Rajasthan Junior Legal Officer Exam, 2023

Code of Civil Procedure

1. In reference of District Court, which one of the following statements is not correct?
a. It can transfer any suit, appeal or other proceeding pending before it for trial
to any Court subordinate to it and competent to try or disposed of the same
b. It can withdraw any suit and appeal or other proceeding pending in any
Court subordinate to it
c. It can try or dispose of the suit, appeal or other proceeding withdrawn from
any Court subordinate to it or it may transfer the same for trial or disposal
to some other Court subordinate to it and competent to try or dispose of the
same
d. It cannot retransfer any suit, appeal or other proceeding to the Court from
which it has withdraw

2. Any amount which a Court will order to be paid as compensatory costs in respect
of false or vexatious claims or defences, shall not exceed the amount of –
a. Two thousand rupees or the amount with in its pecuniary jurisdiction
whichever is less
b. Three thousand rupees or the amount within its pecuniary
jurisdiction, which ever is less
c. Four thousand rupees or the amount within its pecuniary jurisdiction,
which ever is less
d. Five thousand rupees or the amount within its pecuniary jurisdiction
which ever is less

3. A judgment-debtor is arrested in execution of a decree for the payment of money

and the Judgment-debtor pays the amount of the decree and the costs of the arrest to
the officer arresting him, such officer –
a. Shall send the judgment-debtor to civil prison
b. Shall take judgment-debtor to the court
c. Shall at once release him
d. Shall release him after taking security from him

4. Date appointed by any Court for presenting list of witnesses by the parties to
obtain summons to them for their attendance in Court, shall not be later than –
a. Ten days
b. Fifteen days
c. Eighteen days
d. Thirty days
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 5. In a suit, plaintiff himself wishes to appear as a witness. Without any
permission of Court, he may so appear –
a. At any time before evidence from plaintiff’s side is over
b. At any time before evidence from defendant’s side is over
c. At any time before arguments are heard
d. Only before any other witness on his behalf has been examined

6. Where the defendant appears and the plaintiff does not appear when the suit
is called for hearing and where a part of the claim is admitted the court shall:
a. Dismiss the whole suit
b. Dismiss the suit so far as it relates to the remainder
c. Pass the decree of the whole claim
d. Proceed exparte (proceedings) against defendant

7. Where the appellant has withdrawn the appeal preferred against a decree
passed exparte the application under Order 9 Rule 13 shall be:
a. Rejected
b. Returned
c. Maintainable
d. Referred for opinion to the Appellate Court

8. Whether a minor on attaining majority may, it a sole plaintiff, apply that a

suit instituted in his name by his next friend be dismissed on the ground that it
was unreasonable or improper:
a. No
b. With the consent of next friend
c. Yes
d. Joint application will be with next friend

9.. Where any injunction is passed without giving notice to opposite party the
court will try to decide the application within:
a. 7 days
b. 15 days
c. 21 days
d. 30 days

10. “No appeal shall lie from a decree passed by the court with the consent
of parties”. It is provided

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a. Section 96(1) C.P.C.
b. Section 96(2) C.P.C.
c. Section 96(3) C.P.C.
d. Section 96(4) C.P.C.

11. A Suit may be dismissed where, after a summons has been issued to the
defendant and returned unserved, plaintiff falls the apply for fresh summons
for the period of –
a. Seven days
b. Sixty days
c. One month
d. Two months when the plaintiff fails to apply for fresh summons from the
court

12. Where any party dies after conclusion and before pronouncing
Judgment –
a. The suit shall abate
b. The suit shall not abate
c. The suit shall not abate if cause of action survives
d. It depends on the discretion of the court whether is shall abate or not

13. Where an indigent person succeeds, the court fee shall be recovered –
a. From the defendant
b. By the State govt.
c. Not recoverable
d. From the plaintiff

14. Appointment of receivers of any property can be made –

a. Before decree
b. After decree
c. Only appellate court can made order
d. It appears to the court to be just and convenient whether before or
after decree

15. Principle of res judicata applies:

a. To suits only
b. To execution proceedings only
c. To arbitration proceedings only
d. To suit as well as execution proceedings

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 16. Documents which are meant for cross-examination of a witness of the
other party or meant for refreshing the memory of the witness may be
produced:
a. At or before the settlement of issues
b. After the settlement of issues
c. At any time when they are required
d. Along with pleading

17. Under which provision of C.P.C. the collector may be appointed as a

Receiver?
a. Order 40 Rule 1
b. Order 40 Rule 2
c. Order 40 Rule 3
d. Order 40 Rule 5

18. Auction purchaser shall pay full of purchase money:

a. Within 7 days
b. Within 15 days
c. Within 21 days
d. Within 30 days

19. Where is decree is silent as regards future interest:

a. Future interest shall be deemed to have been refused and a separate suit
shall lie for the same
b. Future interest shall be deemed to have been refused and a separate suit
shall not lie
c. Future interest shall be deemed to have been inadvertently omitted and an
application can be moved before the court
d. Future interest shall be deemed to have been granted and it shall be a
clerical or arithmetical error to be corrected on application

20. Which of the following, in respect of set-off is correct?

a. Set-off can be claimed in a suit for recovery of money
b. The amount claimed must be ascertained amount
c. The amount claimed to be set-off must be legally recoverable and
not barred by limitation
d. All the above

21. Which of the following is true?

a. Order 34 relates to suits relating to mortgages of immovable property

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 b. 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 the
mortgage.
c. A puisne mortgagee may sue for foreclosure or for sale without making
the prior mortgagee a party to the suit; and a prior mortgagee need not
be joined in a suit to redeem a subsequent mortgage.
d. All of the above

22. Which of the following statement is not true?

(a) The report of the commissioner and the evidence taken by him shall
together constitute evidence in the suit

(b) The evidence taken by the commissioner and not his report shall constitute
evidence in the suit

(c)The report of the commissioner and the evidence shall form part of the
record

(d) Any of the parties to the suit may examine the Commissioner personally
touching on any of the matters mentioned in the report.

23. In case the application for permission to sue as pauper is rejected, the suit is
deemed to have been instituted, under Order 33, Rule 15A of CPC:
a. On the date on which the permission to sue as pauper refused
b. On the date on which the court fee is paid
c. On the date on which the court fee is paid
d. On the date on which the application for permission to sue as pauper was
presented

24. In a suit against a firm, a partner by holding out –

(a) shall be liable alone

(b) shall be liable along with other partners

(c) shall not be held liable

(d) shall be liable if he does not cease to be a partner

25. In a suit by or against Corporations, summons or notice shall be served –

(a) on Director, Secretary or principal officer

(b) Personal services are not required

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(c) Notice or summons can be sent by post

(d) All of the above

26. In case of a suit filed by the partners against a third party –

(a) it is necessary that all partners are taken on record

(b) it is presumed that such partner has filed a suit only on his behalf and not on behalf
of the firm

(c) Both (a) and (b)

(d)Neither (a) nor (b)

27. In a dispute between beneficiary and third person relating to trust property-

(a) the trustee may not represent in such suit

(b) Only executors or administrators may represent in such suit

(c) Only trustees or administrators may represent in such suit

(d) the trustee or executor or administrator may represent in such suit

28. Which of the following is true?

(a) In case of marriage of a female plaintiff or defendant, the suit shall abate

(b) In case of marriage of a female plaintiff or defendant, the suit shall not abate but
the suit may be proceeded with to judgment

(c) Where the decree is against a female defendant, it may be executed against her
alone

(d) Both (b) and (c)

29. Which of the following is true with respect to suits relating to matters concerning
the family?

(a) The proceedings may be held in camera

(b) It shall be duty of the court to inquire into the facts alleged by the plaintiff and into
any facts alleged by the defendant

(c) Services of expert witness can also be secured by the Court in respect of such
proceedings to arrive at a settlement between the parties

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(d) all of the above

30. Where an agreement is entered into in writing for seeking opinion of the Court on
point of law–

(a) The parties to it shall be subject to the jurisdiction of the Court

(b) The parties will be bound by the statements provided in the agreement

(c) The instrument need not be filed in Court along with the Plaint.

