Code of Civil Procedure Code 1908 LAW GAT MCQS Test 3

1. Question 1 of 50

   Section 144 empowers a Magistrate to issue an order in urgent cases where there is sufficient ground for immediate prevention of:

   A An ordinary bailable offence B Obstruction, annoyance, injury, danger to human life/health/safety, disturbance of public tranquility, riot or affray C A private defamation dispute D A civil contractual breach
2. Question 2 of 50

   The term 'investigation' under the Cr.P.C. is broader than mere arrest, and includes activities such as:

   A Only the framing of the final charge by the court B Only the hearing of an appeal C Examination of witnesses, collection of evidence and search and seizure D Only the pronouncement of judgment
3. Question 3 of 50

   Compared to Chapter X (Public Nuisance), the proceedings under Chapter XI are generally characterized by their:

   A Permanent and conclusive determination of civil title B Exclusive focus on appellate review C Urgency and temporary/preventive character D Exclusive focus on recording confessions
4. Question 4 of 50

   Which specific rule of Order IX addresses dismissal where the plaintiff fails, after unserved summons, to apply for fresh summons within the prescribed period?

   A Rule 8 B Rule 5 C Rule 2 D Rule 3
5. Question 5 of 50

   Section 154 governs the recording of information relating to:

   A An appeal only B A non-cognizable offence only C A civil dispute only D A cognizable offence, commonly known as the First Information Report (FIR)
6. Question 6 of 50

   Under Order VIII, must a defendant's denial of an allegation be specific, or is a general denial sufficient?

   A A specific denial is required; a general or evasive denial is generally not sufficient B Only a sworn affidavit denying the claim in its entirety is accepted C No denial of any kind is legally required D A general denial is always sufficient
7. Question 7 of 50

   Under Order VIII, if a defendant fails to specifically deny an allegation in the plaint, what is the general legal effect?

   A The allegation may be taken as admitted B The plaintiff must prove the allegation regardless C The suit is automatically stayed D The allegation is automatically struck from the record
8. Question 8 of 50

   Under Order VIII, if a defendant does not specifically deny an allegation of fact in the plaint, nor state that it is not admitted, what is the general legal consequence?

   A The suit is automatically dismissed B The allegation is automatically struck out C The allegation shall be taken to be admitted, except as against a person under disability D The plaintiff must independently prove it regardless
9. Question 9 of 50

   The 'zero FIR' practice, recognized in some jurisdictions, refers to registering an FIR:

   A Only after the trial has concluded B Irrespective of the police station's territorial jurisdiction, for later transfer to the appropriate station C Only for offences punishable with a fine D Only for offences committed by police officers
10. Question 10 of 50

    Any person having knowledge of the commission of a cognizable offence may generally:

    A Give information of it to the police under Section 154 B Never approach the police directly under any circumstances C Only give such information after obtaining a lawyer's certificate D Only give such information if he is the victim personally
11. Question 11 of 50

    Where the existence of a public right is denied under Chapter X, the Magistrate is generally required to:

    A Convict the person summarily B Refer the matter exclusively to a civil court with no further magisterial role C Immediately dismiss the case without inquiry D Inquire into the matter before proceeding further
12. Question 12 of 50

    Under Order IX, Rule 9, before an order restoring a suit dismissed under Rule 8 is made, what must generally occur?

    A Notice of the application must be served on the opposite party B The original judge must have retired or been transferred C The matter must first be referred to the High Court D Nothing further is required once the application is filed
13. Question 13 of 50

    The overall purpose of Chapter XIV's provisions on recording information and investigation is to ensure:

    A That no record whatsoever is kept of police action B That the complainant alone decides the final verdict C An organized, accountable and evidence-based process for bringing offenders to justice while safeguarding procedural rights D That the accused is convicted without a trial
14. Question 14 of 50

    Under Order IX, must notice be given to the opposite party before a decree is set aside on an application under this Order?

    A No, the court may act entirely on its own motion B Only in suits against the government C Only if the original decree exceeded a certain value D Yes, no decree shall be set aside without notice to the opposite party
15. Question 15 of 50

    Is a document (such as a decree) essential to the plaintiff's case generally required to be filed along with the plaint?

    A Only if the defendant requests them B Yes, as far as practicable C No, documents may be withheld until trial D Only in suits for immovable property
16. Question 16 of 50

    Under Section 154, information given orally to an officer in charge of a police station regarding a cognizable offence must be:

    A Ignored unless given in writing by the informant himself B Recorded only after the trial concludes C Reduced to writing, read over to the informant, and signed by him D Recorded only by a Magistrate
17. Question 17 of 50

    Section 156(3) empowers a Magistrate, upon a complaint or application, to:

    A Dismiss all future complaints permanently B Directly convict the accused without any investigation C Order an investigation into a cognizable offence D Grant unconditional bail without inquiry
18. Question 18 of 50

    What is the difference between a temporary injunction and a perpetual injunction?

