MP TEST SERIES

PAPER #1
(Tuesday, 05/12/2023)

Important Instructions-

(a) Question paper includes II Parts i.e. CPC & Limitation

(b) All questions are compulsory
(c) Time allotted 2 Hours only
(d) Each question carries one marks.
(e) There shall be no negative marking

CODE OF CIVIL PROCEDURE

Q.1 The Code of Civil Procedure (Amendment) Act, 2002 came into force on-

(a) 1st April, 2002 (b) 1st June, 2002

(c) 1st July, 2002 (d) 6th June, 2002

Q.2 Which of the following is not a decree?

(a) Rejection of a plaint (b) Dismissal in default

(c) Both (a) and (b) (d) Neither (a) nor (b)

Q.3 Which of the following is not an essential element of decree-

(a) Conclusive determination of the rights of the parties

(b) A formal expression of adjudication

(c) An adjudication from which an appeal lies as an appeal from an order

(d) The adjudication must have been given in a suit

Q.4 Judgment under Section 2(9) means.

(a) A decree formally expressed.

(b) A decree informally expressed.

(c) Statements of grounds of an order or decree.

(d) The relief granted.

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Q.5 Which of the following is not a legal representative?

(a) Executors and administrators

(b) Hindu coparceners and married daughters

(c) Creditors

(d) Intermeddler

Q.6 Which of the following is not a pleader

(a) An advocate (b) A Vakil

(c) An attorney of a High Court (d) Recognized Agent

Q.7 Which of the following is a public officer within the meaning of Section 2(17):

(a) A Bench clerk of a Civil Court

(b) Chairman of Municipality

(c) Sarpanch of a Gram Panchayat

(d) A Municipal Councilor

Q.8 If two or more courts have jurisdiction to try the suit, it is open to the parties to select a
particular forum. Such an agreement would be legal, valid and enforceable. In which of
the following cases it was held so:

(a) Mathura Prasad v. Dossibai

(b) Ram Kumar v. State of Haryana

(c) Hakam Singh v. Gammon (India) Ltd.

(d) M.S. Hasnuddin v. State of Maharashtra

Q.9 Which of the following suits is not of a Civil Nature:

(a) A suit to declare the election of a candidate as contrary to law.

(b) A suit for right to bury a corpse

(c) Suits for brij jijman rights

(d) A suit for right to services which are honorary and gratuitous.

Q.10 Res Judicata affects:

(a) The parties to the suit

(b) The privies i.e. person claiming under the parties to the suit

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 (c) The persons not expressly named as parties to the suit i.e. in a representative
suit

(d) All of the above

Q.11 An order of stay under Section 10 of the CPC occurred. Then the court appointed a
receiver after the stay of suit. Is it proper?

(a) Yes

(b) No

(c) Section 10 of the CPC provides for the foreign judgment

(d) None of the above.

Q.12 Section 10 of the Civil Procedure Code, 1908 does not apply when the previous suit is
pending

(a) In the same court

(b) In a foreign court

(c) In the court outside India established or continued by the Central Government

(d) In any other court in India

Q.13 Judgement and decree passed by the court which lacks inherent jurisdiction

(a) is a nullity

(b) would never operate as res judicata

(c) can be challenged in subsequent suit

(d) All of these are correct

Q.14 Which of the following landmark judgments of the Supreme Court deals with the
applicability of res judicata in writ petitions?

(a) Satyadhan Ghosal v. Deorajin Debi

(b) Daryao v. State of UP

(c) LIC v. India Automobiles & Co.

(d) None of the above

Q.15 A suit for specific performance of contract is dismissed. Whether subsequent suit for
compensation for breach of contract is maintainable?

(a) Yes, with permission of court, in the next suit.

(b) No.

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 (c) Yes, if superior court directs,

(d) None of the above

Q.16 Where local limits of jurisdiction of courts are uncertain, the place of institution of the
suit shall be according to:

(a) Section 17 of the CPC (b) Section 18 of the CPC

(c) Section 19 of the CPC (d) Section 20 of the CPC

Q.17 Objection as to place of suing shall be allowed in the court of first instance is the essence
of:

(a) Section 21A of CPC (b) Section 20 of CPC

(c) Section 22 of CPC (d) Section 21 of CPC

Q.18 In which of the following cases the Supreme Court of India held the 1999 and 2002
amendments to the Civil Procedure Code 1908 valid:

(a) Salem Advocate Bar Association, Tamil Nadu v. Union of India

(b) Delhi High Court Bar Association v. Union of India

(c) Allahabad High Court Bar Association v. Union of India

(d) Punjab and Haryana High Court Bar Association v. Union of India

Q.19 Under Section 34 of Civil Procedure Code, Court can award interest from the date of
decree to the date of payment or such earlier date as the Court thinks fit. Rate of such
interest shall not exceed per annum.

(a) Nine per cent (b) Ten per cent

(c) Six per cent (d) Twelve per cent

Q.20 The Court may impose a fine for default upon a person required to give evidence or to
produce documents directed under Section 30(b) of CPC, and such fine as per Section
32(c) is not to exceed

(a) Rs. 500 (b) Rs. 1,000

(c) Rs. 5,000 (d) Rs. 10,000

Q.21 What is the maximum amount of compensatory costs that can be awarded under Section
35A(2) of the Code of Civil Procedure, 1908?

(a) Rs. 1000 (b) Rs. 2000

(c) Rs. 3000 (d) Rs. 4000

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Q.22 Which of the following deals with the Transferee of a decree in the Code of Civil
Procedure?

(a) Section 46 (b) Section 50

(c) Section 49 (d) Section 43

Q.23 Arrest of a person in execution of a decree has been provided

(a) Under Section 53 of the Code of Civil Procedure

(b) Under Section 54 of the Code of Civil Procedure

(c) Under Section 56 of the Code of Civil Procedure

(d) Under Section 55 of the Code of Civil Procedure

Q.24 Under Section 51 of CPC, which one is not a method to enforce execution of the decree?

(a) by appointing a receiver

(b) by sale without attachment

(c) by arrest and detention

(d) by appointing a commission

Q.25 Provisions of Section 39 of CPC are:

(a) Permissive and not mandatory (b) Mandatory and not permissible

(c) Mandatory and discretionary (d) None of the above

Q.26 In the execution of a decree for the maintenance, salary or a person can be attached to
the extent of

(a) 1/4th (b) 1/3rd

(c) 2/3rd (d) 1/2 th

Q.27 According to Section 58 of Code of Civil Procedure no detention in civil imprisonment

can be ordered if the P decree is for a payment of amount:

(a) Not exceeding Rs. 500 (b) Not exceeding Rs. 1000

(c) Not exceeding Rs. 1,500 (d) Not exceeding Rs. 2,000

Q.28 An order or direction given by the court which passed the decree to a court which would
be competent to execute the decree, to attach any property belonging to the judgement
debtor, is called:

(a) Precept (b) Garnishee order

(c) Interlocutory order (d) Simultaneous execution

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Q.29 A private transfer and delivery of property attached under section 64(2) of the Civil
Procedure Code 1908 shall not be void:

(a) If made in pursuance of any contract for such transfer or delivery entered into
and registered before the attachment

(b) If made in pursuance of any contract for such transfer or delivery entered into
and registered after the attachment

(c) If made in pursuance of any contract for such transfer or delivery entered into
before the attachment but registered after the attachment

(d) As in (b) and (c) above

Q.30 Which of the following questions is not to be determined by an executing court?

(a) Discharge of decree (b) Execution of decree

(c) Modification of decree (d) Satisfaction of decree

Q31 Under Section 75 of Civil Procedure Code, the court cannot issue commission:-

(a) To examine any person

(b) To make a partition

(c) To conduct sale of property which is not in the custody of the court

(d) To hold a scientific, technical or expert investigation

Q.32 For non-compliance of Section 80 of the CPC:

(a) The suit is to be dismissed on very first day

(b) The suit is to be admitted but summons have to be issued of a date after two
months

(c) The plaint is to be returned

(d) Costs have to be imposed

Q.33 Provisions relating to inter-pleader suit are contained in:-

(a) Order XXXIV of CPC (b) Section 88 of CPC

(c) Order XXXV of CPC (d) Both (b) and (c)

Q.34 Section 89 of the Civil Procedure Code was incorporated through the Civil Procedure
Code Amendment Act of ………… which is the prominent provision the discusses
about the jurisdiction of civil courts in applying. Alternate Dispute Resolution
mechanisms.

