Code Of Civil Procedure MCQ question and answer

31

Execution of a decree can

A) Be stayed by the court passing the decree under all the circumstances B) Be stayed by the court passing the decree before the time allowed for appeal C) Not be stayed by the court passing the decree under any circumstances D) Either A or C

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Answer & Solution

Answer: Option B

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32

Place of institution of suit in respect of immovable property, situated within the jurisdiction of different courts, has been provided

A) Under Section 17 of Code of Civil Procedure B) Under Section 18 of Code of Civil Procedure C) Under Section 19 of Code of Civil Procedure D) Under Section 20 of Code of Civil Procedure

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Answer & Solution

Answer: Option A

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33

Can a document which is not produced with the plaint and which ought to have been produced by the plaintiff, be received in the evidence on his behalf?

A) No B) Yes C) Only with leave of court D) Only before framing of issues

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Answer & Solution

Answer: Option C

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34

Right to appeal is

A) Statutory right B) Natural right C) Inherent right D) All the above

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Answer & Solution

Answer: Option A

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35

Objection under Order 21 Rule 97 Code of Civil Procedure dismissed by the Trial Court. The order may be challenged by filing which procedure?

A) Appeal B) Revision C) Writ D) Suit

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Answer & Solution

Answer: Option A

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36

A court can return the plaint, when the court has got

A) No territorial jurisdiction B) No pecuniary jurisdiction C) No subject-matter jurisdiction D) Any of the above

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Answer & Solution

Answer: Option D

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37

Which of the following deals with the order for inspection in the Code of Civil Procedure?

A) Order 11, Rule 18 B) Order 4, Rule 13 C) Order 6, Rule 10 D) Order 13, Rule 22

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Answer & Solution

Answer: Option A

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38

Where a suit is dismissed for non-appearance by the Plaintiff and the defendant is not yet served or after service of the defendant both parties do not appear, the Plaintiff may

A) Bring a fresh suit for the same cause of action B) Apply for an order to set aside the dismissal C) File an appeal D) Either A or B

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Answer & Solution

Answer: Option D

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39

Which of the following is a leading case on 'counter claim'?

A) Kailash v. Nanhku B) Laxmidas Dayabhai v. Nanabhai Chunilal C) Rajendra Tiwary v. Basudeo Prasad D) None of the above

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Answer & Solution

Answer: Option B

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40

Preliminary decree is one

A) Which determines the rights of the parties with regard to some or one of the matters in controversy in the suit but does not finally dispose of the suit B) Which determines the rights of the parties with regard to some or one of the matters in controversy in the suit, which may have the effect of final disposal of the suit C) Both A and B D) Neither A nor B

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Answer & Solution

Answer: Option A

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