Important MCQs on Civil Procedure Code, 1908
Multiple Choice Questions (MCQ's) on the Code of Civil Procedure, 1908 especially compiled for Judicial Services Examination.
1. A decree can be:
b) Final
c) First preliminary then final
d) Either preliminary or final
2. Preliminary Decree can be passed in a suit:
b) for partnership
c) for possession and mesne profit
d) All these
3. Under Civil Procedure Code, which of the following statements are true regarding a decree?
b) Decree can be partly preliminary and partly final
c) This would not include any adjudication from which an appeal lies as an appeal from an order
d) All of them
4. Under CPC, which of the following is not a decree?
b) Rejection of a plaint
c) Dismissal of suit in default and rejection of a plaint
d) None
5. Which of the following sections of the CPC defines the 'Mesne Profit'?
b) Section 2(14)
c) Section 2(6)
d) Section 2(12)
6. Judgement under Section 2(9) of the Code of Civil Procedure, 1908 means:
b) dismissal of appeal summarily
c) statement of grounds of an order or decree
d) All the above
7. Under Civil Procedure Code, 1908 "Foreign Court" means:
b) A court situated outside India and not established under the authority of Government of India
c) A court situated in India, applying foreign law
d) All of the above
8. Who amongst the following is not "a public officer" within the meaning of Section 2(17) of CPC?
b) Sarpanch of a Gram Panchayat
c) A person in the service getting pay from the Government
d) None of the above
9. Under which Section of the Civil Procedure Code "Pecuniary Jurisdiction" of the Court has been provided?
b) Section 4
c) Section 5
d) Section 6
10. Which of the following is a right of civil nature:
b) Right to take out procession
c) Right to worship in a temple
d) All of these
11. Which Section of the CPC lays down the rule of res sub judice?
b) Section 13
c) Section 11
d) Section 10
12. Provisions of Section 10 of CPC are:
b) Mandatory
c) Discretionary
d) None of the above
13. 'A', an Indian citizen, enters into a contract with 'B', a US citizen based in the USA. Certain disputes arise under the contract, and 'B' files a suit in the matter in the civil court of New York. 'A' files a counter claim in the said suit. Subsequently, 'A' files a suit in the same matter in the jurisdiction Civil Court in New Delhi. Is the latter court barred from trying the suit
b) Yes, since by filing a counter claim 'A' has accepted the jurisdiction of the courts of New York
c) No, because the pendency of a suit in a foreign court does not preclude courts in India from trying a suit based on the same cause of action.
d) No, because it is the defendant in the first suit and the plaintiff in the second suit.
14. Principle of res judicata applies to ________.
b) Execution proceeding only
c) Arbitration proceedings only
d) Suits as well as execution proceedings
15. 'Res judicata' does not apply to:
b) between co-defendants
c) public interest litigation
d) writ of habeas corpus
16. Rule of 'constructive res judicata' is contained in which explanation to Section 11 of CPC?
b) Explanation III
c) Explanation IV
d) Explanation V
17. Validity of a foreign judgment can be challenged under Section 13 of CPC
b) in a criminal court only
c) in both civil and criminal court
d) neither in civil nor in criminal court
18. Section 14 of CPC enacts that the Court shall presume, upon the production of a certified copy of a foreign judgment, that such judgment was pronounced by a Court of competent jurisdiction. This presumption is
b) irrebuttable presumption of fact
c) rebuttable presumption of law
d) irrebuttable presumption of law
19. Under Section 15 of the Code of Civil Procedure, every suit shall be instituted in
b) the court of lower grade
c) the court of higher grade
d) all of the above
20. Suit relating to immovable property can be filed under Section 16 of Civil Procedure Code in such a court within whose local jurisdiction:
b) the defendant carries on business
c) the property is situated
d) the plaintiff resides or carries on business
21. Where the local limits of jurisdiction of Courts are uncertain, the place of institution of suit shall be decided according to the provisions of
b) Section 17 of CPC
c) Section 18 of CPC
d) Section 19 of CPC
22. Objection as to place of suing shall be allowed in the court of first instance is the essence of:
b) Section 20 of CPC
c) Section 22 of CPC
d) Section 21 of CPC
23. The court may compel the attendance of any person to whom a summons has been issued under Section 32 CPC and for the purpose may impose a fine upon him not exceeding:
b) Rs. 1000
c) Rs. 3000
d) Rs. 5000
24. A decree may be executed by:
b) Commissioner
c) Court which has passed the decree
d) Either by the Court which has passed the decree or to which the decree is sent for execution
25. Which of the following court may issue precept?
b) Only High Court
c) The court in whose jurisdiction the property is situated.
