The Code of Civil Procedure, 1908, is an Act to:
A. Provide substantive law for civil rights
B. Replace the Indian Penal Code
C. Consolidate and amend laws relating to procedure of civil courts
D. Regulate criminal trials
Answer: C. The CPC deals with procedure for civil judicature, not substantive civil rights.
Which part of the CPC contains the Orders and Rules (First Schedule)?
A. Part I
B. Part II (First Schedule)
C. Part III
D. Part IV
Answer: B. The First Schedule (Orders & Rules) forms Part II under the CPC arrangement.
Section 9 of the CPC lays down the principle that:
A. Only criminal courts can try civil suits
B. Courts can refuse suits for any reason
C. Civil courts have jurisdiction to try all civil suits unless barred
D. Civil suits are tried by administrative tribunals
Answer: C. Section 9 establishes the basic jurisdiction of civil courts.
Section 10 deals with:
A. Jurisdiction of Supreme Court
B. Stay of suits (lis pendens)
C. Service of summons
D. Execution of decrees
Answer: B. Section 10 prevents parallel proceedings on the same cause of action.
Section 21A (introduced later) deals with:
A. Execution procedure
B. Res judicata
C. Bar on suit to set aside decree on place of suing
D. Appeals to Supreme Court
Answer: C. Section 21A prevents collateral attack where place of suing objection could have been raised earlier.
Under CPC, “res judicata” is principally covered by:
A. Section 9
B. Section 11
C. Section 17
D. Section 24
Answer: B. Section 11 prevents parties from re-litigating issues after a competent court has decided.
Which section deals with the framing of suits (institution of suits)?
A. Section 17
B. Section 26
C. Section 35
D. Section 45
Answer: B. Section 26 deals with institution of suits by presenting a plaint and following rules.
Order 5 of the First Schedule primarily deals with:
A. Judgment and decree
B. Summons
C. Execution
D. Appeals
Answer: B. Order 5 prescribes how summons are to be issued, served and returned.
Which provision mandates that suits must ordinarily be filed where the defendant resides or cause of action arises?
A. Section 9
B. Section 20
C. Section 34
D. Section 37
Answer: B. Section 20 determines the territorial jurisdiction for institution of suits.
A suit against the Government or a public officer in respect of an act done in official capacity requires a notice under:
A. Section 80 CPC
B. Section 82 CPC
C. Section 83 CPC
D. Section 80 CPC
Answer: D. Section 80 requires giving two months’ notice to the Government/authority before instituting a suit (subject to statutory qualifications).
Order 6 of the First Schedule deals with:
A. Pleadings — Plaint & Written Statement (Form and content)
B. Execution of decrees
C. Appeals
D. Injunctions
Answer: A. Order 6 prescribes rules for pleadings including plaint and written statement.
Under Order 6, Rule 11, a defendant must file written statement within the time fixed; ordinarily, failure to file leads to:
A. Dismissal of suit
B. Ex-parte decree always
C. Court may proceed to decide the suit on the record but may allow written statement later with costs
D. Criminal penalty
Answer: C. The court has discretion; it may proceed or permit the written statement with costs unless prejudice is shown.
Which Order deals with discovery, inspection and production of documents?
A. Order 10
B. Order 11
C. Order 12
D. Order 13
Answer: B. Order 11 sets out wide powers of discovery and inspection to prevent concealment of documents.
Order 7 prescribes rules for:
A. Written statements
B. Framing of issues
C. Plaint: form and particulars
D. Execution proceedings
Answer: C. Order 7 lists particulars required in a plaint, deficiency may lead to rejection under Rule 11.
Order 9 (summary procedure) is typically for:
A. Appeals from Tribunals
B. Summary suits where the defendant has no defence on the face of the plaint (Order 37 & Order 9 usage)
C. Execution against Government
D. Arbitration enforcement
Answer: B. Order 37 (and in limited cases Order 9) provide summary procedure for matters where the court is satisfied there is no probability of a defence.
