CPC MCQ Quiz - Objective Question with Answer for CPC - Download Free PDF

The correct answer is The suit shall not abate

Key Points

• Relevant Principle:
  • Under the Code of Civil Procedure, 1908, if a party dies after the hearing is concluded but before the judgment is pronounced, the suit does not abate.
• Judgment Still Valid:
  • The court is deemed to have heard the party fully, and the death does not affect the merits of the case or the delivery of judgment.
• Legal Position:
  • This position has been recognized by courts and aligns with the principle of finality after hearing—once arguments are over, the court can pronounce judgment even if a party passes away.
• Supporting Case Law:
  • Case laws such as Jayalakshmi Coelho v. Oswald Joseph Coelho support that abate rules do not apply once final hearing is done.

Additional Information

• The suit shall abate – Wrong; abatement applies only when a party dies before hearing is concluded.
• It will be deemed that the judgment has been pronounced before death of the party –  Legally inaccurate; the judgment is valid even if pronounced after death, not deemed to be before.
• None of the above –  Incorrect; the correct legal position is clearly stated in the second option.

The correct answer is Section 92 of CPC

Key Points

Section 92 of the Code of Civil Procedure, 1908 deals with

• Public Charitable and Religious Trusts.
  • It provides for a special procedure to be followed when there is a breach of trust or mismanagement.
• Who can file:
  • The suit can be filed by the Advocate General, or
  • Two or more persons having an interest in the trust, with permission of the court.
• Purpose of the suit:
  • To remove trustees, appoint new ones, direct accounts, or frame schemes for proper administration of the trust.
• Nature:
  • This is a representative suit, meant to protect the interest of the public in a charitable or religious trust.

Additional Information

• Section 41 of CPC – Relates to the power of courts in issuing injunctions, not public charities.
• Section 100 of CPC – Pertains to second appeals, not charitable trusts.
• Section 91 of CPC – Deals with public nuisances and other wrongful acts affecting the public, not charities.

The correct answer is All of the above

Key Points

• A preliminary decree is one which decides the rights of the parties but leaves the actual implementation or execution for a final decree. Under the Code of Civil Procedure, 1908, preliminary decrees can be passed in the following types of suits:
  • Partition Suit:
    • Preliminary decree declares shares of parties.
    • Actual division and allotment are dealt with in the final decree.
    • Possession and Mesne Profits:
    • Court may pass a preliminary decree granting possession, and order an inquiry into mesne profits, to be decided later.
• Partnership Suit:
  • Preliminary decree may determine the shares of partners, direct accounts, and dissolution if necessary.
  • Thus, courts may pass preliminary decrees in all these cases before passing the final decree.

Additional Information

• For partition –  Correct, but does not cover all scenarios.
• For possession and mesne profit – Also correct, but not the only one.
• For partnership – Correct, but not the complete answer.

The correct answer is Option 4.

Key Points

• Order 6 Rule 17 of the Civil Procedure Code, 1908 deals with the amendment of pleadings.
• This rule permits amendment of pleadings at any stage of the proceedings, including:
  • Trial Court
  • First Appellate Court
  • Second Appellate Court
• The objective is to allow parties to clarify their case and avoid multiplicity of proceedings, provided it does not cause injustice or prejudice to the other side.
• However, at the appellate stages, courts exercise this power more cautiously and generally allow amendments only when:
  • They are essential for determining the real questions in controversy.
  • They do not change the nature of the original suit or appeal.

Additional Information

• Before the trial Court only – Too narrow; amendments can be made at appellate stages too.
• Before the first Appellate Court only – Excludes trial and second appeal wrongly.
• Before the second Appellate Court only – Incorrect; all courts can allow it depending on the stage and necessity.

The correct answer is Issue and service of summons

Key Points

• Order 5 of the Civil Procedure Code, 1908 deals with the procedure related to summons.
• It lays down:
  • How summons are to be issued by the court,
  • To whom they should be served (defendant or respondent),
  • Mode and manner of service (personal, substituted, etc.),
  • Timeframe within which the service should be completed.
• The objective is to ensure the defendant is duly informed of the suit and given a chance to appear and answer

Additional Information

• Admission – Related to Order 12, not Order 5.
• Summoning and attendance of witness – Covered under Order 16, not Order 5.
• Pleadings – Governed by Order 6, not Order 5.

Option 2 is not correct.

