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CPC Question and Answer Key

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0% found this document useful (0 votes)
108 views10 pages

CPC Question and Answer Key

Uploaded by

Sonika Nair
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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1.

Which provision deals with the time for inspection when notice given in the Code of
Civil Procedure?
Order 11, Rule 17

2. What is doctrine of adverse possession?


a person who is not the original owner becomes the owner

3. Under the provisions of Civil Procedure Code plea of adverse possession is a defence
available _________
both plaintiff and defendant

4. What is Res subjudice?


A right under judicial consideration

5. Which section deals with Res subjudice?


Section 10

6. which provision in the Code of Civil Procedure comes into operation When foreign
judgment is not conclusive?
Section 13

7. What is a preliminary decree?


A decree that doesn’t dispose of the suit

SAVEETHA SCHOOL OF LAW

CIVIL PROCEDURE CODE

1. The Code of law which deals with Courts of Civil Judicature is called _________
Civil Procedure Code
2. A decree is an operative part of a_____ in civil suits for appeals
Judgment
3. _____ conclusively determines rights of the parties
Decree
4. The statement given by the Judge on the ground of decree or order is called
__________
Judgment
5. A person who in law represents the estate of deceased person is called ____________
Legal Representative
6. The formal expression of any decision of a civil Court which not a decree is called
__________
Order
7. Section 5 of C.P.C deals with application of C.P.C to ________
Revenue Courts
8. The term jurisdiction has _____ kinds
3
9. According to Section 21, of C.P.C. objection at jurisdiction of Court can be raised on
_______
Jurisdiction as to subject matter;
Territorial jurisdiction;
Pecuniary jurisdiction.

10. Which provision deals with the time for inspection when notice given in the Code of
Civil Procedure?
Rule 16

11. What is doctrine of adverse possession?


a person who is not the original owner becomes the owner

12. Under the provisions of Civil Procedure Code plea of adverse possession is a defence
available _________
Both plaintiff and defendant

13. What is Res Subjudice?


prohibits the plaintiff to file two parallel cases on the same subject matter

14. Which section deals with Res subjudice under the Civil Procedure Code?
Section 10

15. which provision in the Code of Civil Procedure comes into operation When foreign
judgment is not conclusive?
Section 13

16. What is a preliminary decree?


A decree that doesn’t dispose of the suit

17. What is Res judicata?


a matter that has been adjudicated by a competent court which cannot be adjudicated
further

18. Which section under the Civil Procedure Code deals with Res judicata?
Section 13

19. What is Mesne Profit?


profits paid with right of immediate occupation

20. A decree becomes final when ______________


Completely disposed/ time to appeal elapsed

21. Which section under the Civil Procedure Code defines order as a formal expression
of any decision of a civil court which is not a decree?
Section 2 (14)

22. Who is a decree holder?


On whose favour decree has been passed

23. What is Foreign Court under Section 2 (5) means?


a court situate outside India and not established or continued by the authority of the
Central Government

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

25. What is the definition of Judgment under Section 2 (9) of the Civil Procedure Code,
1905?

26. Mesne Profits is defined under _________

27. Court of Small cause is subordinate to _____

28. Under Section 10 of the CPC, a suit is liable to _________

29. Section 10 of CPC is not applicable to ______________

30. What are the three categories of decrees laid down in Section 2 (2) of the CPC?

31. What is a foreign judgment?

32. What is a foreign award?

33. What is pleadings?


34. What is a plaint?

35. What is a written statement?

36. Section 26 of the Code of Civil Procedure states “Every suit shall be instituted by the
__________________ or in such other manner as may be prescribed.”

