Daily MCQs for Judiciary Prelims Exams - (03 April 2024)

Question/ Answer

Question1:- No order for detention of the judgment debtor in civil prison in execution of a decree for the payment of money shall be made where the total amount of the decree does not exceed

(a) Five hundred rupees
(b) One hundred rupees
(c) Two thousand rupees
(d) Five thousand rupees

Answer is C is correct. As per Section 58(1A) of the Code no order for detention of the judgment debtor in civil prison in execution of a decree for the payment of money shall be made where the total amount of the decree does not exceed 2000 rupees. Therefore option (c) is the correct answer.

Question2:- In which of the following ways can the Court not order execution of a decree as per Section 51 of the Code?

(a) By delivery of any property specifically decreed
(b) By attachment and sale of property
(c) By serving summons on the party
(d) By appointing a receiver

Answer is C is correct. Section 51 of the Code states powers of the court to enforce execution by delivery, attachment and sale, arrest and detention, appointment of receiver. There is no method of serving summons on the party. Therefore option (c) is the correct answer.

Question3:- Provisions of Section 39 of CPC are

(a) permissive and not mandatory
(b) mandatory and not permissible
(c) mandatory and discretionary
(d) none of the above

Answer is A is correct. Section 39 of the Code talks about transfer of decree, which is permissive and not mandatory as clause (1) starts with The Court which passed a decree may, on the application of the decree holder, send it for execution to another Court of competent jurisdiction. Therefore option (a) is the correct answer.

Question4:- Which of the following is true

(a) The pendency of suit in a foreign court precludes the courts in India from a trying a similar suit
(b) The pendency of a suit in a foreign court precludes the courts in India from trying a similar suit provided the suit is founded on the same cause of action
(c) The pendency of a suit in a foreign court does not preclude the courts in India from trying similar suit even if it is founded on the same cause of action
(d) None of the above

Answer is C is correct. Section 10 explanation states 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. Therefore option (c) is the correct answer.

Question5:- Point out the wrong statement:

(a) Where the defendant appears and the plaintiff does not appear, when the suit is called for hearing, the court shall dismiss the suit and the plaintiff shall be barred from filing a fresh suit on the same cause of action.
(b) No appeal may lie from an original decree passed ex parte.
(c) The plaintiff may apply to the court which passed an ex parte decree against him, for an order to set it aside.
(d) No court shall set aside a decree passed ex parte merely on the ground that there has been an irregularity in the service of summon upon the defendant.

Answer is B is correct. As per Section 96(2) an appeal may lie from an original decree passed ex parte. Therefore option (b) is the correct answer.

Question6:- In the case of a public nuisance a suit under Section 91 of the Code of Civil Procedure for a declaration and injunction may be instituted by

(a) A person aggrieved
(b) A person to whom special damage has been caused by reason of such public nuisance
(c) With the leave of the court of two or more persons, even though no special damage has been caused to such persons
(d) Two or more persons to whom special damage has been caused by reason of such public nuisance

Answer is C is correct. As per Section 91 of the Code in the case of a public nuisance or other wrongful act affecting, or likely to affect, the public, a suit for a declaration and injunction or for such other relief as may be appropriate in the circumstances of the case, may be instituted, (a) by the Advocate-General, or (b) with the leave of the Court, by two or more persons, even though no special damage has been caused to such persons by reason of such public nuisance or other wrongful act. Therefore option (c) is the correct answer.

Question7:- Which of the following statements is correct?

(a) No suit, not involving urgent or immediate relief, may be instituted against the Central Government except after serving a notice of two months.
(b) A decree against the Union of India may not be executed unless it remains unsatisfied for a period of three months.
(c) Both (a) and (b) are correct.
(d) Both (a) and (b) are incorrect.

Answer is C is correct. Both the statements are correct as per Section 80 and 83 of the Code respectively. Therefore option (c) is the correct answer.

MCQ 03 April 2024

Daily MCQs for Judiciary Prelims Exams - (03 April 2024)

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