Code Of Civil Procedure MCQ question and answer

71

Under Civil Procedure Code, the number of days for which a caveat remains operative after its filing:

A) 15 days B) 30 days C) 60 days D) 90 days

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Answer & Solution

Answer: Option D

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72

Where a mortgagee obtains a decree for payment of money in satisfaction of claim arising under the mortgage:

A) He is entitled to bring the mortgaged property to sale without instituting a suit for sale in enforcement of the mortgage under Order XXXIV and Rule 14 of the Civil Procedure Code 1908 B) He is entitled to bring the mortgaged property to sale only by instituting a suit for sale in enforcement of the mortgage under Order XXXIV and Rule 14 of the Civil Procedure Code 1908 C) He is entitled to bring the mortgaged property to sale in execution proceedings D) He is entitled as in A or C

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Answer & Solution

Answer: Option B

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73

A fresh suit on same cause of action is not barred when:

A) The plaint in the earlier suit has been rejected under Order VII Rule 11 of the Code of Civil Procedure B) The earlier suit has been dismissed owing to failure to take steps for service of the defendant C) The earlier suit has been dismissed owing to neither party appearing when the suit is called for hearing D) All of the above

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Answer & Solution

Answer: Option D

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74

Which of the following properties of a judgment debtor are liable to be attached:

A) Personal ornaments of religious usage of a woman B) Tools of artisan and cattle and seed grain C) Books of accounts D) Shares in a corporation and government securities

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Answer & Solution

Answer: Option D

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75

The difference of procedure between cl. 36 of the Letters Patent of the High Court of Calcutta, Madras and Bombay and s. 98 of the Code of Civil Procedures is:

A) While the reference on the point of difference is obligatory under cl. 36 it is optional under s. 98 B) While a reference under cl. 36 may be on a question of fact and law, it can be on a question of law only under s. 98 C) Either A or B D) None of these

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Answer & Solution

Answer: Option C

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76

A defendant can pray to the court for rejection of a plaint

A) If the stamp writing is not clear B) If it is barred by another enactment of the Parliament C) If the plaint is made in a foreign language D) None of the above

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Answer & Solution

Answer: Option B

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77

The principle of constructive res-judicata was explained by the Hon'ble Supreme Court in the case of

A) Daryao v. State of Uttar Pradesh B) State of Uttar Pradesh v. Nawab Hussain C) Both A and B above D) None of the above

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Answer & Solution

Answer: Option B

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78

That a petition dismissed under Article 226 would operate as res judicata so as to bar a similar petition in the Supreme Court under Article 32 of the Constitution was held in the case of;

A) Daryao v. State of Uttar Pradesh B) Arjun Singh v. State of Madhya Pradesh C) Sudhir Chandra v. State of West Bengal D) None of the above

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Answer & Solution

Answer: Option A

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79

Under the Code of Civil Procedure where a person who is necessary party to a suit has not been joined as a party, it is a case of

A) Misjoinder B) Non-joinder C) Both A and B D) None of these

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Answer & Solution

Answer: Option B

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80

Under Order V Rule 9(3) of the Civil Procedure Code, 1908 the expenses for the service of summons to the defendant have to be born by

A) The plaintiff B) The defendant C) The court D) Partly by plaintiff and partly by defendant

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Answer & Solution

Answer: Option A

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