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

Q71. A’ files a suit for partition in the High Court of Delhi against her brother ‘B’. ‘B’ relies upon a Will executed by his father bequeathing the entire estate in his favour.

(A) B has to necessary file counter claim seeking probate of the Will
(B) An issue will be framed as to the genuineness and validity of the Will, which ‘B’ can establish without seeking probate
(C) B’ has to necessarily file a separate probate petition
(D) The suit for partition will be stayed until B obtains a probate

Answer: An issue will be framed as to the genuineness and validity of the Will, which ‘B’ can establish without seeking probate

Q72. In the Code of Civil Procedure, an ex parte decree can be set aside:

(A) Under Order IX Rule 5
(B) Under Order IX Rule 10
(C) Under Order IX Rule 13
(D) Under Order IX Rule 11

Answer: Under Order IX Rule 13

Q73. The sentence passed by the criminal court against Nanavathi was pardoned by the Governor even though the case was pending in the Supreme Court. Was it proper ?

(A) Yes
(B) No
(C) Supreme Court did not express any opinion
(D) None of the above

Answer: No

Q74. When a suit is filed against a minor represented by his guardian, the decree passed in the suit:

(A) Will not operate as res judicata
(B) Will operate as res judicata
(C) Will not be binding on the minor if he files a suit on the same cause of action within one year of becoming a major
(D) None of the above

Answer: Will operate as res judicata

Q75. Under Section 13 of Code of Civil Procedure which of the following judgments shall not be conclusive ?

(A) Judgment not on merit
(B) Judgment founded on breach of Indian law
(C) Judgment against International law
(D) All of the above

Answer: All of the above

Q76. Under which provision, a pleader has a duty to inform the court about the death of parties:

(A) Order 22, Rule 1, Code of Civil Procedure
(B) Order 22, Rule 4A, Code of Civil Procedure
(C) Order 22, Rule 8, Code of Civil Procedure
(D) Order 22, Rule 10A, Code of Civil Procedure

Answer: Order 22, Rule 10A, Code of Civil Procedure

Q77. Injunction is granted under which provision of the Civil Procedure Code, 1908 . . . . . . . .

(A) Section 115
(B) Order XXXIX, Rule 1
(C) Section 96
(D) None of the above

Answer: Order XXXIX, Rule 1

Q78. Under section 10, Code of Civil Procedure, 1908, a court during pendency of a suit before it

(A) Can entertain and try second suit
(B) Cannot entertain and proceed to try second suit
(C) Shall not proceed to try though may entertain second suit
(D) Neither can entertain nor shall proceed for second suit

Answer: Shall not proceed to try though may entertain second suit

Q79. Court may order any document to be impounded under which of the following in the Code of Civil Procedure ?

(A) Order 17, Rule 5
(B) Order 4, Rule 13
(C) Order 6, Rule 10
(D) Order 13, Rule 8

Answer: Order 13, Rule 8

Q80. The Sections in the Code of Civil Procedure

(A) Can be amended by the Parliament
(B) Can be amended by a High Court or the State Legislature
(C) Can be amended by the Court hearing the suit
(D) Can be amended by the parties to the suit

Answer: Can be amended by the Parliament