Code Of Civil Procedure MCQ question and answer

11

Maximum period of detention where the decree is for more than Rs. 5,000 is

A) Six weeks B) Two months C) Three months D) Six months

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Answer & Solution

Answer: Option C

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12

A decision or finding given by a Court or a Tribunal without jurisdiction:

A) Can operate as res judicata under all circumstances B) Cannot operate as res judicata C) Cannot operate as res judicata under certain circumstances only D) May operate as res judicata or may not operate as res judicata

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Answer & Solution

Answer: Option B

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13

A person claiming a right to appear before the court may lodge a caveat under which provision of the Civil Procedure Code, 1908 . . . . . . . .

A) Section 148 B) Section 148A C) Section 151 D) None of the above

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Answer & Solution

Answer: Option B

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14

Under which explanation of Section 11 of the Code of Civil Procedure, 1908, Constructive Res Judicata has been explained?

A) Explanation-I B) Explanation-II C) Explanation-III D) Explanation-IV

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Answer & Solution

Answer: Option D

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15

On the ground of jurisdiction, under section 13 of Code of Civil Procedure

A) Only a judgment in personam can be challenged B) Only a judgment in rem can be challenged C) Both judgment in personam and judgment in rem, can be challenged D) Neither a judgment in personam nor judgment in rem can be challenged

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Answer & Solution

Answer: Option C

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16

The Court may impose a fine for default upon a person required to give evidence or to produce documents directed under Section30(b) of Code of Civil Procedure, and such fine as per Section 32(c) is not to exceed

A) Rs. 500 B) Rs. 1,000 C) Rs. 5,000 D) Rs. 10,000

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Answer & Solution

Answer: Option C

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17

A suit for damages for breach of contract can be filed at a place:

A) Where the contract was executed B) Where the contract was to be performed C) Where the plaintiff resides D) Both A and B

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Answer & Solution

Answer: Option D

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18

Mark the incorrect statement:

A) The mesne profits are a compensation which is penal in nature B) The object of awarding a decree for mesne profits is to compensate the person who has been kept out of possession and deprived of enjoyment of his property C) Wrongful possession by the defendant is the essence of a claim for mesne profits D) Mesne profits can be claimed in respect of both movable and immovable property

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Answer & Solution

Answer: Option D

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19

Certain topics under the Code of Civil Procedure are described hereunder in List-I while their Section/Order numbers are mentioned in List-Il, Match the entries of List-I and List-Il and write the correct answer:

List I	List II
a. Affidavit	1. Order 26
b. Arrest before Judgement	2. Order 33
c. Commission to examine witnesses	3. Order 19
d. Suit by indigent persons	4. Order 38

A) a-2, b-1, c-3, d-4 B) a-3, b-2, c-1, d-4 C) a-3, b-4, c-1, d-2 D) a-1, b-2, c-3, d-4

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Answer & Solution

Answer: Option C

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20

For the examination of a person who is a resident within the local limits of jurisdiction of a court, commission

A) Can be issued under Order XXVI, Rule 4 of Code of Civil Procedure B) Can be issued under Order XXVI, Rule 4A of Code of Civil Procedure C) Can be issued under either A or B D) Cannot be issued under either A or B

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Answer & Solution

Answer: Option A

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