Q1 Code of Civil Procedure, 1908 Section 151 of the Code of Civil Procedure, 1908, relating to the inherent powers of the Court, provides that nothing in the Code shall be deemed to limit the power of the Court to make such orders as may be necessary:
A To grant a decree without recording evidence B For the ends of justice or to prevent the abuse of the process of the Court C To confer jurisdiction on itself where none exists D To override an express provision of the Code in a fit case
Q2 Code of Civil Procedure, 1908 Under Order XXII Rule 4 read with Article 120 of the Limitation Act, 1963, an application to bring on record the legal representatives of a deceased defendant must ordinarily be made within:
A One hundred and twenty days of the death B Thirty days of the death C Sixty days of the death D Ninety days of the death
Q3 Code of Civil Procedure, 1908 Under Order IX Rule 13 of the Code of Civil Procedure, 1908, an ex parte decree may be set aside if the defendant satisfies the Court that:
A The summons was not duly served, or that he was prevented by sufficient cause from appearing B He has since engaged a more competent advocate C The decree is erroneous on the merits of the claim D The plaintiff has not paid the requisite court fee
Q4 Code of Civil Procedure, 1908 The general rule under Order XLI Rule 27 of the Code of Civil Procedure, 1908 is that parties to an appeal shall not be entitled to produce additional evidence. Such evidence may, however, be admitted by the Appellate Court where:
A The opposite party has no objection, in every case B The Court whose decree is appealed from has refused to admit evidence which ought to have been admitted C The appeal has been pending for more than one year D The appellant merely wishes to strengthen a weak case on the merits
Q5 Code of Civil Procedure, 1908 Under Section 80 of the Code of Civil Procedure, 1908, no suit (save with leave for urgent relief) shall be instituted against the Government or a public officer in respect of an act purporting to be done in his official capacity until the expiration of a notice of:
A Three months B Two months C Six months D One month
Q6 Code of Civil Procedure, 1908 Under Section 148A of the Code of Civil Procedure, 1908, where a caveat has been lodged, it shall remain in force for a period of:
A Ninety days from the date on which it was lodged B Thirty days from the date on which it was lodged C One hundred and eighty days from the date on which it was lodged D Sixty days from the date on which it was lodged
Q7 Code of Civil Procedure, 1908 A defendant against whom a money decree has been passed by a Junior Civil Judge wishes to deposit, under Order XXI Rule 89, the amount required to have the sale of his immovable property set aside. Apart from the amount specified in the proclamation for the decree-holder, he must also deposit for payment to the auction-purchaser a sum equal to:
A two per cent of the purchase-money B ten per cent of the purchase-money C five per cent of the purchase-money D twenty-five per cent of the purchase-money
Q8 Code of Civil Procedure, 1908 Under Order XXI Rule 90 of the Code, a sale of immovable property held in execution can be set aside on the ground of material irregularity or fraud in publishing or conducting it only if the applicant proves, in addition to the irregularity or fraud, that:
A the judgment-debtor had no saleable interest in the property B he has sustained substantial injury by reason of such irregularity or fraud C the sale price was less than half the market value D the decree under which the sale was held has since been reversed
Q9 Code of Civil Procedure, 1908 Where no application under Rule 89, Rule 90 or Rule 91 of Order XXI is made, or where such application is made and disallowed, the court executing the decree shall:
A order a re-auction of the property B make an order confirming the sale, whereupon the sale shall become absolute C refer the matter to the District Court for confirmation D keep the sale in abeyance for ninety days
Q10 Code of Civil Procedure, 1908 A second appeal to the High Court of Andhra Pradesh under Section 100 of the Code, from a decree passed in first appeal by a District Court, lies:
A only if the value of the subject-matter exceeds rupees one lakh B as of right, without leave, on mixed questions of fact and law C on any question of fact or law D only where the case involves a substantial question of law
