Civil Procedure Code (CPC 1908)

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📘 Comprehensive Syllabus & Examination Guide

Civil Procedure Code (CPC 1908)

Official curriculum roadmap, subject/topic distribution, negative marking rules, pacing guidelines, and solved sample questions.

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10 MCQs
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Civil Procedure Code (CPC 1908)
10 MCQs
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📊 Question Pool Structure
10 MCQs across fundamental, intermediate, and advanced concept tiers.
⚡ Recommended Pacing
45 to 60 seconds per MCQ. Flag complex problems and preserve 10 minutes for final revision.
⚖️ Scoring & Negative Marking
+1 mark per correct answer. In competitive tests with negative marking, -0.25 applies for incorrect guesses.

💡 Strategic Preparation & Exam Hall Guidelines

To maximize your score on Civil Procedure Code (CPC 1908), candidates are advised to follow a structured three-pass approach. In the First Pass, solve all direct recall and formula-based questions within 30 seconds each to secure foundational marks. In the Second Pass, tackle multi-step analytical and quantitative reasoning problems. In the Third Pass, review marked questions and verify calculations.

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📝 Pre-Rendered Solved Sample Questions & Detailed Solutions

Showing 10 solved representative questions

Review the solved problems below to understand question phrasing, answer choices, and step-by-step solution logic prior to starting the full interactive practice drill:

Sample Question 1
Civil Procedure Code (CPC 1908) Medium • Judicial Studies
What is 'Mesne Profits' under Section 2(12) of the CPC?
A Those profits which the person in wrongful possession of such property actually received, or might with ordinary diligence have received, together with interest
B The statutory commission paid to an auctioneer
C The legal fee earned by a senior advocate
D The annual property tax assessed by the municipal corporation
✓ Correct Answer: A - Those profits which the person in wrongful possession of such property actually received, or might with ordinary diligence have received, together with interest
📖 Step-by-Step Solution & Conceptual Rationale:
Section 2(12) CPC defines mesne profits of property as those profits which the person in wrongful possession actually received or might with ordinary diligence have received, together with interest on such profits, but not including profits due to improvements made by the person in wrongful possession.
Sample Question 2
Civil Procedure Code (CPC 1908) Medium • Judicial Studies
Under Section 60 of the CPC, which property is liable to attachment and sale in execution of a civil decree?
A Lands, houses, goods, money, bank-notes, cheques, bills of exchange, promissory notes, government securities, bonds, and all other saleable property belonging to judgment-debtor
B The necessary wearing-apparel and cooking vessels of the judgment-debtor and his family
C Tools of artisans and implements of husbandry of an agriculturist
D Stipends and pensions allowed to military or civil pensioners of the Government
✓ Correct Answer: A - Lands, houses, goods, money, bank-notes, cheques, bills of exchange, promissory notes, government securities, bonds, and all other saleable property belonging to judgment-debtor
📖 Step-by-Step Solution & Conceptual Rationale:
Section 60(1) CPC defines properties liable to attachment, and the proviso specifically exempts essential personal necessaries: wearing apparel, cooking vessels, tools of artisans, implements of husbandry, and government pensions.
Sample Question 3
Civil Procedure Code (CPC 1908) Hard • Judicial Studies
Section 5 of the Limitation Act 1908 provides for 'Condonation of Delay'. This section applies to:
A Appeals, applications for review, and applications for leave to appeal, but NOT to original suits
B All original civil suits
C Applications for execution of decrees
D Registration of criminal FIRs
✓ Correct Answer: A - Appeals, applications for review, and applications for leave to appeal, but NOT to original suits
📖 Step-by-Step Solution & Conceptual Rationale:
Section 5 of the Limitation Act allows extension of prescribed period if the applicant satisfies the court that he had sufficient cause, but it explicitly applies only to appeals and applications, and strictly does NOT apply to original suits or execution petitions.
Sample Question 4
Civil Procedure Code (CPC 1908) Medium • Judicial Studies
Under Section 3 of the Limitation Act 1908, every suit instituted, appeal preferred, and application made after the period of limitation shall be:
A Dismissed, although limitation has not been set up as a defence by the respondent
B Admitted upon payment of a penalty of Rs. 10,000
C Referred to arbitration automatically
D Kept pending indefinitely until parties consent
✓ Correct Answer: A - Dismissed, although limitation has not been set up as a defence by the respondent
📖 Step-by-Step Solution & Conceptual Rationale:
Section 3 Limitation Act is a strict statutory mandate: Subject to Sections 4 to 25, every suit instituted, appeal preferred, and application made after the period of limitation prescribed shall be dismissed, even if limitation has not been set up as a defence.
Sample Question 5
Civil Procedure Code (CPC 1908) Medium • Judicial Studies
Under Section 100 of the CPC (prior to provincial amendments repealing it in some provinces), a Second Appeal to the High Court lies from an appellate decree of a District Court only on the ground of:
A A substantial error or defect in procedure, or decision contrary to law or some usage having the force of law
B A dispute as to the credibility of oral testimony of witnesses
C A minor clerical typo in the decree
D A disagreement on pure questions of fact
✓ Correct Answer: A - A substantial error or defect in procedure, or decision contrary to law or some usage having the force of law
📖 Step-by-Step Solution & Conceptual Rationale:
Section 100 CPC restricts Second Appeals to pure questions of law: (a) decision contrary to law, (b) failure to determine some material issue of law, or (c) substantial error or defect in the procedure which may have produced an error in the decision on merits. Concurrent findings of fact cannot be reopened.
Sample Question 6
Civil Procedure Code (CPC 1908) Hard • Judicial Studies
In civil execution proceedings, what is a 'Precept' issued under Section 46 of the CPC?
A An order issued by the Court which passed the decree to any other Court competent to execute it, directing it to attach any property belonging to the judgment-debtor specified in the precept
B A warrant for the arrest of a judicial witness
C A certificate of title to agricultural land
D An application to dismiss a civil suit for default
✓ Correct Answer: A - An order issued by the Court which passed the decree to any other Court competent to execute it, directing it to attach any property belonging to the judgment-debtor specified in the precept
📖 Step-by-Step Solution & Conceptual Rationale:
Section 46 CPC authorizes the decree-passing court to issue a Precept to another court within whose jurisdiction the judgment-debtor has property, directing temporary attachment (valid for up to two months) pending regular execution transfer.
Sample Question 7
Civil Procedure Code (CPC 1908) Medium • Judicial Studies
Under Order XXXVIII Rule 5 of the CPC, when can a Court order 'Attachment before Judgment'?
A Where the defendant, with intent to obstruct or delay the execution of any decree that may be passed against him, is about to dispose of the whole or any part of his property or remove it from local limits
B Whenever the plaintiff files a suit for recovery of money
C Whenever the defendant fails to appear on the first hearing
D In all partition suits automatically
✓ Correct Answer: A - Where the defendant, with intent to obstruct or delay the execution of any decree that may be passed against him, is about to dispose of the whole or any part of his property or remove it from local limits
📖 Step-by-Step Solution & Conceptual Rationale:
Order XXXVIII Rule 5 CPC is an extraordinary remedy: If the court is satisfied that the defendant, with intent to defeat or delay decree execution, is about to dispose of or remove his property from court jurisdiction, it may order him to furnish security or order attachment before judgment.
Sample Question 8
Civil Procedure Code (CPC 1908) Medium • Judicial Studies
Under Section 148 of the CPC, what power does a civil court possess regarding time enlargement?
A Where any period is fixed or granted by the Court for the doing of any act, the Court may in its discretion from time to time enlarge such period, not exceeding thirty days in total
B The court can extend the period of limitation for filing a suit by ten years
C The court can permanently stop time from running
D The court can extend the life of a deceased party
✓ Correct Answer: A - Where any period is fixed or granted by the Court for the doing of any act, the Court may in its discretion from time to time enlarge such period, not exceeding thirty days in total
📖 Step-by-Step Solution & Conceptual Rationale:
Section 148 CPC gives the court discretion to enlarge time fixed or granted by it for the doing of any procedural act (e.g. paying court fees, filing documents), even though the period originally fixed may have expired.
Sample Question 9
Civil Procedure Code (CPC 1908) Medium • Judicial Studies
What is the legal effect of a 'Consent Decree' (Compromise Decree) under Order XXIII Rule 3 CPC?
A It records that the suit has been adjusted wholly or in part by any lawful agreement or compromise, and passes a decree in accordance therewith, from which NO appeal lies under Section 96(3) CPC
B It can be appealed like any ordinary decree
C It is valid for only six months
D It requires approval by the provincial cabinet
✓ Correct Answer: A - It records that the suit has been adjusted wholly or in part by any lawful agreement or compromise, and passes a decree in accordance therewith, from which NO appeal lies under Section 96(3) CPC
📖 Step-by-Step Solution & Conceptual Rationale:
Under Order XXIII Rule 3 CPC, when a suit is settled by lawful agreement, the court records the compromise and passes a consent decree. Under Section 96(3) CPC, no appeal lies from a decree passed by the court with the consent of parties.
Sample Question 10
Civil Procedure Code (CPC 1908) Hard • Judicial Studies
Under Section 12 of the Civil Procedure Code 1908, what is the remedy of a person challenging a decree, judgment or order on the ground of fraud, misrepresentation, or want of jurisdiction?
A Filing an application under Section 12(2) CPC before the Court which passed the final judgment, decree or order (a separate fresh suit is expressly barred)
B Instituting a fresh civil suit in another court
C Filing a criminal FIR for robbery
D Applying to the Revenue Board for cancellation
✓ Correct Answer: A - Filing an application under Section 12(2) CPC before the Court which passed the final judgment, decree or order (a separate fresh suit is expressly barred)
📖 Step-by-Step Solution & Conceptual Rationale:
Section 12(2) CPC is a landmark procedural bar: Where a person challenges the validity of a judgment, decree or order on the plea of fraud, misrepresentation or want of jurisdiction, he shall seek his remedy by making an application to the Court which passed the final judgment, decree or order, and not by a separate suit.
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