(d) Both (a) and (b)

31. Which of the following is true with respect to the application for execution under
Code of Civil Procedure?

(a) The Court may allow oral application at the time of the passing of the decree and
order immediate execution by arrest of the judgment debtor

(b)The application to be filed must be in writing, signed and verified by the applicant

(c) A certified copy of the decree is to be filed along with the application

(d) all of the above

32. Where the property is a negotiable instrument not deposited in a Court, nor in the
custody of a public officer –

(a) the attachment shall be made by actual seizure

(b) the instrument shall be brought into Court and held subject to further orders of the
Court

(c) Both (a) and (b)

(d) Neither (a) nor (b)

33. Sale of immovable property in execution of decrees may be ordered –

(a) by any court

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(b) by the Court of Small Causes

(c) Only (a)

(d) Neither (a) nor (b)

34. Which of the following is true with respect to leading of additional evidence in
appellate proceedings?

(a) As a general rule, the parties to an appeal shall not be entitled to produce
additional evidence whether oral or documentary, in the Appellate Court.

(b) The Appellate Court may allow additional evidence if the evidence had been
refused in the lower court or if the Appellate Court requires any document to be
produced or any witness to be examined to enable it to pronounce judgment.

(c) Both (a) and (b)

(d) Neither of the above

35. In case of a reference of question to the High Court –

(a) The Court may either stay the proceedings or proceed with the case

(b) The Court may pass a decree or make an order contingent upon the decision of the
High Court on the point referred.

(c) Both (a) and (b)

(d) The Court may execute the decree or order in the case in which reference is made

36. Which of the following is true with respect to an application for review?

(a)Where the application for review is heard by more than one judge and the Court is
equally divided, the application shall be rejected

(b) Where there is a majority, the decision shall be according to the opinion of the
majority.

(c) Both (a) and (b)

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(d) Neither (a) nor (b)

37. Which of the following is true with respect to the new rule 10A inserted in Order
XXII by an amendment?

(a) the rule imposes an obligation on the part of the pleader of a party to inform to the
court about the death of his client

(b) the rule outlines a procedure where there is no legal representative

(c) Suit is not abated by marriage of female party

(d) specifies the effect of abatement of suit

38. The Code provides for formal expression of adjudication. It is provided in –

(a)Appendix D

(b) Appendix B

(c) Appendix E

(d)Appendix G

39. All matters arising between the State Government and any party to the suit under
Rules 10-12 of Order XXXIII shall be –

(a) deemed to be questions arising between the parties to the suit within the meaning
of section 47

(b) deemed to be questions arising between the parties to the suit

(c) deemed to be questions arising between the parties to the suit within the meaning
of section 48

(d) deemed to be questions arising between the parties to the suit within the meaning
of section 46

40. A friendly suit relates to –

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(a) a special case under Order XXXVI A

(b) suit wherein opinion is sought from the Court with respect to some controversy or
dispute in commercial transactions arising out of an instrument

(c) The instrument need not be filed in Court along with the Plaint.

(d) Both (a) and (b)

41. In which of the following cases, the Supreme Court of India held that “when
hearing of the suit commenced, it has to be continued from day to day”?

(a) Ram Narang v. Ramesh Narang

(b) Bajaj Auto Ltd. V. TVS Motor Co.
(c) Ittyavira Mathai v. Varkey Varkey
(d) Sulochana Amma v. Narayanam Nair

42. In which of the following cases, the Code of Civil Procedure (Amendment) Acts
of 1999 and 2002 were held constitutionally valid?

(a) T.K. Rangrajan v. Govt. Of Tamil Nadu

(b) State of Punjab vs. Shiva Ram
(c) Peoples Union for Civil Liberties vs. Union of India
(d) Salem Bar Association vs. Union of India

43. In Rajasthan SRTC vs. Krishan Kant, AIR 1995 SC 1715, the Supreme Court laid
down the:

(a) Principles of Res Judicata

(b) Principles applicable to industrial dispute
(c) Jurisdiction of court of small causes
(d) Jurisdiction of Foreign Courts

44. In which of the following case, the Supreme Court held that written statement can
be submitted even after expiry of 90 days from the date of the service of summons?

(a) Kailash vs. Nanhku

(b) Harish Chandra Bajpai vs. Triloki Singh
(c) Salim Bhat vs. State of Maharashtra
(d) Daryao vs. State of U.P.

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45. In which of the following cases, the Supreme Court laid down the law relating to
ADR process and section 89 of CPC?

(a) Afcon Infrastructure Ltd. Vs. Cherian Varkey Construction Co.

(b) Bhatia International v. Bulk Trading SA and Anr
(c) Sachin Gupta and anr. V. KS Forge Metal Pvt. Ltd.
(d) Oil and Natural Gas Corpn. Ltd. Vs. Saw Pipes Ltd.

46. Important amendments made by Acts of 1999 and 2002 are:

(a) In several matters, such as issuing of summons, filing of written statement,

amendment of pleadings, production of documents, examination of witnesses,
pronouncement of judgments, preparation of decree, etc., a time-limit is prescribed
(b) A new provision for settlement of disputes outside the court has been introduced;
(c) A provision for recording of evidence by the Court Commissioner has been made;
(d) All of the above

47. Some of the important changes made by the Amendment Act, 1976 are:

(a) The doctrine of res judicata is being made more effective.

(b) Power to transfer proceedings from one High Court to another is given to the
Supreme Court.
(c) Freedom from attachment of a portion of salary to all salaried employees, is
granted.
(d) All of the above

48. Which of the following decisions are held not to be decrees?

(a) Dismissal of appeal for default

(b) Appointment of Commissioner to take accounts
(c) Order of remand
(d) All of the above

49. "The power to create or enlarge jurisdiction is legislative in character, so also the
power to confer a right of appeal or to take away right of appeal. Parliament alone can
do it by law and no court, whether superior or inferior or both combined, can enlarge
the jurisdiction of a court or divest a person of his rights of revision and appeal. This
has been stated in -

(a) A.R. Antulay v. R.S. Nayak

(b) Kiran Singh v. Chaman Paswan
(c) Dhulabai vs. State of MP
(d) M.S.M. Sharma v. Dr. Shree Krishna

50. "It is a fundamental principle well-established that a decree passed by a court

without jurisdiction is a nullity, and that its invalidity could be set up whenever and

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wherever it is sought to be enforced or relied upon, even at the stage of execution and
even in collateral proceedings. A defect of jurisdiction ... strikes at the very authority
of the Court to pass any decree, and such a defect cannot be cured even by consent of
parties." In which of the following cases, this observation was made?

