Code of Civil Procedure, 1908 Model Test 23 (English)

Time Allowed30 Minutes

Total Questions50 MCQs

Total Marks50 Marks

Negative Marking-0.25 Marks

Qualifying Mark50% Pass

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Carefully select one correct option for each multiple-choice question.
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CPC Model Test 23 (English)

Code of Civil Procedure, 1908

Questions: 50
Full Marks: 50
Time: 30 Minutes

1 / 50

An application for 'Review' under Order 47 must be made to:

A) The very Court and Judge who passed the decree or made the order

B) The Appellate Court

C) The High Court Division only

D) The District Judge only

2 / 50

Under Order 21 Rule 97, if the holder of a decree for the possession of immovable property is resisted or obstructed by any person, he may make an application to the Court complaining of such resistance within:

A) 90 days

B) 15 days

C) 60 days

D) 30 days

3 / 50

Can a separate suit be filed to set aside a decree on the ground that the compromise on which the decree is based was not lawful?

A) No, it is barred under Order 23 Rule 3A

B) Yes, as a matter of right

C) Yes, if fraud is alleged

D) Yes, with the permission of the High Court

4 / 50

A summary suit under Order 37 can be instituted in respect of:

A) Suit for specific performance

B) Suit for recovery of a debt or liquidated demand in money

C) Suit for defamation

D) Suit for partition

5 / 50

"Mesne profits" does not include:

A) Profits due to improvements made by the person in wrongful possession

B) Interest on such profits

C) Profits which the person in wrongful possession might with ordinary diligence have received

D) Ordinary profits which the person in wrongful possession actually received

6 / 50

Suits by or against aliens and foreign rulers are addressed under sections:

A) Sections 83-87

B) Sections 79-82

C) Sections 91-93

D) Sections 88-90

7 / 50

"Decree" under Section 2(2) includes:

A) Both B and C

B) Any adjudication from which an appeal lies as an appeal from an order

C) Rejection of a plaint

D) Any order of dismissal for default

8 / 50

The primary object of framing issues under Order 14 is to:

A) Prolong the trial

B) Determine the number of witnesses required

C) Ascertain the real dispute between the parties by narrowing down the area of conflict

D) Calculate court fees

9 / 50

If the disobedience or breach of injunction continues beyond one year, the Court may:

A) Transfer the case to a criminal court

B) Sell the attached property and award compensation to the injured party

C) Extend the attachment for another year

D) Forgive the disobedient party

10 / 50

Section 148 of CPC (English) allows the Court to enlarge time fixed for doing an act prescribed by the Code, up to a maximum of:

A) 15 days

B) 30 days

C) 60 days

D) No explicit maximum limit in the general section (though Indian amendment limits to 30 days, BD CPC (English) uses court's discretion)

11 / 50

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

A) None of the above (It cannot be executed by detention in civil prison)

B) Attachment of property

C) Detention in civil prison

D) Fine

12 / 50

The report of the Commissioner appointed for local investigation under Order 26 Rule 9 shall be:

A) Completely ignored by the Court

B) Only used for reference, not as evidence

C) Binding on the Court absolutely

D) Evidence in the suit and form part of the record

13 / 50

"Judgment" as defined under Section 2(9) of CPC (English) means:

A) The statement given by the Judge on the grounds of a decree or order

B) The final decree only

C) The formal expression of an adjudication

D) An order of dismissal for default

14 / 50

According to Section 144 (Restitution), if a decree is reversed or varied on appeal, the Court which passed the decree shall cause restitution to be made so as to place the parties in the position which they would have occupied but for such decree. This is based on the maxim:

A) Actus curiae neminem gravabit (The act of the court shall prejudice no one)

B) Volenti non fit injuria

C) Caveat emptor

D) Res ipsa loquitur

15 / 50

If a document is admitted in evidence, the Court shall endorse on it:

A) The name of the person producing the document

B) All of the above (Order 13 Rule 4)

