Code of Civil Procedure, 1908 Model Test 17 (English)

CPC Model Test 17 (English)

Code of Civil Procedure, 1908

Questions: 50
Full Marks: 50
Time: 30 Minutes

1 / 50

An order passed under Section 104 (read with Order XLIII) is appealable. Can a "Second Appeal" be filed against an appellate order passed under this section?

A) Yes, with High Court permission

B) No, Section 104(2) specifically bars a second appeal against an order passed in an appeal

C) Only in property matters

D) Yes, always

2 / 50

In suits involving a Public Nuisance, a suit for declaration and injunction can be instituted by the Attorney General, or by:

A) Two or more persons, with the leave of the Court

B) The local police

C) Any single individual without permission

D) The Prime Minister

3 / 50

A receiver appointed under Order XL is primarily responsible for:

A) Helping the plaintiff win the case

B) Acting as a judge

C) Arresting the defendant

D) The management, protection, preservation, and improvement of the property, the collection of rents/profits, and accounting for them to the court

4 / 50

Which order deals specifically with "Suits by or against Military or Naval men or Airmen"?

A) Order XXVIII

B) Order XXVII

C) Order XXX

D) Order XXXII

5 / 50

The primary difference between Res Judicata (Sec 11) and Order II, Rule 2 is that Res Judicata bars a second suit on the same 'issue' that was decided, while Order II, Rule 2 bars a second suit on the same:

A) Court

B) Cause of Action

C) Property

D) Defendant

6 / 50

The term "Caveat" under Section 148A of the CPC (English) allows a person to:

A) Arrest a debtor

B) Withdraw a suit secretly

C) Claim property before someone else does

D) Lodge a formal notice in court that no ex parte interim order should be passed against them without giving them a notice of hearing

7 / 50

If a witness is present in court, but refuses to give evidence or produce a document without a lawful excuse, the Court may under Order XVI, Rule 20:

A) Send them home

B) Pronounce judgment against them or make such order as it thinks fit

C) Pay them more money

D) Ignore them

8 / 50

Under Order XXXIX, Rule 2A (or relevant rule), disobedience of an injunction can lead to attachment of property. How long can this attachment remain in force maximum?

A) 1 month

B) 6 months

C) 1 year

D) 5 years

9 / 50

Can a purely clerical or arithmetical mistake in a judgment be corrected after the decree is signed?

A) Only by the Supreme Court

B) Yes, by the Court at any time either of its own motion or on the application of any of the parties

C) Only within 30 days

D) No, it requires a full fresh appeal

10 / 50

A plaintiff wishes to withdraw a suit because the parties have compromised out of court. Which provision applies?

A) Order I, Rule 10

B) Order IX, Rule 4

C) Order XXIII, Rule 1

D) Order XVII, Rule 3

11 / 50

If a temporary injunction order is violated, the court may attach the property of the violator and order civil imprisonment up to:

A) 15 days

B) 6 months

C) 2 years

D) 1 month

12 / 50

Order VIII, Rule 5 states that allegations of fact in a plaint, if not specifically denied, are deemed admitted. However, this rule does NOT strictly apply against:

A) A corporation

B) A person under a disability (e.g., a minor or person of unsound mind)

C) A foreign citizen

D) A rich defendant

13 / 50

Cross-objections in an appeal under Order XLI, Rule 22 are filed by:

A) The Respondent against a part of the decree that went against them

B) The Appellant

C) The Trial Judge

D) The Government

14 / 50

The phrase "Ubi jus ibi remedium" (where there is a right, there is a remedy) forms the basis of which section that gives Civil Courts the jurisdiction to try all suits of a civil nature?

A) Section 151

B) Section 11

C) Section 9

D) Section 10

15 / 50

What is the standard mode of executing a decree for restitution of conjugal rights?