(a) A.R. Antulay v. R.S. Nayak

(b) Kiran Singh v. Chaman Paswan
(c) Dhulabai vs. State of MP
(d) M.S.M. Sharma v. Dr. Shree Krishna

51. Which of the following is NOT a suit of civil nature?

(a) Suits relating to rights of worship

(b) Suits relating to taking out of religious processions
(c) Suits for rights to Yajmanvritis
(d) Suits involving principally caste questions

52. A sues B for possession of certain properties, on the basis of a sale deed in his
favour. B impugns the deed as fictitious. The plea is upheld and the suit is dismissed.
A subsequent suit for some other properties on the basis of the same sale deed -

(a) is barred as the issue about the fictitious nature of the sale deed was actually in
issue in the former suit directly and substantially.
(b) is not barred
(c) is barred under section 12 of the Code of Civil Procedure
(d) is barred under section 10 of the Code of Civil Procedure

53. A sues B, C and D and in order to decide the claim of A, the court has to interpret
a will. In this case -

(a) The decision regarding the construction of the will on rival claims of the
defendants will operate as res judicata in any subsequent suit by any of the defendants
against the rest.
(b) The decision regarding the construction of the will on rival claims of the
defendants will not operate as res judicata in any subsequent suit by any of the
defendants against the rest.
(c) The decision regarding the construction of the will on rival claims of the
defendants will operate as res judicata in any subsequent suit by any of the defendants
against the rest under section 11 of the Code of Civil Procedure
(d) The decision regarding the construction of the will on rival claims of the
defendants may operate as res judicata in any subsequent suit by any of the defendants
against the rest

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54. A, a partnership firm, filed a suit against B to recover Rs 50,000. The suit was
dismissed on the ground that it was not maintainable since the partnership was not
registered as required by the provisions of the Indian Partnership Act, 1932. The firm
was thereafter registered and a fresh suit was filed against B on the same cause of
action. The suit -

(a) Is barred by res judicata under section 10 of the Code of Civil Procedure
(b) is not barred by res judicata
(c) Is barred by res judicata under section 11 of the Code of Civil Procedure

(d) Is barred by res judicata under section 13 of the Code of Civil Procedure

55. Which of the following is true regarding res judicata and estoppel?

(a) Whereas res judicata results from a decision of the court, estoppel flows from the
act of parties.
(b) The rule of res judicata is based on public policy, viz., that there should be an end
to litigation. Estoppel, on the other hand, proceeds upon the doctrine of equity, that he
who, by his conduct, has induced another to alter his position to his disadvantage,
cannot turn round and take advantage of such alteration of the other's position. In
other words, while res judicata bars multiplicity of suits, estoppel prevents multiplicity
of representations.
(c) Res judicata ousts the jurisdiction of a court to try a case and precludes an enquiry
in limine (at the threshold); estoppel is only a rule of evidence and shuts the mouth of
a party.
(d) All of the above

56. Which of the following is true?

(a) A sues B to recover damages for a breach of contract and obtains a decree in his
favour. B cannot afterwards sue A for recession of contract on the ground that it did
not fully represent the agreement between the parties, since that ground ought to have
been taken by him in the previous suit as a ground of defence.
(b) A sues B for possession of certain property alleging that it has come to his share
on partition of joint family property. B's contention that the partition has not taken
place is upheld by the court and the suit is dismissed. A subsequent suit by A against
B for partition of joint family property is not barred.
(c) As a mortgagor A sues B for redemption of certain property alleging that he has
mortgaged it with possession to B. The mortgage is not proved and the suit is
dismissed. A files another suit against B for possession of the same property claiming
to be the owner thereof. The suit is not barred.
(d) All of the above

57. A sues B for the rent due. B pleads abatement of rent on the ground that the actual
area of the land is less than that mentioned in the lease deed. The court, however,
finds the area greater than that shown in the lease deed. In this case -

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(a) The finding as to the excess area, being ancillary and incidentally to the direct and
substantial issue, is not res judicata
(b) The finding as to the excess area, being ancillary and incidentally to the direct and
substantial issue, is res judicata
(c) The finding as to the excess area, being ancillary and incidentally to the direct and
substantial issue, may be res judicata.

(d) The suit is barred by res judicata

58. Under the Code of Civil Procedure which provision is based on the principle of
"interest reipublicae ut sit finis litium" (it is in the interest of the State that there
should be an end to litigation)

(a) Section 11
(b) Section 12
(c) Section 13
(d) Section 14

59. In which of the following cases, the Supreme Court for the first time held that the
general principle of res judicata applies even to writ petitions filed under Article 32 of
the Constitution of India?

(a)M.S.M. Sharma v. Dr. Shree Krishna

(b) Daryao vs State of UP
(c) A.R. Antulay v. R.S. Nayak
(d) Kiran Singh v. Chaman Paswan

60. Which of the following is true regarding applicability of principle of res judicata
in writ proceedings?

(a) In the leading case of Daryao v. State of U.P.214, the Supreme Court has
exhaustively dealt with the question of applicability of the principle of res judicata in
writ proceedings and laid down certain principles
(b) If a petition under Article 226 is considered on the merits as a contested matter and
is dismissed, the decision would continue to bind the parties unless it is otherwise
modified or reversed by appeal or other appropriate proceedings permissible under the
Constitution.
(c)If the petition under Article 226 in a High Court is dismissed not on the merits but
because of laches of the party applying for the writ or because it is held that the party
had an alternative remedy available to it, the dismissal of the writ petition would not
constitute a bar to a subsequent petition under Article 32.
(d) All of the above

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61. Where a plaintiff is precluded by rules from instituting a further suit in respect of
any particular cause of action, he shall not be entitled to institute a suit in respect of
such cause of action in any court to which this Code applies. The Code of Civil
Procedure precludes a plaintiff from instituting a suit in the following cases:

(a) Section 21-A — Where a decree is sought to be challenged on objection as to

territorial (and/or pecuniary) jurisdiction of a Court.
(b) Section 47(1) — Where questions relate to execution, discharge or satisfaction of
decree.
(c) Section 95(2) — Where an order is made determining an application for
compensation for arrest, attachment or temporary injunction.
(d) All of the above

62. Which of the following is true?

(a) Section 13 embodies the principle of res judicata in foreign judgments.

