Code Of Civil Procedure MCQ question and answer | Law MCQ question Page-4 section-17

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31.
Where the plaintiff fails to pay the court fee or postal charges for service of summons of the suit, on the defendant, the suit can be dismissed under

A. Order IX, Rule 1 of Code of Civil Procedure

B. Order IX, Rule 2 of Code of Civil Procedure

C. Order IX, Rule 3 of Code of Civil Procedure

D. Order IX, Rule 8 of Code of Civil Procedure

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32.
In an appeal under Section 100, what should be precisely stated in the memorandum of appeal?

A. Substantial question of law

B. Arguable point of law

C. Points for determination

D. All of these

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33.
Against a decree passed in a suit after recording a compromise an appeal on the ground that the compromise should not have been recorded, can be filed under:

A. Section 151 Code of Civil Procedure

B. Order XXIII, Code of Civil Procedure

C. Order XLIII, Rule 1A Code of Civil Procedure

D. None of the above

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34.
Section 25 of the Code of Civil Procedure provides for which of the following?

A. Power of the Supreme Court to transfer suits

B. Power of the High Courts to transfer suits

C. Power of District Courts to transfer suits

D. Power of Commissioner to transfer suits

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35.
Which of the following deals with application for review of judgment in the Code of Civil Procedure?

A. Order 25, Rule 5

B. Order 47, Rule 1

C. Order 22, Rule 18

D. Order 16, Rule 10

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36.
Which one of the following propositions with regard to an inter-pleader suit is incorrect?

A. Defendants claim adversely to one another

B. Plaintiff claims no interest in the subject matter in dispute other than for charges or costs

C. Real dispute must be between the plaintiff and only one of the defendants

D. Plaintiff must be ready to deliver the property to the rightful claimant

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37.
A, alleging that he is the proprietor of a village, sues B, C and D for ejectment. The defence is that A is not the proprietor and that part of the village belongs to B, C and D, and the rest to X, Y and Z. The court finds that A is not the proprietor, and A's suit is dismissed. A then sues, X, Y and Z and also B, C and D for declaration that he is the proprietor of the village and for possession.

A. The question of A's title to the village is res judicata so as to bar the suit against B, C and D, who were parties to the former suit, but it is not res judicata so as to bar the suit against X, Y and Z who were not parties to the former suit

B. It cannot be said that B, C and D litigated in the former suit in respect of a private right claimed in common for them and X, Y and Z. They set up only their own right to a part of the property and as to the rest they alleged that it belonged to X, Y and Z

C. Both A and B

D. None of these

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38.
For the purpose of amendment of pleadings under Order VI Rule 17 Code of Civil Procedure, the commencement of trial takes place

A. When the issues are framed

B. When the affidavits in evidence are filed

C. When the affidavits in evidence are tendered by the witness

D. Once cross-examination begins

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39.
Which of the following can be contemplated as written contracts under Order XXXVII of Code of Civil Procedure

A. Bills/invoices

B. Acknowledgment or a signed statement of account

C. Both A and B

D. Neither A nor B

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40.
Where a plaintiff fails to present the required copy/copies of the plaint alongwith the requisite fee within the prescribed period under Order VII, Rule 9 of Code of Civil Procedure from the date of the order of serving of summons on the defendant, the plaint is liable to be

A. Rejected

B. Dismissed for non-prosecution

C. Dismissed in default

D. Neither A nor B nor C

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

31. Where the plaintiff fails to pay the court fee or postal charges for service of summons of the suit, on the defendant, the suit can be dismissed under

Answer & Solution

32. In an appeal under Section 100, what should be precisely stated in the memorandum of appeal?

Answer & Solution

33. Against a decree passed in a suit after recording a compromise an appeal on the ground that the compromise should not have been recorded, can be filed under:

Answer & Solution

34. Section 25 of the Code of Civil Procedure provides for which of the following?

Answer & Solution

35. Which of the following deals with application for review of judgment in the Code of Civil Procedure?

Answer & Solution

36. Which one of the following propositions with regard to an inter-pleader suit is incorrect?

Answer & Solution

Answer & Solution

38. For the purpose of amendment of pleadings under Order VI Rule 17 Code of Civil Procedure, the commencement of trial takes place

Answer & Solution

39. Which of the following can be contemplated as written contracts under Order XXXVII of Code of Civil Procedure

Answer & Solution

40. Where a plaintiff fails to present the required copy/copies of the plaint alongwith the requisite fee within the prescribed period under Order VII, Rule 9 of Code of Civil Procedure from the date of the order of serving of summons on the defendant, the plaint is liable to be

Answer & Solution

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31.
Where the plaintiff fails to pay the court fee or postal charges for service of summons of the suit, on the defendant, the suit can be dismissed under

32.
In an appeal under Section 100, what should be precisely stated in the memorandum of appeal?

33.
Against a decree passed in a suit after recording a compromise an appeal on the ground that the compromise should not have been recorded, can be filed under:

34.
Section 25 of the Code of Civil Procedure provides for which of the following?

35.
Which of the following deals with application for review of judgment in the Code of Civil Procedure?

36.
Which one of the following propositions with regard to an inter-pleader suit is incorrect?

38.
For the purpose of amendment of pleadings under Order VI Rule 17 Code of Civil Procedure, the commencement of trial takes place

39.
Which of the following can be contemplated as written contracts under Order XXXVII of Code of Civil Procedure

40.
Where a plaintiff fails to present the required copy/copies of the plaint alongwith the requisite fee within the prescribed period under Order VII, Rule 9 of Code of Civil Procedure from the date of the order of serving of summons on the defendant, the plaint is liable to be