgment-debtor to the (b) For examining accounts
Ans. (cl [MPJS 2007] any property
court (c) to execute partition (c) For assessing the amount of any
369. Which provision of C.P.C. deals with
enforcement of a decree against legal
(c) Shall at once release him (d) To execute a decree mesne profits or damages
representative? (d) Shall release him after taking Ans. (d) [UP PCS 2003, UJS 2014] (d) For framing of issue
security from him
Ans. (d) [MPCJ 2016}
Ans, (cl [MP PCS 2001 I

Code of Civil Proctdure, 1908 644
383. For which of the following purpose a
commission is not issued?
(a) To make local investigation
(b) To examine a person
(c) To order a party to appear in the
Court and answer the claim
(d) To make a partition
Ans. (c) [MP HJS 2008)
384. Under Section 75 of Civil Procedure
Code, the court cannot issue
commission:-
(a) to examine any person
(b) to make a partition
(c) to conduct sale of property which is
not in the custody of the court
(d) to hold a scientific, technical or
expert investigation
Ans. (c) [MP APPO 2009]
PART IV
SUITS IN PARTICULAR CASES
[Sections 79-88)
385. As provided in Section 79 of the Code
of Civil Procedure a suit by the Central
Government must be filed in the name
of
(a) The President of India
(b) Attorney General of India
(c) Prime Minister of India
(d) Union of India
Ans. (d) [UJS 2010)
386. The stipulation that in a suit by the
Central Government, the authority to
be named as plaintiff shall be "the
Union of India" has been provided for
in Section:
(a) 78
(b) 79
(c) 79A
(d) 77
Ans. (b) (HJS 2013)
387. For instituting a suit against the
Government or against a Public Officer
Code of Civil Procedure, 1908 645 Singha/ l.Jlw Publications
Singha/ Law P11blications
(a) three months (a) The suit is against a Co-operative
in official capacity, the notice period (b) two months Society
under Section 80 of ClC is (c) one month (b) The suit is against the Government
(a) 3 months (d) four months (c) The suit is against Gram Panchayat
(b) 2 months Ans, (b) [UP PCS CJ 2008) (d) The suit is against Municipal
(c) 1 month 393, Which one of the following is a true Corporation
(d) 15 days statement in relation to Section 80 of Ans. (b) fMJS 2011)
Ans. (b) [WBJS 2011) Civil Procedure Code? 397. Notice under Section 80 CPC has to be
388. In a suit, which relates to a railway, (a) A suit without service of notice can served on:
the authority to be named as plaintiff be instituted generally, with the (a) the Secretary to the Government
or defendant shall be: leave of the court (b) the Deputy Commissioner
(a) The general manager of the railway (b) A suit without service of notice can (c) the President of lndia
(b) A secretary to the central government be instituted in cases of urgent or (d) All the above
(c) The collector of the district immediate relief, with the leave of Ans. (a) [PJS 2011)
(d) The union of India the court 398. Provisions of Section 80 of C.P.C. are
Ans. (a) [MP PCS 1996) (c) In cases of urgent or immediate binding on
389. Under Section 80 of Civil Procedure relief where leave to institute the (a) The Court of a Civil Judge
Code- suit without service of notice has (b) The Court of District Judge
(a) Ninety days been granted, interim or otherwise (c) The High Court
(b) Sixty days
ex parte relief can be granted (d) All of the above
(d) No suit under Section 80 can be Ans. (d) [HJS 2011 I
(c) Three months
(d) Two months
instituted without the compliance 399. A suit to obtain an urgent or immediate
of the requirement of notice relief against the Government or any
notice in writing is required to be
delivered before institution of a suit Ans. Cb> OCJ 20001 Public Officer may be instituted in
against the Government. 394. Under which section of C.P.C. a notice respect of an act purporting to be done
Ans. (d) · [MP PCS 2001] is required to be given at least two by public officer in his official capacity:
390. In a suit, which relates to a railway, months before filing a suit against a (a) Without serving any notice under
the authority to be named as plaintiff Central or State Government? Section 80(1) of the Code of Civil
or defendant shall be- (a) Section 50 C.P.C. Procedure
(a) The General Manager of the Railway (b) Section 51 C.P.C. (b) After due service under Section
(b) A Secretary to the Central (c) Section 80 C.P.C. 80(1) of the Code of Civil Procedure
Government (d) Section 81 C.P.C. (c) With the leave of the Court without
(c) The Collector of the District Ana. (c) [BJS 2009) serving any notice under Section
80(1) of the Code of Civil Procedure
(d) The Station Master of the Railway 395. Code of Civil Procedure: The
Ans. (a) [CJS 2004] objections raised by the parties during (d) None of the above
the recording of evidence by the Ans. (c) [APJS 20121
391. Provisions of sec. 80 of the Civil
Procedure Code are commissioner, shall be decided by 400. Notice under Section 80 of CPC, when
whom it relates to Railways, has to be served
(a) mandatory
(a) The Court at the stage of argwnent on which of the folJowlng?
(b) directory (b) The Commissioner at the same time (a) Minister of Railwa
(c) discretionary (c) The Court at the same time (b) Secretary of Railway Ministry
(d) none of the above (d) The Commissioner at the stage of
(c) General Manager of concerned
Ans. (a) [UP PCS CJ 2008) argument.
Ans. (a) [MPJS (Pre.) 2018] Railway
392. How much time is required for serving (d) Prime Minister of India
396. Notice under Section 80 of the Code of
a notice under sec. 80 of the Civil Ans. (c) [UJS 20121
Civil Procedure iii mandatory when
Procedure Code?
Code of Civil Procedure, 1908 646 Si11ghal l.Jlw P11blicatio,is
code of Civil Procedure, 1908 647
401. For instituting a suit against the officer concerned, under Section 82 Singlral I.Aw Publialtions
C.P.C., execution shall not be issued (d) With the consent of the President of
government, notice should be given 415. Inter-pleader suit can be filed when
on any such decree unless the decree India
before (a) There is claim against Pleader
(a) two months remains unsatisfied for a period of Ans. (b) (UP PCS CJ 2006]
(Advocate)
(b) three months (a) 3 months from the date of the decree 411, Which of the following is true
(b) The claim is filed against two or
(c) one month (b) 6 months from the date of the decree (a) Alien enemies residing in India can
never sue ~ore ~efendants who have set up
(d) six months (c) 1 year from the date of the decree rival titles to the property in order
Ans. (a) (OJS 2011] (d) 2 years from the date of the decree (b) Alien enemies residing in India to locate real landlord by the tenant
UCJ 2000] may sue with the permission of the for payment of rent
402. No suit against the Government or Ans. (a)
Central Government (c) The claim is set up is against two or
Public Officer shall be instituted until 407. When a decree is passed against the
expiration of period next after Union of India, execution of such (c) Alien enemies residing in India may more trespassers in the property
notice in writing has been delivered decree shall not be issued unless it sue with the permission of the State (d) In suit against two or more indigent
(a) One month remains unsatisfied for the period of Government in whose jurisdiction person
.................... computed from the date of they are residing Ans. (b) [MP HJS 20Cll, 2008)
(b) Two months
(c) 15 days such decree. (d) Alien enemies can sue in any court 416. The provisio.n regarding inter-pleader
(d) 90 days (a) 1 Month Ans. (b) [HJS 2013) suit hu been incorporated in Section:
(b) 2 Months 4U, Which section under the Civil Procedure (a) 87
Ans. (b) [AJS 2012]
(c) 3 Months Code, 1908 deals with the settlement of (b) 88
403. Under C.P.C. the provision of notice
(d) 6 Months disputes outside the court? (c) 89
before instituting a suit against the
Government is given in (a) Section 88 (d) 90
Ans. (c) (HJS 2014)
(a) Section 180 (b) Section 89 Ans. (b) [UJS 2002, HJS 2014)
408. A decree against Government of India
(b) Section 6 or State Government shall not be (c) Section 98 417. 'Inter-pleader suirhu been defined
(c) Section 80 executed unless it remains unsatisfied (d) Section 99 under which of the following Sections
(d) Section 21 for the period of Ans. (b) [All India Bar 2013) of the Civil Procedure Code?
(a) one month 413. Provisions relating to inter-pleader suit (a) Section 88
Ans. (c) [UJS 2014]
(b) two months are contained in:- (b) Section 89
404. Before filing a suit against government
under Section 80 of CPC it requires a (c) three months (a) Order XXXN of CPC (c) Section 90
notice to be given to the government of (d) six months (b) Section 88 of CPC (d) Section 91
(a) 60 days (c) Order XXXV of CPC Ans. (a) [Bihar A.PO 2013)
Ans. (c) [UP PCS CJ 2015)
(b) 30 days 409. Under which provision of C.P.C. an (d) Both (b) and (c) 418. 'A' deposits a box of jewels with 'B'
(c) 90 days Ambassador can be sued? Ans. (d) [MP APPO 2009) as his agent. 'C' alleges that the jewels
were wrongfully obtained by 'A' fro.m
(d) 14 days (a) Section 86 414. A notice in writing under Section 80
him and claims them from 'B'. Here 'B'
Ans. (a) UJS 2014) (b) Section 88 of the Civil Procedure Code has to be
(a) can institute inter-pleader suit
405, What does Section 80 CPC deal with? (c) Section 88A given to the:-
against 'A'.
(a) Foreign Judgement (d) He cannot be sued (a) Secretary to Central Government in (b) can institute Inter-pleader suit
(b) Injunction \ case of suit against that Govenunent
Ans. (a) [UJS 2014] against 'C'.
(b) President of India in case of suit (c) can institute Inter-pleader suit
(c) Requirement of notice for institution 410. A person may sue a foreign state:
of suit against Government against the Central Government against 'A' and 'C' both..
(a) With the consent of the State
(d) Award of cost Government (c) Secretary of Railways, in case of (d) cannot institute an Inter-pleader suit
suit against Central Government against 'A' and 'C'.
Ans. (c) [CJS 2016) (b) Only with the consent of the Central
involving railways Ans. (d) [UP PCS CJ 2013]
406. Where a decree is passed against the Government
(d) (a) and (c) both . For an 'inter-pleader suit' which of the
Union of India or a State for the act (c) With the consent of Central or State 419
Ans. (a) [MP APPO 2009) following conditions is not ne1:essary?
done in the official capacity of the Government
Code uf Civi l Proce dure, 190 8 648 Singha/ I.aw Publications
Code of Civil Procedure, 1908 649 Singha/ Lzw Publicotwns
(a) There must be some debt or the (a) No suit, not involving urgent or
immediate relief, may be instituted (c) 15 of disputes outside the Court through
property in dispute
against the Central Government (d) 16 'arbitration', 'conciliation', 'mediation'
(b) Two or more persons claiming the
except after serving a notice of two Ans (d) [HHJS 2011] and 'lok adalats' by the Code of Civil
debt or the property in dispute
months. 1. In C.P.C. provision for out of court Procedure (Amendment) Act, 1999?
adversely to one another 42
(c) There must be suit pending wherein (b) A decree against the Union of settlement of suits is made under (a) Section 87
the rights of rival claimants for the India may not be executed unless it (a) Section 75 (b) Section 88
debt or the property in dispute can remains unsatisfied for a period of (b) Section 76 (c) Section 89
be properly adjudicated · three months. (d) Section 90
(c) Section 88
(d) All of the above (c) Both (a) and (b) are correct. (d) Section Ans. (c)
89 [HPJS 2011)
Ans. (c) (HPJS 2013] (d) Both (a) and (b) are incorrect. Ans. Cd) [GS 2014] 433. Section 89 of the Code of Civil
420. Inter-pleader suit is a suit Ans. (c) [DJS 2014] 428, The Court under Section 89(1) of the Procedure relates to-
(a) Between two advocates PART v· CPC can refer the dispute for (a) Supplemental proceeding in a suit
(b) Between Union Government Pleader (a) Mediation or Lok Adalat (b) Suits by indigent persons
and State Government Pleader SPECIAL PROCEEDINGS
{b) Arbitration or conciliation (c) Execution of decree
(c) Instituted by a person who has no - [Sections 89-93)
(c) Conciliation or mediation (d) Settlement of disputes outside the
interest in the subject matter 424. Provision for settlement of dispute
outside court has been provided under
(d) All of the above court
(d) Instituted by a person who has
interest in the subject matter Section of Civil Procedure Code. Ans. (d) (HJS 2014] Ans. (d) [APJS 2011)
Ans. (c) [MPJS 2011] (a) 91 429, Under which one of the following 434. Section 89 of the Civil Procedure
Sections of the C.P.C. the Court may Code was incorporated ~ugh the
42L Inter-pleader suit cannot be instituted (b) 89
ask parties to a dispute to go for Civil Procedure Code Amendment
(a) for any property which relates to (c) 51
meditation? Act of ._.... which is the
two persons but which is being held (d) 151 (a) Section 88 prominent provision the discusses
by a third person for the time being Ans. (b) [CJS 2016) (b) Section 89 about the jurisdiction of civil courts in
(b) for determining the relation between 425. If the court refers parties to the suit (c) Section 87 applying. Alternate Dispute Resolution
a property and the persons claiming for settlement of dispute under Section (d) Section 86A mechanisms.
it 89 of the Civil Procedure Code, the
Ans. (b) [UJS 2014) (a) 1989
(c) for getting himself absolved from plaintiff is:
the liability to keep the property 430. Section 89 of the CPC was inserted in (b) 1999
(a) entitled to refund of Court fee (c) 1988
which is not being held by him (a) 1993
(b) entitled to refund of Count fee and (d) 2009
(d) where a suit is pending in which the (b) 1998
interest there on
rights of all parties can properly by (c) 1999 Ans. (b) [All India Bar 2014]
decided (c) not entitled to refund
(d) 2009 435. Under which one of the following
Ans. (d) [RJS 2011] (d) entitled to partial refund of court fee Sections of the CPC, the court may ask
Ans. (c) (OJS 2011)
422. The provision of inter-pleader suit is Ans. (a) [CJS 2016] parties to a dispute to go for mediation:
431. Which one of the following modes
given in Section 426. Whenever the suit is decided through (a) Section 88
of settlement of disputes outside the
(a) 88 CPC any of the modes of settlement of (b) Section 89
Court has been provided in Section 89
(b) 89 CPC dispute referred to in Section 89 of (c) Section 86A
of CPC?
(c) 90 CPC C.P.C., the plaintiff shall be entitled
(a) Arbitration (d) Section 89A
to refund of full amount of Court fee
(d) 91 CPC (b) Conciliation Ans. (b) (HADA 2016)
paid in respect of such plaint as per
Ans. (a) [UJS 2012) Section of the Court Fees Act, 1870 (c) Negotiation 436. Na.me the provision of the Code of Civil
423. Which of the following statements is (a) 11 (d) Mediation Procedure inserted by the Amendment
correct? Ans, (c) [UJS 2012] Act, 1999, the object of which is to
(b) 14
promote alternate method of dispute
432. Which of the following Sections, the
resolution:
provision has been made for settlement
Codl of Civil Procedure, 1908
(a) Section 89
(b) Section _144
(c) Section 152
(d) Section 158
Ans. (a) (HPJ 2009]
437. Where it appears to the court that there
exist element of a ~em,nt the court
shall
(a) decide the matter itself
(b) refer the same for arbitration,
conciliation or mediation
(c) leave the matter undecided
(d) none of the above
Ans. (b) [DJS 2007)
4.38. 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) arbitratioo or conciliation or Lok
Adalat or mediation
Ans. (d) [HJS 2010)
439. The proviaion, regarding 'friendly
suits' are in:
(a) Section 90, Order .36 of the Code of
Civil Procedure
(b) Section 88, Order 35 of the Code of
Civil Procedure
(c) Order 34 of the Code of Civil
Procedure
(d) Order 33 of the Code of Civil
Procedure
Ans. (a) [HPJS 2013]
440. Suits for declaration lit injunction
is respect of public nuiunces 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
650 Singha/ I.aw Publications code of Civil Procedure, 1908 651 Singhal I.aw Publications
(d) two or more persons with the leave (a) Sections 90-91
of the Court PART VI
(b) Sections 92-93
Ans. (d) [MP HJS 2014] SUPPLEMENTAL PROCEEDINGS
(c) Sections 94-95 [Sections 94-95)
441. In the case of a public nuisance, a suit
for declaration and injunction may be (d) Sections 96-100 449. Which one of the following does not
instituted by Ans. (b) [UJS 2012] find a place under the provision on
(a) Two persons, with the leave of the 445, A suit in respect of public charities is Sec. 94, C.P.C. relating to supplemental
Court provided under proceedings?
0.,) Two persons, having obtained oral (a) Section 92 of CPC (a) Arrest before judgement
consent of the Advocate General (b) Attachment before judgement
(b) Section 41 of CPC
(c) Two persons, having obtained the (c) Temporary injunction
(c) Section 100 of CPC (d) Appointment of executors
written consent of the Advocate
General (d) Section 105 of CPC Ans. (d) (UJS 2002)
(d) Two persons, without the leave of Ans. (a) ms 20141 450. Supplemental and incidental
the Court 446, Where it appears to the court that proceedings are stated in-
Ans. (a) [CJS 2003, MPJS 2015] elements of an acceptable settlement (a) C.P.C.
442. Who can file a suit under Section 91 exist, the court may refer it to: (b) Cr.P.C.
of Civil Procedure Code for public (a) Arbitration/ conciliation/ mediation. (c) Unlawful Activities (Prevention)
nuisance? (b) Judicial settlement, including that Act
(a) Advocate General through Lok Adalat. (d) None of the above
(b) Any citizen (c) Both (a) and (b) Ans. (a) [APJS 2011)
(c) District Magistrate (d) None of the above 451. Supplementary proceedings under
Section 94 of the Civil Procedure Code,
(d) Any 10 or more citizens
Ans. (c) [DJS 2010] 1908 does not include
Ans. (a) [UP PCS CJ 2012]
447. The Supreme Court of India has laid (a) Arrest before judgment
443. In the case of a public nuisance a down the law relating to Alternative
(b) Attachment before judgment
suit under Section 91 of the Code of Dispute Resolution processes and
Civil Procedure for a declaration and (c) Temporary injunction
Section 89 of the Code of Civil
injunction may be instituted by Procedure in the case of: (d) Appointment of executor
(a) A person aggrieved Ans. (d) [UJS 2015]
(a) Dinesh Kumar v. Yusuf Ali
(b) A person to whom special damage 452. Which of the following is not a
has been caused by reason of such (b) Afcon Infrastructure Ltd. v. Cherian supplemental proceeding?
public nuisance Varkey Construction Co.
(a) grant of temporary injunction
(c) With the leave of the court of two · (c) Bimlesh v. New Delhi Assurance Co.
(b) appointment of a receiver
or more persons, even though no (d) Standard Chartered Bank v. V. Noble (c) direction to defendant to furnish
special damage has been caused to Kumar
security
such persons Ans. (b) (RCJ 2014] (d) issuance of a commission
(d) Two or more persons to whom 448. Alternative Disputes Redressal (ADR) Ans. (d) [MP HJS 20121
special damage has been caused by
is a concept in 453. In execution of a decree a movable
reason of such public nuisance property in auction sold by the
(a) Evidence Act
Ans. (c) (MJS 2011] executing Court. The auction purchaser
(b) Civil Procedure Code
444. In which of the following Sections of deposits the entire auction price then
the CPC provisions for suits relating to (c) Contract Act and there even before expiry of 30 days
public charities is found? (d) Motor Vehicles Act and takes the delivery of the auctioned
Ans. (b) [MP HJS 2009} property. An objection complaining
 652 Singha/ l.Aw Publications code of Civil Procedure, 1908 653 Singh,,/ Law Publicatiom
Code of Civil Proc,dure, 1908
457. Section 96(4) of the Code of Civil (c) Supreme Court (c) Furth er appeal shall lie with the
that the auction was conducted with
material irregularity is filed within 3-0 Proc edure inserted by the Code of (d) Special Court leave of the Supreme Court
days from the date of auction. State Civil Procedure (Amendment) Act, Ans. (b) (C)S 2016) (d) Furth er appeal shall lie before
which one of the following is legally 1976, bars: 461. Where does the second appeal shall lie the Division Bench of the High
correct? (a) appeal against consent decree under Section 100 of C.P.C.? Court
(a) Objection is maintainable as it has (b) appeal in petty cases (a) High Court Ans. (a) [HPJS 2007·1)
been filed within 30 days of the (c) appeal agains t final decree (b) Supreme Court 466. Uthe appeal is heard by a single judge
auction. (d) appeal against findings bench of a High Court, where does
(c) Distt. Court
(b) Auction sale is vitiated as the Ans, (b) [HPJS 2011] furth er appeal lie
(d) High Court and Supreme Court
auctioned property has been (a) Only to the S.C.
458. Point out the wrong statement: both
delivered without waiting for its
(a) Where-the defendant appears and Ans. (a) [MP APPO 2008) (b) No furth er appeal
confirma tion within 30 days of
the plaintiff does not appear, when 462. Essential condition provided under (c) By division bench of H.C.
auction.
the suit is called for hearing, the section 100(1) of C.P.C. for preferring (d) None of these
(c) No confirm ation of sale is required
court shall dismiss the suit and the second appeal is
in the present case. Ans . (b) [DJS 2008]
plaintiff shall be barred from filing (a) Substantial question of fact
(d) None of the above is correct a fresh suit on the same cause of 467. Second appeal before the High Court
Ans. (b) [UP HJS 2009] (b) Substantial question of law is entertained on:-
action,-
(c) Error regarding jurisdiction
(b) No appeal may lie from an original (a) Question of fact
PART VII (d) Subject matter of public importance
decree passed e:r pane. (b) Mixed question of law and feet
APPEALS Ans. (b) [CJS 2014)
(c) The plaintiff may apply to the court (c) Substantial question of law
[Sections 96-112) 463. Under Section 100 of Civil Proc edure
which passed an er parte decree (d) Question of law
454. Which provision of the Code of Civil Code, 1908, "Second appeal" lies to the
against him, for· an order to set it Ans. (c) [C/S 2008)
Procedure 1908 deals with appeal from High Court only on the ground of
aside.
original decree? (a) Question fact 468. Under which Section of the Gvil
(d) No court shall set aside a decree Procedure Code • second appeal can
(a) Section 90 (b) Substantial question of law
passed er parte merely on the ground be filed
(b) Section % (c) Both on question of fact and law
that there has been an irregularity
(d) Mixed question of law and fact (a) Section 99
(c) Section 82 in the service of swnm on upon the
defendant. Ans. (b) [UJS 2015) (b) Section 99A
(d) Section 98
Ans , (b) [UP PCS CJ 2013] 464. Which one of the following cases is on (c) Secti on 100
Ans. (b) [PJS 2015)
459. Civil Procedure Code-Which one of second appeal? (c) Secti on 100A
455. Under section 96 of the C.P.C. an
the following is correct? (a) Madan IA/ v. Bai Krishna Ans. (c) [HJS 2010)
appeal can lie against the
(a) preliminary decree (a) Appellate Court shall have power to (b) S11dltir G. Angur v. M. Sanjeev 469. Second appeal under Section 100 of
(b) original decree determine a case finally (c) Slteodan Singh v. Daryao Kumvar Code of Civil Proc edure lies
(c) secondary decree (b) Appellate Court shall not remand a (d) Harshad Chiman IA/ Modi v. D.LF. (a) On question of facts
case Universal Ltd. (b) On substantial questions of law
(d) none of the above
(c) Appellate Court shall not have a Ans. (a) [ UP PCS CJ 2006 I
Ans. (b) [UP PCS CJ 2008] (c) On mixed question of law and fact
power to frame issue and refer them 465. Under section 100A of the CPC, where (d) All the above
456. "No appeal shall lie from a decree for trial· any appeal from an original or appellate
passed by the court with the consent Ans. (b) [MJS 2011)
(d) Appellate Court shall not have decree or order is heard and decided by
of parties". It is provided- 470. Under the provisions of Code of Civil
power to take additional evidence a single judge of a High Court:
(•) Section 96(1) C.P.C. Procedure, no second appeal Iles
Ans. (a) [MP HJS 2015] (a) No further appeal shall lie from the
(b) Section 96(2) C.P.C. in a suit for recovery of money not
460, Second Appeal under section 100 of judgement and decree of such single
(c) Section 96(3) C.P.C. exceeding
Civil Procedure Code lies before: judge
(d) Secti on 96(4) C.P.C. (a) Rs. 25,000
(a) District Court (b) Further appeal shall lie under the
Ans. (c) (UP PCS 2003, UJS 2016] Letters Patent for the High Court
(b) Rs. 50,000
(b) High Court
 Code of Civil Procedure, 1908
Singha/ Ltw Publications 655
654 (c) No appeal lies Singha/ UIW Publication$
Code of Civil Proce dure, 1908
476, No second appeal shall lie under (d) ~upreme Court? 485. Which is not correct in respect of
(c) Rs. 1,00,000 Section 102 C.P.C. from any decree,
Ans. (c) [MPJS 2012) powers of the appellate court-
(d) Rs. 2,00,000 when the subject matter of original suit
481. Which of the following is not correct (a) To determine a case finally
Ans. (a) [MJS 2011] is for recovery of money not exceeding:
regarding the powers of Appellate (b) To remand the case
471. Second appeal under Section 100 of (a} Rs. three thousand
Court? (c) Does not have power to take
CP.C. lies (b} Rs. five thousand
(a) Appellate Court has power to additional evidence
(a) On question of facts (c) Rs. twenty thousand
determine a case finally (d) To frame issues and refer them for
(b) On substantial questions of law (d) Rs. twenty five thousand trial
(c) On mixed question of law & fact (b) Appellate Court has power to
Ans. (d) [UJS 2006]
remand the case Ans. (c) (CJS 2008)
(d) None of the above 477, Under Section 104 of the Code of Civil
(c) Appellate Court has no power to 486. Which one of the following combination
Ans. (b) [HJS 2011] Procedure an appeal can be preferred
take additional evidence is mis-matched under Civil Procedure
472. In second appeal the ~appreciation of against Code?
evidence is: (a) an order under Section 91 to refuse (d) Appellate Court has power to frame
issue and refer them for trial (a) Temporary Injunction - Order 39
(a) permissible permission to institute suit
Ans. (c) [JJS 2014) (b) Right to Lodge a Caveat - Section
(b) subject of revision (b) an order under Section 95 for 148A
(c) not permissible compensation 482. Which one of the following is not
(c) Suit by Pauper - Order 33
(c) an order under Section 92 included in the powers of the appellate
(d) none of these (d) Powers of Appellate Court- Section
(d) All of the above court?
