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Karnataka Civil Judge Exam study materials
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Karnataka Civil Judge Exam practice questions

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Question 1Civil Law and Civil Procedure

Under the Code of Civil Procedure, 1908, a plaint shall be rejected if the relief claimed is undervalued and the plaintiff fails to correct the valuation within the time fixed by the court. Which provision empowers the court to reject a plaint on this ground?

  1. Order IX Rule 13
  2. Order XXII Rule 9
  3. Order VII Rule 11 Correct answer.
  4. Order VI Rule 17

Explanation

Order VII Rule 11 CPC lists the grounds on which a plaint may be rejected, including where the relief claimed is undervalued and the plaintiff fails to comply with the court's direction to correct the valuation within the time fixed. Order VI Rule 17 deals with amendment of pleadings, not rejection.

Question 2Civil Law and Civil Procedure

A suit is filed against a minor defendant. Who must be appointed to represent the minor in the suit under the Code of Civil Procedure, 1908?

  1. A guardian ad litem appointed by the court Correct answer.
  2. The plaintiff's advocate
  3. The minor's natural guardian without any order
  4. The nearest blood relative automatically

Explanation

Order XXXII CPC requires the court to appoint a proper person as guardian ad litem to represent a minor party, after considering the minor's interest. The natural guardian may be proposed, but the court must formally appoint the guardian for the suit.

Question 3Civil Law and Civil Procedure

Which of the following documents is not required to be annexed to the plaint under Order VII Rule 14 of the Code of Civil Procedure, 1908?

  1. Copies of documents to be relied upon by the plaintiff
  2. Documents on which the plaintiff sues
  3. Documents on which the plaintiff relies in support of the claim
  4. The plaintiff's income tax returns for the past three years Correct answer.

Explanation

Order VII Rule 14 requires the plaintiff to produce, with the plaint, the documents on which the suit is founded and those on which the plaintiff relies in support of the claim, along with copies. Income tax returns are not a mandatory annexure under that rule.

Question 4Civil Law and Civil Procedure

A defendant wishes to raise a claim that the suit is barred by limitation. At what stage must such a plea ordinarily be taken under the Code of Civil Procedure, 1908?

  1. In the written statement as a preliminary objection Correct answer.
  2. Only after the evidence is recorded
  3. At the stage of final arguments
  4. By a separate application after the first hearing

Explanation

A plea of limitation is a preliminary objection that affects the maintainability of the suit and should be raised in the written statement. Order VIII requires the defendant to raise all preliminary objections in the written statement, and delay may lead to exclusion of the defence.

Question 5Civil Law and Civil Procedure

Under the Code of Civil Procedure, 1908, a court may issue a commission for the examination of a witness in which of the following situations?

  1. When the witness is exempt from attending court under the Code Correct answer.
  2. When the witness is a party to the suit
  3. When the witness has already been examined in chief
  4. When the witness resides within the local limits of the court

Explanation

Section 75 read with Order XXVI CPC permits a commission where the witness is exempt from attending court, is unable to attend, or resides beyond the court's limits. A party to the suit is not examined on commission in the ordinary course.

Question 6Civil Law and Civil Procedure

A decree is passed by a court that lacks territorial jurisdiction over the subject matter. What is the legal effect of such a decree?

  1. It is a nullity and can be challenged at any stage Correct answer.
  2. It becomes valid if no objection is raised within 30 days
  3. It is valid if the defendant appeared and contested
  4. It is valid unless set aside in appeal

Explanation

A decree passed by a court lacking territorial jurisdiction is a nullity and can be challenged at any stage, including in execution. Unlike pecuniary jurisdiction, territorial jurisdiction is a fundamental defect that renders the decree void.

Question 7Civil Law and Civil Procedure

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

  1. 60 days from the date of the decree
  2. 30 days from the date of the decree
  3. 90 days from the date of the decree Correct answer.
  4. 120 days from the date of the decree

Explanation

Article 116 of the Limitation Act, 1963 prescribes 90 days for an appeal to the High Court from a decree or order of a subordinate court. Appeals to a court other than the High Court carry a shorter period under Article 116.

