MODEL QUESTION ON CPC 1908 ( Q 26 - 45)

CIVIL PROCEDURE CODE 1908

26. Which of the following is not a decree

(a) Rejection of a plaint (b) Dismissal in default

(c) Both (a) & (b) (d) Neither (a) nor (b) Ans:b

27. Rejection of an application for condonation of delay and consequent dismissal of appeal as time barred is

(a) A decree (b) Preliminary decree

(c) Not a decree (d) None Ans:c

28. If an appeal against a preliminary decree succeeds, the final decree

(a) Can be passed (b) Can or cannot be passed

(c) Automatically fails (d) None Ans:c

29. A decree, when further proceedings have to be taken before the suit can be completely disposed of, is a

(a) Final decree (b) Preliminary decree

(c) Preliminary decree and partly final decree (d) None of these Ans:b

30. A decree does not include

(a) Any order of dismissal for default

(b) Any adjudication from which an appeal lies as an appeal from an order
(c) Either a. or b. (d) Both a. and b. Ans:d

31. A decree, when an adjudication completely disposes of the suit, is a

(a) Preliminary decree (b) Final decree

(c) Partly preliminary and partly final (d) None of these Ans:b

32. One of the following is a decree

(a) An order dismissing a suit for default of appearance
(b) An order rejecting an application for leave to sue informa pauperis
(c) An order returning the plaint for presentation to the proper court
(d) None of these Ans:c

33. One of the following is a decree

(a) Any order of dismissal for default

(b) Any adjudication from which an appeal is lies as appeal from an order
(c) Rejection of a plaint (d) None of these Ans:c

34. ‘Decree holder’ means

(a) Any person against whom a decree has been passed
(b) Any person in whose favour a decree has been passed or an order

capable of execution has been made
(c) Either a. or b. (d) Neither a. nor b. Ans:b

35. The first uniform Code of civil Procedure was enacted in the year

(a) 1908 (b) 1859 (c) 1882 (d) 1872 Ans:b

36. Decree shall be deemed to include the rejection of a plaint and the determination of any question within Section 144 of C.P.C.-

(a) Wrong (b) Right
(c) It includes rejection of plaint but does not includes the determination of any

question within Section 144 of C.P.C
(d) It includes determination of any question within Section 144 but shall not

include the rejection of a plaint Ans:b

37 The Code of Civil Procedure (Amendment) Act, 2002 came into force on

(a) 1st April, 2002 (b) 1st June, 2002

(c) 6th June, 2002 (d) 1st July, 2002 Ans:d

38. The Code of Civil Procedure (Amendment) Act, 1999 as well as the Amendment Act, 2002 were held constitutionally valid in

(a) T.K. Rangarajan Vs. Govt. of Tamil Nadu

(b) Selam Bar Association Vs. Union of India
(c) State of Punjab Vs. Sivaram

(d) Centre for public interest Vs. Union of India Ans:b

39. The substantive part contained is

(a) Sections (b) Rules

(c) Orders (d) None of these. Ans:a

40. The procedural part contained is

(a) Sections (b) Rules

(c) Codes (d) None Ans:c

41. ‘Decree’ has been defined in section ____ of the Civil Procedure Code

(a) 5 (b) 4

(c) 3(2) (d) 2(2) Ans:d

42. Which of the following Orders deals with commissions?

(a) O. XXVI (b) O.XXII

(c) O.XXIII (d) O.XXV Ans:a

43. ‘Public Officer’ is defined in………………..of Code of civil Procedure 1908.

(a) 2(16) (b) 2(14)

(c) 2(17) (d) 2(19) Ans:c

44. CPC include

a) 51 orders & 158 Sections b) 101 orders & 511 Section

c) 35 orders & 488 Sections d) None of these Ans:a

45. In a suit under order XXXVII, Rule 2 of CPC the defendant has to put in appearance within

a) 10 days of service of summon b) 15 days of service of summon

c) 30 days of service of summon d) None of these Ans:c

(Prepared by AB Kantharaja Kodagu Dn, Karnataka, presently serving in APS (http://abkantharaja.blogspot.com mobile No 08969822340 logon this blog for more model questions)