b) Art.256 c) Art.254 d) Art.301 [AIBE-V] Q.130 Justice Ram Nandan Committee relates to: a) Union State relations b) Creamy layer c) Finance Commission d) Elections [AIBE-V] Q131 Original Jurisdiction of the Supreme Court is dealt under: a) Art.226 b) Art.130 c) Art.131 d) Art.124 [AIBE-V] Q.132 Laws declared by the Supreme Court shall be binding on all courts - mentioned under a) Art.142 b) Art.143 c) Art.136 4) Art.141 [AIBE-V] Q.133 A seven member bench of the Supreme Court unanimously struck down clauses 2(d) of Art.323 A and Clause 3(d) of Art.323B of the Constitution relating to tribunals which excluded the jurisdiction of High Court and Supreme Court. The court held that power of judicial review over legislative action is vested in the High Court under Art.226 and in the Supreme Court under Art.32. This is an integral part of the basic structure of the Constitution. Name the case. a) L Chandra Kumar Vs. Union of India b) Kihota Hollohon Vs. Zachilhu c) Nagaraj Vs. State of A. P. d) Rajendra Singh Rana Vs. Swami Prasad Mau- rya [AIBE-V] 1 min left in chapter 10%Q.134 The father of which of the leader has been the Deputy Prime Minister of India? a) Kumari Mayawati b) Mrs. Meira Kumar c) Mrs. Pratibha Devi Singh Patil d) Mrs. Vasundhara Raje [AIBE- Iv) Q135 Who was the Constitutional Advisor to the Constituent Assembly of India? a) Dr. Rajendra Prasad b) Dr. BR Ambedkar c)BN Rao d) Jawaharlal Nehru [AIBE-IV] Q.136 The concept of Judicial Review’ in Indiais based on: a) Procedure established by law b) Due process of law c) Rule of law d) International treaties and conven- tion [AIBE-IV] Q.137 Protection of environment is a: a) Constitutional Duty b) Directive Principle c) Fundamental Duty d) Both (b) & (c) [AIBE-IV] Q.138 The item ‘Education’ belongs to the: a) Union List b) State List ce) Concurrent List d) Residuary subjects [AIBE-IV] Q139 While interpreting the phrase ‘equal- ity before the law’ contained in Article 14 of the Constitution, the Supreme Court constantly maintained that equality means: 1 min left in chapter 10%a) Absolute equality among human beings b) Equal treatment to all persons c) Among equals, the law should be equal and should be equally administered d) Both (b) & (c) [AIBE-IV] Q.140 The number of Fundamental Rights avail- able in Constitution of India is: a) Six b) Seven. c) Eight d) Ten [AIBE-IV] Q.141 Which one of the following Fundamental Rights was described by Dr. B. R. Arnbedkar as ‘the heart and soul of the Constitution’? a) Rights to equality b) Rights to Freedom of Religion c) Rights to Constitutional Remedies d) All of the above [AIBE-IV] Q.142 What is the period of appointment of the Comptroller and Auditor General of India? a) 6 years b) Upto 65 years of age c) 6 years or 65 years of age whichever is earlier d) Upto 62 years of age [AIBE-IV] Q.143 Which of the following writs is a bulwark of personal freedom? a) Quo Warranto b) Mandamus c) Habeas Corpus d) Certiorari [AIBE- IV] Q.144 ‘Supremacy of law’, ‘Equality before law’ and ‘Predominance of legal spirit’ are the basic principles of doctrine of: a) Colorable Legislation 1 min left in chapter 10%b) Doctrine of ‘Separation of Powers’ c) Doctrine of ‘Rule of Law’ d) Doctrine of ‘Excessive delega- tion’ [AIBE-IV] Q.145 “Rule of Law is the antithesis of arbitrari- ness in all civilized societies. It has come to be re- garded as mark ofa free society. It seeks to main- tain the balance between the opposite notions of individual liberty and public order.” - This was opined by whom in famous ‘Habeas Corpus’ case? a) Justice HR Khanna b) Chief Justice Ray c) Justice Chandrachud d) Justice Bhagwati [AIBE-IV] TOPIC 2: CODE OF CIVIL PROCEDURE (10 questions are, generally, asked from this subject) Q1 Which of the following is material for decid- ing the jurisdiction of the Civil Court in the light of the Code of Civil Procedure, 1908? a) Averments made in the plaint b) Averments made in the written statement c) Both (A) & (B) d) Neither (A) nor (B) [AIBE- XVIII] Q.2 Which of the following cannot be considered as the suit of civil nature for Section 9 of the Code of Civil Procedure,1908? a) Suit for recovery of voluntary payments or offerings b) Suit for rights of franchise 1 min left in chapter 11%c) Suit for specific reliefs d) Suit relating to rights of wor- ship [AIBE-XVII]] Q3 Which of the following provisions of the Code of Civil Procedure, 1908 makes the doctrine of res judicata applicable in representative suit? a) Section 