Code Of Civil Procedure - Practice Test

[#416] In case a party to the suit dies and no application moved for the substitution of the legal representatives within the statutory period, under Order XXII, Rule 19 of Code of Civil Procedure

(A) The suit automatically abates on the expiry of the statutory period for moving the application without any formal order of the court

(B) The suit automatically abates on the expiry of the statutory period for moving the application, however, there has to be a formal and specific order of the court to that effect

(C) The suit does not abate automatically on the expiry of the statutory period for moving the application and a formal and specific order of the court to that effect is a must

(D) The suit is to be stayed till the application is presented

Correct Answer

(A) The suit automatically abates on the expiry of the statutory period for moving the application without any formal order of the court

[#417] Attachment before judgment can be removed under Order XXXVIII, Rule 9 of Code of Civil Procedure

(A) On dismissal of the suit

(B) On furnishing of security required by the defendant

(C) On A and B both

(D) Only A and not B

Correct Answer

(C) On A and B both

[#418] Which of the following statements is/are correct? 1. The expression "decree" includes a final order. 2. Garnishee is a person who is liable to pay a debt to a decree-holder or
to deliver any movable property to him. Select the correct statement:

(A) 1 only

(B) 2 only

(C) Both 1 and 2

(D) Neither 1 nor 2

Correct Answer

(A) 1 only

[#419] Under Order XXXIII, Rule 9 of Code of Civil Procedure, permission to sue as pauper can be withdrawn

(A) If the plaintiff is guilty of vexatious or improper conduct in the course of the suit

(B) If the plaintiff has entered into an agreement with reference to subject-matter of the suit creating an interest in that person

(C) Both A and B

(D) Neither A nor B

Correct Answer

(C) Both A and B

[#420] Execution of a decree can

(A) Be stayed by the court passing the decree under all the circumstances

(B) Be stayed by the court passing the decree before the time allowed for appeal

(C) Not be stayed by the court passing the decree under any circumstances

(D) Either A or C

Correct Answer

(B) Be stayed by the court passing the decree before the time allowed for appeal

Code Of Civil Procedure - Study Mode

[#416] In case a party to the suit dies and no application moved for the substitution of the legal representatives within the statutory period, under Order XXII, Rule 19 of Code of Civil Procedure

Correct Answer

[#417] Attachment before judgment can be removed under Order XXXVIII, Rule 9 of Code of Civil Procedure

Correct Answer

[#418] Which of the following statements is/are correct? 1. The expression "decree" includes a final order. 2. Garnishee is a person who is liable to pay a debt to a decree-holder or to deliver any movable property to him. Select the correct statement:

Correct Answer

[#419] Under Order XXXIII, Rule 9 of Code of Civil Procedure, permission to sue as pauper can be withdrawn

Correct Answer

[#420] Execution of a decree can

Correct Answer

[#418] Which of the following statements is/are correct? 1. The expression "decree" includes a final order. 2. Garnishee is a person who is liable to pay a debt to a decree-holder or
to deliver any movable property to him. Select the correct statement: