Code of Civil Procedure, 1908 Model Test 9 (English)

CPC Model Test 9 (English)

Code of Civil Procedure, 1908

Questions: 50
Full Marks: 50
Time: 30 Minutes

1 / 50

According to Order V, Rule 20, "Substituted service" is ordered when:

A) The plaintiff requests it initially

B) The court believes the defendant is keeping out of the way to avoid service

C) The defendant lives within the court's jurisdiction

D) The defendant is present in the court

2 / 50

Under Order VIII, Rule 1(1), the defendant shall present a written statement of his defence within how many working days from the date of service of summons?

A) 15 working days

B) 30 working days

C) 45 working days

D) 60 working days

3 / 50

Under Order XIV, Rule 1(4), issues are of two kinds:

A) Issues of civil nature and issues of criminal nature

B) Issues of plaintiff and issues of defendant

C) Issues of right and issues of wrong

D) Issues of law and issues of fact

4 / 50

According to Order I, Rule 13, all objections on the ground of nonjoinder or misjoinder of parties shall be taken:

A) At the time of final argument

B) At the earliest possible opportunity

C) Only during the appeal

D) Whenever the defendant wishes

5 / 50

Under Order V, Rule 24, where the defendant is confined in a prison, the summons shall be delivered or sent to:

A) The defendant directly in his cell

B) The officer in charge of the prison

C) The local police station

D) The Inspector General of Prisons

6 / 50

Under Order V, Rule 17, if the defendant refuses to sign the acknowledgment of service, the serving officer shall:

A) Affix a copy of the summons on the outer door of the house where the defendant resides

B) Arrest the defendant

C) Publish the summons in a newspaper immediately

D) Return the summons unserved and take no further action

7 / 50

Under Order VI, Rule 15, every pleading shall be verified at the foot by:

A) The party or one of the parties pleading

B) Any witness

C) The judge

D) The court clerk

8 / 50

Who may be joined as defendants in one suit under Order I, Rule 3?

A) Persons against whom different plaintiffs have different causes of action

B) Only government officials

C) Persons against whom any right to relief in respect of the same act or transaction is alleged to exist

D) Persons residing in the same jurisdiction

9 / 50

According to Order X, Rule 1, at the first hearing of the suit, the Court shall ascertain from each party or his pleader whether he:

A) Has paid the pleader's fees

B) Wishes to call witnesses immediately

C) Wants to settle the case out of court

D) Admits or denies the allegations of fact made in the plaint or written statement

10 / 50

Under Order IV, Rule 2, the Court shall cause the particulars of every suit to be entered in a book called the:

A) Register of civil suits

B) Case Book

C) Diary of the Court

D) Suit Ledger

11 / 50

Under Order VI, Rule 2, every pleading shall contain:

A) Legal precedents and case laws

B) A statement in a concise form of the material facts on which the party relies

C) Both material facts and evidence

D) Only the evidence by which the facts are to be proved

12 / 50

According to Order II, Rule 1, every suit shall as far as practicable be framed so as to:

A) Delay the trial as much as possible

B) Include unnecessary parties

C) Afford ground for final decision upon the subjects in dispute and to prevent further litigation

D) Claim maximum possible damages

13 / 50

Under Order VI, Rule 16, the Court may order to be struck out or amended any matter in any pleading which may be:

A) Necessary for the trial

B) Written in English

C) Unnecessary or scandalous

D) Supported by strong evidence

14 / 50

Under Order I, Rule 5, is it necessary that every defendant shall be interested as to all the reliefs claimed in any suit against him?

A) Yes, unless the court orders otherwise

B) Yes, but only in suits for immoveable property

C) Yes, it is mandatory

D) No, it shall not be necessary

15 / 50

According to Order VIII, Rule 5, every allegation of fact in the plaint, if not denied specifically or by necessary implication, shall be taken to be:

A) Disputed

B) Void

C) Rejected

D) Admitted

16 / 50

According to Order V, Rule 1(1), when a suit has been duly instituted, a summons shall be issued to the defendant within how many working days from the date of filing the suit?

A) Five working days

B) Three working days

C) Ten working days

D) Seven working days

17 / 50

According to Order I, Rule 1 of the CPC (English), who may be joined as plaintiffs in one suit?

