CIVIL PROCEDURE CODE 1908
Civil Procedure Code
a) 01 Jan 1908 b) 01 Apr 1908
c) 01 Jan 1909 d) 15 Jun 1909 Ans:c(1)
2. CPC extends to
a) Whole India
b) Whole India except Nagaland , tribal area & Jammu and Kashmir
c) Whole India except Nagaland , tribal area
d) Whole India except Jammu and Kashmir Ans:b(1)
3. Tribal Area included
a) Assam, Tripura b) Mizoram, Megalaya
c) All the above d) None of these Ans:c(1)
4. Local limits of the jurisdiction of a principal civil court of Original Jurisdiction is called
(a) Munsiff (b) Mohsil
(c) District (d) None of these Ans:c
5. ‘Judge’ is defined as the presiding officer of a civil Court in ………………..of Code of civil Procedure 1908.
(a) 2(8) (b) 2(4)
(c) 2(5) (d) 2(2) Ans:a
6. Government Pleader is defined in………………..of Code of civil Procedure 1908.
(a) 2(7) (b) 2(4)
(c) 2(5) (d) 2(2) Ans:a
7. Foreign Court is defined in………………..of Code of civil Procedure 1908.
(a) 2(5) (b) 2(4)
(c) 2(5) (d) 2(2) Ans:a
8 Foreign Judgment is defined in………………..of Code of civil Procedure 1908.
(a) 2(6) (b) 2(4)
(c) 2(5) (d) 2(2) Ans:a
9. The decree holder
(a) Must be the plaintiff (b) Need not be the plaintiff
(c) Both a. and b (d) None of these Ans:b
10. The essence of a claim for means profit
,
(a) Possession
(b) Wrongful possession of the defendant
(c) Enjoyment of property
(d) None of these Ans:b
11. Order rejecting the plaint for non payment of a Court fee is ____
(a) Decree (b) Preliminary decree
(c) Not a decree (d) None Ans:a(2(2))
12. ‘Any person against whom a decree has been passed or an order capable of execution has been made’ is called
(a) Plaintiff (b) Decree Holder
(c) Judgment Debtor (d) None of the above Ans:c(2(10))
13. ‘A person who in law represents the estate of a deceased person, and includes any person who intermeddles with the estate of the deceased and where a party sues or is sued in a representative character the person on whom the estate devolves on the death of the party so suing or sued’ is called
(a) Legal Heir (b) Next friend
(c) Legal representative (d) None of the above Ans:c(2(11))
14. ‘Those profits which the person in wrongful possession of such property actually received or might with ordinary diligence have received there from, together with interest on such profits, but shall not include profits due to improvements made but the person in wrongful possession’
(a) Means profit (b) Interest
(c) Principal sum (d) None of the above Ans:a(2(12))
15 The formal expression of any decision of a Civil Court which is not a decree; is called
(a) Judgment (b) Injunction
(c) Order (d) None of the above Ans:c(2(14))
16. ‘Order’ is defined in………………..of Code of civil Procedure 1908.
(a) 2(11) (b) 2(14)
(c) 2(15) (d) 2(12) Ans:b
17. Under S.(2) 7A of CPC , High Court in relation to Andaman Nicobar Islands means
(a) Calcutta HC (b) Mumbai HC
(c) Allahabad HC (d) Delhi HC Ans:a
18. ‘Judgment’ is defined in………………..of Code of civil Procedure 1908.
(a) 2(6) (b) 2(4)
(c) 2(5) (d) 2(9) Ans:d
19. Statement given by the judge on the grounds of a decree or order is called
(a) Final order (b) Final Decree
(c) Judgment (d) None of the above Ans:c
20. ‘Judgment Debtor’ is defined in………………..of Code of civil Procedure 1908.
