Question 1

The rule of rateable distribution of the proceeds of execution sale amongst decree holders is contained in:
A)section 73 of CPC
B)section 74 of CPC
C)section 75 of CPC
D)section 76 of CPC.

Accepted Answer

The rule of rateable distribution of the proceeds of execution sale amongst decree holders is contained in Section 73 of the Code of Civil Procedure (CPC). This section outlines how the proceeds from the sale of property in execution of a decree are to be distributed among various decree holders who have applied for execution within a certain timeframe.

Question 2

Supreme Court in case of Union of India v. Somasundaram Mills (P) Ltd. held that under section 73 of CPC, the debts due to the State:
A)stand on equal footing with all other debts
B)are to be paid only after payment of all other debts
C)are entitled to priority over all other debts
D)are not entitled to priority over all other debts

Accepted Answer

The Supreme Court in the case of Union of India v. Somasundaram Mills (P) Ltd. held that under section 73 of the Civil Procedure Code (CPC), the debts due to the State are entitled to priority over all other debts.

Question 3

Under Order VII, Rule 11 of CPC:
A)part only of the plaint can be rejected
B)whole of the plaint is to be rejected
C)part only of the plaint or the whole plaint can be rejected
D)it is the discretion of the court to reject the plaint in part.

Accepted Answer

The answer of Under Order VII, Rule 11 of CPC:
A)part...

Question 4

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)may be returned or may be rejected
D)dismissed

Accepted Answer

If a suit is filed in a court that lacks jurisdiction, the plaint is typically returned to the plaintiff to be filed in the appropriate court.

Question 5

On rejection of a suit under Order VII, Rule 11 of CPC, a fresh suit on the same cause of action under Order VII, Rule 13 of CPC:
A)is barred under all circumstances
B)is not barred at all
C)can be filed with the leave of the court
D)can amend

Accepted Answer

Under Order VII, Rule 13 of the Civil Procedure Code (CPC), when a suit is rejected under Order VII, Rule 11, it does not preclude the plaintiff from filing a fresh suit on the same cause of action. This means that the rejection of the suit does not affect the plaintiff's right to bring a new suit on the same grounds.

Question 6

Multifariousness in a suit results due to:
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.

Accepted Answer

Multifariousness in a suit refers to the improper joining of distinct and unrelated causes of action or parties in a single lawsuit. This can occur due to both misjoinder of parties (joining parties without a proper legal basis) and misjoinder of cause of action (combining unrelated legal claims).

Question 7

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

Accepted Answer

Non-joinder occurs when a person who is a necessary party to a lawsuit has not been included as a party in the suit.

Question 8

On account of mis-joinder or non-joinder of parties, under Order I, Rule 9 of CPC, the suit is:
A)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)rejection for joinder of wrong party

Accepted Answer

Order I, Rule 9 of the Civil Procedure Code (CPC) states that a suit shall not be dismissed on the ground of mis-joinder or non-joinder of parties. The court can deal with the matter in controversy so far as regards the rights and interests of the parties actually before it.

Question 9

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 .

Accepted Answer

Under Order I, Rule 13 of the Civil Procedure Code (CPC), objections regarding non-joinder or mis-joinder of parties must be raised at the earliest possible opportunity, and not at any stage of the proceedings.

Question 10

A suit is bad for non-joinder of a necessary party, as provided:
A)under Order I, Rule 10 of CPC
B)under Order I, Rule 9 of CPC
C)under Order I, Rule 10A of CPC
D)under Order I, Rule 11 of CPC.

Accepted Answer

Order I, Rule 9 of the Civil Procedure Code (CPC) deals with the non-joinder of necessary parties, stating that no suit shall be defeated by reason of the non-joinder of a necessary party.

Question 11

A suit in representative capacity can be filed by virtue of:
A)under Order I, Rule 8 of CPC
B)under Order I, Rule 9 of CPC
C)under Order I, Rule 8A of CPC
D)under Order I, Rule 10A of CPC.

Accepted Answer

Order I, Rule 8 of the Civil Procedure Code (CPC) allows for a suit to be filed in a representative capacity, where one or more persons may sue or be sued on behalf of all persons interested in the matter.

