HIGHER JUDICIAL SERVICE EXAMINATIONCIVIL

OBJECTIVE SAMPLE QUESTIONS ON THE CODE OF CIVIL PROCEDURE, 1908 [2nd SET]

CODE OF CIVIL PROCEDURE, 1908

1.  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
(d) all the above.

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)
(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
(d) all the above.

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
(d) all the above.

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
(d) all the above.

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 ‘
(d) all the above.

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).

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
(d) all the above.

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.   The 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
(d) all the above.

25.   Which of the following is not a right of civil nature

(a) caste &; religion
(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
(d) all the above.

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
(d) all the above.

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

(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
(d) explanation VII to section 11.

43.  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
(d) all the above.

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)
(d) neither (a) nor (b).

49.   Principle of res—judicata is

(a) mandatory
(b) directory
(c) discretionary
(d) all the above.

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).


 

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