.

Which of the following deals with the time for

inspection when notice given in the Code of Civil
Procedure?
A. Order 16, Rule 12
B. Order 4, Rule 13
C. Order 6, Rule 10
D. Order 11, Rule 17
Ans. D
2. Which of the following deals with the statement and
production of evidence in the Code of Civil Procedure?
A. Order 12, Rule 5
B. Order 14, Rule 20
C. Order 18, Rule 2
D. Order 11, Rule 7
Ans. C
3. Which of the following deals with the right to
challenge non-appealable orders in appeal against
decrees in the Code of Civil Procedure?
A. Order 43, Rule 1A
B. Order 31, Rule 9
C. Order 22, Rule 18
D. Order 9, Rule 10
Ans. A
4. In order for that a decision in a former suit may
operate as res judicata, the court which may decide that
suit must have been?
I. A civil court of competent jurisdiction
II. A court of exclusive jurisdiction
III. A court of concurrent jurisdiction ‘competent to try the
subsequent suit’
IV A court of limited jurisdiction competent to try the issue raised
in the subsequent suit
A. Either I or III
B. Either II or III
C. Either III or IV
D. All of these
Ans. D
5. In transaction for transfer or delivery of the property
attached, where the contract is executed and registered
before attachment, the mischief of sub-s (1) shall not
apply. However in which of the following situation it
applies?
A. Where the property is transferred and registered after
attachment
B. Where the property is transferred before attachment but
registration takes place after the attachment
C. Both (A) and (B)
D. None of these
Ans. C
6. The court to amend a decree is the court that passed
it. Where an appeal is preferred from a decree of a court
of first instance the Appellate Court may:
A. Dismiss the appeal under O. 41, r 11(1), without issuing any
notice to the respondents
B. Confirm, reverse or vary the decree of the court of first instance
(O. 41, r 32)
C. Either (A) or (B)
D. None of these
Ans. C
7. Which of the following tests are to be applied in cases
where the plea of bar of the suit under O. 2, r 2 is raised?
A. Whether the cause of action in the previous suit and that in the
subsequent suit are identical
B. Whether the relief claimed in the subsequent suit could have
been given in the previous suit on the basis of the pleadings filed
in that suit
C. Whether the plaintiff omitted to sue for a particular relief on
the cause of action which had been disclosed in the previous suit
D. All of these
Ans. D
8. An order under O. 33, r 11 directing the pauper
plaintiff to pay the Court-fees can only be made in which
of the following cases?
I. Where the plaintiff fails in the suit
II. Where the plaintiff is dispaupered under r 9
III. Where the suit is withdrawn
IV. Where the suit is dismissed under the circumstances specified
in cl. (a) or cl. (b)
A. I, III, IV
B. II, IV
C. III, IV
D. All of these
Ans. D
9. The words ‘it appears to the Central Government’
which is the consenting authority, makes it clear that:
A. The decision granting the consent is open to question by the
court
B. The decision granting the consent is final
C. Either (A) or (B)
D. None of these
Ans. B
10. The word ‘resides’ used in s. 19 of the Code of Civil
Procedure means:
A. Natural persons
B. Companies
C. Tort
D. None of these
Ans. A
11. A sues B for a declaration of title to land and obtains a
decree. A then sues C for possession. C contends that B is
owner and that he is in possession as B’s tenant.
A. The defence is not barred
B. The defence is barred
C. Either (A) or (B)
D. None of these
Ans. B
12. A decree in a suit against certain members of a sect
alleged to be wrongdoers in their individual capacity
cannot operate as res judicata in a subsequent suit
against the other members of the sect. The wrong
complained of in the former suit was that the defendants
carried an idol in procession through certain streets and
that such processions were in violation of plaintiff’s
rights.
A. The suit was against the defendants in their individual capacity,
and not as representing the sect to which they belonged
B. The suit was not as representing the sect to which the
defendants belonged
C. Both (A) and (B)
D. None of these
Ans. C
13. A sues B to recover one of two properties left by C, on
the ground that he and not B is his heir. Thereafter, he
applies to amend his plaint for including the second
property left out in the plaint as originally field. B
opposes the application for amendment which is
disallowed by the court. A suit by A against B to recover
the second property as heir of C would be barred under
rule 2:
A. On the ground that A is to be taken to have omitted to sue for it
in the first suit
B. He made an attempt to include it in that suit which was foiled
by the opposition of B
C. Both (A) and (B)
D. None of these
Ans. C
14. Where certain properties have been ordered to be
partitioned by a decree in an earlier suit, but possession
has not yet been delivered and is not argued that the
earlier decree had become unenforceable:
A. A fresh suit can be brought for partition of those properties on
the ground that the earlier decree has not been enforced
B. A fresh suit cannot be brought for partition of those properties
on the ground that the earlier decree has not been enforced
C. Either (A) or (B)
D. None of these
Ans. B
15. X sues A and B on a promissory note executed by A, B
is A’s nephew, and he is joined as a defendant on the
ground that A and B are member of a joint Hindu family,
and that the note was for a debt binding on the family.
None of the defendant appears at the hearing and an ex
parte decree is passed against both the defendants.
The decree against A proceeds on the ground that the note was
passed by him and against B on the ground that the debt was
incurred for a family purpose. B applies for an order to set aside
the decree, alleging that the summons was not served upon him
and that the debt in respect of which the note was passed by A was
not incurred for a family purpose. It is not disputed that the
amount was actually advanced to A.
A. The decree against A must be set aside
B. The decree against B must be set aside
C. Both (A) and (B)
D. None of these
Ans. B
16. A sues B for recovery of possession of certain
immovable property. The defence is that B is the full
owner of the property. Pending the suit, B is adjudged
insolvent and his estate vests in the official assignee.
Because the order of adjudication operates:
A. As a statutory transfer of the interest of the insolvent in the
subject-matter of the suit to the official assignee
B. As a non-statutory transfer of the interest of the insolvent in
the subject-matter of the suit to the official assignee
C. Either (A) or (B)
D. None of these
Ans. A
17. Bar to further suit is dealt under which of the
following in the Code of Civil Procedure?
A. Section 11
B. Section 16
C. Section 13
D. Section 12
Ans. D
18. Which of the following deals with the transfer of
decree in the Code of Civil Procedure?
A. Section 41
B. Section 36
C. Section 39
D. Section 52
Ans. C
19. Which of the following has been repealed by s. 7 of
the Code of Civil Procedure (Amendment) Act 66 of 1956
in the Code of Civil Procedure?
I. Section 68
II. Section 69
III. Section 70
IV. Section 71
V. Section 72
A. I, III, IV
B. II, III, V
C. Ill, IV, V
D. All of them
Ans. D
20. No order under section 47 to be refused or modified
unless decision of the case is prejudicially affected under
which of the following in the Code of Civil Procedure?
A. Section 90A
B. Section 95A
C. Section 99A
D. Section 101B
Ans. C
21. Which of the following deals with matters for which
rules may provide in the Code of Civil Procedure?
A. Section 122
B. Section 103
C. Section 128
D. Section 129
Ans. C
22. Which of the following sections of the Code of Civil
Procedure has been repealed by the Repealing and
Amending Act, 1952 (48 of 1952)?
A. Section 145
B. Section 154
C. Section 148
D. Section 153
Ans. B
23. Which of the following deals with the copy of plaint
annexed to summons in the Code of Civil Procedure?
A. Order 5, Rule 2
B. Order 2, Rule 2
C. Order 6, Rule 10
D. Order 4, Rule 8
Ans. A
24. Which of the following deals with where the subject-
matter of the suit is immovable property in the Code of
Civil Procedure?
A. Order 5, Rule 30
B. Order 9, Rule 12
C. Order 7, Rule 3
D. Order 10, Rule 22
Ans. C
25. Which of the following deals with the procedure
when party fails to present written statement called for
by Court in the Code of Civil Procedure?
A. Order 5, Rule 30
B. Order 8, Rule 10
C. Order 6, Rule 10
D. Order 10, Rule 22
Ans. B
26. Which of the following deals with the order for
inspection in the Code of Civil Procedure?
A. Order 11, Rule 18
B. Order 4, Rule 13
C. Order 6, Rule 10
D. Order 13, Rule 22
Ans. A
27. Which of the following deals with power to order any
point to be proved by affidavit in the Code of Civil
Procedure?
A. Order 12, Rule 5
B. Order 14, Rule 20
C. Order 19, Rule 1
D. Order 11, Rule 7
Ans. C
28. Which of the following deals with the inquiry as to
whether applicant is an indigent person in the Code of
Civil Procedure?
A. Order 44, Rule 3
B. Order 31, Rule 9
C. Order 22, Rule 18
D. Order 9, Rule 10
Ans. A
29. Which of the following are the principal rules as to
concurrent jurisdiction?
I. Concurrent as to pecuniary limit and the subject matter
II. Competency of the former court to be determined as on the
date of the ‘former suit’ and not as on the date of the ‘subsequent
suit’
III. Competency of the trial court determination
IV. Competence of court when there is a court with preferential
jurisdiction
V. Both the suits are in revenue court, but appeals lie to different
authorities
A. I, III
B. II, IV, V
C. I, IV, V
D. All of these
Ans. D
30. In which of the following ways section 73 differs
from the corresponding section 295 of the Code of Civil
Procedure, 1882?
I. The words, ‘where assets are held by a court,’ have been
substituted for words, ‘whenever assets are realised by sale or
otherwise in execution of a degree.’
II. The words, ‘before the receipt of such assets,’ have been
substituted for the words, ‘prior to the realisation’
III. The words, ‘by which such assets are held’ are omitted after
the words ‘made application to the court’
IV. The word, ‘passed’ has been added after the word, ‘money’
V. The words, ‘interest in,’ in cl. (b) have been substituted for the
words, ‘right against’ to bring the wording of that clause into line
with the Transfer of Property Act, 1882. This is a mere verbal
alteration
A. I, III
B. II, IV
C. IV, V
D. All of these
Ans. D
31. If a right or a liability is created by a statute, which of
the following situations may arise?
A. The statue may create a specific forum for its enforcement
B. If no machinery is provided for enforcement, civil courts can
entertain the suits besides the suit of which cognizance is
expressly barred
C. Both (A) and (B)
D. None of these
Ans. C
32. Order 5, r 26 provides for summons to be served:
A. By sending it to the political agent appointed by the Central
Government in exercise of its foreign jurisdiction
B. Through a court established or continued with power to serve a
summon issued under the code
C. Through a court declared by the notification issued by the
Central Government, situated in such foreign territory to be one
service by which would be deemed to be valid, where there is no
such court
D. All of these
Ans. D
33. Which of the following are the essential
requirements of a debt?
A. An ascertainable or readily calculable amount
B. An absolute unqualified and present liability in regard to that
amount with the obligation to pay forthwith or in future within
time
C. That the obligation must have accrued and must be subsisting
and should not be that which are accruing
D. All of these
Ans. D
34. The words ‘any court exercising original jurisdiction’
under s. 96 of the Code of Civil Procedure has to be read
to mean that:
A. If the original jurisdiction has been exercised by any court, the
decree passed shall be deemed to be a decree by against the court
exercising original jurisdiction
B. If the original jurisdiction has been exercised by any court, the
decree passed shall be deemed to be void by a court exercising
original jurisdiction
C. If the original jurisdiction has been exercised by any court, the
decree passed shall be deemed to be a decree by a court exercising
original jurisdiction
D. None of these
Ans. C
35. The word ‘prescribed’ used in s. 107 of the Code of
Civil Procedure means:
A. The rules contained First Schedule
B. The rules under s. 122 and s. 125 of the Code of Civil Procedure
C. Both (A) and (B)
D. None of these
Ans. C
36. Nine Akali Sikhs sue for the removal of the mahant
of a religious institution. The suit is dismissed on the
ground that the institution is a Hindu Dera and not a
Sikh Gurudwara. Subsequently, and after the passing of
the Sikh Gurudwara Act, 1925, 64 Sikh sue for a
declaration that the institution is Sikh Gurudwara.
A. The suit is barred by res judicata as in the former suit, the
plaintiffs were a sect of religious reformers and were not litigating
on behalf of the general body of Sikhs
B. The suit is not barred by res judicata as in the former suit, the
plaintiffs were a sect of religious reformers and were litigating on
behalf of the general body of Sikhs
C. The suit is not barred by res judicata as in the former suit, the
plaintiffs were a sect of religious reformers and were not litigating
on behalf of the general body of Sikhs
D. None of these
Ans. C
37. A, alleging that he is the proprietor of a village, sues
B, C and D for ejectment. The defence is that A is not the
proprietor and that part of the village belongs to B, C
and D, and the rest to X, Y and Z. The court finds that A
is not the proprietor, and A’s suit is dismissed. A then
sues, X, Y and Z and also B, C and D for declaration that
he is the proprietor of the village and for possession.
A. The question of A’s title to the village is res judicata so as to bar
the suit against B, C and D, who were parties to the former suit,
but it is not res judicata so as to bar the suit against X, Y and Z
who were not parties to the former suit
B. It cannot be said that B, C and D litigated in the former suit in
respect of a private right claimed in common for them and X, Y
and Z. They set up only their own right to a part of the property
and as to the rest they alleged that it belonged to X, Y and Z
C. Both (A) and (B)
D. None of these
Ans. C
38. Where a promissory note is payable by installments,
and two or more installments have become due, and the
holder of the note sues only for one of the installments
and omits to sue for the other installments
A. He can afterwards sue for these installments
B. He cannot afterwards sue for these installments
C. Either (A) or (B)
D. None of these
Ans. B
39. The assignee of the holder of a life estate sued for
declaration of title and injunction, immediately after the
death of the life estate-holder. The suit for declaration of
title was decreed, but the suit for injection was
dismissed after holding that the possession was with the
defendants only. Subsequently, the assignee of the life
estate filed a suit for possession on the strength of the
title. The bar of O. 2, r 2 was raised by the defendant.
A. The bar under O. 2, r 2 is not applicable to the subsequent suit
B. In the first suit he plaintiffs could not claim the recovery of
possession as they had sought only an injunction, claiming
themselves to be in possession
C. Both (A) and (B)
D. None of these
Ans. C
40. A sued to recover a house from B and certain lands
from C. The suit was decreed ex parte against both
defendants. B applied to set aside the ex parte decree
and having settled the dispute with A applied to
withdraw his petition. C then applied to be transposed as
petitioner.
A. C should have filed his own petition to set aside the ex parte
decree
B. C is needed to file his own petition to aside as the ex parte
decree
C. Claims against the two defendants are distinct
D. Both (A) and (C)
Ans. A
41. A, B, C, D and E are jointly and severally liable for Rs.
1,000 under a decree obtained by F. A obtains a decree
for Rs. 100 against F singly and applies for execution to
the Court in which the joint decree is being executed.
A. F may treat his joint-decree as a cross-decree O. 21 r. 18
B. F cannot treat his joint-decree as a cross-decree O. 21 r. 18
C. Either (A) or (B)
D. None of these
Ans: A
42. In a case, A applies for leave to sue as a pauper. On
the day fixed for the hearing of the application. A,
alleging that he has succeeded in negotiating a loan for
the payment of the Court-fees, pays the necessary Court-
fees.
A. The application is thereupon numbered and registered as a
plaint.
B. The application for leave to sue as a pauper having been made
in good faith, and not on the day on which the Court-fees were
paid
C. Both (A) and (B)
D. None of these
Ans: C
43. Which of the following deals with the power of
Supreme Court to transfer suits, etc. in the Code of Civil
Procedure?
A. Section 18
B. Section 20
C. Section 25
D. Section 28
Ans: C
44. Which of the deals with enforcement of decree
against legal representative in the Code of Civil
Procedure?
A. Section 46
B. Section 52
C. Section 45
D. Section 49
Ans: B
45. Which of the following deals with suits against
foreign Rulers, Ambassadors and Envoys in the Code of
Civil Procedure?
A. Section 90
B. Section 86
C. Section 92
D. Section 82
Ans: B
46. Which of the following deals with appeals to Federal
Court in the Code of Civil Procedure?
A. Section 116
B. Section 111A
C. Section 108
D. Section 100
Ans: B
47. Miscellaneous proceedings are dealt under which of
the following in the Code of Civil Procedure?
A. Section 140
B. Section 103
C. Section 132
D. Section 141
Ans: D
48. Which of the following deals with conduct of suit in
the Code of Civil Procedure?
A. Order l, Rule 11
B. Order 12, Rule 2
C. Order 3, Rule 6
D. Order 14, Rule 8
Ans: A
49. Which of the following deals with simultaneous issue
of summons for service by post in addition to personal
service in the Code of Civil Procedure?
A. Order 7, Rule 14
B. Order 9, Rule 12
C. Order 6, Rule 10
D. Order 5, Rule 19A
Ans: D
50. Which of the following deals with the written
Statement in the Code of Civil Procedure?
A. Order 8, Rule 1
B. Order 4, Rule 13
C. Order 6, Rule 10
D. Order 10, Rule 22
Ans: A
51. No decree to be set aside without notice to opposite
party under which of the in the Code of Civil Procedure?
A. Order 5, Rule 30
B. Order 4, Rule 13
C. Order 6, Rule 10
D. Order 9, Rule 14
Ans: D
52. Original documents to be produced at or before the
settlement of issues under which of the following in the
Code of Civil Procedure?
A. Order 13, Rule 1
B. Order 4, Rule 13
C. Order 6, Rule 10
D. Order 9, Rule 22
Ans: A
53. Which of the following deals with officers, soldiers,
sailors or airmen cannot obtain leave may authorize any
person to sue or defend for them in the Code of Civil
Procedure?
A. Order 12, Rule 1
B. Order 28, Rule 1
C. Order 19, Rule 6
D. Order 17, Rule 10
Ans: B
54. Which of the following instances of order are
decrees?
I. An order rejecting an application for leave to sue in forma
pauperis for no suit has till then been filed
II. An order refusing leave to institute for accounts of religious
endowment
III. An order under the Indian Trusts Act, 1882 dismissing an
application for the removal of trustee
IV. An order on a settlement case under s. 104 (2) of the Bengal
Tenancy Act 3 of 1898 as the proceeding is instituted not by a
plaint but by an application
V. An order made on an application to the District Court under s.
84 (2) of the Madras Religious Endowments Act 2 of 1927
A. I, III
B. II, V
C. II, IV, V
D. All of these
Ans: D
55. Interest that may be awarded to a plaintiff in a suit
for money according to the period for which it is allowed
may be divided as:
A. Interest accrued to the institution of the suit on the principal
sum adjudged (as distinguished from the principal sum claimed)
B. Additional interest on the principal sum adjudged, from the
date of the suit to the date of decree, ‘at such rate as the court
deems reasonable’
C. Further interest on the principal sum adjudged from the date of
the decree to the date of the payment or to such earlier date as the
court thinks fit, at the rate not exceeding six percent per annum
D. All of these
Ans: D
56. Which of the following instances can be held to be
final orders?
I. An order of a High Court dismissing an appeal for the
appellant’s failure to furnish order
II. An order that an appeal had abated
III. An order in a revision reversing the dismissal of a suit and
restoring it to the file of the lower court when such an order had
the effect of reinstating a primary decree
IV. An order refusing an application under s. 45 of the Specific
Relief Act 1 of 1877
V. An order passed by a High Court in insolvency proceedings
A. II, III
B. I, IV
C. I, V, VI
D. All of these
Ans: D
57. Under s. 89 the court shall formulate the terms of
settlement and give them to the parties for their
observations and after receiving the observations of the
parties, the court may reformulate the terms of possible
settlement and the same for:
I. Arbitration
II. Conciliation
III. Judicial settlement including settlement through Lok Adalat
IV. Mediation
A. I, III
B. II, III
C. Ill, IV
D. All of these
Ans: D
58. The object of discovery is:
A. To elicit admissions
B. To obviate the necessity to produce lengthy evidence
C. To expedite disposal
D. All of these
Ans: D
59. Decree-holder is:
A. Any person in whose favour a decree has been passed
B. An order capable of execution has been made
C. Either (A) or (B)
D. None of these
Ans: C
60. The words ‘it appears to the Central Government’
which is the consenting authority in s. 86 of the Code of
Civil Procedure makes it clear that:
A. The decision granting the consent is open to question by the
court
B. The decision granting the consent is final
C. Either (A) or (B)
D. None of these
Ans: B
61. A sues B for rent; B pleads abatement of rent on the
ground that the area is less than that entered in the
lease. The court finds that the area is greater than that
shown in the lease.
