Code Of Civil Procedure - Practice Test

[#901] An executing court can go behind the decree where

(A) The decree has been passed without jurisdiction - pecuniary, territorial or subject matter

(B) The decree is a nullity having been passed against a dead person without bringing his legal representatives on the record

(C) Where the decree is ambiguous

(D) All the above

Correct Answer

(D) All the above

[#902] Where an interim injunction has been granted under Order XXXIX of Code of Civil Procedure, 1908, without notice to opposite party, the court shall make an endeavour to finally dispose of the application within thirty days from the date of which . . . . . . . .

(A) The application was filed

(B) The injunction was granted

(C) The injunction order was served upon opposite party

(D) Opposite party appears in court

Correct Answer

(B) The injunction was granted

[#903] Which of the following deals with officers, soldiers, sailors or airmen cannot obtain leave may authorize any person to sue or defend for them in the Code of Civil Procedure?

(A) Order 12, Rule 1

(B) Order 28, Rule 1

(C) Order 19, Rule 6

(D) Order 17, Rule 10

Correct Answer

(B) Order 28, Rule 1

[#904] In which of the following cases, the doctrine of constructive res judicata is not applicable:

(A) A sues B on a contract and obtains a decree. B afterwards sues for rescission of the contract on the ground that it did not fully represent the agreement between the parties

(B) A sues B for possession of certain property alleging that it has come to his share on partition of Joint Family Property. B's contention that the partition has not taken place is upheld and the suit is dismissed. A subsequent suit was filed by A against B for partition of Joint Family Property

(C) A files a suit against B to recover money on a pro-note. B contends that the promissory note was obtained from him by undue influence. The objection is overruled and the suit is decreed. B challenges the promissory note on the ground of coercion and fraud in a subsequent suit

(D) All of the above

Correct Answer

(B) A sues B for possession of certain property alleging that it has come to his share on partition of Joint Family Property. B's contention that the partition has not taken place is upheld and the suit is dismissed. A subsequent suit was filed by A against B for partition of Joint Family Property

[#905] Alternative Disputes Redressal (ADR) is a concept in

(A) Evidence Act

(B) Civil Procedure Code

(C) Contract Act

(D) Motor Vehicles Act

Correct Answer

(B) Civil Procedure Code

Code Of Civil Procedure - Study Mode

[#901] An executing court can go behind the decree where

Correct Answer

[#902] Where an interim injunction has been granted under Order XXXIX of Code of Civil Procedure, 1908, without notice to opposite party, the court shall make an endeavour to finally dispose of the application within thirty days from the date of which . . . . . . . .

Correct Answer

[#903] Which of the following deals with officers, soldiers, sailors or airmen cannot obtain leave may authorize any person to sue or defend for them in the Code of Civil Procedure?

Correct Answer

[#904] In which of the following cases, the doctrine of constructive res judicata is not applicable:

Correct Answer

[#905] Alternative Disputes Redressal (ADR) is a concept in

Correct Answer