Which of the following best describes the object of the Code of Civil Procedure, 1908? (a) To consolidate laws relating to criminal procedure. (b) To provide a comprehensive procedure for the conduct of civil suits. (c) To codify the substantive law governing contracts. (d) To regulate administrative procedures in public offices. Answer: (b)
The CPC, 1908 applies to which type of proceedings? (a) Criminal proceedings only. (b) Civil proceedings only. (c) Both civil and criminal proceedings. (d) Administrative and constitutional matters. Answer: (b)
Which of the following is NOT a feature of the CPC? (a) Emphasis on speedy disposal of cases. (b) Uniformity in procedure across India. (c) Flexibility in the application of substantive law. (d) Detailed provisions on evidence admissibility. Answer: (d) (Explanation: The Law of Evidence is governed by a separate statute.)
Which section of the CPC primarily deals with the institution of suits? (a) Order I (b) Order VI (c) Order X (d) Order VIII Answer: (a)
Under the CPC, who is the “plaintiff” in a suit? (a) The person against whom the suit is filed. (b) The court official who manages the suit. (c) The person who initiates the suit. (d) The judge who hears the suit. Answer: (c)
2. Institution of Suits
Which document initiates a civil suit under the CPC? (a) Written statement. (b) Summons. (c) Plaint. (d) Decree. Answer: (c)
The plaint must contain all of the following except: (a) Facts constituting the cause of action. (b) The relief or remedy claimed. (c) A list of evidence intended to be used. (d) The names and addresses of the parties. Answer: (c)
What is the effect of a plaint that does not disclose a cause of action? (a) It is immediately dismissed without any notice. (b) It is sent back to the plaintiff for amendment. (c) It is considered sufficient if the court is satisfied. (d) It is automatically converted into an application. Answer: (b)
Under CPC rules, a plaint can be rejected if: (a) It is written in English. (b) It discloses a clear cause of action. (c) It does not contain a verification clause. (d) It is filed in the wrong court. Answer: (d)
Which Order of the CPC deals with the issue and contents of summons? (a) Order V (b) Order VI (c) Order VII (d) Order VIII Answer: (b)
3. Summons and Appearance
Summons under the CPC is defined as: (a) A written notice to appear in a criminal case. (b) A document requiring a defendant to appear and answer the plaint. (c) A final judgment in a civil suit. (d) A document initiating an appeal. Answer: (b)
The summons should contain the following information except: (a) The name of the court. (b) The names of the parties. (c) A summary of evidence. (d) The time and place of appearance. Answer: (c)
If a defendant does not appear in response to a summons, the court may: (a) Dismiss the case. (b) Issue a decree ex parte. (c) Transfer the case to a criminal court. (d) Automatically award the relief claimed by the plaintiff. Answer: (b)
In the context of the CPC, an “ex-parte decree” means: (a) A decree passed after hearing both parties. (b) A decree passed in the absence of the defendant. (c) A decree passed in a criminal proceeding. (d) A decree that is not enforceable. Answer: (b)
Which Order prescribes the manner in which summons must be served? (a) Order III (b) Order IV (c) Order V (d) Order VI Answer: (d)
4. Appearance, Written Statement, and Default
A written statement under the CPC is: (a) A reply to the plaint filed by the defendant. (b) A final decree passed by the court. (c) An application for appeal. (d) A document submitted by the plaintiff to support the claim. Answer: (a)
The time limit for filing a written statement is generally: (a) 10 days from service of summons. (b) 30 days from service of summons. (c) 45 days from the institution of the suit. (d) 60 days from the date of the plaint. Answer: (b)
If a defendant fails to file a written statement within the prescribed time, the court may: (a) Dismiss the suit. (b) Proceed ex parte. (c) Extend the time limit indefinitely. (d) Convert the suit into a criminal proceeding. Answer: (b)
Which Order governs the procedure for filing written statements? (a) Order I (b) Order V (c) Order VI (d) Order IX Answer: (a)
