Q1 Code of Civil Procedure, 1908 Explanation IV to Section 11 of the Code of Civil Procedure embodies the principle of constructive res judicata, under which:
A Only matters actually decided in the former suit operate as res judicata B Res judicata applies only between parties litigating under the same title C A consent decree can never operate as res judicata D A matter which might and ought to have been made a ground of attack or defence in the former suit is deemed to have been a matter directly and substantially in issue therein
Q2 Code of Civil Procedure, 1908 Under Order XXXIX Rule 2A of the Code of Civil Procedure, in case of disobedience or breach of an injunction granted by the Court, the Court may order the detention of the person guilty of such disobedience in civil prison for a term not exceeding:
A One month B Six months C One year D Three months
Q3 Code of Civil Procedure, 1908 A caveat lodged under Section 148A of the Code of Civil Procedure shall, unless an application as contemplated in sub-section (1) is made before the expiry of that period, remain in force for:
A Sixty days from the date on which it was lodged B Ninety days from the date on which it was lodged C Thirty days from the date on which it was lodged D Until the disposal of the suit
Q4 Code of Civil Procedure, 1908 The distinction between Section 24 and Section 25 of the Code of Civil Procedure regarding transfer of suits is that:
A Section 25 empowers the Supreme Court to transfer a suit, appeal or other proceeding from a Court in one State to a Court in another State, while Section 24 deals with transfer by the High Court or District Court B Section 24 confers power on the Supreme Court while Section 25 confers power on the High Court C Both sections confer power exclusively on the District Court D Section 25 applies only to criminal proceedings
Q5 Code of Civil Procedure, 1908 Under Section 16 of the Code of Civil Procedure, a suit for the recovery of immovable property, or for the determination of any right to or interest in immovable property, shall, subject to the pecuniary or other limitations, be instituted in the Court within the local limits of whose jurisdiction:
A The plaintiff resides B The cause of action wholly or in part arises, at the plaintiff's option C The defendant resides or carries on business D The property is situate
Q6 Code of Civil Procedure, 1908 The doctrine underlying Order II Rule 2 of the Code of Civil Procedure, which requires a plaintiff to include the whole of the claim arising from the cause of action, is directed against:
A The filing of an appeal without first obtaining a certificate of fitness B The splitting up of claims and remedies arising from one cause of action C The joinder of more than one defendant in a single suit D The institution of a suit in a Court of wrong pecuniary jurisdiction
Q7 Code of Civil Procedure, 1908 All questions arising between the parties to the suit in which the decree was passed, or their representatives, and relating to the execution, discharge or satisfaction of the decree, are to be determined by:
A A fresh suit instituted for that purpose B The High Court in its revisional jurisdiction only C The Court executing the decree, and not by a separate suit D An arbitrator appointed under Section 89
Q8 Code of Civil Procedure, 1908 Where a defendant against whom an ex parte decree has been passed satisfies the Court that he was prevented by sufficient cause from appearing when the suit was called on for hearing, his appropriate remedy to have the ex parte decree set aside is:
A An appeal under Section 96 only B An application under Order IX Rule 13 C A review under Order XLVII Rule 1 only D A revision under Section 115 only
Q9 Code of Civil Procedure, 1908 Under the proviso to Section 60(1) of the Code of Civil Procedure, which of the following is exempt from attachment and sale in execution of a decree?
A Tools of artisans and, where the judgment-debtor is an agriculturist, his implements of husbandry and such cattle and seed-grain as may be necessary to enable him to earn his livelihood B A house belonging to a trader and used for his business C Shares held by the judgment-debtor in a corporation D Government securities standing in the name of the judgment-debtor
Q10 Code of Civil Procedure, 1908 The revisional power of the High Court under Section 115 of the Code of Civil Procedure may be exercised in respect of a case decided by a subordinate Court where such Court appears to have:
A Decided the suit against the weight of evidence on record B Erred merely on a question of fact within its jurisdiction C Exercised a jurisdiction not vested in it by law, or failed to exercise a jurisdiction so vested, or acted in the exercise of its jurisdiction illegally or with material irregularity D Passed a decree from which a first appeal lies
