THE CODE OF CIVIL PROCEDURE, 1908
EXHAUSTIVE MCQ TEST
MM: 100 DURATION: 90 Mins
1. The Code of Civil Procedure, 1908 is a
a) Substantive law
b) Procedural law
c) Adjective Law
d) Either (b) or (c)
2. 'A', the landlord, files a civil suit for recovery of rent from 'T', the tenant, for 3
years @ Rs. 7,000/- per month. 'T', the tenant, denies the arrears of rent and claims
the rate of rent to be Rs. 2,000/- per month and that suit is barred under section
50 of Delhi Rent Control Act, 1956. The court may
a) frame a preliminary issue about maintainability and decide the suit.
b) frame all issues of fact and law and treat the issue of jurisdiction as preliminary
issue and decide the suit.
c) frame all the issues of fact and law and pronounce the judgment on all the issues
after recording evidence.
d) reject the suit under Order VII, rule 11, CPC.
3. Preliminary decree is one
a) Which determines the rights of the parties with regard to some or one of the matters
in controversy in the suit but does not finally dispose of the suit
b) Which determines the rights of the parties with regard to some or one of the matters
in controversy in the suit, which may have the effect of final disposal of the suit
c) Both (a) & (b)
d) Neither (a) nor (b)
4. An order passed by the appellate court deciding some issues and remitting other
issues to the trial court for determination under Order 41 Rule 23 is
a) A Decree
b) Not a Decree
c) Only (a)
d) Neither (a) nor (b)
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5. In which among these cases it was held that, “Nothing in Civil Procedure Code
prohibits passing of more than one preliminary decree”?
a) Sital Prashad v. Kishori Lal
b) Phoolchand v. Gopal Lal
c) Kasi v. Ramanathan Chettiar
d) None of the above
6. Under which section of Civil Procedure Code, 1908, Party aggrieved by a
preliminary decree, on not appealing from such decree, shall be precluded from
disputing its correctness in any appeal which may be preferred from the final
decree.
a) Section 96
b) Section 97
c) Section 98
d) None of the above
7. Court may strike out any issue that appears to be wrongly framed
a) Before commencement of trial only
b) Before passing a decree.
c) Before commencement of Defendant evidence only.
d) None of the above.
8. Which among these rules, under order XX of Civil Procedure Code, 1908,
provides for the Equitable set-off?
a) Rule 17
b) Rule 18
c) Rule 19
d) Rule 20
9. Section 151 of the Code of Civil Procedure, 1908 deals with _______________.
a) Right to lodge a caveat
b) General power to amend.
c) Saving of inherent powers of Court.
d) Enlargement of time.
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10. Which of the following is not included in Part VII of the Code of Civil
Procedure, 1908?
a) General Provisions relating to appeals
b) Appeals by indigent persons
c) Appeals from appellate decrees
d) Appeals to the Supreme Court
11. Which of the following sections of the Code of Civil Procedure, 1908 defines
High Court?
a) Section 2(7A)
b) Section 2(7B)
c) Section 2(7)
d) Section 2(8)
12. Order XL of the Code of Civil Procedure deals with ____________.
a) Appointment of Experts
b) Appointment of Receivers
c) Appointment of Commissions
d) Appointment of Pleaders
13. Application for setting aside the order of dismissal of suit for non-appearance
of plaintiff can be made under
a) Under Order IX, rule 9
b) Under Order IX, rule 4
c) Under Order IX, rule 13
d) None of the above
14. Part V of the Code of Civil Procedure, 1908 deals with which of the following?
a) Suits in General
b) Suits in Particular cases
c) Supplemental Proceedings
d) Special Proceedings
15. In a summary suit, upon being duly served with the summons, plaint and
annexures, the defendant is required to enter appearance within how many days
a) 7 days
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b) 10 days
c) 15 days
d) 21 days
16. Court can order substituted service upon defendant upon being satisfied that
a) The defendant is avoiding service.
b) The summons cannot be served in ordinary way.
c) Both a and b.
d) None of the above.
