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AP Civil Judge Exam study materials
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AP Civil Judge Exam practice questions

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Question 1Civil Law and Procedure

Under the Code of Civil Procedure, 1908, which court is competent to try a suit for the recovery of immovable property where the subject matter is valued at ₹50,000 and the defendant resides in a different district where the property is not situated?

  1. The court within whose jurisdiction the property is situated Correct answer.
  2. Either court at the plaintiff's election
  3. The court where the defendant actually and voluntarily resides
  4. The district court having territorial jurisdiction over both districts

Explanation

Section 16 CPC provides that suits for recovery of immovable property must be instituted in the court within the local limits of whose jurisdiction the property is situated. This is a rule of jurisdiction that overrides the general place-of-residence rule in section 20. The plaintiff therefore cannot elect to sue at the defendant's residence for such a suit.

Question 2Civil Law and Procedure

A plaint is returned under Order VII Rule 10 CPC for presentation to the proper court. Which statement correctly describes the effect of such return?

  1. The suit is deemed to have been instituted on the date of original presentation, and limitation is computed from that date Correct answer.
  2. The plaint is treated as rejected and the plaintiff must file a fresh suit with a fresh cause of action
  3. The suit is deemed to have been instituted afresh on the date of re-presentation, and limitation is computed from that date
  4. The return operates as a decree against the plaintiff which must be appealed

Explanation

Section 14 of the Limitation Act, 1963 read with the settled interpretation of Order VII Rule 10 preserves the benefit of the original filing date. The suit is treated as instituted on the date the plaint was first presented, provided it is re-presented within the time fixed by the court. This protects the plaintiff from limitation bar caused by a bona fide wrong forum.

Question 3Civil Law and Procedure

Which of the following is NOT a condition precedent for the grant of a temporary injunction under Order XXXIX Rules 1 and 2 CPC?

  1. A prima facie case in favour of the applicant
  2. Conclusive proof of the applicant's title to the property Correct answer.
  3. Irreparable injury that cannot be compensated in money
  4. Balance of convenience in favour of the applicant

Explanation

The three well-known tests for a temporary injunction are prima facie case, irreparable injury, and balance of convenience. Conclusive proof of title is a matter for final adjudication at trial, not a precondition for interlocutory relief. An injunction is a provisional remedy granted on a prima facie view.

Question 4Civil Law and Procedure

Under section 80 CPC, what is the minimum period of notice that must be given to the Government before instituting a suit against it?

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

Explanation

Section 80 CPC requires a written notice to be delivered to the Government at least two months before the institution of the suit. The notice must state the cause of action, the relief claimed, and the particulars of the plaintiff. The object is to afford the Government an opportunity to consider whether the claim can be settled without litigation.

Question 5Civil Law and Procedure

Which of the following documents is not a 'public document' within the meaning of section 74 of the Indian Evidence Act, 1872?

  1. A private letter between two individuals Correct answer.
  2. A registered sale deed
  3. A record of a public officer kept in the discharge of his duty
  4. A judgment of a court

Explanation

Section 74 classifies as public documents those forming the acts or records of the acts of sovereign authority, official bodies and tribunals, and public officers, as well as public records of private documents kept in any State. A private letter between two individuals falls outside this classification. Such a letter, if produced, must be proved by primary or secondary evidence like any other private document.

Question 6Civil Law and Procedure

Under section 100 CPC, a second appeal lies to the High Court only when the case involves:

  1. An error apparent on the face of the record
  2. A substantial question of fact
  3. A failure of justice irrespective of any question of law
  4. A substantial question of law Correct answer.

Explanation

Section 100 CPC restricts second appeals to cases involving a substantial question of law. The High Court must formulate the substantial question of law at the time of admission of the appeal. Concurrent findings of fact by the courts below are ordinarily binding and cannot be reopened in second appeal.

Question 7Civil Law and Procedure

Which provision of the Code of Civil Procedure, 1908 empowers the court to extend time fixed for doing an act, even where the period originally fixed has expired?

