1.

From which date Civil Procedure Code, 1908, became

operative?
(a) 1st January, 1908
(b) 1st April, 1908
(c) 31st December, 1908
(d) 1st January, 1909
2. Code of Civil Procedure contains
(a) 50 Orders
(b) 52 Orders
(c) 51 Orders
(d) 53 Orders
3. The Civil Procedure Code, 1908 extends to the whole
India except 3.
(a) the State of Jammu & Kashmir
(b) the State of Nagaland and Tribal Areas
(c) (a) and (b) both
(d) None of the above
4. The essential elements of a decree:

(a) these must be an adjudication

(b) the determination must be of a conclusive nature
(c) the adjudication must have been done in a suit
(d) all of the above
5. A decree can be:
(a) Preliminary
(b) Final
(c) First preliminary then final
(d) Either preliminary or final
6. The Code of Civil Procedure recognises:
(a) Preliminary decree
(b) Final decree
(c) Partly preliminary and partly final
(d) All of the above
7. Preliminary Decree can be passed in a suit
(a) for partition
(b) for partnership
(c) for possession and mesne profit
(d) All these

8. Which of the following decisions is not a decree?

(a) Order of abatement or suit
(b) Dismissal of appeal as time barred
(c) Rejection of plaint for non-payment of court fee
(d) Order refusing to set aside sale
9. Which one of the following is not a decree under Civil
Procedure Code, 1908?
(a) Rejection of a plaint for non-payment of court fee.
(b) Any order of dismissal for default.
(c) Both (a) and (b)
(d) None of the above
10. "Under the C.P.C. "Decree" does not include.........
(a) the rejection of a plaint
(b) an order of restitution under Section 144 CPC
(c) an order of restitution of conjugal rights
(d) the return of a plaint
11. The term "Award and Decree" is used to denote..
(a) the order of Commissioner of Income Tax
(b) the order of Collector passed while recovering therevenue
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31. Basis of distribution of the jurisdiction of Indian Courts is
(a) pecuniary jurisdiction
(b) territorial jurisdiction
(c) subject-matter
(d) all the above.
32. Court of small causes, under section 3 of CPC is
subordinate to
(a) District Couzt
(b) High Court
(c) both (a) & (b)
(d) neither (a) nor (b).
33. Pecuniary jurisdiction of the couzt has been
dealt with in
(a) section 3 of CPC
(b) section 4 of CPC
(c) section 5 of CPC
(d) section 6 of CPC.
34. Courts have jurisdiction to try all suits of a civil nature
excepting suits, the cognizance of which is either expressly or
impliedly barred,by viztue of
(a) section 8 of CPC
(b) section 9 of CPC
(c) section 10 of CPC
(d) section 11 of CPC.
35. Which of the following is a right ofnature
(a) right to worship in a temple
(b) right to share in offerings in a temple
(c) right to take out procession
(d) all the above.
 36. Which of the following is not a right of civil nature
(a) caste& religion
(b) right to services which are honorary
andgratuitous
(c) brijjijmam rights
(d) both (a) & (b).
37. Jurisdiction of civil court can be barred
(a) expressly only
(b) impliedly only
(c) either expressly or impliedly
(d) neither expressly nor impliedly.
38. DhuIabhai etc. v. State of Madhya Pradesh and another, AIR
1969 SC 78, lays down certain principles regarding the exclusion
of jurisdiction of civil couzts. Which of the following is not a
principle laid down:
(a) where a statute gives a finality to the orders of the special
tribunals, the civil courts jurisdiction must be held to be excluded
if there is adequate remedy to do what the civil court would
normally do in a suit
(b) where there is an express bar of jurisdiction of the court, an
examination of the scheme of the particular Act to find out the
adequacy or sufficiency of the remedies provided may be relevant
but is not decisive to sustain the jurisdiction of the civil court
(c) questions as to the correctness of the assessment apart from
its constitutionality are the decisions of the authorities and a civil
suit lies even
if the orders of the authorities are declared to be final
(d) none of the above.
39. In which Section of the Civil Procedure Code provision
relating to "Suit of a Civil nature" has been provided?
(a) Section 8
(b) Section 10
(c) Section 9
(d) Section 11
40. If a right or a liability is created by a statute,
which of the following situation may arise. -
(a) The statute may create a specific forum for its enforcement.
(b) If no machinery is provided for enforcement civil couzt can
entertain the suit
(c) Both (a) and (b)
(d) None of the above
41. Under Civil Procedure Code, a litigant having a grievance of
Civil nature has a right to institute a Civil suit, its cognizance
is.
(a) Not expressly barred
(b) Impliedly barred
(c) Expressly and Impliedly barred
(d) None of these
42. Assertion (A): A civil court has jurisdiction to all try suits of
civil nature.
Reason {R): The cognizance of a civil suit should be expressly
barred. Select the correct answer using the code given below:
Code:
(a) Both (A) and (R) are true and (R) is the correct
explanation of (A)
(b) Both (A) and (R) are true and (R) is not the correct
explanation of (A)
(c)(A) is true, but (R) is false
(d) (A) is false, but (R) is true
43. Which of the following suits is of civil nature?
(a) Suits relating to right to property
(b) Suits relating to right of worship
(c) Suits for damages for civil wrongs
(d) All of the above
44. Which one of the following is not a suit of civil
nature?
(a) Suits relating to right of worship
(b) Suits relating to partnership
(c) Suits relating to common law rights
(d) Suits relating to political questions
45. Which one of the following is NOT a suit of civil
nature?
(a) Suit relating to rights of worship
(b) Suit involving purely religious rights
(c) Suit for rent
(d) Suit for rights to hereditary office
46. Which of the following is not a suit of civil
nature?
(a) suit relating to right of worship
(b) suit relating to taking out of religious procession
(c) suit against expulsions from caste
(d) suit for right to hereditary office
 47. Under C.P.C. find the incorrect match of the following:
(a) Revenue Courts-Section 5
(b) Provincial Small Causes Couzts Section 7
(c) Pecuniary Jurisdiction of Courts Section 9
(d) Presidency Small Causes Courts-Section 8
48. Civil Court's jurisdiction is barred in proceedings under
(a) Industrial Disputes Act
(b) Income-tax recovery under Income Tax Act
(c) Administrative Tribunal Act
(d) All of the above
49. 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 couzt
(c) in the court outside India established or
continuedby the Central Government
(d) in any other court in India
50. Which one of the following is not suit of
CivilNature?
(a) Suits for rights to hereditary offices.
(b) Suits for rights of franchise.
(c) Suits for recovery of voluntary payments
offerings.
(d) Suits relating to right of worship.
51. Under C.P.C., which of the following is not a suit of a civil
nature
(a) suit for correcting the date of birth in the service record
(b) suit for declaration of the right to worship
 (c) suit for vindication of a mere dignity connected with an
office
(d) suit for a religious office
52. Which of the following in not a suit of civil nature
(a) A suit in which right to property is contested
(b) A suit to which right to an office is contested
(c) A suit by member of a caste for his exclusion
from the invitation to the caste dinner
(d) A suit by member of a caste for his expulsion from the
caste.
53. Which Section of the CPC lays down the rule of res sub
judice?
(a) Section 15
(b) Section 13
(c) Section 11
(d) Section 10
54. Which of the following sections of the Code of
Civil Procedure deals with stay of suit?
(a) Section 16
(b) Section 10
(c) Section 13
(d) Section 12
55. The term "Res Sub Judice" means
(a) Stay of suit
(b) Stay of appeal
(c) Stay of application
(d) Stay of execution
56. The rule of res sub judice as provided in Section 10 of Civil
Procedure Code:-
(a) stays the trial of the subsequent suit
(b) stays the trial of the previous suit
(c) prevents simultaneous hearing of previous and subsequent
suits under all the circumstances
(d) stay the institution of the subsequent suit.
57. Provisions of Section 10 of C.P.C. are
(a) Directory
(b) Discretionary
(c) Mandatory
(d) None of the above
58. Under section 10, Code of Civil Procedure, 1908, a court
during pendency of a suit before it
(a) can entertain and try second suit
(b) cannot entertain and proceed to try second suit
(c) shall not proceed to try though may entertain second suit
(d) neither can entertain nor shall proceed for secondsuit
59. 'A' the tenant files a suit for permanent injunction against
'B' the landlord for not to be dispossessed except by due process of
law pleading that 'B' is planning to forcibly dispossess him. During
the pendency of above suit, 'B' attempts to forcibly disposes 'A'.
'A' files another suit for injunction.
(a) The second suit is barred by res judicata
(b) The rule of res sub judice will apply
(c) Both (a) and (b)
(d) None of the above
60. In the case of 'res sub judice' under Section 10 of the Code of
Civil Procedure, the court can:
(a) pass interim orders
(b) grant of injunction
(c) appoint a receiver
(d) all of the above
61. Which is the correct essential conditions for applicability
of the rule of sub judice?
(a) The matter in issue in the subsequent suit must be directly
and substantially in issue in the previous suit.
(b) The parties must be litigating under the same title in both
the suits.
(c) Both (a) and (b)
(d) Neither (a) nor (b)
62. Provisions with regard to res judicata are provided in
Section Procedure, 1908. ......... of the Code of Civil
(a) Section 9
(b) Section 12
(c) Section 100
(d) Section 11
63. Section 10 can come into operation
(a) before filing of written statement in the
subsequent suit
(b) before settlement of issues in subsequent suit
(c) after settlement of issues in subsequentsuit
(d) all the above.
64. Doctrine of res-judicata as contained in section 11 of CPC is
based on the maxim
(a) Nemodebetbisvexari pro unoeteademcausa
(b) interestrepublicaeut sit finis litium
(c) both (a) & (b)
(d) either (a) or (b).
 65. Principle of res-judicata applies
(a) between co-defendants
(b) between co-plaintiffs
(c) both (a) & (b)
(d) neither (a) nor (b).
66. The doctrine of res judicata is based on maxims:
(a) Nemo debt bisvexari pro unaeteademcausa (No man should
be vexed twice for the same cause)
(b) Interest republicaeut sit finis litium (It is in the interest of
state that there should be an end to the litigation)
(c) Res judicata pro veritateocipitur (a judicial
decisionmust be accepted as correct)
(d) All of the above

