Answer: C. Code of Civil Procedure. The Code of Civil Procedure, 1908 is commonly abbreviated as the CPC.
What is the Act number of the Code of Civil Procedure, 1908?
A Act No. 6 of 1908
B Act No. 4 of 1908
C Act No. 5 of 1908
D Act No. 5 of 1909
Answer: C. Act No. 5 of 1908. The Code of Civil Procedure is Act No. 5 of 1908.
On what date did the CPC generally take effect?
A 26 January 1950
B 1 January 1909
C 21 March 1908
D 1 January 1908
Answer: B. 1 January 1909. The Code generally came into force on 1 January 1909.
What kind of law does the CPC primarily provide?
A Constitutional law
B Taxation law
C Substantive criminal law
D Procedural law
Answer: D. Procedural law. The CPC sets out civil court procedure rather than defining most substantive rights.
Civil courts draw their general jurisdiction over civil suits from which CPC section?
A Section 96 CPC
B Section 26 CPC
C Section 11 CPC
D Section 9 CPC
Answer: D. Section 9 CPC. Section 9 gives civil courts jurisdiction over suits of a civil nature unless jurisdiction is expressly or impliedly barred.
When may a civil-nature suit fall outside Section 9?
A Only with consent
B When no appeal exists
C Expressly or impliedly barred
D Whenever damages are claimed
Answer: C. Expressly or impliedly barred. Section 9 applies unless cognizance is expressly or impliedly barred.
What doctrine bars retrial of an issue already finally decided?
A Lis pendens
B Res judicata
C Estoppel by conduct
D Res sub judice
Answer: B. Res judicata. Section 11 embodies res judicata, subject to its statutory conditions.
Why can a later suit be stayed under Section 10?
A The claim is unproved
B A decree was executed
C Earlier suit pending
D The parties settled privately
Answer: C. Earlier suit pending. Section 10 can stay trial of a later suit when the same matter is already pending between the same parties litigating under the same title in a competent court.
How does Section 15 guide the choice of trial court?
A Highest court available
B Lowest-grade competent court
C Any nearby court
D The appellate court
Answer: B. Lowest-grade competent court. Section 15 directs institution in the court of the lowest grade competent to try it.
For a suit concerning immovable property, what generally sets the territorial venue?
A Where property is situated
B Place of contract signing
C Plaintiff’s birthplace
D Defendant’s preferred court
Answer: A. Where property is situated. Section 16 generally places suits concerning rights in immovable property where the property is situated, subject to statutory exceptions.
Under Section 20, where may many other suits be filed?
A Supreme Court only
B Plaintiff’s birthplace only
C Any state capital
D Defendant or cause location
Answer: D. Defendant or cause location. Section 20 generally looks to where a defendant resides or carries on business, or where the cause of action wholly or partly arises.
Order I primarily regulates what?
A Execution of decrees
B Parties to suits
C Court fees
D Appeal procedure
Answer: B. Parties to suits. Order I addresses parties to suits, including joinder and representative proceedings.
Why does Order II Rule 2 generally require the whole claim in one suit?
A Avoid written statements
B Prevent claim splitting
C Shorten every hearing
D Limit court jurisdiction
Answer: B. Prevent claim splitting. Order II Rule 2 aims to prevent a plaintiff from splitting a cause of action or omitting part of a claim without permission.
Under Order IV, how is a suit usually instituted?
A Presentation of plaint
B Recording oral evidence
C Serving a summons
D Filing an appeal
Answer: A. Presentation of plaint. Order IV provides for institution of suits by presenting a plaint to the court or its appointed officer.
Which pleading formally starts an ordinary civil suit?
A Execution petition
B Written statement
C Memorandum of appeal
D Plaint
Answer: D. Plaint. A civil suit is ordinarily instituted by presenting a plaint under Section 26 and Order IV.
What is the central purpose of pleadings under Order VI?
A State material facts
B Present every document
C Record witness testimony
D Summarize final arguments
Answer: A. State material facts. Pleadings define the parties’ cases by stating material facts in concise form.
What does Order VI Rule 15 require for verification?
A Approval by appellate court
B Registration with the police
C Verification by an authorized person
D Only a judge’s signature
Answer: C. Verification by an authorized person. Pleadings are verified by a party or another person acquainted with the facts, in the manner required by Order VI Rule 15.
When may a court allow amendment after trial begins?
