List of Important CPC 1908 Questions For UP PCS J Exam (Civil Procedure Code)

Author : Tanya Kaushal

Updated On : October 5, 2023

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Reader’s Digest - Ahoy there, fellow UP PCS J aspirants! Are you ready to take on the CPC 1908 question in the UP PCS J Exam? Well, if you are, it might be wise to get your coffee ready because it could be a long & knowledgeable blog! 

With the UP PCS J Exam 2023 scheduled for 12 February 2023, candidates might be roaming to every other website searching for previous years' questions of judiciary exams

Civil Procedure Code 1908 is an integral part of the UP PCS J Exam Syllabus. It is incorporated into the syllabus to ensure that civil disputes are handled fairly and efficiently by Civil Judges. 

CPC sets out the rules of procedure that must be followed in civil cases. It is a comprehensive set of laws governing civil procedure and guides how to go about filing, defending, and resolving civil disputes.

To prepare for this section, candidates should know how to read Bare Act for judiciary exams. They should also read and understand the various provisions of the code and their practical applications. In addition, they should practice mock tests and sample papers to get a good idea of the type of questions asked in the exam.

CPC 1908 Question In UP PCS J Exam (Civil Procedure Code) - Overview

  • The weightage of the Civil Procedure Code topic in the UP PCS J Exam is around 30 to 35% out of the total marks, i.e. 200 marks.
  • As per the expert's analysis, we have observed that the nature of questions asked on this topic is between easy to moderate. But 2 or 3 questions can also be asked from the difficult category also.
  • There are some high-scoring as well as tough topics under the Civil Procedure Code Topic, which each and every candidate should practice in order to score well in the UP PCS J examination.
  • The high-scoring topics are Execution [Section 36-74], Special Proceedings [Section 89-93], Preliminary [Section 01-08], etc.
  • The toughest topics include Suits in General [Section 09-35B], Incidental Proceedings [Section 75-78], Suits in Particular Cases [Section 79-88], etc.
  • The Suits in General [Section 09-35B] Topic is the most important topic in the Civil Procedure Code.

Don’t Miss - 3 Savvy Tips to Make the Best Notes for Civil Procedure Code

What is the Civil Procedure Code of 1908?

  • Civil Procedure Code 1908 is an integral part of the UP PCS J exam, which tests the candidates on their understanding of civil law and procedures.
  • It provides a framework for adjudicating civil disputes and outlines the procedure to be followed while filing a civil suit.
  • It helps to resolve civil disputes quickly, efficiently and cost-effectively.
  • Candidates must understand the principles, provisions and application of this code to clear the UP PCS J exam successfully.
  • It lays down the procedure for filing suits, affidavits, summons, appearances and pleadings, among other relevant matters.
  • It helps to ensure the individual rights of citizens and protect their interests.
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CPC 1908 Question In UP PCS J Exam (Civil Procedure Code) - PYQ

For your reference, we have gathered some of the previous year's judiciary questions based on the UP PCS J syllabus.

Question 1: Under the Code of Civil Procedure, 1908, for the first time, provision for compensatory costs in respect of false or vexatious claims or defences has been made.

(a). Section 35 of the Code

(b). Section 35 (B) of Code

(c). Section 35 (A) of the Code.

(d). Section 34 of the Code.

Answer: (c). Section 35 (A) of the Code.

Question 2: Section 56 of the Civil Procedure Code explicitly prohibits the arrest or detention in civil prison in the execution of a decree of

(a). A sick person

(b). A minor person

(c). A woman

(d). All of these

Answer: (c). A woman.

Question 3: A judgment - debtor is arrested in execution of a decree for the payment of money, and the judgment - debtor pays the amount of the decree and the costs of the arrest to the officer arresting him, such officer:

(a). Shall send the judgment - debtor to civil prison

(b). Shall take judgment - debtor to the court

(c). Shall at once release him

(d). Shall release him after taking security from him

Answer: (c). Shall at once release him.

Question 4: Under C.P.C., which one of the following is liable to attachment and sale in the execution of a decree?

(a). Necessary wearing apparel.

(b). Promissory Notes

(c). Tools of artisan

(d). Books of accounts

Answer: (b). Promissory Notes.

Question 5: Maximum amount which a court may order for payment of compensatory cost in case of false or vexatious claims or defences under the Civil Procedure Code, 1908, is: 

(a). Rs. 10,000

(b). Rs. 3,000

(c). Rs. 25,000

(d). Any Amount

Answer: Rs. 3,000

Question 6: As provided in Section 79 of the Code of Civil Procedure, a suit by the Central Government must be filed in the name of

(a). The President of India

(b). Attorney-General of India

(c). Prime Minister of India

(d). Union of India

Answer: (d). Union of India

Question 7: Which of the following statement is correct?

(1). No suit involving urgent or immediate relief may be instituted against the Central Government except after serving a notice of two months.

(2). A decree against the Union of India may not be executed unless it remains unsatisfied for a period of three months.

(3). Both (1) and (2) are correct

(4). Both (1) and (2) are incorrect

Answer: (3). Both (1) and (2) are correct.

Question 8: Who may apply for reference under Section 113 of the Code of Civil Procedure, 1908:

(a). A party to suit

(b). Court

(c). Both (a) and (b)

(d). None of the above

Answer: (b) Court

Question 9: Under Civil Procedure of Code, when an application for review is dismissed:

(a). An appeal can be filed against Order

(b). No appeal lies

(c). With the permission of the Court, the appeal can be filed against the order.

(d). None of these

Answer: (b). No appeal lies

Question 10: A defendant to whom a summons has been issued may appear

(a). In-person

(b). By a duly recognized agent

(c). By a pleader

(d). All of the above

Answer: (d). All of the above

Question 11: ‘A’ lets a house to ‘B’ at a yearly rent of rupees five hundred. The rent for the whole of the years 1905, 1906, and 1907 is due and unpaid. ‘A’ sues ‘B’ in 1908 only for the rent due for 1906:

(a). ‘A’ can afterwards sue ‘B’ only for the rent due for 1905

(b). ‘A’ can afterwards sue ‘B’ only for the rent due for 1907

(c). ‘A’ can afterwards sue ‘B’ for both the rent due for 1905 and 1907

(d). ‘A’ cannot afterwards sue ‘B’ for the rent due for 1905 and 1907.

