Code of Civil Procedure Mock Test

Welcome to Code of Civil Procedure Mock Test – II by Amit Law Institute. This quiz is carefully designed to strengthen your conceptual clarity and exam readiness. Read each question attentively and choose the most appropriate answer. Total Questions: 50. Give your best, your progress starts here.

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1. The Civil Procedure Code, 1908 came into force on:

1st January 1908

1st January 1909

1st September 1908

1st April 1909

2. Which section of the CPC defines the term "decree"?

Section 2(1)

Section 2(2)

Section 2(5)

Section 2(9)

3. A decree can be:

Preliminary

Final

Partly preliminary and partly final

All of the above

4. "Decree" does not include:

The rejection of a plaint

The determination of any question within Section 144

Any adjudication from which an appeal lies as an appeal from an order

None of the

5. Under Section 2(6) of the CPC, "foreign judgment" means the judgment of:

A foreign Court

A Court outside India not established by the Central Government

An international court

A court in Jammu and Kashmir

6. "Judgment" under Section 2(9) means:

The decree passed by a civil court

The statement given by the Judge on the grounds of a decree or order

The final order passed in an execution proceeding

The reasoning of the advocate

7. "Legal Representative" under Section 2(11) includes a person who:

Intermeddles with the estate of the deceased

Is the close friend of the deceased

Is the employer of the deceased

Co-shares property with the deceased without intermeddling

8. "Mesne profits" of property as per Section 2(12) means:

Profits received by a person in rightful possession of property

Profits which the person in wrongful possession actually received or might with ordinary diligence have received, including interest

Profits due to improvements made by the person in wrongful possession

Both B and C

9. According to Section 3 of the CPC, the District Court is subordinate to:

The High Court

The Supreme Court

The State Government

The Revenue Board

10.

10. Section 6 of the CPC deals with:

Pecuniary jurisdiction

Territorial jurisdiction

Subject-matter jurisdiction

None of the above

1 out of 5

11.

11. Under Section 9 of the CPC, Courts have the jurisdiction to try:

All suits of a civil nature

All suits of a civil nature except suits of which their cognizance is expressly or impliedly barred

Political and religious matters exclusively

Matters involving criminal liabilities only

12.

12. A suit involving a "right to property or to an office" is a suit of:

Political nature

Religious nature

Civil nature

Social nature

13.

13. Section 10 of the CPC deals with:

Res Judicata

Stay of suit (Res Sub-Judice)

Bar to further suit

Foreign judgment

14.

14. For the application of Section 10 (Stay of Suit), the previously instituted suit must be pending in:

The same Court

Any other Court in India having jurisdiction

A Court beyond the limits of India established or continued by the Central Government

Any of the above

15.

15. The rule of Res Judicata is contained in which section of the CPC?

Section 10

Section 11

Section 12

Section 13

16.

16. How many explanations are attached to Section 11 of the CPC?

17.

17. Constructive Res Judicata is provided under which explanation to Section 11?

Explanation II

Explanation III

Explanation IV

Explanation VI

18.

18. A matter which might and ought to have been made a ground of defence or attack in a former suit but was not raised, is deemed to have been a matter directly and substantially in issue under:

Section 10

Constructive Res Judicata

Rule of Estoppel

Section 12

19.

19. Section 12 of the CPC bars:

Filing of regular appeals

Further suit in respect of a particular cause of action where rules bar it

Writ petitions

Execution of foreign decrees

20.

20. Under Section 13 of the CPC, a foreign judgment is not conclusive if:

It has not been pronounced by a Court of competent jurisdiction

It has not been given on the merits of the case

It is founded on a breach of any law in force in India

All of the above

2 out of 5

21.

21. A presumption as to the conclusiveness of a foreign judgment arises under:

Section 13

Section 14

Section 15

Section 16

22.

22. Every suit shall be instituted in the Court of the lowest grade competent to try it. This is provided under:

Section 15

Section 16

Section 17

Section 18

23.

23. Under Section 16 of the CPC, a suit for the recovery of immovable property shall be instituted in the Court within the local limits of whose jurisdiction:

The plaintiff resides

The defendant resides or carries on business

The property is situate

The cause of action arises entirely

24.

24. Where immovable property is situate within the jurisdiction of different Courts, a suit may be instituted in:

Any Court within the local limits of whose jurisdiction any portion of the property is situate

Only the Court where the largest portion of property is situate

The High Court directly

The Court chosen exclusively by the plaintiff regardless of property location

25.

25. Section 18 of the CPC provides for the place of institution of a suit where:

Property is situate outside India

Local limits of jurisdiction of Courts are uncertain

The defendant is a foreign state

Multiple plaintiffs want different forums

26.

26. A suit for compensation for wrong to a person or to movable property may be instituted where:

The wrong was done

The defendant resides or carries on business

Either A or B, at the option of the plaintiff

Only where the plaintiff resides

27.

27. Section 20 of the CPC is a residuary provision applicable to:

Suits relating to immovable property only

Suits for recovery of land

Personal actions or suits other than those mentioned in Sections 16 to 19

Disputes between States

28.

28. Under Section 20, a suit can be instituted where the cause of action arises:

Wholly

In part

Wholly or in part

None of the above

29.

29. No objection as to the place of suing shall be allowed by any Appellate or Revisional Court unless such objection was taken:

At the earliest possible opportunity

In all cases as or before the settlement of issues

Where there has been a consequent failure of justice

All of the above are required concurrently

30.

30. General power of transfer and withdrawal of suits is vested under Section 24 of the CPC in:

The High Court

The District Court

Both the High Court and the District Court

The Supreme Court only

3 out of 5