According to the

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 LL.B.
CIVIL PROCEDURE
CODE

OBJECTIVE TYPE QUESTION

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 Civil Procedure Code
—
. From which date Civil Procedure Code, 1908, became
(a) Ist January, 1908
operative?
(b) 1stApril, 1908
A

(¢) 31st Dezember, 1908 (d) Istlanuary, 1909 Aps. (d)

=<

. Code of Civil Procedure contains ’

(a) 500rders (b) 51 Orders

(¢) 52 Orders (d} 53 Orders Ans. (b)
.

The Civil Procedure Code, 1908 extends to

-
the whole India except
(a) the State of Jammu & Kashmir
(b) the State of Nagaland and Tribal Areas
(c) (a) and (b) both (d) None of the above
Which of the following statement is not true? Ans. (b)
-

(a) The Code of Civil Procedure, 1908 does not extend

to the State of
Nagaland and the tribatareas.
(b) The Code of Civil Procedure, 1908 shall
not affect the power of
Supreme Court under Article 136 of the Constitution.
(¢) The Code ofCivil Procedure, 1908 shall
*
not interfere with rules made
by Supreme Coutt for presentation of appeals to that
court,
(d) The Code of Civil Procedure, 1908 limits the
special law now in force.
Ans. (d)
- 'Decrec’ under Civil
Procedure Code, 1908 has been defined in its
(a) Section 2(l) (b) Section 2(2)
(¢) Section 2(a) (d) Section 2(b)
. Formal expression of an
Ans. (b)
adjudication which, so far as regards the court
expressing it, conclusively determines rights of the parties, is
(a) Decree (b) Order
{c} Judgement
(d) Appellate order Ans. (a)
. Decree means :
(2) an order adjudicating claims
(b) informa expression of an adjudication .
(¢) formal cxpression of an
adjudication but shall not include an
adjudication from which an appeal lies as an
appeal from art ordet
(d) none ofthe above ’
Ans, (¢)
. The essential elements of
a decree:
(a) these must be an adjudication”
‘

(b) the determination must be

of
a conclusive nature
(¢) the adjudication must have been done in
a suit
(d) alt of the above
Ans. (d)
. Adecreecan be:
(a) Preliminary (b) Final
(¢) First preliminary then final (d) Either preliminary or final
Ans. (d)
44 Kumar Question Bank
10 . The Code of Civil Procedure recognises :

(a) Preliminary decree

(b) Final decree
(c) Partly preliminary and partly final
(dy All of the above Ans. (d)
tn. A decree is preliminary :
(a) When it is isued in the preliminary stages of the suit
(b) When further proceedings have to be taken before the suit is
completely disposed of
(c) When it deals with some preliminary issues
(d) None of the above
Ans. (b)
12. A decree becomes final when
(a) it conclusively determined the right of the parties.
(b) no appeal has been preferred against the decree.
(¢) Both (a) and (b)
Ans, (¢)
(d) Neither (a) nor (b)
13. Preliminary Decree can be passed in a suit .

(a) for partition

(b) for partnership
(c) for possession and mesne profit
Ans. (d)
(d) All these
14. Which ofthe following is not a content of decree?
(2) Relief amount of costs incurred in the suit
(b) Detail statement of the case -

(c) Particulars of claim

Ans. (b)
(d) Relief granted to the parties
15. Under Civil Procedure Code, which of the following statements are true
regarding a decree?
(a) Conclusively determines the rights of parties with regard to
all or
suit
any of the matters in controversy in the
(b) Decree can be partly preliminary and partly final
from which an appeal lies
(c) This would not include any adjudication
as an appeal from an order
(d) All above
Ans. (d)
16. Which of the following order is not amounting to decree?
(a) An order appointing a commissioner
(b) An order disinissing cross objection
(c) An order of abatement of a suit
Ans. (3)
(d) An order rejecting a plaint
17. Under C.P.C., which of following is not a decree?
(a) Dismissal of suit in default
(b) Rejection ofa plaint
(c) Dismissal of suit in default & rejection of a plaint
Ans. (a)
{d) None
 Civil Procedure Code | 5
Which one of the following is not a decree under Civil Procedure
.
Code,
1908?
(a) Rejection ofa plaint for
non-payment of court fee.
(b) Any order of dismissal for default.
(c) Both (a)and (b)
(d) None of the above Ans. (b)
19. Which of the following order is not decree as per the definition of
decree contained in the Code of Civil Procedure, 1908?
(a) Order of abatement of suit
(b) Order holding that there is no cause of action
(¢) Order holding that appeal is not maintainable
(d) Order of remand Ans. (d)
20. Which of the following determinations does not come under the definition
of “decree”?
(a) An adjudication which conclusively determines the rights of the
parties with regard to some of the matters in issue before the court
(b) Rejection of a plaint
(c) Determination of any question under Section 144 of
Civil Procedure
the Code of

(d) Dismissal of a suit for default Ans. (d)

21. Decree shall be deemed to include the rejection
of a plaint and the
determination of any question within Section 144 of of C.P.C.
(a) Wrong
(b) Right
(¢) Itincludes rejection of plaint but does not includes the determination
of any question within Section 144 of C.P.C. 1

(d) It includes determination of any question within Section 144 but

shall not include the rejectionof a plaint
22. What will be the nature of an order passed by Court
Ans. (b)
rejecting the plaint
for non payment of a Court fee?
(a) Decree (b) Preliminary decree
(c) Interlocutory Order (d) Final Order Ans. (a)
23. A suit for partition contains which of the following decree ?
(@) Only preliminary decree (b) Only intermediate decree
(c) Final decree (d) Both (a) and (c) Ans, (d)
24. Under the C.P.C. “Decree” does not include
.......
(a) the rejection of a plaint
(b) an order of restitution under Section 144 CPC
(¢) an order of restitution of conjugal rights
(d) the return of a plaint Ans. (d)
25. The term “Award and Decree” is used to denote
(a) the order of Commissioner of Income Tax
(b) the order of Collector passed while recovering the revenue
6 | Kumar Question Bank
(c) order of Civil Court, Arbitrator, Industrial Court, Cooperative Court
etc.
(d) final order of Supreme Court Ans. (¢)
26. Which of the following is/are decree/s?
(a) Order of abatement of a suit
(b) Dismissal of appeal as time barred
(¢) Dismissal of suit for want of evidence
(d) All of the above Ans. (d)
27. Decree holder' means any person in whose favour a decree has been
passed or an order capable of execution has been made. This definition
of the term 'decree holder! is mentioned under :
(a) Section-2(2),C.P.C. (b) Section-2(3), C.P.C.
(c) Section-2(4),C.P.C. (d) Section-2(d), C.P.C. Ans. (b)
28. A decree holder:
(a) Need not be a party to the suit
(b) The term is not confined to plaintiff
(c) both (a) & (b)

(dy Neither (aynor (b) Ans. (¢)

29. Judgment debtor means?
(a) Borrower ofa bank.
(b) Defendant
(¢) Person against whom a decree is passed.
(d) None ofthe above. Ans. (¢)
30. Which of the following Sections of the Code of Civil Procedure defines
the 'Mesne Profit?
(a) Section2(4) (b) Section2(14)
(c) Section 2(6) (d) Section2(12) Ans. (d)
31. Shall be also included in Mesnc Profits
(a) Those profits due to improvements made by the person in wrongful
possession of such property | actually received
(b) Profits including interest which the person in wrongful possession
of such property actually received
(c) Those profits with interest which might be received there from with
ordinary diligences by person in wrongful possession
(d) Both the profits including interest which the person in wrongful
possession of such property actually received and those profits
with interest which might be received there from with ordinary
diligences by person in wrongful possession. Ans. (d)
32. As per Section 2(12) of CPC, "mesne profits’ property
of are profits
received by a person in;
(a) Unlawful possession of the property
(b) Wrongful possession of the property
(c) Lawful possession of the property
(d) Effective possession of the property Ans. (b)
 Civil Procedure Code | 7

33. Mesne profit means :

(a) profit earned by mission
(b) very minimum profit .

(c) profit received or could have been received by a person in wrongful

possession of property
(d) none of the above Ans. (c)
34. Which of the following pair is not correctly matched under CPC?
(a) Section 2(5) Foreign Court
(b) Section 2(6) foreign judgement
(¢) Section 2(11) Legal representative
(d) Section 2(10) Mense profit Ans. (d)
. Profit received during wrongful possession overa property
is
(a) Casual profit (b) Actual profit
(¢) Conditional profit (d) Mesne profit Ans. (d)
36. Mesne profits as defined under section 2(12) Code of Civil Procedure
means those profits which the person in wrongful possession of
(a) such property actually received or might have received together
with interest
(b) property actually received including profits due to improvements
tpade by such person.
(c) such property actually received or might have received but without
any interest on such profits.
(d) such property actually received. Ans. (a)
37. Mesne profit can be claimed regarding?
(a) intellectual property only
(b) movable property only
(c) immovable property only
(d) both movable and immovable property Ans. (¢)
38. Judgement Judgement under Section 2(9) of the Code of Civil Procedure,
1908 means
(a) adecree
(D)agdgsmissal of appeal summarily
(c) statement of grounds of an order or decree
(d) All the above Ans. (c)
39. A judgement contains
(a) Concise statement of the case
{b) The decision gn the point of determination and thereason thereof
(¢) The point for determination
(d) All the above Ans, (d)
40. Under which one of the following Sections fo Civil Procedure Code,
1908 “Legal Representative has been explained?
(a) Section2(11) (b) Section2(13) .

(c) Section 2(10) (d) Section2(12) Ans. (a)

8 | Kumar Question Bank
41. Legal representative under Section 2(11) of C.P.C. means a person who
15a
(a) Relative of parties to the suit
(b) Co-sharer of the benefits assuming to the parties to the suit
(¢) Who in law represents the estate of the deceased
(d) None of the above Ans. (¢)
42. Which of the following is not a legal representative under Section 2(11)
of the CPC?
(a) Executors and administrators (b) Official assignee or receiver
(d) Residuary legatees Ans. (b)
"

(c) Hindu coparcenets

43. A legal representative under the Code of Civil Procedure means :
(a) a co-sharer of the benefits arising to the parties to the suit
(b) a person, who in law represents the estate of the deceased
(¢) a relative of parties to the suit
(d) all of the above Ans. (b)
44. 'A’ dies leaving behind a son X and
continued
a married daughter Y. A
suit filed by
A’, after his death can be by
(a) X alone as legal representative
(b) Y alone as legal representative
(¢) X,Y
{d) X and
and the husband
Y both as legal
of Y as legal

representative
representative
Ans. (d)
45. ‘Legal Representative’ as defined in Section 2(11) of C.P.C. does not
include
(a) Natural heir
(b) Legatee who obtains only a part of the estate of the deceased
(c) Donee of the suit property
(d) Person who is neither a legal heir nor an intermeddler with the estate
of the deceased Ans. (d)
46. Under Civil Procedure Code, 1908 "Foreign Court” means
(a) A court situated outside India
(b) A court situated outside India and not established under the authority
of Government of India
(¢) A court situated in India, applying foreign law
(d) All of the above Ans. (b)
47. Under Section 2(5) of CPC, two conditions must be satisfied to bring a
court within the definition ofa foreign court:
(a) Court must be situated outside India
(b) Court must not have been established by Central Government
(c) Court must not continued by the Central Government
(d) All of the above Ans. (d)
48. Foreign judgment as defined under Section 2(6) of CPC means :

(a) judgment given by an Indian court in respect of foreigners;

(b) judgment given by a foreign court
 Civil Procedure Code | 9
(c) judgment given by an Indian court
(d) none of the above Ans. (b)
49. Judge' is defined as the presiding officer of
a Civil Court under ......... of
the Code of Civil Procedure, 1908
(a) Section 2(8} (b) Section2(4)
(¢) Section 2(5) .
(d) Section 2(2) Ans. (a)
. Section 2(17) of the Code of Civil Procedure, 1908 defines public officer

which includes
(a) Government servant
(¢) Every Judge
(b)
Commissioned
(d) All ofthese
officer of military
Ans. (d)
. Which ofthe following Scetions of Civil Procedure Code defines an

Order?
(a) Section?2(2) (b) Section2(9)
(c) Section 2(14) (d) (15) Ans. (c)
. of
Under Code of Civil Procedure an adjudication a court which is not a
decree, is:
(a) an Order (b) aSummon
(c) aRule (d) a Judgment Ans. (a)
. ‘Pleader’ is defined in the Code of Civil Proce dure in

(a) Section2(7) (b) Section2(15)

(c) Section2(17) (d) Section2(11) Ans. (b)
. The term “prescribed under Section 2(16) of Civil Procedure Code,
1908 means
(a) prescribed by court (b) prescribed by society
(¢) prescribed by rules (d) none of the above Ans, (¢)
wn
. Who
wm
amongst the following is not "'a public officer'" within the meaning
of Section 2(17) of CPC?
(a) A Judge
(b) Sarpanch of a Gram Panchayat
(c) A person in the service getting pay from the Government
(d) None of the above Ans. (b)
56. Section 3 of the Code of Civil Procedure 1908, deals with
(a) Stay of suit (b) Pecuniary Jurisdiction
(¢) Subordination of courts (d) Definitions Ans. (c)
. The courts of small causes under Section 3 of the Civil Procedure
Code, 1908 is subordinate to which of the following?
(a) High Court only (b) District Court only
(¢) Neither (a) nor (b) (d) Both (a) and (b) Ans. (d)
. The Code of Civil Procedure (Amendment) Act, 2002 came into force
on:
(a) 01.07.2002 (b) 01.04.2002
(¢) 04.01.2002 (d) 01062002 Ans. (a)
 |
10 Kumar Question Bank
59. By which judgment, the Hon'ble Apex Court upheld the constitutional
validity of amendments made in the Code of Civil Procedure vide
amendment Acts of 1999 and 2002 :
(a) Salem Advocates Bar Association, Tamil Nadu v. Union of India
(b) Civil Court Bar Association v. Union of India
(¢) Indian Courts Bar Association v. Union of India
(d) West Bengal High Court Bar Association v. Union of India Ans. (a)
60. Save as provided by the Provincial Small Causes Courts Act a decree or
order made under the provisions of the said Act shall be
(a) appealable (b) reviewed
(c) finala (d) no decree or order Ans. (a)
61. Under which Section of the Civil Procedure Code “Pecuniary
Jurisdiction” of the Court has been provided?
(a) Section3 (b) Section4
(c) Section 5 (d) Section 6 Ans. (d)
62. Code of Civil Procedure, 1908 is a
(a) substantive law (b) procedural law
(¢) combination of substantive law and procedural law
(d) directory law Ans. (b)
63. The Orders and Rules in the First Schedule of the Code of Civil
Procedure
(a) are mere guidelines
(b) will prevail over the provisions of a Section
(c) cannot override the provisions in a Section
(d) the courts are not bound to follow them Ans. (¢)
64. The Sections in the Code of Civil Procedure
(a) can be amended by the Parliament
(b) can be amended by a High Court or the State Legislature
(c¢) can be amended by the Court hearing the suit

(d) can be amended by the parties to the suit Ans. (a)

65. Court of small cause is subordinate to
(a) only Revenue Court
(b) only High Court
(c) only District Court
(d) both High Court and District Court Ans. (d)
66. In which Section of the Civil Procedure Code provision relating to
""Suit of a Civil nature" has been provided?
(a) Section 8 (b) Section 9
(c) Section 10 (d) Section 11 Ans. (b)
67. Ifa right or a liability is created by a statute, which of the following
situation may arise.
(a) The statute may create a specific forum for its enforcement.
(b) Ifno machinery is provided for enforcement civil court can entertain
the suit
 Civil Procedure Code | 11

