Code Of Civil Procedure Cpc Set 3
On This Page
This set of Code of Civil Procedure (CPC) Multiple Choice Questions & Answers (MCQs) focuses on Code Of Civil Procedure Cpc Set 3
Q1 | Under the Code the provision of notice before instituting a suit against the Governmentis given in–
- section 82
- section 80
- section 79
- section 78
Q2 | Inherent powers of the Court can be exercised under the Code–
- to help the plaintiff
- to help the defendant
- for the ends of justice or to prevent abuse of the process of the court
- to grant interim relief
Q3 | A residing in Dehradun, beats B in Delhi. B may sue A under the Code–
- delhi
- dehradun
- either (a) or (b)
- only (a) not (b)
Q4 | A person may sue a foreign State–
- only with the consent of the central government
- with the consent of the president of india
- with the consent of the state government
- both (a) and (c) above
Q5 | Objection as to place of suing shall be allowed in the Court of first instance is theessence of–
- section 22
- section 21a
- section 21
- section 20
Q6 | Where it appears to the Court that there exist element of a settlement the Court shall
- leave the matter undecided
- decide the matter itself
- refer the same for arbitration, conciliation or mediation
- none of the above
Q7 | A decree for execution cannot be sent to a–
- foreign court
- court outside india established by the authority of central government
- both (a) and (b) above
- neither (a) nor (b)
Q8 | Which of the following must be stated in the pleadings–
- facta probanda
- facta probantia
- both (a) and (b) above
- neither (a) nor (b)
Q9 | Agreement between the parties to institute the suit relating to disputes in a particularCourt–
- does not oust the jurisdiction of other courts
- may operate-as estoppels between the parties
- both (a) and (b) above
- none of the above
Q10 | The Doctrine of res judicata applies to–
- changing circumstances
- static situations
- both (a) and (b) above
- none of the above
Q11 | An order allowing or disallowing an application for amendment is–
- appealable
- a decree
- an appealable order
- none of the above
Q12 | The defendant against whom an exparte decree has been passed can prefer an appealunder
- order 9 rule 13
- order 47 rule 1
- section 96(2)
- none of the above
Q13 | Where the relief claimed by the plaintiff is undervalued and the valuation is not correctedwithin the time fixed or extended by the Court–
- the plaint may be rejected
- the plaint will be rejected
- the plaint will be returned
- either (a) or (c)
Q14 | Which of the following does not deals with final determination of contested questionsand have the binding effect in future litigation
- res subjudice
- res judicata
- stare decisis
- both (a) and (b)
Q15 | Among the following cases in which the test of res judicata between codefendants hasbeen laid down by the Supreme Court–
- sobhag singh v. jai singh
- jai narain v. kedar nath
- mahboob shab v. syed ismail
- sheodan singh v. daryao kanwar
Q16 | Which of the following operate as res judicata–
- a withdrawal of suit
- an exparte decree
- a compromise decree
- none of the above
Q17 | The provisions relating to abatement do not apply to–
- appeals
- execution proceedings
- both (a) and (b) above
- none of the above
Q18 | Interrogatories shall be answered by affidavit to be filed within_____ after the serviceof it–
- 30 days
- 21 days
- 10 days
- 7 days
Q19 | Section 34 of the Code does not deal with–
- interest from the date of decree
- interest prior to suit
- interest pendent lite
- none of the above
Q20 | At the first hearing of the suit, the Court must–
- frame and record the issues
- ascertain upon what material propositions of fact or of law the parties are at variance
- record the evidence
- none of the above
Q21 | Under order 7 Rule 11 of the Code. The plaint shall not be rejected–
- where it is not filed in duplicate
- where the suit appears from the statement in the plaint to be barred by any law
- where the plaintiff fails to comply with the provision of rule 9
- where it discloses cause of action
Q22 | Application under Order 9 Rule 7 of the Code to set aside the order of ex-parteproceeding may be filed–
- at or before the date of fixed for hearing
- within 90 days
- within 45 days
- within 30 days
Q23 | Which section of the Code prove enforcement of decree against legal representative–
- section 51
- section 52
- section 56
- section 58
Q24 | Among the following in which section property liable to attachment and sale inexecution of decree is provided–
- section 60
- section 62
- section 63
- section 65
Q25 | A judgment debtor has been arrested, may not release among the following ground–
- suffering from any serious illness
- suffering from any infectious or contagious disease
- he is not in a fit state of health to be detained in the civil prison
- none of the above