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Gujarat Civil Judge practice questions

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Question 1Civil Law and Procedure

Under the Code of Civil Procedure, 1908, a suit for recovery of immovable property situated in Gujarat is ordinarily to be instituted in the court within whose local limits the property is situate. Which provision states this rule?

  1. Section 15
  2. Section 16 Correct answer.
  3. Section 9
  4. Section 20

Explanation

Section 16 CPC requires suits relating to recovery of immovable property, partition, foreclosure, sale or redemption of a mortgage of immovable property, and determination of any other right or interest in immovable property to be brought where the property is situate. Section 15 deals with the place of suing generally, and Section 20 with suits where the defendant resides or the cause of action arises.

Question 2Civil Law and Procedure

A plaint is presented in a court which has no territorial jurisdiction over the subject matter. What is the correct course available to the court under the Code of Civil Procedure, 1908?

  1. Return the plaint to be presented to the proper court under Order VII Rule 10 Correct answer.
  2. Reject the plaint under Order VII Rule 11
  3. Dismiss the suit on merits after trial
  4. Transfer the suit suo motu to another district

Explanation

Order VII Rule 10 CPC requires the court, at any stage of the suit, to return the plaint for presentation to the proper court when it finds it has no jurisdiction. Rejection under Order VII Rule 11 is confined to the specific grounds listed there, such as absence of a cause of action or undervaluation of relief.

Question 3Civil Law and Procedure

Which of the following is a written statement filed by the defendant in response to the plaint, dealing with each material averment?

  1. Caveat
  2. Affidavit of evidence
  3. Plaint
  4. Written statement Correct answer.

Explanation

The written statement is the pleading of the defendant under Order VIII CPC, in which the defendant responds to the plaint and raises objections and defences. The plaint initiates the suit, an affidavit of evidence supports examination-in-chief, and a caveat is a notice seeking prior hearing before an ex parte order.

Question 4Civil Law and Procedure

A plaint must state the facts constituting the cause of action, when it arose, and the relief claimed. Which provision of the Code of Civil Procedure, 1908 requires these particulars in the plaint?

  1. Order VIII Rule 1
  2. Order VII Rule 1 Correct answer.
  3. Order IV Rule 1
  4. Order VI Rule 1

Explanation

Order VII Rule 1 CPC sets out the particulars a plaint must contain, including the name and description of the parties, the facts constituting the cause of action and when it arose, and the relief claimed. Order VI Rule 1 defines pleading generally, while Order IV Rule 1 deals with institution of suits.

Question 5Civil Law and Procedure

Under Section 9 of the Code of Civil Procedure, 1908, a civil court has jurisdiction to try all civil suits of a civil nature unless their cognizance is expressly or impliedly barred. Which of the following best reflects this principle?

  1. The court may try only suits expressly permitted by statute
  2. The court may try only suits involving property worth more than a fixed value
  3. The court may try any civil dispute unless a statute bars its jurisdiction Correct answer.
  4. The court may try a suit only if both parties consent to its jurisdiction

Explanation

Section 9 CPC confers a general presumption of jurisdiction on civil courts in matters of a civil nature, subject to express or implied statutory exclusion. Consent of parties cannot confer jurisdiction that the law denies, and no minimum property value is prescribed by Section 9.

Question 6Civil Law and Procedure

Which of the following documents is a pleading within the meaning of Order VI Rule 1 of the Code of Civil Procedure, 1908?

  1. Affidavit of a witness
  2. Written statement Correct answer.
  3. Vakalatnama
  4. Application for adjournment

Explanation

Order VI Rule 1 CPC defines pleading as the plaint or the written statement. Other documents filed in a suit, such as affidavits, vakalatnamas and interlocutory applications, are not pleadings and are governed by separate provisions.

Question 7Civil Law and Procedure

A suit is instituted in the Court of the Civil Judge (Junior Division). Under Section 15 CPC, which court must the suit be brought in if both a Junior Division and a Senior Division court are competent to try it?

  1. The court of the highest grade competent to try it
  2. The court of the lowest grade competent to try it Correct answer.
  3. Any court chosen by the plaintiff regardless of grade
  4. Only the court where the defendant resides

Explanation

Section 15 CPC requires every suit to be instituted in the court of the lowest grade competent to try it, so that higher courts are not burdened with matters triable by subordinate courts. The rule operates among courts otherwise having jurisdiction over the suit.

