Code Of Civil Procedure MCQ question and answer | Law MCQ question Page-7 section-5

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61.
Pecuniary jurisdiction of civil court is specified in-

A. A. P. Court Fees and Suits Valuation Act, 1956

B. A. P. Civil Courts Act, 1972

C. Civil Procedure Code

D. Civil Rules of Practice

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62.
Which of the following is not true of res-judicata

A. It can be invoked in a separate subsequent proceedings

B. It can be invoked at a subsequent stage in the same proceedings

C. It can not be invoked at a subsequent stage in the same proceedings but only in a separate subsequent proceedings

D. Both B and C

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63.
"Nemo debet bis vexari pro una et eaden causa" refers to

A. Res Sub judice

B. Res Judicata

C. Appeal

D. Revision

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64.
A civil suit was repeatedly fixed by the trial court for examination of the defendant's witnesses but the said opportunity was not availed by the defendant, therefore on 18^th November 2016 when neither the defendant nor his counsel had appeared, the trial court had proceeded ex parte and heard the final arguments and reserved the case for judgement. On 28^th November 2016 the defendant had filed an application under Order 9 Rule 7 read with section 151 of the Code of Civil Procedure which is

A. Maintainable

B. Non-maintainable

C. Matter of discretion of the court to accept or not

D. Matter of inherent power of the court to accept or not

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65.
In a suit under Order XXXVII, Rule 2 of Code of Civil Procedure the defendant has to put in appearance within

A. 10 days of service of summon

B. 15 days of service of summon

C. 30 days of service of summon

D. 60 days of service of summon

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66.
Amendment in pleading shall be effective

A. From the date of pleading

B. From the date of application

C. From the date of the order

D. Either B or C

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67.
If a plaintiff fails to sue for the whole of the claim which he is entitled to make in respect of a cause of action in the first suit, then he is precluded from suing in the suit in respect of portion so omitted, by virtue of

A. Order II, Rule 2 of Code of Civil Procedure

B. Order II, Rule 3 of Code of Civil Procedure

C. Order II, Rule 4 of Code of Civil Procedure

D. Order II, Rule 5 of Code of Civil Procedure

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68.
Which of the following propositions is incorrect is so far as the power to permit amendment of pleadings, under Order VI Rule 17 of the Code of Civil Procedure is concerned?

A. Amendment of the pleadings must be allowed at any stage of the proceedings, before the trial has commenced

B. Amendment which cause prejudice to the other side may not be allowed by the court

C. The basic or cardinal test for deciding whether an amendment should or should not be allowed is the "real controversy test"

D. The court is normally proscribed, from deciding the correctness or falsity of the case in the amendment when deciding an application for amendment

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69.
'Res judicata' does not apply to:

A. Between co-plaintiffs

B. Between co-defendants

C. Public interest litigation

D. Writ of habeas corpus

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70.
In case the suit has been instituted in a court having no jurisdiction, territorial or pecuniary, the plaint is liable to be

A. Returned

B. Rejected

C. Either A or B

D. None of the above

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

61. Pecuniary jurisdiction of civil court is specified in-

Answer & Solution

62. Which of the following is not true of res-judicata

Answer & Solution

63. "Nemo debet bis vexari pro una et eaden causa" refers to

Answer & Solution

Answer & Solution

65. In a suit under Order XXXVII, Rule 2 of Code of Civil Procedure the defendant has to put in appearance within

Answer & Solution

66. Amendment in pleading shall be effective

Answer & Solution

67. If a plaintiff fails to sue for the whole of the claim which he is entitled to make in respect of a cause of action in the first suit, then he is precluded from suing in the suit in respect of portion so omitted, by virtue of

Answer & Solution

68. Which of the following propositions is incorrect is so far as the power to permit amendment of pleadings, under Order VI Rule 17 of the Code of Civil Procedure is concerned?

Answer & Solution

69. 'Res judicata' does not apply to:

Answer & Solution

70. In case the suit has been instituted in a court having no jurisdiction, territorial or pecuniary, the plaint is liable to be

Answer & Solution

Read More Section(Code of Civil Procedure)

61.
Pecuniary jurisdiction of civil court is specified in-

62.
Which of the following is not true of res-judicata

63.
"Nemo debet bis vexari pro una et eaden causa" refers to

65.
In a suit under Order XXXVII, Rule 2 of Code of Civil Procedure the defendant has to put in appearance within

66.
Amendment in pleading shall be effective

67.
If a plaintiff fails to sue for the whole of the claim which he is entitled to make in respect of a cause of action in the first suit, then he is precluded from suing in the suit in respect of portion so omitted, by virtue of

68.
Which of the following propositions is incorrect is so far as the power to permit amendment of pleadings, under Order VI Rule 17 of the Code of Civil Procedure is concerned?

69.
'Res judicata' does not apply to:

70.
In case the suit has been instituted in a court having no jurisdiction, territorial or pecuniary, the plaint is liable to be