67. The rule of res judicata is based on the principle

that:-
(a) there should be an end to litigation
(b) no one should be troubled twice for the samecause
of action
(c) Both (a) and (b)
(d) Neither (c) nor (d)
68. Principle of res judicata applies to.
(a) Suits only
(b) Execution proceeding only
(c) Arbitration proceedings only
(d) Suits as well as execution proceedings
69. Principle of res-judicata is
(a) directory
(b) mandatory
(c) None of the above
(d) discretionary
 70. Res Judicata does not operate
(a) between co-defendants
(b) between co-plaintiffs
(c) against a pro forma defendant
(d) none of these
71. 'Res judicata’ does not apply
(a) between co-plaintiffs
(b) between co-defendants
(c) public interest litigation
(d) writ of habeas corpus
72. Which provision of the Code deals with the concept
of 'constructive res judicata ?
(a) Section 10
(b) Section 11
(c) Section 12
(d) Section 13
73. Choose the true statement about propositions:
Propositions:
(I) Section 11 Explanation IV provides provisions for Constructive
Res Judicata
(II) Any matter which might and ought to have been made ground
of defence or attack in former suit shall not constitute res
judicata
(III) Any relief claimed in the plaint, which is not expressly
granted by the decree, shall be deemed to have been refused
Asseztations:
(a) I and II are correct, III is incorrect
(b) II and III are incorrect, I is correct
(c) I and III are correct, II is incorrect
 (d) All are correct
74. A decision or finding given by court without
jurisdiction-
(a) Can operate as resjudicata under all
circumstances
(b) cannot operate as resjudicata
(c) can operate as resjudicata under certain
circumstances only.
(d) may operate as resjudicata or may not operate as resjudicata.
75. A suit is dismissed wrongly on the ground of be- ing barred
by limitation. Yhe order of dismissal would operate as res judicata
and bar a subsequent suit on the same cause of action.
(a) The above statement is true.
(b) The above statement is false.
(c) It would depend upon the facts and
circumstances of each case.
(d) None of these
76. A decision in a suit may operate as res judicata against
persons not expressly named as parties to the suit by virtue of
explanation
(a) III to Section 11 of CPC
(b) V to Section 11 of CPC
(c) VI to Section 11 of CPC
(d) IV to Section 11 of CPC
77. Section 11 of the Code of Civil Procedure
contains:
(a) Five Explanations
(b) Six Explanations
(c) Seven Explanations
(d) Eight Explanations
 78. ’A’ sues for possession of Math property as an heir of Mahant.
The suit is dismissed on his failure to produce the succession
certificate. 'A’ files subsequent suit as manager of the Math. Is the
suit barred?
(a) The second suit will be barred by res judicata
(b) The second suit will not be barred by res judicata
(c) The second suit is barred by res sub judice
(d) None of the above
79 The principal of Res Judicata can be invoked
(a) Only in separate proceeding
(b) Also in subsequent stage of the same proceeding
(c) Depends upon some things
(d) None of the above

