GJS Paperathon Civil Procedure Code 2019 PDF

GJS PAPERATHON Civil Procedure Code,1908 2019 46. The plaint for which of the following Civil suits 48. What is the period for which a person can be...

GJS PAPERATHON Civil Procedure Code,1908 2019 46. The plaint for which of the following Civil suits 48. What is the period for which a person can be shall, in addition to the other statements detained in civil prison if execution of a decree is necessary for plaints, state that the plaintiff for the payment of sum of money exceeding five claims no interest in the subject matter in thousand rupees? dispute? (A) not exceeding three months (A) interpleader suit (B) not exceeding six weeks (B) suit for specific performance (C) not exceeding one month (C) suit for eviction (D) not exceeding two months. (D) none of these. Ans. [A] Ans. [A] Linked Provision- Sec.58 R.1 L/w sec.55-57, 59, 134, Linked Provision- O.35 R.1 L/w sec.88, O.7 R.1-8 O.21 R.37-40, O.38 R.1-4 CPC. CPC. Explanation- Sec.58 deals with detention and Explanation- O.35 deals with Interpleader suits. The release. It provides that every person detained in the general principle on which such suits are based is civil prison in execution of a decree shall be so that the person in possession of an object/property detained as per following scale- having no interest in it should not be compelled to be Money Decree Detention period involved in multiple suits filed by the prospective Of exceeding 5000 Rs. Upto 3 months owners of the property in dispute. Of 2000-5000 Rs. Upto 6 weeks Less than 2000 Rs. No arrest O.35 R.1- It provides that in every interpleader suit, plaint shall, in addition to the other statements necessary for plaints, state that- 49. No suit shall be instituted against the (a) plaintiff claims no interest in the subject-matter in Government or against a public officer in respect dispute other than for charges or costs; of any act purporting to be done by such public (b) claims made by the defendants severally; and officer in his official capacity, until the expiration (c) there is no collusion between the plaintiff and any of...............next after notice in writing has been of the defendants. delivered. (A) two months (B) one months 47. Where a suit is for compensation for wrong done (C) sixty days (D) three months to the person or to movable property, if the wrong Ans. [A] was done within the local limits of the jurisdiction Linked Provision- Sec.80 L/w 79, O.27 CPC. of one court and the defendant resides within the Explanation- Sec.80 deals with notice. It provides local limits of the jurisdiction of another court, that no suits shall be instituted against the the suit may be instituted................... Government or public officer in respect of any act (A) in the court within whose local limits of the done in his official capacity, until the expiration of jurisdiction the wrong was done two months next after notice in writing has been (B) in the court within whose local limits of delivered. jurisdiction, the defendant resides (C) at the option of the plaintiff in either of the 50. At which stage of the civil suit, an objection on the said courts ground of misjoinder of causes of action shall be (D) in the court within whose local limits of taken? jurisdiction, the plaintiff resides. (A) at the time of or before settlement of issues Ans. [C] (B) at the time of filing the written statement Linked Provision- Sec.19 L/w sec.15-18, 20 CPC. (C) at the time of or before pronouncement of Explanation- Sec.19 deals with suits for judgment compensation for wrongs to person or movables. It (D) at any stage. provides that where suit is for compensation for Ans. [A] wrong done to the person or to movable property, if Linked Provision- O.1 R.13 L/w sec.99 proviso, O.1 the wrong was done within the local limits of the R.1, 3, 6, 9, 10, O.2 R.7 CPC. jurisdiction of one Court and the defendant resides, Explanation- O.1 R.13 deals with objections as to or carries on business, or personally works for gain non-joinder or misjoinder. It states that all objections within the local limits of the jurisdiction of another on the ground of non-joinder or misjoinder of parties Court, the suit may be instituted at the option of the shall be taken at the earliest possible opportunity. plaintiff in either of the said Courts. 