A defendant’s non-appearance after proper service of summons may lead to: (a) Automatic discharge of the suit. (b) Entry of a default judgment against him. (c) Appointment of a guardian ad litem. (d) Referral to arbitration. Answer: (b)
5. Intermediate Orders and Adjournments
Interlocutory orders in civil proceedings are: (a) Final judgments. (b) Interim orders issued during the pendency of the suit. (c) Orders pertaining to criminal matters. (d) Orders that cannot be revised. Answer: (b)
The power to adjourn a case during its hearing under the CPC rests with: (a) The plaintiff. (b) The defendant. (c) The court. (d) The appellate authority. Answer: (c)
Under the CPC, the court may grant a stay of proceedings in order to: (a) Allow parties to negotiate a settlement. (b) Transfer the case to another state. (c) Increase the court’s fees. (d) Dismiss the suit permanently. Answer: (a)
Which of the following orders can be passed without hearing the opposing party? (a) Final decree. (b) Interim injunction. (c) Ex parte decree. (d) Order for production of documents. Answer: (c)
The principle of “saving incidental powers” under the CPC refers to: (a) Powers given to the appellate court. (b) Powers that allow the court to deal with ancillary matters arising during proceedings. (c) Powers that are incidental to criminal cases. (d) Powers exclusively reserved for the executive branch. Answer: (b)
6. Suitable Relief and Decrees
Which of the following is considered a “decree” under the CPC? (a) A provisional order. (b) A final adjudication of the suit. (c) A preliminary injunction. (d) A written statement. Answer: (b)
A decree may be described as: (i) A final order in a suit; (ii) A decision which disposes of the rights of the parties. (a) Only (i) (b) Only (ii) (c) Both (i) and (ii) (d) Neither Answer: (c)
Which of the following is NOT a type of decree under the CPC? (a) Preliminary decree. (b) Final decree. (c) Decree nisi. (d) Decree absolute. Answer: (a)
Under the CPC, a decree is said to be “executory” when: (a) It is passed ex parte. (b) It can be enforced. (c) It is subject to appeal. (d) It has been stayed by the court. Answer: (b)
Which Order of the CPC lays down the procedure for execution of decrees? (a) Order I (b) Order VIII (c) Order X (d) Order XIII Answer: (d)
7. Execution of Decrees
The process by which a decree is enforced is known as: (a) Revision. (b) Execution. (c) Appeal. (d) Amendment. Answer: (b)
Which of the following is a mode of execution provided under the CPC? (a) Compounding of the case. (b) Attachment of property. (c) Filing a counter-suit. (d) Granting anticipatory bail. Answer: (b)
If a decree-holder is unable to enforce a decree, he may file an application under which order? (a) Order XI (b) Order XII (c) Order XIII (d) Order XIV Answer: (c)
The “Execution Procedure” under the CPC does NOT include: (a) Arrest of the judgment-debtor. (b) Sale of the debtor’s property. (c) Reversal of the judgment. (d) Appointment of a receiver. Answer: (c)
Which of the following is essential before proceeding with the attachment of property? (a) A prior order of the High Court. (b) The decree must be unsatisfied. (c) The defendant must be given a notice. (d) The suit must be retried. Answer: (b)
8. Appeals and Revisions
An appeal under the CPC is defined as: (a) A request to initiate a suit in a different court. (b) A procedure to challenge a decree or order. (c) A motion to dismiss the suit on technical grounds. (d) A summary of evidence provided by the plaintiff. Answer: (b)
Which of the following is generally NOT an available ground for appealing a decree? (a) Error in the application of law. (b) Lack of jurisdiction of the court. (c) Discovery of new evidence. (d) Dispute over factual findings. Answer: (c)
Under the CPC, revision is primarily a power exercised by: (a) The High Court. (b) The Supreme Court. (c) The trial court. (d) The executive branch. Answer: (a)
Which section of the CPC deals with appeals from decrees? (a) Section 96 (b) Section 100 (c) Order X (d) Order XI Answer: (d)
A revision under the CPC is generally initiated to correct: (a) Factual errors in the pleadings. (b) Inherent jurisdiction errors. (c) Procedural irregularities or legal errors. (d) The merits of the case. Answer: (c)
9. Miscellaneous Provisions and Special Suits
