THE CODE OF CIVIL PROCEDURE, 1908

Transcription

1 THE CODE OF CIVIL PROCEDURE, Under the provisions of Civil Procedure Code plea of adverse possession is a defence available (a) only to plaintiff against defendant (b) only to defendant against plaintiff (c) both plaintiff and defendant (d) only to movable property. 2. The reappreciation of evidence in second appeal (a) is subject to review (b) is permissible (c) is not permissible (d) is an admitted fact. 3. Sweeping change introduced by Civil Procedure Code (Amendment) Act, 2002 is with the object to (a) give more power to Civil Courts (b) reduce the power of Civil Courts (c) cut short delay in disposal of suit (d) make provisions stringent. 4. Preliminary decree can be passed in a suit (a) for partition (b) of partnership (c) for possession and mesne profits 5. Preliminary decree is one (a) which determines the rights of the parties with regard to some or one of the matters in controversy in the suit but does not finally dispose of the suit (b) which determines the rights of the parties with regard to some or one of the matters in controversy in the suit, which may have the effect of final disposal of the suit (c) both (a) & (b) (d) neither (a) nor (b). 6. A decree becomes final (a) when it conclusively determines the rights of the parties (b) when no appeal has been preferred against the decree (c) both (a) & (b)

2 (d) neither (a) nor (b). 7. Which of the following is not a decree (a) dismissal in default (b) rejection of a plaint (c) both (a) & (b) (d) neither (a) nor (b). 8. Order has been defined as a formal expression of any decision of a civil court which is not a decree, under (a) section 2(1) of CPC (b) section 2(14) of CPC (c) section 2(9) of CPC (d) section 2(16) of CPC. 9. A decree holder has been defined as a person in whose favour a decree has been passed or an order capable of execution has been made, under (a) section 2(3) of CPC (b) section 2(13) of CPC (c) section 2(4) of CPC (d) section 2(16) of CPC. 10. A decree holder (a) need not be a party to the suit (b) the term is not confined to plaintiff (c) both (a) &(b) (d) neither (a) nor (b). 11. Foreign court under section 2(5) of CPC means (a) a court situated outside India (b) a court situated outside India and not established under the authority of Government of India (c) a court situated in India applying foreign law 12. Judgment under section 2(9) means (a) a decree (b) dismissal of an appeal summarily (c) statement of grounds of an order or decree

3 13. Legal representative under section 2(11) of CPC means a person who is a (a) Relative of parties to the suit (b) co-sharer of the benefits assuming to the parties to the suit (c) who in law represents the estate of the deceased 14. A dieslleaving behind a son X & a married daughter Y, a suit filed by A, after his death, can be continued by (a) X alone as legal representative (b) Y alone as legal representative (c) X, Y and the husband of Y as legal representatives (d) X and Y both, as legal representatives. 15. A judgment contains (a) concise statement of the case (b) the points for determination (c) the decision on the points of determinations & the reason thereof ' 16. Who amongst the following is not a legal representative (a) a trespasser (b) an intermeddler (c) a creditor (d) both (a)&(c). 17. 'Mesne profits as defined under section 2(12)means (a) those profits which the person in wrongful possession of such property actually received or might have received together with interest (b) those profits which the person in wrongful possession of property actually received including profits due to improvements made by such person (c) those profits which the person in wrongful possession of property actually received or might have received but without any interest on such profits (d) those profits which the person in wrongful possession of such property actually received. 18. Foreign judgment as defined under section 2(6) of CPC means (a) judgment given by an Indian Court in respect of foreigners (b) judgment given by a foreign court (c) both (a) & (b) (d) neither (a) nor (b).

4 19. Who amongst the following is not a public officer within the meaning of section 2(17) of CPC (a) a judge (b) a person in service under the pay of Government (c) Sarpanch of a Gram Panchayat (d) none of the above. 20. Basis of distribution of the jurisdiction of Indian Courts is (a) pecuniary jurisdiction (b) territorial jurisdiction (c) subject matter jurisdiction 21. Court of small causes, under section 3 of CPC is subordinate to (a) District Court (b) High Court (c) both (a) & (b) (d) neither (a) nor 22. Pecuniary jurisdiction of the court has been dealt with in (a) section 3 of CPC (b) section 4 of CPC (c) section 5 of CPC (d) section 6 of CPC. 23. Courts have jurisdiction to try all suits of a civil nature excepting suits, the cognizance of which is either expressly or impliedly barred, by virtue of (a) section 8 of CPC (b) section 9 of CPC (c) section 10 of CPC (d) section 11 of CPC. 24. Which of the following is a right of civil nature (a) right to worship in a temple (b) right to share in offerings in a temple (c) right to take out procession 25. Which of the following is not a right of civil nature (a) caste &; religion

5 (b) right to services which. are honorary and gratuitous (c) brij jijmam rights (d) both (a) tin (b). 26. Jurisdiction of civil court can be barred (a) expressly only (b) impliedly only (c) either expressly or impliedly (d) neither expressly nor impliedly. 27. Principle of res subjudice is contained in (a) section 10 of CPC (b) section 11 of CPC (c) section 13 of CPC (d) section 14'of CPC. 28. Dhulabhai etc. v. State of Madhya Pradesh and another, AIR 1969 SC 78, lays down certain principles regarding the exclusion of jurisdiction of civil courts. Which of the following is not a principle laid down: (a) Where a statute gives a nullity to the orders of the special tribunals, the civil courts jurisdiction must be held to be excluded if there is adequate remedy to do what the civil court would normally do in a suit (b) Where there is an express bar of jurisdiction of the court, an examination of the scheme of the particular Act to find out the adequacy or sufficiency of the remedies provided may be relevant but is not decisive to sustain t-he jurisdiction of the civil court (c) Questions as to the correctness of the assessment apart from its constitutionality are the decisions of the authorities and a civil suit lies even if the orders of the authorities are declared to be final (d) none of the above. 29. Under section 10 of CPC, a suit is liable to be (a) stayed (b) dismissed (c) rejected (d) either (a) or (b) or (c). 30. For the application of the principle of res-subjudice, which of the following is essential (a) suits between the same parties or litigating under the same title (b) the two suits must be pending disposal in a court (c) the matters in issue in the two suits must be directly and substantially the same

