Code of Civil Procedure Questions and Answers Part-7

1. Where it appears to the Court that there exist element of a settlement the Court shall
a) Leave the matter undecided
b) Decide the matter itself
c) Refer the same for arbitration, conciliation or mediation
d) None of the above

Answer: c

2. A decree for execution cannot be sent to a–
a) Foreign Court
b) Court outside India established by the authority of Central Government
c) Both (a) and (b) above
d) Neither (a) nor (b)

Answer: a

3. Which of the following must be stated in the pleadings–
a) Facta Probanda
b) Facta Probantia
c) Both (a) and (b) above
d) Neither (a) nor (b)

Answer: a

4. Agreement between the parties to institute the suit relating to disputes in a particular Court–
a) Does not oust the jurisdiction of other Courts
b) May operate-as estoppels between the parties
c) Both (a) and (b) above
d) None of the above

Answer: c

5. The Doctrine of res judicata applies to–
a) Changing circumstances
b) Static situations
c) Both (a) and (b) above
d) None of the above

Answer: b

6. A judgment delivered by a Foreign Court of competent jurisdiction can be enforced by an Indian Court and will operate as res judicata between the parties thereto except in the cases mentioned–
a) Section 14
b) Section 13
c) Section 12
d) Section 11

Answer: b

7. An order allowing or disallowing an application for amendment is–
a) Appealable
b) A decree
c) An appealable order
d) None of the above

Answer: d

8. The defendant against whom an exparte decree has been passed can prefer an appeal under
a) Section 96(2)
b) Order 47 Rule 1
c) Order 9 Rule 13
d) None of the above

Answer: a

9. Where the relief claimed by the plaintiff is undervalued and the valuation is not corrected within the time fixed or extended by the Court–
a) The plaint may be rejected
b) The plaint will be rejected
c) The plaint will be returned
d) Either (a) or (c)

Answer: b

10. Which of the following does not deals with final determination of contested questions and have the binding effect in future litigation
a) Res subjudice
b) Res Judicata
c) Stare decisis
d) Both (a) and (b)

Answer: a