Code Of Civil Procedure MCQ question and answer

1

Which of the following combinations are correctly matched?
1. Judgement and decree ⇔ Section 34, Code of Civil Procedure
2. Costs ⇔ Section 35, Code of Civil Procedure
3. Institution of suits ⇔ Section 26, Code of Civil Procedure
4. Legal representative ⇔ Section 50, Code of Civil Procedure
Select correct answer:

A) 2, 3 and 4 B) 1, 2 and 3 C) 1, 3 and 4 D) 1, 2 and 4

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Answer & Solution

Answer: Option A

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2

Which of the following deals with the transfer of decree in the Code of Civil Procedure?

A) Section 41 B) Section 36 C) Section 39 D) Section 52

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Answer & Solution

Answer: Option C

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3

After signing of judgment or final order, the same can be altered or reviewed only for the purpose of:"

A) Amending the findings B) For enhancing or remitting the amount of costs C) For correcting the clerical or arithmetical error D) None of the above

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Answer & Solution

Answer: Option C

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4

Which one of following conditions must be satisfied in order to apply the rule of res judicata as between co-defendants?

A) There should not be conflict of interest between the defendants B) They must be co-defendants in more than one suit C) The question between the defendants must have been finally decided D) The question between the defendants must not have been finally decided

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Answer & Solution

Answer: Option C

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5

Failure of the judgment debtor to file affidavit of assets under Order XXI Rule 41(b) of the Code of Civil Procedure can result in:

A) Civil imprisonment up to three months for the judgment debtor B) Civil imprisonment up to six months from the judgment debtor C) Civil imprisonment up to nine months from the judgment debtor D) Imposition of fine on the judgment debtor of the decretal amount

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Answer & Solution

Answer: Option A

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6

Where the defendant is absent at the time when service of summons is sought to be effected on him at his residence, there being no likelihood of his availability within reasonable time and in absence of an empowered agent, the service may be made on

A) Any adult male member of his family B) Any adult female member of his family C) A servant engaged by the defendant at his residence D) Both A and B

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Answer & Solution

Answer: Option D

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7

Objection as to non-joinder or mis-joinder of parties under Order 1, Rule 13 of Code of Civil Procedure

A) Can be taken at any stage of the proceedings B) Should be taken at the earliest possible opportunity or shall be invalid C) Can be taken in appeal or revision for the first time D) Either A or C

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Answer & Solution

Answer: Option B

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8

Abatement of suit can be set aside

A) Under Order XXII, Rule 9 of Code of Civil Procedure B) Under Order XXII, Rule 10 of Code of Civil Procedure C) Under Order XXII, Rule 11 of Code of Civil Procedure D) None of the above

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Answer & Solution

Answer: Option A

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9

Under Order IX, Rule 8 of Code of Civil Procedure, a suit can be dismissed if

A) On the date of hearing only the defendant appears and the plaintiff does not appear B) On the date of hearing neither party appears C) Court fee or postal charges are not paid by the plaintiff for issuance of summons to the defendant D) All the above

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Answer & Solution

Answer: Option A

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10

Arrest and detention of a person in civil imprisonment in execution of a decree:

A) Absolves him from liability under the decree but can be re-arrested B) Does not absolve him and the person cannot be re-arrested C) Does not absolve him and the person can be re-arrested D) Absolves him from liability altogether and cannot be re-arrested

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Answer & Solution

Answer: Option B

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