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Lok Sewa Judicial Officer Exam practice questions

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Question 1Constitutional Law and Legal Framework

Under the Constitution of Nepal, 2072 (2015), the sovereign power of the State is vested in which of the following?

  1. The Federal Parliament
  2. The President of Nepal
  3. The Council of Ministers
  4. The people of Nepal Correct answer.

Explanation

Article 2 of the Constitution declares that the sovereignty and State authority of Nepal are vested in the Nepali people. All organs of the State, including Parliament, the President and the Council of Ministers, derive their authority from and remain accountable to the people.

Question 2Constitutional Law and Legal Framework

Which Article of the Constitution of Nepal, 2072 specifies the territory of Nepal?

  1. Article 3 Correct answer.
  2. Article 7
  3. Article 1
  4. Article 5

Explanation

Article 3 provides that the territory of Nepal consists of the areas existing at the commencement of the Constitution, and that any alteration of boundaries requires a constitutional amendment under Article 274. Article 1 deals with the name and commencement, and Article 5 with the national flag.

Question 3Constitutional Law and Legal Framework

A Bill passed by both Houses of the Federal Parliament is presented to the President. After how many days must the President authenticate it if the Bill is returned with a message and re-passed by both Houses?

  1. Thirty days
  2. Seven days
  3. Fifteen days Correct answer.
  4. No time limit applies

Explanation

Under Article 113, a Bill returned by the President must be reconsidered, and if passed again by both Houses the President shall authenticate it within fifteen days. This ensures that the President's power to return a Bill is a suspensive rather than an absolute veto.

Question 4Constitutional Law and Legal Framework

Which body under the Constitution of Nepal, 2072 has the power to declare a Bill as a Money Bill?

  1. The Speaker of the House of Representatives Correct answer.
  2. The President
  3. The National Assembly Chairperson
  4. The Prime Minister

Explanation

Article 115 provides that if a question arises whether a Bill is a Money Bill, the decision of the Speaker of the House of Representatives is final. The Constitution places this certification power in the presiding officer of the directly elected House.

Question 5Constitutional Law and Legal Framework

Under Article 76 of the Constitution of Nepal, 2072, the President appoints the Prime Minister from among the members of the House of Representatives. In which situation may a person who is not a member of the House of Representatives be appointed Prime Minister?

  1. When the Supreme Court certifies the appointment
  2. In no situation under Article 76; a person must be a member of the House of Representatives to be appointed Prime Minister Correct answer.
  3. When the person has previously served as a minister
  4. When the National Assembly passes a resolution by a two-thirds majority

Explanation

Article 76 provides for appointing the Prime Minister through routes requiring membership of the House of Representatives, including when no party has a majority. Article 78's six-month provision concerns a non-member Minister and does not create an exception for appointing a non-member Prime Minister.

Question 6Constitutional Law and Legal Framework

Which of the following is a fundamental duty of every citizen enumerated in Article 48 of the Constitution of Nepal, 2072?

  1. To safeguard the nationality, sovereignty and integrity of Nepal Correct answer.
  2. To pay taxes in accordance with law
  3. To serve in the Nepal Army when called upon
  4. To cast a vote in every election

Explanation

Article 48 lists duties including safeguarding the nationality, sovereignty, integrity and unity of Nepal and being loyal to the nation. Paying taxes is separately mentioned, but the safeguarding duty is the core enumerated civic obligation.

Question 7Constitutional Law and Legal Framework

Under the Constitution of Nepal, 2072, the right to privacy is protected. Which of the following is expressly prohibited by the privacy provision?

  1. Collection of statistics by a government agency
  2. Reporting on proceedings of the Federal Parliament
  3. Publication of information about a public official's official conduct
  4. Interception of the communication of a person, except in accordance with law Correct answer.

Explanation

Article 28 protects the privacy of the person, residence, property, documents, and communication, and prohibits interception of communications except in accordance with law. Lawful reporting of official conduct and parliamentary proceedings falls outside the protected sphere.

Question 8Constitutional Law and Legal Framework

The right against preventive detention under Article 18 of the Constitution of Nepal, 2072 requires that a detained person be produced before the adjudicating authority within what maximum period?

  1. Seventy-two hours
  2. Twenty-four hours Correct answer.
  3. Seven days
  4. Forty-eight hours

Explanation

Article 18(2) requires that a person detained preventively be produced before the adjudicating authority within twenty-four hours of arrest, excluding travel time. This mirrors the safeguard in Article 20 for arrests in criminal cases.

