I85PREP
⌘ K
Jharkhand Civil Judge (JPSC) study materials
Jharkhand Civil Judge (JPSC) study resources

Jharkhand Civil Judge (JPSC) practice questions

One question at a time. Build your Jharkhand Civil Judge (JPSC) understanding.

First 50 of 200 questions. Each one lists the choices, the correct answer, and an explanation. The checker at the top of this page saves progress in this browser when it is available.

Continue in the practice tool above to load more questions, 50 at a time.

Question 1Civil Law

Under Section 11 of the Code of Civil Procedure, 1908, a subsequent suit between the same parties is barred by res judicata when the matter directly and substantially in issue in the former suit was:

  1. dismissed for default without any adjudication
  2. raised in a suit that was withdrawn without liberty to file afresh
  3. heard and finally decided by a court competent to try it Correct answer.
  4. pleaded by the plaintiff but left undecided

Explanation

Section 11 bars a fresh suit when the same matter was directly and substantially in issue in a former suit between the same parties or their representatives and was heard and finally decided by a competent court. A mere pleading or a dismissal for default does not amount to a final decision on the merits. Only the first option satisfies the statutory requirement of a final adjudication.

Question 2Civil Law

Under Section 54 of the Transfer of Property Act, 1882, a sale of tangible immovable property of the value of Rs. 500 can be made only by:

  1. an unregistered sale deed
  2. a registered instrument Correct answer.
  3. delivery of possession of the property
  4. an oral agreement accompanied by payment of price

Explanation

Section 54 requires a registered instrument for the sale of tangible immovable property of the value of Rs. 100 and upwards. Since the property in the question is worth Rs. 500, delivery of possession or an oral agreement is insufficient. An unregistered sale deed also does not satisfy the statutory mandate.

Question 3Civil Law

Under Section 13B(1) of the Hindu Marriage Act, 1955, a petition for divorce by mutual consent may be presented on the ground that the spouses have been living separately for:

  1. one year Correct answer.
  2. six months
  3. two years
  4. three years

Explanation

Section 13B(1) permits a joint petition for divorce by mutual consent where the spouses have been living separately for one year or more and have not been able to live together. They must also agree that the marriage should be dissolved. The shorter and longer periods in the other options do not match the statutory requirement.

Question 4Civil Law

A agrees to sell to B the entire crop expected from A's specified field. Before harvest, an earthquake permanently destroys the field. Under Section 56 of the Indian Contract Act, 1872, the contract is:

  1. voidable at B's option
  2. enforceable because B paid no advance
  3. void Correct answer.
  4. illegal

Explanation

Section 56 applies where performance becomes impossible by reason of an event beyond the control of the promisor. The destruction of the specific field makes performance impossible, so the agreement becomes void. The contract is not merely voidable, and the absence of an advance does not keep it alive.

Question 5Civil Law

A plaint is liable to be rejected at the threshold under Order VII Rule 11 of the Code of Civil Procedure, 1908 where:

  1. the plaintiff has not engaged an advocate
  2. the plaint does not disclose a cause of action Correct answer.
  3. the defendant intends to file a counterclaim in the suit
  4. the suit is filed during the court vacation

Explanation

Order VII Rule 11 permits rejection of a plaint where it does not disclose a cause of action, among other specified grounds. The absence of an advocate, the timing of the filing, or the defendant's intention to counterclaim are not grounds for rejection under this rule. The court examines the plaint itself at this stage.

Question 6Civil Law

An application under Section 5 of the Limitation Act, 1963 for condonation of delay lies in respect of:

  1. a suit instituted before a civil court
  2. an appeal or a non-execution application Correct answer.
  3. execution proceedings under Order XXI
  4. a suit as well as an appeal, but never an application

Explanation

Section 5 applies to an appeal or any application, other than an application under any provision of Order XXI of the Code of Civil Procedure. It does not extend to suits, because suits are governed by the specific provisions on institution. Execution applications under Order XXI are expressly excluded from Section 5.

Question 7Civil Law

Under Section 53A of the Transfer of Property Act, 1882, the doctrine of part performance protects a transferee who:

  1. has paid the full price under an oral agreement but has no possession
  2. purchases the property in good faith from a person who has no title
  3. is in possession under a written contract and willing to perform Correct answer.
  4. holds a registered sale deed but has not obtained possession of the property

Explanation

Section 53A protects a transferee who has taken possession, or continues in possession, in part performance of a written contract and is willing to perform his part. The contract must be signed and its terms ascertainable with reasonable certainty. Possession plus willingness is the core of the doctrine, not mere payment or registration.

