1. Code of Civil Procedure,1908 is Act No. __ of 1908?
(A)5
(B)11
(C)23
(D)33
Ans: (A)5
2. Code of Civil Procedure,1908 came into force on?
(A)1 January 1908
(B)1 January 1909
(C)1 July 1910
(D)22 June 1908
Correct answer
(B)1 January 1909
3. Code of Civil Procedure,1908 extends to the whole of India except?
(A)State of Jammu and Kashmir
(B)the State of Nagaland and the tribal areas
(C)Both A and B
(D)State of Assam and Sikkim
Correct answer
(B)the State of Nagaland and the tribal areas
4. Who among the following has the power to extend the provisions of Code of Civil Procedure,1908 or any of them to the whole or part of the State of Nagaland or such tribal areas, as the case may be, with such supplemental, incidental or consequential modifications?
(A)Central Government
(B)State Government
(C)President of India
(D)Parliament of India
Correct answer
(B)State Government
5. “Tribal areas” under Code of Civil Procedure,1908 means the territories which, immediately before the 21st day of January, 1972, were included in the tribal areas of which state as referred to in paragraph 20 of the Sixth Schedule to the Constitution?
(A)Assam
(B)Nagaland
(C)Sikkim
(D)West Bengal
Ans: (A)Assam
6. “Decree” as defined under Code of Civil Procedure,1908 means?
(A)a person who brings a case against another in a court of law
(B)a writ or order by which a higher court reviews a case tried in a lower court
(C)a formal expression of an adjudication which conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit
(D)a form of written command in the name of a court
Correct answer
(C) a formal expression of an adjudication which conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit
7. “Decree” as defined under Code of Civil Procedure,1908 shall be deemed to include the rejection of a plaint and the determination of any question within section 144, but shall not include
(A)any adjudication from which an appeal lies as an appeal from an order
(B)any order of dismissal for default
(C)Both A and B
(D)None of the above
Correct answer
(C) Both A and B
8. Which among the following is/are correct with regard to “decree” as defined in CPC, 1908?
(A)A decree is preliminary when further proceedings have to be taken before the suit can be completely disposed of
(B)A decree is final when such adjudication completely disposes of the suit
(C)A decree can be partly preliminary and partly final
(D)All the above are correct
Correct answer
(D) All the above are correct
9. “Decree-holder” as defined under Code of Civil Procedure,1908 means
(A)a person who files a suit before a court of law
(B)a person against whom an order of decree is issued by the court of law
(C)any person in whose favour a decree has been passed or an order capable of execution has been made
(D)None of the above
Correct answer
(C) any person in whose favour a decree has been passed or an order capable of execution has been made
10. “District” under CPC 1908 means
(A)local limits of the jurisdiction of a principal Civil Court of original jurisdiction (District Court)
(B)it includes the local limits of the ordinary original civil jurisdiction of a High Court
(C)Both A and B
(D)District in which the High Court of the respective state situates
Correct answer
(C) Both A and B
11. Which among the following is/are correct with regard to “Foreign Court” as defined under Code of Civil Procedure, 1908 (i) Court situated outside India (ii) court not established or continued by the authority of the Central Government (iii) Court other than which the case is heard
(A)only (i) is correct
(B)only (iii) is correct
(C)(i) and (ii) only are correct
(D)(i), (ii) and (iii) are correct
Correct answer
(C) (i) and (ii) only are correct
12. Which among is following is/are correct with regard to Code of Civil Procedure,1908
(A)”foreign judgment” means the judgment of a foreign Court
(B)”Judge” means the presiding officer of a Civil Court
(C)”judgment” means the statement given by the Judge of the grounds of a decree or order
(D)All the above are correct
Correct answer
(D) All the above are correct
13. “High Court” in relation to the Andaman and Nicobar Islands, means the?
(A)High Court in Calcutta
(B)High Court in Madras
(C)High Court in Andhra Pradesh
(D)High Court in Kerala
Ans: (A)High Court in Calcutta
14. “Government Pleader” as defined under Code of Civil Procedure,1908 includes
(A)any officer appointed by the State Government to perform all or any of the functions expressly imposed by this Code on the Government Pleader
(B)any pleader acting under the directions of the Government Pleader
(C)Both A and B are correct
(D)an impartial adviser to a court of law in a particular case
Correct answer
(C) Both A and B are correct
15. “Judgment-debtor” as defined under Code of Civil Procedure,1908 means
(A)any person in whose favour a decree has been passed or an order capable of execution has been made
(B)any person against whom a decree has been passed or an order capable of execution has been made
(C)a reserved judgment
(D)judgement in which a recovery has been ordered
Correct answer
(B) any person against whom a decree has been passed or an order capable of execution has been made
16. “Legal representative” under CPC 1908 means a person who in law represents the __ of a deceased person?
(A)plaintiff
(B)Estate
(C)Legal Heir Certificate
(D)movable property
Correct answer
(B)Estate
17. “Mesne profits” of property under CPC 1908 means (i) those profits which the person in wrongful possession of such property actually received (ii) or might with ordinary diligence have received therefrom together with interest on such profits (iii) shall not include profits due to improvements made by the person in wrongful possession
(A)(i) only
(B)(i) and (ii) only
(C)(ii) and (iii) only
(D)(i), (ii) and (iii)
Correct answer
(D)(i), (ii) and (iii)
18. “Movable property” as defined under Code of Civil Procedure,1908 includes
(A)growing crops
(B)bank accounts
(C)insurance policies
(D)All the above
Ans: (A)growing crops
19. “Order” means the formal expression of any decision of a Civil Court which is not a?
(A)decree
(B)judgment
(C)adjudication
(D)All the above
Ans: (A)decree
20. “Pleader” as defined under CPC 1908 means any person entitled to appear and plead for another in Court, and includes?
(A)an advocate
(B)a vakil
(C)an attorney of a High Court
(D)All the above
Correct answer
(D) All the above
21. “Public officer” as defined under Code of Civil Procedure,1908 means a person falling under which among the following descriptions
(A)every Judge
(B)every member of All-India Service
(C)every commissioned or gazetted officer in the military while serving under the Government
(D)All the above
Correct answer
(D) All the above
22. “Public officer” as defined under Code of Civil Procedure,1908 means a person falling under which among the following descriptions
(A)Every officer of a court of Justice whose duty it is, as such officer, to investigate or report on any matter of law or fact
(B)every person who holds any office by virtue of which he is empowered to place or keep any person in confinement
(C)every officer in the service or pay of the Government, or remunerated by fees or commission for the performance of any public duty
(D)All the above
Correct answer
(D) All the above
23. “Share in a corporation” as defined under Code of Civil Procedure,1908 shall be deemed to
(A)stock
(B)debenture stock
(C)debentures or bonds
(D)All the above
Correct answer
(D) All the above
24. As defined under CPC 1908, __, save in the case of a judgment or decree, includes stamped?
(A)Ordered
(B)Issued
(C)Signed
(D)Released
Correct answer
(C) Signed
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