(a) 1989 (b) 1999

(c) 1988 (d) 2009

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Q.35 In the case of a public nuisance, a suit for declaration and injunction may be instituted
by

(a) Two persons, with the leave of the Court

(b) Two persons, having obtained oral consent of the Advocate General

(c) Two persons, having obtained the written consent of the Advocate General

(d) Two persons, without the leave of the Court

Q.36 Provision for grant of temporary injunction is provided in ……………. Of the Code of
Civil Procedure.

(a) Section 95 read with Order XXXIX

(b) Section 78

(c) Section 95 read with Order XXXVII

(d) Section 151

Q.37 “No appeal shall lie from a decree passed by the court with the consent of parties”. It is
provided-

(a) Section 96(1) CPC (b) Section 96(2) CPC

(c) Section 96(3) CPC (d) Section 96(4) CPC

Q.38 A suit in respect of public charities is provided under

(a) Section 92 of CPC (b) Section 41 of CPC

(c) Section 100 of CPC (d) Section 150 of CPC

Q.39 Every decree and order passed by the court is appealable. Is it true?

(a) Yes

(b) No

(c) All orders are appealable but all decrees are not appealable

(d) None of the above

Q.40 Second appeal shall not lie from any decree, as provided under Section 102 of CPC,
when the subject-matter of original suit is for recovery of money not exceeding

(a) Rs. 10,000/- (b) Rs. 25,000/-

(c) Rs. 50,000/- (d) Rs. 1,00,000/-

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Q.41 The substantive questions of law for the application of second appeal are

(i) Conflict of judicial opinions

(ii) Non-consideration evidence of admissible

(iii) Two views are possible

(iv) Lower court considering irrelevant evidence

Which among the above statements is/ are true?

(a) Only (i) (b) (i) and (ii)

(c) (i), (ii) and (iii) (d) (i), (ii) and (iv)

Q42 Which one of the following combination is mis-matched under Civil Procedure Code?

(a) Summary Procedure – Order 37

(b) Right to Lodge a Caveat – Section 148A

(c) Suit by Pauper – Order 33

(d) Powers of Appellate Court – Section 102

Q.43 The period of limitation for filing an application for review is

(a) 30 days of the judgment/order.

(b) 60 days of the judgment/order.

(c) 90 days of the judgment/order.

(d) 120 days of the judgment/order.

Q.44 A revision under Section 115 of the Civil Procedure Code 1908 shall not operate as a
stay of suit or on other proceedings s before the court except where such suit or other
proceeding is stayed by:

(a) The High Court (b) The Supreme Court

(c) The Appellate Court (d) District and Sessions Court

Q.45 Review is maintainable

(a) When an appeal is provided, but no appeal preferred

(b) When no appeal is provided

(c) Both (a) & (b)

(d) Neither (a) nor (b)

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Q.46 In which section of the Code of Civil Procedure are the inherent powers of court
mentioned?

(a) Section 148 (b) Section 151

(c) Section 95 (d) Section 114

Q.47 The duration of existence of a Caveat filed under Code of Civil Procedure 1908 is

(a) 60 days from the date on which it was filed

(b) 30 days from the date on which it was lodged

(c) 120 days from the date when it was lodged

(d) 90 days from the date, when it was lodged

Q.48 Which of the following deals with the publication of rules in the Code of Civil
Procedure?

(a) Section 122 (b) Section 127

(c) Section 124 (d) Section 129

Q.49 Which one of the following Section of the CPC provides exemption of certain women
from personal appearance in the court?

(a) Section 133 (b) Section 135

(c) Section 135A (d) Section 132

Q.50 All orders and notices served on or given to any person under the provisions of Civil
Procedure Code shall be in writing has been provided under

(a) Section 141 (b) Section 142

(c) Section 143 (d) Section 144

Q.51 Under Section 148 of the CPC, the Court has power to enlarge time:

(a) Not exceeding 30 days in total.

(b) Not exceeding 60 days in total.

