Civil Procedure Code Revision Quiz

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Date- 07-12-2023

Civil Procedure Code Revision Quiz 14

1. The plaint shall be rejected in the following ground also:


(a) Where it is not filed in two copies
(b) Where it is not supported with affidavit
(c) Where plaintiff has not affixed his photo
(d) Where plaintiff does not not put his signature
Ans. (a) where it is not filed in two copies

2. Can a document which is not produced with the plqaint and which ought to have been produced by the
plaintiff, be received in the evidence on his behalf?
(a) No
(b) Yes
(c) Only with leave of court
(d) Only before framing of issues
Ans. (c) Only with leave of court

3. Where the plaint has been rejected the plaintiff on the same cause of action
(a) May file new suit
(b) Can’t file new suit
(c) May present with the leave of the High Court
(d) None of the above
Ans. (a) May file new suit

4. Which of the following provision is related with set off under CPC?
(a) Order VIII, Rule 5
(b) Order VIII, Rule 6
(c) OrderVII, Rule 5
(d) Order VII, Rule 6
Ans. (b) Order VIII, Rule 6
5. If the original suit is dismissed,
(a) The counter claim also may be dismissed
(b) The counter claim will be failed
(c) The counter claim may be decided on merits
(d) None of the above
Ans. (c) The counter claim may be decided on merits

6. A final ex parte judgement is not binding on


(a) Legal representatives of a party
(b) All bonafides assignees
(c) Third parties
(d) All of the above
Ans. (c) Third parties

7. The court, at the first hearing of the suit


(a) Can only frame issues
(b) May permit cross examination of either party by the order
(c) To elucidate the matters in controversy in the suit, may examine either of the parties
(d) None of the above

Ans. (c) to elucidate the matters in controversy in the suit, may examine either of the parties

8. As per Order 11,Rule 12 of CPC an applicationfor discovery of documents


(a) May be filed by any party without filing any affidavit
(b) May be filed by any party with an affidavit
(c) Only plaintiff may file the application with affidavit
(d) Only defendant can file the application with affidavit

Ans. (a) May be filed by any party without filing any affidavit

9. Discovery and inspection and administering interrogatories is a procedure under


(a) Common law
(b) Penal law
(c) Code of civil procedure while trying civil suits and proceedings
(d) Service law
Ans. (c) Code of civil procedure while trying civil suits and proceedings

10. Order XII, Rule 8 of CPC pertains to


(a) Notice to admit fact(s)
(b) Notice to admit document(s)
(c) Notice to produce document(s)
(d) Both (a) and (b)
Ans. (c) Notice to produce document(s)

11. The court while framing the issues may consider:


(a) Allegations made in pleadings
(b) Contents of the documents produced by either party
(c) Statements made on oath by the parties before the court
(d) All of the above
Ans. (d) All of the above

12. In normal course course how many adjournment can be granted by trial court on sufficient cause?
(a) 5
(b) 2
(c) 3
(d) No limitation
Ans. (c) 3

13. A garnishee is……………


(a) The judgement debtor
(b) Judgement debtot’s debtor
(c) Judgement debtor’s creditor
(d) None of the above
Ans. (b) Judgement debtor’s creditor

14. Auction purchaser shall pay full of purchase money:


(a) Within 7 days
(b) Within 15 days
(c) Within 21 days
(d) Within 30 days
Ans. (b) within 15 days

15. In a suit against a corporation, the summons may be served on:


(a) Any employee of the corporation
(b) Relative of the director of the corporation
(c) Principal officer of the corporation
(d) None of the above
Ans. (b) Relative of the director of the corporation

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