1.

Where the plaintiff dies after hearing and before pronouncement of judgment the suit
(a) shall not abate
(b) shall abate
(c) shall abate if the right to sue not survive
(d) none of the above

2. Where after the end of hearing but before pronouncement of the judgement if any party to
the suit dies, then the suit will
(a) abate
(b) not abate
(c) be decided ex-parte
(d) None of the above

3. Under C.P.C. 1908, on death of either parties to the suit between the conclusion of the
hearing and the pronouncing of the judgment, the suit ...

(a) shall abate

(b) shall not abate
(c) may abate with the permission of the Court
(d) may abate with the consent of the other party

4. 'X' dies leaving behind a son 'Y' and a married daughter 'Z', a suit led by 'X', after his
death, can be continued by:
(a) 'Y' alone as legal representative
(b) 'Z' alone as legal representative
(c) 'Y', 'Z' and the husband of Z as legal representatives
(d) 'Y' and 'Z' both, as legal representatives

5. If a right to sue survives, will the suit be abated by a party's death?

(a) Yes
(b) No
(c) If the opposite party agrees
(d) None of the above

6. Where any party dies after conclusion and before pronouncing Judgement—
(a) The suit shall abate
(b) The suit shall not abate
(c) The suit shall not abate if cause of action survives
(d) It depends on the discretion of the court whether it shall abate or not

7. Point out the correct Answer:

Under Civil Procedure Code where any party dies after conclusion and before
pronouncement of judgement
(a) The suit shall be abated
(b) The suit shall not be abated
(c) The suit shall not be abated if cause of action survives
(d) It will be deemed that judgement has been pronounced after death of the party

8. Non-substitution of legal representatives of either party to the suit who dies, between the
conclusion of hearing and pronouncement of the judgment:
(a) Renders the judgment a nullity.
(b) Renders the judgment liable to be set aside in appeal
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(c) .
Renders the judgment nullity only at the option of other party.
(d) Has no consequences.

9. An Appeal under Order XLIII of Code of Civil Procedure shall lie from which of the
following orders:
(a) Rule 11 of Order VII, rejecting the plaint
(b)Rule 9 of Order XXII, refusing to set aside the abatement or dismissal of suit
(c) Rule 1 of Order VIII, not permitting the defendant to present the written statement
(d) Rule 5 of Order XIV, refusing to strike out the issue at the instance of either of the
parties

10. 'B' a bank, under a scheme for grant of educational loan to females, grants a loan of Rs.
2,00,000/- to 'A'. 'A' fails to repay the loan and 'B' les a suit for recovery 892
thereof. During the pendency of suit, 'A' is married. 'B' does not take any steps within the
prescribed time, to substitute the maiden name of 'A' with the married name of 'A' in the suit.
The suit is decided in favour of 'B' and against 'A' in her maiden name:
(a) The suit abates and decree is a nullity.
(b) The suit does not abate but the decree against 'A' in her maiden name cannot be
executed.
(c) The decree can be executed against the husband of 'A' also.
(d) The decree may be executed against 'A' in her married name.

11. Where party dies after conclusion of the hearing and before pronouncing of judgement
(a) the suit shall abate
(b) the suit shall not abate
(c) the suit shall not abate if cause of action survives
(d) it will be deemed that judgment has been pronounced before death of the party

12. Which of the following statements is correct?

(a) Where on the death of a defendant the right to sue survive against the other surviving
defendant alone, the case may proceed against the surviving defendant.
(b)Where on the death of a defendant the right to sue does not survive against the other
surviving defendant alone, the case shall abate against the deceased defendant if no
application is made within the time limited by law for the legal representative of the
deceased defendant to be made a party.
(c)There shall be no abatement by reason of death of either party between the
conclusion of the hearing and the pronouncing of the judgment.
(d)All these.