A. The finding as to the excess area is not res judicata for it is only
ancillary to the direct and substantial issue whether the area is
equal to that shown in the lease; or less
B. The finding as to the excess area is res judicata for it is ancillary
to the direct and substantial issue whether the area is equal to that
shown in the lease; or less
C. The finding as to the excess area is not res judicata for it is
ancillary to the direct and substantial issue whether the area is
equal to that shown in the lease; or less
D. None of these
Ans: A
62. A agrees to sell his property to B for Rs. 2,000 to be
paid to A on the execution of the conveyance. The
purchase- money payable to A is not a ‘debt’ owing to
him by B until the conveyance is executed.
A. It can be attached before the execution of the conveyance in
execution of a decree against A
B. It cannot be attached before the execution of the conveyance in
execution of a decree against A
C. Either (A) or (B)
D. None of these
Ans: B
63. The defendant, the editor and proprietor of a
newspaper, published articles which referred to the
‘Calcutta Police”, without naming individuals. The
plaintiffs, six of the members of the Calcutta Police
force, jointly sued the editor for damages, alleging that
the articles were directed against them, and that they
constituted a libel. Here a libel was in the same words,
and in the same documents, but of different persons.
A. The plaintiffs could not all be joined in one suit
B. There cannot in such cases be said to be one or the same cause
of action
C. Both (A) and (B)
D. None of these
Ans: C
64. A sues B for specific performance of an agreement
for the sale to him of B’s land, and obtains a decree. In
execution of the decree, A is put in possession of a
portion only of the land, as it is found that the rest of the
land did not belong to B, but to B’s son.
A. A subsequent suit by A against B for recovery of a portion of the
price to the extent of the son’s share is not barred under rule 2,
the cause of action being the same
B. A subsequent suit by A against B for recovery of a portion of the
price to the extent of the son’s share is not barred under rule 2,
the cause of action being entirely distinct
C. Either (A) or (B)
D. None of these
Ans: B
65. A, a Hindu, claiming as the heir of his uncle, sues the
executors of his uncle’s widow for property left by the
widow, alleging that the same belonged to the estate of
his uncle, and that the widow had no power to dispose it
off by will. The court holds that the widow had power to
do away the property under the will.
A. A will not be allowed to amend the paint by adding that even if
the widow had the power to dispose of the property by her will
B. A was entitled to the residue as his uncle’s heir as the same was
left to charitable objects of an unspecified and general character,
and could not, therefore, be legally applied to charity
C. Both (A) and (B)
D. None of these
Ans: C
66. A applies to be appointed guardian of the person of
X, The application is opposed by B who claims that he
has been appointed guardian by the will X’s father.
Meanwhile, B dies. B’s representative is not entitled to
continue the proceedings. A’s claim based on a personal
trust does not survive the claimant’s representative. It is
different, however, where the claim is not based on a
personal trust.
A. The legal representative of the deceased is entitled to continue
the proceeding
B. The legal representative of the deceased is entitled to contend
that the applicant is not a proper person to be appointed guardian
C. Both (A) and (B)
D. None of these
Ans: C
67. On the last day of the period of limitation prescribed
for the institution of a suit, A applies for leave to sue as a
pauper. The application is heard a fortnight later. It
transpires at the hearing of the application that A was
possessed of sufficient means to enable him to pay the
Court-fees. Before an order is made under this rule
rejecting the application, A pays the necessary Court-
fees, and the application is thereupon converted into a
plaint.
A. The application not having been made in good faith, the suit
will be deemed to have been instituted on the day on which the
Court-fees were paid, and not on the day on which the application
was filed
B. The Court-fees having been paid after the expiration of the
period of limitation, the suit is time-barred
C. Both (A) and (B)
D. None of these
Ans: C
68. Which of the following deals with the institution of
suits in the Code of Civil Procedure?
A. Section 18
B. Section 20
C. Section 22
D. Section 26
Ans: D
69. Which of the following deals with the liability of
ancestral property in the Code of Civil Procedure?
A. Section 46
B. Section 50
C. Section 53
D. Section 49
Ans: C
70. Which of the following deals with style of foreign
Rulers as parties to suits in the Code of Civil Procedure?
A. Section 90
B. Section 88
C. Section 87
D. Section 82
Ans: C
71. Plea of res-judicata:
(a) has to be specifically raised
(b) need not be specifically raised
(c) is for the court to see of its own
(d) neither (a) nor (b) but only (c).
Ans. (a)
72. Constructive res-judicata is contained in:
(a) explanation III to section 11
(b) explanation IV to section 11
(c) explanation VI to section 11
(d) explanation VII to section 11.
Ans. (b)
73. Principle of res-judicata applies:
(a) to suits only
(b) to execution proceedings
(c) to arbitration proceedings
(d) to suits as well as execution proceedings.
Ans. (d)
74. 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).
Ans. (c)
75. 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) 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
erroneous
(c) if the cause of action in the subsequent suit is different from
that in the former suit, even though the decision on the point of
law is correct
(d) all the above.
Ans. (b)
76. A decision in a suit may operate as res-judicata
against persons not expressly named as parties to the
suit by virtue of explanation:
(a) II to section 11 of CPC
(b) IV to section 11 of CPC
(c) VI to section 11 of CPC
(d) VIII to section 11 of CPC.
Ans. (c)
77. Res-judicata does not operate:
(a) between co-defendants
(b) between co-plaintiffs
(c) against a per-forma defendant
(d) none of the above.
Ans. (c)
78. In which of the following cases res-judicata is not
applicable:
(a) consent/compromise decrees
(b) dismissal in default
(c) both (a) & (b)
(d) neither (a) nor (b).
Ans. (c)
79. Principle of res-judicata is:
(a) mandatory
(b) directory
(c) discretionary
(d) all the above.
Ans. (a)
80. 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 as res-judicata
(d) both (a) & (c).
Ans. (c)
81. In a suit, where the doctrine of res-judicata applies,
the suit is liable to be:
(a) stayed
(b) dismissed
(c) may be stayed & may be dismissed
(d) both (a) & (c).
Ans. (b)
82. A decision or finding given by a court or a tribunal
without jurisdiction:
(a) can operate as res-judicata under all circumstances
(b) cannot operate as res-judicata
(c) can operate as res-judicata under certain circumstances only
(d) may operate as res-judicata or may not operate as res-judicata.
Ans. (b)
83. On production of a certified copy of the foreign
judgment, the presumption as to the competency of the
court, under section 14 of CPC is a:
(a) presumption of fact
(b) presumption of fact & law both
(c) rebuttable presumption of law
(d) irrebuttable presumption of law.
Ans. (c)
84. Validity of a foreign judgment can be challenged
under section 13 of CPC:
(a) in a civil court only
(b) in a criminal court only
(c) in both civil and criminal court
(d) neither in civil nor in criminal court.
Ans. (a)
85. Under section 13 of CPC, a foreign judgment can be
challenged on the grounds of:
(a) competency of the court pronouncing the judgment
(b) being obtained by fraud
(c) sustaining a claim founded on a breach of law in force in India
(d) all the above.
Ans. (d)
86. How many grounds of attack the foreign judgment
have been provided under section 13 of CPC:
(a) seven
(b) six
(c) five
(d) four.
Ans. (b)
87. On the ground of jurisdiction, under section 13 of
CPC:
(a) only a judgment in personam can be challenged
(b) only a judgment in rem can be challenged
(c) both judgment in personam and judgment in rem, can be
challenged
(d) neither a judgment in personam nor judgment in rem can be
challenged.
Ans. (c)
88. A person who institutes a suit in foreign court and
claims a decree in personam, after the judgment is
pronounced against him:
(a) can always challenge the judgment on the ground of
competency
(b) can never challenge the judgment on the ground of
competency
(c) can challenge the judgment on the ground of competency
under certain circumstances
(d) either (a) or (c).
Ans. (b)
89. Under section 15 of CPC, every suit shall be instituted
in:
(a) the district court
(b) the court of the lowest grade
(c) the court of higher grade
(d) all the above.
Ans. (b)
90. Section 15 of CPC lays down:
(a) a rule of procedure
(b) a rule of jurisdiction
(c) a rule of evidence
(d) all the above.
Ans. (a)
91. 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
(c) the defendant voluntarily resides or carries on business
(d) either (a) or (b) or (c).
Ans. (a)
92. Suit in respect of immoveable property, where the
entire relief sought can be obtained through the
personal obedience of the defendant, can be instituted in
a court within whose local jurisdiction:
(a) the property is situate
(b) the defendant voluntarily resides or carries on business
(c) the defendant voluntarily resides or personally works for gain
(d) all the above.
Ans. (d)
93. Place of institution of suit in respect of immoveable
property, situated within the jurisdiction of different
courts, has been provided:
(a) under section 17 of CPC
(b) under section 18 of CPC
(c) under section 19 of CPC
(d) under section 20 of CPC.
Ans. (a)
94. Section 18 of CPC provides for:
(a) place of institution of suit in respect of immoveable property
where the property is situate in the jurisdiction of one court
(b) place of institution of suit in respect of immoveable property
where the property is situate in the jurisdiction of different court
(c) place of institution of suit in respect of immoveable property
where the local limits of jurisdiction of courts are uncertain
(d) all the above.
Ans. (c)
95. Place of suing in respect of suits for compensation
for wrongs to persons or moveable property has been
dealt with:
(a) under section 18 of CPC
(b) under section 19 of CPC
(c) under section 20 of CPC
(d) under section 21 of CPC.
Ans. (b)
96. A suit for compensation for wrong done to the
person or to moveable property, where the wrong was
done within the local jurisdiction of one court and the
defendant resides within the local limits of another
court:
(a) can be instituted in the court within whose local jurisdiction
the wrong has been committed
(b) can be instituted in the court within whose local jurisdiction
the defendant resides
(c) either (a) or (b) at the option of the plaintiff
(d) anywhere in India.
Ans. (c)
97. ‘X’ residing in Delhi, publishes statements
defamatory to ‘Y’ in Calcutta. ‘Y’ can sue ‘X’ at:
(a) Delhi
(b) Calcutta
(c) anywhere in India
(d) either in Delhi or in Calcutta.
Ans. (d)
98. Suits under section 20 of CPC can be instituted
where the cause of action arises:
(a) wholly
(b) partly
(c) either wholly or in part
(d) only (a) and not (b) or (c).
Ans. (c)
99. 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
(b) any of the defendant, at the time of the commencement of the
suit, actually & voluntarily resides, or carries on business, or
personally works for gain and the defendant(s) not so residing etc.
acquiesce
(c) both (a) & (b) are correct
(d) only (a) & not (b).
Ans. (c)
100. 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
(c) anywhere in India
(d) both (a) and (b).
Ans. (d)
101. 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
(c) where partnership accounts are maintained
(d) all the above.
Ans. (d)
102. A suit relating to partnership dissolved in a foreign
country can be filed at a place:
(a) in foreign country
(b) where the parties to the suit reside in India
(c) both (a) & (b)
(d) all over India.
Ans. (b)
103. Objection as to the place of suiting:
(a) can only be taken before the court of first instance at the
earliest possible opportunity
(b) can be taken before the appellate court for the first time
(c) can be taken before the court of revision for the first time
(d) all the above.
Ans. (a)
104. Section 21 of CPC cures:
(a) want of subject-matter jurisdiction
(b) want of pecuniary jurisdiction
(c) want of territorial jurisdiction
(d) both (b) and (c).
Ans. (d)
105. A suit to set aside a decree on the ground of lack of
territorial jurisdiction is barred:
(a) under section 21 of CPC
(b) under section 21A of CPC
(c) under section 22 of CPC
(d) under section 23 of CPC.
Ans. (b)
106. Parties by their consent/agreement:
(a) can confer jurisdiction on a court, where there is none in law
(b) can oust the jurisdiction of the court where there is one in law
(c) can oust the jurisdiction of one of the courts when there are
two courts simultaneously having jurisdiction in law
(d) all the above.
Ans. (c)
107. Section 20 of CPC does not apply to:
(a) arbitration proceedings
(b) civil proceedings
(c) both (a) & (b)
(d) neither (a) nor (b).
Ans. (a)
108. 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
(c) both (a) & (b)
(d) neither (a) nor (b).
Ans. (c)
109. In cases of the commercial contracts between
parties of two different countries, the jurisdiction of the
court shall be governed by:
(a) lex loci contractors
(b) lex loci solutions
(c) les situs
(d) rule of freedom of choice i.e., intention of the parties.
Ans. (d)
110. 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
(c) both (a) & (b)
(d) either (a) or (b).
Ans. (a)
111. 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:
(a) its principal office in India
(b) its subordinate office where the cause of action did arise
(c) both (a) & (b)
(d) either (a) or (b).
Ans. (c)
112. In every plaint, under section 26 of CPC, facts
should be proved by:
(a) oral evidence
(b) affidavit
(c) document
(d) oral evidence as well as document.
Ans. (b)
113. According to section 27 of CPC summons to the
defendant to be served on such date not beyond:
(a) 30 days from the date of institution of suits
(b) 60 days from the date of institution of suits
(c) 45 days from the date of institution of suits
(d) 90 days from the date of institution of suits
Ans. (a)
114. The court may impose a fine for default upon a
person required to give evidence or to produce
documents directed under section 30(b) of CPC, and
such fine as per section 32(c) not to exceed:
(a) Rs.500
(b) Rs.1,000
(c) Rs.5,000
(d) Rs.10,000.
Ans. (c)
115. Under section 39(4) of CPC, the court passing the
decree is:
(a) 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
(c) either (a) or (b)
(d) neither (a) or (b).
Ans. (d)
116. A private transfer or delivery of the property
attached under section 64(2) shall not be void if:
(a) made in pursuance of any contract for such transfer or delivery
entered into and registered before the attachment
(b) made in pursuance of any contract for such transfer or
delivery entered into and registered after the attachment
(c) made in pursuance of any contract for such transfer or delivery
entered into before the attachment but registered after the
attachment
(d) either (a) or (b) or (c).
Ans. (a)
117. The court under section 89(1) of CPC can refer the
dispute for:
(a) arbitration or conciliation
(b) conciliation or mediation
(c) mediation or Lok Adalat
(d) arbitration or conciliation or Lok Adalat or mediation.
Ans. (d)
118. The court can award compensation against plaintiff
under section 95 of CPC, not exceeding:
(a) 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
(c) Rs.50,000 and this amount not to exceed the limits of its
pecuniary jurisdiction
(d) Rs.50,000 and this amount to exceed the limits of its
pecuniary jurisdiction whichever is more.
Ans. (c)
119. 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
(b) further appeal shall lie under the Letters Patent for the High
Court
(c) further appeal shall lie with the leave of the Supreme Court
(d) further appeal shall lie before the Division Bench of the High
Court.
Ans. (a)
120. 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:
(a) Rs.10,000
(b) Rs.25,000
(c) Rs.50,000
(d) Rs.1,00,000.
Ans. (b)

Code of Civil Procedure

Questions and Answers for
Competitive Exams
1. Shares in a corporation includes:
A. Stock
B. Debenture stock
C. Debentures or bonds
D. All of these
Ans: D
2. In a suit for partition and accounts, where an
injunction is sought to restrain the defendant co-sharer
from transferring his share pendente lite, which of the
following was the legal position according to the Gujarat
High Court?
A. In law, a co-sharer may have a right to deal with his share
B. If the defendant co-sharer is allowed to transfer his share
pendente lite, multiplicity of proceedings may result, which would
necessitate substitution of the transferee
C. To avoid such a situation, the Court should issue an injunction
restraining the co-sharer defendant from transferring his share
pendente lite
D. All of these
Ans: D
3. The expression ‘within ten days’ under O. 37, r 3
means:
A. The period less than ten days
B. The tenth day
C. Either (A) and (B)
D. None of these
Ans: C
4. Andy sues Brandy to recover certain property
belonging to the estate of Candy, alleging that his father
had been adopted by Candy’s brother, Danny to whom
the property descended on Candy’s death. The suit is
dismissed on the ground that the adoption is not proved.
Andy then sues Brandy to recover the same property
claiming it as Candy’s bandhu.
A. The suit is a case of res judicata. Andy ought to have claimed
the property in the first suit in the alternative as Candy’s bandhu
B. The suit is a case of res judicata. Andy could not have claimed
the property in the first suit in the alternative as Candy’s bandhu
C. The suit is barred as res judicata. Andy ought to have claimed
the property in the first suit in the alternative as Candy’s bandhu
D. None of these
Ans: C
3. X obtains a decree against A, and attaches A’s
property in execution of the decree. Y, who holds a
decree against A and B, applies for execution of his
decree by attachment and sale of A’s proceeds of the sale
of A’s property.
A. It is important that Y’s decree is against B also and that the
decree might have been separately executed against B
B. it is immaterial that Y’s decree is against B also and that the
decree might have been separately executed against B
C. Either (A) or (B)
D. None of these
Ans: B
4. A, a shareholder in a company, sues B, C and D, the
directors, to recover damages on his own behalf for
fraudulently indicting him to purchase shares by
declaring an illegal dividend; and he joins in the same
suit a claim on behalf of himself and all other
shareholders.
A. A is not entitled to join both causes of action in one suit,
because the right to relief claimed in his personal capacity
B. A is not entitled to join both causes of action in one suit,
because the right to relief claimed by him as representing the
shareholders do not arise out of the same transaction or series of
transactions
C. Both (A) and (B)
D. None of these
Ans: C
5. A, who sued B for declaration of title and confirmation
of possession X, alleged that it was his father’s property
which he had inherited and B’s act had thrown a doubt
on his title. Subsequently, he sues B for recovery of
possession of Y, alleging that that was also his father’s
property which he had inherited and from which he was
dispossessed by B.
A. The second suit is barred
B. The second suit is not to barred
C. Either (A) or (B)
D. None of these
Ans: B
6. The right to sue for damages for breach of contract on
a promissory note, for a debt on a mortgage, for wrong
done to property, are all instances of rights that are not
extinguished on the death of the plaintiff or defendant.
A. The suit does not abate on death of the plaintiff or defendant
B. A suit for account against an agent can be proceeded against his
legal representative
C. Both (A) and (B)
D. None of these
Ans: C
7. A obtains a decree against B for Rs. 2000. It is
subsequently agreed between A and B that A should
accept Rs. 1000 in full satisfaction of the certified to the
court. A applies for execution of the full amount of the
decree not whitening receipt by him of? 1000. B objects
to the execution on the ground that the decree has been
adjusted and the payment has been made. The payment
not being certified cannot be recognized by the court
executing the decree, and the court must direct
execution to issue.
A. It will not be available to B that A had agreed to certify the
payment of the court, must direct execution to issue
B. It will not be available to B that A had agreed to certify the
payment of the court, but has omitted to do so
C. Both (A) and (B)
D. None of these
Ans: C
8. Which of the following deals with the definitions in
the Code of Civil Procedure?
A. Section 4
B. Section 2
C. Section 8
D. Section 3
Ans: B
9. Which of the following deals with penalty for default
in the Code of Civil Procedure?
A. Section 18
B. Section 32
C. Section 22
D. Section 25
Ans: B
10. Which of the following deals with the release on
ground of illness in the Code of Civil Procedure?