The “lis pendens” principle means that: (a) No suit can be instituted without the consent of the defendant. (b) A pending suit prevents another suit on the same subject matter. (c) The court must list all pending suits in its order. (d) The plaintiff must withdraw a suit if another is pending. Answer: (b)
Which Order of the CPC deals with suits relating to execution of decrees? (a) Order XII (b) Order XIII (c) Order XIV (d) Order XV Answer: (b)
A suit for declaratory relief is intended to: (a) Enforce a decree immediately. (b) Obtain a judicial declaration of the rights of the parties. (c) Secure temporary relief pending the main suit. (d) Convert the suit into a criminal proceeding. Answer: (b)
Under the CPC, which of the following suits is specifically mentioned as “special”? (a) Suit for recovery of possession. (b) Suit for partition of property. (c) Suit for injunction. (d) Suit for specific performance of a contract. Answer: (c)
Under Order XX, the procedure for summary judgment is provided for cases where: (a) There is a dispute over a large sum of money. (b) The defendant does not have a defense to the claim. (c) There is ample evidence in dispute. (d) The suit involves multiple parties. Answer: (b)
10. Appeals, Amendments, and Corrections
Which of the following is NOT a permissible amendment to pleadings under the CPC? (a) Correction of clerical errors. (b) Addition of new facts that were previously unknown. (c) Incorporation of additional documents already in the record. (d) Correction of the date or name of the parties. Answer: (b)
Amendments in the pleadings under Order IX require the permission of: (a) The opposing party only. (b) The trial court. (c) The appellate court. (d) The legal advisor of the plaintiff. Answer: (b)
Which of the following is true regarding amendments in a suit? (a) Amendments are not allowed once the written statement is filed. (b) Amendments can always be made at any stage without permission. (c) Amendments are allowed if they do not prejudice the opposing party. (d) Amendments automatically extend the limitation period. Answer: (c)
Under the CPC, “correction” of a clerical mistake is permitted at any stage of the proceedings provided that: (a) The mistake is not related to a substantive issue. (b) The correction does not require a fresh trial. (c) The mistake is admitted by the judge. (d) The correction is made with the written consent of both parties. Answer: (d)
Which Order deals with the procedure for amending pleadings and documents? (a) Order VIII (b) Order IX (c) Order X (d) Order XI Answer: (b)
11. Pecuniary Aspects and Court Fees
Court fees under the CPC are generally determined by: (a) The discretion of the judge. (b) Statutory provisions and court fee acts. (c) The amount claimed in the suit only. (d) The number of parties involved. Answer: (b)
Which of the following is NOT a factor in determining the quantum of court fees? (a) The nature of the suit. (b) The value of the subject matter. (c) The personal wealth of the parties. (d) The prescribed rates in the applicable statute. Answer: (c)
If a suit is dismissed for non-compliance with procedural rules, the court fee paid is generally: (a) Refunded automatically. (b) Forfeited unless the court orders otherwise. (c) Doubled to cover the administrative cost. (d) Transferred to the defendant as compensation. Answer: (b)
In a suit involving a claim for a small amount, the CPC provides for: (a) Expedited procedure with lower fees. (b) No requirement of court fees. (c) A separate suit procedure exclusively for minor claims. (d) Mandatory arbitration instead of litigation. Answer: (a)
Which of the following best describes “adjudication” under the CPC? (a) The trial process. (b) The procedure for appealing a decision. (c) The final resolution and determination of rights. (d) The process of filing a plaint. Answer: (c)
12. Special Provisions and Comparative Aspects
Under the CPC, when can the doctrine of res judicata be invoked? (a) Only in criminal proceedings. (b) In subsequent suits involving the same parties and same cause of action. (c) Only when the defendant is absent. (d) In cases of fresh evidence. Answer: (b)
Res judicata under the CPC means that: (a) A matter once litigated cannot be relitigated between the same parties. (b) A suit must be disposed of within a fixed period. (c) Evidence is permanently inadmissible. (d) The judgment automatically becomes enforceable. Answer: (a)
