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 suit
  • 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 mortagage
  • 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