Importance of Civil Procedure Law in Legal Officer Exams
Q: Under Order XXXIX, Rule 7 of the Code of Civil Procedure, the court may pass an interlocutory order:
A) On its own discretion
B) On the application of any party
C) On instruction of the court officer
D) None of these
Correct Answer: B) On the application of any party
Q: What is addressed by Rules 6 to 10 of Order XXXIX of the Code of Civil Procedure?
A) Permanent injunction
B) Interlocutory orders
C) Final orders
D) None of these
Correct Answer: B) Interlocutory orders
Q: What does Order XXXIX, Rule 4 of the Code of Civil Procedure deal with?
A) Extension of injunctive order
B) Discharge or setting aside of injunctive order
C) Costs upon the defendant
D) None of these
Correct Answer: B) Discharge or setting aside of injunctive order
Q: Under Order XXXIX, Rule 1 and 2 of the Code of Civil Procedure, the injunction order shall cease to have effect after how many months, unless extended by the court?
A) Three months
B) Six months
C) Twelve months
D) None of these
Correct Answer: A) Three months
Q: What is an essential ingredient for granting a temporary injunction under the Code of Civil Procedure?
A) 1st
B) 2nd
C) 4th
D) None of these
Correct Answer: A) 1st
Q: Is an affidavit essential for the application of a temporary injunction under the Code of Civil Procedure?
A) Essential
B) Depends upon the applicant’s mode
C) Depends upon court discretion
D) None of these
Correct Answer: A) Essential
Q: What does Order XXXIX of the Code of Civil Procedure address?
A) Passing of temporary injunctions
B) Passing of interlocutory orders
C) Both A and B
D) None of these
Correct Answer: C) Both A and B
Q: What does Order XXXVIII, Rule 1 of the Code of Civil Procedure deal with?
A) Security of defendant for appearance
B) Security of plaintiff for appearance
C) None of the above
D) None of these
Correct Answer: A) Security of defendant for appearance
Q: Which Order of the Code of Civil Procedure deals with arrest and attachment before judgment?
A) Order XXXVII
B) Order XXXVIII
C) Order XXXIX
D) None of these
Correct Answer: B) Order XXXVIII
Q: When the trial court rejects the defendant’s application for leave to defend, what is the next step?
A) The court shall decree the suit
B) The court shall reject the suit
C) The court shall proceed with further proceedings
D) None of these
Correct Answer: A) The court shall decree the suit
Q: In a summary case under the Civil Procedure Code, when the defendant appears before the Court after receiving a summons, what is required of them?
A) To submit a written reply
B) To seek leave from the Court to defend the suit
C) To surrender
D) None of these
Correct Answer: B) To seek leave from the Court to defend the suit
Q: Under Order XXXVII, where can summary cases be filed?
A) Court of Session
B) High Court
C) Both A and B
D) None of these
Correct Answer: B) High Court
Q: Order XXXVII of the Code of Civil Procedure pertains to which type of cases?
A) Special cases on negotiable instruments
B) Summary cases on negotiable instruments
C) Ordinary cases on negotiable instruments
D) None of these
Correct Answer: B) Summary cases on negotiable instruments
Q: In cases where parties seek to have a question of fact or law decided by the Court, with the intention of obtaining the Court’s opinion, the case is considered a __________?
A) Case of special nature
B) Case involving pecuniary matters
C) Routine case
D) None of these
Correct Answer: A) Case of special nature
Q: What does Order XXXVI of the Code of Civil Procedure deal with?
A) Average cases
B) Special cases
C) Urgent cases
D) None of these
Correct Answer: B) Special cases
Q: In an interpleader suit, the plaint must state that the plaintiff claims no interest in the disputed matter, except for charges or costs. What else must it confirm?
A) That the claims made by the defendants are severally distinct
B) That there is no collusion between the plaintiff and any defendant
C) Both A and B
D) None of these
Correct Answer: C) Both A and B
Q: What does Order XXXV of the Code of Civil Procedure deal with?
A) Mortgage suits
B) Service-related matters
C) Interpleader suits
D) None of these
Correct Answer: C) Interpleader suits
Q: Under Order XXXIV, Rule 3 of the Code of Civil Procedure, which type of decree is issued in foreclosure suits?