17. Which of the following is correctly matched?
a) Admissions – Order XII
b) Recognized agent and pleaders – Order IV
c) Suits by or against Military or Naval men or Airmen – Order XXVIIA
d) All of the above
18. Section 1 of the Code of Civil Procedure, 1908 deals with which of the
following?
a) Short title and commencement
b) Short title, commencement and extent
c) Commencement and extent
d) Short title and extent
19. Section 11 of the Code of Civil Procedure, 1908 deals with which of the
following?
a) Res judicata
b) Courts to try all suits unless barred
c) Stay of suit
d) Bar to further suit
20. Power of Supreme Court to transfer suit is dealt with in which of the following
sections of the Code of Civil Procedure, 1908?
a) Section 23
b) Section 24
c) Section 25
d) Section 26
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21. Which of the following is incorrectly matched?
a) Summons to Witness – Section 31
b) Penalty for default – Section 32
c) Summons to defendants – Section 29
d) Institution of suits – Section 26
22. Section 95 of the Code of Civil Procedure, 1908 deals with _______________.
a) Compensation for obtaining arrest, attachment or injunction on insufficient
ground.
b) Supplemental proceedings
c) Appeal from original decree
d) Public Charities
23. For which of the following purposes the court cannot issue a commission?
a) For framing of issues.
b) To make local investigation.
c) Partition.
d) To perform any ministerial act.
24. No order of attachment passed under Order XXXIX, rule 2A shall remain in
force for more than
a) 6 months
b) One year
c) Two years
d) None of the above.
25. A person aggrieved by a decree or order from which an appeal is allowed, but
not preferred may seek review on the ground:
a) error apparent on the face of record
b) was unable to produce evidence despite due diligence or was not in his
knowledge
c) for any sufficient cause
d) All of the above
26. The Court while framing the issues may consider:
a) allegations made in pleadings.
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b) contents of the documents produced by either party
c) statements made on oath by the parties before the court.
d) All of the above
27. Which of the following sections of the Code of Civil Procedure, 1908 provides
for Transferee?
a) Section 49
b) Section 51
c) Section 47
d) Section 50
28. 'A' is dispossessed in a suit for possession filed by 'B'. In appeal, the decree of
possession is set aside. The defendant may claim:
a) restitution of possession and damages by filing a separate suit.
b) restitution of possession by moving an application before the court which passed
the decree in first instance
c) restitution of possession by moving an application before the appellate court which
set aside the decree.
d) Interest, damages, cost and mesne profits by moving an application before the
appellate court which set. aside the decree.
29. Which of the following is incorrectly matched?
a) Savings – Section 4
b) Application of the Code to Revenue Courts – Section 5
c) Provincial Small Cause Courts – Section 7
d) Presidency Small Cause Courts – Section 9
30. A resides in Shimla, B at Calcutta and C at Delhi. A, B and C together go to
Banaras and B & C make a Joint Promissory Note payable on demand and
deliver it to A. B & C default in payment. A cannot file a suit for recovery at:
a) Banaras where the joint promissory note was executed.
b) where B resales.
c) Delhi, where C resides.
d) Shimla, where the plaintiff resides.
31. Can there be the disposal of the suit at the first hearing?
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a) Yes, according to the rules of Order XV
b) Yes, according to the rules of Order XIV
c) No
d) The Code of Civil Procedure is silent
32. Which of the following is incorrectly matched?
a) Adjournments – Order XVII
b) Affidavits – Order XIX
c) Costs – Order XXXA
d) None of the above
33. Which of the following is incorrectly matched?
a) Pleadings Generally – Order VI
b) Written Statement, set off and Counter claim – Order VII
c) Plaint – Order VIII
d) Both b and c
34. Which of the following parts of the Code of Civil Procedure, 1908 deals with
the ‘Suits in General’?
a) Part I
b) Part II
c) Part III
d) None of the above
35. Production, impounding and return of documents is dealt with under which of
the following orders of the Code of Civil Procedure, 1908?
a) Order XIV
b) Order XIII
c) Order XII
d) Order XV
36. Any Commissioner appointed by the Court under Order XXVII cannot do the
following acts:
a) examine the parties and any witness whom they may produce.
b) call for and examine documents and other things relevant to the inquiry.
c) impose penalty on the parties.