13. Under Order 23, Rule 3 of CPC, on the basis of a compromise:

(a) a decree has to be drawn only in respect of the subject matter that relates to the suit
(b) a decree has to be drawn for the entire compromise so long as it embraces part of the
subject matter of the suit and part outside it
(c) a decree has to be drawn where the compromise does not embrace the subject matter
of the suit at all
(d) none of the above

14. An application for the withdrawal of suit has been led along with permission for grant of
liberty to le fresh suit, in such an application Court can
(a) allow the application without leave to le fresh suit
(b) reject or allow the application in toto
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 (c) can pass any appropriate order
(d) All of these

15. In a suit led in representative capacity, the suit can be withdrawn, compromised and
abandoned etc. by the plaintiff?
(a) without notice to all the persons interested
(b) after notice to all the persons interested
(c) Neither (a) nor (b)
(d) either (a) or (b) or (c)

16. In cases of withdrawal of suit by the plaintiff, under Order XXIII, Rule 1A of CPC
(a) defendants cannot be transposed as plaintiffs
(b) defendants can be transposed as plaintiffs under all circumstances
(c) defendants can be transposed as plaintiff if substantial question is to be decided
against any of the other defendants
(d) either (a) or (b)

17. Whether a suit can be compromised without ling an application under Order XXIII, Rule
3 of the Code of Civil Procedure, 1908 in Court?
(a) No, as a written application under Order XXIII Rule 3, CPC signed by both parties is
mandatory.
(b)Yes, but only when both parties le af davits before the court accepting the
compromise and settlement.
(c)Yes, if the compromise is in writing and signed by the parties.
(d) Yes, but only if whole of the subject matter of the suit and not part thereof has been
adjusted and compromised.

18. A compromise which is voidable under Indian Contract Act, 1872 shall not be deemed to
be...... within the meaning of Order XXIII Rule 3 of Code of Civil Procedure, 1908.
(a) void
(b) voidable
(c) illegal
(d) lawful

19. Where a fresh suit is instituted on the strength of permission granted by the Court under
Order 23, Rule 1
(a) the plaintiff is not bound by the law of limitation
(b) a fresh period of limitation begins to run from the date of the order granting such
permission
(c) the plaintiff shall be bound by the law of limitation in the same manner as if the rst suit
had not been instituted
(d) such suit must fail if not instituted within one year.

20. Right to withdraw the suit, is:

(a) an absolute right of the plaintiff
(b) a quali ed right of the plaintiff
(c) fettered by certain conditions
(d) Both (b) and (c)

21. Mark the incorrect statement in relation to Order 23 of Code of Civil Procedure, 1908:
(a) At any time after the institution of a suit, the plaintiff may withdraw his suit or abandon
part of his claim.
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 (b) If a plaintiff withdraws from a suit without the court's permission, he is precluded from
instituting a fresh suit against the same defendant in respect of the same subject
matter.
(c) If the court is satis ed that a suit must fail by reason of some formal defect or there are
other suf cient grounds, it may allow the withdrawal from suit.
(d) When there are several plaintiffs, the court can allow one of them to withdraw, even if
the other co-plaintiffs do not consent to such withdrawal.

22. Which one of the following statement is incorrect regarding the compromise under Order
23, rule 3 of Civil Procedure Code?
(a) Must be in writing and signed by the party
(b) Must be in writing and need to be lawful agreement
(c) It is required that subject matter of the compromise is the same as the subject matter
of the Suit
(d) A compromise which is voidable under the Indian Contract Act shall also voidable
within the meaning of this Rule

23. Where a decree of compromise which was not lawful, there—

(a) Suit shall lie to set aside such decree
(b) Complaint has to made to High Court
(c) No suit shall lie to set aside such decree
(d) Suit may lie to set aside such decree with the leave of District Judge

24. An agreement or compromise entered in a representative suit without the leave of the
court is

(a) void
(b)voidable
(c) valid
(d) either valid or voidable

25. After withdrawal of the suit, a plaintiff

(a) Can institute a fresh suit in respect of the same subject matter
(b) Can institute a fresh suit in respect of the same subject matter only with the leave of
the Court
(c) Can institute a fresh suit in respect of the same subject matter only with the leave of
the High Court
(d) Cannot institute a fresh suit in respect of the same subject matter, unless liberty is
given at the time of withdrawal of the suit

26. Order XXIII of the Civil Procedure Code applies to the following:
(a) Withdrawal of suits
(b) Appeals
(c) Execution proceeding
(d) All the above

27. Which of the following statements is incorrect?

(a) A representative suit may be instituted by one or more persons for the bene t of all
interested persons with the permission of the court.
(b) Notice of the institution of a representative suit must be given by public advertisement
at the plaintiff's expense to all interested persons whereby reason of their
number, personal service is not reasonably practicable.
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(c) Any person for whose bene t a representative suit has been instituted may apply to
join as a party thereto.
(d) The person(s) who instituted the suit or person(s) who joined as party have
unrestricted right to compromise with the defendant.