23  GJS PAPERATHON Civil Procedure Code,1908 51. Within what time a party who has obtained an service of notices on him. order for leave to amend the pleadings, is required to carry out the necessary amendment, 54. Which of the following provisions of the Civil when no time is limited by the order? Procedure Code deals with the inherent powers of (A) fourteen days the Court? (B) fifteen days (A) Section 151 (B) Section 152 (C) thirty days (C) Section 153 (D) Section 148 (D) forty five days. Ans. [A] Ans. [A] Linked Provision- Sec.151 CPC L/w 148-150, 152- Linked Provision- O.6 R.18 L/w sec.152, 153, 153A, 153B CPC, 482 CrPC, 165 IEA, Art.142 COI. O.1 R.10(4), O.6 R.16, 17, O.41 R.3 CPC. Explanation- Sec.151 deals with saving of inherent Explanation- O.6 R.18 deals with failure to amend powers of Court. Inherent powers of courts are those after Order. It states that if a party obtained an order powers which may be applied by the court to perform for leave to amend does not amend within the time full and complete justice between the parties before limited for that purpose by the order, or if no time is it. As per sec.151, court has inherent power to make thereby limited then within fourteen days from the such orders as may be important for the ends of date of the order, he shall not be permitted to amend justice or to limit abuse of the method of the Court. after the expiration of such limited time, unless the time is extended by the Court. 55. Order 17, Rule 1 of the Civil Procedure Code restricts the number of adjournments to be 52. Within how much time from the date on which granted to a party to: hearing of the Civil Suit is concluded, shall the (A) five (B) four court pronounce its judgment? (C) three (D) ten. (A) thirty days Ans. [C] (B) sixty days Linked Provision- O.17 R.1 L/w O.10 R.4, O.18 (C) ninety days R.2(3C), O.23 R.3, O.32A R.3 CPC, sec.309 CrPC. (D) any time Explanation- O.17 R.1 deals with Court may grant Ans. [A] time and adjourn hearing. R.1(1) proviso states that Linked Provision- O.20 R.1 L/w sec.33, O.20 R.1-5, adjournment shall not be granted more than three 6B, 20, O.41 R.30-34 CPC. time to a party during hearing of the suit. Explanation- O.20 R.1 deals with judgment when pronounced. R.1(1) proviso states that where the judgment is not pronounced at once, every 2019-II endeavour shall be made by the Court to pronounce 21. Under which of the following provisions of the the judgment within thirty days from the date on Code of Civil Procedure, the Particulars of set-off which the hearing of the case was concluded. are to be given in the written statements? (A) Order 5, Rule 30 53. In a summary suit, within how many days of (B) Order 8, Rule 6 service of summons, should the defendant put in (C) Order 6, Rule 10 his appearance? (D) Order 10, Rule 22 (A) ten days Ans. [B] (B) fifteen days Linked Provisions- O.8 R.6 L/w O.8 R.7, 8, 9, O.20 (C) thirty days R.6, R.19 CPC, sec.3 Lim. Act. (D) sixty days. Explanation- O.8 R.6 deals with Set-off. Set-off Ans. [A] means a claim by the defendant against the plaintiff Linked Provision- O.37 R.3 L/w sec.91-93, O.5, O.9 or a plea in defence available to the defendant. It is a CPC. cross-claim between the parties to the suit regarding Explanation- O.37 R.3 deals with procedure for the their recovery of money. appearance of defendant in case of summary suit. It provides that the defendant may, at any time within 30. Which of the following deals with subsequent ten days of service of summons, enter an pleading in the Code of Civil Procedure? appearance either in person or by pleader and, in (A) Order 8, Rule 9 either case, he shall file in Court an address for (B) Order 4, Rule 13 (C) Order 6, Rule 10 24  GJS PAPERATHON Civil Procedure Code,1908 (D) Order 10, Rule 22 Linked Provisions- O.16A R.6 L/w O.5 R.24 CPC, Ans. [A] sec.270 CrPC. Linked Provisions- O.8 R.9 L/w R.1, R.6-6G, R.10, O.6 Explanation- O.16A R.6 deals with prisoner to be CPC. brought to Court in custody. It states that the OIC of Explanation- O.8 R.9 deals with subsequent the prison shall upon Court's order, cause the person pleadings. It states that no pleading after the written named to be taken to the Court so as to be present