    A A perpetual injunction can only be granted against the government B There is no legal difference between the two C A temporary injunction can never later become perpetual D A temporary injunction is an interim remedy pending the suit, while a perpetual injunction is granted at the final hearing on the merits
19. Question 19 of 50

    Under Order VIII, if a defendant wishes to raise a claim of his own against the plaintiff within the same suit, distinct from a mere denial, what mechanism does the Code contemplate?

    A An application under Order XXXIX only B A fresh, entirely separate suit only, never within the same proceeding C A revision petition under Section 115 D A set-off or counter-claim
20. Question 20 of 50

    Under Order XXXIX, what is the underlying purpose of granting a temporary injunction?

    A To punish the defendant for delay B To transfer the suit to a higher court C To maintain and preserve the status quo at the time of institution of the proceedings D To finally determine the rights of the parties
21. Question 21 of 50

    Mere delay in lodging an FIR is generally treated by courts as:

    A Grounds for automatic acquittal in every case B Completely irrelevant in every case C Always fatal to the prosecution case with no exception D A relevant factor to be considered along with other evidence, but not automatically fatal to the prosecution
22. Question 22 of 50

    Which specific rule of Order IX allows a plaintiff to apply to set aside a dismissal made under Rule 8, by showing sufficient cause?

    A Rule 9 B Rule 3 C Rule 5 D Rule 7
23. Question 23 of 50

    Public nuisance proceedings under Chapter X are generally intended to protect:

    A Only the private interests of a single individual B Only the interests of the police C The health, safety, comfort or convenience of the public at large D Only the interests of the Government treasury
24. Question 24 of 50

    Under Order IX, what is required for a court to set aside a decree passed ex parte against a defendant?

    A Payment of a fixed penalty to the plaintiff B Consent of the plaintiff C The defendant must satisfy the court that they were prevented by sufficient cause from appearing when the suit was called for hearing D Merely filing an application within any time period, without more
25. Question 25 of 50

    The essential rationale underlying Chapter XI is to allow the State to act swiftly to prevent:

    A A complaint from being lodged B An appeal from being filed C A future civil contractual dispute of a purely private nature D An imminent breach of public peace or serious harm, before it materializes
26. Question 26 of 50

    Under Order VII, is a plaint's statement of jurisdiction facts a mere formality, or does the plaintiff need to show facts actually establishing jurisdiction?

    A A bare, unsupported assertion of jurisdiction is always sufficient B The plaintiff must show facts actually establishing that the chosen court has jurisdiction C Jurisdiction need not be addressed in the plaint at all D Jurisdiction is established solely by the defendant's failure to object
27. Question 27 of 50

    Section 147 specifically deals with disputes as to the right of use of:

    A Land or water B A copyrighted work C A patent D A trademark
28. Question 28 of 50

    Which of the following would typically fall within the scope of Chapter X public nuisance proceedings?

    A An appeal against a conviction B An unlawful obstruction of a public road or river C A private contractual dispute between two traders D A dispute over inheritance shares
29. Question 29 of 50

    Section 157 requires the officer in charge of a police station, upon receiving information of a cognizable offence, to:

    A Proceed to the spot to investigate the facts and circumstances, and if necessary, take measures for the discovery and arrest of the offender B Wait for the trial court's directions before doing anything C Take no action unless a Magistrate personally directs every step D Refer the matter to a civil court
30. Question 30 of 50

    Under which provision does an appeal lie against an order granting or refusing a temporary injunction under Order XXXIX?

    A Order IX, Rule 6 B Order VII, Rule 11 C Order XLIII, Rule 1 D Order VI, Rule 17
31. Question 31 of 50

    Under Order IX, Rule 4, what may a plaintiff generally do after a suit is dismissed for non-appearance of both parties under Rule 3?

    A Apply for a temporary injunction instead B Appeal directly to the Supreme Court only C Nothing; the dismissal is entirely final with no recourse D Apply for an order to set the dismissal aside, or bring a fresh suit, subject to the law of limitation
32. Question 32 of 50

    Under Order IX, Rule 1, on the day fixed in the summons, where must the parties be in attendance?

    A Anywhere convenient, provided the court is notified B Only in writing, via an affidavit of appearance C At the office of the opposing counsel D At the court-house, in person or by their respective pleaders, unless the hearing is adjourned
33. Question 33 of 50

    Information relating to a non-cognizable offence recorded by police under Section 155 is generally entered in a register distinct from the FIR register, often referred to informally as the:

    A Appeal register B Non-cognizable (NC) register/report C Challan register D Bail register
34. Question 34 of 50

    Under Order IX, what is the general effect if the court is satisfied that a party's non-appearance was caused by circumstances such as a death in the family?

