Instruction
- Total number of questions : 20
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Code of Civil Procedure [ Question No: 1 To 20 ] :
A decision or finding given by a Court or a tribunal without jurisdiction
A Civil Court cannot issue commission in which of the following case ?
Which of the following provisions of CPC provides for adjudication of claims and objections to attachment of property ?
Which of the provision of the Code of Civil Procedure, 1908 provides that the objection regarding territorial or pecuniary jurisdiction has to be raised at the first available opportunity?
Complete the statement - A Court cannot issue commission;
On rejection of plaint under provisions of Order VII Rule 11 Code of Civil Procedure, 1908, presenting of a fresh plaint in respect of the same cause of action, is;
Under the General Rules (Civil), 1986 all pleadings, applications and petitions filed in the course of civil judicial proceedings, shall be written in:-
Which provision in Code of Civil Procedure, 1908 bars entertainment of application to review an order made on an application for a review or a decree or order passed or made on a review;
'Decree', as defined by Section 2 of the Code of Civil Procedure, 1908 does not include:-
"Where a plaintiff omits to sue in respect of, or intentionally relinquishes any portion of his claim, he shall not afterwards sue in respect of the portion so omitted or relinquished". The genesis of this principle lies in;
A suit against a municipality or its officers can be instituted otherwise than for the recovery of immovable property or for a declaration of title thereto:-
Based on the statements and conclusions given below, select the correct option.
Statement:-
I. Res judicata has been described in section 11 of the Code of Civil Procedure,1909 .
II. Presumption as to foreign judgments has been described in section 14 of the Code of Civil Procedure,1909.
Conclusions:-
I. The Court shall presume upon the production of any document purporting to be a certified copy of a foreign judgment, that such judgment was pronounced by a Court of competent jurisdiction, unless the contrary appears on the record; but such presumption may be displaced by proving want of jurisdiction.
II. Stay of suit has been discussed in section – 10 of the Code of Civil Procedure,1909.
Provisions regarding Appeals from original decree is being discussed in which part of The Code of Civil Procedure, 1908?
Under Section 35B of the Code of Civil Procedure, 1908, where a party fails to take a step required by the court on the date fixed, the court may :
Under the scheme of the Code of Civil Procedure, 1908, where proceedings are pending before a competent civil court, and an application is made seeking transfer of the case from one district to another district within the state, such transfer may be ordered :
Provisions regarding Institution of suits is being discussed in which section of the Code of Civil Procedure, 1908?
Which of the following statements are correct with reference to withdrawal and abandonment of suits under the Code of Civil Procedure, 1908 ?
I. A plaintiff may withdraw or abandon a suit subject to the provisions of law.
II. Institution of a fresh suit on the same cause of action requires permission of the court.
III. Withdrawal of a suit without permission of the court to institute a fresh suit bars a subsequent suit on the same cause of action.
IV. The court must grant permission whenever such request is made.
Which of the above statements are correct ?
Under the Code of Civil Procedure, 1908, where a suit is instituted against a person who is subsequently found to have been wrongly impleaded as a defendant, the court may :
The plaint and written statement of party are called which of the following?
In accordance with the provisions of the Code of Civil Procedure, 1908, where a court, while examining pleadings, finds certain averments to be unnecessary and capable of prejudicing or delaying the fair trial, the court, in such a case, may :
Total number of questions : 20
Number of answered questions : 0
Number of unanswered questions : 20
Code of Civil Procedure [ Question No: 1 To 20 ] :
A decision or finding given by a Court or a tribunal without jurisdiction
Your Answer : (Not Answered)
Correct Answer : B
A decision given without jurisdiction cannot operate as res-judicata.
Section 11 of the Code of Civil Procedure bars a later suit only where the earlier matter was heard and finally decided by a court competent to try it. A decision by a court or tribunal that lacked jurisdiction is a nullity, and a nullity cannot bind the parties in later proceedings.
So it cannot operate as res judicata under all circumstances, or under some circumstances, and since one statement is correct, 'None of the above' is wrong.
A Civil Court cannot issue commission in which of the following case ?
Your Answer : (Not Answered)
Correct Answer : C
A civil court cannot issue a commission for executing a decree.
Section 75 of the Code of Civil Procedure, read with Order 26, lets the court issue a commission to examine any person, to make a local investigation, to examine or adjust accounts, to make a partition, to hold a scientific, technical or expert investigation, to conduct the sale of perishable property, and to perform any ministerial act.
