Code Of Civil Procedure - Practice Test

[#1046] Under section 47 of Code of Civil Procedure, all questions arising between the parties to the suit, relating to execution, discharge or satisfaction of the decree have to be decided

(A) By the executing court

(B) By a separate suit

(C) Either A or B

(D) Both A and B

Correct Answer

(A) By the executing court

[#1047] Under section 89 of Code of Civil Procedure, the court can refer the dispute for settlement outside the court

(A) If the dispute is of short term

(B) If there exist elements of settlement which may be acceptable to the parties

(C) If the dispute is a petty dispute

(D) All the above

Correct Answer

(B) If there exist elements of settlement which may be acceptable to the parties

[#1048] Order XXI Rule 37 provides that where an application is for execution of decree for the payment of money by the arrest and detention in the civil prison of a judgment-debtor who is liable to be arrested in pursuance of the application

(A) The court shall, instead of issuing a warrant for his arrest, issue a notice calling upon him to appear before the court on a day to be specified in the notice and show cause why he should not be committed to the civil person

(B) The court shall issue a warrant for the arrest of the judgment-debtor

(C) The court shall advise the decree holder to settle the matter through Lok Adalat

(D) The court shall refer the parties to Arbitration under Arbitration and Conciliation Act, 1996

Correct Answer

(A) The court shall, instead of issuing a warrant for his arrest, issue a notice calling upon him to appear before the court on a day to be specified in the notice and show cause why he should not be committed to the civil person

[#1049] Upon grant of an ex parte injunction, the plaintiff has to comply with the proviso to Order XXXIX, Rule 3 of the Code of Civil Procedure, by filing an affidavit:

(A) Within seven days from the date on which injunction is granted

(B) Within three days from the date on which such injunction is granted

(C) On the day on which injunction is granted or on the day immediately following that day

(D) Within fifteen days from the date on which injunction is granted

Correct Answer

(C) On the day on which injunction is granted or on the day immediately following that day

[#1050] The court may by order appoint a receiver of any property before decree:

(A) Where it appears to the court to be just and convenient

(B) Where the suit property is in danger of being wrongfully sold in execution of a decree

(C) Where the defendant is about to dispose of the whole or any part of his property

(D) Where the defendant has ascended the local limits of the jurisdiction of the court

Correct Answer

(A) Where it appears to the court to be just and convenient

Code Of Civil Procedure - Study Mode

[#1046] Under section 47 of Code of Civil Procedure, all questions arising between the parties to the suit, relating to execution, discharge or satisfaction of the decree have to be decided

Correct Answer

[#1047] Under section 89 of Code of Civil Procedure, the court can refer the dispute for settlement outside the court

Correct Answer

[#1048] Order XXI Rule 37 provides that where an application is for execution of decree for the payment of money by the arrest and detention in the civil prison of a judgment-debtor who is liable to be arrested in pursuance of the application

Correct Answer

[#1049] Upon grant of an ex parte injunction, the plaintiff has to comply with the proviso to Order XXXIX, Rule 3 of the Code of Civil Procedure, by filing an affidavit:

Correct Answer

[#1050] The court may by order appoint a receiver of any property before decree:

Correct Answer