Code of Civil Procedure (CPC) Test - 1

Option (1) is incorrect: No such provision
Option (2) is correct: Under section 35A (2) of the CPC, no court shall make any such order for the payment of an amount exceeding Rs. 3000 or exceeding the limits of its pecuniary jurisdiction, whichever is less.
Option (3) is incorrect: No such provision

Option (1) is incorrect: The summons shall not be served by affixing outside the prison.
Option (2) is incorrect: The summons shall not be served by sending process server in the prison.
Option (3) is correct: Under Order V, Rule 24 of the CPC, where the defendant is confined in a prison, the summons shall be delivered or sent by post or by courier service, by fax message or by electronic mail service to the officer in charge of the prison for service on the defendant.
Option (4) is incorrect: The summons shall not be served by production warrant through the court.

Option (1) is incorrect: No such provision
Option (2) is correct: Under Order VI, Rule 18 of CPC, if a party, who has obtained an order for leave to amend, does not amend accordingly within the time limited for that purpose by the order or if no time is thereby limited, then within fourteen days from the date of the order, he shall not be permitted to amend after the expiration of such limited time as aforesaid or of such fourteen days, as the case may be, unless the time is extended by the court.
Option (3) is incorrect: No such provision
Option (4) is incorrect: No such provision

Option (1) is incorrect: Does not preclude the courts in India from trying a suit founded on the same cause of action.
Option (2) is correct: Explanation under section 10 states that the pendency of a suit in a foreign court does not preclude the courts in India from trying a suit founded on the same cause of action.
Option (3) is incorrect: It doesn’t depend on the nature of suit.
Option (4) is incorrect: No such provision

Option (1) is incorrect: A cannot sue B afterwards for the rent due for 1905.
Option (2) is incorrect: A cannot sue B afterwards for the rent due for 1907.
Option (3) is incorrect: A cannot sue B afterwards for the rent due for both 1905 and 1907.
Option (4) is correct: Where a plaintiff omits to sue in respect of, or intentionally relinquishes any portion of his claim, he shall not afterwards sue in respect of the portion so omitted or relinquished.

Option (1) is incorrect: No such provision
Option (2) is incorrect: No such provision
Option (3) is correct: Under Order XVII, Rule 1(1) of the Code of Civil procedure, if sufficient cause is shown by the parties for adjournment of the hearing of the case, the court shall not adjourn the case more than three times.
Option (4) is incorrect: No such provision

Option (1) is incorrect: Under Order V, Rule 15 of the CPC, a servant is not a member of his family within the meaning of this rule.
Option (2) is incorrect: Summons cannot be served on minor members of the family. 
Option (3) is incorrect: If the munim would not be present, then summons can be served on the adult daughter.
Option (4) is correct: Where in a suit, the defendant is absent from his residence and there is no likelihood of his being found at the residence within a reasonable time, service of the summons may be made on any adult member of the family, whether male or female, whoever is residing with him.

Option (1) is incorrect: On the retirement, removal or death of the next friend of a minor, further proceedings shall be stayed.
Option (2) is correct: Under Order XXXII, Rule 10 of the CPC, on the retirement, removal or death of the next friend of a minor, further proceedings shall be stayed until the appointment of a next friend in his place.
Option (3) is incorrect: On the retirement, removal or death of the next friend of a minor, further proceedings shall be stayed.
Option (4) is incorrect: On the retirement, removal or death of the next friend of a minor, further proceedings shall be stayed.

Option (1) is incorrect: Under Section 75 of the Code of Civil Procedure, a court may issue commission to examine any person.
Option (2) is incorrect: Under Section 75 of the Code of Civil Procedure, a court may issue commission to examine and adjust accounts.
Option (3) is incorrect: Under Section 75 of the Code of Civil Procedure, a court may issue commission to perform any ministerial or clerical act.
Option (4) is correct: Under Section 75 of the Code of Civil Procedure, a court cannot issue commission to arrest a person. 

Option (1) is incorrect: Within certain limits from the place where the court is situated
Option (2) is incorrect: Within certain limits from the place where the court is situated
Option (3) is incorrect: Within certain limits from the place where the court is situated
Option (4) is correct: Any court will order a party, who resides without the local limits of the court's ordinary original jurisdiction to appear in person, if he resides within certain limits from the place where the court is situated.