Question 12

A person can be made a party in the suit either as a plaintiff or a defendant:
A)under Order I, Rule 8A of CPC
B)under Order I, Rule 10 of CPC
C)under Order X, Rule 1 of CPC
D)under Order X, Rule 8 of CPC.

Accepted Answer

Under Order I, Rule 10 of the Civil Procedure Code (CPC), the court has the authority to add any person as a plaintiff or defendant if it believes that person is a necessary party for the complete adjudication of the matter.

Question 13

The word „acts? in Order III, Rules 1 & 2of CPC:
A)is confined only in respect of acts done by the power-of-attorney holder in exercise of power granted by the instrument and would not included deposing in place and instead of the principal
B)is not confined only in respect of acts done by the power-of-attorney holder in exercise of the power granted by the instrument and includes deposing in place and instead of the principal
C)is not confined only in respect of acts done by the power-of-attorney holder in exercise of the power granted by the instrument but includes appearances a witness on behalf of the party in the capacity of that party
D)is confined only to deposing in place and instead of the principal.

Accepted Answer

The word "acts" in Order III, Rules 1 & 2 of CPC is limited to actions performed by the power-of-attorney holder under the authority granted by the instrument and does not include giving testimony in place of the principal.

Question 14

Court can direct the parties to opt for any one mode of alternative dispute resolution under:
A)Order X, Rule 1A of CPC
B)Order X, Rule IB of CPC
C)Order XI, Rule 1 of CPC
D)Order XI, Rule 2 of CPC

Accepted Answer

Order X, Rule 1A of the Code of Civil Procedure (CPC) empowers the court to direct parties to opt for any one mode of alternative dispute resolution, aiming to encourage settlement outside the court system.

Question 15

Letter of Request is a
A)Lieu of issuing a commission the court may issue a letter of request to examine a witness residing at any not within India
B)Lieu of issuing a commission the court may issue a letter of request to examine a witness residing in India
C)Lieu of issuing a commission the court may issue a letter of request to not examine a witness
D)Lieu of issuing a commission the court may issue a letter of request to examine a plaintiff

Accepted Answer

A Letter of Request is issued by a court to a foreign court to examine a witness residing outside India, in lieu of issuing a commission. This is used in cases where a witness crucial to the proceedings is located in a different country.

Question 16

Commission is a
A)Is a advocate to inspect property
B)An officer of the court to either record or decide the issue
C)An officer of the court to either record or inspect property to make partition
D)A private officer he can collect record or inspect property

Accepted Answer

A commission is an officer of the court appointed to record evidence or inspect property, often for purposes such as making a partition.

Question 17

An Order Means
A)The formal expression of any decision of Criminal Court
B)The formal expression of any decision of Civil Court which is not a decree
C)The formal expression of any decision of Civil Court that is a proper decree
D)The informal expression of any decision of Criminal Court

Accepted Answer

An order is the formal expression of any decision of a Civil Court which is not a decree.

Quiz 3: Civil Procedure Code (CPC): Part C

The rule of rateable distribution of the proceeds of execution sale amongst decree holders is contained in:

Supreme Court in case of Union of India v. Somasundaram Mills (P) Ltd. held that under section 73 of CPC, the debts due to the State:

Under Order VII, Rule 11 of CPC:

In case the suit has been instituted in a court having no jurisdiction, territorial or pecuniary, the plaint is liable to be:

On rejection of a suit under Order VII, Rule 11 of CPC, a fresh suit on the same cause of action under Order VII, Rule 13 of CPC:

Multifariousness in a suit results due to:

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:

On account of mis-joinder or non-joinder of parties, under Order I, Rule 9 of CPC, the suit is:

Objection as to the non-joinder or mis-joinder of parties under Order I, Rule 13 of CPC:

A suit is bad for non-joinder of a necessary party, as provided:

A suit in representative capacity can be filed by virtue of:

A person can be made a party in the suit either as a plaintiff or a defendant:

The word „acts? in Order III, Rules 1 & 2of CPC:

Court can direct the parties to opt for any one mode of alternative dispute resolution under:

Letter of Request is a

Commission is a

An Order Means