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This section includes 158 Mcqs, each offering curated multiple-choice questions to sharpen your Bachelor of Science in Law (BSL) knowledge and support exam preparation. Choose a topic below to get started.
| 1. |
Remedy available against rejection of plaint is– |
| A. | plaintiff may prefer an appeal |
| B. | plaintiff may present a fresh plaint in respect of the same cause of action |
| C. | either (a) or (b) |
| D. | none of the above |
| Answer» D. none of the above | |
| 2. |
A claim by way of____ may be allowed even if it is time barred when there is afiduciary relationship between the parties– |
| A. | an equitable set-off |
| B. | a legal set off |
| C. | a counter claim |
| D. | all of the above |
| Answer» B. a legal set off | |
| 3. |
The doctrine which place emphasis on the plaintiff’s duty to exhaust all availablegrounds in support of his claim– |
| A. | estoppels |
| B. | res judicata |
| C. | principle underlying order 2 rule 2 (splitting of claim) |
| D. | none of the above |
| Answer» D. none of the above | |
| 4. |
Appellant Court shall not have power– |
| A. | to remand a case |
| B. | to determine a case finally |
| C. | to take additional evidence |
| D. | none of the above |
| Answer» E. | |
| 5. |
No order for detention of the judgment debtor in civil prison in execution of a decreefor the payment of money shall be made, where the total amount of the decree not exceed– |
| A. | one thousand |
| B. | two thousand |
| C. | five thousand |
| D. | ten thousand |
| Answer» C. five thousand | |
| 6. |
In which of the following cases, the Court may not issue a commission– |
| A. | to examine any person |
| B. | to make a partition |
| C. | to hold a scientific, technical or expert investigation |
| D. | for execution of a decree |
| Answer» E. | |
| 7. |
A decree is passed against the Union of India or a State, execution shall not be issued onany such decree unless it remains unsatisfied for the period of– |
| A. | two months |
| B. | three months |
| C. | one months |
| D. | six months |
| Answer» C. one months | |
| 8. |
Section which deals with the interpleader suit– |
| A. | 38 |
| B. | 79 |
| C. | 84 |
| D. | 88 |
| Answer» E. | |
| 9. |
Among the following which section deals with the proceeds of execution-sale to berateably distributed among decree-holders– |
| A. | section 60 |
| B. | section 67 |
| C. | section 73 |
| D. | section 75 |
| Answer» D. section 75 | |
| 10. |
Among the following in which section property liable to attachment and sale inexecution of decree is provided– |
| A. | section 60 |
| B. | section 62 |
| C. | section 63 |
| D. | section 65 |
| Answer» B. section 62 | |
| 11. |
Among the following properties, which shall not be liable for attachment under theCode– |
| A. | government securities |
| B. | bank notes |
| C. | a mere right to sue for damages |
| D. | all of the above |
| Answer» D. all of the above | |
| 12. |
A judgment debtor has been arrested, may not release among the following ground– |
| A. | suffering from any serious illness |
| B. | suffering from any infectious or contagious disease |
| C. | he is not in a fit state of health to be detained in the civil prison |
| D. | none of the above |
| Answer» E. | |
| 13. |
Which section of the Code prove enforcement of decree against legal representative– |
| A. | section 51 |
| B. | section 52 |
| C. | section 56 |
| D. | section 58 |
| Answer» C. section 56 | |
| 14. |
Application under Order 9 Rule 7 of the Code to set aside the order of ex-parteproceeding may be filed– |
| A. | at or before the date of fixed for hearing |
| B. | within 90 days |
| C. | within 45 days |
| D. | within 30 days |
| Answer» B. within 90 days | |
| 15. |
Under order 7 Rule 11 of the Code. The plaint shall not be rejected– |
| A. | where it is not filed in duplicate |
| B. | where the suit appears from the statement in the plaint to be barred by any law |
| C. | where the plaintiff fails to comply with the provision of rule 9 |
| D. | where it discloses cause of action |
| Answer» E. | |
| 16. |
