Code Of Civil Procedure MCQ question and answer

21

In cases of the commercial contracts between parties of two different countries, the jurisdiction of the court shall be governed by

A) Lex loci contractors B) Lex loci solutions C) Les situs D) Rule of freedom of choice i.e., intention of the parties

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Answer & Solution

Answer: Option D

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22

A' filed a suit against three defendants. Defendant No. 1 alleged that there was no cause of action against him under order VII Rule 11(d) Code of Civil Procedure. The Plaint is to be

A) Rejected in whole B) Rejected in part if the cause of action is not joint and several C) Proceeded with against all defendants D) None of these

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Answer & Solution

Answer: Option C

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23

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

A) Minster 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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24

In a suit for partition instituted on 5^th July, 2000, recording of evidence has commenced. An application dated 9^th July, 2018 of the plaintiff to amend the plaint.

A) Lies and shall be allowed if the amendment is necessary for the purpose of determining the real question in controversy between the parties and on such terms as may be just B) Lies and shall be allowed if the amendments are necessary for purposes of determining the real question in controversy between the parties but shall not be allowed unless the court comes to the conclusion that inspite of due diligence the plaintiff could not have raised the matter before commencement of trial C) Lies and shall be allowed D) Does not lie

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Answer & Solution

Answer: Option B

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25

Rejection of an application for leave to sue forma pauperis is:

A) A decree B) Not a decree C) May or may not be a decree depending on facts D) None of the above

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Answer & Solution

Answer: Option B

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26

Res-judicata means

A) Staying the suit during pendency of the previous suit between the same parties involving similar issues B) Not trying the suit if suit involving similar issues between similar parties is decided C) Bar to further suit D) Expending trial of the suit

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Answer & Solution

Answer: Option B

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27

Parties by their consent/agreement

A) Can confer jurisdiction on a court, where there is none in law B) Can oust the jurisdiction of the court where there is one in law C) Can oust the jurisdiction of one of the courts when there are two courts simultaneously having jurisdiction in law D) All the above

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Answer & Solution

Answer: Option C

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28

In a case, A applies for leave to sue as a pauper. On the day fixed for the hearing of the application. A, alleging that he has succeeded in negotiating a loan for the payment of the Court-fees, pays the necessary Court-fees.

A) The application is thereupon numbered and registered as a plaint B) The application for leave to sue as a pauper having been made in good faith, and not on the day on which the Court-fees were paid C) Both A and B D) None of these

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Answer & Solution

Answer: Option C

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29

Where a compromise was arrived between parties to a suit by playing fraud, misrepresentation or mistake and a decree was passed with the consent of the parties, then the affected party may select which one of the following alternatives for setting aside such decree, namely the recourse

A) Through appeal B) Through revision C) Through review D) Through second suit

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Answer & Solution

Answer: Option D

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30

"Legal heirs must always be the legal representatives in a civil suit". This statement is:

A) Correct B) Partly correct C) Incorrect D) None of the above

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Answer & Solution

Answer: Option C

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