A) Persons having a right to relief arising out of different acts without common questions of law

B) Persons having a right to relief arising out of the same act or transaction where a common question of law or fact would arise

C) Only persons who have a joint interest in the property

D) Any persons irrespective of their interest

18 / 50

Under Order I, Rule 9, no suit shall be defeated by reason of:

A) Lack of cause of action

B) Non-payment of court fees

C) Misjoinder or nonjoinder of parties

D) Filing in the wrong court

19 / 50

Recognized agents of parties by whom appearances, applications and acts may be made or done include:

A) Persons holding powers-of-attorney

B) Any relative of the party

C) A police officer

D) Any friend of the party

20 / 50

According to Order I, Rule 8, where there are numerous persons having the same interest in one suit, one or more of such persons may sue or be sued on behalf of all:

A) Without any permission

B) With the permission of the Government

C) With the permission of the Attorney General

D) With the permission of the Court

21 / 50

Under Order V, Rule 2, every summons shall be accompanied by:

A) The court fee receipt

B) A copy of the plaint or a concise statement

C) A copy of the written statement

D) A list of witnesses

22 / 50

According to Order VII, Rule 1, which of the following is NOT required to be contained in the plaint?

A) The name, description and place of residence of the plaintiff

B) The name of the Court in which the suit is brought

C) The list of questions to be asked in cross-examination

D) The facts constituting the cause of action

23 / 50

Under Order VII, Rule 2, where the plaintiff seeks the recovery of money, the plaint shall state:

A) An approximate amount always

B) The precise amount claimed

C) Only the cause of action without an amount

D) The maximum limit of the court's jurisdiction

24 / 50

Under Order I, Rule 2, if it appears to the Court that any joinder of plaintiffs may embarrass or delay the trial, the Court may:

A) Fine the plaintiffs

B) Return the plaint to the plaintiffs

C) Put the plaintiffs to their election or order separate trials

D) Dismiss the suit immediately

25 / 50

According to Order II, Rule 3, a plaintiff may unite in the same suit:

A) Several causes of action against the same defendant

B) Causes of action of different plaintiffs against different defendants

C) Causes of action from different jurisdictions unconditionally

D) Several causes of action against different defendants not jointly liable

26 / 50

According to Order IX, Rule 13A, an application directly setting aside an ex parte decree must be made within how many days of the date of the decree?

A) 60 days

B) 15 days

C) 30 days

D) 90 days

27 / 50

Under Order XI, Rule 8, interrogatories shall be answered by affidavit to be filed within:

A) Ten days

B) Fourteen days

C) Seven days

D) Twenty days

28 / 50

Under Order V, Rule 15, where the defendant cannot be found and has no agent, service may be made on:

A) The defendant's landlord

B) Any minor child of the defendant

C) Any adult member of the family of the defendant residing with him

D) Any servant of the defendant

29 / 50

According to Order V, Rule 4, no party shall be ordered to appear in person unless he resides:

A) Anywhere in the country

B) Within 500 miles of the Court

C) Within the local limits of the Court's ordinary original jurisdiction

D) Abroad

30 / 50

Where the summons is for the final disposal of the suit, it shall direct the defendant to produce:

A) His bank statements

B) All witnesses upon whose evidence he intends to rely

C) A security deposit

D) All his relatives

31 / 50

Under Order II, Rule 2(1), every suit shall include:

A) Only the primary claim

B) The whole of the claim which the plaintiff is entitled to make in respect of the cause of action

C) Claims that belong to third parties

D) Claims from previous lawsuits

32 / 50

Under Order XI, Rule 1, the plaintiff or defendant may deliver interrogatories in writing for the examination of the opposite parties within:

A) Fifteen days from the date of framing of issues

B) Ten days from the date of framing of issues

C) Thirty days from the date of framing of issues

D) Five days from the date of framing of issues

33 / 50

Under Order V, Rule 12, wherever it is practicable, service of summons shall be made on:

A) The postmaster

B) The defendant in person, or his empowered agent

C) Any government official

D) The defendant's neighbors

34 / 50

Under Order II, Rule 4, no cause of action shall, unless with the leave of the Court, be joined with a suit for the recovery of:

A) Immoveable property

B) Money

C) Intellectual property

D) Moveable property

35 / 50

Under Order IX, Rule 6(1)(a), if the plaintiff appears and the defendant does not appear when the suit is called, and it is proved that the summons was duly served, the Court may:

A) Issue a second summons

B) Postpone the hearing

C) Proceed ex parte

D) Dismiss the suit

36 / 50

Under Order IX, Rule 9, where a suit is wholly or partly dismissed under rule 8 (defendant appears, plaintiff does not), is the plaintiff allowed to bring a fresh suit in respect of the same cause of action?

