CIVIL PROCEDURE CODE

1. On account of mis-joinder or non-joinder of parties, under Order I, Rule

9 of CPC, the suit is
a) Liable to be dismissed
b) Cannot be dismissed
c) Maybe dismissed or may not be dismissed as per the discretion of the court
d) Either (a) or (b)
2. In a suit, the list of witnesses has to be filled by the parties
a) Before settlement of issues
b) After settlement of issues
c) At any time
d) All the above
3. The provisions of Order VIII, Rule 1 of CPC are
a) Directory being procedural
b) Mandatory through procedural
c) Optional under all circumstances
d) Discretionary under all circumstances
4. The court can reject the plaint under Order VII, RULE 11(e) of CPC, if
it is not filed in
a) Triplicate
b) Duplicate
c) Quadruplicate
d) Only (c) and not (a) or (b)
5. 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) and not (b)
6. Pleading must state
a) Facts
b) Law
c) Evidence
d) All the above
7. Under Order VII, Rule 11 of CPC
a) Part only of the plaint can be rejected
b) Whole of the plaint is to be rejected
c) Part only of the plaint or the whole plaint can be rejected
d) It is the discretion of the court to reject the plaint in part
8. 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
9. ‘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
10.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
11.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)
12.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) and (b)
13.An application under Order IX, Rule 13 of CPC can be made within
a) 30 days of the decree
b) 60 days of the decree
c) 90 days of the decree
d) 6 months of the decree
14.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
15.Interrogatories can be set aside or struck off, on an application under
Order XI, Rule 7 of CPC, made within
a) 7 days of service of interrogatories
b) 10 days of service of interrogatories
c) 14 days of service of interrogatories
d) 15 days of service of interrogatories
16.Judgement on admission can be given
a) Under order XII, Rule 8 of CPC
b) Under order XII, Rule 6 of CPC
c) Under order XII, Rule 4 of CPC
d) Under order XII, Rule 2 of CPC
17.Grounds for setting aside interrogatories contained in Oder XI, Rule 7 of
CPC are
 a) Prolix
b) Oppressive
c) Unnecessary
d) All the above
18.In a suit, issues are framed in respect of
a) Questions of facts
b) Questions of law
c) Mixed question of fact and law
d) All the above
19.Under Order XIII, Rule 1 of CPC, all the documentary evidence in
original by the parties must be filed
a) At or before the settlement of issues
b) After the settlement of issues
c) At the time of evidence
d) At any time
20. 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) Both (b) and (c)
21.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
22.Court has the power to summon a new 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
23.A witness who has already been examined can be recalled under Order
XVIII, Rule17 of CPC
a) By the party calling the witness
b) By the opposite party
c) By the court
d) All the above
24.Judgement and decree have been dealt in CPC
a) Under Oder XIX
b) Under Oder XX
c) Under Oder XX-A
d) Under Oder XXI
25.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
26.Provision for interest in CPC has been made
a) Under section 32
b) Under section 34
c) Under section 35A
d) Under section 35B
27.Costs under section 35A of CPC can be imposed
a) On plaintiff
b) On defendant
c) On co-defendant
d) All the above
28.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)
29.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
30.Money under 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
31.A suit filed on behalf of a minor can be
a) Withdrawn at any time as a matter of right
b) Cannot be withdrawn
c) Withdrawn with only the leave of the court
d) either (a) or (b)
32.Commission to make local investigation can be issued
a) under Order XXVI, Rule 1, CPC
b) under Order XXVI, Rule 6, CPC
c) under Order XXVI, Rule 9, CPC
d) under Order XXVI, Rule 10, CPC
33. Appointment of receiver has been dealt with
a) Under Order XLIV
b) Under Order XLII
c) Under Order XL
 d) Under Order XLV
34.Withdrawal of suits is governed by
a) Order XXIII, Rule 1 of CPC
b) Order XXIII, Rule 3 of CPC
c) Order XXIII, Rule 1 and Rule 3 of CPC
d) Order XXIII, Rule 3A of CPC
35.Abatement of suit can be set aside
a) Under Order XXII, Rule 9 of CPC
b) Under Order XXII, Rule 10 of CPC
c) Under Order XXII, Rule 12 of CPC
d) Under Order XXII, Rule 11 of CPC
36.Provision relating to issuance of commission are contained in
a) Order XXVI of CPC
b) Order XXXII of CPC
c) Order XXVII of CPC
d) Order XXVIII of CPC
37.Parties to the suit can compromise in a suit
a) Under Order XXIII, Rule 3A of CPC
b) Under Order XXIII, Rule 3 of CPC
c) Under Order XXIII, Rule 1 of CPC
d) Under Order XXIII, Rule 4 of CPC
38.Right to withdraw the suit is
a) An absolute right of the plaintiff
b) A qualified right of the plaintiff
c) Fettered by certain conditions
d) Either (a) or (b) or (c)
39.A decree for specific movable property can be executes
a) By attachment
b) By detention
 c) By seizure
d) All the above
40.Order XXII CPC applies to
a) Suits
b) Appeals
c) Execution proceedings
d) All the above
41. An application for substitution of the legal representatives of a defendant
lies
a) Under Order XXII, Rule 3 of CPC
b) Under Order XXII, Rule 4 of CPC
c) Under Order XXII, Rule 4A of CPC
d) Under Order XXII, Rule 5 of CPC
42.Precept is
a) A transfer of the decree
b) An order to another competent court to attach any property of the
judgement debtor
c) An execution of decree
d) All the above
43.A decree holder
a) Need not be a party to the suit
b) The term is not confined to plaintiff
c) Both (a) and (b)
d) Neither (a) nor (b)
44.The re-appreciation of evidence in second appeal
a) Is subject to review
b) Is permissible
c) Is not permissible
d) Is an admitted fact
45.Who amongst the following is not a legal representative
a) A trespasser
b) An intermeddle
c) A creditor
d) Both (a) and (c)
46.Pecuniary jurisdiction of the court has been dealt with in
a) Section 3 of CPC
b) Section 4 of CPC
c) Section 5 of CPC
d) Section 6 of CPC
47.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
48.Plea of res-judicata
a) Has to be specifically raised
b) Need not be specifically raised
c) Is for the court to see its own
d) Neither (a) nor (b) but only (c)
49.Principle of res-judicata is
a) Mandatory
b) Directory
c) Discretionary
d) All the above
50.Res-judicata does not operate
a) Between co-defendants
b) Between co-plaintiffs
c) Against a per-forma defendant
d) None of the above