(c) Not exceeding 90 days in total.

(d) As may be appropriate in the facts and circumstances of the suit.

Q.52 The ‘doctrine of restitution’ is based upon the maxim:

(a) actus incumbit onus probandi

(b) actus curiae neminem gravavit

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 (c) actus dei nemini facit injuriam

(d) actus non-facit reum nisi mens sit rea

Q.53 In which one of the following cases, it is held that "Inherent powers has not been
conferred on a court, it is a power inherent in a court"?

(a) Rajni Bai v. Kamla Devi

(b) Satyabrat Biswas v. Kalyan Kumar Kisku

(c) P.C. Jairath v. Amrit Jairath

(d) Manohar Lal v. Seth Hiralal

Q.54 Inherent powers conferred under Section 151 of the Code of Civil Procedure, 1908,
may be exercised by the

(a) Supreme Court only

(b) High Court only

(c) District Court only

(d) Supreme Court, High Court, District Court as well as by any Civil Court

Q.55 Who is garnishee

(a) A third party who is instructed by way of legal notice to surrender money to
settle a debt or claim

(b) A borrower arrested for defaulting

(c) A person who cannot repay a bank loan

(d) A person who mortgaged his farm land

Q.56 The power of a Court to correct clerical or arithmetical mistakes in judgments, decrees
or orders:

(a) May at any time be exercised by Court of its own motion

(b) May at any time be exercised on an application by any of the Parties

(c) Either (a) or (b)

(d) None of the above

Q.57 In a suit for possession by the landlord against his tenant, a sub-tenant is a

(a) Necessary party (b) Proper party

(c) Both (a) and (b) (d) None of the above

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Q.58 Which provision of the Code of Civil Procedure provides that one person may sue or
defend on behalf of all in same interest?

(a) Order 1, Rule 1 (b) Order 1, Rule 2

(c) Order 1, Rule 8 (d) Order 1, Rule 9

Q.59 A suit may be defeated due to:

(a) Non joinder of a proper party (b) Mis-joinder of a necessary party

(c) Non joinder of a necessary party (d) Mis-joinder of a proper party

Q.60 Under the Civil Law the term ‘multifariousness’ means

(a) Misjoinder of cause of action

(b) Misjoinder of parties

(c) Non-joinder of parties

(d) Mis-joinder of causes of action as well as Parties.

Q.61 'A' lets a house to 'B' at a yearly rent of rupees five hundred. The rent for the whole of
the years 1905, 1906 and 1907 is due and unpaid. 'A' sues 'B' in 1908 only for the rent
due for 1906-

(a) 'A' can afterwards sue 'B' only for the rent due for 1905

(b) 'A' can afterwards sue 'B' only for the rent due for 1907

(c) 'A' can afterwards sue 'B' for the rent due for 1905 and 1907 both

(d) 'A' cannot afterwards sue 'B' for the rent due for 1905 or 1907

Q.62 Under Civil Procedure Code, 1908 “every suit shall be instituted by presenting a plaint
in duplicate to the court or such officer as it appoints in this behalf”. This is provided
under

(a) Section 26 (b) Section 20

(c) Order 3 Rule 1 (d) Order 4 Rule 1

Q.63 A defendant under Order V, Rule 1(1) of C.P.C.is required to appear, answer the claim
and to file the written statement

(a) Within 90 days from the date of service of summons

(b) Within 60 days from the date of service of summons

(c) Within 30 days from the date of service of summons

(d) Within 15 days from the date of service of summons

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Q.64 Dasti summons for service on the defendant can be given to the plaintiff under:

(a) Order V Rule 9A, C.P.C. (b) Order V Rule 9, C.P.C.

(c) Order IV Rule 7, C.P.C. (d) Order VI Rule 6, C.P.C.

Q.65 Which is maximum limit in Code of Civil Procedure, 1908 to incorporate amendment
in plaint?

(a) Seven days (b) Fourteen days

(c) Fifteen days (d) Thirty days

Q.66 Which of the following propositions is incorrect is so far as the power to permit
amendment of pleadings, under Order VI Rule 17 of the CPC is concerned?

(a) Amendment of the pleadings must be allowed at any stage of the proceedings,
before the trial has commenced.