Question 8Civil Law and Procedure

Which of the following is a decree within the meaning of Section 2(2) of the Code of Civil Procedure, 1908?

  1. The formal expression of an adjudication conclusively determining the rights of the parties with regard to the matters in controversy Correct answer.
  2. An order returning a plaint for presentation to the proper court
  3. Any order of the court dismissing an application for adjournment
  4. An order rejecting a plaint on the ground of non-payment of court fees

Explanation

Section 2(2) CPC defines a decree as the formal expression of an adjudication which conclusively determines the rights of the parties with regard to all or any of the matters in controversy, and includes rejection of a plaint as a decree in certain cases. Orders that do not conclusively determine rights, such as adjournment orders or return of a plaint, are not decrees.

Question 9Civil Law and Procedure

A defendant wishes to raise the defence that the suit is barred by limitation. Under the Code of Civil Procedure, 1908, how should this defence be raised?

  1. It can be raised only by a separate application before framing of issues
  2. It may be raised for the first time in appeal
  3. It must be raised in the written statement as a specific defence Correct answer.
  4. It is deemed waived unless raised at the time of execution

Explanation

Limitation is a defence that must be pleaded in the written statement under Order VIII CPC so that the plaintiff has notice and the court can frame an issue. A plea of limitation, being a mixed question of fact and law, ordinarily cannot be permitted to be raised for the first time in appeal.

Question 10Civil Law and Procedure

Under Order VII Rule 11 CPC, a plaint may be rejected at any stage of the suit on which of the following grounds?

  1. Where the plaintiff has not engaged an advocate
  2. Where the suit appears from the statement in the plaint to be barred by any law Correct answer.
  3. Where the defendant has a strong counterclaim
  4. Where the plaintiff fails to appear on the first hearing

Explanation

Order VII Rule 11 CPC lists grounds for rejection of a plaint, including absence of a cause of action, relief undervalued, insufficient court fee, and the suit appearing from the plaint itself to be barred by law. The court examines the plaint averments and does not decide disputed questions of fact at this stage.

Question 11Civil Law and Procedure

A plaintiff seeks a declaration that a sale deed is void and also consequential possession of the property. Which court has territorial jurisdiction under the Code of Civil Procedure, 1908?

  1. The court where the defendant voluntarily resides
  2. The court where the sale deed was registered
  3. The court within whose jurisdiction the property is situated Correct answer.
  4. The court where the plaintiff resides

Explanation

A suit for declaration that a sale deed is void, coupled with recovery of possession, is a suit concerning a right or interest in immovable property and falls under Section 16 CPC. Jurisdiction therefore lies where the property is situate, notwithstanding the defendant's residence.

Question 12Civil Law and Procedure

Which of the following is true of the doctrine of res judicata under Section 11 of the Code of Civil Procedure, 1908?

  1. It applies only where the earlier decree was passed by the High Court
  2. It bars a subsequent suit on the same matter between the same parties where the earlier suit was decided on merits Correct answer.
  3. It applies only to criminal proceedings
  4. It bars a subsequent suit only where the earlier suit was dismissed for default

Explanation

Section 11 CPC embodies res judicata: no court shall try any suit or issue in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties, decided by a competent court. The earlier decision must have been on merits and the parties must have had an opportunity of contesting.

Question 13Civil Law and Procedure

A party seeks to amend its plaint to add a new relief after the trial has commenced. Under Order VI Rule 17 CPC, which consideration is central to the court's decision?

  1. Whether the opposite party consents to the amendment
  2. Whether the amendment will delay the suit by any period whatsoever
  3. Whether the amendment is supported by an affidavit of the plaintiff
  4. Whether the amendment is necessary to determine the real question in controversy and does not cause prejudice that cannot be compensated by costs Correct answer.

Explanation

Order VI Rule 17 CPC permits amendment of pleadings where it is necessary for determining the real question in controversy, subject to the proviso that no amendment shall be allowed after trial has commenced unless the court concludes that the party could not have raised the matter earlier despite due diligence. Prejudice to the other side can generally be compensated by costs.

