Code Of Civil Procedure MCQ question and answer

71

A suit under Order XXXVII of the Code of Civil Procedure, 1908, can be filed on the basis of

A) Hundi only B) Bill of exchange only C) Promissory note only D) All of the above

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Answer & Solution

Answer: Option D

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72

Which of the following deals with the power of Court to record admission in the Code of Civil Procedure?

A) Order 16, Rule 2 B) Order 12, Rule 3A C) Order 6, Rule 10B D) Order 13, Rule 22

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Answer & Solution

Answer: Option B

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73

A 'next friend' or guardian, under Order XXXII, Rule 7 of Code of Civil Procedure

A) Can enter into an agreement without the leave of the court but cannot compromise a suit B) Can neither enter into an agreement nor compromise the suit on behalf of the minor without the leave of the court C) Cannot enter into an agreement without leave of the court but enter into a compromise D) Can enter into an agreement and also compromise in a suit on behalf of a minor without the leave of the court

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Answer & Solution

Answer: Option B

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74

If the court refers parties to the suit for settlement of dispute under Section 89 of the Civil Procedure Code, the plaintiff is:

A) Entitled to refund of Court fee B) Entitled to refund of Count fee and interest there on C) Not entitled to refund D) Entitled to partial refund of court fee

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Answer & Solution

Answer: Option A

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75

Legal provision for restoring to a party on the modification, variation or reversal of a decree what has been, lost to him in execution of decree or in direct consequence of decree is

A) Application under Section 114 Code of Civil Procedure B) Application under Section 115 Code of Civil Procedure C) Application under Section 144 Code of Civil Procedure D) Appeal under Section 96 Code of Civil Procedure

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Answer & Solution

Answer: Option C

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76

In which of the following are provisions relating to Injunction mentioned?

A) Section 95 read with Order XXXIX B) Section 30 read with Order XI C) Section 36 read with Order XXI D) Section 51 read with Order XXI

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Answer & Solution

Answer: Option A

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77

An ex parte decree passed by Court 'A' was transferred to Court 'B' for execution and which execution proceedings are pending in Court 'B'. Court 'A' aside the ex parte decree and on re-hearing, a fresh decree was passed on the same terms.

A) Since the new decree is on the same terms, as the decree which is set aside, the execution proceedings will continue B) Court 'B' can continue to execute the ex parte decree since the order of transfer has not been recalled C) The Decree Holder can seek amendment to the execution proceedings D) The execution proceedings in Court 'B' come to an end a fresh execution petition would have to be filed of the new decree

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Answer & Solution

Answer: Option D

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78

When a suit is dismissed under Order IX, Rule 2 or under Order IX, Rule 3 of Code of Civil Procedure, a fresh suit under Order IX, Rule 4 of Code of Civil Procedure, the same cause of action is

A) Not barred at all B) Barred under all the circumstances C) Not barred if within limitation D) Either A or B

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Answer & Solution

Answer: Option C

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79

Written statement may be filed from the date of summons within

A) 30 Days B) Two months C) One month D) 60 Days

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Answer & Solution

Answer: Option A

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80

The general power of transferring suits under Section 24 of Code of Civil Procedure lies with

A) High Court and the District Court B) High Court and Supreme Court C) High Court D) District Court

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Answer & Solution

Answer: Option A

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