Which of the following best explains the principle of “comity” in the context of CPC proceedings? (a) The requirement that all evidence must be recorded verbatim. (b) The respect that one court shows for the decisions of another court in cases of concurrent jurisdiction. (c) The mandatory collaboration between the plaintiff and defendant. (d) The procedure for the appointment of court officials. Answer: (b)
Under the CPC, the concept of “public nuisance” would generally be addressed in: (a) Special criminal procedures. (b) Civil suits for injunction. (c) Appeals only. (d) Revision applications. Answer: (b)
Which of the following statements is TRUE regarding the amendment of the CPC? (a) The CPC has never been amended since its enactment. (b) Amendments to the CPC are made only by judicial decisions. (c) The CPC has been amended several times by Parliament to adapt to changing needs. (d) Amendments to the CPC require a constitutional amendment. Answer: (c)
13. Service of Process and Venue
“Service of summons” under the CPC means: (a) The delivery of the plaint to the plaintiff. (b) The process of notifying the defendant about the suit. (c) The final hearing of the case. (d) The execution of the decree. Answer: (b)
Under the CPC, the proper venue for instituting a suit is determined by: (a) The residence of the plaintiff only. (b) The location where the cause of action arises or where the defendant resides. (c) The location of the court registry. (d) The domicile of the judge. Answer: (b)
If service of summons is defective, the court may: (a) Proceed to dispose of the suit ex parte. (b) Allow rectification of the defect and re-serve the summons. (c) Immediately dismiss the suit. (d) Award a decree against the plaintiff. Answer: (b)
Which of the following methods is NOT prescribed under the CPC for serving summons? (a) Personal delivery (b) Registered post (c) Electronic mail (d) Substituted service Answer: (c)
In case of non-residence or inability to locate the defendant, the court may permit: (a) Service by publication. (b) Service by fax. (c) Service through social media platforms. (d) Service by the plaintiff’s attorney only. Answer: (a)
14. Appeals, Special Applications and Interim Relief
Under the CPC, a “special leave to appeal” is usually granted by: (a) The trial court. (b) The High Court. (c) The Supreme Court. (d) An arbitrator. Answer: (c)
Which of the following orders deals with the granting of interim injunctions? (a) Order XXXIX (b) Order XL (c) Order XLII (d) Order XLV Answer: (a) (Note: Depending on the current amendments, the numbering may vary; always check the latest version.)
The term “interim injunction” under the CPC refers to an order that: (a) Is issued as the final relief in a suit. (b) Prevents a party from acting in a way that may cause irreparable harm during the pendency of the suit. (c) Can only be granted after the trial concludes. (d) Is automatically granted upon filing the suit. Answer: (b)
Which of the following is NOT a typical ground for granting interim relief under the CPC? (a) Risk of irreparable loss. (b) Balance of convenience. (c) Mere delay in filing the suit. (d) Maintenance of the status quo. Answer: (c)
A temporary injunction granted without hearing the other party is known as: (a) Interim injunction (b) Ex parte injunction (c) Final injunction (d) Mandatory injunction Answer: (b)
15. Revision, Appeal, and Enforcement Nuances
Which of the following is a limitation on the appellate powers under the CPC? (a) The appeal can only be based on questions of fact. (b) The appellate court may not re-open the evidence on record. (c) The appellate court can always summon new evidence. (d) The appeal is only allowed if the plaintiff requests it. Answer: (b)
Under the CPC, which type of appeal is considered “secondary appeal”? (a) An appeal from a final decree to a higher court. (b) A revision filed by the High Court. (c) A review petition filed in the same court that passed the decree. (d) An application for interlocutory relief. Answer: (c)
Which of the following correctly describes the “suspensive effect” of an appeal under the CPC? (a) An appeal always stays the operation of the decree. (b) An appeal never has a suspensive effect. (c) The court may grant a stay on the decree pending the appeal. (d) The appeal automatically leads to immediate enforcement of the decree. Answer: (c)