Key Points

• The Parliament shall meet at least twice a year. The maximum gap between two sessions of the Parliament cannot be more than six months.
• The President from time to time summons each house of the Parliament to meet.
• There are usually three sessions in a year :
  • Budget session
  • Monsoon session
  • Winter session
• A sitting of a parliament can be terminated by adjournment or adjournment sine die or prorogation or dissolution.
• Adjournment: It suspends the work in a sitting for a specified time, which may be hours, days, and weeks.
• Adjournment sine die: It means terminating a sitting of Parliament for an indefinite period.
  • The power of adjournment sine die lies with the presiding officer of the House and not the president. Hence, Option 2 is correct answer of this question.

Additional Information

• Prorogation: After the presiding officer declares the House adjourned sine die, within the next few days, the President issues a notification for the prorogation of the session.
  • However, the President can also prorogue the house while in session.
• Dissolution: It ends the very life of the existing house and a new house is constituted after general elections are held.
  • Rajya Sabha being a permanent house is not subject to dissolution, while Lok Sabha is subject to dissolution.

The Correct answer is Order 9, Rule 14.

Key Points

• Order 9, Rule 14 of the Code of Civil Procedure, 1908 deals with the service of summons on a defendant who is a corporation.

The rule states that:

• Where the defendant is a corporation, the summons shall be served by delivering it to the managing agent or secretary or treasurer of the corporation.
• If there is no managing agent, secretary, or treasurer, or if such managing agent, secretary, or treasurer cannot be found within the jurisdiction of the Court, the summons shall be served by affixing a copy thereof to some conspicuous part of the corporation's place of business.
• In the case of a foreign corporation, the summons may be served in the manner prescribed in Order XXX, rules 3 and 4.
• Order 9 Rule 14 also provides that the Court may, in any case, direct that the summons shall be served in such manner as it thinks fit.

The Correct answer is Writ petition dismissed in limine operates as res-judicata.

Key Points

• Doctrine of Res Judicata given under section 11 of the CPC.
• The doctrine of res judicata is a fundamental principle in Indian civil procedure law, enshrined in Section 11 of the Code of Civil Procedure, 1908 (CPC). It aims to prevent repetitive litigation and uphold the finality of judicial decisions.
• The principle essentially states that once a court has reached a final and conclusive judgment on a matter, the same matter cannot be re-litigated between the same parties or their privies, involving the same subject matter and under the same title.
• Doctrine of Res judicata base on "Res judicata pro veritate accipitur", "Interest reipublicase ut sit finis litium" & "Nemo debet bis vixari pro una et endem causa" latin maxim.

Essential Elements of Res Judicata

• Identity of parties: The parties to the subsequent suit must be the same parties or their privies involved in the previous suit.
• Identity of subject matter: The subject matter of the subsequent suit must be the same as or closely related to the subject matter of the previous suit.
• Identity of cause of action: The cause of action, the legal basis for the claim, must be the same in both suits.
• Finality of judgment: The judgment in the previous suit must be final and conclusive, not subject to further appeal or revision.

 The Correct answer is Either (a) or (b) at the option of the plaintiff.

Key Points

• Section 19 of CPC provides  Suits for compensation for wrongs to person or movables.
  Where a suit is for compensation for wrong done to the person or to movable property, if the wrong was done within the local limits of the jurisdiction of one Court and the defendant resides, or carries on business, or personally works for gain, within the local limits of the jurisdiction of another Court, the suit may be instituted at the option of the plaintiff in either of the said Courts.
• This provision is based on the principle of forum convenience, which means that a court should be chosen for the trial of a suit which is most convenient for all parties concerned. In this case, the plaintiff may choose to file the suit in the court where the wrong was done, or in the court where the defendant resides.

The plaintiff may consider the following factors when deciding which court to file the suit in:

• The availability of evidence: If the evidence is located in the court where the wrong was done, it may be more convenient to file the suit there.
• The convenience of the parties: If the plaintiff and defendant live closer to one court than the other, it may be more convenient to file the suit in that court.
• The experience of the courts: If one court has more experience with this type of case, it may be more likely to make a fair decision.

The correct answer is Option 4.

Key Points Section 9 of CPC says Courts to try all civil suits unless barred.
The Courts shall (subject to the provisions herein contained) have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred.

[Explanation I].--A suit in which the right to property or to an office is contested is a suit of a civil nature, notwithstanding that such right may depend entirely on the decision of questions as to religious rites or ceremonies.

[Explanation II].--For the purposes of this section, it is immaterial whether or not any fees are attached to the office referred to in Explanation I or whether or not such office is attached to a particular place.

