1- Every______ is appealable–
A. decree
B. order
C. both (a) and (b)
D. either (a) or (b)
2-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
3-Section 9 of the Code confers jurisdiction in–
A. civil matter
B. political matter
C. religion matter
D. either (a) or (b) or (c)
4-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
5-The Code of Civil Procedure was enacted on-
A. 21/03/1908
B. 21/06/1908
C. 31/12/1908
D. 21/09/1909
6-Among the following______ conclusively determines the
rights of the parties–
A. decree
B. order
C. judgment
D. application
7-Where it appears to the Court that there exist elements
of a settlement the Court shall…
(a) Leave the matter undecided
(b) Decide the matter itself
(c) Refer the same for arbitration, conciliation or mediation
(d) None of the above
8-Which of the deals with enforcement of decree against
legal representative in the Code of Civil Procedure?
A. Section 46
B. Section 52
C. Section 45
D. Section 49
9. Under Section 2(2) of the CPC, ‘Decree’ means -
(a) The formal expression of an adjudication which, so far as
regards the court expressing it, conclusively determines the rights
of the parties with regard to all or any of the matter in controversy
in the suit.
(b) The formal expression of an adjudication which, so far as
regards the court expressing it, finally determines the rights of the
parties which regard to all or any of the mater in controversy in
the suit.
(c) The formal expression of an adjudication which, so far as
regards the court expressing it, absolutely determines the rights of
the parties with regard to all or any of the matter in controversy in
the suit.
(d) The formal expression of an adjudication which, so far as
regards the court expressing it, clearly determines the right of the
parties with regard to all or any of the matters in the controversy
in the suit.
10. Under Section 2(12) of the CPC, ‘mesne profit’ of property
means -
(a) Those profits which the person in wrongful possession of such
property admittedly received or might with ordinary diligence
have received therefrom together with interest on such profits but
shall not include profits due to improvements made by the person
in wrongful possession.
(b) Those profits which the person in wrongful possession of such
property actually received or might with ordinary diligence have
received therefrom together with interest on such profits but shall
include profits due to improvements made by the person in
wrongful possession.
(c) Those profits which the person in wrongful possession of such
property actually received or might with ordinary diligence have
received therefrom together with interest on such profit but shall
not include profit due to improvements made by the person in
wrongful possession.
(d) Those profits which the person in wrongful possession of such
property absolutely received or might with ordinary diligence
have received therefrom together with interest on such profits, but
shall not include profits due to improvements made by the person
in wrongful possession.
11. Find out the correct statement.
Section 3 of the CPC deals with the subordination of Courts and
for that purpose -
(a) The High Court is subordinate to the Supreme Court.
(b) The District Court is subordinate to the High Court.
(c) The District Court is subordinate to the Supreme Court.
(d) Every Court of small causes is subordinate to the High Court
only and not to the District Court.
12-In a suit for title and possession where the Land is in the
occupation of a tenant, the mesne profit to the plaintiff to be
awarded on the basis of the –
(a) Value of the property
(b) Standard rent
(c) The maximum rent that a landlord could have received if
premises were let out afresh
(d) Rent
13. Where the jurisdiction of Civil Court is excluded, then also the
civil court have the jurisdiction -
(a) To examine into cases where the provision of the Act have not
been complied with
(b) To examine into cases where the statutory tribunal has not
acted in conformity with the fundamental principles of Judicial
procedure
(c) Neither to examine into cases even where the provision of the
Act have not been complied nor to examine into cases where the
statutory tribunal has not acted in conformity with the
fundamental principles of Judicial procedure
(d) Either (a) or (b)
14-The term ‘Suit’ is a generic term of comprehensive signification
referring to any proceeding by one person or persons against
another or others in a court of law wherein the plaintiff pursues
the remedy which the law affords him for the redress of any injury
or the enforcement of a right. The term ‘Suit’ includes all the
proceedings of a –
(a) Judicial nature in which the dispute of aggrieved parties are
adjudicated before an impartial forum.
(b) Quasi-judicial nature in which the dispute of aggrieved parties
are adjudicated before an impartial forum.
(c) Judicial nature including the quasi-judicial nature in which
dispute of aggrieved parties are adjudicated before an impartial
forum.
(d) Judicial nature excluding the quasi-judicial nature in which
dispute of aggrieved parties are adjudicated before an impartial
forum.
15. The ‘Restitution’ may be granted to the –
(a) Party to the litigation and his legal representatives.
(b) Parties or their representatives, the sureties, transferee
pendente lite, attaching decree holder.
(c) Parties, their representatives, sureties, transferee pendente
lite, attaching decree holder and bona fide auction purchaser.
(d) Parties or their representatives, transferee pendente lite,
attaching decree holder but does not apply to the sureties and a
bonafide auction-purchaser 1
16. A files a suit against B for Rupees 1, 00,000/- and for the
interest also. The court passed a decree for Rupees 50,000 only
and nothing more. A applied to amend the decree by adding a
prayer for payment of interest under Section 152 of the CPC –
(a) The decree can be amended under Section 152 CPC because
accidental slip or omission may at any time be corrected by the
court either of its own motion or on the application of any of the
parties.
(b) The decree cannot be amended under Section 152 of the Code.
(c) A may file an appeal or application for review.
(d) Both (b) and (c)
17-Every endeavour shall be made to ensure that the decree is
drawn up as expeditiously as possible and, in any case, within
_____ days from the date on which the Judgement is
pronounced.
(a) fifteen days
(b) thirty days
(c) sixty days
(d) Maxi. 90 days
18-Under Order XX Rule 4 of the CPC, the Judgement of a Court
of small causes should contain -
(i) Concise statement of case and points for determination.
(ii) The points for determination
(iii) The decision thereon
(iv) The reasons for such decision
(a) Only (iii)
(b) Only (i)
(c) Both (ii) and (iii)
(d) All (i) (ii) (iii) and (iv)
Answer
1. A
2. B
3. A
4. C
5. A
6. A
7. C
8. B
9. A
10. C
11. B
12. D
13. D
14. C. [Ethiopian Airlines vs. Ganesh Narain Saboo (2011) 8
SCC 539]
15. D
16. D
17. A
18. C
