Code Of Civil Procedure MCQ question and answer | Law MCQ question Page-2 section-11

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11.
Where a suit of the plaintiff is dismissed under Order IX, Rule 5 of Code of Civil Procedure, a fresh suit on the same cause of action is

A. Barred under Order IX, Rule 9 of Code of Civil Procedure

B. Not barred under Order IX, Rule 9 of Code of Civil Procedure

C. Barred under Order IX, Rule 5(2) of Code of Civil Procedure

D. Not barred under Order IX, Rule 5 of Code of Civil Procedure

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12.
Under Section 26 of the Civil Procedure Code, 1908, in every plaint, facts should be proved by

A. Affidavit

B. Oral evidence

C. Document

D. Examination of plaintiff

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13.
Section 10 of Code of Civil Procedure does not apply

A. When the previous suit is pending in the same court

B. When the previous suit is pending in a foreign court

C. When the previous suit is pending in any other court of India

D. When the previous suit is pending in a court outside India established by the Central Government

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14.
Judgment under section 2(9) means

A. A decree

B. Dismissal of an appeal summarily

C. Statement of grounds of an order or decree

D. All the above

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15.
Power to amend the issue or frame additional issues prior to passing of a decree vests in a Court by virtue of which provision of the Code of Civil Procedure, 1908?

A. Order XIV Rule 1

B. Order XIV Rule 5

C. Order XIV Rule 6

D. Section 151

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16.
The principles governing execution of decree and orders in Code of Civil Procedure are dealt within:

A. Section 36 to 74 (substantive law) and Order 21 (procedural provisions)

B. Section 36 to 74 (procedural provisions) and Order 21 (substantive law)

C. Section 148A

D. Section 148 to 153B

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17.
Mark the incorrect statement in context of a representative suit:

A. If the person suing or defending does not proceed with due diligence, the court can substitute in his place any person having the same interest in the suit

B. The suit can be withdrawn, compromised or abandoned by the plaintiff after notice to all the persons interested

C. Any decree passed in such a suit is binding on all the persons interested

D. Res judicata is not applicable to such a suit

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18.
In a suit for money a decree is passed by consent whereby the defendant is directed to pay to the plaintiff Rs. 35,000. It is further declared by the decree that the plaintiff should have a first charge on certain immovable property belonging to the defendant. Is the plaintiff entitled to have the property sold in execution of the decree without institution a regular suit for sale on the charge?

A. Yes, because there being no mortgage or charge prior to the decree, the decree cannot be said to have been obtained 'for the payment of money in satisfaction of a claim arising under the mortgage' within the meaning of O. 34 r 14

B. No, because there being no mortgage or charge prior to the decree, the decree can be said to have been obtained 'for the payment of money in satisfaction of a claim arising under the mortgage' within the meaning of O. 34 r 14

C. The immovable property must have been made security for the payment of the money before the decree was obtained, otherwise the provision of this rule do not apply

D. None of these

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19.
Which of the followings is a leading case on the exclusion of the jurisdiction of Civil Courts?

A. Dhulabhai v. State of Madhya Pradesh

B. Gundaji v. Ramchandra

C. Noor Mohd. Khan v. Fakirappa

D. All of the above

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20.
"Recording of evidence can be done with the help of electronic media, audio or audio visual", which was affirmed by the Supreme Court in case of Salem Advocate Bar Association, Tamil Nadu v. Union of India pertains to the year

A. 2001

B. 2002

C. 2003

D. 2004

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

11. Where a suit of the plaintiff is dismissed under Order IX, Rule 5 of Code of Civil Procedure, a fresh suit on the same cause of action is

Answer & Solution

12. Under Section 26 of the Civil Procedure Code, 1908, in every plaint, facts should be proved by

Answer & Solution

13. Section 10 of Code of Civil Procedure does not apply

Answer & Solution

14. Judgment under section 2(9) means

Answer & Solution

15. Power to amend the issue or frame additional issues prior to passing of a decree vests in a Court by virtue of which provision of the Code of Civil Procedure, 1908?

Answer & Solution

16. The principles governing execution of decree and orders in Code of Civil Procedure are dealt within:

Answer & Solution

17. Mark the incorrect statement in context of a representative suit:

Answer & Solution

Answer & Solution

19. Which of the followings is a leading case on the exclusion of the jurisdiction of Civil Courts?

Answer & Solution

20. "Recording of evidence can be done with the help of electronic media, audio or audio visual", which was affirmed by the Supreme Court in case of Salem Advocate Bar Association, Tamil Nadu v. Union of India pertains to the year

Answer & Solution

Read More Section(Code of Civil Procedure)

11.
Where a suit of the plaintiff is dismissed under Order IX, Rule 5 of Code of Civil Procedure, a fresh suit on the same cause of action is

12.
Under Section 26 of the Civil Procedure Code, 1908, in every plaint, facts should be proved by

13.
Section 10 of Code of Civil Procedure does not apply

14.
Judgment under section 2(9) means

15.
Power to amend the issue or frame additional issues prior to passing of a decree vests in a Court by virtue of which provision of the Code of Civil Procedure, 1908?

16.
The principles governing execution of decree and orders in Code of Civil Procedure are dealt within:

17.
Mark the incorrect statement in context of a representative suit:

19.
Which of the followings is a leading case on the exclusion of the jurisdiction of Civil Courts?

20.
"Recording of evidence can be done with the help of electronic media, audio or audio visual", which was affirmed by the Supreme Court in case of Salem Advocate Bar Association, Tamil Nadu v. Union of India pertains to the year