Daily MCQs for Judiciary Prelims Exams - (04 April 2024)
Question/ Answer
Question1:- Inherent power under Section 151 of Code of Civil Procedure
(a) Necessary to meet end of justice and to prevent abuse of the process of court
(b) Necessary to give effect to any order of the court or to meet end of justice and
to prevent abuse of the process of court
(c) Necessary to give effect to any order and decree of the court or to meet end of
justice and to prevent abuse of the process of court
(d) None of the above
Answer is A is correct. Section 151 of the Code states nothing in this Code shall be deemed to limit or
otherwise affect the inherent power of the Court to make such orders as may be necessary for
the ends of justice or to prevent abuse of the process of the Court. Therefore option (a) is the
correct answer.
Question2:- A files a suit against B for the recovery of Rs. 10,000 in the court. Court passes a
decree for Rs. 1,000 ‘as prayed’. The decree can be amended under which section of
Code of Civil Procedure
(a) Section 152
(b) Section 155
(c) Section 154
(d) Section 153
Answer is A is correct. Clerical or arithmetical mistakes in judgments, decrees or orders or errors
arising therein from any accidental slip or omission may at any time be corrected by the
Court either of its own motion or on the application of any of the parties as per Section 152 of
the Code. Therefore option (a) is the correct answer.
Question3:- If there is some omission in not granting pendent lite interest
(a) It can be held as an accidental omission or mistake and trial court or appellate
court has power to award pendent lite interest under Section 153
(b) It can be held as an accidental omission or mistake and trial court or appellate
court has power to award pendent lite interest under Section 152
(c) It cannot be held as an accidental omission or mistake, neither the trial court
nor appellate court has power to award pendent lite interest under Section 153
(d) It cannot be held as an accidental omission or mistake, neither the trial court
nor appellate court has power to award pendent lite interest under Section 152
Answer is D is correct. In Dwarka Das v. State of M.P., Supreme Court held that the omission in not
granting pendent lite interest could not be made as an accidental omission or mistake, neither
the trial court nor appellate court has power to award pendent lite interest under Section 152.
Therefore option (d) is the correct answer.
Question4:- The court may from time to time enlarge such period not exceeding thirty days in
total under Section 148 of the Code
(a) When the period is fixed by the law
(b) When the period is fixed by the court
(c) Both (a) and (b)
(d) In none of the above cases
Answer is B is correct. Section 148 of the Code states where any period is fixed or granted by the Court
for the doing of any act prescribed or allowed by this Code, the Court may, in its discretion,
from time to time, enlarge such period, not exceeding thirty days in total, even though the
period originally fixed or granted may have expired. Therefore option (b) is the correct
answer.
Question5:- A purchased a property in court auction knowing that a suit is pending in appeal
related to that immovable property. Later the decree was set aside
(a) A has the right to restitution as per Section 144
(b) A cannot resist restitution as against the decree set aside as per Section 144
(c) A can resist restitution as against the decree only with the prior consent of
the court under Section 144
(d) A can resist restitution as against the decree only with the prior consent of
the opposite party and the court under Section 144
Answer is B is correct. In Chinnammal v. P. Arumugham while dealing with the question of restitution
Supreme Court held that a person who purchases property in court auction with the
knowledge of appeal against the decree cannot resist restitution after the decree has been set
aside in appeal. Therefore option (b) is the correct answer.
Question6:- No Judge, Magistrate or other judicial officer shall be liable to arrest under civil
process while going to, presiding in, or returning from, his Court
(a) Section 132
(b) Section 133
(c) Section 134
(d) Section 135
Answer is D is correct. As per Section 135 (1) no Judge, Magistrate or other judicial officer shall be
liable to arrest under civil process while going to, presiding in, or returning from, his Court.
Therefore option (d) is the correct answer.
Question7:- Decree means
(a) an order adjudicating claims
(b) informal expression of an adjudication
(c) formal expression of an adjudication but shall not include any adjudication from
which an appeal lies as an appeal from an order
(d) none of the above
Answer is C is correct. Decree as per Section 2(2) means a formal expression of adjudication but shall
not include any adjudication from which an appeal lies as an appeal from an order.
Therefore option (c) is the correct answer.