Civil Procedure Code (CPC) - Test 3

Option (1) is incorrect: Shall not be stayed

Option (1) is incorrect: Any objection to answering any interrogatory on the ground that it is scandalous or irrelevant or not exhibited bona fide for the purpose of the suit may be taken in the affidavit in answer.

Option (1) is incorrect: Under Section 114 of the CPC, an aggrieved person may apply for a review of an order or judgement of a civil court by a decree or order from which an appeal is allowed, but from which no appeal has been preferred.
Option (2) is correct: An aggrieved person cannot apply for a review of an order or judgement of a Civil Court by a decree or order is passed in the absence of the aggrieved person.

Option (1) is incorrect: In case of disobedience of any injunction granted, the court may order such person to be detained in the civil prison for a term not exceeding three months.

Option (1) is incorrect: The court shall not dismiss the whole suit.

In the case of a public nuisance or other wrongful act affecting, or likely to affect, the public, a suit for a declaration and injunction or for such other relief as may be appropriate in the circumstances of the case, may be instituted,-(a) by the Advocate-General, or(b) with the leave of the Court, by two or more persons, even though no special damage has been caused to such persons by reason of such public nuisance or other wrongful act.

Hence option (3) is correct.

Option (1) is incorrect: Sohan may sue Mohan where cause of action arises, i.e. in Delhi or where Mohan resides, i.e. in Mumbai.
Option (2) is incorrect: Sohan may sue Mohan where cause of action arises, i.e. in Delhi or where Mohan resides, i.e. in Mumbai.
Option (3) is correct: Under section 19 of the Code of Civil Procedure, 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.

Option (1) is incorrect: Liable to attachment and sale in execution of a decree
Option (2) is incorrect: Liable to attachment and sale in execution of a decree
Option (3) is correct: Under Section 60 of the CPC, books of accounts shall not be liable to such attachment or sale in execution of decree.
Option (4) is incorrect: Liable to attachment and sale in execution of a decree

Option (1) is incorrect: An order under Section 151 of the Code of Civil Procedure is not appealable.

Option (1) is incorrect: No such provision

Option (1) is incorrect: Within certain limits from the place where the court is situated

Option (1) is incorrect: Can return the plaint

Option (1) is incorrect: No such provision

Option (1) is incorrect: Where an indigent person succeeds, the court fee shall not be recovered from the defendant.

Option (1) is incorrect: Under Order VI, Rule 1 of the Code of Civil Procedure, pleading means plaint and written statement.

Option (1) is incorrect: Under Section 133 of the Code of Civil Procedure, former Indian ruler is exempted from personal appearance in the court.

Option (1) is incorrect: A minor on attaining majority may, if a sole plaintiff, apply that a suit instituted in his name by his next friend be dismissed on the ground that it was unreasonable or improper.

Option (1) is incorrect: Suit for partition of immovable property shall not be instituted in the court where plaintiff resides.

Option (1) is correct: The plaint shall be rejected by the court under Order VII, Rule 11(e) of the Code of Civil Procedure if it is not filed in duplicates.

Option (1) is incorrect: The plaint shall be rejected by the court under Order VII, Rule 11(a) of the Code of Civil Procedure if it doesn’t disclose a cause of action.