Question 8Civil Law

Under Section 100 of the Code of Civil Procedure, 1908, a second appeal lies to the High Court from a decree passed in first appeal only if:

  1. the case involves a substantial question of law Correct answer.
  2. the parties consent to the second appeal being heard
  3. the value of the suit exceeds the pecuniary jurisdiction of the district court
  4. the first appellate court made an error of fact

Explanation

Section 100 restricts a second appeal to cases involving a substantial question of law. The High Court must formulate that question if it is not already formulated by the appellant. A mere error of fact or the consent of the parties does not confer a right of second appeal.

Question 9Civil Law

Where a contract is broken, Section 14A of the Specific Relief Act, 1963 (inserted by the 2018 amendment) enables the aggrieved party, without prejudice to other rights, to:

  1. claim damages as the sole remedy, excluding specific performance and substituted performance
  2. get the contract performed by a third party at the defaulter's cost Correct answer.
  3. compel the defaulting party to submit the dispute to arbitration under the arbitration clause
  4. seek rescission of the contract only if the breach is shown to be material and irreparable

Explanation

Section 14A introduces substituted performance, allowing the aggrieved party to have the contract performed by a third party at the cost of the party in breach. This right is without prejudice to any other right available to the aggrieved party. It does not make damages the sole remedy or convert the breach into an arbitration dispute.

Question 10Civil Law

Under Section 63 of the Indian Succession Act, 1925, the attestation of an unprivileged will is valid when:

  1. one witness signs in the testator's presence and the scribe adds a certificate
  2. both witnesses sign at the same time in the testator's presence and before the registrar
  3. the will is registered before the sub-registrar and the registrar endorses the signatures
  4. two witnesses sign in the testator's presence, not necessarily together Correct answer.

Explanation

Section 63 requires the testator's signature or mark and attestation by two or more witnesses who have seen the testator sign or affix the mark. Each witness must sign in the presence of the testator, but it is not necessary that more than one witness be present at the same time. Registration is not a substitute for attestation.

Question 11Civil Law

Under Section 10 of the Code of Civil Procedure, 1908, a civil court may stay the trial of a suit where the conditions for stay are satisfied. Which of the following is an essential condition for applying Section 10?

  1. The earlier suit must have been instituted by the plaintiff in the later suit against a different defendant and must relate to a different property.
  2. The matter in issue must be directly and substantially in issue in a previously instituted suit between the same parties. Correct answer.
  3. The later suit must have been transferred to the court trying the earlier suit under Section 24 and must involve the same subject matter.
  4. The later suit must be based on a cause of action that arose after the earlier suit was instituted and must be pending before the same court.

Explanation

Section 10 CPC stays trial where the matter in issue in the later suit is directly and substantially in issue in a previously instituted suit between the same parties or their representatives litigating under the same title. The earlier suit must be pending in a court competent to grant the relief. Transfer under Section 24 or identity of the entire subject matter is not a condition for the stay.

Question 12Civil Law

A plaintiff intends to file a suit against the State of Jharkhand for breach of contract. Under Section 80 of the Code of Civil Procedure, 1908, what is the general requirement before institution of the suit?

  1. Written notice to the Secretary to Government or Collector, and expiry of two months from delivery. Correct answer.
  2. Prior sanction of the High Court must be obtained before the plaint is presented against the State.
  3. Notice must be served after institution of the suit and within seven days of filing the plaint.
  4. The suit must be instituted only before the District Judge having territorial jurisdiction over the claim.

Explanation

Section 80 CPC ordinarily requires a written notice to the Secretary to the Government or the Collector, as prescribed, and the expiry of two months from its delivery before a suit is instituted against the Government or a public officer. Section 80(2) permits urgent interim relief without such notice. The notice requirement is a condition precedent, not a post-filing formality.

Question 13Civil Law

Under Section 3 of the Limitation Act, 1963, what is the duty of a civil court when a suit is instituted after the prescribed period of limitation?

  1. The court may dismiss the suit only if the defendant raises limitation as a defence in the written statement.
  2. The court may allow the suit if the plaintiff explains the delay in the plaint itself.
  3. The court shall condone the delay if the plaintiff files an application under Section 5 along with the plaint.
  4. The court shall dismiss the suit as barred by limitation even if no such defence is raised. Correct answer.

Explanation

Section 3 of the Limitation Act, 1963 directs the court to dismiss a suit, appeal or application instituted or made after the prescribed period even if limitation has not been set up as a defence. Limitation is a statutory bar that the court must apply. Section 5 enables condonation of delay in appeals and applications, not in suits.

Question 14Civil Law

A plaintiff in a title suit seeks a temporary injunction restraining the defendant from alienating the suit property during the pendency of the suit. Under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908, which of the following is the correct legal standard?

