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HP Higher Judicial Service (District Judge) study materials
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HP Higher Judicial Service (District Judge) practice questions

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Question 1Civil Law and Procedure (including the Code of Civil Procedure, 1908 and allied statutes)

Under the Code of Civil Procedure, 1908, a plaint may be rejected under Order VII Rule 11 on which of the following grounds?

  1. Where the suit appears from the statement in the plaint to be barred by any law Correct answer.
  2. Where the defendant has already filed a written statement denying the claim
  3. Where the court considers that the suit would take long to decide
  4. Where the plaintiff has failed to appear on the date fixed for framing issues

Explanation

Order VII Rule 11 CPC lists specific grounds for rejection of a plaint, including that the suit appears from the statement in the plaint to be barred by any law. Rejection is a drastic power exercised on the plaint's own averments, without examining defence or evidence.

Question 2Civil Law and Procedure (including the Code of Civil Procedure, 1908 and allied statutes)

A suit is instituted against a minor who is not represented by a guardian ad litem. What is the consequence under the Code of Civil Procedure, 1908?

  1. The suit is a nullity and the defect cannot be cured
  2. The suit is voidable at the minor's instance Correct answer.
  3. The suit is valid but the decree binds only the minor's property
  4. The suit is treated as properly instituted if the minor attains majority during its pendency

Explanation

Order XXXII requires a minor defendant to be represented by a guardian ad litem, and a decree against an unrepresented minor is not a nullity but is voidable at the instance of the minor. The minor may challenge it, and the court may cure the defect in appropriate cases.

Question 3Civil Law and Procedure (including the Code of Civil Procedure, 1908 and allied statutes)

Which court may execute a decree passed by a court in a different district, where the decree-holder has not applied for transfer of the decree?

  1. The court which passed the decree, by issuing process to the other district
  2. The court of the District Judge of the district where the decree is to be executed, on an application for execution Correct answer.
  3. The court of the Munsif having territorial jurisdiction over the judgment-debtor's residence
  4. The High Court in its ordinary original civil jurisdiction

Explanation

Under section 39 and Order XXI, a decree may be executed either by the court that passed it or by the court to which it is sent for execution. Where the decree-holder seeks execution in another district without transfer, the application is made to the District Judge, who may transfer it to a competent subordinate court.

Question 4Civil Law and Procedure (including the Code of Civil Procedure, 1908 and allied statutes)

Under the Code of Civil Procedure, 1908, what is the maximum period of detention in civil prison of a judgment-debtor committed for failure to pay a decree amount?

  1. Six months
  2. Two years
  3. Three months Correct answer.
  4. One year

Explanation

Section 58 CPC provides that a judgment-debtor shall not be detained in civil prison for more than three months, subject to the statutory exceptions and the proviso concerning payment of subsistence allowance. The period is computed under the section and cannot exceed the ceiling.

Question 5Civil Law and Procedure (including the Code of Civil Procedure, 1908 and allied statutes)

A plaint is returned under Order VII Rule 10 for presentation to the proper court. What is the effect on the period of limitation?

  1. The limitation period is extended by one year from the date of return
  2. The suit is deemed to have been instituted afresh on the date of re-presentation
  3. The time taken in the first court is excluded under section 14 of the Limitation Act Correct answer.
  4. Limitation continues to run and the plaintiff must file within the original period

Explanation

When a plaint is returned for presentation to the proper court, the plaintiff may claim exclusion of the time spent in the first court under section 14 of the Limitation Act, provided the proceedings were prosecuted in good faith. The suit is then treated as instituted on the original date if re-presented within time.

Question 6Civil Law and Procedure (including the Code of Civil Procedure, 1908 and allied statutes)

Which of the following is a condition precedent for the court to grant a temporary injunction under Order XXXIX Rule 1 CPC?

  1. The plaintiff has deposited the decretal amount in court
  2. The defendant has already alienated the suit property
  3. The suit has been pending for more than one year
  4. The plaintiff establishes a prima facie case and irreparable injury Correct answer.

Explanation

The settled tests for a temporary injunction are a prima facie case, irreparable injury that cannot be compensated in money, and the balance of convenience. These are applied at the interlocutory stage without a final determination of the merits.

Question 7Civil Law and Procedure (including the Code of Civil Procedure, 1908 and allied statutes)

Under section 100A CPC, an appeal from an appellate decree passed by a single Judge of the High Court lies to which forum?

  1. The District Court
  2. No appeal lies, as the decree is final
  3. A Division Bench of the same High Court Correct answer.
  4. The Supreme Court of India

Explanation

Section 100A provides that an appeal from an appellate decree passed by a single Judge of the High Court lies to a Division Bench of the same High Court. The appeal is heard by a Bench of two or more Judges.