d) The court passing the decree
26. During proceeding for execution of a decree, if a question arises as to whether any person is or is not the representative of a party, such question shall be determined by
b) the court executing the decree
c) the Appellate Court
d) a separate suit
27. In which of the following ways can the Court not order execution of a decree as per Section 51 of the Code?
b) By attachment and sale of property
c) By serving summons on the party
d) By appointing a receiver
28. Which section of Civil Procedure Code prohibits arrest or detention of women in the execution of decree for money?
b) Section 56
c) Section 59
d) Section 60
29. According to Section 58 of Code of Civil Procedure no detention in civil imprisonment can be ordered if the decree is for a payment of amount:
b) Not exceeding Rs. 1000
c) Not exceeding Rs. 1500
d) Not exceeding Rs. 2000
30. Under Civil Procedure Code, 1908, which one of the properties cannot be attached in execution of a decree?
b) Land
c) Bank Notes
d) Cheques
31. In execution of a decree for the maintenance, salary of a person can be attached to the extent of
b) one-third
c) two-third
d) one-half
32. Where decree is for the partition of an undivided estate assessed to the payment of revenue to the government, the partition of the estate, in accordance with the law for the time being in force, shall be made by-
b) The Nazir
c) The Collector
d) The Commissioner appointed by the court
33. A civil court cannot issue commission in the following case-
b) for examining accounts
c) to execute partition
d) to execute a decree
34. For instituting a suit against the Government or against a Public Officer in official capacity, the notice period under Section 80 of CPC is
b) 2 months
c) 1 month
d) 15 days
35. In a suit, which relates to a railway, the authority to be named as plaintiff or defendant shall be:
b) A Secretary to the Central Government
c) The Collector of the district
d) The Union of India
36. 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 CPC, execution shall not be issued on any such decree unless the decree remains unsatisfied for a period of:
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
37. The provision regarding inter-pleader suit has been incorporated in Section:
b) 88
c) 89
d) 90
38. Provision for settlement of dispute outside court has been provided under Section ____ of Civil Procedure Code.
b) 89
c) 51
d) 151
39. The Supreme Court of India has laid down the law relating to Alternative Dispute Resolution processes and Section 89 of the Code of Civil Procedure in the case of:
b) Afcon Infrastructure Ltd. vs. Cherian Varkey Construction Co.
c) Bimlesh vs. New Delhi Assurance Co.
d) Standard Chartered Bank vs. V. Noble Kumar
40. Suits for declaration and injunction in respect of public nuisances under Section 91 of CPC can be instituted by
b) an individual with the leave of the Court
c) two or more persons without the leave of the Court
d) two or more persons with the leave of the Court
41. Which provision of the Code of Civil Procedure 1908 deals with appeal from original decree?
b) Section 96
c) Section 82
d) Section 98
42. Essential condition provided under section 100(1) of CPC for preferring second appeal is
b) Substantial question of fact
c) Error regarding jurisdiction
d) Subject matter of public importance
43. Under the provisions of Code of Civil Procedure, no second appeal lies in a suit for recovery of money not exceeding
b) Rs. 50,000
c) Rs. 1,00,000
d) Rs. 2,00,000
44. Which of the following is not correct regarding powers of appellate court?
b) Have power to take additional evidence
c) Not have power to take additional evidence
d) Have power to frame issue and refer them for trial
45. An application for review of an order or a decree can be made
b) by an advocate for a party
c) by a Sessions Judge
d) to the Court that made the order or passed the decree
46. Under Section 115 of CPC, the High Court has the power of:
b) Review
c) Reference
d) Vary or reverse any order whatsoever
47. Which one of the following sections of the Code of Civil Procedure, 1908 embraces the principle of restitutions?
b) Section 144
c) Section 148A
d) Section 151
48. Right to lodge a 'caveat' has been provided under:
b) Section 148A of CPC
c) Section 148B of CPC
d) Section 147 of CPC
49. The duration of existence of a Caveat filed under Code of Civil Procedure 1908 is:
b) 30 days from the date on which it was lodged
c) 120 days from the date when it was lodged
d) 90 days from the date when it was lodged
50. Inherent powers may be used by the Court for
b) to prevent abuse of the process of the court
c) both (a) and (b) above
d) None of the above
51. Under section 148 of CPC, the Court can enlarge the time not exceeding in total-
b) 60 days
c) 45 days
d) 30 days
52. Which provision of the Code of Civil Procedure provides that one person may sue or defend on behalf of all in same interest?
