Code of Civil Procedure 1908 Batch-03 MCQs

1. Question 1 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
2. Question 2 of 50

   Under Order XXXIX, what happens to a temporary injunction once the underlying suit is finally decided?

   A It automatically becomes permanent regardless of the final decree B It generally merges into or is superseded by the final relief granted (or refused) in the decree C It has no relationship at all to the final outcome of the suit D It must be separately re-litigated as a fresh suit
3. Question 3 of 50

   Under Order VII, Rule 11, besides an undisclosed cause of action and insufficient stamping, what other defect can lead to rejection of a plaint?

   A Where the plaintiff's advocate has less than five years of practice B Where the relief claimed is undervalued and the plaintiff fails to correct the valuation within the time fixed by the court C Where the defendant has not yet been served D Where the suit is filed on a Friday
4. Question 4 of 50

   What does Order VIII of the CPC specifically deal with?

   A The written statement B Temporary injunctions C Parties to suits D The plaint
5. Question 5 of 50

   Under Order IX, Rule 2's proviso, must a court dismiss the suit if the defendant appears in person or through an agent on the day fixed, despite non-service of summons?

   A Yes, unless the plaintiff pays a penalty fee B No, dismissal shall not be ordered in that circumstance C Yes, unless the defendant formally waives the service defect in writing D Yes, dismissal is mandatory regardless of the defendant's appearance
6. Question 6 of 50

   Under Order VII, Rule 11, what happens to a plaint that does not disclose a cause of action or fails to meet the required legal formalities?

   A It may be rejected by the court B It is treated as an application for review C It is automatically converted into a written statement D It is transferred to the High Court
7. Question 7 of 50

   Under Order VII, Rule 1, what must a plaint state regarding the court's jurisdiction?

   A The facts showing that the court has jurisdiction B Only a general assertion without supporting facts C Nothing; jurisdiction is presumed unless challenged D Only the address of the court
8. Question 8 of 50

   Under Order VII, Rule 11, is a plaint liable to rejection where it is written on paper insufficiently stamped and the plaintiff fails to supply the required stamp paper when so ordered?

   A Only after the trial has concluded B No, stamp duty defects can never justify rejection of a plaint C No, only the defendant may raise stamp duty defects D Yes
9. Question 9 of 50

   A suit is dismissed for the plaintiff's non-appearance under Order IX, and the plaintiff later wants it restored. What must the plaintiff generally show?

   A That the limitation period has not yet begun to run B Nothing; restoration is automatic upon request C That the defendant consents to restoration D Sufficient cause for the original non-appearance
10. Question 10 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
11. Question 11 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
12. Question 12 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
13. Question 13 of 50

    Under Order IX, can a decree be set aside merely on the ground of an irregularity in the service of summons?

    A Yes, any irregularity in service automatically voids the decree B No, not if the court is satisfied the defendant had notice of the hearing date and sufficient time to appear and answer C Yes, but only if the plaintiff agrees D No, irregular service can never be raised at all
14. Question 14 of 50

    A court realizes a clerical error was made in a decree it passed and wishes to correct it despite no specific provision addressing that exact error. Which provision most likely supports this correction?

    A Order IX alone B Section 151, the inherent powers provision C Section 20 alone D Section 9 alone
15. Question 15 of 50

    Which specific rule of Order IX addresses dismissal where neither the plaintiff nor the defendant appears?

    A Rule 2 B Rule 7 C Rule 3 D Rule 9
16. Question 16 of 50

    Under Order XXXIX, what is the primary purpose of a temporary injunction, as opposed to a final, permanent injunction?

    A To preserve the status quo pending resolution of the suit on its merits B To punish the defendant for prior conduct C To transfer the property in dispute to the plaintiff immediately D To permanently and finally resolve the parties' rights
17. Question 17 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
18. Question 18 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
19. Question 19 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
20. Question 20 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
21. Question 21 of 50

    Why is the status quo, rather than a final determination of rights, the central concern of Order XXXIX proceedings?

    A Because status quo has no legal significance in interim relief B Because Order XXXIX only applies after a final decree has already been passed C Because Order XXXIX proceedings are themselves final and binding on the merits D Because a temporary injunction is an interim measure meant to prevent the subject-matter of the suit from being altered or lost before the case can be finally heard on its merits
22. Question 22 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
23. Question 23 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
24. Question 24 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
25. Question 25 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
26. Question 26 of 50

    Distinguish Order IX, Rule 8 from Order IX, Rule 9: how do these two rules relate to each other?