(b) This provision embodies the principle of private international law that a judgment
delivered by a foreign court of competent jurisdiction can be enforced in India.
(c) The section is not confined in its application to plaintiffs. A defendant is equally
entitled to non- suit the plaintiff on the basis of a foreign judgment.
(d)All of the above

63. In which of the following six cases, a foreign judgment shall not be conclusive:

(a) Foreign judgment not by a competent court;

(b) Foreign judgment not on merits;
(c) Foreign judgment opposed to natural justice
(d) All of the above

64. Pleadings can be amended:

a. Before the trial court only
b. Before the first appellate court only
c. Before either the trial court or first appellate court or second appellate court
d. Before second appellate court only

65. Match the following lists and tick the correct code:
List I List II
(Order of CPC) (Subjects)
A. Order XVII 1. Execution
B. Order XXI 2. Suit by or against Corporation
C. Order XXIX 3. Suit by Indigent
D. Order XXXIII 4. Adjournment

Code:
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 A B C D

A. 1 2 3 4
B. 4 3 2 1
C. 4 1 2 3
D. 3 2 4 1

66. A files a suit against B to recover possession of a house. He values his claim in
the plaint at Rs 8000. The suit is filed in court C, which has jurisdiction to try suits of
a value up to Rs 10,000. The market value of the house is Rs 12,000, but B does not
object to the jurisdiction of the court. The decree is passed in favour of A. In appellate
court,

(a) B cannot take the objection about the pecuniary jurisdiction of court C.
(b) If the fact of an appeal being heard by a Subordinate Court or District Court where
the appeal would have laid to the High Court if the correct valuation had been given,
is itself a matter of prejudice, then the decree passed by the Subordinate Court must,
without more, be liable to set aside, and the words 'unless the overvaluation or
undervaluation thereof has prejudicially affected the disposal of the suit or appeal on
its merits' would become wholly useless.
(c) B can take the objection about the pecuniary jurisdiction of court C.
(d) Both (a) and (b)

67. Which of the following is NOT true?

(a) A enters into an agreement jointly with B and C to sell 100 tins of oil. A thereafter
refuses to deliver the goods. Here both, B and C, have each of them a right to recover
damages from A. The said right arises out of the same transaction, namely, the breach
of agreement; and common questions of law and fact would also arise. B and C,
therefore, may file a suit jointly as plaintiffs against A for damages.
(b) An altercation takes place between A on the one hand and B and C on the other. A
assaults B and C simultaneously. B and C may join as plaintiffs in one suit for
damages against A for that tortious act since both the above conditions are fulfilled.
(c) A agrees to sell and deliver 100 tins of oil to B at a particular rate on 1st January
1991. He also agrees to sell and deliver a like quantity of oil on the same day at the
same price to C. B and C can join as plaintiffs in one suit against A.
(d) All of the above

68. There is a collision between a bus and a car. The bus belongs to B and the car
belongs to C. As a result of the collision, A, a passer-by is injured. In this case -

(a) A may join B and C as defendants in one suit for damages for injuries caused to
him by negligence on the part of both of them or any one of them, since the case

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involves common questions of fact arising out of the same act, namely, collision of
two vehicles.
(b) A may join B and C as defendants in one suit for damages for injuries caused to
him by negligence on the part of both of them or any one of them

(c) A may not join B and C as defendants in one suit for damages for injuries caused
to him by negligence on the part of both of them or any one of them

(d) A may join only B as defendant in one suit for damages for injuries caused to him
by negligence on the part of B

69. Which of the following is true?

(a) Rule 10(2) of Order 1 deals with striking out, addition and substitution of parties.
(b) If after the filing of the suit, the plaintiff discovers that he cannot get the relief he
seeks without joining some other person also as a plaintiff or where it is found that
some other person and not the original plaintiff is entitled to the relief, as prayed for,
an application for addition or substitution of the plaintiff can be made.
(c) A sues B for possession of a house. B contends that since A has transferred the
house to C, he has no title to sue and the suit is, therefore, not maintainable. A
maintains his right contending that no transfer was made, but the contention is found
to be false. Thereupon, A applies for adding Casa co-plaintiff. The application
requires to be accepted
(d) All of the above

70. Residential buildings were allotted by the Housing Board to the applicants who
belonged to the low-income group. After settlement of price, excess demand was
made by the Board. The allottees challenged the demand by filing a suit in a
representative capacity. It was contended that such a suit in a representative capacity
was not maintainable as separate demand notices were issued against each of the
allottees, giving rise to separate causes of action. In this case -

(a) all the representatives had the same interest and, therefore, the suit was
maintainable
(b) the suit was not maintainable as separate demand notices were issued against each
of the allottees, giving rise to separate causes of action

(c) the suit was maintainable as all the necessary parties have been impleaded

(d) the suit was not maintainable

71. Which of the following is true?

(a) A advances loan of Rs. 2200 to B. To bring the suit within the jurisdiction of court
X, A sues B for Rs. 2000 only. A cannot afterwards sue for Rs 200.

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(b) A sues B for Rs. 200. Against this claim, B claims set-off for Rs 200 being part of
Rs 1200 due to B by A but omits to counterclaim the balance of Rs 1000. B cannot
afterwards sue A for Rs 1000.
(c) A sues B for possession alleging that B is tenant in arrears. The suit is dismissed
on the ground that B is mortgagee in possession. A subsequent suit by A against B for
redemption is not barred.
(d) All of the above

72. .No party shall be ordered to appear in person:

(a) unless he resides (a) within the local limits of the court's ordinary original
jurisdiction; or (b) outside such limits, but at a place less than (i) 50 miles; or (ii) 200
miles (where public conveyance is available) from the courthouse
(b) who is a woman not appearing in public
(c) who is entitled to exemption under the Code
(d) All of the above

73. Which of the following is true regarding the counterclaim?

(a) Counterclaim has the effect of a cross-suit and the court can pronounce a final
judgment both on the original claim and the counterclaim.
(b) The counterclaim of the defendant will be treated as a plaint and the plaintiff has a
right to file a written statement in answer to the counterclaim of the defendant.
(c) The effect of the counterclaim is that even if the suit of the plaintiff is stayed,
discontinued, dismissed or withdrawn, the counterclaim will be decided on merits, and
the defendant will have a right to get a decree for a counterclaim as claimed in the
written statement.
(d) All of the above

74. The defendant, against whom an ex parte decree has been passed, has the
following remedies available to him:

(a) to apply to the court by which such decree is passed to set it aside: Order 9 Rule 13
(b) to prefer an appeal against such decree: Section 96(2) (or to file a revision under
Section 115 where no appeal lies)
(c) to apply for review: Order 47 Rule 1
(d) All of the above

75. A, B and C are coparceners of joint Hindu family. They jointly execute a mortgage
in favour of X. X files a suit against all of them. Summons is served to C but not to A
and B. None of them appears and an ex parte decree is passed against all. A and B
apply to set aside the ex parte decree. In this case -

(a) The decree being one and indivisible, it ought to be set aside against C also.
(b) The decree cannot be set aside against C
18
(c) The decree cannot be set aside against A and B
(d) The decree cannot be set aside against any of them

76. In which of the following cases, decree may be set aside as a whole -

(a) X sues A and B, joint executors of a promissory note, for the recovery of amount
due thereunder. As a matter of fact, B has paid the amount due to X. Summons is
served to A alone. None of them appears and an ex parte decree is passed against both.
B applies to set aside the decree. The decree must be set aside against A also.

(b) A files a suit against B, C and D on a mortgage bond and gets an ex parte decree
against all of them. B alone applies to set it aside. Neither in the mortgage bond nor in
the plaint nor in the decree there is any specification of shares and liabilities of the
respective defendants.

(c) A sues B and C on a promissory note. B is the principal debtor and C is the surety.
An ex parte decree is passed against both. B alone applies to set aside the decree and
shows sufficient cause for his absence.