Question 14Civil Law and Procedure

Under Section 24 CPC, which court may transfer a suit pending in a subordinate court to another subordinate court?

  1. Only the court where the suit is pending
  2. Only the court where the defendant resides
  3. Only the Supreme Court
  4. The High Court or the District Court, as the case may be, on application or suo motu Correct answer.

Explanation

Section 24 CPC empowers the High Court and the District Court to transfer any suit, appeal or other proceeding pending before it, or withdraw and transfer it to another court subordinate to it. The power may be exercised on the application of a party or on the court's own motion.

Question 15Civil Law and Procedure

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

  1. The suit becomes time-barred from the date of return
  2. The plaintiff is entitled to exclusion of the time during which the suit was pending in the court that returned the plaint Correct answer.
  3. The limitation period restarts from the date of the original plaint
  4. The limitation period is extended by one year automatically

Explanation

Section 14 of the Limitation Act, 1963, read with the return of the plaint, allows exclusion of the time during which the plaintiff prosecuted the suit in a court which, from defect of jurisdiction or other cause of a like nature, was unable to entertain it. This protects the plaintiff from being penalised for a bona fide error of forum.

Question 16Civil Law and Procedure

Which of the following statements about set-off under Order VIII Rule 6 CPC is correct?

  1. A set-off may be raised for the first time in execution proceedings
  2. A set-off must be pleaded in the written statement and concerns a sum of money legally recoverable by the defendant from the plaintiff Correct answer.
  3. A set-off is available only to a plaintiff against a defendant
  4. A set-off is the same as a counterclaim in all respects

Explanation

Order VIII Rule 6 CPC allows the defendant to plead a set-off where the defendant has a claim for a sum of money legally recoverable from the plaintiff, subject to conditions such as the amount being ascertainable and within the pecuniary jurisdiction of the court. A set-off operates as a defence, whereas a counterclaim under Order VIII Rule 6A is a separate cross-claim.

Question 17Civil Law and Procedure

Under Section 9A (as applicable in Gujarat by virtue of the Code of Civil Procedure (Gujarat Amendment) Act, 1999), what must a court decide before proceeding with the suit where jurisdiction is challenged?

  1. The court must decide the issue of jurisdiction before recording evidence on other issues Correct answer.
  2. The court may defer the jurisdiction issue until final judgment
  3. The court must dismiss the suit without any inquiry
  4. The court must refer the question to the High Court

Explanation

The Gujarat amendment inserting Section 9A requires the court to determine the question of jurisdiction, if raised, before recording evidence on other issues, so that the parties are not put to the expense of a trial in a court that may lack jurisdiction. The decision is subject to appeal as provided.

Question 18Civil Law and Procedure

A defendant does not file a written statement despite service of summons. Under Order VIII Rule 10 CPC, what may the court do?

  1. Pronounce judgment on the basis of the facts contained in the plaint, after considering the plaintiff's claim Correct answer.
  2. Frame no issues and adjourn indefinitely
  3. Refer the matter to arbitration
  4. Dismiss the suit for want of a written statement

Explanation

Order VIII Rule 10 CPC empowers the court, where a party fails to file a written statement within the prescribed time, to pronounce judgment on the basis of the facts contained in the plaint, save as against a defendant who may be entitled to contest. The court must still satisfy itself that the plaint discloses a cause of action and the claim is otherwise sustainable.

Question 19Civil Law and Procedure

Under Section 2(9) CPC, which of the following is an order?

  1. A preliminary decree in a mortgage suit
  2. The formal expression of any decision of a civil court which is not a decree Correct answer.
  3. A decree passed in a suit for partition
  4. The formal expression of an adjudication that conclusively determines the rights of the parties

Explanation

Section 2(9) CPC defines an order as the formal expression of any decision of a civil court which is not a decree. Decrees, including preliminary decrees, are separately defined in Section 2(2) and are appealable as such.

Question 20Civil Law and Procedure

A suit is filed against a minor defendant. Under Order XXXII CPC, which of the following is correct?

  1. A minor defendant need not be served with summons
  2. The minor must be represented by a guardian ad litem appointed by the court, and the court may appoint the guardian on application or suo motu Correct answer.
  3. The minor's natural guardian is automatically the guardian ad litem without any court order
  4. A minor may sue or be sued in his own name without any guardian

Explanation

Order XXXII CPC requires every suit by a minor to be instituted in his name by a next friend and every suit against a minor to be defended by a guardian ad litem appointed by the court. The appointment is made after inquiry, and the court may appoint a suitable person where no fit guardian is available.

