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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 37 of 46

721. As per Rule 2, of Order XLV-A, the Rule ___________ shall apply mutatis mutandis to execution of to the execution of decree or order for cost passed by Federal Court in appeal from High Court ?

  • A. 10 Order XLV of C.P.C.
  • B. 16 Order XLV of C.P.C.
  • C. 18 Order XLV of C.P.C.
  • D. None of the these

Explanation: Order XLV-A, Rule 2 specifically adopts Rule 16 of Order XLV, so far as applicable, for executing a decree or costs order passed by the…

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Correct answer: 16 Order XLV of C.P.C.

722. Order____________, of C.P.C. deals with execution of order of Federal Court?

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

Explanation: Order XLV-A contains the special provisions concerning appeals to and execution of decrees or orders of the Federal Court.

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Correct answer: Order XLV-A

723. An appeal can not be admitted in Supreme Court until the appellant ?

  • A. Signed the relevant documents as provided in R. 7, O. XLV of C.P.C.
  • B. The appellant submit or deposit security so required as provided in R. 7, O. XLV, of C.P.C.
  • C. Both A and B
  • D. None of the these

Explanation: Under Order XLV, Rule 7, the appellant must furnish the required security and make the prescribed deposit before the appeal can proceed to…

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Correct answer: The appellant submit or deposit security so required as provided in R. 7, O. XLV, of C.P.C.

724. Inder Order XLV, Rule 2, whoever desires to appeal to Supreme Court shall apply by the petition to _______________ for issuance of certificate?

  • A. High Court
  • B. To Supreme Court
  • C. To the Court whose decree is complained of
  • D. None of the these

Explanation: The certificate application is made to the court whose decree is being challenged, because that court first determines whether the appeal…

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Correct answer: To the Court whose decree is complained of

725. Order XLIV, of C.P.C. contains __________________ Rules?

  • A. 2
  • B. 4
  • C. 6
  • D. None of the these

Explanation: Order XLIV, dealing with appeals by indigent persons, contains two rules: the application procedure and the inquiry into the applicant’s…

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Correct answer: 2

726. Where an appeal against an order is preferred during the pendency of the suit the appellant shall before presenting the appeal give notice to the respondents as provided in__________________?

  • A. O. XLIII, R. 3
  • B. O. XLIII, R. 4
  • C. O. XLIII, R. 5
  • D. None of the these

Explanation: Order XLIII, Rule 3 requires notice to the respondents before an appeal against an order is presented while the suit is pending.

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Correct answer: O. XLIII, R. 3

727. An order under Rule 10, Order VIII, pronouncing judgment against a party is ________________?

  • A. Reviewable
  • B. Revisable
  • C. Appealable
  • D. None of the these

Explanation: Order XLIII, Rule 1(b) makes an order under Order VIII, Rule 10 appealable.

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Correct answer: Appealable

728. An order of returning plaint under O. 7, Rule 10, of C.P.C is_________________?

  • A. None appealable
  • B. Appealable as provided in O. XLIII rule 1
  • C. Revisionable
  • D. None of the these

Explanation: An order returning a plaint under Order VII, Rule 10 is expressly appealable under Order XLIII, Rule 1(a).

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Correct answer: Appealable as provided in O. XLIII rule 1

729. The Orders from which appeal shall lies are dealt by_________________?

  • A. Order XLI, of C.P.C.
  • B. Order XLII, of C.P.C.
  • C. Order XLIII, of C.P.C.
  • D. None of the these

Explanation: Order XLI governs appeals from decrees, Order XLII deals with second appeals, and Order XLIII specifically lists appealable orders.

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Correct answer: Order XLIII, of C.P.C.

730. Which Order of C.P.C from the following deals with appeals from appellate decrees______________?

  • A. Order XLI
  • B. Order XLII
  • C. Order XLIII
  • D. None of the these

Explanation: Order XLII governs appeals from appellate decrees, while Order XLI primarily deals with appeals from original decrees.

