Q1 Code of Civil Procedure Where the plaintiff appears but the defendant does not appear when the suit is called on for hearing, despite due service of summons, the court may proceed
A to refer the matter compulsorily to arbitration B ex parte against the defendant C to issue a warrant of arrest against the defendant D to dismiss the suit for default
Q2 Code of Civil Procedure The power of a civil court to grant a temporary injunction under Section 94(c) of the Code of Civil Procedure is to be exercised in accordance with the conditions laid down in
A Order XXXVIII Rules 1 and 2 B Order XXXIX Rules 1 and 2 C Order XL Rule 1 D Order XXVI Rule 9
Q3 Code of Civil Procedure Under Order I Rule 10 of the Code of Civil Procedure, the court may, at any stage of the proceedings
A add parties only with the written consent of all existing parties B transfer the suit to another court for joinder of parties C add or strike out parties whose presence is necessary to effectually and completely adjudicate upon the questions involved D only strike out a party improperly joined, but never add a party
Q4 Code of Civil Procedure Under Section 56 of the Code of Civil Procedure, the court
A shall not order the arrest of any judgment-debtor, whether man or woman, in execution of a money-decree B may detain a woman in civil prison for a maximum period of three months in execution of a money-decree C may order the arrest of a woman in execution of a money-decree only with the prior sanction of the High Court D shall not order the arrest or detention in civil prison of a woman in execution of a decree for the payment of money
Q5 Code of Civil Procedure A 'precept' under Section 46 of the Code of Civil Procedure is
A an order of a court which passed a decree, to any other competent court, to attach property of the judgment-debtor B a direction to the judgment-debtor to disclose his assets on oath C an order directing the Collector to effect a partition of an estate as per the decree D a certified copy of the decree sent for execution to another court
Q6 Code of Civil Procedure a. Summons for judgment is a feature peculiar to a summary suit instituted under Order XXXVII of the Code of Civil Procedure. b. In a summary suit, the defendant is entitled to defend as of right without obtaining leave to defend from the court. Choose the correct option.
A Both are correct B a is incorrect and b is correct C a is correct and b is incorrect D Both are incorrect
Q7 Code of Civil Procedure An interpleader suit under Section 88 read with Order XXXV of the Code of Civil Procedure lies where
A a plaintiff claims relief against two defendants in the alternative B the subject matter of the suit is below the pecuniary jurisdiction of the court C two or more persons claim adversely to one another the same debt, sum of money or property from a person who claims no interest therein other than charges or costs D the State Government is a necessary party to the dispute
Q8 Code of Civil Procedure Under the proviso to Order VI Rule 17 of the Code of Civil Procedure, an application for amendment of pleadings shall not be allowed after the trial has commenced unless the court concludes that
A the value of the suit is increased by the amendment B in spite of due diligence the party could not have raised the matter before the commencement of trial C the opposite party has no objection to the amendment D the amendment relates only to a clerical or arithmetical error
Q9 Code of Civil Procedure A notice under Section 80 of the Code of Civil Procedure is a condition precedent for instituting a suit
A for grant of a temporary injunction in any suit B for recovery of immovable property between private parties C against any private individual carrying on trade D against the Government or a public officer in respect of an act purporting to be done by such public officer in his official capacity
Q10 Code of Civil Procedure A obtained a money decree against B in the Court of Civil Judge Junior Division, Pune. The decree was passed with the express written consent of both parties recorded in the judgment. B, having later regretted the bargain, wishes to challenge it in appeal. As per Section 96 of the Code of Civil Procedure, 1908
A an appeal lies, but only on a question of law. B no appeal lies from a decree passed by the court with the consent of parties. C an appeal lies only with the leave of the appellate court. D an appeal lies, as every original decree is appealable.