Order 37 of the First Schedule relates to:
A. Appeals
B. Summary suits and summary procedure for obtaining summary decrees
C. Mediation provisions
D. Execution of foreign decrees
Answer: B. Order 37 allows plaintiffs to obtain summary decree where defendant has no real prospect of contesting.
Section 89 (as amended by the Mediation Act, 2023) empowers courts to:
A. Deny mediation in all cases
B. Refer parties to alternative dispute resolution (mediation, arbitration, Lok Adalat) where settlement is possible
C. Order imprisonment for contempt
D. Order summary judgment
Answer: B. Section 89 encourages non-litigious settlement methods; Mediation Act 2023 strengthened referral and enforceability aspects. (Legal Affairs)
Order 39 Rules 1 & 2 govern:
A. Interlocutory orders and temporary injunctions and interlocutory orders for attachment before judgment
B. Final decree execution
C. Parties’ pleadings
D. Discovery of documents
Answer: A. Order 39 Rules 1 & 2 provide for temporary injunctions and appointment of receivers; Rule 3 deals with attachment before judgment.
Order 21 of the First Schedule deals with:
A. Appeals procedure
B. Execution of decrees and orders
C. Discovery and inspection
D. Arbitration references
Answer: B. Order 21 contains detailed provisions and rules for executing decrees (attachment, sale, arrest, etc.).
Which section entitles the High Court to transfer cases from subordinate courts?
A. Section 9
B. Section 10
C. Section 25
D. Section 32
Answer: C. Section 25 allows transfer of suits or appeals from one Civil Court to another within the state under certain circumstances.
Section 96 of CPC deals with:
A. Revision jurisdiction of High Court
B. Appeal from original decree
C. Execution of decrees
D. Arrest before judgment
Answer: B. Section 96 permits an appeal to the High Court from a decree passed by a trial court.
Order 41 contains the rules for:
A. Execution of decrees
B. Appeals from original decrees (procedural rules for filing appeals)
C. Writ jurisdiction
D. Injunctions only
Answer: B. Order 41 prescribes the procedure for appeals from original decrees.
Which section allows the court to pronounce judgment in the absence of the party’s counsel in certain situations?
A. Section 74
B. Section 151 (inherent powers) together with relevant Orders
C. Section 50
D. Section 100
Answer: B. Section 151 gives courts inherent powers to pass orders necessary for the ends of justice; procedural rules combined permit proceedings in certain absences.
Which section deals with limitation of execution after decree? (i.e., the period for which execution remains actionable is governed by which statute?)
A. Section 47 CPC
B. Limitation is governed by the Limitation Act (not CPC), though CPC contains execution rules
C. Section 12 CPC
D. Section 34 CPC
Answer: B. Execution time limits and bar on suits on decrees are a mixed question — Limitation Act applies; CPC prescribes machinery for execution.
Order 22 deals with:
A. Written statements
B. Death, marriage and insolvency of a party (substitution of parties)
C. Evidence in chief
D. Appeals mechanism
Answer: B. Order 22 provides rules for substitution of parties where a party dies, marries or becomes insolvent.
Section 47 allows the successful party to:
A. Obtain costs on a criminal trial
B. Arrest the judgment-debtor or attach property to execute decree
C. Quash the trial court order
D. Convert decree into a penal order
Answer: B. Section 47 grants the decree-holder the right to execution by arrest and detention in civil prison or by attachment and sale of property.
Which Order provides for discovery of documents by one party against another?
A. Order 10
B. Order 11
C. Order 12
D. Order 13
Answer: B. Order 11 is the main discovery order.
Order 18 deals with:
A. Passing of judgment only by Supreme Court
B. Affidavits and examination of witnesses (manner of taking evidence in suits)
C. Pleadings amendment
D. Enforcement of foreign judgments
Answer: B. Order 18 prescribes production and examination of witnesses on affidavits.
Which section allows amendment of pleadings?
