Code of Civil Procedure Code 1908 LAW GAT MCQS Test 4

1. Question 1 of 50

   Which section of the CPC codifies the doctrine of res sub judice (stay of suit)?

   A Section 9 B Section 10 C Section 12 D Section 11
2. Question 2 of 50

   Which Order of the CPC deals specifically with the plaint?

   A Order VI B Order IX C Order VII D Order VIII
3. Question 3 of 50

   Under Order XLI, what happens generally where an appeal is found to be incompetent, but the same grievance could properly be raised by way of revision?

   A Courts have, in appropriate cases, treated an incompetent appeal as a revision and vice versa, to serve the interests of justice B The appellant is automatically barred from any further recourse C The matter must always be dismissed outright with no alternative remedy D The matter must be restarted as an entirely new suit
4. Question 4 of 50

   Under Order XLI, in what general court is an appeal from an original decree preferred?

   A Any court of the appellant's choosing B A court of equal rank in a neighbouring district C The same court that passed the decree D A court superior in rank to the court that passed the decree
5. Question 5 of 50

   Which section of the CPC provides the general residual rule on place of suing, based on the defendant's residence or where the cause of action arises?

   A Section 19 B Section 16 C Section 15 D Section 20
6. Question 6 of 50

   Under Order XLIII, are orders relating to a receiver, made under Order XL, generally treated the same way as orders relating to injunctions for appeal purposes?

   A No, only injunction orders are appealable, never receiver orders B No, receiver-related orders are never appealable C Only if the receiver is a government official D Yes, both categories are specifically listed as appealable orders under Order XLIII, Rule 1
7. Question 7 of 50

   Which Order of the CPC deals with pleadings generally?

   A Order VIII B Order VII C Order I D Order VI
8. Question 8 of 50

   Under Order XLI, what power does the court have if it finds a memorandum of appeal to be defective?

   A It has no power to act on a defective memorandum B It must automatically dismiss the appeal outright C To reject or require amendment of the memorandum, recording its reasons for doing so D It must transfer the appeal to a different court
9. Question 9 of 50

   Under Order XXXIX, is a court generally required to hear the opposite party before granting a temporary injunction, except in cases of genuine urgency?

   A No, notice is required only if the defendant has already filed a written statement B No, injunctions may always be granted without any notice whatsoever C Yes, as a general rule, notice to the opposite party is required before an injunction is granted, save in urgent or exceptional circumstances justifying an ex parte order D No, notice is required only in suits exceeding a certain value
10. Question 10 of 50

    Which Order of the CPC deals with parties to suits?

    A Order VII B Order I C Order IX D Order VI
11. Question 11 of 50

    An appellate court believes a lower court decided a suit solely on a technical preliminary point without examining the merits at all. What power under Order XLI allows the appellate court to send the matter back for a proper decision on the merits?

    A The power to grant a temporary injunction under Order XXXIX B The power to add parties under Order I C The power of remand under Order XLI, Rule 23 D The power to reject the plaint under Order VII
12. Question 12 of 50

    What does Order XLI of the CPC deal with?

    A Temporary injunctions B Appeals from original decrees C Appeals from orders D Parties to suits
13. Question 13 of 50

    Which Order of the CPC governs appeals from orders (as distinct from decrees)?

    A Order VII B Order XLI C Order XXXIX D Order XLIII
14. Question 14 of 50

    What common purpose links Sections 96, 104, and 115 of the CPC, despite governing different categories of challenge?

    A All three concern only the execution of decrees B All three provide mechanisms — appeal from decrees, appeal from orders, and revision, respectively — by which a higher court may review a lower court's decision C All three are limited to disputes over court fees D All three apply exclusively to criminal proceedings
15. Question 15 of 50

    Which section of the CPC defines terms such as 'decree', 'order', 'judgment', and 'mesne profits'?

    A Section 2 B Section 151 C Section 47 D Section 9
16. Question 16 of 50

    Which section of the CPC provides the general rule that suits should be instituted in the court of the lowest grade competent to try them?

    A Section 16 B Section 9 C Section 20 D Section 15
17. Question 17 of 50

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

    A Order XLI applies only to interlocutory matters B They are identical in scope and purpose C Order XLI governs appeals from original decrees, while Order XLIII governs appeals from orders (a narrower, specifically listed category) D Order XLIII applies only to final decrees
18. Question 18 of 50

    Under Order XXXIX, Rule 2A, what may result from disobedience or breach of an injunction order?

