Code Of Civil Procedure MCQ question and answer

61

According to Section 2(11) Code of Civil Procedure, 'legal representative' means

A) A person who in law represents the estates of a deceased person B) Any person who does not intermeddles with the estate of the deceased C) Any person elected under the Representation of the People Act, 1951 D) Any person who can represent the party to the suit

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Answer & Solution

Answer: Option A

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62

The term "Res Sub Judice" means

A) Stay of suit B) Stay of appeal C) Stay of application D) Stay of execution

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Answer & Solution

Answer: Option A

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63

Under Section 34 of Civil Procedure Code, Court can award interest from the date of decree to the date of payment or such earlier date as the Court thinks fit. Rate of such interest shall not exceed per annum.

A) Nine per cent B) Ten per cent C) Six per cent D) Twelve per cent

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Answer & Solution

Answer: Option C

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64

Date appointed by any Court for presenting list of witnesses by the parties to obtain summons to them for their attendance in Court, shall not be later than-

A) Ten days B) Fifteen days C) Eighteen days D) Thirty days

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Answer & Solution

Answer: Option B

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65

An ex-parte decree can be set aside

A) Under Order IX, Rule 7 of Code of Civil Procedure B) Under Order IX, Rule 11 of Code of Civil Procedure C) Under Order IX, Rule 13 of Code of Civil Procedure D) Under Order IX, Rule 12 of Code of Civil Procedure

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Answer & Solution

Answer: Option C

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66

Order XVII, Rule 2 and Order XVII, Rule 3 of Code of Civil Procedure are

A) In conflict with each other B) Independent and mutually exclusive C) Order XVII, Rule 3 of Code of Civil Procedure is dependent on Order XVII, Rule 2 of Code of Civil Procedure D) Order XVII, Rule 3 of Code of Civil Procedure controls Order XVII, Rule 2 of Code of Civil Procedure

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Answer & Solution

Answer: Option B

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67

Every suit is to decide the whole claim. However, a separate suit for mesne profits from the date of decree to delivery of possession:

A) Is barred because no claim of mesne profits was sought in the earlier suit B) Is barred because the claim of mesne profits prior to the date of decree stands barred under O. 2, r 2 C) Is not bared because the claim of mesne profits arises after the decree in the suit and so the decree gives a new cause of action D) None of these

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Answer & Solution

Answer: Option C

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68

Which of the following list of rules bar a fresh suit in respect of the same cause of action under section 12 of the Code of Civil Procedure?
1. O. 2, r 2
2. O. 9, r 9
3. O. 22, r 9
4. O. 23, r 1

A) 1, 2 B) 3, 4 C) 2, 4 D) All of these

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Answer & Solution

Answer: Option D

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69

General power to amend any error or defect in any proceedings in a suit vests in the Court by virtue of

A) Section 152, Code of Civil Procedure B) Section 153, Code of Civil Procedure C) Section 153A, Code of Civil Procedure D) Section 153B, Code of Civil Procedure

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Answer & Solution

Answer: Option B

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70

Where the defendant is confined in a prison, the summons shall be served:

A) By affixing outside the prison B) By sending process server in the prison C) By delivery of the summons to the Officer incharge of the prison for service on the defendant D) By production warrant through the court

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Answer & Solution

Answer: Option C

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