MCQ 06 May 2024

Daily MCQs for Judiciary Prelims Exams - (06 May 2024)



Question/ Answer
Question1:- By which amendment act, maximum adjournments which can be granted by the court in a case has been limited to 3 in number
  • (a) By CPC Amendment Act 1996
  • (b) By CPC Amendment Act 1999
  • (c) By CPC Amendment Act 2002
  • (d) By CPC Amendment Act 1976
Answer is B is correct. By CPC Amendment Act 1999, proviso to Rule 1 sub rule (1) was inserted in Order 17 of CPC which stated that no such adjournment shall be granted more than three time to a party during hearing of the suit. Therefore option (b) is the correct answer.
Question2:- List of witnesses to be summoned by the parties to be filed
  • (a) On such date when the court appoints which shall not be later than 15 days after the defendant has filed his written statement
  • (b) On such date when the court appoints which shall not be later than 30 days after the plaint has been presented
  • (c) On such date when the court appoints which shall not be later than 15 days after the issues have been framed
  • (d) On such date when the court appoints which shall not be later than 30 days after the plaintiff has submitted his other documents
Answer is C is correct. Parties are required to submit in court a list of witnesses whom they proposes to call either to give evidence or to produce documents and to obtain summonses for their attendance in court. Though such list to be filed on or before such date as the court specifies but not later than 15 days after the issues are framed as per Order 16 Rule 1. Therefore option (c) is the correct answer.
Question3:- Under which provision defendant may be allowed to b transposed as a plaintiff where the suit is withdrawn by the plaintiff
  • (a) Order 24 Rule 2A
  • (b) Order 23 Rule 1A
  • (c) Order 23 Rule 2A
  • (d) Order 24 Rule 1A
Answer is B is correct. As per Order 23 Rule 1A which deals with withdrawal and compromise a defendant may be allowed to be transposed as a plaintiff where the suit is withdrawn by the plaintiff, if he has a substantial question to be decided against the co-defendant then is entitled to seek his transposition as plaintiff for determination of such a question against the said co-defendant in the given suit itself. Therefore option (b) is the correct answer.
Question4:- What condition is not required to be fulfilled for a lawful compromise under Order 23 of CPC
  • (a) There must be an agreement
  • (b) Must be in writing and signed by the witnesses
  • (c) Recorded by the court
  • (d) All the conditions are required to be fulfilled
Answer is B is correct. As per Order 23 Rule 3 court is required to be satisfied that all the conditions are fulfilled before passing the consent decree in a suit. Conditions are- there must be an agreement or compromise entered into by the parties, in writing and signed by the parties, the terms must be lawful and recorded by the court. Hence, signed by the witnesses is not a valid condition. Therefore option (b) is the correct answer.
Question5:- Mark the correct statement
  • (a) A compromise decree cannot operate as res judicata but only rule of estoppel will apply between the parties
  • (b) A compromise decree can operate as res judicata but rule of estoppel will not apply between the parties
  • (c) A compromise decree cannot operate as res judicata and rule of estoppel will also not apply between the parties
  • (d) A compromise decree can operate as res judicata and rule of estoppel will also apply between the parties
Answer is A is correct. In Pulavarthi Venkata vs. Valluri Jagannadha (1967) it was observed and stated that a compromise decree cannot operate as res judicata as it cannot be said that a suit is heard and finally decided by the court on merit. However, it may create an estoppel between the parties. Therefore option (a) is the correct answer.
Question6:- Who cannot appoint a receiver under Order 40 of CPC
  • (a) Appellate Court
  • (b) Trial Court on the application of party
  • (c) Court before which the proceedings are pending
  • (d) Court suo moto
Answer is D is correct. Court be it trial court or appellate court has the power to appoint receiver only on the application of the parties and has no power to suo moto appoint them. Therefore option (d) is the correct answer.
Question7:- Which provision deal with security for costs
  • (a) Order 21
  • (b) Order 23
  • (c) Order 25
  • (d) Order 27
Answer is C is correct. Order 25 deals with security for costs. It states that the court may at any stage of the suit order the plaintiff to give security for the payment of costs of the defendant. Therefore option (c) is the correct answer.