Question 8Civil Law and Civil Procedure

Which of the following is a condition precedent for the exercise of the court's power to order a temporary injunction under Order XXXIX Rule 1 of the Code of Civil Procedure, 1908?

  1. The suit has been pending for more than one year
  2. The property in dispute is in danger of being wasted or alienated Correct answer.
  3. The plaintiff has already obtained a final decree
  4. The defendant has admitted the plaintiff's claim

Explanation

Order XXXIX Rule 1 permits a temporary injunction where the property in dispute is in danger of being wasted, damaged, or alienated, or where the defendant threatens to remove or dispose of property to defraud creditors. The remedy is interim and does not depend on a final decree or admission.

Question 9Civil Law and Civil Procedure

Under the Code of Civil Procedure, 1908, a court may order attachment before judgment of the defendant's property when the defendant fails to furnish security. Which provision governs this power?

  1. Order XL Rule 1
  2. Order XLI Rule 5
  3. Order XXXVIII Rule 5 Correct answer.
  4. Order XXXIX Rule 2

Explanation

Order XXXVIII Rule 5 CPC empowers the court to order attachment before judgment where the defendant, with intent to obstruct or delay execution, is about to dispose of the whole or part of his property and fails to furnish security. The other provisions deal with injunctions, receivers, and stay of execution respectively.

Question 10Civil Law and Civil Procedure

A plaintiff files a suit for declaration of title and recovery of possession. During the pendency of the suit, the plaintiff transfers the suit property to a third party. What is the effect on the suit under the Code of Civil Procedure, 1908?

  1. The suit becomes infructuous and must be dismissed
  2. The suit abates automatically
  3. The suit does not abate; the transferee may be substituted with leave of the court Correct answer.
  4. The plaint must be rejected

Explanation

Order XXII Rule 10 CPC provides that where an interest in the suit property is transferred during pendency, the suit does not abate, and the transferee may apply to be joined as a party. The court has discretion to grant or refuse substitution.

Question 11Civil Law and Civil Procedure

Under Section 11 of the Code of Civil Procedure, 1908, a finding on an issue of law in a former suit operates as res judicata in a subsequent suit. Which condition must be satisfied for this rule to apply?

  1. The issue must have been raised by the defendant alone
  2. The issue must have been decided by the same judge who hears the subsequent suit
  3. The issue must have been decided in a suit between the same parties only
  4. The issue must have been decided by a court competent to decide it and the decision must be final Correct answer.

Explanation

Section 11 CPC makes a finding on an issue of law res judicata in a subsequent suit if the issue relates to jurisdiction or to a matter that was directly and substantially in issue and was decided by a competent court. The decision must be final, and the parties or their representatives must be the same.

Question 12Civil Law and Civil Procedure

A court passes an order allowing amendment of the plaint after the trial has commenced. Which of the following is the correct statement regarding the amendment of pleadings under Order VI Rule 17 of the Code of Civil Procedure, 1908?

  1. The court may allow amendment if it is necessary to determine the real question in controversy and no prejudice is caused Correct answer.
  2. Amendment is allowed as of right at any stage
  3. Amendment is barred once the defendant has filed the written statement
  4. Amendment can only be allowed before the first hearing

Explanation

Order VI Rule 17 permits amendment of pleadings at any stage if it is necessary for determining the real question in controversy, subject to the court's discretion and the condition that no injustice is caused to the other side. The proviso restricts amendments after trial has commenced unless the court is satisfied that the amendment is necessary.

Question 13Civil Law and Civil Procedure

Under the Code of Civil Procedure, 1908, an ex parte decree may be set aside on which of the following grounds?

  1. The defendant disagrees with the merits of the decree
  2. The decree was passed after the expiry of one year
  3. The plaintiff failed to produce all documents
  4. The defendant was prevented by sufficient cause from appearing when the suit was heard Correct answer.

Explanation

Order IX Rule 13 CPC permits the court to set aside an ex parte decree where the defendant satisfies the court that he was prevented by sufficient cause from appearing when the suit was called for hearing. The application must be made within 30 days of the decree, unless limitation is extended.

Question 14Civil Law and Civil Procedure

A plaint is returned under Order VII Rule 10 of the Code of Civil Procedure, 1908 for presentation to the proper court. What is the effect of such return on the limitation period for the suit?