11, Explanation V b) Section 11, Explanation VI c) Section 11, Explanation VII d) Section 11, Explanation VIII [ATBE-XVIII] Q4 In which of the following situations, a court will not issue summons for personal appearance tothe defendant? a) Ifthe defendant resides within the local limit of the court’s jurisdiction b) If the defendant resides within 40 miles from the court c) If the defendant resides 250 miles away from the court in an area having public con- veyance available d) A woman to whom Section 132 of the Civil Procedure Code, 1908 does not apply [AIBE-XVIII] Q5 In which of the following situations, plain- tiff is precluded from bringing a fresh suit as per the Code of Civil Procedure, 1908? a) Dismissal of suit where summons not served in consequence of plaintiff's failure to pay cost b) Dismissal of suit because neither party ap- peared c) Dismissal of suit because plaintiff did not appear d) Dismissal of suit because plaintiff did not apply for fresh summons within a given time limit once it returned answered [AIBE- XVIII] 15 mins left in chapter 11%Q6 How many times at max may an adjourn- ment be granted to a party during hearing of the suit as per the Code of Civil Procedure, 1908? a) Two times b) Three times c) Fourtimes d) No limit prescribed [AIBE- XVIII] Q7 Which of the following Amendment Act made the provision in the Code of Civil Proce- dure, 1908 to produce a witness without a sum- mons? a) The Code of Civil Procedure (Amendment) Act, 1976 b) The Code of Civil Procedure (Amendment) Act, 1999 c) The Code of Civil Procedure (Amendment) Act, 2002 d) Such provision does not exist [AIBE-XVIII] Q.8 Which of the following is not included in the word ‘costs’ as provided under the Code of Civil Procedure, 1908? a) The expenses of the witnesses incurred. b) Legal fees and expenses incurred. c) Fooding and lodging expenses incurred. d) Any other expenses incurred in connection with the proceedings. [AIBE- XVIII] Q9 What period is prescribed under the Code of Civil Procedure, 1908 for a defendant to enter an appearance for filing address for service of no- tice on him in case of asuit where summary pro- cedure is to be applied? a) Seven days from the date of receiving sum- mons 14 mins left in chapter 11%b) Ten days from the date of receiving sum- mons c) Fifteen days from the date of receiving sum- mons d) Thirty days from the date of receiving sum- mons [AIBE-XVIII] Q.10 Under which of the following provisions of the Code of Civil Procedure, 1908 the appellate court may remit an issue for trial to lower court? a) Order XLI Rule 23 b) Order XLI Rule 23-A c) Order XLI Rule 24 d) Order XLI Rule 25 [AIBE-XVIII] Q.11 Which Order of Civil Procedure Code deals with Temporary Injunction and Interlocutory Injunction? a) Order 38 b) Order 39 c) Order 40 d) Order 41 [AIBE-XVII] Q.12 ‘A’ isa tradesman in Ahmedabad. ‘B’ carries on business in Delhi. ‘B’, by his agent in Anmed- abad, buys goods of ‘A’ and requests ‘A’ to de- liver them to the Western Roadways Transport Company. ‘A’ delivers the goods accordingly in Ahmedabad. ‘A’ may sue ‘B’ for the price of goods: a) In Ahmedabad only b) In Delhi only c) In either Ahmedabad or Delhi d) Anywhere in India [AIBE-XVII] Q13 Which of the following sections of Civil Procedure Code deals with the concept of Res Ju- dicata? a) Section 10 14 mins left in chapter 11%b) Section 11 c) Section 12 d) Section 13 [AIBE- Xvu] Q.14 Mr. X, Mr. Y and Mr. Z are jointly and sever- ally liable for rupees 10,000 Under a decree ob- tained by Mr. A. Mr. Y obtains a decree for rupees 10,000 against Mr. A singly and applies for exe- cution to the court in which the joint decree is being executed. Which of the following options is correct for Mr. A? a) Mr. A may treat his Joint Decree as Cross De- cree under Order 21 Rule 18. b) Mr. A cannot treat his Joint Decree as Cross De- cree under Order 21 Rule 18. c) Mr. A cannot treat his Joint Decree as Cross De- cree under Order 22 Rule 18. d) None of these [AIBE-XVII] Q.15 ‘A’ ‘B’ and ‘C’ are coparceners of a Joint Hindu family. They jointly execute a mortgage in favour of ‘Y’. ‘Y’ files suit against all of them. Summons are served to ‘C’, but not to ‘A’ and ‘B’ None of them appears and an ex parte decree is passed against all. ‘A’ and ‘B’ applied to set aside the ex parte decree. The decree will be set aside against: a) Only ‘C’ b) Only ‘A’ and ‘B’ c) ‘A’, ‘B’ and ‘C’ d) None of these [AIBE-XVII] Q16 Which of the following provisions of