Code of Civil Procedure (CPC) solved MCQs

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2 of 4 sets

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

A. plain

B. written statement

C. judgment

D. summons

Discussion
C.judgment

27. The term ‘Resjudicata’ means–

A. stay of proceeding

B. further proceeding

C. a matter already adjudicated

D. none of the above

Discussion
C.a matter already adjudicated

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)

Discussion
C.both (a) and (b) above

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

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

A. decree

B. not a decree

C. judgment

D. none of the above

Discussion
A.decree

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

Discussion
A.appeal

32. Among the following which section put a bar to further suit–

A. section 9

B. section 12

C. section 15

D. section 16

Discussion
B.section 12

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

Discussion
A.be not conclusive
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)

Discussion
A.trial

35. Suits for the recovery of movable property actually under distraint or attachment shallbe 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

Discussion
C.property is situate

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

Discussion
D.salem advocate bar association v. uoi

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

A. section 2

B. section 9

C. section 2(9)

D. not defined

Discussion
D.not defined

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

Discussion
A.substantive rights
39. Once a Preliminary decree is passed in a suit

A. the suit will comes to an end

C. either (a) or (b)

D. none of the above

Discussion

B.the suit will continue

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

A. simultaneous

B. prior to

C. after

D. any of the above

Discussion
B.prior to

41. Mesne profit_______ include profits due to improvements made by the person iswrongful possession of
property______

A. shall not

B. shall

C. may

D. may not

Discussion
A.shall not

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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

Discussion
A.immovable property only

43. The interest on mesne profit shall not exceed______ per annum–

A 10%
 A. 10%

B. 6%

C. 4%

D. 1%

Discussion
B.6%

44. The official request that a Court should not take a particular action without issuingnotice to the applicant party is
called–

A. stay of suit

B. injunction

C. caveat

D. letter of request

Discussion
C.caveat

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

Discussion
D.all of the above

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

Discussion
D.both (a) and (b) above

47. Provision regarding Res subjudice are–

A. mandatory

B. discretionary

C. not mandatory

D. directory

Discussion
A.mandatory

48. Which of the following sections of the Code is intended to prevent two parallelproceedings in respect of same
cause of action–

A. section 13

B. section 11
 C. section 10

D. section 9

Discussion
C.section 10

49. A decree may be executed by

A. court which passed it

B. court to which sent for execution

C. appellate court

D. both (a) and (b) above

Discussion
D.both (a) and (b) above

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

Discussion
A.women

« Set 1 Set 3 »

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