Code Of Civil Procedure
Muserwiz
Convenor: Ravikant Deshmukh
- 1.
Preliminary decree can be passed in a suit
- A.
For partition
- B.
Of partnership
- C.
For possession and mesne profits
- D.
All of the above
Correct Answer
D. All of the aboveExplanation
A preliminary decree can be passed in a suit for partition, which refers to the division of property among co-owners. It can also be passed in a suit of partnership, which involves the dissolution and settlement of a business partnership. Additionally, a preliminary decree can be passed in a suit for possession and mesne profits, which deals with the recovery of possession of property and the compensation for its use. Therefore, the correct answer is "All of the above" as all these scenarios can warrant the passing of a preliminary decree in a suit.Rate this question:
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- 2.
Preliminary decree is one
- A.
Which determines the rights of the parties with regard to some or one of the matters in controversy in the suit but does not Finally dispose of the suit
- B.
Which determines the rights of the parties with regard to some or one of the matters in controversy in the suit, which may have The effect of final disposal of the suit
- C.
Both (a) and (b)
- D.
Neither (a) nor (b)
Correct Answer
C. Both (a) and (b)Explanation
The correct answer is Both (a) and (b). A preliminary decree is a decree that determines the rights of the parties with regard to some or one of the matters in controversy in the suit but does not finally dispose of the suit. It can have the effect of final disposal of the suit if it completely resolves the issues between the parties. Therefore, both options (a) and (b) are correct as they both describe the nature of a preliminary decree accurately.Rate this question:
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- 3.
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) and (b)
- D.
Neither (a) nor (b)
Correct Answer
C. Both (a) and (b)Explanation
A decree becomes final when it conclusively determines the rights of the parties and when no appeal has been preferred against the decree. This means that once a decree has been issued and it settles the rights of the parties involved, it becomes final. Additionally, if no appeal is filed against the decree within the specified time period, it also becomes final. Therefore, both conditions need to be met for a decree to be considered final.Rate this question:
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- 4.
Which of the following is not a decree?
- A.
Dismissal in default
- B.
Rejection of a plaint
- C.
Both (a) and (b)
- D.
Neither (a) nor (b)
Correct Answer
B. Rejection of a plaintExplanation
Dismissal in default and rejection of a plaint are both types of decrees in legal proceedings. Dismissal in default refers to a situation where a case is dismissed because the plaintiff fails to take necessary actions or appear in court. On the other hand, rejection of a plaint occurs when the court refuses to accept a plaintiff's claim due to various reasons such as lack of jurisdiction or non-compliance with legal requirements. Therefore, the correct answer is "Rejection of a plaint" because it is not a type of decree.Rate this question:
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- 5.
'Mesne Profits' as defined under Section 2(12) mean
- 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
Correct Answer
A. Those profits which the person in wrongful possession of such property actually received or might have received together with interestExplanation
Mesne profits, as defined under Section 2(12), refer to the profits that a person in wrongful possession of a property actually received or could have received, including any interest on those profits. This means that it includes not only the actual profits received by the person but also any potential profits that could have been earned, along with any interest that may be applicable.Rate this question:
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- 6.
Foreign judgment as defined under Section 2(6) of CPC means
- A.
Judgment given by an Indian Court in respect of foreigners
- B.
Judgment given by a foreign court
- C.
Both (a) and (b)
- D.
Neither (a) nor (b)
Correct Answer
B. Judgment given by a foreign courtExplanation
The correct answer is "Judgment given by a foreign court." This is because the definition of foreign judgment under Section 2(6) of the CPC specifically refers to a judgment given by a foreign court. It does not include judgments given by an Indian court in respect of foreigners. Therefore, option (b) is the correct answer.Rate this question:
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- 7.
Who amongst the following is not a 'public officer' within the meaning of Section 2(17) of CPC?
- A.
A Judge
- B.
A person in service under the pay of Government
- C.
Sarpanch of a Gram Panchayat
- D.
None of the above.
Correct Answer
C. Sarpanch of a Gram PanchayatExplanation
The correct answer is "Sarpanch of a Gram Panchayat." This is because a 'public officer' within the meaning of Section 2(17) of CPC refers to individuals who hold public office and exercise public functions. Judges and persons in service under the pay of the government are considered public officers as they perform public duties. However, a Sarpanch of a Gram Panchayat is an elected representative and does not hold a public office in the same sense as the other options.Rate this question:
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- 8.
Basis of distribution of the jurisdiction of Indian Courts is
- A.
Pecuniary jurisdiction
- B.