    A Arrest of the person disobeying, attachment of their property, or both B Only a formal written warning C No legal consequence unless a separate suit is filed D Automatic dismissal of the disobedient party's suit
19. Question 19 of 50

    Under Order XXXIX, Rule 1, what is one ground on which a temporary injunction may be granted?

    A The plaintiff simply requests it without any supporting ground B The property in dispute is in danger of being wasted, damaged, or alienated C The suit has been pending for over a year D The defendant has filed a written statement
20. Question 20 of 50

    Which specific rule of Order XLI allows dismissal of an appeal, without notice to the lower court, where the appellant fails to appear at the hearing?

    A Rule 23 B Rule 10 C Rule 11 D Rule 27
21. Question 21 of 50

    Distinguish Order XLI, Rule 11 from Order XLI, Rule 23: what is the key difference in what each addresses?

    A Rule 11 concerns dismissal of an appeal for the appellant's non-appearance, while Rule 23 concerns remand of a case decided below on a preliminary point B They are identical provisions with no meaningful distinction C Rule 11 applies only in the Supreme Court, Rule 23 only in the High Court D Rule 23 must always precede Rule 11 in every appeal
22. Question 22 of 50

    Which section of the CPC gives the High Court its revisional jurisdiction over subordinate courts?

    A Section 104 B Section 115 C Section 96 D Section 47
23. Question 23 of 50

    Which specific rule of Order XLI governs the narrow circumstances in which additional evidence may be produced before the appellate court?

    A Rule 11 B Rule 23 C Rule 10 D Rule 27
24. Question 24 of 50

    Under Order XLIII, Rule 1(r), what specific type of order is made appealable?

    A Orders relating to the framing of issues only B Orders relating to court fees only C Orders relating to the transfer of a suit only D Orders under Order XXXIX, Rules 1, 2, 2A, 4, and 10, relating to injunctions
25. Question 25 of 50

    Which Order of the CPC governs the appearance of parties and consequences of non-appearance?

    A Order I B Order VIII C Order IX D Order VI
26. Question 26 of 50

    Which Order of the CPC governs appeals from original decrees?

    A Order XLIII B Order XXXIX C Order XLI D Order IX
27. Question 27 of 50

    Which Order of the CPC governs temporary injunctions and interlocutory orders?

    A Order XLI B Order IX C Order XXXIX D Order XLIII
28. Question 28 of 50

    Under Order XXXIX, Rule 1, besides danger of waste or alienation of the disputed property, what other ground may justify a temporary injunction?

    A The existence of a prior unrelated dispute between the parties B The defendant's poor credit history alone C The party against whom the injunction is sought is threatening to remove or dispose of property to defraud creditors, or is threatening to violate the plaintiff's legal rights D The plaintiff's mere preference for a quicker resolution
29. Question 29 of 50

    Under Order XLI, Rule 10, what may an appellate court demand from an appellant before or after the respondent is called upon to answer?

    A Security for the costs of the appeal, of the original suit, or of both B A certificate of good character from the Bar Council C A full deposit of the decretal amount in all cases without exception D Written consent from the respondent to proceed
30. Question 30 of 50

    Under Order XLIII, Rule 1, what type of orders are appealable?

    A No orders are ever appealable B Only final decrees C Every single order passed by a civil court D Only those orders specifically listed in Rule 1, not every interlocutory order
31. Question 31 of 50

    Which specific rule of Order XLI allows an appellate court to demand security for costs from an appellant?

    A Rule 27 B Rule 10 C Rule 11 D Rule 23
32. Question 32 of 50

    Under Order XLIII, what must a memorandum of appeal from an appellate order generally be accompanied by?

    A A no-objection certificate from the opposing party B A bank guarantee for the full decretal amount C Nothing beyond the appellant's signature D A certified copy of the judgment and order of the court of first instance, and of the appellate court
33. Question 33 of 50

    Under Order XLI, may the appellate court take additional evidence not produced in the lower court?

    A Yes, but only in second appeals, never first appeals B Yes, but only with the unanimous consent of both parties C Yes, in certain circumstances, such as where the lower court refused to admit evidence that ought to have been admitted D No, appellate courts may never consider additional evidence
34. Question 34 of 50

    Under Order XLI, Rule 27, what is the general rule regarding additional evidence in the appellate court?

