Code Of Civil Procedure MCQ question and answer

11

Which of the following is not a sufficient cause for granting adjournment?

A) Sickness of a party, his witness or his counsel B) Non-examination of a witness present in the court C) Non-service of summons D) Reasonable time for preparation of a case

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Answer & Solution

Answer: Option C

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12

Which one of the following is not suit of Civil Nature?

A) Suits for rights to hereditary offices B) Suits for rights of franchise C) Suits for recovery of voluntary payments of offerings D) Suits relating to right of worship

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Answer & Solution

Answer: Option C

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13

A court to which decree has been transferred for execution cannot, while executing?

A) Order attachment B) Execute the decree against the legal representatives of the decreased judgment debtor C) Send the decree for execution to another court D) Order execution at the instance of the transferee of the decree

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Answer & Solution

Answer: Option D

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14

In reference of District Court, which one of the following statements is not correct?

A) It can transfer any suit, appeal or other proceeding pending before it for trial to any Court subordinate to it and competent to try or dispose of the same B) It can withdraw any suit and appeal or other proceeding pending in any Court subordinate to it C) It can try or dispose of the suit, appeal or other proceeding withdrawn from any Court subordinate to it or it may transfer the same for trial or disposal to some other Court subordinate to it and competent to try or dispose of the same D) It cannot retransfer any suit, appeal or other proceeding to the Court from which it was withdrawn

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Answer & Solution

Answer: Option D

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15

Match the following and select correct answer:

List I	List II
a. Suits by or against partnership firms	1. Order 32, Code of Civil Procedure
b. Suits by or against minors	2. Order 30, Code of Civil Procedure
c. Suits by indigent persons	3. Order 34, Code of Civil Procedure
d. Mortgage Suits	4. Order 33, Code of Civil Procedure

A) a-2, b-1, c-4, d-3 B) a-1, b-2, c-3, d-4 C) a-2, b-4, c-1, d-3 D) a-1, b-3, c-2, d-4 E) None of these

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Answer & Solution

Answer: Option A

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16

Modes of execution of a decree have been stated in

A) Section 48 of Code of Civil Procedure B) Section 49 of Code of Civil Procedure C) Section 51 of Code of Civil Procedure D) Section 52 of Code of Civil Procedure

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Answer & Solution

Answer: Option C

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17

In order that section 144 of the Code of Civil Procedure, would be applicable, which of the following conditions must be satisfied?

A) The restitution sought must be in respect of the decree or order which had been varied or reversed B) The party applying for restitution must be entitled to a benefit under a reversing decree or order C) The relief claimed must be properly consequential on the reversal or variation of the decree or order D) All of these

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Answer & Solution

Answer: Option D

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18

Civil Procedure Code: The provisron in respect of summary procedure has been laid down under

A) Order 32A of Code of Civil Procedure B) Order 29 of Code of Civil Procedure C) Order 34 of Code of Civil Procedure D) Order 37 of Code of Civil Procedure

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Answer & Solution

Answer: Option D

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19

Under Order XX, Rule 5 of Code of Civil Procedure, the court shall state its finding or decision

A) Only on the issues of law B) Only on the issues of facts C) On each separate issue D) Only on the issues mixed of law and facts

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Answer & Solution

Answer: Option C

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20

Decree holder' means any person in whose favour a decree has been passed or an order capable of execution has been made. This definition of the term 'decree holder' is mentioned under:

A) Section-2(2), Code of Civil Procedure B) Section-2(3), Code of Civil Procedure C) Section-2(4), Code of Civil Procedure D) Section-2(d), Code of Civil Procedure

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Answer & Solution

Answer: Option B

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