  1. The court must find a prima facie case, balance of convenience and irreparable injury. Correct answer.
  2. The court must grant injunction automatically once the plaint is admitted and summons are issued.
  3. The plaintiff must prove perfect title and that the defendant is a trespasser in possession.
  4. The court can grant injunction only after recording oral evidence of both parties.

Explanation

Order XXXIX Rules 1 and 2 require the court to exercise discretion judicially, ordinarily on the threefold test of a prima facie case, balance of convenience and irreparable injury. The injunction may also issue to prevent a threatened breach of the peace or obstruction to justice. Proof of perfect title is not the threshold for temporary injunction.

Question 15Civil Law

A Hindu father dies intestate after the 2005 amendment, leaving a son and a daughter, and coparcenary property. Under Section 6 of the Hindu Succession Act, 1956, how does the daughter's right in the coparcenary property operate?

  1. The daughter is a coparcener by birth, with rights equal to a son's. Correct answer.
  2. The daughter is entitled only to a share in the father's separate property and not in coparcenary property.
  3. The daughter can claim partition only after the male coparceners have divided the coparcenary property among themselves.
  4. The daughter becomes a coparcener only if the father executes a registered deed conferring that status on her.

Explanation

After the 2005 amendment, Section 6 of the Hindu Succession Act makes the daughter of a coparcener a coparcener by birth in the same manner as a son. She has the same rights and liabilities in the coparcenary property, subject to the statutory proviso on testamentary disposition. Her status does not depend on a deed or on a prior partition by the male coparceners.

Question 16Civil Law

A partnership firm is unregistered. It wants to file a suit against a third party for recovery of a debt arising out of a contract entered into by the firm. What is the effect of Section 69 of the Indian Partnership Act, 1932?

  1. The suit is not maintainable until the firm is registered and the suing partner is shown in the register. Correct answer.
  2. The suit is permanently barred and no subsequent registration can cure the defect for any purpose.
  3. The suit is maintainable because registration affects only suits between partners and not suits against third parties.
  4. The suit is maintainable only if the defendant is also an unregistered firm carrying on similar business.

Explanation

Section 69(2) of the Indian Partnership Act, 1932 bars a suit to enforce a right arising from a contract by or on behalf of an unregistered firm unless the firm is registered and the person suing is shown in the register of firms as a partner. The bar is not permanent; registration can cure the defect prospectively. It does not depend on the defendant being an unregistered firm.

Question 17Civil Law

Which of the following instruments is compulsorily registrable under Section 17 of the Registration Act, 1908?

  1. A simple mortgage deed where the mortgage money is less than one hundred rupees.
  2. A gift deed of immovable property. Correct answer.
  3. A lease of immovable property for a term of six months with no premium and no rent reserved.
  4. A will relating to immovable property.

Explanation

Section 17(1)(a) of the Registration Act, 1908 makes an instrument of gift of immovable property compulsorily registrable. Wills are not compulsorily registrable under Section 17; registration is optional under Section 18. Short leases and simple mortgages below the statutory value threshold also fall outside compulsory registration.

Question 18Civil Law

A written sale agreement contains a clause that time is of the essence. The plaintiff seeks to adduce oral evidence to show that the parties had orally agreed that time would not be of the essence. Under Section 92 of the Indian Evidence Act, 1872, is such oral evidence admissible?

  1. No, Section 92 excludes oral evidence that contradicts, varies, adds to or subtracts from a written contract. Correct answer.
  2. Yes, because an agreement for sale of immovable property is not a contract within the meaning of Section 92.
  3. No, because Section 92 absolutely bars oral evidence even in cases of fraud, intimidation, illegality or want of due execution.
  4. Yes, because oral evidence is always admissible to explain the real intention of the parties to a written contract.

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. The exclusion is subject to provisos, including fraud, intimidation, illegality, want of due execution, and a separate oral agreement on a condition precedent. A blanket denial of those exceptions is incorrect.

Question 19Civil Law

A landowner claims a right of way over his neighbour's land by prescription. Under Section 15 of the Indian Easements Act, 1882, which condition is essential to acquire the easement by prescription?

  1. The right must have been enjoyed for twelve years under a written grant executed by the owner of the servient heritage.
  2. The right must have been recognised in a registered lease deed executed by the neighbour and renewed periodically.
  3. Peaceable, open enjoyment as of right, without interruption, for twenty years. Correct answer.
  4. The right must have been enjoyed for twenty years continuously and openly, and it is immaterial whether it was enjoyed as of right.

Explanation

Section 15 of the Indian Easements Act, 1882 requires the easement to be peaceably and openly enjoyed as of right and without interruption for twenty years. The claimant must also be capable of acquiring property. The enjoyment must be as of right, so mere permissive or concealed use is insufficient.