Question 21Civil Law and Procedure

Under Section 100 CPC, a second appeal lies to the High Court from a decree passed in appeal by a court subordinate to the High Court on which of the following grounds?

  1. Where the case involves a substantial question of law Correct answer.
  2. Where the appellant has not previously appealed
  3. Where the appellant is dissatisfied with the findings of fact
  4. Where the decree is contrary to the weight of evidence

Explanation

Section 100 CPC restricts second appeals to cases involving a substantial question of law, which must be formulated by the High Court at the time of admission. Concurrent findings of fact are generally binding and cannot be reopened merely on appreciation of evidence.

Question 22Civil Law and Procedure

A plaintiff seeks an interim injunction restraining the defendant from alienating the suit property during the pendency of the suit. Which provision of the Code of Civil Procedure, 1908 governs this relief?

  1. Order XXXIX Rules 1 and 2 Correct answer.
  2. Order XL Rule 1
  3. Order XXVI Rule 9
  4. Order XXXVIII Rule 5

Explanation

Order XXXIX Rules 1 and 2 CPC deal with temporary injunctions and interlocutory orders, including injunctions to restrain a party from alienating property where it is necessary to prevent waste or damage. The court considers prima facie case, irreparable injury and balance of convenience.

Question 23Civil Law and Procedure

Under Section 47 CPC, which of the following questions is to be determined by the court executing the decree?

  1. Questions relating to the framing of issues in the suit
  2. Questions relating to the execution, discharge or satisfaction of the decree Correct answer.
  3. Questions relating to the validity of the plaint
  4. Questions relating to the appointment of a guardian ad litem

Explanation

Section 47 CPC requires all questions arising between the parties to the suit in which the decree was passed, or their representatives, and relating to the execution, discharge or satisfaction of the decree, to be determined by the court executing the decree and not by a separate suit. The provision prevents multiplicity of proceedings at the execution stage.

Question 24Civil Law and Procedure

A decree-holder applies for attachment of the judgment-debtor's salary. Under Section 60 CPC, which of the following is correct regarding the extent of attachment?

  1. Salary may be attached only with the consent of the employer
  2. Salary is absolutely exempt from attachment in all circumstances
  3. The entire salary may be attached without any exemption
  4. Only the portion of salary exceeding the prescribed exempted amount may be attached Correct answer.

Explanation

Section 60 CPC exempts a portion of salary from attachment, and the proviso permits attachment of the excess over the exempted limit in execution of a decree for maintenance or other specified decrees. The exemption protects the judgment-debtor's means of livelihood while allowing recovery of the balance.

Question 25Civil Law and Procedure

Under Order XXIII Rule 1 CPC, what is the consequence where a plaintiff withdraws a suit without the leave of the court?

  1. The defendant must pay the plaintiff's costs
  2. The withdrawal operates as a decree on merits
  3. The plaintiff is precluded from instituting a fresh suit in respect of the same subject matter Correct answer.
  4. The plaintiff may institute a fresh suit as of right

Explanation

Order XXIII Rule 1 CPC allows a plaintiff to withdraw a suit or abandon part of a claim, but where the withdrawal is without the court's leave, the plaintiff is precluded from bringing a fresh suit on the same subject matter. Leave may be granted where the suit must fail for some formal defect or there are sufficient grounds.

Question 26Civil Law and Procedure

A plaint is presented in the Court of the Civil Judge (Senior Division) on 3 January. The plaint is thereafter returned under Order VII Rule 10 CPC on 20 February for presentation to the proper court, and it is re-presented in the correct court on 5 March. Under Section 14 of the Limitation Act, 1963, how is the period between 3 January and 5 March treated?

  1. The period is excluded only if the plaintiff files a fresh suit instead of re-presenting the returned plaint.
  2. Only the period between 3 January and 20 February is excluded, since the plaintiff's diligence after return is irrelevant.
  3. No part of the period is excluded, because a plaint returned under Order VII Rule 10 CPC is treated as never having been filed.
  4. The entire period is excluded in computing limitation, provided the court which returned the plaint was unable to entertain it for want of jurisdiction or other cause of a like nature. Correct answer.