Territorial jurisdiction
- C.
Subject-matter jurisdiction
- D.
All of the above
Correct Answer
D. All of the aboveExplanation
The basis of distribution of the jurisdiction of Indian Courts is determined by pecuniary jurisdiction, territorial jurisdiction, and subject-matter jurisdiction. Pecuniary jurisdiction refers to the monetary value of a case that a court can hear. Territorial jurisdiction determines the geographical area within which a court has the authority to hear cases. Subject-matter jurisdiction refers to the types of cases that a court is competent to handle. Therefore, all three factors play a role in determining the jurisdiction of Indian Courts.Rate this question:
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- 9.
Court of small causes, under Section 3 of CPC, is subordinate to
- A.
District Court
- B.
High Court
- C.
Both (a) and (b)
- D.
Neither (a) nor (b)
Correct Answer
C. Both (a) and (b)Explanation
The Court of Small Causes, as per Section 3 of the CPC (Civil Procedure Code), is subordinate to both the District Court and the High Court. This means that it operates under the authority and supervision of both these higher courts.Rate this question:
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- 10.
Pecuniary jurisdiction of the court has been dealt with in
- A.
Section 3 of CPC
- B.
Section 4 of CPC
- C.
Section 5 of CPC
- D.
Section 6 of CPC
Correct Answer
D. Section 6 of CPCExplanation
The correct answer is Section 6 of CPC. Section 6 of the CPC deals with the pecuniary jurisdiction of the court. Pecuniary jurisdiction refers to the power of a court to hear and decide cases based on the amount of money involved in the dispute. Section 6 specifies the monetary limits for different courts, determining which court has jurisdiction over cases of different values. Therefore, Section 6 of the CPC is the appropriate provision that deals with pecuniary jurisdiction.Rate this question:
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- 11.
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 of the above
Correct Answer
D. All of the aboveExplanation
The principle of res subjudice applies when there are suits between the same parties or litigating under the same title. Additionally, both suits must be pending disposal in a court. Furthermore, the matters in issue in the two suits must be directly and substantially the same. Therefore, all of the above conditions are essential for the application of the principle of res subjudice.Rate this question:
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- 12.
How many grounds of attack the foreign judgment have been provided under Section 13 of CPC?
- A.
Seven
- B.
Six
- C.
Five
- D.
Four
Correct Answer
B. SixExplanation
Section 13 of the CPC provides six grounds of attack for a foreign judgment. These grounds include lack of jurisdiction, fraud, breach of natural justice, conflicting decisions, non-compliance with the foreign law, and the judgment being obtained by an offensive proceeding. Therefore, the correct answer is six.Rate this question:
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- 13.
The court can enlarge the time under Section 148 of CPC for doing any act prescribed or allowed under the CPC, not exceeding in total
- A.
90 days
- B.
60 days
- C.
45 days
- D.
30 days
Correct Answer
D. 30 daysExplanation
Section 148 of the CPC allows the court to extend the time for performing any action required or permitted under the CPC. However, the extension cannot exceed a total of 30 days. This means that if a party needs additional time to complete a particular task, such as filing a document or presenting evidence, they can request an extension from the court, but it cannot exceed 30 days in total.Rate this question:
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- 14.
A suit for compensation for wrong done to the person or to moveable property, where the wrong was done within the local jurisdiction of one court and the defendant resides within the local limits of another court
- A.
Can be instituted in the court within whose local jurisdiction the wrong has been committed
- B.
Can be instituted in the court within whose local jurisdiction the defendant resides
- C.
Either (a) or (b) at the option of the plaintiff
- D.
Anywhere in India
Correct Answer
C. Either (a) or (b) at the option of the plaintiffExplanation
In cases where a wrong has been done within the local jurisdiction of one court and the defendant resides within the local limits of another court, the suit for compensation can be instituted in either of the courts. The plaintiff has the option to choose the court within whose local jurisdiction the wrong has been committed or the court within whose local jurisdiction the defendant resides. Therefore, the correct answer is either (a) or (b) at the option of the plaintiff.Rate this question:
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- 15.
The Civil Procedure Rules 1998 (SI 1998/3132) were made on 10th December 1998 and came into force on
- A.
26th April 1999
- B.
26th October 1999
- C.
26th January 1999
- D.
21st April 1999
Correct Answer
A. 26th April 1999Explanation
The Civil Procedure Rules 1998 (SI 1998/3132) were made on 10th December 1998 and came into force on 26th April 1999. This means that on 26th April 1999, the rules became effective and applicable in legal proceedings.Rate this question:
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