Code of Civil Procedure 1908 MCQs for Judiciary, Page 3

Correct answer: B. When the foreign judgment was not pronounced on the merits, or was rendered by a court without competent jurisdiction, or was obtained by fraud

Section 13 CPC lays down that a foreign judgment shall be conclusive except: (a) where not pronounced on merits; (b) where the proceeding was contrary to natural justice; (c) where founded on a breach of Indian law; (d) where obtained by fraud; (e) where it sustains a claim founded on a breach of any law in force in India; (f) where the court had no competent jurisdiction. The six exceptions in Section 13 represent situations where enforcing the foreign judgment would be contrary to justice, natural law, or public policy. Under Section 44A, a certified copy of a decree of a court in a reciprocating territory can be executed in India as if it were a decree of the Indian court.

Source note: Section 13, 44A, Code of Civil Procedure 1908

Correct answer: B. An order issued by the court which passed the decree to another court which would be competent to execute it, directing that court to attach the property of the judgment debtor

Section 46 CPC provides that the court which passed a decree may, on the application of the decree holder, issue a precept to any other court which would be competent to execute the decree to attach any property belonging to the judgment debtor. The precept operates as an attachment but only for two months unless extended by the issuing court. The purpose is to protect the decree holder's interest by preventing the judgment debtor from alienating property situated within another court's jurisdiction before execution proceedings are transferred there. This provision was specifically tested in the Gujarat Civil Judge 2022 examination.

Source note: Section 46, Code of Civil Procedure 1908

Correct answer: B. The day from which the period is to be reckoned

Section 12(1) of the Limitation Act provides the general rule: in computing the period of limitation for any suit, appeal, or application, the day from which such period is to be reckoned shall be excluded. Section 12(2) is a separate, appeal-specific rule excluding the day of judgment and the time requisite for obtaining the decree, sentence or order appealed from. This question tests the general Section 12(1) exclusion, not the additional certified-copy rule for appeals.

Source note: Section 12, Limitation Act 1963

Correct answer: B. The period of limitation shall not begin to run until the plaintiff has discovered the fraud or mistake, or could with reasonable diligence have discovered it

Section 17 of the Limitation Act provides a protective exception for suits or applications based on fraud or mistake: the limitation period does not begin to run until the plaintiff discovers (or with reasonable diligence could have discovered) the fraud or mistake. This provision prevents the wrongdoer from taking advantage of the concealment of fraud to run out the limitation period. The test is not subjective but objective: whether a person of reasonable diligence would have discovered the fraud. The same principle applies to suits for relief from consequences of a mistake.

Source note: Section 17, Limitation Act 1963

Correct answer: B. The suit, appeal, or application may be instituted, preferred, or made on the day when the court reopens

Section 4 of the Limitation Act provides that where the prescribed period for any suit, appeal, or application expires on a day when the court is closed, the suit, appeal, or application may be instituted, preferred, or made on the day when the court reopens. 'Court closed' includes days when the court is closed due to a holiday, or when the court is unable to receive a plaint or appeal due to causes beyond the plaintiff's control. Section 4 is a mandatory provision and operates without any need for a separate application for condonation of delay.

Source note: Section 4, Limitation Act 1963

Correct answer: B. 15 days

Order XX Rule 6A CPC (inserted by the 2002 amendment) provides that every endeavour shall be made to ensure that the decree is drawn up as expeditiously as possible, and in any case within 15 days from the date on which judgment is pronounced. This provision addresses the practical delay in drawing up decrees after judgments are delivered, which often affects the commencement of limitation periods for execution and appeals. The decree must contain the names and descriptions of parties, particulars of the claim, and the relief granted.

Source note: Order XX Rule 6A, Code of Civil Procedure 1908, as amended 2002

Correct answer: B. The court is satisfied that the judgment debtor has sufficient means to pay the decree amount but refuses or neglects to pay

Order XXI Rule 37 CPC provides that before arresting a judgment debtor in civil execution, the court must issue a notice to the debtor to show cause why he should not be detained in civil prison. The court can only order arrest and detention if satisfied that the debtor has means to pay but refuses or neglects to do so. Section 51 CPC provides that execution by arrest can only be ordered after the court examines the judgment debtor and is satisfied of his ability to pay. This protection prevents imprisonment of genuinely unable debtors and reflects the principle against imprisonment for civil debt.

Source note: Section 51, Order XXI Rule 37, CPC 1908

Correct answer: B. Order XLIII (Appeals from Orders)

Order XLIII Rule 1 CPC provides a list of orders against which an appeal lies. Orders under Order XXXIX Rules 1 and 2 (granting or refusing temporary injunctions) are specifically listed under Order XLIII as appealable. The appeal from such orders is heard by the court to which appeals from the original court lie. As held by the Gujarat Civil Judge Exam 2022, an appeal against an injunction order under Order XXXIX lies under Order XLIII, not under Order XLI which is reserved for appeals from decrees. In urgent cases, courts also consider revision under Section 115, but the proper remedy is an appeal under Order XLIII.