At the first hearing of the suit, the Court must– |
| A. | frame and record the issues |
| B. | ascertain upon what material propositions of fact or of law the parties are at variance |
| C. | record the evidence |
| D. | none of the above |
| Answer» C. record the evidence | |
| 17. |
Section 34 of the Code does not deal with– |
| A. | interest from the date of decree |
| B. | interest prior to suit |
| C. | interest pendent lite |
| D. | none of the above |
| Answer» C. interest pendent lite | |
| 18. |
Interrogatories shall be answered by affidavit to be filed within_____ after the serviceof it– |
| A. | 30 days |
| B. | 21 days |
| C. | 10 days |
| D. | 7 days |
| Answer» D. 7 days | |
| 19. |
The provisions relating to abatement do not apply to– |
| A. | appeals |
| B. | execution proceedings |
| C. | both (a) and (b) above |
| D. | none of the above |
| Answer» C. both (a) and (b) above | |
| 20. |
Which of the following operate as res judicata– |
| A. | a withdrawal of suit |
| B. | an exparte decree |
| C. | a compromise decree |
| D. | none of the above |
| Answer» C. a compromise decree | |
| 21. |
Among the following cases in which the test of res judicata between codefendants hasbeen laid down by the Supreme Court– |
| A. | sobhag singh v. jai singh |
| B. | jai narain v. kedar nath |
| C. | mahboob shab v. syed ismail |
| D. | sheodan singh v. daryao kanwar |
| Answer» D. sheodan singh v. daryao kanwar | |
| 22. |
Which of the following does not deals with final determination of contested questionsand have the binding effect in future litigation |
| A. | res subjudice |
| B. | res judicata |
| C. | stare decisis |
| D. | both (a) and (b) |
| Answer» B. res judicata | |
| 23. |
Where the relief claimed by the plaintiff is undervalued and the valuation is not correctedwithin the time fixed or extended by the Court– |
| A. | the plaint may be rejected |
| B. | the plaint will be rejected |
| C. | the plaint will be returned |
| D. | either (a) or (c) |
| Answer» C. the plaint will be returned | |
| 24. |
The defendant against whom an exparte decree has been passed can prefer an appealunder |
| A. | order 9 rule 13 |
| B. | order 47 rule 1 |
| C. | section 96(2) |
| D. | none of the above |
| Answer» D. none of the above | |
| 25. |
An order allowing or disallowing an application for amendment is– |
| A. | appealable |
| B. | a decree |
| C. | an appealable order |
| D. | none of the above |
| Answer» E. | |
| 26. |
Agreement between the parties to institute the suit relating to disputes in a particularCourt– |
| A. | does not oust the jurisdiction of other courts |
| B. | may operate-as estoppels between the parties |
| C. | both (a) and (b) above |
| D. | none of the above |
| Answer» D. none of the above | |
| 27. |
The Doctrine of res judicata applies to– |
| A. | changing circumstances |
| B. | static situations |
| C. | both (a) and (b) above |
| D. | none of the above |
| Answer» C. both (a) and (b) above | |
| 28. |
Which of the following must be stated in the pleadings– |
| A. | facta probanda |
| B. | facta probantia |
| C. | both (a) and (b) above |
| D. | neither (a) nor (b) |
| Answer» B. facta probantia | |
| 29. |
A decree for execution cannot be sent to a– |
| A. | foreign court |
| B. | court outside india established by the authority of central government |
| C. | both (a) and (b) above |
| D. | neither (a) nor (b) |
| Answer» B. court outside india established by the authority of central government | |
| 30. |
Objection as to place of suing shall be allowed in the Court of first instance is theessence of– |
| A. | section 22 |
| B. | section 21a |
| C. | section 21 |
| D. | section 20 |
| Answer» D. section 20 | |
| 31. |
A person may sue a foreign State– |
| A. | only with the consent of the central government |
| B. | with the consent of the president of india |
| C. | with the consent of the state government |
| D. | both (a) and (c) above |
| Answer» B. with the consent of the president of india | |
| 32. |
A residing in Dehradun, beats B in Delhi. B may sue A under the Code– |
| A. | delhi |
| B. | dehradun |
