Code of Civil Procedure 1908 MCQs for Judiciary, Page 2

Correct answer: B. Salary of a government servant to the extent prescribed under Order XXI Rule 48

Order XXI Rule 48 CPC provides for attachment of salary and allowances of government servants, but only after the first month's salary (to ensure basic sustenance). Additionally, Order XXI Rule 60 exempts certain properties from attachment including: necessary wearing apparel, bedding, kitchen utensils, and tools of artisans. Provisions for exemption are strictly construed as they derogate from the general rule that all property of a judgment debtor is liable to execution. The exemption for government servants' salary is subject to the limitation that a portion must remain free to meet basic needs.

Source note: Order XXI Rules 48, 60, CPC 1908

Correct answer: B. Any person who claims to have an interest in the attached property or to be entitled to its possession

Order XXI Rule 58 provides that where an objection or claim is preferred to property attached in execution on the ground that it is not liable to such attachment, any person claiming an interest in or possession of the attached property may file such objection. The court must adjudicate upon the claim under Order XXI Rule 58. This provision protects third parties whose property may have been erroneously attached to satisfy a decree against another person. The burden of proof is on the claimant to establish his title or interest in the attached property.

Source note: Order XXI Rule 58, CPC 1908

Correct answer: B. Bills of exchange, hundis, promissory notes, or written contracts for a liquidated sum of money

Order XXXVII CPC provides summary procedure for suits based on bills of exchange, hundis, promissory notes, or written contracts (other than mortgages) for a liquidated sum of money where the plaintiff is entitled to recover the whole or part of the claimed amount. In summary suits, the defendant requires leave of court to defend, which separates this procedure from ordinary suits. The Supreme Court in Rajni Kumar v. Suresh Kumar Malhotra (2003) held that to set aside an ex parte decree in a summary suit under Order XXXVII Rule 4, the defendant must demonstrate both 'special circumstances' for non-appearance AND facts constituting a triable defence.

Source note: Order XXXVII, CPC 1908; Rajni Kumar v. Suresh Kumar Malhotra 2003 (3) SCALE 434

Correct answer: B. Exercised jurisdiction not vested in it, failed to exercise jurisdiction vested in it, or acted illegally or with material irregularity in exercise of jurisdiction

Section 115 CPC provides for revision by the High Court in cases where a court below has acted with jurisdiction not vested in it, failed to exercise jurisdiction vested in it, or acted in exercise of its jurisdiction with material irregularity or illegality. Revision is not a second appeal and is not available for mere errors of fact or law that do not go to jurisdiction. In Haridas Das v. Usha Rani Banik (2006), the Supreme Court reiterated that Section 115 is narrow in scope and the High Court cannot interfere unless there is a jurisdictional error. After the 1976 amendment, revision lies only against interlocutory orders that cannot be challenged by way of appeal.

Source note: Section 115, CPC 1908; Haridas Das v. Usha Rani Banik (2006) 3 SCALE 287

Correct answer: B. Discovery of new and important matter or evidence not within knowledge of applicant at trial, or mistake or error apparent on the face of the record, or any other sufficient reason

Order XLVII Rule 1 CPC provides three grounds for review: (1) discovery of new and important matter or evidence which was not within knowledge or could not be produced by the party at the time of the decree despite due diligence; (2) mistake or error apparent on the face of the record; (3) any other sufficient reason. Review is not a rehearing and is not available merely because a better argument could have been made. The scope of review is more restricted than an appeal, and the court cannot sit in appeal over its own judgment under the guise of review.

Source note: Order XLVII Rule 1, Section 114, CPC 1908

Correct answer: B. Dismissed by the court even if the defendant does not raise the plea, because it is a duty of the court to dismiss a time-barred suit

Section 3 of the Limitation Act, 1963 provides that every suit instituted, appeal preferred, and application made after the prescribed period shall be dismissed, and it is the duty of the court to dismiss it even if limitation has not been set up as a defence. The dismissal under Section 3 is mandatory once time-barred status is established. However, Section 5 provides for condonation of delay in appeals and applications (not suits) on showing 'sufficient cause.' Section 4 excludes the day of the event from limitation computation, and Sections 12-24 provide for exclusion of various periods.

Source note: Section 3, Limitation Act 1963

Correct answer: B. Whenever substantial justice and technical considerations are pitted against each other, courts must lean in favour of substantial justice and adopt a liberal approach

In Collector, Land Acquisition, Anantnag v. Katiji (AIR 1987 SC 1353), the Supreme Court enunciated the principle that courts must lean in favour of substantial justice and that a liberal approach to condonation serves the ends of justice. The Court held that the legislature enacted Section 5 as a safeguard and the power should be used liberally, not pedantically. However, the Court also noted that different considerations apply to government and private parties, and in subsequent cases (like State of Nagaland v. Lipok AO, 2005), courts have increasingly required government authorities to provide adequate explanation for official delay.