(c) Both (a) and (b)

(d) None of the above Ans. (¢)
68. Which of the following statement is true :
Courts
(a) according to Section 9 of the Code of Civil Procedure, the
shall havejurisdiction to try all suitsof a civil nature excepting suits
of which their cognizance is expressly barred
(b) according to Section 9 of the Code of Civil Procedure, the
Court shall
have jurisdiction to try all suits of a civil nature excepting suits of
which their cognizance its impliedly barred
Court shall
(c) according to Section 9 of the Code of Civil Procedure, the
have jurisdiction to try all suits of a civil nature excepting suits of
which their cognizance is either expressly of impliedly barred
Ans. (c)
(d) none of these
69. Dhulabhai v. State of MLP. is related to which of the following under
cpC?
(a) Jurisdiction of Civil Court (b) Pleadings
Interiin Orders (d) First Appeal Ans. (3)
(c)
70. All civil courts have jurisdiction to try
(a) All suits of a civil nature
(b) All suits of civil nature except suits of which their cognizance is
expressly not barred
(c) All suits of civil nature except suits of which their cognizance
is

impliedly not barred

Bad cognizance is
(d) All suits of civil nature except suits of which their
expressly or impliedly barred Ans. (d)
71. The subject matter jurisdiction of a civil court extends to:
(a) All claims of civil nature
is expressly or
(b) All claims of a civil nature unless their cognizance
impliedly barred
(¢) All suits of a civil nature which by express provision of a statutory
law or by common law, fall within the jurisdiction of civil courts
(d) Only those claims of a civil nature where no other forum, authority or
tribunal has jurisdiction Ans. (b)
72. Whether court can, without exception, try all suits of civil nature?
(a) No () Yes
Ans. (a)
(c) May be (d) None of the above
73. Under Civil Procedure Code, a litigant having a grievance of Civil nature
has a right to institute a Civil suit,
(a) Not expressly barred
its cognizance [LJ

(b) Impliedly barred

—— J.
(c) Expressly and Impliedly barred
Ans. (2)
(d) None of these
74. Which of the following suit is not maintainable under Section 9 of the
Code of Civil Procedure, 1908?
(a) Suit based on purely religious rights
12 | Kumar Question Bank
(b) suit for specific relief.
(c) Suit relating to right to worship
(d) Suit relating to taking out of religions procession Ans. (a)
. For determination of an objection under section 9 of Code of Civil Procedure
as Court, the Court is to primarily see the averments made in :
(a) Plaintonly
(b) Plaint and written statement only
(¢) Plaint, written statement and replication only
(Jd) Averment made in application for return of plaint Ans. (a)
76. Which of the following suits is of civil nature?
(a) Suits relating to right to property
(b) Suits relating to right of worship
(c) Suits for damages for civil wrongs
(d) Al of the above Ans, (d)
71. Which of the following is a right of civil nature :
(a) Right to share in offerings in a temple
(b) Right to take out procession
(c) Rightto worship in a temple
(d) All of these Ans. (d)
78. Which one of the following is not a suit ofcivil nature?
(a) Suits relating to right of worship
(b) Suits relating to partnership
(c) Suits relating to common law rights
+(d) Suits relating to political questions Ans. (d)
79. Which one of the following is NOT a suit of civil nature?
(a) Suit relating to rights of worship
(b) Suit involving purely religious rights
(c) Suit forrent
(d) Suit for rights to hereditary office Ans. (b)
80. Which of the following is not a suit of civil nature?
(a) suit relating to right of worship
(b) suit relating to taking out of religious procession
(c) suit against expulsions from caste
(d) suit for right to hereditary office Ans. (c)
81. Under C.P.C. find the incorrect match of the following :
(a) Revenue Courts-Section §
(b} Provincial Small Causes Courts Section 7
(c) Pecuniary Jurisdiction of Courts—-Section 9
(d) Presidency Small Causes Courts-Section 8 Ans. (¢)
82. Civil Court's jurisdiction is barred in proceedings under
(a) Industrial Disputes Act
(b) Income-tax recovery under Income Tax Act
(c) Administrative Tribunal Act
(d) All of the above Ans. (d)
 Civil Procedure Code | 13

83. Which one of the following is not suit of Civil Nature?

(a) Suits for rights to hereditary offices.
(b) Suits for rights of franchise.
(c) Suits for recovery of volunatry payments of offerings.
(d) Suits relating to right of worship. Ans. (¢)
84. Under C.P.C., which of the following is not a suit of a civil nature
(a) suit for correcting the date ofbirth in the service record
(b) suit for declaration of the right to worship
(c) suit for vindication of a mere dignity connected with an office
Ans. (¢)
(d) suit for a religious office
85. Which ofthe following in not a suit of civil nature
(a) A suit in which right to property is contested
(b) A suit to which right to an office is contested
(c) A suit by member of a caste for his exclusion from the invitation to
the caste dinner
(d) Asuit by member of a caste for his expulsion from the caste. Ans. (¢)
86. Which of the followings is a leading case on the exclusion of the
jurisdiction of Civil Courts?
(a) Dhulabhai v. State of M.P
(b) Gundaji v. Ramchandra.
(c) Noor Mohd. Khan u, Fakirappa.
(d) All of the above. Ans. (a)
87. Section 10 of the Civil Procedure Code, 1908 does not apply when the
previous suit is pending
(a) in the same court
(b) in a foreign court
(c) in the court outside India established or continued by the Central
Government
(d) in any other court in India Ans. (b)
88. Which Section of the CPC lays down the rule of res sub judice?
(a) Section 15 . (b) Section 13
(¢) Section 11 (d) Section 10 Ans. (d)
89. Which of the following sections of the Code of Civil Procedure deals
with stay of suit ?
(a) Section 16 (b) Section 10
(c) Section 13 (d) Section 12 Ans. (b)
90. The term “Res Sub Judice” means
(a) Stay of suit (b) Stay of appeal
(¢) Stay of application (d) Stay of execution Ans. (a)
91. The rule of res sub judice as provided in Section 10 of Civil Procedure
Code:
(a) stays the trial of the subsequent suit
(b) stays the trial of the previous suit
14| Kumar Question Bank
(c) prevents simultaneous hearing of previous and subsequent suits
under ail the circumstances
(d) stays the institution of the subsequent suit Ans. (a)
92. Which of the following term means "under consideration of a Court of
Law'?
(a) Sine quo non (b) Res judicata
(c) Double jeopardy (d) Sub judice
-
Ans. (d)
93 of
Whether the pendency a suit in a foreign court will preclude the
courts in India from trying a suit founded on the same cause of action?
(a) Yesbe + (b) No
(¢) It will depend on the nature of the suit
(d) Finding will be said on valuation of the suit Ans. (b)
94. Section 10 of Civil Procedure Code can come into operation
(a) Before filing of written statement in the subsequent suit
(b) Before settlement of issues in subsequent suit
(c) After settlement of issues in subsequent suit
(d) All of these Ans. (d)
95. Provisions of Section 10 of C.P.C. are
(a) Directory (b) Mandatory
(c) Discretionary (d) None of the above Ans. (b)
96. Under section 10, Code of Civil Procedure, 1908, a court during
pendency of a suit before it
(a) can entertain and try second suit
(b) cannot entertain and proceed to try second suit
(c) shall not proceed to try though may entertain second suit
(d) neither can entertain nor shall proceed for second suit Ans. (¢c)
97. Which of the following is not an essential condition for the applicability
of the rule of sub judice?
(a) The matter in issue in the subsequent suit must be directly and
substantially in issue in the previous suit.
(b) Both the suits must be between the same parties or their
representatives.
(c) Such parties must be litigating under the same title in both the suits.
(d) The subject matter and the cause of action should be same in both
the suits. Ans, (d)
98. Provisions with regard to res judicata are provided in Section
of the Code of Civil Procedure, 1908.
-
(a) Section9 (b) Section 12
(c) Section 100 (d) Section ll Ans. (d)
99. On which of the following maxim the doctrine of ‘Res Judicata' is based?
(a) Qui facit per alium facit per se
(b) Ex turpi causa non oritur aztio
(c) Interest reipublicae ut sit finis litium
(d) Respondent superior Ans. (c}
 Civil Procedure Code | 13

is based on maxims :
100. The doctrine of res judicata should be
una et eadem causa (No man
(a) Nemo debt bis vexari pro
vexed twice for the same cause) of state that
sit finis litium (It is in the interest
(b) Interest republicae ut
there should be an end to the litigation) be accepted
(a judicial decision must
(¢) Res judicata pro veritate ocipitur
as correct) Ans. (d)
(d) All of the above deal with?
Section 11 of Civil Procedure Code
101. What do the provisions of
(b) Res subjudice
(a) Res judicata Ans. (a)
(d) Foreign Judgement
(c) Garnishee Order
is based on the principle that:
102. The rule of res judicata
(a) there should be an
end to litigation
troubled twice for the same cause of action
(b) no one should be
(c) Both (a) and (b) Ans. (c)
(d) Neither (c}nor (d)
103. Principle of res judicata applies vee
t0
(a) Suits only
(b) Execution proceeding only
() Arbitration proceedings only Ans. (d)
(d) Suits as well as execution proceedings
104. Res-judicata means suit between the
pendency of the previous
(a) Staying the suit during
similar issues
same parties involving similar
if suit involving similar issues between
(b) Not trying the suit
parties is decided
(c) Bar to further suit Ans. (b)
(d) Expending trial of the suit
105. Principle of res-judicata is
(b) directory
(a) mandatory Ans. (a)
(d) None of the above
(c) discretionary
106. Res Judicata does not operate
Beste (b) between co-plaintiffs
(a) between co-defendants Ans. (©)
defendant (d) none of these
(c) against a pro forma
107. ‘Res judicata’ does not apply to:
(b) between co-defendants
(a) between co-plaintiffs Ans. (d)
(d) writ of habeas corpus
(c) public interest litigation of ‘constructive res
deals with the concept
108. Which provision of the Code
judicata’? .

(b) Section 11
(a) Section 10 Ans. (b)
(d) Section 13
(c) Section 12
is
109. The rule of constructive res judicata
(a) A product of judicial interpretation
(b) A rule of equity
16 |
Kumar Question Bank
(c) Contained expressly in C.P.C.
(d) A part of Supreme Court rules Ans. (¢)
110. Whether an issue heard and finally decided by a competent court of
limited jurisdiction shall operate as res judicata in a subsequent suit,
that the aforesaid court was not competent to try.
(a) No
(b) Yes
(c) Answer would depend upon the nature of the issue
(d) None of the
above Ans. (b)
111. Which one of the following is not essential condition for application of
Res Judicata? .

(a) Previous suit was finally heard and decided by the Court of
Competent Jurisdiction
(b) Previous suit must be pending before a Court
{c) Parties in previous and the subsequent suits must be the same
(d) Subject matter of previous and the subsequent suits must be the
same Ans. (b)
112. A decision or finding given by court without jurisdiction
(a) Can operate as resjudicata under alt circumstances
(b) cannot operate as resjudicata
(c) can operate as resjudicata under certain circumstances only.
(d) may operate as resjudicata or may not operate as resjudicata.
Ans. (b)
113, Which of the following is not a case on res judicata?
(a) Dutches of Kingston case
(b) Chhajju Ram v. Neki ,
(c) Munni Bibi v. Trilok Nath
(d) Byram Pestonji Kariwala v. Union of India Ans. (b)
114, A was allotted a plot of land by the Union of India. The allotment was
cancelled and the said cancellation was upheld in a writ petition, till the
Supreme Court. A was however given liberty to file a civil suit and seek
compensation. A files a suit for compensation. In the suit,
(a) the findings in the final judgment in the writ petition would not
operate as res judicata,
(b) the findings in the final judgment in the writ petition would operate
as res judicata,
(c) the findings in the final judgment in the writ petition would operate
as res judicata qua the issue decided.
(d) the findings in the final judgment in the writ petition would operate
as res judicata qua all issues. Ans. (c)
115, A suit is dismissed wrongly on the ground of being barred by limitaion.
The order of dismissal would operate as res judicata and bar a
subsequent suit on the same cause of action.
)

(a) The above statement is true.

 Civil Procedure Code | 17
(b) The above statement is true.
(¢) It would depend upon the facts and circumstances of each
case.
(d) None of these Ans. (b}
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) Ito Section | of CPC
I
(b) Vto Section |1 of CPC
(c) VlIto Section of CPC
1

(d) IV to Section 11 of CPC Ans. (©)

117. Section 11 of the Code of Civil Procedure
contains :
(a) Five Explanations (b) Six Explanations
(c) Seven Explanations (d) Eight Explanations Ans, (dj
118. "A" sues for possession of Math
property as an heir of Mahant. The suit
is dismissed on his failure to produce the
succession certificate, ‘A’
files subsequent suit as manager of the Math. Ts the suit
barred?
(a) The second suit will be barred by res judicata
(b) The second suit will not be barred by res
judicata
(c) The second suit is barred by res sub judice
(d) None of the above Ans. (b)
19, If the suit is dismissed due in default of the
plaintiff and if there is
subsequent suit between some parties, then decision in the first suit
(a) amounts to res judicata
(b) amounts to res sub-judice
(c) does not amount to res judicata
(d) amounts to stay of subsequent suit Ans. {¢)
120. A decree for permanent injunction
restraining the defendant from
interfering with the possession of the Plaintiff, finding the possession
of the Plaintiff to be settled, would operate as res judicata in a suit for
partition filed by the Defendant for the same property.
(a) Yes
(b) No
(©) (a) and (b) depending on facts and
circumstances of each case.
(d) (a) and (b) depending on the discretion of Court. Ans. (b)
121. The principle of Private International Law is
incorporated in
(a) Sections 13 and 14 of the Code of Civil Procedure
(b) Sections 15 and 16 of the Code of Civil Procedure
(¢) Sections 17 and 18 of the Code of Civil Procedure
(d) Sections 19 and 20 of the Code of Civil Procedure
Ans. (a)
122. The pendency of a suit in............does not preclude the courts in India
from trying a suit founded on the same cause of action.
(a) Supreme Court (b) District Court
(¢) High Court (d) Foreign Court Ans. (d)
. Under Section 13 of CPC which of the
following judgments shall not be
conclusive?
(a) Judgment not on merit.
(b) Judgment founded on breach of Indian law.
18 | Kumar Question Bank
(c) Judgment against International law.
(d) All of the above Ans. (d)
124, Under Section 13 of CPC, a foreign judgment can be challenged on the
ground of : .

