Code Of Civil Procedure MCQ question and answer

51

For instituting a suit against the government, notice should be given before

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

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Answer & Solution

Answer: Option A

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52

A decision on an issue of law operates as res judicata

A) If the cause of action in the subsequent suit is the same as in the former suit, only when the decision on the point of law is correct B) If the cause of action in the subsequent suit is the same as in the former suit, even though the decision on the point of law is erroneous C) If the cause of action in the subsequent suit is different from that in the former suit, when the decision on the point of law is correct D) None of the above

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Answer & Solution

Answer: Option B

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53

Which one of the following properties is liable to attachment and sale in the execution of a decree?

A) Right to future maintenance B) A promissory note C) Books of account D) A right of personal service

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Answer & Solution

Answer: Option B

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54

In execution of a decree obtained by A against, B, certain property belonging to B is attached. During the pendency of the attachment, B mortgages the property to C. The property is then sold in execution of the decree and purchased by D.

A) Here, the mortgage having been made contrary to the attachment is void as against A's claim, and D is not entitled to take the property free from the mortgage created by B B) Here, the mortgage having been made contrary to the attachment is not void as against A's claim, and D is not entitled to take the property free from the mortgage created by B C) Here, the mortgage having been made contrary to the attachment is void as against A's claim, and D is entitled to take the property free from the mortgage created by B D) None of these

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Answer & Solution

Answer: Option C

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55

In which of the following cases would an application lie to the High Court?

A) In which of the following cases would an application lie to the High Court? B) Where the several Courts having jurisdiction are subordinate to the same appellate Court C) Where the several Courts having jurisdiction are subordinate to different High Courts D) Where the several Courts having jurisdiction are subordinate to different appellate but to the same High Court

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Answer & Solution

Answer: Option D

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56

As provided under Order 8 Rule 1 of Code of Civil Procedure, the defendant shall present a written statement of his defence within . . . . . . . .

A) One month from the date of service of summons on him B) Thirty days from the date of issuance of summons C) Thirty days from the date of service of summons on him D) Sixty days from the date of service of summons on him

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Answer & Solution

Answer: Option C

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57

Pleading can be amended under Code of Civil Procedure

A) Order 6 Rule 18A B) Order 6 Rule 18B C) Order 6 Rule 16 D) Order 6 Rule 17

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Answer & Solution

Answer: Option D

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58

In a written statement, a defendant can claim

A) Set-off B) Counter-claim C) Both A and B D) Either A or B

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Answer & Solution

Answer: Option C

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59

As regards res-judicata, it has been stated that the right of an individual is to be protected from multiplication of suits and prosecution at the instance of an opponent whose superior resources and power unless curbed, may render futile judicially declared right and innocence, by

A) Spences Bower B) Lord Denning C) Salmond D) Black Stone

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Answer & Solution

Answer: Option A

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60

Which of the following deals with implied contract or relation in the Code of Civil Procedure?

A) Order 6, Rule 12 B) Order 9, Rule 8 C) Order 7, Rule 10 D) Order 10, Rule 22

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Answer & Solution

Answer: Option A

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