  1. The limitation period is extended by one year
  2. The limitation period continues to run without any exclusion
  3. The plaintiff is entitled to exclusion of the time during which the suit was pending in the wrong court Correct answer.
  4. The suit is deemed to have been filed only on the date of re-presentation

Explanation

Section 14 of the Limitation Act, 1963, read with Order VII Rule 10 CPC, allows exclusion of the time during which the suit was prosecuted 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 time-barred on re-presentation.

Question 15Civil Law and Civil Procedure

Under Section 151 of the Code of Civil Procedure, 1908, the court may exercise its inherent powers. Which of the following best describes the scope of this power?

  1. The court may pass orders to meet the ends of justice or to prevent abuse of process in matters not covered by the Code Correct answer.
  2. The court may create new remedies not recognised by law
  3. The court may exercise this power only in appeals
  4. The court may override express provisions of the Code

Explanation

Section 151 CPC preserves the court's inherent power to make such orders as may be necessary for the ends of justice or to prevent abuse of process. The power is supplementary and cannot be used to contravene express provisions of the Code.

Question 16Civil Law and Civil Procedure

A defendant files a counterclaim in a suit. Under Order VIII Rule 6A of the Code of Civil Procedure, 1908, which statement is correct regarding the counterclaim?

  1. The counterclaim is treated as a plaint and the plaintiff must file a written statement to it Correct answer.
  2. The counterclaim must be confined to the same cause of action as the suit
  3. The counterclaim is automatically dismissed if the plaintiff does not respond
  4. The counterclaim can only be filed with the leave of the court after the written statement

Explanation

Order VIII Rule 6A CPC permits a defendant to set up a counterclaim against the plaintiff, and the counterclaim is treated as a plaint for procedural purposes. The plaintiff is entitled to file a written statement in response to the counterclaim.

Question 17Civil Law and Civil Procedure

Under the Code of Civil Procedure, 1908, which court has jurisdiction to execute a decree passed by a court in another state?

  1. The court which passed the decree or the court where the judgment-debtor resides or has property Correct answer.
  2. Only the High Court of the state where the decree was passed
  3. The court where the decree-holder resides
  4. Only the court which passed the decree

Explanation

Section 38 read with Section 39 CPC provides that a decree may be executed by the court which passed it or by the court to which it is sent for execution, including the court where the judgment-debtor resides or holds property. The transferee court executes the decree as if it had been passed by it.

Question 18Civil Law and Civil Procedure

A party to a suit seeks review of a judgment on the ground of discovery of new and important matter or evidence which, after the exercise of due diligence, was not within his knowledge. Which provision governs this?

  1. Order XXXIX Rule 4
  2. Order XLVII Rule 1 Correct answer.
  3. Order XLIII Rule 1
  4. Order XLI Rule 1

Explanation

Order XLVII Rule 1 CPC permits review where there is discovery of new and important matter or evidence which, after due diligence, was not within the applicant's knowledge, or where there is a mistake or error apparent on the face of the record. The other provisions deal with appeals, stay, and discharge of injunctions.

Question 19Civil Law and Civil Procedure

Under Section 100 of the Code of Civil Procedure, 1908, a second appeal lies to the High Court. Which of the following is a ground on which a second appeal may be admitted?

  1. The first appellate court took a different view of the evidence
  2. The appellant is dissatisfied with the findings of fact
  3. The case involves a substantial question of law Correct answer.
  4. The appellant has new evidence to produce

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. Findings of fact are generally final and cannot be reopened in second appeal.

Question 20Civil Law and Civil Procedure

A court is considering an application for appointment of a receiver under Order XL of the Code of Civil Procedure, 1908. Which factor is most relevant to the exercise of this discretion?

  1. Whether the suit has been pending for more than six months
  2. Whether the property is in danger of being wasted or misappropriated and the appointment is just and convenient Correct answer.
  3. Whether the opposite party has admitted the claim
  4. Whether the applicant has paid the requisite court fee

Explanation

Order XL Rule 1 CPC allows the court to appoint a receiver where it appears just and convenient to do so, typically to preserve property in dispute that is in danger of being wasted or misappropriated. The remedy is discretionary and protective in nature.