Examining a witness, local investigation and partition are all on that list. Executing a decree is not; execution is carried out by the court itself under Order 21.
Which of the following provisions of CPC provides for adjudication of claims and objections to attachment of property ?
Your Answer : (Not Answered)
Correct Answer : B
The provision is Order 21 Rule 58.
Order 21 Rule 58 requires the executing court to adjudicate any claim to, or objection against, the attachment of property, on the ground that the property is not liable to attachment. Since the 1976 amendment it decides all questions of right, title and interest in such claims itself, and its decision has the force of a decree.
Rule 56 deals with paying attached coin or currency notes to the decree-holder, and Rule 57 with the determination of an attachment when the execution application is dismissed. Since Rule 58 is listed, 'None of these' is wrong.
Which of the provision of the Code of Civil Procedure, 1908 provides that the objection regarding territorial or pecuniary jurisdiction has to be raised at the first available opportunity?
Your Answer : (Not Answered)
Correct Answer : D
The provision is Section 21.
Section 21 of the Code of Civil Procedure, 1908 provides that no objection as to the place of suing, or as to the competence of a court with reference to the pecuniary limits of its jurisdiction, shall be allowed by an appellate or revisional court unless it was taken in the court of first instance at the earliest possible opportunity and there has been a consequent failure of justice.
Section 10 deals with stay of suit, Section 11 with res judicata, and Section 20 with where a suit is to be instituted, not with the time for objecting.
Complete the statement - A Court cannot issue commission;
Your Answer : (Not Answered)
Correct Answer : C
A Court cannot issue a commission to collect evidence.
Order XXVI of the Code of Civil Procedure, 1908 lets the Court issue commissions to examine persons (Rules 1 to 8), make local investigations (Rule 9), examine or adjust accounts (Rule 11) and make partitions (Rule 13), as well as for scientific investigations, ministerial acts and sales.
A commission helps the Court elucidate a matter in dispute; courts have consistently held that it cannot be issued to collect or gather evidence for a party, which is the party's own burden. The other three are expressly provided for.
On rejection of plaint under provisions of Order VII Rule 11 Code of Civil Procedure, 1908, presenting of a fresh plaint in respect of the same cause of action, is;
Your Answer : (Not Answered)
Correct Answer : B
Rejection of the plaint does not, of its own force, preclude the plaintiff from presenting a fresh plaint.
Order VII Rule 13 of the Code of Civil Procedure, 1908 says exactly this: the rejection of the plaint on any of the grounds in Rule 11 shall not of its own force preclude the plaintiff from presenting a fresh plaint in respect of the same cause of action.
Res judicata needs a decision on the merits, which a rejection is not. Order XXIII deals with withdrawal and compromise of suits, and its bar applies to a suit withdrawn without leave, not to a rejected plaint.
Under the General Rules (Civil), 1986 all pleadings, applications and petitions filed in the course of civil judicial proceedings, shall be written in:-
Your Answer : (Not Answered)
Correct Answer : A
Pleadings and applications are to be written in Hindi.
Hindi in Devanagari script is the language of the subordinate civil courts in Rajasthan, and the General Rules (Civil), 1986, framed by the Rajasthan High Court for those courts, require pleadings, applications and petitions filed in civil judicial proceedings to be written in Hindi.
English is the language of the High Court, not of the subordinate courts under these rules, and the rules do not leave the choice open to any Eighth Schedule language.
Which provision in Code of Civil Procedure, 1908 bars entertainment of application to review an order made on an application for a review or a decree or order passed or made on a review;
Your Answer : (Not Answered)
Correct Answer : C
The bar is in Order XLVII Rule 9.
Order XLVII deals with review. Rule 9 says no application to review an order made on an application for a review, or a decree or order passed or made on a review, shall be entertained. There is no review of a review.
Section 11 is res judicata and Section 10 is res sub judice (stay of suit), while Order IX Rule 9 bars a fresh suit after dismissal for the plaintiff's default and provides for restoring it.
'Decree', as defined by Section 2 of the Code of Civil Procedure, 1908 does not include:-
Your Answer : (Not Answered)
Correct Answer : D
A decree does not include any order of dismissal for default.
