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Civil Law Test - 2

Description: Civil Law Test - 2
Number of Questions: 20
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Tags: Civil Law Test - 2 Civil Law
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The provisions of res judicata also apply to the execution proceedings of a decree.

  1. True

  2. False

  3. Only applies to the suit

  4. Not applicable if objection is raised by JDR


Correct Option: A
Explanation:

Option (1) is correct: The starting words of Section 11 of the Code of Civil Procedure state that no court shall try any suit or issue, which means it includes suit and all other issues including executing proceedings also. Option (2) is incorrect: Provisions of res judicata also apply to the execution proceedings of a decree. Option (3) is incorrect: Res judicata doesn’t apply only to suits, but to other issues also. Option (4) is incorrect: No such provision.

Which of the following questions shall be determined by the court executing decree?

  1. Whether any person has decree obtained by fraud

  2. Whether any person is or is not the representative of a party

  3. Whether any person has decree obtained by collusion

  4. None of these


Correct Option: B
Explanation:

Option (1) is incorrect: The court shall not determine whether the decree is obtained by fraud or not. Option (2) is correct: The question shall be determined by the court whether any person is or is not the representative of a party. Option (3) is incorrect: The court shall not determine whether the decree is obtained by collusion or not.

Principle of res judicata applies to

  1. suits only

  2. execution proceedings only

  3. arbitration proceedings only

  4. suits as well as execution proceedings


Correct Option: D
Explanation:

Option (1) is incorrect: Res judicata applies to suits and all other issues. Option (2) is incorrect: Res judicata applies to suits and all other issues. Option (3) is incorrect: Res judicata doesn’t apply to arbitration proceedings. Option (4) is correct: The starting words of Section 11 of the Code of Civil Procedure states that no court shall try any suit or issue, which means that it includes suits and all other issues, including executing proceedings also.

Where the plaint has been rejected, the plaintiff on the same cause of action

  1. may present a fresh suit

  2. cannot present a fresh suit

  3. may present a fresh suit with the leave of the High Court

  4. None of these


Correct Option: A
Explanation:

Option (1) is correct: The rejection of the plaint on any of the grounds mentioned under Order VII, Rule 10 of the CPC shall not, of its own force, preclude the plaintiff from presenting a fresh plaint in respect of the same cause of action. Option (2) is incorrect: After the rejection, plaintiff can present a fresh suit. Option (3) is incorrect: Plaintiff doesn’t require the leave of the High Court.

All of the following are the powers of an appellate court, except the power to

  1. determine a case finally

  2. remand the case

  3. take additional evidence

  4. frame and refer for trial


Correct Option: C
Explanation:

Option (1) is incorrect: Cannot determine case finally Option (2) is incorrect: Cannot remand case Option (3) is correct: An appellate court cannot take additional evidence. Option (4) is incorrect: Cannot frame and refer for trial

Legal representative under Section 2(11) of the CPC means a person is

  1. a relative of parties to the suit

  2. a co-sharer of the benefits assuming to the parties to the suit

  3. who in law represents the estate of the deceased

  4. All of the above

  5. None of these


Correct Option: C
Explanation:

Option (3) is correct: Under Section 2(11) of the CPC, a ‘legal representative' means a person who in law represents the estate of a deceased person and includes any person who intermeddles with the estate of the deceased, and where a party sues or is sued in a representative character, the person on whom the estate devolves on the death of the party so suing or sued.

Where the liability in relation to sum adjudged has not arisen out of a commercial transaction, the maximum yearly rate of interest awardable under Section 34(1) of the CPC from the date of decree for payment of money to date of payment, is

  1. 12%

  2. 18%

  3. 10%

  4. 6%


Correct Option: D
Explanation:

Option (1) is incorrect: No such provision Option (2) is incorrect: No such provision Option (3) is incorrect: No such provision Option (4) is correct: Under Section 34 of the CPC, where the liability in relation to the sum so adjudged had arisen out of a commercial transaction, the rate of such further interest may exceed six percent per annum.

If a document, which ought to be produced in the court along with the pleadings, is not produced under Order VII, Rule 14(3) of the CPC at the hearing of the suit, then the same shall not be received in evidence on behalf of the

  1. plaintiff

  2. defendant

  3. third party

  4. None of these


Correct Option: A
Explanation:

Option (1) is correct: Under Order VII, Rule 14(3), a document which ought to be produced in the court by the plaintiff when the plaint is presented, but is not produced or entered accordingly, shall not without the leave of the court be, received in evidence on his behalf at the hearing of the suit.

