1.

Code of civil procedure contains-

a) 50 orders
b) 51 orders
c) 52 orders
d) 53 orders

2. ‘Decree’ under CPC,1908 has been defined in it’s-

a) Sec 2(1)
b) Sec2(2)
c) Sec2(a)
d) Sec2(b)

3. A decree can be-

a) Preliminary decree
b) Final
c) First preliminary then final
d) Either preliminary or final

4. A decree is preliminary –
a) When it is issued in the preliminary stages of the suit
b) When further proceedings have to be taken before the suit is completely
disposed of
c) When it deals with some preliminary issues
d) None of the above

5. A 'decree' means and includes

a) formal expression of an adjudication which, so far as regards the court expressing
it, conclusively determines the rights of the parties with regard to all or any of the
matters in controversy in the suit.
b) any adjudication from which an appeal lies as an appeal from an order.
c) any order of dismissal of suit for default.
d) rejection of plaint.

Which of the statements given above are correct?

a) (i) and (ii)
b) (ii) and (iii)
c) (i) and (iv)
d) All these

6. Under C.P.C., which of following is not a decree?

a) Dismissal of suit in default
b) Rejection of a plaint
c) Dismissal of suit in default de rejection of a plaint
d) None
7. 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

8. What will be the nature of an order passed by Court rejecting the plaint for non-
payment of a Court fee?
a) Decree
b) Interlocutory Order
c) Preliminary decree
d) Final Order

9. A suit for partition contains which of the following decree?

a) Only preliminary decree
b) Only intermediate decree
c) Final decree
d) Both (a) and (c)

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. Which of the following is a case on the exclusion of Jurisdiction of Civil Courts?
a) Dhulabhai v state of UP
b) Gundaji v Ramchandra
c) Noor Mohd. Khan v Fakirappa
d) All of these

12. 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 the revenue
c) order of Civil Court, Arbitrator, Industrial Court, Cooperative Court etc.
d) final order of Supreme Court

13. A decree holder:

a) Need not be a party to the suit
b) The term is not confined to plaintiff
c) both (a) & (b)
d) Neither (a) nor (b)

14. Under Civil Procedure Code, 1908 "Foreign Court" means

 a) A court situated outside India
b) A court situated outside India and not established under the authority of
Government of India
c) A court situated in India, applying foreign law
d) All of the above

15. Judge' is defined as the presiding officer of a Civil Court under ......... of the Code of
Civil Procedure, 1908
a) Section 2(8)
b) Section 2(5)
c) Section 2(4)
d) (d) Section 2(2)

16. Judgment debtor means?

a) Borrower of a bank.
b) Defendant
c) Person against whom a decree is passed.
d) None of the above.
e)
17. Formal expression of an adjudication which, so far as regards the court expressing it,
conclusively determines rights of the parties, is-
a) Decree
b) Order
c) Judgment
d) Appellate order

18. Legal representative under Section 2(11) of C.P.C. means a person who is a
a) Relative of parties to the suit
b) Co-sharer of the benefits assuming to the parties to the suit
c) Who in law represents the estate of the deceased
d) None of the above

19. Which of the following is not a legal representative under Sec 2(11) of the CPC?
a) Executors and administrators
b) Official assignee or receiver
c) Hindu coparceners
d) Residuary legatees
20. As per CPC, ‘Mesne Profits’ of property are profits received by a person in-
a) Unlawful possession of the property
b) Wrongful possession of the property
c) Lawful possession of the property
d) Effective possession of the property

21. Which of the following is not correctly matched-

a) Section 2(5) Foreign Court
b) Section 2(6) Foreign Court
 c) Section 2(11) Legal representative
d) Section 2(10) Mesne Profit

22. The Civil Procedure (Amendment) Act, 2002 came into force on-
a) 1.07.2002
b) 1.04.2002
c) 4.01.2002
d) 1.06.2002

23. The subject matter jurisdiction of a civil court extends to :

a) All claims of civil nature
b) All claims of a civil nature unless their cognizance is expressly or impliedly
barred
c) All suits of a civil nature which by express provision of a statutory law or by
common law, fall within the jurisdiction of civil courts
d) Only those claims of a civil nature where no other forum, authority or tribunal has
jurisdiction

24. 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

25. Which of the following is not an essential condition for the 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) Both the suits must be between the same parties or their representatives.
c) Such parties must be litigating under the same title in both the suits.
d) The subject matter and the cause of action should be same in both the suits.