Question 8Civil Law and Procedure (including the Code of Civil Procedure, 1908 and allied statutes)

A defendant fails to file a written statement within the time allowed. What is the correct position under Order VIII Rule 1 CPC?

  1. The court must pronounce judgment against the defendant forthwith
  2. The suit is automatically decreed ex parte
  3. The plaint is returned to the plaintiff
  4. The court may allow the defendant to file the written statement on such terms as it deems fit Correct answer.

Explanation

Order VIII Rule 1 permits the court to extend time for filing a written statement on payment of costs or on such terms as it thinks fit. Failure to file does not automatically lead to a decree, and the court retains discretion over the conduct of the suit.

Question 9Civil Law and Procedure (including the Code of Civil Procedure, 1908 and allied statutes)

Under the Code of Civil Procedure, 1908, a suit for which no period of limitation is provided elsewhere and which is not governed by the Limitation Act's specific articles is governed by which article?

  1. Article 62, twelve years from the date of the mortgage
  2. Article 65, twelve years from the date of dispossession
  3. Article 58, three years from the date of knowledge
  4. Article 113, three years from the date the right to sue accrues Correct answer.

Explanation

Article 113 of the Limitation Act, 1963 is the residuary article for suits for which no period is otherwise provided, fixing three years from the date the right to sue accrues. It applies only when no other article covers the suit.

Question 10Civil Law and Procedure (including the Code of Civil Procedure, 1908 and allied statutes)

Which of the following is true of the doctrine of res judicata under section 11 CPC?

  1. It applies only to decisions of the Supreme Court
  2. It bars appeals from the earlier decree
  3. It bars a subsequent suit between the same parties on the same matter directly and substantially in issue Correct answer.
  4. It applies only where the earlier suit was decided ex parte

Explanation

Section 11 CPC bars a subsequent suit where the matter directly and substantially in issue was adjudicated between the same parties or their representatives by a competent court. The rule rests on public policy against multiplicity of litigation.

Question 11Civil Law and Procedure (including the Code of Civil Procedure, 1908 and allied statutes)

A party seeks to summon a witness who resides outside the local limits of the court's jurisdiction. Under Order XVI CPC, what is the proper course?

  1. The witness must be examined on commission only
  2. The party must file a fresh suit in the witness's district
  3. The court issues summons to the witness and may require the party to deposit expenses Correct answer.
  4. The court cannot summon a witness residing outside its jurisdiction

Explanation

Order XVI empowers the court to summon any person whose attendance is required, and where the witness resides beyond the local limits, the court may require the applicant to deposit a reasonable sum for the witness's expenses. Summons may be served outside jurisdiction subject to the rules.

Question 12Civil Law and Procedure (including the Code of Civil Procedure, 1908 and allied statutes)

Under the CPC, which of the following is an essential ingredient for a valid reference to arbitration without the intervention of the court?

  1. The parties must have an agreement in writing to refer the dispute Correct answer.
  2. The parties must be related by blood
  3. The court must have already passed a preliminary decree
  4. The dispute must exceed the pecuniary jurisdiction of the court

Explanation

Section 89 and the Arbitration and Conciliation Act require an arbitration agreement in writing between the parties for a reference to arbitration. The court may refer the parties to arbitration where such an agreement exists and the dispute is arbitrable.

Question 13Civil Law and Procedure (including the Code of Civil Procedure, 1908 and allied statutes)

A judgment-debtor objects under section 47 CPC to the execution of a decree on the ground that the decree is a nullity. What is the correct approach?

  1. The objection can be raised only in appeal
  2. The executing court may examine whether the decree is a nullity and refuse execution if so Correct answer.
  3. The executing court is bound to execute the decree without any inquiry
  4. The objection must be raised by a separate suit

Explanation

Section 47 empowers the executing court to decide all questions relating to the execution, discharge, or satisfaction of the decree. Where the decree is a nullity, the executing court may refuse to execute it, though it cannot go behind the decree on ordinary merits.

Question 14Civil Law and Procedure (including the Code of Civil Procedure, 1908 and allied statutes)

Under the Code of Civil Procedure, 1908, what is the effect of a compromise decree recorded under Order XXIII Rule 3?

  1. It has the force of a decree and is executable Correct answer.
  2. It operates only against the plaintiff
  3. It is merely a contract enforceable by a fresh suit
  4. It requires the sanction of the High Court to be enforceable

Explanation

A compromise recorded by the court under Order XXIII Rule 3 is incorporated into the decree and has the same force and effect as any other decree. It is executable, and the parties are bound by its terms.

Question 15Civil Law and Procedure (including the Code of Civil Procedure, 1908 and allied statutes)

Which of the following best describes the power of the court to amend pleadings under Order VI Rule 17 CPC?

