Free Civil Law MCQs with Answers

912 Civil Law MCQs from Law and Constitution, each with the correct answer and a written explanation of why it is correct. Free and unlimited, with no account needed.

Civil law governs disputes involving private rights, including contracts, property, family relations, torts and compensation. The subject explains breach of duty, civil liability, damages, specific relief, injunctions and other remedies, while distinguishing private claims between individuals from criminal proceedings brought to punish offences against the state.

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912 questions · page 27 of 46

  • A. Order XLV, Rule 8, of C.P.C.
  • B. Order XLV, Rule 9, of C.P.C.
  • C. Order XLV, Rule 10, of C.P.C.
  • D. None of the these

Explanation: Order XLV Rule 8 sets out the procedure concerning admission of an appeal to the Supreme Court.

Correct answer: Order XLV, Rule 8, of C.P.C.
  • A. Discretion of party to obtain
  • B. Mandatory for the party to obtain
  • C. None of the above
  • D. None of the these

Explanation: Under the CPC procedure for an appeal to the Supreme Court, the required certificate from the court whose decree is challenged is a…

Correct answer: Mandatory for the party to obtain
  • A. High Court
  • B. Supreme Court
  • C. Revenue Court
  • D. None of the these

Explanation: Order XLV specifically regulates civil appeals to the Supreme Court, including the certificate, security and admission of such appeals.

Correct answer: Supreme Court
  • A. Peuper appeal
  • B. Special appeals
  • C. Appeals against foreign judgment
  • D. None of the these

Explanation: Order XLIV deals with appeals by paupers, meaning persons permitted to appeal without initially paying the required court fee because of…

Correct answer: Peuper appeal
  • A. Revisable
  • B. Reviewable
  • C. Appealable
  • D. None of the these

Explanation: An order rejecting an application under Order IX Rule 9 to restore a dismissed suit is expressly appealable under Order XLIII Rule 1(c).

Correct answer: Appealable
  • A. 23
  • B. 24
  • C. 25
  • D. None of the these

Explanation: Order XLIII Rule 1 enumerates 23 categories of orders from which an appeal lies.

Correct answer: 23
  • A. O. XLI, Rule 28
  • B. O. XLI, Rule 29
  • C. O. XLI, Rule 29A
  • D. None of the these

Explanation: Order XLI Rule 27 governs when additional evidence may be admitted in appeal, while Rule 28 prescribes the method of taking or recording…

Correct answer: O. XLI, Rule 28
  • A. With recording or submission of additional evidence
  • B. Dismissal of suit after recording additional evidence
  • C. None of the above
  • D. None of the these

Explanation: Order XLI Rule 27 empowers the appellate court to admit additional evidence itself or direct that it be recorded by another court.

Correct answer: With recording or submission of additional evidence
  • A. Statutory
  • B. Discretionary
  • C. Procedural
  • D. None of the these

Explanation: Remand is exercised under the statutory framework of Order XLI, but the word “may” makes its exercise discretionary rather than automatic.

Correct answer: Discretionary
  • A. Order XLI, R. 18, of C.P.C.
  • B. Order XLI, R. 19, of C.P.C
  • C. Order XLI, R. 20, of C.P.C.
  • D. None of the these

Explanation: Order XLI Rule 19 permits readmission of an appeal dismissed under Rule 11 or Rule 17 when sufficient cause for the appellant’s absence or…

Correct answer: Order XLI, R. 19, of C.P.C
  • A. High Court
  • B. The Court from whose decree the appeal is referred
  • C. None of the above
  • D. None of the these

Explanation: Unless the appeal is dismissed at the preliminary hearing under Rule 11, notice of the appeal is sent to the court whose decree is under…

Correct answer: The Court from whose decree the appeal is referred
  • A. Rule 9 of C.P.C.
  • B. 10 of C.P.C.
  • C. 11 of C.P.C.
  • D. None of the these

Explanation: Order XLI Rule 11 allows the appellate court to dismiss an appeal at the preliminary hearing without sending notice to the court from…

Correct answer: 11 of C.P.C.
  • A. Send report regarding appeal to High Court
  • B. Shall endorse thereon the date of presentation and shell register the appeal
  • C. Shall serve notices upon respondents
  • D. None of the these

Explanation: Under Order XLI Rule 9, once the memorandum of appeal is admitted, the date of presentation is endorsed on it and the appeal is entered in…

Correct answer: Shall endorse thereon the date of presentation and shell register the appeal
  • A. Stay of suit by Trial Court
  • B. Stay of execution by Appellate Court
  • C. Stay of any order
  • D. None of the these

Explanation: Order XLI Rule 5(1) concerns stay of execution of the decree by the appellate court.

Correct answer: Stay of execution by Appellate Court
  • A. 30
  • B. 37
  • C. 44
  • D. None of the these

Explanation: Order XLI, dealing with appeals from original decrees, contains Rules 1 to 37.

Correct answer: 37
  • A. Salary
  • B. Commission
  • C. Remuneration
  • D. None of the these

Explanation: The payment fixed for a receiver’s services is called remuneration, while salary and commission are not the terminology used in Order XL.

Correct answer: Remuneration
  • A. 3
  • B. 4
  • C. 5
  • D. None of the these

Explanation: Order XL, concerning receivers, contains five rules, covering appointment, remuneration, duties, enforcement of duties, and appointment of…

Correct answer: 5
  • A. On its own discretion
  • B. On application of any party
  • C. On instruction of Court officer
  • D. None of the these

Explanation: Order XXXIX Rule 7 authorizes the court to make an interlocutory order for detention, preservation, inspection, or related purposes on the…

Correct answer: On application of any party
  • A. Permanent injunction
  • B. Interlocutory orders
  • C. Final orders
  • D. None of the these

Explanation: Order XXXIX Rules 6 to 10 deal with interlocutory orders, including detention, preservation, inspection, and delivery of property.

Correct answer: Interlocutory orders
  • A. Extention of injuctive order
  • B. Discharge or setting aside of injunctive order
  • C. Costs upon defendant
  • D. None of the these

Explanation: Order XXXIX, Rule 4 empowers the court to discharge, vary or set aside an injunction.

Correct answer: Discharge or setting aside of injunctive order