Civil Procedure Code, 1908 deals with the Institution of Suits? a) Section 22 b) Section 24 c) Section 26 d) Section 28 [AIBE- 13 mins left in chapter 12%XVII] QUil7 Defendant shall, within __ days from the date of service of summon on him, present a Written Statement of his defence (Order VIII). a)15 b) 30 c) 60 d)45 [AIBE-XVII] Q18 Which of the following statements is incor- rect? a) First appeal can be on a question of fact or law or both. b) Second appeal can be on substantial questions of law only. c) Second appeal can be on a question of fact or law or both. d) First appeal may or may not be in the High Court, second appeal has to be in the High Court. [AIBE-XVII] Q.19 As per Order VI, pleading shall mean: a) Plaint b) Written statement c) Both Plaint and Written statement d) None of these [AIBE-XVII] Q20 Which of the following order deals with “Death, Marriage and Insolvency of Parties”? a) Order 20 b) Order 21 c) Order 22 d) Order 23 [AIBE-XVII] Q.21 Which of the following sections of the Civil Procedure Code define the ‘mesne profit’: a) Section 2(4) b) Section 2(14) c) Section 2(6) d) Section 2(12) [AIBE-XV]] 13 mins left in chapter 12%QBB Under Civil Procedure Code 1908, “Foreign Court” means: a) Acourt situated outside India b) Acourt situated outside India and not estab- lished under the authority of Government of India c)Acourt situated in India applying foreign law d) All of the above [AIBE-XVI] Q.23 Under Civil Procedure Code, find the incor- rect match: a) Section 5 - Revenue Court b) Section 7 - Provincial Small Causes Court c) Section 9 - Pecuniary jurisdiction of Courts d) Section 8 - Presidency small cause Courts [AIBE-XVI] Q24 Recovery of Specific Immovable Property may be obtained by CPC within what period- a) 7 months b)6 months c)8 months d) 10 months [AIBE- Xv] Q.25 Provisions of Section 10 of CPC are: a) Directory b) Mandatory c) None-Mandatory d) Discretionary [AIBE-XVI] Q26 Constructive res-judicata is contained in which of the following: a) Explanation III to Section 11 b) Explanation IV to Section 11 c) Explanation VI to Section 11 d) Explanation ‘VIII. ~—s to._ Section 11 [AIBE-XVI] Q.27 If a party who obtained an order for leave to amend pleading does not amend the same, 13 mins left in chapter 12%within how many days, he shall not be permitted to do that without the leave of the court? a) Fifteen days b) Fourteen days c) Twenty days d) Thirty days [AIBE- XVI] Q.28 Provision for settlement of disputes out- side court has been provided under Section __ of Civil Procedure Code. a)91 b) 89 c)51 d) 151 [AIBE-XV]] Q.29 A plaint has to be presented to the Court under Order IV, Rule 1 in: a) Single copy b) Duplicate c) Triplicate d) No fixed rule [AIBE-XVI] Q30 Omission to give notice under Order XXI, Rule 22 will: a) Render the execution null and void b) Render the execution irregular c) Render the execution voidable d) Not affect the execu- tion [AIBE-XV]] Q31 Where a decree is passed against the Union of India or State for the Act done in the official capacity of the person concerned, under section 82 CPC, execution shall not be issued on any such decree unless the decree remains unsatis- fied for a period of: a) 3 months from the date of decree b) 6 months from the date of decree c) 1 year from the date of decree 12 mins left in chapter 13%d) 2 years from the date of de- cree [AIBE-XVI] Q.32 Which of the following statements hold true for de nova trials? a) Omission or illegality in the procedure, evenif does not affect the core of the case, can become a ground for calling de nova trials b) Ade nova trial should be the last resort c) The court originally trying the case can order de nova trial d) None of these [AIBE-XVI] Q33 Imposition of compensatory costs in re- spect of false or vexatious claims or defences is dealt under: a) Section 33 of CPC b) Section 35A of CPC c) Section 30 of CPC d) Section 35 of CPC [AIBE-XV] Q.34 Which provision under the Code of Civil Procedure deals with substituted service of sum- mons upon the defendant? a)O.5 R.19A b)O.5 R.19 c)0.5R.20 d)O.5R.21 [AIBE-XV] Q.35 ‘decree holder’ means: a) Any person in whose favour a decree has been passed or an order capable of execution has been made b) Any person in whose favour a decree has been passed or an order incapable of execution has been made c) Any citizen in whose favour a decree has been passed or an order capable of execution has been made 12 mins left in chapter 13%d) Any corporation in whose favour