TEST

CPC (Test 4)

QUESTIONS

S ECTI ONS

1. Code of Civil Procedure - 50 Questions

Section 1 : Code of Civil Procedure - 50 Questions

1 A person can be appointed as a guardian under Order XXXII Rule 4 of CPC

on his oral consent

on his consent in writing

neither (a) or (b)

neither (a) nor (b)

Correct: +1

2 The Court is required to appoint a guardian ad litem:

For a minor plaintiff only

For a minor defendant only

for plaintiff and defendant both

None of these

CPC (Test 4) · Code of Civil Procedure · Questions Page 1 of 29

3 Under Order 32, Rule 10 of the Code of Civil Procedure on the death of 'next friend', the suit
shall be

dismissed

stayed

rejected

dismissed or rejected

Correct: +1

4 After withdrawal of the suit, a plaintiff

Can institute a fresh suit in respect of the same subject matter

Can institute a fresh suit in respect of the same subject matter only with the leave of the
Court

Can institute a fresh suit in respect of the same subject matter only with the leave of the
High Court

Cannot institute a fresh suit in respect of the same subject matter, unless liberty is given at
the time of withdrawal of the suit

Correct: +1

5 When a court desires that its decree shall be executed by another court, it shall send to the other court

a decree and certificate of non-satisfaction

judgment and decree

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 judgment and execution petition

execution petition and certificate of non-satisfaction

Correct: +1

6 Whether a minor on attaining majority may, if a sole plaintiff, apply that a suit instituted in
his name by his next friend be dismissed on the ground that it was unreasonable or
improper:

No

With the consent of next friend

Yes

Joint application will be with next friend

Correct: +1

7 An agreement or compromise entered in a 'representative suit' without the leave of the

court is

void

voidable

valid

either valid or voidable

Correct: +1

CPC (Test 4) · Code of Civil Procedure · Questions Page 3 of 29

8 Which one of the following statement is incorrect regarding the compromise under Order 23
Rule 3 of Civil Procedure Code?

Must be in writing and signed by the party.

Must be in writing and need to be lawful agreement

It is required that subject matter of the compromise is the same as the subject matter of the
Suit

A compromise which is voidable under the Indian Contract Act shall also voidable within
the meaning of this Rule.

Correct: +1

9 Under Civil Procedure Code, a Court may not issue a commission—

For elucidating any matter in dispute

For ascertaining the market value of any property

For assessing the amount of any mesne profits or damages

For framing of issue

Correct: +1

10 Which of the following person may not file an application for execution under Civil Procedure Code, 1908
namely?

A decree holder

Legal representative, if the decree holder is dead

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 A person claiming under decree holder

Judgment debtor

Correct: +1

11 The maxim "Invito beneficium non datur" (The law confers upon a man no rights or
benefits which he does not desire) relates to which of the provision under the Code of Civil
Procedure, 1908?

Section 26

Order 6, Rule 1

Section 148-A

Order 23, Rule 1

Correct: +1

12 Suit for recovery of money in promissory notes can be filed

under normal procedure

under summary procedure as laid down in Order 37, CPC

in the High Court

as a writ petition

Correct: +1

13 Where the plaintiff dies after hearing and before pronouncement of judgment the suit

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 shall not abate

shall abate

shall abate if the right to sue not survive

none of the above

Correct: +1

14 Pauper appeals have been provided under:

Order XLII of CPC

Order XLIII of CPC

Order XLIV of CPC

Order XLV of CPC

Correct: +1

15 A person is an indigent person within the meaning of Order 33, Rule 1 of CPC, if he is not
possessed of

sufficient means to pay the fee payable on the plaint

any means to pay the fee payable on the plaint

sufficient means for his livelihood

CPC (Test 4) · Code of Civil Procedure · Questions Page 6 of 29

 Correct: +1

16 Right to withdraw the suit, is:

an absolute right of the plaintiff

a qualified right of the plaintiff

fettered by certain conditions

Both (b) and (c)

