Code Of Civil Procedure MCQ question and answer

81

Amendment of pleadings is allowed under Code of Civil Procedure, 1908 for the purpose of

A) Saving the time of the court B) Saving the time of the parties C) Determining the real question involved in the controversy D) None of the above

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Answer & Solution

Answer: Option C

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82

Lodging of caveat under Section 148-A of Code of Civil Procedure

A) Entitles the caveat or to receive notice of the application B) Makes the caveat or a party to the suit C) Both A and B D) None of the above

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Answer & Solution

Answer: Option A

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83

An application for restoration of the suit under Order IX, Rule 4 of Code of Civil Procedure or under Order

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

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Answer & Solution

Answer: Option B

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84

Under Section 114, a person can apply for review of judgment when:

A) He is aggrieved by a decree/order from which an appeal is allowed, but no appeal is allowed B) He is aggrieved by a decree/order from which no appeal is allowed C) He is aggrieved by a decision on a reference from a court of small causes D) All of the above

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Answer & Solution

Answer: Option D

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85

Procedure in case of death of one of several plaintiffs or of the sole plaintiff has been provided

A) Under Order XXII, Rule 2 of Code of Civil Procedure B) Under Order XXII, Rule 3 of Code of Civil Procedure C) Under Order XXII, Rule 4 of Code of Civil Procedure D) Under Order XXII, Rule 6 of Code of Civil Procedure

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Answer & Solution

Answer: Option A

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86

When a party is called upon by notice to admit facts by the other party, under Order XII, Rule 4 of Code of Civil Procedure, the party on whom the notice has been served has to admit the facts within

A) 15 days of the service of notice B) 9 days of the service of notice C) 7 days of the service of notice D) 6 days of the service of notice

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Answer & Solution

Answer: Option B

Solution:

Order XII, Rule 4 of the Code of Civil Procedure deals with the procedure for admitting facts during a civil suit to streamline the trial.

When a party serves a "notice to admit facts" to the opposite party, it is essentially requesting them to confirm certain facts to avoid unnecessary litigation over those matters.

As per Order XII, Rule 4, the party on whom the notice is served is required to respond within 15 days from the date of service of the notice.

This time frame allows the party enough opportunity to either admit or deny the facts formally in writing.

Hence, the correct time limit prescribed under the CPC is 15 days, and the other options (9, 7, and 6 days) are incorrect.

87

Order 7 Rule 1 of Civil Procedure Code, 1908 is related to

A) Pleadings's meaning B) Written statement C) Particulars to be contained to plaint D) None of the above

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Answer & Solution

Answer: Option C

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88

Which of the following deals with fixing day for appea-rance of defendant in the Code of Civil Procedure?

A) Order 5, Rule 6 B) Order 2, Rule 2 C) Order 6, Rule 10 D) Order 4, Rule 8

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Answer & Solution

Answer: Option A

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89

In which of the following Explanation V of section 11 of the Code of Civil Procedure does not apply?

A) If the relief claimed is substantial relief B) If the relief claimed is obligatory on the court to grant C) Both A and B D) None of these

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Answer & Solution

Answer: Option C

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90

In which of the following cases the Supreme Court in India held that a foreign judgment is recognized in India on considerations of justice, equity and good conscience

A) Daryao v. State of Uttar Pradesh, AIR 1961 SC 1457 B) Mathura Prasad v. Doseibai, AIR 1971 SC 2355 C) Satya v. Teja Singh, AIR 1975 SC 105 D) Kiran Singh v. Chaman Pasuian, AIR 1954 SC 340

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Answer & Solution

Answer: Option C

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