Source note: Order XLIII, Order XXXIX Rules 1-2, CPC 1908

Correct answer: B. The market value of the property or the amount of money claimed

Court fees in suits for money or movable property are computed on the amount of the claim under the Court Fees Act, 1870, read with the Suits Valuation Act, 1887. For money suits, court fee is on the amount claimed. The Suits Valuation Act provides for computation in cases of specific immovable property. Different states have their own court fees legislation, but the general principle is that court fee reflects the value of the suit. The RJS (Rajasthan Judicial Services) examination frequently tests Rajasthan Court Fees and Suits Valuation Act, 1961.

Source note: Court Fees Act 1870; Suits Valuation Act 1887

Correct answer: B. Set-off must be an ascertained sum of money or a legally recoverable sum, and must arise out of the same transaction; counter-claim can be of any nature, even an independent claim unconnected with the plaintiff's suit

Set-off under Order VIII Rule 6 is available in money suits and relates to a sum of money legally recoverable by the defendant from the plaintiff. The amount must be ascertained or capable of ascertainment. A counter-claim under Order VIII Rule 6A is wider: the defendant may claim against the plaintiff any right or relief, whether related to the original suit or not. A counter-claim is essentially a cross-suit within the same proceedings. The Supreme Court has held that a counter-claim is treated as a plaint in a cross-suit and must disclose a cause of action independently of the original suit.

Source note: Order VIII Rules 6 and 6A, Code of Civil Procedure 1908

Correct answer: B. From one civil court to any other court of equal or superior jurisdiction subordinate to it, or transfer to itself

Section 24 CPC confers general power of transfer on the High Court and District Court. The High Court may transfer any suit, appeal, or proceeding from one civil court to any other civil court of equal or superior jurisdiction subordinate to it, or withdraw it to itself. Transfer is justified on grounds such as: convenience of parties, apprehension of denial of justice, balance of convenience, and similarity of issues between transferred and existing cases. The power is discretionary and must be exercised judiciously. It does not require consent of all parties but typically notice is given to parties before transfer.

Source note: Section 24, Code of Civil Procedure 1908

Correct answer: B. It is deemed to be a decree of the civil court and is final and binding, executable as such, and is not appealable

Under Section 21 of the Legal Services Authorities Act, 1987, an award made by a Lok Adalat is deemed to be a decree of a civil court and shall be final and binding on the parties. No appeal shall lie to any court from such an award. The award can be executed through the civil court. The great advantage is that court fees paid are refunded when a settlement is reached through Lok Adalat. This makes Lok Adalat an attractive forum for disposal of pending cases and settlement of pre-litigation disputes.

Source note: Section 89 CPC; Section 21, Legal Services Authorities Act 1987

Correct answer: B. The plaintiff, unless the defendant admits the facts alleged by the plaintiff and the burden of proving the whole case is on the defendant

Order XVIII Rule 1 CPC provides that the plaintiff has the right to begin unless the defendant admits the facts alleged by the plaintiff and the burden of proof is on the defendant to establish his defence. The plaintiff presents his case first, examines his witnesses, and then the defendant has an opportunity. After the plaintiff's evidence, the defendant leads his evidence. The plaintiff then has a right of reply. This sequence reflects the general principle that the person making an assertion bears the burden of proving it, and the plaintiff, as the asserting party, must first establish his case.

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

Correct answer: C. Two months notice

Section 80 CPC mandates that no suit shall be instituted against the Government or a public officer in respect of any act purporting to be done by such public officer in his official capacity until the expiry of two months next after notice in writing has been delivered or left at the office of the appropriate authority. The notice must state the cause of action, the relief claimed, and the name and place of residence of the plaintiff. The object is to give the government an opportunity to settle the claim or prepare its defence. Non-compliance with Section 80 is not a ground for dismissal but may affect costs and the court's approach to costs.

Source note: Section 80, Code of Civil Procedure 1908

Correct answer: A. Section 10 deals with pending suits while Section 11 deals with decided suits

The fundamental distinction between Section 10 and Section 11 CPC is temporal: Section 10 (res subjudice) applies when the matter is pending in a previously instituted suit that has not yet been decided, staying the trial of the later suit. Section 11 (res judicata) applies when the matter has already been finally decided in the former suit, creating a perpetual bar against re-litigating it. Section 10 prevents simultaneous trials; Section 11 prevents all future trials. If the first suit is pending, Section 10 operates; once decided, Section 11 operates in subsequent proceedings. The test is whether a final decision on the merits has been rendered.