Correct: +1

17 The death of a plaintiff or defendant shall not cause the suit to abate, if

the cause of action survives

the relief survives

the right to sue survives

all of the above

Correct: +1

18 Rejection of an application for permission to sue as a pauper

Bars a fresh application on the same cause of action

Does not bar a fresh application on the same cause of action if moved along with amended
schedule of property

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 Does not bar a fresh application on the same cause of action with the leave of the Court

Does not bar a fresh application at all

Correct: +1

19 In connection with a suit by an indigent person, the suit is deemed to be instituted on the
date

when the application for leave to sue as a pauper is made

when such application is admitted

when such application is rejected

none of the above

Correct: +1

20 The period of limitation for filing leave to defend in a Suit under Order XXXVII of the Code
of Civil Procedure is within

10 days of the receipt of summons for judgment.

30 days of the receipt of summons for judgment

90 days of the receipt of summons for judgment

120 days of the receipt of summons for judgment

Correct: +1

21 In cases of withdrawal of suit by the plaintiff, under Order 23, Rule IA of CPC

CPC (Test 4) · Code of Civil Procedure · Questions Page 8 of 29

 Defendants cannot be transported as plaintiffs

Defendants can be transported as plaintiffs under all circumstances

Defendants can be transported as plaintiff if substantial question is to be decided against

any of the defendants

Either (a) or (b)

Correct: +1

22 Where a decree of compromise which was not lawful, there—

Suit shall lie to set aside such decree

Complaint has to made to High Court

No suit shall lie to set aside such decree

Suit may lie to set aside such decree with the Leave of District Judge

Correct: +1

23 Order 21 C.P.C. dealing with execution of decree and orders contains:

100 Rules

102 Rules

103 Rules

CPC (Test 4) · Code of Civil Procedure · Questions Page 9 of 29

 Correct: +1

24 A court to which decree has been transferred for execution cannot, while executing

order attachment

execute the decree against the legal representatives of the deceased judgment debtor

send the decree for execution to another court

order execution at the instance of the transferee of the decree

Correct: +1

25 Where a judgment-debtor has been committed to the civil prison, he may be released
therefrom:

By the State Government on the ground of the existence of any infectious disease

By the committing Court or any Court to which that Court is subordinate on ground of
serious illness

By the State Government on the ground of the existence of any contagious disease

All the above

Correct: +1

26 Precepts are issued under section 46 of CPC for;

Serving summons on persons residing beyond local jurisdiction

Serving a warrant on the judgment-debtor

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 Attaching the property of the judgment -debtor

None of the above

Correct: +1

27 During the proceeding of execution of a decree, a question arises as to whether any person
is or not the representative of a party, such question shall be determined by—

The Court which passed the decree

The Court executing the decree

The appellate Court

A Separate Suit

Correct: +1

28 In which of the following ways can the Court not order execution, of a decree as per Section
51 of the Code?

By delivery of any property specifically decreed

By attachment and sale of property

By serving summons on the party

By appointing a receiver

Correct: +1

CPC (Test 4) · Code of Civil Procedure · Questions Page 11 of 29

 A person who in law represents the estate of a deceased person

Any person who intermeddles with the estate of the deceased and where a party sues in a
representative character the person on whom the estate devolves on the death of a party so
suing.

Any person who intermeddles with the estate of the deceased and where a party is sued in
a representative character the person on whom the estate devolves on the death of a party
so sued.