(b) Amendment which cause prejudice to the other side may not be allowed by the
court.

(c) The basic or cardinal test for deciding whether an amendment should or should
not be allowed is the "real controversy test".

(d) The court is normally proscribed, from deciding the correctness or falsity of the
case in the amendment when deciding an application for amendment.

Q.67 Order 7, Rule 10 to 10B provides for:

(a) Return of Plaint (b) Admission of Plaint

(c) Rejection of Plaint (d) Documents relied on in Plaint

Q.68 In which of the following cases, C can set off the claim?

(a) A sues C on a Bill of Exchange. C alleges that A has wrongfully neglected to

insure C's goods and is liable to pay compensation.

(b) A sues B and C for Rs. 1,000. The debt is due to C alone by A

(c) A and B sue C for Rs. 1,000. The debt is due to C by A alone.

(d) A sues C on a bill of exchange for Rs. 500. C holds a judgment against A for
recovery of debt of Rs. 1,000

Q.69 The provision of Specific denial is provided

(a) In Rule 2 & 4 of Order 8 of CPC (b) In Rule 1 & 6 of Order 8 of CPC

(c) In Rule 3 & 5 of Order 8 of CPC (d) In Rule 7 & 9 of Order 8 of CPC

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Q.70 Where the suit is dismissed under rule 2 or 3 of order 9 C.P.C., the plaintiff?

(a) May bring a fresh suit subject to Law of Limitation

(b) Cannot bring a fresh suit

(c) May bring a fresh suit with the leave of High Court

(d) May bring a fresh suit with the leave of District Judge

Q.71 The original documents to be produced at or before the settlement of issues under which
of the following in the Code of Civil Procedure?

(a) Order 13, Rule 1 (b) Order 4, Rule 13

(c) Order 6, Rule 10 (d) Order 9, Rule 22

Q.72 Issues are framed under:

(a) Order 14 (b) Order 41

(c) Order 21 (d) All of them

Q.73 The parties to suit must submit the list of their witnesses within the time prescribed by
the court but not later than:

(a) 15 days after the issues are settled (b) 30 days after the issues are settled

(c) 45 days after the issues are settled (d) 90 days after the issues are settled

Q.74 Under proviso to sub-rule (1) of Order 17 of Code of Civil Procedure, the maximum
adjournments can be granted, are

(a) five (b) four

(c) three (d) two

Q.75 Order 20, Rule 12 of the Code of Civil Procedure provides for passing of preliminary
decree in a suit for

(a) Dissolution of partnership

(b) Pre-emption

(c) Possession and mesne profits

(d) Accounts between principal and agent

Q.76 On abatement of suit, under Order 22, Rule 9 of CPC:

(a) A fresh suit on the same cause of action can be brought as a matter of right

(b) A fresh suit on the same cause of action can be brought only with the permission
of the Court

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 (c) A fresh suit on the same cause of action is barred

(d) None of the above

Q.77 A compromise which is voidable under Indian Contract Act, 1872 shall not be deemed
to be __________within the meaning of Order XXIII Rule 3 of Code of Civil
Procedure, 1908.

(a) void (b) voidable

(c) illegal (d) lawful

Q.78 The maxim "Invito beneficium non datur" (The law confers upon a man no rights or
benefits which he does not desire) relates to which of the provision under the Code of
Civil Procedure, 1908?

(a) Section 26 (b) Order 6, Rule 1

(c) Section 148A (d) Order 23, Rule 1

Q.79 Under Order 40, rule 1 of CPC, a receiver can be appointed

(a) Only before Decree (b) Only after Decree

(c) Both before and after Decree (d) Before presentation of plaint

Q.80 Which of the following order is not appealable under the Code of Civil Procedure

(a) An order under Section 95

(b) An order under Order XL Rule 1

(c) An order under Order XL Rule 21

(d) An order under Section 24

LIMITATION ACT

Q.81 Section 5 of limitation act applies to?

(a) Suits

(b) Application for execution of Decree

(c) Appeal and application other than execution of decree

(d) All of the above

Q.82 Suit against which of the following is not barred by limitation?