Question 9Constitutional Law and Legal Framework

Which writ is issued by a court to an authority that has failed to perform a public duty imposed by law, compelling it to perform that duty?

  1. Mandamus Correct answer.
  2. Certiorari
  3. Habeas corpus
  4. Quo warranto

Explanation

Mandamus commands a public authority to perform a legal duty it has refused or failed to perform. Certiorari quashes a decision, quo warranto questions the authority to hold office, and habeas corpus secures release from unlawful detention.

Question 10Constitutional Law and Legal Framework

Under Article 46 of the Constitution of Nepal, 2072, a person whose fundamental right has been violated may petition which court for the enforcement of that right?

  1. The District Court of the place of residence
  2. Only the High Court of the province concerned
  3. The Supreme Court or the High Court of the province concerned Correct answer.
  4. Only the Supreme Court

Explanation

Article 46 confers concurrent jurisdiction on the Supreme Court and the High Courts to issue appropriate orders and writs for the enforcement of fundamental rights. A petitioner may approach either forum.

Question 11Constitutional Law and Legal Framework

A provincial government enacts a law on a matter listed in the exclusive federal list. Which principle governs the validity of that provincial law?

  1. The provincial law is void to the extent of the inconsistency with federal competence Correct answer.
  2. The provincial law prevails if it received the Governor's assent first
  3. The provincial law is valid if it is more beneficial to the province
  4. The provincial law prevails because it is later in time

Explanation

Under the federal scheme of the Constitution, exclusive federal matters are reserved to the Federal Parliament, and a provincial law on such a matter is void to the extent of the encroachment. Federal supremacy in exclusive-list matters follows from Article 57 read with the distribution schedules.

Question 12Constitutional Law and Legal Framework

Which of the following matters falls within the exclusive competence of the Federal Parliament under Schedule 5 of the Constitution of Nepal, 2072?

  1. Agriculture
  2. Primary education
  3. National defence and the Nepal Army Correct answer.
  4. Local roads

Explanation

Schedule 5 lists national defence, the Nepal Army, and related matters as exclusive federal powers. Agriculture, local roads, and primary education are among the subjects assigned to provinces or local levels.

Question 13Constitutional Law and Legal Framework

Under the Constitution of Nepal, 2072, the National Assembly is a permanent House. What proportion of its members is elected by the provincial assemblies and what proportion by the electoral college of local levels?

  1. Fifty-six members by provincial assemblies and three by local levels, plus the President's nominees Correct answer.
  2. All members are elected by the provincial assemblies
  3. Forty members by provincial assemblies and nineteen by local levels
  4. All members are elected by the electoral college of local levels

Explanation

Article 86 provides that the National Assembly consists of fifty-six members elected by the electoral college of provincial assembly members, three members elected by the electoral college of local level officials, and three nominated by the President. Its composition reflects the federal structure.

Question 14Constitutional Law and Legal Framework

The President of Nepal may be removed from office on the ground of serious violation of the Constitution. Which procedure is constitutionally prescribed?

  1. An impeachment motion passed by a two-thirds majority of the total members of both Houses, with the Speaker presiding over the joint sitting Correct answer.
  2. A referendum conducted by the Election Commission
  3. A resolution passed by a two-thirds majority of the House of Representatives only
  4. A recommendation of the Supreme Court approved by the Council of Ministers

Explanation

Article 61 requires an impeachment motion to be passed by a two-thirds majority of the total members of both Houses sitting together, with the Speaker presiding. The President must be given an opportunity to defend against the charges.

Question 15Constitutional Law and Legal Framework

Which of the following is a ground on which a judge of the Supreme Court may be removed from office under the Constitution of Nepal, 2072?

  1. Failure to attend a ceremonial function
  2. Inability to perform duties due to physical or mental incapacity Correct answer.
  3. Loss of confidence of the Federal Parliament
  4. Disagreement with the government on a point of law

Explanation

Article 101 permits removal of a judge on grounds of incompetence, misbehaviour, or physical or mental incapacity to perform duties, following an impeachment motion in Parliament. Judicial independence bars removal for reasons connected to the merits of judicial decisions.

Question 16Constitutional Law and Legal Framework

The Judicial Council under the Constitution of Nepal, 2072 makes recommendations for the appointment, transfer and disciplinary action of judges. Who chairs the Judicial Council?

