Code Of Civil Procedure - Practice Test

[#301] Wife obtains a decree for restitution of conjugal rights against the husband. The husband fails to comply with the decree. The Court, in: execution:

(A) Shall direct the Police to ensure that the husband does not obstruct the wife from cohabiting with the husband

(B) Shall order arrest of the husband and detention in civil prison till he complies with the decree or for a maximum period of three months, whichever is earlier

(C) Shall order arrest and attachment of the property of the husband and detention in civil prison and continuance of attachment till the husband complies with the decree

(D) May direct the husband to make periodical payments, as may be fixed, to be made to the wife and recover the said monies as under a decree for recovery of money

Correct Answer

(B) Shall order arrest of the husband and detention in civil prison till he complies with the decree or for a maximum period of three months, whichever is earlier

[#302] A decree for execution cannot be sent to a:

(A) Foreign court

(B) Court outside India established by the authority of Central Government

(C) Both A and B

(D) Neither A nor B

Correct Answer

(A) Foreign court

[#303] Which of the following deals with power to amend decree or order where appeal is summarily dismissed in the Code of Civil Procedure?

(A) Section 145A

(B) Section 103A

(C) Section 148A

(D) Section 153A

Correct Answer

(D) Section 153A

[#304] Dhulabhai etc. v. State of Madhya Pradesh and another, AIR 1969 SC 78, lays down certain principles regarding the exclusion of jurisdiction of civil courts. Which of the following is not a principle laid down:

(A) Where a statute gives a finality to the orders of the special tribunals, the civil courts jurisdiction must be held to be excluded if there is adequate remedy to do what the civil court would normally do in a suit

(B) Where there is an express bar of jurisdiction of the court, an examination of the scheme of the particular Act to find out the adequacy or sufficiency of the remedies provided may be relevant but is not decisive to sustain the jurisdiction of the civil court

(C) Questions as to the correctness of the assessment apart from its constitutionality are the decisions of the authorities and a civil suit lies even if the orders of the authorities are declared to be final

(D) None of the above

Correct Answer

(C) Questions as to the correctness of the assessment apart from its constitutionality are the decisions of the authorities and a civil suit lies even if the orders of the authorities are declared to be final

[#305] The general principle of waiver that provides the failure to raise objection in the court of the first instance and at the earliest opportunity shall prevent the defendant from raising such objection at a subsequent state and the judgment would not be vitiated on the ground of absence of territorial or pecuniary jurisdiction is reflected in which provision of Civil Procedure Code.

(A) Section 15

(B) Section 16

(C) Section 51

(D) Section 21

Correct Answer

(D) Section 21

Code Of Civil Procedure - Study Mode

[#301] Wife obtains a decree for restitution of conjugal rights against the husband. The husband fails to comply with the decree. The Court, in: execution:

Correct Answer

[#302] A decree for execution cannot be sent to a:

Correct Answer

[#303] Which of the following deals with power to amend decree or order where appeal is summarily dismissed in the Code of Civil Procedure?

Correct Answer

[#304] Dhulabhai etc. v. State of Madhya Pradesh and another, AIR 1969 SC 78, lays down certain principles regarding the exclusion of jurisdiction of civil courts. Which of the following is not a principle laid down:

Correct Answer

Correct Answer