All Free Law and Constitution MCQs with Answers
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2,940 questions · page 40 of 147
- A. Passing of temporary injunction
- B. Passing of interlocutory orders
- C. Both A and B
- D. None of the these
Explanation: The heading of Order XXXIX is “Temporary Injunctions and Interlocutory Orders,” so it covers both subjects rather than temporary…
Correct answer: Both A and B- A. Security of defendant for appearance
- B. Security of plaintiff for appearance
- C. None of the above
- D. None of the these
Explanation: Order XXXVIII, Rule 1 allows the court to require security for the defendant’s appearance when there is a risk that the defendant may…
Correct answer: Security of defendant for appearance- A. Order XXXVII,
- B. Order XXXVIII,
- C. Order XXXIX,
- D. Non of these
Explanation: Order XXXVIII deals with arrest and attachment before judgment. Order XXXVII, by contrast, governs summary procedure, while Order XXXIX…
Correct answer: Order XXXVIII,- A. Shall proceed further proceedings
- B. Shall reject the suit
- C. Shall decree the suit
- D. None of the these
Explanation: In a summary suit, refusal of leave to defend means the defendant cannot contest the claim under the summary procedure, so the court…
Correct answer: Shall decree the suit785. In summary case when defendant appear before Court after receiving summon he needs________________?
- A. To submit written reply
- B. None of the these
- C. To surrender
- D. Leave of Court to defend the suit
Explanation: Appearance alone does not allow the defendant to contest a summary suit; the defendant must obtain the court’s leave to defend under Order…
Correct answer: Leave of Court to defend the suit- A. Special cases on negotiable instruments
- B. Summary cases on negotiable instruments
- C. Ordinary cases on negotiable instruments
- D. None of the these
Explanation: Order XXXVII provides a summary procedure for suits on negotiable instruments and certain other specified claims, allowing judgment…
Correct answer: Summary cases on negotiable instruments- A. Case of routine matter
- B. Case of pecuniary matter
- C. Case of special nature
- D. None of the these
Explanation: A case submitted by interested parties to obtain the Court’s opinion on a question of fact or law is called a special case under Order…
Correct answer: Case of special nature- A. Average cases
- B. None of the these
- C. Urgent cases
- D. Special cases
Explanation: Order XXXVI of the Code of Civil Procedure deals with special cases, in which parties agree to place a stated question of fact or law…
Correct answer: Special cases- A. That there is no collusion between the plaintiff and any of the defendant
- B. Both A and B
- C. None of the these
Explanation: An interpleader plaint must state both that the plaintiff claims no interest in the disputed subject matter except charges or costs and…
Correct answer: Both A and B- A. Mortgage suits
- B. Service matters suits
- C. Interpleader suits
- D. None of the these
Explanation: Order XXXV governs interpleader suits, where a neutral stakeholder asks the Court to determine which competing claimant is entitled to the…
Correct answer: Interpleader suits- A. Preliminary
- B. None of the these
- C. Both A and B
- D. Final
Explanation: Order XXXIV Rule 3 specifically concerns the final decree in a foreclosure suit, following the earlier preliminary decree and the period…
Correct answer: Final- A. In a suit relating to mortagage
- B. In mortgage document
- C. None of the above
- D. None of the these
Explanation: Persons interested in the mortgage security or in the right of redemption must be joined as parties to a suit relating to the mortgage.
Correct answer: In a suit relating to mortagage793. The Order__________________ of C.P.C. deals with suits relating to mortgages of immovable property ?
- A. XXXIII-A,
- B. XXXIII-B,
- C. XXXIV,
- D. None of the these
Explanation: Order XXXIV deals with suits relating to mortgages of immovable property, including foreclosure, sale, and redemption proceedings.
Correct answer: XXXIV,- A. 2
- B. None of the these
- C. 4
- D. 3
Explanation: Order XXXIII Rule 9 recognises three principal grounds for dispaupering, including vexatious or improper conduct, acquisition of…
Correct answer: 3- A. Appraisal, belongings
- B. Moveable, immovable property
- C. Both (a) and (b)
- D. None of the these
Explanation: A pauper’s application must give particulars of the applicant’s movable and immovable property, including its estimated value, so the…
Correct answer: Both (a) and (b)- A. Next friend of the minor
- B. Both (a) and (b)
- C. Defendant of the suit
- D. None of the these
Explanation: When a minor co-plaintiff becomes major and seeks removal of his name, notice must be given to both the next friend and the defendant…
Correct answer: Both (a) and (b)- A. Both (a) and (b)
- B. Stayed until the minor became major
- C. Stayed until new guardian or next friend is appointed
- D. None of the these
Explanation: If a next friend retires, is removed, or dies, proceedings are stayed until a new next friend or guardian is appointed to represent the…
Correct answer: Stayed until new guardian or next friend is appointed- A. None of the these
- B. That the person must be prestigious
- C. That the person must be highly qualified
- D. That the person must be major and sound minded
Explanation: A next friend must be a major of sound mind and must not have an interest adverse to the minor.
Correct answer: That the person must be major and sound minded- A. Next friend
- B. Friend
- C. None of the above
- D. None of the these
Explanation: A minor cannot ordinarily institute a suit personally, so the suit is brought in the minor’s name through a major representative called…
Correct answer: Next friend- A. Order XXX of C.P.C
- B. Order XXXI of C.P.C
- C. Order XXXII of C.P.C
- D. None of the these
Explanation: Order XXXII governs suits involving minors, including suits by minors and the appointment and duties of their next friends or guardians.
Correct answer: Order XXXII of C.P.C