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d) enter into any land or building at a reasonable time, as mentioned in the Order.
37. Where a receiver appointed by the Court fails to pay the amount due from him
as the Court directs, the Court may
a) Direct attachment and sale of the property of the receiver.
b) Issue notice of contempt against the receiver.
c) Direct imprisonment of receiver.
d) None of the above
38. Section 15 of the Code of Civil Procedure, 1908 deals with which of the
following?
a) Court in which suits to be instituted
b) Suits to be instituted where subject matter situate
c) Presumption as to foreign judgments
d) Suits for immovable property situate within jurisdiction of different courts
39. If a party who has obtained an order for leave to amend a pleading, does not
amend accordingly within the time limited for the purpose by the order or if no
time is limited then within 14 days from the date of the order, he shall
a) Not be permitted to amend the pleading unless the time is extended by the court
b) Be proceeded ex parte
c) Be burdened with a cost
d) None of the above
40. Section 77 of the Code of Civil Procedure deals with ____________.
a) Commission to another court
b) Power of court to issue commission
c) Letter of request
d) Notice
41. Which of the following is incorrectly matched?
a) Postage – Section 143
b) Enforcement of liability of surety – Section 145
c) Assessors in causes of salvage, etc – Section 140
d) Miscellaneous proceedings – Section 142
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42. Section 148 of the Code of Civil Procedure, 1908 deals with _______________.
a) Right to lodge a caveat
b) Saving of inherent powers of court
c) Enlargement of time
d) None of the above
43. Where temporary injunction is granted in favour of the Plaintiff, without giving
notice of the application to the opposite party, the Plaintiff shall deliver to the
opposite party.
a) Copy of the application for injunction.
b) Copy of the plaint.
c) Copies of documents on which the Plaintiff relies.
d) All of the above.
44. Section 55 of the Code of Civil Procedure, 1908 deals with _____________.
a) Arrest and detention
b) Prohibition of arrest or detention of women in execution of decree for money
c) Detention and release
d) Property liable to attachment and sale in execution of decree
45. What are the considerations for deciding an application under Order VII, rule
11?
a) Written statement only
b) Replication
c) Plaint, along with the documents of the Plaintiff
d) Written statement, along with the documents of the Defendant
46. Every summons for the attendance of the person shall specify
a) Time and place at which he is required to attend
b) The purpose for his attendance
c) Any particular document, which the person summoned is called on to produce
d) All of the above
47. The court shall direct, that the property be released from attachment that is
being attached due to non-compliance of the witness with the summons, and
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shall make such order as to costs of the attachment, if such person appears and
satisfies the court
a) That he did not, without lawful excuse, fail to comply with the summons or
intentionally avoid service
b) Where he has filed to attend at the time and place name in a proclamation issued
under rule 10 of Order, that he had no notice of such proclamation in time to attend
c) Either (a) or (b)
d) Both (a) and (b)
48. Where witness fails to appear, or appears but fails so to satisfy the court, the
court may impose upon him such fine not exceeding
a) 100 Rupees
b) 200 Rupees
c) 500 Rupees
d) 5000 Rupees
49. What is maximum time granted to court by Civil Procedure Code to draw up a
decree after pronouncing judgment?
a) 15 days
b) 30 days
c) 45 days
d) 60 days
50. Pleading means
a) Plaint or rejoinder
b) Plaint or written statement
c) Plaint or written statement or rejoinder
d) Plaint alone
51. Which of the following sections of the Code of Civil Procedure, 1908, deals with
Review?
a) Section 113
b) Section 112
c) Section 114
d) Section 115
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52. Which of the following is correctly matched?