a decree has been passed or an order capable of execution has been made [AIBE-XV] Q.36 Suits by indigent persons is dealt under: a) Order 44 of CPC b) Order 33 of CPC c) Order 55 of CPC d) Order 22 of CPC [AIBE-XV] Q37 Provision regarding filing of suits by an alien under the Code of Civil Procedure is dealt under: a) Section 21A b) Section 15 c) Section 21B d) Section 83 [AIBE-XV] QB An order issued by court under Civil Pro- cedure Code, 1908 as per order XXI, rule 46 for recovery of amount due to judgement creditor is knownas: a) IT order b) Garnishee order c) Decree Holder order d) Bank order [AIBE- xv] Q39 Section 88 read with Order XXXV of the Code of Civil Procedure, 1908 deals with: a) Interpleader suit b) Interlocutory Order c) Restitution Order d) Attachment Order [AIBE-XV] Q.40 The principle of res judicata is dealt under Section ..... of CPC. a)9 b)10 11 mins left in chapter 13%e)11 d)12 [AIBE-XV] Q.41 Section 14 of the CPC deals with: a) Presumption as to decisions of tribunals b) Presumption as to foreign judgements c) Presumption as to judgements of the lower court d) Presumption as to judgements of High Court [AIBE-XV] Q.42 ‘A, residing in Delhi, publishes in Kolkata statements defamatory of ‘B’. ‘B’ may sue ‘A’: a) Only in Delhi b) Only in Kolkata c) In both the place of Delhi and Kolkata d) Either in Kolkata or in Delhi [AIBE-XV] Q.43 Which of the following is not a legal repre- sentative? a) Executor and administrators b) Hindu coparceners c) Creditor d) Intermeddler [AIBE-XIV] @ which of the following is not an essential element of a decree? a) Conclusive determination of the rights of the parties, b) Formal expression of adjudication. c) An adjudication from which an appeal lies as an appeal from an order. d) The adjudication must have been given in a suit before the court. [AIBE- XIV] Q.45 Which order has been specially enacted to protect the interest of Minors and Unsound Per- 11 mins left in chapter 14%sons? a) Order 31 b) Order 32 c) Order 33 d) Order 34 [AIBE-XIV] Q.46 Which order of the CPC lays down general rules governing pleadings in a court? a) Order 6 b) Order 7 c) Order 8 d) Order 9 [AIBE-XIV] Q.47 Second appeal under Section 100 is applica- ble: a) Substantial question of law as formulated by the High Court. ‘b) Substantial question of law as not formulated by the High Court c) An appellate decree passed ex parte. d) All of the above [AIBE-XIV] Q48 Which of the following is not a require- ment for a foreign judgement to be conclusive? a) It must be given on merits of the case b) It must be pronounced by a Court of compe- tent jurisdiction c) It was not obtained by fraud d) It is by a court in an enemy coun- try [AIBE-XIV] Q.49 A reference can be made during the pen- dency of the case: a) The Subordinate Court refers the case to the High Court for the latter’s opinion on a ques- tion of law. b) The Subordinate Court refers the case to the High Court for the latter’s opinion on a question of evidence. c) The Subordinate Court refers the case to the 10 mins left in chapter 14%High Court for the latter's opinion on a question of fact. d) The Subordinate Court refers the case to the High Court for the Latter’s opinion ona question of court procedure. [AIBE-XIV] Q.50 A person can apply for review of judgement when: a) He is aggrieved by a decree/order from which an appeal is allowed, but no appeal has been pre- ferred. b) He is aggrieved by a decree/order from which no appeal is allowed. c) He is aggrieved by a decision on a reference from a Court of small causes. d) All of the above [AIBE-XIV] Q.51 In which of the following cases, the remedy of revision is not available? a) Cases in which first appeal lies b) Cases in which second appeal lies c) Interlocutory orders d) All of the above [AIBE-XIV] Q.52 The term ‘Suit of a Civil Nature’ refers to: a) Private rights and obligations of a citizen b) Political, social and religious question c) A suit in which principal question relates to caste or religion d) All of the above [AIBE-XIII] Q.53 The rule of res sub-judice implies: a) Where the same subject matter is pending is a court of law for adjudication between the same parties, the other court is barred to enter- tain the case so long as the first suit goes on. b) Where the same subject matter is pendingina court of law for adjudication between the differ- 10 mins left in chapter 14%ent parties, the other court is barred to entertain the case so long as the first suit goes