Ans. (c) [~JS 2012] 102
Ans. (d) [UJS 2010] (a) To determine the case finally
473. Which of the following Sections of Ans. (d) [UJS 2016)
the CPC provide grounds for second 478. CPC-Will an appeal lie against an (b) To try the case de novo
order rejecting an application to set (c) To remand the case 487. Which of the following statement is
appeal? correct?
(a) Section 96 aside ex parte decree? (d) To take additional evidence
(1) An appeal may lie from an original
(b) Section 100 (a) Yes Ans. (b) [UJS 2002] decree passed ex part«
(c) Section 100A (b) No 483. Which of the following is not correct
(c) Not always (2) No appeal shall lie from a decree
(d) Section 101 regarding powers of appellate court?
(d) None of the above passed by the Court with the consent
Ans. (b) [UJS 2012] (a) Have power to determine a case of parties
Ans. (a) [MP HJS 2015] finally
474. A second appeal under Section 100 of
479. Which of the following orders cannot (3) No appeal shall lie on a question of
the Code of Civil Procedure, 1908 lies (b) Have power to remand the case law
to the High Court .. be appealed against under Code of
(c) Not have power to take additional
Civil Procedure? (a) Only (1)
(a) On the point of law evidence
(a) An order to set aside the dismissal (b) Only (2)
(b) On mixed question of law and fact (d) Have power to frame issue and refer
of a suit. them for trial (c) Only (3)
(c) On disputed questions of fact
(b) An order to set aside the decree (d) Both (1) and (2)
(d) On substantial question of law Ans. (c) [MPJS 2007)
passed ex parte. Ans. (d) [CJS 2016]
Ans. (d) [AJS 2012} 484, An appeal shall lie
(c) An order for grant of temporary
475. No second appeal shall lie from any
injunction. (a) from all orders passed by the Court PART VIII
decree when the subject-matter of the (b) only from such orders as provided
original suit is for recovery of money (d) None of these. REFERENCE, REVIEW
Ans. (d) [DHJS 2014] In the Code of Civil Procedure AND REVISION
not exceeding:
480. Whether appeal against the decision (c) from none of the orders passed by
(a) Rs. 15,000 [Sections 113-115]
in appeal of appellate bench of Small the District Courts
(b) Rs. 20,000 488. Who may apply for reference under
Causes Court/District Court would lie (d) from none of the decrees passed by
(c) Rs. 25,000 Section 113 of the Code of Civil
before the District Courts Procedure 1908
(d) Rs. 30,000
(a) Hon'ble High Court? Ans. (b) (BJS 2000) (a) A party to suit
Ans. (c) [HPJ 2009, HJS 2013)
(b) Competent Authority appointed by (b) Court
the State?
 Code of Civil Procedure, 1908
657
Si11glzal I.aw Pt1blications (a) discovery of new & important Singhal Law Publications

Codt of Civil Procedure, 190 8 656 evidence, not within the knowledge (c) exercise of jurisdiction not vested in
(c) Both (a) and (b) (c) An appeal is allowed by CPC but of the party concerned a court
(d) None of the above no appeal has been preferred (b) mistake of error of fact or law on (d) all of the above
Ans. (b) [UJS 2015) (d) Leave of the Court is obtained for the face of the record Ans. (d) (KCJ 2012]
. . filing review (c) both (a) & (b)
f C 1 504. Section 115 of the Civil Procedure Code
489. 'Reference' under the Code o IVI
Procedure may be made to: Ans, (c) [APJS 2011) (d) none of the above provides provision for the following:
(a) the Supreme Court 494. An application for review of an order Ans, (c) (a) Reference
[PJS 2010]
(b) the High Court or a decree can be made (b) Review
499, Review is maintainable
(c) the District Judge (a) to the appellate court (c) Revision
(a) When an appeal is provided, but no
(d) none of the above (b) by an advocate for a party appeal preferred (d) Appeal to the Supreme Court
Ans, (b) [HPJ 2009) (c) by a Sessions Judge (b) When no appeal is provided Ans. (c) [UP PCS CJ 2006, 2012)
490. If court is satisfied that a case pending (d) to the Court that made the order or (c) Both (a) & (b) 505. The nature of Revision under Code of
before it involves a question as to passed the decree (d) Neither (a) nor (b) Civil Procedure is that
validity of any Act, the Court should Ans. (d) [BJS 2000) (a) it operates as a stay of the
(a) Decide the validity of Act ·- A95. Aggrieved person may not apply for a Ans. (c) [HJS 2011] proceedings
(b) Refer the matter to the High coo/ review of an order or judgement of a 500, Under Section 115 of CPC, the High
(b) it operates as a stay of a suit.
(c) High Court should exercise power Civil Court, on one of the following Court has the power of:
(c) it operates as a stay of proceedings
to revision grounds: (a) Revision and suit both.
(d) Refer to supreme court for advice (a) A decree or order from which an (b) Review
Ans. (b) [CJS 201 ) appeal is allowed but from which (d) it shall not operate as a stay of the
4 (c) Reference suit or proceedings except where
491. Under Section 114 of the Code of Civil no appeal has been preferred (d) Vary or reverse any order whatsoever such suit or proceedings is stayed
P~edure, 1908, any person considering (b) A decree or order is passed in the Ans. (a) [CJS 2016] by the High Court.
hunself aggrieved by a decree or order absence of aggrieved person 501. Under Section 115 of the Civil Procedure Ans. (d) [UP PCS CJ 2013)
may apply for (c) A decree or order from whi,. h no Code, revision may lie to 506. Once revision is made before the court
(a) Review appeal is allowed (a) The Supreme Court under the Code of Civil Procedure,
(b) Revision (d) A decision on a reference from a
(b) The High Court 1908, it
(c) Reference court of small cause (a) acts as a stay on the proceedings
(c) District Court
(d) None of the above Ans. (b) · [MPJS 2007) (b) acts as a res-judicata on the issues
Ans. (a) [PJS 496. A j~dgment passed by a court can be (d) All of the above
20151 Ans. (b) [UJS 2016] (c) acts as an injunction for immediate
492. An application can be filed for review reviewed by: relief
of a Judgment if • ........ (a) the court passing the judgment 502. An application for revision under CPC
is filed under (d) shall not operate as a stay of suit
(a) If the judgment is erroneous (b) the court of District Judge
(a) Section 114 or other proceeding before the
(b) If there is error apparent on the face (c) the High Court court except where such suit or
of the record (d) the Supreme Court (b) Section 115
proceeding is stayed by the court
(c) U ~e matter is important and Ans. (a) [MPCJ 2006] (c) Section 116
Ans. (d) [RJS 2011]
d) reqlllres
N th
f rehearing 497 · A l~
· d gment passed by a court can be (d) Section 113 507. Which one of the following Sections of
( one o e above reviewed Ans. (b) IDS 2014] the Code of Civil Procedure deals with
Ans. (b) [AJS 2012) (a) by the court passing the judgment 503. Section 115 of the Code of Civil 'Revision'?
(b) by the court of District Judge Procedure applies to: (a) Section 110
493. A petition for review of judgement
would lie only when- (c) by the High Court (a) non-exercise of jurisdiction vested (b) Order Vl, Rule 13
(a) The person partly obeyed the (d) All of the above in a court (c) Section 115
judgement Ans. (a) {HJS 2010] {b) irregular exercise of jurisdiction (d) Section 120
(b) Deposits entire decretal amount 498· A 1· udgme n t can be reviewed on the vested in the court Ans. (c) [UJS 2009]
ground of
 Code of Civil Procedure, 1908
Singha/ Law P11blicatio11s 659
658 women from personal appearance in
Code of Civil Procedure, 1908
(b) Section 113 Reference, Section 114 Singluu Law Publie11tions
the court? (a) Section 80
508. Revisional jurisdiction of the High Review, Section 115 Revision of the (a) Section 133
Court arises when the subordinate (b) Section 134
CPC (b) Section 135
court: (c} Section 113 Reference, Section 114 (c) Section 135A
(a) exercised a jurisdiction not vested in (c) Section 135A (d) Section 132
Revision, Section 115 Review of the
it by law (d) Section 132
CPC Ans. (c) [UJS 2010]
(b) failed to exercise a jurisdiction (d) None of the above Ans. (dl (UJS 2012) 521. Affidavits to be filed in a Court can be
vested in it by law [HJS 2014} 516. Who among the following is not (a) authenticated by a Minister of State
Ans. (b)
(c) acted in the exercise of its jurisdiction entitled to exemption from persona) (b) cannot be authenticated except by
illegally PART IX, X & XI appearance in the Court? the judge presiding
(d) all the above RULES, MISCELLANEOUS (a) Former Indian Ruler (c) authenticated by a Judge, a
Ans. (d) [HPJ 20091 (b) Chairman of the State Legislative Magistrate or a Notary
[Sections 116-158)
509. Civil Procedure Code (U.P. Councils (d) authenticated by an advocate
513. The duration of existence of a Caveat
Amendment) Ordinance, 2003 relates (c) The Ministers of States Ans. (c) [BJS 2000)
filed under Code of Civil Procedure
to- (d) Collector 522. All orders and notices served on
1908 is
(a) Section 105 CPC. Ans. (d) [MP PCS 1998] or given to any person under the
(a) 60 days from the date on which it
(b) Section 103 CPC. was filed 517. The Code of Civil Procedure provisions of civil procedure code shall
(c) Section 115 CPC. (b) 30 days from the date on which it (a) exempts Ministers of States from be in writing has been provided under
(d) Section 100 CPC. (a) Section 141
was lodged personal appearance in Court
Ans. (d (UP PCS 2003) (b) Section 142
(c) 120 days from the date when it was (b) does not exempt any person from
510. Under which of the following personal appearance in Court (c) Section 143
lodged
circumstances, review of judgment (d) Section 144
(d) 90 days from the date, when it was (c) exempts advocates from personal
may not lie? Ans. (b)
lodged appearance in Courts [UP PCS CJ 2008,
(a) By a decree or order from which [UP PCS CJ 2012} (d) exempts Municipal Commissioners U}S 2006, 2016)
Ans. (d)
an appeal is allowed by this code, from personal appearance in Courts 523. Which one of the following sections of
514. (A) Women, who due to the customs
but from which no appeal has been the Code of CiviJ Procedure Code, 1908
and manners of the country, ought not Ans. (a) [BJS 2000]
preferred embraces the principle of restitutions?
be compelled to appear in public are 518. Exemption from personal appearance
(b) By a decree or order from which no in the court is provided under (a) Section 134
exempted from personal appearance in
appeal is allowed by this code (a) Section 133 of CPC (b) Section 144
Court. (B) However nothing shall be
(c) By a decision on a reference from a deemed to exempt such women from (b) Section 132 of CPC (c) Section 148A
court a small causes arrest in execution of civil process in (d) Section 151
(c) Section 143 of CPC
(d) Appeal dismissed any case in which the arrest of women Ans. (b) fUP PCS CJ 2015)
(d) Section 142 of CPC
Ans. (d) (MPJS 2012) is not prohibited by the Code of Civil 524. What is the meaning of restitution?
511. The 'doctrine of restitution' is based
Ans. (a) UJS 2014) (Section 144 C.P.C)-
Procedure. 519. Who of the following is exempted from
upon the maxim: (a) Both (A) and (B) of the above (a) Dispossessing a person in occupation
personal appearance before court?
(a) actus incumbit onus probandi statement are correct of suit property
(a) Ministers of Union
(b) actus curiae neminem gravavit (b) Only (A) of the above statement is (b) Re-adjudication of tfte claim
(b) Ministers of State (c) Restoration of suit
(c) actus dei nemini facit injuriam correct
(c) Judges of High Court (d) Restoring to a party on the
(d) actu« non-facit reum nisi mens sit tea (c) Only (B) of the above statement is
(d) All of these modification, variation or reversal
Ans. (b) [HPJS 2011) correct
512. Which of the following is correct. (d) Neither (A) nor (B) is correct Ans. (d) [CJS 2014) or decree
(a) Section 113 Review, Section 114 Ans. (a) (APJS 2012) 520. Which Section of the Civil Procedure Ans. (d) [APJS 2011}
Revision, Section 115 Reference of 515. Which one of the following Sections of Code grant exemption to Members of 525. A Caveat lodged under Section 148A of
the CPC the CPC provides exemption of certain Legislatures from arrest and detention CPC will remain in force from the d-ate
under civil process? it was lodged for
 Singltal l..nw Publications · Code of Civil Procedure, 1908 661
Code of Civil Procedure, 1908 660 Singhal Law Publiutions
(a) 15 days (a) 30 days (a) 20 days (a) 30 days
(b) 30 days (b) 45 days (b) 90 days (b) 90 days
(c) 60 days (c) 60 days (c) 60 days (c) 60 days
(d) 90 days (d) 90 days (d) 30 days (d) 15 days
Ans. (d) fUJS 2012) Ans. (d) [MPJS 2010] Ans. (b) [MPJS 2013-U] Ans. (b) [PJS 2015]
526. After, what period from the date 531. Which Section of the Code of Civil 536. Period of operation of caveat under 541. Under Section 148A of Code of Civil
of filing, that caveat ceases to be in Procedure provisions for Right to lodge C.P.C. is Procedure, a caveat shall not remain in
force:- a 'Caveat'? (a) Fifteen days force after the expiry of days.
(a) Ninety days (a) Section 148 (b) Sixteen days (a) 30
(b) Sixty days (b) Section 148A (c) Ninety days (b) 60
(c) Thirty days (c) Section 153A (d) Four months (c) 90
(d) Fifteen days (d) Section 1538 Ans. (c) [CJS 2014) (d) 120
Ans. (a) [CJS 2008] Ans. (b) [UJS 2010] 537, Which provision of the Code of Civil (e) None of these
527. A caveat shall not remain in force after 532. A caveat under the Code of Civil Procedure deals with right to lodge a Ans. (c) [PJS 2017]
the expiry of Procedure, 1908 may be lodged when caveat? 542. Lodging of caveat under Section 148-A
any (a) Section 148 of the Civil Procedure
I
(a) 45 days of C.P.C.
(b) 15 days (a) suit is instituted Code (a) Entitles the caveator to receive
(c) 90 days (b) proceeding is initiated or instituted (b) Section 148A of the Civil Procedure notice of the application
(d) 60 days (c) suit is about to be instituted Code (b) Makes the caveat or a party to the
·1 (c) Section 147 of the Civil Procedure
Ans. (c) [PJS 2010] (d) suit or proceeding is instituted or suit
about to be instituted Code
528. Right to lodge a 'caveat' has been (c) Both (a) & (b)
Ans. (d) [RJS 2011] (d) Section 146 of the Civil Procedure
provided under (d) None of the above
533. A person claiming a right to appear
Code
(a) Section 148 of the Code of Civil Ans. (a) [HJS 20111
before the court may lodge a caveat Ans. (b) [HJS 2014]
Procedure, 1908 543. Time for instituting a suit can be
under which provision of the Civil 538. A "Caveat" shall not remain inforce
(b) Section 148A of the Code of Civil enlarged by invoking which of the
Procedure Code, 1908 . after the expiry of
Procedure, 1908 following provisions?
(a) Section 148 (a) 30 days of its filing
(c) Section 148B of the Code of Civil (a) Section 151 C.P.C.
(b) Section 148A (b) 60 days of its filing
Procedure, 1908 (b) Section 5 of the Limitation Act, 1963
(c) Section 151 (c) 90 days of its filing
(d) Section 147 of the Code of Civil (c) Section 148 C.P.C.
Procedure, 1908 (d). None of the above (d) 120 days of its filing
(d) None of the above.
Ans. (bl [TJJS 2009] Ans. (b) [AJS 2012] Ans. (c) (UJS 2015, HADA 2016)
Ans. (c) [UP HJS 20091
534. Under section 148 of C.P.C., the Court 539. 'Caveat' shall not remain in force after
529. Caveat shall not remain in force after 544. The provisions regardin g inherent
can enlarge the time not exceeding in the expiry of:
expiry of- powers of the courts are mentioned in
total- (a) 30 days from the date on which it
(a) Ninety days the Code of Procedure in:
(a) 90 days was lodged
(b) Sixty days (a) Sections 135A to 141
(b) 60 days from the date on which it
(c) Thirty days (b) 60 days (b) Sections 148 to 1538
was lodged
(d) Fifteen days (c) 45 days (c) 90 days from the date on which it (c) Sections 31 to 356
Ans. (a) [MP PCS 1998, CJS 2004, (d) 30 days was lodged (d) None of the above
MPCJ 2006] Ans. (d) [MPJS 2013-II] (d) 120 days from the date on which it Ans. (b) [HPJS 2016]
530. A caveat lodged under section 148A(l) 535. Where a Caveat has been lodged was lodged 545. Inherent powers may be used by the
shall not remain in force after the under section 148A of C.P.C., what is Ans. (c) [HPJS 2016] Court for
expiry of:- the period after expiry of which such 540. Caveat under the Code of Civil (a) the end of justice
Caveat shall not remain in force? Procedure, 1908 shall not remain in (b) to prevent abuse of the process of
force after the expiry of the court
Code of Civil Procedure, 1908 662 Singha/ Law P11blic11tions code of Civil Procedure, 1908 663 Singha/ lJ1w Publicatwns
(c) both (a) and (b) above (a) Discretion in nature correct an accidental slip in a judgment, 560. General power to amend any error or
(d) None of the above (b) In addition to the power conferred It should be filed: defect in any proceedings in a suit
Ans. (c) [UJS 2016] under the other provision of the (a) within 30 days vests in the Court by virtue of
Code (b) within 60 days (a) Section 152, CPC
546. Under Section 151 of Civil Procedure
(c) Both (a) & (b)
Code, inherent powers can be exercised (c) within 90 days (b) Section 153, CPC
by the (d) None of the above
(d) any time (c) Section 153A, CPC
Ans. (c) [HJS 2011]
(a) Supreme Court Ans. (d) [KCJ 2012) (d) Section 153B, CPC
551. Under. which Section of the Code of
(b) High Court 556. derical or arithmetical mistakes in Ans. (b) [HJS 2014]
Civil Procedure "Inherent powers of
(c) District Court the Court'' has been provided? judgments, orders etc. can be corrected 561. Which one of the following sections of
(d) Any Court (a) Section 151 under the Code of Civil Procedure provides
Ans. (d) (MPJS 2013-1] (b) Section 141 (a) Section 152 of CPC for the trial in open Courts where
547. Inherent powers of the court can be (c) Section 152 (b) Section 154 of CPC public may have access?
exercised under CP.C. (d) Section 153 (c) Section 155 of CPC (a) Section 153A
(a) for the ends of justice or to prevent Ans. (a) [UJS 2010] (d) Section 153 of CPC (b) Section 1538
abuse of the process of the court 552. Inherent powers of the Court can be Ans. (a) [PJS 2010, ffiIJS 2011] (c) Section IS3C
(b) to help the plaintiff exercised 557. The power of a Court to correct clerical (d) Section 153D
(c) to help the defendant (a) for the ends of justice or to prevent or arithmetical mistakes in judgments, Ans. (b) [UJS 2014]
(d) to grant interim relief the abuse of the process of the Court decrees or orders:
562. An order passed under section 151
Ans. (a) [UJS 2014] (b) even when there is a specific (a) May at any time be exercised by C.P.C. is:
548. Under the inherent powers of the Civil
provision in the Code of Civil Court of its own motion
Procedure (a) Appealable
Court it can pass orders (b) May at any time be exercised on an
(c) to help a party application by any of the Parties (b) Revisable
(a) To refer the matter of Mediator
(d) to defeat the ends of justice (c) Either (a) or (b) (c) Not liable to be interfered with
(b) Necessary for the ends of justice or
Ans. (a) [BJS 2000) (d) None of the above (d) Not reviewable
to prevent abuse of the process of
the Court
553. Power granted to a Court under Section Ans. (c) [APJS 2012] Ans. (b) [MP PCS 1996J
151 of the Code of Civil Procedure is 563. Under the provisions of the Code
(c) For compelling the parties to settle 558. Section 152 of the CPC empowers the
known as: of Civil Procedure, the court has no
their case Court to amend judgement, decrees, or
(a) Inherent power orders in respect of inherent jurisdiction:
(d) For compelling a plaintiff to (b) Appellate power
withdraw his suit (a) Clerical or arithmetical mistakes (a) to restore a suit dismissed for non-
(c) Revisional power only payment of court fees
Ans. (b) [J\.1PJS 2012]
(d) Reviewing power (b) Accidental slips or omissions only (b) to restore an election petition
549. Inherent powers conferred under Ans. (a) fMPJS 2009] (c) (a) and (b) both dismissed for default
Section 151 of the Code of Civil
554. Inherent powers of the court to meet (c) to consolidate suits based on
Procedure, 1908, may be exercised by (d) None of the above
the the ends of justice have been saved different claims
under Section of the Code of Ans. (c) (UJS 2012]
(a) Supreme Court only 559. Under Section 152 CPC an order can be (d) all the above
Civil Procedure, 1908
(b) High Court only corrected by the court where there has Ans. (d) [HPJ 2009]
(a) 149
(c) District Court only (b) 150 been 564. In which of the following cases it Willi
(d) Supreme Court, High Court, District (a) a clerical mistake. held that "inherent power has not been
(c) 151
Court as well as by any Civil Court (b) an arithmetical mistake. conferred on a court, it is a power
(d) None of the above inherent in the court ........ "?