(d) All of the above

77. The effect of setting aside an ex parte decree is that -

(a) the suit is restored

(b) The trial should commence de novo and the evidence that had been recorded in the
ex parte proceedings should not be taken into account.
(c) Both (a) and (b)
(d) Neither (a) nor (b)

78. By the Amendment Act of 1976, Rules 10-A to 10-C have been inserted to
provide
for issue of commissions for

(a) scientific investigation,

(b) sale of movable property
(c) performance of a ministerial act
(d) All of the above

79. The provisions of Order 21 (execution proceedings) will also apply to

(a) Attachment before judgment

(b) Interim orders
(c) Mandatory Injunction
(d) Arrest before Judgment

80. Which of the following is true?

19
(a) An order passed under Order 38 Rule 5 is appealable.
(b) An order granting or refusing attachment before judgment is a case decided within
the meaning of Section 115 of the Code and is revisable by the High Court.
(c)Both (a) and (b)
(d) Neither (a) nor (b)

81. An order passed on an application for appointment of receiver by allowing the

application or rejecting such application

(a) is a "case decided" within the meaning of Section 115 of the Code.

(b) no appeal lies

(c) Both (a) and (b)

(d) Neither (a) nor (b)

82. The Plaintiff institutes the suit for recovery of Rs. 3 lacs by way of damages for
breach of contract against the defendant. It is the case of the plaintiff that the
defendant had vide a lease deed dated 1st January, 2008 prepared on a stamp paper of
Rs. 50/-let out his property in Delhi to the plaintiff at a rent of Rs. 5,000/- and for a
period of ten years; that the defendant however without any reason and in breach of
the said lease terminated the said lease on 1st January 2010 only and also instituted a
suit for ejectment of the plaintiff. The plaintiff thus claimed damages of Rs. 3 lacs for
breach of contract. The defendant files an application for rejection of the plaint on the
ground that the plaint does not disclose a cause of action. In this case -

(a)There is a valid cause of action arising in favour plaintiff and against the defendant
in the suit.

(b) The objection of the defendant is tenable and the suit filed by the plaintiff is not
maintainable.

(c) No valid cause of action arises under Order VII Rule 11

(d) The suit filed by the plaintiff is not maintainable

83. A applies for execution of a decree for possession against B. During the pendency
of the said execution, B dies on 10th March, 2008. A applies on 10th September, 2008
for substitution of legal representatives of B in the execution. Is the said application
within time?

(a)There is no provision specifying the period of time within which an application for
substitution of legal representatives in an execution proceeding is to be filed.

20
(b) The limitation for filing application for substitution of legal representatives in an
execution proceeding is governed by Order 22.

(c) The application of A filed on 10th September 2008 for substitution of legal
representatives of B in the execution is within time.

(d) Both (a) and (c)

84. The petitioner in a probate case examined an attesting witness to the Will who was
cross examined by the objector. The evidence of the objector has begun. The objector
wants to examine, as his own witness, the attesting witness to the Will whom he had
cross examined earlier. It is his case that the said attesting witness had on an earlier
occasion deposed under pressure from the petitioner and now wants to give the correct
statement. Whether the objector can be permitted to examine as his own witness, the
witness whom he had cross examined earlier?

(a) Order 18 Rule 17 is applicable to the present situation wherein the objector wants
to recall witness to cross examine him on the plea that the witness had earlier deposed
under pressure from the petitioner and now wants to give correct statement.

(b) Litigant cannot invoke Order 18, Rule 17 CPC or inherent powers of the Court to
recall witness who had earlier deposed against that litigant to now depose in favour. If
it is allowed then it would be a dilatory tactic in the hands of the defendants.

(c) The Court may in it’s discretion allow the objector to examine the witness.

(d) Order 6 Rule 17 is applicable to the present situation wherein the objector wants
to recall witness to cross examine him on the plea that the witness had earlier deposed
under pressure from the petitioner and now wants to give correct statement.

85. The plaintiff instituted a suit pleading that one A was the producer of certain films,
negatives whereof had been kept by him in the custody of defendant no. 3 laboratory
for preservation. A died leaving the defendants No. 1 and 2 as his only legal heirs; that
upon the demise of A, defendants No. 1 and 2 had become the owners of the films,
negatives whereof were kept in the custody of the defendant no. 3; that the defendants
no. 1 and 2 had sold their rights in the said films/negatives in favour of the plaintiff.
The plaintiff thus sued for mandatory injunction for direction to defendant no. 3 to
deliver the negatives of the films to the plaintiff. The defendant No. 1 and 2 did not
contest the suit. The defendant No. 3 files a written statement pleading that A had kept
the negatives with it for safe custody on payment of charges; that a sum of Rs. 6 lacs
was due to towards the said charges. One of the issues framed in the suit was as to
whether the defendant no. 3 was entitled to the sum of Rs. 6 lacs towards charges for
safe custody of the negatives. The defendant no. 3 did not lead any evidence in the
suit. Resultantly, the issue as to its entitlement to Rs. 6 lacs was decided against it.
21
The decree for mandatory injunction was passed directing the defendant No. 3 to hand
over the negatives to the plaintiff subject to payment of appropriate charges. The
plaintiff filed an application for execution. The defendant no. 3 again said that besides
the sum of Rs. 6 lacs earlier stated, to be due, further amounts had accrued towards
charges for safe custody of the negatives. In the present case -

(a) the claim of defendant no. 3 is Rs. 6 lacs & further amounts accrued towards
charges for safe custody of the negatives shall be decided by the executing Court in
the execution proceeding

(b) the claim of defendant no. 3 is Rs. 6 lacs & further amounts accrued towards
charges for safe custody of the negatives shall be decided by the High Court

(c) the claim of defendant no. 3 is Rs. 6 lacs & further amounts accrued towards
charges for safe custody of the negatives shall be decided by the executing Court in
the execution proceeding and not by a separate Court

(d) the claim of defendant no. 3 is Rs. 6 lacs & further amounts accrued towards
charges for safe custody of the negatives shall be decided by the District Court

86. The application of the plaintiff under Order 39 Rules 1 and 2 of the CPC was
dismissed by the Trial Court. The plaintiff preferred an appeal against the said order.
However, after some arguments the appeal was dismissed as withdrawn. The plaintiff
thereafter applied to the Trial Court for review of the order of dismissal of the
application. The defendant took a preliminary objection that an appeal having been
preferred and withdrawn, the plaintiff was not entitled to apply for review. In this case
-

(a) Review is not maintainable once appeal is filed even if dismissal is withdrawn.

(b) Review is maintainable

(c) Review is subject to discretion of the Court

(d) Review is maintainable whether or not appeal is filed

87. The court makes efforts for amicable settlement in a suit. Amicable settlement is
arrived at between the parties, the broad terms whereof are recorded by the court in its
order. The matter is adjourned for filing of an application under Order 23 Rule 3 of
the CPC by the parties. However, the defendant does not join in the said application.
The plaintiff applies for decreeing the suit in terms of the compromise recorded in the
earlier order of the court. The defendant opposes. In the present case-

(a) Since the defendant did not join the said application, no compromise decree could
have come into existence. The plaintiff cannot apply for decree in terms of the earlier

22
order of the Court since it was not a compromise in terms of Order 23 Rule 3 on
having failed to fulfill all requirements of the provision.

(b) The plaintiff may apply for decree in terms of the earlier order of the Court

(c) The plaintiff cannot apply for decree in terms of the earlier order of the Court

(d) The plaintiff can apply for decree in terms of the earlier order of the Court since it
was a compromise in terms of Order 23 Rule 1 fulfilling all the essential conditions.

