Multiple Choice Questions on The Code of Civil Procedure, 1908 Under the provisions of Civil Procedure Code plea of adverse possession is a defence available (a) only to plaintiff against defendant (b) only to defendant against plaintiff (©) both plaintiff and defendant (d) only to movable property. The reappreciation of evidence in second appeal (a) is subject to review (b) is permissible (©) is not permissible (d) is an admitted fact. Sweeping change introduced by Civil Procedure Code (Amendment) Act, 2002 is with the object to (a) give more power to Civil Courts, (b) reduce the power of Civil Courts (c) cut short delay in disposal of suit (d)_make provisions stringent. Preliminary decree can be passed in a suit (a) for partition (b) of partnership (0) for possession and mesne profits (d) all the above. Preliminary decree is one (a) which determines the rights of the parties with regard to some or one of the matters in controversy in the suit but does not finally dispose of the suit which determines the rights of the parties with regard to some or one of the matters in controversy in the suit, which may have the effect of final disposal of the suit (0) both (a) & (b) (a). neither (a) nor (b) A decree becomes final (a) when it conclusively determines the rights of the parties when no appeal has been preferred against the decree both (a) & (by neither (a) nor (b). (b) by fey (a) 10. n. 12. 13. Which of the following is not a decree (a) dismissal in default (b) rejection of a plaint {e)_ both (2) & &) {d) neither (2) nor (b). Order has been defined as a formal expression of any decision of a civil court which is not a decree, under (a) section 2(1) of CPC (b) section 2(14) of CPC (c) section 2(9} of CPC (d) section 2(16) of CPC. A decree holder has been defined as a person in whose favour a decree has been passed or an order capable of execution has been made, under (a) section 2(3) of CPC (b) section 2(13) of CPC (c)_ section 2(4) of CPC (d) section 2(16) of CPC. A decree holder (a) need not be a party to the suit (b) the term is not confined to plaintiff (©) both (a) & (b) (d) neither (a) nor (b). Foreign court under section 25) of CPC means (a) a court situated outside India (b) a court situated outside India and not established under the authority of Government of India © pho situated in India applying foreign law (d) all the above. Judgment under section 2(9) means (a) adecree (b) dismissal of an appeal summarily (c)_ statement of grounds of an order or decree (d) all the above. Legal representative under section 2(11) of CPC means a person who is a (a) Relative of parties to the suit (b) co-sharer of the benefits assuming to the parties to the suit6. w. is, A jusgment cor The Cade of Civil Procedure, 1908 cw i ae eptENnts the ete of the deceased ay all the above. 1 gies leaving bebind a won X & a married ‘auger Y, a ult filed by “A’, after his death, abe continued by f X alone ae legal representative {0} "Y.alone a legal representative (yx. ¥ and the tsband of Y 9s tegad representatives p X'na ”boly a legal representatives {o) concise statement of the {hy the points for determination fi) the decision on the points of determina. tions & the reason thereof {a) all the above. Who amongst the following is not a legal representative {a} a lrespasser 0) anintermeddter (©) acreditor W) both (a) & (0 ‘Mesne profits’ as det means (0 those profte which the person in wrongful possession of such proper Ielully retived or might have retived together with interest ined under section 212) (0) those profits. which the person in wrongful possession of property actually received including profits due to Improvements made by such person (©) those profits which the person in wrongful possession of such property actually received or might have received bbut without any interest on such profi (@) those profits” which the person in wrongful possession of such property actually received. Foreign judgment as defined under section 216) of CPC means {@) judgment given by an Indian Court in respect of foreigners (©) judgment given by a foreign court (0. both (a) & (&) {4 neither () nor (). ‘Who amongst the following is not a ‘public officer within the meaning of section 2(17) of cre (2) a judge } a person in service under the pay of Government (©) Sarpanch of a Gram Panchayat (@) none of the above. 585 20. Basis of distribution of the jurisdiction of Indian Courts is a) pecuniary (b) territorial juri (6). subject-matter juri (d) all the above. 21, Court of small causes, under section 3 of CPC is subordinate to (a), District Court (b) High Court (©) both (a) & (o) (a) neither (a) nor (). Pecuniary jurisdiction of the court has been dealt with in (2) section 3 of CPC (b) section 4 of CPC {6} section 5 of CPC (2) section 6 of CPC. 23, Courts have jurisdiction to try all suits of a civil nature excepting suits, the cognizance of which is either expressly or impliedly barred, by virtue of {@) section 8 of CPC () section 9 of CPC {c)_ section 10 of CPC (d) section 11 of CPC. 24, Which of the following is a right of ci nature (a) right to worship in a temple (b) right to share in offerings in a temple (6) right to take out procession (d) all the above, Which of the following is not a right of ci nature (a). caste & religion (0) ight to services which are honorary and gratuitous (©). bri jijmam rights» (a) both (a) & b). Jurisdiction of civil court can be barred (@) expressly only () impliedly only (©) cither expressly or impliedly (a) neither expressly nor impliedly. 27. Principle of res-subjudice is contained in {a)_ section 10 of CPC {b) section 11 of CPC (6). section 13 of CPC {@) section 14 of CPC. 28, Dinlablai etc, v. State of Madhya Pradesh and. another, AIK 1969. $C 78, lays down certain principles regarding the exclusion o! seetichon ot cvih count Which of the following is not a principle laid down: 2. 25. 26.586 (a) where a statute gives a finality te the orders of the special tribunals, the civil courts jurisdiction must be held to be excluded if there is adequate remedy to do what the civil court would normally do in. there is an express bar of jurisdiction of the court, an examination of the scheme of the particular Act to find out the adequacy or sufficiency af the remedies provided may be relevant but is, not decisive to sustain the jurisdiction of the civil court (©) questions as to the correctness of the assessment apart from its constitutionality are the decisions of the authorities and a vil suit lies even if the orders of the authorities are declared to be final (d) none of the above. 29. Under section 10 of CPC, a suit is liable to be @) stayed () dismissed (©). rejected (@) either (a) or (b) oF (©). 30. For the application of the principle of subjudice, which of the following is essential (@) suits between the same parties or litigating under the same title (b) the two suits must be pending disposal in acourt (©) the matters in issue in the two suits must be directly and substantially the same (2) all the above. 31. 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 (Q)_ when the previous suit is pending in any other court in India (@) when the previous suit is pending in a court outside India established or contained by the Central Government. 32. Under the principle of res-subjudice (a) the second suit has to be stayed (b) the previous suit has to be stayed (©) either (a) or (b) depending on the facts & ‘circumstances of the case (4) either (@) or (b) depending on the valuation of the suit for the purposes of jurisdiction, 33. Provisions of section 10 of CPC are (@Y directory (>) mandatory uM. 35. 36. 37. 38, 39. Judivial Sercioes (©) non mandatory (a) discretionary, Section 10 can come into operation {@) before filing of written st subsequent suit ore settlement of issues i before setlement of SUE in subseauen (©) alter setlement of issues in subg (a) all the above. Doctrine of res-judicata as contained section 11 of CPC is based on the maxim {a) Nemo debet bis vexari pro uno etende () interest republicae ut sit fnisltium (©) both (a) & (b) (2) either (a) or (). Principle of res-judicata applies (a) between co-defendants (b) between co-plaintifs, ()_ both (a) & (b) (4) neither (a) nor (b). Which of the following is not true of res- judicata (@) it can be invoked in a separate subsequent proceedings () it can be invoked at a subsequent stage in the same proceedings (©) itcan not be invoked at a subsequent stage in the same proceedings but only ina separate subsequent proceedings (€) both &) & (0. As regards res-judicata, it has been sated that the right of an individual is to be Protected from multiplication of suits and Prosecution at the instance of an opponent Whose superior resources & power unless curbed, may render futile judicially declared right and innocence, by (a) Spences Bower (b) Lord Denning (©) Salmond (@) Black Stone. Res-judicata applies . (a) when the matter in former suit is directly & substantially in issue (©) when the matter in former 5 collaterally & incidentally in issue ()_ both (a) & (b) (4) neither (a) nor (b) Res-judicata applies (a) ‘ten the matter is directly & substantially in issue in two suits and should have decided on merits faleMeNL in the () em causa x64%. A deci The Code of Civil Procedure, 1908 (b) when the prior suit is betw, parties or persons claimin fo. when the court which tte carlier suit is competent subsequent suit wherein the 422, eis subsequently raised (a) when all (a), (b) & (c) combine, 1, Plea of res-judicata {a)_ has to be specifically raised (b) need not be specifically raised {6)_ is for the court to see of its own (d) neither (a) nor (b) but only (c). 42, Constructive res-judicata is contained in (a) explanation Ill to section 11 (b) explanation IV to section 11 (c) explanation VI to section 11 (a) explanation VII to section 11, 43. Principle of res-judicata applies (a) to suits only (b) to execution proceedings (0) toarbitration proceedings (d) to suits as well as execution proceedings. 44, A decision on issue of law (a) shall always operate as res judicata (b) shall never operate as res-judicata (c). may or may not operate as res-judicata (d) either (a) or (b). 45, A decision on an issue of law operates as res- judicata (a) if the cause of action in the subsequent suit is the same as in the former suit, only when the decision on the point of law is correct (b) erroneous : (© if the cause of action in the suit is different from that in of law is correct (d) all the above. as parties to the suit by virtue of explanation (a). Tl to section 11 of CPC (b) IV to section 11 of CPC (©) Vito section 11 of CPC (a) VIII to section 11 of CPC: {%. Res-judicata does not operate (a) between co-defendants (b) between co-plaintifis feen the same and litigating under the sane qaice™ them determined the if the cause of action in the subsequent suit is the same as in the former suit, even though the decision on the point of law is subsequent the former suit, even though the decision on the point i res- yn in a suit may operate a5 7 judicata against persons not expressly name’ 48, 49, 50. 51. 52. 54. 55. (©) against a per-forma defendant (4) none of the above, In which of the following cases res-judicata is not applicable (a) consent/compromise decrees (©) dismissal in default (©) both (a) & (b) (d) neither (a) nor (b). Principle of res-judicata is (a) mandatory (b) directory (©) discretionary (@) all the above, With respect to the principle of res-judicata which of the following is not correct (a) ex-parte decree will operate as res-judicata (b)_ writ petition dismissed on merits operates as res-judicata (c)_ writ petition dismissed in limine operates P P rae )_ both (a) & (c) In a suit, where the doctrine of res-judicata applies, the suit is liable to be (a) stayed (b) dismissed (©) may be stayed & may be dismissed (a) both (a) & (). A decision or finding given by a court or a tribunal without jurisdiction (@) can operate as res-judicata under all P i circumstances (b) cannot operate as res-judicata (©) can operate as res-judicata under certain circumstances only (a) may operate as res-judicata or may not- operate as res-juicata. pe i On production of a certified copy of the foreign judgment, the presumption as to the competency of the court, under section 14 of CPCisa fa) presumption of fact (a) presumpt (b)_ presumption of fact & law both (c) rebuttable presumption of law & irrebuttable presumption of law. Validity of a foreign judgment can be challenged under section 13 of CPC (a) ina civil court only (b) ina criminal court only {@). inboth civil and criminal court {G) neither in civil nor in criminal court Under section 13 of CPC, a foreign judgment {an be challenged on the grounds of fetency of the court pronouncing the (a) comps 8 judgment588 56. 