  1. Section 153
  2. Section 152
  3. Section 151
  4. Section 148 Correct answer.

Explanation

Section 148 CPC empowers the court to enlarge time originally fixed or granted by it for the doing of any act, even though the period originally fixed has expired. Section 151 is the inherent powers provision, section 152 deals with amendment of judgments and decrees, and section 153 with amendment of other proceedings.

Question 8Civil Law and Procedure

Under the Limitation Act, 1963, what is the limitation period for filing an appeal from a decree of a civil court to a High Court?

  1. 120 days
  2. 30 days
  3. 90 days Correct answer.
  4. 60 days

Explanation

Article 116 of the Limitation Act, 1963 prescribes a period of ninety days for an appeal from any decree or order to a High Court. The period runs from the date of the decree or order appealed against. For appeals to courts other than the High Court, a shorter period of thirty days applies.

Question 9Civil Law and Procedure

A plaintiff files a suit against a minor defendant. Which statement correctly states the rule under Order XXXII CPC regarding the appointment of a guardian ad litem?

  1. The minor must be represented by a court-appointed advocate in every case
  2. The suit cannot proceed until the minor attains majority
  3. The court must appoint the natural guardian if one exists, and cannot appoint any other person
  4. The court may appoint any person as guardian ad litem if the natural guardian is not fit, or if there is none, after considering the minor's welfare Correct answer.

Explanation

Order XXXII Rule 4 CPC provides that where the minor has a guardian ad litem, the court may appoint one if no guardian is fit or willing, or if there is no guardian. The paramount consideration is the welfare of the minor. The court may appoint any suitable person, not necessarily the natural guardian.

Question 10Civil Law and Procedure

A defendant fails to file a written statement within the time allowed by the court. The court, after hearing, passes an order that the suit shall proceed ex parte. Which remedy is available to the defendant?

  1. An application under Order IX Rule 13 to set aside the ex parte decree, which can be filed only after the decree is passed
  2. A review application under section 114
  3. An appeal to the High Court against the order
  4. An application under Order IX Rule 7 to set aside the ex parte order Correct answer.

Explanation

Order IX Rule 7 CPC permits a defendant to apply to set aside an order proceeding ex parte, provided the application is made before the decree is passed. Once a decree is passed, the remedy lies under Order IX Rule 13. The two remedies operate at different stages and are not interchangeable.

Question 11Civil Law and Procedure

Which of the following is a necessary ingredient for invoking the doctrine of res judicata under section 11 CPC?

  1. The former suit must have been decided by the highest court in the hierarchy
  2. The former suit must have involved the same advocates
  3. The former suit must have been decided ex parte
  4. The former suit must have been decided on merits by a court of competent jurisdiction Correct answer.

Explanation

Section 11 CPC requires that the former suit be decided on merits by a court competent to try it, and that the matter directly and substantially in issue in the later suit was also directly and substantially in issue in the former suit. An ex parte decree can still operate as res judicata if it was on merits. The identity of counsel is irrelevant.

Question 12Civil Law and Procedure

A party seeks to amend its plaint after the trial has commenced. Under the proviso to Order VI Rule 17 CPC, the court shall not allow the amendment if:

  1. The amendment could not have been made before the trial commenced through due diligence Correct answer.
  2. The amendment would delay the proceedings by one month
  3. The amendment is necessary to determine the real question in controversy
  4. The amendment would introduce a new cause of action

Explanation

The proviso to Order VI Rule 17 CPC bars amendment after the trial has commenced unless the court concludes that, in spite of due diligence, the party could not have raised the matter before the commencement of trial. The object is to prevent belated amendments that prejudice the other side. The other options are not the statutory bar.

Question 13Civil Law and Procedure

Which of the following statements about the doctrine of 'lis pendens' under section 52 of the Transfer of Property Act, 1882 is correct?

