MCQ 13 May 2024

Daily MCQs for Judiciary Prelims Exams - (13 May 2024)



Question/ Answer
Question1:- Dasti summons for the service on the defendants are provided under which Rule of Order V
  • (a) Rule 7A
  • (b) Rule 8B
  • (c) Rule 9A
  • (d) Rule 12B
Answer is C is correct. Dasti summons means when the party is required to serve the summons to its witnesses on its own without the involvement of court, where the personal service of summons is made on witness it is covered under Order 5 Rule 9A. Therefore option (c) is the correct answer.
Question2:- A fresh suit on the same cause of action is not barred when
  • (a) Rejected under Order VII, Rule 11 of CPC
  • (b) Dismissed under Order IX, Rule 2 of CPC
  • (c) Dismissed under Order IX, Rule 3 of CPC
  • (d) Either (a) or (b) or (c)
Answer is D is correct. A fresh suit on the same cause of action is not barred when the plaint is rejected on the grounds mentioned under Rule 11 of Order 7 or the plaint is dismissed due non service of summons under Rule 2 or when the plaint is dismissed when neither party to the suit appears on the date fixed by the court for hearing under Rule 3 of Order 9 of CPC. Therefore option (d) is the correct answer.
Question3:- A defendant under Order V, Rule 1(l) of C.P.C is required to appear, answer the claim and to file the written statement
  • (a) Within 90 days from the date of service of summons
  • (b) Within 60 days from the date of service of summons
  • (c) Within 30 days from the date of service of summons
  • (d) Within 15 days from the date of service of summons
Answer is C is correct. A defendant under Order 5 is required to appear and answer the claim by filing a written statement to that effect within 30 days from the date of service of summons upon him. The maximum period can be extended upto 90 days in total. Therefore option (c) is the correct answer.
Question4:- No evidence is required to be pleaded in
  • (a) Written statement
  • (b) Writ petition
  • (c) Counter affidavit
  • (d) all of the above
Answer is D is correct. Only relevant facts to be pleaded in the pleading as per Order 4 of CPC but evidentiary facts should not be pleaded in either written statement, writ petition or in counter affidavit. Therefore option (d) is the correct answer.
Question5:- Under Order VI Rule 15 of CPC pleading must be verified by
  • (a) All the parties
  • (b) Any one of the parties
  • (c) All the parties if there are more than one or any one of the parties only
  • (d) Any two major parties only
Answer is C is correct. The pleadings under Order 6 Rule 15 must be verified by all the parties if there are more than one or any one of the parties only. Therefore option (c) is the correct answer.
Question6:- Amendment in pleading shall be effective
  • (a) From the date of pleading
  • (b) From the date of application
  • (c) From the date of the order
  • (d) Either (b) or (c)
Answer is B is correct. Amendment in pleading shall be effective from the date of application of amendment made by the party under Order 6 Rule 17. Therefore option (b) is the correct answer.
Question7:- Under which provision of the Code of Civil Procedure it is necessary for a party to prove that in spite of all due diligence, the matter could not be raised before the commencement of the trial
  • (a) Order XI Rule 12
  • (b) Order VI Rule 17
  • (c) Order VI Rule 16
  • (d) Order V Rule 15
Answer is B is correct. Under Order 6 Rule 17 amendment should not be allowed after the commencement of trail but if it necessary to determine the real question in controversy between the parties and it is proved that in spite of due diligence matter could not be raise before the commencement, in that case, court will allow amendment of pleading after the commencement of trial. Therefore option (b) is the correct answer.

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