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civil procedure 1908 MCQs

Practise focused civil procedure 1908 questions with marked answers for exam preparation and subject revision.

civil procedure 1908 Mcqs
1. As per O. XIII, Rule 1 of C.P.C. documentary evidence to be produced at_______________?
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A. After recording oral evidence

B. None of the these

C. First hearing

D. At the end of trial

2. O.XXVII, of C.P.C deals with_______________?
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A. Suit by or against the Government

B. Suit by or against public officers in the officials capacity

C. Both (a) and (b)

D. None of the these

3. O. XVI, of C.P.C deal with____________________?
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A. Summoning to attendance of plaintiff

B. Summoning to attendance of defendants

C. Summoning to attendance of witnesses

D. None of the these

4. O. XXXIV, R. 3, of C.P.C. deals with __________________ decree in foreclosure suit?
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A. Preliminary

B. Final

C. Both A and B

D. None of the these

5. In a case where parties claiming to be interested in the decision of any question of fact or law for the purpose of obtaining opinion of the Court, the case is__________________?
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A. Case of special nature

B. Case of routine matter

C. Case of pecuniary matter

D. None of the these

6. Where a question arises as to whether any person is or is not the legal representatives of the deceased plaintiffs or defendants such question shall be determined by__________________?
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A. The Court as provided in O. XXII, R. 5, of C.P.C

B. The relevant parties as provided in O. XXII, R. 5, of C.P.C

C. The heirs of the deceased as provided in O. XXII, R. 5, of C.P.C

D. None of the these

7. As per O. VIII, R. 6, particular of set off to be given in___________________?
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A. Plaint

B. Written statement

C. Both A and B

D. None of the these

8. An order under Rule 9, Order IX, rejecting an application for an order to set aside the dismissal of a suit is__________________?
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A. Appealable

B. None of the these

C. Reviewable

D. Revisable

9. Order XII, of C.P.C. is about___________________?
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A. Admissions in pleadings

B. Admissions

C. Admissions in cross examination

D. None of the these

10. Order XXXVIII, Rule 1 deals with___________________?
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A. None of the above

B. Security of plaintiff for appearance

C. None of the these

D. Security of defendant for appearance
11. As per Order VI, Rule 18, of C.P.C. A party allowed for amendment can amend the pleading within_________________?
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A. 14 days

B. 10 days

C. 18 days

D. None of the these

12. When a witness for attendance of whom summons were issued intentionally avoid from receiving summons the Court may make order for___________________?
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A. Proclamation

B. Attachment of that witness property

C. Both (a) and (b)

D. None of the these

13. The reply of the plaint filed by the defendant is familiar as____________________?
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A. Written Statement

B. None of the these

C. Written reply

D. Reply

14. The term substituted service means_________________?
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A. Service of process upon defendant in any way

B. Service of process made under authorization of Court upon defendants

C. Both (a) and (b)

D. None of the these

15. Order XXV, contains _______________ Rules?
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A. 1

B. None of the these

C. 3

D. 2
16. Proclamation in news papers is also a type of______________________?
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A. Substituted service

B. Ordinary service

C. None of the these

D. Special service

17. O. XXI, of C.P.C. contains _________________ Rules?
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A. 83,

B. 103,

C. 93,

D. None of the these

18. O. XL, Rule 3 of C.P.C deals with appointment of______________ as receiver?
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A. Judge

B. Any person

C. Collector

D. None of the these

19. O. XX, of C.P.C. deals with__________________?
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A. None of the above

B. None of the these

C. Execution of decrees

D. Judgment and decree
20. In pre-emption decree in respect of purchase of property the purchasing money shall be paid __________________?
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A. None of the these

B. In the Court

C. To revenue department

D. To the vendee

21. No review petition can be granted without serving_______________?
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A. Notice to opposite party

B. Notice to Revenue Officers

C. None of the these

D. Notice to Court Officer

22. The evidence of the witnesses in attendance to be taken orally in_________________?
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A. Open Court

B. None of the these

C. Beyond Court

D. None of the above

23. Order XLI, Rule 5(1) of C.P.C. deals with_________________?
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A. None of the these

B. Stay of suit by Trial Court

C. Stay of any order

D. Stay of execution by Appellate Court
24. No review petition can be granted without serving_______________?
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A. Notice to opposite party

B. Notice to Court Officer

C. Notice to Revenue Officers

D. None of the these

25. A decree for which appeal is allowed but not made the effected party may_______________?
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A. Apply for revision

B. Apply for review

C. Both A and B

D. None of the these

26. The person who brought the suit or file a suit is called_________________?
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A. Plaintiff

