Haryana ADA Mock Test 2023

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Haryana ADA Mock Test

Code of Civil Procedure

1. The Code of Civil Procedure came into force with effect from____

(a) 1 January 1908

(b) 1 September, 1908

(c) 1 January 1909

(d) 1 September 1909

2. The Code extends to the–

(a) Whole of India

(b) Whole of India except the State of Jammu and Kashmir

(c) Whole of India except the State of Nagaland and the tribal areas (d) Both (b) and (c)

3. Among the following in which Section the term “decree” is define–

(a) Section 2(1)

(b) Section 2(2)

(c) Section 2(a)

(d) Section 2(b)

4. Decree includes–

(a) The rejection of a plaint

(b) Any adjudication from which an appeal lies as an appeal from an order

(c) Any order of dismissal for default.

(d) None of the above

5. Decree includes–

(a) Any order of dismissal for default

(b) The rejection of a plaint

(c) The determination of any question within section 144

(d) Both (b) and (c) above

6. Order of dismissal for default is–

(a) Preliminary decree

(b) Final decree

(c) Partly preliminary partly final decree

(d) None of the above

7. 7. Legal representative means/includes

(a) Person who is law represents the estate of a deceased person

(b) Any person who intermeddles with the estate of the deceased

(c) The person on whom the estate devolves on the death of the party

(d) All of the above

7. 7. 8. “Order” means the formal expression of any decision of a Civil Court which is not a decree–

(a) Section 2(2)

(b) Section 2(12)

(c) Section 2(14)

(d) Section 2(16)

7. 7. 9. The term ‘public officer’ means–

(a) Every officer in the service remunerated by fees or commission for the performance of any public duty.

(b) Every person who holds any office by virtue of which the is empowered to place or keep any person in confinement

(c) Both (a) and (b) above

(d) Neither (a) nor (b)

7. 7. 10. Foreign judgment means the judgment of a foreign Court. The term foreign judgment is defined under Section–

(a) 2

(b) 3

(c) 6

(d) 13

7. 7. 11. Every______ is appealable–

(a) Decree

(b) Order

(c) Both (a) and (b)

(d) Either (a) or (b)

7. 7. 12. Cause of action may be described as–

(a) A bundle of essential facts necessary for the plaintiff to prove

(b) An important subject of litigation

(c) A point in question

(d) All of the above

7. 7. 13. Which one of the following court has original as well as appellate jurisdiction–

(a) Revenue Court

(b) District Court

(c) Munsiffs Court

(d) None of the above

7. 7. 14. No suit would lie to set aside a decree on objection as to–

(a) Subject matter jurisdiction of a court

(b) Territorial jurisdiction of a court

(c) Pecuniary jurisdiction of a court

 (d) Both (b) and (c) above

7. 7. 15. A defendant to a suit against whom no relief is claimed is called

 (a) Co defendant

 (b) Pro-forma defendant

 (c) Interveners

 (d) None of the above

7. 7. 16. Section 9 of the Code confers jurisdiction in–

 (a) Civil matter

 (b) Political matter

 (c) Religion matter

 (d) Either (a) or (b) or (c)

7. 7. 17. Among the following which are suits of a Civil nature–

 (a) Suit relating to rights to worship

 (b) Suit relating to right to shares in offerings

 (c) Suits for upholding mere dignity or honour

 (d) Both (a) and (b) above

7. 7. 18. Among the following which are suits of civil nature–

 (a) Suits for recovery of voluntary payments or offerings

 (b) Suits involving principally caste questions

 (c) Suits relating to taking out of religious processions

 (d) None of the above

7. 7. 19. A Civil Court has jurisdiction to try a civil suit unless its cognizance is barred–

 (a) Expressly

 (b) Impliedly

 (c) Either (a) or (b)

 (d) Only (a) not (b)

7. 7. 20. Mark the incorrect statement______

 (a) A statute ousting jurisdiction of a Court must be strictly construed

 (b) Every Court has inherent power to decide the question of its own jurisdiction

 (c) Consent can neither confer nor take away jurisdiction of a Court

 (d) None of the above

7. 7. 21. Mark the Correct statement–

 (a) There is no distinction between want of jurisdiction and irregular exercise thereof.

