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Test: Institution of Suit under CPC - Judiciary Exams MCQ


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20 Questions MCQ Test - Test: Institution of Suit under CPC

Test: Institution of Suit under CPC for Judiciary Exams 2024 is part of Judiciary Exams preparation. The Test: Institution of Suit under CPC questions and answers have been prepared according to the Judiciary Exams exam syllabus.The Test: Institution of Suit under CPC MCQs are made for Judiciary Exams 2024 Exam. Find important definitions, questions, notes, meanings, examples, exercises, MCQs and online tests for Test: Institution of Suit under CPC below.
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Test: Institution of Suit under CPC - Question 1
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What is the primary purpose of the institution of a suit under the Civil Procedure Code (CPC) in India?

Detailed Solution for Test: Institution of Suit under CPC - Question 1
The institution of a suit under the Civil Procedure Code (CPC) in India serves the primary function of starting a formal civil legal action to facilitate the resolution of disputes between individuals and entities. By submitting a "plaint," the plaintiff outlines the case facts, legal grounds, and the relief sought. This process is essential for individuals seeking justice and conflict resolution through the legal system.
Test: Institution of Suit under CPC - Question 2
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Why are court fees considered a key consideration when initiating a legal action under the Civil Procedure Code (CPC)?

Detailed Solution for Test: Institution of Suit under CPC - Question 2
Court fees are an important consideration when initiating a legal action under the Civil Procedure Code (CPC) to ensure proper court handling and cost coverage. These fees play a vital role in funding the administrative operations of the court and ensuring that the legal system can function effectively. Additionally, court fees help regulate the number of cases brought before the court and discourage frivolous or unnecessary litigation.
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Test: Institution of Suit under CPC - Question 3
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What key emphasis did the Privy Council place on the commencement of civil proceedings in the case of Hansraj Gupta & Others v. Dehra Dun-Mussoorie Electric Tramway Co. Ltd.?

