Practice Test

Q1) CPC Stands for; Show Answer

Q2) Which of the following statement is false: Show Answer

Q3) "Judgement" as defined in Section 2(9) of the Civil Procedure Code means: Show Answer

Q4) Essentials of a decree are: Show Answer

Q5) A decree may be: Show Answer

Q6) A decree comes into existence as soon as the _____ is pronounced and not on the date when is is sealed and signed. Show Answer

Q7) Which of the following statement is true: Show Answer

Q8) Which of the following statement is true: Show Answer

Q9) __________ means any person in whose favour a decree has been passed or an order capable of execution has been made. Show Answer

Q10) __________ means any person against whom a decree has been passed or an order capable of execution has been has been made. Show Answer

Q11) According to Section 104 of the Code, no appeal lies against orders other than what is expressly provided in the Code or any other law for the time being in force. Under the Code, appealable orders are: Show Answer

Q12) The Court may, on the application of any to a suit, pass order on different applications and any order which is not the final order in a suit is called an "___________ order". Show Answer

Q13) The main difference between an order and a decree is that: Show Answer

Q14) A limitation on jurisdiction of a Civil Court may be any of the following Show Answer

Q15) Which of the following statement is false: Show Answer

Q16) Section 10 provides that no Court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties or between parties under whom they or any of them claim, litigating under the same title, where such suit is pending in the same or any other Court (in India) having jurisdiction to grant the relief claimed, or in any Court beyond the limits of India establishment or continued by the Central Government and having like jurisdiction, or before the Supreme Court. This is known as Doctrine of _____ . Show Answer

Q17) Essential conditions for stay of suits under Doctrine of Re sub judice are: Show Answer

Q18) Which Section is enacted to prevent the Courts of concurrent jurisdiction from simultaneously trying two parallel suits in respect of same matter in issue? Show Answer

Q19) Section 15 lays down that every suit shall be instituted in the Court of the ________ grade to try it. Show Answer

Q20) Where the jurisdiction for a suit is to obtain relief respecting, or compensation for wrong to immovable property situated within the local limits of jurisdiction of different courts, the suit may be instituted in _______ within the local limits of whose jurisdiction the property is situated provided the value of the entire claim is cognizable by such court. Show Answer

Q21) Where a suit is for compensation for wrong done to the person or to movable property, if the wrong was done within the local limits of the jurisdiction of another court, the suit may be instituted at the option of the plaintiff in ______ of the courts. Show Answer

Q22) Where there might be two or more competent courts which could entertain a suit consequent upon a part of cause of action having arisen therewith if the parties to the contract agreed to vest jurisdiction in one such court to try the dispute. Such an agreed to vest jurisdiction in one such court to try the dispute, Such an agreement would be: Show Answer

Q23) ____ in Section 11 of the Civil Procedure Code deals with bar or restraint on repetition of litigation of thee same issues. Show Answer

Q24) For the applicability of the principle of res judicata embodied in Section 11, which of the requirements are necessary: Show Answer

Q25) ________ principle applies where an issue which has been raised in a subsequent suit was directly and substantially in issue in a former suit between the same parties and was heard and decided finally. Show Answer

Q26) Even if erroneous, an inter party judgement binds the party if the court of competent jurisdiction has decided the lis. Show Answer

Q27) The principle of res judicata does not generally apply to a consent or compromise decree. Show Answer

Q28) The rule of _______ relates to a matter which is pending judicial enquiry while ______ relates to a matter adjudicated upon or a matter on which judgement has been pronounced. Show Answer

Q29) ________ arises out of considerations of public policy viz., that there should be an end to litigation on the same matter. Show Answer

Q30) Dismissal of a suit for default, where there has been no adjudication on the merits of the application, will not operate as res judicata. Show Answer

Q31) Explanation V states that any relief claimed in the plaint but not expressly granted shall be deemed to have been refused. This is known as : Show Answer

Q32) Res-Judicata does not presume conclusive the truth of the former decision and ousts the jurisdiction of the Court to try the case. Show Answer

Q33) ________ is a reciprocal acquittal of debts between the plaintiff and defendant. It has the effect of extinguishing the plaintiff's claim to the extent of the amount claimed by the defendant as a counter claim. Show Answer

Q34) A defendant in a suit may, in addition to his right of pleading a set-off under Rules, set up by way of ____ against the claim of the plaintiff, any right or claim in respect of a cause of action accruing to the defendant against the plaintiff either before or after filling of the suit but before the defendant has delivered his defence or before the time limited for delivering his defence has expired. Show Answer