37. Section 15 of the CPC deals with _________________

38. What is a pre civil suit?

39. What is caveat?

40. What is non joinder of parties?

41. How many grounds of attack the foreign judgment have been provided under section
13 of CPC?

42. As per O. VIII, R. 10, of C.P.C. Where any party from whom a written statement is so
required fails to produce the same with in fixed time before the Court
__________________

43. Order VIII, Rule 13, of Civil Procedure Code deals with ____________

44. Ex parte order can be passed in favour of ______________

45. For setting aside ex parte order affected party needs to file ___________

46. Where several Courts having jurisdiction are subordinate to the same appellate Court
an application under section 22, shall be made to_____

47. Where a suit has been instituted a summon may be issued to ______ to appear and
answer the claim and may be served in manner prescribed.

48. During execution of a decree all question arising between the parties to the suit will
be dealt by the _____

49. Section 48, C.P.C. provide limitation of______ years for making execution
application

50. A judgment debtor can be imprisoned for a term not exceeding__________

51. _____ cannot be arrested during execution of money decree.

52. Section_____, of C.P.C. deals with filing of suit by aliens

53. The term "alien" means __________


54. ____________determine forum for the appeal

55. An appeal from a judgment decree or final order of High Court shall lie to
________--

56. An appeal to Supreme Court is dealt under _________

57. What is review?

58. Right of Review is called ___________right

59. What is meant by jurisdiction?

60. Which section of CPC defines jurisdiction?

61. What is Pecuniary jurisdiction?

62. Which section of CPC deals with Pecuniary jurisdiction?

63. What is territorial jurisdiction?

64. Which section of CPC deals with territorial jurisdiction?

65. What is the difference between a decree and judgement?


66. What are the conditions required for deciding a jurisdiction of the court?

67. What is meant by coram non judice?

68. When a case is decided by the court which doesn’t have the jurisdiction in such case whether
the judgement would be held valid?

69. Law permits that power of review can be exercised upon ________

70. Scope of review power is ___________

71. In case of private international law, whether the decree given by the court which doesn’t have
jurisdiction is valid?

72. Whether the jurisdiction of the court decides when the defendant is present in said places
where the case is filed would be held valid?

73. What is meant by substantial law?

74. What is meant by procedural law?

75. Time limitation for filing revision petition before High Court as provided under
section 115 of Civil Procedure Code _________
76. Revisional power exercised by High Court or Court of Session is ______ in nature

77. Revision power can be exercised by High Court or District Court on ___________

78. Unauthorized person cannot addressed to High Court while exercising it original civil
jurisdiction as provided in section _________

79. Women who according to customs and manners of the country ought not to be
compelled to appear in public shall be exempt from personal appearance in Court as
provided in _____

80. Section 135, C.P.C. exempt_____ from arrest under civil processes.

81. Exemption of members of legislature bodies from arrest and detention in civil process
is provided in ________

82. As per section 142, C.P.C. all orders and notices served on or given to any person
under the provisions of the Code of Civil Procedure __________

83. Section 144, of C.P.C deals with _________

84. The power of Court to allow a party to fulfill deficiency of Court fees under section
149, of C.P.C. is its_____ power

85. The power enjoyed by Court to fulfill needs of justice in absence of specific provision
of C.P.C are called ____________

86. Section_____ of C.P.C deals with inherent powers of Court

87. A decree, judgment or order can be amended if there is __________

88. Section 152, C.P.C deals with amendment of ________

89. In case of civil dispute, within how many days the complaint should be filed ?

90. Order 1, of C.P.C deals with _________

91. The person who brought the suit or file a suit is called _______

92. All persons may be joined as_____ against whom any right to relief is claimed

93. Order II C.P.C deals with __________

94. As per Order II, Rule 2, suit include ________


95. Where it appears to the Court that any cause of action joined in one suit cannot be
conveniently tried or disposed of together the Court may _________