  1. The court may allow amendment only before the first hearing
  2. The court may allow amendment at any stage if it is necessary for determining the real question in controversy and does not cause prejudice Correct answer.
  3. The court may allow amendment only with the consent of the opposite party
  4. The court has no power to allow amendment after issues are framed

Explanation

Order VI Rule 17 permits amendment at any stage where it is necessary to determine the real question in controversy, subject to the proviso that no application is allowed after the trial has commenced unless the court concludes it could not have been raised earlier despite due diligence. Prejudice to the other side is a relevant consideration.

Question 16Civil Law and Procedure (including the Code of Civil Procedure, 1908 and allied statutes)

Under section 151 CPC, the court may exercise its inherent powers for which purpose?

  1. To make orders necessary for the ends of justice or to prevent abuse of process Correct answer.
  2. To create a new remedy not provided by law
  3. To review its own decree on the merits without any application
  4. To enhance the pecuniary jurisdiction of a subordinate court

Explanation

Section 151 preserves the inherent power of the court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the court. It supplements, but does not override, the express provisions of the Code.

Question 17Civil Law and Procedure (including the Code of Civil Procedure, 1908 and allied statutes)

A plaintiff seeks to sue as an indigent person. Under Order XXXIII CPC, which requirement must be satisfied?

  1. The plaintiff must have no sufficient means to pay the court fee Correct answer.
  2. The plaintiff must be represented by a government pleader
  3. The plaintiff must be a permanent resident of the district
  4. The plaintiff must have filed a prior suit on the same cause of action

Explanation

Order XXXIII permits a person who is not possessed of sufficient means to pay the prescribed court fee to institute a suit as an indigent person. The court examines means and the merits of the claim before granting permission.

Question 18Civil Law and Procedure (including the Code of Civil Procedure, 1908 and allied statutes)

Under the CPC, what is the consequence where a summons is served on a defendant but the defendant fails to appear on the date fixed?

  1. The plaint is rejected under Order VII Rule 11
  2. The court may proceed ex parte against the defendant Correct answer.
  3. The suit is dismissed for want of prosecution
  4. The court must adjourn indefinitely

Explanation

Order IX Rule 6 provides that where the defendant does not appear despite due service, the court may proceed ex parte. The court may also adjourn if it thinks fit, but the ordinary consequence is ex parte hearing.

Question 19Civil Law and Procedure (including the Code of Civil Procedure, 1908 and allied statutes)

Which of the following is true regarding the power of the appellate court under Order XLI Rule 33 CPC?

  1. It may pass any decree or order which ought to have been passed, even in favour of a non-appealing party Correct answer.
  2. It may only confirm the decree appealed against
  3. It may enhance the decree only with the consent of the appellant
  4. It may remand every case to the trial court

Explanation

Order XLI Rule 33 confers wide powers on the appellate court to pass any decree or make any order that ought to have been made, and to grant relief to parties who have not appealed, provided the relief is justified on the findings. The power is exercised to do complete justice.

Question 20Civil Law and Procedure (including the Code of Civil Procedure, 1908 and allied statutes)

Under the Code of Civil Procedure, 1908, a caveat is filed under which provision?

  1. Section 151
  2. Section 96
  3. Section 148A Correct answer.
  4. Order XXXIX Rule 2

Explanation

Section 148A CPC provides for the filing of a caveat by a person claiming a right to appear before the court on the hearing of an application, so that no ex parte order is made without notice to the caveator.

Question 21Civil Law and Procedure (including the Code of Civil Procedure, 1908 and allied statutes)

A decree is passed against a firm in the firm's name. Under Order XXX CPC, against whom may the decree be executed?

  1. Against any person who was a partner at the time the cause of action accrued, subject to the procedure in the Order Correct answer.
  2. Only against the partners expressly named in the plaint
  3. Against the firm's employees
  4. Only against the managing partner

Explanation

Order XXX allows a suit to be instituted in the name of a firm, and the decree may be executed against the partners who were such at the time the cause of action accrued, provided the procedural safeguards in the Order are observed.

Question 22Civil Law and Procedure (including the Code of Civil Procedure, 1908 and allied statutes)

Under section 24 CPC, which court may transfer a suit pending before a subordinate court?

  1. Only the Supreme Court
  2. The court of the Munsif having jurisdiction over the defendant
  3. The High Court or the District Court, on the application of a party or on its own motion Correct answer.
  4. Only the court which passed the decree

Explanation

Section 24 empowers the High Court and the District Court to transfer any suit, appeal, or proceeding pending before a subordinate court to another competent court, either on application or of its own motion. The power is exercised in the interests of justice.

Question 23Civil Law and Procedure (including the Code of Civil Procedure, 1908 and allied statutes)

Which of the following is a recognised ground for review under Order XLVII CPC?

  1. The applicant's wish to prolong the proceedings
  2. The applicant's subsequent change of counsel
  3. The applicant's dissatisfaction with the decree
  4. The discovery of new and important matter or evidence which was not within the applicant's knowledge despite due diligence Correct answer.