80. Rule of ’constructive res judicata’ is contained in

which explanation to Section 11 of the C.P.C.
(a) Explanation II
(b) Explanation III
(c) Explanation IV
(d) Explanation V
81. A files a suit for declaration that he is entitled to Acertain land
as the heir of C. The suit is dismissed. Subsequently suit is claimed
on the basis ofadverse possession; subsequent suit is barred onthe
ground

(a) constructive res judicata.

(b) actual res judicata
(c) either (a) or (b)
(d) None of the above
 82. The expression former suit’ in the context of rule of res judicata
means a suit which has been
(a) instituted prior to the suit in question.
(b) decided prior to the suit in question.
(c) Both (a) and (b)
(d) Neither (a) nor (b)
83. After the trial of the suit the Couzt found that the suit was
barred by the principle of res judicata and did not discuss and
answer the other issues.
(a) legal
(b) justified
(c) illegal
(d) proper
84. The provisions of Res judicata are also implemented in the
case of the execution of decree:-
(a) the statement is correct
(b) the statement is wrong or incorrect
(c) the provisions of Res judicata are implemented in
the suits only
(d) the provisions are not implemented on pointing out by the
judgement debtor
85. A suit for specific performance of contract is dismissed.
Whether subsequent suit for compensation for breach of contract
ismaintainable?
(a) Yes, with permission of court, in the next suit.
(b) No
(c) Yes, if superior court directs,
(d) None of the above

85. In which of the following cases res-judicata is notapplicable

(a) consent/compromise decree
(b) dismissal in default
(c) both (a) & (b)
(d) none of the above
86. A decree shall not operate as res judicata when
(a) Judgment is passed by a Court which does not have subject
jurisdiction.
(b) Judgment is obtained by fraud.
(c) If collusion is proved between parties.
(d) All these
87. The principle of Private International Law is
incorporated in
(a) Sections 13 and 14 of the Code of Civil Procedure
(b) Sections 15 and 16 of the Code of Civil Procedure
(c) Sections 17 and 18 of the Code of Civil Procedure
(d) Sections 19 and 20 of the Code of Civil Procedure
88. Under Section 13 of CPC which of the following judgments
shall not be conclusive?
(a) Judgment not on merit.
(b) Judgment founded on breach of Indian law.
(c) Judgment against International law.
(d) All of the above
89. Which Section of the CPC declares that the court shall presume,
upon the production of any document purporting to be a certified
copy of a foreign judgment, that such judgment was pronounced
by a court of competent jurisdiction, unless the contrary appears
on the record, or is proved?
(a) Section 13
(b) Section 14
(c) Section 19
(d) Section 20
 90. Section 14 of CPC enacts that the Court shall presume, upon
the production of a certified copy of a foreign judgment, that such
judgment was pronounced by a Couzt of competent jurisdiction.
This presumption is
(a) rebuttabIe presumption of fact
(b) irrebuttable presumption of fact
(c) rebuttable presumption of law
(d) irrebuttable presumption of law
91. Under section IS of CPC, every suit shall be instituted in
(a) the district court
(b) the court of the lowest grade
(c) the court of higher grade
(d) all the above.
92. Section 15 of CPC lays down
(a) a rule of procedure
(b) a rule of jurisdiction
(c) a rule of evidence
(d) all the above.
93. Under section 16 of CPC, a suit relating to immoveable
property can be filed in a couzt within whose local jurisdiction
(a) the property is situate
(b) the defendant voluntarily resides personally works for
gainor
(c) thedefendnt voluntarily carries on business resides or
(d) 6 either (a) or (b) or (c).
94. Place of suing is mentioned in which part of Civil Procedure
Code?
(a) Part i
(b) Part II
;c) Part iil
(d) Part IV
95. Suit relating to immovable property can be filed under Section
16 of Civil Procedure Code in such a court within whose local
jurisdiction:-
(a) the defendant resides
(b) the defendant carries on business
(c) the property is situated
(d) the plaintiff resides or carries on business
96. A suit for compensation for wrong done to the person or to
movable property, where the wrong was done within the local
jurisdiction of one court and the defendant resides within the
local limits of another court-
(a) can be instituted in the couzt within whose local jurisdiction
the wrong has been committed
(b) can be instituted in the couzt within whose local jurisdiction
the defendant resides
(c) either (a) or (b) at the option of the plaintiff
(d) can be instituted anywhere in India
97. Which of the following statements is true?
(a) A suit for recovery of immovable property shall be instituted in
the court in whose jurisdiction the property is situated.
(b) A suit for partition of immovable property shall be instituted in
the couzt in whose jurisdiction the defendant resides or works for
gain.
(c) Both (a) and (b)
(d) Neither (a) nor (b)
98. Suit for partition of immovable property shall be
instituted in the Court where:
(a) Plaintiff resides
(b) Plaintiff carries on his profession
(c) Subject matter is situated
(d) With the permission of the District Judge, in any Court
99. Place of institution of suit in respect of immovable property,
situated within the jurisdiction of different courts, has been
provided
(a) under Section 17 of CPC
(b) under Section 18 of CPC
(c) under Section 19 of CPC
(d) under Section 20 of CPC
100. Section 18 of the Civil Procedure Code provides

