Code of Civil Procedure Questions and Answers Part-5

1. The Code of Civil Procedure (Amendment) Act, 1999 as well as the Amendment Act, 2002 were held constitutionally valid in the case of –
a) State of Punjab v. Sivaram
b) State of U.P. v. Chandra Bhushan
c) Anil Rai v. State of Bihar
d) Salem Advocate Bar Association v. UOI

Answer: d

2. Which of the following sections of the Code defines “suit”_____
a) Section 2
b) Section 9
c) Section 2(9)
d) Not defined

Answer: d

3. The words ‘rights’ in the definition of decree as given under Section 2(2) of the Code, means–
a) Substantive rights
b) Procedural rights
c) Both (a) and (b)
d) None of the above

Answer: a

4. Once a Preliminary decree is passed in a suit
a) The suit will comes to an end
b) The suit will continue
c) Either (a) or (b)
d) None of the above

Answer: b

5. A judgment contemplates a stage ___ the passing of a decree –
a) Simultaneous
b) After
c) Prior to
d) Any of the above

Answer: c

6. Mesne profit _______ include profits due to improvements made by the person is wrongful possession of property ______
a) Shall not
b) Shall
c) May
d) May not

Answer: a

7. Mesne profit can be claimed with respect to
a) Immovable property only
b) Movable property only
c) Both (a) and (b) above
d) None of the above

Answer: a

8. The interest on mesne profit shall not exceed ______ per annum –
a) 10%
b) 6%
c) 4%
d) 1%

Answer: b

9. The official request that a Court should not take a particular action without issuing notice to the applicant party is called –
a) Stay of suit
b) Injunction
c) Caveat
d) Letter of request

Answer: c

10. The jurisdiction of the Civil Court is based on –
a) Pecuniary jurisdiction
b) Territorial jurisdiction
c) Subject matter jurisdiction
d) All of the above

Answer: d