MCQ 05 March 2024

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



Question/ Answer
Question1:- Decree shall be deemed to include the rejection of a plaint and the determination of any question within Section 144 of C.P.C.
  • (a) Wrong
  • (b) Right
  • (c) It includes rejection of plaint but does not includes the determination of any question within Section 144 of C.P.C.
  • (d) It includes determination of any question within Section 144 but shall not include the rejection of a plaint
Answer is B is correct. As per Section 2(2) of the Code, means the formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit and may be either preliminary or final. It shall be deemed to include the rejection of a plaint and the determination of any question within section 144. Therefore option (b) is the correct answ
Question2:- Decree can be
  • (a) Preliminary
  • (b) Final
  • (c) First preliminary then final
  • (d) Either preliminary or final
Answer is D is correct. Decree as per Section 2(2) of the Code can be either preliminary or final. Therefore option (d) is the correct answer.
Question3:- A decision on an issue of law operates as res judicata
  • (a) If the cause of action in the subsequent suit is the same as in the former suit, only when the decision on the point of law is correct
  • (b) If the cause of action in the subsequent suit is the same as in the former suit, even though the decision on the point of law is erroneous
  • (c) If the cause of action in the subsequent suit is different from that in the former suit, when the decision on the point of law is correct
  • (d) None of the above
Answer is B is correct. A decision on an issue of law operates as res judicata if the cause of action in the subsequent suit is the same as in the former suit, even though the decision on the point of law is erroneous. Therefore option (b) is the correct answer.
Question4:- Foreign court under Section 2(5) of CPC means
  • (a) A court situated outside India
  • (b) A court situated outside India and not established under the authority of Government of India
  • (c) A court situated in India applying foreign law
  • (d) All the above
Answer is B is correct. Foreign court under Section 2(5) of CPC means a court situated outside India and not established under the authority of Government of India. Therefore option (b) is the correct answer.
Question5:- Who amongst the following is not “a public officer” within the meaning of Section 2(17) of CPC?
  • (a) A Judge
  • (b) Sarpanch of a Gram Panchayat
  • (c) A person in the service getting pay from the Government
  • (d) None of the above
Answer is B is correct. Sarpanch of a Gram Panchayat is not a public officer as per Section 2(17) of the Act. Therefore option (b) is the correct answer.
Question6:- Res judicata is
  • (a) a question of law
  • (b) a fact which should be pleaded
  • (c) a fact which need not be pleaded
  • (d) a matter which can be taken judicial notice of
Answer is B is correct. Res Judicata is a fact which should be pleaded by the party itself and it not upon the court to apply on its own. It is always on the part of the defendant to claim as against the plaintiff. Therefore option (b) is the correct answer.
Question7:- Provisions of Section 10 of C.P.C. are
  • (a) Directory
  • (b) Mandatory
  • (c) Discretionary
  • (d) None of the above
Answer is B is correct. Provisions of Section 10 which deals with Res Sub-judice are mandatory in nature and the court has to apply it. Therefore option (b) is the correct answer.