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LEGAL SUCCESS LAW CLASSES, CODE OF CIVIL PROCEDURE TEST, , Duration: 60 Minutes, Date: 08/01/2022, , Total questions: 50, , 1, , ', , 1, , ', , 1, , ', , 1, , 1, , 1, , 1, , ', , 1, , i, , i, , 1. The Code of Civil Procedure came into force with effect from, i, (a) 1 January 1908 {, , (b) 1 September, 1908 i, , (c) 1 January 1909 }, , (d)} 1 September 1909 ‘, , 2. The Code extends to the— i, (a) Whole of India i, , (b) Whole of India except the State of Jammu and Kashmir }, , (c) Whole of India except the State of Nagaland and the tribal areas i, , (a) Both (b) and (c) ;, , 3. Among the following in which Section the term “decree” is define— ;, (a) Section 2(1) ', , (b) Section 2(2) i, , (c) Section 2(a) i, , (d) Section 2(b) i, , 4. Decree includes— i, (a) The rejection of a plaint i, , (b) Any adjudication from which an appeal lies as an appeal from an order i, , (c) Any order of dismissal for default. i, , (d) None of the above i, , 5. Decree includes— }, (a) Any order of dismissal for default i, , (b)} The rejection of a plaint i, , (c) The determination of any question within section 144 {, , (d) Both (b) and (c) above i, , 6. Order of dismissal for default is— i, (a) Preliminary decree ;, , (b) Final decree !, , {c) Partly preliminary partly final decree i, , (d) None of the above {, , 7. Legal representative means/includes i, (a) Person who is law represents the estate of a deceased person i, , (b) Any person who intermeddles with the estate of the deceased i, , (c) The person on whom the estate devolves on the death of the party i, , (d) All of the above i, , 1, , 1, , i, , 1, , i, , 1, , 1, , 1, , ', , i
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ancien LEGAL SUCCESS LAW CLASSES 71, , a), b), c), a), , 8. “Order’ means the formal expression of any decision of a Civil Court which is not, a decree—, (a) Section 2(2), (b) Section 2(12), (c) Section 2(14), (d) Section 2(16), 9. The term ‘public officer’ means—, (a) Every officer in the service remunerated by fees or commission for the, performance of any public duty., (b) Every person who holds any office by virtue of which the is empowered to, place or keep any person in confinement, (c) Both (a) and (b) above, (d) Neither (a) nor (b), 10. Foreign judgment means the judgment of a foreign Court. The term foreign, judgment is defined under Section—, , (a) 2, , (b) 3, , (c) 6, , (a) 13, , 11. Match the following—, List-1 List-2, , () Mesne profits (a) Section 2(11), (i) Legal representative (b) Section 2(13), (ii) | Decree holder (c) Section 2(10), {iv) Judgment-debtor (d) Section 2(12), , @ Gi) Gi) tiv), , i) (a) ), (@) (6) fa) (c), fa) @ €) (), (a) (}) SC), 12. Every. is appealable—, (a) Decree, (b) Order, (c) Both (a) and (b), ({d) Either (a) or (b), 13. Cause of action may be described as—, (a) A bundle of essential facts necessary for the plaintiff to prove, (b) An important subject of litigation, (c) A point in question, (d) All of the above, 14. Which one of the following court has original as well as appellate jurisdiction—, (a) Revenue Court, (b) District Court, , , , LEGAL SUCCESS LAW CLASSES MEERUT MOB : 8851415342
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ancien LEGAL SUCCESS LAW CLASSES (1, , (c) Munsiffs Court i, (d) None of the above j, 15. No suit would lie to set aside a decree on objection as to— i, (a) Subject matter jurisdiction of a court, (b) Territorial jurisdiction of a court, (c) Pecuniary jurisdiction of a court, (d) Both (b) and (c) above, 16. A defendant to a suit against whom no relief is claimed is called, (a) Co defendant, (b) Pro-forma defendant, (c) Interveners i, (d) None of the above :, 17. Section 9 of the Cade confers jurisdiction in—, (a) Civil matter, (b) Political matter, (c) Religion matter, (d) Either (a) or (b) or (c), 18. Among the following which are suits of a Civil nature—, (a) Suit relating to rights to worship, (b) Suit relating to right to shares in offerings, (c) Suits for upholding mere dignity or honour, (d) Both (a) and (b) above, 19. Among the following which are suits of civil nature—, (a) Suits for recovery of voluntary payments or offerings, (b) Suits involving principally caste questions, (c) Suits relating to taking out of religious processions i, (d) None of the above, 20. A Civil Court has jurisdiction to try a