Code of Civil Procedure, 1908 Model Test 11 (English)

CPC Model Test 11 (English)

Code of Civil Procedure, 1908

Questions: 50
Full Marks: 50
Time: 30 Minutes

1 / 50

Under Order XXIII, Rule 1, at any time after the institution of a suit, the plaintiff may:

A) Abandon his suit or abandon a part of his claim

B) Force the defendant to settle

C) Change the judge

D) Transfer the case to another district

2 / 50

Under Order XLI, Rule 19, where an appeal is dismissed for appellant's default, the appellant may apply to the Appellate Court for the re-admission of the appeal; and if it is proved that he was prevented by any:

A) Sufficient cause from appearing

B) Advice of a friend

C) Financial problem

D) Lack of legal knowledge

3 / 50

Under Order XXXII, Rule 1, every suit by a minor shall be instituted in his name by a person who in such suit shall be called the:

A) Recognized agent

B) Next friend

C) Guardian ad litem

D) Amicus curiae

4 / 50

Under Order XXIII, Rule 1(3), if the plaintiff withdraws from a suit without the Court's permission, he shall be:

A) Allowed to appeal

B) Precluded from instituting any fresh suit in respect of such subject-matter

C) Arrested

D) Fined heavily

5 / 50

Under Order XLI, Rule 11, the Appellate Court, after fixing a day for hearing the appellant or his pleader and hearing him accordingly if he appears on that day, may:

A) Dismiss the appeal without sending notice to the Court from whose decree the appeal is preferred and without serving notice on the respondent

B) Not dismiss the appeal at all

C) Arrest the appellant

D) Must call the respondent

6 / 50

Under Order XXIV, Rule 1, the defendant in any suit to recover a debt or damages may, at any stage of the suit, deposit in Court:

A) Fake currency

B) Immovable property

C) Such sum of money as he considers a satisfaction in full of the claim

D) Half the amount claimed

7 / 50

Under Order XXII, Rule 8, the insolvency of a plaintiff in any suit which the assignee or receiver might maintain for the benefit of his creditors, shall not cause the suit to abate, unless:

A) The receiver declines to continue the suit

B) The defendant is also insolvent

C) The plaintiff is arrested

D) The Court dismisses it

8 / 50

Under Order XXVI, Rule 9, the Court may issue a commission to such person as it thinks fit directing him to make:

A) A public announcement

B) An arrest

C) A property sale

D) A local investigation for the purpose of elucidating any matter in dispute

9 / 50

Under Order XXXII, Rule 15, the provisions relating to minors shall also apply to:

A) Foreigners

B) Senior citizens

C) Women

D) Persons adjudged, before or during the pendency of the suit, to be of unsound mind

10 / 50

Under Order XXII, Rule 4, if the sole defendant dies and the right to sue survives, who shall be made a party?

A) His legal representative

B) The local police

C) The amicus curiae

D) The Government

11 / 50

Under Order XXXVIII, Rule 5, where, at any stage of a suit, the Court is satisfied that the defendant is about to dispose of his property to obstruct or delay the execution of any decree, it may direct him to:

A) Furnish security or produce the property and place it at the disposal of the Court

B) Leave the country

C) Go to jail

D) Admit the claim

12 / 50

Under Order XXXIII, Rule 2, every application for permission to sue as a pauper shall contain the particulars required in regard to:

A) Appeals

B) A written statement

C) Plaints in suits

D) Affidavits

13 / 50

Under Order XXVI, Rule 11, the Court may issue a commission to examine or adjust:

A) The pleadings

B) The accounts

C) The witness's background

D) The judge's decisions

14 / 50

Under Order XLV, Rule 2, whoever desires to appeal to the Appellate Division shall apply by petition to the:

A) Court whose decree is complained of

B) Trial Court

C) Local Police

D) District Court

15 / 50

Under Order XXXVII, Rule 1, the summary procedure applies to suits upon:

A) Divorce

B) Defamation

C) Bills of exchange, hundies and promissory notes

D) Immovable property

16 / 50

Under Order XLI, Rule 23, where the Court from whose decree an appeal is preferred has disposed of the suit upon a preliminary point and the decree is reversed in appeal, the Appellate Court may:

A) Arrest the trial judge

B) Dismiss the suit

C) Keep the case pending forever

D) Remand the case

17 / 50

Under Order XL, Rule 1, where it appears to the Court to be just and convenient, the Court may by order appoint a:

A) Receiver of any property, whether before or after decree

B) Next friend

C) Amicus curiae

D) Prime Minister

18 / 50

Under Order XLI, Rule 27, the parties to an appeal shall not be entitled to produce additional evidence in the Appellate Court unless:

A) They simply want to

B) The Court from whose decree the appeal is preferred has refused to admit evidence which ought to have been admitted, or the Appellate Court requires it

C) It is an oral statement

D) The lawyer advises it

19 / 50

Under Order XXXVIII, Rule 1, where at any stage of a suit it appears that the defendant has absconded or left the local limits to delay the plaintiff, the Court may issue a warrant to:

A) Attach his property

B) Arrest the defendant and bring him before the Court

C) Dismiss the suit

D) Sell his property

20 / 50

Under Order XLI, Rule 1, every appeal shall be preferred in the form of a memorandum signed by the appellant or his pleader and presented to the:

A) Ministry of Law

B) Supreme Court

C) Police Station

D) Court or to such officer as it appoints in this behalf

21 / 50

Under Order XXXI, Rule 1, in all suits concerning property vested in a trustee, executor or administrator, the trustee, executor or administrator shall represent:

A) The Court

B) Only himself

C) The Government

D) The persons beneficially interested in such property

22 / 50

Under Order XXXIII, Rule 1, any suit may be instituted by a "pauper" (indigent person), who is a person:

A) Who is below 18 years

B) Not possessed of sufficient means to enable him to pay the fee prescribed by law for the plaint

C) Who is very rich but refuses to pay

D) Who is a foreigner

23 / 50

Under Order XXX, Rule 1, any two or more persons claiming or being liable as partners and carrying on business may sue or be sued in the name of:

A) A random employee

B) Their respective wives

C) The eldest partner

D) The firm (if any) of which such persons were partners at the time of the accruing of the cause of action

24 / 50

Under Order XLI, Rule 3, where the memorandum of appeal is not drawn up in the manner prescribed, it may be:

A) Accepted anyway

B) Published in a newspaper

C) Rejected, or be returned to the appellant for the purpose of being amended

D) Sent to the trial court

25 / 50

Under Order XXIX, Rule 1, in suits by or against a corporation, any pleading may be signed and verified by:

A) The local UP Chairman

B) The Secretary or any Director or other principal officer

C) Any shareholder

D) The security guard

26 / 50

Under Order XXXIX, Rule 6, the Court may, on the application of any party to a suit, order the sale, by any person named in such order, of:

A) Any smuggled goods

B) The court furniture

C) Any immovable property

D) Any movable property which is the subject-matter of such suit and which is subject to speedy and natural decay

27 / 50

Under Order XLI, Rule 1(1), the memorandum of appeal shall be accompanied by:

A) Affidavits from all witnesses

B) A copy of the decree appealed from and (unless dispensed with) the judgment

C) A blank cheque

D) The original property deeds

28 / 50

Under Order XLI, Rule 10, the Appellate Court may, in its discretion, demand from the appellant:

A) Security for the judge's travel expenses

B) Security for the costs of the appeal

C) An apology letter

D) Half of the decreed amount

29 / 50

Under Order XLI, Rule 22, any respondent, though he may not have appealed from any part of the decree, may not only support the decree on any of the grounds decided against him in the Court below, but take any:

A) Direct action

B) Hostage

C) Cross-objection to the decree which he could have taken by way of appeal

D) Fresh evidence without permission

30 / 50

Under Order XLII, Rule 1, the rules of Order XLI shall apply, so far as may be, to:

A) Criminal trials

B) Original suits

C) Appeals from appellate decrees

D) Interlocutory orders

31 / 50

Under Order XXXII, Rule 7, no next friend or guardian for the suit shall, without the leave of the Court, enter into any:

A) Business partnership

B) Marriage contract

C) Property purchase

D) Agreement or compromise on behalf of a minor with reference to the suit

32 / 50

Under Order XXXIV, Rule 2, in a suit for foreclosure, if the plaintiff succeeds, the Court shall pass a:

A) Summary judgment

B) Decree for arrest

C) Final decree immediately

D) Preliminary decree

33 / 50

According to Order XXIII, Rule 3, where it is proved that a suit has been adjusted wholly or in part by any lawful agreement or compromise, the Court shall:

A) Refer to mediation

B) Reject the agreement

C) Order a trial

D) Record such agreement, compromise or satisfaction and pass a decree in accordance therewith

34 / 50

Under Order XXXIV, Rule 1, subject to the provisions of this Code, all persons having an interest either in the mortgage-security or in the right of redemption shall be joined as parties to any suit relating to:

A) Defamation

B) Marriage disputes

C) Simple contracts

D) Mortgages

35 / 50

Under Order XLI, Rule 17, where on the day fixed for hearing the appeal, the appellant does not appear when the appeal is called on for hearing, the Court may make an order that the appeal be:

A) Dismissed

B) Sent to the Supreme Court

C) Allowed

D) Decreed ex parte

36 / 50

Under Order XXXVI, Rule 1, parties claiming to be interested in the decision of any question of fact or law may enter into an agreement in writing stating such question in the form of a:

A) Affidavit

B) Plaint

C) Written statement

D) Case for the opinion of the Court

37 / 50

Under Order XLIII, Rule 1, an appeal shall lie from which of the following orders?

A) An order under rule 10 of Order VII returning a plaint

B) A judgment in an original suit

C) An order passing a final decree

D) A summons to a witness

38 / 50

Under Order XL, Rule 3, every receiver so appointed shall:

A) Ignore the Court's directions

B) Sell the property secretly

C) Keep the property for himself

D) Furnish such security as the Court thinks fit, and submit his accounts

39 / 50

Under Order XXXIX, Rule 1, where in any suit it is proved by affidavit or otherwise that any property in dispute is in danger of being wasted, damaged or alienated, the Court may grant a:

A) Warrant of arrest

B) Temporary injunction

C) Permanent injunction

D) Decree of divorce

40 / 50

Under Order XXXV, Rule 1, in every suit of interpleader the plaint shall, in addition to other statements, state:

A) That the plaintiff is a minor

B) That the plaintiff claims no interest in the subject-matter in dispute other than for charges or costs

C) That the plaintiff claims full ownership

D) That the plaintiff is bankrupt

41 / 50

Under Order XXXIX, Rule 2(3), in case of disobedience or breach of any terms of an injunction, the Court may order the property of the person guilty of such disobedience to be attached, and may also order such person to be detained in the civil prison for a term not exceeding:

A) One year

B) Three months

C) One month

D) Six months

42 / 50

According to Order XXXII, Rule 3, where the defendant is a minor, the Court, on being satisfied of the fact of his minority, shall appoint a proper person to be:

A) Next friend

B) Executor

C) Receiver

D) Guardian for the suit (Guardian ad litem)

43 / 50

Under Order XXVII, Rule 1, in any suit by or against the Government, the plaint or written statement shall be signed by:

A) The President

B) The Prime Minister

C) Such person as the Government may appoint in this behalf

D) Any citizen

44 / 50

Under Order XLI, Rule 5(1), an appeal shall not operate as a stay of proceedings under a decree or order appealed from except so far as:

A) The police direct

B) The trial court decides automatically

C) The Appellate Court may order

D) The appellant desires

45 / 50

Under Order XXVI, Rule 1, the Court may in any suit issue a commission for the examination of:

A) Any person who refuses to come to court

B) Any person resident within the local limits of its jurisdiction who is exempted from attending the Court or who is from sickness or infirmity unable to attend it

C) The plaintiff only

D) The defendant only

46 / 50

Under Order XXVIII, Rule 1, where any officer, soldier, sailor or airman is a party to a suit and cannot obtain leave of absence, he may:

A) Authorize any person to sue or defend in his stead

B) Skip the trial entirely

C) Cancel the suit

D) Demand a military tribunal

47 / 50

Under Order XXVII, Rule 2, persons being ex officio or otherwise authorized to act for the Government shall be deemed to be:

A) Recognized agents

B) Defendants

C) Pleaders

D) Amicus Curiae

48 / 50

Under Order XXXVII, Rule 2(3), in a summary suit, the defendant shall not defend the suit unless he:

A) Enters an appearance and obtains leave from the Court

B) Files a written statement immediately

C) Pays the full amount

D) Appears and asks for time

49 / 50

Under Order XXV, Rule 1, at any stage of a suit, the Court may order the plaintiff to give security for the payment of:

A) The defendant's business losses

B) The judge's salary

C) The witness's family expenses

D) All costs incurred and likely to be incurred by any defendant

50 / 50

Under Order XXXIII, Rule 10, where the plaintiff succeeds in a pauper suit, the court-fees which would have been paid by the plaintiff if he had not been permitted to sue as a pauper shall be:

A) Calculated and recovered by the Government from any party ordered by the decree to pay the same

B) Donated to charity

C) Waived permanently

D) Paid by the judge

The average score is 0%

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Code of Civil Procedure, 1908

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