Option (1) is incorrect: It is not a valid ground to reject an application to sue as an indigent person.
Option (2) is incorrect: It is not a valid ground to reject an application to sue as an indigent person.
Option (3) is incorrect: It is not a valid ground to reject an application to sue as an indigent person.
Option (4) is correct: If any person has entered into an agreement with the applicant to finance the litigation, the court can reject an application to sue as an indigent person.

Option (1) is correct: Under Order VII, Rule 11(1)(e) of the Code of Civil Procedure, where the plaint is not filed in duplicate, the court shall reject the plaint.
Option (2) is incorrect: These are irregularities, but the court shall not reject the plaint. These regularities can be cured.
Option (3) is incorrect: These are irregularities, but the court shall not reject the plaint. These regularities can be cured.
Option (4) is incorrect: These are irregularities, but the court shall not reject the plaint. These regularities can be cured.

Option (1) is incorrect: It can be either preliminary or final.
Option (2) is incorrect: It can be either preliminary or final.
Option (3) is incorrect: It can be either preliminary or final.
Option (4) is correct: A decree is preliminary when further proceedings have to be taken before the suit can be completely disposed of. It is final when such adjudication completely disposes of the suit. It may be partly preliminary and partly final.

Option (4) is correct: Under Order XXXIX, Rule 3A of the Code of Civil Procedure, where an injunction has been granted without giving notice to the opposite party, the court shall make an endeavour to finally dispose of the application within thirty days from the date on which the injunction was granted.

Option (1) is correct: A judgement passed by a court can be reviewed by the very same court.
Option (2) is incorrect: District judge can review its own decisions only.
Option (3) is incorrect: The High Court can review its own decisions only.
Option (4) is incorrect: The decisions of the Supreme Court can never be reviewed by it. 

Option (1) is incorrect: For the application of res judicata, previous suit should be finally heard and decided by the court of competent jurisdiction.
Option (2) is correct: For the application of res judicata, previous suit should be heard and decided by the court.
Option (3) is incorrect: Parties in the previous suit and subsequent suit must be same for the application of res judicata.
Option (4) is incorrect: Subject matter of previous and the subsequent suit must be the same for the application of res judicata.

Option (1) is incorrect: No such provision
Option (2) is correct: Under Order XVI, Rule 1(1) of the Code of Civil Procedure, the parties shall present in court a list of witnesses whom they propose to call, not later than fifteen days after the date on which the issues are settled.
Option (3) is incorrect: No such provision
Option (4) is incorrect: No such provision

Option (1) is incorrect: No such provision
Option (2) is incorrect: No such provision
Option (3) is correct: Order VIII, Rule 1 proviso states that where the defendant fails to file the written statement within thirty days, he shall be allowed to file the same on such other day, as may be specified by the court, for reasons to be recorded in writing, but which shall not be later than ninety days from the date of service of summons.
Option (4) is incorrect: No such provision

Option (1) is incorrect: The court passing the decree cannot determine such question.
Option (2) is correct: Under Section 47(3) of the Code of Civil Procedure, where a question arises as to whether any person is or is not the representative of a party, such question shall be determined by the court executing the decree.
Option (3) is incorrect: The appellate court cannot determine such question.

Option (1) is correct: In case of a suit against the Central Government where it relates to a railway, no suit shall be instituted under Section 80 of the Code of Civil Procedure until the expiration of two months next after the notice in writing has been delivered to or left at the office of the General Manager of that railway.
Option (2) is incorrect: In case of a suit against the Central Government, except where it relates to a railway, no suit shall be instituted under Section 80 of the Code of Civil Procedure until the expiration of two months next after the notice in writing has been delivered to or left at the office of a Secretary to that Government.
Option (3) is incorrect: In case of a suit against a State Government, no suit shall be instituted under Section 80 of the Code of Civil Procedure until the expiration of two months next after the notice in writing has been delivered to or left at the office of a Secretary to that Government or the Collector of the district.
Option (4) is incorrect: No such provision