Ans. (d) [UP PCS CJ 2013) Ans, (cf [PJS 2015] (c) an error caused by an accidental slip
or omission. (a) Ma11oharla/ v. Srl/r Hiralal
550. Inherent powers under Section 151 of 555. The defendant wants to file an
C.P.C. are (d) All these (b) Cotton Corporatio11 India v. United
application under Section 152 CPC to
Ans. (d) [DHJS 2014] Industrial Bank
Code of Civil Procedure, 1908 664 Sin!llia/ Law Publications
Code of Civil Proced11re, 1908 665 Singha/ 1.J1w Publicatimls
(c) Satyabrat Biswas v. Kalyan Kumar may sue or defend on behalf of all in
73, On account of mis-joinder or non- (a) can be taken at any stage of the
Kishku · same interest? 5
joinder of parties, under Order I, Rule proceedings
(d) Rajani Bai v. Kam/a Devi (a) Order 1, Rule 1 9 of CPC, the suit (b) should be taken at the earliest
Ans. (a) [UJS 2002, UP PCS 2003, (b) Order 1, Rule 2 (a) is liable to be dismissed possible opportunity or shall be
Bihar APO 2013) (c) Order 1, Rule 8 invalid
(b) cannot be dismissed
565. When proper Court fees is not paid by (d) Order 1, Rule 9 (c) can be taken in appeal or revision
(c) may be dismissed or may not be
the plaintiff, the Court shall- Ans. (c) [UJS 2006, 2009, HPJS 2011) for the first time
dismissed as per the discretion of
(a) Reject the plaint · 569. Representative Suit under Order 1 (d) either (a) or (c)
the court
(b) Shall grant time to the plaintiff to Rule 8 of CPC may be permitted by
(d) none of the above Ans. (b) [All India Bar 2016)
pay deficit Court fees the Court when-
Ans. (b) [PJS 2010) 579. Which is the case of which notice
(c) The Court shall send a report to the (a) Numerous persons are parties in
574. A suit may be defeated due to: to all the persons interested in a
government another suit
representative suit need not be given?
(d) None of the above (b) Numerous persons belong to the (a) Non joinder of a proper party
(a) abandonment of the suit
Ans. (b) (APJS 2011] same family (b) Mis-joinder of a necessary party
(b) withdrawal of the suit
566: Where any period is fixed or granted by (c) Numerous persons have the same (c) Non joinder of a necessary party
(c) recording of compromise in a suit
the Court for doing an act prescribed interest in one suit (d) Mis-joinder of a proper party
by .the Code of Civil Procedure, the (d) None of the above (d) addition of a new defendant in a
Ans. (c) [DJS 2011, RJS 2016] suit
Court may enlarge such period Ans. (c) · [APJS 2011]
575. A suit in representative capacity can be Ans. (d) (KJS 2011)
(a) Not exceeding 90 days in total 570. A suit filed in representative capacity
filed by virtue of 580. A necessary party is one in whose
(b) Not exceeding 30 days_in total can be withdrawn, compromise and
abandoned etc. by the plaintiff: (a) Order I, Rule 8A of CPC (a) absence no order can be made
(c) Not exceeding 60 days in total
(d) Not exceeding 120 days in total (a) Without notice to all the persons (b) Order I, Rule lOA of CPC effectively
Ans. (b) [MPJS 2012) interested , (c) Order I, Rule 8 of CPC (b) absence an order can be made but
(b) After notice to all the persons (d) Order I, Rule 9 of CPC whose presence is necessary for the
567. In which case it was held that the order
passed under S. 151 restoring execution
interested Ans. (c) DJS 2016) complete decision of the case
case dismissed by the Court while (c) Both (a) & (b) 576. Under C.P.C. where a person who is a (c) only (b) is correct
rejecting Decree-holder's prayer for (d) Either (a) or (b) necessary party to a suit has not been (d) none of above
adjournment to take necessary steps, Ans. (b) [HPJS 2007-1) joined as a party, it is a case of Ans. (a) [HJS 2010)
is neither appealable nor revisable- 571. Which one of the following is not (a) mis-joinder
required in filing a representative suit ORDER II
(a) Keshardeo Chamaria v. Radha Kissen (b) non-joinder
Chamaria under Order 1 Rule 8 of the C.P.C.? FRAME OF SUIT
(c) both (a) & (b)
(b) M.P. Shrivastava v. Mrs. Beena (a) Numerous parties [Rules 1-7]
(d) none of the above
(c) Govardhan Das v. Lachhmiram (b) Same interest 581. As per Order 2 Rule 1 C.P.C., every suit
Ans. (b) [UP PCS CJ 2008)
(d) Premraj v. D.L.F. Housing and (c) leave of the court shall as far as practicable be framed so
577. Under which provision of the Code
Construction Company (d) Written permission of those who are as to:
of Civil Procedure, the parties can be
Ans. (c) .[MP HJS 2010) being represented (a) Afford ground for final decision
struck out, added or substituted?
Ans. (d) [UJS 2002] (b) To prevent further litigation
(a) Order 1, Rule 1
THE FIRST SCHEDULE 572. A suit under Civil Procedure Code can (c) Both (a) and (b)
be filed representative capacity:- (b) Order 1, Rule io
ORDER I (a) Under Order 1, Rule 8 (c) Order 1, Rule 3 (d) None of the above
(d) Order 1, Rule 9 Ans. (c) [PJS 2013]
PARTIES TO SUITS (b) Under Order 1, Rule 8A
Ans. (b) [HPJS 2011] 582. Order II, Rule 2 of CPC does not apply
[Rules 1-13] (c) Under Order 1, Rule 9
578. Objection as to non-joinder or mis- to
568. Which provision of the Code of Civil (d) Under Order 1, Rule 10
joinder of parties under Order 1, (a) application for execution
Procedure provides that one person Ans. (a) [MP APPO 2009]
Rule 13 of CPC (b) writ petitions
Code of Civil Procedure, 1908 666 Singlral Law Publications Code of Civil Procedure, 1908 667 Singlull 1.J1w Publiclllions
(c) both (a) and (b) (b) can unite several causes of action (c) both (a) and (b) (a) shall be attached with every
(d) none of the above in the same suit against the same (d) none of the above summ ons.
Ans. (c) [PJS 2010] defendant
Ans. (c) [HJS 2010] (b) is not neces.sary to attach with every
583. 'A' lets a house to 'B' at a yearly rent (c) unite only some causes of action in summons.
of rupees five hundred. The rent for the a suit ORDER IV (c) may be attached with the summons
whole of the years 1905, 1906 and 1907 (d) unite only the questions of law in a INSTITUTION OF SUITS when court permits.
is due~ unpaid. 'A' sues 'B' in 1908 suit (d) is attached with summ ons on the
[Rules 1-2]
only for the rent due for 1906- Ans. (b) [BJS 2000] request of the plaintiff.
591. Under Civil Procedure Code, 1908
(a) 'A' can afterwards sue 'B' only for 587. Which provision of the Code deals Ans. (a) (UP PCS CJ 2015)
"every suit shall be instituted by
the rent due for 1905 with joinder of causes of action:-
presenting a plaint in duplicate to the 595. A defendant under Order V, Rule lO)of
(b) 'A' can afterwards sue 'B' only for (a) Order 2 Rule 3 court or such officer as it appoints in C.P.C is required to appear, answer the
the rent due for 1907 (b) Order 2 Rule 2 this behalf." This is provided under claim and to file the written statement
(c) 'A' can afterwards sue 'B' for the (c) Order 2 Rule 1 (a) Section 26 (a) Within 90 days from the date of
rent due for 1905 and 1907 both (d) Order 1 Rule 2 service of summons
(b) Section 20
(d) 'A' cannot afterwards sue 'B' for the Ans. (a) [MPJS 2010, MP HJS 2008] (b) Within 60 days from the date of
(c) Order 3 Rule 1
rent due for 1905 or 1907 588. Which of the following is not a ground service of summons
(d) Order 4 Rule 1
Ans. (d) [MP PCS 2001] for the court to order separate trials (c) Within 30 days from the date of
Ans. (d) [UP PCS CJ 2015]
584. According to Order 2 Rule 3 of CPC, under Order 2 Rule 6 C.P.C.: service of summons
a plaintiff may unite in the same 592. Under Order IV Rule 1, sub rule (1) of (d) Within 15 days from the date of
(a) Delay in the trial
suit several against the same CPC, a suit is instituted when: service of summons
(b) Embarrassment of the trial
defendant (a) A copy of plaint is presented to the Ans. (c) fHJS 2011]
(c) Inconvenience court
(a) Issues 596. Dasti summons for service on the
(d) None of the above (b) A plaint in duplicate is presented to
(b) Claims defendant can be given to the plaintiff
Ans. (d) [PJS 2013] the court
(c) Causes of actions under:
589. The plaintiff wants to claim some (c) A plaint in triplicate is presented to
(d) Debts (a) Order V Rule 9A, C.P.C.
reliefs in a subsequent suit. He the court
Ans. (c) [HJS 2014] requires leave under which of the (b) Order V Rule 9, C.P.C.
(d) The court takes the plaint in
585. A lets a house to B at a yearly rent following provisions of the Code of (c) Order IV Rule 7, C.P.C.
consideration
of Rs. 10,000. The rent for the whole Civil Procedure? (d) Order V1 Rule 6, CP.C.
Ans. (b) (HPJS 2007-ll)
of the years 2006 to 2008 is due and (a) Section 80(2); Ans. (a) . [UP PCS CJ 2006,
593. Under Order IV, Rule 1, sub-rule (1) of
unpaid. A sues B in 2009 only for the (b) Section 20; UP HJS 2014)
rent due for 2007. CPC, a suit is instituted when
(c) Order II Rule 3; 597. Under Order V Rule 9(3) of the Civil
(a) a plaint in duplicate is presented to
(a) A can afterwards sue B for the rent Procedure Code, 1908 the expenses
(d) Order I Rule 8. the court
due for 2006 only for the service of summons to the
(b) A can afterwards sue B for the rent
Ans. (c) [WBHJS 2014] (b) a plaint is presented to the court defendant have to be born by
due for 2008 only (c) a plaint in triplicate is presented to
ORDER III the court
(a) the plaintiff
(c) A can afterwards sue B for the rent (b) the defendant
RECOGNIZED AGENTS (d) either (a) or (b) or (c)
due both for 2006 and 2008 (c) the court
(d) A cannot afterwards sue B for the
AND PLEADERS Ans. (a) ms 2016] (d) partly by plaintiff and partly by
rent due for 2006 or 2008 [Rules 1-6) ORDER V defendant
(e) None of these 590. Several persons can be joined as Ans. (a) [WBJS 2011,
plaintiffs, in cases ISSUE AND SERVICE OF UP PCS CJ 2016)
Ans. (d) fPJS 2017]
586. A plaintiff (a) where right arises out of the same SUMMONS 598. The court may also permit service of
(a} cannot unite several causes of action
act, in favour of such person (Rules 1-30) summons by the plaintiff in addition
in the same suit (b) where any common question of Jaw 594. Under Civil Procedure Code, 1908 copy to service of summons by the court by
is involved of plaint. Order 5, and __ of CPC.

Codt of Civil Procedure, 190
(a) Rule 9
(b) Rule 9A
(c) Rule 10
(d) Rule 11
Ans. (b) [HPJS 2012)
599. Which of the following statement is
incorrect?
(a) Where there are more defendants
than one, service of the swrunons
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.
Ans. (b) [CJS 2016)
600. Where the defendant is absent at the
time when service of summons is
sought to be effected on him at his
residence, there being no likelihood of
his availability within reasonable time
and in absence of an empowered agent,
the service may be made on
(a) any adult male member of his
family.
(b) any adult female member of his
family.
(c) a servant engaged by the defendant
at his residence.
(d) Both (a) and (b)
Ans. (d) [DJS 2014)
601. Where a defendant was avoiding service
deliberately, the court ordered service
by advertisement in a newspaper, but
it did not order to affix the summons
in the court house or at the defendant's
house also. The procedure adopted by
the court is
(a) regular
(b) irregular
(c) improper
(d) unjustified
Ans. (a) [KJS 2011 I
Si11gha/ Law P11blicntio11
code of Civil Procedure, 1908 669 Singlllll I.Aw Publiaitions
668
(c) Each one of the defendants the court (a) On servant
602. Where the person summoned cannot,
may strike out any (b) Minor daughter
by the exercise of due diligence, be
found, the summons may be served (d) None of the above (c) Adult son
(a) By affixing the same on the notice Ans. (d) [PJS 2013] (d) Munim
board of the Municipal Council of 606, Rules as to issue and service of Ans. (c) [CJS 2004]
Gram-Panchayat as the case may be summons in CPC are laid down in:
ORDER VJ
(b) By leaving one of the duplicates of (a) Order 5
the same for him with some adult (b) Order 7 PLEADINGS GENERALLY
male member of his family residing (c) Order 8 [Rules 1·18]
with him, and the person with (d) Order 11 610. Pleading means
whom the summons is so left shall, Ans. (a) [HPJS 2012) (a) Plaint or rejoinder
if so required by the summoning
officer, sign a receipt therefore on 607. Where the serving officer delivers or (b) Plaint or written statement
tenders a copy of the summons to the
the back of the other duplicate (c) Plaint or written statement or
defendant personally or to his agent, rejoinder
(c) By affixing the same on the
he must require such a person to sign (d) Plaint alone
conspicuous place of his house
an acknowledgement of service to be
(d) By serving the same on the servant Ans. (b) [MPJS 2015)
endorsed on the original summons.
of the person summoned and obtain 611. Pleading has been defined in
Then:
from him the acknowledgement (a) Order VI, Rule 1 of the Code of Civil
(a) The copy of the sununons will be
thereof on the back of the duplicate Procedure
delivered to the defendant.
Ans. (c) [MJS 2011) (b) Order VI, Rule 2 of the Code of Civil
(b) The original summons with the
603. Where the defendant is confined in a Procedure
defendant's signature thereon, will
prison, the summons shall be served: be returned to the court. (c) Order vm, Rule I of the Code of
(a) By affixing outside the prison Civil Procedure
(c) Both (a) and (b)
(b) By sending process server in the (d) The original summons with the
---
(d) Order Vlll,-Rule 2 of the Code of
prison Civil Procedure
defendant's signature thereon, will
(c) By delivery of the summons to the be returned to the plaintiff. Ans. (a) fUJS 2009)
Officer incharge of the prison for 612. Under the Code of Civil Procedure
Ans. (c) [DJS 2010)
service on the defendant "pleadings" means
608. Where in a suit the defendant is
(d) By production warrant through the absent from his residence and there (a) Plaint only
court is no likehood of his being found at (b) Written statement only
Ans. (c) [CJS 2003] the residence within a reasonable time, (c) Affidavit
604. Order 5 of C.P.C. provides for: service of the summons may be made (d) Plaint and Written Statement
(a) Issue and Service of Summons on: Ans. (d) [UJS 2010)
(b) Institution of Suits (a) Servant 613. Pleadings should state:
(c) Pleadings Generally (b) Minor son (a) Material facts
(d) Admissions (c) Adult daughter (b) The law
Ans. (a) [PJS 2013) (d) Munim (c) The evidence
Ans. (c) [MP PCS 1996) (d) Any facts
605. When there are more than one
defendants, the service of summons 609. During service of summons defendant Ans. (a} /HADA 2016)
shall be made on: was found absent from his residence 614. What is the essence of pleadings?
and within reasonable time no chance
(a) Anyone defendant identified as the (a) Plead facts not law
representative of all the defendants to get back at his residence, service of (b) Plead law not facts
(b) Majority of the defendant the summons inay be made on·
 code of Civil Procedure, 1908 671 Singlllll l.Jzw PublicationJ
Code of Civil Procedure, 1908 670 i,ig/,a/ I.Jlw Publications
a party to prove that in spite of all 631. Voluntary amendment is provided for
(c) Plead facts and law 621. Under Order VI, Rule 15 of CPC due diligence, the matter could not be under
(d) All the above pleading must be verified by raised before the commencement of the (a) Order 6, R-7, C.P.C.
Ans. (a) [UJS 2014) (a) all the partie trial: (b) Order 6, R-15, C.P.C.
615. Civil Procedure Code Pleading does (b) any one of the parties (a) Order XI Rule 12 (c) Order 6, R-17, C.P.C.
not include (c) all the parties if there are more than (b) Order VI Rule 17
(d) Order 6, R-19, C.P.C.
(a) Plaint one or any one of the parties only (c) Order VI Rule 16 Ans. (c) UCJ 20001
(b) Written Statement (d) (a) & (b) (d) Order V Rule 15 632. Amendment in pleading shall be
(c) Evidence Ans. (c) !AJS 2011] Ans. (b) [APJS 2012) effective:
(d) Material Facts 622. Under Order 6 Rule 16 C.P.C., pleading 627. Amendment in pleading shall be (a) from the date of the pleading
Ans. (c) [MP (CJ) JS 20141 on the ground that it is: effective (b) from the date of the application
616. Pleading must state: (a) Scandalous (a) from the date of pleading (c) from the date of the order
(a) Facts (b) Unnecessary (b) from the date of application (d) none of the above
(b) Law (c) Vexatious (c) from the date of the order Ans. (b) [PJS 2011]
(c) Evidence (d) All of the above (d) either (b) or (c)
(d) All of these 633. Under Order VI, Rule 17 at any stage
Ans. (d) [PJS 2013] Ans. (b) [WBJS 2011)
Ans. (a) (HPJS 2007-IIJ of proceedings the Court can allow to
623. The court may strike out any matter in 628. Under Order VI Rule 17 of the Code of alter or amend pleading to
617. No evidence is required to be pleaded any pleading Civil Procedure, the court can allow to (a) either party
in: (a) which may be unnecessary, alter or amend the proceedings to (b) to plaintiff only
(a) written statement scandalous, frivolous or vexatious (a) either party (c) to defendant only
(b) writ petition (b) which may tend to prejudice,
(c) counter affidavit (b} to plaintiff only (d) to only one defendant if there are
embarrass or delay the fair !!ial of
(d) all of the above (c) to defendant only more than one defendant
the suit
Ans. (dJ [HPJ 2009] (d) to only one defendant, if there are Ans. (a) [WBJS 2011)
(c) which is an abuse of the process of
618. Which one of the following is not a more than one defendant 634. Under Order VI, Rule 17 of C.P.C.,
the court
rule of pleading? Ans. (a) fUJS 2009) an application for amendment of
(d) all of the above
(a) Plead the fact and not the law Ans. (d) [DJS 2007] 629. An application for amendment of pleadings cm be allowed
(b) State the law and plead the facts pleadings is filed under: (a) Before the commencement of trial
624. 'Pleading' can be altered or amended
(c) Plead material facts only (a) Order 6 Rule 17 (b) After the commencement of trial
(a) under Order VI, Rule 9 of CPC
(d) Plead facts not evidence (b) Order 6 Rule 5 (c) Either before or after the
(b) under Order VI, Rule 10 of CPC
Ans. (b) [UP PCS 2003] (c) Order 38 Rule 5 commencement of trial
(c) under Order VI, Rule 16 of CPC
619. Pleadings must be signed (d) Order 21 Rule 1 (d) None of the above
(d) under Order VI, Rule 17 of CPC
(a) by the party only Ans. (a) [MPJS 2009) Ans. (c) (HJS 2011)
(b) by the pleader only
Ans. (d) DJS 2016]
630. The Court 635. If a party who has obtained an order
625. The Court may at any stage of the
(c) by the pleader and the party both (a) can allow amendment of pleading for leave to amend pleading does not
proceedings aJiow either party to alter
(d) by the pleader and successor of the or amend his pleadings under which at any stage of the proceeding amend the same within how many
pleader of the following of the CPC? (b) a party can amend its pleadings at days, he shall not be permitted to do
Ans. (c) [UJS 2012) any stage without leave of Court?
(a) Order VI Rule 14
620. Pleading must be signed (c) cannot allow amendment of (a) Fifteen day
(b) Order VI Rule 15
(a) by the party pleadings (b) Fourteen day
(c) Order VI Rule 16
(b) by the pleader (d) can allow amendment of written (c) Twenty day
(d) Order VI Rule 17
(c) by the party and his pleader statement only (d) Thirty day
(d) only by the pleader and not by the Ans. (d) [UJS 2012, HADA 2016]
Ans. (a) (BJS 2000] Ans. (b) (MP PCS 1998]
party 626. Under which provision of the Code
Ans. (c) [WBJS 2011) of Civil Procedure it is necessary for
 code of Civil Procedure, 1908 673 Sinrhal lAw Pub/,catums
Code of Civil Procedure, 1908 672 Singlra/ Law Publications {a) Affidavit 650. Every allegation of fact in the plaint,
636. If no time is prescribed in the order for (a) 30 days (b) Written-statement if not denied specifically except as
carrying out amendment, what is the (b) 45 day (c) Counter-claim against a person under disability shall
period within which amendment is to (c) 60 days (d) Plaint be taken to be
be carried out under Order 6 Rule 18 (d) None of the above Ans. (d) [UJS 2015) (a) untraversed
of the Civil I Procedure Code? (b) admitted
Ans. (a) [UP PCS CJ 2016] 646. A defendant should present written
(a) 30 day 641. According to Order VIII Rule 1 statement of his defence within thirty (c) proved
(b) 14 day the defendant shall file the written days from the service of summons on (d) none of the above
(c) 60 days statement of his defence within: him. The said period can be extended Ans. (b) [DJS 2007]
(d) 45 days (a) 30 days upto: 651. Counter claim and set off is under
Ans. Cb) (APJS 2011) (b) 45 days (a) 30 days (a) Criminal Procedure Code
637. If a party who has obtained an order (c) 60 days (b) 60 days (b) Evidence Act
to amend the pleadings under CPC, if (c) 90 days (c) Civil Procedure Code
(d) 90 days
not amended, after expiration of how (d) 100 days
Ans. (a) [MPJS 2012) (d) Partnership Act
many days shall not be permitted to Ans. (c) [HPJS 2016]
amend the same without the leave of 642. Order VIII Rule 1 of the CPC mandates Ans. (c) [MP HJS 20()())
that the defendant shall file the written 647. The defendant is required within 652. A sues B on a bill of exchange for Rs.
the court?
statement of his defence within: thirty days from the date of service of 500. B holds a judgment against A for
(a) 15 days summons on him to present a written
(b) 90 days (a) 60 days from the date of service of ~ Rs. 1000. The two claims being both
statement. However, if he fails lo do so definite pecuniary demands may be set
(c) 14 days summons
within the said period of thirty days, off. The illustration is given in:
(d) 30 days (b) 90 days from the date of service of he shall be allowed to file the same on
summons (a) Order VIII, Rule 5 of Code of Civil
Ans. (c) UJS 2014) such other day as may be specified by
Procedure
638. Pleading means: (c) 30 days from the date or service of the Court but not exceeding a period
summons (b) Order VIIl, Rule 6 of Code of Civil
(a) plaint only of;
(d) 10 days from the date of service of Procedure
(b) written statement only (a) 45 days
summons (c) Order VIII, Rule 7 of Code of Civil
(c) plaint and written statement (b) 60 days
Ans. (c) [HPJS 2007-II] Procedure
(d) plaint, written statement and {c) 90 days (d) Order VUI, Rule 9 of Code of Civil
643. Order 7 Rule 1 of Civil Procedure (d) 120 days
replication Procedure
Code, 1908 is related to Ans. (c) [MP HJS 2010)
Ans. (cl [MPCJ 2006] (e) None of these
(a) Pleadings's meaning 648. Under which provision of CPC a plaint
639. Which of the following must be stated Ans. (b) [PJS 2017)
in the pleadings: (b) Written statement is rejected by the Courts in the absence 653. 'Set-off' can be claimed
(a) Fae/a probantia (c) Particulars to be contained to plaint of cause of action
(a) in any suit
(b) Facto Probanda (d) None of the above (a) Order 7 Rule 11(a)
(b) in a recovery of money suit
(c) Both (a) and (b) Ans. (c) (UP PCS CJ 2016] (b) Order 7 Rule 11 (b) (c) in a suit for possession
(d) Neither (a) nor (b) 644. A plaint shall be rejected . (c) Order 7 Rule ll(d) (d) in both (a) and (b)
Ans. (b) [HPJS 2007-1] (a) If it does not disclose a cause of (d) Order 7 Rule ll(c) Ans. (b) [UJS 2012)
action Ans. (a) !UJS 2015] 654. Mark the incorrect proposition:
ORDER VII (b) If it is filed in the wrong court 649. When a Court can reject a plaint? I. Set-off is a statutory defence to a
PLAINT (c) If proper parties are not added (a) Where plaintiff fails to comply with plaintiff's action, whereas a counter-
[Rules 1-18) (d) None of the abov Rule 9 claim is a cross-action.
