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Civil Law Test - 1

Description: Civil Law Test - 1
Number of Questions: 20
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Tags: Civil Law Test - 1 Civil Law
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A court may make order for the payment of compensatory cost from any party submitting false, claim or defence up to

  1. Rs. 5000

  2. Rs. 3000

  3. Rs. 1000

  4. any amount without limit


Correct Option: B
Explanation:

Option (1) is incorrect: No such provision Option (2) is correct: Under section 35A (2) of the CPC, no court shall make any such order for the payment of an amount exceeding Rs. 3000 or exceeding the limits of its pecuniary jurisdiction, whichever is less. Option (3) is incorrect: No such provision

Option (4) is incorrect: No such provision

Where the defendant is confined in a prison, the summons shall be served by

  1. affixing outside the prison

  2. sending process server in the prison

  3. delivery of the summons to the officer in charge of the prison for service on the defendant

  4. production warrant through the court

  5. Any of above


Correct Option: C
Explanation:

Option (1) is incorrect: The summons shall not be served by affixing outside the prison. Option (2) is incorrect: The summons shall not be served by sending process server in the prison. Option (3) is correct: Under Order V, Rule 24 of the CPC, where the defendant is confined in a prison, the summons shall be delivered or sent by post or by courier service, by fax message or by electronic mail service to the officer in charge of the prison for service on the defendant. Option (4) is incorrect: The summons shall not be served by production warrant through the court.

If a party, who has obtained an order for leave to amend pleading, does not amend the same within ______ days, he shall not be permitted to do without leave of court.

  1. fifteen

  2. fourteen

  3. twenty

  4. thirty

  5. seven


Correct Option: B
Explanation:

Option (1) is incorrect: No such provision Option (2) is correct: Under Order VI, Rule 18 of CPC, if a party, who has obtained an order for leave to amend, does not amend accordingly within the time limited for that purpose by the order or if no time is thereby limited, then within fourteen days from the date of the order, he shall not be permitted to amend after the expiration of such limited time as aforesaid or of such fourteen days, as the case may be, unless the time is extended by the court. Option (3) is incorrect: No such provision Option (4) is incorrect: No such provision

Will the pendency of a suit in a foreign court will preclude the courts in India from trying a suit founded on the same cause of action?

  1. Yes

  2. No

  3. Depends on the nature of the suit

  4. Finding will be said on valuation of the suit


Correct Option: B
Explanation:

Option (1) is incorrect: Does not preclude the courts in India from trying a suit founded on the same cause of action. Option (2) is correct: Explanation under section 10 states that the pendency of a suit in a foreign court does not preclude the courts in India from trying a suit founded on the same cause of action. Option (3) is incorrect: It doesn’t depend on the nature of suit. Option (4) is incorrect: No such provision

A lets a house to B at a yearly rent of Rs. 500. The rent for the whole of the years 1905, 1906 and 1907 is due and unpaid. A sues B in 1908 only for the rent due for 1906. Which of the following statements is correct?

  1. A can afterwards sue B for the rent due for 1905.

  2. A can afterwards sue B for the rent due for 1907.

  3. A can afterwards sue B for the rent due for both 1905 and 1907.

  4. A cannot sue B afterwards for the rent due for 1905 or 1907.


Correct Option: D
Explanation:

Option (1) is incorrect: A cannot sue B afterwards for the rent due for 1905. Option (2) is incorrect: A cannot sue B afterwards for the rent due for 1907. Option (3) is incorrect: A cannot sue B afterwards for the rent due for both 1905 and 1907. Option (4) is correct: Where a plaintiff omits to sue in respect of, or intentionally relinquishes any portion of his claim, he shall not afterwards sue in respect of the portion so omitted or relinquished.

If sufficient cause is shown by the parties for adjournment of the hearing of the case, the court shall not adjourn the case more than

  1. once

  2. twice

  3. three times

  4. four times

  5. None of above


Correct Option: C
Explanation:

Option (1) is incorrect: No such provision Option (2) is incorrect: No such provision Option (3) is correct: Under Order XVII, Rule 1(1) of the Code of Civil procedure, if sufficient cause is shown by the parties for adjournment of the hearing of the case, the court shall not adjourn the case more than three times. Option (4) is incorrect: No such provision

Where in a suit the defendant is absent from his residence and there is no likehood of his being found at the residence within a reasonable time, service of the summons may be made on

  1. servant

  2. minor son

  3. adult daughter

  4. munim

  5. All of the above


Correct Option: D
Explanation:

Option (1) is incorrect: Under Order V, Rule 15 of the CPC, a servant is not a member of his family within the meaning of this rule. Option (2) is incorrect: Summons cannot be served on minor members of the family.  Option (3) is incorrect: If the munim would not be present, then summons can be served on the adult daughter. Option (4) is correct: Where in a suit, the defendant is absent from his residence and there is no likelihood of his being found at the residence within a reasonable time, service of the summons may be made on any adult member of the family, whether male or female, whoever is residing with him.

