Question 1

Which of the following deals with resistance to execution in the Code of Civil Procedure?
A)Section 63
B)Section 72
C)Section 59
D)Section 74

Accepted Answer

Section 74 of the Code of Civil Procedure deals with resistance to execution.

Question 2

No further appeal in certain cases under which of the following in the Code of Civil Procedure?
A)Section 100A
B)Section 103B
C)Section 108C
D)Section 102A

Accepted Answer

Section 100A of the Code of Civil Procedure specifies that no further appeal shall lie against any decision on an appeal, effectively limiting the appellate process in certain cases. This provision was introduced to streamline the legal process and reduce the burden on higher courts.

Question 3

Which of the following deals with powers of other High Court to make rules as to matters other than procedure in the Code of Civil Procedure?
A)Section 130
B)Section 103
C)Section 124
D)Section 129

Accepted Answer

A

Question 4

Which of the following sections of the Code of Civil Procedure has been repealed by s. 3 and Schedule II of the Second Repealing and Amending Act, 1914 (17 of 1914)?
A)Section 145
B)Section 143
C)Section 154
D)Section 156

Accepted Answer

The answer of Which of the following sections of the...

Question 5

No party to be ordered to appear in persons unless resident under which of the following in the Code of Civil Procedure?
A)Order 7, Rule 3
B)Order 2, Rule 2
C)Order 5, Rule 4
D)Order 4, Rule 8

Accepted Answer

Order 5, Rule 4 of the Code of Civil Procedure specifies the conditions under which a party can be ordered to appear in person, including considerations of residence.

Question 6

Defendant?s interest and liability to be shown under which of the following in the Code of Civil Procedure?
A)Order 7, Rule 5
B)Order 9, Rule 12
C)Order 6, Rule 10
D)Order 10, Rule 22

Accepted Answer

Order 7, Rule 5 of the Code of Civil Procedure specifies that the plaint shall show the defendant's interest and liability. This rule is part of the provisions that detail what a plaint should contain to ensure that the defendant's role and obligations in the case are clearly outlined.

Question 7

Which of the following deals with the dismissal of suit where summons not served in consequence of plaintiff?s failure to pay costs in the Code of Civil Procedure?
A)Order 5, Rule 30
B)Order 4, Rule 13
C)Order 6, Rule 10
D)Order 9, Rule 2

Accepted Answer

Order 9, Rule 2 of the Code of Civil Procedure deals with the dismissal of a suit where summons have not been served as a consequence of the plaintiff's failure to pay the requisite court fee or costs for the service of summons.

Question 8

Which of the following deals with premature discovery in the Code of Civil Procedure?
A)Order 16, Rule 2
B)Order 4, Rule 13
C)Order 11, Rule 20
D)Order 13, Rule 22

Accepted Answer

Order 11, Rule 20 of the Code of Civil Procedure deals with premature discovery. This provision allows a court to order a party to produce documents that are in their possession or power, which are deemed relevant to the issues of the case, even before the trial begins. This is aimed at ensuring that all relevant evidence is available to both parties, promoting fairness and efficiency in the legal process.

Question 9

Which of the following deals with matters to which affidavits shall he confined in the Code of Civil Procedure?
A)Order 19, Rule 3
B)Order 14, Rule 20
C)Order 13, Rule 21
D)Order 11, Rule 7

Accepted Answer

Order 19, Rule 3 of the Code of Civil Procedure deals with the matters to which affidavits shall be confined.

Question 10

Which of the following deals with security and deposit required on grant of certificate in the Code of Civil Procedure?
A)Order 25, Rule 5
B)Order 31, Rule 9
C)Order 45, Rule 7
D)Order 9, Rule 10

Accepted Answer

Order 45, Rule 7 of the Code of Civil Procedure deals with the security and deposit required on the grant of a certificate for appealing to a higher court, specifically in the context of appeals to the Supreme Court.

Question 11

In which of the following way notwithstanding that the former suit was disposed of, a matter will be said to have been „heard and finally decided??I. Ex parteII. By dismissal under O. 17 r 3, but not when the dismissal is under O. 16 r 1 for the failure to pay adjournment costIII. By a decree on an awardIV. By oath tendered under s. 8 of the Indian Oaths Act, 1873V. By dismissal owing to plaintiff's failure to adduce evidence at the hearing
A)I, III
B)II, IV, V
C)III, IV, V
D)All of these

Accepted Answer

In legal terms, a matter is considered "heard and finally decided" in various circumstances, including when a case is disposed of ex parte (without the presence of one party), when a case is dismissed under specific conditions such as under Order 17 Rule 3 for failure to follow court orders (but not for failure to pay adjournment costs under Order 16 Rule 1), when a decree is passed based on an arbitration award, when a decision is made based on an oath tendered under Section 8 of the Indian Oaths Act, 1873, and when a case is dismissed due to the plaintiff's failure to present evidence. These scenarios ensure that a matter is considered to have been conclusively dealt with, preventing it from being re-litigated on the same grounds.

Question 12

Which of the following deals with reference to High Court in the Code of Civil Procedure?
A)Section 111
B)Section 103
C)Section 108
D)Section 113

Accepted Answer

Section 113 of the Code of Civil Procedure deals with the reference to the High Court. It allows a subordinate court to refer a question of law to the High Court for its opinion.

Question 13

Which of the following states that orders and notices to be in writing in the Code of Civil Procedure?
A)Section 140
B)Section 142
C)Section 132
D)Section 100

Accepted Answer

Section 142 of the Code of Civil Procedure states that orders and notices must be in writing.