Answer: (d). ‘A’ cannot afterwards sue ‘B’ for the rent due for 1905 and 1907. 

Question 12: Which one of the following is a newly added ground for rejection of a plaint under Order VII, Rule 11 of the Code of Civil Procedure (C.P.C.)? 

(a). Non - disclosure of cause of action

(b). Undervaluation of relief claimed

(c). Barred by any law

(d). Plaint not filed in duplicate

Answer: (d). Plaint not filed in duplicate

Question 13: Can a court return the plaint for presentation to the court in which the suit should have been instituted?

(a). At the time of institution of a suit

(b). Before framing of issues

(c). Before the trial begins

(d). At any stage of the suit

Answer: (d). At any stage of the suit

Question 14: Order 7 Rule 1 of the Civil Procedure Code, 1908 is related to

(a). Pleadings meaning

(b). A written statement

(c). Particulars to be contained to plaint

(d). None of the above

Answer: (c). Particulars to be contained to the plaint

Question 15: Making the fact in the issue is:

(a). It is the duty of parties

(b). It is the duty of advocates of parties

(c). It is the duty of the court

(d). It is the duty of the Government Council

Answer: (c). It is the duty of the Court.

Question 16: Under the Civil Procedure Code, issues in a suit are framed in respect of: 

(a). Question of law.

(b). Questions of facts

(c). Mixed questions of fact and law

(d). All of the above

Answer: (d). All of the above

Question 17: A court may not frame issues on the basis of allegations/contents made by the parties:

(a). In pleadings

(b). On oath

(c). In applications

(d). In documents

Answer: (c). In applications

Question 18: In which condition the officer in charge of the prison may refuse to produce the prisoner for evidence despite the court’s order?

(a). Where the prisoner is related to Ruling Party

(b). Where the prisoner is Ex-Minister

(c). Where the prisoner is Government Servant

(d). Where the medical officer has certified the prisoner is unfit to be removed

Answer: (d). Where the medical officer has certified the prisoner is unfit to be removed. 

Question 19: To whom of the following the plea of adverse possession as a defence is available under the Code of Civil Procedure?

(a). To the defendant against the plaintiff

(b). To the plaintiff against the defendant

(c). To both plaintiff and defendant against each other

(d). Neither to the plaintiff nor to the defendant.

Answer: (a). To the defendant against the plaintiff.

Question 20: The maxim “Invito beneficium non datur” (The law confers upon a man no rights or benefits which he does not desire) relates to which of the provision under the Code of Civil Procedure, 1908?

(a). Section 26

(b). Order 6, Rule 1

(c). Section 148 - A.

(d). Order 23, Rule 1

Answer: Order 23, Rule 1

Question 21: Raju dies behind a son Ravi and a married daughter Kavita, a suit filed by Raju after his death, can be continued by:

(a). Ravi alone as a legal representative

(b). Kavita alone as a legal representative

(c). Ravi, Kavita, and her husband as legal representatives

(d). Ravi and Kavita both as legal representative

Answer: (d). Ravi and Kavita both as legal representative

Question 22: Order 21, C.P.C. dealing with the execution of decrees and orders, contains

(a). 100 Rules

(b). 102 Rules

(c). 103 Rules

(d). 106 Rules

Answer: (d). 106 Rules

Question 23: In the execution proceeding before the Trial Court, a person filed an application under Order 21 Rule 97, C.P.C. on grounds that he was the bonafide purchaser of the suit property. His objection

(a). Is Maintainable because he has a bonafide Purchaser

(b). Is not maintainable because his lie pendens prohibits a party from dealing with property which is the subject matter of the suit.

(c). Is maintainable because he has not filed an independent suit

(d). Can be heard only if parties permit.

Answer: (b). It is not maintainable because his lie pendens prohibits a party from dealing with property which is the subject matter of the suit.

Question 24: A decree passed in a suit under Order 37 of CPC without applying for leave to defend may be set aside under:

(a). Order 9, Rule 13 of CPC

(b). Order 37, Rule 4 of CPC

(c). Order 37, Rule of 7 of CPC

(d). Either (a) or (b), or (c)

Answer: (b). Order 37, Rule 4 of CPC

Question 25: By which one of the amendments of C.P.C.'s scope of the summary trial was substantially widened?

(a). CPC (Amendement) Act, 1999

(b). CPC (Amendement) Act, 2002

(c). CPC (Amendement) Act, 1976

(d). None of the above

Answer: (c). CPC (Amendement) Act, 1976

Question 26: A person instituting a suit in the “form of a pauper” is known as:

(a). Intelligent Person

(b). Juristic Person

(c). First Person

(d). Indigent Person

Answer: (d). Indigent Person

Question 27: Whether a minor on attaining majority may, if a sole plaintiff, apply that a suit instituted in his name by the next friend be dismissed on the ground that it was unreasonable or improper?

(a). No

(b). With the consent of the next friend

(c). Yes

(d). Joint applications will lie with the next friend

Answer: (c). Yes

Question 28: Which of the following is not a suit of civil nature?

(a). Suit relating to the right to property

(b). A suit against expulsion from caste

(c). Suit relating to the right of worship

(d). Suit for specific relief

Answer: (b). A suit against expulsion from caste.

Question 29: Courts have jurisdiction to try all suits of a civil nature except suits, the cognizance of which is either expressly or impliedly barred, by virtue of:

(a). Section 7 of the CPC

(b). Section 8 of the CPC

(c). Section 9 of the CPC

(d). Section 6 of the CPC

Answer: (c). Section 9 of the CPC

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Question 30: A files a suit for declaration that he is entitled to certain land as the heir of C. The suit is dismissed. Subsequently, the suit is claimed on the basis of adverse possession. The subsequent suit is barred on the ground of

(a). Constructive res - judicata

(b). Actual res - judicata

(c). Either (a) or (b)

(d). None of the above

Answer: (a). Constructive res - judicata

Question 31: Does the pendency of a civil suit in a foreign Court preclude the courts in India from trying a suit founded on the same cause of action?