(a) Place of institution of suit in respect of immovable

property where the property is situated in the jurisdiction of
one court
(b) Place of institution of suit in respect of immovable
property where the property is situated in the jurisdiction of
different courts
(c) Place of institution of suits in respect of immovable
property where the local limits of jurisdiction of courts
are uncertain
(d) All the above
101. An immovable property held by Y is situated at Bhopal and
the wrongdoer personally works for gain at Indore A suit to obtain
compensation for wrong to the property may be instituted:
(a) At Bhopal
(b) At Indore
(c) Either at Bhopal or at Indore
(d) None of these
 102. A suit shall be instituted in a Couzt within the local limits
of whose jurisdiction:
(a) The plaintiff resides
(b) The Stamp Paper for entering into the contract was
purchased
(c) Where no cause of action in pazt or full arose
(d) Where the cause of action wholly or in part arose
103. Which of the provision of the Code of Civil Procedure,
1908 provides that the objection regarding territorial or
pecuniary jurisdiction has to be raised at the first available
opportunity?
(a) Section 10
(b) Section 11
(c) Section 20
(d) Section 21
104. Objection as to place of suing shall be allowed in the couzt
of first instance is the essence of:
(a) Section 21A of C.P.C.
(b) Section 20 of C.P.C.
(c) Section 22 of C.P.C.
(d) Section 21 of C.P.C.
105. Under which provision of the C.P.C, is a suit to set aside a
decree on the ground of lack of territorial jurisdiction barred?
(a) Section 21
(b) Section 22
(c) Section 21A
(d) Section 37
106. Under the Code of Civil Procedure, 1908, objection to
jurisdiction as to the place of suing shall not be allowed by any
Appeallate or Revisional
Court. Unless such objection was taken
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(a) Central Government
(b) Supreme Court
(c) High Court
(d) Parliament
112. The provision for the institution of suits is given in which of
the following sections of C.P.C.?
(a) Section 26
(b) Section 30
(c) Section 28
(d) Section 29
113. In every plaint, under Section 26 of CPC, facts should be
proved by
(a) oral evidence
(b) affidavit
(c) document
(d) none of the above
114. A person against whom summons has been issuedmay be
compelled under section 32 of C.P.C. to
(1) Issue of a warrant
(2) Attachment and sale of his property
(3) Imposing a fine
(4) Ordering him to furnish security for his appearance Select the
correct answer with the help of the code given below-
Code:
(a) 1 and 4
(b) 1, 2, 3 and 4
(c) 3 and 4
(d) 2 and 4
115. The couzt may compel the attendance of any person to
whom a summons has been issued under
Section 32 C.P.C. and for the purpose may impose a fine upon him
not exceeding:
(a) Rs. Five hundred
(b) Rs. One thousand
(c) Rs. Three thousand
(d) Rs. Five thousand
116. Under Section 32 of CPC, to compel the attendance of a
person to whom a summon has been issued under Section 30 of
CPC, the Court is empowered to
(a) issue a warrant for his arrest
(b) attach and sell his property
(c) impose a fine not exceeding Rs. 5,000
(d) either (a) or (b) or (c)
117. Provision for interest in CPC has been made
(a) under Section 32
(b) under Section 35A
(c) under Section 34
(d) under Section 35B
118. 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 percent
(c) Six per cent
(d) Twelve per cent

119. Where a decree is silent as regards future interest

 (a) Further interest shall be deemed to have been
refused and a separate suit shall lie for the same
(b) Further interest shall be deemed to have been. refused and a
separate suit shall not lie for the same
(c) Only (a) is correct
(d) None of the above
220.The expression, "Each pazty shall bear his own costs" implies that
(a) both the parties are entitled to cost from each other
(b) both the parties are not to be deprived of costs
(c) both the parties are to be deprived of costs
(d) both the parties are not entitled to cost from each other
121. Under the Code of Civil Procedure, 1908, for the first time
provision for compensatory costs in respect of false or vexatious
claims or defences, has been made under
(a) Section 35 of the Code
(b) Section 35(B) of the Code
(c) Section 35(A) of the Code
(d) Section 34 of the Code
122. Compensatory costs under Section 35A of CPC can be
imposed to the extent of
(a) Rs. 3,000
(b) Rs. 6,000
(c) Rs. 10,000
(d) without any limit
123. Which one of the following order is appealable?
(a) Order Under Section 35
(b) Order Under Section 35A
(c) Order Under Section 35B
 (d) Order Under Section 90
124. In the Code of Civil Procedure, Section 35B is added by the
Amendment Act of 1976 for providing:
(a) compensatory costs
(b) costs for causing delay
(c) general costs
(d) miscellaneous costs
125. Costs imposed under Section 35B of CPC:
(a) shall be included in the costs awarded in the
decree passed in the suits
(b) shall not be included in the costs awarded in the decree
passed in the suit
(c) shall, if not paid, be executable against the person on
whom the costs have been imposed
(d) only (b) and (c)
126. The principles governing execution of decree andorders in
CPC are dealt within:
(a) Section 36 to 74 (substantive law) and Order 21 (procedural
provisions)
(b) Section 36 to 74 (procedural provisions) and
Order21 (substantive)
(c) Section 148A
(d) Section 148 to 1538
127. The expression 'Court which passed a decree' is defined under
which section of Civil ProcedureCode
(a) 2(2)
(b) 2(3)