57, 61. 62. Julieta Services (b) being obtained by fraud ) sumtcining a claim founded of a breach of law in force in India (d) all the above. How many grounds of attack the foreign judgment have been provided under section ‘13 of CPC (a) seven (b) six (c) five (4) four. On the ground of jurisdiction, under section 13 of CPC () only a judgment in personam can be challenged (6) only a judgment in rem can be challenged (©) both judgment in personam and judgment in rem, can be challenged (4) neither a judgment” in personam not judgment in rem can be challenged. A person who institutes a suit i foreign Gpurt and claims a decree in personam, after the judgment is pronounced against him (@) ‘can always challenge the judgment on the ground of competency (©) can never challenge the judgment on the ground of competency (©) can challenge the judgment on the ground of competency "under Certain circumstances (4) either (a) or (0, Under section 15 of CPC, every suit shall be instituted in @) the district court (b) the court of the lowest grade (©) the court of higher grade (d) all the above. Section 15 of CPC lays down (@) a rule of procedure (b) a rule of jurisdiction (c)_ a rule of evidence (d) all the above. Under section 16 of CPC, a suit relating to immoveable property can be filed in a court within whose local jurisdiction (a) the property is situate (b) the defendant voluntarily resides or personally works for gain (© the defendant voluntarily resides or carries on business (d) either (a) or (b) or (c). Suit in respect of immoveable Property, be where the entire relief sought ‘car 63. 64, 65. 66. 67. nieve Uesu he taata iy, the defendant can be tnatany als witht whieise Iueal jurioeltetian hy (a) the sayy Beata (b) the defisnedant vedtnitantly, cabrles Hit HHiel iis, (e) the “delenit “veluttanly pay, Dersuitally wrk foe pat ” (a) all the above. Hace of institution uF ait in inumuveable property, sitiatnd. yh juriadietion of different aunty, provided (0) tnidler section I ut Ct (b) under section of ope (c) under seetion 19 uf CHE (i) under section 20 of CMe Section 18 of CPC provides fuy (a) place of institution af suit any yu Imnveable property whew th muh is sittiate in the juriadicton uf ne Cte (0) place «of institition of sit in wou Immoveable property velre the ph is situate iv the jurisdictions at Milken court (©) place of institution uf suit in reper of immoveable bropetiy were we leh Himits of jurisdiction of conte an uncertain (d) all the above, Place of suing In respect of suite tw compensation fur wrongs to jeri an moveable property has been dealt with (4) “under section 18 of CLC (0) under section 19 of CPc (6) under section 20 of CPC (4) under section 21 of CPC f Stil for compensation for wing done to IRE Peron oF to moveable propesty, whisie the wrong was done within the Inal jurisdiction of one court and the defendant resides within the lucal limits of an other court (@) can be instituted in the court within whine local jurisdiction the wrong haw len committed (6) can be in: local jurisal (©) either (a) plaintitt (4) anywhere in india, X residing in Dethi, publishes stateasen defamatory to “Y’ jn Caleutta. “Y” can ait at ‘ey AN yp WMH iy 146 lvuy eet of ted! in the court withl shins the defendant ese ar (b) at the option ofThe Code of Civil Procedure, 1908 (@) Delhi (b) Calcutta {anywhere in India (a) either in Delhi or in Calcutta _ suits under section 20 of CPi e 1 iMatituled where the cause of action aries (@) wholly (b) partly (0) either wholly or in part (d) only (a) and ‘not (b) or (c). 69. In cases where there are more than one defendant, a suit can be instituted in a court within whose local jurisdiction (a) each of the defendant at the time of commencement of the suit, actually & voluntarily resides or carries on business or personally works for gain (&) any of the defendant, at the time of the commencement of the suit, actually é& voluntarily resides, or carries on business, or personally works for gain and the defendant(s) not so residing etc. acquiesce (©) both (a) & (b) are correct (d) only (a) & not (b). 70. A suit for damages for breach of contract can be filed, at a place (a) where the contract was made (b) where the contract was to be performed or breach occurred (©) anywhere in India (d) both (a) and (b). 71. A suit relating to partnership may be instituted at a place (a) where the partnership was constituted (b) where the partnership business was carried on (©) where partnership maintained (d) all the above. 72. A suit relating to partnership dissolved in a foreign country can be filed at a place (a) in foreign country A (b) where the parties to the suit reside in India (©) both (a) & (b) (d) all over India. 73, Objection as to the place of suiting @) ‘can only be taken before the court of first instance at the earliest _ possible opportunit (b) can be ale before the appellate court for the first time - (6) can be taken before the court of revision for the first time accounts are 589 (4) all the above. 7A. Section 21 of CPC cures (@) want of subject-matter jurisdiction (b)_ want of pecuniary jurisdiction (6) want of territorial jurisdiction (@) both (b) and (0) 75. A suit to set aside a decree on the ground of lack of territorial jurisdiction is barred (@) under section 21 of CPC (b) under section 214 of CPC (©) under section 22 of CPC (d)_under section 23 of CPC. 76. Parties by their consent/agreement (@) can confer jurisdiction on a court, where there is none in law (©) can oust the jurisdiction of the court where there is one in law (©) can oust the jurisdiction of one of the courts when there are two courts simultaneously having jurisdiction in law (4) all the above. 77. Section 20 of CPC does not apply to (@) arbitration proceedings (b) civil proceedings (c)_ both (a) & (b) (4) neither (a) nor (b). 78. Agreement between the parties to institute the suit relating to disputes in a particular court (a) does not oust the jurisdiction of other courts (b) may operate as estoppel between the parties (6). both (a) & (b) (d) neither (a) nor (b). 79. In cases of the commercial contracts between parties of two - different countries, the jurisdiction of the court shall be governed by Aa) lex loci contractors (b) lex loci solutions (6). kes situs (d) tule of freedom of choice ix the parties. 80. A corporation, under section 20 of CPC, is deemed to carry on business at {a) its principal office in India (b) its subordinate office in India (©), both (a) & (b) (a) either (a) or (b). 81. In case of a cause of action arising at a place where a corporation has a subordinate office, the corporation is deemed to carry on business intention of590 (a) its principal office in India (b) its subordinate office where the ca action did arise (©). both (a) & (b) (al) cither (a) oF (b). 82, In every plaint, under section 26 of CPC, facts should be proved by (a) oral evidence (b) affidavit (©) document (d) oral evidence as well as document. 83. According to section 27 of CPC summons to the defendant to be served on such date not of beyond (a) 30 days from the date of institution of (b) 60 days from the date of institution of Ot acne @) 30 dys from the date of institution of suit 84, The court may impose a fine for default upon @ person required to give evidence or to produce documents directed under section 30(b) of CPC, and such fine as per section 32(0) not to exceed (a) Rs.500 (&) Rs. 1,000 (©) Rs. 5,000 (€) Rs, 10,000. 85. Under section 39(4) of CPC, the court passing the decree is (@) authorised to execute such decree against any person outside local limits of its jurisdiction (b) authorised to execute such decree against any property outside the local limits of its jurisdiction (©) either (a) or (b) (4) neither (a) or (b). 86. A private transfer or delivery of the prope: attached under section 64(2) shall not be void (a) made in persuance of any contract for such transfer or delivery entered into and a) aeistere before the tachment made in persuance of any contract such transfer or delivery entered imi and registered after the attachment (©) made in persuance of any contract for guch transfer or delivery’ entered into fore the attachment but regi the attachment ae (4) either (a) or () or (¢) Judicial Services 87, The court under section 89(1) of CPC a, " feferthe dispute for {a) arbitration or conciliation (b) conciliation or mediation (c)_ mediation or Lok Adalat (d) arbitration or conciliation or Lok Adalat o, mediation, 88. The court can award compensation againg plaintiff under section 95 of CPC, not exceeding (@) Rs. 10,000 or the limits of its pecuniary jurisdiction whichever is less (b) Rs. 10,000 or the limits of its pecuniary jurisdiction whichever is more (©) Rs. 50,000 and this amount not to exceed the limits of its pecuniary jurisdiction (@) Rs. 50,000 and this amount to exceed the limits of its pecuniary jurisdiction * whichever is more. 89, Under section 100A. of the CPC, where any appeal from an original or appellate decree or order is heard and decided by a single judge of a High Court (a) no further appeal shall lie from the judgment and decree of such single judge (&) further appeal shall lie under the Letiers Patent for the High Court (©) further appeal shall lie with the leave of the Supreme Court (4) further appeal shall lie before the Division Bench of the High Court. 90. Second appeal shall not lie from any decree, as provided under section 102 of CPC when the subject matter of the original suit is for recovery of money not exceeding (@) Rs. 10,000 (©) Rs. 25,000 (©) Rs. 50,000 (a) Rs. 1,00,000. 91. A revision under section 115 shall not operate tht Slay of suit or other proceeding before ¢ court except where such suit or other Proceeding is stayed by (@) the High Court (b) the Supreme Court (2) the Appellate Court ci ©) = and Sessions Court. : 18 of CP latBe the time under section a for doing any act prescribed oF Ted under the Code of Civil Procedure, Rot exceeding in total ) 90 days ©) 60 days (©) 45 days () 30 days,ee ‘The Code of Civil Procedure, 1908 om inder Order 1V, Rule 1, su os 9 Oita nitated whoa, nee of CPC, (a) 4 plaint is presented to the court {b) a plaint in duplicate ts presented to the court (o) plaint in triplicate is presented to the court (@) either (a) oF (b) or (c, 94, Adefendant under Order V, Rule 1(1) of CPC ig required to appear, answer the claim fie writen statement mand 0 (a) within 60 days from the date of service of summons (b) within 45 days from the date of service of summons (c) within 30 days from the date of service of summons (a) within 90 days from the date of service of summons. 95, In case of failure of filing the written statement within thirty days, the defendant can be allowed to file the same on such other day specified by the court for reasons recorded in writing (a) within 90 days from the date of service of summons (b) within 120 days from the date of service of summons (©) within 60 days from the date of service summons (@) within 45 days from the date of service summons. %. Summons to the defendant under Order V, Rule 91) of CPC, can be delivered for the purposes of serving the same on the defendant, to a courier services as (@) approved by the defendant (b) approved by the court (6) approved by the plaintiff (@) either (a) oF (b) oF (0) %. Under section 32 of CPC, to compel the attendance of a person to whom a summon has been issued under section 30 of CPC, the court is empowered to it issue a warrant for his ci attach and sell his proper! (©). impose a fine not exceeding Rs. 5,000 (a) either (a) or (b) of (0). %8. Under Order VI, Rule 17 Proceedings the court can a! amend pleadings to (a). either party ©) to plaintiff only (2) todefendant only at any stage of flow to alter or (4) to only one defendant if th than one defendant 99. The expenses for the service of summons to the defendant have to be borne, under Order V, Rule 4(3) of CPC, by (a) the plaintiff (b) the court (6) the defendant (d) partly by the plaintiff and partly by the defendant, 100. The court can reject the plaint under Order VII, Rule 1c) of CPG, if it is not filed in (a) triplicate (b) duplicate (6) quadruplicate (4) only (@) and not (a) or (b) 101. Ifa document, which ought to be produced in the coust alongwith the pleadings, is not produced, under Order Vil, Rule 14) of CPC, at the hearing of the suit (@) the same shall not be received in evidence (on behalf of the plaintiff (©) the same shall not be received in evidence ‘on behalf of the defendant (©) the same shall not be received in evidence (on behalf of either party (4) the same shall not be received in evidence ‘on behalf of a third party. 