Code Of Civil Procedure MCQ question and answer

71

Section 89 of the Civil Procedure Code, 1908 provides

A) Settlement of disputes outside the court B) Having opinion from an expert C) Issuing commission for getting opinion D) None of the above

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Answer & Solution

Answer: Option A

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72

In execution of a decree for the maintenance, salary of a person can be attached to the extent of

A) One-fourth B) One-third C) Two-third D) One-half

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Answer & Solution

Answer: Option B

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73

Attachment of property attached shall remain operative under Order 39, Rule 2A of Code of Civil Procedure for a period of:

A) Six months B) Three months C) One year D) Seven years

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Answer & Solution

Answer: Option C

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74

Where immovable property is sold in execution of a decree and such sale has become absolute. When the property shall be deemed to have vested in the purchaser?

A) From the tine when the sale becomes absolute B) From the time when the property is sold C) From the time when the suit was instituted D) From the time when the decree was passed

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Answer & Solution

Answer: Option A

Solution:

In the context of the Code of Civil Procedure, when immovable property is sold in execution of a decree, it typically vests in the purchaser from the time when the sale becomes absolute. This means that once the sale is finalized and no objections or challenges remain, the property is considered to have been transferred to the purchaser.

Therefore, the correct answer is Option A: From the time when the sale becomes absolute. The other options (B, C, and D) do not accurately represent the legal process of when the property vests in the purchaser in such cases.

75

For non-compliance of Section 80 of the Code of Civil Procedure:

A) The suit is to be dismissed on very first day B) The suit is to be admitted but summons have to be issued of a date after two months C) The plaint is to be returned D) Costs have to be imposed

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Answer & Solution

Answer: Option C

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76

Which of the following is not a supplemental proceeding?

A) Grant of temporary injunction B) Appointment of a receiver C) Direction to defendant to furnish security D) Issuance of a commission

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Answer & Solution

Answer: Option D

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77

Documents which are not admitted in evidence under Order XIII, Rule 7 of Code of Civil Procedure, shall

A) Form part of the record B) Not form part of the record and shall be returned to the party in whose name the same stand C) Not form part of the record and shall be returned to the person(s) producing them D) Either B or C

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Answer & Solution

Answer: Option C

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78

Which of the following, in respect of set-off is correct

A) Set-off can be claimed in a suit for recovery of money B) The amount claimed must be ascertained amount C) The amount claimed to be set off must be legally recoverable and not barred by limitation D) All the above

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Answer & Solution

Answer: Option D

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79

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 12 of Code of Civil Procedure D) Under Order IX, Rule 13 of Code of Civil Procedure

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Answer & Solution

Answer: Option D

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80

A private transfer and delivery of property attached under section 64(2) of the Civil Procedure Code 1908 shall not be void:

A) If made in pursuance of any contract for such transfer or delivery entered into and registered before the attachment B) If made in pursuance of any contract for such transfer or delivery entered into before the attachment but registered after the attachment C) Both A and B D) None of the above

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Answer & Solution

Answer: Option A

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