Code Of Civil Procedure MCQ question and answer

71

Even an indigent person too has been provided right to appeal by the Code of Civil Procedure, 1908 in

A) Order 34 B) Order 24 C) Order 43 D) Order 44

Discuss

Answer & Solution

Answer: Option D

No explanation is given for this question. Let's Discuss on Board

72

The rule of constructive res judicata is-

A) A product of judicial interpretation B) A rule of equity C) Contained expressly in Code of Civil Procedure D) A part of Supreme Court rules

Discuss

Answer & Solution

Answer: Option C

No explanation is given for this question. Let's Discuss on Board

73

A sues B for rent; B pleads abatement of rent on the ground that the area is less than that entered in the lease. The court finds that the area is greater than that shown in the lease.

A) The finding as to the excess area is not res judicata for it is only ancillary to the direct and substantial issue whether the area is equal to that shown in the lease; or less B) The finding as to the excess area is res judicata for it is ancillary to the direct and substantial issue whether the area is equal to that shown in the lease; or less C) The finding as to the excess area is not res judicata for it is ancillary to the direct and substantial issue whether the area is equal to that shown in the lease; or less D) None of these

Discuss

Answer & Solution

Answer: Option A

No explanation is given for this question. Let's Discuss on Board

74

Which of the following statements is most appropriate?

A) The institution of the appeal does not by itself operate as stay of the decree appealed against B) The appellate court has the power to stay the execution of the impugned decree C) Both A and B are correct D) Only A is correct and B is incorrect

Discuss

Answer & Solution

Answer: Option C

No explanation is given for this question. Let's Discuss on Board

75

Defendant can claim temporary injunction in a suit filed by the plaintiff

A) To prevent the suit property being alienated or damaged B) To prevent the plaintiff from dispossessing defendant from the suit properly C) To prevent the plaintiff from causing any legal injury to the defendant D) All of the above

Discuss

Answer & Solution

Answer: Option A

No explanation is given for this question. Let's Discuss on Board

76

Which of the following deals with judgment and decree in the Code of Civil Procedure?

A) Section 30 B) Section 29 C) Section 33 D) Section 25

Discuss

Answer & Solution

Answer: Option C

No explanation is given for this question. Let's Discuss on Board

77

The provisions regarding 'friendly suits' are in:

A) Section 90, Order 36 of the Code of Civil Procedure B) Section 88, Order 35 of the Code of Civil Procedure C) Order 34 of the Code of Civil Procedure D) Order 33 of the Code of Civil Procedure

Discuss

Answer & Solution

Answer: Option A

No explanation is given for this question. Let's Discuss on Board

78

In cases where the amount or value of the subject matter of the suit does not exceed fifty rupees, the period of detention under Order XXXVIII, Rule 4 of Code of Civil Procedure cannot

A) Exceed two weeks B) Exceed six weeks C) Exceed two months D) Exceed three months

Discuss

Answer & Solution

Answer: Option B

No explanation is given for this question. Let's Discuss on Board

79

A revision under Section 115 of the Civil Procedure Code 1908 shall not operate as a stay of suit or on other proceedings before the court except where such suit or other proceeding is stayed by:

A) The High Court B) The Supreme Court C) The Appellate Court D) District and Sessions Court

Discuss

Answer & Solution

Answer: Option A

No explanation is given for this question. Let's Discuss on Board

80

Under Section 148 of the Code of Civil Procedure, the Court has power to enlarge time:

A) Not exceeding 30 days in total B) Not exceeding 60 days in total C) Not exceeding 90 days in total D) As may be appropriate in the facts and circumstances of the suit

Discuss

Answer & Solution

Answer: Option A

No explanation is given for this question. Let's Discuss on Board

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