Q35) _______ means claim set-off in respect of an unascertained sum of money where the claim arises out of the same transaction, or transactions which canbe considered as one transaction, or where there is knowledge on both sides of an existing debt due to one party and a credit by the other party found on and trusting to such debt as a means of discharging it. Show Answer

Q36) ___________ are passed by court to restrain any such act or make such other for the purpose of staying and preventing the wasting, damage, alienation or sale or removal or disposition of the property or dispossession of the plaintiff, or otherwise causing injury to the plaintiff in relation to any property in dispute in the suit. Show Answer

Q37) The Court may grant temporary injunction where it can be proved: Show Answer

Q38) In order to obtain injunction it is not necessary for the plaintiff to satisfy the Court that substantial and irreparable harm or injury would be suffered by him. Show Answer

Q39) The Court may, on the application of any party to a suit order the sale, by any person named in such order, and in such manner and on such terms as it thinks fir, of any movable property, being the subject-matter of such suit, or attached before judgement in such suit, which is subject to speedy and natural decay, or which for any other just and sufficient cause it may be desirable to be sold at once. Such orders by the court are known as: Show Answer

Q40) Which among the following statement is true: The Court may, on application of any to a suit, and on such terms as it thinks fit: Show Answer

Q41) _________ ordinarily is a civil action started by presenting a plaint in duplicate to the court containing concise statement of the material facts, on which the party pleading relies for his claim or defence. Show Answer

Q42) In every plaint the facts must be proved by an ________ Show Answer

Q43) The main essentials of the suit are: Show Answer

Q44) Where a plaintiff omits to sue in respect of or intentionally relinquishes any portion of his claim, he shall not afterwards sue in respect of the portion so omitted or relinquished. Show Answer

Q45) Where more than one persons joined in one suit as plaintiffs or defendants in whom or against whom any right to relief does not arise or against whom separate suits are brought, common question of law or fact would arise, it is a case of ________ . Show Answer

Q46) What is the essential factors to avoid Misjoinder of parties: Show Answer

Q47) It is sufficient that if there is one common question of ;aw or of fact to avoid misjoinder of parties: Show Answer

Q48) "________" means every fact which, if traversed, would be necessary for the plaintiff to prove in order to support his right to the judgement of the Court. Show Answer

Q49) If the plaintiffs are not jointly interested in all the causes of action, then there is: Show Answer

Q50) When the suit has been duly instituted, the Court issues an order known as _______ to the defendant to appear and answer the claim and to file written statement of his defence if any Show Answer

Q51) When court issues Summons, defendant has to appear within _______ days from the date of service of summons. Show Answer

Q52) If the defendant fails to file the written statement within the prescribed period of 30 days, he is allowed to file the same on such other days as specified by the Court for reasons to be in writing but but not later than _____ days from the date of service of summons. Show Answer

Q53) Every summons must be signed by : Show Answer

Q54) Every summons need not be accompanied by a copy of the plaint. Show Answer

Q55) When an acknowledgment or any other receipt purporting to be signed by the defendant or his agent is received by he Court or postal article containing the summons is received back by the Court with an endorsement purporting to have been made by a postal employee or by any person authorised by the courier service to the effect that the defendant or his agent had refused to take delivery of the postal article containing the summons or had refused to accept the summons by any other means specified in sub-rule (3) when tendered or transmitted to him, the Court issuing the summons shall declare that the summons: Show Answer

Q56) In the case of a defendant who is a ________ , the court may, if more convenient, send the summons to the head of the office in which he is employed. Show Answer

Q57) Which of the following statement is false: Show Answer

Q58) If the defendant is absent in spite of service of summons and the plaintiff appears, the Court may proceed_____ Show Answer

Q59) A defendant has following remedies available if an ex-parte decree is passed against him: Show Answer

Q60) Discovery may be : Show Answer

Q61) A party may refuse to produce the document for inspection on the following grounds: Show Answer

Q62) " _________ " means that one party accepts the case of the other party in whole or in part to be true. Show Answer

Q63) An __________ is a written statement of the deponent on oath duly affirmed before any Court or Magistrate of any Oath Commissioner appointed by the court or before the Notary Public. Show Answer

Q64) If the judgement is not pronounced at once every endeavour shall be made by the Court to pronounce the judgement within a period of ______ days from the date on which the hearing of the case was concluded. Show Answer