28. Liberty to institute a fresh suit in respect of the same subject matter, at the time of
withdrawal of the suit is given:
(a) As a general rule
(b) Where the suit suffers from same formal defect & is likely to fail on that account
(c) Where the court nds suf cient grounds
(d) Only (b) and (c)

29. Can a suit be laid after withdrawal of the same?

(a) No
(b) Yes
(c) Yes, if permission is obtained from the court at the time of withdrawal with liberty to le
a fresh suit
(d) Yes, subject to the condition that the cause of action for both the cases is identical

30. Any Commissioner appointed by the Court under Order XXVII cannot do the following
acts:
(a) examine the parties and any witness whom they may produce.
(b) call for and examine documents and other things relevant to the inquiry.
(c) impose penalty on the parties.
(d) enter into any land or building at a reasonable time, as mentioned in the Order.

31. In a summary suit, upon being duly served with the summons, plaint and annexures, the
defendant is required to enter appearance within how many days
(a) 7 days
(b) 10 days
(c) 15 days
(d) 21 days

32. A commission to make local investigation can be issued under

(a) Order XXVI, Rule 1, CPC
(b) Order XXVI, Rule 6, CPC
(c) Order XXVI, Rule 9, CPC
(d) Order XXVI, Rule 10, CPC

33. Parties to the suit can compromise in a suit

(a) under Order XXIII, Rule 3A of CPC
(b) under Order XXIII, Rule 3 of CPC (c)
(c) under Order XXIII, Rule 1 of CPC
(d) under Order XXIII, Rule 4 of CPC

34. Which one comes in the preview of "formal defect" for withdrawal of suit under Order 23,
Rule 1(3) of C.P.C.?
(a) Want of notice under Section 80 C.P.C.
(b) Confusion regarding identi cation of suit property
(c) Improper valuation of suit
(d) All of these
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 35. The maxim "Invito bene cium non datur" (The law confers upon a man no rights or
bene ts which he does not desire) relates to which of the provision under the Code of Civil
Procedure, 1908?
(a) Section 26
(b) Order 6, Rule 1
(c) Section 148A
(d) Order 23, Rule 1

36. The order noting compromise amongst the parties as passed under the provisions of
Order XXIII, Rule 3 of the Code of Civil Procedure 1908:

(a) Has to be in writing

(b) Has to be in writing and duly signed by the respective parties
(c) May not be in writing
(d) Has to be in writing but may not be signed.

37. Compromise under Order XXIII, Rule 3 of C.P.C.

(a) Must be in writing and signed by the parties
(b) Must be in writing but need not be signed by the parties
(c) Must be in writing but need not be lawful
(d) None of the above

38. Whether an order of temporary prohibitory injunction granted under Order 39, Rule 1 of
the Code of Civil Procedure would automatically revive with the restitution of suit which was
dismissed for default?
(a) No
(b) Yes
(c) At the discretion of the Court
(d) None

39. If a party commits breach of an order of temporary injunction _

(a) it would be punished for contempt of court
(b) it would be ned
(c) it's property may be attached
(d) none of the above

40. Under Civil Procedure Code, defendant can ask for temporary injunction against the
plaintiff if—
(a) There appears to be a danger that plaintiff would waste or alienate the suit property
(b) The plaintiff threatens to dispose off the property with a view to defrauding his creditors
(c) Plaintiff threatens the defendant to dispossess him from the suit property.
(d) All of them

41. A temporary injunction can be granted to a party establishing

(a) a prima facie case in his favour
(b) balance of convenience in his favour
(c) irreparable injury to him in the event of non-grant of injunction
(d) all of the above

42. Civil Procedure Code provides for

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 (a) temporary injunction
(b) permanent injunction
(c) mandatory injunction
(d) none of the above

43. The Court shall not grant temporary injunction where:

(a) Any property, in dispute, in a suit is in danger of being wasted, damaged or alienated
by any party
(b) Where plaintiff can be compensated by money
(c) That the defendant threatened to remove or dispose of the property with a view to
defrauding his creditors
(d) None of the above

44.Which of the following statements is incorrect:

(a) Temporary injunction may be granted only at the time of institution of a suit
(b) Temporary injunction may be granted at any stage of a suit
(c) Temporary injunctions are regulated by the Code of Civil Procedure, 1908
(d) Temporary injunctions are a form of preventive relief