A. Section 152 (in combination with Order 6 Rule 17)
B. Section 50
C. Section 80
D. Section 96
Answer: A. Section 152 (read with Order 6 Rule 17) gives the court power to amend pleadings at any stage for determining real questions in controversy.
**Order 6 Rule 17 specifically: **
A. Relates to discovery of documents
B. Permits amendment of pleadings by the court in the interest of justice
C. Concerns appeals only
D. Fixes the time-limit for written statements
Answer: B. Order 6 Rule 17 allows amendment/amendment of pleadings to meet the merits of the case.
Order 15 governs:
A. Payment of costs only
B. Counter-claims, set-off and the procedure for making them
C. Execution against Government
D. Writ petitions
Answer: B. Order 15 provides for set-off and counter-claims in suits.
Which section makes a decree conclusive evidence of the matters directly adjudicated?
A. Section 11
B. Section 41/Section 11 read with Section 13 (res judicata and conclusiveness)
C. Section 48
D. Section 51
Answer: B. Decrees have finality under the res judicata principle; Section 11 specifically bars re-litigation between same parties.
Order 39 Rule 3 permits attachment before judgment when:
A. The plaintiff is a public authority
B. The defendant is absent abroad only
C. The defendant is about to dispose of the property or abscond and there is probability of the plaintiff’s rights being defeated
D. The court wills it for no reason
Answer: C. Rule 3 allows attachment before judgment to preserve assets pending suit.
Section 34 CPC provides remedy by:
A. Writ petition to Supreme Court
B. Appeal to the High Court from an order of dismissal of a suit
C. Revision to the trial court
D. Execution proceeding
Answer: B. Section 34 gives a right to prefer an appeal to the High Court against certain orders in suits.
Which Order contains provisions for striking out pleadings for abuse of process and scandalous or vexatious matters?
A. Order 5
B. Order 6 (particularly Rule 11 — rejection of plaint)
C. Order 13
D. Order 21
Answer: B. Order 6 Rule 11 allows rejection of pleadings for failure to comply or where the plaint is frivolous/scandalous.
Section 80 notice (two months) is required for suing:
A. Private individuals only
B. Government or public officers in certain official capacity matters
C. Companies only
D. All suits equally
Answer: B. Section 80 is a procedural safeguard before suing the government in contract or tort (subject to exceptions).
Which section provides for suits by or against firms?
A. Section 49
B. Section 54
C. Section 37
D. Section 76
Answer: B. Section 54 contains rules for suits by or against firm members (partnership matters).
Section 65A (evidence of electronic records) is connected to which law?
A. Indian Penal Code
B. Negotiable Instruments Act
C. Information Technology Act (electronically stored documents admissibility)
D. Companies Act
Answer: C. Admissibility of electronic records is linked with IT Act provisions and judicial interpretation.
Which provision gives the court power to order payment of costs?
A. Section 35A
B. Section 35A (as to costs) and Order 20 Notes
C. Section 40 only
D. No provision exists
Answer: B. Section 35A provides for costs and the First Schedule contains rules on costs as well.
Which Order deals with the procedure in suits by indigent persons (pauper suits)?
A. Order 39
B. Order 33
C. Order 22
D. Order 45
Answer: B. Order 33 contains the procedure for suits by persons unable to pay fees (pauper suits).
Order 34 governs:
A. Procedure applicable to suits in Commercial Courts only
B. Suits by or against minors and persons of unsound mind (suits by or against persons under disability)
C. Appeals from Small Cause Courts
D. Writ petitions
Answer: B. Order 32 and 33 deal with some aspects; Order 34 deals with suits by or against persons bound by certain disabilities; note: Sub-orders handle guardian ad litem, etc.
Which section empowers the Supreme Court and High Courts to transfer cases between courts?
