Code Of Civil Procedure MCQ question and answer

81

Every suit shall be instituted in the court of the lowest grade competent to try it. This provision relates to

A) Territorial jurisdiction B) Pecuniary jurisdiction C) Both A and B D) Jurisdiction as to subject-matter

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Answer & Solution

Answer: Option C

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82

Which of following types of suit does not come under the scope of section 92 of the Code of Civil Procedure?

A) There is a trust created for public purposes of a charitable or religious nature B) There is a breach alleged of such trust, or the direction of the court is deemed necessary for the administration of such trust C) The relief claimed is one or other of the beliefs mentioned in the section D) All of these

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Answer: Option D

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83

Which of the following provisions of the Code of Civil Procedure precludes a plaintiff from instituting a fresh suit?

A) Order 9, Rule 9 B) Order 11, Rule 21(2) C) Order 22, Rule 9 D) All of the above

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Answer: Option D

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84

Which of the following deals with the Execution of decrees passed by Revenue Court in places to which this Code does not extend in the Code of Civil Procedure?

A) Section 44 B) Section 36 C) Section 40 D) Section 52

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Answer: Option A

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85

Every decree and order passed by the court is appealable. Is it true?

A) Yes B) No C) All orders are appealable but all decrees are not appealable D) None of the above

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Answer: Option B

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86

Which one of the following does not find a place under the provision on Sec. 94, Code of Civil Procedure relating to supplemental proceedings?

A) Arrest before judgement B) Attachment before judgement C) Temporary injunction D) Appointment of executors

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Answer: Option D

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87

The time schedule contained in Order VIII, Rule 1 of Code of Civil Procedure is to be

A) Followed as a rule and departure therefrom shall also be a rule B) Followed as a rule and departure therefrom would be an exception C) Followed as a rule and there is no scope for any departure therefrom D) Followed as an absolute rule as it imposes an embargo on the power of the court to extend the time

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Answer: Option B

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88

"Mere production of a Photostat copy of a decree of a foreign court is not sufficient. It is required to be certified by a representative of Central Government in America" was held by the Supreme Court in:

A) Narasimha Rao v. Venkata Lakshmi B) Roshanlal v. R. B. Mohan Singh C) Venkata Lakshmi v. Narasimha Rao D) None of the above

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Answer: Option A

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89

Which of the following does not include in the definition of 'decree' given under Code of Civil Procedure, 1908

A) Rejection of a plaint B) Determination of question under Section 144 of the Code of Civil Procedure C) Any order of dismissal for default D) None of the above

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Answer: Option C

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90

In which one of the following cases, it is held that "Inherent powers has not been conferred on a court, it is a power inherent in a court"?

A) Rajni Bai v. Kamla Devi B) Satyabrat Biswas v. Kalyan Kumar Kisku C) P. C. Jairath v. Amrit Jairath D) Manohar Lal v. Seth Hiralal

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Answer: Option D

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