Proceeding in a suit, relating to minor, shall not be stayed on

  1. retirement of the next friend of a minor

  2. attaining the majority by the minor

  3. removal of the next friend of a minor

  4. death of the next friend of a minor


Correct Option: B
Explanation:

Option (1) is incorrect: On the retirement, removal or death of the next friend of a minor, further proceedings shall be stayed. Option (2) is correct: Under Order XXXII, Rule 10 of the CPC, on the retirement, removal or death of the next friend of a minor, further proceedings shall be stayed until the appointment of a next friend in his place. Option (3) is incorrect: On the retirement, removal or death of the next friend of a minor, further proceedings shall be stayed. Option (4) is incorrect: On the retirement, removal or death of the next friend of a minor, further proceedings shall be stayed.

A court may not issue a commission to

  1. examine any person

  2. examine accounts

  3. perform any ministerial act

  4. arrest a person


Correct Option: D
Explanation:

Option (1) is incorrect: Under Section 75 of the Code of Civil Procedure, a court may issue commission to examine any person. Option (2) is incorrect: Under Section 75 of the Code of Civil Procedure, a court may issue commission to examine and adjust accounts. Option (3) is incorrect: Under Section 75 of the Code of Civil Procedure, a court may issue commission to perform any ministerial or clerical act. Option (4) is correct: Under Section 75 of the Code of Civil Procedure, a court cannot issue commission to arrest a person. 

Any court will order a party, who resides without the local limits of the court's ordinary original jurisdiction to appear in person, if he resides within

  1. India

  2. the local limits of that state in which the court is situated

  3. the local limits of that district in which the court is situated

  4. certain limits from the place where the court is situated


Correct Option: D
Explanation:

Option (1) is incorrect: Within certain limits from the place where the court is situated Option (2) is incorrect: Within certain limits from the place where the court is situated Option (3) is incorrect: Within certain limits from the place where the court is situated Option (4) is correct: Any court will order a party, who resides without the local limits of the court's ordinary original jurisdiction to appear in person, if he resides within certain limits from the place where the court is situated.

The court shall reject an application to sue as an indigent person, where

  1. it contains the particulars required in regard to plaint

  2. it is presented to the court by the applicant in person

  3. the applicant allegation shows a cause of action

  4. any other person has entered into an agreement with the applicant to finance the litigation


Correct Option: D
Explanation:

Option (1) is incorrect: It is not a valid ground to reject an application to sue as an indigent person. Option (2) is incorrect: It is not a valid ground to reject an application to sue as an indigent person. Option (3) is incorrect: It is not a valid ground to reject an application to sue as an indigent person. Option (4) is correct: If any person has entered into an agreement with the applicant to finance the litigation, the court can reject an application to sue as an indigent person.

On which of the following grounds shall a plaint be rejected?

  1. Where it is not filed in 2 copies

  2. Where it is not supported with affidavit

  3. Where plaintiff has not affixed his photo

  4. Where plaintiff does not put his signature


Correct Option: A
Explanation:

Option (1) is correct: Under Order VII, Rule 11(1)(e) of the Code of Civil Procedure, where the plaint is not filed in duplicate, the court shall reject the plaint. Option (2) is incorrect: These are irregularities, but the court shall not reject the plaint. These regularities can be cured. Option (3) is incorrect: These are irregularities, but the court shall not reject the plaint. These regularities can be cured. Option (4) is incorrect: These are irregularities, but the court shall not reject the plaint. These regularities can be cured.

A decree can be

  1. preliminary

  2. final

  3. first preliminary, then final

  4. preliminary or final


Correct Option: D
Explanation:

Option (1) is incorrect: It can be either preliminary or final. Option (2) is incorrect: It can be either preliminary or final. Option (3) is incorrect: It can be either preliminary or final. Option (4) is correct: A decree is preliminary when further proceedings have to be taken before the suit can be completely disposed of. It is final when such adjudication completely disposes of the suit. It may be partly preliminary and partly final.

