Code Of Civil Procedure - Practice Test

[#1131] A decision on an issue of law operates as res judicata

(A) If the cause of action in the subsequent suit is the same as in the former suit, only when the decision on the point of law is correct

(B) If the cause of action in the subsequent suit is the same as in the former suit, even though the decision on the point of law is erroneous

(C) If the cause of action in the subsequent suit is different from that in the former suit, when the decision on the point of law is correct

(D) None of the above

Correct Answer

(B) If the cause of action in the subsequent suit is the same as in the former suit, even though the decision on the point of law is erroneous

[#1132] Which one of the following properties is liable to attachment and sale in the execution of a decree?

(A) Right to future maintenance

(B) A promissory note

(C) Books of account

(D) A right of personal service

Correct Answer

(B) A promissory note

[#1133] In execution of a decree obtained by A against, B, certain property belonging to B is attached. During the pendency of the attachment, B mortgages the property to C. The property is then sold in execution of the decree and purchased by D.

(A) Here, the mortgage having been made contrary to the attachment is void as against A's claim, and D is not entitled to take the property free from the mortgage created by B

(B) Here, the mortgage having been made contrary to the attachment is not void as against A's claim, and D is not entitled to take the property free from the mortgage created by B

(C) Here, the mortgage having been made contrary to the attachment is void as against A's claim, and D is entitled to take the property free from the mortgage created by B

(D) None of these

Correct Answer

(C) Here, the mortgage having been made contrary to the attachment is void as against A's claim, and D is entitled to take the property free from the mortgage created by B

[#1134] In which of the following cases would an application lie to the High Court?

(A) In which of the following cases would an application lie to the High Court?

(B) Where the several Courts having jurisdiction are subordinate to the same appellate Court

(C) Where the several Courts having jurisdiction are subordinate to different High Courts

(D) Where the several Courts having jurisdiction are subordinate to different appellate but to the same High Court

Correct Answer

(D) Where the several Courts having jurisdiction are subordinate to different appellate but to the same High Court

[#1135] As provided under Order 8 Rule 1 of Code of Civil Procedure, the defendant shall present a written statement of his defence within . . . . . . . .

(A) One month from the date of service of summons on him

(B) Thirty days from the date of issuance of summons

(C) Thirty days from the date of service of summons on him

(D) Sixty days from the date of service of summons on him

Correct Answer

(C) Thirty days from the date of service of summons on him

Code Of Civil Procedure - Study Mode

[#1131] A decision on an issue of law operates as res judicata

Correct Answer

[#1132] Which one of the following properties is liable to attachment and sale in the execution of a decree?

Correct Answer

[#1133] In execution of a decree obtained by A against, B, certain property belonging to B is attached. During the pendency of the attachment, B mortgages the property to C. The property is then sold in execution of the decree and purchased by D.

Correct Answer

[#1134] In which of the following cases would an application lie to the High Court?

Correct Answer

[#1135] As provided under Order 8 Rule 1 of Code of Civil Procedure, the defendant shall present a written statement of his defence within . . . . . . . .

Correct Answer