Source note: Section 5, Limitation Act 1963; Collector, Land Acquisition, Anantnag v. Katiji AIR 1987 SC 1353

Correct answer: B. Must be in writing signed by the person acknowledging, made before expiry of limitation, and extends the period from the date of acknowledgment

Section 18 of the Limitation Act provides that where before the expiry of the prescribed period for a suit, an acknowledgment of liability is made in writing signed by the party against whom the right to sue is claimed, a fresh period of limitation is computed from the date of acknowledgment. Three conditions are essential: (1) acknowledgment must be in writing; (2) it must be signed; (3) it must be made before the expiry of the original limitation period. The acknowledgment need not admit the exact quantum or expressly admit legal liability; even a letter requesting time to pay has been held to constitute an acknowledgment.

Source note: Section 18, Limitation Act 1963

Correct answer: B. Rs 3 lakhs

The Commercial Courts (Amendment) Act, 2018 reduced the specified value threshold from Rs 1 crore to Rs 3 lakhs for a commercial dispute to be heard by a Commercial Court. Commercial disputes include disputes relating to transactions in mercantile documents, export/import of merchandise, admiralty and maritime law, joint venture agreements, intellectual property rights, insurance, and contracts for provision of services. The Act mandates pre-institution mediation under Section 12A before filing commercial suits (except urgent interim relief), which reduces the burden on courts.

Source note: Commercial Courts Act 2015, as amended 2018; Section 12A Commercial Courts Act

Correct answer: A. The plaintiff files on behalf of all similarly situated persons only with leave of court, after notice to all interested parties

Order I Rule 8 CPC permits representative suits where numerous persons have the same interest in a suit. The court may permit one or more persons to sue or be sued on behalf of all persons having the same interest, but only after notice is given to all interested parties in such manner as the court directs. The representative plaintiff must obtain leave of the court. A decree in a representative suit binds all the persons on whose behalf it was instituted. Order I Rule 8 suits are particularly important for consumer rights, environmental, and class action litigation in India.

Source note: Order I Rule 8, Code of Civil Procedure 1908

Correct answer: B. A third party who owes money to the judgment debtor, attaching that debt to satisfy the decree

A garnishee order operates to attach a debt owed by a third party (the garnishee) to the judgment debtor, so that payment is made to the court to satisfy the decree. The garnishee procedure has two stages: first, a show-cause notice (garnishee order nisi) is issued to the garnishee to appear and show cause why the debt should not be applied towards the decree. If no cause is shown, the order becomes absolute and the garnishee must pay the court. Garnishee orders are useful where the judgment debtor's own assets are limited but he is owed money by third parties.

Source note: Order XXI Rules 46A-46I, CPC 1908

Correct answer: B. He is not possessed of sufficient means to pay the prescribed court fee for the plaint

Order XXXIII CPC permits a person to sue as an indigent person if he is not possessed of sufficient means other than the property forming the subject matter of the suit, to pay the fee prescribed for the plaint. The court conducts an inquiry into the means of the applicant. If the suit fails, the court may order the state government to recover the court fees from the plaintiff. The provision ensures that poverty is not a bar to justice. The Supreme Court has consistently held that access to courts is a fundamental right under Article 21 and Order XXXIII gives effect to this principle.

Source note: Order XXXIII, Code of Civil Procedure 1908

Correct answer: B. A person who holds property or money claimed by two or more other persons, and who himself claims no interest therein

An interpleader suit is filed by a person (such as a stakeholder or agent) who holds money or property claimed by two or more parties, and who himself claims no interest except costs and indemnity. The purpose is to enable the stakeholder to have rival claims adjudicated without himself being put to double jeopardy. A classic example is a debtor who owes money but two parties claim to be the creditor. The stakeholder files an interpleader suit, pays the amount into court, and the rival claimants fight out their competing claims.

Source note: Section 88, Order XXXV, Code of Civil Procedure 1908

Correct answer: B. Any person claiming a right to appear before a court on an application that may be made to that court

Section 148A CPC (inserted in 1976) allows any person who expects that an application will be made to a court in a case in which he has a right to appear, to lodge a caveat. The caveat remains valid for 90 days. Once a caveat is lodged, the court cannot make an order on the application without giving the caveator an opportunity of being heard. This provision is particularly useful to prevent ex parte orders, especially in urgent interim applications like injunctions where the other party might approach court without notice.

Source note: Section 148A, Code of Civil Procedure 1908

Correct answer: B. The court shall pronounce judgment against the defendant or make such other order in relation to the suit as it thinks fit

Order VIII Rule 10 CPC (as amended) provides that where a defendant fails to file a written statement within the time allowed, the court may pronounce judgment against him or make such other order as it thinks fit. The court retains discretion and is not bound to pass a decree, but can proceed on the basis of the plaint without giving the defendant an opportunity to contest. Order VIII Rule 1 mandates filing of written statement within 30 days of service of summons, extendable to 90 days, and the 2002 amendment makes 90 days an outer limit which cannot be extended under Order VIII Rule 10.