Question 21Civil Law and Civil Procedure

Under the Code of Civil Procedure, 1908, a suit may be instituted in a court of the lowest grade competent to try it. This principle is contained in which provision?

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

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 that can be decided by subordinate courts. Sections 9, 16, and 20 deal with jurisdiction generally, suits relating to immovable property, and place of suing respectively.

Question 22Civil Law and Civil Procedure

A decree-holder applies for execution of a money decree. The judgment-debtor objects that the decree is a nullity because the court which passed it lacked pecuniary jurisdiction. Which statement is correct?

  1. The objection can be raised only if the judgment-debtor has paid the decretal amount
  2. The objection can be raised at any time before the decree is satisfied
  3. The objection cannot be raised in execution because it should have been raised in the suit or appeal
  4. The objection can be raised in execution because a decree without pecuniary jurisdiction is a nullity Correct answer.

Explanation

A decree passed by a court lacking pecuniary jurisdiction is a nullity and can be challenged in execution, unlike a mere irregularity. The executing court can examine whether the decree is a nullity, although it cannot go behind the decree on merits.

Question 23Civil Law and Civil Procedure

Under Section 89 of the Code of Civil Procedure, 1908, the court may refer a dispute to alternative dispute resolution. Which of the following is a condition for such reference?

  1. The parties must agree to the reference and the court must be satisfied that there exists an element of settlement Correct answer.
  2. The reference can be made only after the evidence is recorded
  3. The reference can be made even if the parties object
  4. The reference is mandatory in all suits

Explanation

Section 89 CPC permits the court to refer a dispute to arbitration, conciliation, or mediation where it appears that there exists an element of settlement, and the parties must be willing to resolve the dispute through such a mechanism. The reference is not mandatory and cannot be forced on unwilling parties.

Question 24Civil Law and Civil Procedure

A plaintiff obtains a temporary injunction against the defendant. The defendant later succeeds in showing that the injunction was obtained on a misstatement of facts. What is the appropriate remedy available to the defendant under Order XXXIX Rule 4 of the Code of Civil Procedure, 1908?

  1. Apply for review under Order XLVII
  2. File a separate suit for damages without seeking modification
  3. File an appeal under Section 96
  4. Apply for discharge, variation, or setting aside of the injunction order Correct answer.

Explanation

Order XXXIX Rule 4 CPC allows a party aggrieved by an injunction order to apply to the court for discharge, variation, or setting aside of the order, particularly where it was obtained on misrepresentation or changed circumstances. This is a direct remedy before the same court.

Question 25Civil Law and Civil Procedure

Under the Code of Civil Procedure, 1908, a court may order a witness to produce a document. Which provision deals with the consequences of non-compliance with such an order?

  1. Order XVI Rule 12 Correct answer.
  2. Order XIII Rule 1
  3. Order XVI Rule 1
  4. Order XVIII Rule 1

Explanation

Order XVI Rule 12 CPC provides for the consequences of a witness failing to comply with a summons or an order to produce documents, including attachment of property and imposition of costs. Order XVI Rule 1 deals with summoning witnesses, and Orders XIII and XVIII deal with documentary evidence and hearing of the suit respectively.

Question 26Civil Law and Civil Procedure

Under the Indian Contract Act, 1872, a proposal is accepted by a letter posted by the offeree. When does the communication of acceptance become complete as against the proposer?

  1. When the letter reaches the proposer
  2. When the offeree receives intimation that the proposer has received the letter
  3. When the proposer reads the letter
  4. When the letter is posted by the offeree Correct answer.

Explanation

Section 4 of the Indian Contract Act, 1872 provides that the communication of an acceptance is complete as against the proposer when it is put in a course of transmission to him, so as to be out of the power of the acceptor. Posting the letter therefore completes acceptance against the proposer, though it completes against the acceptor only when it comes to the acceptor's knowledge.

Question 27Civil Law and Civil Procedure

A contract for the sale of a specific quantity of goods is silent on the place of delivery. Under the Sale of Goods Act, 1930, where must the goods be delivered?