A. Section 24 and 25 (Supreme Court/High Court)
B. Section 25 (High Court transfers) and Section 25A/37 for Supreme Court transfers
C. Section 50 only
D. No transfer powers exist
Answer: B. Transfer provisions are in various sections (e.g., Section 25 for High Courts; Section 25/37/25A and constitutional provisions for transfers to the Supreme Court).
Order 41 Rule 27 relates to:
A. Execution of decrees by attachment
B. Stay of execution or relief pending appeal (powers of Appellate Court regarding stay of decrees)
C. Writ jurisdiction
D. Removal of suits to arbitration
Answer: B. The appellate court can award stay or suspend execution of decree under certain conditions.
Which section provides power for amendment of Orders and Rules?
A. Section 122
B. Section 122 (Rule-making powers of the High Court and central government provisions in earlier sections)
C. Section 110 only
D. No such section exists
Answer: B. Section 122 deals with rules and procedures and grants power for making rules in relation to practice and procedure.
Order 6 Rule 11 specifies that a plaint may be rejected when:
A. The plaint is filed in the wrong language only
B. Plaint does not disclose a cause of action, is barred by law, or relief claimed is undervalued (subject to rectification)
C. The plaintiff is late to file only
D. The court dislikes the plaintiff
Answer: B. Order 6 Rule 11 lists grounds for rejection; most are curable but the court may reject if fatal.
Which section prohibits a second suit between same parties on same cause of action (res judicata)?
A. Section 13
B. Section 11
C. Section 20
D. Section 100
Answer: B. Section 11 prevents re-litigation between same parties and claims.
Order 32 deals with:
A. Inspection of documents only
B. Suits by or against the Government and public officers in their official capacity
C. Appeals procedure
D. Contempt powers
Answer: B. Order 32 prescribes the procedure for suits involving government/officials in certain matters.
The CPC permits stays on suits in favour of arbitration by virtue of which development?
A. Section 89 only
B. Evolution of arbitration law; courts may refer to arbitration under Arbitration & Conciliation Act and in line with Section 89 ADR preference
C. Section 113 only
D. No stay possible
Answer: B. Arbitration interplay is with the Arbitration Act; courts can stay/compel arbitration as per statutory framework and refer under Section 89 where settlement is possible.
Order 40 deals with:
A. Interim orders and temporary injunctions in relation to suits for injunctions (and receivers)
B. Evidence of documentary proof only
C. Appeals from tribunals
D. Final decree recording
Answer: A. Order 40 supplements Order 39, and often courts refer to both when granting interlocutory relief.
Which Order & Rule allow the court to pass a summary judgment where there is no defence?
A. Order 39/Order 37 summary procedures
B. Order 6 only
C. No such relief exists in CPC
D. Order 21 only
Answer: A. Order 37 and certain provisions of Order 9 provide summary remedies where the court is satisfied that the defendant has no defence on the face of it.
Under Order 11, inspection of documents can be compelled by:
A. Any private citizen
B. A party to the suit or person in control of the documents (on notice)
C. The trial judge without notice
D. The police only
Answer: B. Discovery is an inter-partes remedy; courts ensure fair process by allowing inspection upon application.
Section 151 CPC confers:
A. No power to the court beyond written rules
B. Inherent powers to do all such things as are necessary for the ends of justice or to prevent abuse of process
C. Power to change substantive law
D. Powers to legislate new rules
Answer: B. Section 151 is the inherent jurisdiction provision.
Which section provides power to order security for costs?
A. Section 35A only
B. Court’s procedural powers (inherent jurisdiction & costs rules) — courts can order security for costs under their procedural powers
C. Section 80 only
D. No power exists
Answer: B. Courts may order security for costs to prevent vexatious litigation or when plaintiff is resident outside jurisdiction.
Order 37 summary decree can be passed when:
A. Defendant files long written statement only
B. No real defence is shown — for example, in straightforward debt claims where documents suffice
C. Plaintiff is not present in court
D. Always, at plaintiff’s choice
Answer: B. Order 37 applies in straightforward cases like promissory notes where defence is unlikely.
