Code of Civil Procedure Questions and Answers Part-3

1. Mark the Correct statement –
a) There is no distinction between want of jurisdiction and irregular exercise thereof
b) Every presumption should be made in favour of jurisdiction of a Civil Court
c) Both (a) and (b) above
d) Neither (a) nor (b)

Answer: b

2. Jurisdiction of a Court depends upon the ___
a) Averments made in a plaint
b) Defence in the written statement
c) Both (a) and (b) above
d) None of the above

Answer: a

3. Doctrine of res sub judice is provided under Section –
a) 9
b) 10
c) 11
d) 12

Answer: b

4. Section 10 of the Code deals with–
a) Stay of civil suits
b) Puts a bar upon the institution of a civil suits
c) (a) and (b) both above
d) Neither (a) nor (b)

Answer: a

5. Which of the following is based upon equity–
a) Res judicata
b) Res subjudice
c) Estoppels
d) None of the above

Answer: c

6. The Code of Civil Procedure was enacted on-
a) 21/03/1908
b) 21/06/1908
c) 31/12/1908
d) 21/09/1909

Answer: a

7. Among the following______ conclusively determines the rights of the parties–
a) Application
b) Order
c) Judgment
d) Decree

Answer: d

8. A statement given by Judge on the ground of decree or order is called___
a) Plain
b) Written statement
c) Judgment
d) Summons

Answer: c

9. The term ‘Resjudicata’ means –
a) Stay of proceeding
b) Further proceeding
c) A matter already adjudicated
d) None of the above

Answer: c

10. Which of the following amendments was introduced by the Code of Civil Procedure (Amendment) Acts 1999 and 2002–
a) Number of adjournments has been restricted
b) Provision for out of Court settlement has been introduced
c) Scope of appeals curtailed
d) All of the above

Answer: d