Under the CPC, what is the effect of a “revision” by the High Court on the proceedings of the suit? (a) It automatically stays all proceedings. (b) It is merely consultative with no binding effect. (c) It may modify or annul the order or decree. (d) It converts the suit into a criminal case. Answer: (c)
In execution proceedings, if the judgment-debtor claims to have a bona fide dispute regarding the decree, the court may: (a) Immediately enforce the decree regardless of the dispute. (b) Refer the dispute to arbitration. (c) Grant a stay of execution pending resolution of the dispute. (d) Dismiss the application for execution. Answer: (c)
16. Miscellaneous and Comparative Provisions
Which of the following statements is TRUE regarding the relationship between the CPC and the Code of Civil Appeals? (a) Both codes are identical in content and application. (b) The CPC deals with proceedings, while the Code of Civil Appeals governs the appellate procedure. (c) The Code of Civil Appeals overrides the provisions of the CPC in all matters. (d) The CPC applies only to civil appeals. Answer: (b)
Which of the following principles is embedded in the CPC’s approach to ensuring “access to justice”? (a) The principle of “adversarial litigation” only. (b) The principle of “affordable justice” by keeping procedures simple and cost‑effective. (c) The principle of “judicial overreach”. (d) The principle of “trial by jury”. Answer: (b)
In the context of CPC proceedings, “consolidation of suits” refers to: (a) Merging separate suits having common issues or parties to avoid multiplicity. (b) Dividing one suit into multiple suits. (c) Transferring a suit from one court to another. (d) Consolidating evidence from different cases. Answer: (a)
Which of the following is a feature of the “ex-parte” decree under the CPC? (a) It is issued only after both parties are heard. (b) It is an interim order only. (c) It is passed when one party fails to appear despite proper notice. (d) It cannot be set aside under any circumstances. Answer: (c)
Which aspect of the CPC highlights its “flexible” nature in civil litigation? (a) Strict adherence to rigid timelines without exceptions. (b) The allowance for discretionary relief in cases of injustice or hardship. (c) Its exclusive reliance on written evidence. (d) The prohibition of any amendments to pleadings. Answer: (b)
17. Recent Trends and Procedural Innovations
Modern amendments to the CPC have largely focused on: (a) Increasing procedural delays. (b) Expanding the scope for judicial discretion and streamlining procedures. (c) Removing all forms of interim relief. (d) Converting civil suits into criminal proceedings. Answer: (b)
Electronic filing (e-filing) in civil suits is being introduced to: (a) Increase the paperwork involved. (b) Speed up the filing process and reduce delays. (c) Replace all traditional court procedures. (d) Eliminate the need for oral arguments. Answer: (b)
Which of the following is an anticipated benefit of digitizing civil procedures under the CPC? (a) Increased cost of litigation. (b) Enhanced transparency and efficiency in case management. (c) Reduced accessibility for litigants. (d) More frequent adjournments. Answer: (b)
The trend toward “alternative dispute resolution” (ADR) in civil cases is encouraged because it: (a) Prolongs the litigation process. (b) Provides a quicker and less formal resolution to disputes. (c) Is mandated by the CPC for all cases. (d) Eliminates the need for any court involvement. Answer: (b)
Which of the following statements reflects a modern interpretation of “costs” in civil litigation under the CPC? (a) Costs are always borne equally by both parties. (b) Costs may be awarded in a manner that discourages frivolous litigation. (c) Costs are irrelevant in civil litigation. (d) The CPC prohibits the award of costs under any circumstances. Answer: (b)
18. Procedural Defaults and Relief
A “technical default” in filing pleadings may lead to: (a) Immediate grant of relief to the defendant. (b) The dismissal of the suit if not rectified in time. (c) Automatic conversion of the suit into a criminal case. (d) Immediate enforcement of the decree. Answer: (b)