(a). Yes

(b). No

(c). Will depend on the nature of the suit

(d). Wild depends on the pecuniary valuation of the suit

Answer: (b). No

Question 32: Under Civil Procedure Code, 1908, the Pleading can be amended 

(a). Before the 1st appellate court

(b). Before the trial court

(c). Before the 2nd appellate court

(d). Before (a) and (c), only

Answer: (b). Before the trial court.

Question 33: The suit was filed on 20.11.2012, and it has been specifically pleaded that the cause of action arose on 6.10.2012. Defendant appeared. And without filling a written statement, he filed an application under Order 7, Rule 11, C.P.C. on the ground that the suit is barred by limitation. State which is the correct legal position.

(a). Application under Order 7, Rule 11, C.P.C. is not maintainable because a written statement should be filed firstly.

(b). Plaint shall be rejected because the suit is barred by the Law of Limitation

(c). Dismissed of the application will be proper. The objection could not be decided without recording evidence of the parties.

(d). Application should be allowed because the plaint does not disclose the correct cause of action.

Answer: (c). Dismissed of the application will be proper. The objection could not be decided without recording evidence of the parties.

Question 34: A suit may be dismissed where

(a). Summons are not served on the defendant in consequence of the failure of the plaintiff to take proper steps like filing of court fees, postal charges, or the requisite number of copies of paint.

(b). Neither party appears when the suit is called on for hearing

(c). Plaintiff, after the summons to the defendant has returned unserved, fails to apply for a fresh summons for seven days.

(d). All of these

Answer: (d). All of these.

Question 35: Under which one of the following sections of the Civil Procedure Code has inherent power been provided to the courts?

(a). Section 151

(b). Section 150

(c). Section 148

(d). Section 149

Answer: (a). Section 151

Question 36: In which one of the following cases is it held that “inherent powers have not been conferred on a court, it is a power inherent in a court”?

(a). Rajani Bai v. Kamla Devi

(b). Satyabrat Biswas v. Kalyan KumarKisku

(c). P.C. Jairath v. Amrit Jairath

(d). Manohar Lal v. Seth Hiralal

Answer: (d). Manohar Lal v. Seth Hiralal

Question 37: A suit may be defeated due to the following:

(a). Non-joinder of a property party

(b). Mis - joinder of a necessary party

(c). Non-joinder of a necessary party

(d). Mis - joinder of a property party

Answer: (c). Non - Joinder of a necessary party.

Question 38: Multifariousness means

(a). Misjoinder of parties.

(b). Non - joinder of parties

(c). Both a and b

(d). Misjoinder of causes of action as well as parties.

Answer: (d). Misjoinder of causes of action as well as parties.

Question 39: Dasti summons for service on the defendant under Civil Procedure Code can be given to the plaintiff under:

(a). Order V, Rule 9 - A

(b). Order IV, Rule 7

(c). Order VI, Rule 6

(d). Order V, Rule 9

Answer: (a). Order V, Rule 9 - A

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Question 40: Which one of the following is not required in filling a representative suit under Order I, Rule 8 of the C.P.C.?

(a). Numerous Parties

(b). Same Interest

(c). Leave of the Court

(d). Written permission of those who are being represented

Answer: (d). Written permission of those who are being represented

Question 41: Where there are more defendants than one, service of the summons shall be made on

(a). Any defendant

(b). Each Defendant

(c). The defendant named first

(d). The defendant named last

Answer: (b) Each Defendant

Question 42: Voluntary amendment is provided for under:

(a). Order 6, Rule 7, C.P.C.

(b). Order 6, Rule 15, C.P.C.

(c). Order 6, Rule 17, C.P.C.

(d). Order 6, Rule 19, C.P.C.

Answer: (c). Order 6, Rule 17, C.P.C.

Question 43: Pleadings can be amended:

(a). Before the trial court only

(b). Before the first appellate court, only

(c). Before either the trial, first, or second appellate court.

(d). Before the second appellate court, only

Answer: (a). Before the trial court only

Question 44: Whether the appeal or revisional court can return the plaint under Order 7, Rule 10, C.P.C., after setting aside the decree?

(a). No

(b). On the technical ground

(c). With the consent of parties

(d). Yes

Answer: (d) Yes

Question 45: Where the defendant is absent at the time when service of summons is sought to be effected on him at his residence, there being no likelihood of his availability within a reasonable time in absence of an empowered agent, the service may be made on:

(a). Any adult male member of his family

(b). Any adult female member of his family

(c). A servant engaged by the defendant at his residence

(d). Both (a) and (b).

Answer: (d) Both (a) and (b).

Question 46: Where the defendant appears, and the plaintiff does not appear when the suit is called for hearing and where a part of the claim is admitted, the Court shall

(a). Dismiss the whole suit

(b). Dismiss the suit so far as it relates to the remainder

(c). Dismiss the decree of the whole claim

(d). Proceed, ex parte (proceedings) against Defendant

Answer: (b). Dismiss the suit so far as it relates to the remainder.

Question 47: Under which provision can the decreed amount may be directed for payment in instalments after passing the decree?

(a). Rule 10 of Order 20 of C.P.C.

(b). Rule 11 of Order 20 of C.P.C.

(c). Rule 12 of Order 20 of C.P.C.

(d). Rule 10 of Order 21 of C.P.C.

Answer: (b). Rule 11 of Order 20 of C.P.C.

Question 48: The sections in the Code of Civil Procedure can be amended by

(a). The Parliament

(b). A High Court

(c). The Court hearing the suit

(d). The parties to the suit

Answer: (a). The Parliament 

Question 49: Civil Procedure Code, 1908 is not applicable to which of the following, namely

(a). Civil Matters

(b). Revenue Matters

(c). Service Matters

(d). Land Law and Local laws

Answer: (d). Land Law and Local laws

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Question 50: The Code of Civil Procedure (Amendment) Act, 2002 came into force on

(a). 1st April 2002

(b). 1st June 2002

(c). 6th June 2022

(d). 1st July 2002

Answer: (d). 1st July 2002

Question 51: In which of the following cases the Supreme Court has upheld the constitutionality of the Code of Civil Procedure (Amendment) Acts of 1999 and 2002? 