on. c) Where the different subject matter is pending in a court of law for adjudication between the same parties, the other court is barred to enter- tain the case so long as the first suit goes on. d) None of the above [AIBE-XIII] Q54 A suit was brought by a person to recover possession from a stranger of matth property claiming it as heir of the deceased Mahant. The suit was dismissed on his failure to produce the succession certificate. A second suit was filed by him as manager of the matth. a) The second suit will be barred by res judicata. b) The second suit will not be barred by res judicata. c) The second suit will be barred by res sub- judice. d) None of the above [AIBE-XIII] Q5B State of U. P. Vs. Nawab Hussain 1977 SCR (3) 428 relates to: a) Res sub-judice b) Res judicata c) Constructive res judicata d) Deemed res judicata [AIBE- XIII) Q56 ‘X’ is living in Pune and ‘Y’, his brother in Mumbai. ‘x’ wants to file a suit for partition of their joint property situated in Delhi and Banga- lore: a) The suit may be instituted in Delhi only b) The suit may be instituted in Bangalore only c) The suit maybe instituted either in Delhi or Bangalore d) None of the above 10 mins left in chapter 14%[AIBE-XIII] Q.57 An immovable property held by ‘Y’ is sit- uated at Bhopal and the wrongdoer personally works for gain at Indore. A Suit to obtain com- pensation for wrong to the property may be in- stituted: a) At Bhopal b) At Indore c) Either at Bhopal or at Indore d) None of these [AIBE-XIIT] Q.58 ‘A’ resides at Hyderabad, ‘B’ at Calcutta and ‘C’ at Delhi. ‘A’, ‘B’ and ‘C’ being together at Alla- habad, ‘B’ and ‘C’ make a joint promissory note payable on demand, and delivered to ‘A’. A may sue ‘B’ and ‘C’: a) At Allahabad where the cause of action arises b) At Calcutta, where B resides c) At Delhi, where C resides d) All of the above [AIBE-XIII] Q.59 Section 25 empowers the Supreme Court to transfer any suit, appeal or other proceeding: a) From one High Court to another High Court b) Form one Civil Court in one state to another Civil Court in any other state c) Both (a) and (b) d) Only (a) [AIBE-XIII] Q60 In which of the following cases, can ‘C’ set- off the claim? a) ‘A’ sues ‘C’ on a bill of exchange for Rs.500. ‘C’ alleges that A has wrongfully neglected to insure ‘C”s goods and heis liable to pay compensation. b) ‘A’ sues ‘C’ on a bill of exchange for Rs.500. ‘C’ holds a decree against ‘A’ for recovery of debt of Rs.1000. c)‘A’ sues ‘B’ and ‘C’ for Rs.1000; the debt is due to 9 mins left in chapter 15%‘C’ alone by ‘A’. d) ‘A’ and 'B’ sue ‘C’ for Rs.1000; the debt is due to ‘C’ by alone. [AIBE- XII] Q61 A suit may be dismissed under Order IX: i) Where the summons is not served upon the defendant in consequence of the plaintiff’s fail- ure to pay costs for service of summons (Rule 2) ii) Where neither the plaintiff nor the defendant appears (Rule 3) iii) Where plaintiff, after summons returned un- served, fails for 7 days to apply for fresh sum- mons (Rule 5) iv) Where, on the date fixed for hearing in a suit, only defendant appears and he does not admit the plaintiff's claim (Rule 8) Codes: a)i, ii and iii b)i,iiiandiv c)ii,iiiandiv d) All of the above [AIBE-XIII] Q.62 Who is garnishee? a) A third party who is instructed by way of legal notice to surrender money to settle a debt or claim b) A borrower arrested for defaulting c) A person who cannot repay a bank loan d) A person who mortgaged his farm land [AIBE-XII] Q.63 Section 10 of the CPC provides for: a) Stay of the suit b) Summoning of witness c) Examination of witness d) Sentencing the judgement [AIBE-XII] 9 mins left in chapter 15%Q.64 Clerical or arithmetical mistakes in judge- ments, decrees or orders etc. can be corrected: a) Under Section 151 of CPC b) Under Section 152 of CPC c) Under Section 153 of CPC d) Under Section 153A of CPC [AIBE-XII] Q65 Which of the following deals with plaint in interpleader suits in the Code of Civil Procedure? a) Order 12, Rule 1 b) Order 17, Rule 10 c) Order 33, Rule 18 d) Order 35, Rule 1 [AIBE-XII] Q.66 For a suit for compensation for false im- prisonment, the period of limitation is: a) 3 years from the date of sentencing the judge- ment b) 3 years from the date of release from impris- onment c) 3 years from the date of commencing the im- prisonment d) 1 year when the imprisonment ends [AIBE-XI]] Q67 Which of the following is true of rules framed by the Supreme Court with reference to appeals to it? a) They are a special