Question 1

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

Accepted Answer

Section 80 of the Code of Civil Procedure, 1908, mandates that before filing a lawsuit against the government or a public officer in respect of any act purportedly done by such public officer in his official capacity, the person intending to file the suit must deliver a notice of at least two months in writing, stating the cause of action, the name, description, and place of residence of the intending plaintiff, and the relief which he claims.

Question 2

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

Accepted Answer

Inherent powers of the court, as provided under the Code of Civil Procedure, are primarily exercised for the ends of justice or to prevent abuse of the process of the court. This allows the court to ensure fairness and justice in proceedings beyond the specific provisions of the law.

Question 3

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)

Accepted Answer

Under the Code of Civil Procedure, a suit can be filed either at the place where the defendant resides or carries on business (in this case, Dehradun where A resides) or at the place where the cause of action wholly or in part arises (in this case, Delhi where the incident occurred). Therefore, B may sue A in either Delhi or Dehradun.

Question 4

A person may sue a foreign State-
A)only with the consent of the central government
B)with the consent of the president of india
C)with the consent of the state government
D)both (a) and (c) above

Accepted Answer

In India, a person may sue a foreign state only with the consent of the central government, as per the principles of sovereign immunity which restrict legal proceedings against a sovereign state without its consent.

Question 5

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

Accepted Answer

The answer of Objection as to place of suing shall...

Question 6

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

Accepted Answer

When a court identifies elements of a potential settlement in a case, it often refers the matter for alternative dispute resolution methods such as arbitration, conciliation, or mediation. This approach is taken to encourage the parties to reach an amicable settlement outside the formal court process, which can be more efficient and less adversarial.

Question 7

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
D)neither (a) nor (b)

Accepted Answer

The answer of A decree for execution cannot be sent...

Question 8

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)

Accepted Answer

The answer of Which of the following must be stated...

Question 9

Agreement between the parties to institute the suit relating to disputes in a particular Court-
A)does not oust the jurisdiction of other courts
B)may operate-as estoppels between the parties
C)both (a) and (b) above
D)none of the above

Accepted Answer

An agreement between parties to institute a suit in a particular court does not oust the jurisdiction of other courts, but it may operate as estoppel between the parties, preventing them from denying the agreement.

Question 10

The Doctrine of res judicata applies to-
A)changing circumstances
B)static situations
C)both (a) and (b) above
D)none of the above

Accepted Answer

The Doctrine of res judicata applies to static situations, where the facts and circumstances have not changed since the previous judgment.

Question 11

An order allowing or disallowing an application for amendment is-
A)appealable
B)a decree
C)an appealable order
D)none of the above

Accepted Answer

An order allowing or disallowing an application for amendment is not considered a decree or an appealable order under the Code of Civil Procedure.

Question 12

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

Accepted Answer

Section 96(2) of the Code of Civil Procedure allows a defendant against whom an ex parte decree has been passed to file an appeal. Order 9 Rule 13 deals with setting aside the decree against defendant, and Order 47 Rule 1 deals with review, not directly with appealing an ex parte decree.

Question 13

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)

Accepted Answer

The answer of Where the relief claimed by the plaintiff...

Question 14

Which of the following does not deals with final determination of contested questions and have the binding effect in future litigation
A)res subjudice
B)res judicata
C)stare decisis
D)both (a) and (b)

Accepted Answer

Res subjudice refers to a matter that is under judicial consideration and thus not yet decided. It does not deal with the final determination of contested questions nor does it have a binding effect in future litigation. Res judicata and stare decisis, on the other hand, both relate to the finality of judgments and their precedential or binding effect in subsequent cases.

Question 15

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

Accepted Answer

The answer of Among the following cases in which the...

Question 16

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

Accepted Answer

The answer of Which of the following operate as res...

Question 17

The provisions relating to abatement do not apply to-
A)appeals
B)execution proceedings
C)both (a) and (b) above
D)none of the above

Accepted Answer

The answer of The provisions relating to abatement do not...

Question 18

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

Accepted Answer

The answer of Interrogatories shall be answered by affidavit to...

Question 19

Section 34 of the Code does not deal with-
A)interest from the date of decree
B)interest prior to suit
C)interest pendent lite
D)none of the above

Accepted Answer

The answer of Section 34 of the Code does not...

Question 20

At the first hearing of the suit, the Court must-
A)frame and record the issues
B)ascertain upon what material propositions of fact or of law the parties are at variance
C)record the evidence
D)none of the above

Accepted Answer

At the first hearing, the court must ascertain the material propositions of fact or law on which the parties disagree, as this helps in framing the issues for the case.

Quiz 2: Civil Procedure Code (CPC): Part B

Under the Code the provision of notice before instituting a suit against the Government is given in-

Inherent powers of the Court can be exercised under the Code-

A residing in Dehradun, beats B in Delhi. B may sue A under the Code-

A person may sue a foreign State-

Objection as to place of suing shall be allowed in the Court of first instance is the essence of-

Where it appears to the Court that there exist element of a settlement the Court shall

A decree for execution cannot be sent to a-

Which of the following must be stated in the pleadings-

Agreement between the parties to institute the suit relating to disputes in a particular Court-

The Doctrine of res judicata applies to-

An order allowing or disallowing an application for amendment is-

The defendant against whom an exparte decree has been passed can prefer an appeal under

Where the relief claimed by the plaintiff is undervalued and the valuation is not corrected within the time fixed or extended by the Court-

Which of the following does not deals with final determination of contested questions and have the binding effect in future litigation

Among the following cases in which the test of res judicata between codefendants has been laid down by the Supreme Court-

Which of the following operate as res judicata-

The provisions relating to abatement do not apply to-

Interrogatories shall be answered by affidavit to be filed within_____ after the service of it-

Section 34 of the Code does not deal with-

At the first hearing of the suit, the Court must-