Q65) Which of the following statement is false: Show Answer

Q66) Decree should be drawn up expeditiously and in any case within a period of _______ days from the date on which the

judgement is pronounced. Show Answer

Q67) _______ is the enforcement of decrees or orders of the Court. Show Answer

Q68) Right to appeal is a: Show Answer

Q69) Various types of appeals provided under the Civil Procedure Code are: Show Answer

Q70) Appeals from original decrees may be preferred in the Court _____ to the Court passing the decree. Show Answer

Q71) No appeal lies in any suit of the nature cognizable by Courts of small causes when the amount or value of the subject matter of the original suit does not exceed ______ thousand rupees. Show Answer

Q72) As per Section 100 of the Civil Procedure Code, an appeal lies to the ______ from every decree passed in appeal by any
subordinate Court if the High Court is satisfied that the case involves a substantial question of law. Show Answer

Q73) Second appeal lies to the High Court in case where: Show Answer

Q74) Under what circumstances appeals to the Supreme Court would lie: Show Answer

Q75) Under what circumstance the appellate court has a discretion to allow additional evidence: Show Answer

Q76) How many kinds of Appeals are there under the Civil Procedure Code? Show Answer

Q77) At any time before judgement a court in which a suit has been instituted may state a case and refer the same for opinion of the High Court and the High Court may make such order thereon as it thinks fit. This is known as ________ . Show Answer

Q78) Any person considering himself aggrieved by a decree or order may apply for a ______ of judgement to the court which passed the decree or made the order. Show Answer

Q79) Aggrieved person can make review on any of the following grounds: Show Answer

Q80) The High Court may call for the record of any case which has been decided by any Court subordinate to such High Court
and in which no appeal lies thereto. This is known as ______ Show Answer

Q81) The High Court may call for revision where it appears that subordinate Court: Show Answer

Q82) In suits by or against a corporation, any pleading may be signed and verified on behalf of the corporation: Show Answer

Q83) A minor is a person who has not completed the age of ______ Years. Show Answer

Q84) Every suit by a minor shall be instituted in his name by a person who in such suit shall be called the _______ of the minor. Show Answer

Q85) procedure by way of summary suit applies to suits upon: Show Answer

Q86) The summary suit must be brought within _____ year from the date on which the debt becomes due and payable. Show Answer

Q87) To which of the Courts are the rules for summary suit procedure applicable? Show Answer

Q88) Which of the following conditions are required for the principle of res judicata to suits as applied by Courts vide section 11 of the Code of Civil Procedure, 1908 Show Answer

Q89) Which of the following conditions are required for the principle of res judicata to suits as applied by Courts vide section 11 of the Code of Civil Procedure, 1908 Show Answer

Q90) What remedies are available to a defendant, if an ex-parte decree is passed against him? Show Answer

Q91) _______ is a written statement of the deponent on oath duty affirmed before any Court or any magistrate or any Oath Commissioner appointed by the Court or before the Notary Public. Show Answer

Q92) An arbitral award ___ Show Answer

Q93) The right of review has been conferred by the Code of Civil Procedure, 1908. It provides that person considering himself aggrieved by a decree or order may apply for a review of judgement to the ________ Show Answer

Q94) Appellate court can allow additional evidence in the following circumstance except? Show Answer

Q95) Under the Code of Civil Procedure, 1908 a person against whom a decree has been passed or an order capable of execution has been made, is called- Show Answer

Q96) Section 11 of the Code of Civil Procedure, 1908 deals with the - Show Answer

Q97) Right of appeal is a - Show Answer

Q98) Which of the following remedies is available to a defendant if an ex-parte decree is passed against him:
(1) He may file an appeal against the ex-parte decree under section 96 of the code of Civil Procedure, 1908.
(ii) He may file an application for review of the judgement
(iii) He may apply for setting aside the ex- parte decree.
Select the correct answer from the options given below-
Show Answer

Q99) Under the Code of Civil Procedure, 1908 the defendant has to file a written statement of his defence within a period of ________ from the date of service of summons. Show Answer

Q100) In the case of a conflict between the doctrine of res judicata and the doctrine of lis pendens- Show Answer

Q101) An appeal cannot lie from- Show Answer

Q102) A reside at Simla, B at Calcutta and C at Delhi. A, B and C are together at Banaras. B and C make a joint promissory note payable at demand and delivered it to A. A wants to file a suit against B and C to recover the money. A can file it in the court at- Show Answer

Q103) The expression former suit in section 11 of the Code of civil Procedure, 1908 denotes a suit- Show Answer