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Legal edge academy
Aligarh
Code of civil procedure 1908
1. The Code of Civil Procedure came into force with effect from____
A. 1 january 1908
B. 1 september, 1908
C. 1 january 1909
D. 1 september 1909
2. Among the following in which Section the term “decree” is define–
A. section 2(1)
B. section 2(2)
C. section 2(a)
D. section 2(b)
3. Decree includes–
A. the rejection of a plaint
B. any adjudication from which an appeal lies as an appeal from an order
C. any order of dismissal for default.
D. none of the above
4. Decree includes–
A. any order of dismissal for default
B. the rejection of a plaint
C. the determination of any question within section 144
D. both (b) and (c) above
5. Legal representative means/includes.
A. person who is law represents the estate of a deceased person
B. any person who intermeddles with the estate of the deceased
C. the person on whom the estate devolves on the death of the party
D. all the above
6. “Order” means the formal expression of any decision of a Civil Court which is not a decree–
A. section 2(2)
B. section 2(12)
C. section 2(14)
D. section 2(16)
7. Which one of the following courts has original as well as appellate jurisdiction–
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A. revenue court
B. district court
C. munsiffs court
D. none of the above
8. Which of the following deals with Prohibition of arrest or detention of women in execution of
decree for money in the code of Civil Procedure Code?
A. Section 55
B. Section 56
C. Section 57
D. Section 58
9. Resistance to execution is dealt under-.
A. Section 74 of CPC
B. Section 73 of CPC
C. Section 67 of CPC
D. Section 65 of CPC
10. Order IV of Civil Procedure Code deals with-
A. Pleadings generally
B. Plaint
C. Institution of suits
D. None of the above
11. The defendant shall, within ——— days from the date of service of summons on him, present a
written statement of his defence.
A. 60 days
B. 15 days
C. 30 days
D. None of the above
12. Order XX of Civil Procedure Code deals with-
A. Affidavits
B. Judgment and Decree
C. Execution of Decrees and orders
D. Payment into court
13. Inter pleader is dealt under order——– of Civil Procedure Code
A. Order XXXIV
B. Order XXXV
C. Order XXXVI
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D. Order XXXVII
14. No suit would lie to set aside a decree on objection as to–
A. subject matter jurisdiction of a court
B. territorial jurisdiction of a court
C. pecuniary jurisdiction of a court
D. both (b) and (c) above
15. Section 9 of the Code confers jurisdiction in–
A. civil matter
B. political matter
C. religion matter
D. either (a) or (b) or (c)
16. Among the following which are suits of a Civil nature–
A. suit relating to rights to worship
B. suit relating to right to shares in offerings
C. suits for upholding mere dignity or honour
D. both (a) and (b) above
17. Among the following which are suits of civil nature–
A. suits for recovery of voluntary payments or offerings
B. suits involving principally caste questions
C. suits relating to taking out of religious processions
D. none of the above
18. A Civil Court has jurisdiction to try a civil suit unless its cognizance is barred–
A. expressly
B. impliedly
C. either (a) or (b)
D. only (a) not (b)
19. Jurisdiction of a Court depends upon the___
A. averments made in a plaint
B. defence in the written statement
C. both (a) and (b) above
D. none of the above
20. Doctrine of res sub judice is provided under Section–
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A. 9
B. 10
C. 11
D. 12
21. Section 10 of the Code deals with–
A. stay of civil suits
B. puts a bar upon the institution of a civil suits
C. (a) and (b) both above
D. neither (a) nor (b)
22. Which of the following is based upon equity–
A. res judicata
B. res subjudice
C. estoppels
D. none of the above
23. A statement given by Judge on the ground of decree or order is called___
A. plain
B. written statement
C. judgment
D. summons
24. The term ‘Resjudicata’ means–
A. stay of proceeding
B. further proceeding
C. a matter already adjudicated
D. none of the above
25. A decree becomes final–
A. when no appeal has been preferred against the decree
B. when it conclusively determines the right of the parties
C. both (a) and (b) above
D. neither (a) nor (b)
26. An order rejecting the plaint for non-payment of the court fees is–
A. decree
B. not a decree
C. judgment
D. none of the above
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27. Among the following which section put a bar to further suit–
A. section 9
B. section 12
C. section 15
D. section 16
28. A foreign judgment not pronounced by Court of competent jurisdiction will–
A. be not conclusive
B. be conclusive
C. based upon fraud
D. none of the above
29. According to section 21 of the Code, objection at jurisdiction of Court can be raised on–
A. trial
B. appeal
C. revision
D. either (a) or (b) or (c)
30. Suits for the recovery of movable property actually under distraint or attachment shall be instituted in
the Court within the local limit of whose jurisdiction the–
A. defendant is resides
B. the plaintiff is resides
C. property is situate
D. any of the above
31. The Code of Civil Procedure (Amendment) Act, 1999 as well as the Amendment Act, 2002 were held
constitutionally valid in the case of–
A. state of punjab v. sivaram
B. state of u.p. v. chandra bhushan
C. anil rai v. state of bihar
D. salem advocate bar association v. uoi
32. Which of the following sections of the Code defines “suit”_____
A. section 2
B. section 9
C. section 2(9)
D. not defined
33. The words ‘rights’ in the definition of decree as given under Section 2(2) of the Code, means–
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A. substantive rights
