Code of Civil Procedure 1908 MCQs for Judiciary, Page 4

Correct answer: B. Is available at any time and may enlarge time fixed by order or law to a maximum of 30 days per extension

Section 148 CPC provides that where any period is fixed or granted by the court for the doing of any act prescribed or allowed by the Code, the court may, in its discretion, from time to time enlarge such period, not exceeding 30 days in total. The power is discretionary and can be exercised even after the expiry of the period, subject to the court's satisfaction that there is good cause for extension. However, where the law or the rules set a mandatory time limit (like the 90-day outer limit for written statements under Order VIII), Section 148 cannot override those specific mandatory provisions.

Source note: Section 148, Code of Civil Procedure 1908

Correct answer: B. Order attachment of property of the disobeying party and detention in civil prison for up to three months

Order XXXIX Rule 2A CPC provides specific consequences for disobedience of or breach of a temporary injunction: (1) the court may order attachment of property of the guilty party; (2) the court may also order detention in civil prison for a period not exceeding three months. The attachment shall not remain in force for more than one year, after which the attached property may be sold to compensate the innocent party. Order XXXIX Rule 2A provides a self-contained enforcement mechanism within the CPC framework without needing to invoke the general contempt jurisdiction under the Contempt of Courts Act.

Source note: Order XXXIX Rule 2A, Code of Civil Procedure 1908

Correct answer: B. Sufficient cause for his non-appearance on the day of dismissal

Order IX Rule 4 CPC provides that where a suit has been dismissed for plaintiff's failure to appear, the plaintiff may apply for an order to set aside the dismissal. The court shall set aside the dismissal if satisfied that there was sufficient cause for the non-appearance. The application must be filed within the prescribed period of limitation (Article 122 of the Schedule to the Limitation Act: 30 days from knowledge of dismissal). 'Sufficient cause' is interpreted liberally as per the principle that procedural rules should serve substantive justice. The fresh date is then fixed for hearing and the suit is restored to its original position.

Source note: Order IX Rule 4, Code of Civil Procedure 1908

Correct answer: B. A next friend (when suing) or a guardian ad litem (when sued), appointed by the court

Order XXXII CPC requires that every suit by or against a minor be represented through a specific person. When a minor sues, he must sue through a 'next friend.' When a minor is sued, the court must appoint a 'guardian for the suit' (guardian ad litem). A natural guardian is not automatically the representative; the court must formally appoint the guardian for the suit when the minor is a defendant, to ensure that the minor's interests are independently protected from any conflict with the natural guardian's interests. Any decree passed against a minor without a properly appointed guardian is void.

Source note: Order XXXII, Code of Civil Procedure 1908

Correct answer: B. An agreed statement of facts submitted to the court by parties agreeing that the court shall decide the question of law arising from those facts without a full trial

Order XXXVI CPC provides for Special Case procedure where parties agree to state facts and submit them to a court to determine the legal rights arising from those facts. This is akin to a 'case stated' procedure in English law. The parties agree on facts, draft a special case setting out those agreed facts, and submit it for the court's opinion on the legal questions. There is no trial, no examination of witnesses. The procedure is used where legal questions are clear and only the court's determination on law is needed. It saves time and cost while providing binding judicial determination.

Source note: Order XXXVI, Code of Civil Procedure 1908

Correct answer: B. Presenting a plaint to the court or to such officer as it appoints in this behalf

Order IV Rule 1 CPC provides that every suit shall be instituted by the presentation of a plaint or in such other manner as may be prescribed. The plaint is presented to the court or the officer appointed for the purpose of receiving plaints. On presentation, the court records the date and number allocated to the suit. The filing of the plaint gives rise to the suit and determines the date from which limitation ceases to run. Under Order VII, the plaint must contain specific particulars including the name and description of parties, facts constituting the cause of action, relief claimed, and the value of the subject matter.