A Never after filing
B Only after judgment
C Whenever either party asks
D Could not raise despite diligence
Answer: D. Could not raise despite diligence. After trial has commenced, Order VI Rule 17 requires the court to find that despite due diligence the matter could not have been raised earlier.
What details does Order VII Rule 1 require in a plaint?
A Appeal grounds only
B Witness conclusions only
C Execution steps only
D Court, parties, relief, jurisdiction
Answer: D. Court, parties, relief, jurisdiction. Order VII Rule 1 lists particulars including the court, parties, cause of action, jurisdiction, relief, and valuation.
What does a cause of action describe?
A The court’s daily schedule
B Facts supporting the claim
C The judge’s final reasons
D A list of witnesses
Answer: B. Facts supporting the claim. A cause of action consists of facts that give the plaintiff a basis to seek relief.
Under Order VII Rule 11, which situation can justify rejecting a plaint?
A No cause of action disclosed
B Defendant denies allegations
C Evidence is contested
D A witness is unavailable
Answer: A. No cause of action disclosed. Order VII Rule 11 includes rejection where the plaint does not disclose a cause of action, among other specified grounds.
How does Order VII Rule 10 differ from rejection under Rule 11?
A Transfer witness testimony
B Decide the merits
C Return for proper court
D Dismiss the appeal
Answer: C. Return for proper court. Rule 10 provides for returning a plaint for presentation to the proper court; Rule 11 lists grounds for rejection.
How does a defendant ordinarily respond to a plaint?
A Execution application
B Written statement
C Commission report
D Memorandum of appeal
Answer: B. Written statement. A written statement is the defendant’s pleading responding to the plaint under Order VIII.
What does a legal set-off generally require?
A Ascertained, legally recoverable sum
B A criminal conviction
C A future business loss
D An unliquidated injury claim
Answer: A. Ascertained, legally recoverable sum. Order VIII Rule 6 concerns a qualifying money claim for an ascertained sum legally recoverable by the defendant from the plaintiff.
What can a defendant seek through a counterclaim?
A A claim against the judge
B A criminal prosecution
C Defendant’s claim against plaintiff
D Only a witness summons
Answer: C. Defendant’s claim against plaintiff. A qualifying counterclaim lets the defendant assert a claim against the plaintiff in the same suit under Order VIII Rule 6A.
Why does the court issue a summons under Order V?
A Order immediate execution
B Announce the final judgment
C Notify defendant about proceedings
D Appoint a receiver
Answer: C. Notify defendant about proceedings. A summons gives the defendant notice of the suit and requires appearance or a response as directed.
What is the usual procedural purpose of serving a summons?
A A final merits ruling
B Proof of ownership
C Notice and appearance date
D Appointment of counsel
Answer: C. Notice and appearance date. Service informs the defendant of the proceeding and the required appearance or response.
If a defendant stays absent after valid service, what may the court do?
A Automatically grant every claim
B Proceed ex parte
C Transfer the suit abroad
D Cancel the plaint
Answer: B. Proceed ex parte. Under Order IX Rule 6, the court may proceed ex parte when summons was duly served and the defendant does not appear, subject to the rule.
What can a defendant apply for to challenge an ex parte decree?
A Order IX Rule 13
B Order XIV Rule 1
C Order XXXIX Rule 2
D Order XXI Rule 1
Answer: A. Order IX Rule 13. Order IX Rule 13 allows an application to set aside an ex parte decree on the rule’s stated grounds.
Where are material issues framed and settled under the CPC?
A Order XXIII
B Order XIV
C Order XVII
D Order VI
Answer: B. Order XIV. Order XIV governs settlement and framing of issues.
What do framed issues identify for trial?
A Disputed material propositions
B The appeal deadline
C Every admitted document
D The court’s final costs
Answer: A. Disputed material propositions. Issues identify material propositions of fact or law that one party asserts and the other denies.
In CPC terms, what is a judgment?
A A party’s written pleading
B Judge’s statement of reasons
C An execution warrant
D A court fee receipt
Answer: B. Judge’s statement of reasons. The CPC defines judgment as the statement given by the judge of the grounds of a decree or order.
What does a decree formally express?
A A witness’s personal view
B A lawyer’s written advice
C Conclusive determination of rights
D A temporary court notice
Answer: C. Conclusive determination of rights. A decree formally expresses an adjudication that conclusively determines the parties’ rights regarding matters in controversy.
