UPHJS2018-2
Main Exam

Q.14 Explain the law relating to stay of suit and consolidation of suit with reference to the provisions of the code of civil procedure [10 marks]

Answer and Notes

UPHJS2016
Pre. Exam

71. Rejection of plaint is a :
(a) decree
(b) order
(c) both (a) and (b)
(d) neither (a) nor (b)

Answer and Notes Answer is A


Sandeep: According to section 2 (2) of CPC rejection of plaint is a deemed decree.

UPHJS2016
Pre. Exam

88. In every plaint facts shall be proved by :
(a) verification
(b) affidavit
(c) on oath
(d) all of above

Answer and Notes Answer is B


Sandeep : According to Section 26 (2) of CPC every plaint shall be proved by affidavit

UPHJS2016
Pre. Exam

97. Where two or more courts have the jurisdiction, the jurisdiction of a civil court under Section 20 CPC :
(a) Can be excluded by a clear agreement between the parties.
(b) Cannot be excluded under any circumstance.
(c) Can be excluded by a Court"s order.
(d) None of the above.

Answer and Notes Answer is A


Sandeep : If two are more courts have a jurisdiction to try the suit, it is open to the parties to select a particular forum & exclude the other forum.

UPHJS2012
Pre. Exam

34. Parties by their consent/ agreement-
(A) can confer jurisdiction on a court where there is none in law
(B) can oust the jurisdiction of a court when there is one in law
(C) can oust the jurisdiction of one of the courts when there are two courts having simultaneous jurisdiction in law
(D) All the above.

Answer and Notes Answer is C



UPHJS2012
Pre. Exam

50. Who amongst the following is not a ‘public officer’ within the meaning of section 2(17) of CPC?
(A) A Judge
(B) A person in service under the pay of Government
(C) Sarpanch of a Gram Panchayat
(D) None of the above.

Answer and Notes Answer is C



UPHJS2014
Pre. Exam

64. Which of the following is/are decree/s?
(A) Order of abatement of a suit
(B) Dismissal of appeal as time barred.
(C) Dismissal of suit for want of evidence.
(D) All of the above

Answer and Notes Answer is D

UPHJS2012
Pre. Exam

54. A suit for compensation for wrong done to the person or to moveable property, where the wrong was done within the local jurisdiction of one court and the defendant resides within the local limits of another court
(A) can be instituted in the court within whose local jurisdiction the wrong has been committed
(B) can be instituted in the court within whose local jurisdiction the defendant resides
(C) Either (A) or (B) at the option of the plaintiff
(D) can be instituted anywhere in India.

Answer and Notes Answer is C



UPHJS2014
Pre. Exam

65. Judge is defined as the presiding officer of a civil court under __________________ of the code of civil procedure, 1908
(A) Section 2 (8)
(B) Section 2 (4)
(C) Section 2 (5)
(D) Section 2 (2)

Answer and Notes Answer is A

UPHJS2018-1
Pre. Exam

23. In which of the following cases, did the Supreme Court uphold the validity of the Code of Civil Procedure Amendment Acts of 1999 and 2002 :
(a) Delhi H.C. Bar Association v. UOI
(b) Allahabad H.C. Bar Association v. UOI
(c) Salem Advocate Bar Association v. UOl
(d) P&H H.C. Bar Association v. UOI

Answer and Notes Answer is C


UPHJS2014
Pre. Exam

77. If two suits between same parties involve same subject matter and same question then…………………..suit/s should be stayed.
(A) Former
(B) Subsequent
(C) Both
(D) None of the above

Answer and Notes Answer is B

UPHJS2018-1
Pre. Exam

76. The Code of Civil Procedure, 1908 extends to the :
(a) whole of India
(b) whole of India, except the State of Jammu and Kashmir
(c) whole of India, except the Scheduled Areas and State of Jammu and Kashmir
(d) whole of India, except the State of Jammu and Kashmir and Tribal Areas

Answer and Notes Answer is D

Explanation : According to section 1 of CPC it extends to the whole of India except (a) the State of Jammu and Kashmir & (b) the State of Nagaland and the tribal areas.