law within Section 4 of the Code of Civil Procedure b) They must take precedence over Section 114 or Order 47 c) Both (a) and (b) d) None of these [AIBE-XII] Q68 Judgment should be delivered to the parties or totheir pleaders in the open court: a) By delivering the whole of the judgement 8 mins left in chapter 15%Q.73 Provision of Section 80 of CPC is binding on: a) The High Court b) The Court of Civil Judge c) The District Judge d) All of the above [AIBE-XI] Q.74 Temporary Injunction can be granted: a) Suo motu b) Ex parte c) Hearing both parties d) None of the above [AIBE-XI] Q.75 Right to Appeal is a: a) Natural right b) Inherent right c) Statutory right d) Delegated right [AIBE-X]] Q.76 A decree can be: a) Final b) Preliminary c) Only preliminary not final d) Either preliminary or final [AIBE-XI] Q.77 Foreign Judgement is defined in CPC: a) Under Section 2(6) b) Under Section 2(7) c) Under Section 2(8) d) None of the above [AIBE-XI] Q.78 Which of the following is not of civil na- ture? a) Right to take out procession b) Right to worship in a temple c) Right to caste andreligion d) All of the above 7 mins left in chapter 16%[AIBE-XI] Q.79 In a suit where the doctrine of res judicata applies: a) The suit is liable to be dismissed b) The suit is liable to be stayed c) Both (a) and (b) d) None of the above [AIBE-XI] Q80 Under Section 16 CPC a suit relating to im- movable property can be filed in a court: a) Where the property is situated b) Where the defendant voluntarily resides or carries on business c) Both (a) and (b) d) None of the above [AIBE-XI] Q.81 Pleading means: a) Plaint and written statement b) Plaint only c) Written statement d) Oral statement by the pleader [AIBE- XI] Q.82 On failure to file a written statement, under order VIII Rule 10 of CPC, the court may: a) Pass any other order b) Order for striking off the decree c) May pronounce the judgement at once d) Any of the above [AIBE-XI] Q.83 ‘A’ resides at Shimla, ‘B’ at Kolkata and ‘C’ at Delhi. ‘A’, ‘B’ & ‘C’ being together at Banaras, ‘B’ & ‘C’ make a joint promissory note payable on de- mand and delivered to ‘A’. ‘A’ may sue ‘B’ & ‘C’: a) At Banaras where the cause of action arose b) At Kolkata where ‘B’ resides 7 mins left in chapter 16%c) At Delhi where ‘C’ resides d) All of the above [AIBE-X] Q.84 In a written statement, the defendant can claim: a) Set-off b) Counter plaint c) Both (a) & (b) d) None of the above [AIBE-X] Q.85 In which of the following cases a set-off can be claimed? a) ‘A’ owes the partnership firm of ‘B’ & ‘C’ Rs.1000. ‘B’ dies leaving ‘C’ surviving. ‘A’ sues ‘C’ for a debt of Rs.1500 due in his sepa- rate character. ‘C’ wants to set-off the debt of Rs.1000. b) ‘A’ sues ‘B’ for Rs.20,000. ‘B’ wants to set-off the claim for damages for breach of contract for specific performance. c) Both ‘A’ & ‘B’ d) None of the above [AIBE-X] Q.86 Under 0.33, an indigent is allowed to pros- ecute any suit provided he satisfied certain con- ditions. Which of the following is not such a condition? a) He is not possessed of sufficient means to en- able him to pay the fees prescribed for the plaint in such suit b) He is not entitled to property worth Rs.1000 c) He has no sufficient means for his livelihood d) He may present the application for permission to sue as an indigent either himself or through an authorized agent [AIBE-X] Q87 A decree can be transferred for execution to 6 mins left in chapter 16%another court: a) If the judgement debtor actually and volun- tarily resides or carries on business or personally works for gain, within the local limits of jurisdic- tion of such court b) If the judgement debtor has property suffi- cient to satisfy the decree within the limits of that court c) If the decree directs the sale or delivery of immoveable property situated outside the local limits of jurisdiction of the court which passed it d) All of the above [AIBE-X] Q.88 In which of the following cases, it was said that “unless a right of appeal is clearly given by statue it does not exist”? a) Ramnarain Pvt. Ltd. Vs. Trading Corporation Ltd. AIR 1983 SC 786 b) Raja Himanshu Dhar Singh Vs. Addl. Registrar AIR 1982 ALL 439 ¢) Zair Hussain Khan Vs. Khurshed Jain (1906) ILR 28 ALL545 d) Ganga Bai Vs. Vijay Kumar AIR 1974 SC 1126 [AIBE-X] Q.89 A reference can be made during the pen- dency: a) The subordinate court refers the case to the High Court for the latter’s opinion on a ques- tion of law. b) The subordinate court refers the case to the