96. Order, III, of C.P.C deals with ____________

97. As per Order V, Rule 2 the summon shall be accompanied by copy of ___________

98. What is section 89 of CPC ?

99. Who has the authority to record evidence in civil court?

100. Whether a jurisdiction is decided based on submission of the defendant?

101. How many orders does the CPC contain?

102. The term "substituted service" means ________

103. As per principle laid down in Order VI, Rule 2, of C.P.C. Pleadings needs to state
________

104. The name of the Court in which a suit is brought must be written in plaint as
provided in _____________

105. The interrogatories made by any party under O. Xi, Rule 1, of C.P.C. for discovery
___________

106. An affidavit in answer to interrogatories shall be in Form No. _____ in Appendix C


with such variations as circumstances may require

107. When any document is rejected by Court under O. XIII, Rule 3 of C.P.C. the order
of such rejection will be ____________

108. At the time of framing of issues Court seek light from ___________

109. The term "issue" means _____________

110. When a witness for attendance of whom summons were issued intentionally avoid
from receiving summons the Court may make order for ________

111. Under O. XVI Rule 14 of C.P.C. the Court can summon on its own accord to
witnesses_____ to suit

112. The Court may grant time and adjourn hearing as provided in O. XVII, Rule 1, when
____________
113. Every summons for the attendance of a person to give evidence or to produce a
document shall specify the time and place at which he is required to attend as
provided in ___________

114. If a person for attendance of whom proclamation was made intentionally not appear
before Court the Court will make ______________

115. Where the subject matter of the suit is movable property the decree shall contain the
_________________

116. In pre-emption decree in respect of purchase of property the purchasing money shall
be paid _________________

117. Pre-emption decree can not be incorporated in __________

118. Where a decree is passed in favour of more than one person the execution
application can be made by_____

119. Attachment of immovable property during execution of a decree is provided in


_____

120. Sale of immovable property in execution of a decree may be ordered by _________

121. A decree holder of a decree in execution of which property is sold can not bid
without permission of _________________

122. O.XXII, of C.P.C deals with _________

123. When there are more plaintiffs then _____ of the others plaintiff will be need for
withdrawal of a suit.

124. Where a suit is against corporation the summons may be served on _____________

125. Where persons are sued as partners in the name of their firm they shall appear
individually in their own names but all subsequent proceedings shall nevertheless
continue in______________________

126. The Order of C.P.C. dealing with suits by of against trustees executors and
administrators is ______________

127. Where a third person sue a trust property defendant will be _____________

128. In a suit for foreclosure if the plaintiff succeeded the Court shall pass a
___________

129. There are______ basic requirements for granting temporary injunction


130. Affidavit with application of temporary injunction is_____ essential ingredient for
granting temporary injunction

131. The Orders from which appeal shall lies are dealt by _____________

132. An order of returning plaint under O. 7, Rule 10, of C.P.C is ______________

133. Reference can be send to High Court by ______________

134. As per Order LII Rule. 1, Rule 38, of O. 41 shall apply so far as may be to
proceeding under __________________

135. "Pauper" means a person _________

136. The application for filing pauper suit shall be filed in _______________

137. Persons for whose examination commissions may be issues are provided in
__________

138. Local commission to make local investigation can be issued under ___________

139. For partition of a property court may issue_____ as local commissioner

140. The High Court may issue commission upon application of _________

141. Where there are several trustees, executors or administrators they shall all be made
parties to a suit against one or more of them as provided in ________

142. O. XXXII contains _____ Rules

143. Any application for the appointment of guardian of minor for suit shall contain
_______

144. Qualification for becoming next friend of minor as provided in O. XXXII is ____________

145. Where a minor co-plaintiff on attaining majority apply to the Court that his name be
struck off the Court will serve notices to_____ before making any order

146. Where the defendant is about to abscond or leave the local limits of the jurisdiction
of the Court, the Court for it's own satisfaction may order the defendant _________

147. Order XXXIX, of C.P.C contains_____ Rules

148. For application of temporary injunction affidavit is ____________

149. An interim injunction passed under O. XXXIX, R. 1 or 2 of C.P.C. in the absence of


defendant shall not ordinarily exceeds __________
150. The order of injunction made under Order XXXIX, Rule 1, and 2, of C.P.C. after
hearing the parties or after notice to defendant shall cease to have effect on the
expiration of _____________

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