(d) 38
128. A decree may be executed under Civil Procedure
Code by:
(a) Collector
(b) Sub-Collector
(c) Tehsilder
(d) The Court which passed the decree
129. A decree may be executed by:
(a) District Judge
(b) Commissioner
(c) Court which has passed the decree
(d) Either by the Couzt which has passed the decree or to which
the decree is sent for execution
130. The application is placed before the following court for
the execution of decree:-
(a) before District Couzt
(b) before that Court which has passed the decree
(c) before that court where the defendant is residing temporarily
under local jurisdiction
(d) before that court where the execution property is available
under local jurisdiction
131. 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) & (b)
(d) Neither (a) nor (b)
132. Court not competent to execute the decree:-
(a) Court which has passed the decree.
(b) Court to which it is sent for execution
(c) Both (a) and (b)
(d) Court of collector
133. 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
 134. Where a decree is to be sent to a Court in
anotherstate for execution, it has to be sent by:
(a) The High Court
(b) The District Court
(c) The Couzt which passed the decree
(d) The Court which passed the decree with the consent of
the High Court
135. Which of the following statements is correct? The court
which passed the decree may transfer it to another competent court
if the
(a) judgment debtor carries on business within the
jurisdiction of the latter court.
(b) judgment debtor has no property within the jurisdiction of
the former court sufficient to satisfy such decree but has property
within the jurisdiction of the latter court.
(c) decree directs the sale of immovable property situated
outside the local jurisdiction of the former couzt.
(d) All these.
136. A court to which decree has been transferred for execution
cannot, while executing?
(a) order attachment
(b) execute the decree against the legal
representative of the decreased judgment debtor
(c) send the decree for execution to another court
(d) order execution at the instance of the
transfereeof the decree
137. Words 'competent jurisdiction’ under Section 39
of C.P.C. refers to
(a) Pecuniary jurisdiction of transferee Court
(b) Territorial jurisdiction of the transferee Couzt
 (c) Pecuniary and territorial jurisdiction of the transferee
Court
(d) None of the above
138. Provision relating to 'Precept' is provided in Civil
Procedure Code under
(a) Section 40
(c) Section 4S
(b) Section 44A
(d) Section 46
139. Precept means
(a) command
(b) writ
(c) order
(d) all of the above
140. As per Section 46 of Code of Civil Procedure, 1908 the
'precept' means an order issued by the court which passed
the decree and addressed to
(a) the District Collector to effect partition of
property
(b) another court to arrest the judgment debtor
(c) the other couzt to attach the property of the
judgment debtor, specified in the precept
(d) the revenue court to sell the property attached by
141. 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 judgment debtor, is
called:
(a) precept
(b) garnishee order
(c) interlocutory order
(d) simultaneous execution
142. Precepts are issued under section 46 of CPC for;
(a) Serving summons on persons residing beyond local
jurisdiction
(b) Serving a warrant on the judgment-debtor
(c) Attaching the property of the judgment-debtor
(d) None of the above
143. Which provision deals with determination of question
relating to discharge, satisfaction etc. of the decree?
(a) Section 48 of the Civil Procedure Code
(b) Section 46 of the Civil Procedure Code
(c) Section 47 of the Civil Procedure Code
(d) Section 21 of the Civil Procedure Code
144. Under Section 47 of the Code of Civil Procedure, which
question does not relate to the execution, discharge or satisfaction
of decree?
(a) Whether a decree is executable?
(b) Whether the property is liable to be sold in execution
of the decree?
(c) Whether the decree is fully satisfied?
(d) Whether the decree is fraudulent or collusive?
145. An Executing Couzt cannot determine the questions
relating to which of the following?
(a) Execution of decree
(b) Discharge of decree
(c) Satisfaction of decree
(d) Modification of decree
146. Question that can be determined by the Court executing
the decree is-
(a) Relating to execution alone
(b) Relating to discharge alone
(c) Relating to part-payment alone
(d) Relating to execution, discharge or satisfaction
147. During proceeding for execution of a decree, if a question
arises as to whether any person is or is not the representative of a
party, such question shall be determined by
(a) the court which passed the decree
(b) the court executing the decree
(c) the Appellate Court
(d) a separate suit
148. Where a judgment-debtor dies before the decree has been
fully satisfied:
(a) the same cannot be executed against the legal
representatives
(b) the same can be executed against anyone of the legal
representatives of the judgment debtor in its entirety
(c) the same can be executed against all the legal
representatives
(d) the same can be executed against any number of
the legal representatives as the decree holder wants 149.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
150. In which of the following ways can the Couzt not order
execution of a decree as per Section 51 of the Code?
(a) By delivery of any property specifically decreed
(b) By attachment and sale of property
(c) By serving summons on the pazty
(d) By appointing a receiver
151.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 152 Which
section of Civil Procedure Code prohibits arrest or detention of
women in the execution of decree for money?
(a) Section 55
(b) Section 56
(c) Section 59
(d) Section 60
153 Decree for payment of money passed against a
woman cannot be executed;
(a) by proceeding against her legal representatives, if she dies.
(b) by attachment and sale of her property.
(c) by appointing a receiver.
(d) by her arrest and detention in prison.
154. Under the Code of Civil Procedure, 1908, no women shall be
arrested and detained in civil prison in the matter regarding to the
decree relates to
(a) family disputes
(b) matrimonial disputes
(c) legitimacy of children disputes
(d) payment of money disputes