640. What duration formally under Civil Ans. (a) (AJS 2012) (b) Where suit is barred by law IL Set-off and counter-claim arises out
Procedure Code, 1908 has been assigned 645. "It is a statement of claim, a document (c) Where plaint is not in duplicate of the same transaction.
to submit. the written statement after by presentation of which the suit is (d) All of the above Ill. Set-off should not be barred on the
the date of service of summons? instituted". It is called as Ans. (d) (UJS 2014] date of the suit while counter-<laim

Code of Civil Procedure, 1908 674
should not be barred on the date of
filing of written statement.
IV. Claim for set-off cannot exceed
plaintiff's claim, whereas counter·
claim can exceed the plaintiffs claim.
V. Both set-off and counter-claim cannot
exceed the pecuniary jurisdiction of
the court.
Codes:
(a) I only
(b) II only
(c) III and V
(d) IV only
Ans. (b) [DJS 2010)
655. Provisions relating to set off and
counter claims under civil procedure
code, 1973 are contained in
(a) Order VI
(b) Order VII
(c) Order VIIJ
(d) Order IX
Ans. (c) [UJS 20061 UP PCS CJ 2008]
656. Delay in filing the suit
(a) Cannot be condoned
(b) Can be condoned under Section 3 of
the Limitation Act, 1963
(c) Can be condoned under Order
VII, Rule 6 of the Code of Civil
Procedure, 1908
(d) Can be condoned under Section 5 of
the Limitation Act, 1963
Ans. (c) [HPJS 2007-11, HPJS 2011]
657. A sues B on a bill of exchange for
Rs. 1000 B holds a judgment against A
for Rs. 2000.
(a) Pecuniary demand may be set off
because both claims are definite
(b) Claims cannot be set off because
issues are different
(c) Both (a) and (b) are correct
(d) None of the above
Ans. (a) [APJS 2012]
Code of Civil Procedure, 1908 675 Singhal I.Aw Publications
Singha/ Law Publications
663, Which provrsion specifically enables (d) If the plaintiff undervalues or
658. Which of the following provision is the court to pronounce judgment in overvalues the claim for the purpose
related with set off under Code of Civil case the defendant fails to file written of choosing the forum, it is not the
Procedure? statement or subsequent pleadings? duty of the court to return it to be
(a) Order VIII Rule 5 (a) Order X, Rule 8 CPC filed in the proper court.
(b) Order VIII Rule 6 (b) Order VIII, Rule 10 CPC Ans. (d) [DJS 2010)
(c) Order VII Rule 5 (c) Order .XVllI, Rule 8 CPC 667. A plaint is liable to be returned, when
(d) Order VU Rule 6 (d) Order .XVlli, Rule 10 CPC (a) plaint is on an insufficiently stamped
Ans. (b) [UP PCS CJ 2012] Ans. (b) [PJS 2015] paper
659. In a written statement, a defendant can 664, If the defendant fails to file written (b) plaint is not filed in duplicate
claim statement __ . (c) relief is undervalued in the plaint
(a) set-off (a) the court would hear the suit (d) plaint is filed in a court having no
(b) counter-claim ex-parte jurisdiction
(c) both (a) and (b) (b) the court may pass judgment against Ans. (d) UCJ 2exx>J
(d) either (a) or (b) him 668. Under CPC 1908, if the court finds
Ans. (c) [AJS 2011] (c) the court shall issue notice at any stage that it has no pecuniary
660. Which of the following order of CPC (d) none of the above jurisdiction with respect to the subject
is related to "Set-off" and "counter- matte.r of the suit, it will
Ans. (b) [MJS 2010]
claims" (a) dismiss the suit
665. Order VII, Rule 10 of Civil Procedure
(a) Order VI (b) proceed with the suit
Code provide for
(b) Order VIIJ (c) amend the suit
(a) Return of Plaint
(c) Order VII (d) return the suit
(b) Rejection of Plaint
(d) Order IX Ans. (d) (MPJS 2013-I]
(c) Admission of Plaint
Ans. (b) (UJS 2015] 669. Order 7, Rule 10 to 108 provides for:
(d) Both (a) and (b) above
661. Provisions relating to set-off and (a) Return of Plaint
counter-claims are contained in which Ans. (a) [UJS 2010)
(b) Admission of Plaint
of the following order to the code of 666. Mark the incorrect statement:
(c) Rejection of Plaint
Civil Procedure, 19087 (a) The court must be competent to try
(d) Documents relied on in Plaint
(a) Order Vl the suit at the time of filing of the
Ans. (a) [HPJS 2012]
(b) Order yrr suit. Subsequent change in value
does not affect the jurisdiction. 670. In case the suit has been instituted in ;i
(c) Order VIII
(b) It is the plaintiff's valuation in court having no Jurisdiction, territorial
(d) Order IX
or pecuniary, the plaint is liable to be
Ans. (c) (PJS 2015] the plaint that determines the
jurisdiction of the court and not (a) returned
662. On failure to file the written statement,
the amount for which ultimately (b) rejected
under Order VIII, Rule 10 of C.P.C. the
Court the decree may be passed by the (c) either (a) or (b)
court. (d) none of the above
(a) May pronounce the judgment at
once (c) ff the pecuniary jurisdiction of the Ans. (a) [HJS 20101
(b) May order for striking off the court is Rs. 10,000 and the plaintiff 671. If the court finds that it has no
defence files a suit for accounts and finaUy pecuniary or territorial jurisdiction to
the court finds on taking the account try the suit, the proper order will be
(c) May pass any other order
(d) Either (a) or (b) or (c)
Ans. (d) [HHJSJ
1 that Rs. 15,000 are due, the court is
not deprived of its jurisdiction to
(a) To suo-moto transfer the suit to the
court having jurisdiction
'f pass a decree for that amount. (b) To dismiss the suit
 eotJeoJCivil Procedure, 1908 677 Singha/ LRw Publications
Code of Ci vil Procedure, 190, 676 Si11g/111/ Lnw P11blicatio11s
(c) Where the relief claimed in 686. Under order 7 Rule 11 of the CPC 1908.
(c) To return the plaint 677. On which of the following grounds a undervalued and it is not corrected The plaint shall not be rejected
(d) To return the plaint for presentation plaint will not be rejected
after the order of Court (a) where it discloses cause of action
in proper court (a) Where the suit appears from the
(d) Where the suit appears from the (b) where the suit appears from the
Ans. (d) [MJS 2011 J statement in the plaint to be barred
statement in the plaint, to be barred statement in the plaint to be barred
672. The Court can reject the plaint under by any law
by law by any law
Order VU, Rule ll(e) of CPC, if it is (b) Where the relief claimed is
Ans. (b) (MPJS 2007] (c) where the plaintiff fails to comply
not filed in undervalued, and the plaintiff,
on being required by the court to 682. The plaint shall be rejected in the with the provision of Rule 9
(a) triplicate
correct the valuation within a time following ground also: (d) where it is not filed in duplicate
(b) duplicate
to be fixed, fails to do so (a) Where it is not filed in 2 copies Ans. (a) [MP (CJ) JS 2014)
(c) quadruplicate
(c) Where it does not disclose a cause (b) Where it is not supported with 687. Order rejecting plaint under Order 7
(d) only (c) and not (a) or (b)
of action affidavit Rule 11 of CPC
Ans. (b) fWBJS 2011)
(d) Where it has not been presented by (c) Where plaintiff has not affixed his (a) is a decree
673. A plaint can be rejected
an Advocate photo (b) is an order
(a) under Order VIl, Rule 10 of CPC
Ans. (d) [CJS 2008] (d) Where plaintiff does not put his (c) is a deemed decree
(b) under Order vn, Rule IDA of CPC
678. Under which one of the following signature (d) is an interim order
(c) under Order vn, Rule 11 of CPC
"rejection of plaint" has been Ans. (a) [CJS 2003) Ans. (c) [APDSJ 2011, MPJS 2015)
(d) all of the above
mentioned in C.P.C. 683. Which one of the following is a newly 688. Under Civil Procedure Code, in which
Ans. (c) (WBJS 2011,
(a) Order VII Rule 11 added ground for rejection of a plaint of the following cases the Court cannot
AJS 2011, UJS 2012]
(b) Order VI Rule 13 under Order 7 Rule 11 of C.P.C.7 reject the plaint?
674. Where the plaint is not filed in
duplicate, the plaint may be: (c) Order VIl Rule 12 (a) Non-disclosure of cause of action (a) Where the relief claimed is
(a) returned by the Court (d) Order vm Rule 4 (b) Under valuation of relief claimed undervalued, and the plaintiff,
Ans. fa) (UP PCS CJ 2006, on being required by the court to
(b) rejected by the Court (c) Barred by any law
UP PCS CJ 2008) correct the valuation within a lime
(c) dismissed by the Court (d) Plaint not filed in duplicate
679. A plaint can be rejected to be fixed by the Court, fails to do
(d) admitted by the Court Ans. (d) (UJS 2002] so.
Ans. (b) [MPJS 2011] (a) Under Order 8, Rule 10 of C.P.C.
684. Whether the appeal or revisional court (b) Where the suit appears from the
675. After rejection of plaint, whether the (b) Under Order 8, Rule lOA of C.P.C.
can return the plaint under Order 7 statement in the plaint to be barred
plaintiff can institute fresh suit on the (c) Under Order 7, Rule 11 of C.P.C. Rule 10 CPC after set side the decree: by any law.
same cause of action:- (d) None of the above (a) No (c) When the plaint is insufficiently
(a) can institute another suit Ans. (c) (HJS 2011]
(b) On technical ground stamped and the plaintiff on being
(b) cannot institute another suit 680. The plaint shall be rejected: (c) With the consent of parties required by the Court to supply the
(c) can institute with the permission of (a) if it does not disclose a cause of requisite stamp-paper within a time
(d) Yes
the high court action to be fixed by the court, fails to do
Ans. (d) (CJS 2003)
(d) None of the above (b) where suit appears to be barred by so.
Ans. (a) [CJS 2008) any law 685. Can a document which is not produced
with the plaint and which ought to (d) Where the plaint discloses a cause
676. A fresh suit on the same cause of action (c) where it is not filed in duplicate of action.
have been produced by the plaintiff,
is not barred when (d) all the above Ans. (d) [DJS 2015,
be received in the evidence on his
(a) rejected under Order Vil, Rule 11 of Ans. (d) (HPJ 2009] MPJS 2013-Il)
behalf?
CP 681. The plaint shall not be rejected in one (a) No 689. The plaint shall be rejected by the
(b) dismissed under Order IX, Rule 2 of of the following conditions: court, under Order 7, Rule lt(e) of the
CPC (b) Yes
(a) Where it does not disclose a caus Code of Civil Procedure, if it is not
(c) dismissed under Order IX, Rule 3 of of action (c) Only with leave of court
filed in:
CPC (d) Only before framing of issues
(b) Wher,. it is not submitted by an (a) Duplicate
(d) either (a) or (b) or (c) Ans. (c) (CJS 2014]
advocate (b) Triplicate
Ans. (d) (PJS 2010)
Code of Civil Procedure, 1908 678 Sin12hal Lau: Publications code of Civil Procedure, 1908 679 Smghal Lzw Public-alion

694. Where a plaintiff sues upon a document • The period of limitation within which (a) (i) and (ii)
(c) Quadruplicate 698
in his power or possession, he must defendant shall submit his written (b) (i) and (ill)
(d) Five copies
produce it or a copy thereof statement is ordinarily within: (c} (ii) and (iii)
Ans. (a) [HPJS 2016, MPCJ 2006)
690. A plaint can be rejected by the court (a) along with the plaint (a) 60 days from service of summons (d) All these
under Order VII, Rule ll(e) of Civil (b) at the time of giving of evidence (b) Always 90 days from service of Ans. (b) [DJS 2014]
Procedure Code if the same is not filed (c) at the time of framing of issues ummons 702. 'A' and 'B' sue 'C' for recovery of Rs.
m:- (d) when ordered by the court (c) 30 days from service of summons or 1,000. 'C' has a. debt due to him by 'A'
(a) Duplicate Ans. (a) UCJ 2000] 90 days if allowed by the court alone. Here 'C' can
(b) Triplicate (d) 15 days from service of summons (a) set off the debt against 'B'.
(c) Quadruplicate ORDER VIII Ans. (c) [UP PCS CJ 2006] (b) set off the debt against 'A'.
(d) None of these WRITTEN STATEMENT, SET-OFF 699. In case of failure of filing the written (c) set off the debt against 'A' and '8'
Ans. (a) [MP APPO 2009] AND COUNTER-CLAIM statement within thirty days, the both
691. Where the plaint has been rejected the [Rules 1-10] defendant can be allowed to file the (d) cannot set off a debt due to him by
plaintiff on the same cause of action- 695. The meaning of written statement is: same on such other day specified by the 'A' alone.
(a) May file new suit (a) suit of plaintiff court for reasons recorded in writing, Ans.(d) [UP PCS CJ 2013}
(b) Can't file new suit which shall not be later than: 703. Set-off can be
(b) suit of defendant
(c) May present with the leave of High (a) 45 day (a) legal set-off
(c) answer by defendant of plaintiff's
Court (b) 60 days (b) equitable set-off
suit
(d) None of these (c) 90 days (c) both (a) and (b)
( d) answer by plaintiff of defendant's
AN. (a) [MP PCS 1998, CJS 2004] (d) 120 days (d) none of the above
suit
692:. U a document, which ought to be Ans. (c) [MPCJ 2006) Ans. (d (HJS 2010)
produced in the Court along with
Ans. (c) (UJS 2006]
700. The period of limitation within which 704. Under Order 8 Rule 6 C.P.C. set-off
the pleadings, is not produced, under 696. The defendant shall present his written
statement within . . . . . . . . ... days from defendant shall submit his written may be pe.rmJtted if-
Order VII, Rule 14(3) of C.P.C. at the
the service of summons upon him. statement is- (a) The suit is for recovery of property
- 'n gof fh·e sw
hiean - ·t
(a) 30 days from service of swnmons (b) Set-off claimed by the defendant is
(a) The same shall not be received in (a) 90
(b) 40 days from service of summons ·ertain.ed sum of money
evidence on behalf of the plaintiff (b) 120
(c) 60 days from service of summons (c) Value of property recoverable is less
(b) The same shall not be received in (c) 30
(d) 90 days from service of summons than rupees two lacs
evidence on behalf of the defendant (d) 60
Ans. (a) [UJS 2002] (d) Defendant presents a written
(c) The same shall not be received in Ans. (c) [MPJS 2012] statement of the suit
evidence on behalf of third party 701. Consider the following statementts).
697. As provided under Order 8 Rule 1 of Ans. (b) [UP 2003]
(d) None of the above (i) A defendant may set up, by way of
Code of Civil Procedure, the defendant 705. In which of the following cases can C
Ans. (a) [HJS 2011] a counter-claim against the claim
hall present a written statement of his set oJf the claim?
693. The. documents on which the plaintiff defence within _ ---- of the plaintiff any right or claim
relies upon in support his claim shall in respect of the cause of action (a) A sues C on a Bill
(a) One month from the date of service C alleges that A has
be filed by him in the court accruing to him.
(a) along with the plaint
of summons on him neglected to insure c·
(ii) The counter-claim may be submitted is liable to pay in compensation
(b) Thirty days from the date of issuance
(b) within seven days from the date by the defendant even after heh
of summons (b), A sues B and C for Rs. 1000 the debt
of order by the court for issue of delivered his defence.
(c) Thirty days from the date of service is due to C by A alone
umrnons.
of summons on him <BO The counter-claim shall not exceed (c) A sues Band C for Rs. 1000 the debt
(c) on the date fixed for forming of the pecuniary j urlsdiction of the
issues by the court. (d} Sixty days from the date of servic · due to C by A alone
court, (d) A sues C on a bill of exchang
(d) at the time or before the hearing of of summons on him
Ans. (c) lMJS 2011] Which of the statements given above 500. C holds a judgement ag:.i.u~
the suit.
are correct? for recovery of debt of Rs. I
Aos. (a) [UP PCS CJ 2013 J
Ans. (d) (
Code of Civil Procedure, 1908 680
706. If in any case in which the defendant
sets up counter-claim, the suit of the
plaintiff is stayed, discontinued or
dismissed the counter claim-
(a) Shall be stayed
(b) Nevertheless be proceeded with
(c) May be continued with the leave of
High Court
(d) No specific provision
Ans. (b) [MP PCS 1998]
707. If the suit is filed in a court having no
jurisdiction . (b) within 60 days
(a) it shall be dismissed
(b) it may be dismissed
(c) it shall be returned
(d) it shall be sent to record room
Ans. (c) [MJS 2010]
708. In a suit, plaintiff himself wishes
to appear as a witness. Without any
permission of Court, he may so
appear-
(a) At any time before evidence from
plain tiff's side is over
(b) At any time before evidence from
defendant's side is over
(c) At any time before arguments are
heard
(d) Only before any other witness on
his behalf has been examined
Ans. (d) [MP PCS 2001]
709. A prayer for extension of time beyond
the period of 90 days for filing the
writte.n statement
(a) can be oral
(b} has to be in writing
(c) can be either oral or in writing
(d) neither (a) nor (b), as the time cannot
be extended beyond 90 days
Ans. (d) fWBJS 2011]
710. On default in filing of written statement
under Order 8, pronouncement of
judgment
(a) ls mandatory
(b) Discretionary
Si11glta/ Law Publications
(c) Directory Rule 10 of CPC.
(d) None of the above
Ans. (b) [HJS 2011]
711. The provisions relating to particulars
of the written statement and counter
claim is in:
(a) order 8 of Code of Civil Procedure
(b) order 9 of Code of Civil Procedure
(c) order 10 of Code of Civil Procedure
(d) order 11 of Code of Civil Procedure
Ans. (a) [HPJ 2009]
ORDER IX
APPEARANCE OF PARTIES
AND CONSEQUENCE OF
NON-APPEARANCE
[Rules 1-14)
712. Where the suit is dismissed under rule
2 or 3 of order 9 C.P.C., the plaintiff?
(a) May bring a fresh suit subject to
Law of Limitation
(b) Cannot bring a fresh suit
0 date of hearing
(c) May bring a fresh suit with the
leave of High Court
(d) May bring a fresh suit with the
leave of District Judge
Ans. (a) [MP PCS 1998]
713. What the court can do when neither
party appears when it is called for
hearing?
(a) Ex pane order
(b) Refer for arbitration
(c) Refer for conciliation
(d) Dismissal of suit
Ans. (d) [CJS 2014)
714. Dismissal of the suit under Rule 3 of
Order 9 of the Code of Civil Procedure
(a) bar a fresh suit in respect of the
same cause of action
(b) does not bar a fresh suit in respect
of the same cause of action
(c) may bring a fresh suit with the leave
of the High Court
Code of Civil Procedure, 1908
(d) may bring a fresh suit with the leave
of District Judge
Ans. (b) [HPJS 2015]
715. A suit can be dismissed in default
(a) under Order IX, Rule 2 of CPC
(b) under Order IX, Rule 3 of CPC
(c) under Order IX, Rule 8 of CPC
(d) both (b) & (c)
Ans. (d) UJS 2016]
716. Which of the following order a court
may pass under Order IX, Rule 3 CPC
in a suit where neither plaintiff nor
defendant appears on fixed day of
hearing?
{a) Simple adjournment
(b) Dismissal of suit
(c) Imposition of costs
(d) Adjournment sine-die
(e) None of these
Ans. (b) [PJS 2017]
717. A fresh suit in respect of the same
cause of action is permissible
(a) where a suit is dismissed under
Order 9, Rule 8.
(b) where a suit is dismissed under
Order 9, Rule 3.
(c) where the suit abates under Order
22, Rule 3(2).
(d) where the plaintiff abandons the
suit under Order 23, Rule 1(1)
Ans. (b) [MP HJS 2011]
718. A suit may be dismissed where, after
a summons has been issued to the
defendant and returned unserved,
plaintiff fails to apply for fresh
summons for the period of-
(a) Thirty days
(b) Sixty day
(c) Seven days
(d) Two months
from the date of such return.
Ans. (c) [MP PCS 2001]
719. An application under Order IX, Rule 7
of CPC can be made
681 Singha/ lAw Publications
(a) within 60 days of the Order
(b) within 30 days of the Order
(c) at any time on or before the next
date of hearing
(d) any time during the pendency of the
suit .
Ans. (c) ms 2016]
720. Application under Order 9, Rule 7 of
CPC to set aside the order of ex partt
proceeding may be filed
(a) within 30 days
(c) within 90 days
(d) At or before the date fixed for
hearing
Ans. (d) [MP (CJ) JS 2014]
721. Under Order IX, Rule 7 of the Code of
Civil Procedure, an application can be
made:
(a) any time during the pendency of the
suit
(b) at any time on or before the next
(c) within 60 days of the Order
(d) within 90 days of the Order
Ans. (b) [KCJ 2012)
722. A Suit may be dismissed where, after
a summons has been issued to the
defendant and returned unserved,
plaintiff fails the apply for fresh
summons for the period of-
(a) Seven days
(b) Sixty days
(c) One month
(d) Two months when the plalntiff fails
to apply for fresh summons from
the court
Ans. (a) [CJS 2004)
723. 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
,,
Cod, of Civil Procedure, 1908 682 Singlia/ Law P11blicatio,,s
Code of Civil Procedure, 1908 683 Singha! Law Put,/ioitions
(d) If an application (b) above is (b) B can seek setting aside of the ex
(c) Pass the decree of the whole claim 729. In a suit for partition three defendants
dismissed can file appeal to dispute parte order if he is able to show
(d) Proceed ex parte (proceedings) were set ex parte. Preliminary decree
the correctness of order passed good cause for his non-appearance.
against defendant was passed. On the application of
one of the three defendants the Court Ans. (b) [APJS 2012] (c) Both (a) and (b) are correct.
Ans. (b) [CJS 2003]
724, A suit dismissed under Order IX, Rule set aside the decree as against all the 733. Under which of the following (d) Both (a) and (b) are incorrect.