at statement of the defendant other than by way of the time mentioned in such order, and kept him in defence to set-off or counter claim can be filed. custody or near the Court until he has been examined or until the Court authorises him to be 31. Which of the following deals with power to amend taken back to the prison in which he is confined or decree or order where appeal is summarily detained. dismissed in the Code of Civil Procedure? (A) Section 145A 56. Which of the following provisions of the Code of (B) Section 103A Civil Procedure will be applicable in case of death (C) Section 148A of one of the several defendants or the sole (D) Section 153A defendant in the suit? Ans. [D] (A) Order 12, Rule 1 Linked Provisions- Sec.153A L/w sec.152, 153, O.1 (B) Order 10, Rule 9 R.10(4), O.6 R.16, R.17, O.14 R.5, O.20 R.3, O.41 R.3 (C) Order 19, Rule 6 CPC. (D) Order 22, Rule 4 Explanation- Sec.153A deals with power to amend Ans. [D] decree or order where appeal is summarily Linked Provisions- O.22 R.4 L/w R.2, 3, 4A CPC. dismissed. It states that if an Appellate Court Explanation- O.22 R.4 deals with procedure in case dismisses an appeal in O.41 R.11, the power of the of death of one of several defendants or of sole Court to amend, u/s 152, the decree or order defendant. It provides that the Court, on an appealed against may be exercised by the Court application, shall cause the legal representative of the which had passed the decree or order in the first deceased defendants to be made a party and shall instance. proceed with the suit, where- i) one of two or more defendants dies and the right 36. A suit for partition contains which of the following to sue does not survive against the surviving decree? defendant; or (A) Preliminary decree ii) defendants alone or a sole defendant or sole (B) Intermediate decree surviving defendant dies and the right to sue (C) Final decree survives. (D) Both (A) and (C) Ans. [A] 2022 Linked Provisions- O.20 R.18 L/w sec.2(2), sec.33 9. The Court may at any stage of the proceedings, O.20 R.6, 6A, 7-17, 19-20, O.34 R.2-5, 7-8 CPC. order that the name of any party improperly Explanation- O.20 R.18 deals with suit for partition joined, whether as plaintiff or defendant, be and separate possession. Suit for partition contains struck out. Where do you find this provision in the preliminary decree. A decree is said to be a C P. Code, 1908? preliminary decree when the rights of parties (A) Order I Rule 8(2) regarding all or any of the matter in dispute are (B) Order I Rule 9 determined in the adjudication but it does not (C) Order I Rule 10(2) dispose of the suit completely. It is only a prior stage. (D) Order I Rule 12(2) Ans. [C] 53. Under which of the following provisions of the Linked Provision- O.1 R.10 L/w O.1 R.9, R.13, O.6 Code of Civil Procedure, the Prisoner is required to R.16, 17, O.11 R.7, O.14 R.5, O.32 R.13 CPC. be brought to Court in custody? Explanation- As per O.10 R.2(2), court may at any (A) Order 16A, Rule 6 stage of the proceedings, either upon application or (B) Order 14, Rule 20 suo-moto, order that the name of any party (C) Order 19, Rule 21 improperly joined, whether as plaintiff or defendant, (D) Order 11, Rule 7 be struck out, and person who ought to have been Ans. [A] joined, whether as plaintiff or defendant, or whose 25  GJS PAPERATHON Civil Procedure Code,1908 presence before the Court may be necessary to Explanation- As per order 43 rule 1(r), an appeal enable the Court effectually and completely to shall lie from the orders under rule 1, rule 2, rule 2A, adjudicate upon and settle all the questions involved rule 4 or rule 10 of Order XXXIX. in the suit, be added. 