6 31. Section 10 of CPC does not apply (a) when the previous suit is pending in the same court (b) when the previous suit is pending in a foreign court (c) when the previous suit is pending in any other court in India (d) when the previous suit is pending in a court outside India "established or contained by the Central Government. 32. Under the principle of res-subjudice (a) the second suit has to be stayed (b) the previous suit has to be stayed (c) either (a) or (b) depending on the facts & circumstances of the case (d) either (a) or (b) depending on the valuation of the suit for the purposes of jurisdiction. 33. Provisions of section 10 of CPC are (a) directory (b) mandatory (c) non mandatory (d) discretionary. 34. Section 10 can come into operation (a) before filing of written statement in the subsequent suit (b) before settlement of issues in subsequent suit (c) after settlement of issues in subsequent suit 35. Doctrine of res-judicata as contained in section 11 of CPC is based on the maxim (a) Nemo debet bis vexari pro uno etendem causa (b) interest republicae ut sit finis litium (c) both (a) 8: (b) (d) either (a) or (b), 36. Principle of res-judicata applies (a) between co-defendants (b) between co-plaintiffs (c) both (a) & (b) (d) neither (a) nor (b). 37. Which of the following is not true of res- judicata

7 (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) & (c). 38. As regards res-judicata, it has been stated that the right of an individual is to be protected from multiplication of suits and prosecution at the instance of an opponent whose superior resources & power unless curbed, may render futile judicially declared right and innocence, by (a) Spences Bower (b) Lord Denning (c) Salmond (d) Black Stone. 39. Res-judicata applies (a) when the matter in former suit is directly & substantially in issue (b) when the matter in former suit is collaterally & incidentally in issue (c) both (a) & (b) (d) neither (a) nor (b). 40. Res judicata applies (a) when the matter is directly & substantially in issue in two suits and should have been decided on merits (b) when the prior suit is between the same parties or persons claiming under them and litigating under the same title (c) when the court which determined the earlier suit is competent to try the subsequent suit wherein the issue is subsequently raised (d) when all (a), (b) 8: (c) combine. 41. Plea of res-judicata (a) has to be specifically raised (b) need not be specifically raised (c) is for the court to see of its own (d) neither (a) nor (b) but only (c). 42. Constructive res-judicata is contained in (a) explanation III to section 11 (b) explanation IV to section 11 (c) explanation VI to section 11

8 (d) explanation VII to section Principle of res-judicata applies (a) to suits only (b) to execution proceedings (c) to arbitration proceedings (d) to suits as well as execution proceedings. 44. A decision on issue of law (a) shall always operate as res-judicata (b) shall never operate as res-judicata (c) may or may not operate as res-judicata (d) either (a) or (b). 45. A decision on an issue of law operates as res-judicata (a) if the cause of action in the subsequent suit is the same as in the former suit, only when the decision on the point of law is correct. (b) if the cause of action in the subsequent suit is the same as in the former suit, even though the decision on the point of law is erroneous (c) if the cause of action in the subsequent suit is different from that in the former suit, even though the decision on the point of law is correct 46. A decision in a suit may operate as res- judicata against persons not expressly named as parties to the suit by virtue of explanation (a) II to section 11 of CPC (b) IV to section 11 of CPC (c) VI to section 11 of CPC (d) VIII to section 11 of CPC. 47. Res-judicata does not operate (a) between co-defendants (b) between co-plaintiffs (c) against a per-forma defendant (d) none of the above. 48. In which of the following cases res-judicata is not applicable (a) consent compromise decrees (b) dismissal in default (c) both (a)&(b)

9 (d) neither (a) nor (b). 49. Principle of res judicata is (a) mandatory (b) directory (c) discretionary 50. With respect to the principle of res-judicata which of the following is not correct (a) ex-parte decree will operate as res-judicata (b) writ petition dismissed on merits operates as res-judicata (c) writ petition dismissed in limine operates as res-judicata (d) both (a) & (c). 51. In a suit, where the doctrine of res-judicata applies, the suit is liable to be (a) stayed (b) dismissed (c) may be stayed & may be dismissed (d) both (a)&(c). 52. A decision or finding given by a court or a tribunal without jurisdiction (a) can operate as res judicata under all circumstances (b) cannot operate as res-judicata (c) can operate as res-judicata under certain circumstances only (d) may operate as res-judicata or may not- operate as res-judicata. 53. On production of a certified copy of the foreign judgment, the presumption as to the competency of the court, under section 14 of CPC is a (a) presumption of fact (b) presumption of fact & law both (c) rebuttable presumption of law (d) irrebuttable presumption of law. 54. Validity of a foreign judgment can be challenged under section 13 of CPC (a) in a civil court only (b) in a criminal court only (c) in both civil and criminal court (d) neither in civil nor in criminal court. 55. Under section 13 of CPC, a foreign judgment can be challenged on the grounds of