Explanation

Section 14 of the Limitation Act, 1963 requires the exclusion of the time spent in a court which, from defect of jurisdiction or other cause of a like nature, is unable to entertain a suit. Where a plaint is returned under Order VII Rule 10 CPC and re-presented in the proper court, the whole period from first presentation to re-presentation is excluded. The exclusion is not confined to the period before the return order.

Question 27Civil Law and Procedure

A suit is dismissed for default of the plaintiff under Order IX Rule 8 CPC. Which remedy is available to the plaintiff?

  1. A fresh suit on the same cause of action without any restriction.
  2. An appeal as of right under Section 96 CPC against the order of dismissal.
  3. An application for review under Section 114 CPC to the same court.
  4. An application under Order IX Rule 9 CPC to restore the suit, which may be allowed if the plaintiff shows sufficient cause for non-appearance. Correct answer.

Explanation

Where a suit is dismissed for the plaintiff's default, Order IX Rule 9 CPC permits the plaintiff to apply to the court to set aside the dismissal on showing sufficient cause. If the application is dismissed, a fresh suit on the same cause of action is barred by that sub-rule. An appeal does not lie from such a dismissal because it is not a decree.

Question 28Civil Law and Procedure

A defendant against whom an ex parte decree is passed wishes to have it set aside. Under Order IX Rule 13 CPC, which condition must he satisfy?

  1. He must prove that the plaintiff's claim was barred by limitation.
  2. He must first prefer an appeal under Section 96 CPC and fail in it.
  3. He must show that the decree is contrary to the weight of evidence on record.
  4. He must show that he was prevented by sufficient cause from appearing when the suit was called for hearing. Correct answer.

Explanation

Order IX Rule 13 CPC allows the court to set aside an ex parte decree where the defendant satisfies it that he was prevented by sufficient cause from appearing when the suit was called on for hearing. The merits of the plaintiff's claim are not re-examined at that stage. The remedy is alternative to, and not dependent on, an appeal.

Question 29Civil Law and Procedure

A court passes an order directing attachment before judgment of the defendant's property under Order XXXVIII Rule 5 CPC. What is the nature of this order for purposes of appeal?

  1. It is an appealable order under Order XLIII Rule 1(q) CPC. Correct answer.
  2. It is not appealable, and the only remedy is a review application.
  3. It is a decree and appealable under Section 96 CPC.
  4. It is not appealable, but may be challenged only in revision under Section 115 CPC.

Explanation

Order XLIII Rule 1 CPC lists appealable orders, and clause (q) covers an order under Order XXXVIII Rule 5 CPC directing attachment before judgment. Such an order is not a decree because it does not determine the rights of the parties in the suit. The appeal lies under Order XLIII Rule 1 read with Section 104 CPC.

Question 30Civil Law and Procedure

A suit is filed by a partnership firm. Under Order XXX Rule 1 CPC, how must the firm sue?

  1. In the name of the firm, with prior leave of the court obtained before institution.
  2. In the name of every partner individually, since a firm has no separate legal personality.
  3. In the name of the firm, but only the managing partner may sign and verify the plaint.
  4. In the name of the firm, and any person may sign and verify the plaint on behalf of the firm. Correct answer.

Explanation

Order XXX Rule 1 CPC permits partners to sue in the name of the firm, and any person may sign and verify the pleadings on behalf of the firm. The rule is a procedural facility and does not confer separate legal personality on the firm. No prior leave of court is required for suing in the firm's name.

Question 31Civil Law and Procedure

In a suit for partition of joint family property, the plaintiff dies leaving no legal representative. What is the consequence under Order XXII CPC?

  1. The suit automatically devolves on the next heir of the deceased plaintiff.
  2. The suit is dismissed as withdrawn under Order XXIII Rule 1 CPC.
  3. The suit continues and the court may appoint an amicus curiae to prosecute it.
  4. The suit abates as against the deceased plaintiff, and the court may pass an order to that effect. Correct answer.

Explanation

Order XXII Rule 3 CPC provides for substitution of legal representatives; where no application is made within the prescribed time, the suit abates under Order XXII Rule 4 read with Rule 3. Abatement operates by operation of law, and the court merely records it. The court cannot substitute a person who is not a legal representative of the deceased.