13. The provisions of 'Precepts' are found in which of 10. The Code of Civil Procedure, 1908 is……… these provisions of the Code of Civil Procedure, (A) an arbitrary law 1908? (B) a substantive law (A) Sec 34 (C) an adjective law (B) Sec 36 (D) None of these options (C) Sec 46 Ans. [C] (D) Sec 150 Explanation- Laws can be divided into two groups- (i) Ans. [C] Substantive Law, and (ii) Procedural Law or Adjective Linked Provision- Sec.46 L/w sec.60-64, O.21 R.41- Law. Substantive law determines the rights and 57 CPC. liabilities of parties, whereas, adjective or Explanation- As per sec.46, the court which passed procedural law prescribed the practice and the decree may on the request of the decree-holder, procedure for the enforcement of those rights and issue a precept to the court within whose jurisdiction liabilities. CPC is an adjective law. It neither creates the property of the judgement-debtor is lying to be nor takes away any right. It is intended to regulate attached to any property specified in the precept. It the procedure to be followed by civil courts. The aims at preventing alienation of property of the object of the Code is to consolidate and amend the judgement-debtor not located within the jurisdiction laws relating to the procedure of Courts of Civil of the court which passed the decree. Judicature. 14. The provisions regarding 'Discovery And 11. The Court may at any stage of the proceedings Inspection' are found in which of these Orders of order to be struck out or amended any mat in any the C P. Code, 1908? pleading...... (A) Order X (B) Order XI (A) which may be vexatious (C) Order XII (D) Order XIII (B) which may tend to delay the fair trial the suit Ans. [B] (C) which is otherwise an abuse of the process of Linked Provision- O.11 L/w sec.30-32 CPC. the Court Explanation- O.11 R.1-23 deals with discovery and (D) All of these options inspection. Ans. [D] Discovery- Process wherein the parties get a chance Linked Provision- O.6 R.16 L/w Sec.152, 153, O.1 to exchange information regarding the witnesses and R.10, R.13, O.6 R.17, O.11 R.7, O.14 R.5, O.32 R.13 evidence which will be presented before the court CPC. during the trial. Explanation- As per order 6 rule 16, court may at Inspection- As per the rule 15-19 of Order 11, the any stage of the proceedings order to be struck out inspection of documents can be divided into two or amended any matter in any pleading which is- categories- (a) unnecessary, scandalous, frivolous or vexatious; 1) The documents which are referred to in the or affidavits or pleadings of the parties. (b) tend to prejudice, embarrass or delay the fair trial 2) The documents which are not referred to in the of the suit; or pleadings of the party but are in the power or (c) abuse of the process of the Court. possession of the parties. 12. An appeal against an order under rule 1, rule 2 of 15. Where any claim is preferred to, or any objection Order XXXIX of the C. P. Code, 1908 shall lie under is made to the attachment of any property which of these Orders of the said Code? attached in execution of a decree on the ground (A) Order XLI (B) Order XLII that such property is not liable to such (C) Order XLIII (D) Order XLIV attachment, the Court shall proceed to adjudicate Ans. [C] upon the claim or objection in accordance with Linked Provision- O.41 R.1 L/w Sec.104-106, O.21 the provisions contained in… R.46H, O.39 R.1, R.2 CPC. (A) Order XXI Rule 54 (B) Order XXI Rule 55 26  GJS PAPERATHON Civil Procedure Code,1908 (C) Order XXI Rule 58 corporation by who is able to depose to the facts (D) Order XXI Rule 59 of the case. Ans. [C] (A) the Secretary Linked Provision- O.21 R.58 L/w sec.60-64, O.21 (B) any director of the company R.41-57, 59 CPC. (C) another principal officer of the corporation Explanation- O.21 R.58 deals with adjudication of (D) Any one of these persons mentioned in claims to or objections to attachment of property. options A to C Ans. [D] 16. When the plaintiff appears and the defendant Linked Provision- O.29 R.1 L/w Sec.20 explanation, does not appear when the suit is called on for O.11 R.5, O.29 R.2-3, O.39 R.5 CPC. hearing, then, if it is proved that the summons Explanation- O.29 R.1 deals with subscription and was duly served, the Court- verification of pleading. It provides that in suits by or (A) shall direct a Second summons to be issued and against a corporation, any pleading may be signed served on the defendant in larger interest of and verified on behalf of the corporation by the justice secretary or by any director or other principal (B) may make an order that the suit shall be heard officer of the corporation who is able to depose to ex parte the facts of the case. (C) shall postpone the hearing of the suit to a future day to be fixed by the Court and shall direct notice of such day to be given to the 2023 defendant 12. Order XVI