Question 14

Which of the following deals with appearance of one of several plaintiffs or defendants for others in the Code of Civil Procedure?
A)Order 7, Rule 6
B)Order 1, Rule 12
C)Order 13, Rule 5
D)Order 4, Rule 8

Accepted Answer

Order 1, Rule 12 of the Code of Civil Procedure deals with the appearance of one of several plaintiffs or defendants for others. This provision allows for a representative to appear on behalf of multiple plaintiffs or defendants in a case, streamlining the legal process and making it more efficient.

Question 15

Which of the following deals with substituted service in the Code of Civil Procedure?
A)Order 5, Rule 20
B)Order 9, Rule 12
C)Order 6, Rule 10
D)Order 10, Rule 8

Accepted Answer

Order 5, Rule 20 of the Code of Civil Procedure deals with substituted service, allowing the court to order service by an alternative method when it is impracticable to serve the defendant in the usual manner.

Question 16

Which of the following deals with the duty of defendant to produce documents upon which relief is claimed or relied upon by him in the Code of Civil Procedure?
A)Order 5, Rule 1
B)Order 4, Rule 13
C)Order 8, Rule 1A
D)Order 10, Rule 22

Accepted Answer

Order 8, Rule 1A of the Code of Civil Procedure deals with the duty of the defendant to produce documents upon which relief is claimed or relied upon by him. This provision ensures that all relevant documents are disclosed and shared between the parties to facilitate a fair trial.

Question 17

Ascertainment whether allegations in pleadings are admitted or denied is dealt under which of the following in the Code of Civil Procedure?
A)Order 10, Rule 1
B)Order 4, Rule 13
C)Order 6, Rule 10
D)Order 11, Rule 22

Accepted Answer

Order 10, Rule 1 of the Code of Civil Procedure deals with the ascertainment of whether allegations in pleadings are admitted or denied by the parties involved.

Question 18

Which of the following deals with the effect of non- production of documents in the Code of Civil Procedure?
A)Order 16, Rule 2
B)Order 13, Rule 2
C)Order 6, Rule 10
D)Order 16, Rule 22

Accepted Answer

Order 13, Rule 2 of the Code of Civil Procedure deals with the effect of non-production of documents. It specifies the consequences for a party that fails to produce documents in their possession or power which ought to have been produced at the time of framing issues.

Question 19

Which of the following deals with the power to require personal attendance of officer of corporation in the Code of Civil Procedure?
A)Order 12, Rule 1
B)Order 10, Rule 9
C)Order 29, Rule 3
D)Order 17, Rule

Accepted Answer

Order 29, Rule 3 of the Code of Civil Procedure deals with the power to require the personal attendance of an officer of a corporation. This provision allows the court to order an officer of a corporation to appear in person if it deems necessary for the proper adjudication of the case.

Question 20

A, claiming to be the chela and heir of a deceased mohunt sues B for rent of certain lands forming part of the estate of the mohunt. C claims that he, and not A, is the chela and heir of the deceased and that he is entitled to the rent. C is thereupon jointed as a defendant to the suit. The issues raised are: Whether A or C is the chela and heir of the mohunt? Whether any and if so what rent is due from B? The Court finds that A is the chela and heir of the mohunt. It also finds Rs. 2,500 due by B for rent, and A?s claim is decreed. Subsequently, C sues A for a declaration that he is the chela and heir of the mohunt and claims that as such he is entitled to the whole of the property left by the mohunt. A contends that the question, who is the chela and heir of the deceased, is res judicata.
A)Both the suits was for rent it will be decided against C
B)The former suit was for rent, the entire question of the title to the property of the deceased was not directly and substantially in issue in that suit and it will be decided against C
C)The former suit was for rent, the entire question of the title to the property of the deceased was directly and substantially in issue in that suit and it will be decided against C
D)None of these decided against c

Accepted Answer

The former suit was for rent, the entire question of the title to the property of the deceased was directly and substantially in issue in that suit and it will be decided against C

Quiz 3: Civil Procedure Code (CPC): Part C

Which of the following deals with resistance to execution in the Code of Civil Procedure?

No further appeal in certain cases under which of the following in the Code of Civil Procedure?

Which of the following deals with powers of other High Court to make rules as to matters other than procedure in the Code of Civil Procedure?

Which of the following sections of the Code of Civil Procedure has been repealed by s. 3 and Schedule II of the Second Repealing and Amending Act, 1914 (17 of 1914) ?

No party to be ordered to appear in persons unless resident under which of the following in the Code of Civil Procedure?

Defendant?s interest and liability to be shown under which of the following in the Code of Civil Procedure?

Which of the following deals with the dismissal of suit where summons not served in consequence of plaintiff?s failure to pay costs in the Code of Civil Procedure?

Which of the following deals with premature discovery in the Code of Civil Procedure?

Which of the following deals with matters to which affidavits shall he confined in the Code of Civil Procedure?

Which of the following deals with security and deposit required on grant of certificate in the Code of Civil Procedure?

Which of the following deals with reference to High Court in the Code of Civil Procedure?

Which of the following states that orders and notices to be in writing in the Code of Civil Procedure?

Which of the following deals with appearance of one of several plaintiffs or defendants for others in the Code of Civil Procedure?

Which of the following deals with substituted service in the Code of Civil Procedure?

Which of the following deals with the duty of defendant to produce documents upon which relief is claimed or relied upon by him in the Code of Civil Procedure?

Ascertainment whether allegations in pleadings are admitted or denied is dealt under which of the following in the Code of Civil Procedure?

Which of the following deals with the effect of non- production of documents in the Code of Civil Procedure?

Which of the following deals with the power to require personal attendance of officer of corporation in the Code of Civil Procedure?