A) Forcing the spouse to live together physically

B) Attachment of the judgment-debtor's property

C) Immediate imprisonment

D) Canceling the marriage

16 / 50

A plaint must contain the facts constituting the cause of action and:

A) The evidence by which it is to be proved

B) The names of all future witnesses

C) When it arose

D) The entire family history of the defendant

17 / 50

"Pauper" or Indigent person means a person who:

A) Is a foreigner

B) Is a minor

C) Is not possessed of sufficient means (other than exempt property) to pay the prescribed court fee

D) Does not have a bank account

18 / 50

An order granting or refusing a temporary injunction under Order XXXIX, Rule 1 or 2 is:

A) Appealable only to the Supreme Court

B) Not appealable

C) Subject only to review, not appeal

D) Appealable as an "Appeal from Order" (Miscellaneous Appeal) under Order XLIII, Rule 1

19 / 50

Under Order XLI, Rule 33, the Appellate Court has the sweeping power to pass any decree which ought to have been passed, even in favor of a party who has NOT filed an appeal or cross-objection. This is known as:

A) The doctrine of ultra vires

B) The rule of absolute power

C) The power under Order XLI, Rule 33

D) Res sub judice

20 / 50

"Constructive Res Judicata" means:

A) An issue which might and ought to have been made a ground of defence or attack in the former suit, shall be deemed to have been a matter directly and substantially in issue in such suit

B) An ex parte decree

C) A case withdrawn by consent

D) An issue actually decided

21 / 50

Under Order XL, Rule 1, a Receiver appointed by the court is considered to be:

A) An agent of the plaintiff

B) An officer of the Court

C) An independent contractor

D) An agent of the defendant

22 / 50

An application to sue as an indigent person (pauper) must be presented:

A) By mail

B) By the local UP Chairman

C) By the applicant in person, unless exempted by the court, then by an authorized agent

D) Only by a registered pleader

23 / 50

An order returning a plaint under Order VII, Rule 10 is:

A) Not appealable

B) A final judgment

C) A decree

D) An appealable order

24 / 50

Under Order IX, Rule 13, setting aside an ex parte decree may be subject to terms. This means the Court can order the defendant to:

A) Change their lawyer

B) Withdraw the written statement

C) Go to jail for a week

D) Pay costs or deposit the decreed amount in court

25 / 50

An application for Review under Order XLVII must be made before:

A) The District Judge

B) The High Court Division

C) The very same judge/court that passed the decree or order

D) A mediator

26 / 50

In a suit by or against a Corporation (Order XXIX), the summons may be served on:

A) The security guard

B) The local municipal office

C) Any random employee

D) The Secretary, Director, or other principal officer of the corporation

27 / 50

A decree passed against a minor where no guardian ad litem was appointed is generally:

A) Void ab initio (nullity) against the minor

B) Voidable at the option of the plaintiff

C) Valid

D) Valid if the minor was rich

28 / 50

An Appellate Court has the power to dismiss an appeal summarily without serving notice on the respondent if it finds no merit. This is known as:

A) Dismissal under Order XLI, Rule 11

B) Remand

C) Res judicata

D) Rejection of plaint

29 / 50

Under Order XXI, Rule 41, an executing court can order the judgment-debtor to file an affidavit stating:

A) Their political beliefs

B) Their criminal history

C) Their daily routine

D) The particulars of their assets (to discover property liable to be attached)

30 / 50

A "Review" of a judgment (Order XLVII) is fundamentally different from an "Appeal" because:

A) Review is heard by the Supreme Court

B) Review is only for criminal cases

C) Review does not require court fees

D) Review is filed before the SAME judge/court that passed the judgment, whereas an appeal goes to a higher court

31 / 50

Order XXI, Rule 64 gives the executing court the power to sell:

A) Only such attached property as may be necessary to satisfy the decree

B) Any property in the country

C) The judgment-debtor's clothes and tools of trade

D) Only movable property

32 / 50

What is the effect of an order rejecting a plaint under Order VII, Rule 11?

A) It cannot be appealed

B) It sends the plaintiff to jail

C) It amounts to a decree (Sec 2(2)), but does not bar a fresh suit on the same cause of action (O.7 R.13)

D) It operates as res judicata

33 / 50

Under Order XIV, if a party wants to frame an additional issue during the trial before the judgment, can the Court do it?

A) Only if the opposing lawyer agrees

B) Yes, the Court may amend or frame additional issues at any time before passing a decree

C) No, issues are final once framed

D) Only if the Supreme Court orders it

34 / 50

If an appeal is filed beyond the period of limitation, it must be accompanied by:

A) An application for condonation of delay under the Limitation Act

B) A letter of apology

C) An arrest warrant for the delay

D) A fine

35 / 50

If an appellant dies during the pendency of an appeal, the rules regarding abatement apply similarly as they do in original suits under which Order?