 (b) Every presumption should be made in favour of jurisdiction of a Civil Court

 (c) Both (a) and (b) above

 (d) Neither (a) nor (b)

7. 7. 22. Jurisdiction of a Court depends upon the___

 (a) Averments made in a plaint

 (b) Defence in the written statement

 (c) Both (a) and (b) above

 (d) None of the above

7. 7. 23. Doctrine of res sub judice is provided under Section–

 (a) 9

 (b) 10

 (c) 11

 (d) 12

7. 7. 24. Section 10 of the Code deals with–

 (a) Stay of civil suits

 (b) Puts a bar upon the institution of a civil suits

 (c) (A) and (b) both above

 (d) Neither (a) nor (b)

7. 7. 25. Which of the following is based upon equity–

 (a) Res judicata

 (b) Res subjudice

 (c) Estoppels

 (d) None of the above

7. 7. 26. The Code of Civil Procedure was enacted on-

 (a) 21/03/1908

 (b) 21/06/1908

 (c) 31/12/1908

 (d) 21/09/1909

7. 7. 27. Among the following______ conclusively determines the rights of the parties–

 (a) Decree

 (b) Order

 (c) Judgment

 (d) Application

7. 7. 28. A statement given by Judge on the ground of decree or order is called___

 (a) Plain

 (b) Written statement

 (c) Judgment

 (d) Summons

7. 7. 29. The term ‘Resjudicata’ means–

 (a) Stay of proceeding

 (b) Further proceeding

 (c) A matter already adjudicated

 (d) None of the above

7. 7. 30. Which of the following amendments was introduced by the Code of Civil Procedure (Amendment) Acts 1999 and 2002–

 (a) Number of adjournments has been restricted

 (b) Provision for out of Court settlement has been introduced (c) Scope of appeals curtailed

 (d) All of the above

7. 7. 31. A decree becomes final–

 (a) When no appeal has been preferred against the decree

 (b) When it conclusively determines the right of the parties

 (c) Both (a) and (b) above

 (d) Neither (a) nor (b)

7. 7. 32. A decree, when an adjudication completely disposes of the suit, is–

 (a) A preliminary decree

 (b) A final decree

 (c) Partly preliminary and partly final decree

 (d) None of the above

7. 7. 33. An order rejecting the plaint for non-payment of the court fees is–

 (a) Decree

 (b) Not a decree

 (c) Judgment

 (d) None of the above

7. 7. 34. An exparte decree can be set aside on the ground that–

 (a) An exparte decree cannot be set aside under any circumstances

 (b) Summons were not duly served

 (c) Defendant refused to receive the summons and thereafter no fresh summons were issued to him

 (d) Non-appearance of defendant as copies of documents filed with plaint were not provided to defendant

7. 7. 35. If a plaint is rejected for non-payment of Court fee, the remedy is

 (a) Appeal

 (b) Writ

 (c) Revision

 (d) None of the above

7. 7. 36. Among the following which section put a bar to further suit–

 (a) Section 9

 (b) Section 12

 (c) Section 15

 (d) Section 16

7. 7. 37. A foreign judgment not pronounced by Court of competent jurisdiction will–

 (a) Be not conclusive

 (b) Be conclusive

 (c) Based upon fraud

 (d) None of the above

7. 7. 38. According to section 21 of the Code, objection at jurisdiction of Court can be raised on–

 (a) Trial

 (b) Appeal

 (c) Revision

 (d) Either (a) or (b) or (c)

7. 7. 39. Suits for the recovery of movable property actually under distraint or attachment shall be instituted in the Court within the local limit of whose jurisdiction the–

 (a) Defendant is resides

 (b) The plaintiff is resides

 (c) Property is situate

 (d) Any of the above

7. 7. 40. Section 18 of the Code provides for–

 (a) Place of institution of suits in respect of immovable property where the local limits of jurisdiction of Courts are uncertain

 (b) Place of institution of suit in respect of immovable property where the property is situated in the jurisdiction of one Court

 (c) Place of institution of suit in respect of immovable property where the property is situated in the jurisdiction of different courts