155. Section 56 of Civil Procedure Code specifically prohibits the

arrest or detention in civil prison, in execution of a decree, of:-
(a) a sick person
(b) a woman
(c) a minor person
(d) all of these
156. On which one of the following grounds under Civil
Procedure Code, 1908 a warrant of arrest against a "judgment
debtor" may be cancelled by the Court?
(a) serious illness
(b) appearance in marriage of his son
(c) to cast vote in general elections
(d) None of the above
157 Under section 58 of CPC, a person detained shall be released from
the detention on the amount mentioned in the warrant of his
detention being paid to,
(a) The officer appointed by the court
(b) The court
(c) The officer in charge of the civil prison
(d) None of the above
158. Where the decree is for the payment of sum of money
exceeding five thousand rupees the period of civil prison?
(a) Shall not exceed three months
(b) Shall not exceed six months
(c) Shall not exceed nine months
(d) Shall not exceed one year
159. According to Section 58 of Code of Civil Procedure no
detention in civil imprisonment can be ordered if the decree is for
a payment of amount:
(a) Not exceeding Rs. SOO
(b) Not exceeding Rs. 1000
(c) Not exceeding Rs. 1,500
(d) Not exceeding Rs. 2,000)
160. Where a judgment-debtor has been committed to the civil
prison, he may be released therefrom:
 (a) By the State Government on the ground of the existence of
any infectious disease
(b) By the committing Couzt or any Court to which that Couzt is
subordinate on ground of serious illness
(c) By the State Government on the ground of the existence of
any contagious disease
(d) All the above
161. A judgment-debtor is arrested in execution of a decree for the
payment of money and the Judgment- debtor pays the amount of the
decree and the costs of the arrest to the officer arresting him,
such officer-
(a) Shall send the judgment-debtor to civil prison
(b) Shall take judgment-debtor to the court
(c) ShalI at once release him
(d) Shall release him after taking security from him
162. Under section 60 of Civil Procedure Code which of the
following properties is not liable toattachment and sale in
execution of a decree?
(a) Negotiable instruments
(b) Houses or other buildings
(c) Government Securities
(d) Any right of personal services
163. Under Civil Procedure Code, 1908, which one of the
properties cannot be attached in execution of
a decree?
(a) Books of Account
(b) Bank Notes
(c) Land
(d) Cheques
164. Which one of the following properties is liable to
attachment and sale in the execution of a decree?
(a) Right to future maintenance
 (b) A promissory note
(c) Books of account
(d) A right of personal service
165. Under C.P.C. which one of the following is liable to attachment
and sale in execution of a decree?
(a) Necessary wearing apparel
(b) Promissory Notes
(c) Tools of artisans
(d) Books of accounts
166. Which of the following properties cannot be attached in
execution of a decree:
(a) Pensions
(b) Promissory notes
(c) House or other building
(d) Hundi
167. Books of account
(a) are liable to attachment and sale in execution of a decree
(b) are not liable to attachment and sale in execution
of a decree
(c) are no evidence in the eye of law
(d) can be the sole evidence to decide a suit 168.Which of the
following properties are liable to attachment and sale in execution
of a decree under Section 60 of the Civil Procedure Code?
(a) Bank Notes, Cheques and Bill of Exchange
(b) Cooking vessels, beds & wearing apparels
(c) Books of accounts
(d) Stipends and gratuity
169.Whether necessary wearing apparel are liable for
attachment in execution of a decree?
(a) Yes
(b) Discretion of couzt
 (c) No
(d) None of the above.
170. In execution of a decree for the maintenance, salary of a
person can be attached to the extent of
(a) one-fouzth
(b) one-third
(c) two-third
(d) one-half
171. Which of the following properties of a judgment
debtor are liable to be attached:
(a) personal ornaments of religious usage of a
woman
(b) tools of artisan and cattle and seed grain
(c) books of accounts
(d) shares in a corporation and government
securities
172. Which of the following property is not liable to be attached
and sold in the execution of a decree;
(a) Money
(b) Hundis
(c) Electricity
(d) None of the above
173. Properties that can be attached are:
(a) Money, Bank Notes, Cheques, Bills of exchange,
Hundis, Promissory notes:
(b) Stipends and gratuities allowed to pensioners of the
Government
(c) Books of account
(d) All of the above
174 Which one of the following properties are liable to attachment
or sale in the execution of a decree under Code of Civil
Procedure?
(a) Mere right to sue for damages
 (b) A promissory note
(c) Books of account
(d) A right of personal service
175. How much salary of a person can be attached in execution of
a decree for maintenance?
(a) First one thousand rupees and 1/3 of the
remainder
(b) First one thousand rupees and 2/3 of the
remainder
(c) 2/3 of the salary
(d) 1/3 of the salary
176. Which of the following kinds of property is not liable to
attachment and sale in execution of a Decree?
(a) Money
(b) Shares
(c) Land
(d) Personal ornaments
177. Private alienation of property after attachment of
the same is-
(a) Voidable at the option of the decree holder
(b) Voidable at the option of the judgement debtor
(c) Void ab initio
(d) Void as against all claims enforceable under the attachment
178. Where immovable propety is sold in execution of a decree
and such sale has become absolute, the property shall be deemed
to have vested in the purchaser from the time:
(a) when the sale becomes absolute
(b) when the property is sold
(c) when the purchaser acquires possession
 (d) depends on the court
179. Which of the following person may not file an application
for execution under Civil Procedure Code, 1908 namely
(a) A decree holder
(b) Legal representative, if the decree holder is dead
(c) A person claiming under decree holder
(d) Judgment debtor
180. A money decree may be executed by
(a) attachment and sale of any property of the
judgment debtor.
(b) arrest and detention in prison of the judgment debtor for
indefinite period.
(c).Both (a) and (b)
(d) Neither (a) nor (b)

