ARREST & ATTACHMENT

1. In CPC, a civil court can direct attachment before judgment in respect of any property, in a proceeding pending before it, in accordance with the provisions which are contained in
   a) Order XXXVII
   b) Order XXXVIII
   c) Order XXXVIX
   d) Order LX
2. Under which provision of the Code of Civil Procedure attachment before judgment is provided
   a) Section 96
   b) Section 38 rule 5-13
   c) Order 40
   d) None of the above
3. An attachment made before judgment in a suit which is dismissed for default
   a) Shall become revived merely on the basis of restoration of suit
   b) Shall become revived on the order of Appellate Court
   c) Shall become revived on the order of High Court
   d) Shall not become revived merely by reason of the facts that order for dismissal of the suit for default has been set aside
4. Attachment before judgment, in a suit dismissed in default
   a) revives automatically on the restoration of suit
   b) may or may not revive depending on the facts and circumstances of the case
   c) does not revive automatically on the restoration of the suit
   d) None of the above
5. An arrest warrant against a defendant before judgment can be issued
   a) If the defendant has absconded or left the local limits of the courts jurisdiction
   b) If the defendant has disposed of or removed from such local limits his property
   c) If the defendant is about to leave India
   d) All of the above
6. O 38 Rule 5 lays down that an attachment before judgment could be made
   a) If the court is satisfied that the defendant is about to dispose of the whole or part of his property
   b) If the court is satisfied that the defendant is about to remove the property from the local limits of the courts jurisdiction
   c) Both A and B
   d) Only A
7. The maximum period of detention in case of arrest before judgment is
   a) Six weeks if the amount of the value of the subject matter of the suit does not exceed Rs.50
   b) Six months if the amount/value of the subject matter of the suit exceed Rs. 50
   c) Four weeks in any case
   d) Both A and B
8. If an attachment order is made without complying with the provisions of Rule 5 Order 38, such attachment shall be
   a) Void
   b) Voidable
   c) Irregular
   d) Valid
9. Where the property is under attachment and a decree is subsequently passed in the plaintiff’s favour
   a) It is necessary to apply for reattachment
   b) It is not necessary to apply for fresh attachment
   c) It is necessary to apply for reattachment under certain circumstances
   d) None of the above
10. In which of the following cases, an attachment before judgment can be made
    a) Suits for partition of immovable property
    b) Suit for foreclosure, sale or redemption in case of a mortgage/charge upon immovable property
    c) Suits for compensation for wrong to immovable property
    d) Suit for the determination of any right/interest in immovable property
    

Answer 1. B 2. B 3. D 4. C 5. D 6. C 7. D 8. A 9. B 10. C