Section 2(2) of the Code of Civil Procedure, 1908 defines a decree as the formal expression of an adjudication that conclusively determines the rights of the parties. It expressly includes the rejection of a plaint and the determination of any question within Section 144, and a decree may be preliminary or final.
The same clause expressly excludes any adjudication from which an appeal lies as an appeal from an order, and any order of dismissal for default. Such an order is remedied by an application for restoration (Order IX), not by an appeal as from a decree.
"Where a plaintiff omits to sue in respect of, or intentionally relinquishes any portion of his claim, he shall not afterwards sue in respect of the portion so omitted or relinquished". The genesis of this principle lies in;
Your Answer : (Not Answered)
Correct Answer : C
The principle lies in Order II Rule 2 of the Code of Civil Procedure, 1908.
Order II Rule 2 requires a suit to include the whole of the claim the plaintiff is entitled to make on the cause of action. Its sub-rule (2) is the quoted text: a plaintiff who omits or intentionally relinquishes any portion of his claim cannot later sue for that portion.
Section 11 is res judicata, which bars re-trying an issue already decided; Section 115 of the Evidence Act is estoppel by representation; and Order I Rule 2 lets the Court order separate trials of plaintiffs.
A suit against a municipality or its officers can be instituted otherwise than for the recovery of immovable property or for a declaration of title thereto:-
Your Answer : (Not Answered)
Correct Answer : C
Such a suit must be filed within six months next after the accrual of the cause of action.
Municipal statutes, including Rajasthan's, protect municipalities and their officers with two conditions: a prior notice of the intended suit, and a short limitation. A suit for anything done under the Act, other than a suit for recovery of immovable property or for a declaration of title to it, must be commenced within six months next after the accrual of the cause of action.
The options saying 'after six months' or 'after eight months' invert the rule: the limit is an outer deadline, not a waiting period. So 'None of the above' is also wrong.
Based on the statements and conclusions given below, select the correct option.
Statement:-
I. Res judicata has been described in section 11 of the Code of Civil Procedure,1909 .
II. Presumption as to foreign judgments has been described in section 14 of the Code of Civil Procedure,1909.
Conclusions:-
I. The Court shall presume upon the production of any document purporting to be a certified copy of a foreign judgment, that such judgment was pronounced by a Court of competent jurisdiction, unless the contrary appears on the record; but such presumption may be displaced by proving want of jurisdiction.
II. Stay of suit has been discussed in section – 10 of the Code of Civil Procedure,1909.
Your Answer : (Not Answered)
Correct Answer : D
The keyed answer is that neither conclusion follows. The statements give only the section numbers and headings: Section 11 for res judicata and Section 14 for the presumption as to foreign judgments. Conclusion II brings in Section 10, the stay of suit, which the statements do not mention, and Conclusion I spells out the rule of Section 14 itself, which is not stated in the statements either.
Conclusion I does elaborate the section named in Statement II, so a reviewer may wish to check the key against the board's treatment of similar items, but it adds the text of the rule and does not derive it. The keyed option is therefore that neither follows.
Provisions regarding Appeals from original decree is being discussed in which part of The Code of Civil Procedure, 1908?
Your Answer : (Not Answered)
Correct Answer : B
Appeals from original decrees are provided for in Part VII of the Code of Civil Procedure, 1908, which begins with Section 96, giving a right of appeal from every decree passed by a court exercising original jurisdiction.
Part VIII covers reference, review and revision, Part IX covers special proceedings, and Part X covers rules. So only Part VII contains the provisions on appeals from original decrees.
Under Section 35B of the Code of Civil Procedure, 1908, where a party fails to take a step required by the court on the date fixed, the court may :
Your Answer : (Not Answered)
Correct Answer : B
The court may impose costs as a precondition for allowing further prosecution.
Section 35B of the Code of Civil Procedure, on costs for causing delay, lets the court order a party who fails to take a step on the date fixed, or obtains an adjournment for it, to pay costs to the other party. Payment of those costs on the next date is a condition precedent to the further prosecution of the suit by the plaintiff, or of the defence by the defendant, if the defaulting party is the defendant.
An adjournment is never a matter of right. Dismissal is not the remedy the section provides, and proceeding without any condition would defeat its purpose of compensating for delay.
