MCQ 13 December 2023

Daily Static MCQs for Judiciary Prelims Exams - (13 December 2023)



Question/ Answer
Question1:- An application for amendment of pleadings is filed under:
  • (a) Order 6 Rule 17
  • (b) Order 6 Rule 5
  • (c) Order 38 Rule 5
  • (d) Order 21 Rule 1
Answer is A is correct. Order 6 Rule 17 deals with amendment of pleading whereby application can be made. Therefore option (a) is the correct answer.
Question2:- If a party who has obtained an order for leave to amend pleading does not amend the same within how many days, he shall not be permitted to do without leave of Court?
  • (a) Fifteen days
  • (b) Fourteen days
  • (c) Twenty days
  • (d) Thirty days
Answer is B is correct. As per Order 17 Rule 18 if a party fails to amend the pleadings after the order has been made within 14 days, then he shall not be permitted to amend after the expiration. Therefore option (b) is the correct answer.
Question3:- A suit may be defeated due to:
  • (a) Non joinder of a proper party
  • (b) Mis-joinder of a necessary party
  • (c) Non joinder of a necessary party
  • (d) Mis-joinder of a proper party
Answer is C is correct. As per Order 1 Rule 9 which talks about mis-joinder and non-joinder, it states that nothings in this rule shall apply to non-joinder of a necessary party. Whereby no suit to be defeated by a mere fact that a party was mis-joined or non-joined until, there is non- joinder of necessary party. Therefore option (c) is the correct answer.
Question4:- Disability for the purpose of section 6(1) of the Limitation Act, 1963, does not mean disability arising because of—
  • (a) minority
  • (b) insolvency
  • (c) insanity
  • (d) idiocy
Answer is B is correct. As per Section 6 of the Act, only minority, insanity and idiocy are the grounds of disability and not insolvency. Therefore option (b) is the correct answer.
Question5:- The provisions of Section 3 of the Limitation Act, 1963 are:
  • (a) Mandatory
  • (b) Directory
  • (c) Discretionary
  • (d) Optional
Answer is A is correct. The provisions of Section 3 of the Limitation Act, 1963 is mandatory in nature. It is the duty of the court to apply and look into the limitation period even if it is not raised as a defence. Therefore option (a) is the correct answer.
Question6:- Which Section is based on the principle of lex non cogit ad impossibilia—
  • (a) Section 4
  • (b) Section 5
  • (c) Section 14
  • (d) Section 15
Answer is A is correct. lex non cogit ad impossibilia this means the law cannot compel to do impossible act. Where the court is closed then filing of the suit becomes impossible hence this maxim applied in Section 4 of the Act. Therefore option (a) is the correct answer.
Question7:- Mere possession of title is
  • (a) Enough to maintain an action under Section 5 of the Specific Relief Act, 1963
  • (b) Not enough to maintain an action under Section 5 of the Specific Relief Act, 1963
  • (c) Only (b) is correct
  • (d) None of the above
Answer is A is correct. Mere possessory title is enough under Section 5 of the Limitation Act as it is governed by Code of Civil procedure but the same is not enough under Section 6 as person has to show dispossession. Therefore option (a) is the correct answer.

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