The following are suits of a civil nature: 

• Suits relating to right to property.
• Suits relating to right to worship/ to share in offerings 
• Suits relating to taking out of religious procession.
• Suits for specific performance of contracts or for damages for civil wrongs/ for breach of contract 
• Suits for specific relief.
• Suits of restitution of conjugal rights/ for dissolution of marriage.
• Suits for rights for franchise.

The following are not suits of a civil nature:- 

• Suits involving principally caste question (viz., temporary exclusion of some members of a caste from social intercourse with other families on account of infringement of caste rules.)
• Suits involving purely religious rites/ceremonies 
• Suits for recovery of voluntary payments or offerings.
• Suits for upholding mere dignity or honour (viz. z claim to be declared the guru of a temple, a suit by an honorary lecturer to compel delivery of lectures by him).

Additional Information

• Section 5: Application of the Code to Revenue Courts.
• Section 7: Provincial Small Cause Courts.
• Section 13: When foreign judgment not conclusive.

The correct answer is Option 2.

Key Points

• Section 34 of the C.P.C makes provision for payment of interest in a money decree. In respect of 'interest prior to the institution of the suit', the court will normally allow the rate of interest as was stipulated between the parties or as according to mercantile usage (if any) or a statutory right of interest (e.g. under the Negotiable Instruments Act). 
• In respect of pendent lite interest i.e. 'interest from the date of the suit till the date of the decree', the court has discretion. Courts normally award interest at the rate agreed to between the parties, unless it is inequitable to do so. The court may disallow such interest altogether. Or, it may allow it even it there is a contrary contract between the parties. 
• In respect of futurel further interest i.e. 'interest from the date of the decree till realization or date of payment' , the court has a discretion and it may award at such rate as it deems reasonable, not exceeding 6 percent per annum, except in case of commercial transactions in which the rate may exceed 6%. However, such rate cannot exceed the contractual rate of interest or the rate at which money is lent by nationalized banks in relation to commercial transactions. 
• It is open to the court to allow compound interest from the date of the institution of the suit. 

The correct answer is option 4 

 Key PointsOrder 9,  APPEARANCE OF PARTIES AND CONSEQUENCE OF NON-APPEARANCE

Rule 2 Dismissal of suit where summons not served in consequence of plaintiffs failure to pay cost.

Rule 3 Where neither party appears suit to be dismissed.

Rule 5  Dismissal of suit where plaintiff, after summons returned unserved, fails for seven days to apply for fresh summons.

The correct option is option 2

 Key Points The three statements are covered by the Provisions contained in Order 12, Rules 1, 2, 4 and 6 CPC

 ORDER XII – ADMISSION 

Rule 1: Notice of admission of case
Rule 2: Notice to admit documents
Rule 4: Notice to admit facts

Rule 6: Judgment on admissions

The correct answer is option 3

​ Key Points

•  Section 51. Powers of Court to enforce execution. (b) permits execution of money decree by attachment and sale of any property of the judgment debtor.
• (c) permits execution even by arrest and detention in prison of the judgment debtor but not for period exceeding the one specified in Section 58 

Section 58. Detention and release(1) Every person detained in the civil prison in execution of a decree shall be so detained,
(a) where the decree is for the payment of a sum of money exceeding [five thousand rupees], for a period not exceeding three months, and
(b) where the decree is for the payment of a sum of money exceeding two thousand rupees, but not exceeding five thousand rupees, for a period not exceeding six weeks.
(1A) For the removal of doubts, it is hereby declared that no order for detention of the judgment debtor in civil prison in execution of a decree for the payment of money shall be made, where the total amount of the decree does not exceed 5 [two thousand rupees.]
(2) A judgment-debtor released from detention under this section shall not merely by reason of his release be discharged from his debt, but he shall not be liable to be re-arrested under the decree in execution of which he was detained in the civil prison.

The correct answer is Option 4

Key Points

• injunction refuses in following situation:

1.  If it would impede or delay the progress or completion of any infrastructure project or interfere with the continued provision of relevant facility related thereto or services being the subject matter of such project.
2.  when the plaintiff has no personal interest in the matter.

•  Order 39 talks about Temporary Injunction And Interlocutory Orders.

In News 

• The Karnataka High Court recently held that relief of temporary injunction under Order 39 Rules 1 and 2 of the Code of Civil Procedure (CPC) is a discretionary remedy which requires a careful balance between the need for interim relief and the ongoing legal proceeding