Civil Procedure Code (CPC)

1 of 2 sets

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:C

2. Among the following in which Section the term “decree” is define–

A. section 2(1)
B. section 2(2)
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C. section 2(a)
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D. section 2(b)
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Answer:B a
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3. Decree includes–
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A. the rejection of a plaint
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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:A

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
Answer:D

5. Order of dismissal for default is–

A. preliminary decree
 B. final decree
C. partly preliminary partly final decree
D. none of the above
Answer:D

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
Answer:D

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)
Answer:C

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
Answer:A

9. Every______ is appealable–
A. decree
B. order
C. both (a) and (b)
D. either (a) or (b)
Answer:A

10. Cause of action may be described as–

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 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
Answer:A

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
Answer:B

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
Answer:D

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
Answer:B

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)
Answer:A

15. Among the following which are suits of a Civil nature–

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 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
Answer:D

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
Answer:C

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)
Answer:C

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
Answer:D

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)
Answer:B

20. Jurisdiction of a Court depends upon the___

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 A. averments made in a plaint
B. defence in the written statement
C. both (a) and (b) above
D. none of the above
Answer:A

21. Doctrine of res sub judice is provided under Section–

A. 9
B. 10
C. 11
D. 12
Answer:B

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)
Answer:A

23. Which of the following is based upon equity–

A. res judicata
B. res subjudice
C. estoppels
D. none of the above
Answer:C

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
Answer:A

25. Among the following______ conclusively determines the rights of the parties–

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 A. decree
B. order
C. judgment
D. application
Answer:A

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

A. plain
B. written statement
C. judgment
D. summons
Answer:C

27. The term ‘Resjudicata’ means–

A. stay of proceeding
B. further proceeding
C. a matter already adjudicated
D. none of the above
Answer:C

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)
Answer:C

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
Answer:B

30. An order rejecting the plaint for non-payment of the court fees is–

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 A. decree
B. not a decree
C. judgment
D. none of the above
Answer:A

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
Answer:A

32. Among the following which section put a bar to further suit–
A. section 9
B. section 12
C. section 15
D. section 16
Answer:B

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
Answer:A

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)
Answer:A

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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
Answer:C

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
Answer:D

37. Which of the following sections of the Code defines “suit”_____

A. section 2
B. section 9
C. section 2(9)
D. not defined
Answer:D

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
Answer:A

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)

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 D. none of the above
Answer:B

40. A judgment contemplates a stage___ the passing of a decree–

A. simultaneous
B. prior to
C. after
D. any of the above
Answer:B

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
Answer:A

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
Answer:A

43. The interest on mesne profit shall not exceed______ per annum–
A. 10%
B. 6%
C. 4%
D. 1%
Answer:B

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

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 C. caveat
D. letter of request
Answer:C

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
Answer:D

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
Answer:D

47. Provision regarding Res subjudice are–

A. mandatory
B. discretionary
C. not mandatory
D. directory
Answer:A

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
Answer:C

49. A decree may be executed by

A. court which passed it
B. court to which sent for execution

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 C. appellate court
D. both (a) and (b) above
Answer:D

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
Answer:A

51. 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
Answer:B

52. 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
Answer:C

53. 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)
Answer:C

54. A person may sue a foreign State–

A. only with the consent of the central government

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 B. with the consent of the president of india
C. with the consent of the state government
D. both (a) and (c) above
Answer:A

55. 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
Answer:C

56. 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
Answer:C

57. 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)
Answer:A

58. 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)
Answer:A

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59. 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
Answer:C

60. The Doctrine of res judicata applies to–

A. changing circumstances
B. static situations
C. both (a) and (b) above
D. none of the above
Answer:B

61. An order allowing or disallowing an application for amendment is–

A. appealable
B. a decree
C. an appealable order
D. none of the above
Answer:D

62. 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
Answer:C

63. 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)

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Answer:B

64. 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)
Answer:A

65. 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
Answer:C

66. 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
Answer:B

67. 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
Answer:B

68. Interrogatories shall be answered by affidavit to be filed within_____ after the

service of it–
A. 30 days
B. 21 days

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 C. 10 days
D. 7 days
Answer:C

69. 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
Answer:B

70. 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
Answer:B

71. Under order 7 Rule 11 of the Code. The plaint shall not be rejected–
A. where it is not filed in duplicate
B. where the suit appears from the statement in the plaint to be barred by any law
C. where the plaintiff fails to comply with the provision of rule 9
D. where it discloses cause of action
Answer:D

72. Application under Order 9 Rule 7 of the Code to set aside the order of ex-parte
proceeding may be filed–
A. at or before the date of fixed for hearing
B. within 90 days
C. within 45 days
D. within 30 days
Answer:A

73. Which section of the Code prove enforcement of decree against legal
representative–
A. section 51

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 B. section 52
C. section 56
D. section 58
Answer:B

74. Among the following in which section property liable to attachment and sale in
execution of decree is provided–
A. section 60
B. section 62
C. section 63
D. section 65
Answer:A