 (d) None of the above

7. 7. 41. The Code of Civil Procedure (Amendment) Act, 1999 as well as the Amendment Act, 2002 were held constitutionally valid in the case of–

 (a) State of Punjab v. Sivaram

 (b) State of U.P. v. Chandra Bhushan

 (c) Anil Rai v. State of Bihar

 (d) Salem Advocate Bar Association v. UOI

7. 7. 42. Which of the following sections of the Code defines “suit”_____

 (a) Section 2

 (b) Section 9

 (c) Section 2(9)

 (d) Not defined

7. 7. 43. The words ‘rights’ in the definition of decree as given under Section 2(2) of the Code, means–

 (a) Substantive rights

 (b) Procedural rights

 (c) Both (a) and (b)

 (d) None of the above

7. 7. 44. Once a Preliminary decree is passed in a suit

 (a) The suit will comes to an end

 (b) The suit will continue

 (c) Either (a) or (b)

 (d) None of the above

7. 7. 45. A judgment contemplates a stage___ the passing of a decree–

 (a) Simultaneous

 (b) Prior to

 (c) After

 (d) Any of the above

7. 7. 46. Mesne profit_______ include profits due to improvements made by the person is wrongful possession of property______

 (a) Shall not

 (b) Shall

 (c) May

 (d) May not

7. 7. 47. Mesne profit can be claimed with respect to

 (a) Immovable property only

 (b) Movable property only

 (c) Both (a) and (b) above

 (d) None of the above

7. 7. 48. The interest on mesne profit shall not exceed______ per annum–

 (a) 10%

 (b) 6%

 (c) 4%

 (d) 1%

7. 7. 49. The official request that a Court should not take a particular action without issuing notice to the applicant party is called–

 (a) Stay of suit

 (b) Injunction

 (c) Caveat

 (d) Letter of request

7. 7. 50. The jurisdiction of the Civil Court is based on–

 (a) Pecuniary jurisdiction

 (b) Territorial jurisdiction

 (c) Subject matter jurisdiction

 (d) All of the above

7. 7. 51. A written statement–

 (a) May contain new facts in favour of defendant

 (b) May contain legal objections to the claim of the plaintiff

 (c) Must be confined to the reply of the plaint

 (d) Both (a) and (b) above

7. 7. 52. Provision regarding Res subjudice are–

 (a) Mandatory

 (b) Discretionary

 (c) Not Mandatory

 (d) Directory

7. 7. 53. Which of the following sections of the Code is intended to prevent two parallel proceedings in respect of same cause of action–

 (a) Section 13

 (b) Section 11

 (c) Section 10

 (d) Section 9

7. 7. 54. A decree may be executed by

 (a) Court which passed it

 (b) Court to which sent for execution

 (c) Appellate Court

 (d) Both (a) and (b) above

7. 7. 55. Among the following who cannot be arrested during execution of money decree–

 (a) Women

 (b) Any person

 (c) Partner

 (d) None of the above

7. 7. 56. Under the Code the provision of notice before instituting a suit against the Government is given in–

 (a) Section 82

 (b) Section 80

 (c) Section 79

 (d) Section 78

7. 7. 57. Inherent powers of the Court can be exercised under the Code–

 (a) To help the plaintiff

 (b) To help the defendant

 (c) For the ends of justice or to prevent abuse of the process of the Court

 (d) To grant interim relief

7. 7. 58. A residing in Dehradun, beats B in Delhi. B may sue A under the Code–

 (a) Delhi

 (b) Dehradun

 (c) Either (a) or (b)

 (d) Only (a) not (b)

7. 7. 59. A person may sue a foreign State–

 (a) Only with the consent of the Central Government

 (b) With the consent of the President of India

 (c) With the consent of the State Government

 (d) Both (a) and (c) above

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7. 7. 60. Objection as to place of suing shall be allowed in the Court of first instance is the essence of–

 (a) Section 22

 (b) Section 21A

 (c) Section 21

 (d) Section 20

7. 7. 61. Where it appears to the Court that there exist element of a settlement the Court shall