UPHJS2018-1
Pre. Exam

77. A preliminary decree :
(a) Determines the rights of the parties with regard to some or one of the matters in controversy in the suit but does not completely dispose of the suit.
(b) Is a stage in working out the rights of the parties which are to be finally adjudicated by a final decree
(c) Both (a) and (b)
(d) Neither (a) nor (b)

Answer and Notes Answer is C


Explanation : According to section 2(2) of Code of Civil Procedure a decree mat be preliminary or final A decree is preliminary when further proceedings have to be taken before the suit can be completely disposed of. Such a decree determines the rights of the parnes with regard to some or one of the matters in controversy in the suit but does not completely dispose of the suit.
The code presides tor passing of preliminary decree in the following :
(5) Suns for possession & mense profit - Order 20, R-12
(a) Administration suit - Order 20, R-13
!iii) Suit for pre-empoon - Order 20, R-14
(hr) Suit for dissoluion of partnership - Order 20, R-15
(v) Suit for accounts between principal & agents - Order 20.R-16
(vi) Suit for partition & separate possession - Order 20, R-18
(viijSun for foreclosure of mortgage - Order 34, R-2-3
(viii) Suit for sale of mortgaged property - Order 34, R-4-5
fa) Sun for redemption of a mortgage - Order 34, R-7-8


UPHJS2009
Pre. Exam

30. Which of the following is a leading case on the exclution of the jurisdiction of civil courts?
(A) Dhulabhai V. State of M.P.
(B) Gundaji V. Ramchandra
(C) Noor Mohd. Khan V. Fakirappa
(D) All of the above

Answer and Notes Answer is D

UPHJS2016
Pre. Exam

5. Petitions of the Supreme Court under Article 32 of Constitution are subject to the rule of Res Judicata except:
(a) Quo Warranto
(b) Habeas Corpus
(c) Certiorari
(d) Prohibition

Answer and Notes Answer is B


Sandeep : It was held in case G.K Dudani k S.D. Sharma & Daryab Singh v. State of UP( 1961) that rule of res-judicata is not applicable on the writ of Habeas Corpus.


UPHJS2016
Pre. Exam

9. Which of the following is not an essential element of a decree :
(a) A formal expression of adjudication
(b) Conclusive determination of the rights of the parties
(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 and Notes Answer is C


Sandeep : According to section 2(2) of CPC "decree" means the formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit and may be either preliminary or final. It shall be deemed to include the rejection of a plaint and the determination of any question within section 144. but shall not include:
(a) any adjudication from which an appeal lies as an appeal from an order, or
(b) any order of dismissal for default.


UPHJS2014
Pre. Exam

66. Principle of res judicata applies to……………
(A) Suits only
(B) Execution proceedings only
(C) Arbitration proceedings only
(D) Suits as well as execution proceedings

Answer and Notes Answer is D

explanation 7 of section 11 CPC

UPHJS2018-II
Pre. Exam

7. Which of the following is correct statement in so far as section 20 of the Code of Civil Procedure, 1908, is concerned?

(a) the suit has to be instituted in the Court of the lowest grade competent to try it

(b) The suit has to be instituted in the Court within the local limits of whose jurisdiction the defendant actually and voluntarily resides or carries on business
or personally works for gain

(c) The suit has to be instituted in the Court within the local limits of whose jurisdiction, the cause of action wholly or in part arises

(d) All the above are correct

Answer and Notes Answer is A



Explanation: This question was deleted by the High Court.

UPHJS2018-II
Pre. Exam

17. A is a furniture producer at Saharanpur. B carrries on business at Varanasi. B through his agent at Saharanpur, buys hundred chairs from A and requires A to deliver them to C at Saharanpur. B fails to pay the price of the chairs purchased.

(a) A may file suit only at Saharanpur
(b) A may file suit only at Varanasi
(c) A may file suit either in Saharanpur or at Varanasi
(d) A may file a civil suit at Lucknow being capital "of the Uttar Pradesh

Answer and Notes Answer is C



Explanation: In this problem the place of contract is Saharanpur therefore, the cause of action arose at Saharanpur. It must be noted that �B" carried on business at Varanasi but in this particular instance "B" contracted through his agent at Saharanpur. Since the Principal is deemed to act through his agent, therefore, he is deemed to carryon his business through his agent at Saharanpur. Now, if we apply section 20 of Code of Civil Procedure the position of law vis-a-vis given situation is that suit can be instituted either where cause of action arose or where the defendant carries on his business. Contract was made in Saharanpur so the cause of action was at Saharanpur. Defendant "B" carried on his business at Varanasi.Therefore, the suit can be instituted at Saharanpur or at Varanasi.