Where the appellant has withdrawn the appeal preferred against a decree passed ex parte, the application under Order 9, Rule 13 shall be

  1. rejected

  2. returned

  3. maintainable

  4. referred for opinion to the appellate court


Correct Option: C
Explanation:

Option (1) is incorrect: Cannot be rejected Option (2) is incorrect: Cannot be returned Option (3) is correct: Maintainable under explanation provided under Order 9, Rule 13 of the CPC Option (4) is incorrect: Cannot be referred for opinion to the appellate court

Lodging of caveat under Section 148A of the CPC

  1. entitles the caveator to receive notice of the application

  2. makes the caveator a party to the suit

  3. does not make the caveator a party to the suit

  4. Both (1) and (2)

  5. None of these


Correct Option: A
Explanation:

Option (1) is correct: Under Section 148A of the CPC, where after a caveat has been lodged under subsection (1), any application is filed in any suit or proceeding, the court shall serve a notice of the application on the caveator.

Review is maintainable when

  1. an appeal is provided, but no appeal is preferred

  2. no appeal is provided

  3. Both (1) and (2)

  4. Neither (1) nor (2)


Correct Option: C
Explanation:

Option (3) is correct: Under Section 114 of the CPC, review is maintainable when an appeal is provided, but no appeal is preferred and when no appeal is provided.

Under Section 32 of the CPC, the maximum fine which can be imposed by the court for compelling the attendance of any person to whom a summons has been issued under Section 30 is

  1. Rs. 2000

  2. Rs. 3000

  3. Rs. 5000

  4. Rs. 1000


Correct Option: C
Explanation:

Option (3) is correct: Under Section 32, the court can impose a fine upon him not exceeding five thousand rupees.

Where a suit abates or is dismissed under Order 22 of the CPC, on the same cause of action,

  1. a new suit may institute with the consent of parties

  2. a fresh suit may file, with prior permission of the court

  3. no fresh suit shall be brought

  4. a new suit may file if sufficient cause is shown


Correct Option: C
Explanation:

Option (1) is incorrect: No fresh suit shall be brought on the same cause of action. Option (2) is incorrect: No fresh suit shall be brought on the same cause of action. Option (3) is correct: When a suit under Order 22 of the CPC abates or dismissed, no fresh suit shall be brought on the same cause of action. Option (4) is incorrect: No fresh suit shall be brought on the same cause of action whether sufficient cause is shown or not.

Pleadings can be amended before

  1. the trial court only

  2. the first appellate court only

  3. the second appellate court only

  4. either the trial court or the first appellate court or the second appellate court

  5. None of these


Correct Option: A
Explanation:

Option (1) is correct: Under Order VI, Rule 17 of the CPC, pleadings can be amended before the trial court only.

A party filing affidavit in reply to interrogatories can

  1. be cross-examined upon it

  2. be contradicted by the other party on the basis of adduce evidence

  3. neither cross-examine nor adduce any evidence to contradict

  4. None of these


Correct Option: A
Explanation:

Option (1) is correct: A party filing affidavit in reply to interrogatories can be cross-examined upon it by the other party.

For the application of the principle res sub judice,

  1. suits must be between the same parties or litigating under the same title

  2. two suits must be pending for disposal in a court

  3. the matters in issue in the two suits must be directly and substantially the same

  4. All of the above


Correct Option: D
Explanation:

Option (4) is correct: Under Section 10 of the CPC, for the application of the principle res sub judice, suits must be between the same parties or litigating under the same title, must be pending for disposal in a court and the matters in issue in the two suits must be directly and substantially the same.

An immovable property held by Y is situated at Bhopal and a wrongdoer personally works for gain at Indore. A suit to obtain compensation for wrong to the property may be instituted at

  1. Bhopal

  2. Indore

  3. Bhopal or Indore

  4. None of these


Correct Option: C
Explanation:

Option (3) is correct: Under Section 16 of the CPC, read with proviso, a suit to obtain compensation for wrong to the property may be instituted either at Bhopal or at Indore.

A witness, who has already been examined, can be recalled under Order 18, Rule 17 of the CPC by the

  1. party calling the witness

  2. opposite party

  3. court

  4. None of these


Correct Option: C
Explanation:

Option (3) is correct: The court may, at any stage of a suit, recall any witness who has been examined and may put such questions to him as the court thinks fit.

Section 89 of the CPC was inserted in

  1. 1993

  2. 1998

  3. 1999

  4. 2009


Correct Option: C
Explanation:

Option (3) is correct: Section 89 of the CPC was inserted by the CPC (Amendment) Act, 1999.

Compromise under Order XXIII, Rule 3 of the CPC must be in

  1. writing and signed by the parties

  2. writing, but need not be signed by the parties

  3. writing, but need not be lawful

  4. None of these


Correct Option: A
Explanation:

Option (1) is correct: Compromise under Order XXIII, Rule 3 of the CPC must be in writing and signed by the parties.

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