(a) competency of the Court pronounciag the judgment

law in force in India
(b) sustaining a claim founded on a breach of
(¢) being obtained by fraud
Ans. (d)
(d) all of these
. A foreign judgement

(a) can never be conclusive

(b) can be conclusive as to any matter indirectly adjudicated upon
between the same parties
between
(¢) can be conclusive as to any matter directly adjudicated upon
the same parties if it has not been pronounced by a court of competent
juris diction
between
(d) can be conclusive as to any matter directly adjudicated upon
the same parties if it has been pronounced by a court of competent
Ans. (d)
jurisdiction
126. Validity of a foreign judgment can be challenged under Section 13 of
CPC
(a) ina civil court only
(b) ina criminal court only
(¢) inboth civil and criminal court
Ans. (a)
(d) neither in civil nor in criminal court
be
127. Under section 13 of Civil Procedure Code, a foreign judgment can
challenged on the grounds of
(a) competency of court pronouncing the judgment
(b) being obtained by fraud
in India
(c) sustaining a claim founded on a breach of law enforce
Ans. (d)
(d) All of these
128. Which of the following not a ground
is to reject foreign judgement?
(a) Foreign judgement not by a competent court
(b) Foreign judgement not on merit
(c) Foreign judgment opposed to natural justice
of jurisdiction
(d) Foreign judgment based on irregular exercise
Ans. (d)
129. ‘Which Section of the CPC declares that the court shall presume, upon
the production of any document purporting to be a certified copy of a
foreign judgment, that such judgment was pronounced by a court
of
competent jurisdiction, unless the contrary appears on the record, or is

proved?
(a) Section 13 (b) Section 14
(d) Section 20 Ans. (b)
(c) Section 19
 Civil Procedure Code | 19
130. Section 14 of CPC enacts that the Court shall
presume, upon the
production of a certified eopy of a foreign judgment, that such judgment
was pronounced by a Court of competent jurisdiction. This
presumption
1s
(a) rebuttable presumption of fact
(b) irrebuttable presumption of fact
(¢c) rebuttable presumption of Jaw

(d) irrebuttable presumption of law Ans. (¢)

131. The provision for the institution of suits is given in which of
the following
sections of C.P.C.?
(a) Section 26 (b) Section 30
{c) Section 28 (d) Section25 Ans. (a)
132. In every plaint, under Section 26 of CPC, facts should be
proved by
(a) oral evidence (b) affidavit
{c) document (d) none of the above Ans. (b)
133. Place of suing is mentioned in which
part of Civil Procedure Code ?
(a) Part] (b) Parti!
(c) Partlll (d) Part! Ans. (a)
. Who does decide the jurisdiction

(a) Statement given by witness

of
a civil court?
(b) Pleading of the plaintiff
(c) Pleading of the defendant (d) Courtitself Ans. (d)
. Under Section 15 of the Code of Civil Procedure, suit shall be
every
instituted in
(a) district Court (b) the court of lower grade
(c) the court of higher grade (d) all of the above Ans. (b)
136. "Every suit shalt be instituted in the court of the lowest
grade competent
totry it." Such provision is related to
(a) Appellate Jurisdiction (b) Territorial Jurisdiction
(¢) Pecuniary Jurisdiction (d) Jurisdiction as to subject matter
Ans. (¢)
137. Decision of the Supreme Court in the case of Kusum
Ignots & Alloys
Limited v. Union of India (2004) 6 SCC 254 relates to ;
(a) Principle of res judicata and constructive res judicata
(b) Territorial jurisdiction and forum conveniens.
(¢) Scope of judicial review.
(d) Power of writ court in matters relating to contractual disputes.
Ans. (b)
138. Suit relating to immovable property can be filed under Section
16 of
Civil Procedure Code in such a court within whose
local jurisdiction :
(a) the defendant resides
(b) the defendant carries on business
(c) the property is situated
(d) the plaintiff resides or carries on business Ans. (¢)
20 | Kumar Question Bank
139. A suit for compensation for wrong done to the person or
to movable
the local jurisdiction of one
property, where the wrong was done within
court and the defendant resides within the local limits of another court :

within whose local jurisdiction the

(a) can be instituted in the court
wrong has been committed
whose local jurisdiction the
(b) can be instituted in the court within
defendant resides
(c) either (a) or (b) at the option ofthe plaintiff
Ans. (c)
(d) can be instituted anywhere in India
140. Which of the following statements is true?
shall be instituted ii the
(a) A suit for recovery of immovable property
court in whose jurisdiction the property is situated.
shall be instituted in the
(b) A suit for partition of immovable property
court in whose jurisdiction the defendant resides or works for gain,
(c) Both (a) and (b)
Ans. (a)
(d) Neither (a) nor (b)
shall be instituted in the Court
141. Suit for partition of immovable property
where:
(a) Plaintiff resides
(b) Plaintiff carries on his profession
(¢) Subject matter is situated
in any Court Ans. (c)
(d) With the permission of the District Judge,
shall be instituted in the
142. Suit for partition of joint immovable property
court within the local limits of whose jurisdiction
(a) Property is situated (b) Plaintiffresides
(d) All of these Ans. (a)
(¢) Defendant resides
situated
143. Place of institution of suit in respect of immovable property,
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 CPCAns. (a)
cities :
144, A suit for partition of properties situated in different
where the
(a) separate suits have {0 be filed in each of the cities
propertiesare situated.
situated.
(b) can be instituted in a city where any property are
of
(c) can be instituted in a city where majority of properties/property
maximum value is situated
them resides. Ans. (b)
(d) can be instituted where defendants or any of
145. Where the local limits of jurisdiction of Courts are
uncertain, the
place of institution of suit shall be decided according
to the provisions
of
(a) Section 16 of CPC (b) Section 17 of CPC
of (d) Section 19 of CPC Ans. (¢)
(c) Section 18 CPC
 Civil Procedure Code | 21
146. Which of the provision of the Code of Civil Pro cedure, 1908
provides
that the objection regard ing territorial or pecuniary jurisdiction has
to be raised at the first available opportunity?
(a) Section 10 (b) Section 1!
(c) Section20 (d) Section21 Ans. (d)
147. Objection as to place of suing shall be allowed in the
court of first
instance is the essence of :
(a)Section21Aof C.P.C. (b) Section20 of C.P.C.
(¢)Section22 of C.P.C. (d) Section21 of CPC. Ans. (d)
148. Under which provision of the C.P.C, is a suit to set aside a decree
on the
ground of lack of territorial jurisdiction barred?
(a) Section
21 (b) Section21A
(¢) Section22 (dy Section37 Ans. (b)
149, Which of the following jurisdiction of the court is not covered
under
Section 21 of the Code of Civil Procedure, 1908?
(a) Jurisdiction relating to subject-matter
(b) Territorial Jurisdiction
(¢) Pecuniary Jurisdiction
(d) Jurisdiction of executing court Ans. (a)
. Section 21 of the CPC deals with ..............
(a) pecuniary and territorial jurisdiction
(b) subject matter and personal jurisdiction
(c) personal and admiralty jurisdiction
(d) probate and summary jurisdiction Ans. (a)
151. According to Section 21 of the CPC when can an objection
as to the
place of the suing be taken?
(a) Anytime
°
:

(b) Can be taken at appellate or revision stage for the first time
(c) Before the Court of first instance at the earliest possible opportunity
(d) None of the above Ans. (¢)
152. Under the Code of Civil Procedure, 1908, objection to jurisdiction
as to
the place of suing shall not be allowed by any Appeallate or Revisional
Court. Unless such objection was taken
(@) in the court of first instance.

(b) at the earliest possible opportunity.

(c) and there has been a consequent failure of justice.
(d) when all the conditions of (a), (b) and (c) are fulfilled. Ans. (d)
. Under which provision of Civil Procedure Code,
a High Court can
transfer
any case?
(a) Section 20 (b) Section 12
(c) Section24 (d) Section 15 Ans. (c)
154. The general power to transfer suits under section 24 has been
granted
to:
(a) High Court (b) District Court
(c) Both (a)and (b) (d) Supreme Court Ans. (¢)
22 | Kumar Question Bank
155. Which of the following power is not granted to the High Court under
Section 24 of the Code of Civil Procedure, 1908?
(a) Power to transfer a suit from a court which has no jurisdiction to try
it.
(b) Power to transfer a suit pending before it for trial to any court
subordinate to it and competent to try.
(c) Power to withdraw any suit pending in subordinate court and try the
same.
(d) Power to transfer a suit pending before it for trial to other High
Court. Ans. (d)
. Under which provision of Civil Procedure Code, a Supreme Court can
transfer a case?
(a) Section25C.P.C. (b) Section20C.P.C.
(c) Section 12C.P.C. (d) Section 15C.P.C. Ans. (2)
157. Which of the following court has power to transfer an appeal under
Section 25 of the Code of Civil Procedure, 1908?
(a) Court of Small Causes (b) Supreme Court
(c) High Court . (d) District Court Ans. (b)
. Section 25 of the CPC provides for which of the following ?
(a) Power of the Supreme Court to transfer suits
(b) Power ofthe High Courts to transfer suits
(c) Power of District Courts to transfer suits
(d) Power of Commissioner to transfer suits Ans. (a)
159. By whom can the transfer of suit or proceeding from one state to other
state be ordered?
(a) Central Government (b) Supreme Courta
(c) High Court (d) Parfiament Ans. (b)
160. Which one of the following penalty cannot be imposed by the court to
compel the attendance of any person to whom a summons has been
issued under Section 30 of the Code of Civil Procedure, 1908?
(a) Ordef him to furnish security for his appearance
(b) Issue a warrant for his arrest
(c) Attach and sell his property
(d) Impose a fine upon him exceeding five thousand rupees Ans. (d)
161. The court may compel the attendance of any person to whom a summons
has been issued under Section 32 C.P.C. and for the purpose may impose
a fine upon him not exceeding :
(a) Rs. Five hundred (b) Rs. One thousand
(c) Rs. Three thousand (d) Rs. Five thousand Ans. (d)
162. Which of the following not provided
is as a penalty for compelling
attendance of a person against whom summons has been issued under
Section 320f CPC:
(a) Impose a fine not exceeding twenty thousand rupees.
(b) Issue a warrant for his arrest.
 Civil Procedure Code | 23
(¢) Attach and sell his property.
(d) Order him to furnish security for his appearance and in default commit
him to civil prison Ans. (a)
163. Under Section 32 6f CPC, to compel the attendance of a person to whom
a summon has been issued under Section 30 of CPC, the Court is
empowered to
(a) issue a warrant for his arrest
(b) attach and sell his property
(¢) impose a fine not exceeding Rs. 5,000
(d) either (a) or (bor (c) Ans, (d)
164. Provision for interest in CPC has been made
(a) under Section 32 (b) under Section 34
(¢) under Section 35A (d) under Section 35B Ans. (b)
165. Under Section 34 of Civil Procedure Code, Court can award interest
from the date of decree to the date of payment or such earlier date as the
Court thinks fit. Rate of such interest shall not exceed per annum.
(a) Nine per cent (b) Ten per cent
(c) Six percent (d) Twelve per cent Ans. (c)
166. Where a decree is silent as regards future interest
(a). Further interest shall be deemed to have been refused and a separate
suit shall lie for the same
(b) Further interest shall be deemed to have been refused and a separate
suit shall not lie for the same
(c) Only (a) is correct
(d) None of the above Ans. (b)
167. The expression, “Each party shall bear his own costs” implies that
(a) both the parties are entitled to cost from each other
(b) both the parties are not to be deprived of costs
(c) both the parties are to be deprived of costs
(d) both the parties are not entitled to cost from each other ~~ Ans. (c)
168. Under the Code of Civil Procedure, 1908, for the first time provision for
compensatory costs in respect of false or vexatious claims or defences,
has been made under
(a) Section 35 of the Code (b) Section 35(B) of the Code
(c) Section 35(A) ofthe Code ~~ (d) Section 34 of the Code Ans. (c) -

169. Compensatory costs can be imposed.

(a) If the claim for defence is false or vexatious and subsequently
disallowed or withdrawn
(b) If objection to the false or vexatious claim or defence has been taken
by the party at the earliest opportunity
(c) Both (a) and (b) are correct
(d) Both (a) and (b) are incorrect Ans. (c)
24 | Kumar Question Bank
179. Compensatory costs under Section 35A of CPC can be imposed to the
extent of
(a) Rs 3.000 . (b) Rs.6,000
{¢) Rs. 10,000 (d) without any limit Ans. (a)
171. Which one the following
of order is appealable?
(a) Order Under Section 35 (b) Order Under Section 35A
(c) Order Under Section 35B (d) Order Under Section 90 Ans. (b)
. Inthe Code of Civil Procedure, Section 33B is added by the Amendment
Act of 1976 for providing:
(a) compensatory costs (b) costs for causing delay
{c) general costs (d) miscellaneous costs Ans. (b)
173. 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 have been imposed
(d) only (bYand (c) Aus. (d)
174. The principles governing execution of decree and orders in CPCare
dealt within :
(a) Section 36 to 74 (substantive law) and Order 21 (procedural
provisions)
(b) Section 36 to 74 (procedural provisions) and Order21 (substantive)
(¢) Section [418A
(d) Section 148t0 1538 Ans. (a)
. The expression "Court
which passed a decree’ is defined under which
section of Civil Procedure Code
(a) 22) (®) 23)
(c) 37 (dy 38 Ans. (¢)
176. A decree may be executed under Civil Procedure Code by :

(a) Collector
(b) Sub-Coliector
(c) Tehsilder
(d) The Court which passed the decree Ans. (d)
177. A decree may be executed by :
(a) District Judge
(b) Commissioner
(c) Court which has passed the decree
(d) Either by the Court which has passed the decree or to which the
decree is sent for execution Ans. (d)
178. The application placed
is before the following court for the execution of
decrec:
(a) before District Court
 Civil Procedure Code | 25
(b) before that Court which has passed the decree
(¢) before that court where the defendant is
residing temporarily under
local jurisdiction
(d) before that court where the execution property is available
under
local jurisdiction
Ans. (b)
179. A decree for execution cannot be sent toa :
(a) Foreign court
(b) Court outside India established by the authority of Central
Government
(c) Both(a)& (b)
(d) Neither (aynor (b) Ans, (2)
180. The application for execution of decree
may be transferred from one
court to another court :
(a) if the party feels that there is a possibility of delay in justice
on the
part of court
)

(b) if the defendent lives or does business in the

jurisdiction of that
court where the application for execution of decree have to
transfer
(c) ifthe plaintiff has gone from the jurisdiction of the court which has
passed the decree
(d) not included in these
Ans. (b)
181. Court not competent to execute the decree
(a) Court which has passed the decree
(b) Court to which it is sent for execution
(¢) Both (a) and (b)
(d) Court ofcollector Ans. (d)
182. Which of the following statement is not true?
(a) The court which passed a decree
may execute it against property
outside the local limits of jurisdiction.
(b) A decree may be executed by the court which passed
(¢) A decree may be executed by the court to which it is sent for
execution.
(d) The court which passed the decree may of its own motion send it for
execution to any subordinate court of competent jurisdiction.
Aus. (a)
183. Provisions of Section 39 of CPC are :
(a) permissive and not mandatory
(b) mandatory and not permissible
(¢) mandatory and discretionary
(d) none ofthe above Ans. (a)
184, Under Order 8 Rule 6 C.P.C. set-off
may be permitted if
(a) The suit is for recovery of property
(b) Set-off claimed by the defendant is ascertained sum of
money
(¢) Value of property recoverable is less than
rupees De two lacs
(d) Defendant presents a written statement of the suit Ans. (b)
26 | Kumar Question Bank
185. Which of the following statement is not true with regard to set-off,
claimed by defendant?
(a) The sum of money must be recoverable by any defendant, if more
than one.
(b) The suit must be for recovery of money.
(¢) The sum of money must be ascertained.
(d) The sum of money must not exceed the limits of pecuniary
jurisdiction of the court, Ans. (a)
186. In which of the following cases can C set off the claim?
(a) A sues Con a Bill of Exchange C alleges that A has wrongfully
neglected to insure C's goods and is liable to pay in compensation
(b) Asues Band C for Rs. 1000 the debt is due to C by A alone
(c) A sues B and C for Rs. 1000 the debt is due to C by B alone
(d) A sues Con a bill of exchange of Rs. 500. C holds a judgement against
A for recovery of debt of Rs. and are 1,000 Ans. (d)
187. A sues B on a bill of exchange for Rs. 1000 B holds a judgment against
A for Rs. 2000.
(a) Pecuniary demand may be set off because both claims are definite
(b) Claims cannot be set off because issues are different
(c) Both (a) Md (b) af correct
(d) None’ of Me Moo Ans. (a)
188. A" and 'B' sue 'C’ for recovery of Rs. 1,000. 'C" has a debt due to him
by'A' aloneMblere ‘Clan
(a) set-off the debt against 'B'.
(b) set-off the debt against 'A".
(c) set-off the debt agaisnt 'A’ and 'B' both
(d) cannot set-offa debt due to him by ‘A’ alone. Ans. (d)
188. ‘A’and 'B'sue 'C' for Rs. 1000.
.