 (a) Leave the matter undecided



 (b) Decide the matter itself

 (c) Refer the same for arbitration, conciliation or mediation

 (d) None of the above

7. 7. 62. A decree for execution cannot be sent to a–

 (a) Foreign Court

 (b) Court outside India established by the authority of Central Government

 (c) Both (a) and (b) above

 (d) Neither (a) nor (b)

7. 7. 63. Which of the following must be stated in the pleadings–

 (a) Facta Probanda

 (b) Facta Probantia

 (c) Both (a) and (b) above

 (d) Neither (a) nor (b)

7. 7. 64. _{Agreement between the parties to institute the suit relating to disputes in a particular Court–}

 (a) Does not oust the jurisdiction of other Courts

 (b) May operate-as estoppels between the parties

 (c) Both (a) and (b) above

 (d) None of the above

7. 7. 65. The Doctrine of res judicata applies to–

 (a) Changing circumstances

 (b) Static situations

 (c) Both (a) and (b) above

 (d) None of the above

7. 7. 66. A judgment delivered by a Foreign Court of competent jurisdiction can be enforced by an Indian Court and will operate as res judicata between the parties thereto except in the cases mentioned–

 (a) Section 14

 (b) Section 13

 (c) Section 12

 (d) Section 11

7. 7. 67. An order allowing or disallowing an application for amendment is–

 (a) Appealable

 (b) A decree

 (c) An appealable order

 (d) None of the above

7. 7. 68. The defendant against whom an exparte decree has been passed can prefer an appeal under

 (a) Order 9 Rule 13

 (b) Order 47 Rule 1

 (c) Section 96(2)

 (d) None of the above

7. 7. 69. Where the relief claimed by the plaintiff is undervalued and the valuation is not corrected within the time fixed or extended by the Court–

 (a) The plaint may be rejected

 (b) The plaint will be rejected

 (c) The plaint will be returned

 (d) Either (a) or (c)

7. 7. 70. Which of the following does not deals with final determination of contested questions and have the binding effect in future litigation

 (a) Res subjudice

 (b) Res Judicata

 (c) Stare decisis

 (d) Both (a) and (b)

7. 7. 71. Among the following cases in which the test of res judicata between codefendants has been laid down by the Supreme Court–

 (a) Sobhag Singh v. Jai Singh

 (b) Jai Narain v. Kedar Nath

 (c) Mahboob Shab v. Syed Ismail

 (d) Sheodan Singh v. Daryao Kanwar

7. 7. 72. Which of the following operate as res judicata–

 (a) A withdrawal of suit

 (b) An exparte decree

 (c) A compromise decree

 (d) None of the above

7. 7. 73. The provisions relating to abatement do not apply to–

 (a) Appeals

 (b) Execution proceedings

 (c) Both (a) and (b) above

 (d) None of the above

7. 7. 74. Interrogatories shall be answered by affidavit to be filed within_____ after the service of it–

 (a) 30 days

 (b) 21 days

 (c) 10 days

 (d) 7 days

7. 7. 75. Section 34 of the Code does not deal with–

 (a) Interest from the date of decree

 (b) Interest prior to suit

 (c) Interest pendent lite

 (d) None of the above

7. 7. 76. After rejection of plaint, whether the plaintiff can institute fresh suit on the same cause of action–

 (a) Can institute another suit

 (b) Can institute another suit with the permission of the High Court (c) Cannot institute another suit

 (d) Both (a) and (b) above

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7. 7. 77. At the first hearing of the suit, the Court must–

 (a) Frame and record the issues

 (b) Ascertain upon what material propositions of fact or of law the parties are at variance

 (c) Record the evidence

 (d) None of the above

7. 7. 78. The Court may frame the issues from–

 (a) Allegations made on oath by the parties, or by any persons present on their behalf, or made by the pleaders of such parties

 (b) Allegations made in the pleadings or in answers to interrogatories delivered in the suit

 (c) The contents of documents produced by either party

 (d) All of the above

7. 7. 79. Under order 7 Rule 11 of the Code. The plaint shall not be rejected–

 (a) Where it is not filed in duplicate

 (b) Where the suit appears from the statement in the plaint to be barred by any law

