Multiple Choice Questions (MCQ’s) on Code of Civil Procedure and Limitation Act

1. Plea of Res-Judicata:

a. Need not be specifically raised
b. Has to be specifically raised.
c. Is for the court to see of its own.
d. Neither (a) or (b) but only (c)

2. In a suit where doctrine of Res-Judicata applies, the suit is liable to be:

a. May be stayed & may be dismissed.
b. Stayed
c. Dismissed
d. Both (b) and (c)

3. No decree to be set aside without notice to opposite party under which of the __________ in the Code of Civil Procedure?

a. Order 6, Rule 10
b. Order 9, Rule 14
c. Order 5, Rule 30
d. Order 4, Rule 13

4. Which of the following section deals with “matters for which rules may provide” in the Code of Civil Procedure?

a. Section 103
b. Section 129
c. Section 128
d. Section 122

5. Which of the following deals with the time for inspection when notice given in the Code of Civil Procedure?

a. Order 11, Rule 17
b. Order 6, Rule 10
c. Order 16, Rule 12
d. Order 4, Rule 13

6. Section ____ provides for enforcement of a decree against legal representative:

a. Section 51
b. Section 52
c. Section 50
d. Section 56

7. Section ____ provides for property liable to attachment and sale in execution of decree:

a. Section 62
b. Section 63
c. Section 65
d. Section 60

8. Section ___ deals with the transfer of decree in Code of Civil Procedure:

a. Section 33
b. Section 39
c. Section 43
d. Section 47

9. _______ deals with Statement and Production of Evidence in the Code of Civil Procedure:

a. Order 12, Rule 9
b. Order 14, Rule 4
c. Order 10, Rule 6
d. Order 18, Rule 2

10. Doctrine of Res Sub Judice is provided under Section ____:

a. Section 9
b. Section 10
c. Section 11
d. Section 12

11. Which of the following court has Original as well as Appellate Jurisdiction?

a. Revenue Court
b. Munsiff’s Court
c. District Court
d. None of the above.

12. In every plaint, U/s 26 of CPC, facts should be proved by:

a. Oral Evidence
b. Written Evidence
c. Documentary Evidence
d. Affidavit

13. Which of the following sections of the code is intended to prevent two parallel proceedings in respect of the same cause of action:

a. Section 9
b. Section 10
c. Section 11
d. Section 13

14. The word ‘rights’ in the definition of decree as given and defined in Section 2(2) of the code refers to:

a. Procedural rights
b. Substantive rights
c. Both (a) and (b)
d. None of the above.

15. Under CPC, suits w.r.t. immoveable property, where entire relief sought can be obtained through personal obedience of the defendant can be instituted in a court within whose local jurisdiction:

a. The property is situated
b. The defendant voluntarily resides or carries on business
c. The defendant voluntarily resides or personally works for gains
d. All of the above.

16. Original documents to be produced at or before settlement of issues under which of the following in the Code of Civil Procedure?

a. Order 4, Rule 13
b. Order 6, Rule 9
c. Order 9, Rule 17
d. Order 13, Rule 1

17. In CPC, the term “decree” is defined in Section_____:

a. 2(a)
b. 2(b)
c. 2(2)
d. 2(1)

18. The term res Judicata means:

a. A matter already adjudicated/decided
b. Stay on proceedings
c. Bar on proceedings
d. Further proceedings.

19. Section ____ deals with power of Supreme Court to transfer suits, etc in the Code of Civil Procedure:

a. Section 18
b. Section 22
c. Section 25
d. Section 33

20. Principles of Res Judicata applies to:

a. Suits only
b. Arbitration proceedings
c. Execution proceedings
d. To suits as well as execution proceedings.

21. Section ___ deals with institution of suit in respect of immoveable property, situated within the jurisdiction of different courts:

a. Section 15
b. Section 17
c. Section 19
d. Section 21

22. The Limitation Act contains:

a. 32 sections
b. 137 articles
c. Both (a) and (b)
d. None of the above.

23. The provisions relating to abatement do not apply to:

a. Appeals
b. Execution Proceedings
c. Both (a) and (b)
d. None of the above.

24. Where a person challenges a Decree, he shall challenge the same by filing a:

a. Application
b. Appeal
c. Notice of Motion
d. Chamber Summons

25. A decree may be executed by ____:

a. Court which passed it
b. Court to which it is sent for execution.
c. Both (a) and (b)
d. None of the above.

Answer Key:

1. Has to be specifically raised.
2. Dismissed.
3. Order 9, Rule 14
4. Section 122
5. Order 11, Rule 17
6. Section 52
7. Section 60
8. Section 39
9. Order 18, Rule 2
10. Section 10
11. District Court.
12. Affidavit.
13. Section 10
14. Substantive rights.
15. All of the above.
16. Order 13, Rule 1
17. 2 (2)
18. A matter already adjudicated/decided
19. Section 25
20. To suits as well as execution proceedings
21. Section 17
22. Both (a) and (b)
23. Execution Proceedings.
24. Appeal
25. Both (a) and (b)

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