  1. A transfer during the pendency of any suit is void
  2. The doctrine applies to movable property as well
  3. A transfer during the pendency of a suit is voidable at the instance of the transferee
  4. A transfer of immovable property during the pendency of a suit does not affect the rights of the parties to the suit, provided the suit is one in which the right to immovable property is directly and substantially in issue Correct answer.

Explanation

Section 52 of the Transfer of Property Act provides that during the pendency of a suit in which the right to immovable property is directly and substantially in issue, the property cannot be transferred so as to affect the rights of the parties to the suit under the decree. The doctrine is confined to immovable property. The transfer is not void; it is merely subject to the decree.

Question 14Civil Law and Procedure

Under section 47 CPC, which of the following questions can be decided by the executing court?

  1. A question of the validity of the decree itself
  2. A question relating to the execution, discharge, or satisfaction of the decree Correct answer.
  3. A question of title to property not covered by the decree
  4. A question of the jurisdiction of the court that passed the decree

Explanation

Section 47 CPC empowers the executing court to decide all questions arising between the parties relating to the execution, discharge, or satisfaction of the decree. It cannot go behind the decree to question its validity or the jurisdiction of the court that passed it. Questions of title to property outside the decree are also outside its scope.

Question 15Civil Law and Procedure

A plaintiff seeks to sue the Government for damages arising from a tort committed by a government servant in the course of employment. Which statement correctly reflects the position under section 80 CPC?

  1. No notice is required because the suit is for tortious liability
  2. A notice is required only if the Government disputes the claim
  3. A notice is required only if the claim exceeds ₹1,000
  4. A notice under section 80 is mandatory before instituting the suit Correct answer.

Explanation

Section 80 CPC applies to all suits against the Government or a public officer in respect of any act purporting to be done in his official capacity. The notice requirement is mandatory and is not confined to contractual claims. Failure to give notice is a jurisdictional defect, though the court may permit the suit to proceed if the plaint is returned for compliance.

Question 16Civil Law and Procedure

Under the Indian Evidence Act, 1872, which of the following is the effect of a presumption under section 114 (presumption as to existence of certain facts)?

  1. The presumption shifts the burden of proof to the party relying on it
  2. The court may presume the existence of any fact which it thinks likely to have happened, having regard to the common course of natural events, human conduct, and public and private business Correct answer.
  3. The presumption is conclusive and rebuts all contrary evidence
  4. The court must draw the presumption in every case

Explanation

Section 114 of the Indian Evidence Act empowers the court to presume the existence of facts likely to have happened in the common course of natural events and human conduct. The presumption is discretionary, not mandatory, and is rebuttable. It is a presumption of fact, not a conclusive presumption of law.

Question 17Civil Law and Procedure

Which of the following correctly describes the doctrine of 'election' under sections 35 and 180 of the Transfer of Property Act, 1882?

  1. A person who has a right to two alternative properties must elect one and cannot take both Correct answer.
  2. The doctrine applies only to testamentary dispositions
  3. The doctrine requires the election to be made in writing and registered
  4. A person may take both the properties if the transferor agrees

Explanation

The doctrine of election provides that a person who has a right to two alternative properties must elect one and cannot take both. It is based on the principle that a person cannot approbate and reprobate. The doctrine applies to both inter vivos and testamentary dispositions.

Question 18Civil Law and Procedure

A suit is filed by a plaintiff who is a pardanashin woman. Which statement correctly reflects the evidentiary position under the Indian Evidence Act, 1872?

  1. The transaction is void unless registered
  2. The burden of proving that the transaction was explained to her lies on the person dealing with her Correct answer.
  3. No special rule applies to pardanashin women
  4. The burden of proving that the transaction was explained to her lies on her

Explanation

The rule regarding pardanashin women is a rule of evidence that places the burden on the person dealing with such a woman to prove that the transaction was explained to her and that she understood it. This is a protective rule developed by courts and is reflected in the general principles of burden of proof. The rule does not render the transaction void.