A. Section 59
B. Section 50
C. Section 60
D. Section 54
Ans: A
11. Which of the following deals with public nuisances
and other wrongful acts affecting the public in the Code
of Civil Procedure?
A. Section 90
B. Section 91
C. Section 92
D. Section 82
Ans: B
12. Which of the following deals with unauthorized
persons not to address Court in the Code of Civil
Procedure?
A. Section 111
B. Section 119
C. Section 108
D. Section 100
Ans: B
13. Which of the following deals with enlargement of
time in the Code of Civil Procedure?
A. Section 145
B. Section 103
C. Section 152
D. Section 148
Ans: D
14. Which of the following deals with objections as to
misjoinder in the Code of Civil Procedure?
A. Order 1, Rule 1
B. Order 2, Rule 7
C. Order 3, Rule 3
D. Order 4, Rule 8
Ans: B
15. Which of the following deals with the duty of person
to who summons is delivered or sent for service in the
Code of Civil Procedure?
A. Order 7, Rule 14
B. Order 9, Rule 12
C. Order 6, Rule 10
D. Order 5, Rule 29
Ans: D
16. Which of the following deals with the exclusion of
counter claim in the Code of Civil Procedure?
A. Order 8, Rule 6C
B. Order 4, Rule 13
C. Order 6, Rule 10
D. Order 10, Rule 22
Ans: A
17. Which of the following deals with particular
interrogatories to be submitted in the Code of Civil
Procedure?
A. Order 11, Rule 2
B. Order 4, Rule 13
C. Order 6, Rule 10
D. Order 13, Rule 22
Ans: A
18. Which of the following deals with the framing of
issues in the Code of Civil Procedure?
A. Order 19, Rule 12
B. Order 14, Rule 1
C. Order 6, Rule 10
D. Order 15, Rule 22
Ans: B
19. Which of the following deals with plaint in
interpleader suits in the Code of Civil Procedure?
A. Order 12, Rule 1
B. Order 35, Rule 1
C. Order 33, Rule 18
D. Order 17, Rule 10
Ans: B
20. Civil court’s jurisdiction would not be barred in
which of the following cases?
I. Where the order under r 18 of the settlement rules is patently
illegal or without jurisdiction
II. Where the remedy provided by the regulation to adjudge the
objection raised, is not sufficient
III. Where complicated question relating to the title are involved
IV. Where the plaintiff seeks declaration of his title over the land
from which he is sought to be evicted
A. I, III
B. II, V
C. II, IV
D. All of these
Ans: D
21. 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) at or before the settlement of issues
(b) after the settlement of issues
(c) at the time when they are required
(d) none of the above.
Ans. (c)
22. A document can be received at a later stage:
(a) if the genuineness of the document is beyond doubt and is
relevant to decide the real question in controversy
(b) if the genuineness of the document is beyond doubt but is not
relevant to decide the real question in controversy
(c) if the genuineness of the document is disputed and is not
relevant to the matter in controversy
(d) all the above.
Ans. (a)
23. Original documents can be returned to the party
producing it:
(a) after the suit is over
(b) after the disposal of appeal, if preferred
(c) after the period of limitation for filing the appeal, if no appeal
is preferred
(d) only (b) & (c) are correct.
Ans. (d)
24. During the pendency of the suit, to a party producing
the document:
(a) the original document admitted in evidence cannot be
returned
(b) the original documents admitted in evidence can be returned
on producing the certified copies thereof
(c) the original documents admitted in evidence can be returned
on producing an ordinary copy thereof
(d) either (b) or (c).
Ans. (b)
25. In a suit, issues are framed in respect of:
(a) questions of facts
(b) questions of law
(c) mixed question of fact & law
(d) all the above.
Ans. (d)
26. Issues mean:
(a) contentions arising out of plaint only
(b) contentions arising out of written statement only
(c) rival contentions of the parties based on their pleadings
(d) presumptions of fact or law or fact & law.
Ans. (c)
27. Issues are settled, in a suit:
(a) under Order XIII of CPC
(b) under Order XIV of CPC
(c) under Order II of CPC
(d) under Order VII of CPC.
Ans. (b)
28. Which of the issues under Order XIV, Rule 2 of CPC
can be tried as preliminary issues:
(a) issues of fact
(b) issues of law
(c) issues of fact & law
(d) both (b) & (c).
Ans. (b)
29. 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
(c) either (a) or (b)
(d) neither (a) nor (b).
Ans. (c)
30. Issues can be altered:
(a) under Order XIV, Rule 2(2) of CPC
(b) under Order XIV, Rule 3 of CPC
(c) under Order XIV, Rule 5 of CPC
(d) under Order XIV, Rule 6 of CPC.
Ans. (c)
31. Under Order XIV, Rule 5 of CPC:
(a) issues already framed can be amended
(b) issues already framed can be struck off
(c) additional issues can be framed
(d) all the above.
Ans. (d)
32. List of witnesses must be filed, by the parties:
(a) along with the plaint or written statement
(b) before framing of issues
(c) after the framing of issues
(d) no need to file the list of witnesses.
Ans. (c)
33. Parties must file the list of witnesses within:
(a) 10 days of framing of issues
(b) 15 days of framing of issues
(c) 30 days of framing of issues
(d) 60 days of framing of issues.
Ans. (b)
34. Court has the power to summon a person, who is not
called by any party, as a witness:
(a) under Order XVI, Rule 18 of CPC
(b) under Order XVI, Rule 14 of CPC
(c) under Order XVI, Rule 12 of CPC
(d) under Order XVI, Rule 10 of CPC.
Ans. (b)
35. Adjournment can be granted:
(a) under Order XVII, Rule 3 of CPC
(b) under Order XVII, Rule 2 of CPC
(c) under Order XVII, Rule 1 of CPC
(d) under Order XVII, Rule 1(2) of CPC.
Ans. (c)
36. When, on the day to which the hearing of the suit is
adjourned, the parties or any of them fail to appear:
(a) Order XVII, Rule 2 of CPC shall apply
(b) Order XVII, Rule 3 of CPC shall apply
(c) both Order XVII, Rule 2 and Order 17, Rule 3 of CPC shall
apply
(d) neither Order XVII, Rule 2 of CPC nor Order 17, Rule 3 of CPC
shall apply.
Ans. (a)
37. Order XVII, Rule 2 of CPC and Order XVII, Rule 3 of
CPC are:
(a) in conflict with each other
(b) independent & mutually exclusive
(c) Order XVII, Rule 3 of CPC is dependent on Order XVII, Rule 2
of CPC
(d) Order XVII, Rule 3 of CPC controls Order XVII, Rule 2 of CPC.
Ans. (b)
38. Order XVII, Rule 3 of CPC applies:
(a) when the party fails to produce the evidence
(b) when the party produced the evidence
(c) when the parties or any of them not present
(d) all the above.
Ans. (a)
39. Who shall produce the evidence first:
(a) plaintiff
(b) defendant
(c) either plaintiff or defendant
(d) as directed by the court.
Ans. (a)
40. Where a party wishes to appear as a witness, as a
general rule:
(a) the party shall appear as a witness after all other witnesses are
examined
(b) the party shall appear first before any witness on his behalf
has been examined
(c) the party has the discretion to appear either before or after
examination of other witnesses
(d) as directed by the court.
Ans. (b)
41. A witness who has already been examined can be
recalled under Order XVIII, Rule 17 of CPC:
(a) by the party calling the witness
(b) by the opposite party
(c) by the court
(d) all the above.
Ans. (c)
42. Where a judgment debtor puts any resistance 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:
(a) detained in the civil prison for a term which may extend to 60
days
(b) detained in the civil prison for a term which may extend to 30
days
(c) detained in the civil prison for a term which may extend to 15
days
(d) detained in the civil prison for a term which may extend to 7
days.
Ans. (b)
43. 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
(d) shall form of the record only if the court directs.
Ans. (a)
44. Ordinarily, the judgment shall be pronounced as
provided under Order XX, Rule 1 of CPC, within:
(a) 15 to 30 days of hearing
(b) 5 to 15 days of hearing
(c) 30 to 60 days of hearing
(d) 30 to 45 days of hearing.
Ans. (c)
45. Judgment & decree have been dealt in CPC:
(a) under Order XIX
(b) under Order XX
(c) under Order XX-A
(d) under Order XXI.
Ans. (b)
46. Clerical or arithmetical mistakes in judgments,
orders etc. can be corrected:
(a) under section 152 of CPC
(b) under section 153 of CPC
(c) under section 153A of CPC
(d) under section 153B of CPC.
Ans. (a)
47. For getting the clerical or arithmetical mistakes in
judgment etc. corrected, the application:
(a) shall be made within 30 days
(b) shall be made within 60 days
(c) shall be made within 90 days
(d) can be made at any time & no limitation period has been
prescribed.
Ans. (d)
48. Under section 34 of IPC, the court can grant interest:
(a) from the date of the suit till the date of decree
(b) from the date of the decree till realisation
(c) both (a) & (b)
(d) neither (a) nor (b).
Ans. (c)
49. Provision for interest in CPC has been made:
(a) under section 32
(b) under section 34
(c) under section 35A
(d) under section 35B.
Ans. (b)
50. Future interest i.e., from the date of the decree till
realisation, can be awarded, under CPC:
(a) @ 12% per annum
(b) @ 9% per annum
(c) @ 6% per annum
(d) depending on the prevailing bank rates.
Ans. (c)
51. Awarding future interest is:
(a) mandatory
(b) directory
(c) discretionary
(d) only (a) and not (b) or (c).
Ans. (c)
52. 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.
(b) future interest shall be deemed to have been refused and a
separate suit shall not lie.
(c) future interest shall be deemed to have been inadvertently
omitted and an application can be moved before the court.
(d) future interest shall be deemed to have been granted and it
shall be a clerical or arithmetical error to be corrected on
application.
Ans. (b)
53. Rule of Damdupat is:
(a) a rule relating to costs
(b) a rule relating to interest
(c) a rule of res-judicata
(d) a rule of evidence.
Ans. (b)
54. Pendente lite interest can be awarded:
(a) on the basis of the agreement between the parties
(b) @ 6%
(c) @ 9%
(d) @ 12%.
Ans. (a)
55. Which of the following provisions provide for
imposition of costs in a civil suit:
(a) section 35 of CPC
(b) section 35A of CPC
(c) section 35B of CPC
(d) all the above.
Ans. (d)
56. Costs can be imposed in:
(a) a suit
(b) execution proceedings
(c) a suit as well as execution proceedings
(d) only in a suit and not in execution proceedings.
Ans. (c)
57. Costs can be imposed to:
(a) compensate
(b) reimburse the expenses incurred
(c) compensate as well as to reimburse the expenses incurred
(d) only to reimburse the expenses incurred and not to
compensate.
Ans. (c)
58. 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).
Ans. (a)
59. Compensatory costs are imposed:
(a) under section 35 of CPC
(b) under section 35A of CPC
(c) under section 35B of CPC
(d) all the above.
Ans. (b)
60. Compensatory costs under section 35A of CPC can be
imposed to the extent of:
(a) Rs.3,000
(b) Rs.5,000
(c) Rs.10,000
(d) without any limit.
Ans. (a)
61. Imposition of costs under section 35A of CPC:
(a) absolves a person from criminal liability that may arise on the
principle of double jeopardy
(b) does not absolve the person from criminal liability that may
arise therefrom
(c) may absolve or may not absolve from criminal liability
(d) the court imposing cost may order for exemption from
criminal liability.
Ans. (b)
62. Costs under section 35A of CPC can be imposed:
(a) in an appeal
(b) in a revision
(c) both in an appeal and a revision
(d) neither in an appeal nor in a revision.
Ans. (d)
63. Costs under section 35A of CPC can be imposed:
(a) on plaintiff
(b) on defendant
(c) on co-defendant
(d) all the above.
Ans. (d)
64. Costs for causing delay has been provided under:
(a) section 35A of CPC
(b) section 35B of CPC
(c) section 36 of CPC
(d) section 35 of CPC.
Ans. (b)
65. Imposition of costs under section 35B of CPC is:
(a) mandatory
(b) directory
(c) either (a) or (b)
(d) neither (a) nor (b).
Ans. (b)
66. Costs imposed under section 35B of CPC:
(a) shall be included in the costs awarded in the decree passed in
the suit
(b) shall not be included in the costs awarded in the decree passed
in the suit
(c) shall, if not paid, be executable against the person on whom
the costs has been imposed
(d) only (b) & (c).
Ans. (d)
67. Security for payment of cost can be required to be
furnished:
(a) under Order XXA
(b) under Order XXV
(c) under Order XXIV
(d) under Order XXVII.
Ans. (b)
68. Security for payment of cost can be required to be
furnished under Order XXV, from:
(a) the plaintiff
(b) the defendant
(c) the co-defendant
(d) all the above.
Ans. (a)
69. On failure for furnishing security for payment of cost
the suit is liable to be:
(a) stayed
(b) dismissed
(c) rejected
(d) either (a) or (b) or (c) in the discretion of the court.
Ans. (b)
70. A suit dismissed under Order XXV for non-
furnishing of security for payment of costs:
(a) cannot be restored
(b) can be restored by the same court
(c) can be restored only in appeal
(d) can be restored only in revision.
Ans. (b)
71. Which of the following deals with the exemption of
members of legislative bodies from arrest and detention
under civil process in the Code of Civil Procedure?
A. Section 139B
B. Section 135A
C. Section 132A
D. Section 140A
Ans. B
72. Defendant need not to be interested in all the relief
claimed under which of the following in the Code of Civil
Procedure?
A. Order 3, Rule 1
B. Order 1, Rule 5
C. Order 3, Rule 3
D. Order 4, Rule 8
Ans. B
73. Which of the following deals summons given to the
plaintiff for service in the Code of Civil Procedure?
A. Order 5, Rule 9A
B. Order 2, Rule 2
C. Order 6, Rule 10
D. Order 4, Rule 8
Ans. A
74. Which of the following deals with rejection of plaint
in the Code of Civil Procedure?
A. Order 7, Rule 11
B. Order 9, Rule 6
C. Order 6, Rule 10
D. Order 10, Rule 22
Ans. A
75. Which of the following deals with the procedure
where defendant only appears in the Code of Civil
Procedure?
A. Order 5, Rule 30
B. Order 9, Rule 8
C. Order 6, Rule 10
D. Order 10, Rule 22
Ans. B
76. Documents to be deemed to be admitted if not denied
after service of notice to admit documents under which
of the following in the Code of Civil Procedure?
A. Order 16, Rule 2
B. Order 4, Rule 13
C. Order 6, Rule 10
D. Order 12, Rule 2A
Ans. D
77. Which of the following procedure where there is no
legal representative in the Code of Civil Procedure?
A. Order 22, Rule 4A
B. Order 10, Rule 9
C. Order 19, Rule 6B
D. Order 17, Rule 10C
Ans. A
78. Which of the following deals with provincial small
Cause Courts in the Code of Civil Procedure?
A. Order 50, Rule 1
B. Order 31, Rule 6
C. Order 22, Rule 18
D. Order 16, Rule 10
Ans. A
79. Which of the following conditions must to be fulfilled
if the appellate or revisional court is to entertain an
objection to the territorial jurisdiction of the trial court?
A. The objection was taken in the trial court
B. It was taken at the earliest opportunity and where issues have
been framed, it was taken before the issues were framed
C. Trial in the wrong court has occasioned failure of justice
D. All of these
Ans. D
80. Which of following types of suit does not come under
the scope of s. 92 of the Code of Civil Procedure?
A. There is a trust created for public purposes of a charitable or
religious nature
B. There is a breach alleged of such trust, or the direction of the
court is deemed necessary for the administration of such trust
C. The relief claimed is one or other of the beliefs mentioned in
the section
D. All of these
Ans. D
81. Which of the following is true of ss. 43, 44 and 44A in
dealing with the converse case of the execution by the
Indian courts of decrees of?
I. Indian courts to which the provisions of the Code of Civil
Procedure do not extend (s. 43)
II. Courts outside India which are established or continued by the
Central Government (s. 43)
III. Revenue courts situate in India (s. 44)
IV. Superior courts of the United Kingdom or of any reciprocating
territory (s. 44A)
A. I, III
B. II, IV
C. Ill, IV
D. All of these
Ans. D
82. In Order 8, at every stage where the defendant is
called upon to produce the documents, an exception is
always made with reference to documents produced:
A. For cross-examination of the plaintiff’s witness or the cross-
examination of the witness of the other party
B. In answer to a case set up by the plaintiff, subsequent to the
filling of the suit
C. With a view of refreshing memory
D. All of these
Ans. D
83. The court will not proceed with an appeal:
A. When the success of the appeal may lead to the courts coming
to a decision which is in conflict with the decision between the
appellant and the deceased respondent
B. When the decree against the surviving respondents, if the
appeal succeeds, will be ineffective, that is to say, it cannot be
successfully executed
C. Both (A) and (B)
D. None of these
Ans. C
84. The word ‘possession or power’ used in O. 13, r 1 and
r 2 imply:
A. That the document in question must be in actual physical
possession or control of the plaintiff
B. That the document over which the plaintiff has no control
C. That the document which can be produced only through
intervention of court by calling a witness and asking him to
produce a document
D. None of these
Ans. A
85. Where in a case the trial court directed the defendant
to file written statement without deciding the
application under O. 7, r 11, it was held to be a
procedural irregularity and the case was remanded for
deciding the application under O. 7, r 11. Which was this
case?
A. Viveknanda Nidhi v. Ashima Goswami
B. Saleem Bhai v. State of Maharastra
C. Allen Brothers v. Aruri Mai
D. None of these
Ans. B
86. A resides at Shimla, B at Calcutta and C at Delhi A, B
and C being together at Benaras, B and C make a joint
promissory note payable on demand and deliver it to A.
A may sue B and C at Banaras, where the cause of action
arose.
A. He may sue them at Calcutta, where B resides; if the non-
resident defendant objects, the suit cannot proceed without the
leave of the Court
B. He may sue them at Delhi where C resides; if the nonresident
defendant objects, the suit cannot proceed without the leave of the
Court
C. Either (A) or (B)
D. None of these
Ans. C
87. In execution of a decree obtained by A against, B,
certain property belonging to B is attached. During the
pendency of the attachment, B mortgages the property to
C. The property is then sold in execution of the decree
and purchased by D.
A. Here, the mortgage having been made contrary to the
attachment is void as against A’s claim, and D is not entitled to
take the property free from the mortgage created by B
B. Here, the mortgage having been made contrary to the
attachment is not void as against A’s claim, and D is not entitled
to take the property free from the mortgage created by B
C. Here, the mortgage having been made contrary to the
attachment is void as against A’s claim, and D is entitled to take
the property free from the mortgage created by B
D. None of these
Ans. C
88. A succeeds to B’s estate by inheritance, and assigns a
portion thereof, to C, D. is in possession of the estate,
and disputes A’s right to succession to it.
A. A and C may under rule 1 jointly sue D for recovery of
possession of the portions of the estate to which they are entitled,
as their claims in respect thereof, are based on a common ground
B. It does not matter that A claims by right of inheritance and C
under an assignment from A
C. Both (A) and (B)
D. None of these
Ans. C
89. A sues B for the rent of a house alleged to have been
let by A to B. B denies the lease, and contends that he is
the owner of the house.
A. A can amend the plaint by converting the suit into one for a
declaration of ownership
B. A cannot amend the plaint by converting the suit into one for a
declaration of ownership
C. Either (A) or (B)
D. None of these
Ans. B
90. A obtains a decree against B and C for Rs 5,000. B
satisfies the decree by paying Rs 5,000 to A. In such a
case C is bound to pay to B his (C’s) share of the
judgement-debt. If C fails to contribute his share:
A. B’s remedy is by way of suit against C to recover the amount
B. B’s remedy is by way of suit against A to recover the amount
C. Either (A) or (B)
D. None of these
Ans. A
91. B holds certain lands under a lease from A. The rent
falls into arrears, and A sues B for arrears of rend and
for possession. It is subsequently agreed between the
parties that B should continue to hold the lands as A’s
tenant, but upon fresh terms arranged between the
parties, which include a forfeiture clause that if default
should be made in payment of rent on the due dates, the
lease should be forfeited. A decree is passed in terms of
the agreement under this rule. B commits default in
payment of rent. A thereupon applies for possession of
the land in execution of the decree. B offers to pay the
arrears and applies that he may be relieved against
forfeiture.