Which section empowers the court to order discovery by interrogatories?
A. Order 11 Rule 13 etc. (interrogatories appear in Orders)
B. Order 11 contains provisions for interrogatories and discovery process
C. Section 66 only
D. No power for interrogatories exists
Answer: B. Order 11 and related rules provide for discovery by interrogatories.
Section 114 of the Evidence Act relates to:
A. Civil procedure exclusively
B. Presumptions the court may draw (Evidence Act; used in CPC proceedings)
C. Criminal confessions only
D. Arbitration rules
Answer: B. While not in CPC, principles of evidence supplement CPC procedures.
Which Order contains rules for the judgment and decree?
A. Order 20 & Order 21 (decree/execution)
B. Order 20 (Judgment and decree) and Order 21 (Execution)
C. Order 18 only
D. Order 6 only
Answer: B. Order 20 covers judgment and decree; Order 21 covers execution modalities.
Order 20 Rule 1 prescribes:
A. Method of execution only
B. Form and contents of the judgment — that the court shall pronounce judgment after hearing
C. Discovery procedure
D. Mode of filing appeals only
Answer: B. Courts must prepare a concise judgment stating findings and the points for determination.
Which section provides for the restitution or effect of a decree when set aside?
A. Section 47 only
B. Order 41 / procedural provisions — appellate courts may set aside and restore rights; execution consequences follow decrees
C. Section 80 only
D. No mechanism exists
Answer: B. Appellate orders, when reversing decrees, direct restoration or further directions to give effect.
The CPC provision that deals with joinder of parties and misjoinder is:
A. Order 1 (joinder, misjoinder, and non-joinder of parties)
B. Order 2 only
C. Section 11 only
D. No such provision
Answer: A. Order 1 Rule 1 onwards concerns joinder of parties, representative suits, etc.
Representative suits are governed by:
A. Order 1 Rules 8–11 (representative suits / suits by or on behalf of all)
B. Order 2 only
C. Section 80 only
D. No rule exists for representative suits
Answer: A. Order 1 contains provisions for representative suits where many persons share same interest.
Which section deals with the costs of and incidental to proceedings?
A. Section 35A (costs) and the First Schedule rules on costs
B. Section 50 only
C. No provision for costs exists in CPC
D. Section 100 only
Answer: A. Section 35A and the Order/Rule structure set out the principle and discretion for awarding costs.
Section 100 CPC is concerned with:
A. Appeals to the Supreme Court only
B. Second appeal to the High Court (on grounds involving substantial questions of law)
C. Summary remedy only
D. Execution provisions
Answer: B. Section 100 provides for second appeals from High Court to the Supreme Court on substantial questions of law (historically; note interplay with appellate jurisdiction).
Which Order provides the procedure for suits against executors and administrators?
A. Order 22 (substitution on death, insolvency, etc.) and special rules for suits against estates
B. Order 6 only
C. Section 80 only
D. No special procedure exists
Answer: A. Order 22 deals with substitution of parties on death/insolvency and related procedural steps when suing estates.
Which of the following best describes “decree” under CPC?
A. A verbal order only
B. Formal expression of adjudication that conclusively determines the rights of parties with regard to all or any matters in controversy in a suit
C. Always final and not appealable
D. Synonymous with plaint
Answer: B. A decree is the court’s formal adjudication; it may be preliminary, final, or partly final.
A “mere order” as per CPC is:
A. Same as decree
B. An order which is not a decree — e.g., interlocutory/administrative directions
C. Always appealable as a right to Supreme Court
D. No legal significance
Answer: B. Orders can be appealable or not depending on statutory provisions; not every order is a decree.
Section 50 CPC concerns:
A. Appeals only
B. All transitional provisions and rules to be applied (miscellaneous) — context-dependent
C. Execution provisions exclusively
D. None of these
Answer: B. Many sections (50 etc.) depend on context; always check text. (This Q tests familiarity — see official text.)
