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

Order VI Rule 17 of the Code of Civil Procedure, 1908
Order VI Rule 17 of the CPC provides for the amendment of pleadings in a suit. It allows a party to alter, modify, or add to their pleadings at any stage of the suit, subject to the discretion of the court. The objective of this provision is to ensure that justice is served by allowing parties to correct errors, clarify claims, or introduce necessary facts, provided such amendments do not cause prejudice to the other party.

Explanation of the Correct Answer
The correct answer is Option A: 1 and 2.

Statement 1: "In case the changes carried out in the pleading do not change the relief claimed for."
This statement is correct. Amendments to pleadings should generally not change the fundamental nature of the case. While modifications to factual claims or clarifications can be allowed, a complete change in relief sought would not be permitted, as it would essentially amount to filing a new suit. The Supreme Court has repeatedly emphasized that amendments should not introduce a wholly new cause of action.

Statement 2: "At any stage of the suit."
This statement is correct. The court has the power to allow an amendment at any stage of the proceedings, including trial, appeal, or even execution, provided it is necessary for the determination of the real issues between the parties. However, amendments sought at a later stage are scrutinized more strictly, and delays must be justified.

Why Other Options Are Incorrect
Statement 3: "Without imposing costs."
This statement is incorrect. While courts may allow amendments, they often impose costs on the party seeking the amendment, especially if the amendment causes delays or inconveniences the other party. Costs serve as a deterrent against frivolous or negligent amendments.

Statement 4: "Of an application filed for interim relief."
This statement is incorrect. Order VI Rule 17 applies to amendments in pleadings, which include the plaint and written statement, not to applications for interim relief. Interim applications are governed by different provisions of the CPC.

Conclusion
Since Statements 1 and 2 are correct, the correct answer is Option A: 1 and 2.

Order 8 Rule 6 of the Code of Civil Procedure (CPC) deals with set-off.

A set-off is a right of a defendant to reduce the amount claimed by the plaintiff by deducting a debt owed to the defendant by the plaintiff. It's essentially a counterclaim, but limited to monetary claims.

Option B is correct: Set-off may be permitted if the set-off claimed by the defendant is an ascertained sum of money. Order 8 Rule 6 specifically allows set-offs where the defendant's claim against the plaintiff is for a specific, clearly defined amount of money. The amount must be readily calculable and not subject to dispute regarding its existence or quantification.

Option A is incorrect: A suit for the recovery of property doesn't automatically bar a set-off. While a set-off typically involves monetary claims, the CPC doesn't explicitly exclude set-offs in property recovery suits if a counterclaim involving a specific monetary debt exists.

Option C is incorrect: The value of the property recoverable is irrelevant to the applicability of Order 8 Rule 6. The rule focuses on the nature of the defendant's counterclaim (an ascertained sum of money), not the value of the plaintiff's claim.

Option D is incorrect: While a written statement is generally required from the defendant, the filing of a written statement itself doesn't determine the permissibility of a set-off. The key factor is whether the defendant's claim is an ascertained sum of money as per Order 8 Rule 6.

Order VII, Rule 11 of the Code of Civil Procedure, 1908
Order VII, Rule 11 of the CPC provides the grounds for the rejection of a plaint. A court may reject a plaint if it does not disclose a cause of action, is barred by law, lacks necessary court fees, or is filed in a court without jurisdiction. This provision ensures that frivolous or legally untenable suits do not proceed to trial.

Order VII, Rule 13 of the Code of Civil Procedure, 1908
Order VII, Rule 13 states that the rejection of a plaint under Rule 11 does not preclude the plaintiff from filing a fresh suit on the same cause of action. This means that rejection of a plaint does not operate as a bar to a new suit, provided that the defects leading to the rejection are rectified in the subsequent filing.

Explanation of the Correct Answer
The correct answer is Option B: Is not barred at all.

Why Option B is Correct?
Order VII, Rule 13 clearly states that when a plaint is rejected under Rule 11, the plaintiff is not barred from filing a fresh suit on the same cause of action. Unlike dismissal on merits, which creates a res judicata bar, rejection under Rule 11 is procedural in nature and does not prevent the plaintiff from refiling the suit with necessary corrections.

Why Other Options Are Incorrect?
Option A: "Is barred under all circumstances" – Incorrect, because Rule 13 explicitly permits the filing of a fresh suit after rejection.

Option C: "Can be filed with the leave of the court" – Incorrect, because there is no requirement under Rule 13 to obtain permission from the court. The plaintiff can refile the suit independently.

Option D: "Either B or C" – Incorrect, because only Option B is correct. There is no requirement to seek the court's leave for refiling the suit.

Conclusion
Since Order VII, Rule 13 explicitly allows a fresh suit after rejection under Rule 11, the correct answer is Option B: Is not barred at all.

Mesne Profits: Definition
Section 2(12) of the Code of Civil Procedure (CPC) defines mesne profits as the profits which a person in wrongful possession of property has actually received or might with reasonable diligence have received during the period of his wrongful possession.