A. If the matter had rested in contract only, the Court could have
granted the relief.
B. The mere fact, therefore, that the agreement has been recorded
and a decree passed in accordance therewith, does not preclude
the Court form granting relief against forfeiture
C. Both (A) and (B)
D. None of these
Ans. C
92. Which of the following deals with objections to
jurisdiction in the Code of Civil Procedure?
A. Section 18
B. Section 20
C. Section 21
D. Section 25
Ans. C
93. Which of the following deals with questions to be
determined by the Court executing decree in the Code of
Civil Procedure?
A. Section 47
B. Section 50
C. Section 45
D. Section 49
Ans. A
94. Which of the following deals with the exemption
from arrest and personal appearance in the Code of Civil
Procedure?
A. Section 90
B. Section 88
C. Section 81
D. Section 82
Ans. C
95. Which of the following deals with powers of
Appellate Court in the Code of Civil Procedure?
A. Section 111
B. Section 103
C. Section 108
D. Section 107
Ans. D
96. Which of the following deals with the procedure
where person to be arrested or property to be attached is
outside district in the Code of Civil Procedure?
A. Section 139
B. Section 133
C. Section 136
D. Section 140
Ans. C
97. Joinder of parties liable on same contract under
which of the following in the Code of Civil Procedure?
A. Order 3, Rule 9
B. Order 2, Rule 2
C. Order 1, Rule 6
D. Order 4, Rule 8
Ans. C
98. Which of the following deals with service on several
defendants in the Code of Civil Procedure?
A. Order 7, Rule 38
B. Order 2, Rule 21
C. Order 5, Rule 11
D. Order 4, Rule 9
Ans. C
99. Which of the following deals with the production of
document on which plaintiff sues or relies in the Code of
Civil Procedure?
A. Order 5, Rule 30
B. Order 4, Rule 13
C. Order 6, Rule 10
D. Order 7, Rule 14
Ans. D
100. Which of the following deals with the decree against
plaintiff by default bars fresh suit in the Code of Civil
Procedure?
A. Order 5, Rule 30
B. Order 4, Rule 13
C. Order 9, Rule 9
D. Order 10, Rule 22
Ans. C
101. Which of the following deals with the form of notice
in the Code of Civil Procedure?
A. Order 12, Rule 3
B. Order 4, Rule 13
C. Order 6, Rule 10
D. Order 13, Rule 22
Ans. A
102. Which of the following deals with withdrawal of suit
or abandonment of part of claim in the Code of Civil
Procedure?
A. Order 23, Rule 1
B. Order 10, Rule 9
C. Order 19, Rule 6
D. Order 17, Rule 10
Ans. A
103. Which of the following deals with presidency Small
Cause Courts in the Code of Civil Procedure?
A. Order 28, Rule 4
B. Order 51, Rule 1
C. Order 22, Rule 6
D. Order 16, Rule 10
Ans. B
104. Which of the following is true of section 24 of the
Code of Civil Procedure?
A. It deals with general power of transfer
B. It deals with general power of withdrawal
C. It enables the District court to transfer any suit, appeal or other
proceedings pending before it, for trial or disposal to any court
subordinate to it and competent to try or dispose off the same
D. All of these
Ans. D
105. The right to appeal is a creature of statute and an
appeal can be presented, only:
A. By a party in the suit if he is aggrieved by the judgment
B. By a person who is not a party but who is aggrieved by the
judgment if he seeks and gets leave of the court to prefer an
appeal against the judgment
C. either (A) or (B)
D. None of these
Ans. C
106. Which of the following types of questions arise with
the after sale of the judgment-debtor’s property in which
the auction purchaser is concerned?
A. Where the questions arose between the decree holder on the
one hand and the judgment-debtor on the other hand, the
auction-purchaser being only interested in the result
B. Where questions arose between the auction-purchaser on the
one hand and a party to the suit or his representative on the other
hand
C. both (A) and (B)
D. None of these
Ans. C
107. Which of the following are true of the set-off and
counterclaim?
I. None should exceed the pecuniary limits of the jurisdiction of
the court
II. Both are pleaded in the written statement
III. The plaintiff is expected to file a written statement in answer
to a claim for set-off or to a counterclaim
IV. Even if permitted to be raised, the court may in appropriate
cases direct a set-off or counterclaim
V. A defendant cannot be compelled to plead a set-off or a
counterclaim
VI. Both are liable to payment of court fees under Sch. 1 of Art. 1
of the Court-fees Act 1870
VII. Dismissal of a suit or its withdrawal would not debar a set-off
or counterclaim being tried, may be followed by a decree against
the plaintiff
A. I, II, IV
B. Ill, IV, VI
C. II, V, VII
D. All of these
Ans. D
108. In which of the following cases cross-objections as
between co-respondents can be permitted?
A. The appeal as regards certain parties cannot be disposed of
without determining the question between co-respondents
B. Where the objections are common as against the appellant and
co-respondent
C. both (A) and (B)
D. None of these
Ans. C
109. The phrase ‘good cause’ used in O. 13, r 2 means
reason that is:
A. adequate
B. sound
C. genuine
D. All of these
Ans. D
110. The affidavit required to be filed under amended s.
26(2) and O. 6, r 15(4) of the Code of Civil Procedure has
the effect of fixing additional responsibility on the
deponent as to the truth of the facts stated in the
pleadings. It is, however made clear that such an
affidavit would not be evidence for the purpose of the
trial. Further, on amendment of the pleadings, a fresh
affidavit shall have to be filed in consonance thereof. In
which of the following cases it was so upheld?
A. Kanji v. Mangaalben
B. Venkata v. Venkataraman
C. Salem Advocate Bar Association, Tamil Nadu v. Union of India
D. None of these
Ans. C

Code of Civil Procedure: General

Knowledge Questions and
Answers for Competitive Exams
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General knowledge questions and answers on the Code of Civil
Procedure especially compiled for UPSC, Civil Services, IAS,
Indian Judicial Services and other Competitive Exams!
1. To constitute a matter of res judicata which of the
following conditions must concur?
I. The matter directly and substantially in issue in the subsequent
suit or issue must be the same matter which was directly and
substantially in issue either actually (s. 11, explanation III) or
constructively (s. 11, explanation IV) in the former suit
II. The former suit must have been a suit between the same
parties under whom they or any of them claim. Explanation VI of
S. 11 must be read with this condition
III. The parties as aforesaid must have litigated under the same
title in the former suit
IV. The court which decided the former suit must have been a
court competent to try the subsequent suit of the suit in which
such issue has been subsequently raised. Explanation II of s. 11 is
to be read with condition
V. The matter directly and substantially in issue in the subsequent
suit must have been heard and finally decided by the court in the
first suit. Explanation V of s. 11 is to be read with this condition
A. I, II
B. III, IV
C. II, IV, V
D. All of these
Ans. D
2. If a defendant is sued for slander, the only way to meet
the plaintiff’s claim is to plead:
A. That the words in questions were not spoken and published
B. That they were spoken and published are true
C. That they were spoken and published and are privileged
D. All of these
Ans. D
3. The words ‘any director’ in O. 29, r 3 means:
A. Only the director who has signed and verified the pleading or
on whom the summons has been served
B. Any of the directors who is in the position to answer material
questions relating to the suit
C. either (A) or (B)
D. None of these
Ans. B
4. Festinatio justitiae est noverca informateeni means?
A. Hasty justice is the mother of misfortune
B. Hasty justice is the stepmother of misfortune
C. Hasty justice is the father of misfortune
D. None of these
Ans. B
5. The word ‘case’ used in s. 115 of the Code of Civil
Procedure is of wide import and:
A. It means any state of facts juridically considered
B. It includes civil proceedings other suits and is not restricted to
anything contained in the section to the entirety of the proceeding
in a civil court
C. Both (A) or (B)
D. None of these
Ans. C
6. A sues B, a manager appointed by the court in an
administration suit, for a declaration, that he had validly
surrendered his lease. B’s defence is that the suit was not
maintainable for want of notice under s. 80 of the Code
of Civil Procedure and that the surrender was not valid.
The court of first instance decided both the issues
against A. B then sued A for royalty due under that lease.
A. The finding in the former suit that the lease was not validity
surrendered was maintainable in spite of notice under s. 80
B. The finding in the former suit that the lease was a validity
surrendered but not maintainable for want of notice under s. 80
C. The finding in the former suit that the lease was not validity
surrendered was not maintainable for want of notice under s. 80
D. None of these
Ans. C
7. X sells certain property to A. At the time of sale the
property was in the possession of B who claimed it
adversely to X. A sues B in the High Court of Calcutta to
recover possession of the property it adversely to X. An
issue is rebased in the suit, and it is an issue of law,
namely, whether a person who is not in possession of
property at the time of sale is competent to convey it.
The issue is found in the negative and A’s suit is
dismissed.
Afterwards, it is decided by a Full Bench of the same High Court
in another case between different parties altogether that although
a person may not be in possession of a property, he is competent
to convey it. After the decision of the Full Bench, A again sues B to
recover possession of the same property under the same deed of
sale, and asks for a decision in his favour on the strength of the
Full Bench ruling on the point of law which was decided against
him in the former suit. Here, the cause of action in the subsequent
suit is the same as that in the former suit.
A. The court is, therefore, precluded from re-trying the same
question of law in the subsequent suit. In other words, the issue of
law is res judicata
B. It is immaterial that the decision on the question of law in the
first suit was erroneous
C. Both (A) and (B)
D. None of these
Ans. C
8. A sues B for Rs 200. As against the said claim, B
claims to set-off Rs 200, being part of a sum of Rs 1,200
alleged to be due to him by A, but omits to counterclaim
from A the balance of Rs 1,000.
A. B cannot afterwards sue A to recover Rs 1,000
B. B can afterwards sue A to recover Rs 1,000
C. Either (A) or (B)
D. None of these
Ans. B
9. Husband got his petition for restitution of conjugal
rights dismissed as ‘withdrawn’. Subsequently a petition
is filed for divorce.
A. This subsequent petition was barred by O.2, r 2, as restitution
and divorce are same remedies provided by the law
B. This subsequent petition was not barred by O.2, r 2, as
restitution and divorce are separate remedies provided by the law
C. This subsequent petition was barred by O.2, r 2, as restitution
and divorce are separate remedies provided by the law
D. None of these
Ans. B
10. A and B, both Mahommedans, pass a promissory
note to X, B dies leaving three heirs H1, H2, and H3, X
sues A (surviving maker of the note) and H1, H2 and H3
as heirs of B, A and H1 appear at the hearing and defend
the suit, H2 and H3 do not appear. A decree is passed
against all the defendants, the liability of H1, H2 and H3
under the decree being limited to the extent the property
of B inherited by them as B’s heirs. Here the decree, so
far as regard A and H1, is passed after hearing; and as
regards H2 and H3, it is ex parte. H2 and H3 apply to
have the decree set aside alleging that the summons was
not served upon them. The court is satisfied that the
summons was not served.
A. The decree should be set aside against H2 and H3
B. The decree should be set aside against H1
C. Both (A) and (B)
D. None of these
Ans. C
11. A sues B to recover a debt or damages for breach of
contract. Pending the suit B is adjudged insolvent and
his property vests in the official assignee.
A. Here there is a mere money claim against the insolvent and no
vesting in the official assignee of any ‘interest’ in the subject-
matter of suit within the meaning of O. 22 r 10
B. The official assignee therefore should not be added or
substituted as a party defendant to the suit
C. Both (A) and (B)
D. None of these
Ans. C
12. Court in which suits to be instituted comes under
which of the following in the Code of Civil Procedure?
A. Section 11
B. Section 12
C. Section 15
D. Section 16
Ans. C
13. Which of the following deals with powers of Court in
executing transferred decree in the Code of Civil
Procedure?
A. Section 41
B. Section 36
C. Section 42
D. Section 52
Ans. C
14. Which of the following deals with power of court to
issue commissions in the Code of Civil Procedure?
A. Section 75
B. Section 72
C. Section 59
D. Section 78
Ans. A
15. Which of the following deals with second appeal on
no other grounds in the Code of Civil Procedure?
A. Section 111
B. Section 101
C. Section 108
D. Section 100
Ans. B
16. Which of the following deals with Publication of rules
in the Code of Civil Procedure?
A. Section 140
B. Section 131
C. Section 108
D. Section 100
Ans. B
17. Which of the following deal with the continuance of
orders under repealed enactments in the Code of Civil
Procedure?
A. Section 157
B. Section 169
C. Section 148
D. Section 153
Ans. A
18. Summons to be either to settle issues or for final
disposal are dealt under:
A. Order 7, Rule 3
B. Order 2, Rule 2
C. Order 6, Rule 10
D. Order 5, Rule 5
Ans. D
19. Which of the following deals with grounds of
exemption from limitation law in the Code of Civil
Procedure?
A. Order 5, Rule 30
B. Order 7, Rule 6
C. Order 6, Rule 10
D. Order 10, Rule 22
Ans. B
20. Which of the following deals with where neither
party appears, suit to be dismissed in the Code of Civil
Procedure?
A. Order 9, Rule 3
B. Order 4, Rule 13
C. Order 6, Rule 10
D. Order 10, Rule 22
Ans. A
21. Which of the following deals with non-compliance
with order for discovery in the Code of Civil Procedure?
A. Order 16, Rule 2
B. Order 4, Rule 13
C. Order 6, Rule 10
D. Order 11, Rule 21
Ans. D
22. Which of the following deals with judgment when
pronounced in the Code of Civil Procedure?
A. Order 12, Rule 5
B. Order 20, Rule 1
C. Order 19, Rule 21
D. Order 11, Rule 7
Ans. B
23. Which of the following deals with power to dispense
with notices in cases of deceased parties in the Code of
Civil Procedure?
A. Order 44, Rule 4
B. Order 31, Rule 21
C. Order 45, Rule 9A
D. Order 9, Rule 10
Ans. C
24. In which of the following way if a former suit is
dismissed, it could not be said of a matter that it was
heard and finally decided?
I. For want of jurisdiction
II. For default plaintiff under O. 9 r 8
III. For want of notice
IV. On the ground of non-joinder
V. For want of cause of action
A. I, III
B. II, IV, V
C. Ill, IV, V
D. All of these
Ans. D
25. The meaning of the phrase ‘Act of State’ in modem
times has come to denote:
A. An act done by the state in the exercise of its sovereign status in
relation to another state or subjects of another state
B. Governmental acts done in exercise of its executive power
against its own subjects or foreigners resident within its
territories
C. Both (A) and (B)
D. None of these
Ans. C
26. If a writ petition is decided on merits by a speaking
order, the question decided in that petition would
operate as res judicata; but which of the following kind
of dismissal is not barred by res judicata?
A. In limine
B. On the ground of laches
C. By reason of availability of alternative remedy
D. All of these
Ans. D
27. The plaints in bank suits should specifically disclose
which of the following ingredients?
A. The rate of interest charged from time to time from the date of
loan to date of suit
B. The rates of interest permissible as per circular/ directives of
Reserve Bank of India for the corresponding period
C. An averment that in the statement of account, the debits
regarding interest and other charges are in accordance with the
terms of contract and Reserve Bank of India directive
D. All of these
Ans. D
28. The provisions of O. 17, r 3 does not apply unless:
I. The hearing is adjourned on the application of a party to the
suit, as distinguished from an adjournment by the court of its own
motion
II. The hearing is adjourned on the application of the party who
subsequently makes the default
III. The adjournment is granted to enable the party to produce his
evidence, or to cause the attendance of his witness, or to perform
any other act necessary to the further progress of the suit
IV. The party fails to perform any of the acts for which the
adjournment was granted within the time allowed by the court
A. I, II, IV
B. Ill, IV
C. II, IV
D. All of these
Ans. D
29. The words ‘acted in the exercise of its jurisdiction
illegally or with material irregularity’ used in s. 115 of the
Code of Civil Procedure refers:
A. Only to an error of jurisdiction
B. Its application only cases of the kind contemplated by cll. (a)
and (b) of this section
C. Both (A) and (B)
D. None of these
Ans. C
30. But where a genuine and bona fide request is made
for adjournment instead of restoring to forfeiture of the
right to cross examine, the court may grant time by
levying costs. In which of the following cases it was so
upheld?
A. Mayadevi Kukreja v. Meera Agarwal
B. Manohar Singh v. D S Sharma
C. Duryodhan v. Si tar am
D. None of these
Ans. B
31. A landlord sued to eject a tenant on the ground that
he had failed to pay rent and that therefore, the lease
had become forfeited as provided in the deed. The tenant
pleaded that he was an agriculturist and further prayed
to be relieved against forfeiture. The court granted the
latter, relief and also recorded a finding that he lessee
was a non- agriculturist tenant.
A. It was held in a subsequent suit between the parties that the
latter finding was res judicata as the tenant could not on the
previous litigation appeal against the finding that he was a non-
agriculture tenant by reason of relief having been granted against
forfeiture
B. It was held in a subsequent suit between the parties that the
latter finding was not res judicata as the tenant on the previous
litigation appeal against the finding that he was not a non-
agriculture tenant by reason of relief having been granted against
forfeiture
C. It was held in a subsequent suit between the parties that the
latter finding was not res judicata as the tenant could not on the
previous litigation appeal against the finding that he was a non-
agriculture tenant by reason of relief having been granted against
forfeiture
D. None of these
Ans. C
32. A sues B in 1874 to recover 12 years’ arrears of his
share of a certain government allowance received by B.
B contends that A is not entitled to recover more than 3
year’s allowance, A’s claim beyond that period being
barred by the law of limitation. The court allows A’s
claim in its entirety. In 1894, A sues B for further arrears
for 11 years from 1882-1893. B raises the same point of
law that was raised by him in the former suit. Held that
the decision in the former suit does not operate as res
judicata in the subsequent suit. Here the cause of action
in the subsequent suit is for arrears which had accrued
due after the institution of the former suit.
A. The court, therefore, is not precluded from re-trying the same
question of law
B. If the court finds the question of law was wrongly decided in
the former suit, it may decide the suit on what it considers is the
correct interpretation of law
C. Both (A) and (B)
D. None of these
Ans. C
33. When a tradesman has a bill against a party for any
amount in which the items are so connected together
that it appears that the dealing is not intended to
terminate with one contract, but to be continuous, so
that one item if not paid shall be united with another and
form one continuous demand:
A. The whole together still represents two different causes of
action
B. The whole together forms but one cause of action and cannot
be divided
C. The whole together forms but one cause of action but can still
be divided
D. None of these
Ans. B
34. Every suit is to decide the whole claim. However, a
separate suit for mesne profits from the date of decree to
delivery of possession:
A. is barred because no claim of mesne profits was sought in the
earlier suit
B. is barred because the claim of mesne profits prior to the date of
decree stands barred under O. 2, r2
C. is not bared because the claim of mesne profits arises after the
decree in the suit and so the decree gives a new cause of action
D. None of these
Ans. C
35. A sues B and C for a declaration of title to certain
lands, and D and E (tenants of B and C) for possession of
the land, B and C appear and defend the suit, D and E do
not appear. The court passes a decree against all the four
defendants, as against B and C, declaring that the lands
belong to A, and as against D and E, directing them to
deliver possession of the lands to A. Here, the decree
against D and E is ex parte, for they did not appear at the
hearing D and E apply for an order to set aside the
decree, alleging that the summons was not served upon
them. The court is satisfied that the decree, alleging that
the summons was not served upon them. The court is
satisfied that the summons was not served.