Which of the following can be a ground for setting aside an ex-parte decree? (a) The decree was passed with both parties present. (b) The defendant was not properly served with summons. (c) The plaintiff requested an expedited trial. (d) The evidence was overwhelming against the plaintiff. Answer: (b)
In cases where a party’s absence is due to a genuine mistake, the CPC allows for: (a) Immediate dismissal without any opportunity to be heard. (b) A possibility of setting aside the ex-parte decree upon application. (c) Transfer of the suit to another jurisdiction automatically. (d) No recourse whatsoever. Answer: (b)
Which of the following is an example of a “procedural safeguard” in the CPC? (a) Mandatory criminal investigation in civil cases. (b) Opportunity for the defendant to be heard before any final order. (c) Automatic award of costs to the plaintiff. (d) Immediate execution of the decree. Answer: (b)
The concept of “substituted service” under the CPC is designed to: (a) Serve the summons on a relative of the defendant. (b) Provide an alternative mode of serving summons when personal service is impracticable. (c) Replace the written statement. (d) Serve only government officials. Answer: (b)
19. Practical Application and Court Practice
In a civil suit, if the defendant disputes the jurisdiction of the court, he should raise the issue in his: (a) Written statement. (b) Appeal. (c) Revision petition. (d) Application for execution. Answer: (a)
If a party seeks to consolidate two suits pending in different courts, which CPC provision is most relevant? (a) The principle of res judicata. (b) The rule on lis pendens and consolidation of suits. (c) The rules of natural justice. (d) The provisions on interim injunctions. Answer: (b)
A party who is dissatisfied with an interlocutory order should generally: (a) File an immediate appeal from that order. (b) Wait until the final decree before challenging it. (c) File a revision petition immediately. (d) Request the court to re-hear the entire suit. Answer: (b)
When a suit is dismissed on technical grounds, the CPC generally allows for: (a) No further recourse under any circumstances. (b) A fresh suit on the same cause of action after rectification of the defect. (c) Immediate award of costs against the plaintiff. (d) Automatic appeal to the High Court. Answer: (b)
In practice, which of the following best assists in reducing the pendency of cases under the CPC? (a) Expanding the scope of appeals. (b) Implementation of case management systems and strict timelines. (c) Eliminating the requirement for written statements. (d) Increasing the number of adjournments allowed. Answer: (b)
20. Recent Developments and Critical Analysis
Recent judicial pronouncements on the CPC have emphasized: (a) Strict adherence to formalities over substantive justice. (b) A balance between procedural discipline and flexibility for equitable outcomes. (c) The abolition of all interim relief measures. (d) The complete transfer of civil matters to arbitration. Answer: (b)
One of the criticisms of the CPC in modern times is that: (a) It is too flexible and lacks structure. (b) It is excessively rigid and results in delays. (c) It completely ignores the principles of natural justice. (d) It is applicable only to criminal matters. Answer: (b)
In the context of CPC proceedings, “judicial activism” refers to: (a) The court strictly following only the letter of the law. (b) The court taking proactive steps to ensure justice even if it means deviating from strict procedural formalities. (c) The government’s involvement in court decisions. (d) The prohibition on any amendments to pleadings. Answer: (b)
Comparative analysis of CPC with civil procedures in other jurisdictions often highlights that: (a) The CPC is the most complex in the world. (b) The CPC places great emphasis on summary trials and expedited procedures. (c) The CPC is less codified than procedures in common law countries. (d) The CPC does not allow for any form of interim relief. Answer: (b)
Which of the following best reflects the evolving nature of the CPC in the modern legal landscape? (a) A complete overhaul of its substantive provisions. (b) Gradual amendments aimed at reducing litigation delays while preserving fairness. (c) Abolition of the appellate process. (d) A focus solely on technological solutions with no change in substantive rules. Answer: (b)
