Top 150+ Solved Civil Procedure Code (CPC) MCQ Questions Answer
Q. A prayer for extension of time beyond the period of 90 days prescribed under Order VIII, Rule 1 of CPC for filing the written statement is to be:
a. granted just as a matter of routine
b. granted ordinarily
c. granted on sufficient cause being shown by the defendant
d. granted only for exceptional circumstance occasioned by reasons beyond the control of the defendant.
Q. The rule of rateable distribution of the proceeds of execution sale amongst decree holders is contained in:
a. section 73 of CPC
b. section 74 of CPC
c. section 75 of CPC
d. section 76 of CPC.
Q. Supreme Court in case of Union of India v. Somasundaram Mills (P)Ltd. held that under section 73 of CPC, the debts due to the State:
a. stand on equal footing with all other debts
b. are to be paid only after payment of all other debts
c. are entitled to priority over all other debts
d. are not entitled to priority over all other debts
Q. Under Order VII, Rule 11 of CPC:
a. part only of the plaint can be rejected
b. whole of the plaint is to be rejected
c. part only of the plaint or the whole plaint can be rejected
d. it is the discretion of the court to reject the plaint in part.
Q. In case the suit has been instituted in a court having no jurisdiction, territorial or pecuniary, the plaint is liable to be:
a. returned
b. rejected
c. may be returned or may be rejected
d. dismissed
Q. On rejection of a suit under Order VII, Rule 11 of CPC, a fresh suit onthe same cause of action under Order VII, Rule 13 of CPC:
a. is barred under all circumstances
b. is not barred at all
c. can be filed with the leave of the court
d. can amend
Q. Multifariousness in a suit results due to:
a. misjoinder of parties
b. misjoinder of cause of action
c. misjoinder of parties and misjoinder of cause of action
d. either misjoinder of parties or misjoinder of cause of action.
Q. Where a person who is a necessary party to the suit has not been joinedas a party to the suit; it is a case of:
a. non-joinder
b. mis-joinder
c. rejoinder
d. de joinder
Q. On account of mis-joinder or non-joinder of parties, under Order I,Rule 9 of CPC, the suit is:
a. liable to be dismissed
b. cannot be dismissed
c. may be dismissed or may not be dismissed as per the discretion of the court
d. rejection for joinder of wrong party
Q. Objection as to the non-joinder or mis-joinder of parties under Order I,Rule 13 of CPC:
a. can be taken at any stage of the proceedings
b. can be taken at the earliest possible opportunity
c. can be taken in appeal or revision for the first time
d. cannot take any time .
Q. A suit is bad for non-joinder of a necessary party, as provided:
a. under Order I, Rule 10 of CPC
b. under Order I, Rule 9 of CPC
c. under Order I, Rule 10A of CPC
d. under Order I, Rule 11 of CPC.
Q. A suit in representative capacity can be filed by virtue of:
a. under Order I, Rule 8 of CPC
b. under Order I, Rule 9 of CPC
c. under Order I, Rule 8A of CPC
d. under Order I, Rule 10A of CPC.
Q. A person can be made a party in the suit either as a plaintiff or adefendant:
a. under Order I, Rule 8A of CPC
b. under Order I, Rule 10 of CPC
c. under Order X, Rule 1 of CPC
d. under Order X, Rule 8 of CPC.
Q. Court can direct the parties to opt for any one mode of alternative dispute resolution under:
a. Order X, Rule 1A of CPC
b. Order X, Rule IB of CPC
c. Order XI, Rule 1 of CPC
d. Order XI, Rule 2 of CPC
Q. Letter of Request is a
a. Lieu of issuing a commission the court may issue a letter of request to examine a witness residing at any not within India
b. Lieu of issuing a commission the court may issue a letter of request to examine a witness residing in India
c. Lieu of issuing a commission the court may issue a letter of request to not examine a witness
d. Lieu of issuing a commission the court may issue a letter of request to examine a plaintiff