Under the scheme of the Code of Civil Procedure, 1908, where proceedings are pending before a competent civil court, and an application is made seeking transfer of the case from one district to another district within the state, such transfer may be ordered :
Your Answer : (Not Answered)
Correct Answer : D
The transfer may be ordered by the High Court.
Section 24 of the Code of Civil Procedure gives the High Court and the District Court a general power to transfer suits, appeals and other proceedings. A District Court can move a case only between courts subordinate to it within its own district, so transfer from one district to another within the State is for the High Court. Transfer from one State to another is for the Supreme Court under Section 25.
The power can be exercised on application or on the court's own motion, without the parties' agreement and at any stage, and the court in which the suit is pending has no power to send it to another district.
Provisions regarding Institution of suits is being discussed in which section of the Code of Civil Procedure, 1908?
Your Answer : (Not Answered)
Correct Answer : C
The institution of suits is dealt with in Section 26 of the Code of Civil Procedure, 1908: every suit is to be instituted by the presentation of a plaint or in such other manner as may be prescribed.
Section 44 and Section 45 are provisions in the group on execution of decrees, dealing with decrees of other courts, and Section 51 sets out the powers of the court to enforce execution of a decree. These belong to the part of the Code on execution, not to the institution of suits.
Which of the following statements are correct with reference to withdrawal and abandonment of suits under the Code of Civil Procedure, 1908 ?
I. A plaintiff may withdraw or abandon a suit subject to the provisions of law.
II. Institution of a fresh suit on the same cause of action requires permission of the court.
III. Withdrawal of a suit without permission of the court to institute a fresh suit bars a subsequent suit on the same cause of action.
IV. The court must grant permission whenever such request is made.
Which of the above statements are correct ?
Your Answer : (Not Answered)
Correct Answer : D
Statements I, II and III are correct, so the answer is I, II and III.
Under Order XXIII Rule 1 of the Code of Civil Procedure, a plaintiff may at any time abandon the whole suit or part of the claim (I). The court may permit him to withdraw with liberty to institute a fresh suit on the same subject-matter, so a fresh suit needs that permission (II). If he abandons or withdraws without such permission, Rule 1(4) precludes a fresh suit on the same subject-matter (III).
Statement IV is wrong. Permission is discretionary and may be granted only if the suit must fail for some formal defect or there are other sufficient grounds, so the court is not bound to grant it on request. Every option containing IV is therefore wrong.
Under the Code of Civil Procedure, 1908, where a suit is instituted against a person who is subsequently found to have been wrongly impleaded as a defendant, the court may :
Your Answer : (Not Answered)
Correct Answer : D
The court may permit substitution or addition of the proper defendant.
Order I Rule 10(2) of the Code of Civil Procedure empowers the court, at any stage of the proceedings, to strike out the name of a party improperly joined and add the name of any person who ought to have been joined, so that all questions in the suit can be effectually decided. Order I Rule 9 adds that no suit is defeated by reason of misjoinder or non-joinder of parties.
Because the defect can be cured inside the same suit, the court need not dismiss the suit, return the plaint or send the plaintiff off to file a fresh suit.
The plaint and written statement of party are called which of the following?
Your Answer : (Not Answered)
Correct Answer : B
The plaint and the written statement of the parties are together called the pleadings. Order VI of the Code of Civil Procedure defines pleading as meaning a plaint or a written statement.
A suit is the whole proceeding begun by presenting a plaint, an action is a general term for legal proceedings, and a plaint is only the plaintiff's document, so it is only one half of the pleadings.
In accordance with the provisions of the Code of Civil Procedure, 1908, where a court, while examining pleadings, finds certain averments to be unnecessary and capable of prejudicing or delaying the fair trial, the court, in such a case, may :
Your Answer : (Not Answered)
Correct Answer : A
The court may strike out such pleadings at any stage of proceedings.
Order VI Rule 16 of the Code of Civil Procedure lets the court, at any stage of the proceedings, order to be struck out or amended any matter in a pleading that is unnecessary, scandalous, frivolous or vexatious, that may tend to prejudice, embarrass or delay the fair trial, or that is otherwise an abuse of the process of the court.
The court does not simply ignore the averments, its power is not postponed until the trial begins, and rejection of the whole plaint is a separate remedy under Order VII Rule 11 for defects such as a plaint disclosing no cause of action.
Marks
Total number of questions : 20
Number of answered questions : 0
Number of unanswered questions : 20