(a). Salem Advocate Bar Association, Tamil Nadu v. Union of India

(b). Delhi High Court Bar Association v. Union of India

(c). Allahabad High Court Bar Association v. Union of India

(d). Punjab and Haryana High Court Bar Association v. Union of India

Answer: (a). Salem Advocate Bar Association, Tamil Nadu v. Union of India

Question 52: From which date did the Civil Procedure Code of 1908 become operative?

(a). 1st January 1908

(b). 1st April 1908

(c). 31st December 1908

(d). 1st January 1909

Answer: (d). 1st January 1909

Question 53: The provisions of the Civil Procedure Code

(a). Specifically, apply to write petitions

(b). Do not specifically apply to write petitions

(c). Always apply to write petitions

(d). Never apply to write petitions

Answer: (b). Do not specifically apply to write petitions

Question 54: A decree may be

(a). Preliminary

(b). Final

(c). Partly Preliminary and Partly Final

(d). All of the above

Answer: (d). All of the above

Question 55: A decree becomes final when

(a). It conclusively determines the rights of the parties

(b). No appeal has been preferred against decree

(c). Both (a) and (b)

(d). Neither (a) nor (b).

Answer: (c). Both (a) and (b)

Question 56: Which of the following decision is not a decree?

(a). Order of abatement suit

(b). Dismissal of appeal as time-barred

(c). Rejection of plaint for non-payment of Court fee

(d). An order refusing to set aside the sale

Answer: (d). An order refusing to set aside the sale

Question 57: A judgment shall contain

(a). A concise statement of case

(b). Issues

(c). Decision and reasons for it

(d). All of the above

Answer: (d). All of the above

Question 58: Which of the following statements is not correct?

(a). A decree may be partly preliminary and partly final

(b). Every decree is appealable unless otherwise expressly provided.

(c). Every order is not appealable unless specified in the code.

(d). A decree is an adjudication of a court of law, while an order under the Code of Civil Procedure is not an adjudication of a Court of Law.

Answer: (d). A decree is an adjudication of a court of law, while an order under the Code of Civil Procedure is not an adjudication of a Court of Law. 

Question 59: Decree shall be deemed to include the rejection of a plaint and the determination of any question within Section 144 of C.P.C.

(a). Wrong

(b). Right

(c). It includes rejection of the plaint but does not include the determination of any question within Section 144 of C.P.C.

(d). It includes the determination of any question within Section 144 but shall not include the rejection of a plaint.

Answer: (b). Right

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Question 60: Deemed Decree Implies

(a). Final Judgment of the Court

(b). Final Order of the Court

(c). First Para of the Judgment

(d). Last Para of the Judgment till decree is prepared.

Answer: (d). Last Para of the Judgment till decree is prepared.

Question 61: “Decree Holder” means any person in whose favour a decree has been passed or an order capable of execution has been made. This definition of the term ‘decree holder’ is mentioned under:

(a). Section 2 (2), C.P.C.

(b). Section 2 (3), C.P.C.

(c). Section 2 (4), C.P.C.

(d). Section 2 (d), C.P.C.

Answer: (b). Section 2 (3), C.P.C.

Question 62: Judgment under Section 2 (9) of the Code of Civil Procedure, 1908 means

(a). A decree

(b). Dismissal of appeal summarily

(c). Statement of grounds of an order or decree

(d). All of the above

Answer: (c). Statement of grounds of an order or decree

Question 63: The provisions relating to mesne profits are provided in which section of Civil Procedure Code, 1908?

(a). Section 2 (10)

(b). Section 2 (12)

(c). Section 2 (14)

(d). Section 2 (16)

Answer: (b). Section 2 (12)

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Question 64: Which of the following is not an essential element of a decree?

(a). Conclusive determination of the rights of the parties

(b). A formal expression of an adjudication

(c). An adjudication from which an appeal lies as an appeal from an order

(d). The Adjudication must have been given in a suit

Answer: (c). An adjudication from which an appeal lies as an appeal from an order

Question 65: In case facts in issue relating to possession, ownership, jurisdiction, valuation of the case, and court fee are made. What fact in issue/ issues is decided earlier?

(a). Fact in issue relating to ownership

(b). Fact in issue relating to possession

(c). Fact in issue relating to jurisdiction

(d). Fact in issue relating to court fees and valuation of the case.

Answer: (c). Fact in issue relating to jurisdiction

Question 66: According to Section 2 (5) of the Civil Procedure Code, ‘Foreign Court’ means:

(a). A court situated outside India and established under the authority of the Government of India.

(b). A court situated outside India and not established under the authority of the Government of India.

(c). A court situated in India applying foreign law

(d). All of the above.

Answer: (b). A court situated outside India and not established under the authority of the Government of India.

Question 67: Which of the following sections of the Civil Procedure Code is related to the pecuniary jurisdiction of the Civil Court?

(a). Section 4

(b). Section 5

(c). Section 6

(d). None of these

Answer: (c). Section 6

Question 68: Which of the following is not a suit of civil nature

(a). A suit in which the right to property is contested

(b). A suit to which the right to an office is contested

(c). A suit by a member of a caste for his exclusion from the invitation to the caste dinner.

(d). A suit by a member of a caste for his expulsion from the caste.

Answer: (d). A suit by a member of a caste for his expulsion from the caste.

Question 69: Whether the pendency of a suit in a foreign court will preclude courts in India from trying a suit founded on the same cause of action?

(a). Yes

(b). No

(c). Only the High Court can try

(d). Only the Supreme Court can try

Answer: (b). No

Question 70: In which section of the CPC provision relating to a “suit of a Civil nature” has been provided?

(a). Section 8

(b). Section 9

(c). Section 10

(d). Section 11

Answer: (b). Section 9

Conclusion 

We hope this blog solves all your doubts about the CPC 1908 Question In UP PCS J Exam (Civil Procedure Code). Happy Reading!