Question 20Civil Law

A agrees to sell to B 100 bags of rice out of a large heap, and the bags are not separated or identified. When does property in the goods pass to B under the Sale of Goods Act, 1930?

  1. When B pays the price in full, regardless of whether the goods have been identified or separated.
  2. Immediately on the making of the contract, because the goods are existing and the price is fixed.
  3. Only after the entire heap of rice is delivered to B and accepted by B without objection.
  4. When the goods are ascertained and unconditionally appropriated to the contract. Correct answer.

Explanation

For unascertained goods, property does not pass merely on the making of the contract. Under the Sale of Goods Act, 1930, property passes when the goods are ascertained and unconditionally appropriated to the contract with the assent of the other party. Payment alone does not determine the passing of property.

Question 21Civil Law

An application to amend pleadings is filed after the trial in a civil suit has commenced. Under the proviso to Order VI Rule 17 of the Code of Civil Procedure, 1908, the court may allow the amendment only if it concludes that:

  1. the amendment is necessary to avoid multiplicity of proceedings and the opposite party can be compensated in costs.
  2. the proposed amendment is supported by an affidavit and is filed before framing of issues.
  3. the amendment does not change the nature of the suit and is limited to formal defects.
  4. the party could not have raised the matter before the commencement of trial despite due diligence. Correct answer.

Explanation

The proviso to Order VI Rule 17 imposes a threshold bar on amendments sought after trial has commenced. The court must conclude that, in spite of due diligence, the party could not have raised the matter before trial began. General considerations such as avoiding multiplicity or compensating costs do not displace this statutory requirement.

Question 22Civil Law

A defendant against whom a decree has been passed ex parte applies under Order IX Rule 13 of the Code of Civil Procedure, 1908. The court may set aside the ex parte decree if the defendant satisfies it that:

  1. he was not duly served with summons or was prevented by sufficient cause from appearing when the suit was called for hearing. Correct answer.
  2. the plaintiff's claim was barred by limitation at the date of the suit.
  3. the decree is contrary to law on the face of the record.
  4. the suit was not maintainable for want of statutory notice under Section 80.

Explanation

Order IX Rule 13 permits setting aside an ex parte decree where the defendant shows either non-service of summons or sufficient cause for non-appearance. The inquiry is directed to the defendant's failure to appear, not to the merits of the decree. Errors of law or limitation are ordinarily challenged in appeal or other appropriate proceedings.

Question 23Civil Law

In execution proceedings, a dispute arises between the decree-holder and the judgment-debtor as to whether the decree has been fully satisfied. Under Section 47 of the Code of Civil Procedure, 1908, such a dispute is to be decided by:

  1. the appellate court in exercise of its original jurisdiction.
  2. the executing court. Correct answer.
  3. the court which passed the decree, by a separate suit.
  4. an arbitrator appointed by the parties.

Explanation

Section 47 requires all questions relating to the execution, discharge or satisfaction of a decree to be determined by the court executing the decree. Such questions cannot be agitated in a separate suit. The executing court therefore decides the satisfaction dispute itself.

Question 24Civil Law

A mortgagor tenders the entire mortgage money to the mortgagee before the mortgagee has obtained a decree for sale. Under Section 60 of the Transfer of Property Act, 1882, the mortgagor:

  1. must deposit the amount in court and cannot tender it directly.
  2. has a right to redeem the property, which can be extinguished only by an act of the parties or by a decree of the court. Correct answer.
  3. loses the right of redemption because the mortgagee has already filed a suit for enforcement.
  4. may redeem the property only with the consent of the mortgagee.

Explanation

Section 60 confers on the mortgagor a right to redeem the property by paying the mortgage money after the principal money has become due. This right can be extinguished only by an act of the parties or by a decree of the court. A mere suit by the mortgagee does not destroy the right before a decree is passed.

Question 25Civil Law

A lease of immovable property is granted for manufacturing purposes and is not expressed to be for any particular term. Under Section 106 of the Transfer of Property Act, 1882, the lease is deemed to be:

  1. a lease from year to year, terminable by six months' notice. Correct answer.
  2. a lease for the period during which the manufacture continues, terminable by reasonable notice.
  3. a lease at will, terminable without notice.
  4. a lease from month to month, terminable by fifteen days' notice.

Explanation

Section 106 prescribes a year-to-year tenancy for leases for agricultural or manufacturing purposes where no term is expressed. Such a lease is terminable by six months' notice. Leases for other purposes are deemed to be from month to month and require fifteen days' notice.

