5
1.Private alienation of property after attachment is _________.
     Void [Sec.64]


2. Rateable distribution of proceeds of sale in execution of a decree is provided under __________ .
     Section 73


3. What number of days will a judgement debtor be imprisoned for obstructing the decree holder from taking possession of immovable property?
     30 days [Section 74]


4. Which Section deals with the power of Court to issue commissions?
     Section 75.


5. Can alien enemies residing in India sue without permission?
     No. can sue with permission of Central Government[Sec.83]


6. What is the name of suit brought by a person from whom two persons claim a debt adversely to one another and who claims no interest to that and ready to deliver it to rightful claimant?
     Interpleader suit[88]


7. A provision for referring matters to Adalath was inserted but came into force only with effect from 2002. Which one is it?
     Section 89.


8. Can a person dispute the correctness of the preliminary decree in any appeal preferred against the final decree, if he has not appealed from that preliminary decree?
     No[Section 97]


9. According to Section 100(1) what should be satisfied to prefer a Second Appeal?
     Substantial question of law


10. What is the pecuniary limit for Second Appeal as provided in Section 102 of CPC?
     Must be above TwentyFive Thousand rupees


11. Can the appellate court take additional evidence?
     Yes[107(1)(d)]


12. Where a court is satisfied that a case pending before it involves a question as to the validity of any Act, what can the Court do?
     Reference to High court.[113]


13. Are ministers of states exempted from personal appearance in court?
     Yes.[133]


14. What is the maximum duration granted by the court in its discretion to a party on his application, to do a paricular thing if the time fixed for it has already expired?
     30 days in total[148]


15. What is the validity of the Caveat in number of days?
     90 days[148A(5)]


16. Can a court in its own motion correct clerical mistakes in judgement.
     Yes[152]


17. When should an objection as to non-joinder be raised?
     Before settlement of issues.[Order1 Rule 13]


18. Is it mandatory for a court to issue summons if at the presentation of the plaint the defendant has appeared and admitted the plaint claim?
     No[Proviso to Order 5 Rule 1(1)]


19. A summons shall be accompanied by copy of plaint. This rule was formulated in amendment in _____.
     1999. came into effect from 2002.[Order 5 Rule 2]


20. Provision for substituted service is incorporated under _________.
     Order 5 Rule 20.


21. Is a written statement to be supported by affidavit?
     Yes[Order 6 Rule 15(4)]


22. What is the maximum number of days a person will get to amend his pleadings if no time is prescribed by the Court in its order?
     14 days. [Order 6 Rule 18]


23. Returning of plaint is provided under _________.
     Order 7 Rule 10


24. Where the relief claimed in the suit is undervalued and the plaintiff fails to correct the valuation even after time provided by the Court, the suit will be ________ .
     Rejected[Order 7 Rule 11(b)]


25. Can a document which is not produced with the plaint and which ought to be produced by the plaintiff be received in evidence on his behalf.
     Can be with the leave of the Court[Order 7 Rule 14(3)]


26. Which provision specifically enables the court to pronounce judgement in case the defandant fails to file written statement or subsequent pleadings?
     Order 8 Rule 10


27. What can the court do when neither party appears when it is called for hearing?
     Suit may be Dismissed[Order 9 Rule 3]


28. What type of cause is to be shown in an application to set aside exparte order?
     Good Cause[Order 9 Rule 7]


29. What can the Court do when the suit is called on for hearing and the plaintiff fails to appear and the defendant only appears and admits the claim?
     Court can pass decree against defendant[Order 9 Rule 8]


30. What type of cause is needed in an application to set aside an exparte decree?
     Sufficient cause.[Order 9 Rule 13]


31. Can the fact that the pleader of a party is engaged in another court  be put forward as a good ground for adjournment?
     No[Order 17 Proviso c]


32. Provision to examine defendant and his witness even before the plaintiff under certain circumstances is mentioned in _________ .
     Order 18 Rule 1


33. Order 18 Rule 17 of the Code deals with _________ .
     Power of court to recall and examine witness


34. What is the maximum time granted to Court by the code to draw up a decree after pronouncing judgement?
     15 days[Order 20 Rule 6A]


35. What all methods court can follow in an execution for specific movable property?
     Seizure, detention, attachment[Order 21 Rule 31]


36. What remedy lies with the court in an execution of a decree for the payment of money where the judgement debtor is likely to leave the local limits of its jurisdiction with an object to delay the execution?
     Issue warrant of arrest.[See proviso to Order 21 Rule 37(1)]


37. Who has the power to fix scales for the subsitence allowance for the judgement debtors in civil prison?
     State Government[Section 57]
     Court thereupon fixes from the scale[Order 21 Rule 39(2)]


38. A judgement debtor's debtor is called ________ .
     Garnishee[Order 21 Rule 46A]


39. What can the court do in case the garnishee disputes liability?
     The court can try the issue as to determine liability[Order 21 Rule 46 C]


40. Can a claim with regard to attached property in execution be made after the property is sold?
     No.[Proviso (a) to Order 21 Rule 58]


41. How much amount of purchase money need a purchaser to deposit immediately after sale?
     25 percent[Order 21 Rule 84]


42. What are the general grounds specified in the Code for setting aside sale in execution?
     Material irregularity or fraud in publishing or conducting sale[Order 21 Rule 90]


43. What can the court do in case of a party's death not survived by any legal representative?
     The Court can appoint any authorised person to represent the estate.[Order 22 Rule 4A]


44. The plaintiff may abandon the suit any time after its institution. Can a minor plaintiff abandon the suit?
     Can be with the leave of the Court[Proviso to Order 23 Rule 1]


45. What will a person who institutes a suit for minor called?
     Next friend[Order 32 Rule 1]


46. Suits by indigent persons are provided in _________ .
     Order 33


47. In which explanation of Section 11, the principle of 'might and ought' embodied?
    Explanation IV


48. When did the Code of Civil Procedure, 1908 come into force?

     January 1,1909

49. Any person who intermeddles with the estate of the deceased person is called ________ .
     Legal representative[Section 2(11)]


50. What are mesne profits?
     Profits which the person in wrongful possession actually received[2(12)]


51. Section 6 of CPC deals with _________.
     Pecuniary jurisdiction of courts


52. Do the pendency of a suit in foreign court preclude courts in India from trying a suit founded on same cause of action?
     No. [Explanation to Section 10]


53. If the immovable property situates within the jurisdiction of different courts, in which court the suit may be instituted?
     In any court.[sec.17]


54. Which section empowers the Court to order any fact to be proved by affidavit?
     Section 30(c)


55. What is the maximum amount of compensatory costs that can be awarded?

     3000 rupees[S.35A(2)]

56. Which court will determine questions relating to discharge, satisfaction etc of the decree?
     Executing Court[Section 47]


57. A right to future maintenance ________ be attached in execution.

     Cannot[Proviso (n)sec.60(1)]

58. If the summons issued to defendant is returned unserved and the plaintiff fails to apply for fresh summons to the defendant within 7 days of the return, the suit will be_______.
     Dismissed under Order 9, Rule 5


59. An appeal from a decree passed in appeal has been provided under_____.
     sec.100


60. 'Guardian at litem' means person defending a suit on behalf of a _______.
     Minor

Post a Comment

  1. Very useful and informative

    ReplyDelete
  2. in wich section defendent apply to make him as a plantif of suit is that section is order 1 rule 10 .

    ReplyDelete
  3. Please go through Order 1 Rule 10 and Order 23 Rule 1A

    ReplyDelete
  4. weather notice u/o 21 rule 22 is appeal able,or review can be filed by plaintiff,after dismiss

    ReplyDelete

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