A. The decree must be set aside for against all the defendants B, C,
D and E
B. The decree must be set aside for against D and E
C. Either (A) or (B)
D. None of these
Ans. D
36. A sues B for possession of certain land and manse
profits. Pending the suit B lets the lands to C and
delivers possession to him. A decree is then passed for A
for possession and mesne profits. After the decree C at
B’s request delivers possession of the land to A. A then
applies in execution proceedings to join C as a party to
me the suit so as to compel C to account for profits which
he had received from the land.
A. C should not be joined as a party, for it cannot be said that B’s
liability for mesne profits has ‘devolved’ upon C within the
meaning of O.22 r 10
B. C should be joined as a party, for it cannot be said that B’s
liability for mesne profits has ‘devolved’ upon C within the
meaning of O.22 r 10
C. C should be joined as a party, for it can be said that B’s liability
for mesne profits has ‘devolved’ upon C within the meaning of
O.22 r 10
D. None of these
Ans. A
37. Which of the following deals with suits to be
instituted where subject-matter situate in the Code of
Civil Procedure?
A. Section 19
B. Section 12
C. Section 13
D. Section 16
Ans. D
38. Which of the following deals with execution of
decrees passed by Civil Courts in places to which this
Code does not extend in the Code of Civil Procedure?
A. Section 41
B. Section 36
C. Section 39
D. Section 43
Ans. D
39. Which of the following deals with commissions
issued by foreign Courts in the Code of Civil Procedure?
A. Section 63
B. Section 59
C. Section 76
D. Section 78
Ans. B
40. No second appeal in certain cases under which of the
following in the Code of Civil Procedure?
A. Section 111
B. Section 109
C. Section 102
D. Section 100
Ans. C
41. Which of the following deals with the direction of the
court to opt for any one mode of alternative dispute
resolution in the Code of Civil Procedure?
A. Order 5, Rule 30
B. Order 10, Rule 1A
C. Order 6, Rule 10
D. Order 8, Rule 22
Ans: B
42. Which of the following deals with the endorsements
on copies of admitted entries in books, account and
records in the Code of Civil Procedure?
A. Order 13, Rule 5
B. Order 4, Rule 13
C. Order 6, Rule 10
D. Order 15, Rule 22
Ans: A
43. Suing of partners in name of firm is dealt under
which of the following in the Code of Civil Procedure?
A. Order 12, Rule 1
B. Order 10, Rule 9
C. Order 19, Rule 6
D. Order 30, Rule 1
Ans: D
44. Which of the following is true of rules framed by the
Supreme Court with reference to appeals to it?
A. They are a special law within s. 4 of the Code of Civil
Procedure,
B. They must take precedence over s. 114 or O. 47
C. Both (A) and (B)
D. None of these
Ans: C
45. If there is stipulation for the rate of interest, the
court must allow the rate upon the date of the suit,
subject to which of the following exceptions?
A. Any provision of the law applicable to money lending
transaction, or usury laws or any other debt law governing the
parties and having an overriding effect on any stipulation for
payment of interest voluntarily entered into between the parties
B. If the rate is penal, the court must award at such rate as it
deems reasonable
C. Even if the rate is not penal, the court may reduce it if the
interest is excessive and the transaction was substantially unfair
D. All of these
Ans: D
46. Which of the following types of allegation constitute
jurisdictional errors?
A. Exercise of jurisdiction not vested in the court below by the law
B. A jurisdiction vested in it by law was failed to be exercised
and/or has acted in the exercise of its jurisdiction illegally or with
material irregularity
C. Either (A) or (B)
D. None of these
Ans: C
47. Which of the following may sue under s. 92 of the
Code of Civil Procedure?
A. Advocate-General, and outside the presidency-towns by the
collector or by such an officer as the state government may
appoint in that behalf (s. 93)
B. Two or more persons having an interest in the trust and having
obtained the leave of the court
C. Either (A) or (B)
D. None of these
Ans: C
48. Admission in pleading can be:
A. Actual, that is, those contained in the pleadings (O. 7, r 5) or in
answer to interrogatories (O. 11, r 22)
B. Constructive, that is, those which are merely the consequence
of the form of pleading adopted (O. 8, rr. 3, 4, 5)
C. Either (A) or (B)
D. None of these
Ans: C
49. Government Pleader includes:
A. Any officer appointed by the State Government to perform all
B. Any of the functions expressly imposed by this Code on the
Government Pleader
C. Any pleader acting under the directions of the Government
Pleader
D. All of these
Ans: D
50. The word ‘person’ used in O. 33, r 1 includes:
A. A company
B. An official receiver
C. Both (A) and (B)
D. None of these
Ans: C
51. A sues B for rent due for the year 1902. The defence is
that the land is rent-free. An issue is raised, ‘whether the
land is rent-free’. The court finds that the land is rent-
free, and A’s suit is dismissed. Subsequently, A sues B
claiming rent for the year 1904. B again sets up the same
defence, namely, that the land is rent-free.
A. Here, the question of A’s right to recover the rent having not
been ‘directly and substantially’ in issue in the previous suit, a suit
for the rent for 1904 is barred as res judicata
B. Here, the question of A’s right to recover the rent having been
‘directly and substantially’ in issue in the previous suit, a suit for
the rent for 1904 cannot be barred as res judicata
C. Here, the question of A’s right to recover the rent having been
‘directly and substantially’ in issue in the previous suit, a suit for
the rent for 1904 is barred as res judicata
D. None of these
Ans: C
52. B’s property is attached in exaction of a money-
decree obtained by A. While the attachment is pending,
B sells the property to C, who pays off a mortgage prior
to A’s suit. The property is then sold in execution and is
purchased by D.
A. The sale to C is not contrary to the attachment and is not
against D. C may have a right of subrogation to the prior
mortgagee, but that does not give him a right to possession as the
mortgagee was unsufructuary
B. The sale to C is not contrary to the attachment and is not void
against D. C may have a right of subrogation to the prior
mortgagee, which gives him a right to possession as the
mortgagee was unsufructuary
C. The sale to C being contrary to the attachment, is void as
against D. C may have a right of subrogation to the prior
mortgagee, but that does not give him a right to possession as the
mortgagee was not unsufructuary
D. None of these
Ans: C
53. A and B were assaulted by C at an interview in C’s
house. A and B jointly sued C for damages for assault. It
was held that the assault on A and that on B constituted
two distinct causes of action, and the suit was therefore,
bad for misjoinder of plaintiffs.
A. They could not join as plaintiffs in one suit on the ground that
the causes of action were separate and distinct
B. They could be joined as plaintiffs in one suit on the ground that
C assaulted them in his house
C. Either (A) or (B)
D. None of these
Ans: A
54. A filed a suit against B for specific performance of an
agreement to convey properties and in pursuance of the
decree passed therein obtained possession. Then he filed
a suit against B for profits received by him from the
lands from the date when he ought to have conveyed the
properties to the date of the decree. It was barred
because:
A. The suit was not for compensation for breach of contract to
convey
B. The suit was not for compensation for breach of contract to
convey and should have been included in the suit for specific
performance
C. Either (A) or (B)
D. None of these
Ans: B
55. A and B sue C for Rs. 1,000.
A. C can set-off a debt due to him by B alone
B. C cannot set-off a debt due to him by A alone
C. Either (A) or (B)
D. None of these
Ans: B
56. A sues B for an injunction to prevent A from enjoying
the honour of standing at a particular place in the
temple. B dies pending the suit.
A. The suit abates
B. The suit does not abate
C. Either (A) or (B)
D. None of these
Ans: A
57. In a suit for money a decree is passed by consent
whereby the defendant is directed to pay to the plaintiff
Rs. 35,000. It is further declared by the decree that the
plaintiff should have a first charge on certain immovable
property belonging to the defendant. Is the plaintiff
entitled to have the property sold in execution of the
decree without institution a regular suit for sale on the
charge?
A. Yes, because there being no mortgage or charge prior to the
decree, the decree cannot be said to have been obtained ‘for the
payment of money in satisfaction of a claim arising under the
mortgage’ within the meaning of O. 34 r 14
B. No, because there being no mortgage or charge prior to the
decree, the decree can be said to have been obtained ‘for the
payment of money in satisfaction of a claim arising under the
mortgage’ within the meaning of O. 34 r 14
C. The immovable property must have been made security for the
payment of the money before the decree was obtained, otherwise
the provision of this rule do not apply
D. None of these
Ans: A
58. Which of the following deals with service of
summons where defendant resides in another State in
the Code of Civil Procedure?
A. Section 18
B. Section 28
C. Section 22
D. Section 25
Ans: B
59. Which of the following deals with arrest and
detention in the Code of Civil Procedure?
A. Section 55
B. Section 50
C. Section 59
D. Section 54
Ans: A
60. Which of the following deals with applications of
sections 85 and 86 to Rulers of former Indian States in
the Code of Civil Procedure?
A. Section 87B
B. Section 88A
C. Section 92B
D. Section 82A
Ans: A
61. Which of the following deals with revision in the
Code of Civil Procedure?
A. Section 111
B. Section 115
C. Section 108
D. Section 100
Ans: B
62. Which of the following deals with the application for
restitution in the Code of Civil Procedure?
A. Section 150
B. Section 146
C. Section 108
D. Section 144
Ans: D
63. Which of the following deals with the frame of suit in
the Code of Civil Procedure?
A. Order 8, Rule 1
B. Order 6, Rule 2
C. Order 3, Rule 3
D. Order 2, Rule 1
Ans: D
64. Which of the following deals with service on
defendant in prison in the Code of Civil Procedure?
A. Order 7, Rule 14
B. Order 5, Rule 24
C. Order 6, Rule 10
D. Order 10, Rule 8
Ans: B
65. Which of the following deals with specific denial in
the Code of Civil Procedure?
A. Order 8, Rule?
B. Order 4, Rule 13
C. Order 6, Rule 10
D. Order 10, Rule 22
Ans: A
66. Which of the following deals with the appearance
before the conciliatory forum or authority in the Code of
Civil Procedure?
A. Order 5, Rule 30
B. Order 4, Rule 13
C. Order 10, Rule IB
D. Order 13, Rule 22
Ans: C
67. Which of the following deals with recording of
admitted and return of rejected documents in the Code
of Civil Procedure?
A. Order 19, Rule 5
B. Order 4, Rule 13
C. Order 13, Rule 7
D. Order 15, Rule 22
Ans: C
68. Minor to sue by next friend is dealt under which of
the following in the Code of Civil Procedure?
A. Order 32, Rule 1
B. Order 10, Rule 9
C. Order 19, Rule 6
D. Order 17, Rule 10
Ans: A
69. The object of section 5 of the Code of Civil Procedure
is:
A. Its application to all matters on which the special or local court
is silent
B. To preserve the summary character of rent litigation under the
local laws
C. Either (A) or (B)
D. None of these
Ans: B
70. In the case of United Bank of India v. Rasayan
Udhyog the Calcutta High Court held that interest
pendente lite and interest for the post decretal period
are:
A. Are in the nature of compensation to the plaintiff, for being
kept out of the money due to him
B. Are discretionary as indicated by the word ‘may’
C. Both (A) and (B)
D. None of these
Ans: C
71. Consequent to failure of conciliation the Presiding
Officer of the conciliation forum can refer the matter
again to court under:
(a) Order X, Rule IB of CPC
(b) Order X, Rule 1C of CPC
(c) Order X, Rule 3 of CPC
(d) Order X, Rule 4 of CPC.
Ans. (b)
72. Where an application for leave to deliver
interrogatories has been moved along with the
interrogatories proposed to be delivered that application
shall be decided as provided under Order XI, Rule 2 of
CPC within:
(a) 15 days from the date of submission of application
(b) 10 days from the date of submission of application
(c) 7 days from the date of submission of application
(d) no time prescribed for the purpose.
Ans. (c)
73. List of witness, after settlement of issues, must be
filed within:
(a) 15 days
(b) 30 days
(c) 45 days
(d) 60 days.
Ans. (a)
74. Where a witness fails to appear before the court,
without any reasonable ground, under Order XVI, Rule
12 of CPC, such a witness can be penalised to the extent
of:
(a) Rs.100
(b) Rs.200
(c) Rs.500
(d) Rs.1000.
Ans. (c)
75. If a plaintiff fails to sue for the whole of the claim
which he is entitled to make in respect of a cause of
action in the first suit, then he is precluded from suing in
the suit in respect of portion so omitted, by virtue of:
(a) Order II, Rule 2 of CPC
(b) Order II, Rule 3 of CPC
(c) Order II, Rule 4 of CPC
(d) Order II, Rule 5 of CPC.
Ans. (b)
76. Order II, Rule 2 of CPC does not apply to:
(a) application for execution
(b) writ petitions
(c) both (a) & (b)
(d) neither (a) nor (b).
Ans. (c)
77. Name of a party in a suit can be struck of:
(a) under Order I, Rule 10 of CPC
(b) under Order I, Rule 10A of CPC
(c) under Order I, Rule 8 of CPC
(d) under Order I, Rule 8A of CPC.
Ans. (a)
78. Pleadings must state:
(a) facts
(b) law
(c) evidence
(d) all the above.
Ans. (a)
79. Pleadings must be signed:
(a) by the party
(b) by the pleader
(c) by the party & his pleader
(d) only by the pleader & not by party.
Ans. (c)
80. Which of the following legal pleas need not be
pleaded:
(a) estoppel
(b) limitation
(c) res-judicata
(d) none of the above.
Ans. (d)
81. Which of the following must be stated in the
pleadings:
(a) facta probantia
(b) facta probanda
(c) both (a) & (b)
(d) neither (a) nor (b).
Ans. (b)
82. Under Order VI, Rule 15 of CPC pleading must be
verified by:
(a) all the parties
(b) any one of the parties
(c) all the parties if there are more than one or any one of the
parties
(d) only (a) & not (b).
Ans. (c)
83. In suits by or against a corporation, under Order
XXIX, Rule 1 of CPC, pleadings must be signed and
verified by:
(a) the secretary
(b) any director
(c) other principal officer able to depose
(d) either (a) or (b) or (c).
Ans. (d)
84. Furnishing of further particulars has been provided:
(a) under Order VI, Rule 4 of CPC
(b) under Order VI, Rule 5 of CPC
(c) under Order VI, Rule 6 of CPC
(d) under Order VI, Rule 7 of CPC.
Ans. (b)
85. Under Order VI, Rule 16 of CPC, the pleadings can be
ordered to be struck out:
(a) if are unnecessary, scandalous, frivolous or vexatious
(b) if tend to prejudice, embarrass or delay the fair trial
(c) if is an abuse of the process of the court
(d) all the above.
Ans. (d)
86. Pleading means:
(a) plaint only
(b) plaint and written statement
(c) written statement only
(d) plaint, written statement & replication.
Ans. (b)
87. Pleading has been defined:
(a) under Order VI, Rule 1 of CPC
(b) under Order VI, Rule 2 of CPC
(c) under Order VIII, Rule 1 of CPC
(d) under Order VIII, Rule 2 of CPC.
Ans. (a)
88. ‘Pleading’ can be altered or amended:
(a) under Order VI, Rule 17 of CPC
(b) under Order VI, Rule 16 of CPC
(c) under Order VI, Rule 9 of CPC
(d) under Order VI, Rule 10 of CPC.
Ans. (a)
89. ‘Pleading’ can be amended:
(a) before settlement of issues
(b) before conclusion of plaintiff evidence if plaintiff wants to
amend the plaint
(c) written statement
(d) at any stage of the proceedings.
Ans. (d)
90. 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
(b) amendment taking note of subsequent events
(c) amendment for correcting the misdescription of property
(d) all the above.
Ans. (d)
91. The provisions of amended Order VI, Rule 17 of CPC
do not apply:
(a) to the pleadings which were filed before the commencement of
the Amendment Acts of 1999 and 2002
(b) to the pleadings which have been filed after the
commencement of the Amendment Acts of 1999 and 2002
(c) to the pleadings which were filed/completed either before or
after the commencement of the Amendment Acts of 1999 and
2002
(d) either (b) or (c).
Ans. (a)
92. Pleading can be amended:
(a) before the trial court
(b) before the first appellate court
(c) before the second appellate court
(d) all the above.
Ans. (d)
93. Amendment in pleading shall be effective:
(a) from the date of the pleading
(b) from the date of the application
(c) from the date of the order
(d) either (b) or (c).
Ans. (a)
94. While considering whether an amendment is to be
granted or not:
(a) the court does not go into the merits of the matter and decides
whether or not the claim made therein is bona fide or not
(b) the court goes into the merits of the matter and decides
(c) the court may not go into the merits of the matter and decide
(d) the court may not go into the merits of the matter and decide
Ans. (a)
95. On the ground that an amendment may take the suit
out of the jurisdiction of that court:
(a) is a ground for refusing that amendment
(b) may be a ground for refusing that amendment
(c) is no ground for refusing that amendment
(d) either (a) or (b).
Ans. (c)
96. For the purpose of Order XIV, Rule 4 of CPC the
Court may adjourn the framing of issues to a date not
later than:
(a) 7 days
(b) 10 days
(c) 14 days
(d) 30 days.
Ans. (a)
97. Under Order XVI, Rule 1, sub-rule (4) summons may
be obtained by the parties within_________ of
presenting the list of witnesses:
(a) 5 days
(b) 7 days
(c) 9 days
(d) 10 days.
Ans. (b)
98. Under Order XVI, Rule 2 of CPC, the expenses, of a
witness for whom the summons have to be obtained,
shall be deposited by the party applying for the
summons within:
(a) 5 days of making the application
(b) 7 days of making the application
(c) 21 days of making the application
(d) 10 days of making the application.
Ans. (b)
99. The court instead of examining witnesses in open
court direct their statements to be recorded on
commission by virtue of:
(a) Rule 19 of Order XVIII of CPC
(b) Rule 4 of Order XVIII of CPC
(c) Rule 2 of Order XVIII of CPC
(d) Rule 3A of Order XVIII of CPC.
Ans. (a)
100. Copy of the judgment shall be made available to the
parties, under Order XX, Rule 1(2) of CPC:
(a) after 7 days from the pronouncement of judgment
(b) immediately after the pronouncement of judgment
(c) after 14 days from the pronouncement of judgment
(d) after 21 days from the pronouncement of judgment
Ans. (b)
Code of Civil Procedure: GK
Questions and Answers
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GK questions and answers on the code of civil procedure
especially compiled for students!
1. Which of the following deals with exemption of certain
women from personal appearance in the Code of Civil
Procedure?
A. Section 140
B. Section 103
C. Section 132
D. Section 100
Ans. C
2. Which of the following deals with reference to Code of
Civil Procedure and other repealed enactments in the
Code of Civil Procedure?
A. Section 145
B. Section 158
C. Section 148
D. Section 15
Ans. B
3. Which of the following deals with fixing day for appea-
rance of defendant in the Code of Civil Procedure?
A. Order 5, Rule 6
B. Order 2, Rule 2
C. Order 6, Rule 10
D. Order 4, Rule 8
Ans. A
4. Relief to be specifically stated under which of the
following in the Code of Civil Procedure?
A. Order 5, Rule 30
B. Order 9, Rule 12
C. Order 7, Rule 7
D. Order 10, Rule 22
Ans. C
5. Plaintiff may bring fresh suit or Court may restore suit
to file under which of the following in the Code of Civil
Procedure?
A. Order 5, Rule 30
B. Order 9, Rule 4
C. Order 6, Rule 10
D. Order 10, Rule 22
Ans. B
6. Which of the deals with using answers to
interrogatories at trial in the Code of Civil Procedure?
A. Order 11, Rule 22
B. Order 4, Rule 13
C. Order 6, Rule 10
D. Order 13, Rule 22
Ans. A
7. Which of the following deals with power to pronounce
judgment written by Judge’s predecessor in the Code of
Civil Procedure?
