Code Of Civil Procedure MCQ question and answer

1

Where the liability in relation to sum adjudged has not arisen out of a commercial transaction, the maximum yearly rate of interest awardable under section 34(1) of the Code of Civil Procedure from the date of decree for payment of money to date of payment is:

A) 12% B) 18% C) 10% D) 6%

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Answer & Solution

Answer: Option D

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2

Which is the case of which notice to all the persons interested in a representative suit need not be given?

A) Abandonment of the suit B) Withdrawal of the suit C) Recording of compromise in a suit D) Addition of a new defendant in a suit

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Answer & Solution

Answer: Option D

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3

The plaint shall be rejected:

A) If it does not disclose a cause of action B) Where suit appears to be barred by any law C) Where it is not filed in duplicate D) All the above

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Answer & Solution

Answer: Option D

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4

Which of the following is correct:

A) Section 113 Review, Section 114 Revision, Section 115 Reference of the Code of Civil Procedure B) Section 113 Reference, Section 114 Review, Section 115 Revision of the Code of Civil Procedure C) Section 113 Reference, Section 114 Revision, Section 115 Review of the Code of Civil Procedure D) None of the above

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Answer & Solution

Answer: Option B

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5

In a suit against the State Government, who may sign the plaint on behalf of the Government?

A) Governor of the State B) Chief Minister of the State C) Chief Secretary of the State D) A person who by a general or special order appointed in this behalf by the Government

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Answer & Solution

Answer: Option D

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6

Once revision is made before the court under the Code of Civil Procedure, 1908, it

A) Acts as a stay on the proceedings B) Acts as a res-judicata on the issues C) Acts as an injunction for immediate relief D) Shall not operate as a stay of suit or other proceeding before the court except where such suit or proceeding is stayed by the court

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Answer & Solution

Answer: Option D

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7

In case a party to the suit dies and no application moved for the substitution of the legal representatives within the statutory period, under Order XXII, Rule 19 of Code of Civil Procedure

A) The suit automatically abates on the expiry of the statutory period for moving the application without any formal order of the court B) The suit automatically abates on the expiry of the statutory period for moving the application, however, there has to be a formal and specific order of the court to that effect C) The suit does not abate automatically on the expiry of the statutory period for moving the application and a formal and specific order of the court to that effect is a must D) The suit is to be stayed till the application is presented

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Answer & Solution

Answer: Option A

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8

Attachment before judgment can be removed under Order XXXVIII, Rule 9 of Code of Civil Procedure

A) On dismissal of the suit B) On furnishing of security required by the defendant C) On A and B both D) Only A and not B

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Answer & Solution

Answer: Option C

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9

Which of the following statements is/are correct?
1. The expression "decree" includes a final order.
2. Garnishee is a person who is liable to pay a debt to a decree-holder or to deliver any movable property to him.
Select the correct statement:

A) 1 only B) 2 only C) Both 1 and 2 D) Neither 1 nor 2

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Answer & Solution

Answer: Option A

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10

Under Order XXXIII, Rule 9 of Code of Civil Procedure, permission to sue as pauper can be withdrawn

A) If the plaintiff is guilty of vexatious or improper conduct in the course of the suit B) If the plaintiff has entered into an agreement with reference to subject-matter of the suit creating an interest in that person C) Both A and B D) Neither A nor B

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Answer & Solution

Answer: Option C

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