10 (a) competency of the court pronouncing the judgment (b) being obtained by fraud (c) sustaining a claim founded on a breach of law in force in India 56. How many grounds of attack the foreign judgment have been provided under section 13 of CPC (a) seven (b) six (c) five (d) four. 57. On the ground of jurisdiction, under section 13 of CPC (a) only a judgment in personam can be challenged (b) only a judgment in rem can be challenged (c) both judgment in personam and judgment in rem, can be challenged (d) neither a judgment in persomzm nor judgment in rem can be challenged. 58. A person who institutes a suit in foreign court and claims a decree in personam, after the judgment is pronounced against him (a) can always challenge the judgment on the ground of competency (b) can never challenge the judgment on the ground of competency " (c) can challenge the judgment on the ground of competency under certain circumstances (d) either (a) or (c). 59. Under section 15 of CPC, every suit shall be instituted in (a) the district court (b) the court of the lowest grade (c) the court of higher grade 60. Section 15 of CPC lays down (a) a rule of procedure (b) a rule of jurisdiction (c) a rule of evidence 61. Under section 16 of CPC, a suit relating to immoveable property can be filed in a court within whose local jurisdiction (a) the property is situate

11 (b) the defendant voluntarily resides or personally works for gain (c) the defendant voluntarily resides or carries on business (d) either (a) or (b) or (c). 62. Suit in respect of immoveable property, where the entire relief sought can be obtained through the personal obedience of the defendant, can be instituted in a court within whose local jurisdiction - (a) the property is situate (b) the defendant voluntarily resides or carries on business (c) the defendant voluntarily resides or personally works for gain 63. Place of institution of suit in respect of immoveable property, situated within the jurisdiction of different courts, has been provided (a) under section 17 of CPC (b) under section 18 of CPC (c) under section 19 of CPC (d) under section 20 of CPC. 64. The Code of Civil Procedure, Section 18 of CPC provides for (a) place of institution of suit in respect of immoveable property where the property is situate in the jurisdiction of one court (b) place of institution of suit in respect of immoveable property where the property is situate in the jurisdiction of different court (c) place of institution of suit in respect of imrnoveable property where the local limits of jurisdiction of courts are uncertain 65. Place of suing in respect of suits for compensation for wrongs to persons or moveable property has been dealt with (a) under section 18 of CPC (b) under section 19 of CPC (c) under section 20 of CPC (d) under section 21 of CPC. 66. A suit for compensation for wrong done to the person or to moveable property, where the wrong was done within the local jurisdiction of one court and the defendant resides within the local limits of an other court (a) can be instituted in the court within whose local jurisdiction the wrong has been committed (b) can be instituted in the court within whose local jurisdiction the defendant resides

12 (c) either (a) or (b) at the option of the plaintiff (d) anywhere in India. 67. X residing in Delhi, publishes statements defamatory to Y in Calcutta. Y can sue X at. (a) Delhi (b) Calcutta (c) anywhere in India (d) either in Delhi or in Calcutta. 68. Suits under section 20 of CPC can be instituted where the cause of action arises (a) wholly (b) partly (c) either wholly or in part (d) only (a) and not (b) or (c). 69. In cases where there are more than one defendant, a suit can be instituted in a court within whose local jurisdiction (a) each of the defendant at the time of commencement of the suit, actually & voluntarily resides or carries on business or personally works for gain (b) any of the defendant, at the time of the commencement of the suit, actually & voluntarily resides, or carries on business, or personally works for gain and the defendant(s) not so residing etc. acquiesce (c) both (a) & (b) are correct (d) only (a) &not (b). 70. A suit for damages for breach of contract can be filed, at a place (a) where the contract was made (b) where the contract was to be performed or breach occurred (c) anywhere in India (d) both (a) and (b). 71. A suit relating to partnership may be instituted at a place (a) where the partnership was constituted (b) where the partnership business was carried on (c) where partnership accounts are maintained 72. A suit relating to partnership dissolved in a foreign country can be filed at a place (a) in foreign country

13 (b) where the parties to the suit reside in India (c) both (a) & (b) (d) allover India. 73. Objection as to the place of suiting (a) can only be taken before the court of first instance at the earliest possible opportunity (b) can be taken before the appellate court for the first time (c) can be taken before the court of revision for the first time 74. Section 21 of CPC cures (a) want of subject-matter jurisdiction (b) want of pecuniary jurisdiction (c) want of territorial jurisdiction (d) both (b) and (c). 75. A suit to set aside a decree on the ground of lack of territorial jurisdiction is barred (a) under section 21 of CPC (b) under section 21A of CPC (c) under section 22 of CPC (d) under section 23 of CPC. 76. Parties by their consent agreement (a) can confer jurisdiction on a court, where there is none in law (b) can oust the jurisdiction of the court where there is one in law (c) can oust the jurisdiction of one of the courts when there are two courts simultaneously having jurisdiction in law 77. Section 20 of ( PC does not apply to (a) arbitration proceedings (b) civil proceedings (c) both (a) & (b) (d) neither (a) nor (b). 78. Agreement between the parties to institute the suit relating to disputes in a particular court (a) does not oust the jurisdiction of other courts (b) may operate as estoppel between the parties (c) both (a)&(b)

14 (d) neither (a) nor (b). 79. In cases of the commercial contracts between parties of two different countries, the jurisdiction of the court shall be governed by (a) lex loci contractors (b) lexloci solutions (c) les situs (d) rule of freedom of choice i.e., intention of the parties. 80. A corporation, under section 20 of CPC, is deemed to carry on business at (a) its principal office in India (b) its subordinate office in India (c) both (a) & (b) ' (d) either (a) o; (b). 81. In case of a cause of action arising at a place where a corporation has a subordinate office, the corporation is deemed to carry on business (a) its principal office in India (b) its subordinate office where the cause of action did arise (c) both (a) & (b) (d) either (a) or (b). 82. In every plaint, under section 26 of CPC, 'facts should be proved by (a) oral evidence (b) affidavit (c) document (d) oral evidence as well as document. 83. According to section 27 of CPC summons to the defendant to be served on such date not beyond (a) 30 days from the date of institution of suits (b) 60 days from the date of institution of suits (c) 45 days from the date of institution of suits (d) 90 days from the date of institution of suits 84. The court may impose ac fine for default upon a person required to give evidence or to produce documents directed under section 30(b) of CPC, and such fine as per section 32(c) not to exceed (a) Rs. 500 (b) Rs. 1,000

