Code Of Civil Procedure MCQ question and answer

61

The essential elements of a decree:

A) These must be an adjudication B) The determination must be of a conclusive nature C) The adjudication must have been done in a suit D) All of the above

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Answer & Solution

Answer: Option D

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62

Order VIII Rule 1 of the Code of Civil Procedure mandates that the defendant shall file the written statement of his defence within:

A) 60 days from the date of service of summons B) 90 days from the date of service of summons C) 30 days from the date of service of summons D) 10 days from the date of service of summons

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Answer & Solution

Answer: Option C

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63

After the passing of a decree for payment of money, on the application of the Judgment debtor, Court shall not order that payment of the amount of decree shall be made by instalments-

A) Without recording evidence of both parties B) Without obtaining affidavits from both parties C) Without obtaining the documents regarding the financial condition of the Judgment-debtor D) Without the consent of decree-holder

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Answer & Solution

Answer: Option D

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64

In execution of decree against legal representatives, the liability of the legal representative under section 50 of Code of Civil Procedure

A) Is limited to the extent of the property of the deceased inherited by him B) Is not limited to the extent of the property inherited but extends to his personal property C) Extends to his personal property in cases where he has not inherited anything D) Either B or C

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Answer: Option A

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65

Plaintiff may bring fresh suitor Court may restore suit to file under which of the following in the Code of Civil Procedure?

A) Order 5, Rule 30 B) Order 9, Rule 4 C) Order 6, Rule 10 D) Order 10, Rule 22

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Answer & Solution

Answer: Option B

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66

Essential condition provided under section 100(1) of Code of Civil Procedure for preferring second appeal is

A) Substantial question of fact B) Substantial question of law C) Error regarding jurisdiction D) Subject matter of public importance

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Answer: Option B

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67

While considering whether an amendment is to be granted or not

A) The court does not go into the merits of the matter and decides whether or not the claim made therein is bona fide or not B) The court goes into the merits of the matter and decides . . . . . . . . C) The court may not go into the merits of the matter and decide . . . . . . . . D) None of the above

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Answer: Option A

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68

Under the provision of Civil Procedure Code plea of adverse possession is a defence available

A) Only to plaintiff against defendant B) Only to defendant against plaintiff C) Both plaintiff and defendant D) Only to movable property E) Only immovable property

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Answer: Option B

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69

A judgment-debtor is arrested in execution of a decree for the payment of money and the Judgment-debtor pays the amount of the decree and the costs of the arrest to the officer arresting him, such officer-

A) Shall send the judgment-debtor to civil prison B) Shall take judgment-debtor to the court C) Shall at once release him D) Shall release him after taking security from him

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Answer: Option C

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70

A suit in respect of public charities is provided under

A) Section 92 of Code of Civil Procedure B) Section 41 of Code of Civil Procedure C) Section 100 of Code of Civil Procedure D) Section 105 of Code of Civil Procedure

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Answer: Option A

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