High Court for the latter’s opinion on a question of evidence c) The subordinate court refers the case to the High Court for the latter’s opinion on a question of fact d) The subordinate court refers the case to the High Court for the latter’s opinion on a question 6 mins left in chapter 17%of court procedure. [AIBE-X] Q.90 Under Section 115, in the exercise of its re- visional jurisdiction, a High Court can do which of the following things? a) To call for the record of any case which has been decided by any court subordinate to the High Court b) To vary/reverse any decree or order against which an appeal lies to the High Court c) Both (a) & (b) d) None of the above [ATBE-X] Q.91 Under Section 114, a person can apply for review of judgement when: a) He is aggrieved by a decree/order from which an appeal is allowed, but no appeal is allowed b) He is aggrieved by a decree/order from which no appeal is allowed c) He is aggrieved by a decision on a reference from a court of small causes d) All of the above [AIBE-X] Q92 Under which section of CPC, option for settlement of disputes is provided outside the court? a) 80(1) b) 89(2) c) 89(1) d) 80(2) [AIBE-X] Q.93 Section 10 of CPC does not apply: a) When the previous suit is pending in the same court b) When the previous suit is pending in a for- eign court c) When the previous suit is pending in any other court of India 5 mins left in chapter 17%d) When the previous suit is pending in a court outside India established by the Central Govern- ment [AIBE- Ix] Q.84 Principle of res judicata is: a) Mandatory b) Directory c) Discretionary d) All of the above [AIBE-IX] Q§5 Time which has begun to run can be stopped in case of: a) Minority b) Insanity c) Idiocy d) None of the above [AIBE-IX] Q.96 Objection as to non-joinder or mis-joinder of parties under Order 1, Rule 13 of CPC: a) Can be taken at any stage of the proceedings b) Should be taken at the earliest possible op- portunity or shall be invalid c) Can be taken in appeal or revision for the first time d) Either (a) or (c) [AIBE-IX] Q.97 Objection as to the place of suing: a) Can only be taken before the court of first in- stance at the earliest possible opportunity b) Can also be taken before the Appellate Court for the first time c) Can also be taken before the Court of Revision for the first time d) All of the above [AIBE-1X] Q.98 On the retirement, removal or death or a next friend under Order XXXII Rule 10 of CPC, the suit is liable to be: a) Stayed 5 mins left in chapter 17%b) Dismissed c) Rejected d) Either (a) or (b) or (c) [AIBE- Ix] Q.99 Section 5 of the Limitation Act applies to: a) Suits b) Execution c) Election petitions d) None of the above [AIBE-IX] Q.100 ‘A’ is in possession of property claimed by ‘B’ and ‘C’ adversely. ‘A’ does not claim any inter- est in the property and is ready to deliver it to the rightful owner. A can institute ......... suit. a) Friendly suit b) Caveat c) Interpleader d) Restitution [AIBE- VIII) Q101 [WHAE is the period of limitation pre- scribed for the suit instituted by a mortgagor to recover possession of immoveable property mortgaged? a) 3 years b) 10 years c) 30 years d) 12 years [AIBE-VIII] Q.102 Sections 12-15 of the Limitation Act 1963 provide for exclusion of time in computing the period of limitation prescribed by law. Which of the following falls inside the ambit of exclusion? a) Day on which judgement/order /award is pro- nounced b) Time during which stay/injunction operated c) Time during which the defendant had been out of India 5 mins left in chapter 18%d) All of the above [AIBE-VIII] Q(903 Period of limitation for execution of the order of maintenance is .......... from the date on which it becomes due: a) 1 year b) 5 years c) 6 years d) 15 years [AIBE-VIII] Q.104 Where territorial jurisdiction of a Courtis after passing a decree, an execution application may be filed: a) In the Court which had passed the decree b) In the Court to which territorial jurisdiction was transferred only c) In either of the Court under (a) or (b) d) In any Court in India [AIBE-VIII] Q.105 When a decree is transferred for execution to another Court and if the decree holder has reasons to apprehend that the judgement debtor will dispose of the property before it is attached by the other Court, he may apply to the Court which passed the decree to issue a. to attach the property at once. a) Caveat b) Restitution order c) Attachment order d) Precept [AIBE-VII]] QiiG6 Where the right to