(a) 2(6) (b) 2(4)
(c) 2(10) (d) 2(2) Ans:c
21. An order that a suit abates is a
(a) Judgment (b) Plaint
(c) Decree (d) None of these Ans:c
22. A decree becomes final
(a) When no appeal has been preferred against the decree
(b) When it conclusively determines the rights of the parties
(c) Neither (a) nor (b) (d) Both (a) & (b) Ans:d
23. Decree Holder is defined in S…………..of C.P.C
(a) 2(3) (b) 2(4)
(c) 2(5) (d) 2(2) Ans:a
24. Decree can be—
(a) Preliminary (b) Final
(c) First preliminary then final (d) Either preliminary or final Ans:d
25. An ex party decree can be set aside on the ground that
(a) Summons were not duly served
(b) Non-appearance of defendant as copies of documents filed with plaint were not
provided to defendant
(c) Defendant refused to receive the summons and thereafter no fresh summons
were issued to him
(d) An ex party decree cannot be set aside under any circumstance Ans:a
26. Which of the following is not a decree
(a) Rejection of a plaint (b) Dismissal in default
(c) Both (a) & (b) (d) Neither (a) nor (b) Ans:b
27. Rejection of an application for condonation of delay and consequent dismissal of appeal as time barred is
(a) A decree (b) Preliminary decree
(c) Not a decree (d) None Ans:c
28. If an appeal against a preliminary decree succeeds, the final decree
(a) Can be passed (b) Can or cannot be passed
(c) Automatically fails (d) None Ans:c
29. A decree, when further proceedings have to be taken before the suit can be completely disposed of, is a
(a) Final decree (b) Preliminary decree
(c) Preliminary decree and partly final decree (d) None of these Ans:b
30. A decree does not include
(a) Any order of dismissal for default
(b) Any adjudication from which an appeal lies as an appeal from an order
(c) Either a. or b. (d) Both a. and b. Ans:d
31. A decree, when an adjudication completely disposes of the suit, is a
(a) Preliminary decree (b) Final decree
(c) Partly preliminary and partly final (d) None of these Ans:b
32. One of the following is a decree
(a) An order dismissing a suit for default of appearance
(b) An order rejecting an application for leave to sue informa pauperis
(c) An order returning the plaint for presentation to the proper court
(d) None of these Ans:c
33. One of the following is a decree
(a) Any order of dismissal for default
(b) Any adjudication from which an appeal is lies as appeal from an order
(c) Rejection of a plaint (d) None of these Ans:c
34. ‘Decree holder’ means
(a) Any person against whom a decree has been passed
(b) Any person in whose favour a decree has been passed or an order
capable of execution has been made
(c) Either a. or b. (d) Neither a. nor b. Ans:b
35. The first uniform Code of civil Procedure was enacted in the year
(a) 1908 (b) 1859 (c) 1882 (d) 1872 Ans:b
36. Decree shall be deemed to include the rejection of a plaint and the determination of any question within Section 144 of C.P.C.-
(a) Wrong (b) Right
(c) It includes rejection of plaint but does not includes the determination of any
question within Section 144 of C.P.C
(d) It includes determination of any question within Section 144 but shall not
include the rejection of a plaint Ans:b
37 The Code of Civil Procedure (Amendment) Act, 2002 came into force on
(a) 1st April, 2002 (b) 1st June, 2002
(c) 6th June, 2002 (d) 1st July, 2002 Ans:d
38. The Code of Civil Procedure (Amendment) Act, 1999 as well as the Amendment Act, 2002 were held constitutionally valid in
(a) T.K. Rangarajan Vs. Govt. of Tamil Nadu
(b) Selam Bar Association Vs. Union of India
(c) State of Punjab Vs. Sivaram
(d) Centre for public interest Vs. Union of India Ans:b
39. The substantive part contained is
(a) Sections (b) Rules
(c) Orders (d) None of these. Ans:a
40. The procedural part contained is
(a) Sections (b) Rules
(c) Codes (d) None Ans:c
41. ‘Decree’ has been defined in section ____ of the Civil Procedure Code
(a) 5 (b) 4
(c) 3(2) (d) 2(2) Ans:d
42. Which of the following Orders deals with commissions?
(a) O. XXVI (b) O.XXII
(c) O.XXIII (d) O.XXV Ans:a
43. ‘Public Officer’ is defined in………………..of Code of civil Procedure 1908.
(a) 2(16) (b) 2(14)
(c) 2(17) (d) 2(19) Ans:c
44. CPC include
a) 51 orders & 158 Sections b) 101 orders & 511 Section
c) 35 orders & 488 Sections d) None of these Ans:a
45. In a suit under order XXXVII, Rule 2 of CPC the defendant has to put in appearance within
a) 10 days of service of summon b) 15 days of service of summon
c) 30 days of service of summon d) None of these Ans:c
(Prepared by AB Kantharaja Kodagu Dn, Karnataka, presently serving in APS (abkantharaja@blogspot.com) abkantharaja@gmail.com mobile No 08969822340)
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