Code Of Civil Procedure MCQ question and answer

21

"Where a plaintiff omits to sue in respect of, or intentionally relinquishes any portion of his claim, he shall not afterward sue in respect of the portion so omitted or relinquished". The genesis of this principle lies in:

A) Section 115 of the Indian Evidence Act, 1872 B) Section 11 of the Code of Civil Procedure, 1908 C) Order II Rule 2 of the Code of Civil Procedure, 1908 D) Order I Rule 2 of the Code of Civil Procedure, 1908

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Answer & Solution

Answer: Option C

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22

A sues B for specific performance of an agreement for the sale to him of B's land, and obtains a decree. In execution of the decree, A is put in possession of a portion only of the land, as it is found that the rest of the land did not belong to B, but to B's son.

A) A subsequent suit by A against B for recovery of a portion of the price to the extent of the son's share is not barred under rule 2, the cause of action being the same B) A subsequent suit by A against B for recovery of a portion of the price to the extent of the son's share is not barred under rule 2, the cause of action being entirely distinct C) Either A or B D) None of these

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Answer & Solution

Answer: Option B

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23

Sale of immovable property in execution of decree cannot be ordered by

A) Civil Judge Junior Division B) Civil Judge Senior Division C) Court of Small Causes D) Joint Civil Judge Senior Division

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Answer & Solution

Answer: Option C

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24

Provision relating to execution of decrees are contained in

A) Order XXI B) Order XXV C) Order XXXIII D) Order XXXVI

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Answer & Solution

Answer: Option A

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25

Non Joinder of necessary party in a suit will lead to:

A) Dismissal of suit B) Stay of suit C) Continuation of suit D) Imposition of cost

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Answer & Solution

Answer: Option A

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26

Where the decree is for the payment of sum of money exceeding five thousand rupees the period of civil prison?

A) Shall not exceed three months B) Shall not exceed six months C) Shall not exceed nine months D) Shall not exceed one year

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Answer & Solution

Answer: Option A

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27

When there are more than one defendants, the service of summons shall be made on:

A) Anyone defendant identified as the representative of all the defendants B) Majority of the defendants C) Each one of the defendants the court may strike out any D) None of the above

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Answer & Solution

Answer: Option D

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28

Delay in filing the suit:

A) Cannot be condoned B) Can be condoned under Section 3 of the Limitation Act, 1963 C) Can be condoned under Order VII, Rule 6 of the Code of Civil Procedure, 1908 D) Can be condoned under Section 5 of the Limitation Act, 1963

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Answer & Solution

Answer: Option C

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29

Under which section of Code of Civil Procedure, option for settlement of dispute is provided outside the court?

A) 80(1) B) 89(2) C) 89(1) D) 80(2)

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Answer & Solution

Answer: Option C

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30

Which one of the following sections of the Code of Civil Procedure Code, 1908 embraces the principle of restitutions?

A) Section 134 B) Section 144 C) Section 148A D) Section 151

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Answer & Solution

Answer: Option B

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