a) Withdrawal and Adjustment of suits – Order XXIII
b) Pleadings Generally – Order VI
c) Production, impounding and return of documents – Order XIII
d) All of the above
53. Order XLIV of the Code of Civil Procedure deals with ____________.
a) Appeals from Appellate decrees
b) Appeals from Orders
c) Appeals to the Supreme Court
d) Appeals by Indigent persons
54. Production, impounding and return of documents is dealt with under which of
the following orders of the Code of Civil Procedure, 1908?
a) Order XIV
b) Order XIII
c) Order XII
d) Order XV
55. Which of the following is incorrectly matched?
a) Pleadings Generally – Order VI
b) Written Statement, set off and Counter claim – Order VII
c) Plaint – Order VIII
d) Both b and c
56. Can there be the disposal of the suit at the first hearing?
a) Yes, according to the rules of Order XV
b) Yes, according to the rules of Order XIV
c) No
d) The Code of Civil Procedure is silent
57. Which of the following is incorrectly matched?
a) Adjournments – Order XVII
b) Affidavits – Order XIX
c) Costs – Order XXXA
d) None of the above
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58. Which of the following sections of the Code of Civil Procedure, 1908 deals with
Power to amend decree or order where appeal is summarily dismissed?
a) Section 153
b) Section 153A
c) Section 153B
d) Section 154
59. Power of High Court to determine issues of fact is dealt with in which of the
following sections of the Code of Civil Procedure, 1908?
a) Section 122
b) Section 103
c) Section 125
d) None of the above
60. Which of the following is correctly matched?
a) Admissions – Order XII
b) Recognized agent and pleaders – Order IV
c) Suits by or against Military or Naval men or Airmen – Order XXVIIA
d) All of the above
61. Section 1 of the Code of Civil Procedure, 1908 deals with which of the
following?
a) Short title and commencement
b) Short title, commencement and extent
c) Commencement and extent
d) Short title and extent
62. Section 11 of the Code of Civil Procedure, 1908 deals with which of the
following?
a) Res judicata
b) Courts to try all suits unless barred
c) Stay of suit
d) Bar to further suit
63. Order XL of the Code of Civil Procedure deals with ____________.
a) Appointment of Experts
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b) Appointment of Receivers
c) Appointment of Commissions
d) Appointment of Pleaders
64. Which of the following Orders of the Code of Civil Procedure, 1908 deals with
Suits Involving a Substantial Question of Law as to the Interpretation of the
Constitution or as to the Validity of any Statutory Instrument?
a) Order XXVIIA
b) Order XXVIIIA
c) Order XXVII
d) Order XXIX
65. Payment into Court is dealt with in which of the following orders of the Code
of Civil Procedure, 1908?
a) Order XXIV
b) Order XXV
c) Order XXIII
d) Order XXII
66. Right to lodge a caveat is dealt with in which of the following sections of the
Code of Civil Procedure, 1908?
a) Section 148
b) Section 151
c) Section 148A
d) Section 144
67. Section 112 of the Code of Civil Procedure, 1908 deals with _____________.
a) Savings
b) Repealed
c) Powers of Appellate Court
d) When appeal lies to the Supreme Court
68. Which of the following Orders of the Code of Civil Procedure, 1908 deals with
Suits Relating to Matters Concerning the family?
a) Order XXXII
b) Order XXXIIIA
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c) Order XXXIIA
d) Order XXIV
69. Which of the following orders of the Code of Civil Procedure, 1908 deals with
Affidavits?
a) Order XIX
b) Order XXA
c) Order XVII
d) Affidavits is dealt with only in the sections
70. Which of the following orders of the Code of Civil Procedure, 1908 deals with
Appearance of parties and Consequence of Non-appearance?
a) Order VIII and IX respectively
b) Order IX and X respectively
c) Order IX
d) Order XIII
71. Which of the following is correctly matched?
a) Summary Procedure – Order XXXVII
b) Reference – Order XLVI
c) Examination of Parties by the Court – Order X
d) All of the above
72. Which of the following orders of the Code of Civil Procedure, 1908 deals with
Plaints and Written statements respectively?
