Civil Procedure Code, 1908 (MCQs)

1. An aggrieved party may not file an appeal where appeal is allowed but not may

a)Apply for revision

b)Apply for review

c)Both (a) and (b)

d) None of the above

 

2. Local commission to make local investigation can be issued under

a) O. XXIV, R.9

b) O.XXVI, R.9

c) O.XXV, R.9

d) O.XXVI R.16

 

3. “Indigent Person” means a person

a) Who does not possess sufficient means to enable him to pay the fee prescribed by law for the plaint in suit

b) The person who does not possess property worth 1000/- rupees in case where there is no prescribed fee

c) Both (a) and (b)

d) Only (a)

 

4. In every suit of interpleader the plaint shall in addition to other statement necessary for plaint state

a) That the plaintiff claims no interest in the subject matter in dispute other than for charges, or costs, the claims made by the defendants severally

b) That there is no collusion between the plaintiff and any of the defendant

c) Both (a) and (b)

d) Only (b)

 

5. O.XXXIX, of CPC deals with

a) Passing of temporary injunction

b) Passing of interlocutory orders

c) Both (a) and (b)

d) Only (a)

 

6. Where the Court rejects application of defendant for grant of leave to defend then the Court

a) Shall pronounce the judgment forthwith

b) Shall reject the suit

c) Shall conduct further proceedings

d) Proceed like any other ordinary suit

 

7. For grant of temporary injunction which of the following is required

a) Prima facie case

b) Balance of convenience

c) Irreparable loss

d) All of the above 

 

8. Under O. XL, Rule 1(a), Courts appoint receiver of any property

a) Before a decree

b) After a decree

c) Both (a) and (b)

d) None of the above

 

9. Order XLI, Rule 25 of CPC empowers Appellate Court to

a) Frame issues or refer them to Trial Court

b) To dismiss appeal

c) To remand case to Trial Court

d) None of the above

 

10. Order XLI the appellate Court is empowered to Remand the case under 

a) Rule 9 of CPC

b) Rule 10 of CPC

c) Rule 11 of CPC

d) Rule 23 of CPC

 

11.Order XLI, Rule 27 of CPC the Appellate Court is empowered to

a)  take additional evidence

b) dismiss the plea for taking additional evidence in appropriate cases

c) None of the above

d) Both (a) and (b)

 

12. An order of returning plaint under O. 7, Rule 10, of C.P.C is

a) Not appealable

b) Appealable as provided in O. XLIII, Rule 1

c) Revision can be filed against it

d) Reference may be filed  against it

 

13. Reference may be entertained by High Court 

a) When the trial Court entertains doubt in question of law

b) When the trial Court entertains doubt in question of usage

c) When there is a question of constitutional validity of any Act, Ordinance or Regulation

d) All of the above

 

14.FAO is

a) First appeal against Order

b) First appeal against decree

c) filed under Order XLIII 

d) both (a) and (c)

 

15. Which of the following deals with the right to challenge non-appealable orders in appeal against decrees in the Code of Civil Procedure?

a) Order 43, Rule 1A

b) Order 31, Rule 9

c) Order 22, Rule 18

d) Order 9, Rule 10

 

16. In order for that a decision in a former suit may operate as res judicata, the court which may decide that suit must have been?

a) A civil court of competent jurisdiction

b) A court of exclusive jurisdiction

c) A court of concurrent jurisdiction ‘competent to try the subsequent suit’

d) A court of limited jurisdiction competent to try the issue raised in the subsequent suit

  1. Either a) or c)
  2. Either d) or a)
  3. Either c) or d)
  4. All of these

 

17. Which one of the following is not the power of the commission-?

a) Call for and examine documents and other things relevant to the subject of inquiry;

b) At any reasonable time enter upon or into any land or building mentioned in the order.

c) Examine the parties themselves and any witness whom they or any of them may produce, and any other person whom the Commissioner thinks proper to call upon to give evidence in, the matter referred to him;

d) To impose penalties if the witnesses obstruct examination

 

18. Under which provision a commission can be appointed for performance of ministerial act?

a) O. XXVI R 10

b) O. XXVI R 10A

c) O. XXVI R 10B

d)O. XXVI R 10C

 