(a) 'C' cannot set-off debt a debt due to him from ‘A’ alone.
(b) 'C’ can set-off debt due to him from ‘A’alone as a matter of right.
(¢) 'C can set-off debt due to him from *A’alone with prior permission of
the Coud.
(d) None of the above Ans,
¢s
(a).
x
189. Consider the following statement(s).
(i) A defendant may set up, by way ofa counter claim against the claim
any right or claim in respect of the cause of action
plaintiff
Ces Le
of the
accruing
to him,
(ii) The counter-claim may be submitted by the defendant even after he
has delivered his defence.
(iit) The counter-claim shall not exceed the pecuniary jurisdiction of
the court. Which of the statements given above are correct?
(a) (i)and (ii) (by (i)and (iii) N

(©) (ihand (ii) (d) All these Ans. (d)

 Civil Procedure Code | 27
190. Provisions relating to Countér-claim is prescribed under .......... of Code
of Civil Procedure, 1908. .

(a) Order VII Rule6 (b) Order VII Rule 6A

(c) Order Vii Rule 6 {d) Order VIII Rule 6A Ans. (d)
192. If in any case in which the defendant sets up counter-claim, che suit of
the plaintiff is stayed, discontinued or dismissed the counter claim
(a) shall be stayed
(b) Nevertheless be proceeded with
(¢) May be continued with the leave of High Court
(d) No specific provision Ans. (b)
193. Set-off can be
(a) legal set-off’ (b) equitable set-off’
(c) both (a) and (b) (d) none of the above Ans. (c)
194. Where a decree is to be sent to a Court in another State for execution,
it has to be sent by :
(a) The High Court
(b) The District Court
(¢) The Court which passed the decree
(d) The Court which passed the decree with the consent of the High
Court Ans. (¢)
. Which ofthe following stater-ents is correct?
The court which passed the decrce may transfer it to another competent
court if the
(a) judgment debtor carries on business within the jurisdiction ofthe
latter court.
(b) judgment debtor has no property within the jurisdiction of the former
court sufficient to satisfy such decree but has property within the
of the latter court.
jurisdiction
(¢) decree directs the sale of’ immovable property situated outside the
local jurisdiction of the former court.
(d) Atl these. Ans. (d)
196. A court to which decree has been transferred for execution cannot,
while executing?
(a) order attachment
(1) execute the decree against the legal representative of the decreased
judgment debtor
(c) send the decree for execution to another court
(d) order execution at thé instance of the transferee of the decrce
Ans. (d)
197. Words/competent jurisdiction’ under Section 39 of C.P.C. refers to
(a) Pecuniary jurisdiction of transferee Court
(b) Territorial jurisdiction of the transferee Court
(¢) Pecuniary and territorial jurisdiction of the transferee Court
(d) None of the above Ans. (¢)
28 | Kumar Question Bank
198. Which of the following person may not file an application for
execution
under Civil Procedure Code, 1908 namely re

(a) A decree holder

dead
(b) Legal representative, if the decree holder is amma

(c) A person claiming under decree holder

Ans. (d)
(d) Judgment debtor
199. Provision relating to ‘Precept’ is provided in Civil Procedure
Code
ea

under
(a) Section40 (b) Section 44A
(d) Section 46 Ans. (d)
(c) Section45
200. Precept means

all
(a) command (b) order
(c) writ (d) of the above Ans. (b

201. As per Section 46 of Code of Civil Procedure, 1998 the ‘precept’

decree and
means an order issued by the court which passed the
addressed to .
(a) the District Collector to effect partition of property
(b) another court to arrest the judgment debtor
(©) the other court to attach the property of the judgment debtor,
specified in the precept
(d) the revenue court to sell the property attached by
the courtAns. (c)
202. "An order or direction given by the court which passed the decreetoa
court which would be competent to execute the decree, to attach any
debtor, is called
property belonging to the judgement
:

(a) precept (b) garnishee order

(¢) interlocutory order (d) simultaneous execution Ans. (a)
203. Which of the following court may issue precept?
(a) Only District court
(b) Only High Court
is situated
(¢) The court in whose jurisdiction the property
Ans. (d)
(d) The court passing the decree
. Precepts are
issued under section 46 of CPC for;
local jurisdiction
(a) Serving summons on persons residing beyond
(b) Serving a warrant on the judgment-debtor
(c) Attaching the property of the judgment-debtor
Ans, (c)
(d) None of the above
205. Which provision deals with determination of question relating to
discharge, satisfaction etc. of the decree?
(a) Section 48 ofthe Civil Procedure Code
PE
(b) Section 46 of the Civil Procedure Code
(c) Section 47 of the Civil Procedure Code
Ans. (c)
(d) Section 21 ofthe Civil Procedure Code
 Civil Procedure Code | 29
206. Under Section 47 of the Code of Civil Procedure, which question does
not relate to the execution, discharge or satisfaction of decree?
(a) Whether a decree is executable?
(b) Whether the property is liable to be sold in execution ofthe decree?
(c) Whether the decree is fully satisfied?
(d) Whether the decree is fraudulent or collusive? Ans. (d)
207. An Executing Court cannot determine the questions relating to which
of the following?
(a) Execution of decree (b) Discharge of decree
(c) Satisfaction of decree (d) Modification of decree Ans. (d)
208. Question that can be determined by the Court executing the decree is,
(a) Relating to execution alone
(b) Relating to discharge alone
(¢) Relating to part-payment alone
(d) Relating to execution, discharge or satisfaction Ans. (d)
209. of if
During proceeding for execution a decree, a question
of
arises as to
such
whether any person is or not the representative
is a party,
question shall be determined by
(a) the court which passed the decree
(b) the court executing the decree
(c) the Appellate Court
(d) a separate suit Ans. (b)
210. Where a judgment-debtor dies before the decree has been fully satisfied :
(a) the same cannot be executed against the legal representatives
——
(b) the same can be executed against anyone of the legal representatives
of the judgment debtor in its entirety
(c) the samé can be executed against all the legal representatives
(d) the same can be executed against any number of the legal
representatives as the decree holder wants Ans, (c)
211. To what extent a legal representative shall be liable if decree is executed
against him?
(a) He shalt not be liable even any property of deceased come to his
hand.
(b) His personal property shall be liable for execution of decree
(c) Only that property of deceased shall be liable which has come to his
hand and has not been duty disposed of
(d) Only that property of decreased shall be liable which has come to his
hand and has been duly disposed of. Ans. (c)
212. An ex-paite decree passed by Court ‘A’ was transferred to Court 'B' for
excction and execution proceedings are pending in Court 'B'. Court 'A’
sets aside the ex parte decree and on re-hearing, a fresh, decree was
passed on the same terms.
(a) Since the new decree was passed on the same terms, as the decree
which is set aside, the execution proceedings will continue.
30 | Kumar Question Bank
{b) Court'B' can continue to execute the exparte decree since the order
of transfer has not been recalled
(¢) The Decree Holder can seek amendment to the execution
proceedings.
(d) The execution proceedings in Court 'B'come to an
end and a fresh
execution petition would have to be filed for the new decree.
Ass. (d)
213. Which of the following is the true meaning of the term Legal
Representative under the Code of Civil Procedure 1908?
(a) A person who in law represents the estate of a deceased person
Any person who intermeddies with the estate ofthe
(by
deceased and
where a party sues in a representative character the person on whom
the estate devolves on the death of
a party so suing.
deceased and
(c) Any person who intermeddles with the cstate of the
where a party is sued in a representative character the person on
whom the estate devolves on the death of a party so sued.
(d) All of the above
Ans. (d)
214. Under Section 51 of CPC, which one is not methoda to enforce execution
of the decree?
(a) by appointing a receiver (b) by sale without attachment
(c) by arrest and detention (d) by appointing a commission
Ans. (d)
In which of the following cases the Supreme Court has upheld the
_

validity of Section 51 of Code of Civil Procedure?

(a) Xavier v. Bank of Canara
(b) The Visaka case
(¢) Indian Gramophone Co. v. Birendra Bahadur Pandey
(dy Jolly George Verghese v. Bank of Cochin
Ans. (d)
216. In which of the following ways can the Court not order execution of
a
decree as per Section 31 of the Code?
(a) By delivery of any property specifically decreed
(b) By attachment and sale of property
(¢) By serving summons on the party
(d) By appointing a receiver .
Ans. (¢)
217. Arrest a
of
person in execution of
a decree has been provided
(a) under Section 53 of the Code of Civil Procedure
(b) under Section 54 of the Code of Civil Procedure
(c) under Section 56 of the Code of Civil Procedure
Ans. (d)
(d) under Section 55 of the Code of Civil Procedure
218. The court cannot order execution a of
decree as per Section 51 of Civil
Procedure Code, in which of the following ways?
(a) By attachment and sale of property
the person
(b) A decree for restitution of conjugal rights, by sending
hisband or wife as the case may be to civil prison
 Civil Procedure Code | 31
(c) By appointing a receiver
(d) By delivery of any property specifically decreed
Ans. (b)
219. Which section of Civil Procedure Code
prohibits arrest or detention of
women in the execution of decree for money?
(a) Section 55 (b) Section 56
(c) Section 59 (d) Section 60 Ans. (b)
220. Decree for payment of money passed againsta
woman cannot be executed;
(a) by proceeding against her legal representatives, if she dies.
(b) by attachment and sale of her property.
(¢) by appointing a receiver.
(d) by her arrest and detention in prison. Ans. (d)
221. Which of the following statements is false :
(a) No woman can be arrested or detained in the civil prison in execution
of a decree except for the execution of a decree for the
payment of
money
(b) Books of account any right of personal service and a right to future
maintenance shall not be liable to attachment or sale in execution
of
a decree
(c) Where a decree is to be sent for execution to another
Court, the
Court which passed such decree shall send the decree
directly to
such other Court whether or not such Court is situated in the
same
State
(d) Where the holder of a decree for the
possession of immovable
property or the purchaser of any such property sold in execution ~f
a decree is resisted or obstructed by any
person obtaining possession
of the property, he may make an application to the Court
complaining
of such resistance or obstruction Ans. (a)
222. Under the Code of Civil Procedure, 1908, no
women shall be arrested and
detained in civil prison in the matter regarding to the decree relates to
(a) family disputes
(b) matrimonial disputes
+

(c) legitimacy.of children disputés

(d) payment of money disputes
,, -
Ans. (d)
. Section 56 of Civil Procedure Code
specifically prohibits the arrest or
of
detention in civil prison, in execution a decree, of:
(a) a sick person (b) a minor person
{(€) aweman
« .(d) 3M ofthese Ans. (¢)
On which one of the following grounds under Civil Procedure
Code,
1908 a warrant of arrest against a
“judgment debtor” may be cancelled
by the Court?
(a) serious illness
(b) appearance in marriage ofhis son
(c) to cast vote in general elections
(d) None of the above
Ans. (a)
32 | Kumar Question~Bank
225. Who does pay the subsistence allowance in case
of arrest of judgment
debtor for execution of a decree?
(a) State Government (b) Decree holder
debtor (d) Court Ans. (b)
(c) Judgement
released from the
226. Under section 58 of CPC, a person detained shall
be
detention on the amount mentioned the
in warrant of his detention being
paid to;
(a) The officer appointed by the court
(b) The court
(c) The officer in charge of the civil prison
Ans. (c)
(d) None ofthe above
227. Where the decree is for the payment of sum
of money exceeding five
thousand rupees the period of civil prison?
(a) Shall not exceed three months (b)
Shall not exceed six months
Shall not exceed one year
(c) Shall not exceed nine months (d)
Ans. (a)
Procedure no detention in civil
228. According to Section 58 of Code of Civil
for a payment of amount :
imprisonment can be ordered the decree
if is

(a) Not exceeding Rs. 500 (b) Not exceeding Rs. 1000
{c} NotexceedingRs. 1,500 (d) Not exceeding Rs. 2,000Ans. (d)
229. Where a judgment-debtor has been committed to the civil prison, he
may be released therefrom
:
of any
(a) By the State Government on the ground of the existence
infectious disease
{b) By the committing Court or any Court
to which that Court is
subordinate on ground of serious illness on
(¢) By the State Government on
the ground of the existence of any
contagious disease
Ans. (d)
(d) All the above
execution of decree for the payment
234. A judgment-debtor is arrested in a
of money and the Judgment-debtor pays the amount
of the decree and
officer arresting him, such officer
the costs of the arrest to the
to civil prison
(a) Shall send the judgment-debtor
(b) Shall take judgment-debtor to the court
(c) Shall at once release him
from him Ans. {¢)
(d) Shall release him after taking security
60 of Civil Procedure Code which of the following
. Under section
propertics is not liable to attachment and sale in execution of a decree?
(a) Negotiable instruments (b) Houses or other buildings
{¢) Government Securities {dy Any right of personal services
Ans. (d)
je]
[ i . Section 75 of C.P.C. deals with
(a) Power to Issue summons (b) Power to issue commission

) Right to appeal (d) Res judicata Ans. (b)

 Civil Procedure Code | 33
233. A civil court cannot issue commission in the following case
(a) for examining a person (b) For examining accounts
(c) to execute partition (d) Toexecuteadecree Ans. (d)
. For which of the following purpose a court
may issue commission?
(a) To examine any person
(b) To make partition of property
(¢) vo perform any ministerial acts
(d) For all of these purposes. Ans, (d)
. Court may not issue 2 commission :
(a) to examine any person (b) to examine accounts
(c) to perform any ministerial act (d) to arrest a person Ans. (d)
236. In which of the following case, the Court may issue a commission
(a) 10 examine any person (b) to make a local investigation

237.
(¢)
tomake a partition - (d) All of these
Under Civil Procedure Code, a Court may not issue a commission
Ans. (d)

(a) For elucidating any matter in dispute

(b) For ascertaining the market value of any propety
(c) For assessing the amount of any mesne profit or damages
(d) For framing of issue Ans. (d)
238. For which of the following purpose a commission is not issued?
(a) To make local investigation
(b) To examine a person
(c) To order a party to appear in the Court and answer the claim
(d) To make a partition :

Ans. (¢)
239. Under Section 75 of Civil Procedure Code, the court cannot issue
commission :

(a) to examine any person

(b) to make a partition
(c) to conduct sale of property which is not in the custody of the court
(d) to hold a scientific technical or expert investigation Ans. (¢)
240. Under Code of Civil Procedure, 1908 "Letter of Request be
may issued
to .

