Q1 Code of Civil Procedure (CPC) A second appeal under Section 100 of the Code of Civil Procedure, 1908 to the High Court lies
A Only if the case involves a substantial question of law B On a question of fact alone C As a matter of right on any ground whatsoever D On a mixed question of law and fact
Q2 Code of Civil Procedure (CPC) The provisions of Section 10 of the Code of Civil Procedure (stay of suit / res sub judice) are
A Mandatory, barring the trial of a subsequently instituted suit in which the matter in issue is directly and substantially the same B Discretionary, the Court being free to try both suits simultaneously C Directory only D Applicable only where the parties consent to the stay
Q3 Code of Civil Procedure (CPC) Under Order VIII, Rule 1 of the Code of Civil Procedure, the outer limit of ninety days for filing the written statement, as interpreted by the Supreme Court for ordinary (non-commercial) suits, is
A Directory, the Court retaining discretion to permit filing beyond ninety days in exceptional cases for recorded reasons B Applicable only to suits against the Government C Mandatory, so that no written statement can be received thereafter D A period that can never be extended beyond thirty days
Q4 Code of Civil Procedure (CPC) A caveat lodged under Section 148-A of the Code of Civil Procedure, where no application is made by the applicant within the prescribed period, remains in force for
A Until the disposal of the suit B 60 days from the date of its lodging C 30 days from the date of its lodging D 90 days from the date of its lodging
Q5 Code of Civil Procedure (CPC) Parties to a suit, by their agreement or consent,
A Can waive the bar of res judicata B Can, where two or more Courts have jurisdiction in law, agree to confine litigation to one of them C Can confer jurisdiction on a Court which otherwise has none in law D Can oust the jurisdiction of a Court which alone has jurisdiction in law
Q6 Code of Civil Procedure (CPC) Where a sole defendant dies and the right to sue survives, an application to bring the legal representatives of the deceased on record under Order XXII of the Code of Civil Procedure must ordinarily be made within
A 60 days of the death B 6 months of the death C 90 days of the death D 30 days of the death
Q7 Code of Civil Procedure (CPC) An application for amendment of pleadings under Order VI, Rule 17 of the Code of Civil Procedure (as amended in 2002) shall not be allowed after the trial has commenced
A Unless the Court concludes that in spite of due diligence the party could not have raised the matter before commencement of trial B Unless the suit is one for specific performance C Under any circumstances D Unless the opposite party consents in writing
Q8 Code of Civil Procedure (CPC) In execution proceedings, the general rule is that the executing Court cannot go behind the decree. An exception recognised is where
A The decree is more than twelve years old B The decree has been passed by a Court wholly without jurisdiction and is a nullity C The judgment-debtor has acquired fresh defences after the decree D The decree appears to the executing Court to be erroneous on merits
Q9 Code of Civil Procedure (CPC) The general power to transfer and withdraw suits, appeals and other proceedings from one Court subordinate to it to another such Court is conferred on the High Court and the District Court by
A Section 22 of the Code of Civil Procedure B Section 23 of the Code of Civil Procedure C Section 25 of the Code of Civil Procedure D Section 24 of the Code of Civil Procedure
Q10 Code of Civil Procedure (CPC) Where a suit has been dismissed under Order IX, Rule 8 of the Code of Civil Procedure for default of appearance of the plaintiff, a fresh suit on the same cause of action
A Is not barred and may be freely instituted B Is barred, the plaintiff's only remedy being an application under Order IX, Rule 9 to set aside the dismissal C Is barred only if the defendant had appeared D May be instituted only with the leave of the High Court
