Code of Civil Procedure, 1908 Model Test 19 (English)

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Time limit: 30 minutes. Complete the test within time.

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CPC Model Test 19 (English)

Code of Civil Procedure, 1908

Questions: 50
Full Marks: 50
Time: 30 Minutes

1 / 50

In a suit against a Corporation (Order XXIX), any pleading may be signed and verified on behalf of the corporation by:

2 / 50

When the Court frames issues under Order XIV, an issue of law should be tried first as a preliminary issue only if it relates to:

3 / 50

Order XXVII sets the procedure for suits involving the Government. No execution shall generally be issued against the Government unless the decree remains unsatisfied for a specific period (often computed as months). This protection is essentially provided by:

4 / 50

When an execution sale becomes absolute, the Court grants the purchaser a document specifying the property and the date of sale. This is called a:

5 / 50

If a witness summoned to produce a document fails to do so without lawful excuse, the Court may under Order XVI, Rule 12 impose a fine up to:

6 / 50

Before attaching agricultural produce in execution of a decree, the Court must consider:

7 / 50

While a "Legal Set-off" requires an ascertained sum of money, an "Equitable Set-off" can be claimed for an unascertained sum provided it:

8 / 50

Under Order XXX, two or more persons carrying on business as partners may sue or be sued in the name of:

9 / 50

Order XXII deals with Death, Marriage, and Insolvency of parties. The "right to sue" generally does NOT survive in cases of:

10 / 50

If an application to set aside an ex-parte decree under Order IX, Rule 13 is dismissed, what is the remedy available to the defendant?

11 / 50

Under Order VIII, Rule 4, evasive denial is not acceptable. If a defendant wants to deny an allegation of fact, they must:

12 / 50

"Discovery by Interrogatories" under Order XI is a procedure meant to:

13 / 50

Order XXV deals with Security for Costs. The Court may order the plaintiff to furnish security for costs primarily when:

14 / 50

A minor must sue through a Next Friend. If the minor attains majority during the suit, they must elect to proceed or abandon. If they decide to abandon the suit, who usually pays the costs?

15 / 50

The Summary Procedure under Order XXXVII is intended to prevent unreasonable delay by the defendant. The defendant cannot defend the suit unless they:

16 / 50

Temporary injunctions (Order XXXIX, Rule 1) can be granted if the property in dispute is in danger of being:

17 / 50

A "Consent Decree" or compromise decree passed under Order XXIII, Rule 3 is fundamentally based on:

18 / 50

When an application for permission to sue as an indigent person (Order XXXIII) is granted, the plaintiff is exempted from paying:

19 / 50

If a suit abates due to the death of the plaintiff and failure to substitute legal heirs, the legal representatives:

20 / 50

In a decree for partition of an estate assessed to the payment of revenue to the Government, the partition shall be made by:

21 / 50

An attachment of property under Order XXI remains valid until:

22 / 50

It is a well-settled principle of law that a plaint must be rejected as a whole and not in part. This is an interpretation of which provision?

23 / 50

When a judgment-debtor is arrested and brought before the Court, the Court must inform them that they can apply to be declared an:

24 / 50

Under Order XI, Rule 14, the Court may order the production of documents which are in the possession or power of:

25 / 50

Under Order IX, Rule 13, an ex-parte decree CANNOT be set aside merely on the ground of:

26 / 50

Under Order XXVI, a Commissioner appointed to make a local investigation has the power to:

27 / 50

Under Order XXI, Rule 89, the judgment-debtor can set aside the sale of his immovable property by depositing in court the amount specified in the proclamation plus a penalty to the purchaser of:

28 / 50

Can a defaulting purchaser at an execution auction bid again for the same property in the re-sale?

29 / 50

Attachment before judgment (Order XXXVIII, Rule 5) is NOT to be ordered merely because:

30 / 50

Under Order XLI, Rule 1, the memorandum of appeal must state the grounds of objection:

31 / 50

Under Order XX, Rule 3, once a judgment is signed by the Judge, it cannot be altered or added to, EXCEPT:

32 / 50

Cross-decrees: Where applications are made to the same Court for execution of cross-decrees in separate suits for payment of two sums of money between the same parties, execution shall be taken out only by the party who holds the decree for the:

33 / 50

Ex-parte temporary injunctions (without notice to the opposite party) should generally be granted only when:

34 / 50

Under Order XXIV, Rule 1, the defendant may deposit in Court such sum of money as they consider a satisfaction in full of the plaintiff's claim. What is the effect on 'interest' if the plaintiff accepts it?

35 / 50

According to Order XII, Rule 6 (Judgment on Admissions), the power of the Court to pass a judgment based on admission is:

36 / 50

A decree for the restitution of conjugal rights cannot be enforced by:

37 / 50

If an indigent person's suit is successful, the unpaid court fees are:

38 / 50

Under Order XXIII, Rule 1, a suit cannot be unconditionally withdrawn by:

39 / 50

Order XVII, Rule 3 allows the Court to proceed to decide the suit forthwith if a party fails to:

40 / 50

The list of witnesses must be filed by the parties within a stipulated time (usually 15 days) after the settlement of issues under:

41 / 50

Order XXI, Rule 66 requires the Court to draw up a proclamation of sale. Such proclamation must state:

42 / 50

Under Order XIX, Rule 1, a Court may order that any fact may be proved by affidavit. However, an opposite party generally has the right to demand:

43 / 50

Under Order XV, Rule 3, if the parties are at issue on some question of fact/law, but the Court is satisfied that no further argument or evidence is needed, it may:

44 / 50

In a suit for foreclosure (Order XXXIV, Rule 2), the preliminary decree declares the amount due and gives the mortgagor time to pay. If they fail, the mortgagee can apply for a:

45 / 50

Under Order XIII, Rule 3, the Court may at any stage of the suit reject any document which it considers:

46 / 50

Under Order XL, Rule 1, a Receiver can be appointed:

47 / 50

If an application to set aside an execution sale under Order XXI, Rule 90 (on grounds of material irregularity) is dismissed, what is the immediate next step for the Court?

48 / 50

An Interpleader Suit (Order XXXV) cannot be instituted by:

49 / 50

Order XXI deals with Execution. If a decree is passed jointly in favor of several persons, can one of them apply for execution?

50 / 50

The "demeanour" (behavior/manner) of a witness while under examination is recorded by the Court to:

The average score is 0%

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