  1. The Chief Justice of Nepal Correct answer.
  2. The Attorney General
  3. The Minister of Law, Justice and Parliamentary Affairs
  4. The Chairperson of the National Human Rights Commission

Explanation

Article 153 provides that the Chief Justice chairs the Judicial Council, which also includes senior judges, the Law Minister, and other members. The Council's recommendations are central to judicial appointments and discipline.

Question 17Constitutional Law and Legal Framework

An accused person was not informed of the reason for arrest and was denied the right to consult a lawyer. Which constitutional guarantee is most directly engaged?

  1. Right to freedom of movement under Article 17
  2. Right to property under Article 25
  3. Right to a fair trial under Article 20 Correct answer.
  4. Right to equality before the law

Explanation

Article 20 guarantees the right to a fair trial, including the right of an arrested person to be informed of the grounds of arrest and to consult a legal practitioner of choice. Denial of these safeguards violates the fair trial guarantee.

Question 18Constitutional Law and Legal Framework

Which of the following best describes the nature of the Directive Principles, Policies and Obligations of the State in Part 4 of the Constitution of Nepal, 2072?

  1. They are enforceable only after a proclamation of emergency
  2. They override fundamental rights in case of conflict
  3. They are directly enforceable in courts in the same manner as fundamental rights
  4. They are non-justiciable guidelines that inform State policy and legislative action Correct answer.

Explanation

Article 52 states that the Directive Principles are guidelines for the State and are not enforceable in courts, though they guide governance and interpretation. Courts may refer to them when assessing the reasonableness of State action.

Question 19Constitutional Law and Legal Framework

Under Article 33 of the Constitution of Nepal, 2072, certain rights may be suspended during a proclamation of a state of emergency. Which of the following rights remains non-derogable?

  1. Right to freedom of expression
  2. Right to assemble peacefully
  3. Right to form associations
  4. Right against torture and cruel, inhuman or degrading treatment Correct answer.

Explanation

Article 33 lists rights that cannot be suspended even during an emergency, including the right against torture and cruel, inhuman or degrading treatment, and the right to habeas corpus. These reflect absolute protections recognised in international human rights law.

Question 20Constitutional Law and Legal Framework

The Election Commission of Nepal is constituted under the Constitution. Which of the following is a function expressly assigned to it?

  1. To appoint the Chief Election Commissioner
  2. To conduct elections to the Federal Parliament, provincial assemblies and local levels Correct answer.
  3. To disqualify political parties for policy reasons
  4. To adjudicate election disputes between candidates

Explanation

Article 246 assigns the Election Commission the function of conducting and supervising elections to the Federal Parliament, provincial assemblies, and local levels. It also prepares electoral rolls and advises on election matters.

Question 21Constitutional Law and Legal Framework

The Constitution of Nepal, 2072 provides for the appointment of the Chief Justice. Which body recommends the appointment?

  1. The Council of Ministers
  2. The Constitutional Council Correct answer.
  3. The Judicial Council
  4. The Federal Parliament

Explanation

Under Article 129, the Chief Justice is appointed by the President on the recommendation of the Constitutional Council. The Judicial Council recommends other judges, but the Chief Justice comes through the Constitutional Council.

Question 22Constitutional Law and Legal Framework

A person is arrested on a criminal charge. Under Article 20(4) of the Constitution of Nepal, 2072, what right does the arrested person have regarding legal representation?

  1. The right to consult and be defended by a legal practitioner of choice Correct answer.
  2. No right to a lawyer is constitutionally guaranteed
  3. The right to be represented by a lawyer only if the accused can afford one
  4. The right to a lawyer only in cases punishable by more than ten years

Explanation

Article 20(4) guarantees that an arrested person has the right to consult and be defended by a legal practitioner of choice. This right is not conditioned on the gravity of the offence or the accused's financial capacity.

Question 23Constitutional Law and Legal Framework

Which of the following statements about the constitutional position of the Attorney General of Nepal is correct?

  1. The Attorney General is a member of the Federal Parliament
  2. The Attorney General is appointed by the President on the recommendation of the Prime Minister and is the chief legal adviser to the Government of Nepal Correct answer.
  3. The Attorney General is appointed by the Chief Justice
  4. The Attorney General holds office for a fixed term of six years

Explanation

Article 157 provides that the President appoints the Attorney General on the recommendation of the Prime Minister. The Attorney General is the chief legal adviser to the Government of Nepal and has the right to appear in any court on behalf of the Government.