Question 26Civil Law

A contract between A and B provides that on breach A shall pay B Rs. 5,00,000 as penalty. B suffers actual loss of Rs. 2,00,000. Under Section 74 of the Indian Contract Act, 1872, B is entitled to:

  1. only Rs. 2,00,000 as liquidated damages, since actual loss is proved.
  2. nothing, because a penalty clause is void.
  3. reasonable compensation not exceeding Rs. 5,00,000, having regard to the loss suffered. Correct answer.
  4. the full penalty of Rs. 5,00,000 because the parties have agreed to it.

Explanation

Section 74 entitles the aggrieved party to reasonable compensation for the breach, whether or not actual damage is proved. The sum named in the contract operates as a ceiling where it is a penalty. The court assesses reasonable compensation with reference to the loss suffered.

Question 27Civil Law

A person has been dispossessed of immovable property without his consent otherwise than in due course of law. Under Section 6 of the Specific Relief Act, 1963, he may:

  1. institute a suit for recovery of possession within twelve years, and an appeal lies on questions of law.
  2. file a criminal complaint, as the civil court has no jurisdiction.
  3. institute a suit for recovery of possession within six months of dispossession, and no appeal lies from the decree. Correct answer.
  4. apply for a temporary injunction only, without seeking possession.

Explanation

Section 6 provides a summary remedy for a person dispossessed without consent and otherwise than in due course of law. The suit must be brought within six months of dispossession. No appeal lies from a decree passed in such a suit.

Question 28Civil Law

An unregistered instrument of gift of immovable property is produced in court to prove the transfer of title. Under Section 49 of the Registration Act, 1908, the court should:

  1. treat it as a valid will because a gift and a will have the same effect.
  2. admit it only if the donor and donee consent to its registration in court.
  3. reject it as evidence of the gift, though it may be used to prove a collateral transaction not requiring registration. Correct answer.
  4. admit it as evidence of the gift because it is signed by the donor.

Explanation

Section 49 bars an unregistered document required to be registered from being received as evidence of a transaction affecting immovable property. It does not affect its use as evidence of a collateral transaction not required to be effected by a registered instrument. The document therefore cannot prove the gift itself.

Question 29Civil Law

In a civil suit, the court has to form an opinion on the genuineness of a disputed signature. Under Section 45 of the Indian Evidence Act, 1872, the court may:

  1. require the party denying the signature to prove it is forged beyond reasonable doubt.
  2. appoint an expert and act on the expert's opinion, which is conclusive.
  3. rely solely on its own comparison and cannot seek expert assistance.
  4. seek the opinion of a handwriting expert, which is relevant but not conclusive. Correct answer.

Explanation

Section 45 makes the opinion of an expert on handwriting relevant when the court has to decide the genuineness of a signature. The expert's opinion is advisory and the court must form its own judgment. It is not conclusive proof of the fact in issue.

Question 30Civil Law

A suit is pending in which the right to immovable property is directly and specifically in question. During its pendency, the defendant transfers the property to a purchaser who has no notice of the suit. Under Section 52 of the Transfer of Property Act, 1882, the transfer:

  1. is valid only if the court grants leave after the transfer.
  2. is void ab initio and confers no title on the purchaser.
  3. is valid, and the purchaser is not affected by the decree because he had no notice.
  4. does not affect the rights of the plaintiff under the decree, because the doctrine of lis pendens applies irrespective of notice. Correct answer.

Explanation

Section 52 makes property transferred pendente lite subject to the result of the pending suit. The doctrine applies irrespective of whether the purchaser had notice of the suit. The transfer is not void ab initio; it is simply subservient to the decree.

Question 31Civil Law

A plaintiff files a declaratory suit in a civil court in Jharkhand. A perusal of the plaint itself shows that the relief claimed is barred by a statute in force on the date of institution of the suit. Under Order VII Rule 11 of the Code of Civil Procedure, 1908, the court should -

  1. return the plaint for presentation to the proper court
  2. dismiss the suit on merits after recording evidence
  3. strike out the plaint under Order VI Rule 16
  4. reject the plaint Correct answer.

Explanation

Order VII Rule 11(d) requires the court to reject a plaint where the suit appears from the statements in the plaint itself to be barred by any law, and a statutory bar including limitation falls within that clause. Rejection under this rule is not a decision on the merits and does not prejudice a fresh suit. The court looks only at the plaint and any documents filed with it.

Question 32Civil Law

X and Y agree that if India wins a cricket match Y will pay X Rs. 1,00,000, and if India loses X will pay Y Rs. 1,00,000. Neither party has any interest in the match other than the stake. Under the Indian Contract Act, 1872, the agreement is -

  1. enforceable if the stake is paid into court before the match
  2. valid, and the winning party can sue for the amount
  3. void, and neither party can recover anything under it Correct answer.
  4. voidable at the option of the party who loses the bet

Explanation

Section 30 of the Indian Contract Act, 1872 declares agreements by way of wager to be void, and provides that no suit shall be brought for recovering anything alleged to be won on any wager. The agreement creates no legal obligation on either side. Money actually paid cannot ordinarily be recovered, but the winner acquires no right to sue for the stake.