a) Order VI and VII
b) Order VII and VIII
c) Order VIII and VII
d) Order VIII and VI
73. Order XXA of the Code of Civil Procedure, 1908 deals with ____________.
a) There is no such order in the Code
b) Judgment and decree
c) Costs
d) Execution of decrees and orders
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74. Which of the following sections of the Code of Civil Procedure, 1908 provides
for release on grounds of illness?
a) Section 59
b) Section 57
c) Section 60
d) Section 55
75. Order XI of the Code of Civil Procedure, 1908 deals with ____________.
a) Examination of parties by the court
b) Discovery and inspection
c) Appearance of parties and consequence of non-appearance
d) Admissions
76. Section 50 of the Code of Civil Procedure, 1908 deals with _____________.
a) Legal Representative
b) Transferee
c) Questions to be determined by the Court executing decree
d) Detention and release
77. Where is the term ‘Signed’ defined under the Code of Civil Procedure, 1908?
a) Section 2(20)
b) Section 2(17)
c) Section 2(14)
d) Section 2(21)
78. Which of the following Orders of the Code of Civil Procedure, 1908 deals with
Suits by or Against corporations?
a) Order XXIX
b) Order XXVIII
c) Order XXX
d) Order XXXII
79. Section 80 of the Code of Civil Procedure, 1908 deals with _______________.
a) Suits by or against the Government
b) Notice
c) Power of court to issue commissions
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d) Letter of request
80. Which of the following sections of the Code of Civil Procedure, 1908 provides
for Appeal from original decree?
a) Section 96
b) Section 91
c) Section 99A
d) Section 100
81. Which of the following Orders of the Code of Civil Procedure, 1908 deals with
Suits relating to Mortgages of Immovable property?
a) Order XXXIII
b) Order XXXIV
c) Order XXXV
d) Order XXXVI
82. Which of the following orders of the Code of Civil Procedure, 1908 deals with
Summoning and Attendance of Witnesses?
a) Order XV
b) Order XVI
c) Order XIV
d) Order XVII
83. Section 89 of the Code of Civil Procedure, 1908 deals with _______________.
a) Where interpleader suit may be instituted
b) Settlement of disputes outside the Court
c) Public Charities
d) Supplemental proceedings
84. Section 30 of the Code of the Civil Procedure deals with which of the following?
a) Penalty for default
b) Judgment and decree
c) Power to order discovery and the like
d) Summons to defendants
85. Which of the following is correctly matched?
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a) Suits by or Against corporations – Order XXXII
b) Suits by or against Military or Naval men or Airmen – Order XXVII
c) Suits by or Against Trustees, Executors and Administrators – Order XXIX
d) Suits by or against Firms and Persons carrying on business in names other than
their own – Order XXX
86. Appeals from Original Decrees is dealt with in which of the following orders
of the Code of Civil Procedure, 1908?
a) Order XLI
b) Order XL
c) Order XLII
d) Order XLIV
87. Which of the following orders of the Code of Civil Procedure, 1908 deals with
Hearing of the suit and examination of witnesses?
a) Order XVII
b) Order XVIII
c) Order XXVIII
d) Order XX
88. Which of the following sections of the Code of Civil Procedure, 1908 defines
Government pleader?
a) Section 2(6)
b) Section 2(7A)
c) Section 2(9)
d) Section 2(7)
89. Section 26 of the Code of Civil Procedure, 1908 deals with which of the
following?
a) To what court application lies
b) Institution of suits
c) Objections to jurisdiction
d) Courts in which suits to be instituted
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90. Which it appears to the Court that there exist elements of a settlement which
may be acceptable to the parties, the Court can refer the parties for which of the
following-
a) Arbitration
b) Conciliation
c) Mediation
d) All of the above
91. Whether the service of summons through e-mail without a copy of the plaint is
valid service for reckoning the period of limitation for filing of the written
statement?
a) Yes, the defendant must approach the Court registry for obtaining the copy of
plaint.
b) No, summons must be accompanied with a copy of the plaint.
c) Yes, the defendant must contact the plaintiff for the paper book.
d) No, service by email is not a valid service even if accompanied with a paper book.