15 (c) Rs. 5,000 (d) Rs. 10, Under section 39(4) of CPC, the court passing the decree is (a) authorised to execute such decree against any person outside local limits of its jurisdiction (b) authorised to execute such decree against any property outside the local limits of its jurisdiction (c) either (a) or (b) (d) neither (a) or (b). 86. A private transfer or delivery of the property attached under section 64(2) shall not be void if (a) made in persuance of any contract for such transfer or delivery entered into and registered before the attachment (b) made in persuance of any contract for such transfer or delivery entered into and registered after the attachment (c) made in persuance of any contract for such transfer or delivery entered into before the attachment but registered after the attachment (d) either (a) or (b) or (c). 87. The court under section 89(1) of CPC can refer the dispute for (a) arbitration or conciliation (b) conciliation or mediation (c) mediation or Lok Adalat (d) arbitration or conciliation or Lok Adalat or mediation. 88. The court can award compensation against plaintiff under section 95 of CPC, not exceeding (a) Rs. 10,000 or the limits of its pecuniary jurisdiction whichever is less (b) Rs. 10,000 or the limits of its pecuniary jurisdiction whichever is more (c) Rs. 50,000 and this amount not to exceed the limits of its pecuniary jurisdiction (d) Rs. 50,000 and this amount to exceed the limits of its pecuniary jurisdiction whichever is more. 89. Under section 100A of the CPC, where any appeal from an original or appellate decree or order is heard and decided by a single judge of a High Court (a) no further appeal shall lie from the judgment and decree of such single judge (b) further appeal shall lie under the Letters Patent for the High Court (c) further appeal shall lie with the leave of the Supreme Court (d) further appeal shall lie before the Division

16 90. Bench of the High Court. Second appeal shall not lie from any decree, as provided under section 102 of CPC when the subject matter of the original suit is for recovery of money not exceeding (a) Rs. 10,000 (b) Rs. 25,000 (c) Rs. 50,000 (a) Rs. 1,00, A revision under section 115 shall not operate as a stay of suit or other proceeding before the court except where such suit or other proceeding is stayed by (a) the High Court (b) the Supreme Court (c) the Appellate Court (d) District and Sessions Court. 92. The court can enlarge the time under section 148 of CPC for doing any act prescribed or "allowed under the Code of Civil Procedure, not exceeding in total ' (a) 90 days (b) 60 days (c) 45 days (d) 30 days. 93. Under Order IV, Rule 1, sub-rule (1) of CPC, a suit is instituted when (a) a plaint is presented to the court (b) a plaint in duplicate is presented to the court (c) a plaint in triplicate is presented to the court (d) either (a) or (b) or (c). 94. A defendant under Order V, Rule 1(1) of CPC is required to appear, answer the claim and to file the written statement (a) within 60 days from the date of service of summons (b) within 45 days from the date of service of summons (c) within 30 days from the date of service of summons (d) within 90 days from the date of service of summons. 95. In case of failure of filing the written statement within thirty days, the defendant can be allowed to file the same on such other day specified by the court for reasons recorded in writing (a) within 90 days from the date of service of summons

17 (b) within 120 days from the date of service of summons (c) within 60 days from the date of service summons (d) within 45 days from the date of service summons. 96. Summons to the defendant under Order V, Rule 9(1) of CPC, can be delivered for the purposes of serving the same on the defendant, to a courier services as (a) approved by the defendant (b) approved by the court (c) approved by the plaintiff (d) either (a) or (b) or (c). 97. Under section 32 of CPC, to compel the attendance of a person to whom a summon has been issued under section 30 of CPC, the court is empowered to (a) issue a warrant for his arrest (b) attach and sell his property (c) impose a fine not exceeding Rs. 5,000 (d) either (a) or (b) or (c). 98. Under Order VI, Rule 17 at any stage of proceedings the court can allow to alter or amend pleadings to (a) either party (b) to plaintiff only (c) to defendant only (d) to only one defendant if there are more than one defendant 99. The expenses for the service of summons to the defendant have to be borne, under Order V, Rule 9(3) of CPC, by (a) the plaintiff (b) the court (c) the defendant (d) partly by the plaintiff and partly by the defend ant The court can reject the plaint under Order VII, Rule 11(e) of CPC, if it is not filed in (a) triplicate (b) duplicate (c) quadruplicate (d) only (c) and not (a) or (b).

18 101. If a document, which ought to be produced in the court alongwith the pleadings, is not produced, under Order VII, Rule 14(3) of CPC, at the hearing of the suit (a) the same shall not be received in evidence on behalf of the plaintiff (b) the same shall not be received in evidence on behalf of the defendant (c) the same shall not be received in evidence on behalf of either party (d) the same shall not be received in evidence on behalf of a third party Order VIII, Rule 1 mandates that the defendant shall file the written statement of his defence within (a) 90 days from the date of service summons (b) 60 days from the date of service summons (c) 30 days from the date of service summons (d) 10 days from the date of service summons The provisions of Order VIII, Rule 1 of CPC are. (a) directory being procedural (b) mandatory though procedural (c) optional under all circumstances (d) discretionary under all circumstances The time schedule contained in Order VIII, Rule 1 of CPC is to be (a) followed as a rule and departure there from shall also be a rule (b) followed as a rule and departure there from would be an exception (c) followed as a rule and there is no scope for any departure there from (d) followed as an absolute rule as it imposes an embargo on the power of the court to extend the 105. A prayer for extension of time beyond the period of 90 days prescribed under Order VIII, Rule 1 of CPC for filing the written statement is to be a) granted just as a matter of routine b) granted ordinarily c) granted on sufficient cause being shown by the defendant d) granted only for exceptional circumstances occasioned by reasons beyond the control of the defendant A prayer for extension of time beyond the period of 90 days for filing the written statement (a) can be oral (b) has to be in writing (c) can be either oral or in writing (d) Neither (a) nor (b), as the time cannot be extended beyond 90 days.