Detailed Solution for Test: Institution of Suit under CPC - Question 3
In the case of Hansraj Gupta & Others v. Dehra Dun-Mussoorie Electric Tramway Co. Ltd., the Privy Council emphasized the commencement of civil proceedings with a complaint. This underscores the formal initiation of legal actions in civil disputes, highlighting the role of a complaint as the starting point for legal proceedings in addressing grievances or asserting legal rights. Understanding this procedural aspect is essential for individuals involved in legal disputes to navigate the legal system effectively.
Test: Institution of Suit under CPC - Question 4
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What is the primary significance of the institution of suit according to the Civil Procedure Code (CPC)?
Detailed Solution for Test: Institution of Suit under CPC - Question 4
The institution of suit, as defined by the Civil Procedure Code (CPC), involves a plaintiff pursuing a legal remedy through a court against a defendant to resolve a dispute. This formal process signifies the commencement of legal action and involves essential steps such as filing a plaint, selecting the appropriate court, paying court fees, serving summons, and engaging in legal proceedings to ultimately reach a judgment or decree.
Test: Institution of Suit under CPC - Question 5
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What is the significance of the court issuing a summons in the institution of suit process?
Detailed Solution for Test: Institution of Suit under CPC - Question 5
The issuance of a summons by the court is crucial in the institution of suit process as it serves to inform the defendant of the legal action being taken against them. The summons notifies the defendant of their obligation to appear in court to respond to the plaintiff's claims. It plays a key role in ensuring that all parties are aware of the legal proceedings and have the opportunity to present their side of the case before the court.
Test: Institution of Suit under CPC - Question 6
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What is the initial step required to officially commence a civil suit under the Code of Civil Procedure (CPC)?
Detailed Solution for Test: Institution of Suit under CPC - Question 6
The initial step to officially commence a civil suit under the Code of Civil Procedure (CPC) involves drafting a plaint supported by an affidavit. This written statement outlining the case needs to be submitted in duplicate to the court or an authorized officer, as per Section 26 of the CPC. This process marks the formal beginning of a civil legal action, as it outlines the legal basis for the claim and sets the stage for addressing specific disputes through the court system.
Test: Institution of Suit under CPC - Question 7
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What is the significance of Section 80 of the Code of Civil Procedure (CPC) in relation to legal proceedings?
Detailed Solution for Test: Institution of Suit under CPC - Question 7
Section 80 of the Code of Civil Procedure (CPC) holds significance as it mandates issuing a legal notice before suing the government or a public officer. However, it's important to note that not all cases necessitate this step. This provision ensures that the concerned authorities are informed of the legal action being initiated against them, allowing them an opportunity to respond or rectify the situation before formal legal proceedings ensue.
Test: Institution of Suit under CPC - Question 8
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Which step marks the final stage in initiating a civil suit under the Code of Civil Procedure (CPC)?
Detailed Solution for Test: Institution of Suit under CPC - Question 8
The final stage in initiating a civil suit under the Code of Civil Procedure (CPC) involves presenting the plaint to the court or a designated officer. This step, as detailed in Order IV, Rule 1, signifies the formal commencement of the legal action, following the regulations specified in Orders VI and VII. By presenting the plaint, the plaintiff officially brings the case before the court, setting the legal process in motion for addressing and resolving the specific dispute through the legal framework provided by the court system.
Test: Institution of Suit under CPC - Question 9
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According to Section 16 of the CPC, where should suits concerning immovable property be filed?
Detailed Solution for Test: Institution of Suit under CPC - Question 9
Section 16 of the CPC specifies that suits concerning immovable property should be filed in the jurisdiction where the property is situated. This rule ensures that legal proceedings related to real estate are conducted in the location where the property is physically located, allowing for a more efficient and effective resolution of disputes.
Test: Institution of Suit under CPC - Question 10
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Under what circumstances may a plaint be rejected under Order VII, Rule 11 of the CPC?
Detailed Solution for Test: Institution of Suit under CPC - Question 10
A plaint may be rejected under Order VII, Rule 11 of the CPC if it violates laws. This can include instances where the plaint lacks a valid cause of action, undervalues relief sought, has insufficient stamping, violates legal provisions, or fails to comply with other legal requirements. Rejection under this rule underscores the importance of adhering to legal standards when initiating a civil suit.
Test: Institution of Suit under CPC - Question 11
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According to Section 19 of the CPC, where can plaintiffs file suits for harm to persons or movable property?
Detailed Solution for Test: Institution of Suit under CPC - Question 11
Section 19 of the CPC allows plaintiffs to file suits for harm to persons or movable property either where the defendant resides or where the incident occurred. This provision offers flexibility to plaintiffs in choosing the jurisdiction for initiating legal actions based on the nature of the case and the convenience of parties involved.
Test: Institution of Suit under CPC - Question 12
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In a civil suit, what is the primary responsibility of the plaintiff?
Detailed Solution for Test: Institution of Suit under CPC - Question 12
In a civil suit, the primary responsibility of the plaintiff is to present evidence to prove the allegations against the defendant and establish the defendant's legal liability for any claimed damages. This crucial step sets the foundation for the case and aims to demonstrate the wrongdoing of the defendant.
Test: Institution of Suit under CPC - Question 13
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What documentation must the plaintiff include when commencing a civil suit?
Detailed Solution for Test: Institution of Suit under CPC - Question 13
When commencing a civil suit, the plaintiff must include comprehensive details and necessary supporting documentation in the plaint. These details are essential for providing a clear picture of the case and supporting the allegations made against the defendant.
Test: Institution of Suit under CPC - Question 14
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Which act determines the fees to be paid along with the plaint in a civil suit?
Detailed Solution for Test: Institution of Suit under CPC - Question 14
The fees to be paid along with the plaint in a civil suit are determined by the Court Fees Act, 1870, and the Stamp Act, 1899. These acts specify the court expenses that need to be paid, which are typically a fraction of the total claim value, based on the type of suit being filed.
Test: Institution of Suit under CPC - Question 15
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What does Section 27 of the CPC primarily address?
Detailed Solution for Test: Institution of Suit under CPC - Question 15
Section 27 of the CPC primarily focuses on the issuance of summons to the defendant within thirty days of filing the suit. This step is crucial as it notifies the defendant about the legal claim made against them, giving them an opportunity to respond and defend their position.
Test: Institution of Suit under CPC - Question 16
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Which courts can receive and serve foreign summons according to Section 29 of the CPC?
Detailed Solution for Test: Institution of Suit under CPC - Question 16
Section 29 of the CPC allows for foreign summons to be presented to Civil or Revenue Courts established or maintained by the Central Government outside India. These courts have the authority to receive and serve such documents as if they were issued locally. This provision ensures a streamlined process for legal matters involving parties in different jurisdictions.
Test: Institution of Suit under CPC - Question 17
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How does Section 31 of the CPC expand on the principles of Sections 27, 28, and 29?
Detailed Solution for Test: Institution of Suit under CPC - Question 17
Section 31 of the CPC extends the principles of Sections 27, 28, and 29 to witness summonses. This section specifically regulates the issuance and service of summonses for producing evidence or giving testimony, ensuring that the legal process involving witnesses is conducted in a systematic and fair manner.
Test: Institution of Suit under CPC - Question 18
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According to the Civil Procedure Code (CPC), what does Section 27 primarily focus on?
Detailed Solution for Test: Institution of Suit under CPC - Question 18
Section 27 of the CPC primarily focuses on the time limit within which the summons must be served to the defendant after the filing of the suit. This section emphasizes the importance of promptly notifying the defendant about the legal claim against them, ensuring timely legal proceedings.
Test: Institution of Suit under CPC - Question 19
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Under what circumstances does Section 29 of the CPC allow for the service of foreign summons?
Detailed Solution for Test: Institution of Suit under CPC - Question 19
Section 29 of the CPC permits the service of foreign summons to any Civil or Revenue Court in India, irrespective of the Code of Civil Procedure's applicability. This provision enables a wider reach for serving legal documents across different courts in the country, ensuring legal processes are upheld effectively.
Test: Institution of Suit under CPC - Question 20
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What is the significance of sending summons to the court in a different state under Section 28 of the CPC?
Detailed Solution for Test: Institution of Suit under CPC - Question 20
Section 28 of the CPC mandates that when the defendant resides in a different state, the summons must be sent to the court in that state following prescribed procedures. The receiving court is required to treat the summons as if it had issued it, ensuring that legal proceedings are carried out seamlessly across different jurisdictions within the country.
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