Code Of Civil Procedure MCQ question and answer

31

During the execution proceedings, if a question arises as to whether any person is a representative of a party, such question shall be determined by

A) The court which passed the decree B) The court executing the decree C) The appellate court D) A separate suit

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Answer & Solution

Answer: Option B

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32

A compromise which is voidable under Indian Contract Act, 1872 shall not be deemed to be . . . . . . . . within the meaning of Order XXIII Rule 3 of Code of Civil Procedure, 1908.

A) Void B) Voidable C) Illegal D) Lawful E) None of the above

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Answer & Solution

Answer: Option D

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33

A', an Indian citizen, enters into a contract with 'B', a US citizen based in the USA. Certain disputes arise under the contract, and 'B' files a suit in the matter in the civil court of New York. 'A' files a counter claim in the said suit. Subsequently, 'A' files a suit in the same matter in the jurisdictional Civil Court in New Delhi. Is the latter court barred from trying the suit?

A) Yes, since this will lead to multiplicity of proceedings B) Yes, since by filing a counter claim A has accepted the jurisdiction of the courts of New York C) No, because the pendency of a suit in a foreign court does not preclude courts in India from trying a suit based on the same cause of action D) No, because A is the defendant in the first suit and the plaintiff in the second suit

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Answer & Solution

Answer: Option C

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34

In which case it was held that the order passed under Section 151 restoring execution case dismissed by the Court while rejecting Decree-holder's prayer for adjournment to take necessary steps, is neither appealable nor revisable-

A) Keshardeo Chamaria v. Radha Kissen Chamaria B) M. P. Shrivastava v. Mrs. Beena C) Govardhan Das v. Lachhmiram D) Premraj v. D. L. F. Housing and Construction Company

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Answer & Solution

Answer: Option C

Solution:

In the case of Govardhan Das v. Lachhmiram, it was held that the order passed under Section 151 of the Code of Civil Procedure, which restores an execution case that was dismissed by the court while rejecting the decree-holder's prayer for adjournment to take necessary steps, is neither appealable nor revisable.

**Please keep in mind that interpretations of legal cases can sometimes differ, and for detailed and accurate information about a specific court case. it is best to refer to the official court records or seek advice from legal experts. As a helpful service, we provide solutions to the questions, but when it comes to legal matters, relying on official and expert sources is essential to get the most reliable information.

35

Where an appeal from original decree is dismissed on the ground that it is time barred, then the best recourse and remedy available to the affected party is to

A) File a review B) File revision C) File second appeal D) File reference

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Answer & Solution

Answer: Option A

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36

Judgment on admission can be given

A) Under Order XII, Rule 2 of Code of Civil Procedure B) Under Order XII, Rule 4 of Code of Civil Procedure C) Under Order XII, Rule 6 of Code of Civil Procedure D) Under Order XII, Rule 8 of Code of Civil Procedure

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Answer & Solution

Answer: Option C

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37

Suit for partition of properties situated in different cities:

A) Cannot be instituted and separate suits have to be filed in each of the cities where the properties are situated B) Can be instituted in a city where any of the properties is situated C) Can be instituted in a city where majority of the properties or properties/property of maximum value is situated D) Can be instituted where the defendants or any of them reside(s)

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Answer & Solution

Answer: Option B

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38

X' files a suit against his sister 'Y' seeking partition of properties of their parents. 'Y' in her written statement admits the shares of 'X' and 'Y' in the properties as pleaded by 'X'. The Court should:

A) Frame issues and direct evidence to be led B) Direct admission/denial of documents C) Pass judgment forthwith D) Direct the parties to enter into compromise

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Answer & Solution

Answer: Option C

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39

In which of the following cases, the remedy of revision is not available?

A) Cases in which first appeal lies B) Cases in which second appeal lies C) Interlocutory orders D) All of the above

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Answer & Solution

Answer: Option D

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40

All orders and notices served on or given to any person under the provisions of Civil Procedure Code shall be in writing has been provided under

A) Section 141 B) Section 142 C) Section 143 D) Section 144

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Answer & Solution

Answer: Option B

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