Deck 1: Civil Procedure Code (CPC): Part A

Question 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

Answer 1

1 january 1909

Question 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)

Answer 2

section 2(2)

Question 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

Answer 3

the rejection of a plaint

Question 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

Question 5

Order of dismissal for default is-

A)preliminary decree
B)final decree
C)partly preliminary partly final decree
D)none of the above

Question 6

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 of the above

Question 7

"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)

Question 8

Foreign judgment means the judgment of a foreign Court. The term foreign judgment is defined under Section-

A)2
B)3
C)6
D)13

Question 9

Every______ is appealable-

A)decree
B)order
C)both (a) and (b)
D)either (a) or (b)

Question 10

Cause of action may be described as-

A)a bundle of essential facts necessary for the plaintiff to prove
B)an important subject of litigation
C)a point in question
D)all of the above

Question 11

Which one of the following court has original as well as appellate jurisdiction-

A)revenue court
B)district court
C)munsiffs court
D)none of the above

Question 12

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

Question 13

A defendant to a suit against whom no relief is claimed is called

A)co defendant
B)pro-forma defendant
C)interveners
D)none of the above

Question 14

Section 9 of the Code confers jurisdiction in-

A)civil matter
B)political matter
C)religion matter
D)either (a) or (b) or (c)

Question 15

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

Question 16

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

Question 17

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)

Question 18

Mark the incorrect statement______

A)a statute ousting jurisdiction of a court must be strictly construed
B)every court has inherent power to decide the question of its own jurisdiction
C)consent can neither confer nor take away jurisdiction of a court
D)none of the above

Question 19

Mark the Correct statement-

A)there is no distinction between want of jurisdiction and irregular exercise thereof.
B)every presumption should be made in favour of jurisdiction of a civil court
C)both (a) and (b) above
D)neither (a) nor (b)

Question 20

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

Question 21

Doctrine of res sub judice is provided under Section-

A)9
B)10
C)11
D)12

Question 22

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)

Question 23

Which of the following is based upon equity-

A)res judicata
B)res subjudice
C)estoppels
D)none of the above

Question 24

The Code of Civil Procedure was enacted on-

A)21/03/1908
B)21/06/1908
C)31/12/1908
D)21/09/1909

Question 25

Among the following______ conclusively determines the rights of the parties-

A)decree
B)order
C)judgment
D)application

Question 26

A statement given by Judge on the ground of decree or order is called___

A)plain
B)written statement
C)judgment
D)summons

Question 27

The term 'Resjudicata' means-

A)stay of proceeding
B)further proceeding
C)a matter already adjudicated
D)none of the above

Question 28

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)

Question 29

A decree, when an adjudication completely disposes of the suit, is-

A)a preliminary decree
B)a final decree
C)partly preliminary and partly final decree
D)none of the above

Question 30

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

Question 31

If a plaint is rejected for non-payment of Court fee, the remedy is

A)appeal
B)writ
C)revision
D)none of the above

Question 32

Among the following which section put a bar to further suit-

A)section 9
B)section 12
C)section 15
D)section 16

Question 33

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

Question 34

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)

Question 35

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

Question 36

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

Question 37

Which of the following sections of the Code defines "suit"_____

A)section 2
B)section 9
C)section 2(9)
D)not defined

Question 38

The words 'rights' in the definition of decree as given under Section 2(2) of the Code, means-

A)substantive rights
B)procedural rights
C)both (a) and (b)
D)none of the above

Question 39

Once a Preliminary decree is passed in a suit

A)the suit will comes to an end
B)the suit will continue
C)either (a) or (b)
D)none of the above

Question 40

A judgment contemplates a stage___ the passing of a decree-

A)simultaneous
B)prior to
C)after
D)any of the above

Question 41

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

Question 42

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

Question 43

The interest on mesne profit shall not exceed______ per annum-

A)10%
B)6%
C)4%
D)1%

Question 44

The official request that a Court should not take a particular action without issuing notice to the applicant party is called-

A)stay of suit
B)injunction
C)caveat
D)letter of request

Question 45

The jurisdiction of the Civil Court is based on-

A)pecuniary jurisdiction
B)territorial jurisdiction
C)subject matter jurisdiction
D)all of the above

Question 46

A written statement-

A)may contain new facts in favour of defendant
B)may contain legal objections to the claim of the plaintiff
C)must be confined to the reply of the plaint
D)both (a) and (b) above

Question 47

Provision regarding Res subjudice are-

A)mandatory
B)discretionary
C)not mandatory
D)directory

Question 48

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

Question 49

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

Question 50

Among the following who cannot be arrested during execution of money decree-

A)women
B)any person
C)partner
D)none of the above