(a) Trustee (b) Tenant

(c) Debtor (d) Partner

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Q.83 For claiming easementary right against government, one must have enjoyed open and
peaceful access for a period of:

(a) 15 Years (b) 20 Years

(c) 10 Years (d) 30 Years

Q.84 Which Section of Limitation Act, 1963 provides that on lapse of time not only the
remedy is barred but the right to property is also extinguished?

(a) Section 27 (b) Section 26

(c) Section 23 (d) Section 24

Q.85 During period of legal disability the period of limitation shall:

(a) Remain suspended (b) Continue to run

(c) Extended to limited period (d) Increase

Q.86 After expiry of period of limitation ‘A’ has acknowledged in writing the amount due as
a debt from ‘B’ and has promised to pay. What is the effect of acknowledgement?

(a) No effect on period of limitation

(b) Fresh period of limitation will start from the date of such an acknowledgement

(c) Period of limitation will be extended for 6 months

(d) Period of limitation will not be applicable

Q.87 A suit for compensation for malicious prosecution shall be filed within 1 year from the
time of-

(a) Commission of malicious prosecution

(b) When the plaintiff is acquitted

(c) The prosecution is otherwise terminated

(d) Both (b) and (c) are Correct

Q.88 Under Limitation Act, 1963 in computing the period of limitation for any suit, appeal
or application, the day from which such period is reckoned-

(a) May be included (b) Shall be included

(c) Shall be excluded (d) May be excluded

Q.89 Section 7 of Limitation Act, 1963 does not apply to-

(a) Liability in respect of immovable property

(b) Liability in respect of movable property

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 (c) Contractual liability

(d) None of the above

Q.90 Under Section 15 of Limitation Act, 1963 which of the following is not excluded in
computing the limitation period-

(a) The duration of stay order

(b) The day on which the stay order was issued

(c) The day on which stay order was withdrawn

(d) None of the above

Q.91 For the purpose of Limitation Act, 1963 a suit in the case of a pauper, is instituted-

(a) When the plant is presented to proper officer

(b) When the application for leave to sue as pauper is made

(c) When application seeking leave to pauper is granted

(d) None of the above

Q.92 The period of limitation for filing suit to set aside transfer of property made by a
guardian of a ward, by ward’s legal representative, when ward dies before attaining
majority, is

(a) 3 years from the date when ward would have became major

(b) 3 years from the date when such facts came to notice of the legal representative

(c) 3 years from the date of death of ward

(d) 12 years from the date of transfer

Q.93 Which Section of Limitation Act, 1963 is based on the principle of “lex non cogit ad
impossbilia”

(a) Section 3 (b) Section 4

(c) Section 5 (d) Section 10

Q.94 Under Section 21 of Limitation Act, 1963, when the suit shall be deemed to have been
instituted against newly impleaded defendant-

(a) From the date of filing of suit

(b) From the date of filing of a application to implead him as defendant

(c) The date on which he was impleaded

(d) None of the above

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Q.95 The time period for filing an application for setting aside an order of abatement is-

(a) 30 Days (b) 60 Days

(c) 90 Days (d) 120 Days

Q.96 The period of limitation for filing an application for enforcement of mandatory
injunction is-

(a) 2 years (b) 3 years

(c) 12 years (d) 30 years

Q.97 In which case Hon’ble Supreme Court has held that ‘adverse possession can be
claimed as shield as well as sword’?

(a) Gurudwara Sahab v. Gram Panchayat Village Sirthala

(b) Ravinder Kaur Grewal and Ors. V. Manjeet Kaur and Ors.

(c) Both (a) and (b)

(d) None of the above

Q.98 Which Section of Limitation Act, 1963 deals with effect of fraud or mistake?

(a) Section 17 (b) Section 18

(c) Section 19 (d) Section 20

Q.99 Limitation Act, 1963 was enforced on

(a) 1st April, 1964 (b) 1st March, 1964

(c) 1st January, 1964 (d) 1st October, 1964

Q.100 The term Tort is defined under Section ___________ of Limitation Act, 1963-

(a) Section 2(l) of Limitation Act (b) Section 2(m) of Limitation Act

(c) Section 2(n) of Limitation Act (d) Section 2(h) of Limitation Act

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