Explanation

Order XLVII Rule 1 permits review where new and important matter or evidence is discovered which, after the exercise of due diligence, was not within the applicant's knowledge, or where there is a mistake or error apparent on the face of the record, or for any other sufficient reason.

Question 24Civil Law and Procedure (including the Code of Civil Procedure, 1908 and allied statutes)

A court passes an order granting an ex parte ad interim injunction without recording reasons. What is the correct position under the CPC?

  1. The order can be sustained only if the defendant consents
  2. The order is automatically void and cannot be challenged
  3. The order is vulnerable because Order XXXIX Rule 3 requires reasons to be recorded Correct answer.
  4. The order is valid because reasons are not required for interlocutory orders

Explanation

Order XXXIX Rule 3 requires the court, while granting an ex parte injunction, to record the reasons for doing so and to direct the applicant to serve notice or otherwise explain why notice should not be served. Non-compliance renders the order vulnerable to challenge.

Question 25Civil Law and Procedure (including the Code of Civil Procedure, 1908 and allied statutes)

Under the CPC, what is the effect of the death of a plaintiff where the right to sue survives?

  1. The suit is dismissed as withdrawn
  2. The court may permit the legal representatives to be brought on record Correct answer.
  3. The decree already passed becomes void
  4. The suit abates automatically

Explanation

Order XXII provides that where the right to sue survives, the court may cause the legal representatives of the deceased party to be made parties and proceed with the suit. Abatement occurs only where no application is made within the prescribed time.

Question 26Civil Law and Procedure (including the Code of Civil Procedure, 1908 and allied statutes)

A plaint is returned to the plaintiff under Order VII Rule 10 CPC for presentation to the proper court. Within what period must the plaintiff present it in the court that has jurisdiction, and what is the consequence of delay under section 14 of the Limitation Act, 1963?

  1. It must be represented within ninety days of the return, and delay beyond that is condonable only on payment of costs
  2. It must be represented within thirty days of the return, failing which the suit abates automatically
  3. It must be represented on the same day, and any later presentation is treated as a fresh suit barred by res judicata
  4. It must be represented within the period of limitation fixed for the suit, and if represented within that period the suit is deemed to have been instituted on the date of the original presentation Correct answer.

Explanation

When a plaint is returned under Order VII Rule 10, the plaintiff may present it in the proper court. Section 14 of the Limitation Act excludes the time during which the suit was prosecuted in the court lacking jurisdiction, provided the plaintiff prosecuted it in good faith, so a representation within limitation preserves the original institution date.

Question 27Civil Law and Procedure (including the Code of Civil Procedure, 1908 and allied statutes)

A plaint does not disclose a cause of action. Under Order VII Rule 11 CPC, at what stage may the court reject the plaint on this ground, and what is the settled position on the stage of rejection?

  1. Only in appeal, because rejection of a plaint is not an interlocutory remedy
  2. At any stage of the suit, since the ground of no cause of action goes to the root of the matter Correct answer.
  3. Only before the first hearing, after which the objection is waived forever
  4. Only after the defendant files a written statement and issues are framed

Explanation

Order VII Rule 11 permits rejection of a plaint on the enumerated grounds, and the Supreme Court has held that the plea of absence of a cause of action can be examined at any stage of the suit, since the court cannot proceed on a plaint that discloses no cause of action. The averments in the plaint alone are considered for this purpose.

Question 28Civil Law and Procedure (including the Code of Civil Procedure, 1908 and allied statutes)

A written statement is filed and the defendant raises a plea of limitation. Under Order VIII Rule 6 CPC, what is the procedural course open to the defendant who claims a set-off against the plaintiff's demand?

  1. The defendant may set up the set-off in the written statement itself, provided it is a legal set-off and is pleaded with particulars Correct answer.
  2. The defendant must apply under section 151 CPC for leave to plead set-off after the issues are framed
  3. The defendant may raise set-off only if the plaintiff consents in writing
  4. The defendant may raise the set-off only in a separate suit after the present suit is decreed

Explanation

Order VIII Rule 6 allows a defendant to plead a set-off in the written statement where the claim is for an ascertained sum legally recoverable and does not exceed the pecuniary limits of the court's jurisdiction. The set-off must be pleaded with particulars so that the plaintiff may respond to it.

Question 29Civil Law and Procedure (including the Code of Civil Procedure, 1908 and allied statutes)

During the pendency of a suit, the plaintiff transfers the suit property to a third party. Under section 52 of the Transfer of Property Act, 1882 read with the CPC, what is the effect of the doctrine of lis pendens on the transferee?

  1. The transfer is valid and the decree cannot affect the transferee unless the transferee was a party to the suit
  2. The transfer is void ab initio and conveys no title whatsoever
  3. The transfer is valid only if made with the leave of the court, failing which it is voidable at the plaintiff's option
  4. The transferee is bound by the decree passed in the suit, though the transfer is not void and the transferee may be impleaded Correct answer.

