Code Of Civil Procedure Act Law 100 GK MCQ SET:-1

Q41. Is it possible to attach a mortgage decree under Order 21, Rule 53 ?

(A) Yes
(B) No
(C) Order 21 Rule 53 pertains to garnishee
(D) None of the above

Answer: Yes

Q42. Which of the following properties of the judgment debtor would be liable to attachment and sale in execution of decree ?

(A) Books of account
(B) Shares in a corporation
(C) Personal ornaments
(D) Tools of artisans

Answer: Shares in a corporation

Q43. Where the summons to the defendant(s) is returned unserved and the plaintiff fails to apply for issuance of fresh summons to the defendant within 7 days of the return, the suit of the plaintiff is liable to be

(A) Rejected under Order VII, Rule 11 of Code of Civil Procedure
(B) Dismissed under Order IX, Rule 2 of Code of Civil Procedure
(C) Dismissed under Order IX, Rule 5 of Code of Civil Procedure
(D) Either A or B or C

Answer: Dismissed under Order IX, Rule 5 of Code of Civil Procedure

Q44. Ram was dispossessed from his house by Shyam for a year. Ram files a suit for possession against Shyam but did not included claim for for damages in it. For claiming damages Ram:

(A) Could file a new suit
(B) Could not file a new suit
(C) Could file a new suit with permission of the court
(D) None of the above

Answer: Could not file a new suit

Q45. Every suit by a minor shall be instituted in the name of

(A) The minor
(B) The guardian of the minor
(C) The next friend of the minor
(D) Both B and C

Answer: The minor

Q46. Under Order VII, Rule 14 of Code of Civil Procedure, the documents

(A) Must be filed along with the plaint
(B) Can be filed at the time of framing of issues
(C) Can be filed at any time after the framing of issue
(D) During the evidence

Answer: Must be filed along with the plaint

Q47. A petition for review of judgement would lie only when-

(A) The person partly obeyed the judgement
(B) Deposits entire decretal amount
(C) An appeal is allowed by Code of Civil Procedure but no appeal has been preferred
(D) Leave of the Court is obtained for filing review

Answer: An appeal is allowed by Code of Civil Procedure but no appeal has been preferred

Q48. Which of the following statements is correct ?

(A) Where on the death of a defendant the right to sue survive against the other surviving defendant alone, the case may proceed against the surviving defendant
(B) Where on the death of a defendant the right to sue does not survive against the other surviving defendant alone, the case shall abate against the deceased defendant if no application is made within the time limited by law for the legal representative of the deceased defendant to be made a party
(C) There shall be no abatement by reason of death of either party between the conclusion of the hearing and the pronouncing of the judgment
(D) All these

Answer: All these

Q49. The date of decree is the date on which

(A) The date the decree is pronounced
(B) The date it is written
(C) The day it pronounced but not written or signed
(D) The day it pronounced and signed by the judge

Answer: The date the decree is pronounced

Q50. Documents which are meant for cross-examining a witness of the other party or meant for refreshing the memory of the witness, may be produced

(A) At or before the settlement of issues
(B) After the settlement of issues
(C) At the time when they are required
(D) None of the above

Answer: At the time when they are required