Most Important MCQ’s of CIVIL PROCEDURE CODE 1908 – Indian Judiciary – Free PDF Download

 
Q) A Civil Court has jurisdiction to try a civil suit unless its cognizance is barred–

1. Expressly
2. Impliedly
3. Either (1) or (2)
4. Only (1) not (2)

• Either (a) or (b) .As per section 9 of the Act, Courts to try all civil suits unless barred. The Courts shall (subject to the provisions herein contained) have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred.

Q) Section 17 of the Code provides for–

1. Place of institution of suits in respect of immovable property where the local limits of jurisdiction of Courts are uncertain
2. Place of institution of suit in respect of immovable property where the property is situated in the jurisdiction of one Court
3.  Place of institution of suit in respect of immovable property where the property is situated in the jurisdiction of different courts
4.  None of the above

• Cases in which the immovable property is situated within the local limits of the jurisdiction of different courts.

Q) A residing in Dehradun, beats B in Delhi. B may sue A under the Code–

1.  Delhi
2.  Dehradun
3.  Either (1) or (2)
4.  Only (1) not (2)

• As per section 19Suits for compensation for wrongs to person or movables. illustration (a) B may sue A either Delhi or Dehradun.

Q) “Any relief claimed in the plaint, which is not expressly granted by the decree, shall, for the purpose of this section, be deemed to have been refused”. This provision is incorporated in:

1.  Section 11, Explanation II
2.  Section 11, Explanation III
3.  Section 11, Explanation IV
4.  Section 11, Explanation V

• “Any relief claimed in the plaint, which is not expressly granted by the decree, shall, for the purpose of this section, be deemed to have been refused”. This provision is incorporated in Section 11, Explanation V.

Q) A suit to set aside a decree on the ground of lack of territorial jurisdiction is barred under section

1. Section 20
2. Section 21-A
3. Section 21
4. Section 22

• According to section 21-A of CPC, No suit shall lie challenging the validity of a decree passed in a former suit between the same parties, or between the parties under whom they or any of them claim, litigating under the same title, on any ground based on an objection as to the place of suing

Q) Compensation for arrest on insufficient grounds, U/S 95 of CPC, can be awarded

1. Rs. 50000
2. Rs. 25000
3. Rs.10000
4. Rs 5000

As per section 95 of CPC, Compensation for obtaining arrest, attachment or injunction on insufficient grounds, the defendant may apply to the Court, and the Court may, upon such application, award against the plaintiff by its order such amount [not exceeding fifty thousand rupees], as it deems a reasonable compensation to the defendant for the [expense or injury (including injury to reputation) caused to him]
Q) Which section declares that no appeal shall lie against a consent decree

1. Sec 96(1)
2. Sec. 96(2)
3. Sec 96(3)
4. Sec 96(4)

• According to section 96(3) of CPC, no appeal shall lie from a decree passed by the Court with the consent of parties.

Q) The general power of transferring suits under section 24 of the CPC lies with?

1. High Court and District Court
2. High Court and Supreme Court
3. High Court
4. District Court

• As per section 24 clause (1), On the application of any of the parties and after notice to the parties and after hearing such of them as desired to be heard, or of its own motion without such notice, the High Court or the District Court.

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