Explanation of Correct Option (A):
Option A, "Such property actually received or might have received together with interest," is the correct answer because it accurately reflects the definition. The "might have received" clause acknowledges that even if the wrongful possessor didn't actively collect all possible profits, they are still liable for what they could have received with reasonable effort. The inclusion of "together with interest" is crucial; the wrongful possessor isn't just accountable for the profits themselves but also for interest on those profits, representing compensation for the delay in receiving them by the rightful owner.

Why Other Options are Incorrect:
Option B is incorrect because it includes "profits due to improvements made by such person." Improvements made by the wrongful possessor don't increase the mesne profits; the rightful owner is not compensated for the improvements but for the loss of use of the property.
Option C is incorrect because it excludes interest. As mentioned above, interest is a vital component of mesne profits, accounting for the delayed receipt of rightful income.
Option D is too narrow. It only considers profits "actually received," ignoring the crucial "might have received" aspect of the definition. The wrongful possessor cannot escape liability simply by not actively maximizing profits from the property.

Injunction and Disobedience of Injunction Order
An injunction is a court order restraining a party from doing a specific act or compelling them to perform a certain act. It is an equitable remedy granted to prevent irreparable harm.

If a person willfully disobeys an injunction order, they may be held liable for contempt of court, which can lead to penalties such as attachment of property, detention in civil prison, or fines. However, if the party genuinely lacks knowledge of the order, the court must consider whether the violation was intentional.

Explanation of the Correct Answer
The correct answer is Option D: None of these.

Why Option D is Correct?
In cases of alleged disobedience of an injunction order, the burden is on the plaintiff to prove that the defendant had knowledge of the order and willfully disobeyed it. In this case, B pleaded lack of knowledge, and the evidence was inconclusive. Since contempt proceedings require clear and conclusive proof of willful disobedience, the court cannot impose penalties like property attachment, civil detention, or damages without sufficient evidence.

Why Other Options Are Incorrect?
Option A: "Property to 'B' to be attached" – Incorrect, because attachment of property is a severe penalty imposed only when willful disobedience is conclusively proven.

Option B: "'B' to be detained in civil prison" – Incorrect, as civil detention for contempt requires clear proof that the defendant knowingly and willfully disobeyed the injunction, which is missing in this case.

Option C: "'B' to compensate 'A' by damages" – Incorrect, because contempt proceedings do not automatically entitle the complainant to damages unless the violation is proved and damages are specifically sought in a separate claim.

Conclusion
Since there is no conclusive evidence of willful disobedience, the court cannot impose penalties. Therefore, the correct answer is Option D: None of these.

Order XVIII, Rule 4(4) of the Code of Civil Procedure, 1908
Order XVIII of the CPC deals with the hearing of suits and examination of witnesses. Rule 4 pertains to the recording of evidence, particularly when evidence is recorded by a Commissioner appointed by the court.

Sub-rule (4) specifically states that any objection raised during the recording of evidence by the Commissioner shall be recorded by him and later decided by the court at the stage of arguments. This ensures that objections are documented but do not cause unnecessary interruptions in the evidence collection process.

Explanation of the Correct Answer
The correct answer is Option B: Shall be recorded by him and decided by the court at the stage of arguments.

Why Option B is Correct?
The Commissioner does not have the authority to decide on objections raised during the recording of evidence. His role is limited to documenting the objections.
According to Order XVIII, Rule 4(4), such objections are reserved for decision by the court at the stage of final arguments. This prevents delays and ensures that all objections are addressed systematically by the presiding judge.

Why Other Options Are Incorrect?
Option A: "Shall be recorded by him and decided by him" – Incorrect, because the Commissioner has no power to decide objections; only the court can do so.

Option C: "Shall be recorded by him and referred to the court immediately for deciding further with the recording of evidence" – Incorrect, as the CPC does not require immediate reference of objections to the court. The objections are decided at the stage of arguments.

Option D: "Shall be recorded by him and decided by him in consultation with the court" – Incorrect, as the Commissioner has no role in deciding objections, whether independently or in consultation with the court.

Conclusion
Since Order XVIII, Rule 4(4) clearly states that objections raised during evidence recording are to be documented by the Commissioner and decided later by the court during arguments, the correct answer is Option B: Shall be recorded by him and decided by the court at the stage of arguments.

Cross-Objections Between Co-Respondents
Cross-objections are filed by a respondent in an appeal when they wish to challenge a part of the decision that was not in their favor. Generally, cross-objections are filed against the appellant, but in certain cases, they can also be filed against a co-respondent.

According to the principles laid down by courts, cross-objections between co-respondents are permitted in two key situations:

Explanation of the Correct Answer
The correct answer is Option C: Both A and B.

Why Option C is Correct?
1. Option A: "The appeal as regards certain parties cannot be disposed of without determining the question between co-respondents" – Cross-objections are permitted when the appeal's decision depends on an issue between co-respondents. If resolving the appeal requires addressing a dispute between co-respondents, the court allows such cross-objections.

