Daily MCQs for Judiciary Prelims Exams - (08 May 2024)

Question/ Answer

Question1:- For what purpose a commission cannot be issued by the court under Order 26 of CPC

(a) To make local inquiry
(b) To adjust accounts
(c) To conduct sale
(d) To perform ministerial acts

Answer is A is correct. Court can issue commission for examining witnesses, making local investigation, adjusting accounts, making partition, conducting sale and for performing ministerial act but to conduct inquiry is role of court for which no commission can be issued. Therefore option (a) is the correct answer.

Question2:- All the necessary and important documentary evidences to be produced in original by the party or his pleader

(a) After the written statement was filed by the defendant
(b) On or before the settlement of issues
(c) Before the judgment is pronounced in the case
(d) After the oral evidence of the parties

Answer is B is correct. According to Order 13 Rule 1 parties or pleaders are required to produce all the documentary evidence in original, on or before settlement of issues. Therefore option (b) is the correct answer.

Question3:- In which suits does Order 22 which deals with death, marriage and insolvency of parties does not applies to and its nature

(a) Order 22 does not apply to trials and its nature is exhaustive
(b) Order 22 does not apply to appeal and its nature is inclusive
(c) Order 22 does not apply to execution proceedings and its nature is exhaustive
(d) Order 22 does not apply to appeals and its nature is exhaustive

Answer is C is correct. Order 22 deals with the creation, assignment or devolution of interest through death, marriage and insolvency during the pendency of suits or in appeals but it does not apply to execution proceedings further its nature is exhaustive. Therefore option (c) is the correct answer.

Question4:- A files a suit against B, a trustee under Section 92 of CPC for his removal as a trustee and also for settlement of scheme and B dies during the pendency of the suit

(a) Suit will fully abate
(b) Suit will abate with regard to settlement of scheme but survives as regard to A’s removal as a trustee
(c) Suit will abate with regard to A’s removal as a trustee but survives as regard to settlement of scheme
(d) Suit will not abate

Answer is C is correct. An abatement of suit may be total or partially. If the entire suit is founded on tort or on personal action, the suit would abate as a whole on death of either party but when it is founded partly on tort and partly on contract, in that case, claim relating to tort will abate whereas claim relating to contract will survive. Hence, settlement of scheme will survive as the action is founded on the basis of contract. Therefore option (c) is the correct answer.

Question5:- Effect of abatement under Order 22 of CPC

(a) Fresh suit can be filed on the same cause of action
(b) Fresh suit can be filed on the same cause of action with the consent of the High Court
(c) Fresh suit can be filed on the same cause of action with the consent of the trial court
(d) Fresh suit cannot be filed on the same cause of action

Answer is D is correct. When the suit is abated in that case no new suit can be filed on the same cause of action, the only remedy available to the plaintiff or the person claiming to be a legal representative is to get the abatement set aside. Therefore option (d) is the correct answer.

Question6:- Remedies against ex parte decree passed under Order 9 Rule 9 of CPC

(a) Prefer an appeal under Section 96(3)
(b) To apply for review under Order 46
(c) Apply to set aside the decree passed under Order 9 Rule 13
(d) All of the above

Answer is C is correct. When an ex parte decree is passed then in that case the aggrieved has the right to set it aside by applying the court which passed that decree under Order 9 Rule 13 or prefer an appeal under Section 96(2) or revision under Order 47 of CPC or file a suit for fraud. Therefore option (c) is the correct answer.

Question7:- Arun sues Manoj and Bhupendra, joint executors of a promissory note, for the recovery of amount due thereunder. As a matter of fact, Bhupendra has paid the amount due to Arun. Summons is served on Manoj alone. None of them appears and an ex parte decree is passed against the both of them. B applies to set it aside.

(a) Decree must be set aside against Bhupendra alone
(b) Decree must be set aside against both Manoj and Bhupendra
(c) Decree must not be set aside against any as they did not appear on service of summons
(d) Decree must be set aside against Manoj only

Answer is B is correct. In the give facts, decree must be set aside against both Manoj and Bhupendra as they are joint executors and if Bhupendra succeeds in proving the payment he has made in that case there will be two inconsistent decrees and that cannot exist. Therefore option (b) is the correct answer.

MCQ 08 May 2024

Daily MCQs for Judiciary Prelims Exams - (08 May 2024)

Our Courses

Useful Links