Question 19Civil Law and Procedure

Under section 10 of the Code of Civil Procedure, 1908, a subsequent suit is barred by the rule of res sub judice when:

  1. The subsequent suit involves a different cause of action
  2. The previously instituted suit has already been decided
  3. The matter in issue in the subsequent suit is also directly and substantially in issue in a previously instituted suit between the same parties, pending in a court competent to try the subsequent suit Correct answer.
  4. The subsequent suit is filed in a different district

Explanation

Section 10 CPC bars a subsequent suit where the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties, and the previously instituted suit is pending in a court competent to try it. The rule prevents parallel litigation. If the earlier suit has been decided, section 11 (res judicata) may apply instead.

Question 20Civil Law and Procedure

Which of the following is the correct period of limitation for a suit for the recovery of money lent under a promissory note payable on demand?

  1. Three years from the date of the note Correct answer.
  2. Twelve years from the date of the note
  3. Six years from the date of the note
  4. Three years from the date of refusal to pay

Explanation

Under Article 22 of the Limitation Act, 1963, a suit for money lent under a promissory note payable on demand must be filed within three years from the date of the note. The period is not extended by a subsequent demand or refusal. A fresh period may arise only if there is an acknowledgment or part payment under sections 18 and 19.

Question 21Civil Law and Procedure

Under Order XLI Rule 27 CPC, an appellate court may allow additional evidence:

  1. In every case where a party wishes to strengthen its case
  2. Only if the evidence is documentary
  3. Only with the consent of the opposite party
  4. Only if the lower court refused to admit it and the refusal was improper, or if the evidence is required to enable the appellate court to pronounce judgment, or for any other substantial cause Correct answer.

Explanation

Order XLI Rule 27 CPC permits the appellate court to allow additional evidence in three situations: where the lower court refused to admit evidence that ought to have been admitted, where the evidence is required to enable the appellate court to pronounce judgment, or for any other substantial cause. The power is discretionary and must be exercised judicially. It is not a routine remedy for a party's failure to lead evidence earlier.

Question 22Civil Law and Procedure

A decree-holder seeks to execute a decree against a legal representative of a deceased judgment-debtor. Which statement correctly states the position under section 50 CPC?

  1. The decree-holder must file a fresh suit against the legal representative
  2. The decree cannot be executed against the legal representative in any circumstance
  3. The decree may be executed against the legal representative to the extent of the property of the deceased that has come to his hands Correct answer.
  4. The decree may be executed against the legal representative personally without any limit

Explanation

Section 50 CPC provides that where a judgment-debtor dies before the decree has been fully satisfied, the decree may be executed against his legal representative to the extent of the property of the deceased that has come to the legal representative's hands. The liability is limited to the assets received. The decree-holder is not required to file a fresh suit.

Question 23Civil Law and Procedure

Which of the following statements about the doctrine of 'part performance' under section 53A of the Transfer of Property Act, 1882 is correct?

  1. The doctrine applies even if the contract is not in writing
  2. The doctrine confers a title on the transferee
  3. The doctrine applies only to registered instruments
  4. The transferee must have taken possession of the property or part thereof in part performance of the contract and must have performed or be willing to perform his part of the contract Correct answer.

Explanation

Section 53A of the Transfer of Property Act protects a transferee who has taken possession in part performance of a contract and has performed or is willing to perform his part. The doctrine is a shield, not a sword; it does not confer title. The contract must be in writing and signed by the transferor.

Question 24Civil Law and Procedure

Under section 34 of the Arbitration and Conciliation Act, 1996, an arbitral award may be set aside on the ground that the arbitral tribunal has dealt with a dispute not contemplated by or not falling within the terms of the submission to arbitration. Which of the following best describes the scope of this ground?

