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Code of Civil Procedure (CPC) solved MCQs

3 of 4 sets

51. Under the Code the provision of notice before instituting a suit against the Governmentis given in–

A. section 82

B. section 80

C. section 79

D. section 78

Discussion
B.section 80

52. Inherent powers of the Court can be exercised under the Code–

A. to help the plaintiff

B. to help the defendant

C. for the ends of justice or to prevent abuse of the process of the court

D. to grant interim relief

Discussion
C.for the ends of justice or to prevent abuse of the process of the court

53. A residing in Dehradun, beats B in Delhi. B may sue A under the Code–

A. delhi

B. dehradun x
C. either (a) or (b)

D. only (a) not (b)

Discussion
C.either (a) or (b)

54. A person may sue a foreign State–

A. only with the consent of the central government

B. with the consent of the president of india

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B. with the consent of the president of india
x
C. with the consent of the state government

D. both (a) and (c) above

Discussion
A.only with the consent of the central government

55. Objection as to place of suing shall be allowed in the Court of first instance is theessence of–

A. section 22

B. section 21a

C. section 21

D. section 20

Discussion
C.section 21

56. Where it appears to the Court that there exist element of a settlement the Court shall

A. leave the matter undecided

B. decide the matter itself

C. refer the same for arbitration, conciliation or mediation

D. none of the above

Discussion
C.refer the same for arbitration, conciliation or mediation

57. A decree for execution cannot be sent to a–

A. foreign court

B. court outside india established by the authority of central government

C. both (a) and (b) above

D. neither (a) nor (b)

Discussion
A.foreign court

58. Which of the following must be stated in the pleadings–

A. facta probanda

B. facta probantia

C. both (a) and (b) above

x
D. neither (a) nor (b)

Discussion
A.facta probanda

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59. Agreement between the parties to institute the suit relating to disputes in a particularCourt–

A. does not oust the jurisdiction of other courts

B. may operate-as estoppels between the parties

C. both (a) and (b) above

D. none of the above

Discussion
C.both (a) and (b) above

60. The Doctrine of res judicata applies to–

A. changing circumstances

B. static situations

C. both (a) and (b) above

D. none of the above

Discussion
B.static situations

61. An order allowing or disallowing an application for amendment is–

A. appealable

B. a decree

C. an appealable order

D. none of the above

Discussion
D.none of the above

62. The defendant against whom an exparte decree has been passed can prefer an appealunder

A. order 9 rule 13

B. order 47 rule 1

C. section 96(2) x
D. none of the above

Discussion
C.section 96(2)

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63. Where the relief claimed by the plaintiff is undervalued and the valuation is not correctedwithin the time fixed or
extended by the Court–

A. the plaint may be rejected

B. the plaint will be rejected

C. the plaint will be returned

D. either (a) or (c)

Discussion
B.the plaint will be rejected

64. Which of the following does not deals with final determination of contested questionsand have the binding effect
in future litigation

A. res subjudice

B. res judicata

C. stare decisis

D. both (a) and (b)

Discussion
A.res subjudice

65. Among the following cases in which the test of res judicata between codefendants hasbeen laid down by the
Supreme Court–

A. sobhag singh v. jai singh

B. jai narain v. kedar nath

C. mahboob shab v. syed ismail

D. sheodan singh v. daryao kanwar x

Discussion
C.mahboob shab v. syed ismail

66. Which of the following operate as res judicata–

A. a withdrawal of suit

B. an exparte decree

C. a compromise decree

D none of the above

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D. none of the above
x
Discussion
B.an exparte decree

67. The provisions relating to abatement do not apply to–

A. appeals

B. execution proceedings

C. both (a) and (b) above

D. none of the above

Discussion
B.execution proceedings

68. Interrogatories shall be answered by affidavit to be filed within_____ after the serviceof it–

A. 30 days

B. 21 days

C. 10 days

D. 7 days

Discussion
C.10 days

69. Section 34 of the Code does not deal with–

A. interest from the date of decree

B. interest prior to suit

C. interest pendent lite

D. none of the above x

Discussion
B.interest prior to suit

70. At the first hearing of the suit, the Court must–

A. frame and record the issues

B. ascertain upon what material propositions of fact or of law the parties are at variance

C. record the evidence

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D. none of the above x

Discussion
B.ascertain upon what material propositions of fact or of law the parties are at variance

71. Under order 7 Rule 11 of the Code. The plaint shall not be rejected–

A. where it is not filed in duplicate

B. where the suit appears from the statement in the plaint to be barred by any law

C. where the plaintiff fails to comply with the provision of rule 9

D. where it discloses cause of action

Discussion
D.where it discloses cause of action

72. Application under Order 9 Rule 7 of the Code to set aside the order of ex-parteproceeding may be filed–

A. at or before the date of fixed for hearing

B. within 90 days

C. within 45 days

D. within 30 days

Discussion
A.at or before the date of fixed for hearing

73. Which section of the Code prove enforcement of decree against legal representative–

A. section 51

B. section 52

C. section 56

D. section 58

Discussion
B.section 52

74. Among the following in which section property liable to attachment and sale inexecution of decree is provided–

A. section 60

B. section 62

C. section 63

D. section 65

Discussion
A.section 60

x
75. A judgment debtor has been arrested, may not release among the following ground–

A. suffering from any serious illness

B. suffering from any infectious or contagious disease

C. he is not in a fit state of health to be detained in the civil prison

D. none of the above

Discussion
D.none of the above

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