19 107. For the purpose of section 39 of CPC the court is of competent jurisdiction, if at the time of making the application for transfer of decree to it, such court would have jurisdiction to try the suit (a) in which such decree was passed (b) to which such decree has been transferred from other court (c) such decree was pending (d) none of the above The rule of rateable distribution of the proceeds of execution sale amongst decree holders is contained in (a) section 73 of CPC (b) section 74 of CPC (c) section 75 of CPC (d) section 76 of CPC Supreme Court in case of Union of India v. Somasundaram Mills (P) Ltd. held that under section 73 of CPC, the debts due to the State (a) stand on equal footing with all other debts (b) are to be paid only after payment of all other debts (c) are entitled to priority over all other debts (d) either (a) or (b) A plaint can be rejected a) under Order VII, Rule 10 of CPC b) under Order VII, Rule 10A of CPC c) under Order VII, Rule 11 of CPC d) all the above The power under Order VII, Rule 11 of CPC can be exercised (a) before registering the plaint (b) after issuance of summon to the defendant (c) at any stage before the conclusion of trial (d) either (a) or (b) or (c) For an application under Order VII, Rule 11 (a) the averments in the plaint are germane and the plea taken by the defendant in thewritten statement are wholly irrelevant (b) the averments in the plaint are germane and the pleas taken by the defendant in the written statement are also to be considered (c) the averments in the plaint are germane and the pleas taken by the defendant in the written

20 statement may also be considered (d) either (b) or (c) Under Order VII, Rule 11 of CPC a) part only of the plaint can be rejected b) whole of the plaint is to be rejected c) part only of the plaint or the whole plaint can be rejected d) it is the discretion of the court to reject the plaint in part 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) may be returned or may be rejected (d) only (b) & not (a) On rejection of a suit under Order VII, Rule 11 of CPC, a fresh suit on the same cause of action under Order VII, Rule 13 of CPC. (a) is barred under all circumstances (b) is not barred at all (c) can be filed with the leave of the court (d) either (b) or (c) Several persons can be joined as plaintiffs, in cases (a) where right arises out of the same act, in favour of such person (b) where any common question of law is involved (c) both (a) & (b) (d) either (a) or (b) Several persons can be joined as defendants in cases (a) where right arises out of the same act against such persons (b) where any common question of law is involved (c) both (a) & (b) (d) either (a) or (b) Multifariousness in a suit results due to (a) misjoinder of parties (b) misjoinder of cause of action (c) misjoinder of parties and misjoinder of cause of action

21 (d) either misjoinder of parties or misjoinder of cause of action Where a person who is a necessary party to the suit has not been joined as a party to the suit; it is a case of (a) non-joinder (b) mis-joinder (c) both (a) & (b) (d) neither (a) nor (b) On account of rnis-joinder or non-joinder of parties, under Order I, Rule 9 of CPC, the suit is a) liable to be dismissed b) cannot be dismissed c) may be dismissed or may not be dismissed as per the discretion of the court d) either (a) or (b) Objection as to the non-joinder or mis- joinder of parties under Order I, Rule 13 of CPC (a) can be taken at any stage of the proceedings (b) can be taken at the earliest possible opportunity (c) can be taken in appeal or revision for the first time (d) either (a) or (b) or (c) A suit is bad for non-joinder of a necessary party, as provided (a) under Order I, Rule 10 of CPC (b) under Order I, Rule 9 of CPC (c) under Order I, Rule 10A of CPC (d) under Order I, Rule 11 of CPC A suit in representative capacity can be filed by virtue of (a) under Order I, Rule 8 of CPC (b) under Order I, Rule 9 of CPC (c) under Order I, Rule 8A of CPC (d) under Order I, Rule 10A of CPC A suit filed in representative capacity can be withdrawn, compromise 8: abandoned etc. by the plaintiff (a) without notice to all the persons interested (b) after notice to all the persons interested

22 (c) both (a) & (b) (d) either (a) or (b) A person can be made a party in the suit either as a plaintiff or a defendant (a) under Order I, Rule SA of CPC (b) under Order I, Rule 10 of CPC (c) under Order X, Rule 1 of CPC (d) under Order X, Rule 8 of CPC The word acts in Order III, Rules 1 81: 2 of CPC (a) is reconfined only in respect of acts done by the power-of-attorney holder in exercise of power granted by the instrument and would not include deposing in place and in stead of the principal (b) is not confined only in respect of acts done by the power-of-attorney holder in exercise of the power granted by the instrument and includes deposing in place and instead of the principal (c) is not confined only in respect of acts done by the power of-attorney holder in exercise of the power granted by the instrument but includes appearance as a witness on behalf of the party in the capacity of that party (d) is confined only to deposing in place and instead of the principal A necessary party is one in whose (a) absence no order can be made effectively (b) absence an order can be made but whose presence is necessary for the complete decision of the case (c) both (a) & (b) (d) absence an order can be made and whose presence is not necessary for the complete decision of the case In a suit, the list of witnesses has to be filed by the parties (a) before settlement of issues (b) after settlement of issues (c) at any time p V 129. When the plaintiff fails to pay the court-fee or postal charges for service of summons on the defendant(s) or fails to present copies of the plaint, the suit is liable to be (a) rejected under Order VII, Rule 11 of CPC (b) dismissed for non-prosecution under Order IX, Rule 2 of CPC (c) either (a) or (b)