45. What is incorrect about a temporary injunction:

(a) It nally settles the mutual rights of the parties and directs a party for all time to do or
abstain from doing a thing
(b) Can be granted ex-parte
(c) Preserves the property in dispute in status quo till the disposal of suit
(d) Continues unless a speci c time

46. Which of the following combinations are correctly matched?

1. Interpleader Suit - Order XXXV, CPC
2. Judgment and Decree - Order XX, CPC
3. Withdrawal and Adjustment of Suits- Order XXIII, СРС
4. Payment into Court - Order XXI, CPC
Select the correct answer:
(a) 2, 3 and 4
(b) 1,2 and 3
(c) 1, 3 and 4
(d) 1,2 and 4

47. Match List-I with List-II and give correct answer by using the code given below:

List-I
A) Adjournment
B) Execution of Decree and orders
C) Plaint
D) Af davit
List-II
1. Order XIX, СРС
2. Order XVII, СРС
3. Order XXI, CPC
4. Order VII, CPC
Code:
(a) (A)-4, (B)-2, (C)-3, (D)-1
(b) (A)-3, (B)-2, (C)-1, (D)-4
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(c) (A)-1, (B)-2, (C)-3, (D)-4
(d) (A)-2, (B)-3, (C)-4,, (D)-1

48. In cases where amount or value of subject matter does not exceed fty rupees, the
period of detention under order XXXVIII, Rule 4 cannot exceed

(a)two weeks
(b)six weeks
(c)two months
(d)three months

49. 'The 'plaint' should be led in duplicate, this rule was inserted by:
(a) Code of Civil Procedure (Amendment)
Act, 1976
(b) Code of Civil Procedure (Amendment)
Act, 1999
(c) Code of Civil Procedure (Amendment)
Act, 2002
(d) None of the above

50. Issues must be con ned to:

(a) Facta Probanda
(b) Facta Probantia
(c) Both (a) and (b)
(d) Oral Examination

51. Attachment of property attached shall remain operative under Order 39, Rule 2A of CPC
for a period of:
(a) six months
(b) three months
(c) one year
(d) seven years

52. Period of detention in civil imprisonment, as a consequence of disobedience or breach

of any injunction shall not exceed:
(a) one month
(b) three months
(c) six months
(d) one year

53. Which of the provision C.P.C. deals with consequences of disobedience of an injunction
granted by Court?
(a) Order 39, Rule 1
(b) Order 39, Rule 2
(c) Order 39, Rule 2A
(d) Order 39, Rule 3

54. Under Order 39, Rule 2A of CPC, what order may the Court pass against the party who
is guilty of breach of injunction?
(a) Attachment of property of the guilty
(b) Payment of compensation
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 (c) Decreeing the suit against the guilty
(d) Payment of cost

55. Where any injunction is passed without giving notice to opposite party the court will try to
decide the application within:
(a) 7 days
(b) 15 days
(c) 21 days
(d) 30 days

56.Upon grant of ex-parte injunction the plaintiff has to comply with the proviso to Order
XXXIX, Rule 3 of the CPC, by ling an af davit:
(a) Within seven days from the date on which injunction is granted.
(b) Within three days from the date on which such injunction is granted.
(c) On the day on which injunction is granted or on the day immediately following that day.
(d) Within fteen days from the date on which injunction is granted.

57. In a case of breach of terms on which injunction was granted under Civil Procedure
Code, 1908 the court may pass an order of
(a) attachment and sale of property.
(b) attachment of property and detention in civil prison.
(c) arrest and detention in civil prison for 3 months.
(d) (a) and (c) both

58. Where an interim injunction has been granted without notice to the opposite party and
the Plaintiff fails to comply with the provisions of Order XXXIX, Rule 3, CPC:
(a) The ex-parte injunction lapses on the expiry of the time for compliance.
(b) The ex-parte injunction would necessarily be liable to be vacated.
(c) The Court can extend the time for compliance of Order XXXIX, Rule 3, CPC even after
the Defendant has appeared and led written statement.
(d) The ex-parte injunction would be vacated if the non-compliance is prejudicial to the
defendant.
59. In case of breach of any of the terms on which temporary injunction was granted, the
court may order
(a)the person in breach to be detained in civil prison for inde nite period but not after the
breach has ceased.
(b)a temporary injunction restraining the foreign court can be granted if there is a prior
pending suit in India, irrespective of where the defendant residers or carries on
business.
(c)a temporary injunction restraining the defendant from prosecuting the foreign suit can
be granted if the defendant is amenable to the jurisdiction of the court.
(d)All these