Question 24Constitutional Law and Legal Framework

The Constitution of Nepal, 2072 establishes the National Human Rights Commission. Which of the following is consistent with its constitutional mandate?

  1. To issue binding writs against government authorities
  2. To inquire into and investigate complaints of human rights violations and recommend action Correct answer.
  3. To prosecute criminal cases before the district courts
  4. To review the constitutionality of legislation

Explanation

Article 249 empowers the Commission to inquire into and investigate complaints of human rights violations and to recommend remedies and action. It is a watchdog body and does not exercise judicial or prosecutorial powers.

Question 25Constitutional Law and Legal Framework

A provincial assembly passes a resolution of no confidence against the Chief Minister. What is the constitutional consequence under Article 168 of the Constitution of Nepal, 2072?

  1. The matter is referred to the Supreme Court for approval
  2. The President appoints a new Chief Minister
  3. The Provincial Head dissolves the provincial assembly immediately
  4. The Chief Minister must resign, and the Provincial Head appoints a new Chief Minister commanding a majority Correct answer.

Explanation

Article 168 provides that the Chief Minister must resign if a vote of no confidence is passed by a majority of the provincial assembly. The Provincial Head then appoints a member commanding a majority as Chief Minister.

Question 26Constitutional Law and Legal Framework

Under the Constitution of Nepal, 2072, a Bill passed by both Houses of the Federal Parliament is presented to the President for authentication. If the President returns the Bill with a message, what is the constitutional consequence when the Federal Parliament reconsiders and passes it again?

  1. The Bill lapses and must be reintroduced as a fresh Bill in the House of Representatives.
  2. The Bill is deemed authenticated only if the Speaker and the Chairperson of the National Assembly jointly certify it.
  3. The President may refer the Bill to the Supreme Court for a binding opinion on its constitutionality.
  4. The President must authenticate the Bill within fifteen days of its re-passage. Correct answer.

Explanation

Article 113 of the Constitution of Nepal, 2072 provides that when the President returns a Bill with a message, the Federal Parliament reconsiders it, and if it is passed again, the President must authenticate it within fifteen days. The President has no power of absolute veto over a re-passed Bill. Authentication completes the legislative process, after which the Bill becomes an Act.

Question 27Constitutional Law and Legal Framework

A writ of certiorari is sought against a decision of a quasi-judicial tribunal. Which of the following best describes the constitutional basis and scope of this jurisdiction of the Supreme Court of Nepal?

  1. The Supreme Court may issue the writ to command performance of a public duty that has been refused.
  2. The Supreme Court may issue the writ only against bodies established by federal law, not against provincial bodies.
  3. The Supreme Court may issue the writ to examine the legality of decisions of judicial or quasi-judicial bodies and may quash them for jurisdictional error or error of law apparent on the record. Correct answer.
  4. The Supreme Court may issue the writ only where the petitioner has no alternative remedy of appeal.

Explanation

Article 133 of the Constitution of Nepal, 2072 empowers the Supreme Court to issue prerogative writs, including certiorari, for the enforcement of fundamental rights and for other purposes. Certiorari lies to quash decisions of judicial or quasi-judicial authorities where they have exceeded jurisdiction or committed an error of law apparent on the record. It is not confined to federal bodies, and existence of an alternative remedy is a discretionary consideration rather than an absolute bar.

Question 28Constitutional Law and Legal Framework

Under the Constitution of Nepal, 2072, which body has the constitutional mandate to conduct, supervise, direct and control elections to the Federal Parliament, Provincial Assemblies and local levels?

  1. The National Human Rights Commission
  2. The Judicial Council
  3. The Election Commission Correct answer.
  4. The Ministry of Home Affairs

Explanation

Article 245 of the Constitution of Nepal, 2072 entrusts the Election Commission with the conduct, supervision, direction and control of elections to the Federal Parliament, Provincial Assemblies and local levels. The Commission also prepares the electoral rolls and performs other functions prescribed by law. It is a constitutional body independent of the executive.

Question 29Constitutional Law and Legal Framework

A dispute arises between the Federal Parliament and a Provincial Assembly over whether a particular subject falls within federal or provincial competence. Which constitutional provision governs the resolution of such a dispute?