A. Order 12, Rule 5
B. Order 14, Rule 20
C. Order 20, Rule 2
D. Order 11, Rule 7
Ans. C
8. Court may pass decree contingent upon decision of
High Court under which of the following in the Code of
Civil Procedure?
A. Order 25, Rule 5
B. Order 46, Rule 2
C. Order 22, Rule 18
D. Order 16, Rule 10
Ans. B
9. In which of the following Explanation V of section 11
of the Code of Civil Procedure does not apply?
A. If the relief claimed is substantial relief
B. If the relief claimed is obligatory on the court to grant
C. Both (A) and (B)
D. None of these
Ans. C
10. The Amendment Act, 1976 for s. 82 of the Code of
Civil Procedure does away with the cumbersomeness
and time-consuming procedure by eliminating:
A. The requirement of time to be specified for execution
B. The requirement of a report by the court to the state
government if the decree has not been satisfied within the time set
out therein
C. Suspension of execution for a further period of three months
after the date of the report
D. All of these
Ans. D
11. Which of the following list of rules bar a fresh suit in
respect of the same cause of action under s. 12 of the
Code of Civil Procedure?
I. O. 2, r 2
II. O. 9, r 9
III. O. 22, r 9
IV. O. 23, r 1
A. I, II
B. Ill, IV
C. II, IV
D. All of these
Ans. D
12. The occasion for amendments arises in which of the
following ways?
I. Section 152 (amendment of clerical and arithmetical mistakes in
judgment decrees and orders)
II. Section 153 (amendment of proceedings in a suit by the court,
whether moves thereto by the parties or not, for the purpose of
determining the real question or issue between the parties)
III. Order 1, r 10, sub-r (2) (striking out or adding parties)
IV. Order 6, r 16 (amending your opponent’s pleading:
compulsory amendment)
V. Order 6, r 17 (amending your pleading: voluntary amendment)
A. I, II, IV
B. Ill, IV
C. II, V
D. All of these
Ans. D
13. At the stage of deciding the application for temporary
injunction, the court is required to go into the merits of
the case in detail. Which of the following the court has to
examine?
A. The plaintiff has a prima facie case to go for trial
B. The protection is necessary from that species of injuries known
as irreparable before his legal rights can be established
C. That the mischief of inconvenience likely to arise from
withholding injunction will be greater than what is likely to arise
from granting it
D. All of these
Ans. D
14. First hearing means:
A. The hearing of a suit for settlement of issues
B. The hearing of any adjournment thereof
C. Both (A) and (B)
D. None of these
Ans. C
15. Section 100-A of the Code of Civil Procedure, as
substituted by the Amendment Act of 2002 will not have
retrospective effect so as to bring within its fold even
appeals preferred prior to coming into force of the said
amendment with effect from 1-7-2002. Thus, a Letters
Patent Appeal, which was filed prior to the coming into
force of the said amendment, would be maintainable. In
which of the following cases it was so upheld?
A. UCO Bank v. Roopa Ram
B. Raga Ram v. Smt. Kokali
C. Kamla Devi v. Khushal Kanwar
D. None of these
Ans. C
16. A, alleging that he is the adopted son of X, sues B to
recover certain property granted to him by X under a
deed and forming part of the estate of X. The court finds
that A is not the adopted son of X; but that he is entitled
to the property under the deed and a decree is passed for
A.
A. The finding that A is not the adopted son of X, will not operate
as res judicata in a subsequent suit between A and B in which the
question of adoption is again put in issue
B. The finding that A is not the adopted son of X, will operate as
res judicata in a subsequent suit between A and B in which the
question of adoption is again put in issue
C. Either (A) or (B)
D. None of these
Ans. A
17. A sues B in 1869 to recover a talukdari estate from
him. The suit is dismissed on a finding that the estate
had become the absolute property of B under a
conditional sale made by A to B in 1853. A then sues B in
1875 for redemption of the same property, alleging that
he had mortgaged the property as absolute owner
thereof to B in 1854.
A. The suit is barred
B. The suit is not barred
C. The suit may or may not be barred.
D. None of these
Ans. B
18. The omission of a portion of a claim in a suit against
one of several promisors is no bar to a subsequent suit
against another promisor in respect of the portion so
omitted. A lets a house to B and C at a yearly rent of Rs
1,200. The rent for the whole of the years 1905, 1906 and
1907 is due and unpaid. A sues B in 1908 for the rent due
for 1907.
A. A cannot afterwards sue B for the rent due for 1905 or 1906
B. A can afterwards sue C for the rent due for 1905 or 1906
C. Both (A) and (B)
D. None of these
Ans. C
19. A lets his land to B for a period of five years, on
condition that if B fails to pay the rent every year, the
lease shall be void, B fails to pay the rent due for the
second year. Here A is entitled to sue B for:
A. recovery of the rent;
B. possession of the land on ground that the lease has become
void
C. both (A) and (B)
D. None of these
Ans. C
20. A sues, B, C and D the holder of a holding for rent
and an ex parte decree is passed against them. B alone
applies to set aside the decree.
A. The decree may be set aside as against B
B. The decree should not be set aside as against C and D
C. A decree for rent can be passed against some holders of a
holding without impleading the other holders
D. All of these
Ans. C
21. A mortgagee who brings to sale and purchases the
share of a party during the pendency of a suit for
partition.
A. may be made a party under O. 22, r 10
B. may not be made a party under O. 22, r 10
C. either (A) or (B)
D. None of these
Ans. A
22. Which of the following deals with suits for
immovable property situate within jurisdiction of
different Courts in the Code of Civil Procedure?
A. Section 17
B. Section 12
C. Section 13
D. Section 14
Ans. A
23. Which of the following deals with the Execution of
decrees passed by Revenue Court in places to which this
Code does not extend in the Code of Civil Procedure?
A. Section 44
B. Section 36
C. Section 40
D. Section 52
Ans. A
24. Which of the following deals with letter of request in
the Code of Civil Procedure?
A. Section 63
B. Section 72
C. Section 77
D. Section 78
Ans. C
25. Which of the following with the power of High Court
to determine issues of fact in the Code of Civil
Procedure?
A. Section 111
B. Section 105
C. Section 108
D. Section 103
Ans. D
26. Which of the following deals with exemption of other
persons in the Code of Civil Procedure?
A. Section 139
B. Section 137
C. Section 133
D. Section 140
Ans. C
27. Which of the following deals with power of Court to
order separate trials in the Code of Civil Procedure?
A. Order 4, Rule 1
B. Order 1, Rule 2
C. Order 3, Rule 3
D. Order 2, Rule 8
Ans. B
28. Which of the following deals with summons to order
defendant to produce documents relied on by him in the
Code of Civil Procedure?
A. Order 7, Rule 3
B. Order 5, Rule 7
C. Order 6, Rule 10
D. Order 4, Rule 8
Ans. B
29. Which of the following deals with return of plaint in
the Code of Civil Procedure?
A. Order 5, Rule 30
B. Order 7, Rule 10
C. Order 3, Rule 6
D. Order 10, Rule 22
Ans. B
30. Which of the following deals with the dismissal of
suit where plaintiff, after summons returned unserved,
fails for [seven days] to apply for fresh summons in the
Code of Civil Procedure?
A. Order 5, Rule 30
B. Order 4, Rule 13
C. Order 9, Rule 5
D. Order 10, Rule 22
Ans. C
31. Which of the following deals with order to apply to
minors in the Code of Civil Procedure?
A. Order 16, Rule 10
B. Order 11, Rule 23
C. Order 6, Rule 10
D. Order 13, Rule 22
Ans. B
32. Which of the following deals with the modes of
paying money under decree in the Code of Civil
Procedure?
A. Order 12, Rule 5
B. Order 21, Rule 1
C. Order 19, Rule 21
D. Order 11, Rule 7
Ans. B
33. Which of the following deals with application for
review of judgment in the Code of Civil Procedure?
A. Order 25, Rule 5
B. Order 47, Rule 1
C. Order 22, Rule 18
D. Order 16, Rule 10
Ans. B
34. What new does Explanation VII adds to section 11 of
Code of Civil Procedure?
A. It applies in express terms the provisions of this section to
execution proceedings
B. It provides an artificial construction by laying down that
references in the section to any suit for the execution of the decree
C. Both (A) and (B)
D. None of these
Ans. C
35. Reading the amended s. 89 of the Code of Civil
Procedure and the insertions of O. 10, which of the
following conditions should be satisfied before matter
could be referred to an Alternate Dispute Redressal?
I. Existence of elements of settlement in the opinion of the Court
II. The parties must share the opinion of the court
III. Formulation of the terms of settlement by the court
IV. The court should invite the observation of the parties on the
terms of settlement
V. Observations of the parties must be received by the court
VI. If need be, reformulate the terms of settlement and refer the
same for Alternate Dispute Redressal contemplated un s. 89 of the
Code of Civil Procedure
A. II, III
B. I, IV
C. I, V, VI
D. All of these
Ans. D
36. The amplitude of the expression ‘carries on business’
cannot however be restricted merely because it is used
in conjunction with the words ‘personally works for
gain.’ The expression is much wider than what the
expression in normal parlance connotes, because of the
ambit of a civil action within the meaning of s. 9 of the
Code, but which of the following necessary conditions
should concur?
A. The agent must be a special agent who attends exclusively to
the business of the principal and carries it on in the name of the
principal and not a general agent who does business for anyone
that pays him
B. The person acting as agent must be an agent in the strict sense
of the term. The manager of a joint Hindu family is an ‘agent’
within the meaning of this condition
C. To constitute ‘carrying on business’ at a certain place, the
essential part of the business must take place in that place
D. None of these
Ans. D
37. Verification of an affidavit is required by the law:
A. To satisfy the court about the authenticity of the allegations
made in the affidavit
B. To make the deponent accept responsibility for the same
C. Both (A) and (B)
D. None of these
Ans. C
38. On the basis of the different judgments, it is settled
that which of the following principles should be kept in
mind in dealing with the applications for amendment for
the pleading?
I. All amendments should be allowed which is necessary for
determination of the real controversies in the suit
II. The proposed amendment should not alter and be a substitute
of the cause of action on the basis of which the original list was
raised
III. Inconsistent and contradictory allegations in negation to the
admitted position of facts or mutually destructive allegations of
facts would not be allowed to be incorporated by means of
amendments
IV. Proposed amendments should not cause prejudice to the other
side which cannot be compensated by means of costs
V. Amendment of a claim or relief barred by time should not be
allowed
VI. No amendment should be allowed which amounts to or results
in defeating a legal right to the opposite party on account of lapse
of time
VII. No party should suffer on account of the technicalities of the
law and the amendment should be allowed to minimise the
litigation between the parties
VIII. The delay in filling the petitions for amendment of the
pleadings should be properly compensated by costs
IX. Error or mistake, which is not fraudulent, should not be made
to the ground for rejecting the application for amendments of
pleadings
A. I, II, IV, VII
B. III, IV, V, VIII
C. II, V, VII, IX
D. All of these
Ans. D
39. The word ‘restitution’ used in s. 144 of the Code of
Civil Procedure means:
A. Restoring to a party, on the variation or reversal of a decree,
what has been lost to him in execution of the decree though not
through proceedings under it
B. Restoring to a party, on the variation or reversal of a decree,
what has been lost to him directly in consequence of that decree
though not through proceedings under it
C. Both (A) and (B)
D. None of these
Ans. C
40. Where the plaintiff wanted to produce evidence to
rebut the evidence led by the defendants in respect of the
issue the burden of proving which was on the plaintiff
himself, the denial of permission by the trial Court was
held to be proper in which of the following cases?
A. Divali Bain v. Marji Bhai
B. Lilavati Devi v. Kelvin Jute & Co.
C. Dinesh Kumar v. State of Haryana
D. None of these
Ans. C
41. Interlocutory orders under s. 115 of the Code of Civil
Procedure fall under of the following heads?
A. Those from which an appeal lies under s. 104(1)
B. Those from which no appeal lies
C. Both (A) and (B)
D. None of these
Ans: C
42. Which of the following instances are suits to enforce
private rights?
I. A suit by a person claiming to be a co-trustee of a certain tiara
and entitled as such to a share with the defendant trustee in the
management and profits thereof
II. A suit by the trustees of a fire temple for the vindication of the
right of management which was vested in and actually being
exercised by them at the date of the obstruction by the defendants
III. A suit between two individuals, each claiming certain rights as
Mutawali over wakf property
IV. A suit between two persons as to which of them is the lawful
trustee of a charity
V. A suit by an idol as a juristic person against persons who
interferes unlawfully with the property of the idol or the income
thereof
VI. A suit of declaration that the plaintiff is entitled to appoint
Mutawallis
A. I, II, IV
B. Ill, V, VI
C. II, V, VI
D. All of these
Ans: D
43. In determining the number of witnesses, the court
should take into account which of the following
guidelines?
I. Nature of litigation
II. Number of the issues required to be proved
III. Nature of the issues
IV. The fact as to on whom the onus has been laid
V. The specified purpose for which a particular witness is required
to be produced
A. I, II, IV
B. Ill, IV
C. II, V
D. All of these
Ans: D
44. Judgment-debtor means:
A. Any person against whom a decree has been passed
B. An order capable of execution has been made
C. Either (A) or (B)
D. None of these
Ans: C
45. The words ‘any director’ in O. 29, r 3 means:
A. Only the director who has signed and verified the pleading or
on whom the summons has been served
B. Any of the directors who is in the position to answer material
questions relating to the suit
C. either (A) or (B)
D. None of these
Ans: B
46. A sues B for rent in kind for betel trees for the year
1897- 98 alleging that B was liable to pay. B applied for
time to file a written statement which was refused. The
only issue raised was as to amount of produce and the
suit was decreed. Next year, A again sued B for rent in
kind for 1898-99 and B pleaded that he was not liable to
pay any rent.
A. Here, the question B’s liability for all years was alleged in the
previous suit and was not therefore, directly and substantially in
issue and that suit cannot barred by res judicata
B. Here, the question B’s liability for all years was not alleged in
the previous suit and was therefore, directly and substantially in
issue and that suit is barred by res judicata
C. Here, the question B’s liability for all years was not alleged in
the previous suit and was not therefore, directly and substantially
in issue and that suit is not barred by res judicata
D. None of these
Ans: C
47. In execution of a decree obtained by A against B, the
properties of the latter were attached. B then sold them
to C. The properties were then sold in execution and
purchased by D.
A. The title of C can prevail against that of D even though he had
acquired the interest of the decree-holder prior to sale
B. The title of C cannot prevail against that of D even though he
had acquired the interest of the decree- holder prior to sale
C. Either (A) or (B)
D. None of these
Ans: B
48. Thirteen firemen, who were engaged on board a
steamer, were all arrested under one warrant on a
charge of desertion, and they were all tried together and
sentenced to one month’s imprisonment. The term of
imprisonment expired on 5th May, but they were not
released on that date. Thereupon, all the thirteen
brought a suit against the superintendent of the jail for
damages for wrongful detention.
A. The causes of action were distinct and separate and could not
be joined in one suit
B. The causes of action could be joined in one suit on the ground
of unlawful detention
C. Either (A) or (B)
D. None of these
Ans: A
49. A filed a suit for a declaration that, he was the
adopted son of the last owner, and alleged in the plaint
that he was in possession of the properties and the court
held that his adoption was established, but that he was
not in possession, and therefore, dismissed the suit as
barred under s. 42 of the Specific Relief Act 1877 (Now
replaced by the Specific Relief Act).
A. The second suit for possession would be barred under r 2
B. The second suit for possession was not barred under r 2
C. Either (A) or (B)
D. None of these
Ans: B
50. A sues B and C for Rs. 1,000.
A. B cannot set-off a debt due to him alone by C
B. B cannot set-off a debt due to him alone by A
C. Either (A) or (B)
D. None of these
Ans: B
51. A sues B for damages for malicious arrest. Pending
the suit, B dies.
A. The suit abates
B. The suit does not abate c,
C. Either (A) or (B)
D. None of these
Ans: A
52. A mortgages two properties X and Y to B.
Subsequently by reason of the wrongful act of A, B is
deprived of part of his security, namely property, Y. B
thereupon sues A under s 68 of the Transfer of Property
Act, and obtains a personal decree for the mortgage debt
against A. In execution of the decree B applies for sale of
property X. At this date B’s remedy on the mortgage had
become barred by limitation.
A. The mortgage not being a subsisting mortgage (and A not
having to redeem it), B, is not entitled to have property X sold in
execution without bringing a regular suit for sale on the mortgage
B. The mortgage not being a subsisting mortgage (and A not
having to redeem it), B, is entitled to have property X sold in
execution without bringing a regular suit for sale on the mortgage
C. B. The mortgage not being a subsisting mortgage (and A not
having to redeem it), B, is entitled to have property X sold in
execution by bringing a regular suit for sale on the mortgage
D. None of these
Ans: B
53. Which of the following deals with service of foreign
summonses in the Code of Civil Procedure?
A. Section 18
B. Section 20
C. Section 29
D. Section 25
Ans: C
54. Which of the following deals with Prohibition of
arrest or detention of women in execution of decree for
money in the Code of Civil Procedure?
A. Section 43
B. Section 56
C. Section 59
D. Section 54
Ans: B
55. Which of the following deals with where interpleader
suit may be reinstituted in the Code of Civil Procedure?
A. Section 90
B. Section 88
C. Section 92
D. Section 82
Ans: B
56. Which of the following deals with part to apply only
to certain High Courts in the Code of Civil Procedure?
A. Section 111
B. Section 103
C. Section 116
D. Section 100
Ans: C
57. Which of the following deals with enforcement of
liability of surety in the Code of Civil Procedure?
A. Section 145
B. Section 103
C. Section 148
D. Section 153
Ans: A
58. Suit to include the whole claim under which of the
following in the Code of Civil Procedure?
A. Order 2, Rule 2
B. Order 7, Rule 9
C. Order 3, Rule 3
D. Order 4, Rule 8
Ans: A
59. Which of the following deals with summonses to be
sent to officer of foreign countries in the Code of Civil
Procedure?
A. Order 5, Rule 26A
B. Order 9, Rule 12
C. Order 6, Rule 10
D. Order 10, Rule 8
Ans: A
60. Particulars of set-off to be given in written
statements under which of the following in the Code of
Civil Procedure?
A. Order 5, Rule 30
B. Order 8, Rule 6
C. Order 6, Rule 10
D. Order 10, Rule 22
Ans: B
61. Which of the following deals with the appearance
before the court consequent to the failure of efforts of
conciliation in the Code of Civil Procedure?
A. Order 5, Rule 30
B. Order 4, Rule 13
C. Order 6, Rule 10
D. Order 10, Rule 1C
Ans: D
62. Court may order any document to be impounded
under which of the following in the Code of Civil
Procedure?
A. Order 17, Rule 5
B. Order 4, Rule 13
C. Order 6, Rule 10
D. Order 13, Rule 8
Ans: D
63. Which of the following deals with proceedings to be
held in camera in the Code of Civil Procedure?
A. Order 12, Rule 1
B. Order 10, Rule 9
C. Order 32A, Rule 2
D. Order 17, Rule 10
Ans: C
64. Section 9 of the Code of the Civil Procedure provides
that a civil court shall have jurisdiction:
A. To try all suits of a civil nature
B. To avoid suits of which their cognizance is expressly barred
C. To avoid suits of which their cognizance is impliedly barred
D. All of these
Ans: D
65. In the case of Sir Srinivas Co. v. Firm VDHA Sethi an
Andhra Pradesh case lays down which of the following
propositions as regards interest for the post decretal
period?
