Code Of Civil Procedure Cpc Set 3 MCQs

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

Answer: section 80

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

Answer: for the ends of justice or to prevent abuse of the process of the court

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)

Answer: either (a) or (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

Answer: only with the consent of the central government

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

Answer: section 21

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

Answer: refer the same for arbitration, conciliation or mediation

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)

Answer: foreign court

Q8 | Which of the following must be stated in the pleadings–

facta probanda
facta probantia
both (a) and (b) above
neither (a) nor (b)

Answer: facta probanda

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

Answer: both (a) and (b) above

Q10 | The Doctrine of res judicata applies to–

changing circumstances
static situations
both (a) and (b) above
none of the above

Answer: static situations

Q11 | An order allowing or disallowing an application for amendment is–

appealable
a decree
an appealable order
none of the above

Answer: 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

Answer: section 96(2)

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)

Answer: the plaint will be rejected

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)

Answer: res subjudice

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

Answer: mahboob shab v. syed ismail

Q16 | Which of the following operate as res judicata–

a withdrawal of suit
an exparte decree
a compromise decree
none of the above

Answer: an exparte decree

Q17 | The provisions relating to abatement do not apply to–

appeals
execution proceedings
both (a) and (b) above
none of the above

Answer: execution proceedings

Q18 | Interrogatories shall be answered by affidavit to be filed within_____ after the serviceof it–

30 days
21 days
10 days
7 days

Answer: 10 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

Answer: interest prior to suit

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

Answer: ascertain upon what material propositions of fact or of law the parties are at variance

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

Answer: 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

Answer: at or before the date of fixed for hearing

Q23 | Which section of the Code prove enforcement of decree against legal representative–

section 51
section 52
section 56
section 58

Answer: section 52

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

Answer: section 60

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

Answer: none of the above