Showing Mcqs of Civil-Procedure-Code -- (286)

42. According to the _________________ Res-judicata, if any plea could have been taken during trial by respective parties but parties failed or did not raised then such party cannot be allowed to re litigate the same matter.  

A. Actual

B. Constructive

C. Both A and B

D. None of these

43. According section 15, of CPC, every suit shall be instituted in the Court of ___________________. 

A. Lowest grade competent to try it

B. Highest grade competent to try it

C. Both (a) and (b)

D. None of these

44. If an incompetent court passes decree in a matter, it shall have ________________ effect 

A. Binding

B. Same

C. No binding

D. None of these

45. Suits can be instituted where the subject matter is situated in case of ________________. 

A. Partition of immoral property

B. Foreclosure

C. Redemption in case of mortgage

D. All of these

46. As per section 15 of the Code of Civil Procedure, 1908, every suit shall be instituted in the Court of the lowest grade competent to try it, EXCEPT: 

A. Appeal against a decree

B. For the recovery of immovable property-with or without rent or profits

C. For the partition of immovable property

D. For transfer of immovable property

47. In case of moveable property suit can be instituted in ______________ against defendant 

A. Where the defendant resides

C. Where the cause of action occurred

B. Where he carries business

D. All of these

48. Where the immovable property is located within jurisdiction of different courts, then suit may be instituted in ____________________.  

A. Court having larger portion of property

B. Any court having any portion of property

C. High court

D. District court

49. Where a suit is to obtain relief respecting, or compensation for wrong to immovable property situate within the jurisdiction of different Courts, the suit may be instituted in ________________ within the local limits of whose jurisdiction any portion of the property is situated,  

A. Any Court

B. All the Courts simultaneously

C. The Sessions Court

D. The High Court

50. As per Section 17 of the Code of Civil Procedure 1908, where a suit to obtain relief respecting, or compensation for wrong to immovable property situate within the jurisdiction of  ___________________ Courts, the suit may be instituted in any Court within the local limits of whose jurisdiction any portion of the property is situate.  

A. Different

B. District

C. Former

D. High

21. Section 6, of CPC deals with _________________. 

A. Pecuniary jurisdiction

B. Appellate jurisdiction

C. Both A and B

D. None of these