Code Of Civil Procedure MCQ question and answer

1

Where one of two or more defendants dies but legal representatives of deceased defendant are not made parties and the right to sue does not survive against rest of the defendants, then

A) The suit as a whole abates B) The suit abates against the deceased defendant only C) Suit does not abate against any one D) None of these

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Answer & Solution

Answer: Option B

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2

An application for amendment of pleadings is filed under:

A) Order 6 Rule 17 B) Order 6 Rule 5 C) Order 38 Rule 5 D) Order 21 Rule 1

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Answer & Solution

Answer: Option A

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3

Provisions relating to set off and counter claims under Civil Procedure Code, 1973 are contained in

A) Order VI B) Order VII C) Order VIII D) Order IX

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Answer & Solution

Answer: Option C

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4

Garnishee' is a person who is:

A) Defaulter B) Decree holder C) Debtor of judgement debtor D) Foreigner

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Answer & Solution

Answer: Option C

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5

Which of the following are the only constraints of the Appellate Court under O. 41, r 33?

A) The parties before the lower courts should be there before the Appellate Court B) The question raised must be properly arise out of the judgment of the lower court C) Both A and B D) None of these

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Answer & Solution

Answer: Option C

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6

A suit in representative capacity can be filed by virtue of

A) Order I, Rule 8A of Code of Civil Procedure B) Order I, Rule 10A of Code of Civil Procedure C) Order I, Rule 8 of Code of Civil Procedure D) Order I, Rule 9 of Code of Civil Procedure

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Answer & Solution

Answer: Option C

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7

The Commissioner appointed for the purposes of recording evidence (cross-examination) is obliged to submit his report to the court appointing the commission within

A) 15 days from the date of issue of the commission B) 30 days from the date of issue of the commission C) 60 days from the date of issue of the commission D) 90 days from the date of issue of the commission

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Answer & Solution

Answer: Option C

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8

A reference can be made during the pendency of the case:

A) The Subordinate Court refers the case of the High Court for the latter's opinion on a question of law B) The Subordinate Court refers the case to the High Court for the latter's opinion on a question of evidence C) The Subordinate Court refers the case to the High Court for the latter's opinion on a question of fact D) The Subordinate Court refers the case to the High Court for the Latter's opinion on a question of court procedure

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Answer & Solution

Answer: Option A

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9

Under Order VII, Rule 11 of Code of Civil Procedure

A) Part only of the plaint can be rejected B) Whole of the plaint is to be rejected C) Part only of the plaint or the whole plaint can be rejected D) It is the discretion of the court to reject the plaint in part

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Answer & Solution

Answer: Option B

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10

What is stay under section 10 Code of Civil Procedure?

A) Proceeding of suit B) Trial of suit C) Inquiry of suit D) Supplemental proceedings of suit

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Answer & Solution

Answer: Option B

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