MCQ 30 April 2024

Daily MCQs for Judiciary Prelims Exams - (30 April 2024)



Question/ Answer
Question1:- under Order 37?
  • (a) 30 days
  • b) 60 days
  • c) 15 days
  • d) 10 days
Answer is D is correct. As per Order 37 Rule 3 defendant has 10 days time from the date of service of proper summons upon him to apply for leave to defend in the court and such leave would be granted only when an affidavit has been filed by the defendant disclosing such facts as may be deemed sufficient to entitle him to defend. Therefore option (d) is the correct answer.
Question2:- If defendant failed to file a leave to defend then in that case what procedure is followed by the court in summary suits
  • (a) To proceed ex-parte
  • b) To decree forthwith
  • c) Give maximum 30 days extended time to file the defence
  • d) To call upon plaintiff’s witnesses and record the statement
Answer is B is correct. On failure to file leave to defence by the defendant, in that case court has the power to move forward and the plaintiff is entitled to the decree forthwith without any further proceedings as not filing defence in summary suit leads to ipso facto acceptance of the claim made by the defendant. Therefore option (b) is the correct answer.
Question3:- A preliminary decree can be granted for suit for redemption under which Order of CPC
  • (a) Order 34 Rule 2
  • b) Order 34 Rule 4
  • c) Order 34 Rule 6
  • d) Order 34 Rule 7
Answer is D is correct. In a suit for redemption, if the plaintiff succeeds, the court shall pass preliminary decree in that case under Order 34 Rule 7. If no payment is made by the plaintiff then the defendant shall be entitled to apply for final decree that the mortgaged property be sold or that the plaintiff be debarred of his right to redeem the property depending upon its nature. Therefore option (d) is the correct answer.
Question4:- What is the time period within which a decree should be drawn up after the judgment has been delivered
  • (a) 90 days
  • b) 60 days
  • c) 30 days
  • d) 15 days
Answer is D is correct. A decree as per Order 20 Rule 6A, should be drawn up within fifteen days from the date of the judgment. If the decree is not drawn up, an appeal can be preferred without filing a copy of the decree. Therefore option (d) is the correct answer.
Question5:- What is the maxim period allowed by the law to the court to pronounce the judgment after the conclusion of the hearing
  • (a) Within 60 days as per Order 20 Rule 1
  • b) Within 90 days as per Order 21 Rule 1
  • c) Within 15 days as per Order 20 Rule 3
  • d) Within 30 days as per Order 20 Rule 5
Answer is A is correct. As per Order 20 Rule 1 after the hearing has been completed the court shall pronounce the judgment in an open court either at once or on some future date after giving due notice to the parties or their pleaders. It should be delivered within 30 days from the conclusion of hearing and in exceptional and extraordinary circumstances, it may extend to 60 days. Therefore option (a) is the correct answer.
Question6:- Under Order 18 statements of the witnesses to be recorded by
  • (a) Magistrate in open court
  • b) Court commissioner
  • c) Collector
  • d) Both (a) and (b)
Answer is B is correct. Through CPC (Amendment) Act 2002 change has been made where earlier statement of the witnesses were recorded by the court in the open court which consumed a lot of time, to minimise that time, oral evidence can now be recorded by the court commission and he is required to submit the record to the court. Therefore option (b) is the correct answer.
Question7:- When adjournment may be granted by the court under Order 17 of CPC
  • (a) Sickness of the party
  • b) Unreasonable conduct of a party or his advocate
  • c) Refusal to examine or cross-examine a witness present in the court
  • d) All of the above
Answer is A is correct. As per Order 17 Rule 1 and 2 adjournment may be granted by the court when the party is sick or his please is sick and may not be allowed on unreasonable conduct or refusal to examine or cross examining a witness who is present in the court. Therefore option (a) is the correct answer.