Question 32Civil Law and Procedure

A suit is instituted in the Court of the Civil Judge (Junior Division) on 1 March. Under Section 80 CPC, a suit against the State Government must be preceded by notice. Which period must the plaintiff wait before instituting the suit?

  1. One month after delivery of the notice, which cannot be waived by the Government.
  2. Three months after delivery of the notice, which cannot be waived by the Government.
  3. Two months after delivery of the notice, unless the Government waives the period by consent in writing. Correct answer.
  4. Six weeks after delivery of the notice, which cannot be waived by the Government.

Explanation

Section 80(1) CPC requires two months' notice to the Government before institution of a suit against it. The proviso permits the Government, by written consent, to waive the two-month period and allow the suit to be instituted earlier. The requirement is mandatory and its breach leads to rejection of the plaint.

Question 33Civil Law and Procedure

A plaintiff obtains an interim injunction under Order XXXIX Rules 1 and 2 CPC. The defendant applies for its dissolution. Which principle governs the court's discretion?

  1. The court must be satisfied that the defendant is a person of means and can pay damages.
  2. The court must be satisfied that the suit property is immovable property situated within its jurisdiction.
  3. The court must be satisfied that the plaintiff has a prima facie case, that irreparable injury would result, and that the balance of convenience lies in his favour. Correct answer.
  4. The court must be satisfied that the plaintiff will ultimately succeed in the suit on the merits.

Explanation

The grant or refusal of a temporary injunction under Order XXXIX CPC rests on the triple test of prima facie case, irreparable injury and balance of convenience. The court does not finally decide the merits at the interlocutory stage. The purpose is to preserve the status quo pending trial.

Question 34Civil Law and Procedure

A court executing a decree finds that the decree is ambiguous on its face. Under Section 47 CPC, which course is open to the executing court?

  1. It must stay execution and refer the matter to the High Court.
  2. It may interpret the decree to ascertain its true meaning and execute it accordingly. Correct answer.
  3. It must return the decree to the decree-holder to seek clarification from the trial court.
  4. It must dismiss the execution petition as not maintainable.

Explanation

Section 47 CPC requires the executing court to determine all questions arising in execution, including the true meaning and scope of the decree. The executing court may interpret an ambiguous decree to ascertain its true meaning. It cannot go behind the decree or alter its terms.

Question 35Civil Law and Procedure

A judgment-debtor objects that the property attached belongs to his wife and not to him. Under Section 60 CPC read with Order XXI Rule 58 CPC, what is the proper course?

  1. The objection must be raised before the trial court which passed the decree.
  2. The objection must be raised before the executing court, which shall adjudicate the claim after giving notice to the parties. Correct answer.
  3. The objection must be raised by a separate suit, since execution proceedings cannot determine title.
  4. The objection is not maintainable, as the judgment-debtor has no locus standi to object.

Explanation

Order XXI Rule 58 CPC requires the executing court to adjudicate upon claims to or objections to attachment of property attached in execution, after giving notice to the parties. A separate suit is barred by Order XXI Rule 58(5) in respect of matters adjudicated. The executing court thus has jurisdiction to decide such claims.

Question 36Civil Law and Procedure

A defendant files a counterclaim in a suit for recovery of money. Under Order VIII Rule 6A CPC, which statement is correct?

  1. The counterclaim is treated as a written statement and cannot exceed the pecuniary jurisdiction of the court.
  2. The counterclaim must be filed before the first hearing and cannot be amended thereafter.
  3. The counterclaim is treated as a plaint and is governed by the provisions applicable to a plaint. Correct answer.
  4. The counterclaim is barred if the defendant has not paid the court fee on the written statement.

Explanation

Order VIII Rule 6A CPC provides that a counterclaim has the same effect as a cross-suit, and it is treated as a plaint for purposes of the Code. The court may pronounce a final judgment on both the claim and the counterclaim. The counterclaim must relate to the plaintiff's claim but need not be within the original claim's amount.

Question 37Civil Law and Procedure

A party seeks to file an additional document in appeal under Order XLI Rule 27 CPC. Which condition must be satisfied?