Frequently Asked Questions

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List of Important CPC 1908 Questions For UP PCS J Exam (Civil Procedure Code)

Author : Tanya Kaushal

October 5, 2023

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Reader’s Digest - Ahoy there, fellow UP PCS J aspirants! Are you ready to take on the CPC 1908 question in the UP PCS J Exam? Well, if you are, it might be wise to get your coffee ready because it could be a long & knowledgeable blog! 

With the UP PCS J Exam 2023 scheduled for 12 February 2023, candidates might be roaming to every other website searching for previous years' questions of judiciary exams

Civil Procedure Code 1908 is an integral part of the UP PCS J Exam Syllabus. It is incorporated into the syllabus to ensure that civil disputes are handled fairly and efficiently by Civil Judges. 

CPC sets out the rules of procedure that must be followed in civil cases. It is a comprehensive set of laws governing civil procedure and guides how to go about filing, defending, and resolving civil disputes.

To prepare for this section, candidates should know how to read Bare Act for judiciary exams. They should also read and understand the various provisions of the code and their practical applications. In addition, they should practice mock tests and sample papers to get a good idea of the type of questions asked in the exam.

CPC 1908 Question In UP PCS J Exam (Civil Procedure Code) - Overview

  • The weightage of the Civil Procedure Code topic in the UP PCS J Exam is around 30 to 35% out of the total marks, i.e. 200 marks.
  • As per the expert's analysis, we have observed that the nature of questions asked on this topic is between easy to moderate. But 2 or 3 questions can also be asked from the difficult category also.
  • There are some high-scoring as well as tough topics under the Civil Procedure Code Topic, which each and every candidate should practice in order to score well in the UP PCS J examination.
  • The high-scoring topics are Execution [Section 36-74], Special Proceedings [Section 89-93], Preliminary [Section 01-08], etc.
  • The toughest topics include Suits in General [Section 09-35B], Incidental Proceedings [Section 75-78], Suits in Particular Cases [Section 79-88], etc.
  • The Suits in General [Section 09-35B] Topic is the most important topic in the Civil Procedure Code.

Don’t Miss - 3 Savvy Tips to Make the Best Notes for Civil Procedure Code

What is the Civil Procedure Code of 1908?

  • Civil Procedure Code 1908 is an integral part of the UP PCS J exam, which tests the candidates on their understanding of civil law and procedures.
  • It provides a framework for adjudicating civil disputes and outlines the procedure to be followed while filing a civil suit.
  • It helps to resolve civil disputes quickly, efficiently and cost-effectively.
  • Candidates must understand the principles, provisions and application of this code to clear the UP PCS J exam successfully.
  • It lays down the procedure for filing suits, affidavits, summons, appearances and pleadings, among other relevant matters.
  • It helps to ensure the individual rights of citizens and protect their interests.
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CPC 1908 Question In UP PCS J Exam (Civil Procedure Code) - PYQ

For your reference, we have gathered some of the previous year's judiciary questions based on the UP PCS J syllabus.

Question 1: Under the Code of Civil Procedure, 1908, for the first time, provision for compensatory costs in respect of false or vexatious claims or defences has been made.

(a). Section 35 of the Code

(b). Section 35 (B) of Code

(c). Section 35 (A) of the Code.

(d). Section 34 of the Code.

Answer: (c). Section 35 (A) of the Code.

Question 2: Section 56 of the Civil Procedure Code explicitly prohibits the arrest or detention in civil prison in the execution of a decree of

(a). A sick person

(b). A minor person

(c). A woman

(d). All of these

Answer: (c). A woman.

Question 3: A judgment - debtor is arrested in execution of a decree for the payment of money, and the judgment - debtor pays the amount of the decree and the costs of the arrest to the officer arresting him, such officer:

(a). Shall send the judgment - debtor to civil prison

(b). Shall take judgment - debtor to the court

(c). Shall at once release him

(d). Shall release him after taking security from him

Answer: (c). Shall at once release him.

Question 4: Under C.P.C., which one of the following is liable to attachment and sale in the execution of a decree?

(a). Necessary wearing apparel.

(b). Promissory Notes

(c). Tools of artisan

(d). Books of accounts

Answer: (b). Promissory Notes.

Question 5: Maximum amount which a court may order for payment of compensatory cost in case of false or vexatious claims or defences under the Civil Procedure Code, 1908, is: 

(a). Rs. 10,000

(b). Rs. 3,000

(c). Rs. 25,000

(d). Any Amount

Answer: Rs. 3,000

Question 6: As provided in Section 79 of the Code of Civil Procedure, a suit by the Central Government must be filed in the name of

(a). The President of India

(b). Attorney-General of India

(c). Prime Minister of India

(d). Union of India

Answer: (d). Union of India

Question 7: Which of the following statement is correct?

(1). No suit involving urgent or immediate relief may be instituted against the Central Government except after serving a notice of two months.

(2). A decree against the Union of India may not be executed unless it remains unsatisfied for a period of three months.

(3). Both (1) and (2) are correct

(4). Both (1) and (2) are incorrect

Answer: (3). Both (1) and (2) are correct.

Question 8: Who may apply for reference under Section 113 of the Code of Civil Procedure, 1908:

(a). A party to suit

(b). Court

(c). Both (a) and (b)

(d). None of the above

Answer: (b) Court

Question 9: Under Civil Procedure of Code, when an application for review is dismissed:

(a). An appeal can be filed against Order

(b). No appeal lies

(c). With the permission of the Court, the appeal can be filed against the order.

(d). None of these

Answer: (b). No appeal lies

Question 10: A defendant to whom a summons has been issued may appear

(a). In-person

(b). By a duly recognized agent

(c). By a pleader

(d). All of the above

Answer: (d). All of the above

Question 11: ‘A’ lets a house to ‘B’ at a yearly rent of rupees five hundred. The rent for the whole of the years 1905, 1906, and 1907 is due and unpaid. ‘A’ sues ‘B’ in 1908 only for the rent due for 1906:

(a). ‘A’ can afterwards sue ‘B’ only for the rent due for 1905

(b). ‘A’ can afterwards sue ‘B’ only for the rent due for 1907

(c). ‘A’ can afterwards sue ‘B’ for both the rent due for 1905 and 1907

(d). ‘A’ cannot afterwards sue ‘B’ for the rent due for 1905 and 1907.