8 of C.P.C. for non-appearance of the defendants. The order of the court is provisions of the Code of Civil Ans. (c) (DJS 2010]
plaintiff can be restored under:- (a) legal Procedure, 1908 an ex parte order and 736. A suit may be dismissed where
(a) Order IX, Rule 9 ex parte decree may be set aside? (a) summons are not served on the
(b) irregular
(b) Order IX, Rule 10 (a) Order 9, Rule 7 and Order 9, Rule 10 defendant in consequence of the
(c) unjustified
(c) Order IX, Rule 11 (b) Order 9, Rule 4 and Order 9, Rule 5 failure of the plaintiff to take proper
(d) illegal (c) Order 9, Rule 7 and Order 9, Rule 13
(d) None of the above steps like filing of court fee, postal
Ans. (a) [MP APPO 2009] Ans. (a) [DJS 2015, KJS 2011] (d) Order 9, Rule 11 and Order 9, Rule 12 charges or requisite number of
725. After dismissal of suit under Order 9, 730. Where the appellant has withdrawn Ans. (c) (RJS 2011] copies of plaint.
Rule 8 of CP.C, a fresh suit on the same the appeal preferred against a decree 734. A suit may be dismissed under Order (b) neither party appears when the suit
cause of action, under Order 9 Rule.9 passed ex parte, the application under 9 of Code of Civil Procedure, 1908: is called on for hearing.
of C.P.C Order 9 Rule 13 of CPC, shall be I. Where the summons is not served (c) plaintiff, after summons to defendant
(a) Is barred (a) Rejected upon the defendant in consequence has returned unserved, fails to apply
(b) Is not barred under any (b) Returned of the plaintiffs failure to pay costs for fresh summons for seven days.
circumstances (c) Maintainable for service of summons. (d) All these
(c) Is not barred subject to law of II, Where neither the plaintiff nor the
(d) Referred for opinion to the Appellate Ans. (dl [DJS 2014]
limitation defendant appears.
Court 737. After being proceeded against a p•rte,
(d) None of the above III. Where plaintiff, after summons
Ans.(c) [MPJS 2015, )JS 2014, the defendant is:
Ans, (a) [H)S 2011] return ed unserved, fails for 7 days
726. In the Code of Civil Procedure, an ex MPJS 2010, C)S 2003] (a) precluded absolutely for
to apply for fresh summons. participating in any proceeding in
parte decree can be set aside: 731. An ex parte decree can be set aside on
JV. Where on the date fixed for hearing the suit
(a) Under Order IX Rule 5 the ground that ·
in a suit only defendant appears (b) at liberty to join the proceedings at
(bl Under Order IX Rule 10 (a) summons were not duly served and he does not admit the plaintiffs
(c) Under Order IX Rule 13 the stage where the proceedings are
(b) non-appearance of defendant as claim.
(d) Under Order IX Rule 11 copies of documents filed with plaint
pending
Codes:
Ans. (c) [DJS 2007, RC) 2014] were not provided to defendant (c) at liberty to join the proceedings
(a) I, U and ID and do all the things which it
727, An ex part, decree can be set aside on (c) defendant refused to receive the (b) I, ID and IV would have done, had he not been
the ground of summons and thereafter no fresh (c) n, m and IV proceeded against ex part,, without
(a) summons not duly served summons were issued to him
(d) All of the above getting the ex parte order set aside
(b) being prevented by any sufficient (d) an ex parte decree cannot be set
cause from appearance Ans. (d) (DJS 2010] (d) none of the above
aside under any circumstances
(c) only (a) is correct 735. In a suit for recovery instituted by Ans. (b) [PJS 2011]
Ans, (a) [MPCJ 2006] A against B, despite the summons of
(d) both (a) and (bl ORDER X
Ans. (d) [PJS 2010] 732. When an ex parte decree is passed the suit having been duly served upon B,
728. An ex parte decree can be set aside:
defendant: he did not appear on the date fixed in EXAMINATION OF PARTIES
(a) Under Order IX Rule 7 of CPC (a) Can file an appeal under Section 96 the summons on 1.3.1993, The court BY THE COURT
(bl Under Order IX Rule 11 of CPC of the Code of Civil Procedure consequently on 1.3.93 passed an ex [Rules 1-4]
(c) Under Order IX Rule 12 of CPC (b) Can file an application under Order parte order against B and listed the 738, Court can direct the parties to opt for
9 Rule 13 of the Code of-Civil case for 3.4.93 for er perte evidence of any one mode of alternative dispute
(d) Under Order IX Rule 13 of CPC
Procedure A. resolution in Civil Procedure Code,
Ans. (d) [HPJS 2007-11,
(c) To opt either (a) or (b) (a) B can participate in further 1908
UP PCS CJ 2010, DJS 2011, MPJS 2012]
proceedings of the case.
,·'
Code of Civil Procedure, 1908 684 ingltal Law Publication Code of Civil Procedure, 1908
685
Sing1ull Law Pid,Jic.ation.s
(a) Under Order X, Rule l·A ORDER XI 747. The consequences of non•compliance
(b) Under Order X, Rule 1-B with the order to answer interrogatories c~ be of any person, parties and
DISCOVERY AND INSPECTION witness alike.
(c) Under Order X, Rule 1-C or for discovery or inspection of
[Rules 1·23) documents have been dealt with under (c) ~ party ~g affidavit in reply to
( d) Under Order XI, Rule 1
742. A party under CPC may object to (a) Order XI, Rule 12 of the Civil mterrogatones can neither cross-
Ans. (a) [UP PCS CJ 2016] answer in interrogatory if it is: Procedure Code examine nor adduce evidence to
739. Civil Procedure Code at the first (a) Scandalous and irrelevant contradict it, as it is a conclusive
(b) Order XII, Rule 12 of the Civil proof.
hearing of the suit, the Court must (b) Mala fide and immaterial Procedure Code
(a) Frame and record issues (d) All of the above.
(c) Privileged (c) Order Xl, Rule 21 of the Civil
(b) Record the evidence of plaintiff ,( d) All of these Procedure Code Ans. (d) [DJS 2010]
(c) Ascertain whether the allegations Ans. (d) [HPJS 2012] (d) Order XII, Rule 21 of the Civil ORDER XII
in the pleadings are admitted or 743. Objections to interrogatories under Procedure Code ADMISSIONS
denied Order XI, Rule 6 of CPC can be made Ans. (c) [HJS 2014] [Rules 1-9]
(d) All of the above if it is
748. Interrogatories shall be answered 751. Under Order 12, Rule 2 of the Code of
Ans. (c) [MP (CJ) JS 2014] (a) scandalous under Code of Civil Procedure by way Civil Procedure, the time to be given to
740. Which of the proposition is incorrect (b j irrelevant of affidavit to be filed within .. a party to admit any document when
with regard to oral examination of a (c) not bona fide days or within such other time as the called upon by notice is
puty by the Court under Order 10 Rule (d) all of the above Court may allow. (a) 15 days from the date of service of
2 CPC? Ans. (d) [WBJS 2011) (a) 30 noti
(a) The examination need not be 744. Any objection of interrogatories may (b) 20 (b) 10 days from the date of service of
restricted to allegations in the be taken on the ground that it is: (c) 10 notice
pleadings of the other party but can (a) lrrelevant (d) 45 (c) 7 days from the date of service of
relate to elucidating any matter in (b) Scandalous
notice
(e) None of these ,
controversy in the suit. (d) 21 days from the date of service of
(c) Not exhibited bona fide Ans. (c) [PJS 2017] noti
(b) The court can examine not only the (d) All or any of those 749. The leave may be granted by the civil
parties but any person accompanying Ans. (c) [HPJS 2015)
either party to the suit.
Ans. (d) (MPCJ 2006] court to deliver interrogatories 752. The Court
745. Interrogatories shall be answered as (a) only to the defendant since th,
(c) The statement made during the
(a) has no power to record admissions
provided under Order XI, Rule 8 of plaintiff is the master of the suit. of parties at any stage of th
course of examination is not on CPC
oath. (b) even if they relate to matters not in proceeding
(a) on a simple application question in the suit. (b) has power to record admissions
(d) The court can cross--examine any (b) on an-affidavtr only on issues of la
(c) notwithstanding the objection taken
of the parties with reference to a (c) has power to record admissions of
document. (c) by filing the documents by the opposite party.
(d) all of the above (d) if it considers the same necessary for parties at any stage of the proceeding
An.s. (d) fDHJS 2014) Ans. (d) cannot record admissions at all
74 .... The object of oral enmination under (b)
[WBJS 2011] disposing of the case fairly.
746. Discovery Ans. (d fBJS 2000]
Order 10 R. 2 of CP.C. is- and Inspection and Ans. (d) [DJS 2014)
753. When a party is called upon by notice-
(a) To elucidate the matters m administering interrogatories is a 7SO. Ma.rk the correct statement: to admit facts by the other party~ under
procedure under (a) The questions which are put only to
controversy in the suit Order XII, Rule 4 of C.P.C., the party
(a) Common Law test the credibility of a person will
(b) To record evidence on whom the notice has been se.rved
(c) To secure admissions (b) Penal Law not be allowed as interrogatori ...., has to admit the facts within
(d) None of the above (c) Code of Civil Procedure whil !though they may be asked in (a) 15 days of the service of notice
trying civil suits an ~dings oss-examination. (b) 9 days of the service of notice
Ans. (a> [MPJS 2013.fL DJS 2015) (d) Service Law (b) Interrogatories can be administered (c) 7 days of the- service of notice
Ans. (c)
[MP HJS 2008] nly to a party to a suit and ~ot t? a (d) 6 days of the service of notice
witness, whereas cross-exan:unation Ans. tb> OCJ 20<X>J
,,.
Code of Civil Procedure, 1908
754. Judgment on admission can be given
(a) under Order XII, Rule 2 of CPC
(b) under Order XII, Rule 4 of CPC
(c) under Order XII, Rule 6 of CPC
(d) under Order XIl, Rule 8 of CPC
Ans. (c) ms 2016)
755. Rule 6 of Order 12 of the Code of Civil
Procedure provides:
(a) Notice to admit documents
(b) Judgement on admissions
(c) Production of documents
(d) Admission of documents
Ans. (b) [HPJS 2016)
756. Order XII, Rule 8 of CPC pertains to
(a) notice to admit fact(s)
(b) notice to admit document(s)
(c) notice to produce document(s)
(d) both (a) and (b)
Ans. (c) ms 2016J
ORDER XIII
PRODUCTION, IMPOUNDING
AND RETURN OF DOCUMENTS
[Rules 1-11]
757. Where a plaintiff sues upon a document
in his power or possession, he must
produce it or a copy thereof
(a) along with the plaint
(b) at the time of giving of evidence
(c) at the time of framing of issues
(d) when ordered by the court
Ans. (a) UCJ 2000)
758. 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
Ans. (a) [MPCJ 2016)
686 Singha/ Law Publications Code of Civil Procedure, 1908 687 Singha/ U1W Publicati01U
ORDER XIV (c) in applications 767. The parties to suit must submit the
(d) in documents list of their witnesses within the time
SETILEMENT OF ISSUES AND
Ans. (c) (MPJS 2010) prescribed by the court but not later
DETERMINATION OF SUIT ON 763. Which of the following "Orders and than:
ISSUES OF LAW OR ON ISSUES Rules" of the CPC provide for "Framing (a) 15 days after the issues are settled
AGREED UPON of issues"
[Rules 1-7] (a) Order xru Rule 1
(b) 30 days after the issues are settled
(c) 45 days after the issues are settled
759. "Framing of issues" is provided by (b) Order XN Rule 1
(d) 90 days after the issues are settled
which Rule of C.P.C.? (c) Order XIV Rule 2
Ans. (a) (HPJ 2009)
(a) Order XV Rule 1 (d) Order XIV Rule 5
(b) Order XIV Rule 1 Ans. (b) [UJS 2012, HADA 2016) 768. List of witnesses, after settlement of
(c) Order XVI Rule 1 issues, must be filed within
(d) Order XIII Rule 1 ORDER XV (a) 60 days
Ans. (b) [BHJS 2015) DISPOSAL OF THE SUIT AT (b) 45 days
760. Under Civil Procedure Code issues in THE FIRST HEARING (c) 30 days
a suit are framed in respect of:- [Rules 1-4]
(a) Questions of law (d) 15 days
764. Order XV of CPC talks about:
(b) Questions of facts (a) disposal of the suit at the first
Ans. (d) ms 20161
(c) Mixed questions of fact and law hearing 769. Dale appointed by my Court for
(d) All of the above
Ans. (d) [MP APP() 2009]
(b) settlement of issues presenting list of witnesses by the
parties to obtain summons to them for
(c) attendance of witness
761. Which of the follow~::;; statements is (d) notices their attendance in Court, shall not be
later than-
incorrect? Ans. (a) [CJS 2016]
(a) Where issues both of law and of fact (a) Ten days
arise and if the court is of opinion ORDER XVI
(b) Fifteen days
that the case may be disposed of SUMMONING AND (c) Eighteen days
on an issue relating to jurisdiction, AITENDANCE OF WITNESSES
(d) Thirty days
it may postpone the settlement of
[Rules 1-21]
other issues until after the issue of Ans. (b) IMP PCS 2001)
jurisdiction has been determined. 765. The list of witnesses, after settlement
of issues, must be filed within: 770. The Court has the power to summon a
(b) Where a suit may be disposed of person, who is not called by any pmy,
on preliminary issue, the court need (a) fifteen days
as a witness
not pronounce judgment on other (b) thirty days
(c) forty five days (a) Under Order XVI, Rule 18 of CPC
issues settled in the case.
(c) The preliminary issue may relate to (d) sixty day (b) Under Order XVI, Rule 14 of CPC
a bar to the suit created and law for Ans. (a) [KCJ 2012] (c) Under Order XVI, Rule 12 of CPC
the time being in force. 766. In a suit, the list of witnesses has lo be (d) Under Order XVI, Rule 10 of CPC
(d) None of these filed by the parties Ans. (b) [WBJS 2011)
Ans. (b) [DJS 2014) (a) before settlement of issues
771. Which Provision (Order) of Civil
762. A Court may not frame issues on the (b) after settlement of issues Procedure Code deals with summons
basis of allegations/contents made by (c) at any time
and attendance of witness?
the parties:-
(d) all of the above (a) Order 5 CPC
(a) in pleadings Ans, (b) (WBJS 2011]
(b) on oath (b) Order 10 CPC
 Code of Civil Procedure, 1908 689 Singha/ lAw PublialtiollS
Code of Civil Procedure, 1908 688 Singha/ /.Jlw Publications
(c) on affidavit (a) Examin ation of a witness before the
(c) Order 16 CPC ORDER XVII (d) All of the above hearing
(d) Order 21 CPC ADJOURNMENTS Ans. (c) [JCJ 20001 (b) Examin ation of a witness after the
Ans. (c) [MPCJ 2016) [Rules 1-3] 779. In every case the examination in Chief hearing
772. The provisions relating to the 775. Under proviso to sub-rule (1) of Shall be: (c) The court may at any stage of a suit
summoning and attendance of Order 17 of Code of Civil Procedure, (a) On affidavit make local inspection and make a
witnesses are under: the maximum adjournments can be (b) Orally memorandum of any relevant fact
(a) Order 16 of the Code of Civil granted, are (c) By typing in this court (d) Witness disabled by any reasons
Procedure (a) five (d) As court thinks fit authorizes other person acquainted
(b) Order 17 of the Code of Civil (b) four Ans. (a) [CJS2003] with facts to depose on his behalf
Procedure (c) three 780. Which one of the following Orders and (e) None of these
(c) Order 18 of the Code of Civil (d) two Rules under the CPC provide that in Ans. (a) [PJS 2017]
Procedure Ans. (c) every case of the examination-in-chief
(HPJS 2015, CJS 2016) 784. A witness who has already been
(d) Order 19 of the Code of Civil of a witness shall be on affidavit?
776. Which of the following is not a sufficient examined can be recalled under Order
Procedure (a) Order 18 Rule 4(1)
cause for granting adjournment? 18, Rule 17 of C.P.C.
Ans. (a) [HPJS2011] (b) Order 18 Rule 3
(a) Sickness of a party, his witness or (a) By the party calling the witness
ORDER XVIA his counsel (c) Order 18 Rule 2
(b) By the opposite party
(b) Non-examination of a witness (d) Order 18 Rule 1
A ITENDANCE OF WITNESSES (c) By the Court
present in the court Ans. (a) [UJS 2012)
CONFINED OR DETAINED (d) None of the above
(c) Non-service of summ ons 781. What is not correct about the recording
IN PRISONS of evidence under order 18 rule 4 of Ans. (c) [HJS 2011]
(d) Reasonable time for prep=ation of
[Rules 1-7] a case C.P.C.? 785. The Commissioner as appointed
773. In which condition the officer incharge (a) The examination in chief of a witness under the provisions of Order XVIII
of the prison may refuse to produce the
Ans. (c) UCJ 20001
777. If sufficient cause is shown by the shall be on affidavit of the Code of Civil Procedure for
prisoner for evidence despite court's (b) For cross examination the the purposes of recording of evidence
order- parties for adjourn the hearing of the
case the court shall not adjourn the commissioner shall be appointed cannot
(a) Where the prisoner is related to (c) The District Judge shall prepare a
case more than: (a) Re-examine a witness
Ruling party panel of commissioner to record the
(a) Once (b) Decide objections raised during the
(b) Where the prisoner is Ex-Minister evidence
(b) Twice recording of evidence
(c) Where the prisoner is Government (d) The admis sibility of docum ent which
Servant (c) Thrice (c) Neither of the above
are filed alongwith affidavit shall be
(d) Where Medical officer has certified (d) Four time determined by the commiss ioner (d) Both (a) and (b)
prisoner is unfit to be removed. Ans. (c) [CJS 2003) Ans. (d) [MP HJS 2015) Ans. {b) (APJS 2012, RJS 2016]
Ans. (d) [(JS 2004] ORDER XVIII 782. When English is not the language of 786. Hearing of the suit and examination
774. 'Prison' as defined in Order 16A of the the court, evidence may be taken in of witnesses is covered under Order
Code of Civil Procedure, 1908 includes HEARING OF THE SUIT AND English if: ............. of the Code of Civil Procedure,
(a) Any place which has been declared EXAMINATION OF WITNESSES (a) The court considers it necessary 1908
by the Government, by General or [Rules 1-19] (b) All the parties do not object (a) XVlll
Special Order, to be subsidiary jail 778. Order XVIII, Rule 4(1) of C.P.C., the (c) Both (a) and (b) (b) xx
(b) Any reformatory, borstal institution examination in chief of a witness shall
(d) None of the above (c) XV1
or other institution of a like nature. be recorded
Ans. (b) [PJS 2013) (d) None of the above
(c} Both (a) and (b) (a) by the Judge
783. Examination de bene esse, under Order Ans. (.i) [PJS 2015]
(d) Only (a) is correct (b) by the Commissioner appointed by
18, Rule 16 Code of Civil Procedure
Ans. (c) [OP PCS CJ 2015] the court
means:

I
 Singha/ Law Publications Code of Civil Procedure, 1908 691 Singha/ Law Publionimts
Code of Civil Procedure, 1908 690
(d) the day it pronounced and signed 795, What is maximum time granted to (c) Order 21
ORDER XIX court by C.P.C. to draw up a decree
by the judge (d) Order 22
AFFIDAVITS after pronouncing judgment? Ans. (b) [HPJ 2009, UJS 2006)
Ans. (a) [PSJS 2012]
[Rules 1-3] (a) 15 days 800. Preliminary Decree can be passed in a
791. According to Order 20 Rule 7 of civil
787. Which of the following is true: (b) 30 days suit
procedure code the decree shall bear
(a) Affidavits can be confined only to the date of (c) 45 days (a) for partition
statements of knowledge. (a) The day on which the judgment was (d) 60 days (b) for partnership
(b) Affidavits can be confined only to pronounced Ans. (a) (CJS 2014) (c) for possession and mesne profit
statements of beliefs. (b) The day on which the decree was 796. Judgment & decree have been dealt in (d) all of the above
(c) Affidavits cannot be confined made CPC Ans. (d) [UJS 2009)
to statements of beliefs only on (c) The day on which plaint was filed
(a) under Order XX 801. In which of the following suits, the CPC
interlocutory applications. (d) The day on which final argument
(b) under Order XXI provides for passing of preliminary
(d) None of the above was heard
(c) under Order XX-A decree?
Ans. (a) [PJS 2013] Ans. (a) [MPJS 2013-I]
792. After completion of the trial, the judge (d) under Order XIX (a) Suits for pre-emption
788. Which one of the following provision
of Civil Procedure Code, 1908 is related
pronounced the judgement but did not Ans. (a) ms
2016) (b) Suits for possession and mesne profits
(c) Administration suits
sign the decree and he is transferred. 797. Preliminary decree can be passed in a
to affidavit
(a) Order 17
Then-
(a) The decree prepared can be signed 't
suit for l
(a) pre-emption
(d) All of the above
Ans. (d) [HPJS 2012)
(b) Order 19 by the newly posted Judge
(b) sale of mortgaged property 802. Detailed rules regarding decree m
(c) Order 26 (b) The decree prepared is sent for the dealt in:
(d) Order 39 approval of the High Court (c) redemption of a mortgage
(a) Order 20, Rule 1 to 5 and Rules 6 to
Ans. (b) [UP PCS CJ 2008, UJS 2015] (c) The decree is sent for signature to (d) all of the above 19
the Court to which the trial Court Ans. (d) [HPJS 2013]
ORDER XX is subordinate (b) Order 18, Rules 1 to 3 and Rules 4
798. After the passing of a decree for to 13
JUDGMENT AND DECREE (d) The new Judge has to rehear the
payment of money, on the application (c) Order 15, Rule 2 and Rule 3
arguments in the suit
[Rules 1-20] of the Judgment debtor, Court shall not
(d) Order 20A
Ans. (a) [APJS 2011]
789. Copy of the judgement shall be order that payment of the amount of
793. Order 20, Rule 12 of the Code of Civil Ans. (a) [HPJS 2012)
made available to the parties, under decree shall be made by installments-
Procedure provides for passing of
Order XX, Rule 1(2) of CPC:
preliminary decree in a suit for (a) Without recording evidence of both ORDER XXI
(a) Immediately after the parties EXECUTION OF DECREES
(a) dissolution of partnership
pronouncement of the judgement (b) Without obtaining affidavits from
(b) pre-emption AND ORDERS
(b) after 7 days from the pronouncement both parties
(c) possession and mesne profits [Rules 1-106]
of the judgement (c) Without obtaining the documents
(d) accounts between principal and 803. When a court desires that its decree
(c) after 14 days from the regarding the financial condition of
agent shall be executed by another court, it
pronouncement of the judgement the Judgment-debtor
Ans. (c) [HPJS 2015] shall send to the other court
(d) after 21 days from the (d) Without. the consent of decree-
794. Judgement and decree have been dealt (a) a decree and certificate of non-
pronouncement of the judgement holder
in which of the following order in satisfaction
Ans. (a) [HPJS 2007-U] CPC? Ans. (d) [MP PCS 2001]
790. The date of decree is the date on which (b) judgment and decree
(a) Under Order XX 799. Which order of the Code of Civil
(a) the date the decree is pronounced (c) judgment and execution petition
(b) Under Order XIX Procedure provides detailed rules
(b) the date it is written (d) execution petition and certificate of
(c) Under Order XXA regarding 'judgment and decree':
(c) the day it pronounced but not non-satisfaction
(d) UnnPr Order XXI (a) Order 19
written or signed Ans. (a) [DJS 2015)
Ans. (a) [UJS 2012] (b) Order 20
 Code of Civil Procedure, 1908 693 Singhill Law Publie11tions
Code of Civil Procedure, 1908 692 Singha/ I.aw Publications
814. Auction purchaser shall pay full of condoned by applying provisions of
804. 'Garnishee' is a person who is: (a) attachment of the property of purchase money:
respondent Section 5 of the Limitation Act?
