Daily MCQs for Judiciary Prelims Exams - (04 May 2024)

Question/ Answer

Question1:- A minor on attaining majority may, if a sole plaintiff, apply that a suit instituted in his name by his next friend be dismissed on the ground that it was

(a) Vexatious or unreasonable
(b) Improper or fraudulent
(c) Fraudulent or vexatious
(d) Unreasonable or improper

Answer is D is correct. As per Order 32 Rule 14 A minor on attaining majority may, if a sole plaintiff, apply that a suit instituted in his name by his next friend be dismissed on the ground that it was unreasonable and improper, though, notice to serve on all the concerned parties and on court being satisfied by such unreasonableness or impropriety may grant application and order the next friend to pay costs to the parties. Therefore option (d) is the correct answer.

Question2:- A suit filed in representative capacity can be withdrawn, compromise and abandoned etc. by the plaintiff

(a) Without notice to all the persons interested
(b) After notice to all the persons interested
(c) Both (a) & (b)
(d) Either (a) or (b)

Answer is B is correct. As per Order 1 Rule 8 (4) no part of the claim in any such suit shall be abandoned under sub-rule (1), and no such suit shall be withdrawn under sub-rule (3), of rule 1 of Order XXIII, and no agreement, compromise or satisfaction shall be recorded in any such suit under rule 3 of that Order, unless the Court has given, at the plaintiff's expense, notice to all persons so interested in the manner specified in sub-rule (2). Therefore option (b) is the correct answer.

Question3:- A necessary party is one in whose

(a) Absence no order can be made effectively
(b) Absence an order can be made but whose presence is necessary for the complete decision of the case
(c) Only (b) is correct
(d) None of above

Answer is A is correct. A necessary party is one in whose absence no order can be effectively made by the court as his presence is necessary for the final disposal of the suit. Therefore option (a) is the correct answer.

Question4:- Order II Rule 2 of CPC does not apply to

(a) Application for execution
(b) Writ petitions
(c) Both (a) and (b)
(d) None of the above

Answer is C is correct. Order II Rule 2 does not apply to application for execution and writ petition as Rule 2 talks about joinder of cause of action which can be done only in a suit. Therefore option (c) is the correct answer.

Question5:- A lets a house to B at a yearly rent of Rs. 10,000. The rent for the whole of the years 2006 to 2008 is due and unpaid. A sues B in 2009 only for the rent due for 2007

(a) A can afterwards sue B for the rent due for 2006 only
(b) A can afterwards sue B for the rent due for 2008 only
(c) A can afterwards sue B for the rent due both for 2006 and 2008
(d) A cannot afterwards sue B for the rent due for 2006 or 2008

Answer is D is correct. In the given facts, A cannot afterwards sue B for the rent due for 2006 or 2008 as all the cause of action should be raised in a single suit and no new suit to be filed for it as per Order II Rule 2. Therefore option (d) is the correct answer.

Question6:- Which of the following is not a ground for the court to order separate trials under Order II Rule 6 C.P.C.?

(a) Delay in the trial
(b) Embarrassment of the trial
(c) Inconvenience
(d) None of the above

Answer is D is correct. Order II Rule 6 states court’s power to order separate trials, where it appears to the Court that the joinder of causes of action in one suit may embarrass or delay the trial or is otherwise inconvenient, the Court may order separate trials or make such other order as may be expedient in the interests of justice. Therefore option (d) is the correct answer.

Question7:- Under Order IV, Rule 1, sub-rule (1) of CPC, a suit is instituted when

(a) A plaint in duplicate is presented to the court
(b) A plaint is presented to the court
(c) A plaint in triplicate is presented to the court
(d) Either (a) or (b) or (c)

Answer is A is correct. Every suit shall be instituted by presenting plaint in duplicate to the Court or such officer as it appoints in this behalf. Plaint in duplicate was substituted by 1999 amendment act earlier it was only plaint to the court. Therefore option (a) is the correct answer.

MCQ 04 May 2024

Daily MCQs for Judiciary Prelims Exams - (04 May 2024)

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