2. Option B: "Where the objections are common as against the appellant and co-respondent" – If the objections raised by one respondent are also applicable to a co-respondent, cross-objections are permitted. This prevents unnecessary separate litigation and ensures that all related issues are addressed within the same appeal.

Since both conditions justify allowing cross-objections between co-respondents, Option C (Both A and B) is the correct answer.

Why Other Options Are Incorrect?
Option D: "None of these" – Incorrect, because cross-objections between co-respondents are permitted under the conditions mentioned in Options A and B.

Conclusion
Cross-objections between co-respondents are allowed when the appeal’s resolution requires determining an issue between them or when the objections are common against both the appellant and a co-respondent. Therefore, the correct answer is Option C: Both A and B.

Attachment and Sale of Property in Execution of Decree
When a court passes a decree for the recovery of money, the judgment debtor’s property can be attached and sold to satisfy the decree. However, certain properties are exempt from attachment and sale under Section 60(1) of the Code of Civil Procedure, 1908.

Explanation of the Correct Answer
The correct answer is Option C: Books of Account.

Why Option C is Correct?
   >>   Books of Account are explicitly mentioned under Section 60(1) of the CPC as exempt from attachment and sale.
   >>  These books do not have an independent monetary value and merely serve as records of financial transactions.
   >>   Courts recognize that attaching and selling books of account would not benefit the decree-holder, as they are not tangible assets that can be converted into money.

Why Other Options Are Incorrect?
Option A: "Government securities" – Incorrect, because government securities are valuable financial instruments that can be attached and sold in execution of a decree.

Option B: "Promissory Note" – Incorrect, because a promissory note represents a legal obligation to pay money, making it an attachable asset.

Option D: "Bond" – Incorrect, because bonds are financial assets that can be converted into cash, making them liable for attachment and sale.

Conclusion
Since Books of Account are specifically exempted under Section 60(1) of the CPC, they cannot be attached and sold in execution of a decree. Therefore, the correct answer is Option C: Books of Account.

Summons Under Order V, Rule 26 of the Code of Civil Procedure, 1908

Definition of Summons:
A summons is a legal document issued by a court requiring a person to appear before it. Under Order V of the CPC, the procedure for issuing and serving summons is specified.

Explanation of Order V, Rule 26:
Order V, Rule 26 of the Code of Civil Procedure, 1908, deals with the service of summons in foreign territories. It provides that summons can be served in different ways, depending on the legal arrangements in place for that foreign region.

Correct Answer: Option D: All of these

Why Option D is Correct?
Order V, Rule 26 specifies three different ways of serving summons in foreign territories:
Option A: By sending it to the political agent appointed by the Central Government in exercise of its foreign jurisdiction – When the Central Government exercises foreign jurisdiction, it may appoint a political agent to handle legal matters, including the service of summons.

Option B: Through a court established or continued with power to serve a summon issued under the code – If there exists a court in the foreign territory that has been established or recognized by Indian law for this purpose, the summons can be served through that court.

Option C: Through a court declared by the notification issued by the Central Government, situated in such foreign territory to be one service by which would be deemed to be valid, where there is no such court – If there is no such recognized court, then the Central Government can declare a specific court in that foreign country, whose service of summons would be considered valid in India.

Since all three options correctly describe different modes of serving summons under Order V, Rule 26, the correct answer is Option D: All of these.

Attachment: In the context of Code of Civil Procedure, attachment refers to the legal seizure of a debtor's property to secure a debt or judgment. The court's order prevents the debtor from disposing of the attached property.
Agricultural Produce: This refers to crops, fruits, and other products grown on agricultural land. The produce is usually considered the property of the cultivator until harvested and sold.
Acts of Husbandry: These are actions involved in the cultivation and harvesting of crops, including sowing, tilling, weeding, harvesting, and storing.
Correct Answer: B (No)
Once the court has ordered the attachment of the agricultural produce, the judgment debtor is prohibited from performing any acts of husbandry on the attached property that change its nature or value. Cutting, gathering, and storing the produce constitutes a significant alteration in the character of the attached property, as it changes it from attached standing crops to harvested and stored goods. The debtor's actions directly interfere with the court's order to attach and ultimately affect the creditor's ability to recover their debt from the proceeds of sale of that produce.
Why other options are incorrect:
Option A (Yes): This is incorrect because allowing the judgment debtor to continue acts of husbandry after attachment would defeat the purpose of the attachment order. The creditor's rights are compromised if the debtor alters the attached property.
Option C (Judgment debtor will be allowed to cut and gather but not store): This is also incorrect. Even cutting and gathering alters the nature of the attached property. The court aims to preserve the property's value and condition as it was at the time of the attachment order. Permitting the cutting and gathering steps allows the debtor to effectively evade the attachment by making the produce ready for disposal. The storage is merely the final step in that process.
Option D (None of the above): This is incorrect because option B accurately reflects the legal consequence of the judgment debtor's actions.