I. Where loan is a commercial transaction, even if there is no
contract for payment of interest, interest can be allowed for the
post-decretal period
II. In such a transaction, the proviso to s. 34 enables the court to
award interest at the rate currently allowed by nationalised banks
on deposits
III. But the claimant must adduce acceptable evidence as to the
current rate so allowable by banks
IV. In the absence of such evidence, the court can allow
reasonable rate of interest
V. In the particular case, award (by the trial court) of interest at
the rate of 12 percent per annum for the post- decretal period was
held not to be wrong or incorrect
A. I, III
B. II, IV
C. IV, V
D. All of these
Ans: D
66. Which of the following are instances of exceptional
cases which have been held to justify revision, although
a remedy by suit was available?
I. An order refusing to inquire into an objection to an attachment
when the applicant was under the impression that the attachment
had ceased and that it was not necessary to file a suit under O. 21,
r 63
II. An order dispossessing a judgment-debtor under O, 21, r 98,
although the decree-holder purchaser had agreed to allow him to
remain in possession
III. A decree under s. 9 of the Specific Relief Act, 1877, when the
court had no jurisdiction at all, the summary suit being barred by
the provisions of the Tenancy Act
IV. When the court actually refused jurisdiction to entertain an
application for a review based on an allegation of fraud
V. If the facts and circumstances show that trail court has
disposed of the case on an obvious misapprehension as to legal
position
A. II, III
B. I, IV
C. I,V
D. All of these
Ans: D
67. Which of the following are instances of suits for a
declaration and for possession of trust properly against
third persons, that is, strangers to the trust?
I. A suit for the declaration that property belongs to wakf can be
maintained by Mahommedan interested in the wakf without the
sanction of the Advocate- General
II. A suit by the disciples of a mutt for a declaration that the
defendant was not the duly appointed successor to the late head of
the mutt, and that he was in possession under a false claim of
title, and for evicting the defendant from the mutt properties
III. A suit for a declaration that a certain piece of land of which it
was alleged that the defendants had taken wrongful possession
was a public graveyard and for the eviction of the defendants from
the land
IV. A suit to set aside an alienation of trust property alleged to
have been wrongfully made by the trustees and for the recovery of
property from the alienee
V. A suit by the trustees of a temple against the manager and
treasurer of the temple for accounts and for a decree for what may
be found due on taking such accounts
VI. A suit by the newly appointed trustees of an imambara for
possession of the imambara against a former trustee who has
been dismissed
A. I, II, IV
B. Ill, V, VI
C. II, V, VI
D. All of these
Ans: D
68. In a Kerala case, Vincent v. Aisumma, which of the
following propositions were laid down regarding
mandatory injunctions:
A. Under O. 39, r 1 a mandatory injunction can be applied for
B. An application can be made even by a defendant under O. 39, r
1 (a)
C. If such an application is dismissed, the order of dismissal is
appealable under O. 43, r l(r)
D. All of these
Ans: D
69. Legal representative means:
A. A person who in law represents the estate of a deceased person
B. Any person who intermeddles with the estate of the deceased
and where a party sues or is sued in a representative character the
person on whom the estate devolves on the death of the party so
suing or sued
C. Both (A) and (B)
D. None of these
Ans: C
70. The words ‘is not possessed of sufficient means’ in O.
33, r 1 refer:
A. To property over which the petitioner has actual control
B. To dower debt due by the petitioner’s husband
C. To sufficient property and excludes sole means of livelihood
D. None of these
Ans: A
71. 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) 20 days
(c) 30 days
(d) 15 days
Ans. (d)
72. 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
(b) as to introduce an entirely new & inconsistent case
(c) as to take away a right of the defendant which has accrued to
him by lapse of time
(d) as to withdraw the admission made.
Ans. (a)
73. Amendment allowed under Order VI, Rule 17 of CPC
must be carried on, in cases no time is fixed for carrying
on the amendment, within:
(a) 10 days
(b) 14 days
(c) 15 days
(d) 30 days.
Ans. (b)
74. Under Order VII, Rule 14 of CPC, the documents:
(a) must be filed along with the plaint
(b) can be filed at the time of framing of issues
(c) can be filed at any time after the framing of issue
(d) during the evidence.
Ans. (a)
75. Set-off is a:
(a) reciprocal agreement between the plaintiff and defendant
(b) reciprocal ascertainment of debts between the parties
(c) both (a) & (b)
(d) neither (a) nor (b).
Ans. (b)
76. Set-off can be claimed:
(a) in any suit
(b) in a recovery of money suit only
(c) either (a) or (b)
(d) neither (a) nor (b).
Ans. (b)
77. Set-off can be of:
(a) ascertained sum of money
(b) an unascertained sum of money
(c) may be ascertained or may be unascertained
(d) only (b) & not (a).
Ans. (a)
78. Set-off can be:
(a) legal set-off
(b) equitable set-off
(c) both (a) & (b)
(d) either (a) or (b).
Ans. (c)
79. In set-off, court fee is:
(a) payable
(b) not-payable
(c) discretionary
(d) only (b) not (a).
Ans. (a)
80. In a written statement, a defendant can claim:
(a) set-off
(b) counter-claim
(c) both set-off & counter claim
(d) either (a) or (b).
Ans. (c)
81. Which of the following, in respect of set-off is
correct:
(a) set-off can be claimed in a suit for 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.
Ans. (d)
82. Which of the following can exceed the pecuniary
jurisdiction of the court:
(a) set-off
(b) counter-claim
(c) both set-off & counter-claim
(d) neither set-off nor counter-claim.
Ans. (d)
83. A right to set-off has been granted:
(a) under Order VIII, Rule 6 of CPC
(b) under Order VIII, Rule 6A of CPC
(c) under Order VIII, Rule 6B of CPC
(d) under Order VIII, Rule 6C of CPC.
Ans. (a)
84. Propositions are:
I. Set-off and counter-claim arises out of the same transaction.
II. 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.
III. 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:
(a) all I, II & III are correct
(b) I & II are correct III is incorrect
(c) I & III are correct II is incorrect
(d) II & III are correct I is incorrect.
Ans. (d)
85. A right to counter-claim has been provided:
(a) under Order VIII, Rule 6A of CPC
(b) under Order VIII, Rule 6B of CPC
(c) under Order VIII, Rule 6C of CPC
(d) under Order VIII, Rule 6D of CPC.
Ans. (a)
86. If in any case in which the defendant sets up a
counter-claim the suit of the plaintiff is stayed,
discontinued or dismissed, the counter-claim:
(a) is liable to be stayed, discontinued or dismissed
(b) can nevertheless be proceeded with
(c) is liable to be stayed but not discontinued or dismissed
(d) is liable to be dismissed & not stayed or discontinued.
Ans. (b)
87. Default in filing of written statement has been dealt
with:
(a) under Order VIII, Rule 8 of CPC
(b) under Order VIII, Rule 9 of CPC
(c) under Order VIII, Rule 10 of CPC
(d) under Order VIII, Rule 7 of CPC.
Ans. (c)
88. On default in filing of written statement under Order
VIII, Rule 10 of CPC, pronouncement of judgment:
(a) is mandatory
(b) discretionary
(c) directory
(d) either (a) or (b).
Ans. (b)
89. On failure to file the written statement, under Order
VIII, Rule 10 of CPC the court:
(a) may pronounce the judgment at once
(b) may order for striking off the defence
(c) may pass any other order
(d) either (a) or (b) or (c).
Ans. (d)
90. Where the plaintiff fails to pay the court fee or postal
charges for service of summons of the suit, on the
defendant, the suit can be dismissed under:
(a) Order IX, Rule 1 of CPC
(b) Order IX, Rule 2 of CPC
(c) Order IX, Rule 3 of CPC
(d) Order IX, Rule 8 of CPC.
Ans. (b)
91. Where on the date fixed for hearing of a suit, neither
of the party appears, the dismissal of the suit shall be:
(a) under Order IX, Rule 1 of CPC
(b) under Order IX, Rule 2 of CPC
(c) under Order IX, Rule 3 of CPC
(d) under Order IX, Rule 8 of CPC.
Ans. (c)
92. Under Order IX, Rule 2 of CPC a suit can be
dismissed:
(a) when on the date fixed for hearing in a suit, neither of the
parties appear
(b) when on the date fixed for hearing, the defendant(s) appears
but the plaintiff does not appear
(c) when the plaintiff fails to pay the court fee or postal charges
for the service of summons of the suit to the defendant(s)
(d) all the above.
Ans. (c)
93. A suit can be dismissed in default:
(a) under Order IX, Rule 2 of CPC
(b) under Order IX, Rule 3 of CPC
(c) under Order IX, Rule 8 of CPC
(d) both (b) & (c).
Ans. (d)
94. Order IX, Rule 3 of CPC applies:
(a) when on the date fixed for hearing in a suit neither party
appears
(b) when on the date fixed for hearing in a suit only defendant
appears & the plaintiff does not appear
(c) when the plaintiff fails to pay the court fee or postal charges
for service of summons of the suit on the defendant(s)
(d) all the above.
Ans. (a)
95. Under Order IX, Rule 4 of CPC a suit can be restored
if dismissed:
(a) under Order IX, Rule 2 of CPC
(b) under Order IX, Rule 3 of CPC
(c) under Order IX, Rule 8 of CPC
(d) only under (a) & (b).
Ans. (d)
96. 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
(c) not barred if within limitation
(d) either (a) or (b).
Ans. (c)
97. Under Order IX, Rule 8 of CPC, a suit can be
dismissed if:
(a) on the date of hearing only the defendant appears and the
plaintiff does not appear
(b) on the date of hearing neither party appears
(c) court fee or postal charges are not paid by the plaintiff for
issuance of summons to the defendant
(d) all the above.
Ans. (a)
98. A suit dismissed under Order IX, Rule 8 of CPC, can
be restored:
(a) under Order IX, Rule 4 of CPC
(b) under Order IX, Rule 9 of CPC
(c) both under (a) and (b)
(d) neither under (a) nor (b).
Ans. (b)
99. Under Order IX, Rule 8 of CPC, for nonappearance
of the plaintiff, a suit cannot be dismissed:
(a) if the defendant admitted the whole claim of the plaintiff
(b) if the defendant admits the claim of the plaintiff in part, to the
extent of claim admitted
(c) both (a) and (b)
(d) neither (a) nor (b).
Ans. (c)
100. After dismissal of suit under Order IX, Rule 8 of
CPC, a fresh suit on the same cause of action, under
Order IX, Rule 9 of CPC:
(a) is barred
(b) is not barred under any circumstances
(c) is not barred subject to law of limitation
(d) either (b) or (c).
Ans. (a)
101. An application for restoration of the suit under
Order IX, Rule 4 of CPC or under Order IX, Rule 9 of
CPC, must be made, within:
(a) 15 days of dismissal
(b) 30 days of dismissal
(c) 60 days of dismissal
(d) 90 days of dismissal.
Ans. (b)
102. Order IX, Rule 6 of CPC provides for procedure
when only the plaintiff appears and defendant does not
appear on the date of hearing in the contingency:
(a) when summons duly served on the defendant
(b) when summons served on the defendant but not within
sufficient time
(c) when summons not duly served
(d) all the above.
Ans. (d)
103. Under Order IX, Rule 6 of CPC:
(a) defence of the defendant can be struck of
(b) defendant can be proceeded against ex-parte
(c) judgment can be pronounced against the defendants
(d) all the above.
Ans. (b)
104. 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
(c) under Order IX, Rule 11 of CPC
(d) under Order IX, Rule 13 of CPC.
Ans. (a)
105. An application under Order IX, Rule 7 of CPC can be
made:
(a) within 30 days of the Order
(b) within 60 days of the Order
(c) any time during the pendency of the suit
(d) at any time on or before the next date of hearing.
Ans. (d)
106. Where a plaintiff, who is ordered to appear in
person, fails to appear, under Order IX, Rule 12 of CPC,
the suit of the plaintiff is liable to be:
(a) stayed
(b) dismissed
(c) either stayed or dismissed
(d) neither stayed nor dismissed.
Ans. (b)
107. Where a defendant, who has been ordered to appear
in person, fails to appear, under Order IX, Rule 12 of
CPC:
(a) the defence of the defendant is liable to be struck off
(b) the defendant is liable to be proceeded ex-parte
(c) either (a) or (b)
(d) neither (a) nor (b).
Ans. (b)
108. An ex-parte decree can be set aside:
(a) under Order IX, Rule 7 of CPC
(b) under Order IX, Rule 11 of CPC
(c) under Order IX, Rule 13 of CPC
(d) under Order IX, Rule 12 of CPC.
Ans. (c)
109. An ex-parte decree can be set aside on the ground
of:
(a) summons not duly served
(b) being prevented by any sufficient cause from appearance
(c) non-appearance due to non-availability of documents with the
plaint
(d) both (a) & (b).
Ans. (d)
110. Remedies available against an ex-parte decree
include:
(a) appeal
(b) review
(c) application for setting aside the decree
(d) all the above.
Ans. (d)

Code of Civil Procedure:

Questions and Answers for
Competitive Exams
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Questions and answers on the code of civil procedure for UPSC,
civil services, IAS, Indian judicial service and other competitive
exams!
1. A suit by reversioners against a Hindu widow, for a
declaratory decree and for an injunction forbidding
alienations of her husband’s property:
A. Is a bar to a subsequent suit by them for a declaration that a
gift made by her of the property is operative but cannot affect
their reversionary rights
B. Is no bar to a subsequent suit by them for a declaration that a
gift made by her of the property is inoperative but can affect their
reversionary rights
C. Is no bar to a subsequent suit by them for a declaration that a
gift made by her of the property is inoperative and cannot affect
their reversionary rights
D. None of these
Ans: C
2. A sues B, his master, for Rs. 800 being arrears of
salary. B claims to set-off? 625, being the loss sustained
by him by reason of neglect and misconduct on the part
of A as his servant.
A. B is entitled to claim the set-off, as his claim arises out of the
same relation from which A’s claim arose namely, that of master
and servant
B. B is not entitled to claim the set-off, as his claim arises out of
the same relation from which A’s claim arose namely, that of
master and servant
C. Either (A) or (B)
D. None of these
Ans: A
3. A sues B for damages for personal injury and obtains a
decree for Rs. 2,000. B appeals from the decree on the
ground that he is not liable. A files cross objections
claiming enhanced damages. Pending the appeal B dies.
A. B’s legal representative may carry on the appeal to get rid of the
decree
B. A’s cross objections claiming more damages on the original
right of suit abate
C. Both (A) and (B)
D. None of these
Ans: C
4. Which of the following deals with subordination of
Courts in the Code of Civil Procedure?
A. Section 2
B. Section 6
C. Section 3
D. Section 4
Ans: C
5. Which of the following deals with judgment and
decree in the Code of Civil Procedure?
A. Section 30
B. Section 29
C. Section 33
D. Section 25
Ans: C
6. Which of the following deals with the property liable
to attachment and sale in execution of decree in the Code
of Civil Procedure?
A. Section 43
B. Section 60
C. Section 59
D. Section 54
Ans: B
7. Which of the following deals with public charities in
the Code of Civil Procedure?
A. Section 90
B. Section 88
C. Section 92
D. Section 82
Ans: C
8. Which of the following deals with provisions not
applicable to High Court in original civil jurisdiction in
the Code of Civil Procedure?
A. Section 111
B. Section 103
C. Section 120
D. Section 100
Ans: C
9. Which of the following deals with the right to lodge a
caveat in the Code of Civil Procedure?
A. Section 148A
B. Section 144B
C. Section 149C
D. Section 153A
Ans: A
10. Which of the following deals with appearances, etc.,
may be in person, by recognized agent or by pleader in
the Code of Civil Procedure?
A. Order 8, Rule 1
B. Order 2, Rule 2
C. Order 3, Rule 1
D. Order 4, Rule 8
Ans: C
11. Which of the following deals with the substitution of
letter for summons in the Code of Civil Procedure?
A. Order 5, Rule 30
B. Order 9, Rule 12
C. Order 6, Rule 10
D. Order 10, Rule 8
Ans: A
12. Which of the following deals with the effect of discon-
tinuance of suit in the Code of Civil Procedure?
A. Order 5, Rule 30
B. Order 8, Rule 6D
C. Order 6, Rule 10
D. Order 10, Rule 22
Ans: B
13. Which of the following deals with the objections to
interrogatories by answer in the Code of Civil
Procedure?
A. Order 11, Rule 6
B. Order 4, Rule 13
C. Order 6, Rule 10
D. Order 13, Rule 22
Ans: A
14. Which of the following deals with materials from
which issues may be framed in the Code of Civil
Procedure?
A. Order 12, Rule 5
B. Order 17, Rule 13
C. Order 6, Rule 10
D. Order 14, Rule 3
Ans: D
15. Which of the following deals with agreement to be
filed and registered as suit in the Code of Civil
Procedure?
A. Order 12, Rule 1
B. Order 36, Rule 3
C. Order 33, Rule 18
D. Order 17, Rule 10
Ans: B
16. Where a special status creates a special right or
liability and provides for it determines by a special
forum, the jurisdiction of ordinary courts is still not
ousted where:
A. The relevant section in the special statute provides that the
finality is ‘for the purposes of this Act’ (and not generally or for all
other purpose)
B. The statue does not lay down that all questions about the
special right etc. shall be determined by the special forum
C. If the remedy provided is not adequate to do all which a civil
court can do
D. All of these
Ans: D
17. Which of the following did the High Court of Bombay
stated in Jamaithram v. Custodian of Evacuee Property,
discussing the rights of a solicitor with respect to his
costs?
A. He can obtain an order in Chamber for payment of his costs
and execute it against his client as a decree
B. He has got a lien over any property recovered or proceeds of
any judgment obtained by his exertion
C. He can obtain a charging order
D. All of these
Ans: D
18. In order that s. 144 of the Code of Civil Procedure,
would be applicable, which of the following conditions
must be satisfied?
A. The restitution sought must be in respect of the decree or order
which had been varied or reversed
B. The party applying for restitution must be entitled to a benefit
under a reversing decree or order
C. The relief claimed must be properly consequential on the
reversal or variation of the decree or order
D. All of these
Ans: D
19. In law, the term ‘restitution’ is used in which of the
following senses?
A. Return or restoration of some specific thing to its rightful
owner or status
B. Compensation for benefits derived from a wrong done to
another
C. Compensation or reparation for the loss caused to another
D. All of these
Ans: D
20. An administration suit can be maintained by:
I. A creditor of the deceased, when his claim is not paid off, by the
legal representatives of the deceased
II. A legatee, whether specific or pecuniary, where the legacy is
not paid to him by the legal representatives of the deceased
III. The next-of-kin of the deceased, for their share in the estate of
the deceased
IV. An executor or administrator, when there are disputes
amongst the legatees or next-of-kin as to the amount of the
property left by the deceased and the amount to which the
legatees or next-of-kin are entitled
A. I, III, IV
B. II, IV
C. Ill, IV
D. All of these
Ans: D
21. Rules means:
A. Rules and forms contained in the First Schedule
B. Rules made under s. 122 of the Code of Civil Procedure
C. Rules made under s. 125 of the Code of Civil Procedure
D. All of these
Ans: D
22. The words ‘just and convenient’ in O. 40, r 1 means:
A. That the court is to appoint a receiver simply because the court
thinks it convenient
B. That the court should appoint a receiver for the protection of
rights
C. That the court should appoint a receiver for the prevention of
injury according to legal principles
D. Both (B) and (C)
Ans: D
23. Provision relating to execution of decrees is
contained in:
(a) Order XXI
(b) Order XXV
(c) Order XXXIII
(d) Order XXXVI.
Ans. (a)
24. 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
(d) only in the court and not out of the court.
Ans. (c)
25. Application for execution of a decree is to be made:
(a) to the court which passed the decree
(b) to the court of small causes
(c) to the district court
(d) to the High Court.
Ans. (a)
26. An executing court:
(a) can modify the terms of the decree
(b) can vary the term of the decree
(c) can modify and vary the terms of the decree
(d) can neither modify nor vary the terms of the decree.