(a) examine a witness (b) to make a local investigation

(¢) to make a partition (d) to conduct sale of property
Ans. (a)
241. Part-IV of the Code of Civil Procedure, 1908 deals with
(a) special proceedings (b) execution
(c) incidental proceedings (d) suits in-particular cases Ans. (d)
242. Thestipulation that in a suit by the Central Government, the
authority
to be named as plaintiff shall be "the Union of India” has been provided
for in Section :
(a) 78 [CI]
(c) A @ 7 Ans. (b)
34 |Kumar Question Bank
243. Order XXVI! of the Code of Civil Procedure, 1908 deals with
(a) Death, Marriage and Insolvency of parties
(b) Suits by or against the Government or Public officer in their official
capacity.
(c) Summary procedure
(d) Adjustments Ans. (b)
244. As provided in Section 79 of the Code of Civil Procedure a suit by the
Central Government must be filed in the name of
(a) The President of India (b) Attorney Genera! of India
(c) Prime Minister of India (d) Union of India Ans. (d)
. For instituting a suit against the Government or against a Public Officer

in official capacity, the notice period under Section 80 of CPC is

(a) 3 months (b) 2 months
(c) | month (d) 15 days Ans. (b)
246. Under which section of C.P.C. a notice is required to be given at least
two months before filing a suit against a Central or State Government?
(a) Section 50C.PC. (b) Section51C.PC.
{¢) Section80C.PC. (d) Section81 C.PC. Ans, (¢)
247. No suit shall be instituted against a public officer in respect of any act
done in his official capacity, until the expiration of......... next after notice
in writing has been delivered.
(a) six months (b) two weeks
(c) two months (d) six weeks Ans. (¢)
248. Which of the following statements is correct:
(a) No suit, not involving urgent or imine ate relief, may be instituted
against the Central Government except after serving a notice of two
months
(b) A decree against the Union of India may not be executed unless it
remains unsatisfied for a period ofthree months.
(c) Both (a) and (b) are correct.
{d) Both (a) and (b) are incorrect. Ans. (¢)
249. In a suit, which relates to a railway, the authority to be named as plaintiff
or defendant shall be :
(@) The General Manager of the Railway

(b) A Secretary to the Central Goverarent

(2) The Collector of the district
(d) The Union of India Ans. a)
250. Provisions of section 80 of the Civil Procedure Code arc
(a) mandatory (b) directory
(c) discretionary (d) none of the above Ans. (2)
251. Which one of the following is a true statement in relation to Section 80
of Civil Procedure Code?
(a) A suit without service of notice can be instituted generally, with the
leave of the court
 Civil Procedure Code | 35
(b) A suit without service of notice can be instituted in cases of urgent
or immediate relief, with the leave of the court
(c) In cases of urgent or immediate relief where leave to institute the suit
without service of notice has been granted, interim or otherwise ex
parte relief can be granted
(d) No suit under Section 80 can be instituted without the compliance of
the requirement of notice Ans. (b)
252. In a suit to obtain an urgent or immediate relief against Government or
public officer for act done in his official capacity, if the court is satisfied
after hearing the parties that no urgent or immediate relief need to be
granted in suit, the court shall
(a) impose penalty upon plaintiff
(b) reject the plaint
(c) pass a decree in favour of that government or public officer
(d) return the plaint for presentation after complying with requirements
. Ans. (d)
253. Notice under Section 80 of the Code of Civil Procedure is mandatory
when
(a) The suit is against a Co-operative Society
(b) The suit is against the. Government
(¢) The suit is against Gram Panchayat
(d) The suit is against Municipal Corporation Ans. (b)
254. Provisions of Section 80 of C.P.C. are binding on
(@) The CourtofaCiviljudge (b) The Court of District Judge
(¢) The High Court (dy All of the above Ans. (d)
. What does Section 80 CPC deal with?
(a) Foreign Judgement
(b) Injunction
(c) Requirement of notice for institution of suit against Government
(d) A ward of cost Ans. (¢)
256. In the case of suit against the Central Government, where it relates to
railway, a prior notice writing required to delivered to
in is be
a) Minister of Home Affairs (b) Secretary to Central Government
(c) General Manager of Railway (d) Minister of Railway Ans. (c)
257. A notice in writing under Section 80 of the Civil Procedure Code has to
begivento the:
(a) S=cretary to Central Government in case of suit against that
Government
(b) President of India in case ofsuit against the Central Government
(c) Secretary of Railways, in case of suit against Central Government
’

involving railways
td) (ayand (c) both Ansa)
36 |
Kumar Question Bank
258. Where a decree is passed against the Union of India or a State for the
act done in the official capacity of the officer concerned, under Section
82 C.P.C., execution shall not be issued on any such decree unless the
decree remains unsatisfied for a period of
of the decree
(a) 3 months from the date
(b) 6 months from the date of the decree
(¢) | year fromthe date of the decree
(d) 2 years from the date of the decree Ans. (a)
259. In what capacity the court may add Government asa party under Rule 2
of Order XXVIII A of the Code of Civil Procedure, 1908?
(a) Asa co-plaintift (b) Asa plaintiff
(c) As a witness (d) As a defendant Ans. (d)
260. In a suit against the State Government, who may sign the plaint on
behalf of the Government?
(a) Governor of the State
(b) Chief Minister of the State
(c) Chief Secretary of the State
(d) A person who by a general or special order appointed in this behalf
by the government Ans. {d)
261. How much time period can be extended in aggregate by the court under
Rule 5 of Order XXVII of the Code of Civil Procedure, 1908?
(a) Notexceeding 3 months (b) Not exceeding 30 days
(c) Not exceeding 15 days (d) Not exceeding 2 monthsAns. (d)
262. Rule 8 of order XXVII of the Code of Civil Procedure, 1908 deals with
(a) Agent for Government to receive process
(b) Procedure in suits against public officer
(c) Definition of Government
(d) Persons authorized te act for Government Ans. (b)
263. Which of the following privilege is not given to the public officer in a
suit instituted against a public officer in respect of any act done by him
in his official capacity?
(a) His property shall not be liable to attachment in execution of a decree.
(b) He shall not be liable to arrest.
(c) He may be exempted from appearing in person.
(d) The Government shall be joined as a party to the suit. Ans. (a)
264. Under which provision of C.P.C. an Ambassador can be sued?
(a) Section 86 (b) Section 88
{c) Section 88A (d) He cannot be sued Ans. (a)
265. A person may sue a foreign state ;
(a) With the consent of the State Government
(bY Only with the consent of the Central Go

(c} With the consent of Central or State «

id) With the consent of the President of Indin Ans, {b)
 Civil Procedure Code | 37
266 Which of the
following cannot institute a suit in Indian Courts?
(a) A Foreign State (bY Citizen of India

(c) Alien friend

(d) Alien enemy residing in India without permission of Central
Government Ans. (d)
267. Which of the following is true
(a) Align encimies residing in India can never sue
(b) Alien enemies residing in India may sue with the permission of the
Central Government
(¢) Alien enemies residing in India may sue with the permission of the
State Government in whose jurisdiction they are residing
(d) Alien enemies can sue in any court Ans. (b)
268. The provision regarding inter-pleader suit has been incorporated in
Secetion :

(a) 87 (b) $8
(c) 8 (d) 9 Ans. (b)
269. Provisions relating to inter-pleader suit are contained in :
(2) Order XXXIV of CPC (b) Section 88 of CPC
{c) Order XXXV of CPC (d) Both (b)and(c) Ans. (3)
270. For an "inter-pleader siiit' which of the following conditions is not
necessary?
(a) There must be some debt or the property in dispute
(b) Two or more persons claiming the debt or the property in dispute
adversely to one another
(c) There must be suit pending wherein the rights of rival claimants for
the debt or the property in dispute can be properly adjudicated
(d) All of the above Ans. (¢)
271. Inter-pleader suit is a suit :
(a) Between two advocates
(b) Between Union Government Pleader and State Government Pleader
(2) Instituted by a person who has no interest in the subj ct matter
(d) Instituted by a person who has interest in the subject matter
Ans. (c)
272. 'A’ deposits a box of jewels with 'B' as his agent. 'Calleges that the
jewels were wrongfully obtained by 'A' from him and claims them from
'B'". There 'B' .
(a) can institute inter-pleader suit againt 'A".
(b) can institute Inter-pleader suit against 'C".
(c) can institute Inter-pleaser suit against 'A’ and 'C' both.
(d) cannot institute an inter-pleader suit against 'A’ and 'C". Ans. (d)
. Sectinn £9 ofthe Code of Civil Procedur deals with which one of tise
fobs 7

(a) ApPOMiMent 0; rece

th) Imerpleader suit
i
38 |
Kumar Question Bank
(c) Settlement of disputes outside the court
(d) Cancellation.of decree- Ans. (c)
374, Provision for settlement of dispute outside court has been provided
under Section ............ of Civil Procedure Code.
(a) 91 (b) 8&9
Ans. (b)
’

(c) 51 (d) 151

275. Section 89 of the CPC was inserted in .
(@) 1993 (b) 1998
(c) 1999 (d) 2009 Ans. (c)
276. The Court under Section 89(1) of the CPC can refer the dispute for
(a) Mediation or Lok Adalat (b) Arbitration or conciliation
(c) Conciliation or mediation (d) All of the above Ans. (d)
277. The Supreme Court of India has laid down the law relating to Alternative
Dispute Resolution processes and Section 89 of the Code of Civil
Procedure in the case of :
(a) Dinesh Kumar v. Yusuf Ali
(b) Afcon Infrastructure Ltd. v. Cherian Varkey Construction Co.
(c) Bimlesh.v. New Delhi Assurance Co.
(d) Standard Chartered Bank v. V. Nobl Kumar Ans. (b)
278, Which one of the following modes of settlement of disputes outside the
Court has not been provided in Section 89 of CPC?
(a) Arbitration (b) Conciliation
(c) Negotiation (d) Mediation Ans. (¢)
279, Section 89 of the Code of Civil Procedure, 1908 provides that the court
shall attempt settlement of disputes :
(a) In all cases
(b) In cases where both parties specifically plead for settlement
(c) In case where at least one of the parties pleads for settlement
(d) In cases where the Court is satisfied that there is a possibility of

sua
arriving at a settlement that may be en acceptable to both parties.
Ans. ©)
that there exist element ofa settlement
LO FYI eds
280. Where it appears to the court
the court shall
(a) decide the matter itself
(b) refer the same for arbitration, conciliation or mediation
(c) leave the matter undecided
(d) none of the above Ans. (b)
281. The provisions regarding "friendly suits’ arein :
(a) Section 90, Order 36 of the Code of Civil Procedure
(b) Section 88, Order 35 of the Code of Civil Procedure
(c) Order 34 ofthe Code of Civil Procedure
(dy Order 33 of the Code of Civil Procedure Ans. (a)
 Civil Procedure Code | 39

. Suits for declaration & injunction in respect of public nuisances under

Section 91 of CPC can be instituted by
(a) an individual without the leave of the Court
(b) an individual with the leave of the Court
(c) two or more persons without the leave of the Court
(d) two or more persons with the leave ofthe Court Ans. (d)
283. Who can file a suit under Section 91 of Civil Procedure Code for public
nuisance? .
(a) Advocate General (b) Any citizen
(c) District Magistrate (d) Any 10 or more citizens Ans. (a)
284. In the case ofa public nuisance a suit under Section 91 of the Code of
Civil Procedure fora declaration and injunction may be instituted by
(a) A person aggrieved
(b) A person to whom special damage has been caused by reason of ’

such public nuisance

(¢) With the leave of the court of two or more persons, even though no
special damage has been caused to such persons
(d) Two or more persons to whom special damage has been caused by
reason of such public nuisance Ans. (c)
285. Where a person commits a public nuisance
(a) He is liable to criminal prosecution under L.P.C.
(b) Suit may be filed against him under section 91 of Civil Procedure
Code .

(¢) Suit for damages may be filed against him

(d) All the above Ans. (d)
. Who amongst the following may sue
for public nuisance and other
wrongful acts affecting the public ?
(4) The Advocate General only
(b) With the leave of the court by two or more persons only
(¢) Anybody who is affected by it
Wy (2) and (b) both * Ans.(d)
287. A suit in respect of public charities is provided under
(a) Section 92 of CPC (b) Section410fCPC
(¢) Section 100 of CPC (d) Section 105 of CPC Ans. (a)
288. In which of the follopving Sections of the Code of Civil Procedure,
‘provisions fofstifsYelating to ‘pI Tharides ts fount?
(a) Sections 90-91 (b) Sections 92-93
(¢) Sections 94-95 (d) Sections 96-100 Ans. (b)
does not find a place under the provision of
. Which one of the following
see. 94, C.P.C. relating to supplemental procecdings?
(a) Afrest before judgement (b) Attachment before judgement
(c) Temporary injunction (d) Appointment of executors
Ans. (d)
’

40 | Kumar Question Bank

290. Supplemental and incidental proceedings are stated in
(a) CPC. a.
(b) CrPC.
(c) Unlawful Activities (Prevention) Act
(d) None of the above Ans. (a)
291. Which of the following is not
a supplemental proceeding?
(a) grant of temporary injunction
(b) appointment of a receiver
(c) direction to defendant to furnish security
(dy issuance of of
a commission
with
Ans. (d)
292. Which provision the Code of Civil Procedure 1908 deals appeal
from original decree?
(a) Section 90 (b) Section 96
(c) Section 82. (d) Section98 Ans. (b)
293. “No appeal shall lie from a decree passed by the court with the consent
of parties”. It is provided’
(a) Section96(1)C.P.C. (b) Section 96(2) C.P.C.
(c) Section 96(3)C.P.C. (d) Section 96(4) C.P.C. Aus. (¢)
294. Section 96(4) of the Code of Civil Procedure inserted by the Code of
Civil Procedure (Amendment) Act, 1976, bars :
(a) appeal against consent decree(b) appeal in petty cases
(c) appeal against final decree (d) appeal against findings Ans. (b)
295, An appeal shall lie
(a) from all orders passed by the Court
(b) only from such orders as provided in the Code of Civil Procedure
(c) from none of the orders passed by the District Courts
(d) from none of the decrees by the District Courts Ans. (b)
296. Point out the wrong statement :
(a) Where the defendant appears and the plaintiff does not appear,
is called for hearing, the court shall dismiss the suit
. when the suit
and the plaintiff shall be barred from filing a fresh suit on the same
cause of action.
(b) No appeal may lie from an original decree passed ex parte.
(c) The plaintiff may apply to the court which passed an ex parte decree
against him, for an order to set it aside.
(d) No court shall set aside a decree passed ex parte merely on the
ground that there has been an irregularity in the service of summon
upon the defendant. Ans. (b)
297. Against which of the following decree, an appeal shall not lie?
(a) A decree passed by the High Court
(b) Ex-parte decree
(c) A decree passed by the District Court
(d) A decree passed by the court with consent of parties Ans. (d)
 Civil Procedure Code | 41

298. Under which Section of C.P.C. appeal is barred against a consent decree?
(a) Section97 (b) Section 96(1)
(d) Section 96(4) Ans. (¢)
(c} Section 96(3)
299. Under which Section of the Civil Procedure a second appeal can filed
be
(bY Section 99A
(a) Section 99
(d) Section 160A Ans. (c)
(c) Section 100
300. Second Appeal under section 100 of Civil Procedure Code lies before:
(a) District Court (b) High Court
(d) Special Court Ans. (b)
i

(c) Supreme Court

under section 100(1) of C.P.C. for
301. Essential condition provided
preferring second appeal is
(a) Substantial question of fact
(b) Substantial question of law
(¢) Error regarding jurisdiction
Ans. (b)
(d) Subject matter of public importance
302. Under the provisions of Code of Civil Procedure, no second appeal lies
in a suit for recovery of money not exceeding
(a) Rs.25,000 (b) Rs.50,000
(d) Rs.2,00,000 Ans. (3)
(c) Rs. 1,00,000
bench of a High Court, where
303. If the appeal is heard by a single judge
does further appeal lie
(a) Onlytothe S.C. (b) No further appeal
(d) None of these Ans. (b)
(c) By division bench of H.C.
304, Under section 100A of the CPC, where any appeal from an original or
decree order heard and decided by a single judge of a
appellate or is
High Court :
and decree of such
(a) No further appeal shall lie from the judgement
single judge
for the High Court
(b) Further appeal shall lic under the Letters Patent
(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. (2)
305. In second appeal the re-appreciation of evidence is;
(a) permissible (b) subject of revision
(c) not permissible (d) none of these Ans. (c)
306. Which one of the following cases on second appeal
is ?