civil suit unless its cognizance is barred—, (a) Expressly, (b) impliedly, (c) Either (a) or (b), (d} Only (a) not (b), 21, Mark the incorrect statement,, (a) A statute ousting jurisdiction of a Court must be strictly construed, (b) Every Court has inherent power to decide the question of its own jurisdiction, (c) Consent can neither confer nor take away jurisdiction of a Court, (d) None of the above, 22. Mark the Correct statement—, (a) There is no distinction between want of jurisdiction and irregular exercise, thereof., (b) Every presumption should be made in favour of jurisdiction of a Civil Court, (c) Both (a) and (b) above, (d) Neither (a) nor (b), 23, Jurisdiction of a Court depends upon the__, (a) Averments made in a plaint, (b) Defence in the written statement, (c) Both (a) and (b) above, (d) None of the above, , emer, LEGAL SUCCESS LAW CLASSES MEERUT MOB : 8851415342 Page 3i, '
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ancien LEGAL SUCCESS LAW CLASSES (1, , 24. Doctrine of res sub judice is provided under Section— i, (a) 9 j, (b) 10 i, (c) 11, (a) 12, , 25. Section 10 of the Code deals with—, (a) Stay of civil suits, (b) Puts a bar upon the institution of a civil suits, (c) (A) and (b) both above, (d) Neither (a) nor (b), , 26. Which of the following is based upon equity— i, (a) Res judicata :, (b) Res subjudice, (c) Estoppels, (d) None of the above, , 27. The Code of Civil Procedure was enacted on(a) 21/03/1908, (b) 21/06/1908, (c) 31/12/1908, (d} 21/09/1909, , 28. Among the following., (a) Decree, (b) Order, (c) Judgment, (d) Application, , 29. A statement given by Judge on the ground of decree or order is called___ i, (a) Plain }, (b) Written statement, (c) Judgment, (d) Summons, , 30. The term ‘Resjudicata" means—, (a) Stay of proceeding, (b) Further proceeding, (c) A matter already adjudicated, (d} None of the above, , 31. Which of the following amendments was introduced by the Code of Civil, Procedure (Amendment) Acts 1999 and 2002(a) Number of adjournments has been restricted, (b) Provision for out of Court settlement has been introduced, (c) Scope of appeals curtailed, (d) All of the above, , 32. The Code of Civil Procedure (Amendment) Act, 2002 came into force on—, (a) 1“ April 2002, (b) 1" July 2002, (c) 1* September 2002, (d) 31* December 2002, , 33. A decree becomes final—, (a) When no appeal has been preferred against the decree, , Sl, LEGAL SUCCESS LAW CLASSES MEERUT MOB : 8851415342 Page 4, :, , conclusively determines the rights of the parties—
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ancien LEGAL SUCCESS LAW CLASSES (1, , (b) When it conclusively determines the right of the parties i, (c) Both (a) and (b) above j, (d) Neither (a) nor (b) i, 34, A decree, when an adjudication completely disposes of the suit, is—, (a) A preliminary decree, (b) A final decree, (c) Partly preliminary and partly final decree, (d) None of the above, 35. An order rejecting the plaint for non-payment of the court fees is—, (a) Decree, (b) Not a decree i, (c) Judgment :, (d) None of the above, 36. An exparte decree can be set aside on the ground that—, (a) An exparte decree cannot be set aside under any circumstances., (b) Summons were not duly served, (c) Defendant refused to receive the summons and thereafter no fresh summons, were issued to him, (d) Non-appearance of defendant as copies of documents filed with plaint were, not provided to defendant, 37, If a plaint is rejected for non-payment of Court fee, the remedy is, (a) Appeal, (b) Writ, (c) Revision, (d) None of the above, 38. Among the following which section put a bar to further suit— i, (a) Section 9, (b) Section 12, (c) Section 15, (d) Section 16, 39. A foreign judgment not pronounced by Court of competent jurisdiction will, (a) Be not conclusive, (b) Be conclusive, (c) Based upon fraud, (d} None of the above, 40. According to section 21 of the Code, objection at jurisdiction of Court can be, taised on—, (a) Trial, (b) Appeal, (c) Revision, (d) Either (a) or (b) or (c), 41. Suits for the recovery of movable property actually under distraint or attachment, shall be instituted in the Court within the local limit of whose jurisdiction the—, (a) Defendant is resides, (b) The plaintiff is resides, (c) Property is situate, (d) Any of the above, , , , cep men, LEGAL SUCCESS LAW CLASSES MEERUT MOB : 8851415342 Page 5i, '