102. Order VIII, Rule 1 mandates that the defendant shall file the writien statement of his defence within (a) 90 days from the date of service of summons (b) 60 days from the date of service of summons (c) 30 days from the date of service of summons (a) 10 days from the date of service of summons. 4103. The provisions of Order VIII, Rule 1 of CPC are {a) directory being procedural (b) mandatory though procedural {¢)_ optional under all circumstances (a) discretionary under all circumstances. 404. The time schedule contained in Order VIN, Rule 1 of CPC is to be {@) followed as a rule and departure therefrom shall also be a rule (&) followed a a rule and departure therefrom would be an exception followed as a rule and there is no scope for any departure therefrom[2 iets. 592 Judicial Services () followed as an absolute rule as it imposes an embargo on the power of the court to extend the time, 105. A prayer for extension of time beyond the Period of 90 days prescribed under Order VII, Rule 1 of CPC for filing the written statement is to be (a) granted just as a matter of routine (b) granted ordinarily : (©) granted on sufficient cause being shown by the defendant : (4) granted only for __ exceptional Circumstances occasioned by reasons beyond the control of the defendant. 106.A prayer for extension of time beyond the Period of 90 days for filing the written statement (a) canbe oral (b) has to be in writing (c) can be either oral or in writing (4) Neither (a) nor (b), as the time cannot be extended beyond 90 days. 107. For the purpose of section 39 of CPC the court is of competent jurisdiction, if at the time of making the application for transfer of decree tha getch court would have jurisdiction to try the suit (@) in which such decree was passed (0) to which such dectee has been transferred from other court (c) such decree was pending (4) none of the above, 108.The rule of rateable distribution of the Proceeds of execution sale amongst decree holders is contained in (a) section 73 of CPC (©) section 74 of CPC (6) section 75 of CPC (d) section 76 of CPC. 109. Supreme Court in case of Union of India v. Somasundaram Mills (P) Ltd. held that unde Section 73 of CPC, the debts due to the State (2) ‘stand on equal footing with all other debts (©) are to be paid only after payment of ail other debts (c) are entitled to priority over all other debts (d) either (a) or (b). 110. A plaint can be rejected (a) under Order Vil, Rule 10 of CPC (b) under Order Vil, Rule 104 of CPC (©) under Order VII, Rule 11 of CPC (d) all the above, 111. The power under Order VII, Rule 11 of CPC can be exercised (a) before registering the plaint after issuance of summon to the ee any stage before the Concha ean (d) either (a) or (b) or (6) tia) 112 For an application under Order Vi, Ray (@) the averments in the plaint are gem and the plea taken by the deeng,fe™ae written statement are wholly meng () the averments in the plant are a and the pleas taken by the delet the written statement are algy te considered (© the averments in the plaint ate gen U heee pleas taken by the defesiar it the written statement may alg be considered (d) either (b) or (c). 113. Under Order VII, Rule 11 of CPC (a) part only ofthe plaint can be rejected (b) whole of the plaint is tobe rejected (©) part only of the plaint or the whole paint can be rejected (@) itis the discretion of the court to reject he plaint in part. 114. In case the suit has been instituted in a cout having no jurisdiction, territorial Pecuniary, the plaint is liable to be (a) returned () rejected (9 may be returned or may be rejected (€) only () & not (a). 115. On rejection of a suit under Order VII, Rule 11 of CPC, a fresh suit on the same cause of action under Order VII, Rule 13 of CPC (2) is barred under all circumstances (>) is not barred at all (©) can be filed with the leave of the court (4) either () or (c) 116. Several persons can be joined as plaintiffs, in cases (@) where right arises out of the same act, in favour of such person (©) where any common question of law is involved (©). both (a) & () (4) either (a) oF (b), 117, Several persons can be joined as defendants in cases (@) where right arises out of the same act against such persons : (b) where any common question of law is fo moles (c) oth (a) & (@) either orb.The Cate of Civil Procedure, 1908 {ariousness in a suit results due to 1h Manner of parties der of cause of ation ae Oe i Shane of ction (a) Sher miginder of partes or misjinder ‘tonwe of action. lic Dealeiera appoint pene 4 ren gern at whine fc) bth (a) &e 1) neither (a) nor (bp 122.0n account of mis-joinder or non-joinder of patties, under Order I, Rule 9 of CPC, the suit is fa) liable to be desmisted (b) cannot be dismissed fe) may be dismissed or may not be dismined as per the discretion of the court 4) ether {a} or b) 121.Objection as to the nonsjeinder or mis: joinder of parties under Order 1, Rule 13 of crc (can be taken at any stage of the proceedings ©) can he taken at the earliest posible eppertanity &) can be taken in appeal of revision for the first time (8) either (a) oF Mp 0F (e) RDA suit ie bad for non-joinder of a necessary Panty, as provided {a} under Order I, Rule 10 of CPC () under Order 1, Rule 9 of CPC (9 under Order 1, Rule 10A of CPC (} under Order 1, Rule 11 of CPC TSA suit in representative capacity can be filed by virtue off (8) under Order I, Rule 8 of CPC 4) under Order 1 Rule 9 of CPC ‘) under Order, Rule 8A of CPC wi Gnder Order |, Rule 104 of CPC. A suit filed in representative capacity can be withdrawn, compromise & abandoned etc. by ‘the plaintiff fay ssithout notice to all the persons interested } after notice to all the persons interested {i Beth fa) a) : na ler ta ot, perwn can be made a patty in the suit ‘ther as a plaintiff or a defendant ws fa) under Onder 1 Kale BA of COE {) under Order & Rae 19 of CPC fe) under Order X, Rule tof CPC 1) sander Onder Male BAPE 126, The word ‘acts! in Order 1, Rutes 7 eS me by (a). fs camfined only in respect of acts deme Py the powerokattomey holder in exerc power granted by the instrument and Seoul not incude depaning 1” place and in stead of the principal oy Rota rngct of ate re the puwer-otattorney holder in Clercae of the, wer granted by the instrument and includes deposing, 4 place and instead of the principal fc) isnot confined only in respect of acts done by the powerofattormey holder in mercise of the power granted by the ment but includes appearance 8 a ws on behalf of the party in ths capacity of that part (4) ts confined only to deposing, in place and in stead of the principal 127. A necessary party is one in whose (a), absence no order can be made effectively {b) absence an order can be made but whose Presence is necessary for the complete decision of the case fe) both (a) & to) {d) absence an order can be made and whose Presence is not necessary for the complete decision of the case 128. 1n a suit, the list of witnesses has to be filed by the patties (a) before settlement of issues (b) after setieme fc) atany time ) all the above 129. When the plaintiff fails to pay the courtefee or postal chatges fot service of summony on the defendant(s) or fails to pre ; the plaint the suit is able to be OP'S Of (a) rejected undet Order VIL Rule {b) dismissed for Order 1%, Rule 2 of Che (e) either (ab or (4) only tb) and mot (a) 130, Court can direct the parties to o mode of alternative dispute re fa) Order X, Rule 1A of CPC fb) Order X, Rule 1B of CPC fe) Order Xi, Rule at CPC (d) Onder X1, Rule 2 of CPC tof issues Hof cee hon-prosecution under Pt for any one ‘solution undersud M.Consequeat to failure of conciliation the bad Sort nae of the conciliation forum an refer the matter again to court under (8) Onler X, Rule Hof CPC (b) Order X? Rite ICOECPC (o) Order N) Ruled of CDC (Onder X; Rated oF CPC 192, Where an application for leave to deliver interrogatorien has been moved alongwith tho interrugatories proposed to be delivered that application ghall be decided as provided tuner Onder XI, Rule 2 of CPC within ()" 18 days from the date of submission of application (6) 10 days ftom the date of submission of application (0) 7 days from the date of submission of application (4) “no tine prescribed for the purpose. 199. List of witness, after settlement of issues, ‘must be filed within (a) 18 days (©) 30 days. (2) 48days (A) 60 days. 194. Where a witness falls to appear before the Oates Without any reasonable ground, under Order XVI, Rule 12 of CPC, stich a witnoes can be penalised to the extent of (a) Rs. 100 (b) Rs. 200 (©) Rs.500 (4) Rs. 1000, 185. If plaintiff fails to sue for the whole of the claim which he is entitled to make in respect preaiatse Of action in the frst suit then te is (a) Order It, Rule (b) Order Il, Rule 3 of CPC (2) Order Ul, Rute 4 of CPC (4) Order 1, Rule 5 of CPC. 136. Order Il Rule 2 of CPC does not a (2) application for execution t *PPIY to (b) writ petitions (©) both (a) & (b (d) neither (a) nor (b, 197, Name of a party in a suit can be st (2) under Order I, Rule 10 of Cpe {b) under Order 1, Rule 10A of CPC (c) under Order I Rule 8 of che (4) under Order 1, Rule BA of CPC, 138. Pleadings must state (a) facts Judicial Services (b) law (©) evidence (d) all the above, 199. Pleadings must be signed (a). by the party (b) by the pleader (6) by the party & his pleader (d) only by the pleadet & nor by pany, 140. Which of the following legat be pleaded 8 NBA Pleas need yy (@) estoppel (b) limitation (©) res-judicata (d)_none of the above, 141. Which of the following must be sateg inthe pleadings (a) facta probantia (©) facta probanda (©) both (a) & &) (4) neither (a) nor (b) 142, Under Order VI, Rule 15 of crc leading must be verified by (a) all the parties (b) any one of the parties (©) all the parties if there are more than onecr any one of the parties (d) only (a) & not (b), 143.In suits by or against a corporation, under Order XXIX, Rule 1 of CPC, pleadings must be signed and verified by (a) the secretary (&) any director (9) other principal officer able to depose (4) either (a) or () or (0) ‘44.Fumishing of further particulars has been Provided 2) under Order V1, Rule 4 of CPC (0) under Order VI, Rule 5 of CPC (©) under Order VI, Rule 6 of CPC (4) under Order VI, Rule 7 of CPC M45.Under Order VI, Rule 16 of CPC, the pleadings can be ordered to be struck out (@) if ate unnecessary, scandalous, frivolous oF vexatious ie (©) if tend to prejudice, embarras or delay fair trial (¢)_ if is an abuse of the process of the court (d) all the above, 146. Pleading means (@) plaint only ©) plaint and written statement (©) written statement only iio (4) plaint, written statement & replicareading has been defined Hea jer Order VI, Rule 1 of CPC (der Order VI, Rule 2 of CPC (der Order VIil, Rule 1 of CPC & under Order VII, Rule 2 of CPC. ‘pleading’ can be altered or amended ede Order VI, Rule 17 of CPC (f) under Order VI, Rule 16 of CPC (under Order VI, Rule 9 of CPC (G) under Order VI, Rule 10 of CPC. jeading’ can be amended {G) before settlement of issues {h) before conclusion of plaintiff evidence if plaintiff wants to amend the plaint (0) written statement (a) atany stage of the proceedings. \.Which of the following amendments can be allowed under Order VI, Rule 17 of CPC {a) amendment for granting relief on the basis of different approaches to the same facts (e) amendment taking ‘note of subsequent 1. events (@ amendment for correcting the misdescription of property (@) all the above. 