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AIBE-19 CPC (Civil Procedure Code) MCQ + Concept Part 6

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55 views

AIBE-19 CPC (Civil Procedure Code) MCQ + Concept Part 6

Uploaded by

MANASH MANDAL
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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AIBE-19 CPC (Civil Procedure Code) |

MCQ + Concept | Part 6


81. In which of the following cases, the Court may not issue a commission-

A. to examine any person

B. to make a partition

C. to hold a scientific, technical or expert investigation

D. for execution of a decree

Answer >> D. for execution of a decree

82. Appellant Court shall not have power-

A. to remand a case

B. to determine a case finally

C. to take additional evidence

D. none of the above

Answer >> D. none of the above

83. The Limitation Act contains

A. 32 sections

B. 137articles

C. 30 sections

D. both (a) & (b) are correct

Answer >> D. both (a) & (b) are correct


84. The doctrine which place emphasis on the plaintiff's duty to exhaust all
available grounds in support of his claim-

A. estoppels

B. res judicata

C. principle underlying order 2 rule 2 (splitting of claim)

D. none of the above

Answer >> C. principle underlying order 2 rule 2 (splitting of claim)

85. Remedy available against rejection of plaint is-

A. plaintiff may prefer an appeal

B. plaintiff may present a fresh plaint in respect of the same cause of action

C. either (a) or (b)

D. none of the above

Answer >> C. either (a) or (b)

86. A claim by way of may be allowed even if it is time barred when there is a
fiduciary relationship between the parties-

A. an equitable set-off

B. a legal set off

C. a counter claim

D. all of the above

Answer >> A. an equitable set-off

87. A suit filed on behalf of a minor


A. cannot be withdrawn

B. can be withdrawn as a matter of right

C. can be withdrawn only with the leave of the court

D. none of the above

Answer >> C. can be withdrawn only with the leave of the court

88. Which of the following deals with the transfer of decree to Court in another
State in the Code of Civil Procedure?

A. Section 40

B. Section 36

C. Section 39

E. Section 52

Answer >> A. Section 40

89. Which of the following deals with proceeds of execution- sale to be rateably
distributed among decree holders in the Code of Civil Procedure?

A. Section 63

B. Section 72

C. Section 73

D. Section 78

Answer >> C. Section 73

90. Which of the following deals with second appeal in the Code of Civil Procedure?

A. Section 111
B. Section 103

C. Section 108

D. Section 100

Answer >> D. Section 100

91. Which of the following deals with power of High Court to make rules as to their
original civil procedure?

A. Section 122

B. Section 103

C. Section 124

E. Section 129

Answer >> Section 129

92. Which of the following sections of the Code of Civil Procedure has been
repealed by the Repealing and Amending Act, 1952 (48 of1952)?

A. Section 145

B. Section 150

C. Section 155

D. Section 153

Answer >> C. Section 155

93. Court may order defendant or plaintiff to appear in person under which of the
following in the Code of Civil Procedure?

A. Order 7, Rule 3

B. Order 5, Rule 3
C. Order 6, Rule 10

D. Order 4, Rule 8

Answer >> B. Order 5, Rule 3

94. Which of the following deals with when plaintiff sues as representatives in the
Code of Civil Procedure?

A. Order 5, Rule 30

B. Order 9, Rule 12

C. Order 6, Rule 10

D. Order 7, Rule 4

Answer >> D. Order 7, Rule 4

95. Parties to appear on day fixed in summons for defendant to appear and answer
under which of the following in the Code of Civil Procedure?

A. Order 5, Rule 30

B. Order 4, Rule 13

C. Order 9, Rule 1

D. Order 10, Rule 22

Answer >> C. Order 9, Rule 1

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