88. B is a tenant of A in a premises governed by the Rent Control Act where under
notwithstanding a contract to the contrary B can be evicted from the premises only on
a ground provided under the Rent Act. A in or about January, 2008 institutes a petition
for eviction against B on the ground of misuse of the tenancy premises by A. A
thereafter in or about August 2008, while the earlier petition for eviction is still
pending, institutes another petition for eviction against B on the ground of B having
sub-let a portion of the tenancy premises in 2006 to C. B in defence to the second
petition states that the same is barred by Order 2, Rule 2 and/or the proceedings
therein are liable to be stayed under section 10 of CPC. In the present case-

(a) The bar of O.2 R 2 will apply and Section 10 will not be attracted

(b) Since the cause of action on which the petition is filed is different in both the
cases, the bar of O.2 R 2 will not apply. However, the grounds and the cause of action
of the petitions being different, section 10 will not be attracted even though the parties
are the same.

(c) Since the cause of action on which the petition is filed is different in both the
cases, the bar of O.2 R 2 will not apply. Section 10 will be attracted

(d) The bar of O.2 R 2 will apply and Section 10 will be attracted

89. A statute ousting jurisdiction of a court must be -

a. Liberally construed

b. Strictly construed

c. Literally construed

d. None of the above

90. Under Order II, every suit shall be framed –

a. so as to afford ground for final decision upon the subjects in dispute

23
 b. to prevent further litigation concerning them

c. Both (a) and (b)

d. Neither (a) nor (b)

91. Which of the following is true with respect to summons?

(a) Service of summons shall be made by delivering or tendering a copy to the

defendant personally signed by the Judge

(b) Summons shall be issued to a witness to give evidence and to produce documents
or other material objects

(c) In case of service of summons on more than one defendant, service must be made
on each defendant

(d) all of the above

92. Which of the following are special facts to be pleaded in the pleading?

(a) all matters which show the suit not to be maintainable

(b) that the transaction is either void or voidable in point of law

(c) other grounds of defence which would raise issues of fact not arising out of the
plaint

(d) All of the above

93. Which of the following is a consequence of the refusal of pleader to answer?

(a) the Court may postpone the hearing of the suit to a day not later than 7 days from
the date of first hearing

(b) the Court may direct the party to appear at the next hearing so appointed

(c) Both (a) and (b)

(d)None of the above

24
94. The Court has the power to examine orally –

(a) such of the parties to the suit appearing in person or present in Court or his pleader
if accompanied

(b) any person being able to answer any material question relating to the suit

(c) witnesses to the suit

(d) Both (a) and (b)

95. Which of the following is true with respect to interrogatories?

(a) The plaintiff or the defendant may deliver interrogatories in writing for the
examination of opposite parties.

(b)No party shall deliver more than one set of interrogatories to the same party
without an order for that purpose

(c) Interrogatories which do not relate to any matters in question in the suit shall be
deemed irrelevant.

(d) All of the above

96. In deciding upon the application for leave to deliver interrogatories, the Court
shall take into account any offer which may be made by the party sought to be
interrogated

(a) to deliver particulars

(b) to make admissions

(c) to produce documents relating to matters in question

(d) any of the above

97. Where a party unreasonably neglects or refuses to admit a document after the
service on him of the notice to admit documents, the Court may -

(a) direct him to pay costs to the other party by way of compensation

25
(b) proceed with the case without the documents

(c) proceed with the case on the basis of documents supplied by the party

(d)None of the above

98. In suits involving a substantial question of law as to the interpretation of the

Constitution, which of the following is true?

(a) any question of interpretation of the Constitution under Article 132 read with
Article 147 is involved

(b) a substantial question of law is involved

(c) question relating to legality or constitutionality of any instrument is involved

(d) all of the above

99. The permission granted to the plaintiff to sue as an indigent person be withdrawn –

(a) if he is guilty of vexatious or improper conduct in the course of the suit

(b) if it appears that his means are such that he ought not to continue to sue as an
indigent person

(c) if he has entered into any agreement with reference to the subject matter of the suit
under which any person has obtained an interest in such subject matter.

(d)All of the above

100. Which of the following section provides for consent or agreement by persons
under disability?

(a) Section 140

(b) Section 142

(c) Section 146

(d) Section 147

26
101. The indigent person is exempted to pay –

(a) only the Court fee

(b) only the Process fee

(c) both Court fee and Process Fee

(d) lumpsum fees

102. The revocation of permission granted to the Plaintiff to be sued as an indigent –

(a) may be done on the application of the defendant

(b) may be done on the application of the defendant or government pleader

(c) may be done on the application of the government pleader

(d) None of the above

103. Bank filed a suit for money decree against the partnership firm, A and its four
partners, B, C,D and E. Trial Court passed a decree against the firm A and two of its
partners, B and C and dismissed the suit against remaining partners. Only Bank went
in appeal challenging the decision of the trial court so far as it dismissed the claim as
against partners, D and E but did not implead firm A, partners B and C, as parties to
the appeal. The question is whether A, B and C were necessary parties and in their
absence the appeal is not maintainable?

(a) A, B and C cannot be said to be necessary parties in the appeal

(b) A, B and C cannot be said to be necessary parties in the appeal and the appeal is
not bad for non-joinder of A, B and C as respondents.

(c) A, B and C are necessary parties in the appeal

(d) The appeal is bad for non joinder of A, B and C as necessary parties

104. The plaintiff sued in forma pauperis. The defendant applied for appointment of a
Commissioner for examination of his witnesses at Bombay and Meerut. The plaintiff
says he has no means to go with his counsel and cross examine witnesses at Bombay
and Meerut unless the defendant is asked to defray his expenses. The defendant
contended that under Order 26 Rule 15 C.P.C. he can be directed to pay a reasonable

27
sum for “the expenses of the commission” which expression does not include the
expenses of the other party. Should the plaintiff get his expenses?

(a) Plaintiff is entitled to get expenses so that he can appear before the Commission in
the interest of justice the Court may accordingly interpret Order 26 Rule 15 and pass
an order directing the defendant to pay for the expenses of the plaintiff in the interest
of justice.

(b) The Court may accordingly pass an order to pay for the expenses of the plaintiff in
the interest of justice in accordance with Order 26 Rule 12

(c) Plaintiff is not entitled to get the expenses

(d) Plaintiff is not entitled to get expenses as the expression “the expenses of the
commission” does not include the expenses of other party.

105. In an eviction proceeding, 27-5-1989 was fixed for the evidence of the landlord
and 2.6.1989 for the evidence of the tenant. On 27.5.1989 neither the tenant nor his
counsel appeared at hearing. The Court recorded evidence of the landlord and passed
ex-parte eviction order. Same day tenant applied for setting aside the ex-parte order
alleging that he was ill and his counsel had forgotten mentioning the case in his diary.
He filed his own affidavit but did not file medical certificate and diary and affidavit of
counsel. The landlord rebutted his allegation on affidavit. In this case -

(a) the ex parte order is liable to be set aside in view of Order 9 Rule 7

(b) the ex parte order is not liable to be set aside

(c) it is at the Court’s discretion to set aside the exparte order

(d) the proceedings must be stayed

106. A filed a suit for the recovery of the rent against B, on the ground that B was his
tenant and has not paid rent for the past 2 years. In the written statement filed, B
admitted that he was the tenant of A, but he pleaded that he has paid the rent without a
receipt having been issued. During the trial B filed an application seeking permission
to amend the written statement and instead pleaded that he was not a tenant of A. In
this case-

(a) Proposed amendment would amount to taking away the ‘admission’ of B and thus,
cannot be permitted.