A) Yes, with the permission of the defendant

B) Yes, without any restriction

C) No, he shall be precluded from bringing a fresh suit

D) Yes, if the court fee is paid again

37 / 50

According to the first proviso to Order VIII, Rule 1(1), if the defendant fails to file the written statement within 30 working days, the Court may extend the time up to a maximum of:

A) 60 working days from the date of service

B) 50 working days from the date of service

C) 90 working days from the date of service

D) 40 working days from the date of service

38 / 50

Under Order VII, Rule 13, does the rejection of the plaint preclude the plaintiff from presenting a fresh plaint in respect of the same cause of action?

A) No, but only after paying a heavy fine

B) Yes, it operates as res judicata

C) Yes, unless the High Court allows it

D) No, it does not of its own force preclude the presentation of a fresh plaint

39 / 50

According to Order III, Rule 1, any appearance, application or act in or to any Court may be made or done by:

A) The party in person only

B) The recognized agent only

C) The pleader only

D) The party in person, his recognized agent, or by a pleader

40 / 50

Under Order IX, Rule 13, in any case in which a decree is passed ex parte against a defendant, he may apply to the Court to:

A) Request a retrial by a jury

B) Appeal directly to the Supreme Court

C) Set aside the decree

D) Transfer the case to another court

41 / 50

Under Order VII, Rule 10, a plaint shall at any stage of the suit be returned to be:

A) Presented to the Court in which the suit should have been instituted

B) Dismissed outright

C) Amended by the plaintiff at home

D) Kept in the court records permanently

42 / 50

According to Order VII, Rule 11, the plaint shall be rejected in which of the following cases?

A) Where the defendant is absent

B) Where it does not disclose a cause of action

C) Where it is filed in English

D) Where the plaintiff has no lawyer

43 / 50

According to Order IX, Rule 4, where a suit is dismissed under rule 2 or rule 3 (neither party appears), the plaintiff may:

A) Not bring a fresh suit

B) Only file an appeal

C) Bring a fresh suit or apply for an order to set the dismissal aside

D) File a revision petition

44 / 50

If a suit is instituted in the name of the wrong person as plaintiff, under which rule can the Court order another person to be substituted or added as plaintiff?

A) Order I, Rule 13

B) Order I, Rule 10(1)

C) Order I, Rule 1

D) Order I, Rule 8

45 / 50

Under Order IV, Rule 1, every suit shall be instituted by:

A) Writing a letter to the judge

B) Making an oral request

C) Filing a police complaint

D) Presenting a plaint to the Court or such officer as it appoints

46 / 50

Under Order VIII, Rule 6, a defendant can claim a set-off in a suit for the recovery of:

A) Specific moveable property

B) Injunction

C) Immoveable property

D) Money

47 / 50

According to Order XII, Rule 6, any party may at any stage of a suit apply to the Court for a judgment or order:

A) Where a new cause of action arises

B) Where admissions of fact have been made

C) Where no evidence has been recorded

D) Where the judge is absent

48 / 50

According to Order II, Rule 2(2), if a plaintiff intentionally relinquishes any portion of his claim, can he afterwards sue in respect of the portion so relinquished?

A) Yes, with the permission of the court

B) No, he shall not afterwards sue in respect of the portion omitted or relinquished

C) Yes, if the defendant agrees

D) Yes, in a different court

49 / 50

Under Order IX, Rule 3, where neither party appears when the suit is called on for hearing, the Court may make an order that:

A) The defendant be arrested

B) The suit be postponed indefinitely

C) The suit be dismissed

D) The suit be decreed

50 / 50

According to Order VI, Rule 1, "Pleading" shall mean:

A) Oral arguments by lawyers

B) Plaint or written statement

C) Only the plaint

D) Only the written statement

The average score is 0%

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Code of Civil Procedure, 1908 Model Test 9 (English)

Code of Civil Procedure, 1908

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