  1. The court may set aside the award if it disagrees with the tribunal's findings of fact
  2. The court may set aside the award if the tribunal has awarded a lesser amount than claimed
  3. The court may set aside the award if the tribunal has exceeded its jurisdiction, but the court cannot reappreciate the merits of the dispute Correct answer.
  4. The court may set aside the award if the tribunal has not given reasons for its decision in every case

Explanation

Section 34 of the Arbitration and Conciliation Act, 1996 permits setting aside an award where the tribunal has exceeded its jurisdiction, but the court does not sit in appeal over the merits. The court cannot reappreciate evidence or substitute its own findings of fact. The ground is jurisdictional, not a merits review.

Question 25Civil Law and Procedure

A plaintiff files a suit for specific performance of a contract for sale of immovable property. The defendant raises the plea that the contract is unenforceable because it lacks mutuality. Which statement correctly reflects the position under the Specific Relief Act, 1963?

  1. The court may enforce the contract against the defendant even if the plaintiff was not ready and willing to perform, provided the defendant is able to perform
  2. The plaintiff must plead and prove readiness and willingness to perform the contract Correct answer.
  3. The contract is automatically void if it lacks mutuality at the time of formation
  4. The court may grant specific performance only if the defendant consents

Explanation

Section 16(c) of the Specific Relief Act, 1963 requires the plaintiff to plead and prove that he has always been ready and willing to perform the essential terms of the contract. Readiness and willingness is a condition precedent to the grant of specific performance. The absence of mutuality at the time of formation is not by itself a bar; the court considers the conduct of the parties.

Question 26Civil Law and Procedure

Under the Code of Civil Procedure, 1908, a plaint may be returned to the plaintiff at any stage of the suit for presentation to the proper court. Which provision governs this power?

  1. Section 24
  2. Order VI Rule 17
  3. Order VII Rule 10 Correct answer.
  4. Order VII Rule 11

Explanation

Order VII Rule 10 CPC requires the court, on finding that it has no jurisdiction, to return the plaint to the plaintiff for presentation before the proper court at any stage of the suit. Rejection of the plaint on the grounds of suit valuation or limitation is dealt with separately under Order VII Rule 11.

Question 27Civil Law and Procedure

A defendant does not appear despite service of summons and the court proceeds ex parte. Which provision permits the defendant to apply to set aside the ex parte decree?

  1. Order IX Rule 13 Correct answer.
  2. Section 151
  3. Order IX Rule 7
  4. Order XVII Rule 2

Explanation

Order IX Rule 13 CPC allows a defendant against whom an ex parte decree has been passed to apply to the court that passed it for an order setting it aside, provided sufficient cause is shown or the summons was not duly served. The application must be made within the limitation period prescribed by the Limitation Act.

Question 28Civil Law and Procedure

A plaint is filed in a court that has pecuniary jurisdiction but the relief claimed requires payment of court fees. The plaintiff fails to pay the requisite court fees within the time granted. What is the consequence under the CPC?

  1. The plaint is rejected Correct answer.
  2. The suit is dismissed on merits
  3. The suit is stayed pending payment
  4. The plaint is returned for presentation to the proper court

Explanation

Under Order VII Rule 11(c) read with the relevant court fees law, where the plaintiff fails to supply the requisite court fees within the time fixed, the plaint is rejected. Rejection under Order VII Rule 11 is a decree and is appealable as such.

Question 29Civil Law and Procedure

A court passes an order granting a temporary injunction under Order XXXIX Rules 1 and 2 CPC. Which of the following is a mandatory requirement for such an order?

  1. The court must always hear the defendant before passing the order
  2. The court must fix a date of hearing within thirty days
  3. The court must record reasons for its opinion that the object of the injunction would be defeated by delay Correct answer.
  4. The court must direct the plaintiff to give security in every case

Explanation

Order XXXIX Rule 3 CPC requires the court, while granting an ex parte injunction, to record the reasons for its opinion that the object of granting the injunction would be defeated by delay. It also requires the court to direct the applicant to deliver a copy of the application and documents to the opposite party.