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

Correct answer: B. Section 151 can be invoked only when no specific provision of the CPC applies to the situation, while Order XXXIX is invoked when the conditions of that Order are satisfied

Section 151 CPC saves the inherent power of courts to make such orders as may be necessary for the ends of justice or to prevent abuse of process. The inherent power is a residuary power that fills gaps where the CPC has not expressly provided. Where the CPC provides an express remedy (like Order XXXIX for injunctions), the inherent power under Section 151 is not to be invoked merely because the party has failed to satisfy the conditions of Order XXXIX. As clarified in Manohar Lal v. Seth Hira Lal, the inherent power is a supplement to the express powers, not a tool to bypass the conditions imposed by those express powers.

Source note: Section 151 and Order XXXIX, Code of Civil Procedure 1908; Manohar Lal v. Seth Hira Lal AIR 1962 SC 527

Correct answer: C. A suit for recovery of a debt or damages arising from a simple contract

Small Cause Courts have jurisdiction to hear and decide suits relating to recovery of money arising from simple contracts, bills, notes, etc., subject to pecuniary limits. They are NOT competent to hear: suits for dissolution of partnership, administration of estate, divorce, specific performance of contracts, rectification or cancellation of instruments, suits involving title to immovable property. The limited jurisdiction of Small Cause Courts is designed to provide quick disposal of simple money claims without the formalities of an ordinary civil court.

Source note: Provincial Small Cause Courts Act 1887; Order 49 CPC

Correct answer: B. When the plaintiff is a foreigner or has no sufficient immovable property within the jurisdiction, or there is reason to believe the suit is frivolous or vexatious

Order XXV Rule 1 CPC allows the court to require the plaintiff to give security for payment of all costs incurred or likely to be incurred by the defendant in specified circumstances: (a) the plaintiff resides outside India and has no sufficient immovable property within India; (b) it appears that the suit is vexatious or frivolous. If the plaintiff fails to provide the required security, the suit may be dismissed. This provision is a safeguard against frivolous litigation and protects defendants from incurring costs in unjustified suits.

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

Correct answer: B. To enable the court to fix a time schedule for completion of pleadings, framing of issues, exchange of documents, and fixing a trial date to ensure expeditious disposal

Order XV-A CPC, inserted by the Commercial Courts Act 2018, provides for case management hearings specifically for commercial disputes. At the case management hearing, the court fixes a detailed schedule including: final date for completion of pleadings, date for first case management hearing, dates for examination of witnesses, and date for pronouncing judgment. The object is to impose strict time discipline on commercial disputes to ensure they are decided within one year of the first case management hearing. Courts have the power to impose costs for non-compliance with the schedule.

Source note: Order XV-A, CPC 1908 (as inserted by Commercial Courts Amendment Act 2018)

Correct answer: B. The date of the part payment, provided the payment is made before limitation expires and is either made by the debtor or acknowledged by him in writing

Section 19 of the Limitation Act provides that where payment on account of a debt is made before the limitation period expires, a fresh limitation period commences from the date of payment. The payment must be made by the person liable or his duly authorised agent. Unlike Section 18 (acknowledgment in writing), a payment of part of principal or interest does not need to be in writing to operate under Section 19, but it must actually be paid. An oral acknowledgment does not extend limitation, but an actual payment (which can be proved by any evidence) does extend it.

Source note: Section 19, Limitation Act 1963

Correct answer: B. At any stage of the suit, as a condition of granting any adjournment, on any party who has caused delay or resisted the progress of the case

Section 35B CPC was inserted in 1976 to discourage dilatory tactics in civil courts. The court may impose costs at any stage on a party whose conduct has caused delay or delayed the progress of the case. Such costs are called 'compensatory costs for causing delay' and may be imposed as a condition for granting an adjournment. Section 35B costs must be paid before the adjournment is allowed, failing which the adjournment may be refused. This provision makes delay in litigation expensive for the party responsible, aligning incentives toward expeditious disposal.

