Q1 Code of Civil Procedure Under Section 2(2) of the Code of Civil Procedure, the term "decree" includes
A any order of dismissal for default B the rejection of a plaint and the determination of a question under Section 144 C an order granting or refusing temporary injunction D an order returning a plaint to be presented to the proper court
Q2 Code of Civil Procedure The remedy of revision to the High Court under Section 115 of the Code of Civil Procedure lies against an order of a subordinate court where such court has
A committed any error of fact in appreciating the evidence B exercised a jurisdiction not vested in it, failed to exercise a jurisdiction so vested, or acted with material irregularity in exercise of its jurisdiction C passed a decree that is excessive in quantum D refused to grant an adjournment to a party
Q3 Code of Civil Procedure Under Section 80 of the Code of Civil Procedure, a suit against the Government or a public officer in respect of an act purporting to be done in his official capacity, ordinarily requires
A deposit of security for costs B prior sanction of the High Court C leave of the court at the time of institution D a notice in writing delivered, expiry of two months before institution of the suit
Q4 Code of Civil Procedure Summons for judgment under Order XXXVII of the Code of Civil Procedure can be issued in a
A suit for specific performance B small cause suit C partition suit D summary suit upon a negotiable instrument or written contract for a liquidated sum
Q5 Code of Civil Procedure Detention of a judgment-debtor in civil prison in execution of a money-decree is NOT permissible where
A the judgment-debtor owns immovable property B the decretal amount exceeds rupees five thousand C the decree-holder has already realised part of the decretal amount D the judgment-debtor is a woman
Q6 Code of Civil Procedure Under Order VI Rule 17 of the Code of Civil Procedure, the proviso bars amendment of pleadings after the commencement of trial unless the court concludes that
A the suit is at the stage of final arguments B in spite of due diligence, the party could not have raised the matter before the trial commenced C the amendment introduces a fresh cause of action D the opposite party consents in writing
Q7 Code of Civil Procedure Under Section 80 of the Code of Civil Procedure, 1908, no suit shall be instituted against the Government or against a public officer in respect of any act purporting to be done by him in his official capacity, until the expiration of :
A Two months next after notice in writing has been delivered to or left at the office of the appropriate authority B Three months next after notice in writing has been delivered to or left at the office of the appropriate authority C One month next after notice in writing has been delivered to or left at the office of the appropriate authority D Six months next after notice in writing has been delivered to or left at the office of the appropriate authority
Q8 Code of Civil Procedure Consider the following statements regarding appeals under the Code of Civil Procedure, 1908 : Statement (I) : No appeal shall lie from a decree passed by the court with the consent of parties. Statement (II) : An appeal lies from an original decree passed ex parte.
A Statement (II) is correct, (I) is incorrect B Both statements are incorrect C Both statements are correct D Statement (I) is correct, (II) is incorrect
Q9 Code of Civil Procedure In a summary suit under Order XXXVII of the Code of Civil Procedure, 1908, the defendant, after service of the summons for judgment, must apply for leave to appear and defend the suit within :
A Sixty days from service of the summons for judgment B Thirty days from service of the summons for judgment C Ten days from service of the summons for judgment D Ninety days from service of the summons for judgment
Q10 Code of Civil Procedure Where a decree has been varied or reversed in any appeal, the application for restitution under Section 144 of the Code of Civil Procedure, 1908, is to be made to :
A The court of first instance B The High Court in exercise of its revisional jurisdiction C The appellate court which varied or reversed the decree D Any court in whose jurisdiction the property is situated
