Code Of Civil Procedure - Practice Test

[#146] A suit relating to immovable property shall be instituted at a place:

(A) Where the defendant resides

(B) Where the property situated

(C) Where the plaintiff resides

(D) None of the above

Correct Answer

(B) Where the property situated

[#147] Which of the following deals with the procedure in case of non-attendance of one or more of served defendants in the Code of Civil Procedure?

(A) Order 9, Rule 11

(B) Order 4, Rule 13

(C) Order 6, Rule 10

(D) Order 10, Rule 22

Correct Answer

(A) Order 9, Rule 11

[#148] Execution of a decree can be applied for

(A) Against the judgment debtor personally

(B) In case of the judgment debtor being dead, against the legal representatives of the judgment debtor

(C) Against the person whom the court directs

(D) Both A and B

Correct Answer

(D) Both A and B

[#149] An ex-parte decree passed under Order XXXVII of Code of Civil Procedure can be set aside under Order XXXVII, Rule 4

(A) Under special circumstances

(B) On showing sufficient cause as contemplated under Order IX, Rule 13 of Code of Civil Procedure

(C) Under general circumstances

(D) Either A or B or C

Correct Answer

(A) Under special circumstances

[#150] In a contractual dispute between two parties A and B, A files a suit in New Delhi where the cause of action arose. Two days later, B files a suit in the same matter in Mumbai, where A is resident. The pendency of the first suit is not brought to the notice of the court in Mumbai. The court pronounces judgement in second suit before the first suit is decided. Would such decision operate as a bar on the court in New Delhi to try the suit any further?

(A) Yes, the principle of res judicata will apply

(B) No, the principle of res judicata only applies against 'former suits.' In this case, the suit in Mumbai was filed subsequent to the suit in Delhi and is therefore not a 'former suit.'

(C) No, because the parties did not disclose the pendency of the previous suit to the Court in Mumbai

(D) No, because the plaintiff in the first suit is not the plaintiff in the second suit

Correct Answer

(A) Yes, the principle of res judicata will apply

Code Of Civil Procedure - Study Mode

[#146] A suit relating to immovable property shall be instituted at a place:

Correct Answer

[#147] Which of the following deals with the procedure in case of non-attendance of one or more of served defendants in the Code of Civil Procedure?

Correct Answer

[#148] Execution of a decree can be applied for

Correct Answer

[#149] An ex-parte decree passed under Order XXXVII of Code of Civil Procedure can be set aside under Order XXXVII, Rule 4

Correct Answer

Correct Answer