All of the above

Correct: +1

30 Point out incorrect answer—

A decree passed by a civil court can be executed by—

The court which passed that decree

The court to which the decree is transferred for execution by the court passing the decree

Either a or b

None of the above

Correct: +1

31 Where a judgment-debtor dies before the decree has been fully satisfied:

the same cannot be executed against the legal representatives

the same can be executed against anyone of the legal representatives of the judgment
debtor in its entirety

CPC (Test 4) · Code of Civil Procedure · Questions Page 12 of 29

 the same can be executed against all the legal representatives

the same can be executed against any number of the legal representatives as the decree
holder wants

Correct: +1

32 Arrest of a person in execution of a decree has been provided

under Section 53 of the Code of Civil Procedure

under Section 54 of the Code of Civil Procedure

under Section 56 of the Code of Civil Procedure

under Section 55 of the Code of Civil Procedure

Correct: +1

33 Private alienation of property after attachment of the same is—

Voidable at the option of the decree holder

Voidable at the option of the judgement debtor

Void ab initio

Void as against all claims enforceable under the attachment

Correct: +1

34 Under section 60 of Civil Procedure Code which of the following properties is not liable to
attachment and sale in execution of a decree?

CPC (Test 4) · Code of Civil Procedure · Questions Page 13 of 29

 Negotiable instruments

Houses or other buildings

Government Securities

Any right of personal services

Correct: +1

35 No order for detention of the judgment debtor in civil prison in execution of a decree for
the payment of money shall be made where the total amount of the decree does not exceed

Five hundred rupees

One hundred rupees

Two thousand rupees

Five thousand rupees

Correct: +1

36 Which section of Civil Procedure Code prohibits arrest or detention of women in the
execution of decree for money?

Section 55

Section 56

Section 59

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 Section 60

Correct: +1

37 Which section provides for rateable distribution of assets?

Section 90

Section 73

Section 77

Section 56

Correct: +1

38 An order or direction given by the court which passed the decree to a court which would
be competent to execute the decree, to attach any property belonging to the judgement
debtor, is called:

precept

garnishee order

interlocutory order

simultaneous execution

Correct: +1

39 Which provision of C.P.C. deals with enforcement of a decree against legal representative?

Section 50

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 Section 51

Section 55

None of the above

Correct: +1

40 At any time after a warrant for the arrest of a judgment debtor has been issued, the court
may cancel it on the ground:

that he is not in a fit state of health to be detained in prison

that he is seriously ill

both (a) and (b)

only the State Government has the power to release

Correct: +1

41 A court may issue a commission to:

Make local investigation

Make partition

Adjust accounts

All of the above

Correct: +1

CPC (Test 4) · Code of Civil Procedure · Questions Page 16 of 29

42 Which of the following statements is correct?

The court which passed the decree may transfer it to another competent court if the

judgment debtor carries on business within the jurisdiction of the latter court.

judgment debtor has no property within the jurisdiction of the former court sufficient to
satisfy such decree but has property within the jurisdiction of the latter court.

decree directs the sale of immovable property situated outside the local jurisdiction of the
former court.

All these.

Correct: +1

43 Court may not issue a commission:

to examine any person

to examine accounts

to perform any ministerial act

to arrest a person

Correct: +1

44 The property which is not liable to attachment and sale in execution of decree:

Government securities

Promissory Note

CPC (Test 4) · Code of Civil Procedure · Questions Page 17 of 29

 Books of Account

Bond

Correct: +1

45 Under Section 75 of Civil Procedure Code, the court cannot issue commission:—

to examine any person

to make a partition

to conduct sale of property which is not in the custody of the court

to hold a scientific, technical or expert investigation

Correct: +1

46 Which of the following questions is not to be determined by an executing court?

Discharge of decree

Execution of decree

Modification of decree

Satisfaction of decree

Correct: +1

47 A civil court cannot issue commission in the following case—

CPC (Test 4) · Code of Civil Procedure · Questions Page 18 of 29

 for examining a person

For examining accounts

to execute partition

To execute a decree

Correct: +1

48 During proceedings for execution of a decree, if question arises as whether any person is or
is not the representative of a party, such question must be determined by

The court which passed the decree

The court executing the decree

The appellate court

None of the above

Correct: +1

49 In execution of a decree for the maintenance, salary of a person can be attached to the
extent of

one-fourth

one-third

two-third

CPC (Test 4) · Code of Civil Procedure · Questions Page 19 of 29

 one-half

Correct: +1

50 Under Civil Procedure Code, a Court may not issue a commission —

For elucidating any matter in dispute

For ascertaining the market value of any property

For assessing the amount of any mesne profits or damages

For framing of issue

Correct: +1

CPC (Test 4) · Code of Civil Procedure · Questions Page 20 of 29

 TEST

CPC (Test 4)