  1. At the place where the goods are lying at the time of the contract Correct answer.
  2. At the office of the Registrar of the district
  3. At the buyer's place of business
  4. At any place chosen by the seller

Explanation

Section 36 of the Sale of Goods Act, 1930 provides that where no place for delivery is fixed by the contract, the goods must be delivered at the place where they are at the time of the contract. If the goods are not then in existence, delivery is at the place where they are manufactured or produced.

Question 28Civil Law and Civil Procedure

A Hindu male dies intestate leaving his widow, a widowed mother, and two sons. Under the Hindu Succession Act, 1956, which of the following statements about the devolution of his separate property is correct?

  1. The property devolves upon the sons alone as coparceners
  2. The widow takes the entire estate to the exclusion of the sons
  3. The mother takes an equal share with the widow and each son
  4. The widow, the mother and the two sons each take one share, the sons taking one share each Correct answer.

Explanation

Under Section 8 read with the Schedule of the Hindu Succession Act, 1956, the heirs in Class I include the widow, the mother and the sons. All Class I heirs take simultaneously, each son taking one share, so the widow, mother and each son take a share. The mother is a Class I heir and is not excluded by the presence of sons.

Question 29Civil Law and Civil Procedure

A registered instrument of gift of immovable property is challenged for want of acceptance by the donee. Under the Transfer of Property Act, 1882, when is a gift of immovable property complete?

  1. On payment of consideration by the donee
  2. On delivery of possession of the property to the donee
  3. On execution of the instrument alone, registration being optional
  4. On execution and registration of the instrument, provided acceptance is established Correct answer.

Explanation

Section 123 of the Transfer of Property Act, 1882 provides that a gift of immovable property must be effected by a registered instrument signed by the donor and attested by at least two witnesses. Section 122 requires acceptance by the donee, so the gift is complete when the registered instrument is executed and acceptance is established.

Question 30Civil Law and Civil Procedure

A lessee holds over after the expiry of the lease and the lessor accepts rent from him. What is the nature of the tenancy so created under the Transfer of Property Act, 1882?

  1. A tenancy at sufferance terminable at any moment
  2. A monthly tenancy terminable by fifteen days' notice
  3. A tenancy at will Correct answer.
  4. A tenancy from year to year

Explanation

Section 116 of the Transfer of Property Act, 1882 provides that if a lessee remains in possession after determination of the lease and the lessor accepts rent, the lease is renewed from year to year or month to month according to the purpose for which the property was leased. The tenancy created is a tenancy at will in the sense of a renewed periodic tenancy terminable by notice to quit.

Question 31Civil Law and Civil Procedure

In a suit for partition of Hindu joint family property, a daughter claims a share. Under the Hindu Succession (Amendment) Act, 2005, which statement is correct?

  1. A daughter becomes a coparcener only after her father's death
  2. A daughter is entitled only to maintenance and marriage expenses
  3. A daughter can never be a coparcener in a Hindu joint family
  4. A daughter is a coparcener by birth in the same manner as a son, but the amendment applies only to daughters alive on the date of commencement Correct answer.

Explanation

The Hindu Succession (Amendment) Act, 2005 inserted Section 6 conferring coparcenary status on daughters by birth in the same manner as sons. The proviso saves dispositions, alienations, partitions and testamentary transfers made before 20 December 2004, and the amended section applies to daughters living on the date of commencement.

Question 32Civil Law and Civil Procedure

A person who is of unsound mind occasionally and is incapable of understanding a contract seeks to avoid it. Under Section 12 of the Indian Contract Act, 1872, which statement is correct?

  1. Any person of unsound mind can never enter into a valid contract
  2. A person of unsound mind is liable on the contract if the other party acted in good faith
  3. A person who is usually of unsound mind but occasionally of sound mind may make a contract when of sound mind Correct answer.
  4. Unsoundness of mind is irrelevant to the validity of a contract

Explanation

Section 12 of the Indian Contract Act, 1872 provides that a person is of sound mind for contracting purposes if, at the time of contracting, he is capable of understanding the contract and forming a rational judgment as to its effect on his interests. A person usually of unsound mind may contract during a lucid interval.