Answer: (d). ‘A’ cannot afterwards sue ‘B’ for the rent due for 1905 and 1907. 

Question 12: Which one of the following is a newly added ground for rejection of a plaint under Order VII, Rule 11 of the Code of Civil Procedure (C.P.C.)? 

(a). Non - disclosure of cause of action

(b). Undervaluation of relief claimed

(c). Barred by any law

(d). Plaint not filed in duplicate

Answer: (d). Plaint not filed in duplicate

Question 13: Can a court return the plaint for presentation to the court in which the suit should have been instituted?

(a). At the time of institution of a suit

(b). Before framing of issues

(c). Before the trial begins

(d). At any stage of the suit

Answer: (d). At any stage of the suit

Question 14: Order 7 Rule 1 of the Civil Procedure Code, 1908 is related to

(a). Pleadings meaning

(b). A written statement

(c). Particulars to be contained to plaint

(d). None of the above

Answer: (c). Particulars to be contained to the plaint

Question 15: Making the fact in the issue is:

(a). It is the duty of parties

(b). It is the duty of advocates of parties

(c). It is the duty of the court

(d). It is the duty of the Government Council

Answer: (c). It is the duty of the Court.

Question 16: Under the Civil Procedure Code, issues in a suit are framed in respect of: 

(a). Question of law.

(b). Questions of facts

(c). Mixed questions of fact and law

(d). All of the above

Answer: (d). All of the above

Question 17: A court may not frame issues on the basis of allegations/contents made by the parties:

(a). In pleadings

(b). On oath

(c). In applications

(d). In documents

Answer: (c). In applications

Question 18: In which condition the officer in charge of the prison may refuse to produce the prisoner for evidence despite the court’s order?

(a). Where the prisoner is related to Ruling Party

(b). Where the prisoner is Ex-Minister

(c). Where the prisoner is Government Servant

(d). Where the medical officer has certified the prisoner is unfit to be removed

Answer: (d). Where the medical officer has certified the prisoner is unfit to be removed. 

Question 19: To whom of the following the plea of adverse possession as a defence is available under the Code of Civil Procedure?

(a). To the defendant against the plaintiff

(b). To the plaintiff against the defendant

(c). To both plaintiff and defendant against each other

(d). Neither to the plaintiff nor to the defendant.

Answer: (a). To the defendant against the plaintiff.

Question 20: The maxim “Invito beneficium non datur” (The law confers upon a man no rights or benefits which he does not desire) relates to which of the provision under the Code of Civil Procedure, 1908?

(a). Section 26

(b). Order 6, Rule 1

(c). Section 148 - A.

(d). Order 23, Rule 1

Answer: Order 23, Rule 1

Question 21: Raju dies behind a son Ravi and a married daughter Kavita, a suit filed by Raju after his death, can be continued by:

(a). Ravi alone as a legal representative

(b). Kavita alone as a legal representative

(c). Ravi, Kavita, and her husband as legal representatives

(d). Ravi and Kavita both as legal representative

Answer: (d). Ravi and Kavita both as legal representative

Question 22: Order 21, C.P.C. dealing with the execution of decrees and orders, contains

(a). 100 Rules

(b). 102 Rules

(c). 103 Rules

(d). 106 Rules

Answer: (d). 106 Rules

Question 23: In the execution proceeding before the Trial Court, a person filed an application under Order 21 Rule 97, C.P.C. on grounds that he was the bonafide purchaser of the suit property. His objection

(a). Is Maintainable because he has a bonafide Purchaser

(b). Is not maintainable because his lie pendens prohibits a party from dealing with property which is the subject matter of the suit.

(c). Is maintainable because he has not filed an independent suit

(d). Can be heard only if parties permit.

Answer: (b). It is not maintainable because his lie pendens prohibits a party from dealing with property which is the subject matter of the suit.

Question 24: A decree passed in a suit under Order 37 of CPC without applying for leave to defend may be set aside under:

(a). Order 9, Rule 13 of CPC

(b). Order 37, Rule 4 of CPC

(c). Order 37, Rule of 7 of CPC

(d). Either (a) or (b), or (c)

Answer: (b). Order 37, Rule 4 of CPC

Question 25: By which one of the amendments of C.P.C.'s scope of the summary trial was substantially widened?

(a). CPC (Amendement) Act, 1999

(b). CPC (Amendement) Act, 2002

(c). CPC (Amendement) Act, 1976

(d). None of the above

Answer: (c). CPC (Amendement) Act, 1976

Question 26: A person instituting a suit in the “form of a pauper” is known as:

(a). Intelligent Person

(b). Juristic Person

(c). First Person

(d). Indigent Person

Answer: (d). Indigent Person

Question 27: Whether a minor on attaining majority may, if a sole plaintiff, apply that a suit instituted in his name by the next friend be dismissed on the ground that it was unreasonable or improper?

(a). No

(b). With the consent of the next friend

(c). Yes

(d). Joint applications will lie with the next friend

Answer: (c). Yes

Question 28: Which of the following is not a suit of civil nature?

(a). Suit relating to the right to property

(b). A suit against expulsion from caste

(c). Suit relating to the right of worship

(d). Suit for specific relief

Answer: (b). A suit against expulsion from caste.

Question 29: Courts have jurisdiction to try all suits of a civil nature except suits, the cognizance of which is either expressly or impliedly barred, by virtue of:

(a). Section 7 of the CPC

(b). Section 8 of the CPC

(c). Section 9 of the CPC

(d). Section 6 of the CPC

Answer: (c). Section 9 of the CPC

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Question 30: A files a suit for declaration that he is entitled to certain land as the heir of C. The suit is dismissed. Subsequently, the suit is claimed on the basis of adverse possession. The subsequent suit is barred on the ground of

(a). Constructive res - judicata

(b). Actual res - judicata

(c). Either (a) or (b)

(d). None of the above

Answer: (a). Constructive res - judicata

Question 31: Does the pendency of a civil suit in a foreign Court preclude the courts in India from trying a suit founded on the same cause of action?

