MCQ 14 May 2024

Daily MCQs for Judiciary Prelims Exams - (14 May 2024)



Question/ Answer
Question1:- The Court
  • (a) Can allow amendment of pleading at any stage of the proceeding
  • (b) A party can amend its pleadings at any stage
  • (c) Cannot allow amendment of pleadings
  • (d) Can allow amendment of written statement only
Answer is A is correct. Court can allow amendment of pleadings at any stage of the proceedings the only condition is that it should be amended before the judgment is pronounced in the cases where amendment is necessary to decide the issue between the parties. Therefore option (a) is the correct answer.
Question2:- Which provision specifically enables the court to pronounce judgment in case the defendant fails to file written statement or subsequent pleadings?
  • (a) Order VII Rule 6 CPC
  • (b) Order VIII Rule 10 CPC
  • (c) Order VIII Rule 8 CPC
  • (d) Order VIII Rule 5 CPC
Answer is B is correct. Order VIII Rule 10 provides where any party from whom a written statement is required under rule 1 or rule 9 fails to present the same within the time permitted or fixed by the Court, as the case may be, the Court shall pronounce judgment against him, or make such order in relation to the suit as it thinks fit and on the pronouncement of such judgment a decree shall be drawn up. Therefore option (b) is the correct answer.
Question3:- Which order is related to the maxim action personalis moritur cum persona
  • (a) Order 24
  • (b) Order 22
  • (c) Order 26
  • (d) Order 19
Answer is B is correct. Order 22 which deals with death marriage and insolvency of parties is related to the maxim action personalis moritur cum persona which means a personal action dies with the death of the person. Therefore option (b) is the correct answer.
Question4:- Order 7 Rule 10 to 10B provides for
  • (a) Return of Plaint
  • (b) Admission of Plaint
  • (c) Rejection of Plaint
  • (d) Documents relied on in Plaint
Answer is A is correct. Order 7 Rule 10 to 10B deals with the procedure to be followed by the court while returning the suit to be presented in a proper court, while doing so it should proper notice to the plaintiff and fix date for presentation of the suit in that court. Therefore option (a) is the court answer.
Question5:- Mark the incorrect statement
  • (a) The court must be competent to try the suit at the time of filing of the suit. Subsequent change in value does not affect the jurisdiction.
  • (b) It is the plaintiff’s valuation in the plaint that determines the jurisdiction of the court and not the amount for which ultimately the decree may be passed by the court.
  • (c) If the pecuniary jurisdiction of the court is Rs. 10,000 and the plaintiff files a suit for accounts and finally the court finds on taking the account that Rs. 15,000 are due, the court is not deprived of its jurisdiction to pass a decree for that amount.
  • (d) If the plaintiff undervalues or overvalues the claim for the purpose of choosing the forum, it is not the duty of the court to return it to be filed in the proper court.
Answer is D is correct. All the options except option (d) are correct as under Order 7 Rule 10 court has the power to return the suit to be presented in proper court where it lacks the jurisdiction to decide the suit. Therefore option (d) is the correct answer.
Question6:- Delay in filing the suit
  • (a) Cannot be condoned
  • (b) Can be condoned under Section 3 of the Limitation Act, 1963
  • (c) Can be condoned under Order VII, Rule 6 of the Code of Civil Procedure, 1908
  • (d) Can be condoned under Section 5 of the Limitation Act, 1963
Answer is C is correct. Delay in filing the suit can be condoned under Order 7 Rule 6, where the suit is instituted after the expiration of the period prescribed by the law of limitation, the plaint shall show the ground upon which exemption from such law is claimed. Therefore option (c) is the correct answer.
Question7:- Under which provision of CPC a plaint is rejected by the Courts in the absence of cause of action
  • (a) Order 7 Rule 11(a)
  • (b) Order 7 Rule 11(b)
  • (c) Order 7 Rule 11(d)
  • (d) Order 7 Rule 11(c)
Answer is A is correct. Under Rule 7(a) a plaint shall be rejected by the court where the cause of action is not disclosed though the plaintiff always has the right to file another suit on the same cause of action again in the same court as per Rule 13. Therefore option (a) is the correct answer.

Syllabus

Test Series

Notification

Brochure

Result