Question 30Civil Law and Procedure

A suit is instituted against a firm in the firm name. Which provision of the CPC governs the procedure for service and appearance of partners in such a suit?

  1. Order XXX Correct answer.
  2. Order XXXI
  3. Order XXXIII
  4. Order XXXII

Explanation

Order XXX CPC deals with suits by or against firms and persons carrying on business in names other than their own. It permits a firm to sue or be sued in the firm name and prescribes how service on a partner and disclosure of partners is handled.

Question 31Civil Law and Procedure

A plaint is presented by a person who is not the plaintiff or a duly authorised agent. What is the correct position under the CPC?

  1. The plaint is liable to be rejected under Order VII Rule 11 Correct answer.
  2. The court must return the plaint under Order VII Rule 10
  3. The court must dismiss the suit on merits
  4. The plaint is void ab initio and cannot be cured

Explanation

A plaint presented by a person not authorised to do so is a defect that can be cured, but the court may reject the plaint under Order VII Rule 11. The defect of presentation by an unauthorised person is generally treated as curable rather than as rendering the plaint void.

Question 32Civil Law and Procedure

A decree is passed against a defendant who is a minor and who was not represented by a guardian ad litem. What is the correct legal position under Order XXXII CPC?

  1. The decree is voidable at the option of the plaintiff
  2. The decree is valid but enforceable only after the minor attains majority
  3. The decree is valid because a minor is bound by all decrees
  4. The decree is a nullity and liable to be set aside Correct answer.

Explanation

Order XXXII CPC requires that a minor be represented by a guardian ad litem, and a decree passed against an unrepresented minor is a nullity. The court has a duty to appoint a guardian and to protect the interests of the minor.

Question 33Civil Law and Procedure

Which provision of the CPC empowers a court to issue a commission for the examination of a witness?

  1. Order XXVI Correct answer.
  2. Order XVI
  3. Order XIX
  4. Order XVIII

Explanation

Order XXVI CPC deals with commissions, including commissions to examine witnesses, to make local investigations, and to examine accounts. The court may issue a commission where the witness is unable to attend court for reasons recognised by law.

Question 34Civil Law and Procedure

A party seeks to examine a witness who is unable to attend court because of illness. Under Order XXVI CPC, what must the court consider before issuing a commission?

  1. Whether the witness has already been examined in chief
  2. Whether the witness resides within the local limits of the court
  3. Whether the witness is unable to attend court for a reason recognised by law Correct answer.
  4. Whether the opposite party consents to the commission

Explanation

Order XXVI Rule 1 CPC permits the court to issue a commission to examine a witness where the witness is unable to attend court for reasons such as illness or infirmity. The court must be satisfied that the ground recognised by law exists.

Question 35Civil Law and Procedure

A court passes a judgment and decree. Which provision of the CPC requires the court to pronounce judgment in open court?

  1. Order XX Rule 1 Correct answer.
  2. Order XX Rule 3
  3. Order XLI Rule 1
  4. Section 33

Explanation

Order XX Rule 1 CPC provides that the court, after the case has been heard, shall pronounce judgment in open court either at once or on a future day. The judgment must be pronounced in open court to ensure transparency.

Question 36Civil Law and Procedure

A decree-holder applies for execution of a money decree. The judgment-debtor objects that the decree is a nullity because the court lacked territorial jurisdiction. Can the executing court entertain this objection under section 47 CPC?

  1. Yes, but only with the leave of the appellate court
  2. Yes, because the executing court can decide questions relating to the execution, discharge or satisfaction of the decree Correct answer.
  3. No, because the executing court cannot go behind the decree in any circumstance
  4. No, because territorial jurisdiction objections can only be raised in appeal

Explanation

Section 47 CPC empowers the executing court to decide all questions arising between the parties relating to the execution, discharge or satisfaction of the decree. A decree passed by a court lacking inherent jurisdiction is a nullity and can be challenged in execution.