(a). Yes

(b). No

(c). Will depend on the nature of the suit

(d). Wild depends on the pecuniary valuation of the suit

Answer: (b). No

Question 32: Under Civil Procedure Code, 1908, the Pleading can be amended 

(a). Before the 1st appellate court

(b). Before the trial court

(c). Before the 2nd appellate court

(d). Before (a) and (c), only

Answer: (b). Before the trial court.

Question 33: The suit was filed on 20.11.2012, and it has been specifically pleaded that the cause of action arose on 6.10.2012. Defendant appeared. And without filling a written statement, he filed an application under Order 7, Rule 11, C.P.C. on the ground that the suit is barred by limitation. State which is the correct legal position.

(a). Application under Order 7, Rule 11, C.P.C. is not maintainable because a written statement should be filed firstly.

(b). Plaint shall be rejected because the suit is barred by the Law of Limitation

(c). Dismissed of the application will be proper. The objection could not be decided without recording evidence of the parties.

(d). Application should be allowed because the plaint does not disclose the correct cause of action.

Answer: (c). Dismissed of the application will be proper. The objection could not be decided without recording evidence of the parties.

Question 34: A suit may be dismissed where

(a). Summons are not served on the defendant in consequence of the failure of the plaintiff to take proper steps like filing of court fees, postal charges, or the requisite number of copies of paint.

(b). Neither party appears when the suit is called on for hearing

(c). Plaintiff, after the summons to the defendant has returned unserved, fails to apply for a fresh summons for seven days.

(d). All of these

Answer: (d). All of these.

Question 35: Under which one of the following sections of the Civil Procedure Code has inherent power been provided to the courts?

(a). Section 151

(b). Section 150

(c). Section 148

(d). Section 149

Answer: (a). Section 151

Question 36: In which one of the following cases is it held that “inherent powers have not been conferred on a court, it is a power inherent in a court”?

(a). Rajani Bai v. Kamla Devi

(b). Satyabrat Biswas v. Kalyan KumarKisku

(c). P.C. Jairath v. Amrit Jairath

(d). Manohar Lal v. Seth Hiralal

Answer: (d). Manohar Lal v. Seth Hiralal

Question 37: A suit may be defeated due to the following:

(a). Non-joinder of a property party

(b). Mis - joinder of a necessary party

(c). Non-joinder of a necessary party

(d). Mis - joinder of a property party

Answer: (c). Non - Joinder of a necessary party.

Question 38: Multifariousness means

(a). Misjoinder of parties.

(b). Non - joinder of parties

(c). Both a and b

(d). Misjoinder of causes of action as well as parties.

Answer: (d). Misjoinder of causes of action as well as parties.

Question 39: Dasti summons for service on the defendant under Civil Procedure Code can be given to the plaintiff under:

(a). Order V, Rule 9 - A

(b). Order IV, Rule 7

(c). Order VI, Rule 6

(d). Order V, Rule 9

Answer: (a). Order V, Rule 9 - A

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Question 40: Which one of the following is not required in filling a representative suit under Order I, Rule 8 of the C.P.C.?

(a). Numerous Parties

(b). Same Interest

(c). Leave of the Court

(d). Written permission of those who are being represented

Answer: (d). Written permission of those who are being represented

Question 41: Where there are more defendants than one, service of the summons shall be made on

(a). Any defendant

(b). Each Defendant

(c). The defendant named first

(d). The defendant named last

Answer: (b) Each Defendant

Question 42: Voluntary amendment is provided for under:

(a). Order 6, Rule 7, C.P.C.

(b). Order 6, Rule 15, C.P.C.

(c). Order 6, Rule 17, C.P.C.

(d). Order 6, Rule 19, C.P.C.

Answer: (c). Order 6, Rule 17, C.P.C.

Question 43: Pleadings can be amended:

(a). Before the trial court only

(b). Before the first appellate court, only

(c). Before either the trial, first, or second appellate court.

(d). Before the second appellate court, only

Answer: (a). Before the trial court only

Question 44: Whether the appeal or revisional court can return the plaint under Order 7, Rule 10, C.P.C., after setting aside the decree?

(a). No

(b). On the technical ground

(c). With the consent of parties

(d). Yes

Answer: (d) Yes

Question 45: Where the defendant is absent at the time when service of summons is sought to be effected on him at his residence, there being no likelihood of his availability within a reasonable time in absence of an empowered agent, the service may be made on:

(a). Any adult male member of his family

(b). Any adult female member of his family

(c). A servant engaged by the defendant at his residence

(d). Both (a) and (b).

Answer: (d) Both (a) and (b).

Question 46: Where the defendant appears, and the plaintiff does not appear when the suit is called for hearing and where a part of the claim is admitted, the Court shall

(a). Dismiss the whole suit

(b). Dismiss the suit so far as it relates to the remainder

(c). Dismiss the decree of the whole claim

(d). Proceed, ex parte (proceedings) against Defendant

Answer: (b). Dismiss the suit so far as it relates to the remainder.

Question 47: Under which provision can the decreed amount may be directed for payment in instalments after passing the decree?

(a). Rule 10 of Order 20 of C.P.C.

(b). Rule 11 of Order 20 of C.P.C.

(c). Rule 12 of Order 20 of C.P.C.

(d). Rule 10 of Order 21 of C.P.C.

Answer: (b). Rule 11 of Order 20 of C.P.C.

Question 48: The sections in the Code of Civil Procedure can be amended by

(a). The Parliament

(b). A High Court

(c). The Court hearing the suit

(d). The parties to the suit

Answer: (a). The Parliament 

Question 49: Civil Procedure Code, 1908 is not applicable to which of the following, namely

(a). Civil Matters

(b). Revenue Matters

(c). Service Matters

(d). Land Law and Local laws

Answer: (d). Land Law and Local laws

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Question 50: The Code of Civil Procedure (Amendment) Act, 2002 came into force on

(a). 1st April 2002

(b). 1st June 2002

(c). 6th June 2022

(d). 1st July 2002

Answer: (d). 1st July 2002

Question 51: In which of the following cases the Supreme Court has upheld the constitutionality of the Code of Civil Procedure (Amendment) Acts of 1999 and 2002? 