    A The suit must be dismissed regardless of the reason for absence B The matter must be referred to the High Court for a ruling on the excuse C The court may decline to dismiss the suit on that ground, treating the absence as excused D The opposing party automatically wins the suit outright
35. Question 35 of 50

    Section 143 empowers a Magistrate to make an order prohibiting the:

    A Grant of bail in a pending case B Framing of a charge C Recording of a confession D Repetition or continuance of a public nuisance
36. Question 36 of 50

    Under Order VII, Rule 1, what must the essential contents of a plaint include?

    A Only the amount of court fee paid B Only a list of proposed witnesses C Only the name of the plaintiff D Details such as the parties' names, the facts constituting the cause of action, and the relief claimed
37. Question 37 of 50

    Section 146 permits a Magistrate, in cases of emergency, to attach the subject of dispute pending:

    A The inquiry and decision under Section 145 B An appeal to the Supreme Court C A full civil suit for title with no urgency D A constitutional petition
38. Question 38 of 50

    Under Order IX, Rule 3, what is the consequence where neither party appears when the suit is called on for hearing?

    A The suit automatically proceeds ex parte in the plaintiff's favour B The suit is automatically adjourned indefinitely C The court must appoint an amicus curiae to represent both sides D The court may make an order that the suit be dismissed
39. Question 39 of 50

    Section 137 (procedural provisions on denial of the existence of a right) applies where the person against whom an order under Section 133 is made:

    A Denies the existence of any public right in respect of the way, river, or place in question B Is a Government servant C Fails to appear at all before the Magistrate D Admits the nuisance without any denial
40. Question 40 of 50

    Under Order IX, Rule 5, what happens if, after summons is returned unserved, the plaintiff fails for the prescribed period to apply for fresh summons?

    A The court must proceed ex parte automatically B The court may dismiss the suit against the defendant who was not served C The suit is automatically transferred to another court D The defendant is deemed to have admitted the claim
41. Question 41 of 50

    Which specific rule of Order IX addresses dismissal of a suit where summons was not served due to the plaintiff's failure to pay required fees or charges?

    A Rule 5 B Rule 3 C Rule 8 D Rule 2
42. Question 42 of 50

    Section 160 empowers a police officer investigating a case to:

    A Convict a witness for non-appearance without any process B Require the attendance of any person acquainted with the facts and circumstances of the case C Grant bail to the accused D Dismiss the FIR outright
43. Question 43 of 50

    Under Section 145, the Magistrate requires the parties concerned to attend and put in written statements as to the fact of:

    A Their family lineage B Their tax records C Actual possession of the disputed land or water D Their voting history
44. Question 44 of 50

    A Magistrate exercising powers under Section 144 must generally record, in the order itself, the:

    A Amount of court fee payable B Name of the appellate court C Material facts of the case justifying the order D Final sentence to be imposed on conviction
45. Question 45 of 50

    Where information of a cognizable offence is received by telephone or through an anonymous source, the police officer is generally expected to:

    A Automatically dismiss the matter as non-cognizable B Verify and, where warranted, proceed to record it formally and investigate C Automatically arrest the caller D Ignore it entirely as a matter of law
46. Question 46 of 50

    An order passed under Section 144 is generally not to remain in force for more than:

    A Two months, unless extended in accordance with law B Ten years C One week only, with no possibility of extension D Two years without any limit
47. Question 47 of 50

    What does Order IX of the CPC deal with?

    A Appearance of parties and the consequence of non-appearance B Temporary injunctions C Execution of decrees D Pleadings generally
48. Question 48 of 50

    Under Order IX, what is the general standard a court applies before setting aside an ex parte decree due to irregular service?

    A The value of the suit is the sole determining factor B Any irregularity in service automatically voids the decree, regardless of actual notice C The plaintiff's consent is the sole determining factor D Whether the defendant nonetheless had notice of the hearing date and sufficient time to appear and answer
49. Question 49 of 50

    What is a written statement, in general terms?

    A A list of witnesses the defendant intends to call B A summary prepared by the court of the plaintiff's case C An application seeking dismissal of the suit D The defendant's formal reply to the plaintiff's claim, addressing the allegations made in the plaint
50. Question 50 of 50

    Under Order IX, Rule 8, if the defendant appears but the plaintiff does not, and the defendant admits only part of the plaintiff's claim, what does the court do?

    A Pass a decree against the defendant on the admitted part, and dismiss the suit as to the remainder B Adjourn the matter indefinitely until the plaintiff appears C Pass a decree for the entire original claim regardless of the partial admission D Dismiss the entire suit regardless of the partial admission

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