Code of Civil Procedure (CPC) solved MCQs

1 of 4 sets

1. The Code of Civil Procedure came into force with effect from____

A. 1 january 1908

B. 1 september, 1908

C. 1 january 1909

D. 1 september 1909

Discussion
C.1 january 1909

2. Among the following in which Section the term “decree” is define–

A. section 2(1)

B. section 2(2)

C. section 2(a)

D. section 2(b)

Discussion
B.section 2(2)

3. Decree includes–

A. the rejection of a plaint

B. any adjudication from which an appeal lies as an appeal from an order

C. any order of dismissal for default.

D. none of the above

Discussion
A.the rejection of a plaint

4. Decree includes–

A. any order of dismissal for default

B. the rejection of a plaint

C. the determination of any question within section 144

D. both (b) and (c) above

5. Order of dismissal for default is–

A. preliminary decree

B. final decree

C. partly preliminary partly final decree

D. none of the above

Discussion
D.none of the above

6. Legal representative means/includes

A. person who is law represents the estate of a deceased person

B. any person who intermeddles with the estate of the deceased

C. the person on whom the estate devolves on the death of the party

D. all of the above

Discussion
D.all of the above

7. “Order” means the formal expression of any decision of a Civil Court which is not adecree–

A. section 2(2)

B. section 2(12)

C. section 2(14)

D. section 2(16)

Discussion
C.section 2(14)

8. Foreign judgment means the judgment of a foreign Court. The term foreign judgmentis defined under Section–

A. 2

B. 3

C. 6

D. 13

Discussion
A.2
9. Every______ is appealable–

A. decree

B. order

C. both (a) and (b)

D. either (a) or (b)

Discussion
A.decree

10. Cause of action may be described as–

A. a bundle of essential facts necessary for the plaintiff to prove

B. an important subject of litigation

C. a point in question

D. all of the above

Discussion
A.a bundle of essential facts necessary for the plaintiff to prove

11. Which one of the following court has original as well as appellate jurisdiction–

A. revenue court

B. district court

C. munsiffs court

D. none of the above

Discussion
B.district court

12. No suit would lie to set aside a decree on objection as to–

A. subject matter jurisdiction of a court

B. territorial jurisdiction of a court

C. pecuniary jurisdiction of a court

D. both (b) and (c) above

Discussion
D.both (b) and (c) above
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13. A defendant to a suit against whom no relief is claimed is called

A. co defendant

B. pro-forma defendant

C. interveners

D. none of the above

Discussion
B.pro-forma defendant

14. Section 9 of the Code confers jurisdiction in–

A. civil matter

B. political matter

C. religion matter

D. either (a) or (b) or (c)

Discussion
A.civil matter

15. Among the following which are suits of a Civil nature–

A. suit relating to rights to worship

B. suit relating to right to shares in offerings

C. suits for upholding mere dignity or honour

D. both (a) and (b) above

Discussion
D.both (a) and (b) above

16. Among the following which are suits of civil nature–

A. suits for recovery of voluntary payments or offerings

B. suits involving principally caste questions

C. suits relating to taking out of religious processions

D. none of the above

Discussion
C.suits relating to taking out of religious processions
17. A Civil Court has jurisdiction to try a civil suit unless its cognizance is barred–

A. expressly

B. impliedly

C. either (a) or (b)

D. only (a) not (b)

Discussion
C.either (a) or (b)

18. Mark the incorrect statement______

A. a statute ousting jurisdiction of a court must be strictly construed

B. every court has inherent power to decide the question of its own jurisdiction

C. consent can neither confer nor take away jurisdiction of a court

D. none of the above

Discussion
D.none of the above

19. Mark the Correct statement–

A. there is no distinction between want of jurisdiction and irregular exercise thereof.

B. every presumption should be made in favour of jurisdiction of a civil court

C. both (a) and (b) above

D. neither (a) nor (b)

Discussion
B.every presumption should be made in favour of jurisdiction of a civil court

20. Jurisdiction of a Court depends upon the___

A. averments made in a plaint

B. defence in the written statement

C. both (a) and (b) above

D. none of the above

Discussion
A.averments made in a plaint

21. Doctrine of res sub judice is provided under Section–

A. 9
 B. 10

C. 11

D. 12

Discussion
B.10

22. Section 10 of the Code deals with–

A. stay of civil suits

B. puts a bar upon the institution of a civil suits

C. (a) and (b) both above

D. neither (a) nor (b)

Discussion
A.stay of civil suits

23. Which of the following is based upon equity–

A. res judicata

B. res subjudice

C. estoppels

D. none of the above

Discussion
C.estoppels

24. The Code of Civil Procedure was enacted on-

A. 21/03/1908

B. 21/06/1908

C. 31/12/1908

D. 21/09/1909

Discussion
A.21/03/1908

25. Among the following______ conclusively determines the rights of the parties–

A. decree

B. order

C. judgment

D. application

Discussion
A.decree

Set 2 »

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