Code of Civil Procedure — AIBE Subject Practice

167 Code of Civil Procedure questions drawn from past AIBE papers. Review sample questions below, then practice the full subject set with answers and explanations.

Practice Code of Civil Procedure

Sample Questions

Q5. In which of the following cases a Set Off can be claimed?

A. A owes the partnership firm of B & C a debt Rs. 1500. C owes A a separate debt of Rs. 1000. C wants to set off the debt of Rs. 1000 against the debt of Rs. 1500.
B. A sues B for Rs. 20,000 claim for damages for breach of contract for specific performance.
C. Both 1 & 2
D. None of the above.

Topic: Code of Civil Procedure — Order VIII Rule 6, Set-off, Mutual debts

Q9. A person cannot be a next friend, a guardian of a person if:

A. He is a minor
B. He is an opposite party in the suit
C. He has not given consent in writing
D. All of the above.

Topic: Code of Civil Procedure — Order XXXII, Next friend, Guardian for suit

Q32. Under Section 114 of the CPC, a person may apply for a review of judgment when:

A. He is aggrieved by a decree or order from which an appeal is allowed by this Code, but from which no appeal has been preferred.
B. He is aggrieved by a decree or order from which no appeal is allowed.
C. He is aggrieved by a decision on a reference from a Court of Small Causes.
D. All of the above.

Topic: Code of Civil Procedure — Section 114 CPC, Review of judgment, Order XLVII

Q36. Under Order 33, an indigent is allowed to prosecute any suit, provided he satisfied certain conditions. Which of the following is not such a condition?

A. He is not possessed of sufficient means to enable him to pay the fees prescribed for the plaint in such suit
B. He is not entitled to property worth Rs. 1000
C. He has no sufficient means for his livelihood
D. He may present the application for permission to sue as an indigent either himself or through an authorized agent.

Topic: Code of Civil Procedure — Order XXXIII, Indigent person, Court fees

Q41. A decree can be transferred for execution to another Court:

A. If the judgment debtor actually and voluntarily resides or carries on business or personally works for gain, within the local limits of jurisdiction of such Court.
B. If the judgment debtor has property sufficient to satisfy the decree within the limits of that Court.
C. If the decree directs the sale or delivery of immovable property situated outside the local limits of jurisdiction of the Court which passed it.
D. All of the above.

Topic: Code of Civil Procedure — Section 39 CPC, Transfer of decree, Execution proceedings

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