Explanation

Section 52 makes a transfer of the suit property during pendency subservient to the rights declared by the final decree; the transfer is neither void nor voidable, but the transferee takes subject to the litigation. The transferee may be brought on record as a party so that the decree binds him.

Question 30Civil Law and Procedure (including the Code of Civil Procedure, 1908 and allied statutes)

A plaint is admitted and the defendant is served. Under Order XXXII CPC, where the defendant is a minor, who must be appointed to represent the minor, and what is the requirement about the proposed guardian's consent?

  1. The court may dispense with a guardian if the minor is above fifteen years of age
  2. Any next friend of the plaintiff may represent the minor without consent
  3. The court must appoint a guardian ad litem, and the proposed guardian's consent in writing must be filed Correct answer.
  4. The minor's natural guardian is automatically the guardian ad litem without any order of court

Explanation

Order XXXII requires that a minor defendant be represented by a guardian ad litem appointed by the court, and the person proposed must consent in writing to act as such guardian. The court satisfies itself that the proposed guardian has no interest adverse to the minor.

Question 31Civil Law and Procedure (including the Code of Civil Procedure, 1908 and allied statutes)

A plaint is filed against a defendant who resides in another district. Under section 20 CPC, which court has jurisdiction to try the suit where the cause of action arises wholly in the district where the suit is filed?

  1. Only the High Court, because the defendant resides outside the district
  2. The court within whose local limits the cause of action has arisen, or where the defendant resides Correct answer.
  3. Only the district court, since the pecuniary jurisdiction of subordinate courts is excluded
  4. Only the court where the defendant resides or carries on business

Explanation

Section 20 permits a suit to be instituted where the defendant resides or carries on business, or where the cause of action arises wholly or in part. Where the cause of action arises wholly within the district of filing, that court has territorial jurisdiction regardless of the defendant's residence.

Question 32Civil Law and Procedure (including the Code of Civil Procedure, 1908 and allied statutes)

An ex parte decree is passed against a defendant. Under Order IX Rule 13 CPC, which condition must the defendant satisfy to have the decree set aside?

  1. The defendant must deposit the entire decretal amount as a precondition
  2. The defendant must show that the decree is contrary to law on its face
  3. The defendant must prove that the plaintiff's claim was false
  4. The defendant must show sufficient cause for non-appearance when the suit was called for hearing Correct answer.

Explanation

Order IX Rule 13 permits setting aside an ex parte decree where the defendant satisfies the court that he was prevented by sufficient cause from appearing when the suit was called for hearing. The court may impose terms as to costs or payment, but proof of sufficient cause is the essential condition.

Question 33Civil Law and Procedure (including the Code of Civil Procedure, 1908 and allied statutes)

A plaintiff dies during the pendency of a suit and the right to sue survives. Under Order XXII CPC, what is the consequence if the legal representatives are not brought on record within the time allowed by law?

  1. The court may substitute the heirs suo motu without any limitation period
  2. The suit abates as against the deceased plaintiff, and the abatement may be set aside under Order XXII Rule 9 on sufficient cause Correct answer.
  3. The suit is dismissed on merits, barring a fresh suit
  4. The suit continues automatically against the heirs without any application

Explanation

Where the right to sue survives and the legal representatives are not brought on record within the period of limitation, the suit abates under Order XXII Rule 9. An application to set aside abatement lies if the plaintiff shows sufficient cause for the delay, and the court may condone delay under section 5 of the Limitation Act.

Question 34Civil Law and Procedure (including the Code of Civil Procedure, 1908 and allied statutes)

A decree-holder seeks execution of a money decree. Under section 60 CPC, which of the following properties is exempt from attachment and sale in execution?

  1. A residential house belonging to the judgment-debtor where he resides
  2. A house belonging to an agriculturist and occupied by him, subject to the statutory conditions Correct answer.
  3. A motor vehicle used by the judgment-debtor for business
  4. The judgment-debtor's salary to the extent permitted by the proviso to section 60

Explanation

Section 60 exempts, among other things, a house belonging to an agriculturist and occupied by him, subject to the conditions and value limits in the section. The exemption protects the dwelling house of an agriculturist from being sold in execution.

Question 35Civil Law and Procedure (including the Code of Civil Procedure, 1908 and allied statutes)

A plaintiff seeks to amend the plaint after the trial has commenced. Under the proviso to Order VI Rule 17 CPC, when may the court allow the amendment?