Which Order deals with the procedure for suits in respect of public nuisance?
A. Order 10 only
B. Suits for public nuisance are usually maintainable as representative suits or by public-spirited persons under public law remedies; CPC provides machinery for such suits via representative suit provisions and the law of torts
C. Order 5 only
D. Section 80 only
Answer: B. CPC does not have a special “public nuisance” Order; procedural aspects are dealt with within representative suit rules and substantive tort law.
Courts can order interim measures like Anton Piller orders in civil suits under:
A. CPC explicit provision only
B. Inherent jurisdiction (Section 151) & relevant Orders (injunctions) to prevent destruction of evidence
C. Evidence Act only
D. No power exists for such measures
Answer: B. Courts use inherent powers and equitable relief to grant protective measures to preserve rights/evidence.
Which Order/R rule governs the foreign summons (service outside India)?
A. Order 5 exclusively deals with service inside India; service outside India is governed by rules under Sections/Rules read with court directions and Hague Convention where applicable.
B. Order 5 (service) read with Section 27 (place of suing) and rules for service outside India
C. Order 39 only
D. No mechanism exists for foreign service
Answer: B. Service outside India follows CPC rules and international treaties; courts also use letters rogatory and diplomatic channels.
Which section bars courts from trying suits which are barred by any law?
A. Section 1 only
B. Section 3 (suits to be instituted in civil courts) read with Section 9 and other exclusions
C. Section 80 only
D. Section 96 only
Answer: B. Suits that are barred by statute or subject to special tribunals are excluded from civil courts’ jurisdiction.
Order 26 deals with:
A. Dismissal of suits for default on the part of plaintiff (procedure for failing to appear etc.)
B. Appeals only
C. Arbitration only
D. Execution of decrees only
Answer: A. Order 26 sets out grounds and procedure for dismissal of suits for default.
Which section provides the High Court with power of revision over subordinate courts?
A. Section 115 (power of High Court to call for records and revise any order passed by subordinate courts)
B. Section 96 only
C. Section 80 only
D. Section 2 only
Answer: A. Section 115 allows High Courts to exercise revisionary jurisdiction in certain cases for correctness and legality of subordinate courts’ orders.
Order 43 relates to:
A. Appeals from High Court to Supreme Court only
B. Notes for appeals and miscellaneous appeals (depending on the First Schedule numbering)
C. Execution only
D. None of these
Answer: B. Order 43 contains appeal-related procedural rules (varies with editions — consult official First Schedule).
Order 1 Rule 8 permits:
A. Non-joinder of necessary parties only
B. Representative suits where many persons have same interest (suits by apothecaries, trustees etc.)
C. Attachment before judgment only
D. No such rule exists
Answer: B. Order 1 Rule 8 onwards permit representative actions in appropriate cases.
Which provision governs suits under the Partition Act / for partition?
A. Specific Acts like the Partition Act; CPC provides procedural machinery (suits for partition are governed by specific substantive law and CPC procedure for trial/execution).
B. Section 80 only
C. Order 19 only
D. No provision exists
Answer: A. Substantive partition law interacts with CPC for procedural conduct of suits.
Order 6 Rule 16 allows for:
A. Transfer of execution only
B. Relief by amendment for clerical/technical errors in pleadings (power to correct)
C. Arrest before judgment only
D. Final decree nullification
Answer: B. Amendments to pleadings to meet real issues and remedy clerical errors are permitted under amendment rules.
Which section deals with the bar to multiplicity of suits where alternative remedy exists?
A. Section 11 (res judicata) and Section 10 (stay of suits) restrict multiplicity; courts also apply doctrine of alternative remedy where an efficacious statutory remedy exists.
B. Section 80 only
C. Section 96 only
D. No such principle exists
Answer: A. Courts look to statutory remedies and res judicata doctrines to prevent parallel or multiplicative proceedings.
Which Order contains the procedure for suits in which the subject is movable property?