b) Order 1, Rule 2
c) Order 1, Rule 8
d) Order 1, Rule 9
53. A suit may be defeated due to:
b) Mis-joinder of a necessary party
c) Non joinder of a necessary party
d) Mis-joinder of a proper party
54. Which provisions of the Code deals with joinder of causes of action:
b) Order 2 Rule 2
c) Order 2 Rule 1
d) Order 1 Rule 2
55. Multifariousness means
b) Mis-joinder of parties
c) Non-joinder of parties
d) Mis-joinder of causes of action as well as parties
56. Dasti summons for service on the defendant can be given to the plaintiff under:
b) Order V Rule 9, CPC
c) Order V Rule 7, CPC
d) Order VI Rule 6, CPC
57. Pleadings should state:
b) The law
c) The evidence
d) Any facts
58. Which one of the following is not a rule of pleading?
b) State the law and plead the facts
c) Plead material facts only
d) Plead facts not evidence
59. 'Pleading' can be altered or amended
b) under Order VI, Rule 10 of CPC
c) under Order VI, Rule 16 of CPC
d) under Order VI, Rule 17 of CPC
60. If a party who has obtained an order to amend the pleadings under CPC, if not amended, after expiration of how many days shall not be permitted to amend the same without the leave of the court?
b) 90 days
c) 14 days
d) 30 days
61. In case the suit has been instituted in a court having no jurisdiction, territorial or pecuniary, the plaint is liable to be
b) rejected
c) either (a) or (b)
d) none of the above
62. A plaint can be rejected
b) under Order VII, Rule 10A of CPC
c) under Order VII, Rule 11 of CPC
d) all of the above
63. The Court can reject the plaint under Order VII, Rule 11(e) of CPC, if it is not filed in
b) duplicate
c) quadruplicate
d) only (c) and not (a) or (b)
64. Under which provision of CPC a plaint is rejected by the Courts in the absence of cause of action
b) Order 7 Rule 11(b)
c) Order 7 Rule 11(d)
d) Order 7 Rule 11(c)
65. What duration formally under Civil Procedure Code, 1908 has been assigned to submit the written statement after the date of service of summons?
b) 45 days
c) 60 days
d) None of the above
66. Provisions relating to set off and counter claims under Civil Procedure Code, 1908 are contained in
b) Order VII
c) Order VIII
d) Order IX
67. Where a suit is dismissed under Rule 2 or Rule 3 of Order IX of Civil Procedure Code:
b) only remedy with the plaintiff is to seek setting aside of such order
c) the only remedy is to bring fresh suit
d) plaintiff may (subject to law of limitation) bring a fresh suit or he may apply for an order to set the dismissal aside
68. An application under Order IX, Rule 7 of CPC can be made
b) within 30 days of the order
c) at any time on or before the next date of hearing
d) any time during the pendency of the suit
69. After dismissal of suit under Order 9, Rule 8 of CPC, a fresh suit on the same cause of action, under Order 9 Rule 9 of CPC
b) Is not barred under any circumstances
c) Is not barred subject to law of limitation
d) None of the above
70. In the Code of Civil Procedure, an ex parte decree can be set aside:
b) Under Order IX Rule 10
c) Under Order IX Rule 13
d) Under Order IX Rule 11
71. Where the appellant has withdrawn the appeal preferred against a decree passed ex parte, the application under Order 9 Rule 13 of CPC, shall be
b) Returned
c) Maintainable
d) Referred for opinion to the Appellate Court
72. A party under CPC may object to answer in interrogatory if it is:
b) Mala fide and immaterial
c) Privileged
d) All of these
73. Judgment on admission can be given
b) under Order XII, Rule 4 of CPC
c) under Order XII, Rule 6 of CPC
d) under Order XII, Rule 8 of CPC
74. Which Order of Civil Procedure Code deals with production, impounding and return of documents?
b) Order 5
c) Order 17
d) Order 24
75. "Framing of issues" is provided by which Rule of CPC?
