Q1 Code of Civil Procedure Under the Code of Civil Procedure, 1908, the power to transfer suits and appeals from one High Court to another High Court, or from a Court subordinate to one High Court to a Court subordinate to another High Court, is vested in the:
A High Court under Section 24 B District Court under Section 22 C Supreme Court under Section 25 D Central Government under Section 24
Q2 Code of Civil Procedure A second appeal lies to the High Court under Section 100 of the Code of Civil Procedure, 1908 from an appellate decree only if the High Court is satisfied that the case involves:
A Any question of law or fact B A question of law of general public importance certified by the lower court C A substantial question of fact D A substantial question of law
Q3 Code of Civil Procedure Which one of the following statements regarding the power of review under Section 114 read with Order XLVII of the Code of Civil Procedure, 1908 is NOT correct?
A A review can be sought on the ground that the decision is erroneous on a question of law and would be reheard like an appeal B A review lies on account of some mistake or error apparent on the face of the record C A review lies for any other sufficient reason D A review lies on discovery of new and important matter or evidence not within the applicant's knowledge despite due diligence
Q4 Code of Civil Procedure Under Order I Rule 10(2) of the Code of Civil Procedure, 1908, the Court may, at any stage of the proceedings, add as a party any person whose presence before the Court is necessary in order to enable it:
A To effectually and completely adjudicate upon and settle all the questions involved in the suit B To examine him as a witness C To recover the court fee payable on the plaint D To award costs against him
Q5 Code of Civil Procedure Under Order XXI Rule 90 of the Code of Civil Procedure, 1908, an application to set aside a sale of immovable property in execution on the ground of a material irregularity or fraud in publishing or conducting it shall not be allowed unless the applicant proves that:
A The purchaser was a party to the suit B The decree-holder consents to the setting aside of the sale C The sale price was below the reserve price fixed by the Court D He has sustained substantial injury by reason of such irregularity or fraud
Q6 Code of Civil Procedure Under Order XXXVII of the Code of Civil Procedure, 1908 (summary suits), a defendant who has been served with a summons for judgment must, in order to defend the suit, obtain leave to defend. Leave to defend:
A Can be granted only by the High Court on revision B Can never be granted once a summary suit is instituted C Must always be granted unconditionally as a matter of right D May be granted unconditionally or upon such terms as the Court thinks fit, where the defendant discloses facts sufficient to entitle him to defend
Q7 Code of Civil Procedure An interpleader suit, in which two or more persons claim adversely to one another the same debt, sum of money or property from the plaintiff who claims no interest therein other than charges or costs, is governed by:
A Section 89 read with Order XXXII B Section 88 read with Order XXXV C Section 80 read with Order XXVII D Section 96 read with Order XLI
Q8 Code of Civil Procedure Under the Code of Civil Procedure, 1908, 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 is termed:
A Judgment under Section 2(9) B Mesne profits under Section 2(12) C Decree under Section 2(2) D Order under Section 2(14)
Q9 Code of Civil Procedure Subject to its provisions, the Code of Civil Procedure, 1908 confers jurisdiction on civil courts to try all suits of a civil nature excepting suits of which their cognizance is barred. This is embodied in:
A Section 9 B Section 20 C Section 15 D Section 16
Q10 Code of Civil Procedure The bar on a court proceeding with the trial of a suit when a previously instituted suit between the same parties on the same matter is pending in a competent court (res sub judice) is contained in:
A Section 11 B Section 13 C Section 10 D Section 12