(a) defaulter (a) within 7 days
(b) arrest of the respondent (a) Revision under Section 115, C.P.C.
(b) decree holder (b) within 15 days
(c) attachment of property and arrest of (b) Application for execution under
(c) debtor of judgement debtor (c) within 21 days Order XXI, C.P.C.
respondent, both
(d) foreigner (d) within 30 days (c) Appeal under Sections 96, 100 and
(d) either attachment of property or by
Ans. (c) [(JS 2016) Ans. (b) [MPJS 2007] 104 C.P.C.
arrest of respondent and fine
805. A garnishee is . 815. What is not a material irregularity (d) Application for substitution under
Ans. (a) [UJS 2014)
(a) The Judgment debtor under Rule 90 of Order 21 of the Code Order XXII C.P.C.
810 Execution of decree for specific
(b) Judgment debtor's debtor performance for restitution of conjugal of Civil Procedure? Ans. (b) (UP HJS 2009)
(c) Judgment debtor's creditor rights or for an injunction is provided (a) Omission to issue notice under Rule 819. Which one is not correctly matched?
(d) None of the above under Civil Procedure Code, 1908, 22 of Order 21 (a) Institution of Suit Order IV
Ans. (b) [AJS 2012) under (b) Omission to publish sale (b) Judgement and Decree : Order XX
806. Where the execution is applied within (a) Order 21, Rule 30 proclamation under Rule 66 of (c) Issue of Summons: Order V
.............. years of the decree, issuance (b) Order 21, Rule 31 Order 21 (d) Issue of Commiss ions: Order XXI
of notice of the application for execution (c) Order 21, Rule 32 (c) Omis sion to state the revenue or Ans. (d) (UJS 2010)
of a decree, to the judgment debtor, is (d) Order 21, Rule 34 rent payable on the land
820. The present Section 5 of the Limitation
not necessary, Ans. (c) [UJS 2015) (d) Omiss ion to record reasons for the Ad iipplies to all applications other
(a) two years of the decree 811. A "Gameeshe order'' under Civil adjournm ent of sale thm those under my of the provision
(b) four years of the decree Procedure Code, 1908 is issued to Ans. (d) [HPJS 2016) of XXI of Civil Precedure Code, 1908, if
(c) three years of the decree (a) Judgment debtor 816. Who is not entitled to apply under the applicmt satisfies the court that he
(d) five years of the decree (b) Judgment debtor's creditor Rule 90 of Order 21, the Code of hid sufficient cause for not pttferring
Ans. (a) [KCJ 2012) (c) Decree holder Civil Procedure, for set aside sale of the appeal or Dlll.Ul g the. application
807. Under which provision of CPC, (d) Judgment debtor's debtor immovable property in execution of within such period.
execution of decree for specific Ans. (d) [UJS 2015) decree? (a) Order XXI
performance for restitution of conjugal 812. Which of the following provisions of (a) the decree-holder (b) Order XI
rights or for an injunction is provided: C.P.C. provides for adjudication of (b) the auction-purchaser (c) Order xxn
(a) Order XXI Rule 30 claims and objections to attachment of (c) judgment debtor (d) Order XVIII
(b) Order XXI Rule 31 property? (d) none of the above Ans. (ii) [WBJS 2011)
(c) Order XXI Rule 32 (a) Order 21 Rule 59 Ans. (d) [HPJS 2015) 821. Which of the following person may not
(d) Order XXI Rule 34 (b) Order 21 Rule 58 817. Proceedings in Code of Civil Procedure file m application for execution under
Ans. (c) [HADA 2016) (c) Order 21 Rule 57 include Civil Procedure Code, 1908 nilDlely
808. A decree for restitution of conjugal (d) None of the above (i) a proceeding for the execution of il (a) A decree holder
rights can be executed under Order 21 Ans. (b) [UJS 2006) decree or order (b) Legal representative, if the decree
CPCby 813. In Execution of a decree other than (ii) a proceeding for the execution of il holder is dead
(a) detention in civil prison. a decree of maintenance, salary of a decree, order or a prosecution (c) A person claiming under decree
(b) either by detention in civil prison or
person can be attached to the extent of holder
(a) (i) is correct
attachment of property. (a) Rs. 4-00 plus two third of the (d) Judgment debtor
remainder (b) (ii) is correct
(c) detention in civil prison and Ans. (d) [UJS 2015)
(b) Rs. 500 plus one half of the remainder (c) both are correct
attachment of property. 822. Where immovable property forms one
(c) Rs. 1,000 plus one third of the (d) none of the above
{d) attachment of property. estate situate within the lecal limits of
remainder Ans. (a) [PSJS 2012)
Ans. (d) [DHJS 2014) the jurisdiction of two or more courts:
(d) Rs. 1,000 plus two third of the 818. Time prescribed for filing which of
809. ln India a decree of restitution of (a) Anyone court may sell the entire
remainaer the followings cannot be extended or
conjugal rights can be executed by estate.
Ans. (d) [MP HJS 2014]
Code of Civil Procedure, 1908 694 Singha/ Law Publications Code of Civil Procedure, 1908 695 Singha/ U1W Publications
(b) The court can sell only that part 826. Largest order of Code of Civil Procedure 831. A decree of restitution of conjugal (c) Order 21 Rule 25
which is within its jurisdiction is: rights, in India, can be executed by: (d) None of the above
(c) None of the courts can sell any part (a) order 19 (a) attachment of the property of the Ans. (a) (HJS 2013)
of the estate (b) order 21 respondent 836. Garnishee means
(d) That court can sell the entire estate (c) order 41 (b) arrest of the respondent (a) Judgment debtor
within whose jurisdiction majority (d) order 45 (c) attachment of property and arrest of (b) Judgment creditor
portion of the property is situate(d) Ans. (b) [HPJ 2009] the respondent both
(c) Judgment debtor's debtor
Ans. (a) [PJS 2013) 827. Decree of restitution of conjugal rights (d) either attachment of property or by (d) Guarantor
823. Where any property has been attached may be enforced:- arrest of the respondent
Ans. (c) [OJS 2011)
in execution of decree and the court, for (a) By detention of judgment debtor in Ans. (a) [PJS 2011]
any reason, passes an order dismissing civil prison 832.. Money under a decree can be paid ORDER XXII
the execution-application but omits to
(b) By attachment of his property (a) in the Court DEA TH, MARRIAGE AND
give any direction as to attachment?
(c) (a) and (b) both (b) out of the Court INSOLVENCY OF PARTIES
(a) Attachment shall be deemed to have
(d) By sending the decree holder to (c) either in the Court or out of the [Rules 1-12)
ceased
judgment debtor's house in police Court
(b) Attachment shall cease after three 837. The death of a plaintiff or defendant
custody (d) only in the Court and not out of the shall not cause the suit to abate, if
months
Ans. (b) (CJS 2008) Court
(c) Attachment shall cease after six (a) the cause of action survives
828. Application for execution of a decree Ans. (c) (WBJS 2011)
months (b) the relief survives
is to be made 833. The principles governing execution
(d) Attachment shall cease after one (c) the right to sue survives
(a) to the court which passed the decree of decree and orders in CPC are dealt
year within: (d) all of the above
(b) to the district court
Ans. (a) [MP PCS 1998] Ans. (c)
(c) to the High Court (a) Section 36 to 74 (substantive law) and (UJS 20161
824. After the passing of decree for payment Order 21 (procedural provisions) 838. An application for the substitution of
(d) none of the above
of money, on the application of the (b) Section 36 to 74 (procedural the legal representatives of the plaintif.f
judgement debtor court shall not order Ans. (a) [PJS 2010, WBJS 2011]
829. A garnishee order is an order:
provisions) and Order 21 who has died, has to be moved by
that payment of amount of decree shall (substantive law)
(a) Prohibiting the judgment debtor's (a) The legal representatives of the
be made by installments-
(c) Section 148A plaintiff
(a) Without recording evidence of both debtor from making any payment
to the judgment debtor (d) Section 148 to 153B (b) The defendant
parties
(b) Directing the decree holder to take Ans. (a) [HPJS 2012] (c) Both (a) & (b)
(b) Without obtaining affidavits from
the payment from the judgment 834. 'X' obtains money decree against 'Y'. (d) Either (a) or (b)
both parties
debtor's debtor In execution of the money decree, 'X' Ans. (a) [HHJS 2011]
(c) Without obtaining documents
(c) Both (a) & (b) above attaches moneys belonging to 'Y' lying 839. Where the plaintiff dies after hearing
regarding the financial position of with 'Z'. Then 'Z' is called-
the debtor (d) None of the above and before pronouncement of judgment
Ans. (c) (DJS 2011, UP HJS 2012) (a) Decree holder the suit
(d) Without of consent of decree holder
830. Sale of immovable property in (b) Judgement debtor (a) shall not abate
Ans. (d) [CJS 2004]
execution of decree cannot be ordered (c) Banker (b) shall abate
825. Order 21 C.P.C. dealing with execution
by (d) Garnishee
of decrees and orders contains: (c) shall abate if the right to sue not
(a)Civil Judge Junior Division Ans. (d) IAPJS 2011] survive
(a) 100 Rules
(b)Civil Judge Senior Division 835. The decree of Restitution of Conjugal (d) none of the above
(b) 102 Rules
(c)
Court of Small Causes Rights can be enforced under the
(c) 103 Rules following provision of CPC;
Ans. (a) fHPJS 2015)
(d)Joint Civil Judge Senior Division 840. Under C.P.C. 1908, on death of
(d) 106 Rules (a) Order 21 Rule 32
Ans. (c) (MJS 2011) either parties to the suit between the
Ans. (d) [UJS 2006) (b) Order 22 Rule 31 concluslen of the hearing and the
Code of Civil Proced ure, 190 8
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
Ans. (b) [MPCJ 2016)
841. 'X' dies leaving behind a son 'Y' and a
married daughter 'Z', a suit filed by 'X',
after his death, can be continued by:
(a) 'Y' alone as legal representative
(b) 'Z' alone as legal representative
(c) 'Y', ·z·
and the husband of Z as
legal representatives
(d) 'Y' and 'Z' both, as legal
representatives
Ans. (d) [PJS 2011)
842. U a right to sue survives, will the suit
be abated by a party's death?
(a) Yes
(b) No
(c) If the opposite party agrees
(d) None of the above
Ans. (b) [APJS 2011)
843. Where any party dies after conclusion
and before pronouncing Judgement-
(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 it shall abate or not
Ans. (bl [(JS 2004]
844. Point out the correct Answer:
Under Civil Procedure Code where any
party dies after conclusion and before
pronouncement of judgement
(a) The suit shall be abated
(b) The suit shall not be abated
(c) The suit shall not be abated if cause
of action survives
696 Singha/ Law Publications
Code of Civil Procedure, 1908 697 Singhlll Law Public.ations
(d) It will be deemed that judgement
has been pronounced after death of 848. Under C.P.C. 1908, on death of either the case may proceed against the
the party parties to the suit after conclusion surviving defendant.
Ans. (b) [MP PCS 1998 of hearing and pronouncement of (b) Where on the death of a defendant the
UP PCS CJ 2008, DJS 2010] judgment, the suit right to sue does not survive against
845. During the period of conclusion of (a} shall abate the other surviving defendant alone,
hearing and the pronouncing of the (b) shall not abate the case shall abate against the
judgment, if either party dies, under (c) may abate with the permission of deceased defendant if no application
Order 22, Rule 6 of C.P.C. court is made within the time limited by
(a) The proceedings shall abate (d) none of the above law for the legal representative of
the deceased defendant to be made
(b) The proceedings shall not abate Ans. (b) [MPJS 2013-1)
irrespective of whether the cause of a party.
849, A pleader has a duty to inform the court
action survives or not (c) There shall be no abatement by
about the death of parties under-
(c) It is the discretion of the Court to reason of death of either party
(a) Order 22, Rule
1 CPC between the conclusion of the
order abatement or non-abatement
or not
(b) Order 22, Rule
4 CPC hearing and the pronouncing of the
(c) Order 22 18 CPC
Rule judgment.
(d) None of the above
(d) Order 22, Rule
10-A CPC (d) All these.
Ans. (b) [HHJS 2011)
Ans. (d) [UP HJS 2012) Ans. (d) [DJS 2014)
846. An Appeal under Order XLIII of Code
of Civil Procedure shall lie from which 850. Where a suit is abated or dismissed 853. Where a suit abates or is dismissed
of the following orders: under Order 22 of CPC on the same under the provision of order 22 C P.C.,
(a) Rule 11 of Order VII, rejecting the cause of action than a second suit on the same cauae
plaint (a) new suit may be instituted with the of action
(b) Rule 9 of Order XXII, refusing to set consent of parties (a) Can be instituted with the prior
aside the abatement or dismissal of (b) fresh suit may be filed with prior permission of the court
suit permission of the court (b) With the consent of the parties
(c) Rule 1 of Order VIII, not permitting (c) no fresh suit shall be brought (c) Second suit cannot be instituted
the defendant to present the written (d) new suit may be filed if sufficient (d) On showing sufficient cause, suit
statement cause is shown can be instituted
(d) Rule 5 of Order XIV, refusing to Ans. (c) UJS 2014] Ans. (c) tqs 2008)
strike out the issue at the instance 851. Where party dies after conclusion of 854. To which of the cases the provisions
of either of the parties the hearing and before pronouncing of order 22 rule 3 and 4 c.P.C. do not
Ans. (b) [Raj HJS 2015, RJS 2015] of judgement apply?
847. On abatement of suit, under Order 22, (a) the suit shall abate (a) Suit
Rule 9 of CPC: (b) the suit shall not abate (b) Execution proceedings
(a) a fresh suit on the same cause of (c) the suit shall not abate if cause of (c) First appeal
action can be brought as a matter action survives
(d) Second appeal
of right
(d) it will be deemed that judgment Ans. (b) [CJS 2008)
(b) a fresh suit on the same cause of
has been pronounced before death 855. Abatement means
action can be brought only with the
of the party (a) suspension or termination of
permission of the Court
Ans. (b) [DS 2014) proceedings in an action for want
(c) a fresh suit on the same cause of
852. Which of the following statements is of proper parties
action is barred
correct? (b) the process of bringing on record
(d) none of the above
(a) Where on the death of a defendant legal representatives of the deceased
Ans. (c) [PJS 2011 I
the right to sue survive against the party
other surviving defendant alone,
Code of Civil Procedure, 1908 698 Sing/ml l.Aw Publictitions Code of Civil Procedure, 1908 699 Singhal IAw Pub/icotions
,
(c) both (a) and (b) 859. Right to withdraw the suit, is: (d) Has to be in writing but may not be 867. After withdrawal of the suit, a plaintiff
(d) none of the above (a) an absolute right of the plaintiff signed. (a) Can institute a fresh suit in respect
Ans. (a) [HJS 2010] (b) a qualified right of the plaintiff Ans. (b) (APJS 2012] of the same subject matter
856. For filing an application for an order to (c) fettered by certain conditions 863. Compromise under Order XXIII, (b) Can institute a fresh suit in respect
Rule 3 of C.P.C. of the same subject matter only with
set aside m abatement, the period of (d) Both (b) and (c)
limitation from the date of abatement (a) Must be in writing and signed by the leave of the Court
Ans. (a) [MPJS 2012) the parties
is _ (c) Can institute a fresh suit in respect
860. Mark the incorrect statement in relation (b) Must be in writing but need not be
(a) 30 days of the same subject matter only with
to Order 23 of Code of Civil Procedwe, signed by the parties
(b) 90 days the leave of the High Court
1908:
(c) Must be in writing but need not be (d) Cannot institute a fresh suit in
(c) 10 days (a) At any time after the institution of a lawful respect of the same subject matter,
(d) 60 days suit, the plaintiff may withdraw his
(d) None of the above unless liberty is given at the time of
Ans. (d) (MJS 2011) suit or abandon part of his claim.
Ans. (a) [HJS 2011] withdrawal of the suit
8S7. Wh.ere a suit abates or dismissed under (b) If a plaintiff withdraws from a suit
864. Under Order 23, Rule 3 of CPC, on the Ans. (d) [HHJS 2011]
without the court's permission, he
Order 22 of CPC on the same cause of
is precluded from instituting a fresh
basis of a compromise: 868. Order XXIII of the Civil Procedun
action: (a) a decree has to be drawn only in Code applies to the following:
suit against the same defendant in
(a) New suit may institute with the respect of the subject matter that (a) Withdrawal of suits
respect of the same subject matter.
consent of parties relates to the suit (b) Appeals
(c) If the court is satisfied that a
(b) with prior permission of the court (b) a decree has to be drawn for the (c) Execution proceeding
suit must fail by reason of some
fresh suit may file entire compromise so long as it (d) All the above
formal defect or there are other
(c) No fresh suit shall be brought embraces part of the subject matter Ans. (a) [UP PCS q 2006)
sufficient grounds, it may allow the
(d) If sufficient cause shown, then new withdrawal from suit. of the suit and part outside it 869. A suit filed in repmentativt capacity
suit may file (c) a decree has to be drawn where the can be withdrawn, compromised and
(d) When there are several plaintiffs,
Ans. (c) [CJS 2003) the court can allow one of them compromise does not embrace the abandoned etc. by the plaintiff
to withdraw, even if the other co- subject matter of the suit at all (a) Without notice to all the persons
ORDER XXIII (d) none of the above
plaintiffs do not consent to such interested
WITH DRAWAL AND withdrawal. Ans. (a) [PJS 2011) (b) After notice to all the persons
ADJUSTMENT OF SUITS Ans. (d) [DJS 2010] 86S. Where a decree of compromise which interested
[Rules 1-4) 861. Parties to the suit can compromise in a was not lawful, there-- (c) Both (a) and (b)
8S8. Where a fresh suit is instituted on the suit (a) Suit shall lie to set aside such decree (d) Either (a) or (b)
strength of permission granted by the (a) under Order XXIII, Rule 3A of CPC (b) Complaint has to made to High Ans. (b) [DJS 2015)
Court under Order 23, Rule (1) (b) under Order xxm, Rule 3 of CPC Court 870. Which of the following 1tatementa 11
(a) the plaintiff is not bound by the law (c) No suit shall lie to set aside such incorrect?
(c) under Order XXIII, Rule 1 of CPC
of limitation decree (a) A representative suit may be
(d) under Order XXIII, Rule 4 of CPC
(b) a fresh period of limitation begins (d) Suit may lie to set aside such decree instituted by one or more persons
Ans. (b) [UP HJS 2014)
with the leave of District Judge
to run from the date of the order for the benefit of all interested
862. The order noting compromise amongst Ans. (c) [.tvlP PCS 1998) persons with the permission of the
granting such permission
the parties as passed under the 866. An agreement or compromise entered court.
(c) the plaintiff shall be bound by
provisions of Order XXIII Rule 3 of in a 'representative suit' without the (b) Notice of the institution of a
the law of limitation in the same
the Code of Civil Procedure 1908: leave of the court is representative suit must be given
manner as if the first suit had not
been instituted (a) Has to be in writing (a) void by public advertisement at the
(b) Has to be in writing and duly signed (b) voidable plaintiff's expense to all interested
(d) such suit must fail if not instituted
by the respective parties (c) valid persons whereby reason of their
within one year.
(c) May not be in writing (d) either valid or voidable number, personal service is not
Ans. (c) [MP HJS 2012] reasonably practicable.
Ans. (a) [HPJS 2015)
I

Code of Civil Procedure, 1908 700 Singha/ Law Publications code of Civil Procedure, 1908 701
(c) Any person for whose benefit (c) who is about to leave the local limits Singha/ Law Publiaitions
879. The commission to make local
a representative suit has been of its jurisdiction (c) Suits by or against corporation
investigation can be issued for the
instituted may apply to join as a (d) both (a) and (b) purposes of (d) None of the above
party thereto.
Ans. (a) [UP HJS 2012] 1. collecting evidence on a fact Ans. (c) [UJS 2016)
(d) The person(s) who instituted the
suit or person(s) who joined as
874. In which of the following case
commission under Order 26 CPC
2. elucidating any
matter in dispute ORDER XXXII
party have unrestricted right to cannot be issued? 3. ascertaining the amount of mesne SUITS BY OR AGAINST
compromise with the defendant. profit TRUSTEES, EXECUTORS AND
(a) to examine witnesses
Ans. (d) [DJS 2014] 4. ascertaining the market value of the ADMINISTRATORS
(b) for local investigations
871. Liberty to institute a fresh suit in property [Rules 1-16)
(c) for scientific investigation
respect of the same subject matter, at Which' of the above are correct? 882. Every suit by a minor shall be instituted
the time of withdrawal of the suit is (d) for appointment of receiver
Code: in the name of
given: Ans. (d) (MPJS 2011]
(a) 1, 2 and 3 (a) the minor
(a) As a general rule 875. In which one of the following cases,
(b) 2, 3 and 4 (b) the guardian of the minor
the court may not issue a commission?
(b) Where the suit suffers from same (c) 1, 2, 3 and 4 (c) the next friend of the minor
formal defect & is likely to fail on (a) For execution of a decree
(b) To examine any person (d) 1 and 2 (d) both (b) and (c)
that account
(c) To make a partition Ans. (b) OCJ 20001 Ans. (a) [PJS 2013]
(c) Where the court finds sufficient
grounds (d) To hold a scientific, technical or ORDER XXVII 883. Under Order 32 Rule 1 of Civil Procedure
expert investigation Code a minor means a person who lw
(d) Only (b) and (c) SUIT BY OR AGAINST THE not attained his majority within the
[HPJS 2007-I] Ans. (a) [MPJS 2012]
Ans. (d)
876. A court may issue a commission to:
GOVERNMENT OR PUBLIC meaning of ·---·· .. ···
872. Can a suit be laid after withdrawal of OFFICERS IN THEIR OFFICIAL (a) Juvenile Justice Act
the same? (a) Make local investigation (b) Civil Procedure Code
(b) Make partition CAPACITY
(a) No (c) Indian Majority Act
(c) Adjust accounts [Rules 1-8)
(b) Yes (d) Hindu Minority and Guardianship
(d) All of the above 880. In a suit against the State Government,
(c) Yes, if permission is obtained from Act
who may sign the plaint on behalf of
Ans. (d) [HPJS 2013] Ans. (c) [MPCJ 2016]
the court at the time of withdrawal the Government?
with liberty to file a fresh suit 877. Which one of the following Orders of 884. Whether a minor on attaining majority
(a) Governor of the State
Civil Procedure Code, 1908 is related to may, if a sole plamtiff, apply that a
(d) Yes, subject to the condition that the (b) Chief Minister of the State
issuing of Commission? suit instituted in his name by his next
cause of action for both the cases is (c) Chief Secretary of the State
identical (a) Order 24 friend be dismissed on the ground that
(b) Order 26 (d) A person who by a general or special it was unreasonable or improper:
Ans. (c) [APJS 2011] order appointed in this behalf by the (a) No
(c) Order 25
ORDER XXVI (d) Order 27 Government (b) With the consent of next friend
Ans. (d) [MPJS 2011) (c) Yes
COMMISSIONS Ans. (b) [UP PCS q 2016]
ORDER XXIX (d) Joint application will be with next
[Rules 1-221 878. Under Civil Procedure Code, a Court
may not issue a commission- friend
873. Order XXVI, Rule 4A CPC, empowers SUITS BY OR AGAINST Ans. (c) (CJS 2003)
the court to issue commission in a suit (a) For elucidating any matter in dispute CORPORATIO NS 885 An agreement or compromise is entered
for examination of a person- (b) For ascertaining the market value of . into on behalf of a minor without the
any property
[Rules 1-3)
(a) resident within the local limit of its 881. Order 29 of Civil Procedure Code is leave of the Court. Such agreement or
jurisdiction (c) For assessing the amount of any compromise, under ordei: 32, Rule 7 of
related to
(b) resident beyond the local limits of mesne profits or damages Code of CiviJ Procedure ,s:
(d) For framing of issue (a) Suits by Government
its jurisdiction
(b) Suits by Pauper
Ans. (d) [MPCJ 2016)
Cotk of Civil Procedure, 1908 702 Si11gltal Law Publications (.ode of Civil Procedure, 1908 703 Singha! l.ino PubliCJZtions
(a) Valid 890. Proceeding in a suit, relating to minor 895, A person can be appointed as a (c) Not recoverable
(b) Void shall not be stayed: guardian under Order XXXII Rule 4 of (d) From the Plaintiff
(c) Voidable against all the parties other (a) On retirement of the next friend of CPC Ans. (b) [MP PCS 1998, (JS 2004)
than the minor a minor (a) on his oral consent 900. In case the application for permission
(d) Voidable against all the parties (b) On attaining the majority by the (b) on his consent in writing to sue as pauper is rejected, the suit
including the minor minor (c) either (a) or (b) is deemed to haven instituted, under
(e) None of these (c) On removal of the next friend of a (d) neither (a) nor (b) Order 33, Rule 15A of CPC:
minor (AJS 2011] (a) On the date on which the permiss ion
Ans. (c) (PJS 2017) Ans. (b)
886. An agreement entered into or (d) On death of the next friend of a to sue as pauper refused
compromise on behalf of a minor
minor ORDER XXXJII (b) On the date on which the court fee
without the leave of the Court, under Ans. (b) [MPJS 2007] SUITS BY INDIGENT PERSONS is paid
Order 32, Rule 7 of C.P.C. is 891. A suit through 'next friend' can be filed [Rules 1-18] (c) On the date on which the application
(a) Valid by for permission to sue as pauper was
896. A person is an indigent person within
(b) Void (a) minor presented
the meaning of Order 33, Rule 1 of
(c) Voidable against all the parties other (b) a lunatic CPC, if he is not possessed of (d) Either (a) or (b) or (c) as directed by
than the minor (c) both (a) & (b) the court
(a) sufficient means to pay the fee
(d) None of the above (d) none of the above payable on the plaint Ans. (cl (HPJS 2007-1)
Ans. (c) [HHJS 2011) Ans. (c) [HJS 2010) 901. Under which Section/Order of the Gvil
·i (b) any means to pay the fee payable on
887. Under Order XXXII Rule 9 of the Code 892. A person can act as a 'next friend' if he the plaint Procedure Code a Provision is made to
of Civil Procedure, a next friend of a is: provide "free legal services to indigent
(c) sufficient means for his livelihood
minor can be removed: (a) major persons"?