(b) In view of the Order 6 Rule 17, the application for amendment of written statement
filed by B is not allowed.

(c) The application for amendment of written statement filed by B must be allowed

28
(d) Both (a) and (b)

107. B was in occupation of a house belonging to A. In March 1981, A filed a suit for
possession alleging that B was a trespasser in the house. The suit was contested by B,
who pleaded that he had become the owner of the house, by adverse possession. The
suit was fixed for hearing on 15th July 1981, on which date A was unable to attend the
Court, but B appeared in Court. The suit was dismissed in default. On 10th December
1981, B died leaving behind a widow C. In January, 1982 A brought a suit against C
alleging that she is in illegal possession of the house and praying that a decree for
possession be passed against her. In this case -

(a) Since C being the widow of B is claiming under B and does not have any
independent right, title or interest to the estate, the subsequent suit of A against C is
hit by the provisions of Order 9 Rule 9.

(b) the subsequent suit of A against C is hit by the provisions of Order 9 Rule 7.

(c) the subsequent suit of A against C is not hit by the provisions of Order 9 Rule 9.

(d) the subsequent suit of A against C is hit by the provisions of Order 9 Rule 8.

108. In which of the following cases, it was held that the amendments introduced to
the Code of Civil Procedure, 1908 by the Commercial Courts Act, 2015 are only
applicable to a Commercial Dispute of a Specified Value and not commercial disputes
not of a Specified Value.

(a) Axis Bank Ltd. v. Mira Gehani

(b) SCG Contracts India (P) Ltd. v. K.S. Chamankar Infrastructure (P) Ltd.
(c) Bharat Bhogilal Patel v. Leitz Tooling Systems India (P) Ltd.,
(d) Razia Begum v. Anwar Begum

109. Which of the following is true?

(a) Section 16 of the Commercial Courts, Commercial Division and Commercial

Appellate Division of High Courts Act, 2015 provides that the provisions of the Code
of Civil Procedure, 1908 (5 of 1908) shall, in their application to any suit in respect of
a commercial dispute of a Specified Value, stand amended in the manner as specified
in the Schedule.
(b) The Commercial Division and Commercial Court shall follow the provisions of
the Code of Civil Procedure, 1908 (5 of 1908), as amended by this Act, in the trial of a
suit in respect of a commercial dispute of a Specified Value.
(c) Where any provision of any Rule of the jurisdictional High Court or any
amendment to the Code of Civil Procedure, 1908 (5 of 1908), by the State
Government is in conflict with the provisions of the Code of Civil Procedure, 1908, as
amended by this Act, the provisions of the Code of Civil Procedure as amended by

29
Commercial Courts, Commercial Division and Commercial Appellate Division of
High Courts Act, 2015 shall prevail.
(d) All of the above

110. The Commercial Courts, Commercial Division and Commercial Appellate

Division of High Courts Act, 2015 introduces a system of “Summary Judgment”
through -

(a) Order XIII-A in the CPC

(b) Order XII-B in the CPC
(c) Order XI-C in the CPC
(d) Order XIII-D in the CPC

111. Which of the following is true?

(a) The date for hearing a summary judgment of a commercial dispute must be fixed,
after giving a notice period of thirty days to the respondent.
(b) The respondent has to file his reply within sixty days of the receipt of notice of
application of summary judgment or notice of hearing, whichever is earlier.
(c) Both (a) and (b)

(d) Neither (a) and (b)

112. Consider the following statements:

(I) The form of pleadings in commercial dispute will be as per High Court Rules or
Practice Directions provided for such disputes.
(II) A new Rule 15A has been inserted, which pertains to verification of pleadings in a
commercial dispute, in a prescribed manner (Statement of Truth).
(III) In the absence of verification, the pleadings cannot be relied as evidence.
(IV) Every pleading has to be verified by an affidavit signed by the party, or one of
the parties to the proceedings or any person who is acquainted with the facts of the
case and authorized by such parties. If the pleading is amended, the same has to be
verified.

Which is correct?
(a) I and II
(b) I, II, III and IV
(c) I and III
(d) I and IV

113. The Commercial Courts, Commercial Division and Commercial Appellate

Division of High Courts Act, 2015 has increased the time period for filing the
written statement to -

(a) 90 days

30
(b) 120 days
(c) 30 days
(d) 60 days

114. The Commercial Court, Commercial Division, or Commercial Appellate

Division, as the case may be, shall, within___________of the conclusion of
arguments, pronounce judgment

(a) 90 days
(b) 120 days
(c) 30 days
(d) 60 days

115. Which of the following is true?

(a) The first Case Management Hearing has to be held by the court within four weeks
from the date of filing of affidavit of admission or denial of documents by all parties
to the suit.
(b) Arguments have to be closed within six months of the first Case Management
Hearing.
(c) Both (a) and (b)
(d) Arguments have to be closed within three months of the first Case Management
Hearing.

116.The Court may give a summary judgment against a plaintiff or defendant on a

claim if it considers that––
(a) the plaintiff has no real prospect of succeeding on the claim or the defendant has
no real prospect of successfully defending the claim
(b) there is no other compelling reason why the claim should not be disposed of before
recording of oral evidence.
(c) Both (a) and (b)
(d) Neither (a) nor (b)

117. Under ORDER XIII (2) the word “claim” shall include—

(a) part of a claim

(b) any particular question on which the claim (whether in whole or in part) depends
(c) a counter-claim
(d) All of the above

118. Under ORDER XIII Rule 6, the Court may upon an application, make such
orders that it may deem fit in its discretion including the following:—

(a) judgment on the claim

(b) conditional order in accordance with Rule 7
31
(c) dismissing part of the claim and a judgment on part of the claim that is not
dismissed;
(d) All of the above

119. In any Case Management Hearing held under the Code, the Court shall have the
power to—
(a) prior to the framing of issues, hear and decide any pending application filed by the
parties under Order XIII-A; (b) direct parties to file compilations of documents or
pleadings relevant and necessary for framing issues;
(c) extend or shorten the time for compliance with any practice, direction or Court
order if it finds sufficient reason to do so;
(d) All of the above

120. Which of the following provisions of the Code of Civil Procedure shall not apply
to suits or applications before the Commercial Divisions of High Court or
Commercial Courts?

(a) Order XIII Rule 1

(b) Order VII Rule 14
(c) Order VIII Rule 1A
(d)All of the above

121. The stipulation that in a suit by the Central Government, the authority to be named
as plaintiff shall be “ the Union of India” has been provided for in Section:

(a) 78

(b) 79.

(c) 79A

(d) 77

122. As provided in Section 79 of the Code of Civil Procedure a suit by the Central
Government must be filed in the name of -

(a) The President of India

(b) Attorney General of India

(c) Prime Minister of India

(d) Union of India.

123. Notice under Section 80 of the Code of Civil Procedure is mandatory when -

(a) The suit is against a Co-operative Society

32
(b) The suit is against the Government.