    A Parties may freely introduce any additional evidence they choose at the appellate stage B Only documentary evidence may ever be added on appeal, never oral evidence C Parties to an appeal are not entitled to produce additional evidence, whether oral or documentary, except in narrowly defined circumstances D Additional evidence may be introduced only by the respondent, never the appellant
35. Question 35 of 50

    Which section of the CPC empowers a court to issue a commission to examine a person or make a local investigation?

    A Section 151 B Section 47 C Section 115 D Section 75
36. Question 36 of 50

    Which Order of the CPC deals specifically with the written statement?

    A Order VII B Order VI C Order VIII D Order IX
37. Question 37 of 50

    Which section of the CPC preserves the court's inherent powers to secure the ends of justice?

    A Section 104 B Section 115 C Section 151 D Section 47
38. Question 38 of 50

    Which section of the CPC provides that questions relating to execution of a decree are to be decided by the executing court, not a fresh suit?

    A Section 115 B Section 47 C Section 104 D Section 96
39. Question 39 of 50

    Which section of the CPC codifies the doctrine of res judicata?

    A Section 9 B Section 11 C Section 12 D Section 10
40. Question 40 of 50

    Under Order XLIII, is an order rejecting an application to set aside a dismissal of a suit (e.g. under Order IX) generally treated as appealable?

    A No, only the original dismissal itself can ever be challenged, not the refusal to set it aside B Yes, such orders are among those specifically listed as appealable under Order XLIII, Rule 1 C No, such orders can never be challenged in any forum D Only the Supreme Court may entertain such a challenge, never a High Court
41. Question 41 of 50

    Under Order XLI, Rule 23, what power does an appellate court have if it finds that a suit was wrongly disposed of on a preliminary point?

    A Only to dismiss the appeal outright B To remand the case for a fresh decision on the merits C None; it must decide the case itself without further evidence D Only to refer the matter to arbitration
42. Question 42 of 50

    Under Order XLI, Rule 11, may an appellate court dismiss an appeal without first sending notice to the lower court, where the appellant fails to appear when the appeal is called on for hearing?

    A No, notice to the lower court is an absolute precondition in every case B No, only the Supreme Court may dismiss an appeal this way C Yes D No, dismissal without notice is never permitted under the Code
43. Question 43 of 50

    Under Order XLIII, is a remand order under Order XLI, Rule 23 generally appealable?

    A Only if the High Court grants special leave B Yes, where an appeal would lie from the decree of the appellate court C Only in suits involving immovable property D No, remand orders can never be appealed
44. Question 44 of 50

    Which section of the CPC governs suits for compensation for wrongs to the person or movable property?

    A Section 18 B Section 16 C Section 17 D Section 19
45. Question 45 of 50

    Which section of the CPC lists the orders from which an appeal lies?

    A Section 151 B Section 115 C Section 104 D Section 96
46. Question 46 of 50

    Under Order XLI, Rule 27, is additional evidence generally permitted merely to fill a gap or lacuna in a party's original case at trial?

    A Yes, but only if requested by the respondent, never the appellant B No, courts have held this power must be exercised sparingly and only in exceptional circumstances, not to cure a party's own failure to prove its case C Yes, without any special justification required D Yes, any gap in the trial record justifies additional evidence on appeal
47. Question 47 of 50

    A plaintiff loses a suit for possession of land, then files a second suit against the same defendant seeking possession of the same land on a new legal theory that could have been raised in the first suit. What bars this second suit?

    A Section 20's rule on cause of action B Nothing bars it; a plaintiff may always raise new theories in successive suits C Constructive res judicata under Section 11, Explanation IV, since the new ground ought to have been raised in the earlier suit D Section 15's rule on the lowest competent court
48. Question 48 of 50

    Which section of the CPC governs the general right of appeal from an original decree?

    A Section 115 B Section 104 C Section 96 D Section 47
49. Question 49 of 50

    What does Order XLIII of the CPC deal with?

    A Appeals from orders B Parties to suits C Temporary injunctions specifically D Appeals from original decrees
50. Question 50 of 50

    Under Order XLI, Rule 5, what may the appellate court order pending the disposal of an appeal?

    A Immediate execution of the decree regardless of the appeal B A stay of proceedings or execution, or grant an injunction to preserve the status quo C Automatic reversal of the lower court's decree D Transfer of the case to a different bench

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