of the Code of Civil Procedure provides (D) None of these options that the list of witnesses, after settlement of Ans. [B] issues, must be filed within _____ days Linked Provision- O.9 R.6 L/w O.9 R.7, 8, 9, 13, 14 (A) 15 CPC. (B) 30 Explanation- O.9 R.6 deals with the procedure when (C) 45 only plaintiff appears. R.6(a) provides that where (D) 60 plaintiff appears and the defendant does not appear Ans [A] when the suit is called on for hearing, and it is proved Linked Provision- O.16 R.1 L/w sec.27-29, 31, O.5 that the summons was duly served, the Court may CPC. make an order that the suit shall be heard ex parte. Explanation- O.16 R.1 deals with list of witnesses and summons to witnesses. R.1(1) states that on or 17. For the purposes of the Code of Civil Procedure, before such date which may be fixed by the court and 1908, every Court of Small Causes is subordinate shall not be later than 15 days from the date on to the which issues are settled, a list of proposed witnesses (A) District Court only to give evidence or to produce document and obtain (B) High Court only summonses to such persons for their attendance in (C) High Court and District Court court, shall be presented in Court by parties. (D) None of these options Ans. [C] 13. Which Section of the Code of Civil Procedure Linked Provision- Sec.3 CPC L/w Sec.6, 10, 15, 19, 23 provides for awarding of compensatory costs in CrPC. respect of false or vexatious claim or defence? Explanation- Sec.3 deals with subordination of (A) 35A Courts. It provides that- (B) 36 1) The District Court is subordinate to the High (C) 34 Court, and (D) none of the above 2) Every Civil Court of a grade inferior to the District Ans [A] Court, and Linked Provision- Sec.35A L/w sec.35, 35B, 104, 3) Every Court of Small Causes is subordinate to the O.20A, O.41 R.33 proviso CPC. High Court and District Court. Explanation- Sec.35A deals with compensatory costs in respect of false or vexatious claims or defences. It 18. In suits by or against a corporation, any pleading was inserted in 1922. Its object is to deter the false may be signed and verified on behalf of and vexatious cases being filed by the litigants by imposing costs to compensate the other party who 27  GJS PAPERATHON Civil Procedure Code,1908 has suffered from such false litigation. If the judge is courts, and any of the courts has satisfied that there satisfied that the suit is false and vexatious then is a ground for uncertainty, record the statement and compensatory costs with a maximum amount of may proceed with the case to entertain and dispose Rs.3000 can be granted to the victim. of the case. The decree passed by such court will have the same effect as if the property was situated 27. Which section of the Code of Civil Procedure is within the local limits of its jurisdiction. related to the pecuniary jurisdiction of the Court? (A) Section 6 51. The Court may compel the attendance of any (B) Section 5 person to whom a summons has been issued (C) Section 3 under Section 30 of the Code of Civil Procedure (D) Section 4 and for that purpose may ---- Ans [A] (A) issue a warrant for his arrest Linked Provision- Sec.6 L/w sec.15 CPC. (B) attach and sell his property Explanation- Sec.6 deals with pecuniary jurisdiction. (C) order him to furnish security for his presence It connotes the value of the subject matter of the suit. and in default commit him to the civil prison The High Courts and District Courts have no (D) do all of the above pecuniary limitation but the other Courts have no Ans [D] such unlimited pecuniary jurisdiction. The main Linked Provision- Sec.32 L/w sec.30, O.11, O.12 CPC. objective of establishing pecuniary jurisdiction it Explanation- Sec.32 deals with penalty for default. It prevent the court of a higher level from getting provides that court may compel the attendance of burdened and to provide assistance to the parties. any person to whom a summons has been issued u/s 30 and for that purpose it may- 38. Order XX of the Code of Civil Procedure provides i) issue a warrant for his arrest; for drawing decree within a maximum period of -- ii) attach and sell his property; -------- days from the date on which the judgement iii) impose a fine upon him not exceeding five is pronounced. thousand