Madan Lal v. Bal Krishna

(a)
Sudhir G. Angur v. M. Sanjeev
(b)
Sheodan Singh v. Daryao Kunwar
:

(c)
Harshad Chiman Lal Modi v. D.LF. Universal Ltd. Ans. (a)
(d)
307. Under Section 104 of the Code of Civil Procedure an appeal can be
preferred against
institute suit
(a) an order under Section 91 to refuse permission to
(bY an order under Section 95 for compensation
 42 | Kumar Question Bank
(c) un order unde Section 92
(d) All ofthe above Ans. (d)
308. An appeal shall not lie from which of the following order under the Code
of Civil Procedure ?
(a) Section35A (b) Section35B
(c) Section 95 (d) Section91] Ans. (b)
309. Which of the following is not correct regarding the powers of Appellate
Court?
(a) Appellate Court has
power to determine a case finally
(b) Appellate Court has
power to remand the case
(c) Appellate Court has
no power to take additional evidence
(d) Appellate Court has
power to frame issue and refer them for trial
Ans. (¢)
310. Which one of the following is correct?
(2) Appellate Court shall have power to determine a case finally
(b) Appellate Court shall not remand a case
(c) Appellate Court shall not have a power to frame issue and refer them
for trial
(d) Appellate Court shall not have power to take additional evidence
R
Ans. (a)
3H. Which of the following is not correct regarding powers of appellate court?
(a) Have power to remand the case
(b) Have power to take additional evidence of
(c) Not have power to take additional evidence
(d) Have power to frame issue and refer them for trial Ans. (¢)
312. Which one of the
following combination is mismatched under Civil
Procedure Code?
(a) Temporary Injunction - Order39
(b) Right to Lodge a Caveat - Section 148A
(c) Suit by Pauper - Order33
(d) Powers of Appellate Court Section 102 Ans. (d)
313. 'Reference’ under the Code of Civil Procedure may be made to :
(a) the Supreme Court (b) the High Court
(c) the District Judge (d) none of the above Ans. (b)
314. Who may apply for reference under Section 113 of the Code of Civil
Procedure 1908
(a) A party to suit (b) Court
(c) Both (a) and (b) {(d) None of the above Ans, (b)
315, If court is satisfied that a case pending before it involves a question as to
validity of any Act, the Court should
(a) Decide the validity of Act
(b) Refer the matter to the High Court
(c) High Court should exercise power to revision
(d) Refer to supreme court for advice Ans.(b)
..
 Civil Procedure Code | 43

Code of Civil Procedure, 1908

316. Which of the following Section of the
deals with the provisions relating to
"Review"?
(a) Section 115 (b) Section 112
(d) Section 114 Ans. (d)
(c) Section 113
Civil Procedure, 1908, any person
317. Under Section 114 of the Code of
considering himself aggrieved by a decree or order may apply for wee
(a) Review (b) Revision
(d) None of the above Ans. (a)
(c) Reference read with
should be :
318. Section 114 of the Code of Civil Procedure
(b) Order47, Rule 1
(a) Ordei46,Rule | Ans. (b)
Order47,Rule3 (dy Orderdl
(c) ifucccens
review of a judgment
319. An application can be filed for
(a) If the judgment is erroneous
(by If there is error apparent on
the face of the record
(c) If the matter is important
and requires rehearing
Ans. (b)
(d) None of the above made
decree can be
320. An application for review of an order or a
(a) to the appellate court
(b) by an advocate for a party
(c) by a Sessions Judge Ans. (d)
passed the decree
(d) to the Court that made the rrder or
would lie only when
321. A petition for review of judgement
the judgement
(a) The person partly obeyed
decreta! amount
:

(b) Deposits entire

CPC but no appeal has been preferred
(c) An appeal is allowed by

order
for filing review Ans. (¢)
(d) Leave of the Court is obtained
review ofan or judgement of
322. Aggrieved person may not apply for a
grounds:
a Civil Court, on one of the following
from which an appeal is allowed but from which no
(a) A decree ororder
appeal has been preferred
in the absence of aggrieved person
(b) A decree or order is passed
which no appeal is allowed
(c) A decree or order from
court of small cause courtAns. (b)
(d) A decisionona reference from a
review of judgment may
323. Under which of the following circumstances,
not lie?
which an appeal is allowed by this code,
(a) By a decree or order from
but from which no appeal has been preferred code
which no appeal is allowed by this
(b) By a decree or order from
from a court a small causes
(c) By adecisionona reference Ans. (d)
(d) Appeal dismissed
of
324. A judgment can be reviewed on the ground
evidence, not within the knowledge
(a) discovery of new & important

of the party concerned

(b) mistake or error of fact or
law on the face of the record
44 | Kumar Question Bank
(c) both (a) & (b)
(d) none of the above Ans, (c)
. Under Section 115 of CPC, the High Court has the power : of
(a) Revision
(b) Review
(c) Reference
(d) Vary or reverse any order whatsoever Ans. (a)
. Which of the following court has the power of revision with regard to
Civil matters?
(a) City Civil Court (b) District Court
(c) Court of Small Causes (d) High Court Ans. (d)
327. Which section of the Code of Civil Procedure, 1908 is clearly in the
nature of a power to issue a writ of certiorari?
(a) Section 11 (b) Section 105
(¢) Section 115 (d) Section 122 Ans. (c)
328. Under Section 115 of the Code of Civil Procedure
(a) non-exercise of jurisdiction vested in a court
(b) irregular exercise of jurisdiction vested in the court
{c) exercise of jurisdiction not vested in a court
(d) all of the above Ans. (d)
329. The nature of Revision under Code of Civil Procedure is that
(a) it operates as a stay of the proceeding
(b) it operates as a stay of proceedings and suit both.
(c) it operates as a stay of suit
(d) it shall not operate as a stay of the suit or proceedings except where
such suit or proceedings is stayed by the High Court. Aus. (d)
330. Which one of the following Sections of the CPC provides exemption of
+

certain women from personal appearance in the court?

(a) Section 133 (b) Section 135
(c) Section I35A (d) Section 132 Ans, (d)
331. ‘Who among the following is not entitled to exemption from personal
appearance in the Court?
(a) Former Indian Ruler
(b) Chairman of the State Legislative Councils
(¢) The Ministers of States
{d) Collector Ans. (d)
332. The Code of Civil Procedure
(a) exempts Ministers of State from personal appearance in Court
(b) does not exempt any person from personal appearance in Court
(c) exempts advocates from personal appearance in Courts and the
(d) exempts Municipal Commissioners from personal appearance in
Courts Ans. (a)
 Civil Procedure Code | 45
under
333. Exemption from personal appearance in the court is provided
(a) Section 133 of CPC (b) Section 132 0f CPC
(d) Section 142 of CPC Ans. (a)
(c) Section 143 of CPC
before
334. Who of the following is exempted from personal appearance
court?
(a) Ministers of Union (b) Ministers of State
(d) All of these Ans. (d)
(c) Judges of High Court
exemption to Members
Which Section ofthe Civil Procedure Code grant
of Legislatures from arrest and detention under civil process?
(a) Section 80 (b) Section 134
(d) Section 132 Ans. (¢)
(c) Section 135A
can be arrested or detained under civil
. Which of the following person

process?
in his court.
(a) A magistrate while going to or presiding
continuance of any
(b) A member of either House of Parliament during
meeting of such House.
(c) A member of Legislative Council of State during continuance of any
meeting of such council.
woman who according to customs and manner of country,
A ought
(d)
Ans. (d)
not to be compelled to appear in public.
337. Does the Civil Court (Trial Court) have the power of
restitution on
of
variation a decree or order in appeal?
the decree has the power
(a) Trial court of first instance that had passed
of restitution
when Section
(b) A separate civil suit has to be filed for restitution
144(1) of the Code of Civil Procedure, 1908 applies
(¢) Trial Court of first instance that had passed
the decree has no power
of restitution
Ans. (a)
(d) There is no power of restitution
338. On the reversal of decree, which section imposes an obligation on the
an unjust benefit of the erroneous decree
party to the suit who received
to make restitution to the other party for what he has lost?
(a) Section 141,CPC (b) Section 142,CPC
(d) Section 144,CPC Ans. (d)
(c) Section 143,CPC |
of the Code of Civil Procedure
339. Which one of the following sections
Code, 1908 embraces the principle of restitutions?
(a) Section 134 (b) Section 144
(dy Section 151 Ans. (b)
(c) Section 148A
340. What is the meaning of restitution?
(Section 144 C.P.C.)
(a) Dispossessing a person in occupation of
suit property
(b) Re-adjudication of the claim
46 | Kumar Question Bank
(c) Restoration of suit
(d) Restoring to a party on the modification, variation or reversal of
decree Ans. (d)
341. Right to lodge a ‘caveat’ has been provided under
(a) Section 148 ofthe Code of Civil Procedure, 1908
(b) Section 148A of the Code of Civil Procedure, 1908
(c) Section 148B of the Code of Civil Procedure, 1908
(d) Section 147 of the Code of Civil Procedure, 1908 Ans. (b)
342. By which of the following Act Section 148A (Right to lodge caveat) was
inserted in the Code of Civil Procedure 1908?
(a) ByAct220f2002 (b) ByActd60f1999
(c) By Act 104 of 1976 (d) ByAct660of1956 Ans. (c)
343. The duration of existence of a Caveat filed under Code of Civil Procedure
1908 is
(a) 60 days from the date on which it was filed
(b) 30 days from the date on which it was lodged
(c) 120 days from the date when it was lodged
(d) 90 days from the date, when it was lodged Ans. (d)
344. A caveat under the Code of Civil Prcoedure, 1908 may be lodged when
any
(a) suit is instituted
(b) proceeding is initiated or instituted
(c) suit is about to be instituted
(d) suit or proceeding is instituted or about to be instituted Ans. (d)
345. Lodging of caveat under Section 148-A of C.P.C.
(a) Entitles the caveator to receive notice of the application
(b) Makes the caveat or a party to the suit
(c) Both (a) & (b)
(d) None of the above Ans. (a)
346. Under which Section of the Code of Civil Procedure “Inherent powers
of the Court" has been provided?
(a) Section 151 (b) Section 141
(c) Section 152 (d) Section 153 Ans, (a)
347. Inherent powers may be used by the Court for
(a) meet ends ofjustice
(b) to prevent abuse of the process of the court tie
(c) both (a) and (b) above mentale panoge
(d) None of the above Ans. (¢)
348. Under Section 151 of Civil Procedure Code, inherent powers can be
exercised by the
(a) Supreme Court (b) High Court
{¢) District Court (d) Any Court Ans. (d)
 Civil Procedure Code | 47
has not
349. In which of the following cases it was held that "inherent power
been conferred on a court, it is a power inherent in the court"?
(a) Manoharlal v. Seth Hiralal
Bank
(b) Cotton Corporation India v. United Industrial
(c) Sasyabrat Biswas v. Kalyan Kumar Kishku
Ans. (a)
(d) Rajani Bai v. Kamla Devi
350. Inherent powers conferred under Section 151 of the Code of Civil
Procedure, 1908, may be exercised by the
(a) Supreme Court oniy
(b) High Court only
(¢) District Court only
(d) Supreme Court, High Court, District Court as
well as by any Civil
Ans. (d)
Court
of the it is held that "Inherent powers has
351. {n which one following cases,
not been conferred on a court, it is a power inherent in a court”?
(2) Rajni Baiv. Kamla Devi
:

(b) Satyabrat Biswas v. Kalyan Kumar Kisku

(¢) P.C.Jairath v. Amrit Jairath
Ans. (d)
©

-(d) Manohar Lal v. Seth Hiralal .

352. Under the inherent powers of the Civil Court it can pass orders
(a) To refer the matter of Mediator
.

abuse of the process

(b) Necessary for the ends of justice or to prevent
of the Court
(c) For compelling the parties to settle their case
Ans. (b)
(d) For compelling a plaintiff to withdraw his suit
353. Affidavits to be filed in a Court can be
(a) authenticated by a Minister of State
(b) cannot be authenticated except by the judge presiding
(c) authenticated by a Judge, a Magistrate or a Notary
Ans. (c)
(d) authenticated by an advocate
354. Allorders and notices served on or given to any person under the provisions
of Civil Procedure Code shall be in writing has been provided under
(a) Section 141 (b) Section 142
(d) Section 144 Ans. (b)
(c) Section 143
5. Under section 148 of C.P.C., the Court can enlarge the time not exceeding
in total
(a) 90 days (b) 60 days
(d) 30 days Aus. (d)
(c) 45 days
356. Time for instituting a suit can be enlarged by invoking which-of
the
’

following provisions?
(a) Section 151 C.P.C.
(b) Section 5 of the Limitation Act, 1963
{c) Section 148 C.P.C.
Ans. (a}
(d) None of the above.
48 | Kumar Question Bank
357. Where any period is fixed or granted by the Court for doing an act
prescribed by the Code of Civil Procedure, the Court may enlarge such
period
(a) Not exceeding 90 days in total (b) Not exceeding 30 days in total
(c) Not exceeding 60 days total {d) Not exceeding 120 days in total
Ans. (b)
358. Clerical or arithmetical mistakes in judgments, orders etc. can be
corrected under
(a) Section 152 0f CPC (b) Section 154 of CPC
(c} Section 155 of CPC (d) Section 153 of CPC Ans. (a)
359. The power of a Court to correct clerical or arithmetical mistakes in
judgments, decrees or orders :

(a) May at any time by the Court of its own motion

the Parties
(5) May at any time be exercised on an application by any of
(c) Either (a)or(b)
(d) None of the above Ans. {c)
360. Who has right to make an application for amendment of judgements
and orders under Section 152 of C.P.C.
(a) Person aggrieved
(b) Person aggrieved with permission of court
(c) Any of the parties
(d) Government Pleader Ans. (¢)
361. Section 152 of the CPC empowers the Court to amend judgement,
decrees, or orders in respect of
(a) Clerical or arithmetical mistakes only
(b) Accidental slips or omissions only
(c) (a) and (b) both
(d) None of the above Ans. (c)
362. General power to amend any error or defect in any proceedings in a suit
vests in the Court by virtue
(a) Section 152, CPC (b) Section 153, CPC
(c) Section 153A,CPC (d) Section 153B,CPC Ans. (b)
363. Which of the following deals with power to amend decree or order
where appeal is summarily dismised in the Code of Civil Procedure?
(a) Section 145A (b) Section 103A
(c) Section 148A (d) Section 153A Ans. (d)
364. Which one of the following sections of the Code of Civil Procedure
provides for the trial in open Courts where public may have access?
(a) Section 153A | (b) Section 153B
(c) Section 153C (d) Section 153D Ans. (b)
365. Which provision of the Code of Civil Procedure provides that one person
may sue or defend on behalf of all in same interest?
(a) Order |, Rule! (b) Order 1,Rule2
(¢) Order 1,Rule8 (d) Order ,Rule9 Ans. (¢)
 Civil Procedure Code |
49
366 . A suit in representative capacity can be filed
by virtue of
{a} Under Order 1, Rule BA of CPC
(b) Under Order 1, Rule 10A of CPC
(c) Under Order 1, Rule § of CPC
(d) Under Order 1, Rule 9 ot CPC
367. Representative Suit under Order 1 Ans. (¢)
Rule§ of CPC may be permitted by
the Court when
(1) Numerous persons are parties in another
suit
(b) Numerous persons belong to the same
family
(¢) Numerous persons have the
same interest in one suit
(d) None ofthe above
368. Which one ofthe following is Ans, (c)
not required in filing a representative
suit under Order t Rule 8 of the C.P.C.?
(a) Numerous parties
(b) Same interest
(c) Leave ofthe court
(d) Written permission of those who are
being represented ~~ Ans. (d)
369. Which is the case of which notice
to all the persons interested in a
representative suit need not be given?
(a) abandonment ofthe suit
(b) withdrawal of the suit
(¢) recording of compromise in a suit
(d) addition of new defendant in a suit
370. A suit filed in representative Ans. (d)
capacity can be withdrawn, compromise
and abandoned etc. by thé plaintiff :
(a) Without notice to all the persons interested
(b) After notice to all the persons interested
(c) Both (a) & (b) (d) Either (a)or (b) Ans. (b)
371. Under the Code of Civil Procedure where
a person who is necessary
party to a suit has not been joined as a party, itis a case of
(a) misjoinder (b) non-joinder N

(c) Both (a) and (b)

.

