MCQ 05 April 2024

Daily MCQs for Judiciary Prelims Exams - (05 April 2024)



Question/ Answer
Question1:- Which of the following is not a legal representative under Section 2(11) of the CPC?
  • (a) Executors and administrators
  • (b) Official assignee or receiver
  • (c) Hindu coparceners
  • (d) Residuary legatees
Answer is B is correct. Official assignee or receivers are not legal representative under Section 2(11) of CPC. Therefore option (b) is the correct answer.
Question2:- As per Section 2(12) of CPC, ‘mesne profits’ of property are profits received by a person in
  • (a) Unlawful possession of the property
  • (b) Wrongful possession of the property
  • (c) Lawful possession of the property
  • (d) Effective possession of the property
Answer is B is correct. Mesne profits of property means those profits which the person in wrongful possession of such property actually received or might with ordinary diligence have received therefrom, together with interest on such profits, but shall not include profits due to improvements made by the person in wrongful possession. Therefore option (b) is the correct answer.
Question3:- Which of the following decisions is not a decree?
  • (a) Order of abatement suit
  • (b) Dismissal of appeal as time barred
  • (c) Rejection of plaint for non-payment of court fee
  • (d) Order refusing to set aside sale
Answer is D is correct. Order refusing to set aside sale is not a decree under Section 2(2) but an order under Section 2(14) of CPC. Therefore option (d) is the correct answer.
Question4:- The Code of Civil Procedure (Amendment) Act, 2002 came into force on
  • (a) 01.07.2002
  • (b) 01.04.2002
  • (c) 01.01.2002
  • (d) 01.06.2002
Answer is A is correct. Code of Civil Procedure Amendment Act 2002 came into force on 1 st April 2002. Therefore option (a) is the correct answer.
Question5:- In which of the following cases High Court cannot exercise its revision power under Section 115 of CPC
  • (a) Where the court refused to summon the deponent on an affidavit for cross examination
  • (b) The lower court dismisses a suit for non-production of a document
  • (c) Failure of the executing court to construe a decree
  • (d) Lower court initiated the ex-parte proceedings on non-appearance of opposite party
Answer is D is correct. Revision power can be exercised by High Court and it may call for the record of any case which has been decided by any Court subordinate to such High Court and in which no appeal lies thereto, and if such subordinate Court appears (a) to have exercised a jurisdiction not vested in it by law, or (b) to have failed to exercise a jurisdiction so vested, or (c) to have acted in the exercise of its jurisdiction illegally or with material irregularity, the High Court may make such order in the case as it thinks fit. In option (a) and (c) there was failure to exercise jurisdiction and in option (b) there was exercise of jurisdiction which was not vested in it by but in option (d) it was within the jurisdiction of the court to initiate ex parte proceedings as per Order 9. Therefore option (d) is the correct answer.
Question6:- The High Court cannot exercise the power of revision unless the case is decided by a ‘court’, court over here means
  • (a) A court of civil judicature
  • (b) Any person acting in an administrative capacity
  • (c) Person acting as a person’s designate
  • (d) All of the above
Answer is A is correct. Under Section 115 of CPC High Court cannot exercise the power of revision unless the case is decided by a ‘court’ and such court should be subordinate to High Court of Civil judicature and this does not include any person acting in an administrative capacity, person acting as a person’s designate. Therefore option (a) is the correct answer.
Question7:- In which of the following cases review cannot be granted
  • (a) When the judgment was pronounced without the notice to the parties
  • (b) Failure to apply the law of limitation to the facts found by the court
  • (c) Where the statement in the judgment is not correct
  • (d) Lower appellate court entertains an appeal from an order from which no appeal lies
Answer is D is correct. In all the above cases review can be granted expect in option (d) where lower court has exercised the jurisdiction which was not vested in it by law and hence revision petition can lie to High Court. Therefore option (d) is the correct answer.