  1. The President refers the dispute to the Judicial Council, whose recommendation is binding on both levels.
  2. The dispute is resolved by a joint sitting of both Houses of the Federal Parliament by a two-thirds majority.
  3. The Inter-Provincial Council decides the dispute by a majority vote of the Chief Ministers.
  4. The Supreme Court decides the dispute by exercising its original jurisdiction over constitutional disputes between the Federation and Provinces. Correct answer.

Explanation

Under Article 133 of the Constitution of Nepal, 2072, the Supreme Court has the power to settle disputes between the Federation and a Province, or between Provinces, concerning constitutional interpretation and competence. This original jurisdiction ensures that federal-provincial conflicts are resolved judicially rather than politically. The Court's decision is binding on all concerned.

Question 30Constitutional Law and Legal Framework

Which of the following statements correctly describes the constitutional status of the Directive Principles, Policies and Obligations of the State in Part 4 of the Constitution of Nepal, 2072?

  1. They prevail over fundamental rights in the event of a conflict between the two.
  2. They may be enforced only by the National Human Rights Commission through binding directives to the government.
  3. They are fundamental in the governance of the country and serve as guiding principles for the State, but are not enforceable by any court. Correct answer.
  4. They are directly enforceable in the courts in the same manner as fundamental rights.

Explanation

Article 51 of the Constitution of Nepal, 2072 states that the Directive Principles, Policies and Obligations are fundamental in the governance of the country and are aimed at promoting the welfare of the people. They guide legislative and executive action but are not enforceable by any court in the manner of fundamental rights. Courts may nonetheless refer to them as aids in interpreting constitutional and statutory provisions.

Question 31Civil Law and Procedure

Under the Muluki Civil Code (Muluki Dewani Samhita) of Nepal, at what age does a person generally attain the age of majority for purposes of contracting?

  1. Eighteen years Correct answer.
  2. Twenty-one years
  3. Sixteen years
  4. Twenty years

Explanation

Nepali law fixes majority at eighteen years for civil capacity, so a person of that age may independently enter into contracts. Below that age the person is a minor whose contracts require guardian representation.

Question 32Civil Law and Procedure

A contract in Nepal that is not registered even though law requires registration for that class of transaction is best described as:

  1. Void from the beginning
  2. Automatically voidable at the option of either party
  3. Valid and fully enforceable between the parties
  4. Valid but unenforceable until registration Correct answer.

Explanation

Where a statute requires registration as a condition of enforceability, the transaction is not void but cannot be enforced in court until registered. The underlying agreement survives and registration cures the defect.

Question 33Civil Law and Procedure

Which of the following is an essential element for a valid offer under Nepali contract law?

  1. It must be supported by consideration at the time of offer
  2. It must be made in writing and signed
  3. It must be communicated to the offeree Correct answer.
  4. It must be registered with a government office

Explanation

An offer becomes effective only when it is communicated to the person to whom it is made; until then there is nothing to accept. Writing, consideration, and registration are not inherent elements of the offer itself.

Question 34Civil Law and Procedure

A writes to B offering to sell a plot for a stated price and posts the letter on 1st. B posts an unconditional acceptance on 5th. Under the general rule governing communication of acceptance by post, the contract is complete on:

  1. The date the acceptance letter reaches A
  2. The date A reads the acceptance letter
  3. 5th, when the acceptance was posted Correct answer.
  4. 1st, when the offer was posted

Explanation

As between the parties, acceptance by post is complete when the letter of acceptance is posted, provided the offer contemplated postal communication. The contract therefore concludes on the date of posting, not receipt.

Question 35Civil Law and Procedure

In Nepali civil law, a contract entered into by a person of unsound mind is:

  1. Enforceable if ratified after recovery
  2. Valid if the price is fair
  3. Voidable at the option of the other party
  4. Void Correct answer.

Explanation

A person of unsound mind lacks the capacity to contract, and agreements made by such a person are void rather than merely voidable. Fairness of price cannot supply the missing capacity.

Question 36Civil Law and Procedure

Which circumstance amounts to coercion (dakshya) vitiating consent under Nepali contract law?

  1. A seller charging a price above the market rate
  2. One party remaining silent about a minor defect
  3. A party threatening unlawful detention to obtain consent Correct answer.
  4. A promise made out of natural affection

Explanation

Coercion involves committing or threatening an act forbidden by law to induce consent, such as unlawful detention. High prices, silence, and affectionate promises do not by themselves amount to coercion.

Question 37Civil Law and Procedure

A contract is voidable at the instance of the party whose consent was caused by fraud. Which statement correctly states the effect of the contract until it is avoided?