151.The provisions of amended Order V1, Rule 17 of CPC do not apply (@) to the pleadings which were filed before the commencement of the Amendment ‘Acts of 1999 and 2002 (®) to the pleadings which have been filed afier the commencement of the Amendment Acts of 1999 and 2002 © to the pleadings which were filed/ completed either before or after the commencement of the Amendment Acts of 1999 and 2002 @) either ) or (6). 'S. Pleading can be amended {®) before the trial court (©) before the first appellate court (9 before the second appellate court (@) all the above, ‘Amendment in pleading shall be effective ©) trom the date of the pleading from the date of the application (from the date of the order ) either (b) or (c). ile considering whether an amendment is Pe sranted or not Court does not go into the merits of the matter and decides whether or not the claim made therein is bona fide or not The Code of Civil Procedure, 1908 595 (©) the court goes into the merits of the matter and decides...... “ (©) the court may not go ato the mess of . 4 tee wc enmaein matter and decide... - 155, On the ground that an amendment may the suit out of the jurisdiction of that court @) isa ground for refusing that amendment (&) may be a ground for refusing that amendment (© is no ground for refusing that amendment (€) either (a) oF (). 156. For the purpose of Order XIV, Rule 4 of CPC the Court may adjoum the framing of issues toa date not later than (@) 7 days () days (©) days (2) 30 days. 4s7.Under Order XVI, Rule 1, sub-rule (@) summons may be obtained by the parties within "of presenting the list. of witnesses (a) Sdays (b) 7 days (©) 9days (@) 10 days, 158.Under Order XVI, Rule 2 of CPC, the expenses, of a witness for whom the summons have to be obtained, ‘shail ‘be deposited by ‘the party applying for the summons within (a) 5 days of making the application (©) 7 days of making the application (©) 21 days of making the application (a) 10 days of making the application, 159. The court instead of examining witnesses in open court direct their statements tek: recorded on commission by virtue of " (a) Rule 19 of Order XViIof Che (b) Rule 4 of Order XVM of CPs (@) Rule 2 of Order XVI of CPE (@) Rule 3A of Order XVI of CBC. 160.Copy of ‘the judgment shall” be available tothe parties, under Onjersy Mae 10) of CPC % Rule (@) after 7 days from the judgment (©) immediately after the judgment (© after 14 days from the judgment (€) after 21 days from the judgment Pronouncement of Pronouncement of Pronounce-ment of Pronounce-ment of _.2p 596 Judicial Services 161. Under Order XX, Rule 6A of CPC, decree is to be drawn up in any case within from the date of pronouncement of judgment (a) 10 days (b) 20days (©) 30days (d) 15 days 162.Under Order VI, Rule 17 of CPC, the amendment of the pleading may be allowed (a) as may be necessary for determining the real controversy between the parties () as to introduce an entirely new & inconsistent case (©) as to take away a right of the defendant which has accrued to him by lapse of timie (d) as to withdraw the admission made. 163. Amendment allowed under Order VI, Rule 17 of CPC must be carried on, in cases no time is fixed for carrying on the amendment, witl (a) 10 days () 14 days (©) 15 days (a) 30 days. 164.Under Order VII, Rule 14 of CPC, the documents (a) must be filed alongwith the plaint (b) can be filed at the time of framing of issues (©) can be filed at any time after the framing of issue (d) during the evidence. 165. Set-off is a (a) reciprocal agreement between the plaintiff and defendant (b) reciprocal. ascertainment of debts between the parties ()_ both (a) & (b) (d)_ neither (a) nor (b). 166. Set-off can be claimed (a) in any suit (b) ina recovery of money suit only (©). either (a) or (b) (d) neither (a) nor (b). 167. Set-off can be of (a) ascertained sum of money (b) an unascertained sum of money (c) may be ascertained or unascertained (a) only (b) & not (a) 168. Set-off can be (a) legal set-off (b) ‘equitable set-off (6) both (a) & (b) (A) either (a) or (b). may be 169. In set-off, court fee is (a) payable (b) not-payable () discretionary (a) only (b) not (a). 170. In a written statement, a defe (a) set-off (b) counter-claim (c) both set-off & counter claim (d) either (a) or (b). 171. Which of the following, is correct (a) set-off can be claimed in recovery of money (b) the amount claimed must be ascertained amount (c)_ the amount claimed to be set off must be legally recoverable & not barred by limitation (d) all the above. 172.Which of the following can exceed the pecuniary jurisdiction of the court (a) set-off (6) counter-claini, (©) both set-off & counter-claim (d) neither set-off nor counter-claim. 173. A right to set-off has been granted (a) under Order VII, Rule 6 of CPC (b) under Order VII, Rule 6A of CPC (©) under Order VIII, Rule 6B of CPC (4), under Order VII, Rule 6C of CPC. 174, Propositions are I. Set-off and counter-claim arises out of the same transaction. Il. Set-off should not be barred on the date of the suit while counter-claim should not be barred on the date of filing of written statement. II Claim for set-off cannot exceed plaintiff's claim, whereas counter-claim can exceed the plaintiff's claim. In respect of the aforesaid which is correct (@) all I, U & M1 are correct (©) 1 & Mare correct Il is incorrect (©) 1& Mare correct I is incorrect (4) 1& Mare correct I is incorrect. 175. A right to counter-claim has been provided (a) under Order VIII, Rule 6A of CPC () under Order VII, Rule 6B of CPC (©) under Order VII Rule 6C of CPC (d)_under Order VII, Rule 6D of CPC 176. If in any case in which the defendant sets UP @ counter-claim the suit of the plaintiff is ndant can claim in respect of stor, @ suit forgoved, diseontinned or dismissed, the coer Bable = be staved, discontinued or ‘80s default in Gling of written statement under Order VIM, Rule 10 of CPC, ponuncement of judgment } either (2) or (b). 18.On failuse to file the written statement, under Order VII, Rule 10 of CPC the court 2) may pronounce the judgment 2t once may onder for striking off the defence may pass any other order ) either fa) o 1b) oF (e) 180. Where the plaintiff fails to pay the court fee © postal charges for service of summons of tke suit, on the defendant, the suit can be dismissed under (st Order DC, Rule 1 of CPC i Order DC Rule 2 of CPC (© Order 1X, Rule 3 of CPC (S) Order Df, Rule 8 of CPC. IS. Where on the date fixed for hearing of a suit, Seither of the party appears, the dismissal of the suit shall be 8) under Order IX, Rule 1 of CPC () under Order IX, Rule 2 of CPC (9) under Order IX, Rule 3 of CPC ce under Order IX, Rule 8 of CPC. “ndet Order IX, Rule 2 of CPC 2 suit can be tismisned ) when om the date fixed for hearing in a Suit, neither of the parties appear ©) when on the date fixed for hearing, the defendants) appears but the plaintiff does Nt apace “wher, the plaintiff fails to pay the court fee © peetal charges for the service of Sasson of the suit to the defendant(s) 5 all thw aberve. The Cade of Civil Procedure, 1903 397 A suit can be dismissed in default Mio) under Order IX, Rule 2 of CPC (>) under Order IX, Rule 3 of CPC (©) under Order IX; Rule 8 of CPC (@) both @) & (). Rule3ofCPC applies 7G) when on the date feed for heating in a suit neither party appears : (b) ‘shen on the date Eyed for hearing in a suit only defendant appears & the plaintiff does not appear (©) when the plaintiff fails to pay the court fee or postal charges for service of summons of the suit on the defendant(s) (4) all the above. 185. Under Order IX, Rule 4 of CPC a suit can be restored if dismissed (a) “under Order Dx, Rule 2 of CPC (©) under Order IX, Rule 3 of CPC (©) under Order IX, Rule 8 of CPC (4) only under (a) & (b). 186.When a suit is dismissed under Order IX, Rule 2 or under Order IX, Rule 3 of CPC, a fresh suit under Order IX, Rule 4 of CPC, the ‘same cause of action is (a) not barred at all (b) barred under all the circumstances (6) not barred if within limitation (2) either (a) or (b). 187. Under Order IX, Rule 8 of dismissed if (a) on the date of hearing only the defendant appears and the plaintiff does not appear (©) on ‘the date of hearing neither party appears (©) court fee or postal char the plaintiff for iss the defendant (2) all the above, 188. A suit dismissed under Order 1X, CPC, can be restored cae (a) under Order IX, Rule 4 of CPC (b) under Order IX, Rule 9 of CPC (©) both under (a) and (b) (4) neither under (a) nor (b), 189.Under Order IX, Rule 8 of appearance of the plaintiff, a CPC, a suit can be 'BeS are not paid by suance of summons to CPC, for non- it appearanc suit cannot be (@) if the defendant admitted th i sie tee 'e whole claim (©) if the defendant admit: plaintiff in part, to admitted (©) both (a) and (b) (d) neither (a) nor (b), s the claim of th re the extent of aimJudicial Services 598 oe it under Order IX, Rule 8 190. After dismissal girng iar ae same cause of f CPC, a fresh sui sation under Order IX, Rule 9 of cPc a) is barred ~ : 1 ie pot barred under any circumstances (6) is not barred subject to Jaw of limitation (d) either (b) or (c). fi ; ion of the suit 91. An application for restoration o! Winder Order 1X, Rule 4 of CPC or anaes Order IX, Rule 9 of CPC, must be made, within (a) 15 days of dismissal (b) 30 days of dismissal (©) 60 days of dismissal (d) 90 days of dismissal. 192.Order IX, Rule 6 of CPC provides for rocedure when only the plaintiff appears P ly and defendant does not appear on the date of hearing in the contingency (a) when summons duly served on the defendant (©) when summons served on the defendant but not within sufficient time () when summons not duly served (d) all the above. 193, Under Order IX, Rule 6 of CPC (a) defence of the defendant can be struck of (b) defendant can be proceeded against ex- parte (©) judgment can be pronounced against the defendants (d) all the above. 194. An order under Order IX, Rule 6 of CPC can be set aside (a) under Order IX, Rule 7 of CPC (b) under Order IX, Rule 9 of CPC () under Order IX, Rule 11 of CPC (d) under Order IX, Rule 13 of CPC. 195. An application under Order IX, Rule 7 CPC can be made Premale 798 (a) within 30 days of the Order (b)_ within 60 days of the Order (c) any time during the pendency of the suit (a) ae eae time on or before the next date of 196. Where a plaintiff, who is ordered to i Person, fails to appear, under Order De Rure 12 of CPC, the suit of the plaintiff is lito” z Plaintiff is liable to (a) stayed (b) dismissed (©) either stayed or dismissed (d) neither stayed nor dismissed. = 197. Where a defendant, who has been ‘i appear in person, fails to a Orde De Rule 12 of CPC PP SAE, under gas (a) the defence of the defendantig jt struck off S Table yy, (b) the defendant is liable ¢ parte (c) either (a) or (b) (d) neither (a) nor (b). 198. An ex-parte decree can be set aside (a) under Order IX, Rule 7 of CPC (b) under Order IX, Rule 11 of Cpc ()_ under Order IX, Rule 13 of Cpc (d) under Order IX, Rule 12 of Cp¢ 199. An ex-parte decree can be set asid ground of (a) summons not duly served (©) being prevented by any sufficient aug from appearance (6)_non-appearance due to non-availability « documents with the plaint (d) both (a) & (b). 200.Remedies available decree include (a) appeal (b) review (c) application for setting aside the decree (d) all the above. 201.An application under Order IX, Rule 13 of CPC can be made within (a) 30 days of the decree (b) 60 days of the decree ()_ 90 days of the decree (d) 6 months of the decree. 202. After being proceeded against ex-parte, the defendant is (a) precluded absolutely from participating in any proceeding in the suit (b) at ‘liberty to join the proceedings at the ©) © be proceeded « © OM the against an exparte stage where the proceedings are pending at liberty to join the proceedings and do all the things which it could have done, had he not been proceeded against et parte, without getting the ex-parte order set aside (A) either (a) or (©). 