A) Order XL

B) Order XXII

C) Order IX

D) Order I

36 / 50

If a party wants to execute a decree against the Government, what is the special protection provided under Section 82?

A) The government pays double

B) Execution shall not be issued unless the decree remains unsatisfied for a period computed from the date of the decree (often 3 months or as specified by the court)

C) The plaintiff is arrested

D) It cannot be executed at all

37 / 50

Order XX, Rule 12A deals with the decree for specific performance of a contract for the sale or lease of immovable property. It directs that the decree shall specify:

A) The lawyer's fees

B) The criminal liability of the defendant

C) The names of the witnesses

D) The period within which the purchase-money or other sum is to be paid by the purchaser or lessee

38 / 50

When the Appellate Court reverses the decree of the trial court, the party who was deprived of a benefit by the trial court's erroneous decree is entitled to be restored to their original position. This principle is called:

A) Res Judicata

B) Estoppel

C) Restitution (Section 144)

D) Subrogation

39 / 50

A "Precept" under Section 46 of the CPC (English) is:

A) A warning to a witness

B) A moral lesson given by the judge

C) An order from one court to another to attach the property of a judgment-debtor located in the latter's jurisdiction

D) An order to dismiss a suit

40 / 50

What does "Remand" of a case by an Appellate Court mean under Order XLI, Rule 23?

A) Transferring the case to the Supreme Court

B) Dismissing the suit permanently

C) Sending the parties to jail

D) Sending the case back to the trial court for a fresh trial or to decide it on merits

41 / 50

To enforce a decree of specific performance, if the judgment-debtor refuses to execute the required document (like a sale deed), the Court can:

A) Only fine them

B) Imprison them for life

C) Cancel the contract entirely

D) Execute the document on behalf of the judgment-debtor, which will have the same legal effect

42 / 50

If a court passes a decree that it inherently lacked the jurisdiction to pass (e.g., a Small Causes Court passing a decree for specific performance), the decree is:

A) Void and a nullity (coram non judice)

B) Valid until appealed

C) An irregularity that can be cured by consent

D) Voidable by the plaintiff

43 / 50

A "Decree" conclusively determines the rights of the parties with regard to all or any of the matters in controversy. An "Order" is:

A) The formal expression of any decision of a Civil Court which is NOT a decree

B) The exact same thing as a decree

C) Only issued by police

D) Only issued in criminal cases

44 / 50

When an appeal is filed, who prepares the Memorandum of Appeal?

A) The trial court judge

B) The appellant or their pleader

C) The respondent

D) The court clerk

45 / 50

The inherent powers of the Court under Section 151 are used primarily for:

A) Ends of justice or to prevent abuse of the process of the Court when no specific rule applies

B) Overriding express provisions of the CPC (English)

C) Changing the Constitution

D) Creating new laws

46 / 50

If a defendant sets up a counter-claim, it is treated as a plaint and the plaintiff must file a response. What is this response called in practice?

A) Caveat

B) Interlocutory application

C) Replication or Written Statement to Counter-claim

D) Rejoinder

47 / 50

Under Order XLI, Rule 27, additional evidence in an Appellate Court is:

A) Only allowed if it is oral evidence

B) Strictly restricted and allowed only if the lower court improperly refused it or the appellate court explicitly requires it for pronouncement of judgment

C) Never allowed under any condition

D) Allowed freely for any reason

48 / 50

Under Order VI, Rule 4, if a party alleges fraud, misrepresentation, breach of trust, or undue influence in their pleading, they must:

A) State the particulars (dates, items, details) explicitly in the pleading

B) State it vaguely

C) Keep it a secret until trial

D) Only mention it during oral arguments

49 / 50

Property that CANNOT be attached in execution of a decree under Section 60 includes:

A) Empty lands

B) Necessary wearing apparel, cooking vessels, and tools of artisans

C) Commercial buildings

D) Bank accounts

50 / 50

An application for the execution of a decree must generally be filed within how many years for it not to be time-barred (under the Limitation Act)?

A) 3 years

B) 20 years

C) 1 year

D) 12 years (for most decrees)

The average score is 0%

0%

Code of Civil Procedure, 1908

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