  1. The document must have been discovered by the party after the filing of the appeal.
  2. The appellate court must be satisfied that the document could not have been produced in the trial court despite due diligence, or that it is necessary for a just decision. Correct answer.
  3. The document must relate only to the question of limitation.
  4. The document must have been rejected by the trial court on the ground of inadmissibility.

Explanation

Order XLI Rule 27 CPC permits additional evidence in appeal only where the trial court refused to admit evidence which ought to have been admitted, or where the party was not able to produce it despite due diligence, or where the appellate court requires it to enable it to pronounce judgment. The power is exceptional and not to be used to fill lacunae.

Question 38Civil Law and Procedure

Under Section 115 CPC, which condition must be satisfied before the High Court exercises its revisional jurisdiction?

  1. The order must have been passed by a court subordinate to the High Court and must be final.
  2. The subordinate court must have exercised a jurisdiction not vested in it, or failed to exercise a jurisdiction so vested, or acted illegally or with material irregularity. Correct answer.
  3. The applicant must have first exhausted the remedy of review before the same court.
  4. The order must be a decree appealable under Section 96 CPC.

Explanation

Section 115 CPC confers revisional jurisdiction where the subordinate court has exercised a jurisdiction not vested in it, failed to exercise a jurisdiction so vested, or acted in the exercise of its jurisdiction illegally or with material irregularity. The revision lies against an order, not a decree. The High Court may call for the record and pass appropriate orders.

Question 39Civil Law and Procedure

A plaintiff seeks to sue as an indigent person under Order XXXIII CPC. Which statement correctly describes the procedure?

  1. The application must be accompanied by the full court fee, which is refunded if the applicant succeeds.
  2. The application may be oral and need not disclose the applicant's means.
  3. The application must contain the particulars required in a plaint and must be presented to the court along with a schedule of the property owned by the applicant. Correct answer.
  4. The application must be supported by an affidavit of a practising advocate.

Explanation

Order XXXIII Rule 2 CPC requires the application for permission to sue as an indigent person to contain the particulars required in a plaint and to be accompanied by a schedule of the applicant's property and means. The court then conducts an inquiry under Rule 1A into the applicant's indigence. The suit is not instituted until the application is allowed.

Question 40Civil Law and Procedure

A court passes a decree in a suit. Under Section 33 CPC, when does the decree become operative and what must it contain?

  1. The decree becomes operative only after it is signed by the parties to the suit.
  2. The decree becomes operative only after the certified copy is furnished to the decree-holder.
  3. The decree must be drawn up in accordance with the judgment and must bear the date of the judgment, and it becomes operative from that date unless otherwise specified. Correct answer.
  4. The decree becomes operative from the date of the first hearing of the suit.

Explanation

Section 33 CPC requires the court, after the case is heard, to pronounce judgment and to draw up a decree in accordance with the judgment. The decree bears the date of the judgment and is operative from that date unless the judgment specifies otherwise. Signing by the parties is not a requirement for the decree to take effect.

Question 41Criminal Law and Procedure

Under the Bharatiya Nyaya Sanhita, 2023, the general provision exempting acts done by a child of tender age from criminal liability applies to a child below which age?

  1. Twelve years
  2. Nine years
  3. Ten years
  4. Seven years Correct answer.

Explanation

The Bharatiya Nyaya Sanhita, 2023 preserves the classic doli incapax rule: nothing done by a child under seven years of age is an offence, because such a child lacks the maturity to form a criminal intent. Between seven and twelve years, liability depends on whether the child has attained sufficient maturity of understanding.

Question 42Criminal Law and Procedure

A person who commits theft of a mobile phone worth Rs. 5,000 from a shop is prosecuted. Which offence is made out?

  1. Cheating
  2. Theft under the Bharatiya Nyaya Sanhita Correct answer.
  3. Extortion
  4. Criminal breach of trust

Explanation

Theft is the dishonest taking of movable property out of the possession of another without consent. A phone is movable property taken from the shopkeeper's possession without consent, so the offence is theft; value affects punishment, not classification.

Question 43Criminal Law and Procedure

Which provision of the Bharatiya Nagarik Suraksha Sanhita, 2023 governs the power of police to arrest without a warrant in cognizable offences?