 (c) Where the plaintiff fails to comply with the provision of Rule 9

 (d) Where it discloses cause of action

7. 7. 80. Application under Order 9 Rule 7 of the Code to set aside the order of ex-parte proceeding may be filed–

 (a) At or before the date of fixed for hearing

 (b) Within 90 days

 (c) Within 45 days

 (d) Within 30 days

7. 7. 81. Which section of the Code prove enforcement of decree against legal representative–

 (a) Section 51

 (b) Section 52

 (c) Section 56

 (d) Section 58

7. 7. 82. Among the following in which section property liable to attachment and sale in execution of decree is provided–

 (a) Section 60

 (b) Section 62

 (c) Section 63

 (d) Section 65

7. 7. 83. A judgment debtor has been arrested, may not release among the following ground–

 (a) Suffering from any serious illness

 (b) Suffering from any infectious or contagious disease

 (c) He is not in a fit state of health to be detained in the civil prison

 (d) None of the above

7. 7. 84. Among the following properties, which shall not be liable for attachment under the Code–

 (a) Government securities

 (b) Bank notes

 (c) A mere right to sue for damages

 (d) All of the above

7. 7. 85. Among the following which section deals with the proceeds of execution-sale to be rateably distributed among decree-holders–

 (a) Section 60

 (b) Section 67

 (c) Section 73

 (d) Section 75

 86. Section which deals with the interpleader suit–

 (a) 38 b 79 C 84 d 88

 87. A decree is passed against the Union of India or a State, execution shall not be issued on any such decree unless it remains unsatisfied for the period of–

 (a) Two months

 (b) Three months

 (c) One months

 (d) Six months

 88. 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 not exceed–  (a) One Thousand

 (b) Two Thousand  (c) Five Thousand (d) Ten Thousand  89. In which of the following cases, the Court may not issue a commission–  (a) To examine any person  (b) To make a partition  (c) To hold a scientific, technical or expert investigation  (d) For execution of a decree  90. Under which of the following circumstances, review of judgment may not lie–  (a) Appeal dismissed  (b) By a decision on a reference from a Court a small causes  (c) By a decree or order from which an appeal is allowed by this code, but from which no appeal has been preferred  (d) By a decree or order from which no appeal is allowed by this code  91. Appellant Court shall not have power–  (a) To remand a case  (b) To determine a case finally  (c) To take additional evidence  (d) None of the above  92. Where an appeal from any order is allowed and such order is made by a Court in the exercise of appellate jurisdiction, than appeal shall lie to–  (a) The Court to which an appeal would lie from the decree in the suit in which such order was made  (b) High Court  (c) Supreme Court  (d) District Court  93. The Limitation Act contains (a)32 Sections  (b) 137Articles  (c) 30 sections d) both (a) & (b) are correct 94. The expression ‘time requisite’ used in section 12(2) of the Limitation Act, 1963 means  a) Maximum time  b) Actual time taken  c) Minimum time taken  d) None of the above 95. Section 15 of the Limitation Act, 1963 applies to  a) Execution proceedings only  b) Suits only  c) Appeals only  d) Both (a) and (b) 96. The law of limitation is  a) Substantive law  b) Procedural law  c) None of these  d) Both Substantive & Procedural law 97. The doctrine which place emphasis on the plaintiff’s duty to exhaust all available grounds in support of his claim–  (a) Estoppels  (b) Res judicata  (c) Principle underlying Order 2 Rule 2 (splitting of claim)  (d) None of the above 98. Remedy available against rejection of plaint is–  (a) Plaintiff may prefer an appeal  (b) Plaintiff may present a fresh plaint in respect of the same cause of action  (c) Either (a) or (b)  (d) None of the above 99. A claim by way of____ may be allowed even if it is time barred when there is a fiduciary relationship between the parties–  (a) An equitable set-off  (b) A legal set off  (c) A counter claim  (d) All of the above 100. A suit filed on behalf of a minor  (a) Cannot be withdrawn  (b) Can be withdrawn as a matter of right  (c) Can be withdrawn only with the leave of the Court  (d) None of the above

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