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Correct answer: Order XLII

731. Modes of additional evidence is provided in_______________?

  • A. O. XLI, Rule 27, of C.P.C.
  • B. O. XLI, Rule 28, of C.P.C.
  • C. O. XLI, Rule 29, of C.P.C.
  • D. None of the these

Explanation: Order XLI Rule 28 prescribes the mode of taking additional evidence, including whether it is recorded by the appellate court or a…

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Correct answer: O. XLI, Rule 28, of C.P.C.

732. Order XLI, Rule 25, of C.P.C. empowers Appellate Court to ____________________?

  • A. Frame issues or refer them to Trial Court
  • B. To dismissed appeal
  • C. To remand case to Trial Court
  • D. None of the these

Explanation: Under Order XLI Rule 25, the appellate court may frame issues that were omitted and refer them to the trial court for determination.

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Correct answer: Frame issues or refer them to Trial Court

733. Order XLI, Rule_________ deals with remand of case by appelate Court ?

  • A. 21, of C.P.C
  • B. 22, of C.P.C
  • C. 23, of C.P.C
  • D. None of the these

Explanation: Order XLI Rule 23 deals with remand by an appellate court when the lower court disposed of the suit on a preliminary point.

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Correct answer: 23, of C.P.C

734. On a day fixed for hearing of appeal if appellant does not appear when the appeal is called_______________?

  • A. The Court may make an order that the appeal be adjourned
  • B. The Court may make order that the appeal be dismissed
  • C. Both A and B
  • D. None of the these

Explanation: Under Order XLI Rule 17, if the appellant does not appear when the appeal is called for hearing, the court may dismiss the appeal.

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Correct answer: The Court may make order that the appeal be dismissed

735. A book in which Appellate Court register appeal is called __________________?

  • A. Register of appeal
  • B. Record of appeal
  • C. Book of new entries
  • D. None of the these

Explanation: An appellate court records an appeal in the register of appeals, commonly shortened in such questions to the register of appeal.

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Correct answer: Register of appeal

736. Order XLI, Rule 5(2), of C.P.C. deals with ________________?

  • A. Stay of execution by Court which passed the decree
  • B. Stay of execution by Appellate Court
  • C. Both (a) and (b)
  • D. None of the these

Explanation: Order XLI Rule 5(2) allows the court that passed the decree to stay its execution; Rule 5(1) concerns the appellate court's power to grant…

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Correct answer: Stay of execution by Court which passed the decree

737. The memorandum of appeal must contain_______________?

  • A. The copy of decree which is challenged
  • B. The list of witnesses which enclosed with original plaint
  • C. None of the above
  • D. None of the these

Explanation: Order XLI Rule 1 requires the memorandum of appeal to be accompanied by a copy of the judgment and decree appealed against.

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Correct answer: The copy of decree which is challenged

738. Every appeal shall be preferred in the form of_________________?

  • A. Booklet
  • B. Designed document
  • C. Memorandum
  • D. None of the these

Explanation: An appeal is instituted by presenting a memorandum of appeal, which sets out the grounds on which the judgment or decree is challenged.

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Correct answer: Memorandum

739. Order________ of C.P.C. deals with appeals from original decree ?

  • A. XL,
  • B. XLI,
  • C. XLI(A),
  • D. None of the these

Explanation: Order XLI of the Code of Civil Procedure governs appeals from original decrees.

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Correct answer: XLI,

740. Where the property is land paying revenue to the Government or land of which the revenue has been assigned or redeemed and the Court considers those concerned will be promoted by the management of the collector the Court may appoint collector as receiver with consent of_______________?

  • A. Parties
  • B. Court Officer
  • C. Collector
  • D. None of the these

Explanation: Under Order XL, Rule 1, a Collector may be appointed receiver for revenue-paying land when the Court considers Collector management…

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Correct answer: Collector
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