Code of Civil Procedure Questions and Answers Part-10

1. Appellant Court shall not have power–
a) To remand a case
b) To determine a case finally
c) To take additional evidence
d) None of the above

Answer: d

2. Where an appeal from any order is allowed and such order is made by a Court in the exercise of appellate jurisdiction, than appeal shall lie to–
a) The Court to which an appeal would lie from the decree in the suit in which such order was made
b) High Court
c) Supreme Court
d) District Court

Answer: b

3. The Limitation Act contains
a) 32 Sections
b) 137 Articles
c) 30 sections
d) both (a) & (b) are correct

Answer: d

4. The expression ‘time requisite’ used in section 12(2) of the Limitation Act, 1963 means
a) Maximum time
b) Actual time taken
c) Minimum time taken
d) None of the above

Answer: b

5. Section 15 of the Limitation Act, 1963 applies to
a) Execution proceedings only
b) Suits only
c) Appeals only
d) Both (a) and (b)

Answer: d

6. The law of limitation is
a) Substantive law
b) Procedural law
c) None of these
d) Both Substantive & Procedural law

Answer: b

7. The doctrine which place emphasis on the plaintiff’s duty to exhaust all available grounds in support of his claim–
a) Estoppels
b) Principle underlying Order 2 Rule 2 (splitting of claim)
c) Res judicata
d) None of the above

Answer: b

8. Remedy available against rejection of plaint is–
a) Plaintiff may prefer an appeal
b) Plaintiff may present a fresh plaint in respect of the same cause of action
c) Either (a) or (b)
d) None of the above

Answer: c

9. A claim by way of ____ may be allowed even if it is time barred when there is a fiduciary relationship between the parties–
a) An equitable set-off
b) A legal set off
c) A counter claim
d) All of the above

Answer: a

10. A suit filed on behalf of a minor
a) Cannot be withdrawn
b) Can be withdrawn as a matter of right
c) Can be withdrawn only with the leave of the Court
d) None of the above

Answer: c