Question 33Civil Law

An appeal against a decree is filed in the High Court of Jharkhand after the prescribed period, along with an application stating that the appellant's advocate had given him an incorrect last date. Under Section 5 of the Limitation Act, 1963, the court may -

  1. condone the delay as a matter of right because the delay is less than ninety days
  2. condone the delay if sufficient cause is shown, the explanation being considered liberally but with no party having a vested right to condonation Correct answer.
  3. refuse to condone the delay because a mistake of counsel can never be sufficient cause
  4. extend the period of limitation by a maximum of thirty days in every case

Explanation

Section 5 permits the court to admit an appeal or application filed after the prescribed period if the appellant or applicant satisfies it that there was sufficient cause for not filing in time. The power is discretionary and the explanation must be reasonable and bona fide; a mistake of counsel may amount to sufficient cause depending on the facts. There is no fixed statutory ceiling on the length of delay that may be condoned.

Question 34Civil Law

A's suit for possession of a plot against B, founded on a particular title, is dismissed on merits by a competent court. A thereafter files a second suit for possession of the same plot against B on the same title. Under Section 11 of the Code of Civil Procedure, 1908 -

  1. the second suit is barred by res judicata only if the earlier decision was given by the High Court
  2. the second suit is barred by res judicata, since the matter was directly and substantially in issue and finally decided Correct answer.
  3. the second suit is maintainable because the earlier suit was dismissed and not decreed
  4. the second suit is maintainable because every fresh suit rests on a separate cause of action

Explanation

Section 11 bars a subsequent suit in which the matter directly and substantially in issue was directly and substantially in issue in a former suit between the same parties, litigated under the same title and finally decided by a competent court. A dismissal on merits operates as res judicata no less than a decree in favour of the plaintiff. The rank of the earlier court is immaterial so long as it was competent to try the later suit.

Question 35Civil Law

A debtor writes and signs a letter to his creditor before the limitation period expires, stating: 'I admit that I owe you Rs. 2,00,000 and will pay after the harvest.' On the effect of this letter under Section 18 of the Limitation Act, 1963 -

  1. the acknowledgment must have been made after the limitation period had expired
  2. the acknowledgment is wholly ineffective because it speaks of payment after the harvest
  3. the acknowledgment is effective only if it is registered
  4. a fresh period of limitation runs from the date of the acknowledgment Correct answer.

Explanation

Section 18 provides that an acknowledgment of liability in respect of any property or right, made in writing and signed by the party against whom the claim is made, before the expiry of the prescribed period, gives a fresh period of limitation computed from the date of the acknowledgment. A statement of present liability coupled with a promise to pay later still acknowledges the debt. The provision applies to the period before expiry, not after it.

Question 36Civil Law

A enters into a written agreement to sell land to B, receives the full price, and puts B in possession. The sale deed is never executed. A then transfers the land to C, who takes the transfer with notice of B's contract. B, who has always been ready and willing to perform his part, under Section 53A of the Transfer of Property Act, 1882 -

  1. can compel C to execute a sale deed in his favour
  2. can protect his possession against C, though he does not acquire title to the land Correct answer.
  3. must vacate the land and sue only for refund of the price
  4. has no defence at all because the agreement was not registered

Explanation

Section 53A protects a transferee who has taken possession under a written contract of transfer and has done his part or is ready and willing to do it, against the transferor and persons claiming under him with notice. The right is a shield that defends possession; it does not confer title or a right to compel a sale deed. The section applies even though the contract itself is not registered, provided it is in writing and signed.

Question 37Civil Law

Which of the following contracts may be specifically enforced under the Specific Relief Act, 1963?

  1. a contract whose performance depends on the personal qualifications of the promisor
  2. a contract of personal service
  3. a contract for the sale of a specific immovable property Correct answer.
  4. an agreement to marry

Explanation

A contract for the sale of a specific immovable property is ordinarily enforceable specifically, since the subject matter is definite and damages may not be an adequate remedy. Section 14 excludes contracts of personal service and contracts whose performance depends on the personal qualifications or volition of the parties. Personal agreements of a social nature, such as an agreement to marry, are likewise outside the scope of specific performance.