Where any injunction is passed without giving notice to the opposite party, the court will try to decide the application within

  1. 7 days

  2. 15 days

  3. 21 days

  4. 30 days


Correct Option: D
Explanation:

Option (4) is correct: Under Order XXXIX, Rule 3A of the Code of Civil Procedure, where an injunction has been granted without giving notice to the opposite party, the court shall make an endeavour to finally dispose of the application within thirty days from the date on which the injunction was granted.

Who can review the judgement passed by a court?

  1. The court passing the judgement

  2. The court of the District Judge

  3. The High Court

  4. The Supreme Court


Correct Option: A
Explanation:

Option (1) is correct: A judgement passed by a court can be reviewed by the very same court. Option (2) is incorrect: District judge can review its own decisions only. Option (3) is incorrect: The High Court can review its own decisions only. Option (4) is incorrect: The decisions of the Supreme Court can never be reviewed by it. 

Which of the following is not an essential condition for application of res judicata?

  1. Previous suit was finally heard and decided by the court of competent jurisdiction.

  2. Previous suit must be pending before a court.

  3. Parties in previous and the subsequent suit must be the same.

  4. Subject matter of previous and the subsequent suit must be the same.


Correct Option: B
Explanation:

Option (1) is incorrect: For the application of res judicata, previous suit should be finally heard and decided by the court of competent jurisdiction. Option (2) is correct: For the application of res judicata, previous suit should be heard and decided by the court. Option (3) is incorrect: Parties in the previous suit and subsequent suit must be same for the application of res judicata. Option (4) is incorrect: Subject matter of previous and the subsequent suit must be the same for the application of res judicata.

Date appointed by any court for presenting list of witnesses by the parties to obtain summons to them for their attendance in court shall not be later than

  1. ten days

  2. fifteen days

  3. eighteen days

  4. thirty days

  5. fifteen days plus three days of grace


Correct Option: B
Explanation:

Option (1) is incorrect: No such provision Option (2) is correct: Under Order XVI, Rule 1(1) of the Code of Civil Procedure, the parties shall present in court a list of witnesses whom they propose to call, not later than fifteen days after the date on which the issues are settled. Option (3) is incorrect: No such provision Option (4) is incorrect: No such provision

In case of failure of filing the written statement within thirty days, the defendant can be allowed to file the same on such other day specified by the court for reasons recorded in writing, which shall not be later than

  1. 45 days of summons

  2. 60 days of summons

  3. 90 days of summons

  4. 120 days of summons

  5. None of the above


Correct Option: C
Explanation:

Option (1) is incorrect: No such provision Option (2) is incorrect: No such provision Option (3) is correct: Order VIII, Rule 1 proviso states that where the defendant fails to file the written statement within thirty days, he shall be allowed to file the same on such other day, as may be specified by the court, for reasons to be recorded in writing, but which shall not be later than ninety days from the date of service of summons. Option (4) is incorrect: No such provision

During the proceeding of execution of a decree, a question arises as to whether any person is or is not the representative of a party. Such question shall be determined by the

  1. court which passed the decree

  2. court executing the decree

  3. appellate court

  4. None of these


Correct Option: B
Explanation:

Option (1) is incorrect: The court passing the decree cannot determine such question. Option (2) is correct: Under Section 47(3) of the Code of Civil Procedure, where a question arises as to whether any person is or is not the representative of a party, such question shall be determined by the court executing the decree. Option (3) is incorrect: The appellate court cannot determine such question.

In a suit which relates to a railway, the authority to be named as plaintiff or defendant shall be the

  1. General Manager of the railway

  2. Secretary to the Central Government

  3. Collector of the district

  4. Union of India

  5. Any of the above


Correct Option: A
Explanation:

Option (1) is correct: In case of a suit against the Central Government where it relates to a railway, no suit shall be instituted under Section 80 of the Code of Civil Procedure until the expiration of two months next after the notice in writing has been delivered to or left at the office of the General Manager of that railway. Option (2) is incorrect: In case of a suit against the Central Government, except where it relates to a railway, no suit shall be instituted under Section 80 of the Code of Civil Procedure until the expiration of two months next after the notice in writing has been delivered to or left at the office of a Secretary to that Government. Option (3) is incorrect: In case of a suit against a State Government, no suit shall be instituted under Section 80 of the Code of Civil Procedure until the expiration of two months next after the notice in writing has been delivered to or left at the office of a Secretary to that Government or the Collector of the district. Option (4) is incorrect: No such provision

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