(d) none of these :

Ans. (b)
372. On account of mis-joinder
or non-joinder of parties, under Order I,
Rule 9 of CPC, the suit
(a) is liable to be dismissed
{b) cannot be dismissed
(c) may be dismissed or may not be dismissed
as per the discretion of
the court
(d) none of the above
373. A suit may be defeated due to : Ans. (b)
(a) Non joinder of a proper party
(b) Mis-joinder of a necessary party
(¢) Non joinder
of a necessary party
(d) Mis-joinder of a proper party
Ans. (c)
50 |
Kumar Question Bank
374. Under C.P.C. whete a person who is a necessary party to a suit has not
been joined as party, itis a case of
(b) non-joinder

(a)
(a) mis-joinder
(¢) both & (b) (d) none of the above Ans. (b)
375. Under which provision of the Code of Civil Procedure, the parties can be
struck out, added or substituted?
(a) Order 1, Rule ! (b) Order 1,Rule 10
(c) Order I, Rule3 (d) Order 1,Rule9 Ans. (b)
376. A necessary party is one in whose
(a) absence no order can be made effectively
(b) absence an order can be made but whose presence is necessary for
the complete decision of the case
(c) only (b) is correct
(d) none of above Ans. (a)
377. Mark the incorrect statement in context of a representative suit :
(a) Ifthe person suing or defending does not proceed with due diligence,
the Court can substitute in his place, any person having the same
interest in the suit.
(b) The suit can be withdrawn, compromised or abandoned by the
plaintiff after giving notice to all persons interested
(¢) Any decree passed in such a suit is binding on all the persons
interested
(d) Res Judicata is not applicable to such a suit Ans. (d)
378. "Where a plaintiff omits to sue in respect of, or intentionally
relinquishes any portion of his claim, he shall not afterwards sue in
respect of the portion so omitted or relinquished”. The genesis of this
principle lies in;
(a) Section 115 of the Indian Evidence Act, 1872
(b) Section 11 ofthe Code of Civil Procedure, 1908
(c) Order H Rule2 of the Code of Civil Procedure, 1908
(d) Order | Rule 2 of the Code of Civil Procedure, 1908 Ans. (c)
be
379. As per Order2 Rule C.P.C., every suit shall as far as practicable
1

framed soasto:
(a) Afford ground for final decision
{b) To prevent further litigation
(c) Both (a) and (b)
(d) None of the above Ans. (¢)
380. Order 11, Rule of2 CPC does not apply to
(a) application for execution (b) writ petitions
both (a) and (b) (d) none of the above Ans. (¢)
(c)
381. According to Order 2 Rule 3 of CPC, a plaintiff may unite in the same
suit several covemeense against the same defendant.
(a) Issues (b) Claims
(c) Causes of actions (d) Debts Ans. (c)
 Civil Procedure Code | 51
382. 'A' lets a house to 'B' at a yearly rent of
rupees five hundred. The rent
for the whole of the years 1905, 1906 and 1907 is due and
unpaid. 'A’
suc 'B' in 1908 only for the rent due for 1906—
(a) 'A’' can afterwards sue 'B' only for the rent due for 1905
(b) 'A' can afterwards sue 'B' only for the rent due for 1907
(c) "A’ can afterwards sue 'B' for the rent due for 1905 and 1907 both
(d) "A'cannot afterwards sue 'B' for the rent due for 1905
or 1907
Ans. (d)
383. A lets a house to B ata yearly rent of Rs. 10,000. The
rent for the whole
of the years 2006 to 2008 is due and unpaid. A
sues B in 2009 only for
the rent due for 2007.
(a) A can afterwards sue B for the rent due for 2006 only
(b) A can afterwards sue B for the rent due for 2008 only
(¢) A can afterwards sue B for the rent due both for 2006 and
2008
(d) A cannot afterwards sue B for the rent due for 2006 or 2008 Ans.
(d)
384. A sues B on a billof exchange for Rs. 500. B holds
a judgment against
A for Rs. 1000. The two claims being both definite
pecuniary demands
may be set off, the illustration is given in :
(a) Order VIIL, Rule 5 of Code of Civil Procedure
(b) Order VIIi, Rule 6 of Code of Civil Procedure
(¢) Order VIii, Rule 7 of Code of Civil Procedure
(d) None of these Ans. (b)
385. Which provision of the Code deals With joinder of
causes of action : -
(a) Order2 Rule 3 (b) Order2Rule2
(c) Order2Rule | (d) Order! Rule2 Ans. (a)
386. Which of the following tests are to be applied in
cases where the plea of
bar of suit under Order 2 Rule 2 is raised ?
(a) Where 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 particu lar relief
on the
cause of action which had been disclosed in the previous suit
(d) All of the above Ans. (d)
387 A plaintiff
(a) cannot unite several causes of action in the same suit
(b) can unite several causes of action in the same suit against the
same
defendant
(c) unite only some causes of action in a suit
(d) unite only the questions of law in a suit Ans. (b)
388. Which of the following is not a ground for the court to
order separate
trials under Order2 Rule 6 C.P.C.:
(a) Delay in the trial (b) Embarrassment of the trial
(c) Inconvenience (d) None of the above Ans. (d)
52 |
Kumar Question Bank
389. Multifariousness means
(a) Mis-joinder ofaction
of causes
(b) Mis-joinder of parites
(¢) Non-joinder
of parties
(d) Mis-joinder of causes ot action as well as parties Ans. (d)
390. The plaintiff wants to claim some reliefs in a subsequent suit. He
requires leave under which of the following provisions of the Code of
Civil Procedure?
(a) Section 82(2), (b) Section 20;
(cy Order II Rule 2(3): {d) OrderlRule8. Ans. (¢)
. Several persons can be in
joined as plaintiffs, cases
(a) where right arises out of the same act, in favour of such person
(I) where any common question of law is involved
(c} both (a) and (b)
(d) none of the above Ans. (¢)
392. Which of the following deals with service of process on pleader in the
Code of Civil Procedure ?
(a) Order3,Rule5 (b) Order2,Rule2
(c) Order 7,Rule3 (d) Order4,Rule8 Ans. (a)
393. Under Civil Procedure Code, 1908 “every suit shall be instituted by
presenting a plaint in duplicate to the court or such officer as it appoints
in this behalf.” This is provided under
(a) Section26 (b) Section20
(c) Order3 Rule! (d) Order4 Rule Ans. (d)
394. Under Order 1V Rule 1,sub rule (1) of CPC, a suit isinstituted when :
(a) A copy of plaint is presented to the court
(b) A plaint in duplicate is presented to the court
(c) A plaint in triplicate is presented to the court
(d) The court taken the plaint in consideration Ans. (b)
395. Rules as to issue and service of summons in CPC are laid down in :
(a) Orders (b) Order?
(¢) Order (d) Order11 Ans. (a)
396. Order5 of C.P.C. provides for :
(a) Issue and Service of Summons
(b) Institution of Suits
{c) Pleadings Generally
(d) Admissions Ans. (a)
397. of
Summons a suit cannot be served by :
(2) Setvice in person on the defendant
(b) Sending the summons to the residence of the defendant
(c) Through publication in the newspaper
(d) Sending the summons to a friend of the defendant Ans. (d)
398. Under Civil Procedure Code, 1908 copy of plaint.
(a) shall be attached with every summons.
 Civil Procedure Code | 53
(b) is not necessary to attach with
every summons.
(c) may be attached with the summons when court permits.
(d} is attached with summons on the request of
the plaintiff, Ans. (a)
399. Where a suit has been duly instituted a summons
may be issued to the
defendant to appear and answer the claim and may be served on such
day
aot beyond.......... from the date of institution of suit.
(a) twenty days (b) thirty days
(c) sixty days (d) ten days Ans (b)
400. A defendant under Order V, Rule 1(1) of C.P.C is
.

required to appear,
answer the claim and to file the written statement.
(a) Within 90 days from the date ofservice of summons
(b) Within 60 days from the date ofservice of summons
(¢) Within 30 days from the date ofservice of summons
(d) Within 15 days from the date of service of summons Ans. (¢)
401. The court may also permit service of summons by the
plaintiff
in addition
to service of summons by the court by Order 5, and
(a) Rule9 (b) Rule9A
__of CPC.
(¢) Rule i0 (d) Rule1l Ans. (b)
402. Dasti summons for service on the defendant can be given to the
plaintiff
under:
(a) Order V Rule 9A, C.PC. (b) Order VRule9, CPC.
(c) Order VRule7,C.PC. (d) Order VIRule 6, C.PC. Ans. (a)
403. Under Order V Rule 9(3) ofthe Civil Procedure Code, 1908
the expenses
for the service of summons to the defendant have to be born
by
(a) the plaintiff
(b) the defendant
(c) the court
(d) partly by plaintiff
and partly by defendant Ans. (a)
404. Which of the following statement is incorrect?
(2) Where there are more defendants than one, service of the
summons
shall be made on each defendant.
(b) Service of the summons shall be made by tendering a
copy thereof
signed by the lawyer.-Summions for the defendant cannot be served
on his servant.
(d) Defendant may empower agent to receive summons. Ans. (b)
405, Where a defendant was avoiding service deliberately, the
court ordered
service by advertisement in a newspaper, but it did not order to affix
the
summons in the court house or at the defendant's house also. The
procedure adopted by the court is
(a) regular (b) irregular
(c) improper (d) unjustified Ans. (a)
406. Which of the following is recognised mode of service of
summon under
the Code of Civil Procedure, 1908?
(a) Personal Service to parties or agent
54 | Kumar Question Bank
(b) Service of summon by courte
(c) Substituted service of Summon
(d) Al of these Ans. (d)
407. Where the defendant is absent at the time when service of summons is
sought to be effected on him at his residence, there being no likelihood
of his availability within reasonable time and in absence of an empowered
agent, the service may be made on
(a) any adult male member of his family.
(b) any adult female member ofhis family.
(c) a servant engaged by the defendant at his residence.
(d) Both (a)and (b) Ans. (d)
408. Where the person summoned cannot, by the exercise of due diligence,
be found, the summons may be served
(a) By atlixing the same on the notice board of the Municipai Council of
Gram-Panchayat as the case may be
(b) By leaving one of the duplicates of the same for him with some adult
male member of his family residing with him, and the person with
whom the summons is so left shall, if so required by the summoning
officer, sign a receipt therefore on the back of the other duplicate
(c) By affixing the same on the conspicuous place of his house
(d) By serving the same on the servant of the person summoned and
obtain from him the acknowledgement thereof on the back of the
duplicate Ans, (¢)
409. Where the defendant is confined in a prison, the summons shall be
served
(a) By affixing outside the prison
(b) By sending process server in the prison
(c) By delivery of the summons to the Officer incharge of the prison for
service on the defendant
(d) By production warrant through the court Ans. (c)
410. Where the serving officer delivers or tenders a copy of the summons to
the defendant personally or to his agent, he must require such a person
to sign an acknowledgement of service to be endorsed on the original
summons. Then :

(a) The copy of the summons will be delivered to the defendant.

(b) The original summons with the defendant's signature thereon, will
be returned to the court.
(c) Both (a)and(b)
(d) The original summons with teh defendant's signature thereon, will
be returned to the plaintiff. Ans. (c)
411, During service of summons defendant was found absent from his
residence and within reasonable time no chance to get back at his
residence, service of the summons may be made on
(a) On servant (b) Minor daughter
(c) Adult son .
(d) Munim Ans. (c)
 Civil Procedure Code | 55
412. Where the suit is instituted against a corporation, the
summons may be
served
(a) on the secretary (b) on the director
(c) on any principal officer (d) Any of these Ans. (d)
413. Pleading has been defined in
(a) Order V1, Rule | of the Code of Civil Procedure
(b) Order VI. Rule 2 of the Code of Civil Procedure
(c) Order VII, Rule I ofthe Code of Civil Procedure
(d) Order VIII, Rule 2 of the Code of Civil Procedure Ans. (a)
414, The forms in.......... - when applicable and where they
are not applicable,
forms of like character, as nearly as may be, shall be used for all
pleadings.
(a) Appendix'D' (b) Appendix 'A’
(c) Appendix 'B' (d) Appendix 'C' Ans. (b)
415. Pleading means
(@) Plaint or rejoinder

(b) Plaint or written statement

(¢) Plaint or written statement or rejoinder
(d) Plaintalone Ans. (b)
416. Pleadings should state: :

(a) Material facts (b) The law

(¢) The evidence (d) Any facts Ans. (a)
417, Which of the following is/are the fundamental rules of
pleading as set
forth under Order 6, Rule 2 of the Code of Civil Procedure ?
(a) Every pleading must state facts and not law only.
(b) It must state material facts only.
{c) It must state such facts ir a concise form only.
(d) All ofthese Ans. (d)
418. What is the essence of pleadings?
(a) Plead facts not law (b) Plead law not facts
(c) Plead facts and law (d) All the above Ans. (a)
419. Civil Procedure Code Pleading does not include
(a) Plaint (b) Written Statement
(c) Evidence (d) Material Facts Ans. (c)
420 "A bundle of facts which taken with the law appli cable to them
gives the
plaintiff the right to relief against the defendant". It is called as
(a) Plaint :
(b) Written statement
(c) Cause of action (d) None of these Ans. (c)
421, No evidence is required to be pleaded in :
(a) written statement (b) writ petition
(c) counter affidavit (d) all of the above Ans. (d)
422, Which one of the following is not a rule of pleading?
(a) Plead the fact and not the law
(b) State the law and plead the facts
56 | Kumar Question Bank
(¢) Plead material facts only
(d) Plead facts not evidence Ans. (b)
. Factum Probandum means :
fx) Conchisive fact
(h) The fact that is probable
{¢) The fact that has to be believed
{d) The principal fact to be proved Ans, (id)
424. Which of the following need not to be stated in pleading?
(a) Statement of material facts ~~ (b) Effect ofa document
(c) Burden of proof .
(d) Particulars in case of fraud
Ans. (c)
. Pleading must be signed

