Q1 Code of Civil Procedure, 1908 An application to set aside a court sale of immovable property on the ground of material irregularity or fraud in publishing or conducting it lies under Order XXI Rule 90, but no sale shall be set aside unless the Court is satisfied that the applicant has:
A Applied within seven days of the sale B Deposited the entire purchase money in court C Obtained the leave of the appellate court D Sustained substantial injury by reason of such irregularity or fraud
Q2 Code of Civil Procedure, 1908 A caveat lodged under Section 148-A C.P.C., where no application is made by the person at whose instance the suit is expected, shall remain in force for:
A 120 days B 90 days C 60 days D 30 days
Q3 Code of Civil Procedure, 1908 A foreign judgment shall NOT be conclusive under Section 13 C.P.C. in any of the following cases EXCEPT where:
A It sustains a claim founded on a breach of any law in force in India B It has not been pronounced by a Court of competent jurisdiction C It has been pronounced by a Court of competent jurisdiction on the merits D It has not been given on the merits of the case
Q4 Code of Civil Procedure, 1908 In Salem Advocate Bar Association v. Union of India (2005), the Supreme Court, while upholding Section 89 C.P.C., held that recourse to one of the modes of alternative dispute resolution is:
A A step the court must explore, the court formulating terms of settlement for reference to an ADR mode B Available only after the trial has concluded C Wholly at the option of the parties with no duty on the court D Permissible only in commercial suits
Q5 Code of Civil Procedure, 1908 Under Order VIII Rule 1 C.P.C. as amended, the outer limit of ninety days for filing a written statement in an ordinary civil suit was held to be directory, and not mandatory, in:
A Daryao v. State of U.P. B Kailash v. Nanhku C Salem Advocate Bar Association v. Union of India D Dhulabhai v. State of M.P.
Q6 Code of Civil Procedure, 1908 All questions arising between the parties to the suit, or their representatives, relating to the execution, discharge or satisfaction of a decree shall be determined by:
A The Court executing the decree and not by a separate suit B The District Court in revision C The appellate court alone D A separate suit
Q7 Code of Civil Procedure, 1908 Although the rejection of a plaint does not decide the suit on its merits, under Section 2(2) C.P.C. it is:
A An order from which no appeal lies B A judgment but not a decree C Neither an order nor a decree D Deemed to be a decree
Q8 Code of Civil Procedure, 1908 Where a court, at any stage of the suit, finds that it has no jurisdiction to try the suit, the plaint shall be:
A Transferred under Section 24 C.P.C. B Rejected under Order VII Rule 11 C.P.C. C Returned to be presented to the proper court under Order VII Rule 10 C.P.C. D Dismissed for default
Q9 Code of Civil Procedure, 1908 An appeal from an original decree passed with the consent of parties is:
A Maintainable under Section 96(1) C.P.C. B Maintainable only on a question of law C Barred under Section 96(3) C.P.C. D Maintainable only with leave of the appellate court
Q10 Code of Civil Procedure, 1908 A suit, the cognizance of which is neither expressly nor impliedly barred, is one which a Civil Court:
A Has jurisdiction to try under Section 9 of the Code of Civil Procedure B Must refer to a Tribunal constituted under a special enactment C Has discretion to entertain or refuse D Can try only with the prior sanction of the High Court