rupees; (A) 30 iv) order him to furnish security for his presence (B) 10 and in default commit him to the civil prison. (C) 14 (D) 15 53. As per Section 75 of the Code of Civil Procedure, Ans [D] the Court may issue a Commission ------- Linked Provision- O.20 R.1 L/w sec.33, O.20 R.1-5, (A) to make a local investigation 6B, 20, O.41 R.30-34 CPC. (B) to hold a scientific, technical or expert Explanation- O.20 R.1 deals with judgment when investigation pronounced. R.1(1) proviso states that where the (C) to perform any ministerial act judgment is not pronounced at once, every (D) All of the above endeavour shall be made by the Court to pronounce Ans [D] the judgment within thirty days from the date on Linked Provision- Sec.75 L/w Sec.76-78, O.26 CPC, which the hearing of the case was concluded. Sec.271, 284-290 CrPC. Explanation- Sec.75 deals with power of Court to 46. Where the local limits of jurisdiction of courts are issue commissions. It provides that court may issue uncertain, the place of institution of suit shall be commission in following cases- decided according to the provision of -------- (a) to examine any person (O.26 R.1-8); (A) Section 18 of the Code of Civil Procedure (b) to make a local investigation (O.26 R.9-10); (B) Section 19 of the Code of Civil Procedure (c) to examine or adjust accounts (O.26 R.11-12); (C) Section 17 of the Code of Civil Procedure (d) to make a partition (O.26 R.13-14); (D) Section 16 of the Code of Civil Procedure (e) to hold a scientific, technical, or expert Ans [A] investigation (O.26 R.10A); Linked Provision- Sec.18 L/w sec.9, 15-17, 19-21 (f) to conduct sale of property which is subject to CPC. speedy and natural decay and which is in the Explanation- Sec.18 deals with place of Institution of custody of the Court pending the determination suit where local limits of jurisdiction of Courts are of the suit (O.26 R.10C); uncertain. It provides that when there is uncertainty (g) to perform any ministerial act (O.26 R.10B). with regards to the local limits of the jurisdiction of 28  GJS PAPERATHON Civil Procedure Code,1908 60. As per Section 60 of the Code of Civil Procedure, been taken by a party in a proceeding between him which out of the following is/are not liable to and the defendant he will not be permitted to take attachment or sale?. pleas against the same party in the following (A) Cooking vessels proceeding with reference to the same matter. (B) Tools of artisans (C) Books of account (D) All of the above Ans [D] Linked Provision- Sec.60 L/w Sec.61-64, O.21 R.41- 57 CPC, Sec.6 TPA. Explanation- Sec.60 deals with property liable to attachment and sale in execution of decree. Sec.60(1) proviso the properties which are not liable to attachment. As per sec.60(1) proviso (a)- cooking vessels, sec.60(1) proviso (b)- tools of artisans, sec.60(1) proviso (d)- books of accounts shall not be liable to attachment. Hence, all the given options are correct. 83. Which of the following question/s may be determined by the Court executing the decree? (A) Execution of Decree (B) Discharge of Decree (C) Satisfaction of Decree (D) All of the above Ans [D] Linked Provision- Sec.47 L/w Sec.11 explanation VII, O.33 R.13 CPC. Explanation- Sec.47 deals with questions to be determined by the Court executing decree. It specifically deals with objections to execution, discharge, and satisfaction of a decree. It deals with such questions that have to be considered while executing any decree. As per sec.47, once a suit has been adjudicated and a decree has been passed, then all the questions related to the execution, discharge, and satisfaction of a decree must be taken up and determined by the executing court. It further bars the filing of a separate suit for this purpose. 84. Constructive res judicata is contained in ----- (A) Explanation III to Section 11 of the Code of Civil Procedure (B) Explanation VI to Section 11 of the Code of Civil Procedure (C) Explanation VII to Section 11 of the Code of Civil Procedure (D) Explanation IV to Section 11 of the Code of Civil Procedure Ans [D] Linked Provision- Sec.11 explanation IV CPC. Explanation- The rule of constructive res judicata is enshrined in Sec.11 explanation IV. It is an artificial form of res judicata. It provides that if a plea has 29