Question 37Civil Law and Procedure

A plaintiff files a suit for declaration of title and possession. During the pendency of the suit, the defendant transfers the property to a third party. What is the effect under section 52 of the Transfer of Property Act, 1882?

  1. The transfer is voidable at the option of the plaintiff
  2. The transfer is valid and unaffected by the suit
  3. The transfer is void ab initio
  4. The transfer is subject to the result of the suit Correct answer.

Explanation

Section 52 embodies the doctrine of lis pendens, under which a transfer of property during the pendency of a suit is subject to the result of that suit. The transferee is bound by the decree passed in the suit.

Question 38Civil Law and Procedure

A person seeks to recover possession of immovable property on the basis of title. Which Article of the Limitation Act, 1963 prescribes the period for such a suit?

  1. Article 58
  2. Article 64
  3. Article 65 Correct answer.
  4. Article 113

Explanation

Article 65 of the Limitation Act, 1963 prescribes a period of twelve years for a suit for possession of immovable property or any interest therein based on title. The period runs from the date when the possession of the defendant becomes adverse to the plaintiff.

Question 39Civil Law and Procedure

A defendant raises the plea of adverse possession. Which essential element must be established for the plea to succeed?

  1. Possession must be actual, open, continuous and hostile to the true owner for the statutory period Correct answer.
  2. Possession must be supported by a registered instrument
  3. Possession must be intermittent but accompanied by payment of rent
  4. Possession must be with the permission of the true owner

Explanation

For adverse possession, the possession must be actual, open, continuous, exclusive and hostile to the true owner for the statutory period of twelve years. The possession must be nec vi, nec clam, nec precario.

Question 40Civil Law and Procedure

Under section 6 of the Specific Relief Act, 1963, a suit for recovery of possession of immovable property can be filed by a person dispossessed without consent. Which statement correctly states the limitation for such a suit?

  1. The suit must be filed within six months of dispossession Correct answer.
  2. The suit must be filed within one year of dispossession
  3. The suit must be filed within twelve years of dispossession
  4. The suit must be filed within three years of dispossession

Explanation

Section 6 of the Specific Relief Act, 1963 allows a person dispossessed of immovable property without consent to recover possession by suit filed within six months of dispossession. No appeal lies from a decree in such a suit.

Question 41Civil Law and Procedure

A contract for sale of immovable property is sought to be specifically enforced. Which section of the Specific Relief Act, 1963 deals with the circumstances in which specific performance may be refused?

  1. Section 14 Correct answer.
  2. Section 16
  3. Section 20
  4. Section 10

Explanation

Section 14 of the Specific Relief Act, 1963 specifies the contracts that cannot be specifically enforced, including contracts of a personal nature and contracts dependent on the personal qualifications of a party. Section 16 deals with the personal bars to relief.

Question 42Civil Law and Procedure

A plaintiff seeks specific performance of an agreement to sell. The defendant contends that the plaintiff was never ready and willing to perform the contract. Which section of the Specific Relief Act, 1963 places the burden on the plaintiff to prove readiness and willingness?

  1. Section 22
  2. Section 10
  3. Section 16(c) Correct answer.
  4. Section 14

Explanation

Section 16(c) of the Specific Relief Act, 1963 requires the plaintiff to aver and prove that he has performed or has always been ready and willing to perform the essential terms of the contract. Readiness and willingness must be shown from the date of the contract onwards.

Question 43Civil Law and Procedure

A suit is filed for specific performance of a contract for sale of immovable property. The plaintiff claims that the defendant has refused to execute the sale deed. Which relief can the court grant under section 22 of the Specific Relief Act, 1963?

  1. Only cancellation of the agreement
  2. Only damages for breach of contract
  3. Only an injunction restraining alienation
  4. Possession, partition and separate possession, as the case may require Correct answer.

