Code Of Civil Procedure - Practice Test

[#1436] The power under Order XXXVII, Rule 4 of Code of Civil Procedure is

(A) Confined to setting aside the ex-parte decree

(B) Not confined to setting aside the ex-parte decree and extends to staying or setting aside the execution but not to giving leave to appear and defend the suit

(C) Not confined to setting aside the ex-parte decree, and extends to staying or setting aside the exemption and giving leave to appear and defend the suit

(D) Confined to staying or setting aside the exemption

Correct Answer

(C) Not confined to setting aside the ex-parte decree, and extends to staying or setting aside the exemption and giving leave to appear and defend the suit

[#1437] Where it appears to the court that elements of an acceptable settlement exist, the court may refer it to:

(A) Arbitration/conciliation/mediation

(B) Judicial settlement, including that through Lok Adalat

(C) Both A and B

(D) None of the above

Correct Answer

(C) Both A and B

[#1438] Which of the following is not a part of expression "Decree" as defined under Section 2(2) of Civil Procedure Code?

(A) Adjudication of civil court

(B) Conclusive determination of rights

(C) Any order of dismissal for defaults

(D) Formal expression of an adjudication

Correct Answer

(C) Any order of dismissal for defaults

[#1439] In an 'Inter-pleader suit' there

(A) Are several claimants claiming the property adverse to each other

(B) Is only one claimant claiming the property against the other

(C) Are several claimants claiming the property under common interest of all

(D) None of the above

Correct Answer

(A) Are several claimants claiming the property adverse to each other

[#1440] Where a decree is silent as regards future interest

(A) Future interest shall be deemed to have been refused and a separate suit shall lie for the same

(B) Future interest shall be deemed to have been refused and a separate suit shall not lie

(C) Future interest shall be deemed to have been inadvertently omitted and an application can be moved before the court

(D) Future interest shall be deemed to have been granted and it shall be a clerical or arithmetical error to be corrected on application

Correct Answer

(B) Future interest shall be deemed to have been refused and a separate suit shall not lie

Code Of Civil Procedure - Study Mode

[#1436] The power under Order XXXVII, Rule 4 of Code of Civil Procedure is

Correct Answer

[#1437] Where it appears to the court that elements of an acceptable settlement exist, the court may refer it to:

Correct Answer

[#1438] Which of the following is not a part of expression "Decree" as defined under Section 2(2) of Civil Procedure Code?

Correct Answer

[#1439] In an 'Inter-pleader suit' there

Correct Answer

[#1440] Where a decree is silent as regards future interest

Correct Answer