Source note: Order VIII Rules 1 and 10, CPC 1908

Correct answer: B. At the discretion of the court, with the general rule that the successful party is entitled to costs unless specified reasons are given for ordering otherwise

Section 35 CPC provides that costs are at the discretion of the court, but the general rule is that the successful party is entitled to costs. The court must state reasons in writing if it departs from this general rule. Costs serve both as compensation for the successful party's expenses and as a deterrent against frivolous litigation. Section 35A provides for compensatory costs in cases of vexatious claims or defences, and Section 35B provides for costs for causing delay. The power to award costs under CPC is supplemented by the power to award 'actual costs' in commercial disputes under the Commercial Courts Act, 2015.

Source note: Section 35, 35A, 35B, CPC 1908

Correct answer: B. It appears just and convenient to do so for the preservation of the disputed property pending suit

Order XL Rule 1 CPC empowers the court to appoint a receiver at any stage of a suit whenever it appears just and convenient to do so for the protection and preservation of the disputed property. The court may remove any person from possession of the property and commit it to the custody of the receiver. The receiver acts as an officer of the court and is personally liable for any loss to the property. Appointment of a receiver is an extraordinary remedy and requires the court to balance the interests of all parties, taking care that the appointment does not itself cause damage to the party who would have otherwise been in possession.

Source note: Order XL Rule 1, Code of Civil Procedure 1908

Correct answer: B. Formulate the terms of a possible settlement and refer the matter to arbitration, conciliation, judicial settlement, Lok Adalat, or mediation

Section 89 CPC mandates that where the court considers that there exist elements of settlement which may be acceptable to the parties, it shall formulate the terms of possible settlement, give them to the parties for observation, and then reformulate after receiving observations. The court shall then refer the dispute to one of five ADR mechanisms: (a) arbitration; (b) conciliation; (c) judicial settlement through Lok Adalat; (d) mediation. Section 89 represents a statutory preference for consensual dispute resolution. The Supreme Court in Salem Advocate Bar Association v. Union of India (2005) upheld the constitutional validity of Section 89 and directed courts to take a proactive role in ADR.

Source note: Section 89, CPC 1908; Salem Advocate Bar Association v. Union of India (2005)

Correct answer: B. Order XI

Order XI CPC deals with discovery and inspection. Rule 1 provides for discovery of documents, while Rule 12 provides for inspection of documents. Discovery enables a party to obtain information about the opponent's case before trial, thus preventing surprise and promoting fair adjudication. In civil suits, a party may apply for discovery of documents that are relevant to the matters in question. The court may, however, limit or refuse discovery where it is oppressive, vexatious, or fishing in nature. The Gujarat Civil Judge Exam 2022 specifically tested this provision.

Source note: Order XI, Code of Civil Procedure 1908

Correct answer: B. Written questions put to the opposite party to be answered under oath, used to discover facts for the purpose of the suit

Interrogatories under Order XI Rule 1 CPC are written questions which a party may, with leave of court, deliver to the other party, requiring that other party to answer them on oath. Interrogatories can be used to: discover facts known to the other party, establish admissions, and narrow the issues in dispute. The court may disallow any interrogatory that is scandalous, unnecessary, does not relate to matters in question, or is put to oppress the opposite party. Answers to interrogatories are binding on the party giving them.

Source note: Order XI Rule 1, Code of Civil Procedure 1908

Correct answer: B. Examine any person, make local investigations, examine or adjust accounts, make partition, hold scientific investigations, or to perform ministerial acts

Order XXVI CPC provides for various types of commissions. Rule 1 allows commissions to examine witnesses unable to attend court (including those residing outside jurisdiction). Rule 9 provides for local investigations. Rule 10 allows commissions to examine or adjust accounts. Rule 12 permits commissions to make partition. Rule 10A provides for scientific investigations. Rule 4 allows examination of witnesses in territories not governed by CPC. The report of a commissioner is not binding on the court but is part of the evidence in the case. Courts use commissions to obtain specialised or local knowledge efficiently.

Source note: Order XXVI, Code of Civil Procedure 1908

Correct answer: B. A material proposition of fact or law is affirmed by one party and denied by the other

Under Order XIV Rule 1, issues arise when a material proposition of fact or law is affirmed by one party and denied or not admitted by the other. Issues frame the real points in controversy and determine the scope of evidence. At the first hearing, the court frames issues after hearing both parties and perusing pleadings and documents. Order XIV Rule 2 deals with questions of law that may be heard and decided as preliminary issues. Framing of proper issues is critical because the court must decide only on issues framed, and any finding beyond issues may be treated as a nullity.

Source note: Order XIV, Code of Civil Procedure 1908

Correct answer: B. He is barred from challenging in the appeal against the final decree any decision which could have been challenged in an appeal from the preliminary decree

Section 97 CPC provides that where a party aggrieved by a preliminary decree does not appeal against it, he shall be precluded from disputing its correctness in an appeal from the final decree. This provision prevents the splitting of appeals and ensures that preliminary decrees, which determine the rights of parties definitively on certain issues, are challenged promptly. Once the opportunity to appeal the preliminary decree is lost, those issues are conclusively determined. This protects the finality of judicial determinations and prevents multiple rounds of litigation.

Source note: Section 97, Code of Civil Procedure 1908