Code Of Civil Procedure MCQ question and answer

21

On abatement of suit, under Order 22, Rule 9 of Code of Civil Procedure:

A) A fresh suit on the same cause of action can be brought as a matter of right B) A fresh suit on the same cause of action can be brought only with the permission of the Court C) A fresh suit on the same cause of action is barred D) None of the above

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Answer & Solution

Answer: Option C

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22

An application for review of an order or a decree can be made

A) To the appellate court B) By an advocate for a party C) By a Sessions Judge D) To the Court that made the order or passed the decree

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Answer & Solution

Answer: Option D

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23

The courts of small causes under Section 3 of the Civil Procedure Code, 1908 is subordinate to which of the following?

A) High Court only B) District Court only C) Neither A nor B D) Both A and B

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Answer & Solution

Answer: Option D

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24

Under which provision of Civil Procedure Code, a Supreme Court can transfer a case?

A) Section 25 Code of Civil Procedure B) Section 20 Code of Civil Procedure C) Section 12 Code of Civil Procedure D) Section 15 Code of Civil Procedure

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Answer & Solution

Answer: Option A

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25

Order XVIII, Rule 4(1) of Code of Civil Procedure, the examination in chief of a witness shall be recorded

A) By the Judge B) By the Commissioner appointed by the court C) On affidavit D) All of the above

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Answer & Solution

Answer: Option C

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26

A "Garneeshe order" under Civil Procedure Code, 1908 is issued to

A) Judgment debtor B) Judgment debtor's creditor C) Decree holder D) Judgment debtor's debtor

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Answer & Solution

Answer: Option D

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27

Which of the following conditions must to be fulfilled if the appellate or revisional court is to entertain an objection to the territorial jurisdiction of the trial court?

A) The objection was taken in the trial court B) It was taken at the earliest opportunity and where issues have been framed, it was taken before the issues were framed C) Trial in the wrong court has occasioned failure of justice D) All of these

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Answer & Solution

Answer: Option D

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28

In a civil suit in case the sole defendant does not file the written statement within the stipulated time as per order VIII of the Code of Civil Procedure 1908 and the delay in filing the written statement is not condoned, the court shall:

A) Decree the suit in favour of the plaintiff then and there B) Proceed ex-parte against the defendant C) Stuck the defence of the defendant and proceed further for adjudication of the case D) Give one more opportunity to the defendant in the interest of justice

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Answer & Solution

Answer: Option B

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29

A suit under Order XXXVII cannot be filed on the basis of

A) An enactment B) A guarantee C) Both A and B D) Neither A nor B

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Answer & Solution

Answer: Option C

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30

Under section 115 of Code of Civil Procedure, the revisional jurisdiction is with

A) The High Court B) The court of the District Judge C) The court of small causes D) All the above

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Answer & Solution

Answer: Option A

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