| C. | either (a) or (b) |
| D. | only (a) not (b) |
| Answer» D. only (a) not (b) | |
| 33. |
Inherent powers of the Court can be exercised under the Code– |
| A. | to help the plaintiff |
| B. | to help the defendant |
| C. | for the ends of justice or to prevent abuse of the process of the court |
| D. | to grant interim relief |
| Answer» D. to grant interim relief | |
| 34. |
Under the Code the provision of notice before instituting a suit against the Governmentis given in– |
| A. | section 82 |
| B. | section 80 |
| C. | section 79 |
| D. | section 78 |
| Answer» C. section 79 | |
| 35. |
Among the following who cannot be arrested during execution of money decree– |
| A. | women |
| B. | any person |
| C. | partner |
| D. | none of the above |
| Answer» B. any person | |
| 36. |
Which of the following sections of the Code is intended to prevent two parallelproceedings in respect of same cause of action– |
| A. | section 13 |
| B. | section 11 |
| C. | section 10 |
| D. | section 9 |
| Answer» D. section 9 | |
| 37. |
Provision regarding Res subjudice are– |
| A. | mandatory |
| B. | discretionary |
| C. | not mandatory |
| D. | directory |
| Answer» B. discretionary | |
| 38. |
A written statement– |
| A. | may contain new facts in favour of defendant |
| B. | may contain legal objections to the claim of the plaintiff |
| C. | must be confined to the reply of the plaint |
| D. | both (a) and (b) above |
| Answer» E. | |
| 39. |
The jurisdiction of the Civil Court is based on– |
| A. | pecuniary jurisdiction |
| B. | territorial jurisdiction |
| C. | subject matter jurisdiction |
| D. | all of the above |
| Answer» E. | |
| 40. |
The official request that a Court should not take a particular action without issuingnotice to the applicant party is called– |
| A. | stay of suit |
| B. | injunction |
| C. | caveat |
| D. | letter of request |
| Answer» D. letter of request | |
| 41. |
The interest on mesne profit shall not exceed______ per annum– |
| A. | 10% |
| B. | 6% |
| C. | 4% |
| D. | 1% |
| Answer» C. 4% | |
| 42. |
A judgment contemplates a stage___ the passing of a decree– |
| A. | simultaneous |
| B. | prior to |
| C. | after |
| D. | any of the above |
| Answer» C. after | |
| 43. |
Mesne profit_______ include profits due to improvements made by the person iswrongful possession of property______ |
| A. | shall not |
| B. | shall |
| C. | may |
| D. | may not |
| Answer» B. shall | |
| 44. |
Which of the following sections of the Code defines “suit”_____ |
| A. | section 2 |
| B. | section 9 |
| C. | section 2(9) |
| D. | not defined |
| Answer» E. | |
| 45. |
The words ‘rights’ in the definition of decree as given under Section 2(2) of the Code,means– |
| A. | substantive rights |
| B. | procedural rights |
| C. | both (a) and (b) |
| D. | none of the above |
| Answer» B. procedural rights | |
| 46. |
The Code of Civil Procedure (Amendment) Act, 1999 as well as the Amendment Act,2002 were held constitutionally valid in the case of– |
| A. | state of punjab v. sivaram |
| B. | state of u.p. v. chandra bhushan |
| C. | anil rai v. state of bihar |
| D. | salem advocate bar association v. uoi |
| Answer» E. | |
| 47. |
Suits for the recovery of movable property actually under distraint or attachment shallbe instituted in the Court within the local limit of whose jurisdiction the– |
| A. | defendant is resides |
| B. | the plaintiff is resides |
| C. | property is situate |
| D. | any of the above |
| Answer» D. any of the above | |
| 48. |
According to section 21 of the Code, objection at jurisdiction of Court can be raised on– |
| A. | trial |
| B. | appeal |
| C. | revision |
| D. | either (a) or (b) or (c) |
| Answer» B. appeal | |
| 49. |
A foreign judgment not pronounced by Court of competent jurisdiction will– |
| A. | be not conclusive |
| B. | be conclusive |
| C. | based upon fraud |
| D. | none of the above |
| Answer» B. be conclusive | |
| 50. |
Among the following which section put a bar to further suit– |
| A. | section 9 |
| B. | section 12 |
| C. | section 15 |
| D. | section 16 |
| Answer» C. section 15 | |