MCQ 09 May 2024

Daily MCQs for Judiciary Prelims Exams - (09 May 2024)



Question/ Answer
Question1:- Which of the following must be stated in the pleadings
  • (a) Facta probantia
  • (b) Facta Probanda
  • (c) Both (a) and (b)
  • (d) Neither (a) nor (b)
Answer is B is correct. Facta probantia means evidentiary facts and facta probanda means material facts. In the pleadings, only facta probanda I.e. material facts should be stated. Therefore option (b) is the correct answer.
Question2:- Order 7 Rule 1 of Civil Procedure Code, 1908 is related to
  • (a) Pleadings’s meaning
  • (b) Written statement
  • (c) Particulars to be contained to plaint
  • (d) None of the above
Answer is C is correct. Order 7 deals with plaint and Rule 1 deals with particulars to be contained to plaint. Therefore option (c) is the correct answer.
Question3:- Mark the correct statement
  • (a) No letter patent appeal can lie from an order made in the exercise of revisional jurisdiction
  • (b) Letter patent appeal can lie from an order made in the exercise of revisional jurisdiction
  • (c) No letter patent appeal can lie from an order made in the exercise of revisional jurisdiction unless with the consent of the appellate court
  • (d) None of the above
Answer is A is correct. In Munikrishna Reddy vs. S.K. Ramaswami, (1969) court stated that no letters patent appeal lies from an order made in exercise of revisional jurisdiction of High Court or Supreme Court. Therefore option (a) is the correct answer.
Question4:- During service of summons defendant was found absent from his residence and within reasonable time no chance to get back at his residence, service of the summons may be made on
  • (a) On servant
  • (b) Minor daughter
  • (c) Adult son
  • (d) Munim
Answer is C is correct. If during the service of summons, defendant was found absent from his residence and within reasonable time no chance to get back at his residence, service of the summons may be made on adult member of the family and not to servant. Therefore option (c) is the correct answer.
Question5:- Where the serving officer delivers or tenders a copy of the summons to the defendant personally or to his agent, he must require such a person to sign an acknowledgement of service to be endorsed on the original summons. Then
  • (a) The copy of the summons will be delivered to the defendant.
  • (b) The original summons with the defendant’s signature thereon, will be returned to the court.
  • (c) Both (a) and (b)
  • (d) The original summons with the defendant’s signature thereon, will be returned to the plaintiff.
Answer is C is correct. Where the serving officer delivers or tenders a copy of the summons to the defendant personally or to his agent, he must require such a person to sign an acknowledgement of service to be endorsed on the original summons. Then the copy of the summons will be delivered to the defendant and the original summons with the defendant’s signature thereon, will be returned to the court. Therefore option (c) is the correct answer.
Question6:- Where the defendant is confined in a prison, the summons shall be served
  • (a) By affixing outside the prison
  • (b) By sending process server in the prison
  • (c) By delivery of the summons to the Officer incharge of the prison for service on the defendant
  • (d) By production warrant through the court
Answer is C is correct. When the defendant is confined in a prison in that case summons shall be served by delivering the summons to the officer in-charge of the prison for service on the defendant. Therefore option (c) is the correct answer.
Question7:- Where a defendant was avoiding service deliberately, the court ordered service by advertisement in a newspaper, but it did not order to affix the summons in the court house or at the defendant’s house also. The procedure adopted by the court is
  • (a) Regular
  • (b) Irregular
  • (c) Improper
  • (d) Unjustified
Answer is A is correct. Where the defendant is avoiding the services deliberately then in that case court after all the due measures can advertise the details of the summons in the newspaper which is circulated in that district where the defendant resides or carries on his business, this method is regular in form and the court is not required to affix the summons in the court house. Therefore option (a) is the correct answer.