CIVIL PROCEDURE CODE - COMPLETE QUESTION PAPER WITH ANSWERS

I. MULTIPLE CHOICE QUESTIONS (10 × ½ = 5 Marks)

1) A civil court has the authority to examine a party at the first hearing under which
provision of the CPC --( C )

• A) Order X Rule 1

• B) Order XI Rule 1

• C) Order V Rule 1 ✓

• D) None

Answer: (C)

2) Order VIII Rule 6B of Code of CPC 1908 deals with: --( C )

• A) Counter-claim by defendant

• B) Counter claim to be stated

• C) Both ✓

• D) None

Answer: (C)

3) A sues B on a Bill of exchange for Rs 500. B holds a judgment against A for Rs

1000 which he claims to set-off --( B)

• A) The set-off shall be allowed

• B) The set-off cannot be allowed ✓

• C) Both

• D) None

Answer: (B)

4) Pleadings must state is called? --( A )

 • A) Fact ✓

• B) Law

• C) Evidence

• D) All

Answer: (A)

5) A suit under Order XXXVII can be filed in: --( C )

• A) City civil court

• B) High court

• C) Both ✓

• D) None

Answer: (C)

6) Which of the following deals with second appeal in the Code of CPC--( C )

• A) Section 111

• B) Section 103

• C) Section 100 ✓

• D) Section 108

Answer: (C)

7) Which section deals with enforcement of decree against legal representative in

the Code of CPC--( D )

• A) Section 46

• B) Section 52

• C) Section 45

• D) Section 49 ✓
Answer: (D)

8) Order VIII Rule 6 incorporates which of the following --( C )

• A) Legal set-off only

• B) Equitable set-off only

• C) Both ✓

• D) None

Answer: (C)

9) Temporary injunctions can be granted even in circumstances not provided for

under Order XXXIX. The statement above is: --( A )

• A) True ✓

• B) Partly true

• C) False

• D) None

Answer: (A)

10) "Custodia legis" means?--( C )

• A) Quorum of judges

• B) Court's custody

• C) Custody of law ✓

• D) None

Answer: (C)

II. FILL IN THE BLANKS (10 × ½ = 5 Marks)

1) Which provisions of Sec 10 CPC deals with: Answer: Res sub judice / Stay of suit
2) Judgment under Section 2(9) means: Answer: Statement given by judge on
grounds of decree or order

3) Issues means: Answer: Material propositions of fact or law affirmed by one

party and denied by other

4) Provisions related to issuance of commissions are contained in Order: Answer:

XXVI

5) Summary procedure in relation to suits has been provided under Order: Answer:
XXXVII

6) Section 115 of CPC provides for: Answer: Revision / Revisional jurisdiction

7) Doctrine of restitution is contained under Sec: Answer: 144

8) Foreign judgment is defined under Section: Answer: 13

9) Principle of res judicata is contained under Section: Answer: 11

10) Attachment of immovable property during execution of a decree is provided in

Order: Answer: XXI (Rule 54)

III. SHORT ANSWERS (5 Marks Each)

1) Define Affidavit

Answer:

An affidavit is a written statement of facts made voluntarily by a person under oath

before an authorized officer (magistrate, notary public, or commissioner of oaths).

Key features:

• Made by deponent who swears to truth

• Used as evidence in court proceedings

• Must be properly stamped and signed

• Made in presence of authorized officer

• Commonly used in interlocutory applications

2) What is the Difference between Decree and Order?

Answer:

Decree (Section 2(2)):

• Formal expression conclusively determining rights of parties

• Decides the suit finally

• Generally appealable as of right

• Example: Dismissal of suit, grant of damages

Order (Section 2(14)):

• Any decision of civil court which is not a decree

• Decides procedural or interlocutory matters

• Appealable only when expressly provided

• Example: Order of adjournment, rejection of plaint

Main difference: Decree ends suit; Order deals with proceedings during suit.

3) What are the Differences between Interim Order and Stay of Proceedings?

Answer:

Interim Order:

• Temporary relief granted during pendency of suit

• Positive direction to do or not do something

• Preserves subject matter or regulates conduct

• Governed by Order XXXIX

• Example: Temporary injunction, appointment of receiver

Stay of Proceedings:

• Suspends entire judicial process

• Stops all further proceedings in suit

• Can be under Section 10 (res sub judice) or inherent powers

• No substantive relief, only suspension

 • Proceedings remain frozen until stay vacated

Key difference: Interim order provides temporary relief; Stay stops everything.

4) Define Interpleader Suit and Discuss Conditions under CPC 1908

Answer:

Definition: An interpleader suit (Order XXXV) is filed by a stakeholder who holds

money or property claimed by two or more persons and cannot determine the
rightful owner.

Conditions:

1. Two or more persons make adverse claims

2. Stakeholder has no beneficial interest in subject matter

3. Claims relate to same debt, money, or property

4. Stakeholder is ready to pay/deliver to rightful person

5. No collusion between stakeholder and claimants

6. Stakeholder must deposit property/money in court or give security

Purpose: Protects innocent stakeholder from multiple claims and determines true
owner.

5) Define Judgment-Debtor and Abatement

Answer:

Judgment-Debtor (Section 2(10)): A person against whom a decree has been passed
or an order capable of execution made. He is liable to satisfy the decree and subject
to execution proceedings until decree fully satisfied.

Abatement (Order XXII): Termination or suspension of suit due to certain events

during pendency:

• Death of sole plaintiff/defendant

• Insolvency of party

• Marriage of female party (in certain cases)

Effect: Legal representatives must be brought on record within prescribed time
(usually 90 days), otherwise suit stands dismissed.

6) Explain the Purposes of Issuing Commission under the Provisions of CPC 1908

Answer:

Under Order XXVI, courts issue commissions for following purposes:

1. Examination of Witnesses (Rule 1): When witnesses cannot attend due to

distance, illness, or valid reasons

2. Local Investigation (Rule 9): When court needs to inspect property or conduct
local inquiry

3. Scientific Investigation (Rule 10A): For expert examination requiring specialized

knowledge

4. Examination of Accounts: Appointing commissioners to examine complex

accounts

Objectives:

• Ensure justice not delayed

• Enable proper fact-finding

• Obtain expert evidence

• Reduce costs and inconvenience

• Expedite proceedings while maintaining fairness