Explanation

Section 22 of the Specific Relief Act, 1963 empowers the court, in a suit for specific performance, to grant relief for possession, partition and separate possession in addition to specific performance. The plaintiff must claim such relief specifically.

Question 44Civil Law and Procedure

Under the Indian Evidence Act, 1872, which provision makes a fact admitted in a pleading relevant as against the party making it?

  1. Section 32
  2. Section 58
  3. Section 21
  4. Section 17 Correct answer.

Explanation

Section 17 of the Indian Evidence Act, 1872 defines an admission as a statement, oral or documentary, suggesting an inference as to a fact in issue or relevant fact, made by a party or a person authorised by him. Admissions in pleadings are relevant against the party making them.

Question 45Civil Law and Procedure

A document is required by law to be attested. Which section of the Indian Evidence Act, 1872 requires at least one attesting witness to be called for proving it, if alive and capable of giving evidence?

  1. Section 65
  2. Section 68 Correct answer.
  3. Section 63
  4. Section 71

Explanation

Section 68 of the Indian Evidence Act, 1872 requires that a document required by law to be attested shall not be used as evidence until at least one attesting witness has been called for the purpose of proving its execution, if there is an attesting witness alive and capable of giving evidence.

Question 46Civil Law and Procedure

A party seeks to prove a registered sale deed. The original is with the opposite party, who refuses to produce it despite notice. Which provision of the Indian Evidence Act, 1872 permits secondary evidence in such a case?

  1. Section 64
  2. Section 65 Correct answer.
  3. Section 63
  4. Section 74

Explanation

Section 65 of the Indian Evidence Act, 1872 lists the cases in which secondary evidence relating to documents may be given, including where the original is in the possession of the opposite party who fails to produce it after notice. Section 63 then describes the kinds of secondary evidence admissible.

Question 47Civil Law and Procedure

Under the Indian Evidence Act, 1872, a court is required to presume the genuineness of a certified copy of a public document. Which section supports this?

  1. Section 77
  2. Section 79 Correct answer.
  3. Section 74
  4. Section 76

Explanation

Section 79 of the Indian Evidence Act, 1872 provides that the court shall presume the genuineness of every document purporting to be a certified copy of a public document and to be signed by a public officer in the manner prescribed. This presumption is a presumption of law.

Question 48Civil Law and Procedure

A plaintiff files a suit for declaration that a sale deed executed by him is void. The defendant relies on the recital of consideration in the deed. Which provision of the Indian Evidence Act, 1872 permits the plaintiff to lead oral evidence to contradict the recital?

  1. Section 95
  2. Section 94
  3. Section 92 proviso 1 Correct answer.
  4. Section 91

Explanation

Section 92 of the Indian Evidence Act, 1872 excludes oral evidence to contradict, vary, add to or subtract from the terms of a written contract, but proviso 1 permits evidence of fraud, intimidation, illegality, want of due execution, or want of capacity. A recital of consideration may be contradicted under this proviso.

Question 49Civil Law and Procedure

A suit is filed against a minor. Which provision of the CPC requires the court to appoint a guardian ad litem for the minor?

  1. Order XXXII Rule 12
  2. Order XXXII Rule 1
  3. Order XXXII Rule 3 Correct answer.
  4. Order XXXII Rule 7

Explanation

Order XXXII Rule 3 CPC requires the court, where the defendant is a minor, to appoint a guardian ad litem after considering the minor's interests. The court must serve notice on the proposed guardian and satisfy itself that the appointment is proper.

Question 50Civil Law and Procedure

An appellate court sets aside a decree and remands the case for retrial. Which provision of the CPC governs the power of remand?

  1. Order XLI Rule 33
  2. Order XLI Rule 27
  3. Order XLI Rule 23 Correct answer.
  4. Order XLI Rule 31

Explanation

Order XLI Rule 23 CPC empowers an appellate court to remand a case to the trial court where the latter has omitted to determine any issue or has decided it without evidence. The remand must be in the interest of justice.