Source note: Section 35B, Code of Civil Procedure 1908

Correct answer: B. An order rejecting a plaint under Order VII Rule 11

The proviso to Section 2(2) CPC specifically includes rejection of a plaint under Order VII Rule 11 within the definition of 'decree.' This is a deliberate statutory inclusion because rejection of a plaint finally terminates the suit proceedings even though it does not adjudicate the merits of the claim. Without this specific inclusion, such an order might be classified as a mere order, which would restrict the remedy available to the plaintiff. Since it is a 'decree,' the plaintiff has a right of first appeal under Section 96 CPC. The other options (orders under Section 10, refusal to frame issues, or dismissal for non-payment) are not specifically included in the definition.

Source note: Proviso to Section 2(2), Code of Civil Procedure 1908

Correct answer: B. A concise statement of the case, the points for determination, the decision thereon, and the reasons for such decision

Order XX Rule 4 CPC prescribes the mandatory contents of a judgment: (a) a concise statement of the case; (b) the points for determination; (c) the decision on those points; and (d) the reasons for the decision. The requirement of reasons is fundamental to the rule of law: it enables the appellate court to scrutinise the trial court's reasoning, ensures judicial accountability, and prevents arbitrary decisions. A judgment without reasons is legally deficient and can be set aside on appeal for non-compliance. The requirement is not merely procedural; reasoned decisions are a constitutional imperative flowing from Articles 14 and 21.

Source note: Order XX Rule 4, Code of Civil Procedure 1908

Correct answer: B. A person who in law represents the estate of a deceased person, including an executor, administrator, heir, or any person who intermeddles with the estate of the deceased

Section 2(11) CPC defines 'legal representative' as a person who in law represents the estate of a deceased person, including a person who intermeddles with the estate of the deceased and where a party sues or is sued in a representative character, the person on whom the character devolves on his death. The definition is wide: it includes executors, administrators, heirs, and even intermeddlers who manage the estate without formal appointment. The Supreme Court has held that this definition does not require a formal legal status such as probate; any person who manages the deceased's estate comes within the definition for purposes of bringing or continuing suits under Order XXII CPC.

Source note: Section 2(11), Code of Civil Procedure 1908

Correct answer: B. From allegations in pleadings or in answers to interrogatories or in written statements, from documents produced in evidence, and from the contents of documents referred to in the pleadings

Order XIV Rule 1(3) CPC prescribes that the materials from which issues may arise are: allegations made on oath by the parties or any person present on their behalf; allegations in the pleadings or in answers to interrogatories or in written statements; documents produced at that stage. The court examines these materials at the first hearing to identify what is actually in dispute between the parties. Proper framing of issues is critical because the parties lead evidence only on framed issues, and findings on unframed issues are generally not considered. If an important issue is not framed, the court can exercise its power under Order XIV Rule 5 to amend or frame additional issues at any time before the passing of the decree.

Source note: Order XIV Rule 1(3), Code of Civil Procedure 1908

Correct answer: B. To distribute judicial work evenly across all levels of courts and to prevent unnecessary overburdening of superior courts with cases that inferior courts can adequately handle

Section 15 CPC embodies the principle of economy of judicial resources: every suit must be filed in the lowest court that has competence to try it. This prevents plaintiffs from choosing superior courts for the prestige or convenience while inferior courts can adequately handle the matter. Competence here means both pecuniary and subject-matter jurisdiction. A suit filed in a higher court when a lower court had jurisdiction is not void (jurisdiction is not ousted by non-compliance with Section 15) but is an irregularity. The underlying policy is that superior courts should deal with matters beyond the competence of inferior courts, not merely handle cases that inferior courts could have decided.

Source note: Section 15, Code of Civil Procedure 1908

Correct answer: B. Can operate as res judicata in subsequent suits if that court was competent to try the subsequent suit or the issue raised in it, irrespective of the limited nature of its jurisdiction

Explanation VIII to Section 11 CPC provides that the decision of a court of limited jurisdiction shall operate as res judicata as if the court had jurisdiction to try the suit in which such issue is subsequently raised, if that court was competent to try the subsequent suit or the suit in which such issue has been raised. This means a decision of a Rent Controller, Small Cause Court, or Revenue Court on an issue within its jurisdiction can bar re-litigation of the same issue in a subsequent proceeding. The res judicata effect is not limited to courts of full civil jurisdiction but extends to any court or tribunal that was competent to adjudicate the specific issue.

