Code Of Civil Procedure MCQ question and answer

91

Default in filing of written statement has been dealt with

A) Under Order VIII, Rule 8 of Code of Civil Procedure B) Under Order VIII, Rule 9 of Code of Civil Procedure C) Under Order VIII, Rule 10 of Code of Civil Procedure D) Under Order VIII, Rule 7 of Code of Civil Procedure

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Answer & Solution

Answer: Option C

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92

A plaint is liable to be returned, when

A) Plaint is on an insufficiently stamped paper B) Plaint is not filed in duplicate C) Relief is undervalued in the plaint D) Plaint is filed in a court having no jurisdiction

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Answer & Solution

Answer: Option D

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93

Under Order XVI, Rule 1, sub-rule (4) summons may be obtained by the parties within . . . . . . . . of presenting the list of witnesses

A) 5 days B) 7 days C) 9 days D) 10 days

Discuss

Answer & Solution

Answer: Option A

Solution:

In the context of the Code of Civil Procedure, specifically Order XVI, Rule 1, sub-rule (4), it pertains to the issuance of summons to witnesses. When a party wishes to call witnesses to testify in a civil case, they need to provide a list of these witnesses to the court. Sub-rule (4) of Rule 1 in Order XVI deals with the timeline for obtaining summons for these witnesses.

The rule states that parties have a specific period of time within which they can obtain the necessary summons after presenting the list of witnesses. In this case, the correct time frame is 5 days. This means that from the moment a party submits or presents their list of witnesses to the court, they have a maximum of 5 days to request and obtain the summons for those witnesses.

So, to reiterate, the correct answer to the question is indeed Option A: 5 days. It's essential for parties involved in a civil case to be aware of these timelines to ensure that they can properly notify and summon their witnesses for the trial.

94

Substitution of the legal representatives of either party, in case of death, is permissible

A) When the right to sue survives B) When the right to sue does not survive C) When the right to sue may or may not survive D) All the above

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Answer & Solution

Answer: Option A

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95

Examination de bene esse, under Order 18, Rule 16 Code of Civil Procedure means:

A) Examination of a witness before the hearing B) Examination of a witness after the hearing C) The court may at any stage of a suit make local inspection and make a memorandum of any relevant fact D) Witness disabled by any reasons authorizes other person acquainted with facts to depose on his behalf E) None of these

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Answer & Solution

Answer: Option A

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96

Which of the issues under Order XIV, Rule 2 of Code of Civil Procedure can be tried as preliminary issues

A) Issues of fact B) Issues of law C) Issues of fact and law D) Both B and C

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Answer & Solution

Answer: Option B

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97

Ordinarily, the judgment shall be pronounced as provided under Order XX, Rule 1 of Code of Civil Procedure, within

A) 15 to 30 days of hearing B) 5 to 15 days of hearing C) 30 to 60 days of hearing D) 30 to 45 days of hearing

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Answer & Solution

Answer: Option C

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98

In a commercial suit, the time limit of 120 days for filing of written statement

A) Can be extended, if the Defendant shows adequate reasons for non filing B) Can be extended at the discretion of the Court C) Cannot be extended under any circumstances D) Can be extended with imposition of heavy costs

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Answer & Solution

Answer: Option C

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99

Original documents can be returned to the party producing it

A) After the suit is over B) After the disposal of appeal, if preferred C) After the period of limitation for filing the appeal, if no appeal is preferred D) Only B and C are correct

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Answer & Solution

Answer: Option D

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100

Under section . . . . . . . . clerical and arithmetical mistakes in judgments can be rectified

A) 152 Code of Civil Procedure B) 150 Code of Civil Procedure C) 153 Code of Civil Procedure D) 153A Code of Civil Procedure

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Answer & Solution

Answer: Option A

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Code Of Civil Procedure MCQ question and answer | Law MCQ question