Code of Civil Procedure(MCQs)Objective question-2nd Set

Unsolved Objective question

1. 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).

2. 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.

3. 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.

4. 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.

5. Under section 13 of CPC, a foreign judgment can be challenged on the grounds of
(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
(d) all the above.

6. How many grounds of attack the foreign judgment have been provided under section 13 of CPC
(a) seven
(b) six
(c) five
(d) four.

7. 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.

8. 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).

9. 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
(d) all the above.

10. Section 15 of CPC lays down
(a) a rule of procedure
(b) a rule of jurisdiction
(c) a rule of evidence
(d) all the above.

11. 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
(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).

12. 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
(d) all the above.

13. 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.

14. The Code of Civil Procedure,‘ 1908 183 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
(d) all the above.

15. 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.

16. 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
(c) either (a) or (b) at the option of the plaintiff
(d) anywhere in India.

17. ‘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.

18. 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).

19. 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) ¬ (b).

20. 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).

21. 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
(d) all the above.

22. A suit relating to partnership dissolved in a foreign country can be filed at a place
(a) in foreign country
(b) where the parties to the suit reside in India
(c) both (a) & (b)
(d) allover India.

23. 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
(d) all the above.

24. 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).

25. 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.

26. 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
(d) all the above.

27. Section 20 of CPC does not apply to
(a) arbitration proceedings
(b) civil proceedings
(c) both (a) & (b)
(d) neither (a) nor (b).

28. 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)
(d) neither (a) nor (b).

29. 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.

30. 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).

31. 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).

32. 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.

33. 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

34. 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
(c) Rs. 5,000
(d) Rs. 10,000.

35. 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).

36. 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).

37. 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.

38. 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.

39. 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

40. 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. 1,00,000. 96

41. 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.

42. 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.

43. 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).

44. 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.

45. 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
(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.

46. 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).

47. 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).

48. 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

49. 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.

50. 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).


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