Question 38Civil Law

A first appeal from a decree is dismissed by the District Judge. The appellant proposes to file a second appeal before the High Court of Jharkhand. Under Section 100 of the Code of Civil Procedure, 1908, the appeal can be admitted only if -

  1. the case involves a substantial question of law Correct answer.
  2. the appellant shows some irregularity in the procedure of the trial court
  3. the first appellate court misappreciated the oral evidence on record
  4. the first appellate court recorded a finding of fact that the appellant disputes

Explanation

Section 100 permits a second appeal only where the case involves a substantial question of law, and the appeal must be admitted on that formulation. Findings of fact, including those based on appreciation of evidence, are ordinarily final at the first appellate stage. A mere procedural irregularity or a disputed finding of fact is not enough to attract the jurisdiction.

Question 39Civil Law

A trial court allows an application for amendment of pleadings. The order neither disposes of the suit nor causes any failure of justice or irreparable injury to the opposite party. In exercise of its revisional jurisdiction under Section 115 of the Code of Civil Procedure, 1908, the High Court -

  1. must transfer the case to another court for trial
  2. cannot interfere with the order, in view of the proviso to Section 115(1) Correct answer.
  3. may set aside the order because every interlocutory order is revisable
  4. may interfere because a second appeal in the case is barred

Explanation

The proviso to Section 115(1) restricts revisional interference by the High Court to cases where the order, if it had been made in favour of the party applying, would have finally disposed of the suit or other proceeding, or where the order would occasion a failure of justice or cause irreparable injury. An interlocutory amendment order that does none of these cannot be revised. The revisional power is supervisory and is not a substitute for appeal.

Question 40Civil Law

A sues B for the recovery of the principal of a loan, omitting the interest that was due on the same cause of action when the suit was filed. A later sues B for that interest. Under Order II Rule 2 of the Code of Civil Procedure, 1908 -

  1. the second suit is barred, as the plaintiff omitted part of the claim arising from the same cause of action Correct answer.
  2. the second suit is maintainable if leave is obtained after the first decree
  3. the second suit is barred only if the first suit was decreed in full
  4. the second suit is maintainable because interest is a distinct relief

Explanation

Order II Rule 2 requires a plaintiff to include the whole of his claim arising from the same cause of action, and bars a subsequent suit for any portion omitted, unless it was relinquished with the court's leave or the plaintiff was unaware of it. Interest due on the same loan forms part of the same claim. The bar operates because of the omission, not because of the outcome of the first suit.

Question 41Civil Law

The State of Jharkhand is proposed to be sued in a civil court over an act purporting to be done by a public officer in his official capacity. Under Section 80 of the Code of Civil Procedure, 1908, the suit can be instituted only after -

  1. service of a written notice on the public officer at least fifteen days before the suit
  2. service of a written notice on the State Government at least two months before the suit Correct answer.
  3. obtaining the leave of the High Court under its extraordinary original jurisdiction
  4. obtaining the previous sanction of the Advocate-General for the State before the suit

Explanation

Section 80 CPC requires a prior written notice to the Government, and no suit against the Government or a public officer in respect of an official act can be instituted until two months have elapsed after delivery of the notice. The notice must satisfy the statutory requirements and is a condition precedent to the suit.

Question 42Civil Law

A agrees to sell a specific cargo of rice lying in a godown to B, but before delivery an unforeseen flood destroys the entire cargo without the fault of either party. Under the Indian Contract Act, 1872, the contract is -

  1. voidable at the option of B, who may claim damages
  2. void, because performance has become impossible by an event beyond the parties' control Correct answer.
  3. illegal, because the subject matter has ceased to exist
  4. enforceable, because A must compensate B for the loss of the cargo

Explanation

Section 56 of the Indian Contract Act, 1872 makes a contract void when performance becomes impossible by an unforeseen event beyond the control of the promisor. Destruction of the specific subject matter without fault of either party discharges both parties.

Question 43Civil Law

In a civil proceeding, a statement made by a person who has died is tendered to prove the cause of his death. Under Section 32 of the Indian Evidence Act, 1872, such a statement is -

  1. relevant, although it is a statement of a person who is dead Correct answer.
  2. admissible only if it was recorded by a magistrate in the presence of the accused
  3. inadmissible because it is hearsay and the maker cannot be cross-examined
  4. admissible only after the statement is proved by two attesting witnesses

Explanation

Section 32(1) of the Indian Evidence Act, 1872 makes a statement of a deceased person relevant if it relates to the cause of his death or to any circumstance of the transaction resulting in his death. Such a statement is not excluded merely because the maker cannot be cross-examined in a civil proceeding.