Source note: Sections 10 and 11, Code of Civil Procedure 1908

Correct answer: B. Ordinarily enforced except where the contract cannot be specifically performed or falls within defined exceptions

The Specific Relief (Amendment) Act, 2018 fundamentally changed the nature of specific performance from a discretionary remedy to an ordinarily available remedy. Before the amendment, Section 10 was discretionary. After the 2018 amendment, the court shall enforce specific performance of a contract unless: the terms are not certain enough, the contract is revocable, conditions under Sections 11, 14, and 16 are attracted, or the contract is of a nature that enforcement would be inequitable. This change was made to promote infrastructure projects and commercial certainty.

Source note: Section 10, Specific Relief Act 1963 as amended by Specific Relief (Amendment) Act 2018

Correct answer: B. Contracts for personal service where enforcement requires continuous supervision or involves purely personal skill

Section 14 of the Specific Relief Act provides that specific performance cannot be enforced in favour of a party who has not performed or is not prepared to perform the contract. Section 14(1)(a) excludes contracts where compensation in money provides adequate relief. Section 14(3) specifically excludes contracts for personal service requiring continuous court supervision or involving personal skill of a specific individual. The post-2018 Act Section 14 focuses on narrow exceptions, whereas pre-2018, courts had wide discretion to refuse specific performance. Contracts involving personal services, artistic work, or where court cannot supervise compliance are not specifically enforceable.

Source note: Section 14, Specific Relief Act 1963

Correct answer: B. A right of the injured party to have the contract performed by a third party at the cost of the party in default

Section 20 of the Specific Relief Act (inserted by the 2018 Amendment) introduces the concept of 'Substituted Performance.' Where a contract is broken, the party who suffers from such breach can, after giving reasonable notice to the defaulting party and at the cost of the defaulting party, get the contract performed by a third person or his own agency. This remedy is an alternative to specific performance and provides a practical remedy for breach of contract without requiring court supervision. The aggrieved party must give written notice of 30 days before resorting to substituted performance.

Source note: Section 20, Specific Relief Act 1963 as inserted by 2018 Amendment

Correct answer: C. Prescribed Authority under the Act

Under the Rajasthan Agricultural Credit Operations (Removal of Difficulties) Act, 1974, banks can recover dues from agriculturists through the prescribed authority under the Act, which is a simplified recovery mechanism outside the ordinary CPC framework. This special legislation was enacted to facilitate agricultural credit recovery without the delays associated with ordinary civil suits. The prescribed authority typically is a Tehsildar or equivalent revenue officer. The RJS 2015 examination tested this provision, and it reflects the importance of knowing state-specific legislation for state judicial service examinations.

Source note: Rajasthan Agricultural Credit Operations (Removal of Difficulties) Act 1974; RJS 2015

Correct answer: B. Pension granted by the Government to a civilian employee

Section 60 CPC provides a list of properties liable to attachment and sale, and also lists exceptions. Pensions granted by the Government (whether civil, military, or Navy) are exempt from attachment and sale under Section 60(1)(g) because they are granted as a matter of grace and public policy to maintain the dignity of former servants of the state. Agricultural produce can be attached. Shares, immovable property, and business property are all attachable. The exemptions under Section 60 are strictly construed as they are in the nature of exceptions to the general rule.

Source note: Section 60, Code of Civil Procedure 1908

Correct answer: B. The court is satisfied that despite efforts, the summons cannot be served in the ordinary manner because the defendant is avoiding service or cannot be found

Order V Rule 17 CPC provides for substituted service (by affixing a copy of the summons on the outer door of the defendant's last known residence or business) when the court is satisfied that the defendant is purposely evading service or that for any other reason summons cannot be served in the ordinary way. The court may also order publication in a newspaper. Deemed service under Order V Rule 20 provides that where summons has been sent by registered post and is refused by the defendant, or the cover is returned unserved after 30 days, the court may deem service effective.

Source note: Order V Rules 17 and 20, Code of Civil Procedure 1908

Correct answer: D. Imprisonment of the decree holder if he fails to provide security for costs

Section 51 CPC provides for the following modes of execution: (a) by delivery of any property specifically decreed; (b) by attachment and sale or sale without attachment; (c) by arrest and detention in civil prison; (d) by appointing a receiver; (e) in such other manner as the nature of the relief granted may require. The imprisonment of the decree holder for failing to provide security for costs is not a mode of executing a decree; rather, it relates to security for costs in pending proceedings. Execution is the process of enforcing the decree against the judgment debtor, not against the decree holder.

Source note: Section 51, Code of Civil Procedure 1908

Correct answer: B. Resides or has property in the local limits of another court's jurisdiction

Order XXI Rule 3 CPC provides that a decree may be sent to another court for execution when the judgment debtor actually or voluntarily resides, carries on business, or personally works for gain within the local limits of such other court's jurisdiction, or has property within those limits. The court receiving the decree for execution (transferee court) has the same powers as if the decree had been passed by it. This provision enables efficient execution without requiring the decree holder to travel to the original court, which may be far from where the judgment debtor's assets are located.

Source note: Order XXI Rule 3, Code of Civil Procedure 1908