the discovery or the inspection sought depends on the determina- tion of any issue in the suit, the court may try thatissueasa............. before deciding upon the right to discovery or inspection: a) Special issue b) Preliminary issue 4 mins left in chapter 18%c) Res judicata d) Res sub-judice [AIBE-VII]] Q.107 Identify a case where Set-Off can be pleaded: a) Claim for unliquidated damages b) Suit for recovery of ascertained sum of money c) Suit for a sum legally non recoverable d) None of the above [AIBE-VIII] Q.108 ‘A’, a railway company is in possession of goods as a consignee. It does not claim any in- terest in the goods except lien of wharfage, de- murrage and freight but rival claims have been made by ‘B’ and ‘C’ adversely to each other. ‘A’ can institute: a) An application to decide the same b) An interpleader suit c) Friendly suit d) None of the above [AIBE-VII] Q.109 Period of limitation for execution of the order of maintenance is from the date on whichit becomes due. a) 1 year b) 5 years c) 9 years d) 15 years [AIBE-VII] QGH6 What is the period of limitation to file a suit for compensation for false imprisonment? a) 2 years b) 3 years c) 12 years d) 1 year [AIBE-VII] QUERIES per S.19 of the Limitation Act 1963, if any payment is made on account of a debt before 4 mins left in chapter 18%the expiration of the prescribed period by the person liable to pay the debt or by his agent duly authorized in that behalf, a fresh period of limi- tation starts running from the: a) Time when suit was filed b) When the payment was made c) When the creditor demands d) None of the above [AIBE-VII] QQHH In the judgement of the Supreme Court in Salem Bar Association Vs. Union of India, the Supreme Court had requested this committee headed by ................. to prepare a case manage- ment formula. a) Justice Bhagwati b) Justice Muralidhar c) Justice Raveendran d) Justice Jagannadha Rao [AIBE-VII] Q.113 ‘A’ resides at Delhi, and ‘B’ at Agra. ‘B’ bor- rows Rs.20,000 from ‘A’ at Benares and passes a promissory note to ‘A’ payable at Benares. ‘B’ fails to repay the loan. ‘A’ may sue ‘B’ at: a) Benares or Agra b) Benares only c) Agra only d) Benares, Agra and Delhi [AIBE-VII] Q.114 The general principle of waiver that pro- vides that failure to raise objection in the court of the first instance and at the earliest oppor- tunity shall prevent the defendant from raising such objection at a subsequent stage and the judgement would not be vitiated on the ground of absence of territorial or pecuniary jurisdiction is reflected in which provision of Civil Procedure Code: 3 mins left in chapter 18%a)S.15 b)S.16 )S.51 d)S.21 [AIBE-VII] Q.115 Claim made by the defendant in a suit against the plaintiff: a) Cross claim b) Cross suit c) Counter claim d) Cross decree [AIBE-V1] Q.116 Interpleader suit is dealt with in which of the following sections of CPC? a) Section 87 b) Section 88 c) Section 89 d) Section 90 [AIBE- VI] QUERY As required by S.80 CPC, the suit can be in- stituted after the expiry of .. of notice. a)1 month b) 2months c) 60 days d) 30 days [AIBE-VI] Q.118 Under S.2(2) of CPC, rejection of a plaint is: a) Decree b) Deemed decree c) Cross decree d) Cross appeal [AIBE-VI] Q119 Ratilal Vs. State of Bombay is a popular case on the point of: a) Res judicata b) Res sub-judice c) Restitution d) Doctrine of Cy-pres [AIBE- VI] 3 mins left in chapter 19%Q120 Pick out the case u/s. 58(1)(a), in which arrest or detention in civil prison is not main- tainable. a) A judgement debtor, where decretal amount does not exceed Rs.5,000 b) A judgement debtor where decretal amount does not exceed Rs.2,500 c) Ajudgement debtor where decretal amount does not exceed Rs.2,000 d) A judgement debtor where decretal amount does not exceed Rs. 1,000 [AIBE- vil Q (984 A precept seeks to .... of the judge- ment debtor. a) Attach the property b) Prevent alienation of property c) Prevent attachment and alienation d) None of the above [ATBE-VI] Q.122 R.90 of Order 21 deals with: a) Pre-sale illegalities committed in the execu- tion b) Post-sale irregularities causing substantial injury to judgement debtor c) Both (a) and (b) d) None of the above [AIBE-VI] Q.123 The place of suing in a suit for partition will be: a) Court within whose jurisdiction the person is residing b) Court within whose jurisdiction the elder per- son of the family resides c) Court within whose jurisdiction the entire property of the family is situated. 2 mins left in chapter 19%