203. Discovery by interrogatories & inspection has | been provided (@) under Order X of CPC (b) under Order XI of CPC (6) under Order XV of CPC (a) under Order XVI of CPC. sit 204. Interrogatories shall be answered as provide under Order XI, Rule 8 of CPCThe Code of Civil Procedure, 1908 io. (a) failure to comply with an order to answer interrogatories (©) the plaintiff can bring a fresh suit on the () failure to comply with an order for same cause of action only if the court discovery and inspection of documents dismissing the suit has granted liberty to ©) both (a) and (b) file a fresh suit (d) neither (a) nor (b). (a) the plaintiff is precluded from bringing / -20.Under Order XI, Rule 21, for the non- any fresh suit on the same cause of action, compliance with an order for discovery etc. 215. Judgment on admission can be given @) suit is liable to be dismissed if the plaintiff {a) under Order XII, Rule 8 of CPC fails to comply with the order (b) under Order XIl, Rule 6 of CPC (0) suit is liable to be stayed till the plaintiff (©) under Order XI1, Rule 4 of CPC complies with the order (d)_ under Order XII, Rule 2 of CPC. (©) suits lable to be adjourned sine-die 216. For the purposes of Order XII, Rule 6 of CPC (a) either (a) or (b) or (0). admissions of fact %1.Under Order XI, Rule 21, for the non- (a) must be in pleading compliance with an order of discovery by the (b)_ may be otherwise () may be either in pleadings or otherwise (@) ona eee 212. The power of dismissal of a suit or striking Dee eases out of defence under Order XI, Rule 21 of (@) by filing the a CPC should be exercised @) all the above. (a) only where there is obstinacy or sas Affidavit in answer to interrogatories shall be contumacy or wilful attempt to disregard filed the order of the court (@) within 7 days of the order (©) where there is no obstinacy or contumacy (b) within 10 days of the order and there is no wilful attempt to disregard (¢) within 14 days of the order the order of the court (d) within 15 days of the order. (©) generally without going into the question 1s. Interzogatories can be set aside or struck off, of obstinacy or contumacy or wilful onan application under Order XI, Rule 7 of disregard CPC, made within (d) as per the discretion of the Court. @) 7 days of service of interrogatories 213.Where a party fails to produce certain (0) 10 days of service of interrogatories documents in original under Order XI, Rule ' () 14 days of service of interrogatories 14 of CPC, the Court would be entitled to | (@) 15 days of service of interrogatories. (a) dismiss the suit if failure is on the part of | 07, Objections to interrogatories under Order XI, the plaintiff : Rule 6 of CPC can be made if it is (b) strike out the defence of the defendant if {) scandalous such failure is on the part of the defendant QD) irrelevant (©) raise an adverse presumption against the | © not bonafide party guilty of non-production of | {d) all the above. documents: | 108.Grounds for setting aside interrogatories (@) either (a) or (b). | contained in Order XI, Rule 7 of CPC are 214. On dismissal of the suit for non-compliance (a). prolix with an order for discovery under Order XI, 0) oppressive Rule 21 of CPC j (©) unnecessary (a) the plaintiff can bring a fresh suit on the | @d) all the above. same cause of action as a matter of right | 09.Order XI, Rule 21 of CPC provides for (b) the plaintiff can bring a fresh suit on the penalty on account of same cause of action only with the leave of the court defendant () the suit of the plaintiff is liable to be (a) only in pleading and not otherwise. decreed. 217. Order XII, Rule 6, permits the court to pass (b) the defence of the defendant is liable to be judgment on the basis of statement made by struck-off the parties (a) in the pleadings ie ; be proceeded ) the defendant is liable to be pt (b) inany document against ex-parte (4) either (a) oF (b) oF (c).Judicial Services 600, in court {0 the statement recored in the cour {d)_ either (a) or (b) or (©): : 218. party filing affidavit jerrogatories : : sabe cross-examined upon it ® the other party can adduce evidence fo contradict it : Can neither cross-examine nor adduce any evidence to contradict it, as it is 4 conclusive proof (a) can. be cross-examined and adduce evidence to contradict it as it is a not in reply to ) proved fact. 219.Under Order XU, Rule 1 of CPC, all the documentary evidence in original by the parties, must be filed 2 {a) at or before the settlement of issues (b) after the settlement of issues (©)_ at the time of evidence (@) atany time. 220. Any documentary evidence, in possession of the party not filed under Order XIII, Rule 1 of CPC, the party is (a) excluded from filing the same at a subsequent stage of the proceeding (b) not excluded from filing the same at a subsequent stage of proceedings, but can file the same only with the leave of the court not excluded from filing the same at a subsequent stage of proceedings without any leave of the court (d) either (a) or (c). 221.Documents which are meant for cross- examining a witness of the other party or meant for refreshing the memory of the witness, may be produced (a) ator before the settlement of issues ©) after the settlement of ssues () at the time when they are requi (@) none of the above. tured eae aoe gt geese beyond doubt and is relevant to decile the ©) zeal question in controversy . if the genuineness of locum beyond doubt but is not mv to decid: , lecide a te real question in controversy (©) if the genuineness of the i disputed and is not relevant one matter in controversy eet (d) all the above 223. Original documents can Party producing it be retumed to the {@) after the suit is over (b) after the disposal of appeal, i¢ (©) after the period of limitation Pte appeal, if no appeal is preferred "8 the (a) only (&) & (c) are correct 224, During the pendency of the s producing the document uit, toa Patty (a) the original document adm evidence cannot be returned 4 in (b) the original documents admitted evidence can be returned cin the certified copies thereof" Proving (© the. original documents admiteg evidence can be returned on producing ©” ordinary copy thereof Ban (@) either (b) or (). 225. In a suit, issues are framed in respect of (a) questions of facts (b) questions of law (c)_ mixed question of fact & law (a) all the above. 226. Issues mean (a) contentions arising out of plaint only (b) contentions arising out of written statement only (©) rival contentions of the parties based on their pleadings (d)_ presumptions of fact or law or fact & law. 227. Issues are settled, in a suit (a) under Order XIII of CPC (b) under Order XIV of CPC (0) under Order II of CPC (4) under Order VII of CPC. 228. Which of the issues under Order XIV, Rule 2 of CPC can be tried as preliminary issues (a) issues of fact (®) issues of law (©) issues of fact & law (d) both (b) & (c). 229. Issues of law can be tried as preliminary issues, if it relates to (a) the jurisdiction of the court (b) a bar to the suit created by any law (©) either (a) or (b) (d)_neither (a) nor (b). 230. Issues can be altered (a) under Order XIV, Rule 2(2) of CPC (&) under Order XIV, Rule 3 of CPC (©) under Order XIV, Rule 5 of CPC (d) under Order XIV, Rule 6 of CPC. 231. Under Order XIV, Rule 5 of CPC (a) issues already framed can be amended ) issue already framed can be struck offCourt has the power to summon a ©" who is not called by any party, as a wi 2) under Order XVI Rule 18 of CPC &) ender Order XVI Rule 14 of CPC ic) under Order XVI. Rule 12 of CRC 1d) under Order XVI, Rule 10 of CPC. Adjournment can be granted =O under Order XVII Rule 3 of CRC ts) under Order XVI, Rule 2 of CPC under Order XVII. Rule 1 of CPC (@) under Order XVI, Rule 1(2) of CPC. (2) Order XVI, Rule 2 of CPC shal apply ) Order XVI Rule 3 of CPC shail apply {¢) both Order XVI, Rule 2 and Order 17, Rule 3 of CPC shail apply (a) neither Order XVII, Rule 2 of CPC nor Order 17, Rule 3 of CPC shall apply. ‘Order XVII, Rule 2 of CPC and Order XVII, Rule 3 of CPC are {2} in confiict with each other ©) i & mutually exciusive (©) Order XVI, Rule 3 of CPC is dependent on Order XVII, Rule 2 of CPC (8) Order XV, Rule 3 of CPC controls Order om ee Rue? of PC, ‘Order XVI, Rule 3 of CPC applies ‘8) when ‘the party fails to produce the ‘iecas juced the evidence wl 1) when the prkes or any of them not Present a nt {S) either plaintiff or defendant ‘$5 as directed by the court "Where a party wishes to appear as 4 witness, 4 general mile Procature, 1908 01 'S) the party shall appear as a witness after all ,, other witnesses are examined (©) the party shall appear first before any witness on his behalf has been examined the party has the discretion to appear Stther before or after examination of other directed by the court. 241A witness who has already been examined Goes Melled under Order XVIII, Rule 17 of rt) © by she party calling the witness © byteau (d) ail the above. 242 Where a judgment debtor puts any resistence or obstruction to the decree holder in exemption of a decree for possession of immovable property, the judgment debtor is liable, under section 74 of CPC, to be (2) detained in the civil prison for a term which may extend to 60 days (©) detained in the vil prison for a term which may extend to 30 days () detained im the Gvil prison for a term. which may extend to 15 days fd) detained in the civil prison for a term which may extend to7 days. 243. Any party may address oral arguments in his case and before the conclusion of oral arguments can submit written arguments and such written arguments (a) shall form part of record (b} shall not form part of the record (c}_ shall not form part of the record unless it follows affidavit {4} shall form of the record only if the court directs. 244 Ordinarily, the judgment pronounced as provided under Rule 1 of CPC, within (a) 1510 30 days of hearing (©) 310 15 days of hearing {cj} 30 to 60 days of hearing {d) 30 to 45 days of hearing. 145, Judgment & decree have been dealt in CPC e s iad Order XIX (b) under Order Xx fc) under Order XA id) under Order XXL 246.Clerical or arithmetical mistakes judgments, orders etc. can be corrected {a} under section 152 of CPC (b) under section 153 of CPC shall be Order xx,—— 602 ‘ CPC (c)_ under section ee Of CPC. For getting the cted, the 247. PO ates in judgment etc, corres application © shall be made within on ne (b) shall be aie 7 dave ) shall be made A imitati & can be made at any time & no limitation period has been prescribed. i 248, Under section 34 of IPC, the court can gran! interest ; (a) from the date of the suil decree isati (b) from the date of the decree till realisation (c)_ both (a) & (b) (d) neither (a) nor (b). 249. Provision for interest in CPC has been made (a) under section 32 (b) under section 34 (©) under section 35A (d) under section 35B. 250. Future interest ic, from the date of the decree till realisation, can be awarded, under crc (a) @12% per annum (b) @9% per annum (©) @ 6% per annum (d) depending on the prevailing bank rates. 251. Awarding future interest is (a) mandatory (>) directory (©) discretionary (d) only (a) and not (b) or (). 252. Where a decree is silent as regards future interest (a) future interest shall be deemed to have been refused and a separate suit shall lie for the same. () future interest shall be deemed to have been refused and a separate suit shall not (©) future interest shall be dee been inadvertently enue eand we application can be moved before the court, (4) future interest shall be deemed to hors been granted and it shall oie arithmetical error application. 253. Rule of Damdupat is (a) a rule relating to costs (b) a rule relating to interest (©) a rule of resjudicata (2). a rule of evidence. t till the date of be a clerical or to be corrected on 254. Pendente lite interest can (a) on the basis of the wee Watded parties tent between b) @6% () @9% (d) @ 12%. 255. Which of the following provis, for imposition of costs is adver’ Provigg (a) section 35 of CPC (b) section 35A of CPC (c)_ section 35B of CPC (d) all the above. 256. Costs can be imposed in (a) asuit (b) execution proceedings (©) a suit as well as execution proceedinss (d) only in a suit and not in ents proceedings. a 257. Costs can be imposed to (a) compensate (b) reimburse the expenses incurred (©) compensate as well as to re-imbusse the expenses incurred (d) only to reimburse the expenses incurred and not to compensate. 258. Compensatory costs can be imposed for (a) false or vexation claims or defences (b) improbable claims or defences (c) both (a) & (b) (d) neither (a) nor (b). 