23 (d) only (b) and not (a) Court can direct the parties to opt for any one mode of alternative dispute resolution under (a) Order X, Rule 1A of CPC (b) Order X, Rule 1B of CPC (c) Order XI, Rule 1 of CPC (d) Order XI, Rule 2 of CPC Consequent to failure of conciliation the Presiding Officer of the conciliation forum can refer the matter again to court under (a) Order X, Rule 1B of CPC (b) Order X, Rule 1C of CPC (c) Order X, Rule 3 of CPC (d) Order X, Rule 4 of CPC Where an application for leave to deliver interrogatories has been moved alongwith the interrogatories proposed to be delivered that application shall be decided as provided under Order XI, Rule 2 of CPC within (a) 15 days from the date of submission of application (b) 10 days from the date of submission of application (c) 7 days from the date of submission of application (d) no time prescribed for the purpose List of witness, after settlement of issues, must be filed within (a) 15 days (b) 30 days (c) 45 days (d) 60 days Where a witness fails to appear before the court, without any reasonable ground, under Order XVI, Rule 12 of CPC, such a witness can be penalised to the extent of (a) Rs. 100 (b) Rs. 200 (c) Rs. 500 (d) Rs If a plaintiff fails to sue for the whole of the claim which he is entitled to make in respect

24 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 CPC (b) Order II, Rule 3 of CPC (c) Order II, Rule 4 of CPC (d) Order II, Rule 5 of CPC Order II, Rule 2 of CPC does not apply to (a) application for execution (b) writ petitions (c) both (a) & (b) (d) neither (a) nor (b) Name of a party in a suit can be struck of (a) under Order I, Rule 10 of CPC (b) under Order I, Rule 10A of CPC (c) under Order I, Rule 8 of CPC (d) under Order I, Rule 8A of CPC Pleadings must state (a) facts (b) law (c) evidence (d) all the above 139. Pleadings must be signed (a) by the party (b) by the pleader (c) by the party & his pleader (d) only by the pleader & not by party Which of the following legal pleas need not be pleaded (a) estoppel (b) limitation (c) res-judicata (d) none of the above 141. Which of the following must be stated in the pleadings (a) facta probantia (b) facta probanda

25 (c) both (a) & (b) (d) neither (a) nor (b) 142. Under Order VI, Rule 15 of CPC pleading must be verified by a) all the parties b) any one of the parties c) all the parties if there are more than one or any one of the parties d) only (a) & not (b) In suits by or against a corporation, under Order XXIX, Rule 1' of CPC, pleadings must be signed and verified by (a) the secretary (b) any director (c) other principal officer able to depose (d) either (a) or (b) or (c) Furnishing of further particulars has been provided (a) under Order VI, Rule 4 of CPC (b) under Order VI, Rule 5 of CPC (c) under Order VI, Rule 6 of CPC (d) under Order VI, Rule 7 of CPC Under Order VI, Rule 16 of CPC, the pleadings can be ordered to be struck out (a) if are unnecessary, scandalous, frivolous or vexatious (b) if tend to prejudice, embarras or delay the fair trial (c) if is an abuse of the process of the court 146. Pleading means (a) plaint only (b) plaint and written statement (c) written statement only (d) plaint, written statement & replication Pleading has been defined (a) under Order VI, Rule 1 of CPC (b) under Order VI, Rule 2 of CPC (c) under Order VIII, Rule 1 of CPC (d) under Order VIII, Rule 2 of CPC.

26 148. Pleading can be altered or amended (a) under Order VI, Rule 17 of CPC (b) under Order VI, Rule 16 of CPC (c) under Order VI, Rule 9 of CPC (d) under Order VI, Rule 10 of CPC Pleading can be amended (a) before settlement of issues (b) before conclusion of plaintiff evidence if plaintiff wants to amend the plaint (c) written statement V (d) at any stage of the proceedings Which of the following amendments can be allowed under Order VI, Rule 17 of CPC (a) amendment for granting relief on the basis of different approaches to the same facts (b) amendment taking note of subsequent events (c) amendment for correcting the mis-description of property 151. The provisions of amended Order VI, Rule 17 of CPC do not apply (a) to the pleadings which were filed before the commencement of the Amendment Acts of 1999 and 2002 (b) to the pleadings which have been filed after the commencement of the Amendment Acts of 1999 and 2002 (c) to the pleadings which were filed / completed either before or after the commencement of the Amendment Acts of 1999 and 2002 (d) either (b) or (c) Pleading can be amended (a) before the trial court (b) before the first appellate court 159. (c) before the second appellate court 153. Amendment in pleading shall be effective (a) from the date of the pleading (b) from the date of the application (c) from the date of the order (d) either (b) or (c). 160-

27 154. While considering whether an amendment is to be granted or not (a) the court does not go into the merits of the matter and decides whether or not the claim made therein is bona fide or not (b) the court goes into the merits of the matter and decides... (c) the court may not go into the merits of the matter and decide... (d) the court may not go into the merits of the matter and decide On the ground that an amendment may take the suit out of the jurisdiction of that court (a) is a ground for refusing that amendment (b) may be a '1 ground for refusing that amendment (c) is no ground for refusing that amendment (d) either (a) or (b) For the purpose of Order XIV, Rule 4 of CPC the Court may adjourn the framing of issues to a date not later than (a) 7days (b) 1O days (c) 14 days (d) 30 days Under Order XVI, Rule 1, sub-rule (4) summons may be obtained by the parties within of presenting the list of witnesses (a) 5days (b) 7days (c) 9 days (d) 10 days Under Order XVI, Rule 2 of CPC, the expenses, of a witness for whom the summons have to be obtained, shall be deposited by the party applying for the summons within (a) 5 days of making the application (b) 7 days of making the application (c) 21 days of making the application (d) 10 days of making the application The court instead of examining witnesses in open court direct their statements to be recorded on commission by virtue of (a) Rule 19 of Order XVIII of CPC (b) Rule 4 of Order XVIII of CPC (c) Rule 2 of Order XVIII of CPC