19. On what grounds pleading cannot be strike down-

a) Which may be unnecessary, scandalous, frivolous or vexatious, or

b) Which may tend to prejudice, embarrass or delay the fair trial of the suit, or

c) Which is otherwise an abuse of the process of the court

 

20. An order under O. 33, r 11 directing the pauper plaintiff to pay the Court-fees can only be made in which of the following cases?

a)Where the plaintiff fails in the suit

b)Where the plaintiff is dis-paupered under R 9

c)Where the suit is withdrawn

d)Where the suit is dismissed under the circumstances specified in cl. (a) or cl. (b)

  1. a), b), c)
  2. b), d)
  3. c), d)
  4. All of these

 

21. The word ‘resides’ used in s. 19 of the Code of Civil Procedure means:

a) Natural persons

b) Companies

c) Tort

d) None of these

 

22. An ex-parte decree can be set aside on the following grounds-

a) Summons were duly served 

b) He was prevented by a common casual cause from appearing

  1. He wanted to go for movie
  2. He was suffering from severe chronic ailment, which prevented him from making any movements

 

  1. Bar to further suit is dealt under which of the following in the Code of Civil Procedure?
  1. Section 11
  2. Section 16
  3. Section 13
  4. Section 12

 

  1. Which of the following deals with the transfer of decree in the Code of Civil Procedure?
  1. Section 41
  2. Section 36
  3. Section 39
  4. Section 52

 

  1. No order under section 47 to be refused or modified unless decision of the case is prejudicially affected under which of the following in the Code of Civil Procedure?
  1. Section 90A
  2. Section 95A
  3. Section 99A
  4. Section 101B

 

  1. M sues F for possession of property as an owner stating himself to be holding title. The suit is dismissed. A subsequently files a suit for possession as a mortgager
  1. The subsequent suit is barred
  2. The subsequent suit is not barred
  3. The second court lacks jurisdiction
  4. The subsequent court is competent to entertain the suit, therefore it’s not barred.

 

  1. By exercising the inherent powers, the court can make amendments in judgments, decrees and orders, where the mistake is
  1. Intentional slip
  2. Amounts to refusal
  3. Arithmetic mistakes
  4. None of the above

 

  1. Which of the following deals with the procedure when party fails to present written statement called for by Court in the Code of Civil Procedure?
  1. Order 5, Rule 30
  2. Order 8, Rule 10
  3. Order 6, Rule 10
  4. Order 10, Rule 22

 

  1. The words ‘any court exercising original jurisdiction’ under s. 96 of the Code of Civil Procedure has to be read to mean that:
  1. If the original jurisdiction has been exercised by any court, the decree passed shall be deemed to be a decree by against the court exercising original jurisdiction
  2. If the original jurisdiction has been exercised by any court, the decree passed shall be deemed to be void by a court exercising original jurisdiction
  3. If the original jurisdiction has been exercised by any court, the decree passed shall be deemed to be a decree by a court exercising original jurisdiction
  4. None of these

 

  1. 16 . P,Q,R,S and T are jointly and severally liable for Rs. 1,000 under a decree obtained by U. Q obtains a decree for Rs. 100 against U singly and applies for execution to the Court in which the joint decree is being executed.
  1. F may treat his joint-decree as a cross-decree O. 21 r. 18
  2. F cannot treat his joint-decree as a cross-decree O. 21 r. 18
  3. Either (A) or (B)
  4. None of these

 

  1. Which of the following deals with simultaneous issue of summons for service by post in addition to personal service in the Code of Civil Procedure?
  1. Order 7, Rule 14
  2. Order 9, Rule 12
  3. Order 6, Rule 10
  4. Order 5, Rule 19A

 

  1. No decree to be set aside without notice to opposite party under which of the in the Code of Civil Procedure?
  1. Order 5, Rule 30
  2. Order 4, Rule 13
  3. Order 6, Rule 10
  4. Order 9, Rule 14

 

  1. Which of the following instances of order are decrees?
  1. An order rejecting an application for leave to sue in forma pauperis for no suit has till then been filed
  2. An order refusing leave to institute for accounts of religious endowment
  3. An order under the Indian Trusts Act, 1882 dismissing an application for the removal of trustee
  4. An order on a settlement case under s. 104 (2) of the Bengal Tenancy Act 3 of 1898 as the proceeding is instituted not by a plaint but by an application
  5. An order made on an application to the District Court under s. 84 (2) of the Madras Religious Endowments Act 2 of 1927
  1. I, III
  2. II, V
  3. II, IV, V
  4. All of these