C) The number and title of the suit

D) The date on which it was produced

16 / 50

If a minor plaintiff attains majority during the pendency of a suit, he shall:

A) Have the suit dismissed

B) Automatically win the suit

C) Be forced to file a fresh suit

D) Elect whether he will proceed with the suit or not

17 / 50

Disobedience or breach of a temporary injunction granted under Order 39 can lead to:

A) Detention in the civil prison for a term not exceeding six months

B) Only a warning

C) Both A and B

D) Attachment of the property of the person guilty

18 / 50

Order 21 Rule 90 provides for setting aside a sale of immovable property on the ground of:

A) The purchaser was a minor

B) The judgment-debtor had no saleable interest

C) Material irregularity or fraud in publishing or conducting the sale

D) The decree was ex-parte

19 / 50

Suits by indigent persons (pauper suits) allow the plaintiff to be exempted from paying:

A) Process fee

B) Advocate's fee

C) All costs of the opposite party

D) Court fee on the plaint

20 / 50

Under Order 38 Rule 5, attachment before judgment is ordered to prevent the defendant from:

A) Filing a written statement

B) Disposing of or removing his property from the local limits of the jurisdiction of the Court

C) Delaying the trial

D) Traveling abroad

21 / 50

Under Order 39 Rule 2(3), in case of disobedience of an injunction, the Court may order the property of the person guilty of such disobedience to be attached. Such attachment shall remain in force for a maximum period of:

A) 1 year

B) 3 months

C) 6 months

D) 3 years

22 / 50

Order 46 deals with 'Reference'. A reference can only be made by a Court to the:

A) Law Commission

B) District Judge

C) Government

D) High Court Division

23 / 50

Under Order 27 Rule 5, in fixing the day for the Government to answer to the plaint, the Court shall allow a reasonable time which shall not be less than:

A) 2 months

B) 1 month

C) There is no minimum time limit

D) 3 months

24 / 50

Order 38 Rule 1 deals with:

A) Arrest before judgment

B) Attachment before judgment

C) Appointment of receiver

D) Temporary injunction

25 / 50

An application for execution of a decree (other than for mandatory injunction) generally must be made within how many years under the Limitation Act?

A) 1 year

B) 12 years

C) 3 years

D) 6 years

26 / 50

Which of the following orders is NOT appealable under Order 43 Rule 1?

A) An order under Order 9 Rule 9 rejecting an application to set aside the dismissal of a suit

B) An order allowing an application for amendment of pleadings under Order 6 Rule 17

C) An order under Order 9 Rule 13 rejecting an application to set aside a decree passed ex-parte

D) An order under Order 39 Rule 1 granting a temporary injunction

27 / 50

Costs for causing delay (Section 35B) is typically awarded when a party:

A) Fails to take a step which he was required by or under the Code to take on that date

B) Wins the case

C) Obtains an adjournment for taking such step

D) Both A and B

28 / 50

Order 32 requires that a "Next Friend" of a minor plaintiff must be:

A) A major (attained majority)

B) A person whose interest is not adverse to that of the minor

C) All of the above

D) A person of sound mind

29 / 50

Setting aside the abatement of a suit can be applied for under:

A) Order 22 Rule 3

B) Order 22 Rule 4

C) Order 22 Rule 9

D) Order 22 Rule 10

30 / 50

A suit brought by a person having no right to sue, merely to harass the defendant, can be tackled by awarding 'Compensatory Costs in respect of false or vexatious claims or defences' under:

A) Section 36

B) Section 35

C) Section 35A

D) Section 35B

31 / 50

An application to bring the legal representatives of a deceased plaintiff or defendant on record must be made within (as per the Limitation Act):

A) 60 days

B) 90 days

C) 30 days

D) 120 days

32 / 50

Under Section 151, the Court exercises its inherent powers. Can these powers be used to override the express provisions of the CPC (English)?