Source note: Explanation VIII, Section 11, Code of Civil Procedure 1908

Correct answer: B. Directly in issue means it was the principal matter for determination in the former suit; substantially in issue means that though not the sole matter it was sufficiently central that the court's decision on it was necessary to decide the case

The phrase 'directly and substantially in issue' in Section 11 CPC is a composite test. 'Directly in issue' means the matter was put in issue as the main controversy, as distinguished from a collateral or incidental matter. 'Substantially in issue' means the matter was sufficiently central that the decision on it was not merely ancillary but decisive or material to the outcome. The Supreme Court in State Bank of India v. S.N. Goyal (2008) has clarified that both conditions must be satisfied; a matter that was only tangentially involved in the former suit does not bar re-litigation under Section 11. Collateral findings do not create res judicata.

Source note: Section 11, Code of Civil Procedure 1908; State Bank of India v. S.N. Goyal (2008)

Correct answer: B. May be filed in the court within whose local limits any portion of the property is situated, subject to the court having jurisdiction over the value of the entire relief claimed

The proviso to Section 17 CPC (read with Section 16) provides that where immovable property is situated within the jurisdiction of different courts and any one of those courts has jurisdiction with respect to the value of the entire suit, the plaintiff may institute the suit in any one of those courts. The practical implication is that parties need not file multiple suits for different parcels of property; they may choose any court that has territorial jurisdiction over part of the property and pecuniary jurisdiction over the entire claim. This prevents inconvenient splitting of property litigation.

Source note: Sections 16-17, Code of Civil Procedure 1908

Correct answer: B. Unnecessary, scandalous, frivolous, or vexatious, or tends to prejudice, embarrass, or delay the fair trial of the suit, or is otherwise an abuse of the process of the court

Order VI Rule 16 CPC gives the court power to strike out or amend any matter in a pleading which is: (a) unnecessary; (b) scandalous; (c) frivolous or vexatious; (d) tends to prejudice, embarrass, or delay the fair trial; or (e) is otherwise an abuse of process. The purpose is to keep pleadings focused on the real dispute and prevent parties from using litigation as an instrument of harassment. The court can act suo motu or on application. Striking out is distinct from rejection of the entire plaint under Order VII Rule 11; it merely removes offending portions while the rest of the pleading survives.

Source note: Order VI Rule 16, Code of Civil Procedure 1908

Correct answer: B. The court lacks jurisdiction to entertain the suit and the plaint should be presented to the proper court; the plaint is returned with an endorsement of the reason for return and the date of presentation

Order VII Rule 10 CPC provides that a plaint shall be returned for presentation to the proper court if it appears that the suit should have been instituted in another court. The court endorses on the plaint: (a) the date of presentation; (b) the date of return; (c) the name of the plaintiff and his advocate; (d) a brief statement of the reason for return. This return is not a dismissal; the plaintiff can re-file in the proper court. The return of plaint preserves the plaintiff's right to institute the suit in the correct court. After the Civil Procedure Code (Amendment) Act, 2002, the provision was modified to allow the court to make endorsements enabling the plaintiff to file in the proper court.

Source note: Order VII Rule 10, Code of Civil Procedure 1908

Correct answer: A. 30 days from service of summons, extendable by the court to a maximum of 90 days for sufficient cause

Order VIII Rule 1 CPC (as amended in 2002) provides that the defendant shall present his written statement of defence within 30 days from the date of service of summons. The court may extend this period at its discretion, but the total period shall not exceed 90 days. The 90-day outer limit was introduced as a mandatory cap by the 2002 amendment, which also made the outer limit non-extendable. If a written statement is not filed within 90 days the court proceeds under Order VIII Rule 10, which allows the court to pronounce judgment against the defendant or make such other order as it thinks fit. The 90-day cap is not merely directory but operates as a strict outer limit.

Source note: Order VIII Rule 1, Code of Civil Procedure 1908 (as amended 2002)