(a) by the party

(b) by the pleader only
(c) by the pleader and the party both
(d) by the pleader and successor of the pleader Ans. (c)
426. In which Order and Rule of C.P.C. the provisions for verification of
pleadings is provided?
(a) Order VI,Rule 17 (b) OrderVI,Rule2
(c) Order VI ,Rule4 (d) OrderVLRule15 Ans. (d)
427. Under Order 6 Rule 16 C.P.C., pleading can be struck on the ground
that itis:
(a) Scandalous (b) Unnecessary
(c) Vexatious (d) All of the above Ans. (d)
428. The court may strike out any matter in any pleading
(a) which may be unnecessary, scandalous, frivolous or vexatious
(b) which may tend to prejudice, embarrass or delay the fair trial of the
suit
(c} which is an abuse of the process of the court
(d) all of the above Ans. (d)
429. 'Pleading’ can be altered or amended
(a) under Order VI, Rule 9 of CPC
(b) under Order V1, Rule 10 of CPC
(c) under Order V1, Rule 16 of CPC
(d) under Order VI, Rule 17 of CPC Ans. (d)
430. Under which provision of the Code of Civil Procedure it is necessary for
a party to prove that in spite of all due diligence, the matter could not be
raised before the commencement of the trial :
XIRule 12
(a) Order (b) Order VIRule 17
VIRule 16
(c) Order (d) OrderV Rule 15 Ans. (b)
431. Under Order VI Rule 17 of the Code of Civil Procedure, the court can
allow to alter or amend the proceedings to
(a) either party
(b) to plaintiffonly
 Civil Procedure Code | 57
(¢) to defendant only
() to only one defendant, if there are more than
one defendant
Ans. (a)
432. Voluntary amendment is provided under
(a) Order6,R-7,C.PC. (b) Order 6,R-15,C.PC.
(¢) Order6,R-17,C.PC. (d) Order6,R-19,C.PC. Ans. (c)
433. The Court
(a) can allow amendment of pleading at
any stage ofthe proceeding
(b) a party can amend its pleadings at any stage
(c) cannot allow amendment of pleadings
(d) can allow amendment of written statement only
Ans. (a)
434. Pleading can be amended under which of
the provisions of Civil
Procedure Code 1908 ;
(a) Before the trial Court only
(b) Before the first Appellate Court only
(c) Before the second Appellate Court only
(d) Before either the trial Court, first Appellate Court
or second Appeliate
Court
Ans. (d)
435. Under Order V1, 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 and 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)
436. Under Order VI, Rule 17
pleadings can be allowed
of C.P.C., an application for
amendment of
(2) Before the commencement of trial
(b) After the commencement of trial
(¢) Either before or after the commencement of trial
(d) None of the above
Ans. (c)
437. ""Itis a statement of claim, a document
by presentation of which the suit
is instituted". It is called as
(a) Affidavit A (b) Written-statement
(c) Counter-claim (d) Plaint Ans. (d)
438. Where the subject-matter of the suit is immovable
property, the plaint
shall contain
(a) A description of the property sufficient to identify it
(b) In case where the property can be identified by the boundaries
or
number in a record of settlement or
survey, the plaint shall specify
such boundaries or numbers
58 | Kumar Question Bank
(c) The details of owner of the property in question has to be mentioned
in the plaint
{d) Both (a) and (b) Ans. (d)
439. Order VII, Rule 10 of Civil Procedure Code provide for point dece
(a) Return of Plaint (b) Rjection ofPlaint
(c) Admission of Plaint (d) Both (a) and (b) above Ans. (a)
440. A plaiat is liable to be returned, when
(a) plaint is on an insufficiently stamped paper
(b) plaint is not filed in duplicate
(c) relief is undervalued in the plaint
(d) plaint is filed in a court having no jurisdiction Ans. (d)
441. A court can return the plaint for presentation to the court in which the
suit should have been instituted?
(a) At the time of institution of suit.
(b) Betore framing of issues.
(c) Before the trial begins,
(d) At any stage of the suit. Ans. (d)
442. A court can return the plaint, when the court has got
(a) ne territorial iurisdiction (b) no pecuniary jurisdiction
(c) no subject-matter jurisdiction (d) Any of the above Ans. (d)
443. Under CPC 1908, if the court finds at any stage that it has no pecuniary
jurisdiction with §gspect to the subject matter ofthe suit, it will
(a) dismiss the y (b) proceed with the suit
(c) amegtd the su (d) return the suit Ans. (d)
444. In case the suit has been instituted in a court having no jurisdiction,
territorial or pecuniary, the plaint is liable to be
(a) returned (b) rejected
(c) either (a) or (b) (d) none of the above Ans. (a)
445. Order 7, Rule 10 to 10B provides for :
(a) Return of Plaint (b) Admission ofPlaint
(¢) Rejection of Plaint (d) Documents relied on in Plant
Ans. (a)

Order Order
446. Procedure for return of plaint is provided in
(a) VII, Rule 10A (b) VII, Rule 10(1)
(€) Order v1, Rule 10(2) . (d) Order VIL, Rule 11 Ans. (c)
447. Whether the appeal or revisional court can return the plaint under
Order 7 Rule 10 CPC after setting aside the decree:
(a) No (b) On technical ground
(c) With the consent of parties (d) Yes Ans. (d)
448. On which of the following ground the court shall return a plaint?
(a) The plaint to be presented to the court in which the suit should have
been instituted.
(b) The plaint does not disclose a cause ofaction,
 Civil Procedure Code | 59
(c) The plaint is not filed in duplicate.
(d) The suit, appears from the statement in the
plaint to be barred by law.
Ans. (a)
449. In which Order and Rule ofC.P.C. the
power of appellate court to transfer
suit to the proper court has been given?
(a) Order VII, Rule 13 (b) Order VIL Rule 10A
{c) Order VII, Rule 10B (d) Order VII, Rule 12 Ans. (¢)
450. A plaint can be rejected
(a) under Order VII, Rule 10 of CPZ
(b) under Order VII, Rule 10A of CPC
(¢) under Order VII, Rule 11 of CPC
(d) all ofthe above
Ans. (c)
451. On which ground plaint cannot be
rejected ?
(a) Where it does not disclose cause of action
(b) Plaint is filed in such court which does not
havejurisdiction to try
the suit.
(¢) Where suit appears to be barred by law,
(d) Where plaint is not filed in duplicate.
Ans. (b)
452. The Court can reject the plaint under Order
VII, Rule 11(e) of CPC, if
itis not filed in
(a) triplicate (b) duplicate
(¢) quadruplicate (d) only (c) and not (a) or (b)
Ans. (b)
. "The 'plaint’ should be filed in
duplicate’, this rule was inserted by:
(a) Code of Civil Procedure (Amendment) Act, 1976
(by Code of Civil Procedure
(Amendment) Act, 2002
(¢) Code of Civil Procedure (Amendment) Act, 2000
(d) None of the above
Ans. (b)
454. Suit was filed on 20.11.2012 and it has been
specifically pleaded that
cause of action arose on 06.10.2012. Defendant appeared and without
filling written statement he filed an application under Order 7 Rule 11
C.P.C. on the ground that suit is barred by Limitation.
State what is the
correct legal position?
(a) Application under 0-7R-11 C.P.C. is not maintainable because
written
statement should be filed firstly
(b) I'laint shall be rejected because suit is barred
by Law of Limitation
(c) Dismissal of application will be proper. Objection could
not be decided
without recording evidence ofparties
(d) Application should be allowed because plaint does
not disclose
correct cause of action, Ans. (¢)
60 | Kumar Question Bank
458. Murk the incorrect statement :
(4) The court must be competent to try the suit at the time offiling of the
ubsequent change in value does not affect the jurisdiction.
It is the valuation in the plaint that determines the
(bh) plaintiffs
jurisdiction of the court and not the amount for which ultimately the
decree may be passed by the court.
(¢) Hthe pecuniary jurisdiction of the court is Rs. 10,000 and the plaintift
files a suit for accounts and finally the court finds on taking the
account that Rs. 15,000 are due, the court is not deprived of its
jurisdiction to pass a decree for that amount.
the plaintiff undervalues or overvalues the claim for the purpose
{d) If
of choosing the forum, it is not the duty of the court to return it to be
filed in the proper court. Ans. (d)
456. Where the plaint is not filed in duplicate, the plaint may be :
(a) returned by the Court (b) rejected by the Court
fc} dismissed by the Court (d) admitted by the Court Ans. (b)
457. A defendant can pray to the court for rejection a plaint of
(a) ifthe stamp writing is not clear
(b) ifit is barred by another enactment of the Parliament
(c) if the plaint is rade in a foreign language
(d) none of the ab ve Ans. (b)
458. A plaint pall be rejected ........
(a) If it does not disclose a cause of action
(by Ttitis filed in the wrong court
(c) If proper parties are not added
of the above
(d) None Ans. (a)
459. Under which provision of CPC a plaint is rejected by the Courts in the
absence of cause of action
(a) Order 7 Rule 11(a) (b) Order7 Rule 11(b)
(c) Order7 Rule 11(d)
i
(d) Order7Rule11(c) Ans, (a)
460. When a Court can reject a plaint?
(a) Where plaintiff fails to comply with Rule 9
(b) Where suit is barred by law
(¢) Where plaint is not filed in duplicate
(d) All of the above Ans. (d)
461. After rejection ofplaint, whether the plaintiff can institute fresh suit
an the same cause of
{a} can institue another

(by cannot institute @nother suit

“a
 Civil Procedure Code | 61
(c) can institute with the permission of the high court
{d) None of the above
Aus. (a)
462. On rejection of plaint under
provisions of Order VI Rule 11 Code of
Civil Procedure, 1908, pre senting
of
a fresh plaint in
respect of the
same cause of action, is;
() Barred by principles of Res judicata.
(b) On its own force, does not preclude the
plaintiff from presenting a
fresh plaint. ’

(c) Barred under Order XXIII.

(d) None of the above.
Ans. {b)
463. Rejection ofa Plaint is
{a) challengeable under section 96 CPC.
(b) not challengeable and only a fresh suit can be filed.
(c) challengeable under section 115 CPC.
(d) challengeable under section 102 CPC.
Ans. (a)
464. A fresh suit on the same cause of action is
not barred when
(2) rejected under Order VII, Rule 11 of CPC
(b) dismissed under Order IX, Rule 2 of CPC
(¢) dismissed under Order IX, Rule 3 of CPC
(d) either (a) or (b) or (c)
Ans. (d)
465. On which ofthe following grounds
a plaint will not be rejected
(a) Where the suit appears from the statement in
the plaint to be barred
by any law.
(b) Where the relief claimed is undervalued, and the
plaintiff, on being
required by the court to correct the valuation within
a time to be
fixed, fails to do so
(c) Where it does not disclose a cause of action
(d) Where it has not been presented by an advocate
Ans, (d)
466. Which one of the following is
a newly added ground for rejection of a
plaint under Order 7 Rule 11 of C.R.C.?
(a) Non-disclosure of cause of action
(b) Under valuation of relief claimed
(¢) Barred by any law
(d) Plaint not filed in duplicate
Ans. (d)
57 Od rrejecting plain ender Oeder T
Rude Hof CPC
i

saddeemed
{c) is a decree (d) is interim order
an
AS, (0)
*
62 | Kumar Guestion Bank
468. Under Order 7 Ruile 11 of the CPC 1908. The plaint shall not be rejected
(a) where it discloses cause of action
(b) where the suit appears from the statement in the plaint to be barred
by any law
(¢) where the plaintiff fails to comply with the provision of
Rule 9
(d) where it is not filed in duplicate Ans. (a)
469. “A” filed a suit against three defendants. Defendant No. 1 alleged that
there was no cause of action against him under Order V1i Rute 11 (d)
CPC. The Plaint
is to be
(a) Rejected in whole.
several.
(b) Rejected in part if the cause of action is not joint and
(c) Proceeded with against all defendants.
(d) None of these Ans. (c)

670. The documents on which the plaintiff relies upon support

in of his claim
shall be filed by him in the court
(a) along with the plaint
(b) within seven days from the date of order by the court for issue of
summons.
(c) on the date fixed for framing of issues by the court
(d) at the time or before the hearing of the suit. Ans.(a)
671. Where a plaintiff sues upon a ddcument in his power or possession, he
must produce it or a copy there of
(a) along with the plaint
(b) at the time of giving of evidence
(¢) at the time offraming ofissues
(d) when ordered by the court Ans. (3)

. The provisions relating to particulars of the written statement and

counter claimisin:
(a) Order 8 of Code of Civil Procedure
(b) Order 9 of Code of Civil Procedure
(¢) Order 10 of Code of Civil Procedure
(d) Order 11 of Code of Civil Procedure Ans.(a)
673. The meaning of written statement is
’

(a) suit of plaintitt’

(by suit of defendant
(¢c)answer by defendant of plaintiff's suit
(d) answer by plaintiff
of defendant's suit Ans. (¢)
 Civil Procedure Code | 63
674. Time limit for filing written statement is 30 days which
may be extended
up 10 90 days shall be counted from
(a) Date ofl filing of the suit.
(b) Date of first hearing fixed by the court.
(©) Date of service of summon on the defendant.
(d) None of the above Ans. (c)
675. The period of limitation within which defendant shall submit his written
statement is ordinarily within :
(a) 60 days from service of summons
(b) Always 90 days from service of summons
(¢) 30 days trom service of summons or 90 days if allowed by the court
(d) 15 days from service of summons Ans. (c)
676. A defendant should present written statement of his defence within
thirty days from the service of summons on him. The said period can be
extended upto:
(a) 30 days (b) 60 days
(€) 90 days (d) 100 days Ans. (¢)
477. Under the Commercial Courts Act, 2015,
@ Time period for filing the written statement is 90 days and is not
extendable for any reason whatsoever.
(b) The time limit of 120 days for filing the written statement is extendable
as per Kailash v. Nanhku,
(¢) The time limit of 120 days for filing the written statement is not
extendable.
(d) There is no limitation for filing the written statement. Ans, (¢)
478. What duration formally under Civil Procedure Code, 1908 has
been
assigned to submit the written statement after the date of service of
summons? a
(a) 30 days (b) 45 days
(¢) 60 days (d) None ofthe above Ans. (a)
479. In a commercial suit, the time limit of 120 days for
filing of written
statement
(a) Can be extended, if the Defendant shows ad cquate reasons for
non-
filing.
(b) Can be extended at the discretion of the Court.
(c) Cannot be extended under any circumstances.
(d) Direct personal appearance of the Defendant. Ans. (¢)
64 | Kumar Question Bank
480. Every allegation of fact in the plaint, if not denied specifically except as
against a person under disability shall be taken to be
(a) untraversed (b) admitted
(£) proved {d) nore of the above Ans, {b)
481. The provision of specific denial is provided :

(a) InRule2& 4 of Order8 of C.P.C.

{by In Rule | & 6 of Order8 of C.P.C.

(¢) InRule3 & 5 of Order8 of CPC.

(d) In Rule 7&9 of Order 8 of C.P.C. Ans. {c)
482. Provisions relating to set off and counter claims under civil procedure
code, 1973 are contained in
(a) ‘Order VI (b) Order VIi
{c) Order VII (d) OrderiX Ans. (¢)
183. Which of the following provision related with set-off
is under Code of
Civil Procedure?
(a) Order VIIIRule 5 {b) Order VI Rule ®

ic) Order VIIRuleS (dy Order VIiRule 6 Ans. (b)

484. 'Set-off” can be claimed
(#) in any suit (b) in arecovery of money suit
~} suit for possession
in a (d} in both (a) and (b) Ans. (b)
483. As per Order VII, Rule 6, particulars of set-off be given in
(a) None of these
{b) Written statement
(¢) Plaint

() Both Written statemert and Plant Ans. {b)

486. In a written statement, a defendant cau claim
(a) set-off (hb) counter-claim

(cy both (a) and (b) (d) either (a) or (b) Ans. (c)

aa