  1. Section 161
  2. Section 154
  3. Section 35 Correct answer.
  4. Section 41

Explanation

Section 35 of the BNSS, 2023 confers on a police officer the power to arrest without an order from a Magistrate and without a warrant in cognizable cases. It carries forward the scheme of the former Section 41 CrPC while adding safeguards on necessity of arrest.

Question 44Criminal Law and Procedure

An FIR is registered at a police station. Within what period must the information be recorded in the station diary and forwarded to the Magistrate under the BNSS scheme for cognizable offences?

  1. Within thirty days of registration
  2. Forthwith, with a report to the Magistrate without unnecessary delay Correct answer.
  3. Only after the charge sheet is filed
  4. Within ninety days of registration

Explanation

Information in a cognizable case must be recorded and the substance entered in the station diary, and a report sent to the Magistrate forthwith. There is no statutory grace period of thirty or ninety days for this intimation.

Question 45Criminal Law and Procedure

Which of the following is an essential ingredient of the offence of criminal conspiracy?

  1. An agreement between two or more persons to do an unlawful act or a lawful act by unlawful means Correct answer.
  2. Proof of motive for the agreement
  3. An overt act committed by every conspirator
  4. A written agreement signed by the parties

Explanation

Criminal conspiracy is complete on the formation of an agreement between two or more persons to commit an illegal act or to do a lawful act by illegal means. The agreement itself is the offence; an overt act is generally not required to constitute it.

Question 46Criminal Law and Procedure

The doctrine of common intention applies when a criminal act is done by several persons in furtherance of the common intention of all. What is the effect?

  1. Only the person who actually caused the injury is liable
  2. Each of such persons is liable for the act in the same manner as if it were done by him alone Correct answer.
  3. Each person is liable only for abetment
  4. Liability is limited to the person who planned the act

Explanation

Where a criminal act is done by several persons in furtherance of a common intention, each is constructively liable as if the act were done by him alone. The provision requires a prior meeting of minds and participation in the criminal act.

Question 47Criminal Law and Procedure

A confession recorded by a police officer during investigation is generally inadmissible. Which constitutional and statutory rule is primarily engaged?

  1. The right against self-incrimination and the bar on police confessions Correct answer.
  2. The right to property
  3. The rule against double jeopardy
  4. The doctrine of pleasure

Explanation

A confession made to a police officer is barred because it offends the right against self-incrimination and is inherently unreliable. The bar is reflected both in the constitutional guarantee and in the statutory exclusion of such confessions.

Question 48Criminal Law and Procedure

A dying declaration is admissible in evidence. What is the rationale for this exception to the hearsay rule?

  1. It is a statement made under oath and therefore reliable
  2. It is admissible only if the maker survives to be cross-examined
  3. It is admissible only if recorded by a Magistrate
  4. The expectation of imminent death removes the motive to lie, and necessity demands admission Correct answer.

Explanation

The law treats a statement as to the cause of death as admissible on the principle of necessity and the belief that a person on the verge of death is unlikely to lie. It need not be recorded by a Magistrate to be admissible, though that adds weight.

Question 49Criminal Law and Procedure

A person is charged with murder. The prosecution relies on circumstantial evidence. Which standard must the circumstances satisfy?

  1. The circumstances must be proved beyond a preponderance of probabilities
  2. The circumstances must be corroborated by a police confession
  3. The circumstances must form a complete chain excluding every reasonable hypothesis of innocence Correct answer.
  4. The circumstances must merely raise a suspicion of guilt

Explanation

In a circumstantial case, the circumstances must be fully established, consistent only with the hypothesis of guilt, and must exclude every reasonable explanation consistent with innocence. Suspicion, however strong, cannot substitute for proof beyond reasonable doubt.

Question 50Criminal Law and Procedure

During a trial, the defence objects that a witness's statement to police was not recorded. What is the consequence of omission to record a statement of a witness examined during investigation?

  1. The trial is vitiated and must be restarted
  2. The entire prosecution case automatically fails
  3. The omission may be used to contradict or impeach the witness's testimony, and affects the weight of the evidence Correct answer.
  4. The witness becomes incompetent to testify

Explanation

An omission to record a witness's statement during investigation does not render the witness incompetent or automatically destroy the case. The omission can be used to contradict the witness and goes to the weight and credibility of the evidence.