Code Of Civil Procedure MCQ question and answer

81

The commission to make local investigation can be issued for the purposes of
1. Collecting evidence on a fact
2. Elucidating any matter in dispute
3. Ascertaining the amount of mesne profit
4. Ascertaining the market value of the property
Which of the above are correct?

A) 1, 2 and 3 B) 2, 3 and 4 C) 1, 2, 3 and 4 D) 1 and 2

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Answer & Solution

Answer: Option B

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82

Summary procedure in relation to suits has been provided

A) Under Order XXXV of Code of Civil Procedure B) Under Order XXXVII of Code of Civil Procedure C) Under Order XXXVIII of Code of Civil Procedure D) Under Order XLIV of Code of Civil Procedure

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Answer & Solution

Answer: Option B

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83

Whether the pendency of a suit in a foreign court will preclude the courts in India from trying a suit founded on the same cause of action?

A) Yes B) No C) It will depend on the nature of the suit D) Finding will be said on valuation of the suit

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Answer & Solution

Answer: Option B

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84

Under section 96, an appeal can be preferred against a decree

A) By parties to the suit B) By strangers/third parties generally C) By the strangers to the suit with the leave of the court D) All the above

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Answer: Option A

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85

Temporary injunction may be granted:

A) To restrain any election B) To restrain dispossession from property C) To restrain any intended disciplinary action against public servant D) In all the above circumstances

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Answer: Option B

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86

For determination of an objection under section 9 of Code of Civil Procedure as to the exclusion of jurisdiction of Civil Court, the Court is to primarily see the averments made in:

A) Plaint only B) Plaint and written statement only C) Plaint, written statement and replication only D) Averment made in application for return of plaint E) None of these

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Answer & Solution

Answer: Option A

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87

A decree for permanent injunction restraining the defendant from interfering with the possession of the Plaintiff, finding the possession of the Plaintiff to be settled, would operate as res judicata in a suit for partition filed by the Defendant for the same property.

A) Yes B) No C) A and B depending on facts and circumstances of each case D) A and B depending on the discretion of Court

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Answer & Solution

Answer: Option B

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88

Which of the following statement is incorrect?

A) Temporary injunctions may be granted only at the time of institution of suit B) Temporary injunctions may be granted at any stage of suit C) Temporary injunctions are regulated by the Code of Civil Procedure 1908 D) Temporary injunctions are form of preventive relief

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Answer & Solution

Answer: Option A

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89

Which of the following is correct statement in so far as section 20 of the Code of Civil Procedure, 1908, is concerned?

A) The suit has to be instituted in the court of the lowest grade competent to try it B) The suit has to be instituted in the court within the local limits of whose jurisdiction the defendant actually and voluntarily resides or carries on business or personally works for gain C) The suit has to be instituted in the court within the local limits of whose jurisdiction, the cause of action wholly or in part arises D) All the above are correct

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Answer: Option D

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90

Aggrieved person may not apply for a review of an order or judgement of a Civil Court, on one of the following grounds:

A) A decree or order from which an appeal is allowed but from which no appeal has been preferred B) A decree or order is passed in the absence of aggrieved person C) A decree or order from which no appeal is allowed D) A decision on a reference from a court of small cause

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Answer: Option B

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