1.

Private
alienation
Void [Sec.64]

of

property

after

attachment

is

_________.

2. Rateable distribution of proceeds of sale in execution of a decree is provided under

__________
.
Section 73
3. What number of days will a judgement debtor be imprisoned for obstructing the
decree
holder
from
taking
possession
of
immovable
property?
30 days [Section 74]

4. Which Section deals with the power of Court to issue commissions?

Section 75.
5.

Can
alien
enemies
residing
in India sue
without
No. can sue with permission of Central Government[Sec.83]

permission?

6. What is the name of suit brought by a person from whom two persons claim a debt
adversely to one another and who claims no interest to that and ready to deliver it to
rightful
claimant?
Interpleader suit[88]
7. A provision for referring matters to Adalath was inserted but came into force only
with
effect
from
2002.
Which
one
is
it?
Section 89.
8. Can a person dispute the correctness of the preliminary decree in any appeal
preferred against the final decree, if he has not appealed from that preliminary decree?
No[Section 97]
9. According to Section 100(1) what should be satisfied to prefer a Second Appeal?
Substantial question of law
10. What is the pecuniary limit for Second Appeal as provided in Section 102 of CPC?
Must be above TwentyFive Thousand rupees
11.

Can
the
Yes[107(1)(d)]

appellate

court

take

additional

evidence?

12. Where a court is satisfied that a case pending before it involves a question as to the
validity
of
any
Act,
what
can
the
Court
do?
Reference to High court.[113]
13. Are ministers of states exempted from personal appearance in court?
Yes.[133]
14. What is the maximum duration granted by the court in its discretion to a party on
his application, to do a paricular thing if the time fixed for it has already expired?
30 days in total[148]
15.

What is the
90 days[148A(5)]

validity

of

the

Caveat

in

number

of

days?

16. Can a court in its own motion correct clerical mistakes in judgement.
Yes[152]
17.

When
should
an
objection
as
Before settlement of issues.[Order1 Rule 13]

to

non-joinder

be

raised?

18. Is it mandatory for a court to issue summons if at the presentation of the plaint the
defendant
has
appeared
and
admitted
the
plaint
claim?
No[Proviso to Order 5 Rule 1(1)]
19. A summons shall be accompanied by copy of plaint. This rule was formulated in
amendment
in
_____.
1999. came into effect from 2002.[Order 5 Rule 2]
20.

Provision for
Order 5 Rule 20.

substituted

service

21.

Is
a
written
statement
Yes[Order 6 Rule 15(4)]

to

is

incorporated

be

supported

under

by

_________.

affidavit?

22. What is the maximum number of days a person will get to amend his pleadings if
no
time
is
prescribed
by
the
Court
in
its
order?
14 days. [Order 6 Rule 18]

23.

Returning
Order 7 Rule 10

of

plaint

is

provided

under

_________.

24. Where the relief claimed in the suit is undervalued and the plaintiff fails to correct
the valuation even after time provided by the Court, the suit will be ________ .
Rejected[Order 7 Rule 11(b)]
25. Can a document which is not produced with the plaint and which ought to be
produced by the plaintiff be received in evidence on his behalf.
Can be with the leave of the Court[Order 7 Rule 14(3)]
26. Which provision specifically enables the court to pronounce judgement in case the
defandant fails to file written statement or subsequent pleadings?
Order 8 Rule 10
27. What can the court do when neither party appears when it is called for hearing?
Suit may be Dismissed[Order 9 Rule 3]
28. What type of cause is to be shown in an application to set aside exparte order?
Good Cause[Order 9 Rule 7]
29. What can the Court do when the suit is called on for hearing and the plaintiff fails
to appear and the defendant only appears and admits the claim?
Court can pass decree against defendant[Order 9 Rule 8]
30. What type of cause is needed in an application to set aside an exparte decree?
Sufficient cause.[Order 9 Rule 13]
31. Can the fact that the pleader of a party is engaged in another court be put forward
as
a
good
ground
for
adjournment?
No[Order 17 Proviso c]
32. Provision to examine defendant and his witness even before the plaintiff under
certain
circumstances
is
mentioned
in
_________
.
Order 18 Rule 1

33.

Order 18 Rule 17 of the Code

Power of court to recall and examine witness

deals

with

_________

34. What is the maximum time granted to Court by the code to draw up a decree after
pronouncing
judgement?
15 days[Order 20 Rule 6A]
35. What all methods court can follow in an execution for specific movable property?
Seizure, detention, attachment[Order 21 Rule 31]
36. What remedy lies with the court in an execution of a decree for the payment of
money where the judgement debtor is likely to leave the local limits of its jurisdiction
with
an
object
to
delay
the
execution?
Issue warrant of arrest.[See proviso to Order 21 Rule 37(1)]
37. Who has the power to fix scales for the subsitence allowance for the judgement
debtors
in
civil
prison?
State
Government[Section
57]
Court thereupon fixes from the scale[Order 21 Rule 39(2)]
38.

A
judgement
debtor's
Garnishee[Order 21 Rule 46A]

debtor

is

called

________

39.

What can the court do in case the garnishee disputes

The court can try the issue as to determine liability[Order 21 Rule 46 C]

liability?

40. Can a claim with regard to attached property in execution be made after the
property
is
sold?
No.[Proviso (a) to Order 21 Rule 58]
41. How much amount of purchase money need a purchaser to deposit immediately
after
sale?
25 percent[Order 21 Rule 84]
42. What are the general grounds specified in the Code for setting aside sale in
execution?
Material irregularity or fraud in publishing or conducting sale[Order 21 Rule 90]

43. What can the court do in case of a party's death not survived by any legal
representative?
The Court can appoint any authorised person to represent the estate.[Order 22 Rule
4A]
44. The plaintiff may abandon the suit any time after its institution. Can a minor
plaintiff
abandon
the
suit?
Can be with the leave of the Court[Proviso to Order 23 Rule 1]
45.

What will a person

Next friend[Order 32 Rule 1]

46.

Suits
Order 33

by

indigent

who

institutes

persons

are

suit

for

minor

called?

provided

in

_________

47. In which explanation of Section 11, the principle of 'might and ought' embodied?
Explanation IV
48. When did the Code of Civil Procedure, 1908 come into force?
January 1,1909
49. Any person who intermeddles with the estate of the deceased person is called
________
.
Legal representative[Section 2(11)]
50.

What
are
mesne
Profits which the person in wrongful possession actually received[2(12)]

51.

Section
6
of
Pecuniary jurisdiction of courts

CPC

deals

with

profits?

_________.

52. Do the pendency of a suit in foreign court preclude courts in India from trying a
suit
founded
on
same
cause
of
action?
No. [Explanation to Section 10]
53. If the immovable property situates within the jurisdiction of different courts, in

which
court
In any court.[sec.17]

the

suit

may

be

instituted?

54. Which section empowers the Court to order any fact to be proved by affidavit?
Section 30(c)
55. What is the maximum amount of compensatory costs that can be awarded?
3000 rupees[S.35A(2)]
56. Which court will determine questions relating to discharge, satisfaction etc of the
decree?
Executing Court[Section 47]
57. A right to future maintenance ________ be attached in execution.
Cannot[Proviso (n)sec.60(1)]
58. If the summons issued to defendant is returned unserved and the plaintiff fails to
apply for fresh summons to the defendant within 7 days of the return, the suit will
be_______.
Dismissed under Order 9, Rule 5
59. An appeal from a decree passed in appeal has been provided under_____.
sec.100
60. 'Guardian at litem' means person defending a suit on behalf of a _______.
Minor