Q1 Code of Civil Procedure, 1908 Under Section 100 of the Code of Civil Procedure, 1908, a High Court hearing a second appeal must, at the time of admission, formulate the substantial question of law. The provision relating to such formulation read with Order XLI is that the appellant :-
A may urge additional questions only with the consent of the respondent B shall not, without the leave of the Court, urge any ground other than the question so formulated C may, as of right, urge any ground of fact or law in the second appeal D is confined to the questions raised in the first appellate court
Q2 Code of Civil Procedure, 1908 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 suit appears from the statement in the plaint to be barred by any law B Where the defendant has a strong defence on the merits C Where the plaintiff fails to appear on the first date of hearing D Where the written statement is not filed within ninety days
Q3 Code of Civil Procedure, 1908 Except on a question of law, no appeal lies from a decree in a suit of the nature cognisable by Courts of Small Cause under Section 96(4) of the Code of Civil Procedure, 1908, when the amount or value of the subject-matter of the original suit does not exceed :-
A twenty thousand rupees B three thousand rupees C five thousand rupees D ten thousand rupees
Q4 Code of Civil Procedure, 1908 The Supreme Court explained the working of Section 89 of the Code of Civil Procedure and the modes of alternative dispute resolution, holding that a court cannot refer a suit to arbitration without the consent of all parties, in :-
A Salem Advocate Bar Association v. Union of India B Afcons Infrastructure Ltd. v. Cherian Varkey Construction Co. (P) Ltd. C K.K. Modi v. K.N. Modi D Booz Allen and Hamilton Inc. v. SBI Home Finance Ltd.
Q5 Code of Civil Procedure, 1908 An auction-purchaser seeks to set aside a sale of immovable property held in execution of a decree on the ground of material irregularity or fraud in publishing or conducting the sale. Under Order XXI Rule 90 of the Code of Civil Procedure, the sale shall not be set aside unless the Court is satisfied that the applicant :-
A has obtained the prior permission of the decree-holder B has deposited the entire decretal amount in court C has filed an independent suit challenging the sale D has sustained substantial injury by reason of such irregularity or fraud
Q6 Code of Civil Procedure, 1908 Where a sole defendant dies and the right to sue survives, but no application to bring the legal representative of the deceased defendant on record is made within the time limited by law, the consequence under Order XXII Rule 4 of the Code of Civil Procedure is that :-
A the suit abates as against the deceased defendant B the decree is passed against the estate without notice C the suit continues against the surviving parties only D the court must suo motu implead the legal representative
Q7 Code of Civil Procedure, 1908 Explanation IV to Section 11 of the Code of Civil Procedure, 1908, which embodies the principle of constructive res judicata, provides that any matter which might and ought to have been made a ground of attack or defence in the former suit :-
A is relevant only in criminal proceedings B may be freshly agitated in a subsequent suit C shall be deemed to have been a matter directly and substantially in issue in such suit D can be raised only with the leave of the appellate court
Q8 Code of Civil Procedure, 1908 Under Section 148A of the Code of Civil Procedure, 1908, a caveat lodged by a person claiming a right to appear before the Court on the hearing of an application shall remain in force, unless an application is made before its expiry, for a period of :-
A sixty days from the date on which it was lodged B thirty days from the date on which it was lodged C ninety days from the date on which it was lodged D one hundred and eighty days from the date on which it was lodged
Q9 Code of Civil Procedure, 1908 Save in cases of urgency, no suit shall be instituted against the Government or against a public officer in respect of an act purporting to be done in his official capacity until the expiration of a notice in writing under Section 80 of the Code of Civil Procedure, the period of which is :-
A one month B three months C six months D two months
Q10 Constitution of India Under Article 233 of the Constitution of India, the appointment of persons to be, and the posting and promotion of, district judges in any State shall be made by the Governor of the State in consultation with:
A The High Court exercising jurisdiction in relation to such State B The Council of Ministers of the State C The State Public Service Commission D The Chief Justice of India