92. In which of the following situations is review maintainable under Section 114
of CPC?
a) Discovery of new evidence on question of fact, which despite due diligence, was
not within the knowledge of party at the time when the decree was passed.
b) Challenge to a finding of fact on the basis of unimpeachable evidence, which
inadvertently could not be filed at the time of original hearing.
c) Where the decision on a question of law on which the judgment of the Court is
based, has been reversed by a Superior Court in another case.
d) Reappraisal of the evidence on record to find out the error in the finding of fact.
93. Do Civil Courts have power to grant status quo ante, when the defendant has
dispossessed the plaintiff from the suit property, in violation of the subsisting
interim injunction, during the pendency of the suit?
a) Yes, under Order 39 Rule 2A and Section 151 CPC.
b) Yes, under Section 94 CPC
c) No, only the High Court can issue such direction in exercise of its jurisdiction under
Article 215 of the Constitution of India and the Contempt of Courts Act, 1971
d) No, the plaintiff will have to file a fresh suit seeking possession.
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94. In which of the following situations can a stay of subsequent suit be granted
under Section 10 of the CPC?
a) Where the previous suit between the same parties is pending before a Court which
prima facie does not have jurisdiction.
b) Where the first suit has reached the stage of final arguments.
c) Where the matters in issue in both the suits are substantially similar and it is
pending between the same parties.
d) Where previous suit between the parties on same issue has been decided on merits.
95. Which of the following is not a legal entity and therefore cannot sue as a
plaintiff in its own name?
a) Sole Proprietorship firm.
b) Registered Partnership firm
c) Hindu Undivided Family
d) Statutory Authority
96. In which of the following situations, after the framing of issues, does the
defendant have a right to begin evidence prior to the plaintiff in a civil suit in
view of the provisions of Order XVIII Rule 1 of CPC?
a) Where the facts set out in the plaint are admitted by the defendant but the plaintiff's
entitlement to relief is contested in law or on the basis of additional facts asserted
by the defendant.
b) The defendant seeks permission to lead evidence first due to the old age of his/her
witnesses.
c) Either party can elect to begin first and thereafter it is the discretion of the Trial
Court.
d) Both (a) and (b)
97. The defendant, instead of filing his written statement to a commercial suit, filed
an application under Order VII Rule 11 of the CPC. The application was
dismissed by the Court, however, in the meantime 150 days had passed since the
service of summons of the Suit on the defendant. Defendant prayed that it be
granted one week to file the Written Statement.
a) The court, exercising its powers under Section 151 of the CPC, shall grant defendant
the time to file the written statement.
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b) As it was the fault of the court that the application of the defendant under Order
VII Rule 11 of the CPC remained pending for a long period, the Court shall grant
extension of time to the defendant to file his written statement.
c) The court cannot grant extension of time to the defendant to file the Written
Statement, as 120 days have passed from the service of the summons on the
defendant
d) The court shall condone the delay in filing the written statement as the defendant
has shown sufficient cause for not filing the written statement within time.
98. A filed a suit for recovery of Rs.10 lakhs against 'B'. It was B's case that 'A' owed
him Rs.20 lakhs but "B" had not filed a suit to claim the said amount as the
limitation period had expired. Which of the following is true?
a) B cannot raise his claim as it is barred by limitation.
b) B can raise his claim by way of a separate counterclaim.
c) B can claim set off in the written statement.
d) B gets a new cause of action for filing a fresh suit after filing of A's suit.
99. As per Section 100(1) of CPC, second appeal lies to High Court on-
a) Substantial question of law
b) Substantial question of fact
c) Both (a) and (b)
d) None of the above
100. A plaint, under Order VII Rule 11 of CPC, shall be rejected on which of the
following conditions-
a) where it does not disclose a cause of action
b) where the suit appears from the statement in the plaint to be barred by any law
c) Both (a) and (b)
d) None of the above
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