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

Q51. In the Code of Civil Procedure, a Civil Court can direct attachment before judgment in respect of any property, in a proceeding pending before it, in accordance with the provisions which are contained in;

(A) Order XXXVII
(B) Order XXXVIII
(C) Order XXXIX
(D) Order LX

Answer: Order XXXVIII

Q52. Which of the following deals with powers of Appellate Court in the Code of Civil Procedure ?

(A) Section 111
(B) Section 103
(C) Section 108
(D) Section 107

Answer: Section 107

Q53. The cross-examination of a witness in attendance whose Examination-in-Chief has been furnished by affidavit, under Order XVIII, Rule 4(2) of Code of Civil Procedure shall be taken

(A) By the court
(B) By the Commissioner appointed by the court
(C) Either A or B
(D) Only A and not B

Answer: Either A or B

Q54. Which of the following deals with enforcement of liability of surety in the Code of Civil Procedure ?

(A) Section 145
(B) Section 103
(C) Section 148
(D) Section 153

Answer: Section 145

Q55. An order of stay under Section 10 of the Code of Civil Procedure occurred. Then the court appointed a receiver after the stay of suit. Is it proper ?

(A) Yes
(B) No
(C) Section 10 of the Code of Civil Procedure provides for the foreign judgment
(D) None of the above

Answer: Yes

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Q56. Under Order XXXII, Rule 9 of the Code of Civil Procedure, a next friend of a minor can be removed:

(A) If he ceases to reside in India during the pendency of the suit
(B) Where has interest becomes adverse to that of the minor
(C) Where he does not do his duty
(D) For any of the above reasons

Answer: For any of the above reasons

Q57. The term “prescribed” under Section 2(16) of Civil Procedure Code, 1908 means

(A) Prescribed by court
(B) Prescribed by society
(C) Prescribed by rules
(D) None of the above

Answer: Prescribed by rules

Q58. Application under Order 9, Rule 7 of Code of Civil Procedure to set aside the order of ex part proceeding may be filed

(A) Within 30 days
(B) Within 60 days
(C) Within 90 days
(D) At or before the date fixed for hearing

Answer: At or before the date fixed for hearing

Q59. Right to lodge a caveat under the Code of Civil Procedure, 1908 has been inserted in

(A) Section 138
(B) Section 128
(C) Section 158
(D) Section 148A

Answer: Section 148A

Q60. Suit was filed on 20th November 2012 and it has been specifically pleaded that cause of action arose on 06th October 2012. Defendant appeared and without filing written statement he filed an application under Order 7 Rule 11 Code of Civil Procedure on the ground that suit is barred by Limitation. State what is the correct legal position ?

(A) Application under Order 7 Rule 11 Code of Civil Procedure is not maintainable because written statement should be filed firstly
(B) Plaint shall be rejected because suit is barred by Law of Limitation
(C) Dismissed of application will be proper. Objection could not be decided without recording evidence of parties
(D) Application should be allowed because plaint does not disclose correct cause of action

Answer: Dismissed of application will be proper. Objection could not be decided without recording evidence of parties