Question 33Civil Law and Civil Procedure

A plaintiff sues for damages for breach of contract. The defendant pleads that the plaintiff is not entitled because the plaintiff himself failed to perform his part. Under the Specific Relief Act, 1963, which maxim governs the grant of specific performance to such a plaintiff?

  1. He who seeks equity must do equity Correct answer.
  2. Ignorantia juris non excusat
  3. Volenti non fit injuria
  4. Res ipsa loquitur

Explanation

Section 16 of the Specific Relief Act, 1963 requires a person seeking specific performance to show that he has performed or is ready and willing to perform the essential terms of the contract. The equitable maxim that he who seeks equity must do equity underlies this requirement, so a plaintiff in default cannot obtain the discretionary relief.

Question 34Civil Law and Civil Procedure

Under the Negotiable Instruments Act, 1881, a cheque is presented for payment more than six months after the date it bears. What is the position?

  1. The cheque is valid for three months only
  2. The cheque is valid indefinitely unless the drawer dies
  3. A cheque is valid for six months from the date it bears, after which it is stale and the bank may refuse payment Correct answer.
  4. The cheque is valid until the account is closed

Explanation

Under the Negotiable Instruments Act, 1881 read with Reserve Bank of India directions, a cheque is valid for presentation within six months from the date it bears unless the drawer specifies a shorter period. A cheque presented after that period is stale and the paying bank may rightly dishonour it.

Question 35Civil Law and Civil Procedure

A borrower executes a mortgage by deposit of title deeds in favour of a bank at a place where the Transfer of Property Act, 1882 has been notified. Which statement about this mortgage is correct?

  1. It requires registration because it is a mortgage of immovable property
  2. It operates only as a charge and not as a mortgage
  3. It is invalid unless a written memorandum is registered
  4. It is valid without registration, though a written memorandum, if any, may require registration Correct answer.

Explanation

Section 58(f) of the Transfer of Property Act, 1882 recognises a mortgage by deposit of title deeds in specified towns. Section 59 exempts such a mortgage from the requirement of a registered instrument, so it is valid without registration; however, a memorandum of deposit, if reduced to writing, may attract registration requirements.

Question 36Civil Law and Civil Procedure

Under the Indian Evidence Act, 1872, a confession made by an accused to a police officer while in police custody is generally inadmissible. Which provision makes such a confession admissible to the limited extent it leads to the discovery of a fact?

  1. Section 30
  2. Section 25
  3. Section 26
  4. Section 27 Correct answer.

Explanation

Section 27 of the Indian Evidence Act, 1872 provides that so much of the information given by an accused in custody as relates distinctly to the fact thereby discovered may be proved. It is an exception to Sections 25 and 26, which bar confessions to police officers and confessions in police custody.

Question 37Civil Law and Civil Procedure

In a civil trial, a party wishes to prove the contents of a document that is in the possession of the opposite party, who has refused to produce it despite notice. Under the Indian Evidence Act, 1872, which course is available?

  1. Secondary evidence of the contents may be given after notice and refusal Correct answer.
  2. Only the original can be proved and the suit must be dismissed
  3. The court must draw an adverse inference and decree the suit without evidence
  4. The document cannot be proved at all

Explanation

Section 65 of the Indian Evidence Act, 1872 permits secondary evidence to be given where the original is in the possession of a person whom the party has served notice to produce and who fails to produce it. Section 66 requires the notice to be proved before secondary evidence is admitted.

Question 38Civil Law and Civil Procedure

Under the Indian Evidence Act, 1872, which of the following statements about the doctrine of estoppel is correct?

  1. Estoppel applies to a representation of law only
  2. Estoppel can be invoked against the Government in all matters
  3. Estoppel creates a cause of action in favour of the representee
  4. Estoppel binds the party who made the representation and those claiming under him, and cannot be used to defeat a statute Correct answer.

Explanation

Section 115 of the Indian Evidence Act, 1872 provides that a person who by declaration, act or omission intentionally causes another to believe a thing to be true and to act upon that belief cannot afterwards deny the truth of that thing. Estoppel operates as a rule of evidence between the parties and their privies and cannot override a statutory provision.

Question 39Civil Law and Civil Procedure

A suit is filed against a minor without a guardian ad litem being appointed. What is the consequence under the Code of Civil Procedure, 1908?

