Civilizing The Procedure: Previous Year Mcqs On Civil Procedure Code (pcsj)

Q1. Which of the following terms is used to describe the monetary limit of a court’s authority to hear and decide civil cases?

a)    Territorial jurisdiction

b)    Subject matter jurisdiction

c)    Appellate jurisdiction

d)    Pecuniary jurisdiction

Ans. Option “d”

Explanation: Section 6 of the Civil Procedure Code defines Pecuniary jurisdiction. It means that the amount of money a court is allowed to handle in a case. Different courts handle different types of cases based on the amount of money involved. 

For example, if you're dealing with a small amount of money, you might go to a lower court or a district court. But if it's a big amount, you might have to go to a higher court.

Section 15 of the Civil Procedure Code says that every suit should be filed in the court with the lowest grade competent to try.

As per the Andhra Pradesh Civil Courts Act, the pecuniary jurisdiction is as follows:

•    Suits valued up to Rs. 3,00,000/- are heard by the Junior Civil Judge's Courts.
•    Suits valued from Rs. 3,00,000/- to Rs. 15,00,000/- are heard by the Senior Civil Judge's Courts.
•    Suits valued exceeding Rs. 15,00,000/- are heard by the District Courts.

In the case of the High Court, it does not have pecuniary jurisdiction, it only hears appeals.

Q2. According to Section 21A of the Civil Procedure Code (CPC), which of the following statements is true?

a)    A defendant must object to the jurisdiction of the court in the written statement, otherwise, the objection is deemed to be waived. 

b)    If the court finds that it does not have jurisdiction, it will proceed with the suit.

c)    The defendant can challenge the decree passed by the court on the grounds of jurisdiction even if he did not object to the written statement. 

d)    Section 21A of CPC only applies to specific types of suits, not all suits.

Ans. Option “a”

Explanation: Section 21A of C.P.C. prevents a defendant from filing a lawsuit to set aside a decree on the ground of objection as to the place of suing. Under this section, a suit is barred for matters related to setting aside a decree on the grounds of lack of territorial jurisdiction. A defendant cannot challenge a decree passed by the court on the ground of jurisdiction but he can object to the territorial jurisdiction of the court for which the court will decide whether to proceed or not.

Q3. Which of the following maxims does not form the basis for the principle of res judicata?

a)    nemo debet bis vexari pro una et eadem causa

b)    Nemo debet esse judex in propria causa

c)    interest reipublicae ut sit finis litium

d)    res judicata pro veritate accipitur

Ans. Option “b”

Explanation: Nemo debet esse judex in propria causa means 'no one ought to be a judge in his own cause'. This is a principle of natural justice.

Once a court has already decided a matter involving the same parties, another court will not decide it again. If something has already been settled by one court, it can't be brought up again in another court.

•    Nemo debet bis vexari pro una et eadem causa means no person shall be subject to prosecution for the same action twice.

•    Interest republicae ut sit finis litium means that the interest of the state lies in an end to litigation.

•    Res judicata pro veritate accipitur means a decision of a judicial authority must be duly accepted as correct.

Q4. Which doctrine is also known as the “rule of conclusiveness of judgment.”

a)    Doctrine of Res Judicata

b)    Doctrine of Res Gestae

c)    Doctrine of Stare Decisis 

d)    Doctrine of Lis Pendens

Ans. Option “a’’

Explanation: Section 11 of the Civil Procedure Code includes the principle of Res judicata, also called the "rule of conclusiveness of judgment." It states that once a competent court has made a final decision on a matter, neither party can reopen it in future legal proceedings. 

In the case of Satyadham Ghosal v. Deorajin Debi, the Supreme Court explained the principle of Res judicata. This principle means that once a matter has been decided by a court, it cannot be brought up again in future proceedings between the same parties. This principle prevents endless legal disputes between the same parties.

Q5. What does Section 89 of the Civil Procedure Code imply? 

a)    that all disputes must be settled through court proceedings.

b)    allows disputes to be referred for arbitration, conciliation, judicial settlement, or mediation if there are possibilities for settlement.

c)    outlines the procedure for filing a case in a Lok Adalat.

d)    specifies the process for appeal in case of dissatisfaction.

Ans. Option “b”

Explanation: Under section 89 of C.P.C parties can settle their disputes outside court. If the court finds the matter fit for out-of-court settlement, then the court will formulate the terms and give them to the parties for their observation. After receiving both parties’ observations, the court may adjust the terms and suggest them for further action such as arbitration, conciliation, or mediation. Order 10 Rule 1 of C.P.C are the allied provision to section 89 of C.P.C

Reviewed by Adv. Nishtha Wadhwa, Content Writer and Reviewer, LCI