 

  1. Which of the following instances are final orders?
  1. An order of a High Court dismissing an appeal for the appellant’s failure to furnish order
  2. An order that an appeal had abated
  3. An order in a revision reversing the dismissal of a suit and restoring it to the file of the lower court when such an order had the effect of reinstating a primary decree
  4. An order refusing an application under s. 45 of the Specific Relief Act 1 of 1877
  5. An order passed by a High Court in insolvency proceedings
  1. II, III
  2. I, IV
  3. I, V, VI
  4. All of these

 

  1. Decree-holder is:
  1. Any person in whose favour a decree has been passed
  2. An order capable of execution has been made
  3. Either (A) or (B)
  4. None of these

 

  1. Constructive res-judicata is contained in:
  1. explanation III to section 11
  2. explanation IV to section 11
  3. explanation VI to section 11
  4. D  explanation VII to section 11.

 

  1. A decision on an issue of law operates as res-judicata:
  1. if the cause of action in the subsequent suit is the same as in the former suit, only when the decision on the point of law is correct
  2. if the cause of action in the subsequent suit is the same as in the former suit, even though the decision on the point of law is erroneous
  3. if the cause of action in the subsequent suit is different from that in the former suit, even though the decision on the point of law is correct
  4. all the above.

 

  1. A decision in a suit may operate as res-judicata against persons not expressly named as parties to the suit by virtue of explanation:
  1. II to section 11 of CPC
  2. IV to section 11 of CPC
  3. VI to section 11 of CPC
  4. VIII to section 11 of CPC.

 

  1. Res-judicata does not operate:
  1. between co-defendants
  2. between co-plaintiffs
  3. against a per-forma defendant
  4. none of the above.

 

  1. With respect to the principle of res-judicata which of the following is not correct:
  1. ex-parte decree will operate as res-judicata
  2. writ petition dismissed on merits operates as res-judicata
  3. writ petition dismissed in limine operates as res-judicata
  4. both (a) & (c).

 

  1. In a suit, where the doctrine of res-judicata applies, the suit is liable to be:
  1. stayed
  2. dismissed
  3. may be stayed & may be dismissed
  4. both (a) & (c).

 

  1. On production of a certified copy of the foreign judgment, the presumption as to the competency of the court, under section 14 of CPC is a:
  1. presumption of fact
  2. presumption of fact & law both
  3. rebuttable presumption of law
  4. irrebuttable presumption of law.

 

  1. Validity of a foreign judgment can be challenged under section 13 of CPC:
  1. in a civil court only
  2. in a criminal court only
  3. in both civil and criminal court
  4. neither in civil nor in criminal court.

 

  1. Under section 13 of CPC, a foreign judgment can be challenged on the grounds of:
  1. competency of the court pronouncing the judgment
  2. being obtained by fraud
  3. sustaining a claim founded on a breach of law in force in India
  4. all the above.

 

  1. Under section 15 of CPC, every suit shall be instituted in:
  1. the district court
  2. the court of the lowest grade
  3. the court of higher grade
  4. all the above.

 

  1. Under section 16 of CPC, a suit relating to immoveable property can be filed in a court within whose local jurisdiction:
  1. the property is situate
  2. the defendant voluntarily resides or personally works for gain
  3. the defendant voluntarily resides or carries on business
  4. either (a) or (b) or (c).

 

  1. Place of institution of suit in respect of immoveable property, situated within the jurisdiction of different courts, has been provided:
  1. under section 17 of CPC
  2. under section 18 of CPC
  3. under section 19 of CPC
  4. under section 20 of CPC.

 

  1. Section 18 of CPC provides for:
  1. place of institution of suit in respect of immoveable property where the property is situate in the jurisdiction of one court
  2. place of institution of suit in respect of immoveable property where the property is situate in the jurisdiction of different court
  3. place of institution of suit in respect of immoveable property where the local limits of jurisdiction of courts are uncertain
  4. all the above.

 

  1. Place of suing in respect of suits for compensation for wrongs to persons or moveable property has been dealt with:
  1. under section 18 of CPC
  2. under section 19 of CPC
  3. under section 20 of CPC
  4. under section 21 of CPC.