A) Preliminary decree
B) Final decree
C) Both A and B
D) None of these
Correct Answer: A) Preliminary decree
Q: In a mortgage-related case, who must be joined as parties?
A) Those with an interest in the mortgage security or the right of redemption
B) Only the mortgagor
C) Only the mortgagee
D) None of these
Correct Answer: A) Those with an interest in the mortgage security or the right of redemption
Q: Which Order of the Code of Civil Procedure governs suits related to mortgages of immovable property?
A) Order XXXIII-A
B) Order XXXIII-B
C) Order XXXIV
D) None of these
Correct Answer: C) Order XXXIV
Q: What condition does Order XXXIII, Rule 9 of the Code of Civil Procedure impose for dispensing with the requirement of security from a pauper?
A) 2 conditions
B) 3 conditions
C) 4 conditions
D) None of these
Correct Answer: B) 3 conditions
Q: Before filing a suit as a pauper, an applicant must submit a full declaration of their movable and immovable property. Which of the following applies?
A) Appraisal, belongings
B) Movable, immovable property
C) Both A and B
D) None of these
Correct Answer: B) Movable, immovable property
Q: How many rules are there in Order XXXIII of the Code of Civil Procedure?
A) 12
B) 16
C) 20
D) None of these
Correct Answer: B) 16
Q: When a minor co-plaintiff reaches adulthood and applies to the Court to have their name removed, who must the Court serve notice to before making any decision?
A) The next friend of the minor
B) The defendant of the suit
C) Both A and B
D) None of these
Correct Answer: C) Both A and B
Q: Upon the retirement, removal, or death of the next friend of a minor, what happens to the proceedings?
A) They are stayed until a new guardian or next friend is appointed
B) They are stayed until the minor becomes an adult
C) Both A and B
D) None of these
Correct Answer: A) They are stayed until a new guardian or next friend is appointed
Q: What is the qualification for becoming a next friend of a minor under Order XXXII?
A) The person must be an adult and mentally sound
B) The person must be prestigious
C) The person must be highly qualified
D) None of these
Correct Answer: A) The person must be an adult and mentally sound
Q: In every suit by a minor, the suit must be filed in their name by someone known as the __________?
A) Next friend
B) Friend
C) None of the above
D) None of these
Correct Answer: A) Next friend
Q: When a minor is the plaintiff in a suit, which Order of the Code of Civil Procedure governs the matter?
A) Order XXX
B) Order XXXI
C) Order XXXII
D) None of these
Correct Answer: C) Order XXXII
Q: In a suit where a third party sues regarding trust property, who will the defendant be?
A) Trustee
B) Original owner
C) Depends on the Court’s discretion
D) None of these
Correct Answer: A) Trustee
Q: Which Order of the Code of Civil Procedure deals with suits by or against trustees, executors, and administrators?
A) Order XXX
B) Order XXXI
C) None of the above
D) None of these
Correct Answer: B) Order XXXI
Q: When persons are sued as partners in the name of their firm, they must appear individually in their own names, but all further proceedings will continue in the __________?
A) Their own names
B) The name of the firm
C) Depends on the Court’s discretion
D) None of these
Correct Answer: B) The name of the firm
Q: How many rules are contained in Order XXX of the Code of Civil Procedure?
A) 3
B) 6
C) 10
D) None of these
Correct Answer: B) 6
Q: As per Order XXIX, Rule 1 of the Code of Civil Procedure, the Court may require the personal appearance of the secretary, director, or principal officer of a corporation in which type of case?
A) In any corporate-related suit
B) In suits by or against the government
C) In suits by or against public officers in their official capacity
D) None of these
Correct Answer: A) In any corporate-related suit
Q: In a suit by a corporation, which individuals are authorized to sign and verify the pleading on behalf of the corporation?
A) The secretary or director of the corporation
B) The principal officer of the corporation
C) Both A and B
D) None of these
Correct Answer: C) Both A and B
Q: Which Order of the Code of Civil Procedure governs suits by or against corporations?
A) Order XXVIII
B) Order XXIX
C) Order XXX
D) None of these
Correct Answer: B) Order XXIX