259. Compensatory costs are imposed (a) under section 35 of CPC (b) under section 35A of CPC (0) under section 35B of CPC (d) all the above 260.Compensatory costs under section 354 of CPC can be imposed to the extent of (a) Rs. 3,000 (b) Rs. 5,000 (©) Rs. 10,000 (4) without any limit, 261. Imposition of costs under section 35 (a) absolves a person from criminal that may arise on the principle o! jeopardy a (b) does not absolve the person from crim! liability that may arise therefom™ (6) may absolve or may not absolve criminal liabilit (d)..the court imposing cost may order F exemption from criminal liability. Costs under section 35A of CPC imposed he A of CPC | liability double 26: can be 8) ina append a) are 0 ein an appeal ane 2 rie appeal nor in a revision, funder section 454 of CPC can be sh her 83 wo roned ie Pin paint (ip aerndant (0) on eadeferddant the above a cavoing Seay has been provided 35h of CHC fh) section 398 of CPC section 36. Of CPC (i) section 35 of CPC. ys imposition of eons under section 358 of CPC is (3) mandatory (b) directory (c) either (a) or (b) {q)neither (0) nor (b). 10.Conts imposed under section 358 of CPC fa) shall be included in the costs avvarde the decree passed in the suit (b) shall not be included in the costs awarded in the decree passed in the suit (©) shall, if not paid, be executable against the pernon on whom the costs has been imposed, (d) only (b) & (©) 267. Security for payment of to be furnished (a) under Order XXA (b) under Order XXV (o) under Order XXIV (d) under Order XXII. 268, Security for payment of cost can be required to be furnished under Order XXV, from (a)_ the plaintiff (6) the defendant (6) the co-defendant (d) all the above. 26.0n failure for furnishing | securi payment of cost the suit is liable 10 Be a) stayed (b) dismissed (c). rejected (a) either (a) or (b) oF () in the the court. 270.4 salt dlomissed under Order XXV, S07 00 furnishing, of security for payment of costs (a) cannot be restored (b) can be restored by the Jf cost can be required ty for discretion of same court ‘he Code of Ciril Prardare, 1908 cari be restored only in appeal in revision if decrees are tc (dy caribe restored on 771. Provision relating, to execution contained in fa) Order XXL (by Onder XV (cy Order 1%KilE (dy Order WXXTL- 271 Money under a decree can be paid (a) in the court {b) out of the court (c) either in the court or out of the court (a) only in the court and not out of the court. 273. Application for execution of a decree is 10 be made (2). to the court which passed the decree (b) to the curt of small causes fc) to the district court (d) to the High Court. 274, An executing court fa) can modify the terms of the decree fb) can vary the term of the decree fo can modify and vary the terms of the decree (a) can neither modify nor vary the terms of the decree. 275..A decree for execution {@) cannot be transferred to another court {b) can be transferred to another court (c) may or may not be transferred {dy either (a) oF (0). 276. Transfer of a decree for execution to another court has been dealt with (a) under section 37 of CPC fb) under section 38 of CPC (c) under section 39 of CPC (d) under section 40 of CPC. a77.A decree can be transferred for execution to another court fa) if. the judgment debtor actually | & voluntarily resides or carries on business, or personally works for gain, within the focal limits of that other court (p) if the judgment debtor does not have sufficient property to satisfy the decree eyithin the local limits of the court, passing the decree and has property within the Jocal limits of that other court ifthe decree directs sale or delivery of immovable property situate outside’ the wurisdiction of the court passing the decree (4) all the above oes not require issuance of notice of the 278. Law a i Lepliation for execution of a decree, to the )SS Judicial Services judgment debtor, where the execution is applied (a) within four years of the decree (b) within two years of the decree (c)_ within three years of the decree (d)_ within five years of the decree. 279. In which of the following cases, notice of the execution application has to be issued to the judgment debtor (a)_ where the execution is applied for beyond two years after the date of the decree (&) where the execution application is made against the legal representatives of the judgment debtor even it made within two years of the decree ()_ where the execution application has been made by the assignee of the interests of the decree holder even if made within two years of the decree (d) all the above. 280. Provisions of section 39 of CPC are (a) permissive & not mandatory (b) mandatory & not permissive (c)_ mandatory & discretionary (d) none of the above. 281. Words ‘competent jurisdiction’ under section 39 of CPC refers to (a) pecuniary jurisdiction of the transferee court (b) territorial jurisdiction of the transferee court (©) pecuniary and territorial jurisdiction of the transferee court (d) subject matter jurisdiction of the transferee court. 282. Execution of a decree can (a) be stayed by the court passing the decree under all the circumstances (b) be stayed by the court passing the decree before the time allowed for appeal (©) not be stayed by the court passing the decree under any circumstances (d) either (a) or (0). 283. A decree for execution cannot be sent toa (a). foreign court (b) court outside India established by the authority of Central Government (c)_ both (a) & (b) (4) neither (a) nor (b). 284. In case of a joint decree, the execution must be applied (a) by all the decree holders (b) by more than one decree holders (©) by one decree holder (d) either by one or more holders. 285. Execution of a decree can be applie, (a) against the judgment debtrr, ahead (b)_in case of the judgment debtor being Y against the legal reprosentatiye $2 judgment debtor the (©) against the person whom the court (a) beth (a) Sine 286, Which of the following statements are coe (a) the executing court must take the decrees it stands r ) the executing court cannot go inty 4 question whether the decree hat ‘et obtained by fraud = () the executing court cannot question the legality, correctness or validity of uo decree (d) alll the above. 287. An executing court can go behind the decree where (a) the decree has been passed without jurisdiction - pecuniary, territorial or subject matter (b) the decree is a nullity having been passed against a dead person without bringing his legal representatives on the record (c)_ where the decree is ambiguous (d) all the above 288. Precept is (a) a transfer of the decree (b) an order to another competent court to attach any property of the judgment debtor (©) an execution of decree (d) alll the above. 289. Attachment of property under a precept shall remain valid for a period of (a) 90 days until extended (b) 60 days until extended (©) 30 days until extended (d) till further order. 290. Under section 47 of CPC, all questions arising between the parties to the suit, relating (0 execution, discharge or satisfaction of the decree have to be decided (a) by the executing court (b) by a separate suit (©) either (a) or (b) (d) both (a) & (b) 291. Section 47 of CPC is (a) mandatory and bars a suit (b)_ mandatory and bars a defence oF all the deers fe— LYLE LAINIE LL LEAL TN IEE eR The mandatory and bars J defence rea sult ae wall ana @) directory. section 47 of CPC applies {a)_ to the objections raised to the th partis to the suit ) to the objections raised to the @ oti arti 1 he eaxcuton by {@)_ both (a) & (bd) (a) either (a) oF (b) 99. Where a judgment debtor dies be vais dae been ally eatpfed, they pe executed against ee {@) any one of the legal representative judgment debtor in ls entirety nt (&) against all the legal representatives (©) against any member of the legal _ representatives as the decre holder wants (@) against the legal represer a, ierced by theca. ao.in execution of decree against _ legal representatives, the liability of the legal representative under section 50 of CPC {@) is limited to the extent of the property of the deceased inherited by him (b) is not limited to the extent of the property inherited but extends to his personal property (0) extends to his personal property in cases where he has not inherited anything (@) either (b) oF (©). 295. Under section 47 of CPC parties to the s means (@)_ the parties themselves (b) the representatives of the parties (© the auction purchaser in executio decree (a) all the above. 296. Modes of executic stated in a) section 48 of CPC (©) section 49 of CPC (6). section 51 of CPC (@) section 52 of CPC: 297, Omission to give notice, Rule 22 of CPC, of the exec which renders the execution (a) null & void () irregular (©) voidable (a) valid, 298. Arrest of a perso) has been provided 2 execution by suit in of under 01 ution is ‘wle of Cioll Prwcedura, 190 Ws (i tinder nection 84 af CPC 10) der sect BA of CC () under section 56 of CM Pe (U) tinder section 86 of CHC 9, ‘ cat be arent in execution of» decree a inan (b) a woman () a minor (d) all the above. 300.Sectlon 86 uf CHC prohibits, arrest & ds anion, in execution of a decree, of (a) a minor boy (b) a minor girk (©) awoman (d) alll the above. 301. Imprisonment in execution of a decree can be (a) rigorous imprisonment {b) simple imprisonment {c)_ civil imprisonment (d) either (a) oF (b) or (c) av per the discretion of the court 302,Maximum period of detention where the decree is for more than Rs, 5,000 i6 (a) six weeks (b)_ two months (©) three months (d)_ six months. 303.Maximum period of detention in civil imprisonment where the decree is for more than Rs, 2,000 but less than Rs. 5,000 is (a) six weeks (b)_ two months (c)_ three months (d)_ six months. 4304. No arrest detention in civil imprisonment can be made if the decree is for payment of fa) not exceeding Rs. 500 , ding, RS. 1,000 (b) not exceeding Rs. 1) (c)_ not exceeding Rs. 1,500 (a) not exceeding Rs. 2,000. 4308. Civil imprisonment in execution of a decree Gan be awarded if the decree is for minimum tion of a person in civil eprisonment in execution of the decree {aPrzesolves him from liability under the Gecree but can be re-arrested {by does not absolve him but the person cannot be re-arrested fe) dows not absolve him and the person can be re-arrested 306. Arrest & det606 (d) absolves him from the liability altogether and cannot be re-arrested. 307.A person arrested & detained in civil imprisonment in execution of a decree can be released i fa) on payment of the outstanding amount (b) on the ground of illness of self fo) on the ground of illness of a member of his family (ad) only (a) oF (b) not (0). 308. Property liable to attachment and sale in execution of decree is mentioned (a) under section 59 of CPC () under section 60 of CPC {e)_under section 61 of CPC id) under section 62 of CPC. 309. Which of the following properties of a judgment debtor are liable to be attached ia) personal ornaments of religious usage of a woman (b} tools of artisan & cattle & seed-grain fe) books of accounts (@) shares in a corporation & Government securities. 310. Which of the following properties cannot be attached in execution of a decree fa) penricus {b) promissory notes fc) house or other building (@) Handi. 311. In execution of a decree for the maintenance, salary of a person can be attached to the extent of {a} one fourth (b) one third fc) two third {d) one half. 312. In execution of a decree other than a decree of maintenance, salary of a person can be attached to the extent of {a) Rs. 400 plus two third of the remainder {b) Rs. 500 plus one half of the remainder fe} Rs. 1,000 plus one third of the remainder (2) Rs, 1,000 plus two third of the remainder. 313. a case of one & the same decree, the attachment of salary can continue for a total period of fa) 12 months {b) 24 months {) 36 months (4) 60 months. 314.In cases of two or more decrees attachment of salary shall commence after = Judicial Services (a) three months of the completion of months of attachment under the 2,24 decree m" ; lien b) six months of the completion of 2 e of attachment under the earlier deers (c)_ nine months of completion of 24 mong of attachment under the earlier decrop (d) twelve months of the completion of 24 months of attachment under the earlier decree. ler 315.Private alienation of property by the judgment debtor after attachment Seton 64(1) of CPC is under (a) valid (b) voidable (co) void (d) irregular. 