Code Of Civil Procedure MCQ question and answer

41

Say which of the following suits are excepted from the cognizance of the Provincial Small Cause Courts

A) A suit to obtain injunction B) A suit to restrain waste C) A suit for specific performance of a contract D) A suit for recovery of rent other than house rent

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Answer & Solution

Answer: Option D

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42

Adjournment can be granted

A) Under Order XVII, Rule 3 of Code of Civil Procedure B) Under Order XVII, Rule 2 of Code of Civil Procedure C) Under Order XVII, Rule 1 of Code of Civil Procedure D) Under Order XVII, Rule 1(2) of Code of Civil Procedure

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Answer & Solution

Answer: Option C

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43

Section 18 of the Civil Procedure Code provides for

A) Place of institution of suit in respect of immovable property where the property is situated in the jurisdiction of one court B) Place of instruction of suit in respect of immovable property where the property is situated in the jurisdiction of different courts C) Place of institution of suits in respect of immovable property where the local limits of jurisdiction of courts are uncertain D) All the above

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Answer & Solution

Answer: Option C

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44

By whom can the transfer of suit or proceedings from one state to other state be ordered?

A) Central Government B) Supreme Court C) High Court D) Parliament

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Answer & Solution

Answer: Option B

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45

Public nuisance within the meaning of section 91 of Code of Civil Procedure is

A) Nuisance in law B) Nuisance in fact C) Both A and B D) Either A or B

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Answer & Solution

Answer: Option B

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46

Under Order XI, Rule 21, for the non-compliance with an order of discovery by the defendan

A) The suit of the plaintiff is liable to be decreed B) The defence of the defendant is liable to be struck-off C) The defendant is liable to be proceeded against ex-parte D) Either A or B or C

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Answer & Solution

Answer: Option B

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47

A' and 'B' sue 'C' for Rs. 1000

A) C' cannot set off a debt due to him from 'A' alone B) C' can set off debt due to him from 'A' alone as a matter of right C) C' can set off debt due to him from 'A' alone with prior permission of the Court D) None of the above

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Answer & Solution

Answer: Option A

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48

The words 'record of suit' contemplate and includes documents:

A) Which have been exhibited as evidence in the case B) Which have been filed along with the plaint C) Which have been produced under O. 13 D) All of these

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Answer & Solution

Answer: Option D

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49

A preliminary decree from partition is only a declaration of the rights of the parties and the shares they have in the joint family or coparcenary property. The final decree should specify the division by metes and bounds and it needs to be engrossed on stamp paper. In which of the following cases it was so upheld?

A) Phoolchand v. Gopal Lal B) Shanker Balwant Lokhande v. Chanderkant Shankar Lokhande C) Kedar Nath v. Dwarika Nath D) None of these

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Answer & Solution

Answer: Option B

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50

Under Order VI, Rule 17 of Code of Civil Procedure, the amendment of the pleading may be allowed

A) As may be necessary for determining the real controversy between the parties B) As to introduce an entirely new and inconsistent case C) As to take away a right of the defendant which has accrued to him by lapse of time D) As to withdraw the admission made

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Answer & Solution

Answer: Option A

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