A. Order 21 only (execution against movable property) and other Orders set out steps for attachment and sale of movables.
B. Order 6 only
C. Section 80 only
D. No mention anywhere
Answer: A. Order 21 enumerates execution measures for movable property including attachment and sale.
Section 144 CPC provides:
A. Power to refer parties to mediation (No — this is Section 89; Section 144 deals with different subject in different contexts — always check text.)
B. Power to issue temporary injunctions (No — Order 39 does this)
C. Miscellaneous procedural provision — courts must follow text for exact operation.
D. None of the above
Answer: C. This question serves to emphasise that specific section numbers must be checked in the official text — see IndiaCode.
Execution of a decree for possession of immovable property normally requires:
A. Arrest of the defendant only
B. Delivery of possession by the process and officers of the court, sometimes after ejectment and sale of incumbrances
C. Ex-parte decree only
D. None of the above
Answer: B. Execution of decrees for possession involves steps regulated by Order 21.
Section 115 CPC empowers the High Court to:
A. Try criminal cases only
B. Call for the record of any case decided by any court subordinate to it and pass any order it thinks fit for ensuring legality or correctness
C. Appoint judges to subordinate courts
D. None of the above
Answer: B. The revisionary power helps the High Court maintain uniformity and legality in subordinate courts’ orders.
Which is the correct statement regarding costs in civil suits?
A. Costs are never awarded in civil suits
B. Costs are fixed amounts as per a central schedule only
C. Courts have discretion to award costs; Section 35A and relevant rules guide the court
D. Costs are criminal penalties only
Answer: C. Costs compensate the successful party or penalise frivolous conduct; courts use discretion.
Under CPC, a decree may be classified as:
A. Preliminary, final, partly preliminary/partly final
B. Always final only
C. Only preliminary in nature
D. Void always
Answer: A. Decrees take forms depending on the issues decided; some may decide only certain questions.
Which Order deals with suits against co-owners for partition or possession?
A. Order 1 only
B. Partition suits follow specific substantive law but are conducted under CPC procedure — representative provisions may apply
C. Order 39 only
D. No rules exist
Answer: B. Substantive law on co-ownership combined with CPC’s procedural rules govern such suits.
Which remedy does Section 96 provide?
A. Appeal to Supreme Court only
B. Appeal to High Court from original decree of Trial Court
C. Revision to High Court only
D. None of the above
Answer: B. Section 96 is the right of appeal from original decrees.
Which Order deals with procedures in suits for accounts?
A. Order 18 only
B. Order 23 (suits for accounts) and other Orders provide procedural rules for discovery and detailed accounts)
C. Section 80 only
D. No such order
Answer: B. Suits for accounts often involve detailed pleadings and discovery, with special rules where appropriate.
Which section allows courts to stay proceedings in a suit pending the disposal of similar suits?
A. Section 10 (stay of suit in certain circumstances) — actually Section 10 prevents trial of suit where directly and substantially in issue in a former suit between parties; courts sometimes stay for reasons of convenience and to avoid conflict.
B. Section 96 only
C. Section 80 only
D. No such power exists
Answer: A. Section 10 and principles of lis pendens are used to avoid parallel and conflicting decisions.
If a decree-holder dies during execution, the execution proceedings:
A. Cease automatically
B. Continue without substitution
C. Proceed with substitution of proper party (legal representative) in place of the deceased decree-holder
D. Are transferred to criminal court
Answer: C. Order 22 substitution rules apply for continuation of proceedings after death.
Which provision allows the court to set aside a decree obtained by fraud?
A. No provision exists; fraud is irrelevant
B. Courts can set aside decree on proof of fraud via review/appeal/relief (Sections and Rules for setting aside decree for fraud; equitable relief exists)
C. Only Supreme Court can set aside for fraud
D. Only criminal courts can examine fraud in civil decrees
Answer: B. Courts have power to set aside decrees obtained by fraud via appropriate petitions/applications (e.g., under Order 9/Rule 13 or Section 151 and relevant rules).