B. Defendant

C. Both (a) and (b)

D. None of the these

27. When any party make application to the Court for issuance of local commission underO. XXVI Rule 2, the application______________________?
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A. Depends upon Courts discretion

B. Must be with affidavit

C. non of these

D. Is sufficient without affidavit

28. To become plaintiff in any suit it is required the interest of plaintiff must be________________?
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A. In dispute

B. Attached to the litigation

C. Both A and B

D. None of the these

29. The term Pleading means__________________?
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A. Plant

B. Written statement

C. Both (a) and (b)

D. None of the these

30. Every document produced in Court___________________?
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A. Can be submitted without endorsement

B. Shall be endorsed

C. Both A and B

D. None of the these

31. As per O. XIII, Rule 3, the Court__________________?
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A. Can reject irrellevant and inadmissible document at any stage

B. Can submit documents at any stage

C. Both (a) and (b)

D. None of the these

32. O. XXI, Rule 1 of C.P.C. deals with____________________?
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A. Modes of paying money under decree

B. Modes of execution

C. Modes of decree transfer

D. None of the these

33. The Court may by general or special order fix the amount to be paid as______________ for the service of receiver?
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A. Commission

B. Salary

C. None of the these

D. Remuneration
34. Where commission is issued under Order XXVI, the Court shall direct that the parties of the suit shall appear before the Commissioner ?
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A. In persons

B. Through agent or pleader

C. Both A and B

D. None of the these

35. Where the subject matter of the suit is movable property the decree shall contain the_______________?
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A. Description of such property

B. Value of the property

C. Both (a) and (b)

D. None of the these

36. As per Order V, Rule 2 the summon shall be accompanied by copy of__________________?
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A. Document upon which plaintiff rely

B. Plaint

C. Both (a) and (b)

D. None of the these

37. O. XXXIX, R. 6 to 10 of C.P.C. deals_______________?
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A. Interlocutory orders

B. None of the these

C. Final orders

D. Permanent injunction

38. Under O. IX, Rule 5, of C.P.C. empowers the Court to dismiss the suit when summons are unserved and plaintiff failed to apply for fresh summons________________?
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A. For a period of 3 months

B. For a period of 4 months

C. For a period of 5 months

D. None of the these

39. In light of O. XVI, Rule 4, of C.P.C. in case of deficiency of fee for summoning witnesses the Court may__________________?
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A. Order to pay the fee from Government treasury

B. None of the above

C. None of the these

D. Order to attach or sale moveable property of applying person
40. O._________ of C.P.C. deals with adjournments ?
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A. XVII,

B. XVIII,

C. Both (a) and (b)

D. None of the these

41. No suit shall be defeated by reason of __________________ as provided in Order, 1, Rule 9 ?
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A. None of the these

B. Mis-joinder and non joinder of the parties

C. None of the above

D. Lack of documents

42. Not later than_____ days after settlement of issues the parties shall present in the Court list of witnesses whom they proposed to call as witness or to produce documents___________________?
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A. 7

B. None of the these

C. 10

D. 14

43. The Court may grant time and adjourn hearing as provided in O. XVII, Rule 1, when________________?
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A. Court is busy

B. None of the these

C. Any party request for adjournment with sufficient cause

D. Any party intend to do so

44. Order XLIV, of C.P.C deals with____________________?
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A. Special appeals

B. None of the these

C. Peuper appeal

D. Appeals against foreign judgment

45. The procedure for admission of appeal is provided in_________________?
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A. None of the these

B. Order XLV, Rule 10, of C.P.C.

C. Order XLV, Rule 8, of C.P.C.

D. Order XLV, Rule 9, of C.P.C.

46. O. IX-A of C.P.C. deals with_____________________?
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A. Setting aside exparte orders

B. Intermediate dates after submission of application

C. Both (a) and (b)

D. None of the these

47. When as per O. XVI, Rule, Rule 10, of C.P.C. due to non appearance of a witness attached property can be released_________________?
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A. If he denied to record evidence

B. If he show sufficient good cause for his non appearance before court

C. If he is beyond country

D. None of the these

48. O. XXXV, of C.P.C deals with__________________?
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A. Mortgage suits

B. Interpleader suits

C. Service matters suits

D. None of the these

49. Section ______________________ of C.P.C deals with inherent powers of Court?
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A. 152, C.P.C

B. None of the these

C. 151, C.P.C

D. 150, C.P.C

50. The Order of C.P.C. dealing with suits by of against trustees executors and administrators is _________________?
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A. None of the above

B. None of the these

C. Order XXXI, of C.P.C

D. Order XXX, of C.P.C