Code Of Civil Procedure MCQ question and answer

31

By Order XLIX, Rule 2

A) Rules in force at the commencement of Code of Civil Procedure for the taking of evidence or the recording of judgments and orders by chartered High Courts are saved B) Chartered High Courts are established C) Supremacy of Chartered High Courts is stated D) Provisions of the Code so far as not inconsistent with Rules framed by Chartered High Courts are made applicable to the procedure of Chartered High Courts

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Answer & Solution

Answer: Option A

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32

In the case of a public nuisance a suit under Section 91 of the Code of Civil Procedure for a declaration and injunction may be instituted by

A) A person aggrieved B) A person to whom special damage has been caused by reason of such public nuisance C) With the leave of the court of two or more persons, even though no special damage has been caused to such persons D) Two or more persons to whom special damage has been caused by reason of such public nuisance

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Answer & Solution

Answer: Option C

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33

Which of the following "Orders and Rules" of the Code of Civil Procedure provide for "Framing of issues"

A) Order XIII Rule 1 B) Order XIV Rule 1 C) Order XIV Rule 2 D) Order XIV Rule 5

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Answer & Solution

Answer: Option B

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34

Match List-I with List-II and select the correct answer:

List I	List II
a. Set-of	1. Amount paid by the decree-holder for detention of the judgment-debtor in civil prison
b. Mesne profit	2. Person allowed to file suit or appeal without court fee
c. Indigent	3. Adjustment of defendant's claim with the plaintiffs claim
d. Subsistence allowance	4. Gains from property by a person having wrongful possession

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

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Answer & Solution

Answer: Option B

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35

Section which deals with the transfer of decree in the Code of Civil Procedure?

A) Section 43 B) Section 33 C) Section 39 D) Section 62

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Answer & Solution

Answer: Option C

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36

A suit instituted in India for enforcing a foreign judgment is to be filed within how many years:

A) Within one year from the date of the judgment B) Within five years from the date of the judgment C) Within two years from the date of the judgment D) Within three years from the date of the judgment

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Answer & Solution

Answer: Option D

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37

When a Court can reject a plaint?

A) Where plaintiff fails to comply with Rule 9 B) Where suit is barred by law C) Where plaint is not in duplicate D) All of the above

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Answer & Solution

Answer: Option D

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38

Which provision of the Code of Civil Procedure deals with right to lodge a caveat?

A) Section 148 of the Civil Procedure Code B) Section 148A of the Civil Procedure Code C) Section 147 of the Civil Procedure Code D) Section 146 of the Civil Procedure Code

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Answer & Solution

Answer: Option B

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39

While determining 'sufficient means' of a person

A) Property exempt from attachment in execution of a decree is to be excluded B) Property exempt from attachment in execution of a decree is not to be excluded C) Property exempt from attachment in execution of a decree may or may not be excluded D) None of the above

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Answer & Solution

Answer: Option A

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40

If sufficient cause is shown by the parties for adjourn the hearing of the case the court shall not adjourn the case more than:

A) Once B) Twice C) Thrice D) Four time

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Answer & Solution

Answer: Option C

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