📘 Ultra-Hard MCQs – Order 7 Rule 11(d) CPC

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Q1.

A files suit in 2024 to cancel a 2007 registered sale deed. He pleads that he “recently discovered” fraud but gives no particulars.

Defendant files O7R11(d). Court should:

A) Frame issue on limitation
B) Reject plaint
C) Convert into preliminary issue under O14 R2
D) Allow evidence first

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Q2.

Commercial suit filed in 2023 without Section 12A mediation. Plaintiff adds line: “urgent interim relief required.” Relief clause seeks only money decree.

Court should:

A) Accept urgency and proceed
B) Reject plaint under O7R11(d)
C) Return plaint
D) Decide after written statement

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Q3.

Borrower challenges SARFAESI Sec 13(4) possession notice in civil court alleging calculation error.

Court should:

A) Try suit
B) Refer to arbitration
C) Reject under O7R11(d)
D) Frame preliminary issue

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Q4.

Plaint states suit filed within limitation because cause of action is “continuing.” Dates unclear and require evidence.

Court should:

A) Reject under 11(d)
B) Decide under O14 R2
C) Dismiss suit
D) Proceed to trial

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Q5.

Agreement contains arbitration clause. Plaintiff files suit for damages alleging breach. Defendant invokes Section 8 A&C Act.

Court should:

A) Reject plaint under 11(d)
B) Refer parties to arbitration
C) Frame issue
D) Try suit

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Q6.

Plaint seeks declaration that property bought in wife’s name belongs to husband as “real owner.”

Court should:

A) Reject under 11(d)
B) Frame issue of benami
C) Allow evidence
D) Dismiss after trial

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Q7.

Suit filed during CIRP against corporate debtor for recovery of money.

Court should:

A) Proceed with suit
B) Stay proceedings
C) Reject plaint under 11(d)
D) Refer to arbitration

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Q8.

Plaint challenges mutation entry only and seeks declaration that entry is illegal. Revenue appeal remedy exists.

Court should apply:

A) No bar
B) Rule 11(a)
C) Rule 11(d) if bar apparent
D) Order 14 Rule 2 only

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Q9.

Suit seeks:

• Cancellation of 2012 sale deed

• Injunction based on possession in 2023

Defendant pleads limitation.

Court should:

A) Reject entire plaint
B) Reject only cancellation relief
C) Cannot partially reject; proceed
D) Dismiss suit

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Q10.

Minority shareholder files civil suit challenging board resolution. Defendant invokes Sec 430 Companies Act.

Court should:

A) Frame issue
B) Reject plaint under 11(d)
C) Stay suit
D) Allow amendment

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Q11.

Limitation depends on whether plaintiff had knowledge in 2021 or 2023. Both versions arguable from plaint.

Court should:

A) Reject plaint
B) Decide as preliminary issue with evidence
C) Dismiss suit
D) Refer to mediation

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Q12.

Commercial suit filed in July 2022 without Sec 12A mediation. Defendant seeks rejection in 2024.

Court should consider:

A) Mandatory rejection retrospectively
B) Prospective application principle
C) Ignore Sec 12A
D) Convert to arbitration

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Q13.

Plaint omits mentioning date of execution but annexes sale deed copy showing date beyond limitation.

Court may:

A) Ignore annexure
B) Consider document forming part of plaint and reject
C) Frame issue
D) Call for evidence

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Q14.

Plaint alleges “serious fraud” but dispute arises from contractual obligations covered by arbitration clause.

Court must test:

A) Whether fraud makes dispute non-arbitrable
B) Whether plaint discloses cause of action
C) Whether limitation expired
D) Whether jurisdiction exists

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Q15.

Suit barred under statute but defendant has not filed written statement yet. Can court entertain O7R11(d)?

A) No, must wait for WS
B) Yes, at any stage
C) Only after issues framed
D) Only at appellate stage

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