316. Properties of a judgment debtor which are not liable to be attached have been mentioned in (a) section 60 of CPC (b) section 62 of CPC (©). section 64 of CPC (d) section 66 of CPC. 317. Subsistence allowance in respect of the person detained in civil imprisonment has to be paid by the (a) State Government (b) Central Government (©) decree holder (d) either (a) or (b) or (c). ns who are exempted from arrest under process, have been mentioned in (a) section 135 of CPC (b) section 135A of CPC (©) section 136 of CPC (d) both (a) & (b). 319. A ‘garnishee’ is (a) the judgment debtor (b) judgment debtor's debtor (©) judgment debtor's creditor (d) the banker of the judgment debtor 320. A gamishee order is an order (a) prohibiting the judgment debtor's debtor from making any payment to the judgment debtor : (b) directing the juclgment debtor's creditor! take the payment from. the judgment debtor's debtor (©) permitting the judgment debtor's debtor to make the payment to the judgment debtor (d) either (a) or (b) or (co).ge attachment of property in execution of a Asettontinues to be under attachment if the ©) Gecree is set aside or reversed. without fic order of release {o) shall be deemed to be withdrawn on °" Setting aside or reversal of the decree {o) shall be deemed to be withdrawn on reversal of the decree but not on setting aside of the decree (a) shall be deemed to be withdrawn on setting aside of the decree but not on reversal of the decree. 32. Objections to the attachment of execution can be raised {@) by parties to the suit (@) by strangers/third party (0) both (a) & () (a) only (b) & not (a). 323.A decree for specific movable executed {@) by attachment () by detention © byseizure {d) all the above. ‘24 Abatement of proceedings is governed (a). by Order XXII of CPC (b) by Order XXIII of CPC (0) by Order XXIV of CPC (@) by Order XXVI of CPC. 5325. Order XXII CPC applies to f@) suits (2 etc proce (c)_ execution dings, (@) allthe above 326. Abatement means Property in Property can be @) suspension or termination of proceedings in an action for want of proper parties (b) the process of bringing on record the legal Tepresentatives of the party on death of a party to the suit (the process of seeking permission to file a fresh suit on the same cause of action on the death of either party ps (2) all the above. “TeprecPPlication for bringing the legal wuneeentatives of a party has to be moved (@) 30 day 'yS of the death » 60 days of the death 2 90 days of the death “329, @) 15 days of the death, intiin® if case of death of one of several ‘: Plaintiffs rhe Provide °% Of the sole plaintiff has been 607 The Code of Civil Procedure, 1908 le 2 of CPC der ute a le 2 SE 8 under Order XXII, Rule 4 of crc der Order XH, Rule 6 of CPC. Pnpicgenrieny: it dies and no 329.1f the sole plaintiff in a suit dies and ne application "for bringing | the | legal representatives of the deceased p been moved (a) the Lerma i tel (0) the proceedings shall be terminated on the expiry of 90 days from the date of death of the plaintiff (©). the proceedings shall not terminate : {d) the court shall appoint an administrator of the plaintiff to continue with the suit. 330.In case a party to the suit dies and no application moved for the substitution of the legal representatives within the statutory period, under Order XXII, Rule 19 of CPC (@)_ the suit automatically abates on the expiry of the statutory period for moving. the application without any formal order of the court the suit automatically abates on the expiry of the statutory period for moving’ the application, however, there has to be a formal and specific order of the court to that effect the suit does not abate autom the expiry of the statutory period. for moving the application and a formal and specific order of the court to that effect isa must the suit is to be stayed till the is presented. 331. An application for substitutio: representatives of a defendant (a) under Order XXI1, Rule (©) under Order XXII, Rule 4 of CPC (c) under Order XXI Rule 4A of CPC (@) under Order XXIL, Rule § of CPC S82.1f a sole defendant in a suit dies and no application for bringing on record, the legal representatives of the” decea, representatives ceased defendeat (a) the proceedings shall be immediately ©) the proceedings shall be terminated on the expiry of lays from the dat the defendant” a (©). the proceedings shall not terminate (4) the court can appoint an admin the defendant’ and proceedings. shall be terminated (b) © atically on @ application n of the legal lies 3 of CPC terminated nistrator of continue the608 333, Judicial Services ossity In case of death of a defendant the necessit of substituting the legal representatives of the deceased defendant fa) cannot be dispensed with under any circumstances can be dispensed with in respect of a defendant who has failed to file the written statement can be dispensed with in respect of a defendant who having filed the written statement, does not appear and contest the suit (d) both (b) and (c). ) © 334. Substitution of the legal representatives of 335, 336. In 337, either party, in case of death, is permissible (a) when the right to sue survives (b) when the right to sue does not survive (©) when the right to sue may or may not survive (d) all the above. ‘ight to sue survives in cases of suits for (a) defamation (b) assault (©) personal injuries not causing death (d) none of the above cases where there is no legal representative of a party to the suit, who died during the pendency of suit, under Order XXII, Rule 4A of CPC (a). the proceedings shall abate (b) the proceedings shall continue (©) the court shall appoint an administrator general to represent the estate of the deceased for the purposes of the Proceedings and continue with the proceedings (a) only (a) and not (b) or (0). On the marriage of a female who is a party to the suit, under Order XXII, Rule 7 of CPC (a)_ the proceedings shall abate (b) the proceedings shall not abate (©) itis the discretion of the court to continue 9F not to continue with the proceedings (d) either @) or (0). 338. During the period of and the pronouncing of the judgment, if either party dies, under Order XXII, Rule 6 of conclusion of hearing {a)_ the proceedings shall abate ©) the proceedings shall not abate respective of whether the cause of action survives or not {ch it is the discretion of the court to order abatement or non. e : (d) ‘either fayor on ‘abatement of the suit 339. 340. 341, 342. 343, 34 = 345. 346. On abatement of uit, under Cray 9 of CPC Mer a (a) a fresh suit on the satte caiag can be brought as a mation of poy fs (b) a fresh sult on the samme onic can be brought only with wn of the court a fresh suit on the samme couse af barred a (a) either (b) or (9, Abatement of suit can be set aside (a) under Order XX, Rule 9 uf Cpe A ays Pettis, tc) (b) under Order XX11, Rule 10 of Cpe (©) under Order XX1, Rule 10 of Che (d)_ under Order XXI1, Rule M1 of Cpe An assignee of an pendency of the suit record by virtue of (a) Order XXII, Rule 10 of CPC (b) Order XXII, Rule 10A of CPC (c) Order XXII, Rule 4A of CPC (d) Order XXII, Rule 11 of CPC An application for substitution of the legal representatives of the defendant who has died, has to be moved by {a)_ the legal representatives of the defendant (b) the plaintiff (c)_ both (a) and (b) (a) either (a) or (b) An application for the substitution of the legal representatives of the plaintiff who has died, has to be moved by {a) the legal representatives of the plaintiff (b)_ the defendant (c)_ both (a) and (b) (d) either (a) or (b). interest during thy can be brought nn |. Withdrawal of suits is governed by (a) Order XXIII, Rule 1 of CPC (b) Order XXIII, Rule 3 of CPC (©) Order XXIIl, Rule 1 & Rule 3 of CPC (d) Order XXIII, Rule 3A of CPC If the plaintiff wants to withdraw the suit, then : (a) the plaintiff can withdsaw the suit again all the defendants if there are more that one the plaintiff has the liberty to withdraw b) if the suit against some of the defendo™ there are more than one hdraw (©) the plaintiff has the liberty t the suit against anyone of the defendants (d) alll the above, : Under Order XXIIL, Rule 1 of CPC: plaintiff isThe Code of Civit p (a) under an obligation to witha with entirety with respect waft’ the (having the Hberty to withers its entirety oF abandon a part ¢y Ce Stl in (0 having the Hberty to withdvag of his claim and cannot ot P (@) none of the above sindon the sit 7-8 sit filed on behalf ofa minor can y wr) withdrawn at any time as a matter of» h 1) cannot be witharun ‘he ‘ithdray Ny (2 withdrawn ‘only wth the teave of tne (@ either (@) oF (), M8.Ater withdrawal ofthe suit a plain (2) cam institute a fresh suit in reap oft, same subject matter e (0) can institute a fresh same subject matter the court (8 can dati» fees sui-in sompnet of ths same subject matter only with the lenre the High Court sieve of (@) cannot institute a fresh suit in respect of the same subject matter, unless liery given at the time of withdrawal of the gar? 38 Liberty to institute a fresh suit in respect of the same subject matter, at the time of withdrawal of the suit is given (@) asa general rule (&) where the suit suffers from same formal suit in res ect of only wih pest of the 356. Under Order XXIII, Rule 3A of CPC, defect & is likely to fail on that account set aside a compromise decree a) shall tie on the (©) where the court finds sufficient grounds {d) only (b) & (c). 530. Right to withdraw the suit, is, (a) an absolute right of the plaintiff (©) a qualified right of the plaintiff (©) fettered by certain conditions (d) either (a) or (b) or (6) (0) must be in, 354, Under Order X: ‘matter of the co (2) shall be the subject matter of the sult ) () (b) a decree has to be drawn for the (b) shall not tie on the rovedure, 1908 fy 953. Compromise under Onder XXIML, Kile 9 of cre! (a) must be in writing and slyned by the parties Writing but need not be signed by the parties (C)_ must be in writing but need not be lawful 2) ‘need not be in writing but mat be fawetul XII, Rule 3, CM ‘the subject ompromine can embrace part of the subject matter of the suit and part ouside it can embrace the subject matter outside the suit (A) both () & (c) 355. Under Order XXII, Rule 3 of CPC, on the the leave of basis of a compromise (2) a decree has to be dr awn only in rene tof ect matter that relates to the wu the subj line: part of matter ‘of the suit and part compromise so long, as it embrace the subject outside it (2 4 decree has to be drawn where the compromise does not matter of the suit at all nbrace the subject (4) no decree need to be drawn in casen of compromise of the suit, a suit to round that compromise is not lawful ground thatthe compromise is not lawful (©). shall not lie on any ground (d)_ both (b) & (c) 451.In cases of withdrawal of suit by the plai under Order XXIII, Rule 1A of CPC (@) defendants cannct be transposed as Uadatis can be transposed as plaintiffs under all circumstances ae defendants can be transposed as plaintiff if substantial question is to be deci against any of the other defendants 357.1n a representative suit, an agreement or compromise can be entered into Order XXII, Rule 3B of CPC (a) asa general rule (b)_ without the leave of the court (c)_ only with the leave of the court (2) both (a) & (b). 358, An agreement or compromise ente1 a representative suit, without the | court shall be red into, in leave of the (@) either (a) or (). a 582.Patties to the suit can compromise in a sui ) under Order XXIH, Rule 3A of cr } under Order XXIM, Rule 3 of CPC (9 under Order XXIM, Rule 1 of CPC )) under Order XXIII, Rule 4 of CPC: 359, Purposes for which the court (a) void (b) voidable (c) valid (4) either valid or voidable, ‘an issue a commission have been enumerated inJudicial Services 610 (a) section 73 of CPC (©) section 74 of CPC (©). section 75 of CPC (€) section 76 of CPC. | i 360. For issuance of commission, section 75 is (a) exhaustive (b) prohibitory (©) illustrative (d)_ none of the above. 361. Under section 75, a commission can be issued @) to-make local investigation _ (®) to hold a scientific, technical or expert investigation (c) to pecioa any ministerial act (d) all the above. 