28 (d) Rule 3A of Order XVIII of CPC Copy of the judgment shall be made available to the parties, under Order XX, Rule 1(2) of CPC (a) after 7 days from the pronouncement of judgment (b) immediately after the pronouncement of judgment (c) after 14 days from the pronouncement of judgment (d) after 21 days from the pronounce-ment of judgment 161. Under Order XX, Rule 6A of CPC, decree is to be drawn up in any case within from the date of pronouncement of judgment (a) 10 days (b) 20 days (c) 30 days (d) 15 days 162. Under Order VI, Rule 17 of CPC, the amendment of the pleading may be allowed (a) as may be necessary for determining the real controversy between the parties (b) as to introduce an entirely new & inconsistent case (c) as to take away a right of the defendant which has accrued to him by lapse of time (d) as to withdraw the admission made Amendment allowed under Order VI, Rule 17 of CPC must be carried on, in cases no time is fixed for carrying on the amendment, within (a) 10 days (b) 14 days (c) 15 days (d) 30 days Under Order VII, Rule 14 of CPC, the documents (a) must be filed alongwith the plaint (b) can be filed at the time of framing of issues (c) can be filed at any time after the framing of issue (d) during the evidence Set-off is a (a) reciprocal agreement between the plaintiff and defendant (b) reciprocal ascertainment of debts between the parties (c) both (a) & (b) (d) neither (a) nor (b).

29 166. Set off can be claimed (a) in any suit (b) in a recovery of money suit only (c) either (a) or (b) (d) neither (a) nor (b) Set-off can be of (a) ascertained sum of money (b) an unascertained sum of money (c) -may be ascertained or may be unascertained (d) only (b) 8: not (a) Set-off can be (a) legal set off (b) equitable set-off (c) both (a) & (b) (d) either (a) or (b) In set-off, court fee is (a) payable (b) not-payable (c) discretionary (d) only (b) not (a) 170. In a written statement, a defendant can claim (a) set-off (b) counter-claim (c) both set-off & counter claim (d) either (a) or (b) 171. Which of the following, in respect of set-off is correct (a) set-off can be claimed in a suit for recovery of money (b) the amount claimed must be ascertained amount (c) the amount claimed to be set off must be legally recoverable & not barred by limitation 172. Which of the following can exceed the pecuniary jurisdiction of the court (a) set-off (b) counter-claim (c) both set-off & counter-claim

30 (d) neither set-off nor counter-claim A right to set-off has been granted (a) under Order VIII, Rule 6 of CPC (b) under Order VIII, Rule 6A of CPC (c) under Order VIII, Rule 6B of CPC (d) under Order VIII, Rule 6C of CPC Propositions are I. Set-off and counter-claim arises out of the same transaction. II. Set-off should not be barred on the date of the suit while counter-claim should note barred on the date of filing of written statement. III. Claim for set-off cannot exceed plaintiff's claim, whereas counter-claim can exceed the plaintiff's claim. In respect of the aforesaid which is correct (a) all I, II & III are correct (b) I & II are correct III is incorrect (c) I & III are correct II is incorrect (d) II & III are correct I is incorrect A right to counter-claim has been provided (a) under Order VIII, Rule 6A of CPC (b) under Order VIII, Rule 6B of CPC (c) under Order VIII, Rule 6C of CPC (d) under Order VIII, Rule 6D of CPC If in any case in which the defendant sets up a counter-claim the suit of the plaintiff is stayed, discontinued or dismissed, the counter-claim (a) is liable to be stayed, discontinued or dismissed (b) can nevertheless be proceeded with (c) is liable to be stayed but not discontinued or dismissed (d) is liable to be dismissed & not stayed or discontinued Default in filing of written statement has been dealt with (a) under Order VIII, Rule 8 of CPC (b) under Order VIII, Rule 9 of CPC (c) under Order VIII, Rule 10 of CPC (d) under Order VIII, Rule 7 of CPC.

31 178. On default in filing of written statement under Order VIII, Rule 10 of CPC, pronouncement of judgment (a) is mandatory (b) discretionary (c) directory (d) either (a) or (b) On failure to file the written statement, under Order VIII, Rule 10 of CPC the court (a) may pronounce the judgment at once (b) may order for striking off the defence (c) may pass any other order (d) either (a) or (b) or (c) 180. 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 CPC (b) Order IX, Rule 2 of CPC (c) Order IX, Rule 3 of CPC (d) Order IX, Rule 8 of CPC Where on the date fixed for hearing of a suit, neither of the party appears, the dismissal of the suit shall be (a) under Order IX, Rule 1 of CPC (b) under Order IX, Rule 2 of CPC (c) under Order IX, Rule 3 of CPC (d) under Order IX, Rule 8 of CPC Under Order IX, Rule 2 of CPC a suit can be dismissed (a) when on the date fixed for hearing in a suit, neither of the parties appear (b) when on the date fixed for hearing, the defendant(s) appears but the plaintiff does not appear (c) when the plaintiff fails to pay the court fee or postal charges for the service of summons of the suit to the defendant(s) 183. A suit can be dismissed in default (a) under Order IX, Rule 2 of CPC (b) under Order IX, Rule 3 of CPC (c) under Order IX, Rule 8 of CPC (d) both (b) & (c).