181. Where decree is for the partition of an undivided estate

assessed to the payment of revenue to the government, the
partition of the estate, in accordance with the law for the time
being in force, shall be made by-
(a) The NaibTahsildar
(b) The Nazir
(c) The Collector
(d) The Commissioner appointed by the court
182.Section 75 of C.P.C. deals with
(a) Power to issue summons
(b) Power to issue commission
(c) Right to appeal
(d) Res judicata
183.A civil court cannot issue commission in the following case- 2.
(a) for examining a person
(b) For examining accounts
(c) to execute partition
(d) To execute a decree
184. Court may not issue a commission:
(a) to examine any person
(b) to examine accounts
(c) to perform any ministerial act
(d) to arrest a person
185. Under Civil Procedure Code, a Court may not issue a
commission-
(a) For elucidating any matter in dispute
(b) For ascertaining the market value of any propety
(c) For assessing the amount of any mesne profit or damages
(d) For framing of issue
186. For which of the following purpose a
commission is not issued?
(a) To make local investigation
(b) To examine a person
(c) To order a party to appear in the Court and answer the
claim
(d) To make a partition
187. 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
188. Under Code of Civil Procedure, 1908 ’Letter of
Request’ may be issued to
(a) examine a witness
(b) to make a local investigation
(c) to make a partition
(d) to conduct sale of property
189. The stipulation that in a suit by the Central Government,
the authority to be named as plaintiff shall be "the Union of India"
has been provided for in Section:
(a) 79
(b) 77
(c) 79A
(d) 82
190. As provided in Section 79 of the Code of Civil Procedure a
suit by the Central Government must be filed in the name of
(a) The President of India
(b) Attorney General of India
(c) Prime Minister of India
(d) Union of India
191. For instituting a suit against the Government or against a
Public Officer in official capacity, the notice period under Section
80 of CPC is
(a) 3 months
(b) 1 month
(c) 2 months
(d) 15 days
192. In a suit, which relates to a railway, the authority to be
named as plaintiff or defendant shall be:
(a) The General Manager of the Railway
(b) A Secretary to the Central Government
(c) The Collector of the district
(d) The Union of India.
 193. Provisions of section 80 of the Civil Procedure
Code are
(a) mandatory
(b) directory
(c) discretionary
(d) none of the above [UJS 2008, 2018, OJS 2016] 194.What
does Section 80 CPC deal with?
(a) Foreign Judgement
(b) Injunction
(c) Requirement of notice for institution of suit against
Government
(d) A ward of cost
195. A notice in writing under Section 80 of the Civil Procedure
Code has to be given to the:-
(a) Secretary to Central Government in case of suit
against that Government
(b) President of India in case of suit against the Central
Government
(c) Secretary of Railways, in case of suit against
Central Government involving railways
(d) (a) and (c) both
196. Where a decree is passed against the Union of India or a
State for the act done in the official capacity of the officer
concerned, under Section 82 C.P.C., execution shall not be issue
on any such decree unless the decree remains unsatisfied for a
period of
(a) 3 months from the date of the decree
(b) 6 months from the date of the decree
(c) 1 year from the date of the decree
(d) 2 years from the date of the decree
197. A person may sue a foreign state.
(a) with the consent of the state government
 (b) only with the consent of the central Government
(c) With the consent of Central or State Goverment
(d) With the consent of the President of India

198. Under which provision of CPC an Ambassador

can be sued?
(a) section 86
(b) section 87
(c) section 88
(d) section 89
199. Which of the following is true
(a) Alien enemies residing in India can never sue
(b) Alien enemies residing in India may sue with the permission of
the Central Government
(c) Alien enemies residing in India may sue with the Permissionof
the State Government in whose jurisdiction they are residing
(d) Alien enemies can sue in any couzt
200. The provision regarding inter-pleader suit has been
incorporated in Section:
(a) 87
(b) 89

(d) 90

201. theProvisions relating to inter-pleaded suit are

(a) order XXXIV
(b) section 88
(c) order XXXV
(D) both (a) and (b).
202 Inter-pleader suit is a suit:
(a) Between two advocates
 (b) Between Union Government Pleader and State
Government Pleaded
(c) Instituted by a person who has no interest in the subject
matter
(d) Instituted by a person who has interest in the subject
matter
203. 'A' deposits a box of jewels with ’B' as his agent, ’C' alleges that
the jewels were wrongfully obtained by ’A' from him and claims
them from’B’. There ’B'
(a) can institute inter-pleader suit againt ’A'.
(b) can institute Inter-pleader suit against ’C’.
(c) can institute Inter-pleaser suit against ’A' and ’C’ both
(d) cannot institute an Inter-pleader suit against ’A’ and ’C’.
204. section 89 of the Code of Civil Procedure,19O8
deals with which of the following?
(a) Appointment of receiver
(b) Interpleader suit
(c) Settlement of disputes outside the court
(d) Cancellation of decree.
205. Provision for settlement of dispute outside court has been
provided under Section ............. of Civil Procedure Code.
(a) 91
(b) 51
(c) 89
(d) 1S1
206. Section 89 of the CPC was inserted in
(a) 1993
(b) 1998
(c) 1999
(d) 2009
207. The Court under Section 89(1) of the CPC can refer the
dispute for
(a) Mediation or LokAdalat
(b) Arbitration or conciliation
(c) Conciliation or mediation
(d) All of the above
208. Which one of the following modes of settlement of disputes
outside the Couzt has not been provided in Section 89 of CPC?
(a) Arbitration
(b) Conciliation
(c) Mediation
(d) Negotiation
209. Section 89 of the Code of Civil Procedure, 1908 provides that
the court shall attempt settlement of disputes: 6.
(a) In all cases
(b) In cases where both parties specifically plead for settlement
(c) In case where at least one of the parties pleads for settlement
(d) In cases where the Court is satisfied that there is a possibility of
arriving at a settlement that may be acceptable to both parties.
210. Where it appears to the court that there exist element of a
settlement the court shall
(a) decide the matter itself
(b) refer the same for arbitration, conciliation or mediation
(c) leave the matter undecided
(d) none of the above
211. The provisions regarding ’friendly suits’ are in:
 (a) Section 90, Order 36 of the Code of Civil
Procedure
(b) Section 88, Order 35 of the Code of Civil Procedure
(c) Order 34 of the Code of Civil Procedure
(d) Order 33 of the Code of Civil Procedure 212.Suits for
declaration & injunction in respect of public nuisances under
Section 91 of CPC can be instituted by
(a) an individual without the leave of the Court
(b) an individual with the leave of the Court
(c) two or more persons without the leave of the
Court
(d) two or more persons with the leave of the Couzt
213. Who can file a suit under Section 91 of Civil Procedure
Code for public nuisance?
(a) Advocate General
(b) Any citizen
(c) District Magistrate
(d) Any 10 or more citizens
214. In the case of a public nuisance a suit under Section 91 of
the Code of Civil Procedure for a declaration and injunction
may be instituted by
(a) A person aggrieved