Question 44Civil Law

A defendant in a suit pending before a civil court in Jharkhand shows that the same matter in issue is directly and substantially in issue in a previously instituted suit between the same parties before another competent court. Under Section 10 of the Code of Civil Procedure, 1908, the subsequent court -

  1. may transfer the subsequent suit to the court trying the earlier suit
  2. shall dismiss the subsequent suit as barred by res judicata
  3. shall stay the subsequent suit until the earlier suit is disposed of Correct answer.
  4. shall proceed with the subsequent suit and decide the issue independently

Explanation

Section 10 CPC deals with res sub judice, not res judicata. Where the matter in issue in a subsequent suit is directly and substantially in issue in a previously instituted suit between the same parties, the subsequent court shall stay the suit until the earlier suit is disposed of.

Question 45Civil Law

A plaint filed in a civil court in Jharkhand shows on its own averments that the suit is barred by the law of limitation. Under Order VII Rule 11 of the Code of Civil Procedure, 1908, the court -

  1. shall stay the suit and refer the question to the High Court
  2. shall return the plaint for presentation to the proper court
  3. shall dismiss the suit after recording evidence on limitation
  4. shall reject the plaint Correct answer.

Explanation

Order VII Rule 11(d) CPC requires rejection of a plaint where the suit appears from the statement in the plaint itself to be barred by any law, including limitation. Rejection, not dismissal after trial, is the prescribed course.

Question 46Civil Law

A contract is entered into for the construction of a road and the promisee seeks a decree requiring the promisor personally to perform it. Under Section 14 of the Specific Relief Act, 1963, specific performance of this contract is -

  1. not available, because the court cannot supervise its continuous performance Correct answer.
  2. available, because the contract is lawful, supported by consideration and free from fraud
  3. not available, because only contracts in writing may be specifically enforced by a civil court
  4. available, because damages would be an inadequate remedy for the promisee in the circumstances

Explanation

Section 14 of the Specific Relief Act, 1963 lists contracts that cannot be specifically enforced, including a contract which involves performance of a continuous duty that the court cannot supervise. A road construction contract ordinarily falls within this exclusion.

Question 47Civil Law

A sells a house worth rupees ten lakh to B by an oral agreement and puts B in possession, but no registered sale deed is executed. Under Section 54 of the Transfer of Property Act, 1882, the transfer of ownership -

  1. is complete, because delivery of possession has been given and accepted by the buyer
  2. is not complete, because every sale of immovable property requires a decree of a civil court
  3. is complete, because the price has been paid and accepted by the seller
  4. is not complete, because a registered instrument is required by law Correct answer.

Explanation

Under Section 54 of the Transfer of Property Act, 1882, a sale of tangible immovable property of a value of one hundred rupees and upwards can be made only by a registered instrument. Oral sale and delivery of possession do not transfer ownership in such a case.

Question 48Civil Law

A Hindu coparcener governed by the Mitakshara law dies intestate in 2010 leaving a son and a daughter. Under Section 6 of the Hindu Succession Act, 1956 as amended in 2005, the daughter -

  1. is a coparcener by birth in the coparcenary property like the son Correct answer.
  2. takes only a share in the deceased father's separate property and not in the coparcenary property
  3. takes nothing because the son alone inherits the coparcenary interest
  4. takes a share only if the coparcenary property is partitioned by a decree of court

Explanation

After the 2005 amendment, Section 6 of the Hindu Succession Act, 1956 makes a daughter a coparcener by birth in her own right in the same manner as a son. This applies to coparcenary property governed by Mitakshara law, and the old exclusion of daughters is no longer the rule.

Question 49Civil Law

A person possesses immovable property openly, continuously and as of right for more than twelve years without any title, and the true owner fails to sue for possession within the period prescribed by the Limitation Act, 1963. The consequence is that -

  1. the true owner's title is extinguished and the possessor's title becomes complete Correct answer.
  2. the property vests in the State Government as escheat
  3. the true owner's title remains intact but the possessor can never be evicted
  4. the possessor becomes a mortgagee of the property by operation of law

Explanation

Under Article 65 of the Limitation Act, 1963, a suit for possession of immovable property based on title must be filed within twelve years from the date the possession becomes adverse. On expiry of that period, the true owner's title is extinguished and the adverse possessor's title becomes complete.

Question 50Civil Law

In a murder investigation, the police recover a weapon in consequence of information given by the accused while in custody. Under Section 27 of the Indian Evidence Act, 1872, the information is admissible -

  1. in full, because every statement made by an accused person in police custody is a confession
  2. not at all, because statements made to a police officer while in custody are completely barred
  3. only if the accused repeats the information before a magistrate and signs it
  4. only so far as it distinctly relates to the fact discovered Correct answer.

Explanation

Section 27 of the Indian Evidence Act, 1872 makes so much of the information given by an accused in police custody admissible as distinctly relates to a fact thereby discovered. It does not make the entire statement admissible as a confession.