(d) none of the above (a) Section 151
(a) if he ceases to reside in India during (b) sound mind
the pendency of the suit (c) not having any interest adverse to Ans. (a) [PJS 2010) (b) Section 115
(b) where has interest becomes adverse that of a minor or lunatic residing 897. Under which provision of the Code, an (c) Order xxxm, Rule 18
to that of the minor in India indigent can file a suit:- (d) Order XXXlX, Rule 2
(c) where he does not do his duty (d) fulfilling all the above three (a) Order 33 Rule 1 Ans. (c) [UJS 2010]
(d) for any of the above reasons requirements (b) Order 33 Rule 2 902. Whe.re are the provisions relating to
Ans. (d) [RCJ 2014) Ans. (d) [PJS 2011) (c) Order 33 Rule 4 cases of indigent persons given in the
888. Under Order 32, Rule 10 of the Code 893. Who is guardian at litem? (d) Order 33 Rule 5 C.P.C.7
of Civil Procedure on the death of 'next (a) A person appointed by the Court Ans. (a) (a) Order 33
[MPJS 2010)
friend', the suit shall be to take legal action on behalf of a (b) Order 32
minor 898. In connection with a suit by an
(a) dismissed
indigent person, the suit is deemed to (c) Section 55
(b) stayed (b) Guardian of the child (d) Section 89
be instituted on the date
( c) rejected (c) Step father of the child Ans. (a) (MP APPO 2008)
(d) None of the above (a) when the application for leave to
(d) dismissed or rejected 903. Rejection of an application for
Ans. (a) [APJS 2011] sue as a pauper is made.
Ans. (bl [HPJS 2015) permission to sue as a pauper
894. "Guardian at Htem" used under Civil (b) when such application is admitted.
889. On the retirement, removal or death of (a) Bars a fresh application on the same
a next friend, under Order, XXXII, Rule Procedure Code, 1908 means (c) when such application is rejected. cause of action
10 of CPC, the suit is liable to be (a) A local commissioner (d) none of the above (b) Does not bar a fresh application on
(a) stayed (b) A court Ans. (a) [APDSJ 2011) the same cause of action if moved
(b) dismissed (c) A person defending a suit on behalf . 899, Where an indigent person succeeds, along with amended schedule oJ
of an insane person property
(c) rejected the court fee shall be recovered?
(d) A person defending a suit on behalf (c) Does not bar a fresh application on
(d) either (a), (b) or (c) (a) From the defendant
of a minor
Ans. (a) [All India Bar 2016] the same cause of action with the
Ans. (d) [UJS 2015) (b) By the State Government
leave of the Court
.,.
A
code of Civil Procedure, 1908 705 Singha/ U11D P11bliclltions
Code of Civil Procedure, 1908 704 Singha/ Law Publications (c) Order XXXIV of CPC (c) are several claimants claiming the
(d) Does not bar a fresh application at 909. In an Inter-pleader suit, the plaintiff (d) Order XXXV of CPC property under common interest of
all claims: Ans. (d) [JJS 2016) all
Ans (a) (HHJS 2011] (a) interest in the subject matter of the (d) None of the above
914. For an 'Inter-pleader suit' which of the
904. Suit of indigent persons has been suit following conditions is not necessary?
Ans. (a) ms
20141
provided under (b) no interest in the subject matter of 918. Provisions relating to Inter-pleader suit
(a) There must be some debt or the
(a) Order 32 of CPC the suit except charges or costs are contained in:-
property in dispute
(b) Order 33 of CPC (c) no interest in the subject matter of (a) Order XXXIV of CPC
(b) Two or more persons claiming the
(c) Order 29 of CPC the suit also not claims charges or (b) Section 88 of CPC
debt or the property in dispute
(d) Order 34 of CPC costs adversely to one another (c) Order XX.XV of CPC
Ans. (b> ms 2014J (d) none of the above (c) There must be suit pending wherein
(d) Both (b) and (c)
905. In connection with a suit by an Ans. (b) [PJS 2011) Ans. (d) [MP APPO 2009]
the rights of rival claimants for the
indigent person, the suit is deemed to 910. Inter-pleader suit is a suit debt or the property in dispute can ORDER XXXVI
be instituted on the date (a) Between two advocates be properly adjudicated
(a) When the application for leave to
SPECIAL CASE
(b) Between Union Government Pleader (d) All of the above
sue as a pauper is made and State Government Pleader
[Rules 1-6)
Ans. (cl [HPJS 2013] 919. The provisions regarding 'friendly
(b) When such application is admitted (c) Instituted by a person who has no
915. 'A' deposits a box of jewels with 'B' suits' are in:
(c) When such application is rejected interest in the subject matter
as his agent. 'C' alleges ·that the jewels (a) Section 90, Order 36 of the Code of
(d) When the issues are framed (d) Instituted by a person who has were wrongfully obtained by 'A' from Civil Procedure
Ans. (a) [MPJS 2015] interest in the subject matter him and claims them from 'B'. Here 'B'
906. Under which of the following Orders Ans. (c) (MPJS 2011] (b) Section 88, Order 35 of the Code of
(a) can institute Inter-pleader suit Civil Procedure
of C.P.C, provisions regarding a suit 911. Inter-pleader suit cannot be instituted against 'A'. (c) Order 34 of the Code of Civil
by indigent persons has been given- (a) for any property which relates to
(b) can institute Inter-pleader suit Procedure
(a) Order XXXII(A) two persons but which is being held
against 'C'. (d) Order 33 of the Code of Civil
(b) Order XXXII1 by a third person for the time being
(c) Order XXXII (b) for determining the relation between
(c) can institute Inter-pleader suit Procedure
(d) Order XXXIV a property and the persons claiming against 'A' and 'C' both. Ans. (a) [HPJS 2013)
it (d) cannot institute an Inter-pleader suit
Ans. (b) [MPCJ 2016)
against 'A' and 'C'.
ORDER XXXVII
907. Wha.t does 'Pauper Suit' mean? (c) for getting himself absolved from SUMMARY PROCEDURE
(a) Suit by third party the liability to keep the property Ans. (d) [UP PCS CJ 2013)
which is not being held by him 916. Rules relating to Inter-pleader suit
(Rules 1-7]
(b) Suit by public servant
(d) where a suit is pending in which the have been provided in the C.P.C. under 920. Which is the c:orrect statement in
(c) Suit by indigent person context of summary procedure for civil
(d) Suit by legal representative rights of all parties can properly by which of the following orders?
decided suits?
Ans. (c) [CJS 2016) (a) Order 50
Ans. (d) [RJS 2011) (a) May be invoked for recovery of
(b) Order 35 a liquidated demand in money
ORDER XXXV 912. Awarding future interest is: (c) Order 55 payable by the defendant arising
INTERPLEADER (a) mandatory (d) Order 40 out a written contract.
[Rules 1-6) (b) directory (b) May be applied suo motu by any
Ans. (b) [UJS 2014]
908. In an Inter-pleader suit, plaintiff may (c) discretionary civil court in its d.iscretion in the
917. In an 'Inter-pleader suit' there
claim:- (d) none of the above interest of expeditious adjudication.
(a) Share in property (a) are several claimants claiming the
Ans. (cl (PJS 2011] f property adverse to each other (c) Requires the defendant to seek leave
(b) Right of pre-emption to defend which, if granted, must be
913. Provisions relating to Inter-pleader suit (b) is only one claimant claiming the
(c) Costs or charges unconditional.
are contained in property against the other
(d) ownership (d) All these statements are not correct.
(a) Order XXXVI of CPC
Ans. (c) [(JS 2008) Ans. (a) [DJS 2014}
(b) Order XXII of CPC

i';•') ' ..
111!1'
.~
Code of Civil Procedure, 1908 706 Singha/ l.Jlw Publications Code of Civil Proced~re, 1908 707 Singha/ Lat» Publications
921. A suit under Order XXXVII of the ORDER XXXVIII (a) Order XXXVII (d) To restrain the result of any adverse
Code of Civil Procedure, 1908, can be (b) Order XXXVIIl entry against the public servant
ARREST AND A TI ACHMENT
filed on the basis of (c) Order XXXIX Ans. (b) (MPJS 2007)
(a) Hundi only
BEFORE JUDGMENT
(d) Order LX 934. Under which one of the following
(b) Bill of exchange only [Rules 1-131 Ans. (b) (RJS 20101 provisions of the Civil Procedure Code,
(c) Promissory note only 926. An attachment made before judgment 1908 consequences of disobedience
in a suit which is dismissed for ORDER XXXIX or breach of injunction has been
(d) All of the above
default- TEMPORARY INJUNCTIONS AND described?
Ans. (d) [PJS 2015)
(a) Shall not become revived merely (a) Order XXXII
922. In a summary suit presented under INTERLOCUTORY ORDERS
by reason of the facts that order for (b) Order XXXIII
order 37 civil procedure code it is
dismissal of the suit for default has [Rules 1-lOJ
necessary for the defendant to appear (c) Order XXXIX Rule 2A
been set aside 930. Interlocutory order are issued by civil
before the court within how many court: (d) None of the above
(b) Shall become revived merely on the
days of the service of the summon of (a) during pendency of civil proceedings Ans. (c) [UP PCS CJ 2016)
appearance basis of restoration of suit
(b) to summon the person
935. Order XXXIX, Rule 2 of the Civil
(a) 10 days (c) Shall become revived on the order
Procedure Code deals with
of Appellate Court (c) for execution of decree
(b) 15 days (a) Attachment before judgement
(d) Shall become revived on the order (d) for attachment of property
(c) 30 days (b) Temporary Injunction
of High Court Ans. (a) (CJS 2016)
(d) two month (c) Execution of Decree
Ans. (a) [MP PCS 1998) 931. Injunction is granted under which
Ans. (a) [MPJS 2013-1) (d) Appointment of Receiver
927. Attachment before judgment, in a suit provision of the Civil Procedure Code,
923. There is no provision of trying the dismissed in default Ans. (bl [UJS 2010)
1908 .
cases of Negotiable instrument under
(a) revives automatically on the (a) Section 115 936. In a case of breach of terms on which
Civil Procedure Code
restoration of the suit injunction was granted under Civil
(a) True (b) Order XXXIX Rule 1
(b) does not revive automatically on the Procedure Code, 1908 the court may
(b) False (c) Section 96
restoration of the suit pass an order of
Ans. (b) (DJS 2008) (d) None of the above (a) attachment and sale of property.
(c) may or may not revive depending
924. The provision regarding 'summary on the facts and circumstances of
Ans. (b) [AJS 2012) (b) attachment of property and detention
suits' are in: the case 932. Defendant can claim temporary in civil prison.
(a) Order 32 of the Code of Civil (d) Neither (a) nor (b) injunction in a suit filed by the plaintiff (c) arrest and detention in civil prison
Procedure Ans. (b) [DJS 2015, AJS 2011) (a) To prevent the suit property being for 3 months.
(b) Order 37 of the Code of Civil 928. Under which provision of CPC
alienated or damaged (d) (a) and (c) both
Procedure (b) To prevent the plaintiff from
attachment before judgement is Ans. (b) [UP PCS CJ 20151
(c) Order 28 of the Code of Civil provided dispossessing defendant from the
937. In case of breach of any of the terms
Procedure suit properly
(a) Order 29 Rule 1, 2 on which temporary injunction was
(d) Order 30 of the Code of Civil (c) To prevent the plaintiff from causing
(b) Order 40 Rule granted, the court may order
Procedure any legal injury to the defendant
(c) 'Section 96 (a) the person in breach to be detained
Ans. (b) [HPJS 20131 (d) All of the above
(d) Order 38 Rules 5-13 in civil prison for indefinite period
925. The provision in respect of summary Ans. (a) [MPJS 20121 but not after the breach has ceased,
Ans. (d) (UJS 2015)
procedure has been laid down under 933. Temporary injunction may be granted:
929. In the Code of Civil Procedure, a Civil (b) attachment of the property of the
(a) Order 37 of CPC (a) To restrain any election person in breach and, if the breach
Court can direct attachment before
(b) Order 36 of CPC continues for more than one year,
judgment in respect of any property, (b) To restrain dispossession from
(c) Order 38 of CPC in a proceeding pending before it, in t property sell the attached property and
(d) Order 40 of CPC accordance with the provisions w,hich (c) To restrain any intended disciplinary award the entire sale proceeds to
Ans. (a) ms 2014) are contained in; action against public servant the injured party as compensation
Code of Civil Procedure, 1908
(c) Both (a) and (b) are incorrect.
(d) Both (a) and (b) are correct.
708
(c) plaints
Si11gh11l Law Publications

(d) interlocutory orders

Code of Civil Procedure, 1908
Order 39 Rule 1 of the Code of Civil
Procedure would automatically revive
709
s;,,,.,"" """....,
(a) Th~re. appears to be a danger that
""'Ij

Ans. (d) [UJS 2014] with the restitution of suit which was plaintiff would waste or alienate the
Ans. (c) [DJS 2014) Suit property
943. Issue relating to jurisdiction can be dismissed for default?
938. Attachment of property attached shall (b) The plaintiff threatens to dispose
tried as a preliminary issue only when (a) No
remain operative under Order 39 Rule off the property with a view to
2A of CPC for a period of: it can be decided without recording (b) Yes
defrauding his creditors
(a) six months any evidence. This principle was laid (c) At the discretion of the Court
down by a Full Bench of the M.P. High (c) Plaintiff threatens the defendant
(b) three months (d) None to dispossess him from the suit
Court in-
(c) one year Ans. (a) [APDSJ 2011) property.
(a) Ramdayal v. Mis Pannala/
(d) seven years 947, The provision relating to temporary (d) All of them
(b) Subhash Chand v. Chairman
Ans. (c) [PJS 2011, HHJS 2011) injunction are provided:- Ans. (d) [MPJS 2013-Il)
(c) Nathu Prasad v. Singhai Kapur Chand
939. Period of detention in civil (a) under Order 37 952. A temporary injunction can be granted
(d) Budhu/al v. Chhotela/ to a party establishing
imprisonment, as a consequence (b) under Order 38
of disobedience or breach of any Ans. (c) [MP HJS 2011] (a) a prima facie case in his favour
(c) under Order 39
injunction shall not exceed: 944. Which Rule of Order XXXIX of the (b) balance of convenience in his favour
Code provides that an injunction (d) under Order 40
(a) one month (c) irreparable injury to him in the
directed to the Corporation is binding Ans. (c) [MP APPO 2008)
(b) three months event of non-grant of injunction
not only on the Corporation but also 948. If a party commits breach of an order (d) all of the above
(c) six months on all members and officers of the of temporary injunction __ .
(d) one year Corporation whose personal action it Ans. (d) [HJS 2010]
(a) it would be punished for contempt
Ans. <bl IMPCJ 2006, js 20141 seeks to restrain- 953. Civil Procedure Code provides for
of court
(a). Rule 3 (a) temporary injunction
940. Which of the provision C.P.C. deals (b) it would be fined
with consequences of disobedience of (b) Rule 3A (b) permanent injunction
(c) it's property may be attached (c) mandatory injunction
an injunction granted by Court? (c) Rule 4 (d) none of the above (d) none of the above
(a) Order 39 Rule 1 (d) Rule 5
(b) Order 39 Rule 2 Ans. (c) [M)S 2010] Ans. (a) [HJS 2010)
Ans. (d) [MP HJS 2011)
(c) Order 39 Rule 2-A 949. In which of the following are provisions 954. The Court shall not grant temporary
945. An order to appoint Court
relating to Injunction mentioned? injunction where:
(d) Order 39 Rule 3 Commissioner is sought for recording -
statements of witnesses in the (a) Section 95 read with Order XXXIX (a) Any property, in dispute, in a suit is
Ans. (c) (UJS 2006, HPJ 2009, in danger of being wasted, damaged
proceedings filed for interim injunction (b) Section 30 read with Order XI
HPJS 2011] or alienated by any party
941. Where any injunction is passed without under Order 39, Rule 1 and 2, C.P.C. (c) Section 36 read with Order XXI
(b) Where plaintiff can be compensated
giving notice to opposite party the (a) You will reject the application as not (d) Section 51 read with Order XXI
maintainable. by money
court will try to decide the application Ans. (a) [CJS 2016] (c) That the defendant threatened to
within: (b) You will grant the application as 950, In which of the following orders there remove or dispose of the property
(a) 7 days permissible. is a provision of temporary injunction? with a view to defrauding his
(b) 15 days (c) You will pass alternative order for (a) XXXII creditors
(c) 21 days recording statements by visiting (d) None of the above
(b) XXXIX
(d) 30 days the Spot and to give report of fact Ans. (bl (MPJS 201~1
finding on basis of such statement. (c) XL
955. Which of the following statements ts
Ans. (d) (CJS 20031
(d) You will yourself proceed to record (dl xxxvn
942. Rules 6 to 10 of order 39 of C.P.C. deal incorrect:
with such statements. Ans. (b) [HJS 2008) (a) Temporary injunction . may . be
Ans. fa, [MP HJS 2007) 951. Under Civil Procedure Code, defendant grant~ only at the time of institution
(a) attachment of property
(b) arrest of persons 946. Whether an order of temporary can ask for temporary injunction of a swt
prohibitory injunction granted under against the plaintiff if-
 ·\.
......
Code of Civil Procedure. 1908 710 Singha/ Law Publications
(b) Temporary injunction may be (b) Where the suit property is in Code of Civil Procedure, 1908 711 Singhiil Law Publications
granted at any stage of a suit danger of being wrongfully sold in (a) Order 49 (a) Refund of whole of the Court fee
(c) Temporary injunctions are reguJated execution of a decree (b) Order 39 (b) No refund
by the Code of Civil Procedure, 1908 (c) Where the defendant is about to (c) Order 38 (c) Proportionate refund
(d) Temporary injunctions are a form of dispose of the whole or any part of
(d) None of these (d) None of the above
preventive relief his property
(d) Where the defendant has ascended
Ans. (d) [HJS 2008] Ans (c) [}IBJS 2011 I
Ans. (a) [DJS 2011)
the local limits of the jurisdiction of 965. A person who is appointed to protect ORDER XLII
956. What is incorrect about a temporary the disputed property is known as
injunction: the court
Ans. (a) [MP PCS 1996) (a) A judgement debtor APPEALS FROM
(a) It finally settles the mutual rights of
960. Appointment of receivers of any (b) Commissioner APPEL LA TE DECREES
the parties and directs a party for all
lime to do or abstain from doing a property can be made when- (c) Receiver [Rules 1-3]
thing (a) Before decree (d) A pauper 969. Order 42 of the Code of Civil Procedure
(b) Can be granted ex parte (b) After decree Ans. (c) [BJS 2009) deals with
(c) Preserves the property in dispute in (c) Only appellate court can made order 966. A receiver: (a) Appeal to Supreme Court
status quo till the disposal of suit (d) It appears to the court to be just and (a) can be sued generally for acts done (b) Appeal by indigent person
(d) Continues unless a specific lime convenient whether before or after in his official capacity by a third (c) Appeal against orders
Ans. (a) [APJS 2012) decree party (d) Appeal from appellate decrees
Ans. (d) [CJS 2004) (b) cannot be sued at all for acts done in Ans. (d) [UJS 2009, 2015)
957. Under which provisions of Civil
Procedure Code temporary injunctions 961. Under which provision of the Code of his official capacity by a third party
are granted? Civil Procedure 1908, the Collector may (c) can sue and can be sued for acts ORDER XUV
be appointed as receiver? done in his official capacity by the APPEALS BY INDIGENT PERSONS
(a) Under Section 116
(a) Order XL Rule 5 third party only with the leave of [Rules 1-3]
(b) Under Section 152
(b) Order XLI Rule 1 the court appointing him
(c) Under Order 39 Rule 1 970. Pauper appeals have been provided
(c) Order XL Rule 2 (d) none of the above under.
(d) Under Order 29 Rule 1
(d) Order XLI Rule 5 Ans. (c) [PJS 2011] (a) Order XLil of CPC
Ans. (c) (UP PCS CJ 2012)
Ans. (a) [UP PCS CJ 2012)
ORDER XL ORDER XLI (b) Order XLlil of CPC
962. Under which one of the following (c) Order XLlV of CPC
APPOINTMENT OF RECEIVERS provisions of Civil Procedure Code, a APPEALS FROM
(d) Order XLV of CPC
[Rules 1-4] collector may be appointed 'receiver'? ORIGINAL DECREES
Ans. (c) (HPJS 2007-UJ
(a) Order 40 Rule 1 [Rules 1-37]
958. Under which Order of Civil
Procedure Code Provision relating to (b) Order 40 Rule 2 967. In how much time, respondent may ORDER XLVI
"Appointment of Receivers" has been (c) Order 40 Rule 3 file cross-objections from the day of
service of the notice of the hearing of
REFERENCE
provided? (d) Order 40 Rule 5
appeal? [Rules 1-7)
(a) Order XL, Rule 1 Ans. (d) [UJS 2006, UP PCS CJ 2008)
(a) In 45 day 971. If court is Sitisfied that ii case pending
(b) Order XXI, Rule 1 963. In which of the following orders
(b) In one month before it involves a question as to
(c) Order XI, Rule 1 appointment of receiver is mentioned?
validity of any Act, the Court should
(d) Order XX, Rule 1 (a) Order IX (c) In 45 days
(a) Decide the validity of Act
Ans. (a) (UJS 2010) (b) Order XL (d) In 21 days
(b) Refer the matter to the High Court
959. The court may by order appoint a (c) Order X Ans. (b) [MPJS 2007)
(c) High Court should exercise power
receiver of any property before decree: (d) Order XIn 968. If appellate Court remands a case and
to revision
(a) Where it appears to the court to be Ans. (b) (HJS 20081 order of remand does not cover the
(d) Refer to supreme court for advice
just and convenient 964. Order for appointment of Court whole of the subject matter of the suit,
receiver appellant shall be entitled to get Ans. (b) 1qs 20141
...