(b) A person to whom special damage has been caused by

reason of such public nuisance
(c) With the leave of the court of two or more persons, even
though no special damage has been caused to such persons
(d) Two or more persons to whom special damage
has been caused by reason of such public nuisance
215. Where a person commits a public nuisance-
 (a) He is liable to criminal prosecution under I.P.C.
(b) Suit may be filed against him under section 91 of Civil
Procedure Code
(c) Suit for damages may be filed against him
(d) All the above
216. A suit alleging 'public nuisance' can be instituted
by:
(a) Advocate General of the State.
(b) By two or more persons, who have suffered the damage.
(c) By two or more persons, with the leave of the Court, even
though no special damage has been caused to them.
(d) A member of the local body.
Which of the following combination is correct?
(a) (A) & (B)
(c) (B) & (D)
(b) (A) & (C)
(d) (C) & (D)
217. Who amongst the following may sue for public nuisance
and other wrongful acts affecting the public?
(a) The Advocate General only
(b) With the leave of the court by two or more per- sons only
(c) Anybody who is affected by it.
(d) (a) and (b) both
218. 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 105 of CPC
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229.Essential condition provided under section 100(1) of
C.P.C. for preferring second appeal is
(a) Substantial question of fact
(b) Substantial question of law
(c) Error regarding jurisdiction
(d) Subject matter of public importance
230. Under the provisions of Code of Civil Procedure, no second
appeal lies in a suit for recovery of money not exceeding
(a) Rs. 25,000
(b) Rs. 1,00,000
(c) Rs. 50,000
(d) Rs. 2,00,000
231. If the appeal is heard by a single judge bench of a High Court,
where does further appeal lie
(a) Only to the S.C.
(b) No further appeal
(c) By division bench of H.C.
(d) None of these
232. Under section 1OOA of the CPC, where any appeal from an
original or appellate decree or order is heard and decided by a
single judge of a High Court:
(a) No further appeal shall lie from the judgement
and decree of such single judge
(b) Further appeal shall lie under the Letters Patent
for the High Court
(c) Further appeal shall lie with the leave of the Supreme
Court
237. Which of the following is not correct regarding powers of appellate
court?
(a) Have power to remand the case
(b) Have power to take additional evidence
(c) Not have power to take additional evidence
(d) Have power to frame issue and refer them for trial 238.An appeal
shall not lie from which of the follow- ing order under the Code of
Civil Procedure?
(a) Section 35 A
(b) Section 35 B
(c) Section 91
(d) section 96
239. Which one of the following combination is mis- matched under Civil
Procedure Code?
(a) Temporary injunction -Order 39
(b) Right to Lodge a Caveat -Section 148A
(c) Suit by Pauper -Order 33
(d) Powers of Appellate Court - Section 102
240.’Reference’ under the Code of Civil Procedure may be made
to:
(a) the Supreme Court
(b) the High Couzt
(c) the District Judge
(d) none of the above
241. Who may apply for reference under Section 113 of the Code of
Civil Procedure 1908
(a) A party to suit
(b) court
(c) Both (a) and (b)
(d) None of the above
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(d) to the Court that made the order or passed the
decree
247. A petition for review of judgement would lie only
when
(a) The person paztly obeyed the judgement
(b) Deposits entire decretal amount
(c) An appeal is allowed by CPC but no appeal has been
preferred
(d) Leave of the Court is obtained for filing review
248. Aggrieved person may not apply for a review of an order or
judgement of a Civil Court, on one of the following grounds:
(a) A decree or order from which an appeal is allowed but from
which no appeal has been preferred
(b) A decree or order is passed in the absence of aggrieved
person
(c) A decree or order from which no appeal is
allowed
(d) A decision on a reference from a court of small
cause court
249. Under which of the following circumstances, review of
judgment may not lie?
(a) By a decree or order from which an appeal is
allowed
by this code, but from which no appeal has been preferred
(b) By a decree or order from which no appeal is
allowed by this code
(c) By a decision on a reference from a court a small causes
(d) Appeal dismissed
250. A judgment can be reviewed on the ground of
 (a) discovery of new & important evidence, not within the
knowledge of the pazty concerned
(b) mistake or error of fact or law on the face of the
record
(c) both (a) & (b)
(d) none of the above
251. Under Section 115 of CPC, the High Court has
the power of:
(a) Revision
(b) Review
(c) Reference
(d) Vary or reverse any order whatsoever
252. Which section of the Code of Civil Procedure, 1908 is
clearly in the nature of a power to issue a writ of certiorari?
(a) Section 11
(b) Section 115
(c) Section 105
(d) Section 122
253. Under Section 115 of the Code of Civil Procedure
(a) non-exercise of jurisdiction vested in a couzt
(b) irregular exercise of jurisdiction vested in the court
(c) exercise of jurisdiction not vested in a court
(d) all of the above
254. The nature of Revision under Code of Civil Procedure
is that
(a) it operates as a stay of the proceeding
(b) it operates as a stay of proceedings and suit both.
(c) it operates as a stay of suit.
(d) it shall not operate as a stay of the suit or proceedings
except where such suit or proceedings is stayed by the High
Court.
255. Once revision is made before the court under the Code of
Civil Procedure, 1908, it
(a) acts as a stay on the proceedings
(b) acts as a res-judicata on the issues
(c) acts as an injunction for immediate relief
(d) shall not operate as a stay of suit or other proceeding before
the court except where such suit or proceeding is stayed by the
court