A) Yes, always

B) No, inherent powers cannot be exercised in conflict with the express provisions of the Code

C) Yes, if the Judge feels it is fair

D) Yes, but only by the High Court Division

33 / 50

Under Order 20 Rule 4, judgments of a Court of Small Causes need only contain:

A) The points for determination and the decision thereon

B) A detailed history of the dispute

C) The reasons for the decision

D) A concise statement of the case

34 / 50

Under the CPC (English), a decree becomes final and binding when:

A) Both A and B are correct scenarios

B) Only when it is executed

C) The time for appeal has expired without any appeal being filed

D) The highest appellate court has decided the matter

35 / 50

Appeals to the Appellate Division of the Supreme Court (formerly King in Council/Supreme Court under pre-independence CPC (English)) is dealt with under:

A) Order 47

B) Order 48

C) Order 46

D) Order 45

36 / 50

Order 40 Rule 1 empowers the Court to appoint a Receiver:

A) Only in partition suits

B) Either before or after decree

C) Before the decree only

D) After the decree only

37 / 50

"Order" under Section 2(14) means the formal expression of any decision of a Civil Court which is:

A) A decree

B) Not a decree

C) A judgment

D) An award

38 / 50

In a suit for recovery of possession of immovable property and for rent or mesne profits, the Court may pass a:

A) Final decree

B) Both A and B (Preliminary for mesne profit inquiry, Final later)

C) Preliminary decree

D) Either A or B

39 / 50

The doctrine of "Abatement" of a suit is found in which Order of the CPC (English)?

A) Order 22

B) Order 23

C) Order 24

D) Order 21

40 / 50

Before setting aside a sale under Order 21 Rule 90, the Court must be satisfied that the applicant has sustained:

A) Minor inconvenience

B) Delay in proceedings

C) Loss of reputation

D) Substantial injury by reason of such irregularity or fraud

41 / 50

An appeal by an indigent person is provided under:

A) Order 44

B) Order 43

C) Order 41

D) Order 42

42 / 50

Which provision deals with the "Delivery of interrogatories"?

A) Order 13 Rule 1

B) Order 14 Rule 1

C) Order 12 Rule 1

D) Order 11 Rule 1

43 / 50

Section 136 of the CPC (English) deals with:

A) Procedure where person to be arrested or property to be attached is outside district

B) Exemption of other persons from personal appearance

C) Arrest other than in execution of decree

D) Exemption of certain women from personal appearance

44 / 50

In an interpleader suit, the plaintiff claims:

A) No interest in the subject-matter in dispute other than for charges or costs

B) Only half of the property

C) Damages from all defendants

D) The property in dispute

45 / 50

Garnishee proceedings under Order 21 Rule 46A apply to:

A) A debt (other than a debt secured by a mortgage or charge)

B) Both A and B

C) Movable property not in possession of the judgment debtor

D) Immovable property

46 / 50

Compromise of a suit is dealt with under:

A) Order 23 Rule 3A

B) Order 23 Rule 3

C) Order 24 Rule 1

D) Order 23 Rule 1

47 / 50

The rule of "Constructive Res Judicata" means that if a plea could have been taken by a party in a proceeding between him and his opponent, he would NOT be permitted to take that plea against the same party in a subsequent proceeding. It is based on the principle that:

A) Fraud vitiates everything

B) Delay defeats equity

C) Might and ought to have been made ground of defence or attack

D) He who comes to equity must come with clean hands

48 / 50

Commission to make local investigations under Order 26 Rule 9 is issued for the purpose of:

A) Ascertaining the amount of any mesne profits or damages

B) All of the above

C) Ascertaining the market value of any property

D) Elucidating any matter in dispute

49 / 50

If no application is made to substitute the legal representatives of a deceased plaintiff within the prescribed time, the suit shall:

A) Abate

B) Proceed ex-parte

C) Be dismissed for default

D) Be remanded

50 / 50

A "Receiver" appointed by the Court is:

A) An employee of the Government

B) An agent of the defendant

C) An agent of the plaintiff

D) An officer of the Court representing the estate

The average score is 0%

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Code of Civil Procedure, 1908 Model Test 23 (English)

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