Civil Procedure Code

MEWAR UNIVERSITY
END TERM EXAMINATION-February 2022
LLB: 5th Semester

Subject: Civil Procedure Code
Time: 1.00 hr M. Marks: 30
Note: Attempt all questions write correct answers in answer sheet. Each question carries 1
mark.
1. Preliminary decree can be passed in a suit

(a) for partition
(b) of partnership
(c) for possession and Mesne Profits
(d) All the above.
2. A decree becomes final

(a) when it conclusively determines the rights of the parties
(b) when no appeal has been preferred against the decree
(c) both (a) & (b)
(d) Neither (a) nor (b).
3. Judgment under section 2(9) means

(a) a decree
(b) dismissal of an appeal summarily
(c) statement of grounds of an order or decree
(d) All the above.
4. Legal representative under section 2(11) of CPC means a person who is a

(a) Relative of parties to the suit
(b) co-sharer of the benefits assuming to the parties to the suit
(c) in law represents the estate of the decreased
(d) All the above.
5. A judgment contains
(a) concise statement of the case
(b) the points for determination
(c) the decision on the points o determinations & the reason thereof
(d) All the above.
6. ‘Mesne profits’ as defined under section 2(12) means

(a) Those profits which the person in wrongful possession of such property
actually received or might have received together with interest
(b) Those profits which the person in wrongful possession of property actually
received including profits due to improvements made by such person
(c) Those profits which the person in wrongful possession of such property
actually received or might have received but without any interest on such
profits
(d) Those profits which the person in wrongful possession of such property
actually received.
7. Basis of distribution of the jurisdiction of Indian Courts is

(a) pecuniary jurisdiction
(b) territorial jurisdiction
(c) subject-matter jurisdiction
(d) All the above.
8. Which of the following is a right of civil nature

(a) right to worship in a temple
(b) right to share in offerings in a temple
(c) right to take out procession
(d) All the above.
9. For the application of the principle of res-subjudice, which of the following is

essential
(a) suits between the same parties or litigating under the same title
(b) the two suits must be pending disposal in a court
(c) the matters in issue in the two suits must be directly and substantially the
same
(d) All the above.
10. Section 10 of CPC does not apply

(a) when the previous suit is pending in the same court
(b) when the previous suit is pending in a foreign court
(c) when the previous suit is pending in any other court in India
(d) When the previous suit is pending in a court outside India established or
contained by the Central Government.
11. Place of institution of suit in respect of immoveable property, situated within the
jurisdiction of different courts, has been provided
(a) under section 17 of CPC
(b) under section 18 of CPC
(c) under section 19 of CPC
(d) Under section 20 of CPC.
12. ‘X’ residing in Delhi, publishes statements defamatory to ‘Y’ in Calcutta. ‘Y’ can
sue ‘X’ at
(a) Delhi
(b) Calcutta
(c) anywhere in India
(d) Either in Delhi or in Calcutta.
13. A revision under section 115 shall not operate as a stay of suit or other
proceeding before the court except where such suit or other proceeding is stayed
by
(a) the High Court
(b) the Supreme Court
(c) the Appellate Court
(d) District and Sessions Court.
14. The court can enlarge the time under section 148 of CPC for doing any act
prescribed or allowed under the Code of Civil Procedure, not exceeding in total
(a) 90 days
(b) 60 days
(c) 45 days
(d) 30 days.
15. Under Order IV, Rule I, sub-rule (1) of CPC, a suit is instituted when
(a) a plaint is presented to the court
(b) a plaint in duplicate is presented to the court
(c) a plaint in triplicate is presented to the court
(d) Either (a) or (b) or (c).
16. The court can reject the plaint under Order VII, Rule 11(e) of CPC, if it is not filed
in
(a) triplicate
(b) duplicate
(c) quardruplicate
(d) only (c) and not (a) or (b).
17. Order VIII, Rule 1 mandates that the defendant shall file the written statement of
his defence within
(a) 90 days from the date of service of summons
(b) 60 days from the date of service of summons
(c) 30 days from the date of service of summons
(d) 10 days from the date of service of summons.
18. A prayer for extension of time beyond the period of 90 days for filing the written
statement
(a) can be oral
(b) has to be in writing
(c) can be either oral or in writing
(d) Neither (a) nor (b), as the time cannot be extended beyond 90 days.
19. Where a person who is a necessary party to the suit has not been joined as a
party to the suit it is a case of
(a) non-joinder
(b) mis-joinder
(c) both (a) & (b)
(d) Neither (a) nor (b).
20. Which of the following, in respect of set off is correct

(a) set-off can be claimed in a suit recovery of money
(b) the amount claimed must be ascertained amount
(c) the amount claimed to be set off must legally recoverable & not barred
limitation
(d) All the above.
21. A suit dismissed under Order IX, Rule 8 of CPC, can be restored
(a) under Order IX, Rule 4 of CPC
(b) under Order IX, Rule 9 of CPC
(c) both under (a) and (b)
(d) Neither under (a) nor (b).
22. Affidavit in answer to interrogatories shall be filed

(a) Within 7 days of the order
(b) Within 10 days of the order
(c) Within 14 days of the order
(d) Within 15 days of the order.
23. In a suit, issues are framed in respect of

(a) questions of facts
(b) questions of law
(c) mixed question of fact & law
(d) All the above.
24. Issues mean

(a) Contentions arising out of plaint only
(b) Contentions arising out of written statement only
(c) Rival contentions of the parties based on their pleadings
(d) Presumptions of fact or law or fact & law.
25. Parties file the list of witnesses within

(a) 10 days of framing of issues
(b) 15 days of framing of issues
(c) 30 days of framing of issues
(d) 60 days of framing of issues.
26. Adjournment can be granted

(a) under Order XVII, Rule 3 of CPC
(b) under Order XVII, Rule 2 of CPC
(c) under Order XVII, Rule 1 of CPC
(d) under Order XVII, Rule 1(2) of CPC.
27. Who shall produce the evidence first

(a) Plaintiff
(b) Defendant
(c) Either plaintiff or defendant
(d) As directed by the court.
28. Compensatory costs are imposed

(b) under section 35A of CPC
(c) under section 35B of CPC
(d) All the above.
29. Provision relating to execution of decrees are contained in

(a) Order XXI
(b) Order XXV
(c) Order XXXIII
(d) Order XXXVI.
30. Arrest of a person in execution of a decree has been provided

(b) under section 54 of CPC
(c) under section 55 of CPC
(d) under section 56 of CPC.

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MEWAR UNIVERSITY

END TERM EXAMINATION-February 2022

LLB: 5th Semester

Time: 1.00 hr M. Marks: 30

1. Preliminary decree can be passed in a suit

2. A decree becomes final

3. Judgment under section 2(9) means

4. Legal representative under section 2(11) of CPC means a person who is a

6. ‘Mesne profits’ as defined under section 2(12) means

7. Basis of distribution of the jurisdiction of Indian Courts is

8. Which of the following is a right of civil nature

9. For the application of the principle of res-subjudice, which of the following is

10. Section 10 of CPC does not apply

20. Which of the following, in respect of set off is correct

22. Affidavit in answer to interrogatories shall be filed

23. In a suit, issues are framed in respect of

24. Issues mean

25. Parties file the list of witnesses within

26. Adjournment can be granted

27. Who shall produce the evidence first

28. Compensatory costs are imposed

29. Provision relating to execution of decrees are contained in

30. Arrest of a person in execution of a decree has been provided

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