Which of the following is true about “abatement” of suit?
A. Suit abates only when plaintiff is sentenced to jail
B. Abatement occurs when the plaintiff dies and suit is not continued by necessary parties and rules for substitution not followed; Order 22 has rules for abatement and revival.
C. Abatement is a criminal proceeding only
D. Abatement is not a concept in CPC
Answer: B. Order 22 contains provisions for abatement and revival where suits lapse due to death or other disabilities.
A decree may be executed by:
A. Arresting and detaining the judgment-debtor in civil prison (in certain cases)
B. Attachment and sale of movable property
C. Attachment and sale of immovable property and delivery of possession
D. All of the above (subject to statute and procedural safeguards)
Answer: D. Execution methods are varied and outlined under Order 21.
Which procedural device helps expedite disposal by referring parties to mediation as per the Mediation Act 2023?
A. Section 80 only
B. Section 89 CPC (as amended / read with Mediation Act 2023) — court may refer parties to mediation/ADR
C. Order 21 only
D. No referral power exists
Answer: B. Section 89 referrals are a core feature of judicial promotion of ADR; Mediation Act 2023 strengthened this route.
Which Order and Rule regulate the sale of immovable property under execution?
A. Order 21 (rules within Order 21 specifically deal with sale of immovable property)
B. Order 6 only
C. Section 80 only
D. No such rule exists
Answer: A. Order 21 rules prescribe notice, valuation, sale procedures, deposit and confirmation requirements for immovable property.
Which section deals with transfer of suits from one High Court to another?
A. Section 25 (Supreme Court/High Court powers with constitutional provisions) and statutory provisions permit transfers to ensure justice and avoid multiplicity of suits — check text for exact section numbers.
B. Section 80 only
C. Order 1 only
D. No transfer power exists between High Courts
Answer: A. Transfers between High Courts / within Union may be under constitutional and statutory powers; always consult official provisions.
Which Order covers suits by or against guardians and minors?
A. Order 33/Order 32 (provisions vary: Order 32/33/34 provide for suits by or against persons with disabilities, guardians, and minors with protective rules)
B. Order 6 only
C. Section 80 only
D. No such order exists
Answer: A. CPC provides special procedure for suits involving minors and persons under disability to protect their interests.
Which remedy should a party normally adopt to challenge an order passed by a civil court: appeal, revision or review?
A. Always review only
B. Prefer appeal where statute provides; revision is limited and discretionary (High Court); review is rare and restricted to correcting errors within same court under narrow grounds)
C. Only writ petition
D. None of the above
Answer: B. Appeals are the primary remedy; revision and review have limited roles with specific statutory scopes.
Which principle under CPC promotes expedition and discourages delay in civil suits?
A. Court’s indulgence in all technicalities only
B. Doctrine of speedy trial and judicial case management (court’s active case management, timelines and summary procedures like Order 37)
C. No such principle exists in CPC
D. Unlimited adjournments allowed always
Answer: B. Legislative and judicial trends emphasise timely disposal and efficient case management.
Inclusion of Mediation Act amendments into CPC primarily aims to:
A. Abolish courts entirely
B. Promote/streamline mediation, strengthen enforceability of mediated settlements and institutional mediation mechanisms through court referrals and procedural integration
C. Make CIP mandatory for criminal cases only
D. None of the above
Answer: B. Mediation Act 2023 integrates mediation more closely into CPC processes, aiming for settlement and decongestion of courts.
Which statement best describes the relation between CPC and special statutes (like Companies Act/Arbitration Act)?
A. CPC always overrides special statutes
B. Where special statutes contain specific procedures, those prevail; CPC supplies procedural machinery when special law is silent
C. CPC is irrelevant when special statute exists
D. Special statutes must always be ignored in favour of CPC
Answer: B. The general principle: special statute governs specific procedure; CPC supplements where special law is silent or directs.

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