362. Provisions relating to issuance of commission are contained in (a) Order XXVI of CPC (b) Order XXXII of CPC (©) Order XXVII of CPC (4) Order XXVIII of CPC. 363. Under section 78 of CPC the commission can be issued for the examination of witness by or at the instance of (@) courts situate in any part of India to which the provision of CPC do not extend (b) courts established outside India by the authority of Central Government (©) a foreign court (d) all the above. 364. Commission to make local investigation can e issu: (a) under Order XXVI, Rule 1,CPC () under Order XXVI, Rule 6, CPC (©) under Order XXVI, Rule 9, CPC (d) under Order XXVI, Rule 10, CPC. 365. Commission to make local investigation cannot be issued for the purposes of (a) collecting evidence on a fact (b) elucidating any matter in dispute © seestining the market value of the (4) ascertaining the amount of ‘mesne profit: 366. Expenses of the commission have to be bom ry (a) the party at whose commission is issued @) the party for whose (e Sommission is issued (c)_ both parties in a suit j (8) either (a) 9¢ a tin eal share 367. Commissi investi Commission for tocal investigation can be (a) ex parte instance the benefit the 368. 359, 370. 371. 372, 373, 374, (b) in the presence of both th (©) only after hearing all the (d) only (a) & (). For instituting a suit a, ainst or against a public officer st ae ate the notice period under section 42! Spa (a) 3 months oF ePG | (b) 2 months (c) 1 month (d) 15 days Provisions of section 80 of CPC are (a) mandatory (b) directory (0) discretionary (a) none of the above. Provisions of section 80 of CPC are binding (a) the court of a Civil Judge (b) the court of District Judge () the High Court (d) all the above. A suit without service of notice under secon 80 of CPC can be instituted (a) generally, with the leave of the court (b) in cases where urgent or immediate reli is sought, with the leave of the court (©)_ in case where urgent or immediate relies sought, without the leave of the court (4) only (a) & (0). In cases of urgent or immediate relief, where leave to investigate the suit without service of notice under section 80 of CPC has been granted (a) no interim or otherwise, ex parte relief can be granted (b) interim or otherwise ex parte relief can be granted generally (©) interim or otherivise ex parte relief may be granted under certain circumstances (d) either (a) or (c) Foreign Rulers, Ambassadors & Envoys under section 86 of CPC (@) cannot be sued in Indian Courts i (©) can be sued in Indian Courts without consent of the Central Government (©) can be sued in Indian Courts only wil written consent Government (d) either (a) or (b) Interpleader suit has been defined () under section 88 of CPC (b) under section 89 of CPC (c) under section 90 of CPC (4) under section 91 of CPC. \¢ Patties Pattieseee eu The Code of Civil Procedure, 1908 sn an iaterpleader suit, the plaintiff claims eM ascretin the subject mater athens i) oteret in the subject matter of gui xcept charges or costs i@)_onterest im the subject matter of the suit bho not claims charges or cont (a) only) and mot (b) 6 (0). shin an interpleader suit, there ia) ate several “claimants claiming the Property adverse to each other (b) tSonly one claimant claiming the property againat the other panaierl (0) ate several "claimants claiming the Property under common interest of 18) ther (a) oF () or fe) 7.Provisions relating to interpleader suit are ‘contained in {a}, Order XXil of CPC {hy Order XXXIV of CPC (6). Order XXXV of Che (d) Order XXXVI of CRC 178.Suits for declaration & injunction in respect af public nuisances under section 91 of Che: can be instituted by (9) an individual without the leave of the court {b) an individual with the leave of the (6) 0 oF more persons without the the court, (8) two oF mo court court ave of Persons with the leave of the 579.Public nuisance within section 91 of CPC is {@) nuisance in law ©) nuisance in fact {© both (@) and (by (€) either (a) or (by 89.Which of the following can be done under section 94 of CPC ‘@) issuance of warrant of arrest against the defendant (©) attachment of any property {6 grant of temporary injunction {) all the above. SS1.A warrant of arrest before judgment against a defendant can be issued under Order XXXVI Rule T of CPC ‘9) if the defendant hasrabsconded or let the local fimits of the jurisdiction of the court ©) A the defendant is about to abscond or ‘save the local limits of jurisdiction of the court the meaning of if the defendant removes the property (©) Scie the local Kit of the jurodiction of the court (4) all the above. : 382. Security for appearance can be required to be fumished by the defendant fa) under Order XXXVIIL Rule 1 of CPC (b) under Order XXXVI, Rule 2 of CPC {c)_ under Order XXXVI, Rule 3 of CPC (a) under Order XXXVI, Rule 4 of CPC. 383.When the defendant fails to furnish the security demanded from him, he can be detained in prison for a maximum period of (a) two weeks (b)_ six weeks (c) six moths (d)_ two months. 384.In cases where the amount or value of the subject matter of the suit does not exceed fifty rupees, the period of detention under Order XXXVIM, Rule 4 of CPC cannot (a) exceed two weeks () exceed six weeks (6). exceed two months (2) exceed three months. Attachment before judgment can be ordered (a) under Order XXXVII, Rule T of CPC (b) under Order XXXVI, Rule 3 of CPC {e)_ under Order XXXVI, Rule 3 of CPC (d) under Order XXXVI Rule 7 of CPC. 386. Attachment before judgment can be removed under Order XXVIII Ruled of Che (a) on dismissal of the suit (b) on furnishing of securit requi y defendant ie (©) on (a) and (b) both (4) only (a) & not (b, 387. Attachment before judgment, dismissed in default (3) revives automatically on the restoration of the suit (b) does not revive automatically on the restoration of the suit aia (©) may or may not revive de facts & circumstances of th (4) neither (a) nor (b). 388. Attachment before judgment under XOAVIH Rute Sof CPC mba ia ne OFS (a) movable property (6) immovable property {c)_ both (a) and () {d) only (b) and not (a). 389, Attachment of an immovable ordered by 385. in a suit Pending on the case Property can beJudicial Serv 612 {a)_a civil court of competent jurisdiction only (b) a court of small causes only (©) both (a) and (b) fd) neither (a) nor (b). 390, Which of the following cannot be attached before judgment (a) agricultural produce (b) production of agricultural produce (©) both (a) and (b) (d) only (b) & not (a). 391. In which of the following suits attachment before judgment can be ordered {a)_ suit for possession of immovable property () suit for partition of immovable property (©) suit for determination of right or interest in immovable property (4) suit for compensation for wrong to immovable property. 392. Civil Procedure Code provides for (a) temporary injunction (©) permanent injunction (¢)_ mandatory injunction (d) all the abov. 393. Temporary injunction can be granted (a) under Order XXXIX, Rule T of CPC () under Order XXXIX, Rule 2 of CPC (Q)_ under Order XXXIX, Rule 3 of CPC {d) under Order XXXIX, Rule 4 of CPC. 394. Injunction to restrain repetition or continuance of breach is provided (a) under Order XXXIX, Rule 1 of CPC (b) under Order XXXIX, Rule 2 of CPC (©) under Order XXXIX, Rule 3 of CPC (d) under Order XXXIX, Rule 5 of CPC. 395. A temporary injunction can be granted to a party establishing (a) a prima facie case in his favour {b) balance of convenience in his favour (©) irreparable injury to him in the event of non-grant of injunction (d) all the above. 396. Temporary injunction can be granted (a) ex parte (©) only after service of notice to the other party (©) only after hearing both the parties (d) all the above. 397.Consequences of disobedience or breach of injunction have been provided (a) under Order XXXIX, Rule 2A of CPC (b) under Order'XXXIX, Rule 2 of CPC (c)_ under Order XXXIX, Rule 3 of CPC (d) under Order XXXIX, Rule 5 of CPC. 398, Under Order XXXIX, Rut of disobedience or omece 1 Bern gy by be pentilty (a) attachment of property ied (b) detention in civil imprisonanyy (c)_ either (a) or (h) oF beth re (a) only (a) & not () 399. Period of detention in civit jm under Order XXXIX, Rule 2A of c1f (a) exceed six months () exceed three months (c)_ exceed two months (d) exceed one month 400, Attachment of property attached shalt operative under Order XXXIX, Rule see CPC fora period of “ (a) three years (b) two years (c) one year (d) six months. 401.An application for grant of temporiy injunction shall be decided, in cases of yoa of ex parte temporary injunction, as provided under Order XXXIX, Rule 3A of CPC withia (a) thirty days (0) forty five days (©) sixty days (a) ninety days 402. Order XXXIX, Rule 4 of CPC provides for (@) discharge of the order of injunction (b) setting aside of the order of injunction (©) variation in the order of injunction (4) all the above. 403. Temporary injunction granted after hearing the parties, shall be operative 2) till the final disposal of the suit (b) till the settlement/framing of issues of the plait ison, oa shal (©) till the conclusion evidence (d) till the completion of pleadings 404. Appointment of receiver has been dealt with a) under Order XLIV (b) under Order XLU (c) under Order Xt (d) under Order XLV. 405. Receiver can be appointed for the purpose ° (@) protection of rights of the parties @ suit ter (b) prevention of injury to the subject ™! of the suit (c)_ both (a) and (b) (4) neither (a) nor (byThe Cade of Cing receiver is an Ocoee % intife 2 po of the defendant id) agent of the parties to the suis, receiver appointed in reop ae rate tier 0. of crc fa) has a right to deal with the ray he likes genera Property, the &) has a right to deal with te with the leave of the court ic) has a right to deal with Y itiost ee Of he count POPety 14) both (a) & (c), (5. receiver can be appointed (a) during the pendency of proceedin, (b) after the terminati of proceedings {c), both (a) and () (d) either (a) or (), 408. Appointment of a receiver (a) canbe claimed as a ma {b) is mandatory {c) is discretiona; (4) is prohibitory 410. A receiver fa) can be sued generally for acts done in his official capacity by a third party. ) cannot be sued at all for acts done in his official capacity by a third party. (0) can sue and can be sued for acts done in his official capacity by 2 third perty only with the leave of the court appointing him, (4) can sue without the leave of the court but cannot be sued without the leave of the court appointing him {M1 Which of the following is incorrect (a) property in the hands of the receiver cannot be attached without the permission of the court appointing him (b) receiver an oeschins the property in respect of which he has been appointed as receiver if the receiver fails to account for the gain & Joss and loss ensued by his conduct, the loss so occasioned can be made good by attaching and sale of receivers’ Property nyt) the above. : 2-1f anyone interferes with the possession o the receiver appointed under Order XL of CPC, contempt proceedings against such » Person can he initiated by of any Property opty ther of right fe) Procure, 196 “ (2) thee const (oj toe recsives or & pacts fo the the recover ony By eth la}c0 6, 2) icmcen sie peop (6) touts faj ad o ‘dh cx 0) dere fa) 414A receives canned be appointed (2) when ne hare is gotcg to oe cased ter any patty by suck apprintenent 0) when the pregerty is is ponsension of a pats wey bets ta) be) (8) raitber (2) rex (oj In which of the following suits, a receiver can be appointed (2) sit fur disarustion of partnership oF petition of joint temnily property Semechosace or sale of 2 memtgaged property $15, section 40 of CPC has to be 416, Notice under served on (ay o ecretary te the Goverment the Depoty Comnznissiemer President of India the Prime Marister of indi. 417. Notice under section 6 of CPC, when it relates to railways, has to be served on (a) the Secretary, Railways {} the Minister, Railways fc) the Generel Manager, Railways (d) either (2) ox (©) oF (cj. 415. A suit through ‘next friend’ can be filed by (a) 2 mien fb) 2 lunatic tc) beth (a) & 14) only (0) be nen (2). 419. ‘Next friend’ is (a) alocal tb) 2 rece’ sioner (c) 2 perm ing 2 suit on behalf of the minor (4) 2 person thon behalf of a minor 429, Guardian at liters’ (a) i sete ton behall of a fc) a local commissioner (3) all the above.