  1. Only if the court concludes that the amendment could not have been sought before the commencement of trial despite due diligence Correct answer.
  2. Whenever the amendment is necessary for determining the real question in controversy, regardless of delay
  3. Only if the defendant consents to the amendment in writing
  4. Only if the amendment does not add any new fact to the plaint

Explanation

The proviso to Order VI Rule 17 bars amendment after trial has commenced unless the court concludes that the party could not have raised the matter before the commencement of trial despite due diligence. The power is discretionary and aimed at determining the real question in controversy.

Question 36Civil Law and Procedure (including the Code of Civil Procedure, 1908 and allied statutes)

A party is aggrieved by an order of a subordinate court refusing to grant an interim injunction. Under section 104 read with Order XLIII Rule 1 CPC, what is the remedy?

  1. A revision under section 115 CPC only
  2. A review under Order XLVII CPC only
  3. An appeal to the court to which appeals from the decrees of the subordinate court ordinarily lie Correct answer.
  4. A writ petition directly before the Supreme Court

Explanation

Order XLIII Rule 1 makes orders refusing or granting injunctions appealable, and section 104 provides that such appeals lie to the court to which appeals from the decrees of the court passing the order ordinarily lie. The remedy is a statutory appeal, not merely revision or review.

Question 37Civil Law and Procedure (including the Code of Civil Procedure, 1908 and allied statutes)

A suit is instituted on a plaint that undervalues the relief for the purpose of court fee. Under section 149 CPC, what course may the court adopt?

  1. The court must reject the plaint immediately without any opportunity
  2. The court must refer the matter to the taxing officer for a fresh valuation
  3. The court may, in its discretion, allow the plaintiff time to pay the deficient court fee, and the suit is then treated as instituted on the date of presentation Correct answer.
  4. The court must stay the suit indefinitely until the fee is paid

Explanation

Section 149 empowers the court, in its discretion, to permit a party to pay the deficient court fee within a time fixed, and upon such payment the document is treated as valid from the date of its presentation. The provision avoids dismissal for a curable defect.

Question 38Civil Law and Procedure (including the Code of Civil Procedure, 1908 and allied statutes)

A defendant against whom a decree is passed seeks to appeal after the expiry of the limitation period. Under section 5 of the Limitation Act, 1963 read with Order XLI CPC, what must the appellate court consider?

  1. Whether the appeal is likely to succeed on merits, as a precondition to condonation
  2. Whether the delay exceeds thirty days, beyond which condonation is barred
  3. Whether the decree-holder has consented to the delay being condoned
  4. Whether the appellant has shown sufficient cause for the delay, the discretion being exercised judicially Correct answer.

Explanation

Section 5 permits the appellate court to admit an appeal after limitation if the appellant satisfies it that there was sufficient cause for the delay. The discretion is judicial, and the length of delay is a relevant but not decisive factor; there is no outer limit fixed by the section.

Question 39Civil Law and Procedure (including the Code of Civil Procedure, 1908 and allied statutes)

A decree is passed by a court which had no territorial jurisdiction over the subject matter. The defendant did not object at the earliest opportunity. Under section 21 CPC, what is the consequence in appeal?

  1. The objection may be taken for the first time in the appellate court if the decree is otherwise erroneous
  2. The objection as to territorial jurisdiction cannot be allowed unless it was taken in the court of first instance at the earliest possible opportunity and there has been a consequent failure of justice Correct answer.
  3. The decree is void and the appellate court has no discretion in the matter
  4. The appellate court must set aside the decree for want of jurisdiction in every case

Explanation

Section 21 bars an appellate or revisional court from allowing an objection to territorial jurisdiction unless it was taken in the court of first instance at the earliest possible opportunity and there has been a consequent failure of justice. Both conditions must be satisfied; want of territorial jurisdiction does not by itself render the decree a nullity.

Question 40Civil Law and Procedure (including the Code of Civil Procedure, 1908 and allied statutes)

A person who is not a party to a suit is affected by an order passed in that suit and seeks to be heard. Under what provision may the court add him as a party, and what is the settled test?

  1. Order I Rule 10 CPC, where the court is satisfied that the person ought to have been joined or that his presence is necessary to enable the court effectually and completely to adjudicate upon the questions involved Correct answer.
  2. Section 47 CPC, which permits any person affected by execution to be impleaded
  3. Order XXII Rule 10 CPC, which applies only on assignment of interest during pendency
  4. Section 151 CPC alone, since a stranger has no statutory right to be impleaded

Explanation

Order I Rule 10 empowers the court to add or strike out parties where the person ought to have been joined or whose presence is necessary for a complete and effectual adjudication. The court may act at any stage, and the test is the necessity of the party's presence for a proper decision.

Question 41Criminal Law and Procedure (including the Indian Penal Code, 1860, Bharatiya Nyaya Sanhita, 2023, Code of Criminal Procedure, 1973 / Bharatiya Nagarik Suraksha Sanhita, 2023 and the Indian Evidence Act, 1872 / Bharatiya Sakshya Adhiniyam, 2023)

Under the Bharatiya Nyaya Sanhita, 2023, which provision corresponds to the offence of murder, and what is the minimum punishment prescribed for it?

