MCQ 29 April 2024

Daily MCQs for Judiciary Prelims Exams - (29 April 2024)



Question/ Answer
Question1:- Will an appeal lie against an order rejecting an application to set aside ex parte decree?
  • (a) Yes
  • (b) No
  • (c) Not always
  • (d) None of the above
Answer is A is correct. Yes an appeal can lie against an order rejecting an application to set aside ex parte as per Section 96 (2) of CPC. Therefore option (a) is the correct answer.
Question2:- An appeal against the decision in appeal of appellate bench of Small Causes Court/District Court would lie before
  • (a) Hon’ble High Court
  • (b) Competent Authority appointed by the State
  • (c) No appeal lies
  • (d) Supreme Court
Answer is C is correct. No appeal would lie against the decision in appeal of appellate bench of Small Causes Court/District Court. Therefore option (c) is the correct answer.
Question3:- Who may apply for reference under Section 113 of the Code of Civil Procedure 1908
  • (a) A party to suit
  • (b) Court
  • (c) Both (a) and (b)
  • (d) None of the above
Answer is B is correct. Subject to such conditions and limitations as may be prescribed, any Court may state a case and refer the same for the opinion of the High Court, and the High Court may make such order thereon as it thinks fit. Therefore option (b) is the correct answer.
Question4:- Which is the final court to determine substantial question of fact involved in the case
  • (a) Second appellate court
  • (b) First appellate court
  • (c) Supreme Court
  • (d) All of the above
Answer is B is correct. A division bench of Supreme Court in Bhagyashree Anant Gaonkar v. Narendra@ Nagesh Bharma Holkar & Anr. 2023 reiterated the established position of law relating to Section 100 of CPC. The court observed that the provision clearly indicates that the first appellate court is the final court on question of fact. Therefore option (b) is the correct answer.
Question5:- Mark the correct statement
  • (a) Filing of revision petition shall operate as a stay of suit or other proceedings before the court
  • (b) Filing of revision petition shall not operate as a stay of suit or other proceedings before the court
  • (c) Filing of revision petition shall not operate as a stay of suit or other proceedings before the court except when it is ordered by High Court
  • (d) Filing of revision petition shall operate as a stay of suit or other proceedings before the court if revision is by Court of Session
Answer is C is correct. As per Section 115(3) of CPC which was inserted by Civil Procedure Code (Amendment) Act 1999, clarified that a mere filing of revision petition will not stay the proceedings except where such suit or other proceedings is stayed by the High Court. Therefore option (c) is the correct answer.
Question6:- A revision cannot lie as against the interim order which does not finally decide the matter
  • (a) True as per Section 115
  • (b) False as per Section 116
  • (c) True as per Section 116
  • (d) False as per Section 115
Answer is A is correct. It is a settled principle that those orders which are interim in nature are not the subject matter of revision under Section 115 of the Code. Therefore option (a) is the correct answer.
Question7:- Which provision deals with unauthorized persons not to address court
  • (a) Section 110
  • (b) Section 115
  • (c) Section 118
  • (d) Section 119
Answer is D is correct. Section 119 states nothing in this Code shall be deemed to authorize any person on behalf of another to address the Court in the exercise of its original civil jurisdiction, or to examine witnesses, except where the Court shall have in the exercise of the power conferred by its charter authorized him so to do, or to interfere with the power of the High Court to make rules concerning advocates, vakils and attorneys. Therefore option (d) is the correct answer.

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