1
In which of the following cases can C set off the claim?
A)
A sues C on a Bill of Exchange C alleges that A has wrongfully neglected to insure C's goods and is liable to pay in compensation
B)
A sues Band C for Rs. 1000 the debt is due to C by A alone
C)
A sues B and C for Rs. 1000 the debt is due to C by A alone
D)
A sues C on a bill of exchange of Rs. 500. C holds a judgement against A for recovery of debt of Rs. 1,000
Answer & Solution
Answer: Option
D
2
Court may not issue a commission:
A)
To examine any person
B)
To examine accounts
C)
To perform any ministerial act
D)
To arrest a person
Answer & Solution
Answer: Option
D
3
Consequent to failure of conciliation the Presiding Officer of the conciliation forum can refer the matter again to court under
A)
Order X, Rule 1B of Code of Civil Procedure
B)
Order X, Rule 1C of Code of Civil Procedure
C)
Order X, Rule 3 of Code of Civil Procedure
D)
Order X, Rule 4 of Code of Civil Procedure
Answer & Solution
Answer: Option
B
4
Order XXXVII of the Code of Civil Procedure applies to a suit:
A)
Upon bills of exchange, hundies and promissory notes and suits in which the plaintiff seeks only to recover a debt or liquidated demand in money payable by the defendant arising on a written contract or on an enactment or on a guarantee
B)
Upon bills of exchange, hundies and promissory notes and suits in which the plaintiff seeks only to recover a debt or liquidated demand in money payable by the defendant arising on a written contact or on an enactment or on a guarantee or for recovery of receivables instituted by any assignee of a receivable
C)
On payment of double the court fees
D)
For compensation for defamation
Answer & Solution
Answer: Option
B
5
A private transfer or delivery of the property attached made in pursuance of any contract for such transfer or delivery entered into an registered before the attachment, by virtue of section 64(2) of Code of Civil Procedure, shall be
A)
Void
B)
Voidable
C)
Valid
D)
Invalid
Answer & Solution
Answer: Option
C
6
Civil Procedure Code: A decision or finding given by Court without jurisdiction
A)
Can operate as res-judicata under all circumstances
B)
Cannot operate as res-jusdicata
C)
Can operate as res-judicata under certain circumstances only
D)
May operate as res-judicata or may not operate as res-judicata
Answer & Solution
Answer: Option
B
7
Which of the following statements is incorrect:
A)
Temporary injunction may be granted only at the time of institution of a suit
B)
Temporary injunction may be granted at any stage of a suit
C)
Temporary injunctions are regulated by the Code of Civil Procedure, 1908
D)
Temporary injunctions are a form of preventive relief
Answer & Solution
Answer: Option
A
8
Where a person commits a public nuisance
A)
He is liable to criminal prosecution under Indian Penal Code
B)
Suit may be filed against him under section 91 of Civil Procedure Code
C)
Suit for damages may be filed against him
D)
All the above
Answer & Solution
Answer: Option
D
9
Section 10 of the Civil Procedure Code, 1908 does not apply when the previous suit is pending
A)
In the same court
B)
In a foreign court
C)
In the court outside India established or continued by the Central Government
D)
In any other court in India
Answer & Solution
Answer: Option
B
10
Code of Civil Procedure contains
A)
50 Orders
B)
51 Orders
C)
52 Orders
D)
53 Orders
Answer & Solution
Answer: Option
B