Code Of Civil Procedure MCQ question and answer

41

An application for review of judgment would lie only when:

A) The applicant has accepted the judgment B) The applicant gives an undertaking to the Court to accept the judgment C) An appeal lies against the judgment and has been preferred D) An appeal lies against the judgment but has not been preferred

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Answer & Solution

Answer: Option D

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42

What is maximum time granted to court by Code of Civil Procedure to draw up a decree after pronouncing judgment?

A) 15 days B) 30 days C) 45 days D) 60 days

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Answer & Solution

Answer: Option A

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43

In a suit for recovery of possession by the Government who will sign the plaint?

A) The Chief Secretary to the Government B) The District Collector C) The Governor of the State D) The Person nominated by the Government

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Answer & Solution

Answer: Option D

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44

Which of the following is incorrect

A) Second appeal lies in a suit cognizable by the courts of small causes, when the subject-matter of original suit does not exceed Rs. 3,000 B) No second appeal lies in a suit cognizable by courts of small cause when the subject matter of original suit does not exceed Rs. 3,000 C) In second appeal, the High Court may determine any question which has not been determined or wrongly determined by the courts below D) Both A and B

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Answer & Solution

Answer: Option A

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45

Imposition of costs under section 35B of Code of Civil Procedure is

A) Mandatory B) Directory C) Either A or B D) Neither A nor B

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Answer & Solution

Answer: Option B

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46

A decree against Government of India or State Government shall not be executed unless it remains unsatisfied for the period of

A) One month B) Two months C) Three months D) Six months

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Answer & Solution

Answer: Option C

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47

Order XVII, Rule 3 of Code of Civil Procedure applies

A) When the party fails to produce the evidence B) When the party produced the evidence C) When the parties or any of them not present D) All the above

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Answer & Solution

Answer: Option A

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48

In a suit under Order XXXVII Code of Civil Procedure, the Court grants the Defendant conditional leave to defend subject to the defendant securing the suit amount by way of Bank Guarantee. The Defendant fails to furnish the Bank Guarantee in the prescribed period. The Court shall

A) Permit the Defendant to file its written statement B) Convert the suit into an ordinary suit C) Decree the suit against the Defendant D) Direct the Plaintiff to lead evidence

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Answer & Solution

Answer: Option C

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49

Which of the deals with enforcement of decree against legal representative in the Code of Civil Procedure?

A) Section 46 B) Section 52 C) Section 45 D) Section 49

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Answer & Solution

Answer: Option B

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50

Civil Procedure Code - Which one of the following is correct?

A) Appellate Court shall have power to determine a case finally B) Appellate Court shall not remand a case C) Appellate Court shall not have a power to frame issue and refer them for trial D) Appellate Court shall not have power to take additional evidence

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Answer & Solution

Answer: Option A

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