Q1 Code of Civil Procedure, 1908 In a money decree, the decree-holder seeks to attach a debt due to the judgment-debtor from a third person. The third person from whom the debt is recovered through such garnishee proceedings is dealt with under:
A Order XXI, Rules 46 to 46-I C.P.C. B Order XXII, Rule 4 C.P.C. C Order XXXIX, Rule 1 C.P.C. D Order XXXVIII, Rule 5 C.P.C.
Q2 Code of Civil Procedure, 1908 A representative suit on behalf of, or against, numerous persons having the same interest in one suit may be instituted, with the permission of the Court, under:
A Order XXIII, Rule 3 C.P.C. B Order I, Rule 10 C.P.C. C Order II, Rule 2 C.P.C. D Order I, Rule 8 C.P.C.
Q3 Code of Civil Procedure, 1908 Where, after the institution of a suit, a party to it dies and the right to sue survives, the proper course under Order XXII C.P.C. is that:
A the suit must be withdrawn and re-filed afresh B the suit continues and the legal representatives of the deceased may be brought on record C the suit abates automatically and irrevocably D the Court must refer the matter to arbitration
Q4 Code of Civil Procedure, 1908 A defendant contends that the subject-matter of the present suit was directly and substantially in issue in a former suit between the same parties and finally decided by a competent Court. This plea, if made out, bars the present suit under the principle of:
A res judicata under Section 11 C.P.C. B estoppel under Section 115 of the Evidence Act C res sub judice under Section 10 C.P.C. D constructive res judicata under Order II, Rule 2 C.P.C.
Q5 Code of Civil Procedure, 1908 The settlement of disputes outside the court, by reference to arbitration, conciliation, judicial settlement (including Lok Adalat) or mediation, where the Court formulates the terms of a possible settlement, is provided for in:
A Section 80 C.P.C. B Section 89 C.P.C. C Section 151 C.P.C. D Section 9 C.P.C.
Q6 Code of Civil Procedure, 1908 A 'decree' as defined in Section 2(2) of the C.P.C. is the formal expression of an adjudication which conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit. Which of the following is NOT a decree?
A the determination of a question within Section 144 (restitution) B a rejection of a plaint under Order VII, Rule 11 C an adjudication finally deciding the rights of the parties on the merits D an order dismissing a suit for default of appearance under Order IX, Rule 8
Q7 Code of Civil Procedure, 1908 An attachment before judgment is effected in a suit which is thereafter dismissed for default and subsequently restored. With respect to the attachment, the correct position under the C.P.C. is that:
A restoration of the suit has no bearing on the attachment in any manner B the attachment, once it ceases on dismissal, does not revive automatically and a fresh order is required C the attachment continues uninterrupted irrespective of dismissal D the attachment revives automatically on restoration of the suit
Q8 Code of Civil Procedure, 1908 Under Section 9 of the Code of Civil Procedure, 1908, the Courts shall have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is:
A Either expressly or impliedly barred B Impliedly barred only C Expressly barred only D Barred by any High Court rule
Q9 Code of Civil Procedure, 1908 Explanation IV to Section 11 of the Code of Civil Procedure, 1908, which embodies the doctrine of constructive res judicata, provides that any matter which might and ought to have been made a ground of defence or attack in a former suit:
A May be raised afresh in a subsequent suit B Can only be raised with the leave of the appellate court C Shall be deemed to have been a matter directly and substantially in issue in such suit D Operates as res judicata only in execution proceedings
Q10 Code of Civil Procedure, 1908 A plaintiff omits, without the leave of the court, to sue for a portion of his claim arising from one cause of action. Under Order II Rule 2 of the Code of Civil Procedure, 1908, with respect to the omitted portion he:
A Shall not afterwards sue for the portion so omitted B May afterwards sue for the portion so omitted C May sue only if the omitted portion exceeds the pecuniary jurisdiction of the first court D May sue only after obtaining leave of the appellate court