  1. Section 103; punishment shall be death or imprisonment for life, and fine Correct answer.
  2. Section 101; punishment shall be death or imprisonment for life, and fine
  3. Section 105; punishment shall be death or imprisonment for life, and fine
  4. Section 302; punishment shall be death or imprisonment for life, and fine

Explanation

The Bharatiya Nyaya Sanhita, 2023 renumbers the murder provision; culpable homicide amounting to murder is punishable under Section 103, which retains the death penalty or imprisonment for life as alternatives, plus fine. Section 101 defines culpable homicide and its exceptions, while the punishment for murder is separately provided.

Question 42Criminal Law and Procedure (including the Indian Penal Code, 1860, Bharatiya Nyaya Sanhita, 2023, Code of Criminal Procedure, 1973 / Bharatiya Nagarik Suraksha Sanhita, 2023 and the Indian Evidence Act, 1872 / Bharatiya Sakshya Adhiniyam, 2023)

Under the Bharatiya Nagarik Suraksha Sanhita, 2023, within what period must a police officer forward a report of cognizable offence information to the Magistrate, and what is the maximum period for completing investigation in offences punishable with less than three years?

  1. Within twenty-four hours and within one year respectively
  2. Within fourteen days and within three months respectively
  3. Within seven days and within six months respectively
  4. Forthwith and within two months respectively Correct answer.

Explanation

The BNSS requires that information relating to a cognizable offence be forwarded to the Magistrate forthwith, and prescribes a default investigation timeline of two months where the offence is punishable with less than three years of imprisonment. These timelines are procedural innovations intended to expedite criminal justice.

Question 43Criminal Law and Procedure (including the Indian Penal Code, 1860, Bharatiya Nyaya Sanhita, 2023, Code of Criminal Procedure, 1973 / Bharatiya Nagarik Suraksha Sanhita, 2023 and the Indian Evidence Act, 1872 / Bharatiya Sakshya Adhiniyam, 2023)

Under the Bharatiya Sakshya Adhiniyam, 2023, electronic records are treated as primary evidence in which of the following circumstances?

  1. Only when accompanied by a certificate under Section 63 in every case
  2. When the electronic record is produced from the device in which it was first stored or from any other device used for its storage Correct answer.
  3. When the record is printed and attested by two witnesses
  4. Only when certified by a Magistrate on application

Explanation

The Bharatiya Sakshya Adhiniyam recognises electronic records stored in the original device, or in any device used for their storage, as primary evidence, mirroring the position under the Indian Evidence Act. A certificate is required only for records produced as secondary evidence, such as printouts or copies.

Question 44Criminal Law and Procedure (including the Indian Penal Code, 1860, Bharatiya Nyaya Sanhita, 2023, Code of Criminal Procedure, 1973 / Bharatiya Nagarik Suraksha Sanhita, 2023 and the Indian Evidence Act, 1872 / Bharatiya Sakshya Adhiniyam, 2023)

A person accused of an offence punishable with death gives information to a police officer in custody which leads to the discovery of the weapon of offence concealed in a field. Under the Bharatiya Sakshya Adhiniyam, 2023, how is this information treated?

  1. So much of the information as distinctly relates to the fact discovered is admissible Correct answer.
  2. The entire statement is admissible as a confession
  3. The statement is admissible only if recorded before a Magistrate
  4. The statement is inadmissible in its entirety

Explanation

The rule, now embodied in Section 23 of the Bharatiya Sakshya Adhiniyam, makes admissible only that portion of the information which distinctly relates to the fact thereby discovered. This prevents the police from using the discovery as a pretext to introduce an otherwise inadmissible confession.

Question 45Criminal Law and Procedure (including the Indian Penal Code, 1860, Bharatiya Nyaya Sanhita, 2023, Code of Criminal Procedure, 1973 / Bharatiya Nagarik Suraksha Sanhita, 2023 and the Indian Evidence Act, 1872 / Bharatiya Sakshya Adhiniyam, 2023)

Under Section 106 of the Bharatiya Nyaya Sanhita, 2023, which of the following is the essential requirement for the offence of abetment of suicide?

  1. The accused must have been present at the place of suicide
  2. The accused must have instigated, conspired or intentionally aided the commission of suicide Correct answer.
  3. The accused must have had a monetary motive
  4. The deceased must have left a suicide note naming the accused

Explanation

Section 106 of the BNS punishes abetment of suicide, which requires an instigation, conspiracy or intentional aid that drives the person to commit suicide. Mere harassment or quarrel without the requisite mens rea does not satisfy the provision.

