CPC MCQ Quiz in मल्याळम - Objective Question with Answer for CPC - സൗജന്യ PDF ഡൗൺലോഡ് ചെയ്യുക

The correct answer ​Section 31.

Key Points

•  Summons to witness is given under Section 31 of CPC.

What is the purpose of a summons?

• A summons is a form issued by a court that informs the defendant that they are being sued or are required to appear in court.
• It may be served by a sheriff or other authorized person, such as the process server.

Important PointsOther important sections of CPC:

Section	Topic
Section 9	Courts to try all civil suits unless barred.
Section 14	Presumption as to foreign judgments.
Section 15	Court in which suits to be instituted.
Section 27	Summons to defendants
Section 92	Public charities

The correct answer is option 3

​ Key Points

•  Section 51. Powers of Court to enforce execution. (b) permits execution of money decree by attachment and sale of any property of the judgment debtor.
• (c) permits execution even by arrest and detention in prison of the judgment debtor but not for period exceeding the one specified in Section 58 

 

Section 58. Detention and release(1) Every person detained in the civil prison in execution of a decree shall be so detained,
(a) where the decree is for the payment of a sum of money exceeding [five thousand rupees], for a period not exceeding three months, and
(b) where the decree is for the payment of a sum of money exceeding two thousand rupees, but not exceeding five thousand rupees, for a period not exceeding six weeks.
(1A) For the removal of doubts, it is hereby declared that no order for detention of the judgment debtor in civil prison in execution of a decree for the payment of money shall be made, where the total amount of the decree does not exceed 5 [two thousand rupees.]
(2) A judgment-debtor released from detention under this section shall not merely by reason of his release be discharged from his debt, but he shall not be liable to be re-arrested under the decree in execution of which he was detained in the civil prison.

 

The correct answer is Option 4

Key Points

• injunction refuses in following situation:

1.  If it would impede or delay the progress or completion of any infrastructure project or interfere with the continued provision of relevant facility related thereto or services being the subject matter of such project.
2.  when the plaintiff has no personal interest in the matter.

•  Order 39 talks about Temporary Injunction And Interlocutory Orders.

In News 

• The Karnataka High Court recently held that relief of temporary injunction under Order 39 Rules 1 and 2 of the Code of Civil Procedure (CPC) is a discretionary remedy which requires a careful balance between the need for interim relief and the ongoing legal proceeding

The correct answer is Option 4.

Key Points

• Order 23 CPC - Code of Civil Procedure - Withdrawal and Adjustment of Suits

1. Parties having a dispute come together and jointly decide to settle the conflict between them instead of taking the full course of a formal civil suit. 
2. Order 23 Rule 3 of the Code of Civil Procedure, 1908 states that when the parties have made an arrangement to settle the dispute entirely or in part the court if it is satisfied shall pass the decree to such effect and record the same.
3. The agreement should be legal, in writing and signed by the parties. It should  not be opposed to law and public policy.

The correct answer is order 23 Rule 3.

Key Points

• Parties having a dispute come together and jointly decide to settle the conflict between them instead of taking the full course of a formal civil suit.
• Order 23 Rule 3 of the Code of Civil Procedure, 1908 states that when the parties have made an arrangement to settle the dispute entirely or in part the court if it is satisfied shall pass the decree to such effect and record the same.
• The agreement should be legal, in writing and signed by the parties. It should not be opposed to law and public policy. 

Explanation- Rule of res sub judice says that when a matter is currently pending in any of the court or in the same court then the subsequent litigation is barred by the rule of res sub judice and the subsequent litigation will not be entertained.

Explanation: sec 11 CPC enshrines the concept of Res Judicata, one among other essential requirement is that to use res judicata as bar parties should be litigating under the same title. Here title is different in both the cases. 

Explanation: Order XXXIII Rule 11 covers the above situation. Rule 11 of Order 33 of CODE OF CIVIL PROCEDURE, 1908 deals with this aspect of Suits by indigent person. Where the plaintiff fails in the suit or the permission granted to him to sue as an indigent person has been withdrawn, or where the suit is withdrawn of dismissed. 

Explanation: As per sec 9 CPC, civil court has inherent jurisdiction to try all the suits of civil nature unless expressly barred. Hence no agreement between the parties can oust the jurisdiction of civil court as that will be against sec 28 Indian Contract Act which talks about agreement in restrain of legal proceedings. 

correct answer is 90 days from the date of death of the plaintiff.

Key PointsUnder Article 120 of the Limitation Act, 1963, the period of limitation to have the legal representative of a plaintiff made a party to an appeal under the Code of Civil Procedure, is 90 days from the date of death of the plaintiff.