75. A judgment debtor has been arrested, may not release among the following
ground–
A. suffering from any serious illness
B. suffering from any infectious or contagious disease
C. he is not in a fit state of health to be detained in the civil prison
D. none of the above
Answer:D

76. Among the following properties, which shall not be liable for attachment under
the Code–
A. government securities
B. bank notes
C. a mere right to sue for damages
D. all of the above
Answer:C

77. Among the following which section deals with the proceeds of execution-sale to
be rateably distributed among decree-holders–
A. section 60
B. section 67
C. section 73
D. section 75
Answer:C

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78. Section which deals with the interpleader suit–
A. 38
B. 79
C. 84
D. 88
Answer:D

79. A decree is passed against the Union of India or a State, execution shall not be
issued on any such decree unless it remains unsatisfied for the period of–
A. two months
B. three months
C. one months
D. six months
Answer:B

80. No order for detention of the judgment debtor in civil prison in execution of a
decree for the payment of money shall be made, where the total amount of the
decree not exceed–
A. one thousand
B. two thousand
C. five thousand
D. ten thousand
Answer:B

81. In which of the following cases, the Court may not issue a commission–
A. to examine any person
B. to make a partition
C. to hold a scientific, technical or expert investigation
D. for execution of a decree
Answer:D

82. Appellant Court shall not have power–

A. to remand a case
B. to determine a case finally
C. to take additional evidence
D. none of the above

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Answer:D

83. The Limitation Act contains

A. 32 sections
B. 137articles
C. 30 sections
D. both (a) & (b) are correct
Answer:D

84. The doctrine which place emphasis on the plaintiff’s duty to exhaust all
available grounds in support of his claim–
A. estoppels
B. res judicata
C. principle underlying order 2 rule 2 (splitting of claim)
D. none of the above
Answer:C

85. Remedy available against rejection of plaint is–

A. plaintiff may prefer an appeal
B. plaintiff may present a fresh plaint in respect of the same cause of action
C. either (a) or (b)
D. none of the above
Answer:C

86. A claim by way of____ may be allowed even if it is time barred when there is a
fiduciary relationship between the parties–
A. an equitable set-off
B. a legal set off
C. a counter claim
D. all of the above
Answer:A

87. A suit filed on behalf of a minor

A. cannot be withdrawn
B. can be withdrawn as a matter of right
C. can be withdrawn only with the leave of the court

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 D. none of the above
Answer:C

88. Which of the following deals with the transfer of decree to Court in another
State in the Code of Civil Procedure?
A. Section 40
B. Section 36
C. Section 39
D. Section 52
Answer:A

89. Which of the following deals with proceeds of execution- sale to be rateably
distributed among decree holders in the Code of Civil Procedure?
A. Section 63
B. Section 72
C. Section 73
D. Section 78
Answer:C

90. Which of the following deals with second appeal in the Code of Civil
Procedure?
A. Section 111
B. Section 103
C. Section 108
D. Section 100
Answer:D

91. Which of the following deals with power of High Court to make rules as to their
original civil procedure?
A. Section 122
B. Section 103
C. Section 124
D. Section 129
Answer:D

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92. Which of the following sections of the Code of Civil Procedure has been
repealed by the Repealing and Amending Act, 1952 (48 of1952)?
A. Section 145
B. Section 150
C. Section 155
D. Section 153
Answer:C

93. Court may order defendant or plaintiff to appear in person under which of the
following in the Code of Civil Procedure?
A. Order 7, Rule 3
B. Order 5, Rule 3
C. Order 6, Rule 10
D. Order 4, Rule 8
Answer:B

94. Which of the following deals with when plaintiff sues as representatives in the
Code of Civil Procedure?
A. Order 5, Rule 30
B. Order 9, Rule 12
C. Order 6, Rule 10
D. Order 7, Rule 4
Answer:D

95. Parties to appear on day fixed in summons for defendant to appear and answer
under which of the following in the Code of Civil Procedure?
A. Order 5, Rule 30
B. Order 4, Rule 13
C. Order 9, Rule 1
D. Order 10, Rule 22
Answer:C

96. Which of the following deals with verified copies in the Code of Civil
Procedure?
A. Order 16, Rule 12
B. Order 11, Rule 19

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 C. Order 6, Rule 10
D. Order 8, Rule
Answer:B

97. Which of the following deals with power to order attendance of deponent for
cross-examination in the Code of Civil Procedure?
A. Order 12, Rule 5
B. Order 14, Rule 20
C. Order 6, Rule 21
D. Order 19, Rule 2
Answer:D

98. Which of the following deals with application to Court whose decree
complained of in the Code of Civil Procedure?
A. Order 25, Rule 5
B. Order 31, Rule 9
C. Order 45, Rule 2
D. Order 9, Rule 10
Answer:C

99. A sues B to recover a debt or damages for breach of contract. Pending the suit
A is adjudged insolvent.
A. The official assignee or receiver is a necessary party to suit
B. The official assignee or receiver is not a necessary party to suit
C. proper party
D. pleader
Answer:A

100. Which of the following deals with theresult of execution proceedings to

becertified in the Code of Civil Procedure?
A. Section 43
B. Section 41
C. Section 39
D. Section 52
Answer:B

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