ANSWERS

SECTIONS

1. Code of Civil Procedure - 50 Questions

Section 1 : Code of Civil Procedure - 50 Questions

1 on his consent in writing

2 For a minor defendant only

3 stayed

4 Cannot institute a fresh suit in respect of the same subject matter, unless liberty is given at the time of withdrawal of the suit

5 a decree and certificate of non-satisfaction

6 Yes

7 void

8 It is required that subject matter of the compromise is the same as the subject matter of the Suit

9 For framing of issue

10 Judgment debtor

11 Order 23, Rule 1

CPC (Test 4) · Code of Civil Procedure · Answers Page 21 of 29

 12 under summary procedure as laid down in Order 37, CPC

13 shall not abate

14 Order XLIV of CPC

15 sufficient means to pay the fee payable on the plaint

16 an absolute right of the plaintiff

17 the right to sue survives

18 Bars a fresh application on the same cause of action

19 when the application for leave to sue as a pauper is made

20 10 days of the receipt of summons for judgment.

21 Defendants can be transported as plaintiff if substantial question is to be decided against any of the defendants

22 No suit shall lie to set aside such decree

23 106 Rules

24 order execution at the instance of the transferee of the decree

25 All the above

26 Attaching the property of the judgment -debtor

CPC (Test 4) · Code of Civil Procedure · Answers Page 22 of 29

 27 The Court executing the decree

28 By serving summons on the party

29 All of the above

30 Either a or b

31 the same can be executed against all the legal representatives

32 under Section 55 of the Code of Civil Procedure

33 Void as against all claims enforceable under the attachment

34 Any right of personal services

35 Two thousand rupees

36 Section 56

37 Section 73

38 precept

39 None of the above

40 that he is seriously ill

41 All of the above

CPC (Test 4) · Code of Civil Procedure · Answers Page 23 of 29

 42 All these.

43 to arrest a person

44 Books of Account

45 to conduct sale of property which is not in the custody of the court

46 Modification of decree

47 To execute a decree

48 The court executing the decree

49 two-third

50 For framing of issue

CPC (Test 4) · Code of Civil Procedure · Answers Page 24 of 29

 TEST

CPC (Test 4)

SOLUTIONS

SECTIONS

1. Code of Civil Procedure - 50 Questions

Section 1 : Code of Civil Procedure - 50 Questions

This is the solution

This is the solution

This is the solution

This is the solution

This is the solution

This is the solution

This is the solution

This is the solution

CPC (Test 4) · Code of Civil Procedure · Solutions Page 25 of 29

This is the solution

10

This is the solution

11

This is the solution

12

This is the solution

13

This is the solution

14

This is the solution

15

This is the solution

16

This is the solution

17

This is the solution

18

This is the solution

19

This is the solution

20

CPC (Test 4) · Code of Civil Procedure · Solutions Page 26 of 29

This is the solution

21

This is the solution

22

This is the solution

23

This is the solution

24

25

This is the solution

26

This is the solution

27

This is the solution

28

This is the solution

29

This is the solution

30

This is the solution

31

This is the solution

CPC (Test 4) · Code of Civil Procedure · Solutions Page 27 of 29

This is the solution

33

This is the solution

34

This is the solution

35

This is the solution

36

This is the solution

37

Section 73 of Code of Civil Procedure

38

This is the solution

39

This is the solution

40

This is the solution

41

This is the solution

42

This is the solution

43

CPC (Test 4) · Code of Civil Procedure · Solutions Page 28 of 29

This is the solution

44

This is the solution

45

This is the solution

46

This is the solution

47

This is the solution

48

This is the solution

49

This is the solution

50

This is the solution

CPC (Test 4) · Code of Civil Procedure · Solutions Page 29 of 29