Code Of Civil Procedure - Practice Test

[#46] Can a person who has not suffered special damage because of public nuisance or wrongful act affecting the public file a suit?

(A) Absolutely not

(B) Yes, provided the plaint is filed by two or more persons and leave of the court is obtained

(C) Yes, because everyone is a member of the public and can espouse grievance and seek appropriate relief under Section 38 of the Specific Relief Act

(D) Yes, only if the plaintiff seeks approval and is granted sanction by the Advocate General of the State

Correct Answer

(B) Yes, provided the plaint is filed by two or more persons and leave of the court is obtained

[#47] Which one comes in the preview of "formal defect" for withdrawal of suit under Order 23, Rule 1(3) of Code of Civil Procedure?

(A) Want of notice under Section 80 Code of Civil Procedure

(B) Confusion regarding identification of suit property

(C) Improper valuation of suit

(D) All of these

Correct Answer

(D) All of these

[#48] A receiver cannot be appointed

(A) When no harm is going to be caused to any party by such appointment

(B) When the property is in possession of a party to the suit

(C) Both A and B

(D) Neither A nor B

Correct Answer

(C) Both A and B

[#49] Under . . . . . . . . amendment of preliminary decree to incorporate interest portion in judgment of trial court not justified

(A) Order 6 Rule 17 Code of Civil Procedure

(B) Order 7 Rule 12 Code of Civil Procedure

(C) Order 8 Rule 13 Code of Civil Procedure

(D) Order 20 Rule 1 Code of Civil Procedure

Correct Answer

(A) Order 6 Rule 17 Code of Civil Procedure

[#50] If the appellant withdraws the appeal preferred against a decree passed ex parte, the application under order 9, Rule 13 of Civil Procedure Code shall be-

(A) Returned

(B) Maintainable

(C) Referred for opinion of the Appellate Court

(D) Rejected

Correct Answer

(B) Maintainable

Code Of Civil Procedure - Study Mode

[#46] Can a person who has not suffered special damage because of public nuisance or wrongful act affecting the public file a suit?

Correct Answer

[#47] Which one comes in the preview of "formal defect" for withdrawal of suit under Order 23, Rule 1(3) of Code of Civil Procedure?

Correct Answer

[#48] A receiver cannot be appointed

Correct Answer

[#49] Under . . . . . . . . amendment of preliminary decree to incorporate interest portion in judgment of trial court not justified

Correct Answer

[#50] If the appellant withdraws the appeal preferred against a decree passed ex parte, the application under order 9, Rule 13 of Civil Procedure Code shall be-

Correct Answer