Code of Civil Procedure, 1908 712 Singha/ I.Aw Publications code of Civil Procedure, 1908 713
Si11ghal Law Publrcations
ORDER XLVII Select correct answer by using code 979, Match the following lists and tick the
correct code: 982. Certain topics under the Code of Civil
given ahead-
REVIEW List-I List-II
Procedure are described hereunder
Code: in List-I while their Section/Order
[Rules 1·9] (Order of CPC) (S11bjects)
(a) 1, 2 and 3 numbers are mentioned in List-fl.
972. Section 114 of C.P.C. should 'be read A. Order XVll 1. Execution
with- (b) 1, 2 and 4 Match the entries of list-I and list-II
B. Order XXI 2. Suit by or against
(a) Order 46, Rule 1 (c) 1, 3 and 4 and write the correct answer using the
Corporation codes below:
(b) Order 47, Rule 1 (d) 2, 3 and 4
C. Order XXIX 3. Suit by Indigent list-I List-II
(c) Order 47, Rule 3 Ans. Cb) [UP PCS 2003) D. Order XXXIII 4. Adjournment A. Affidavit 1. Order 26
(d) Order 41 977. Which of the following combinations Code:
are correctly matched? B. Arrest before 2. Order l3
Ans. (b) (UP PCS 2003] A B C D Judgement
973. Under Civil Procedure Code, when 1. Temporary - Order 39 C.P.C. (a) 1 2 3 4 C. Commission to 3. Order 19
application for review is dismissed- injunction examine witnesses
(b) 4 3 2 1
(a) appeal can be filed against the order 2. Suit by Indigent - Order 33 C.P.C D. Suit by indigent 4. Order 38
person (tj 4 1 2 3
(b) no appeal lies (d) 3 2 4 1 persons
3. Powers of Appe- - Section 102 C.P.C. Codes:
(c) with the permission of Court, appeal Ans. (cl [UJS 2006]
llate Court
can be filed against the order 980, Match the following lists and tick the A B C D
(d) none of them 4. Right to file - Section 148A C.P.C.
caveat correct code: (a) 2 1 3 4
Ans. (b) [MPJS 2013-II) Lisi-I List-II (b) 3 2 1 4
Select correct answer using the code
974. Under Civil Procedure Code, when given below- A. Section 10 1. Inherent Power of (c) 3 4 1 2
application for review is dismissed the court (d) 1 2 3 4
Code:
(a) appeal can be filed against the Order B. Section 11 2. Transfer of decree
(a) 1, 2 and 4 C. Section 39 3. Res-judicata
Ans. (c) [UP PCS CJ 2006)
(b) no appeal lies
(b) 1, 2 and 3 D. Section 151 4. Res-subjudice 983. Jurisdiction of a court is decided by
(c) with the permission of Court, appeal
(c) 1, 3 and 4 Code: (a) subject matter of the dispute
can be filed against the order
(d) None of these (d) 2, 3 and 4 A B C D ~) pecuniary value of the suit
Ans. (a) [UP PCS 2003] (a) 4 3 2 1 (c) place where the dispute arose
Ans. (bl [DJS 2015]
978. Which of the following combinations ~) 1 2 3 4 (d) all of the above
975. An order of the Court rejecting an
are correctly matched- (c) 2 3 4 1 Ans. (d) [DJS 2007)
application for review, under the CPC,
is . 1. Equity of - Section 49 C.P.C. (d) 3 4 1 2 984. The Code of Civil Procedure, 1908 was
(a) appealable judgement Ans. (a) [UJS 2006] amended by the Civil Procedure Code
debtor 981. Which of the following combinations (Amendment) Act, 2002, with the object
(b) not appealable
2. Privileged - Section 29 C.P.C. are not correctly matched? to:
(c) appealable by opposite party documents 1. Execution of decree Sec. 77, C.P.C. (a) Cut short delay in disposal of suit
(d) appealable with the permission of 3. Legal 2. Letter of request Sec. 82, C.P.C.
the court - Section 50 C.P.C. (b) Give more power to civil courts
representative 3. Legal representative Sec. 50, C.P.C.
(c) Reduce the power of civil courts
Ans. Cbl [MP H)S 2012] 4. Pauper suit - Order 33 C.P.C. 4. Institution of suit Sec. 28, C.P.C.
(d) Make provisions stringent
MISCELLANEOUS Select correct answer using the code Select the correct answer using the
Ans. (dl (HPJS 2007-III
97Q. Whlch one of the following combination given below codes given below:
Code: Codes: 985. The Sections in the Code of Civil
are not correctly matched?
1. &s subjudice (a) 1, 2 and 3 Procedure
• Section 11 (a) (1), (2) and (3)
2. Res judicata (a) can be amended by the Parliament
• Section 10 (b) 1, 2 and 4 ~) (1), (2) and (4)
3. Judgement and (b) can be amended by a High Court or
Section 33 (c) 2, 3 and 4 (c) (1 ), (3) and (4)
de<:ru the State Legislature
(d) 1, 3 and 4 (d) (2), (3) and (4)
4. Siurunon to witness (c) can be amended by the Court
Section 80 Ans. (d) [UP PCS CJ 2006]
[UP PCS 2003) Ans. (b) hearing the suit
-,
Code of Civil Procedure, 1908 715 Si11ghal U1W Public.ation.s
Code of Civil Procedure, 1908 714 Singha/ Law Publications (c) 52 Orders 997. In a suit for recovery of possession
(d} 53 Orders by the Government who will sign the
(d) can be amended by the parties to (c) 2 4 3
Ans. (b) [HPJ 2009) plaint?
the suit (d) 3 2 4
992. From which date Civil Procedure Code, (a) The Chief Secretary to the
Ans. (a) [BJS 2000] Ans. (b) UCJ 20001 1908, became operative? Government
986. The Orders and Rules in the First 989. Which of the following pairs is/are (a) 1st January, 1908 (b) The District Collector
Schedule of the Code of Civil Procedure correctly matched? (b) 1st April, 1908 (c) The Governor of the State
(a) are mere guidelines 1. Right to file Section 148-A, C.P.C. (d) The Person nominated by the
(c) 31st December, 1908
(b) will prevail over the provisions of a caveat Government
2. Pauper suit Section 33, _C.P.C. (d) 1st January, 1909
Section Ans. (d) [BJS 2009) Ans. (d) [APJS 2011)
3. Privileged Section 29, C.P.C.
(c) cannot override the provisions in a 993, 'The 'plaint' should be filed in 998. By which judgment, the Hon'ble Apex
document
Section duplicate', this rule was inserted by: Court upheld the constitutional validity
4. Powers of Section 102, C.P.C.
(d) the courts are not bound to follow appellate court (a) Code of Civil Procedure of amendments made in the Code of
them (Amendment) Act, 1976 Civil Procedure vide amendment Acts
Code:
Ans. (cl [BJS 2000) (b) Code of Civil Procedure of 1999 and 2002:
(a) 1 only
987. The expression, "Each party shall bear (Amendment) Act, 1999 (a) Salem Advocates Bar Association,
(b) 4 only
his own costs" implies that (c) Code of Civil Procedure Tamil Nadu v. Union of India
(c) 1 and 2
(a) both the parties are entitled to cost (d) 2, 3 and 4 (Amendment) Act, 2002 (b) Civil Court Bar Association v. Union
(d) None of the above of India
from each other Ans. (a) OCJ 2000)
(b) both the parties are not to be 990. Match List-I with List-II and select the
Ans. (b) [HPJS 2011) (c) Indian Co11rts Bar Association v. Union
deprived of costs
994. Which of the following suits is not of of India
correct answer using the code given
civil nature? (d) West Bengal High Court Bar Association
(c) both the parties are to be deprived below the Lists:
(a) Suits involving principally caste v. Union of India
of costs List-I List-II
questions Ans. (a) [APJS 20121
(d) both the parties are not entitled to A. Restitution afresh 1. Representative
(b) Suits involving purely religious 999. Match List I with List II and select the
cost from each other of a minor or a
plaintiff of unsound ceremonies correct answer by using the code given
Ans. <c> UCJ 20001 mind in a civil suit (c) Suits for recovery of voluntary below the lists:
988. Match List-I with List-II and select the B. Next friend 2. Person representing payments/ offerings List I List ll
correct answer using the code given the estate of the (d) All of the above (Sections of CPC)
below the Lists: deceased Ans. (d) [HPJS 2012)
A. Inter-pleader Suit 1. Section 46
List-I List-II C. Legal 3. Debtor of the 995. "Mere production of a Photostat
B. Letter of Request 2. Section 88
A. Set-off 1. Amount paid by the representative representative copy of a decree of a foreign court
decree-holder for is not sufficient. It is required to be C. Precepts 3. Section 30
judgment-debtor
detention of the certified by a representative of Central D. Power to order 4. Section 77
liable for payment
judgment-debtor in or delivery Government in America" was held by discovery
civil prison D. Garnishees 4. Setting aside ex the Supreme Court in: A B C D
B. Mesnt profit 2. Person allowed to file parte decree and (a) Narasimha Rao v. Venkata wkshmi (a) 4 3 1 2
suit or appeal without rehearing the case (b) Roshanla! v. R.B. Mohan Singh (b) 2 4 1 3
court fee Code: (c) Venkata Lakshmi v. Narasimha Rao (c) 3 2 4 1
C. Indigent 3. Adjustment of (d) None of the above (d) 2 1 3 4
defendant's claim with
A B C D
(a) 2 3 1 4 Ans. (a) [HPJS 2012) Ans. (bl [UP PCS CJ 2013]
the plaintiffs claim
(b) 4 3 2 1 996. Issues must be confined to: 1000. Consider the following statements:
D. Subsistence 4. Gains from property
allowance by a person having (c) 4 1
(a) Facia Probanda 1. Where the High Court calls for the
2 3
wrongful possession (d) 3
(b) Facta Probantla record of any case in its revisional
4 2 1
(c) Both (a) and (b) jurisdiction, it operates as a stay of
Code: Ans. (c) UCJ 2000)
(d) Oral Examination such case before the subordinate
A B C D 991. Code of Civil Procedure contains court.
Ans. (a) (HPJS 2012)
(a) 4 3 1 2 (a) 50 Orders
(b) 3 4 2 1 (b) 51 Orders
·~·
Code of Civil Procedure, 1908 716
2. No second appeal shall lie in money
suits where the vaJue of the subject
matter does not exceed Rs. 25,000.
3. A plaintiff cannot be allowed by the
court to sue afterwards for any relief
omitted by him in the suit.
4. A plaintiff may relinquish any
portion of his claim in order to bring
the suit within the jurisdiction of
any court.
Of the above statements:
(a) 1, 2 and 3 are incorrect.
(b) 2 and 3 are incorrect
(c) 1 and 3 are incorrect
(d) 1 and 4 are incorrect
Ans. (c) (UP PCS CJ 2013)
1001. An executing court ..
(a) Can modify the terms of the decree
(b) Can vary the terms of the decree
(c) Can modify and vary the terms of
the decree
(d) Can neither modify nor vary the
terms of the decree
Ans. (d) [AJS 2011, 2012, HJS 2010)
1002. Under Civil Procedure Code, which
of the following statements are true
regarding a decree 7
(a) Conclusively determin es the rights
of parties with regard to all or any
of the matters in controversy in the
suit
(b) Decree can be partly prelimina ry
and partly final
(c) This would not include any
adjudication from which an appeal
lies as an appeal from an order
(d) All of them
Ans. (d) [MPJS 2013-JIJ
1003. A decree becomes final when
(a) it conclusively determined the right
of the parties.
(b) no appeal has been preferred against
the decree.
(c) Both (a} and (b)
(d) Neither (a) nor (b)
Ans. (c) (DJS 2014]
Si11gha/ Law Publications
1004. 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
Ans. (b) [MPJS 2015)
1005. Whether a minor on attaining majority
may, if a sole plaintiff, apply that a suit
instituted in his name by 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 applications will lie with next
friend
Ans. (c) (MPJS 2015]
1006. 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 Commis sioner appointed by the
court
Ans. (c) [MPJS 2015)
1007. In a suit for recovery instituted by
A against B, despite the summons of
suit having been duly served upon B,
he did not appear on the date fixed in
the summons on 1.3.1993. The Court
consequently on 1.3.93 passed an ex
parte order against B and listed the case
for 3.4.93 for ex parte evidence of A.
(a) B can participate in further
proceedings of the case
(b) B can seek setting aside of the ex
narte order if he is able to show
good cause for his non-appearance
Code of Civil Procedure, 1908
(c) Both (a) and (b) are correct
(d) Both (a) and (b) are incorrect
Ans. (c) [DJS 2015)
1008. Preliminary Decree can be passed in a
suit
(a} for partition
(b) for partnership
(c) for possession and mesne profit
(d) All these
Ans. (d) [UP HJS 2012, DJS 2015)
1009. In which of the following cases,
did the Supreme Court uphold the
validity of the Code of Civil Procedure
Amendment Acts of 1999 and 20027
(a) Delhi High Court Bar Association
UOI
(b) Allahabad High Court Bar Association
v. UOI .
(c) Salem Advocate Bar Association v.
UOI
(d) P&H High Court Bar Association v.
UOI
Ans. (c) (RJS 2015, Raj HJS 2015)
1010. 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.
Ans. (d) (UP PCS CJ 2015)
1011. 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 cast vote in general elections
(d) None of the above
Ans. (a) [UP PCS CJ 2015)
1012. The adjudication of a court of law may
be:
(a) Decree only
(b} Order only
(c) Decree and order
(d) None of the above
Ans. (c) [HPJS 2016)
717 Singhal UIW Publicalions
1013. In which case the Supreme Court held
that in the partition suit more than one
preliminary decree can be passed?
(a) Phoolclrand v. Gopal Lal, AIR 1%7 SC
1470
(b) Ba/raj Taneja v. Sunil Madan, A1R
1999 SC 3381
(c) Babbar Sewi11g Machine Co. v. Triloki
Nath Mahajan, A1R 1978 SC 1436
(d) Santosh Kumar v. Bhai Mool Singh,
AIR 1958 SC 321
Ans. (a) [HPJS 2016)
1014. In Rajasthan SRTC v. Krishan Kant,
AIR 1995 SC 1715, the Supreme Court
v. laid down the:
(a) Principles of res judicata
(b) Principles applicable to industrial
disputes
(c) Jurisd iction of court of small causes
(d) Jurisdi ction of foreign courts
Ans. (b) (HPJS 2016}
1015. An adjournm ent shall not be grmted
on the ground:
(a) Where the circumstances are beyond
thecontrolofthatparty
(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
Ans. (c) [QS 2016)
1016. 'A' and 'B' sue 'C' for Rs. 1000.
(a) 'C' cannot set off a debt due to him
from 'A' alone.
(b) 'C' can set off debt due to him from
'A' aJone as a matter of right.
(c) 'C' can set off debt due to him from
'A' alone with prior permiss ion of
the Court.
(d) None of the above
Ans. (a) IPJS 2013)
1017. Issues arise when prepositions of law
or fact are affirmed by one party and
denied by the other.
't
,,...
I•

Code of Civil Procedure, 1908 718 Singha/ Law Publications Code of Civil Procedure, 1908 719 Singha/ I.Jlw P11blie11tions
(a) Relevant (3) Order 34 CPC (a) Rs. 3000 1031. Which of the following statements is
(b) Material (4) Order 33 CPC (b) Rs. 2000 correct?
(c) Necessary (I) (II} (III) (IV) (c) Rs. 3500 An attachment order may come to t1I\
(d) Disputed (a) (2) (1) (4) (3) (d) Rs. 1000 end by
Ans. (b) [PJS 2013) (b) (1) (2) (3) (4) Ans. (b) [MP HJS 2011] A. satisfaction of decree.
(c) (2) (4) (1) (3) 1028, In which of the following cases, C can B. setting aside or reversal of decree.
1018. The Code of Civil Procedure
set off the claim? C. dismissal of execution application
(Amendment) Acts, 1999 and 2002 were (d) (1) (3) (2) (4)
(a) A sues C on a Bill of Exchange. for decree holder's default.
enacted on the recommendations of (e) None of these C alleges that A has wrongfully D. death of the decree holder.
(a) Santhanam Committee Ans. (a) (PJS 2017] neglected to insure C's goods and E. agreement/compromise between th.e
(b) Malimath Committee 1023. The Sections in the Code of Civil is liable to pay compensation. parties.
(c) Thakkar Committee Procedure can be amended by (b) A sues B and C for Rs. 1,000. The
(d) None of the above (a) the Parliament Select the correct answer using the
debt is due to C alone by A
Ans. (b) [BJS 2016] code given below:
(b) a High Court (c) A and B sue C for Rs. 1,000. The
1019. Which of the following landmark (a) A, B, C and E
(c) the Court hearing the suit debt is due to C by A alone.
judgments of the Supreme Court deals (d) A sues C on a bill of exchange for (b) B, D and E
(d) the parties to the suit
with the applicability of res judicata in Rs. 500. C holds a judgment against (c) B, C, D and E
Ans. (a) (UJS 2014)
writ petitions? A for recovery of debt of Rs. 1,000 (d) All these
1024. Morgan Stanley Mutual Fund v. Kartik
(a) Satyadhan Ghosal v. Deorajin Debi Das Case related to which of the Ans. (d) IMP PCS 1996, MP HJ$ 2010] Ans. (a) [DHJS 2014]
(b) Daryao v. State of UP following? 1029. A suit was instituted impleading 1032. Which of the following is ,1 dttmed
(c) UC v. India Automobiles & Co. (a) Issuance of Commission the defendants in a representative decree
(d) None of the above (b) Attachment before judgment
capacity. Publication of the notice of (a) Rejection of a Plaint
Ans. (b) [BJS 2016] the suit was made in a leading daily (b) Determination of questions under
(c) Interim injunction
1020. A court can return the plaint, when the as directed by Court while granting Section 144 of the Code of Civil
(d) Affidavits permission under Order I, Rule 8. Later
court has got Procedure
Ans. (c) [UJS 2014) on the suit happened to be dismissed
(a) no territorial jurisdiction (c) Adjudication under Order 21 Rule 58
1025. "It is a statement of claim, a document for default. Plaintiff filed application
(b) no pecuni ary jurisdiction by presentation of which the suit is (d) All of the above
under Order IX, Rule 9 to restore the
(c) no subject-matter jurisdiction instituted." It is called as: Ans. (d) [MP HJS 20141
suit.. Is it necessary to direct publication
(d) Any of the above (a) Affidavit 1033. Which of the following provisions of
of the notice regarding the restoration
Ans. (d) [BJS 2016] (b) Written Statement the Code of Civil Procedure precludes
application also in a leading daily to
1021. The Code of Civil Procedure a plaintiff from instituting a fresh su.it?
(c) Counter Claim have effective service on all the persons
(Amendment) Act, 2002 came into force interested? (a) Order 9 Rule 9
(d) Plaint
on (a) No (b) Order 11 Rule 21(2)
Ans. (d) [HADA 2016]
(a) 1st April, 2002 (b) Yes, but only when such suit is either (c) Order 22 Rule 9
1026. Remedies available against an ex parte
(b) 1st lune, 2002 decree indude- to be withdrawn or compromised (d) All of the above
(c) 6th [une, 2002 (c) Yes, but only when leave is to be Ans. (d) [MP HJS 20141
(a) appeal
(d) 1st July, 2002 (b) review
obtained 1034. Who amongst the following is not a
Ans. (d) [BJS 2016] (d) In both the conditions mentioned in 'public officer' within the meaning of
(c) application for setting aside the
1022. Match the following and select correct (b) & (c) section 2(17) of CPC?
decree
answer: Ans. (b) [MP HJS 2010] {a) A Judge
(d) aJJ of the above
(I) Suits by or against partnership firms 1030. Multifariousness means (b) A person in service under the pay
And. (d) [UP HJS 2012, of Government
OI) Suits by or against minors (a) Mis-joinder of causes of action
HPJS 2007-1] (c) Sarpanch of a Gram Panchayat
UIO Suits by indigent persons (b) Mis-joinder of partie
1027. In execution of a decree, other than a (d) None of the above
(IV) Mortgage Suits decree for maintenance, passed against (c) Non-joinder of parties
(d) Mis-joinder of causes of action as And. (c) [UP HJS 2012]
(1) Order 32 CPC A, what shall be the attachable portion,
well as Parties. 1035. Pleadings under Civil Procedure Code,
(2) Order 30 CPC if his salary is Rs. 7000 per month?
Ans. (d) [MP HJS 2010] 1908 essentially means
.
''
Code of Civil Proud u re, 1908
(a) Written statement only
(b) Plaint only
(c) Plaint and Written Statement
(d) Plaint, Written Statement and
replication.
Ans. (cl [CLAT LLM 2013]
1036. Where the decree is for the partition
of an undivided estate assessed to the
payment 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 Naib Tahsildar
(b) The Nazir
(c) The Collector
(d) The Commissioner appointed by the
Court
Ans. (c) [MP PCS 1996)
1037. 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 person to whom no special
damage has been caused by person
of such public nuisance
Ans. (a) [MP PCS 1996 J
1038. Where the appellant has withdrawn
the appeal preferred against a decree
passed ex-paste the application under
order 9 Rule 13 shall be:
(a) Rejected
(b) Returned
(c) Maintainable
(d) Referred for opinion to the Appellate
Court
Ans. (c) [MP PCS 1996)
720 Sing/rat Law Publications
1039. The Court shall reject an application to
sue as an indigent person:
(a) Where is contains the particulars
required in regard to plaint ,.. AHlOHU•
'\YHONVld
(b) Where it is presented to be court by "" OHt: WOfllD SUNTIT UTIOfil
"' WOAOS OF SMU ii fOIW tuT DlffCM 'fl lll[A JNl
the applicant in person "' PUHCTUIIOON
"' l[GAL Oll)~Ull'f'
(c) Where applicant's allegation show a
cause of action ....,
TR.IJfSI..A1IOM
• PtUCISWPlfffltG
(d) Where any other person has entered
into an agreement with the applicant
to finance the litigation
Ans. (d) [MP PCS 1996)
1040. Attachment before judgement in a suit
dismissed for default/non-prosecution
revives automatically on the restoration
of a suit-
'(a) True
(b) Partly true
(c) False
(d) None of the above
Ans. (c) [APJS 2011)
1041. Civil Procedure Code, 1908 is not
applicable to which of the !::,;!.Jwing
namely
(a) Civil matters
(b) Revenue matters
(c) Service matters
(d) Land law and local laws
Ans. (d) [UP PCS CJ 2012)
IST SCHEDULE
1042. The authority to annul, alter or add to
the rules in the First Schedule of the
Code of Civil Procedure rests with the;
(a) High Court
(b) State Government
(c) Supreme Court with the previous
approval of rules by the Central
Government
BASEi> ON
(d) High Court with the previous
approval of rules by the State
Government
JUDICIAL
Ans. (d) [HJS 2013]1 SERVICE
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