b) Order XIV Rule 1
c) Order XVI Rule 1
d) Order XIII Rule 1
76. Which Order of Civil Procedure Code deals with summons and attendance of witness?
b) Order 10
c) Order 16
d) Order 21
77. The list of witnesses, after settlement of issues, must be filed within:
b) thirty days
c) forty five days
d) sixty days
78. Under proviso to sub-rule (1) of Order 17 of Code of Civil Procedure, the maximum adjournments can be granted, are
b) four
c) three
d) two
79. The Commissioner as appointed under the provisions of Order XVIII of the Code of Civil Procedure for the purposes of recording of evidence cannot:
b) Decide objections raised during the recording of evidence
c) Neither of the above
d) Both (a) and (b)
80. Which one of the following provisions of Civil Procedure Code, 1908 is related to affidavit
b) Order 19
c) Order 26(d)
d) Order 39
81. Judgment and decree have been dealt in which of the following order in CPC?
b) Under Order XIX
c) Under Order XXA
d) Under Order XXI
82. After the passing of a decree for payment of money, on the application of the Judgment debtor, Court shall not order that payment of the amount of decree shall be made by installments-
b) Without obtaining affidavits from both parties
c) Without obtaining the documents regarding the financial condition of the Judgment-debtor
d) Without the consent of decree-holder
83. Under which provision of CPC, execution of decree for specific performance or restitution of conjugal rights or for an injunction is provided:
b) Order XXI Rule 31
c) Order XXI Rule 32
d) Order XXI Rule 34
84. A decree for restitution of conjugal rights can be executed under Order 21 CPC by
b) either by detention in civil prison or attachment of property
c) detention in civil prison and attachment of property
d) attachment of property
85. A garnishee order is an order:
b) Directing the decree holder to take the payment from the judgment debtor's debtor
c) Both (a) and (b) above
d) None of the above
86. Where the plaintiff dies after hearing and before pronouncement of judgment, the suit
b) shall abate
c) shall abate if the right to sue not survive
d) none of the above
87. On abatement of suit, under Order 22, Rule 9 of CPC:
b) a fresh suit on the same cause of action can be brought only with the permission of the Court
c) a fresh suit on the same cause of action is barred
d) none of the above
88. Order XXIII of the Code of Civil Procedure applies to the following:
b) Appeals
c) Execution proceedings
d) All the above
89. After withdrawal of the suit, the plaintiff
b) Can institute a fresh suit in respect of the same subject matter only with the leave of the Court
c) Can institute a fresh suit in respect of the same subject matter only with the leave of the High Court
d) Cannot institute a fresh suit in respect of the same subject matter, unless liberty is given at the time of withdrawal of the suit
90. Parties to the suit can compromise in a suit
b) under Order XXIII, Rule 3 of CPC
c) under Order XXIII, Rule 1of CPC
d) under Order XXIII, Rule 4 of CPC
Answers
| Question No. | Answer | Question No. | Answer |
|---|---|---|---|
| 1 | d | 51 | d |
| 2 | d | 52 | c |
| 3 | d | 53 | c |
| 4 | a | 54 | a |
| 5 | d | 55 | d |
| 6 | c | 56 | a |
| 7 | b | 57 | a |
| 8 | b | 58 | b |
| 9 | d | 59 | d |
| 10 | d | 60 | c |
| 11 | d | 61 | a |
| 12 | b | 62 | c |
| 13 | c | 63 | b |
| 14 | d | 64 | a |
| 15 | d | 65 | a |
| 16 | c | 66 | c |
| 17 | a | 67 | d |
| 18 | c | 68 | c |
| 19 | b | 69 | a |
| 20 | c | 70 | c |
| 21 | c | 71 | c |
| 22 | d | 72 | d |
| 23 | d | 73 | c |
| 24 | d | 74 | a |
| 25 | d | 75 | b |
| 26 | b | 76 | c |
| 27 | c | 77 | a |
| 28 | b | 78 | c |
| 29 | d | 79 | b |
| 30 | a | 80 | b |
| 31 | c | 81 | a |
| 32 | c | 82 | d |
| 33 | d | 83 | c |
| 34 | b | 84 | d |
| 35 | a | 85 | c |
| 36 | a | 86 | a |
| 37 | b | 87 | c |
| 38 | b | 88 | a |
| 39 | b | 89 | d |
| 40 | d | 90 | b |
| 41 | b | 91 | c |
| 42 | a | 92 | c |
| 43 | a | 93 | d |
| 44 | c | 94 | a |
| 45 | d | 95 | d |
| 46 | a | 96 | b |
| 47 | b | 97 | d |
| 48 | b | 98 | b |
| 49 | d | 99 | b |
| 50 | c | 100 | b |
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