When is a decree described as preliminary?
A It decides no rights
B It is an appeal
C Further matters remain
D The suit was never filed
Answer: C. Further matters remain. A preliminary decree determines rights but leaves further proceedings or matters before the suit is completely disposed of.
Which decree resolves the suit completely?
A Interim direction
B Preliminary decree
C Summons order
D Final decree
Answer: D. Final decree. A final decree completely disposes of the suit, subject to the CPC framework.
How is an order distinguished from a decree?
A Order is a pleading
B Order does not constitute decree
C Decree is only temporary
D Order always ends litigation
Answer: B. Order does not constitute decree. The CPC defines an order as the formal expression of a civil court decision that is not a decree.
Which CPC order principally governs execution of decrees?
A Order XIV
B Order IX
C Order XXXIX
D Order XXI
Answer: D. Order XXI. Order XXI contains the principal procedure for execution of decrees and orders.
Who is the decree-holder?
A Person who serves summons
B Witness named in plaint
C Judge who signs judgment
D Person receiving decree benefit
Answer: D. Person receiving decree benefit. The CPC describes a decree-holder as a person in whose favour a decree has been passed or an executable order made.
Which mechanism can enforce a money decree?
A Attachment and sale
B Fresh criminal trial
C Automatic wage increase
D Cancellation of pleadings
Answer: A. Attachment and sale. Subject to the CPC’s rules and protections, attachment and sale of property can be a mode of executing a money decree.
Under Section 96, what kind of appeal is generally available?
A Appeal from every order
B Appeal against every interim step
C Appeal to any tribunal
D Appeal from original decree
Answer: D. Appeal from original decree. Section 96 provides for appeals from original decrees, subject to statutory exceptions.
When does Section 100 permit a second appeal to High Court?
A A new witness appears
B Any factual disagreement
C The decree seems unfair
D Substantial question of law
Answer: D. Substantial question of law. A second appeal lies only where the case involves a substantial question of law, subject to the section’s requirements.
Does filing an appeal automatically stay execution?
A No, unless court orders
B Yes, in every case
C Only if parties agree
D Yes, for one year
Answer: A. No, unless court orders. An appeal does not itself stay execution; a stay requires an order under the applicable rules.
Which provision allows review by the court?
A Section 89
B Section 9
C Section 114
D Section 35
Answer: C. Section 114. Section 114, read with Order XLVII, addresses review by a court in specified circumstances.
What is revision under Section 115 mainly concerned with?
A Jurisdictional error grounds
B A full factual retrial
C Routine appeal deadlines
D Reviewing witness credibility
Answer: A. Jurisdictional error grounds. Section 115 gives the High Court limited revisional jurisdiction over specified jurisdictional errors, not a general appeal.
Under Section 89, what may a court encourage to resolve a dispute?
A A compulsory appeal
B A second trial automatically
C A criminal investigation
D Alternative dispute resolution
Answer: D. Alternative dispute resolution. Where elements of settlement appear, Section 89 allows referral to specified alternative dispute resolution processes.
Which CPC order provides for temporary injunctions?
A Order XXXIX
B Order XL
C Order XXIII
D Order XXI
Answer: A. Order XXXIX. Order XXXIX provides for temporary injunctions and certain interlocutory orders.
Besides a prima facie case, what must an injunction applicant generally show?
A Balance plus irreparable injury
B A final decree already
C A completed appeal
D A criminal charge
Answer: A. Balance plus irreparable injury. Courts commonly assess a prima facie case, balance of convenience, and risk of irreparable injury when considering interim injunctions.
Which CPC order deals with appointment of a receiver?
A Order XLIII
B Order XL
C Order XX
D Order XXXIII
Answer: B. Order XL. Order XL provides for appointment of receivers in cases where the court considers it just and convenient.
What can the court ordinarily award under Section 35?
A A new cause of action
B Litigation costs
C Criminal punishment
D A legislative amendment
Answer: B. Litigation costs. Section 35 addresses costs, subject to the CPC and other applicable law.
When can Section 151’s inherent powers be used?
A Prevent injustice or abuse
B Override every statute
C Create subject jurisdiction
D Replace all appeal rules
Answer: A. Prevent injustice or abuse. Section 151 preserves inherent powers needed to meet the ends of justice or prevent abuse of the court’s process.