Code Of Civil Procedure MCQ question and answer

21

Rule of 'constructive res judicata' is contained in which explanation to Section 11 of the Code of Civil Procedure

A) Explanation II B) Explanation III C) Explanation IV D) Explanation V

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Answer & Solution

Answer: Option C

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22

The word "case" used in Section 115 of the Code of Civil Procedure is of wide import and

A) It means any state of facts juridically considered B) It includes civil proceeding other suits and is not restricted to anything contained in the section to the entirety of the proceeding in a civil court C) Both A and B D) None of these

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Answer & Solution

Answer: Option B

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23

A suit may be dismissed where

A) Summons are not served on the defendant in consequence of the failure of the plaintiff to take proper steps like filing of court fee, postal charges or requisite number of copies of plaint B) Neither party appears when the suit is called on for hearing C) Plaintiff, after summons to defendant has returned unserved, fails to apply for fresh summons for seven days D) All these

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Answer & Solution

Answer: Option D

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24

As per Order 11, Rule 12 of Code of Civil Procedure, an application for discovery of documents

A) May be filed by any party without filing any affidavit B) May be filed by any party with an affidavit C) Only plaintiff may file the application with affidavit D) Only defendant may file the application with affidavit

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Answer & Solution

Answer: Option A

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25

Notice under Section 80 of the Code of Civil Procedure is mandatory when

A) The suit is against a Co-operative Society B) The suit is against the Government C) The suit is against Gram Panchayat D) The suit is against Municipal Corporation

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Answer & Solution

Answer: Option B

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26

Whether appeal against the decision in appeal of appellate bench of Small Causes Court/District Court would lie before

A) Hon'ble High Court? B) Competent Authority appointed by the State? C) No appeal lies D) Supreme Court?

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Answer & Solution

Answer: Option C

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27

Which of the following deals with prohibition of arrest or detention of women in execution of a decree for money in the Code of Civil Procedure?

A) Section 43 B) Section 56 C) Section 59 D) Section 54

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Answer & Solution

Answer: Option B

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28

Order VI Rule 15 of Code of Civil Procedure requires that

A) The verification of the pleadings shall be signed by the person making it B) The person verifying the pleadings shall also file an affidavit in support of the verification C) Either A or B D) Both A and B

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Answer & Solution

Answer: Option D

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29

Power to make up deficiency of court-fee is given in

A) Section 148 B) Section 149 C) Section 150 D) Section 158

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Answer & Solution

Answer: Option B

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30

Under Civil Procedure Code, 1908, which one of the properties cannot be attached in execution of a decree?

A) Books of Account B) Land C) Bank Notes D) Cheques

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Answer & Solution

Answer: Option A

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