Code Of Civil Procedure MCQ question and answer

91

Issues are framed by a Court. Onus of some of the issues is on the Plaintiff and of some of the issues, the onus is on the Defendant. The Plaintiff has to

A) File its affidavits in evidence on all issues B) File its affidavits in evidence in affirmative on issues onus whereof is on the Plaintiff and evidence in negative on issues onus whereof is on defendant C) File its affidavits in evidence in affirmative on the issues onus whereof is upon the Plaintiff D) File its affidavits in evidence in affirmative on all issues, irrespective of onus

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Answer & Solution

Answer: Option C

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92

When two or more courts have the jurisdiction if the parties by an agreement confer the jurisdiction exclusively on one of such courts, it results into

A) Inherent jurisdiction B) Personal jurisdiction C) Consensual jurisdiction D) Illegal jurisdiction

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Answer & Solution

Answer: Option C

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93

The court to amend a decree is the court that passed it. Where an appeal is preferred from a decree of a court of first instance the Appellate Court may:

A) Dismiss the appeal under O. 41, r 11(1), without issuing any notice to the respondents B) Confirm, reverse or vary the decree of the court of first instance (O. 41, r 32) C) Either A or B D) None of these

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Answer & Solution

Answer: Option C

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94

When the Plaintiff appears and Defendant fails to file written statement despite service, the Court

A) Shall pronounce judgment under Order VIII Rule 10 Code of Civil Procedure B) May either require the Plaintiff to prove its case by leading evidence or pronounce judgment against the defendant depending upon the nature of the case C) Shall necessarily require the Plaintiff to prove its case by leading evidence D) Direct personal appearance of the Defendant

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Answer & Solution

Answer: Option B

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95

Mark the incorrect statement

A) The provision of section 39 are not mandatory B) The transferee court under section 39 need not have pecuniary jurisdiction to deal with the suit in which the decree was passed C) The court passing the decree under section 39 has the power to execute such decree against a person or property situated outside the local limits of its territorial jurisdiction D) Both B and C

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Answer & Solution

Answer: Option D

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96

Reference' under the Code of Civil Procedure may be made to:

A) The Supreme Court B) The High Court C) The District Judge D) None of the above

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Answer & Solution

Answer: Option B

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97

Which of the following deals with the continuance of orders under repealed enactments in the Code of Civil Procedure?

A) Section 157 B) Section 169 C) Section 148 D) Section 153

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Answer & Solution

Answer: Option A

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98

No decree to be set aside without notice to opposite party under which of the in the Code of Civil Procedure?

A) Order 5, Rule 30 B) Order 4, Rule 13 C) Order 6, Rule 10 D) Order 9, Rule 14

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Answer & Solution

Answer: Option D

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99

In execution of a decree, other than a decree for maintenance, passed against A, what shall be the attachable portion, if his salary is Rs. 10,000 per month?

A) Rs. 3,333 B) Rs. 5,000 C) Rs. 3,000 D) Rs. 6,666

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Answer & Solution

Answer: Option C

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100

Notice under Section 80 of Code of Civil Procedure, when it relates to Railways, has to be served on which of the following?

A) Minister of Railways B) Secretary of Railway Ministry C) General Manager of concerned Railway D) Prime Minister of India

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Answer & Solution

Answer: Option C

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