Q1 Code of Civil Procedure Under Section 9 of the Code of Civil Procedure, 1908, the civil courts have jurisdiction to try all suits of a civil nature:
A only when the cause of action arises within their territorial limits B excepting suits of which cognizance is either expressly or impliedly barred C excepting suits of which cognizance is expressly barred, but not those impliedly barred D in every case without any exception
Q2 Code of Civil Procedure Assertion (A): A court shall not proceed with the trial of a suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties and pending in a competent court.
Reason (R): The bar under Section 10 of the Code of Civil Procedure, 1908 is intended to prevent courts of concurrent jurisdiction from simultaneously trying two parallel suits in respect of the same matter and to avoid conflicting decisions.
Choose the correct alternative:
A Both A and R are true, and R is the correct explanation of A. B Both A and R are true, but R does not explain A correctly. C A is true, but R is false. D Both A and R are false.
Q3 Code of Civil Procedure The doctrine of constructive res judicata, under which a matter which might and ought to have been made a ground of attack or defence in a former suit is deemed to have been a matter directly and substantially in issue, is embodied in:
A Explanation II to Section 11 of the Code of Civil Procedure, 1908 B Explanation VI to Section 11 of the Code of Civil Procedure, 1908 C Explanation VIII to Section 11 of the Code of Civil Procedure, 1908 D Explanation IV to Section 11 of the Code of Civil Procedure, 1908
Q4 Code of Civil Procedure A second appeal under Section 100 of the Code of Civil Procedure, 1908 lies to the High Court from a decree passed in appeal by a subordinate court only where:
A there has been an error in appreciation of oral evidence B the value of the subject matter exceeds rupees one lakh C the appellate decree is contrary to the weight of evidence on record D the case involves a substantial question of law
Q5 Code of Civil Procedure Under Section 96 of the Code of Civil Procedure, 1908, no appeal from an original decree shall lie:
A from a decree exceeding the pecuniary jurisdiction of the trial court B from a decree passed with the consent of the parties C from a preliminary decree D from a decree passed by a court of first instance in a contested suit
Q6 Code of Civil Procedure Revisional jurisdiction under Section 115 of the Code of Civil Procedure, 1908 is exercised by:
A the Supreme Court over High Court decisions B the District Judge over courts subordinate to him C the High Court over cases decided by subordinate courts in which no appeal lies D any appellate court over the court whose decree is appealed
Q7 Code of Civil Procedure The provision under which, where a decree or order is varied or reversed in any appeal, revision or other proceeding, the court shall cause restitution to be made so as to place the parties in the position they would have occupied but for such decree, is:
A Section 144 of the Code of Civil Procedure, 1908 B Section 114 of the Code of Civil Procedure, 1908 C Section 151 of the Code of Civil Procedure, 1908 D Section 152 of the Code of Civil Procedure, 1908
Q8 Code of Civil Procedure Which of the following statements regarding Section 151 of the Code of Civil Procedure, 1908 is correct?
A It confers a fresh substantive jurisdiction on the court to override express provisions of the Code B It permits the court to grant a decree against a person who is not a party to the suit C It saves the inherent power of the court to make orders necessary for the ends of justice or to prevent abuse of the process of the court D It enables a court to review its own judgment on merits in all cases
Q9 Code of Civil Procedure Under Order VIII Rule 1 of the Code of Civil Procedure, 1908, the defendant shall present a written statement of his defence within thirty days from the date of service of summons, and the court may, for reasons to be recorded, extend the time for filing it up to a maximum of:
A one hundred and twenty days from the date of service of summons B ninety days from the date of service of summons C sixty days from the date of service of summons D forty-five days from the date of service of summons
Q10 Code of Civil Procedure A plaint shall be rejected under Order VII Rule 11 of the Code of Civil Procedure, 1908 in which of the following situations?
A Where the plaint does not disclose a cause of action B Where the relief claimed is undervalued and the plaintiff fails to correct the valuation within the time fixed by the court C Where the suit appears from the statement in the plaint to be barred by any law D All of the above
