Civil Procedure Basics MCQs (Set-1)

In India, what does CPC commonly refer to?

A Indian Contract Act
B Civil Courts Act
C Code of Civil Procedure
D Code of Criminal Procedure

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

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

What kind of law does the CPC primarily provide?

A Constitutional law
B Taxation law
C Substantive criminal law
D Procedural law

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

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

What doctrine bars retrial of an issue already finally decided?

A Lis pendens
B Res judicata
C Estoppel by conduct
D Res sub judice

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

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

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

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

Order I primarily regulates what?

A Execution of decrees
B Parties to suits
C Court fees
D Appeal procedure

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

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

Which pleading formally starts an ordinary civil suit?

A Execution petition
B Written statement
C Memorandum of appeal
D Plaint

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

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

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

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

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

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

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

How does a defendant ordinarily respond to a plaint?

A Execution application
B Written statement
C Commission report
D Memorandum of appeal

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

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

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

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

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

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

Where are material issues framed and settled under the CPC?

A Order XXIII
B Order XIV
C Order XVII
D Order VI

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

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

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

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

Which decree resolves the suit completely?

A Interim direction
B Preliminary decree
C Summons order
D Final decree

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

Which CPC order principally governs execution of decrees?

A Order XIV
B Order IX
C Order XXXIX
D Order XXI

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

Which mechanism can enforce a money decree?

A Attachment and sale
B Fresh criminal trial
C Automatic wage increase
D Cancellation of pleadings

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

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

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

Which provision allows review by the court?

A Section 89
B Section 9
C Section 114
D Section 35

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

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

Which CPC order provides for temporary injunctions?

A Order XXXIX
B Order XL
C Order XXIII
D Order XXI

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

Which CPC order deals with appointment of a receiver?

A Order XLIII
B Order XL
C Order XX
D Order XXXIII

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

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