B. procedural rights
C. both (a) and (b)
D. none of the above
34. A judgment contemplates a stage___ the passing of a decree–
A. simultaneous
B. prior to
C. after
D. any of the above
35. Mesne profit_______ include profits due to improvements made by the person is wrongful possession
of property______
A. shall not
B. shall
C. may
D. may not
36. Mesne profit can be claimed with respect to
A. immovable property only
B. movable property only
C. both (a) and (b) above
D. none of the above
37. Which of the following sections of the Code is intended to prevent two parallel proceedings in respect
of same cause of action–
A. section 13
B. section 11
C. section 10
D. section 9
38. A decree may be executed by
A. court which passed it
B. court to which sent for execution
C. appellate court
D. both (a) and (b) above
39. Among the following who cannot be arrested during execution of money decree–
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A. women
B. any person
C. partner
D. none of the above
40. Under the Code the provision of notice before instituting a suit against the Government is given in–
A. section 82
B. section 80
C. section 79
D. section 78
41. Inherent powers of the Court can be exercised under the Code–
A. to help the plaintiff
B. to help the defendant
C. for the ends of justice or to prevent abuse of the process of the court
D. to grant interim relief
42. A residing in Dehradun, beats B in Delhi. B may sue A under the Code–
A. delhi
B. dehradun
C. either (a) or (b)
D. only (a) not (b)
43. Objection as to place of suing shall be allowed in the Court of first instance is the essence of–
A. section 22
B. section 21a
C. section 21
D. section 20
44. Where it appears to the Court that there exist element of a settlement the Court shall
A. leave the matter undecided
B. decide the matter itself
C. refer the same for arbitration, conciliation or mediation
D. none of the above
45. A decree for execution cannot be sent to a–
A. foreign court
B. court outside india established by the authority of central government
C. both (a) and (b) above
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D. neither (a) nor (b)
46. Which of the following must be stated in the pleadings–
A. facta probanda
B. facta probantia
C. both (a) and (b) above
D. neither (a) nor (b)
47. The defendant against whom an exparte decree has been passed can prefer an appeal under
A. order 9 rule 13
B. order 47 rule 1
C. section 96(2)
D. none of the above
48. Where the relief claimed by the plaintiff is undervalued and the valuation is not corrected within the
time fixed or extended by the Court–
A. the plaint may be rejected
B. the plaint will be rejected
C. the plaint will be returned
D. either (a) or (c)
49. Among the following cases in which the test of res judicata between codefendants has been laid down
by the Supreme Court–
A. sobhag singh v. jai singh
B. jai narain v. kedar nath
C. mahboob shab v. syed ismail
D. sheodan singh v. daryao kanwar
50. Which of the following operate as res judicata–
A. a withdrawal of suit
B. an exparte decree
C. a compromise decree
D. none of the above
51. Interrogatories shall be answered by affidavit to be filed within_____ after the service of it–
A. 30 days
B. 21 days
C. 10 days
D. 7 days
52. Section 34 of the Code does not deal with–
A. interest from the date of decree
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B. interest prior to suit
C. interest pendent lite
D. none of the above
53. Under order 7 Rule 11 of the Code. The plaint shall not be rejected–
A. where it is not filed in duplicate
B. where the suit appears from the statement in the plaint to be barred by any law
C. where the plaintiff fails to comply with the provision of rule 9
D. where it discloses cause of action
54. Which section of the Code prove enforcement of decree against legal representative–
A. section 51
B. section 52
C. section 56
D. section 58
55. Among the following in which section property liable to attachment and sale in execution of decree is
provided–
A. section 60
B. section 62
C. section 63
D. section 65
56. Among the following properties, which shall not be liable for attachment under the Code–
A. government securities
B. bank notes
C. a mere right to sue for damages
D. all of the above
57. Among the following which section deals with the proceeds of execution-sale to be rateably
distributed among decree-holders–
A. section 60
B. section 67
C. section 73
D. section 75
58. Section which deals with the interpleader suit–
A. 38
B. 79
C. 84
D. 88
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59. A decree is passed against the Union of India or a State, execution shall not be issued on any such
decree unless it remains unsatisfied for the period of–
A. two months
B. three months
C. one months
D. six months
60. No order for detention of the judgment debtor in civil prison in execution of a decree for the payment
of money shall be made, where the total amount of the decree not exceed–
A. one thousand
B. two thousand
C. five thousand
D. ten thousand
61. In which of the following cases, the Court may not issue a commission–
A. to examine any person
B. to make a partition
C. to hold a scientific, technical or expert investigation
D. for execution of a decree
62. The doctrine which place emphasis on the plaintiff’s duty to exhaust all available grounds in support of
his claim–
A. estoppels
B. res judicata
C. principle underlying order 2 rule 2 (splitting of claim)
D. none of the above
63. A suit filed on behalf of a minor
A. cannot be withdrawn
B. can be withdrawn as a matter of right
C. can be withdrawn only with the leave of the court
D. none of the above
64. Which of the following deals with the transfer of decree to Court in another State in the Code of Civil
Procedure?