(c) The suit is against Gram Panchayat

(d) The suit is against Municipal Corporation

124. Provisions of Section 80 of Code of Civil Procedure are binding on -

(a) The Court of a Civil Judge

(b) The Court of District Judge

(c) The High Court

(d) All of the above.

125. Where a decree is passed against the Union of India or a State for the act done in
the official capacity of the officer concerned, under Section 82 Code of Civil
Procedure, execution shall not be issued on any such decree unless the decree remains
unsatisfied for a period of -

(a) 3 months from the date of the decree.

(b) 6 months from the date of the decree

(c) 1 year from the date of the decree

(d) 2 years from the date of the decree

126. Under which provision of Code of Civil Procedure an Ambassador can be sued?

(a) Section 86.

(b) Section 88

(c) Section 88A

(d) He cannot be sued

127. A person may sue a foreign state:

(a) With the consent of the State Government

(b) Only with the consent of the Central Government.

(c) With the consent of Central or State Government

(d) With the consent of the President of India

128. Which of the following is true?

33
(a) Alien enemies residing in India can never sue

(b) Alien enemies residing in India may sue with the permission of the Central
Government.

(c) Alien enemies residing in India may sue with the permission of the State
Government in whose jurisdiction they are residing

(d) Alien enemies can sue in any Court

129. ‘A’ deposits a box of jewels with ‘B’ as his agent. ‘C’ alleges the jewels were
wrongfully obtained by ‘A’ from him and claims them from ‘B’. There ‘B’ -

(a) Can institute inter-pleader suit against ‘A’

(b) Can institute inter-pleader suit against ‘C’

(c) Can institute inter-pleader suit against ‘A’ and ‘C’ both

(d) Cannot institute an interpleader suit against ‘A’ and ‘C’.

130. The provisions regarding ‘friendly suits’ are in:

(a) Section 90, Order 36 of the Code of Civil Procedure.

(b) Section 88, Order 35 of the Code of Civil Procedure

(c) Order 34 of the Code of Civil Procedure

(d) Order 33 of the Code of Civil Procedure

131. Suits for declaration & injunction in respect of public nuisances under Section 91
of Code of Civil Procedure can be instituted by -

(a) An individual without the leave of the Court

(b) An individual with the leave of the Court

(c) Two or more person without the leave of the Court

(d) Two or more persons with the leave of the Court.

132. In the case of a public nuisance a suit under Section 91 of the Code of Civil
Procedure for a declaration and injunction may be instituted by -

(a) A person aggrieved

(b) A person to whom special damage has been caused by reason of such public
nuisance

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(c) With the leave of the court of two or more persons, even though no special damage
has been caused to such persons.

(d) Two or more persons to whom special damage has been caused by reason of such
public nuisance

133. Where a person commits a public nuisance -

(a) He is liable to criminal prosecution under I.P.C

(b) Suit may be filed against him under Section 91 of Civil Procedure Code

(c) Suit for damages may be filed against him

(d) All of the above.

134. Who amongst the following may sue for public nuisance and other wrongful acts
affecting the public?

(a) The Advocate General only.

(b) With the leave of the court by two or more persons only

(c) Anybody who is affected by it

(d) (a) And (b) both

135. A suit in respect of public charities is provided under -

(a) Section 92 of Code of Civil Procedure.

(b) Section 41 of Code of Civil Procedure

(c) Section 100 of Code of Civil Procedure

(d) Section 105 of Code of Civil Procedure

136. Which one of the following does not find a place under the provision of Section
94, Code of Civil Procedure relating to supplemental proceedings?

(a) Arrest before judgement

(b) Attachment before judgement

(c) Temporary injunction

(d) Appointment of executors.

137. Which of the following is not a supplemental proceeding?

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(a) Grant of temporary injunction

(b) Appointment of a receiver

(c) Direction to defendant to furnish security

(d) Issuance of a commission.

138. “No appeal shall lie from a decree passed by the court with the consent of parties”.
It is provided -

(a) Section 96(1) Code of Civil Procedure

(b) Section 96(2) Code of Civil Procedure

(c) Section 96(3) Code of Civil Procedure.

(d) Section 96(4) Code of Civil Procedure

139. Section 96(4) of the Code of Civil Procedure inserted by the Code of Civil
Procedure (Amendment) Act, 1976, is:

(a) Appeal against consent decree

(b) Appeal in petty cases.

(c) Appeal against final decree

(d) Appeal against findings

140. Which of the following statement is correct?

(1) An appeal may lie from an original decree passed ex-parte.

(2) No appeal shall lie from a decree passed by the Court with the consent of parties.

(3) No appeal shall lie on a question of law.

(a) Only (1)

(b) Only (2)

(c) Only (3)

(d) Both (1) and (2).

141. An appeal shall lie

(a) From all orders passed by the Court

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(b) Only from such orders as provided in the Code of Civil Procedure.

(c) From none of the orders passed by the District Courts

(d) From none of the decrees by the District Courts

142. Point out the wrong statement:

(a) Where the defendant appears and the plaintiff does not appear, when the suit is
called for bearing the court shall dismiss the suit and the plaintiff shall be barred from
filing a fresh suit on the same cause of action

(b) No appeal may lie from an original decree passed ex parte.

(c) The plaintiff may apply to the court which passed an ex parte decree against him,
for an order to set it aside

(d) No court shall set aside a decree passed ex parte merely on the ground that there
has been in irregularity in the service of summon upon the defendant

143. Second Appeal under Section 100 of Civil Procedure Code lies before:-

(a) District Court

(b) High Court.

(c) Supreme Court

(d) Special Court

144. Under the provisions of Code of Civil Procedure, no second appeal lies in a suit
for recovery of money not exceeding -

(a) Rs. 25,000.

(b) Rs. 50,000

(c) Rs. 1,00,000

(d) Rs. 2,00,000

145. Under section 100A of the Code of Civil Procedure, where any appeal from an
original or appellate decree or order is heard and decided by a single judge of a High
Court:

(a) No further appeal shall lie from the judgement and decree of such single judge.

(b) Further appeal shall lie under the Letter Patent for the High Court

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(c) Further appeal shall lie with the leave of the Supreme Court

(d) Further appeal shall lie before the Division Bench of the High Court

146. Under Section 104 of the Code of Civil Procedure an appeal can be preferred
against -

(a) An order under Section 91 to refuse permission to institute suit

(b) An order under Section 95 for compensation

(c) An order under Section 92

(d) All of the above.

147. Which one of the following is correct?

(a) Appellate Court shall have power to determine a case finally.

(b) Appellate Court shall not remand a case

(c) Appellate Court shall not have a power to frame issue and refer them for trial

(d) Appellate Court shall not have power to take additional evidence

148. An appeal shall not lie from which of the following order under the Code of Civil
Procedure?

(a) Section 35A

(b) Section 35B.

(c) Section 95

(d) Section 91

149. ‘Reference’ under the Code of Civil Procedure may be made to:

(a) The Supreme Court

(b) The High Court.

(c) The District Judge

(d) None of the above

150. Who may apply for reference under Section 113 of the Code of the Civil
Procedure 1908?

(a) A party to suit

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(b) Court.

(c) Both (a) and (b)

(d) None of the above

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