60. An order passed under Order XXXIX, Rule1, CPC can be challenged by ling
(a) an appeal
(b) a writ petition
(c) a revision petition
(d) None of these

61. Under which one of the following provisions of the Civil Procedure Code, 1908
consequences of disobedience or breach of injunction has been described?
(a) Order XXXII
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 (b) Order XXXIII
(c) Order XXXIX, Rule 2A
(d) None of the above

62. Order XXXIX, Rule 2 of the Civil Procedure Code deals with
(a) Attachment before judgement
(b) Temporary Injunction
(c) Execution of Decree
(d) Appointment of Receiver

63. The Civil Court can grant an injunction without issuing notice to the defendant,
(a) In all cases.
(b) Only if the object of granting injunction would be defeated by delay and after recording
reasons therefor.
(c) If the plaintiff offers some security for loss occasioned to the defendant by such ex-
parte order.
(d) In no circumstances.

64. Interlocutory order are issued by civil court

(a) during pendency of civil proceedings
(b) to summon the person
(c) for execution of decree
(d) for attachment of property

65.Defendant can claim temporary injunction in a suit led by the plaintiff (a)
(a) To prevent the suit property being alienated or damaged
(b) prevent the plaintiff from dispossessing defendant from the suit properly
(c) To prevent the plaintiff from causing any legal injury to the defendant
(d) All of the above

66. X' les a suit for declaration of title and permanent injunction against Y' and les an
application for temporary injunction under Order XXXIX, Rule 1(c), CPC.
The Court dismisses the application for temporary injunction. 2 months later, during the
pendency of the suit, X again les for temporary injunction under Order XXXIX Rule 1(c),
CPC, citing new facts and changed circumstances.
(a) the second application is barred by res judicata.
(b) Res judicata does not apply to interlocutory orders like temporary injunctions.
(c) the decision given by the court on the rst application is binding throughout the
pendency of the trial and can be altered only on appeal.
(d) the second application is barred by the principle of res sub judice.

67. In a suit for permanent injunction against a defendant company, the Plaintiff sought an
interim injunction restraining the defendant from prosecution the suit in a foreign court,

(a) temporary injunction can be granted restraining the foreign court from proceeding with
the suit.
(b) A temporary injunction restraining the foreign court can be granted if there is a prior
pending suit in India, irrespective of where the defendant resides or carries on business
(c) at temporary injunction restraining the defendant from prosecuting the foreign suit can
be granted if the defendant s amenable to the jurisdiction of the court
(d) ll the above.
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68.A warrant of arrest before judgment under section 91 of CPC against a defendant can be
issued under Order XXXVIII, Rule 1 of CPC
(a) if the defendant has absconded or left the local limits of the jurisdiction of the court if
the defendant is about to abscond or leave the local limits of jurisdiction of the
court
(b) if the defendant is about to abscond or leave the local limits of jurisdiction of the court
outside the local limits of the jurisdiction of the court
(c) If the defendant removes the property outside the local limits of the jurisdiction of the
court
(d) all the above.

69. Security for appearance can be required to be furnished by the defendant

(a) under Order XXXVIII, Rule 1 of CPC
(b) under Order XXXVIII, Rule 2 of CPC
(c) under Order XXXVIII, Rule 3 of CPC
(d) under Order XXXVIII, Rule 4 of CPC.

70. When the defendant fails to furnish the security demanded from him, he can be detained
in prison for a maximum period of
(a) two weeks
(b) six weeks
(c) six moths
(d) two months.
 (1) A (2) B (3) B (4) D (5) B
(6) B (7) B (8) D (9) B (10)D
(11) B (12) D (13) A (14)B (15)B
(16) C (17) C (18) D (19)C (20)A
(21) D (22) C (23) C (24)A (25)D
(26) A (27) D (28) D (29)C (30)C
(31) B (32) C (33) B (34)D (35)D
(36) B (37) A (38) A (39)C (40)A
(41) D (42) A (43) B (44)A (45)A
(46) B (47) D (48) B (49)B (50)A
(51) C (52) B (53) C (54)A (55)D
(56) C (57) D (58) B (59)C (60)A
(61) C (62) B (63) B (64)A (65)A
(66) B (67) C (68) D (69)B (70)C