    A They are unrelated provisions in entirely separate parts of the Code B Rule 8 governs the initial dismissal of a suit where only the defendant appears, while Rule 9 governs the plaintiff's application to have that dismissal set aside C Rule 8 applies only to appeals, Rule 9 only to original suits D Rule 9 is a precondition that must be satisfied before Rule 8 can ever apply
27. Question 27 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
28. Question 28 of 50

    Under Order IX, Rule 7, what may happen if a defendant who was absent at a previous hearing appears at a later hearing and shows good cause for the earlier absence?

    A The suit must be restarted from the beginning as a fresh suit B The defendant is permanently barred from participating further C The plaintiff's claim is automatically dismissed as a penalty D The court may, in its discretion, allow the defendant to be heard as if he had appeared on the first hearing date
29. Question 29 of 50

    Under Order VII, Rule 11, is a plaint liable to rejection where the relief claimed is undervalued and the plaintiff, on being required to correct the valuation, fails to do so?

    A No, only overvaluation may lead to rejection B Only if the defendant specifically raises the objection at trial C Yes D No, undervaluation is never a ground for rejection
30. Question 30 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
31. Question 31 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
32. Question 32 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
33. Question 33 of 50

    Distinguish Order XXXIX from Order XLI: what is the core difference in what each Order addresses?

    A Order XXXIX addresses interim relief (temporary injunctions) during the pendency of a suit, while Order XLI addresses appeals from a final original decree B Order XLI applies only to criminal appeals C Order XXXIX applies only in the Supreme Court D They are identical in scope and purpose
34. Question 34 of 50

    Under Order IX, Rule 2, when may a court dismiss a suit for the plaintiff's failure to pay costs necessary for serving the defendant?

    A Only where the defendant has already filed a written statement B Only where the suit exceeds a certain pecuniary value C Whenever the defendant simply requests dismissal D Where summons has not been served due to the plaintiff's failure to pay the court fee or postal charges chargeable for service
35. Question 35 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
36. Question 36 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
37. Question 37 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
38. Question 38 of 50

    Which single Code section would most directly resolve a dispute over whether a judgment-debtor has actually paid the sum awarded in a prior decree?

    A Section 47, since this concerns execution, discharge, or satisfaction of the decree B Section 9 C Section 151 D Section 20
39. Question 39 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
40. Question 40 of 50

    What does Order XXXIX of the CPC deal with?

    A Parties to suits B Temporary injunctions and interlocutory orders C Permanent injunctions only D Appeals from original decrees
41. Question 41 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
42. Question 42 of 50

    What common thread links Order VII, Rule 11 and Order IX generally, despite governing different stages of a suit?

    A Both apply only to suits against the Government B Both apply exclusively to appellate proceedings C Both concern only the law of limitation D Both provide grounds on which a suit may be terminated at a preliminary stage without a full trial on the merits — rejection of the plaint, and dismissal for non-appearance, respectively
43. Question 43 of 50

    Under Order VIII, Rule 5, what may a court do where a defendant has not filed any written statement at all?

    A Refer the matter to arbitration B Pronounce judgment on the basis of the facts contained in the plaint, except against a person under disability C Order the plaintiff to file a fresh plaint D Automatically dismiss the suit
44. Question 44 of 50

    Under Order IX, Rule 6, what may a court do if the plaintiff appears but the defendant does not appear when the suit is called for hearing, despite proper service?

    A Strike the plaintiff's claim from the record B Order the suit to be heard ex parte C Automatically dismiss the suit D Adjourn the suit indefinitely
45. Question 45 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
46. Question 46 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
47. Question 47 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
48. Question 48 of 50

    Under Order IX, Rule 8, what happens if the defendant appears but the plaintiff does not appear when the suit is called for hearing, and the defendant does not admit the plaintiff's claim?

    A The court shall dismiss the suit, unless the defendant admits part of the claim, in which case a decree may be passed on the admitted part B The suit is automatically transferred to another court C The court must decide the suit ex parte against the defendant D The defendant is required to prove the plaintiff's case for him
49. Question 49 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
50. Question 50 of 50

    Under Order IX, Rule 9, what must a plaintiff show to have a dismissal under Rule 8 set aside?

    A Payment of the entire original claim amount as security B Nothing beyond filing the application within any time frame C That the defendant consents to the restoration D Sufficient cause for his non-appearance when the suit was called on for hearing

You can practise as a guest, but sign in to save your score and track your progress.