  1. The court must transfer the suit to the guardianship court
  2. The decree is a nullity and the suit is liable to be dismissed unless the defect is cured Correct answer.
  3. The suit is valid and the minor is bound by the decree
  4. The defect is cured automatically on the minor attaining majority

Explanation

Order XXXII of the Code of Civil Procedure, 1908 requires a minor defendant to be represented by a guardian ad litem appointed by the court. A decree passed without such appointment is a nullity and cannot bind the minor, though the defect may be cured by appointment before judgment.

Question 40Civil Law and Civil Procedure

Under the Code of Civil Procedure, 1908, a plaint is rejected under Order VII Rule 11. Which of the following is the correct legal position regarding the remedy?

  1. The order is a decree and only a review lies
  2. No appeal lies from an order rejecting a plaint
  3. An appeal lies from the order rejecting the plaint, and the appellate court may reverse it Correct answer.
  4. The plaintiff must file a fresh suit in every case without any appeal

Explanation

An order rejecting a plaint under Order VII Rule 11 is a decree within the meaning of Section 2(2) of the Code, since it conclusively determines the rights of the parties so far as the suit is concerned. An appeal therefore lies from it, and the appellate court may set aside the rejection.

Question 41Civil Law and Civil Procedure

Under the Code of Civil Procedure, 1908, a party aggrieved by an order refusing to set aside an ex parte decree wishes to challenge it. Which remedy is available?

  1. A revision under Section 115 only
  2. A writ petition only
  3. An appeal under Section 96 of the Code Correct answer.
  4. A review under Section 114 only

Explanation

An order refusing to set aside an ex parte decree is appealable under Section 104 read with Order XLIII Rule 1(d), and the appeal is treated as an appeal from the original decree under Section 96. The aggrieved party may also prefer an appeal against the ex parte decree itself.

Question 42Civil Law and Civil Procedure

Under the Code of Civil Procedure, 1908, a court has jurisdiction to try a suit. During the trial, it is discovered that the suit is undervalued for the purposes of court fees. What is the proper course?

  1. The court must stay the suit indefinitely
  2. The court must return the plaint to the plaintiff for presentation to the proper court
  3. The court may require the plaintiff to correct the valuation and pay the deficit court fee, and may dismiss the suit if he fails Correct answer.
  4. The court must dismiss the suit for want of jurisdiction

Explanation

Order VII Rule 11(b) of the Code of Civil Procedure, 1908 allows rejection of the plaint where the relief claimed is undervalued and the plaintiff fails to correct the valuation within the time fixed by the court. The court may also require payment of the deficit court fee under the Court-fees Act before proceeding further.

Question 43Civil Law and Civil Procedure

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

  1. It operates only as an admission and not as a decree
  2. It is a mere contract enforceable by a separate suit
  3. It has the force of a decree and is executable, and it is not appealable except on the ground that the compromise was not lawful Correct answer.
  4. It can be set aside by the executing court at any time

Explanation

Order XXIII Rule 3 of the Code of Civil Procedure, 1908 provides that a compromise recorded by the court is reduced into a decree, which is final and executable. An appeal lies only on the limited ground that the compromise was not lawful, as provided by Rule 3A.

Question 44Civil Law and Civil Procedure

A suit is instituted in a court which has pecuniary jurisdiction. The defendant objects that the court lacks territorial jurisdiction but does not raise the objection at the earliest opportunity. Under the Code of Civil Procedure, 1908, what is the consequence?

  1. The objection can be raised only in a second appeal
  2. The court must transfer the suit to the High Court
  3. The objection can be raised at any stage, including execution
  4. The objection is waived and the court may proceed, save where the want of jurisdiction goes to the subject matter Correct answer.

Explanation

Section 21 of the Code of Civil Procedure, 1908 provides that an objection to territorial jurisdiction must be raised at the earliest possible opportunity and, in any event, in the court of first instance. If not so raised, it is waived, except where the objection concerns the subject matter of the suit.

Question 45Criminal Law and Criminal Procedure

Under the Bharatiya Nyaya Sanhita, 2023, the general exception of mistake of fact applies to a person who, in good faith, believes a fact to be true that, if true, would make the act lawful. Which additional requirement must that mistaken belief satisfy?