Question 46Criminal Law and Procedure (including the Indian Penal Code, 1860, Bharatiya Nyaya Sanhita, 2023, Code of Criminal Procedure, 1973 / Bharatiya Nagarik Suraksha Sanhita, 2023 and the Indian Evidence Act, 1872 / Bharatiya Sakshya Adhiniyam, 2023)

In a trial before a Court of Session under the Bharatiya Nagarik Suraksha Sanhita, 2023, when may the accused be discharged?

  1. When the accused files an application under Section 482 of the BNSS
  2. When the court, after considering the record and hearing the parties, finds no sufficient ground for proceeding Correct answer.
  3. When the public prosecutor files a closure report
  4. When the Magistrate commits the case after finding a prima facie case

Explanation

Discharge under the BNSS is ordered when the Sessions Court, upon consideration of the record of the case and the documents and after hearing the accused and the prosecution, finds no sufficient ground for proceeding. This is a judicial determination distinct from the committal stage.

Question 47Criminal Law and Procedure (including the Indian Penal Code, 1860, Bharatiya Nyaya Sanhita, 2023, Code of Criminal Procedure, 1973 / Bharatiya Nagarik Suraksha Sanhita, 2023 and the Indian Evidence Act, 1872 / Bharatiya Sakshya Adhiniyam, 2023)

Which of the following best describes the rule against double jeopardy as codified in the Bharatiya Nagarik Suraksha Sanhita, 2023?

  1. A person acquitted can be retried for the same offence without leave
  2. A person acquitted cannot be retried even if the acquittal was perverse
  3. A person convicted of an offence cannot be tried again for the same offence, nor for any other offence on the same facts, except with the consent of the court Correct answer.
  4. A person convicted cannot be retried for any offence whatsoever

Explanation

The codified rule bars a second trial for the same offence and for any other offence founded on the same facts, unless the competent court grants consent. This reflects the constitutional guarantee against double jeopardy while permitting a fresh trial in specified circumstances.

Question 48Criminal Law and Procedure (including the Indian Penal Code, 1860, Bharatiya Nyaya Sanhita, 2023, Code of Criminal Procedure, 1973 / Bharatiya Nagarik Suraksha Sanhita, 2023 and the Indian Evidence Act, 1872 / Bharatiya Sakshya Adhiniyam, 2023)

Under the Bharatiya Nyaya Sanhita, 2023, which provision deals with the offence of organised crime, and what is the minimum punishment where it results in death?

  1. Section 112; imprisonment up to ten years and fine
  2. Section 113; death or imprisonment for life, with a minimum fine of five lakh rupees
  3. Section 111; death or imprisonment for life, with a minimum fine of ten lakh rupees Correct answer.
  4. Section 310; imprisonment for life only

Explanation

Section 111 of the BNS introduces the offence of organised crime, punishing continuing unlawful activity by a crime syndicate. Where the offence results in death, the punishment extends to death or imprisonment for life with a minimum fine of ten lakh rupees.

Question 49Criminal Law and Procedure (including the Indian Penal Code, 1860, Bharatiya Nyaya Sanhita, 2023, Code of Criminal Procedure, 1973 / Bharatiya Nagarik Suraksha Sanhita, 2023 and the Indian Evidence Act, 1872 / Bharatiya Sakshya Adhiniyam, 2023)

A police officer arrests a person without a warrant for a cognizable offence punishable with imprisonment of seven years. Under the BNSS, 2023, which statement about the production of the arrested person before a Magistrate is correct?

  1. Production before a Magistrate is required only if the offence is non-bailable
  2. The arrested person must be produced within forty-eight hours in all cases
  3. The arrested person must be produced within twenty-four hours excluding the time necessary for the journey from the place of arrest to the court Correct answer.
  4. The arrested person may be kept in police custody for seven days before production

Explanation

The BNSS retains the constitutional and statutory mandate that an arrested person be produced before a Magistrate within twenty-four hours, excluding the time necessary for the journey. This is a fundamental safeguard against arbitrary detention.

Question 50Criminal Law and Procedure (including the Indian Penal Code, 1860, Bharatiya Nyaya Sanhita, 2023, Code of Criminal Procedure, 1973 / Bharatiya Nagarik Suraksha Sanhita, 2023 and the Indian Evidence Act, 1872 / Bharatiya Sakshya Adhiniyam, 2023)

Under the Bharatiya Sakshya Adhiniyam, 2023, the doctrine of 'res gestae' is reflected in which provision, and what does it permit?

  1. Section 8; it permits proof of motive
  2. Section 32; it permits proof of dying declarations
  3. Section 45; it permits proof of expert opinion
  4. Section 6; it permits facts forming part of the same transaction to be proved even if not strictly connected by time Correct answer.

Explanation

The res gestae principle is codified in Section 6 of the Bharatiya Sakshya Adhiniyam, which makes facts so connected with the fact in issue as to form part of the same transaction relevant. It allows spontaneous statements and contemporaneous acts to be proved.