Question 1

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

Accepted Answer

Mesne profits refer to the profits that a person in wrongful possession of property has made or could have made. These profits do not include any increase in value or profits due to improvements made by the person in wrongful possession.

Question 2

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

Accepted Answer

Mesne profits refer to the profits or benefits derived from property (usually immovable property) by a person in wrongful possession and can be claimed by the rightful owner for the period of such wrongful possession. Hence, it is typically associated with immovable property.

Question 3

The interest on mesne profit shall not exceed______ per annum-
A)10%
B)6%
C)4%
D)1%

Accepted Answer

The interest on mesne profits shall not exceed 6% per annum. Mesne profits refer to the profits made from property by a tenant in wrongful possession and the interest is meant to compensate the rightful owner.

Question 4

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

Accepted Answer

A caveat is a formal request to a court or public officer that certain actions should not be taken without informing the person who issued the caveat. This ensures that the applicant party will be notified before any decisions affecting their interests are made.

Question 5

The jurisdiction of the Civil Court is based on-
A)pecuniary jurisdiction
B)territorial jurisdiction
C)subject matter jurisdiction
D)all of the above

Accepted Answer

The jurisdiction of the Civil Court is based on pecuniary jurisdiction (the value of the subject matter), territorial jurisdiction (the location where the cause of action arises or where the parties reside), and subject matter jurisdiction (the nature of the case). Therefore, all of the options A, B, and C collectively define the bases on which the jurisdiction of the Civil Court is determined.

Question 6

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

Accepted Answer

A written statement can contain new facts in favor of the defendant and legal objections to the claim of the plaintiff, allowing for a comprehensive defense against the plaintiff's claims.

Question 7

Provision regarding Res subjudice are-
A)mandatory
B)discretionary
C)not mandatory
D)directory

Accepted Answer

Res subjudice provisions are mandatory, meaning that when a matter is under consideration by a court, no parallel litigation on the same matter is allowed in another court.

Question 8

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

Accepted Answer

Section 10 of the Code of Civil Procedure, 1908, deals with the doctrine of res sub judice, which prevents courts from proceeding with a trial of a suit in which the matter in issue is directly and substantially the same as in a previously instituted suit between the same parties.

Question 9

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

Accepted Answer

A decree can be executed by the court which passed it or by the court to which it is sent for execution. This allows for flexibility in enforcing the decree, especially if parties or assets are located in different jurisdictions.

Question 10

Among the following who cannot be arrested during execution of money decree-
A)women
B)any person
C)partner
D)none of the above

Accepted Answer

Under most legal systems, women are generally provided certain protections against arrest, especially in civil cases like the execution of a money decree. This is to ensure protection and consider the societal role and vulnerabilities of women.

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

Mesne profit_ include profits due to improvements made by the person is wrongful possession of property

Mesne profit can be claimed with respect to

The interest on mesne profit shall not exceed______ per annum-

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

The jurisdiction of the Civil Court is based on-

A written statement-

Provision regarding Res subjudice are-

Which of the following sections of the Code is intended to prevent two parallel proceedings in respect of same cause of action-

A decree may be executed by

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