  1. The belief must relate only to a point of law, not of fact
  2. The belief must be founded on reasonable grounds and held in good faith Correct answer.
  3. The belief must be shared by at least one other person present
  4. The belief must be approved in writing by a magistrate

Explanation

The mistake-of-fact exception protects an accused who acts under a bona fide belief, held in good faith and on reasonable grounds, that facts exist which would make the act lawful. A mistake of law does not ordinarily excuse, because everyone is presumed to know the law. The defence also fails where the belief is careless or unreasonable.

Question 46Criminal Law and Criminal Procedure

A person who commits theft of a mobile phone worth Rs. 8,000 and, while being chased, uses criminal force against the person who tries to recover it commits which offence?

  1. Extortion
  2. Robbery Correct answer.
  3. Cheating
  4. Mischief

Explanation

Theft becomes robbery when the offender, in order to commit the theft or while committing it, voluntarily causes or attempts to cause hurt, or wrongfully restrains or uses criminal force against any person. Use of criminal force during the chase to retain the stolen phone therefore converts the theft into robbery. Extortion requires delivery of property by putting a person in fear.

Question 47Criminal Law and Criminal Procedure

In a trial for murder before a Court of Session, the accused wants to examine a witness who was not cited in the charge sheet but whose name appears in the case diary. What course is open to the court?

  1. It must refuse, because the prosecution alone may cite witnesses
  2. It may permit examination only if the defence files a civil suit first
  3. It may summon the witness under the power to summon any person as a witness or examine any person present Correct answer.
  4. It may allow the witness to be examined only by the public prosecutor

Explanation

Criminal courts have a statutory power to summon any person as a witness, or to examine any person in attendance, whose evidence is considered necessary for a just decision. This power is independent of the witness list filed by the prosecution. It is exercised judicially and cannot be used to fill gaps in a partisan manner.

Question 48Criminal Law and Criminal Procedure

A police officer, during investigation of a cognizable offence, records a statement of a witness, who later dies before trial. The prosecution wishes to rely on that statement. What is the legal position?

  1. The statement may be used as substantive evidence because the witness has died
  2. The statement may be used only to contradict or corroborate the witness under the Evidence Act, and cannot be substantive evidence Correct answer.
  3. The statement is admissible if the investigating officer certifies its truth
  4. The statement becomes admissible automatically once it is signed by the witness

Explanation

Statements made to a police officer during investigation are not substantive evidence. They may be used by the accused to contradict a witness under the Evidence Act, and by the prosecution only in the limited manner permitted, subject to the statutory prohibition. Death of the witness does not convert such a statement into substantive evidence.

Question 49Criminal Law and Criminal Procedure

A person is arrested without a warrant in a cognizable offence. Under the Constitution and the Code of Criminal Procedure, he must be produced before the nearest magistrate within what time, and what is the consequence of failure?

  1. Within twenty-four hours excluding journey time, failing which the detention becomes illegal and entitles him to release Correct answer.
  2. Within twelve hours excluding journey time, failing which bail is automatic
  3. Within seventy-two hours including journey time, failing which the officer is transferred
  4. Within forty-eight hours including journey time, failing which the case is dismissed

Explanation

Article 22(2) of the Constitution and the corresponding provision of the Code require production before the nearest magistrate within twenty-four hours of arrest, excluding the time necessary for the journey. Detention beyond that period without a magistrate's order is illegal and entitles the person to be released. The safeguard is part of the fundamental right against arbitrary detention.

Question 50Criminal Law and Criminal Procedure

In a prosecution for dacoity, the prosecution relies on the confession of one co-accused implicating the others. How may the court use that confession?

  1. It may use it only if the maker is examined as a prosecution witness
  2. It may convict the other accused solely on its basis
  3. It may use it only to lend assurance to other evidence and to corroborate or contradict the maker Correct answer.
  4. It may use it as substantive evidence against all accused

Explanation

A confession by one accused is, against a co-accused, not substantive evidence; it can only be used to provide assurance to the court and to corroborate or contradict the maker. Conviction of the co-accused must rest on independent evidence. This is the settled rule on the evidentiary value of retracted or co-accused confessions.