Code Of Civil Procedure MCQ question and answer

41

In which of the following cases it was held that "inherent power has not been conferred on a court, it is a power inherent in the court . . . . . . . ."?

A) Manoharlal v. Seth Hiralal B) Cotton Corporation India v. United Industrial Bank C) Satyabrat Biswas v. Kalyan Kumar Kishku D) Rajani Bai v. Kamla Devi

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Answer & Solution

Answer: Option A

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42

Where the plaint is not filed in duplicate, the plaint may be:

A) Returned by the Court B) Rejected by the Court C) Dismissed by the Court D) Admitted by the Court

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Answer & Solution

Answer: Option B

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43

Judgement under Section 2(9) of the Code of Civil Procedure, 1908 means

A) A decree B) Dismissal of appeal summarily C) Statement of grounds of an order or decree D) All the above

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Answer & Solution

Answer: Option C

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44

Can a court pass more than one final decree in one suit?

A) Yes B) No C) Depends D) None of the above

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Answer & Solution

Answer: Option A

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45

Under Order XII, Rule 2 of Code of Civil Procedure, a notice to admit any document can be given by

A) Plaintiff to the defendant B) Defendant to the plaintiff C) Either party to the other party D) Only A and not B or C

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Answer & Solution

Answer: Option C

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46

Pleading must state:

A) Facts B) Law C) Evidence D) All of these

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Answer & Solution

Answer: Option A

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47

Where a suit is dismissed under Rule 2 or Rule 3 of Order IX of Civil Procedure Code:

A) Plaintiff is debarred from filing fresh suit B) Only remedy with the plaintiff is to seek setting aside of such order C) The only remedy is to bring fresh suit D) Plaintiff may (subject to the law of limitation) bring a fresh suit, or he may apply for an order to set the dismissal aside

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Answer & Solution

Answer: Option D

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48

Civil imprisonment in execution of a decree can be awarded if the decree is for minimum

A) Rs. 500 B) Rs. 1,000 C) Rs. 2,000 D) Rs. 5,000

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Answer & Solution

Answer: Option C

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49

Can a court pass a decree in a suit seeking rights in an immovable property where a defendant has transferred his interest and rights in the suit property to a third person without issue of summons/notice to the third person? If yes, whether the decree will be binding against the transferee pendente life.

A) No, notice must be issued to the third person otherwise decree would not be binding on him B) Decree without notice to a third person is valid and notice/summons is not required to be issued to the third person C) Decree will be invalid as it violates principles of natural justice D) Decree will be invalid as a judgment is only binding on the parties to the suit and doctrine in personam applies

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Answer & Solution

Answer: Option B

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50

Section 10 of Civil Procedure Code deals with-

A) Res subjudice B) Res judicata C) Mens profits D) None of the above

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Answer & Solution

Answer: Option A

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