Code Of Civil Procedure MCQ question and answer

91

The provisions of res judicata are also implemented in the case of the execution of decree:

A) The statement is correct B) The statement is wrong or incorrect C) The provisions of res judicata are implemented in the suits only D) The provisions are not implemented on pointing out by the judgement debtor

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Answer & Solution

Answer: Option A

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92

Under Order 7 Rule 11 of the Code of Civil Procedure, 1908. The plaint shall not be rejected

A) Where it discloses cause of action B) Where the suit appears from the statement in the plaint to be barred by any law C) Where the plaintiff fails to comply with the provision of Rule 9 D) Where it is not filed in duplicate

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Answer & Solution

Answer: Option A

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93

Which of the following deals with where interpleader suit may be reinstituted in the Code of Civil Procedure?

A) Section 90 B) Section 88 C) Section 92 D) Section 82

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Answer & Solution

Answer: Option B

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94

The case of Daryao vs. State of Uttar Pradesh AIR 1961 SC 1457 is related to

A) Suit of civil nature B) Transfer of execution proceedings C) Adjournment D) Doctrine of Res-Judicata

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Answer & Solution

Answer: Option A

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95

Provisions relating to set-off and counter-claims are contained in which of the following order to the Code of Civil Procedure, 1908?

A) Order VI B) Order VII C) Order VIII D) Order IX

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Answer & Solution

Answer: Option C

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96

Commission to make local investigation cannot be issued for the purposes of

A) Collecting evidence on a fact B) Elucidating any matter in dispute C) Ascertaining the market value of the property D) Ascertaining the amount of mesne profit

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Answer & Solution

Answer: Option A

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97

Inherent powers of the court to meet the ends of justice have been saved under Section . . . . . . . . of the Code of Civil Procedure, 190

A) 149 B) 150 C) 151 D) None of the above

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Answer & Solution

Answer: Option C

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98

Neither a judgment in personam nor judgment in rem can be challenged

A) Can always challenge the judgment on the ground of competency B) Can never challenge the judgment on the ground of competency C) Can challenge the judgment on the ground of competency under certain circumstances D) Either A or C

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Answer & Solution

Answer: Option B

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99

Whether the judgment debtor can plead satisfaction of money decree by payment in cash outside the court?

A) No B) Yes, if money is paid in cash before a third person C) Yes, if the payment or adjustment is incorporated into a document D) Only if the document recording the payment was signed by the decree holder before the notary public or oath commissioner

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Answer & Solution

Answer: Option C

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100

A decree can be transferred for execution to another court:

A) If the judgment debtor actually and voluntarily resides or carries on business or personally works for gain, within the local limits of jurisdiction of such court B) If the judgment debtor has property sufficient to satisfy the decree within the limits of that court C) If the decree directs the sale or delivery of immovable property situated outside the local limits of jurisdiction of the court which passed it D) All of the above

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Answer & Solution

Answer: Option D

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