(a). Salem Advocate Bar Association, Tamil Nadu v. Union of India

(b). Delhi High Court Bar Association v. Union of India

(c). Allahabad High Court Bar Association v. Union of India

(d). Punjab and Haryana High Court Bar Association v. Union of India

Answer: (a). Salem Advocate Bar Association, Tamil Nadu v. Union of India

Question 52: From which date did the Civil Procedure Code of 1908 become operative?

(a). 1st January 1908

(b). 1st April 1908

(c). 31st December 1908

(d). 1st January 1909

Answer: (d). 1st January 1909

Question 53: The provisions of the Civil Procedure Code

(a). Specifically, apply to write petitions

(b). Do not specifically apply to write petitions

(c). Always apply to write petitions

(d). Never apply to write petitions

Answer: (b). Do not specifically apply to write petitions

Question 54: A decree may be

(a). Preliminary

(b). Final

(c). Partly Preliminary and Partly Final

(d). All of the above

Answer: (d). All of the above

Question 55: A decree becomes final when

(a). It conclusively determines the rights of the parties

(b). No appeal has been preferred against decree

(c). Both (a) and (b)

(d). Neither (a) nor (b).

Answer: (c). Both (a) and (b)

Question 56: Which of the following decision is not a decree?

(a). Order of abatement suit

(b). Dismissal of appeal as time-barred

(c). Rejection of plaint for non-payment of Court fee

(d). An order refusing to set aside the sale

Answer: (d). An order refusing to set aside the sale

Question 57: A judgment shall contain

(a). A concise statement of case

(b). Issues

(c). Decision and reasons for it

(d). All of the above

Answer: (d). All of the above

Question 58: Which of the following statements is not correct?

(a). A decree may be partly preliminary and partly final

(b). Every decree is appealable unless otherwise expressly provided.

(c). Every order is not appealable unless specified in the code.

(d). A decree is an adjudication of a court of law, while an order under the Code of Civil Procedure is not an adjudication of a Court of Law.

Answer: (d). A decree is an adjudication of a court of law, while an order under the Code of Civil Procedure is not an adjudication of a Court of Law. 

Question 59: Decree shall be deemed to include the rejection of a plaint and the determination of any question within Section 144 of C.P.C.

(a). Wrong

(b). Right

(c). It includes rejection of the plaint but does not include the determination of any question within Section 144 of C.P.C.

(d). It includes the determination of any question within Section 144 but shall not include the rejection of a plaint.

Answer: (b). Right

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Question 60: Deemed Decree Implies

(a). Final Judgment of the Court

(b). Final Order of the Court

(c). First Para of the Judgment

(d). Last Para of the Judgment till decree is prepared.

Answer: (d). Last Para of the Judgment till decree is prepared.

Question 61: “Decree Holder” means any person in whose favour a decree has been passed or an order capable of execution has been made. This definition of the term ‘decree holder’ is mentioned under:

(a). Section 2 (2), C.P.C.

(b). Section 2 (3), C.P.C.

(c). Section 2 (4), C.P.C.

(d). Section 2 (d), C.P.C.

Answer: (b). Section 2 (3), C.P.C.

Question 62: Judgment under Section 2 (9) of the Code of Civil Procedure, 1908 means

(a). A decree

(b). Dismissal of appeal summarily

(c). Statement of grounds of an order or decree

(d). All of the above

Answer: (c). Statement of grounds of an order or decree

Question 63: The provisions relating to mesne profits are provided in which section of Civil Procedure Code, 1908?

(a). Section 2 (10)

(b). Section 2 (12)

(c). Section 2 (14)

(d). Section 2 (16)

Answer: (b). Section 2 (12)

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Question 64: Which of the following is not an essential element of a decree?

(a). Conclusive determination of the rights of the parties

(b). A formal expression of an adjudication

(c). An adjudication from which an appeal lies as an appeal from an order

(d). The Adjudication must have been given in a suit

Answer: (c). An adjudication from which an appeal lies as an appeal from an order

Question 65: In case facts in issue relating to possession, ownership, jurisdiction, valuation of the case, and court fee are made. What fact in issue/ issues is decided earlier?

(a). Fact in issue relating to ownership

(b). Fact in issue relating to possession

(c). Fact in issue relating to jurisdiction

(d). Fact in issue relating to court fees and valuation of the case.

Answer: (c). Fact in issue relating to jurisdiction

Question 66: According to Section 2 (5) of the Civil Procedure Code, ‘Foreign Court’ means:

(a). A court situated outside India and established under the authority of the Government of India.

(b). A court situated outside India and not established under the authority of the Government of India.

(c). A court situated in India applying foreign law

(d). All of the above.

Answer: (b). A court situated outside India and not established under the authority of the Government of India.

Question 67: Which of the following sections of the Civil Procedure Code is related to the pecuniary jurisdiction of the Civil Court?

(a). Section 4

(b). Section 5

(c). Section 6

(d). None of these

Answer: (c). Section 6

Question 68: Which of the following is not a suit of civil nature

(a). A suit in which the right to property is contested

(b). A suit to which the right to an office is contested

(c). A suit by a member of a caste for his exclusion from the invitation to the caste dinner.

(d). A suit by a member of a caste for his expulsion from the caste.

Answer: (d). A suit by a member of a caste for his expulsion from the caste.

Question 69: Whether the pendency of a suit in a foreign court will preclude courts in India from trying a suit founded on the same cause of action?

(a). Yes

(b). No

(c). Only the High Court can try

(d). Only the Supreme Court can try

Answer: (b). No

Question 70: In which section of the CPC provision relating to a “suit of a Civil nature” has been provided?

(a). Section 8

(b). Section 9

(c). Section 10

(d). Section 11

Answer: (b). Section 9

Conclusion 

We hope this blog solves all your doubts about the CPC 1908 Question In UP PCS J Exam (Civil Procedure Code). Happy Reading!

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