32 184. Order IX, Rule 3 of CPC applies (a) when on the date fixed for hearing in a suit neither party appears (b) when on the date fixed for hearing in a suit only defendant appears & the plaintiff does not appear (c) when the plaintiff fails to pay the court fee or postal charges for service of summons of the suit on the defendant(s) 185. Under Order IX, Rule 4 of CPC a suit can be restored if dismissed (a) under Order IX, Rule 2 of CPC (b) under Order IX, Rule 3 of CPC (c) under Order IX, Rule 8 of CPC (d) only under (a) & (b) When a suit is dismissed under Order IX, Rule 2 or under Order IX, Rule 3 of CPC, a fresh suit under Order IX, Rule 4 of CPC, the same cause of action is (a) not barred at all (b) barred under all the circumstances (c) not barred if within limitation (d) either (a) or (b) 187. Under Order IX, Rule 8 of CPC, a suit can be dismissed if (a) on the date of hearing only the defendant (b) appears and the plaintiff does not appear on the date of hearing neither party appears (c) court fee or postal charges are not paid by the plaintiff for issuance of summons to the defendant (d) 188. A suit dismissed under Order IX, Rule 8 of CPC, can be restored (a) under Order IX, Rule 4 of CPC (b) under Order IX, Rule 9 of CPC (c) both under (a) and (b) (d) neither under (a) nor (b) Under Order IX, Rule 8 of CPC, for non- appearance of the plaintiff, a suit cannot be dismissed (a) if the defendant admitted the whole claim of the plaintiff (b) if the defendant admits the claim of the plaintiff in part, to the extent of claim admitted (c) both (a) and (b)

33 (d) neither (a) nor (b) After dismissal of suit under Order IX, Rule 8 of CPC, a fresh suit on the same cause of action, under Order IX, Rule 9 of CPC (a) is barred (b) is not barred under any circumstances (c) is not barred subject to law of limitation (d) either (b) or (c) An application for restoration of the suit under Order IX, Rule 4 of CPC or under Order IX, Rule 9 of CPC, must be made, within (a) 15 days of dismissal (b) 30 days of dismissal (c) 60 days of dismissal (d) 90 days of dismissal Order IX, Rule 6 of CPC provides for procedure when only the plaintiff appears and defendant does not appear on the date of hearing in the contingency (a) when summons duly served on the defendant (b) when summons served on the defendant but not within sufficient time (c) when summons not duly served 193. Under Order IX, Rule 6 of CPC (a) defence of the defendant can be struck of (b) defendant can be proceeded against ex- parte (c) judgment can be pronounced against the defendants (d) all the above 194. An order under Order IX, Rule 6 of CPC can be set aside a) under Order IX, Rule 7 of CPC b) under Order IX, Rule 9 of CPC c) under Order IX, Rule 11 of CPC d) under Order IX, Rule 13 of CPC application under Order IX, Rule 7 of CPC can be made (a) within 30 days of the Order (b) within 60 days of the Order (c) any time during the pendency of the suit (d) at any time on or before the next date of hearing.

34 196. Where a plaintiff, who is ordered to appear in person, fails to appear, under Order IX, Rule 12 of CPC, the suit of the plaintiff is liable to be (a) stayed (b) dismissed (c) either stayed or dismissed (d) neither stayed nor dismissed Where a defendant, who has been ordered to appear in person, fails to appear, under Order IX, Rule 12 of CPC (a) the defence of the defen/dant is liable to be struck off (b) the defendant is liable to be proceeded ex- (c) either (a) or (b) parte (d) neither (a) nor (b) An ex-parte decree can be set aside (a) under Order IX, Rule 7 of CPC (b) under Order IX, Rule 11 of CPC (c) under Order IX, Rule 13 of CPC (d) under Order IX, Rule 12 of CPC An ex-parte decree can be set aside on the ground of (a) summons not duly served (b) being prevented by any sufficient cause from appearance (c) non-appearance due to non-availability of documents with the plaint (d) both (a) & (b) Remedies available against an ex-parte decree include (a) appeal (b) review (c) application for setting aside the decree 201. An application under Order IX, Rule 13 of CPC can be made within 3 (a) 30 days of the decree (b) 60 days of the decree (c) 90 days of the decree (d) 6 months of the decree After being proceeded against ex-parte, the defendant is (a) precluded absolutely from participating in any proceeding in the suit

35 (b) at liberty to join the proceedings at the stage where the proceedings are pending (c) at liberty to join the proceedings and do all the things which it could have done, had he not been proceeded against ex- parte, without getting the ex-parte order set aside (d) either (a) or (c) Discovery by interrogatories & inspection has been provided (a) under Order X of CPC (b) under Order XI of CPC (c) under Order XV of CPC (d) under Order XVI of CPC 204. Interrogatories shall be answered as provided under Order XI, Rule 8 of CPC (a) on a simple application (b) on an affidavit (c) by filing the documents 205. Affidavit in answer to interrogatories shall be filed (a) within 7 days of the order (b) within 10 days of the order (c) within 14 days of the order (d) within 15 days of the order Interrogatories can be set aside or struck off, on an application under Order XI, Rule 7 of CPC, made within (a) 7 days of service of interrogatories (b) 10 days of service of interrogatories (c) 14 days of service of interrogatories (d) 15 days of service of interrogatories Objections to interrogatories under Order XI, Rule 6 of CPC can be made if it is (a) scandalous (b) irrelevant (c) not bonafide 208. Grounds for setting aside interrogatories contained in Order XI, Rule 7 of CPC are (a) prolix (b) oppressive (c) unnecessary