Ans. (d)
27. A decree for execution:
(a) cannot be transferred to another court
(b) can be transferred to another court
(c) may or may not be transferred
(d) either (a) or (c).
Ans. (b)
28. Transfer of a decree for execution to another court
has been dealt with:
(a) under section 37 of CPC
(b) under section 38 of CPC
(c) under section 39 of CPC
(d) under section 40 of CPC.
Ans. (c)
29. A decree can be transferred for execution to another
court:
(a) if the judgment debtor actually & voluntarily resides or carries
on business, or personally works for gain, within the local limits of
that other court
(b) if the judgment debtor does not have sufficient property to
satisfy the decree within the local limits of the court, passing the
decree and has property within the local limits of that other court
(c) if the decree directs sale or delivery of immovable property
situate outside the jurisdiction of the court passing the decree
(d) all the above.
Ans. (d)
30. Law does not require issuance of notice of the
application for execution of a decree, to the 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.
Ans. (b)
31. 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
(b) where the execution application is made against the legal
representatives of the judgment debtor even it made within two
years of the decree
(c) 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.
Ans. (d)
32. Provisions of section 39 of CPC are:
(a) permissive & not mandatory
(b) mandatory & not permissive
(c) mandatory & discretionary
(d) none of the above.
Ans. (a)
33. Words ‘competent jurisdiction’ under section 39 of
CPC refers to:
(a) pecuniary jurisdiction of the transferee court
(b) territorial jurisdiction of the transferee court
(c) pecuniary and territorial jurisdiction of the transferee court
(d) subject matter jurisdiction of the transferee court.
Ans. (c)
34. 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
(c) not be stayed by the court passing the decree under any
circumstances
(d) either (a) or (c).
Ans. (b)
35. A decree for execution cannot be sent to a:
(a) foreign court
(b) court outside India established by the authority of Central
Government
(c) both (a) & (b)
(d) neither (a) nor (b).
Ans. (a)
36. In case of a joint decree, the execution must be
applied:
(a) by all the decree holders
(b) by more than one decree holders
(c) by one decree holder
(d) either by one or more or all the decree holders.
Ans. (d)
37. Execution of a decree can be applied for:
(a) against the judgment debtor personally
(b) in case of the judgment debtor being dead, against the legal
representatives of the judgment debtor
(c) against the person whom the court directs
(d) both (a) & (b).
Ans. (d)
38. Which of the following statements are correct:
(a) the executing court must take the decree at it stands
(b) the executing court cannot go into the question whether the
decree has been obtained by fraud
(c) the executing court cannot question the legality, correctness or
validity of the decree
(d) all the above.
Ans. (d)
39. 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.
Ans. (d)
40. Precept is:
(a) a transfer of the decree
(b) an order to another competent court to attach any property of
the judgment debtor
(c) an execution of decree
(d) all the above.
Ans. (b)
41. Attachment of property under a precept shall remain
valid for a period of:
(a) 90 days until extended
(b) 60 days until extended
(c) 30 days until extended
(d) till further order.
Ans. (b)
42. Under section 47 of CPC, all questions arising
between the parties to the suit, relating to execution,
discharge or satisfaction of the decree have to be
decided:
(a) by the executing court
(b) by a separate suit
(c) either (a) or (b)
(d) both (a) & (b).
Ans. (a)
43. Section 47 of CPC is:
(a) mandatory and bars a suit
(b) mandatory and bars a defence
(c) mandatory and bars a suit as well as a defence
(d) directory.
Ans. (c)
44. Section 47 of CPC applies:
(a) to the objections raised to the execution by the parties to the
suit
(b) to the objections raised to the execution by the third parties
(c) both (a) & (b)
(d) either (a) or (b).
Ans. (a)
45. Where a judgment debtor dies before the decree has
been fully satisfied, the same can be executed against:
(a) any one of the legal representatives of the judgment debtor in
its entirety
(b) against all the legal representatives
(c) against any member of the legal representatives as the decree
holder wants
(d) against the legal representative, as directed by the court.
Ans. (b)
46. In execution of decree against legal representatives,
the liability of the legal representative under section 50
of CPC:
(a) 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
(c) extends to his personal property in cases where he has not
inherited anything
(d) either (b) or (c).
Ans. (a)
47. Under section 47 of CPC parties to the suit means:
(a) the parties themselves
(b) the representatives of the parties
(c) the auction purchaser in execution of decree
(d) all the above.
Ans. (d)
48. Modes of execution of a decree have been stated in:
(a) section 48 of CPC
(b) section 49 of CPC
(c) section 51 of CPC
(d) section 52 of CPC.
Ans. (c)
49. Omission to give notice, under Order 21, Rule 22 of
CPC, of the execution is a defect which renders the
execution:
(a) null & void
(b) irregular
(c) voidable
(d) valid.
Ans. (a)
50. Arrest of a person in execution of a decree has been
provided:
(a) under section 53 of CPC
(b) under section 54 of CPC
(c) under section 55 of CPC
(d) under section 56 of CPC.
Ans. (c)
51. Who can be arrested in execution of a decree:
(a) a man
(b) a woman
(c) a minor
(d) all the above.
Ans. (a)
52. Section 56 of CPC prohibits, arrest & detention, in
execution of a decree, of:
(a) a minor boy
(b) a minor girl
(c) a woman
(d) all the above.
Ans. (c)
53. Imprisonment in execution of a decree can be:
(a) rigorous imprisonment
(b) simple imprisonment
(c) civil imprisonment
(d) either (a) or (b) or (c) as per the discretion of the court.
Ans. (c)
54. Maximum period of detention where the decree is for
more than Rs.5,000 is:
(a) six weeks
(b) two months
(c) three months
(d) six months.
Ans. (c)
55. 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.
Ans. (a)
56. No arrest & detention in civil imprisonment can be
made if the decree is for payment of:
(a) not exceeding Rs.500
(b) not exceeding Rs.1,000
(c) not exceeding Rs.1,500
(d) not exceeding Rs.2,000.
Ans. (d)
57. Civil imprisonment in execution of a decree can be
awarded if the decree is for minimum:
(a) Rs.500
(b) Rs.1,000
(c) Rs.2,000
(d) Rs.5.000.
Ans. (c)
58. Arrest & detention of a person in civil imprisonment
in execution of the decree:
(a) absolves him from liability under the decree but can be re-
arrested
(b) does not absolve him but the person cannot be re-arrested
(c) does not absolve him and the person can be re-arrested
(d) absolves him from the liability altogether and cannot be re-
arrested.
Ans. (b)
59. A person arrested & detained in civil imprisonment
in execution of a decree can be released:
(a) on payment of the outstanding amount
(b) on the ground of illness of self
(c) on the ground of illness of a member of his family
(d) only (a) or (b) not (c).
Ans. (d)
60. Property liable to attachment and sale in execution
of decree is mentioned:
(a) under section 59 of CPC
(b) under section 60 of CPC
(c) under section 61 of CPC
(d) under section 62 of CPC.
Ans. (b)
61. Which of the following properties of a judgment
debtor are liable to be attached:
(a) personal ornaments of religious usage of a woman
(b) tools of artisan & cattle & seed-grain
(c) books of accounts
(d) shares in a corporation & Government securities.
Ans. (d)
62. Which of the following properties cannot be attached
in execution of a decree:
(a) penricus
(b) promissory notes
(c) house or other building
(d) Hundi.
Ans. (a)
63. A suit for Rs 900 is pending in the small cause court
at Ahmedabad. Application is made to transfer it to the
court of the second class sub-judge at Ahmedabad whose
jurisdiction extends to Rs 5,000, but who is invested
with small cause court power up to Rs300.
A. The High Court has power to make the transfer, for the suit is
within the pecuniary jurisdiction of the first class sub-judge
B. The High Court has power to make the transfer, for the suit is
within the pecuniary jurisdiction of the second class sub-judge
C. either (A) or (B)
D. None of these
Ans. B
64. A in 1896 makes a gift of her property to B who
mortgages it to C. C sues for sale on his mortgage and
purchases the property himself in 1918. A who is still in
possession sues C in August 1918 for a declaration of her
title on the ground that the deed of gift was null and
void. In the course of the suit, A applies for leave to
amend her plaint and to plead an alternative case that
even if the deed of gift is valid, C’s title is extinguished by
her adverse possession for 12 years. The application is
refused and the suit dismissed. A continues in
possession and in August 1930, C files a suit to recover
possession from A. A again pleads adverse possession.
A. A’s plea is a valid defence, for although she is debarred from
pleading that the she had acquired a title by adverse possession in
August 1918,
B. A’s plea is a valid defence as it is still open to her to prove that
she has acquired title by adverse possession in August 1930
C. both (A) and (B)
D. None of these
Ans. C
65. An executed a mortgage over certain lands including
a well in favour of B, alleging that they were his self-
acquisition. B filed a suit on his mortgage, obtained a
decree and in execution purchased the properties and
got into possession of them. Then C, one of the sons of A
filed a suit along with his brothers and nephews for a
declaration that the properties were joint family portion
in which A had only sixth share that B acquired by his
purchase only that 116 shares and that he had no right to
close the well on the land. That was decreed. Then C and
his sons filed a suit to recover the properties in the
possession of B on the ground that they were joint family
properties.
A. The suit is not barred
B. The suit is barred
C. either (A) or (B)
D. None of these
Ans. B
66. A sues B for damages for wrongful occupation of his
land and for injury done to his land. After the issues are
framed, A applies to amend the plaint by claiming from
B rent for the land on the basis of a subsisting tenancy.
A. The amendment should be allowed, because it will not convert
a claim based on trespass into a claim on the basis of a subsisting
lease
B. The amendment should not be allowed, because it will convert
a claim based on trespass into a claim on the basis of a subsisting
lease
C. either (A) or (B)
D. None of these
Ans. B
67. A and B obtain a decree against C and D for Rs 5,000.
A’s share of the decree is Rs 2,000. A dies, and on his
death his interest in the decree passes to C as his heir.
A. B (as decree-holder) cannot execute the decree against D for
more than Rs 3,000
B. C (as transferee of A’s interest in the decree) cannot execute the
decree against D for more than Rs 3,000
C. both (A) and (B)
D. None of these
Ans. C
68. A consent decree contains a provision that the
decretal amount shall be paid in yearly installments and
that in case of default of any one installment the whole
amount shall be immediately payable with interest at
two per cent mensem from the date of the decree. The
judgment-debtor fell into arrears and objected to the
provision as to interest as a penalty.
A. A consent decree being essentially a matter of contract, the
Court of execution can grant relief under s. 84 of the Indian
Contract Act. 1872
B. A consent decree is not essentially a matter of contract, the
Court of execution can grant relief under s. 84 of the Indian
Contract Act. 1872
C. A consent decree is not essentially a matter of contract, the
Court of execution cannot grant relief under s. 84 of the Indian
Contract Act. 1872
D. None of these
Ans. A
69. Bar on suit to set aside decree on objection as to
place of suing is dealt under which of the following in the
Code of Civil Procedure?
A. Section 18B
B. Section 20A
C. Section 21A
D. Section 25A
Ans. C
70. Which of the following deals with execution barred
in certain cases in the Code of Civil Procedure?
A. Section 46
B. Section 48
C. Section 45
D. Section 49
Ans. B
71. Which of the following deals with the execution of
decree in the Code of Civil Procedure?
A. Section 90
B. Section 88
C. Section 92
D. Section 82
Ans. D
72. Which of the following deals with the procedure in
appeals from appellate decrees and orders in the Code of
Civil Procedure?
A. Section 108
B. Section 103
C. Section 104
D. Section 100
Ans. A
73. Which of the following deals with language of
subordinate Courts in the Code of Civil Procedure?
A. Section 139
B. Section 133
C. Section 132
D. Section 137
Ans. D
74. One person may sue or defend on behalf of all in
same interest under which of the following in the Code
of Civil Procedure?
A. Order 1, Rule 8
B. Order 5, Rule 2
C. Order 3, Rule 3
D. Order 4, Rule 8
Ans. A
75. Which of the following deals with service on agent by
whom defendant carries on business in the Code of Civil
Procedure?
A. Order 5, Rule 13
B. Order 9, Rule 12
C. Order 6, Rule 10
D. Order 10, Rule 8
Ans. A
76. Which of the following deals with statement in case
of documents not in plaintiff’s possession or power in
the Code of Civil Procedure?
A. Order 7, Rule 15
B. Order 4, Rule 13
C. Order 6, Rule 10
D. Order 10, Rule 22
Ans. A
77. Which of the following deals with the procedure in
case of non-attendance of one or more of several
plaintiffs in the Code of Civil Procedure?
A. Order 5, Rule 30
B. Order 4, Rule 13
C. Order 6, Rule 4
D. Order 9, Rule 10
Ans. D
78. Which of the following deals with the power of Court
to record admission in the Code of Civil Procedure?
A. Order 16, Rule 2
B. Order 12, Rule 3A
C. Order 6, Rule 10B
D. Order 13, Rule 22
Ans. B
79. Which of the following deals with deposit by
defendant of amount in satisfaction of claim in the Code
of Civil Procedure?
A. Order 12, Rule 4
B. Order 24, Rule 1
C. Order 19, Rule 6
D. Order 17, Rule 10
Ans. B
80. The Amendment Act II of 1951 which repealed s. 1(3)
of the Code of Civil Procedure substituted which of the
following?
I. The tribal areas in the State of Assam
II. Save as hereinafter provided, the Scheduled areas in
the State of Madras
III. The State of Jammu and Kashmir
IV. The State of Manipur
A. I, II
B. II, III
C. Ill, IV
D. All of these
Ans. D
81. Under which of the following section of the Code of
Civil Procedure an ordering transferring a case is not
appealable?
A. Section 22
B. Section 24
C. Section 25
D. None of these
Ans. B
82. The difference of procedure between cl. 36 of the
Letters Patent of the High Court of Calcutta, Madras and
Bombay and s. 98 of the Code of Civil Procedures is:
A. While the reference on the point of difference is obligatory
under cl. 36 it is optional under s. 98
B. While a reference under cl. 36 may be on a question of fact and
law, it can be on a question of law only under s. 98
C. either (A) or (B)
D. None of these
Ans. C
83. Under which of the following conditions a judgment-
debtor can seek to set aside an execution sale?
I. On the deposit under O. 21, r 89
II. For material irregularity under O. 21, r 90
III. For fraud under O. 21, r 90
IV. For other reasons e.g. that the sale is illegal or nullify
for want of notice under O. 21, r 22
A. I, III
B. II, IV
C. III, IV
D. All of these
Ans. D
84. Where a guardian ad litem, representing a minor
defendant, files a written statement and the minor
attains majority during the pendency of the suit:
A. The minor cannot claim to supersede the earlier statement and
file a fresh written statement
B. The minor can seek leave to amend the written statement
under O. 6, r 17
C. both (A) and (B)
D. None of these
Ans. C
85. Which of the following are the only constraints of the
Appellate Court under O. 41, r 33?
A. The parties before the lower courts should be there before the
Appellate Court
B. The question raised must be properly arise out of the judgment
of the lower court
C. both (A) and (B)
D. None of these
Ans. C
86. The words ‘record of suit’ contemplate and includes
documents:
A. Which have been exhibited as evidence in the case
B. Which have been filed along with the plaint
C. Which have been produced under O. 13
D. All of these
Ans. D
87. A preliminary decree from partition is only a
declaration of the rights of the parties and the shares
they have in the joint family or coparcenary property.
The final decree should specify the division by metes and
bounds and it needs to be engrossed on stamp paper. In
which of the following cases it was so upheld?
A. Phoolchand v. Gopal Lal
B. Shanker Balwant Lokhande v. Chanderkant Shankar Lokhande
C. Kedar Nath v. Dwarika Nath
D. None of these
Ans. B
88. Ashok holds a decree against Bindu for Rs 5,000.
Bindu holds a decree against Ashok for Rs 3,000. Ashok
transfers his decree to Chintu.
A. Chintu can execute the decree against Bindu for more than Rs
2,000 but less than 5000
B. Chintu can execute the decree against Bindu for Rs 5000
C. Chintu cannot execute the decree against Bindu for more than
Rs 2,000
D. None of these
Ans. C
89. A filed a suit for a declaration that he was entitled to
certain lands as heir to X. The suit was dismissed. Then
he sued for an injunction alleging that he had been in
possession for over the statutory period and had thereby
acquired title by adverse possession. This title was
available to him even at the time of the previous suit.
A. The later suit cannot be barred by res judicata
B. The later suit is barred by res judicata
C. either (A) or (B)
D. None of these
Ans. B
90. A filed a suit for partition and that ended in a final
decree. Then A filed a second suit against the defendant
claiming mesne profits in respect of excess lands which
had been in his possession for a period prior to the
passing of the final decree.
A. The suit is not barred
B. The suit is barred
C. either (A) or (B)
D. None of these
Ans. B
91. A sues B to recover Rs 1,000 alleged to be rent due
under a lease executed by B. The court finds that B was
in occupation of the premises during the period for
which the rent is claimed, but that the alleged lease was
not executed by B. At this stage A applies to amend his
plaint by alleging that, though the lease was not executed
by B, he is entitled to recover the amount for use and
occupation of the premises.
A. The amendment will be allowed
B. The amendment will not be allowed
C. either (A) or (B)
D. None of these
Ans. B
92. A holds a decree against B for Rs 1,000. B holds a
decree against A for the payment of Rs 1,000 in case A
fails to deliver certain goods at a future day.
A. B can treat his decree as a cross-decree under O. 21 r. 18
B. B cannot treat his decree as a cross-decree under 0.21 r. 18
C. either (A) and (B)
D. None of these
Ans. B
93. A owes B Rs 100. B sues A for the amount, having
made no demand for payment and having no reason to
believe that the delay caused by making a demand would
place him at a disadvantage. On the plaint being filed, A
pays the money into Court. B accepts it in full
satisfaction of his claim.
A. The Court should not allow him any costs
B. The litigation being presumably groundless on his part
C. both (A) and (B)
D. None of these
Ans. C
94. Which of the following deals with power to transfer
suits which may be instituted in more than one Court in
the Code of Civil Procedure?
A. Section 18
B. Section 20
C. Section 25
D. Section 22
Ans. D
95. Which of the following deals with the transferee of a
decree in the Code of Civil Procedure?
A. Section 46
B. Section 50
C. Section 49
D. Section 43
Ans. C
96. Which of the following deals with when aliens may
sue in the Code of Civil Procedure?
A. Section 83
B. Section 88
C. Section 92
D. Section 82
Ans. A
97. Which of the following deals with when appeals lie to
the Supreme Court in the Code of Civil Procedure?
A. Section 111
B. Section 109
C. Section 108
D. Section 100
Ans. B
98. Which of the following deals with power of High
Court to require evidence to be recorded in English in
the Code of Civil Procedure?
A. Section 138
B. Section 133
C. Section 132
D. Section 140
Ans. A
99. Which of the following deals with power of Court to
permit a person or body of persons to present opinion or
to take part in proceedings?
A. Order 1, Rule 8A
B. Order 5, Rule 2B
C. Order 3, Rule 3A
D. Order 4, Rule 6A
Ans. A
100. Which of the following deals with service on agent
in charge in suits for immovable property in the Code of
Civil Procedure?
A. Order 7, Rule 19
B. Order 5, Rule 14
C. Order 6, Rule 10
D. Order 10, Rule 8
Ans. B
101. Which of the following deals with suits on lost
negotiable instruments in the Code of Civil Procedure?
A. Order 5, Rule 30
B. Order 7, Rule 16
C. Order 6, Rule 10
D. Order 10, Rule 22
Ans. B
102. Which of the following deals with the procedure in
case of non-attendance of one or more of served
defendants in the Code of Civil Procedure?
A. Order 9, Rule 11
B. Order 4, Rule 13
C. Order 6, Rule 10
D. Order 10, Rule 22
Ans. A