26. Principle of res judicata applies to

a) Suits only
b) Execution proceeding only
c) Arbitration proceedings only
d) Suits as well as execution proceedings

27. 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) V to Section 11 of CPC

28. 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

29. Suit relating to immovable property can be filled 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

30. 'A residing in Mumbai publishes statement defamatory against B' in Delhi. Where can
B file a suit for compensation against 'A'?
a) Only at Delhi
b) Only at Mumbai
c) Either in Delhi or Mumbai
d) Where B' himself resides

31. Which of the following is a basis of the jurisdiction of a court?

a) Subject matter
b) Local limits
c) Pecuniary value
d) All of these

32. According to Section 21 of the CPC when can an objection as to the place of the suing
be taken?
a) Any time
b) Can be taken at appellate or revision stage for the first time
c) Before the Court of first instance at the earliest possible opportunity
d) None of the above

33. The general power to transfer suits under section has been granted to:
a) High Court
b) District Court
c) Both (a) and (b)
d) Supreme Court

34. The court 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
35. Which provision of the Code of Civil Procedure provides that one person may sue or
defend on behalf of all in same interest?
a) Order 1, Rule 1
b) Order 1, Rule 2
c) Order 1, Rule 8
d) Order 1, Rule 9

36. A suit may be defeated due to:

a) Non joinder of a proper party
b) Mis-joinder of a necessary party
c) Non joinder of a necessary party
d) Mis-joinder of a proper party

37. Under which provision of the Code of Civil Procedure, the parties can be struck out,
added or substituted?
a) Order 1, Rule 1
b) Order 1, Rule 3
c) Order 1, Rule 10
d) Order 1, Rule 9

38. According to Order 2 Rule 3 of CPC, a plaintiff may unite in the same suit several
against the same defendant.
a) Issues
b) Causes of actions
c) Claims
d) Debts

39. 'A' lets a house to 'B' at a yearly rent of rupees five hundred. The rent for the whole of
the years 1905, 1906 and 1907 is due and unpaid. 'A' sue 'B' in 1908 only for the rent
due for 1906
a) 'A' can afterwards sue 'B' only for the rent due for 1905
b) 'A' can afterwards sue B' only for the rent due for 1907
c) 'A' can afterwards sue B' for the rent due for 1905 and 1907 both
d) 'A' cannot afterwards sue 'B' for the rent due for 1905 or 1907

40. Which of the following deals with service of process on pleader in the Code of Civil
Procedure?
a) Order 3, Rule 5
b) Order 2, Rule 2
c) Order 7, Rule 3
d) Order 4, Rule 8

41. Under Order IV Rule 1, sub rule (1) of CPC, a suit is instituted when:
a) A copy of plaint is presented to the court
b) A plaint in duplicate is presented to the court
c) A plaint in triplicate is presented to the court
 d) The court taken the plaint in consideration

42. Summons of a suit cannot be served by:

a) Service in person on the defendant
b) Sending the summons to the residence of the defendant
c) Through publication in the newspaper
d) Sending the summons to a friend of the defendant

43. Rules as to issue and service of summons in CPC 3. are laid down in:
a) Order 5
b) Order 7
c) Order 8
d) Order 11

44. Dasti summons for service on the defendant can be given to the plaintiff under-
a) Order V Rule 9A, CPC
b) Order V Rule 9, CPC
c) Order V Rule 7, CPC
d) Order VI Rule 6, CPC
45. A defendant under Order V, Rule 1(1) of CPC is required to appear, answer the claim
and to file the written statement-
a) Within 90 days from the date of service of summons
b) Within 60 days from the date of service of summons
c) Within 30 days from the date of service of summons
d) Within 15 days from the date of service of summons
46. Rule of ‘Constructive res judicata’ is contained in which explanation to section 11 of
the CPC-
a) Explanation II
b) Explanation III
c) Explanation IV
d) Explanation V
47. 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
48. Pleading can be altered or amended
a) Under Order VI, Rule 9
b) Under Order VI, Rule 10
c) Under Order VI, Rule 16
d) Under Order VI, Rule 17
49. A plaint can be rejected
a) Under Order VII, Rule 10
b) Under Order VI, Rule 10
c) Under Order VII, Rule 11
 d) Under Order VI, Rule 11

50. A petition dismissed under Article 226 would operate as res judicata so as to bar a
similar petition in the Supreme Court under Article 32 of Constitution was held in the
case of-
a) Arjun Sing v State of MP.
b) Daryao v State of UP
c) Sudhir Singh v State of WB
d) None of the above