A. Section 40
B. Section 36
C. Section 39
D. Section 52
65. Which of the following deals with second appeal in the Code of Civil Procedure?
A. Section 111
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B. Section 103
C. Section 108
D. Section 100
66. Which of the following deals with power of High Court to make rules as to their original civil
procedure?
A. Section 122
B. Section 103
C. Section 124
D. Section 129
67. Which of the following deals with the dismissal of suit where summons not served in consequence of
plaintiff‟s failure to pay costs in the Code of Civil Procedure?
A. Order 5, Rule 30
B. Order 4, Rule 13
C. Order 6, Rule 10
D. Order 9, Rule 2
68. Which of the following deals with reference to High Court in the Code of Civil Procedure?
A. Section 111
B. Section 103
C. Section 108
D. Section 113
69. Which of the following states that orders and notices to be in writing in the Code of Civil Procedure?
A. Section 140
B. Section 142
C. Section 132
D. Section 100
70. Which of the following deals with substituted service in the Code of Civil Procedure?
A. Order 5, Rule 20
71. B. Order 9, Rule 12
C. Order 6, Rule 10
D. Order 10, Rule 8
72. Which of the following deals with partition of estate or separation of share in the Code of Civil
Procedure?
A. Section 43
B. Section 50
C. Section 59
D. Section 54
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73. Which of the following deals with review in the Code of Civil Procedure?
A. Section 114
B. Section 103
C. Section 108
D. Section 100
74. Which of the following deals with objections as to mis joinder or misjoinder in the Code of Civil
Procedure?
A. Order 6, Rule 1
B. Order 2, Rule 2
C. Order 1, Rule 13
D. Order 4, Rule 8
75. Which of the following deals with service of summons where defendant resides within jurisdictions of
another Court in the Code of Civil Procedure?
A. Order 7, Rule 14
B. Order 9, Rule 12
C. Order 5, Rule 21
D. Order 10, Rule 8
76. The court can enlarge the time undersection 148 of CPC for doing any actprescribed or allowed under
the Code of Civil Procedure, not exceeding in total:
A. 90 days
B. 60 days
C. 45 days
D. 30 days.
77. In case of failure of filing the written statement within thirty days, the defendant can be allowed to file
the same on such other day specified by the court for reasons recorded in writing:
A. within 90 days from the date of service of summons
B. within 120 days from the date of service of summons
C. within 60 days from the date of service summons
D. within 45 days from the date of service summons.
78. The expenses for the service of summons to the defendant have to be borne, under Order V, Rule 9(3)
of CPC, by:
A. the plaintiff
B. the court
C. the defendant
D. partly by the plaintiff and partly by the defendant.
79. Multifariousness in a suit results due to:
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A. misjoinder of parties
B. misjoinder of cause of action
C. misjoinder of parties and misjoinder of cause of action
D. either misjoinder of parties or misjoinder of cause of action.
80. Where a person who is a necessary party to the suit has not been joined as a party to the suit; it is a
case of:
A. non-joinder
B. mis-joinder
C. rejoinder
D. de joinder
81. Objection as to the non-joinder or mis-joinder of parties under Order I, Rule 13 of CPC:
A. can be taken at any stage of the proceedings
B. can be taken at the earliest possible opportunity
C. can be taken in appeal or revision for the first time
D. cannot take any time .
