MCQ with answers on Code of Civil Procedure 1908 - 4

31. A decree becomes final – 

(a) When no appeal has been preferred against the decree 

(b) When it conclusively determines the right of the parties 

(c) Both (a) and (b) above 

(d) Neither (a) nor (b) 

Correct Answer - (c) Both (a) and (b) above

32. A decree, when an adjudication completely disposes of the suit, is – 

(a) A preliminary decree 

(b) A final decree 

(c) Partly preliminary and partly final decree 

(d) None of the above 

Correct Answer -  (b) A final decree

33. An order rejecting the plaint for non-payment of the court fees is – 

(a) Decree 

(b) Not a decree 

(c) Judgment 

(d) None of the above 

Correct Answer - (a) Decree

34. An exparte decree can be set aside on the ground that – 

(a) An exparte decree cannot be set aside under any circumstances 

(b) Summons were not duly served 

(c) Defendant refused to receive the summons and thereafter no fresh summons were issued to him 

(d) Non-appearance of the defendant as copies of documents filed with plaint were not provided to a defendant 

Correct Answer - (b) Summons were not duly served

35. If a plaint is rejected for non-payment of the Court fee, the remedy is….

(a) Appeal 

(b) Writ 

(c) Revision 

(d) None of the above 

Correct Answer - (a) Appeal

36. Among the following which section put a bar to further suit – 

(a) Section 9 

(b) Section 12 

(c) Section 15 

(d) Section 16 

Correct Answer - (b) Section 12

37. A foreign judgment not pronounced by the Court of competent jurisdiction will – 

(a) Be not conclusive 

(b) Be conclusive 

(c) Based upon fraud 

(d) None of the above 

Correct Answer -  (a) Be not conclusive

38. According to section 21 of the Code, objections at the jurisdiction of Court can be raised on – 

(a) Trial 

(b) Appeal 

(c) Revision 

(d) Either (a) or (b) or (c) 

Correct Answer - (a) Trial

39. Suits for the recovery of the movable property actually under distraint or attachment shall be instituted in the Court within the local limit of whose jurisdiction the – 

(a) Defendant is resides 

(b) The plaintiff is resides 

(c) Property is situate 

(d) Any of the above 

Correct Answer - (c) Property is situate

40. Section 18 of the Code provides for – 

(a) Place of the institution of suits in respect of immovable property where the local limits of the jurisdiction of Courts are uncertain 

(b) Place of the institution of the suit in respect of immovable property where the property is situated in the jurisdiction of one Court 

(c) Place of the institution of the suit in respect of immovable property where the property is situated in the jurisdiction of different courts 

(d) None of the above 

Correct Answer -  (a) Place of the institution of suits in respect of immovable property where the local limits of the jurisdiction of Courts are uncertain

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