Q1 Code of Civil Procedure a. Under the Code of Civil Procedure, an appeal from an original decree may lie even on a question of fact. b. No appeal lies from a decree passed by the court with the consent of the parties. Choose the correct option in respect of the above statements.
A a is correct and b is incorrect B Both are incorrect C Both are correct D a is incorrect and b is correct
Q2 Code of Civil Procedure The defendant fails to file his written statement within thirty days of service of summons. Under Order VIII Rule 1 of the Code of Civil Procedure (as applicable to ordinary suits), the court may, for reasons to be recorded in writing, allow the written statement to be filed on a later day, but not later than:
A Ninety days from the date of service of summons B Forty-five days from the date of service of summons C Sixty days from the date of service of summons D One hundred and twenty days from the date of service of summons
Q3 Code of Civil Procedure A obtains a decree in a suit, and the defendant's property has been sold in execution. The auction-purchaser is a stranger to the suit. An application to set aside the sale of immovable property on the ground of a material irregularity or fraud in publishing or conducting it can be entertained only if the applicant proves that:
A The sale price was less than the market value, regardless of any injury B Any irregularity, however trivial, occurred in the proclamation C He has sustained substantial injury by reason of such irregularity or fraud D The decree itself was erroneous
Q4 Code of Civil Procedure Two suits are pending: a previously instituted suit at Mumbai and a subsequently instituted suit between the same parties on the same matter in issue at Pune, both courts being competent. Under Section 10 of the Code of Civil Procedure, the court at Pune shall:
A Dismiss the subsequently instituted suit outright B Stay the trial of the subsequently instituted suit C Return the plaint for presentation to the Mumbai court D Consolidate both suits and try them together
Q5 Code of Civil Procedure In a money suit for recovery of Rs. 8,00,000, the plaintiff apprehends that the defendant, with intent to obstruct or delay execution of any decree that may be passed, is about to dispose of his property. The plaintiff may apply to the court for:
A Attachment before judgment under Order XXXVIII Rule 5 of the Code of Civil Procedure B Arrest of the defendant in execution under Section 51 C Appointment of a receiver as a matter of right under Order XL D A temporary injunction restraining the defendant from defending the suit
Q6 Code of Civil Procedure Under Section 9 of the Code of Civil Procedure, 1908, a civil court has jurisdiction to try all suits of a civil nature except those of which their cognizance is
A expressly barred only B impliedly barred only C barred by a notification of the State Government in every case D either expressly or impliedly barred
Q7 Code of Civil Procedure a. The doctrine of constructive res judicata is contained in Explanation IV to Section 11 of the Code of Civil Procedure. b. Res sub judice under Section 10 bars the trial of a subsequently instituted suit where the matter in issue is directly and substantially in issue in a previously instituted suit between the same parties. Choose the correct option.
A Both are correct B a is correct and b is incorrect C Both are incorrect D a is incorrect and b is correct
Q8 Code of Civil Procedure A first appeal under Section 96 of the Code of Civil Procedure lies on
A questions of law only B substantial questions of law only C both questions of fact and questions of law D questions of fact only
Q9 Code of Civil Procedure A High Court hearing a second appeal under Section 100 of the Code of Civil Procedure can decide it only on
A a question of fact B a substantial question of law C both questions of fact and law afresh D a mixed question of fact and law not framed at admission
Q10 Code of Civil Procedure a. The power to transfer a suit, appeal or other proceeding from a Civil Court in one State to a Civil Court in another State vests in the Supreme Court under Section 25 of the Code of Civil Procedure. b. The High Court may, under Section 24, transfer a suit only after the defendant has filed his written statement. Choose the correct option.
A Both are correct B a is correct and b is incorrect C Both are incorrect D a is incorrect and b is correct