 

  1. ‘Pooja’ residing in Bangalore, publishes statements defamatory to ‘Geeta’ in Bihar. ‘Geeta’ can sue ‘Pooja’ at:
  1. Bangalore
  2. Bihar
  3. anywhere in India
  4. either in Bangalore or in Bihar.

 

  1. Suits under section 20 of CPC can be instituted where the cause of action arises:
  1. wholly
  2. partly
  3. either wholly or in part
  4. only (a) and not (b) or (c).

 

  1. Objection as to the place of suing:
  1. can only be taken before the court of first instance at the earliest possible opportunity
  2. can be taken before the appellate court for the first time
  3. can be taken before the court of revision for the first time
  4. all the above.

 

  1. A suit to set aside a decree on the ground of lack of territorial jurisdiction is barred:
  1. under section 21 of CPC
  2. under section 21A of CPC
  3. under section 22 of CPC
  4. under section 23 of CPC.

 

  1. Parties by their consent/agreement:
  1. can confer jurisdiction on a court, where there is none in law
  2. can oust the jurisdiction of the court where there is one in law
  3. can oust the jurisdiction of one of the courts when there are two courts simultaneously having jurisdiction in law
  4. all the above.

 

  1.  Section 20 of CPC does not apply to:
  1. arbitration proceedings
  2. civil proceedings
  3. both (a) & (b)
  4. neither (a) nor (b).

 

  1. Which of the following is not a suit of civil nature
  1. Whose cognizance is not expressly barred
  2. Whose cognizance is not explicitly or impliedly barred
  3. Suit having political question
  4. Suit determining religious rites under an office

 

  1. In case of a cause of action arising at a place where a corporation has a subordinate office, the corporation is deemed to carry on business:
  1. its principal office in India
  2. its subordinate office where the cause of action did arise
  3. both (a) & (b)
  4. either (a) or (b).

 

  1. Under section 39(4) of CPC, the court passing the decree is:
  1. authorised to execute such decree against any person outside local limits of its jurisdiction
  2. authorised to execute such decree against any property outside the local limits of its jurisdiction
  3. either (a) or (b)
  4. neither (a) or (b).

 

  1. The court can award compensation against plaintiff under section 95 of CPC, not exceeding:
  1. Rs.10,000 or the limits of its pecuniary jurisdiction whichever is less
  2. Rs.10,000 or the limits of its pecuniary jurisdiction whichever is more
  3. Rs.50,000 and this amount not to exceed the limits of its pecuniary jurisdiction
  4. Rs.50,000 and this amount to exceed the limits of its pecuniary jurisdiction whichever is more.

 

  1. Under section 100A 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:
  1. no further appeal shall lie from the judgment and decree of such single judge
  2. further appeal shall lie under the Letters Patent for the High Court
  3. further appeal shall lie with the leave of the Supreme Court
  4. further appeal shall lie before the Division Bench of the High Court.

 

  1. Second appeal shall not lie from any decree, as provided under section 102 of CPC when the subject matter of the original suit is for recovery of money not exceeding:
  1. Rs.10,000
  2. Rs.25,000
  3. Rs.50,000
  4. Rs.1,00,000.

 

  1. What amongst the following is not the ground of review?
  1. Any person considering himself aggrieved by a decree or order from which an appeal is allowed, but from no appeal has been preferred,
  2. Any person considering himself aggrieved by a decree or order from which no appeal is allowed, or
  3. Any person considering himself aggrieved by rejection of plaint
  4. by a decision on a reference from a Court of Small Causes

 

  1. The High Court may call for the record of an case which has been decided by any Court subordinate to such High Court and in which no appeal lies thereto, and if such subordinate Court appears-
  1. to have exercised a jurisdiction vested in it by law, or
  2. to have failed to exercise a jurisdiction otherwise, or
  3. to have acted in the exercise of its jurisdiction illegally or with material irregularity
  4. none of the above

 

  1. The Court may, in its discretion, from time to time, enlarge such period, even though the period originally fixed or granted may have expired
  1. For 60 days
  2. for 90 days
  3. for 30 days
  4. for 120 days

 

  1. Under which provision caveat can be filed?
  1. Section 148
  2. Section 148A
  3. Section 149
  4. Section 147