Code Of Civil Procedure MCQ question and answer

61

A warrant of arrest before judgment against a defendant can be issued under Order XXXVIII, Rule 1 of Code of Civil Procedure

A) If the defendant has absconded or left the local limits of the jurisdiction of the court B) If the defendant is about to abscond or leave the local limits of jurisdiction of the court C) If the defendant removes the property outside the local limits of the jurisdiction of the court D) All the above

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Answer & Solution

Answer: Option D

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62

As per the Civil Procedure Code as applicable to Delhi, a suit for specific performance of a contract of sale of immovable property can be filed:

A) Only in the Court within whose jurisdiction the property is situated B) Either in the Court where the immovable property is situated or also in the Court where the defendant resides C) Besides the Courts mentioned in (B) above, also in the Court within those jurisdiction the contract was entered into D) Only in the High Court of Delhi

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Answer & Solution

Answer: Option B

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63

Which of the following deals with withdrawal of suit or abandonment of part of claim in the Code of Civil Procedure?

A) Order 23, Rule 1 B) Order 10, Rule 9 C) Order 19, Rule 6 D) Order 17, Rule 10

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Answer & Solution

Answer: Option A

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64

Under Code of Civil Procedure, 1908 which one of the following is not exempted from personal appearance in the court?

A) Ministers of Union Government B) Ministers of State Government C) Vice-President of India D) Vice-Chancellor of University

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Answer & Solution

Answer: Option D

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65

Which of the following property is not liable to be attached and sold in the execution of a decree;

A) Money B) Hundis C) Electricity D) None of the above

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Answer & Solution

Answer: Option C

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66

What is incorrect about a temporary injunction:

A) It finally settles the mutual rights of the parties and directs a party for all time to do or abstain from doing a thing B) Can be granted ex parte C) Preserves the property in dispute in status quo till the disposal of suit D) Continues unless a specific time

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Answer & Solution

Answer: Option A

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67

In which of the following explanations to section 11 of Civil Procedure Code constructive res judicata is provided?

A) Explanation III B) Explanation IV C) Explanation V D) None of these

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Answer & Solution

Answer: Option B

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68

The words 'acted in the exercise of its jurisdiction illegally or with material irregularity' used in section 115 of the Code of Civil Procedure refers:

A) Only to an error of jurisdiction B) Its application only cases of the kind contemplated by cll. (a) and (b) of this section C) Both A and B D) None of these

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Answer & Solution

Answer: Option C

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69

In which of the following cases the Supreme Court has upheld the validity of Section 51 of Code of Civil Procedure?

A) Xavier v. Bank of Canara B) The Visaka case C) Indian Gramophone Co. v. Birendra Bahadur Pandey D) Jolly George Verghese v. Bank of Cochin

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Answer & Solution

Answer: Option D

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70

"It is a statement of claim, a document by presentation of which the suit is instituted". It is called as

A) Affidavit B) Written-statement C) Counter-claim D) Plaint

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Answer & Solution

Answer: Option D

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