  1. It is unenforceable by either party
  2. It is automatically rescinded by operation of law
  3. It is void and creates no rights
  4. It remains valid and the aggrieved party may affirm or rescind Correct answer.

Explanation

Fraud makes a contract voidable, not void; it remains valid until the defrauded party elects to rescind. That party may instead affirm the contract and claim damages.

Question 38Civil Law and Procedure

A agrees to sell goods to B, but before delivery the goods are destroyed by an earthquake without fault of either party. The agreement becomes:

  1. Void because the subject matter ceased to exist Correct answer.
  2. Discharged only after a court decree
  3. Enforceable with damages against A
  4. Voidable at A's option

Explanation

Where the subject matter of a contract is destroyed before performance without the fault of either party, the agreement becomes void. Neither party can be compelled to perform an impossible act.

Question 39Civil Law and Procedure

Under the Muluki Civil Code, a contract without consideration is generally void, but which promise is enforceable despite lacking consideration?

  1. A written and registered promise to pay a time-barred debt Correct answer.
  2. A promise made under a threat of prosecution
  3. A promise to make a gift of land to a stranger
  4. A promise to pay an existing contractual debt

Explanation

A written promise, registered where the law requires, to pay a debt barred by limitation is enforceable as an exception to the consideration rule. Ordinary gifts, existing duties, and coerced promises do not qualify.

Question 40Civil Law and Procedure

Which of the following agreements is expressly void as being opposed to public policy in Nepal?

  1. An agreement to sell a house to a relative
  2. An agreement to lease agricultural land for a term of years
  3. An agreement to provide professional services for a fee
  4. An agreement to stifle a criminal prosecution for a serious offence Correct answer.

Explanation

Agreements to stifle prosecution or to compound a serious offence are opposed to public policy and void. Ordinary sales, service contracts, and leases are lawful transactions.

Question 41Civil Law and Procedure

A minor misrepresents his age and obtains a loan. What is the correct legal position regarding the lender's remedy?

  1. The lender can enforce the loan as a valid contract
  2. The lender can recover the loan as damages for fraud
  3. The lender can recover the money as restitution if it is traceable and the minor is still a minor Correct answer.
  4. The lender can wait until the minor attains majority and then sue automatically

Explanation

Because the agreement with a minor is void, the lender has no contractual claim, but restitution may be available where the minor still holds the identifiable benefit. The lender cannot convert the void contract into an enforceable one.

Question 42Civil Law and Procedure

In Nepali civil procedure, which court has the general jurisdiction to try a civil suit of a value within its pecuniary limit where the defendant resides?

  1. The court where the plaintiff resides
  2. The court of the nearest appellate level
  3. The court where the contract was drafted
  4. The court where the cause of action arose or the defendant resides Correct answer.

Explanation

Territorial jurisdiction generally lies where the defendant resides or where the cause of action arises, subject to statutory exceptions. The plaintiff's residence and the place of drafting are not general grounds.

Question 43Civil Law and Procedure

A plaint is returned by the court for want of jurisdiction. Which statement best describes the correct course for the plaintiff?

  1. The plaintiff must file a fresh suit with a new cause of action
  2. The plaintiff may present the plaint before the court having jurisdiction Correct answer.
  3. The suit is dismissed and cannot be revived
  4. The plaintiff must appeal to the Supreme Court directly

Explanation

Return of a plaint for want of jurisdiction allows the plaintiff to present it before the proper court, and limitation is generally protected. It is not a dismissal on the merits.

Question 44Civil Law and Procedure

Under the Civil Procedure Code of Nepal, the purpose of a written statement filed by the defendant is to:

  1. Apply for adjournment
  2. Initiate a counterclaim as the only remedy
  3. Present evidence of witnesses
  4. Raise objections to the plaint and state the defense Correct answer.

Explanation

The written statement sets out the defendant's objections and substantive defense to the plaint. Evidence and interlocutory applications are separate steps in the proceeding.

Question 45Civil Law and Procedure

A plaint is rejected because it does not disclose a cause of action. What is the consequence for the plaintiff?

  1. The plaintiff may file a fresh suit on the same cause of action subject to limitation Correct answer.
  2. The plaintiff is barred from ever filing a suit on that claim
  3. The plaintiff must appeal within seven days
  4. The rejection operates as a decree on merits

Explanation

Rejection of a plaint for failure to disclose a cause of action is not a decision on the merits, so a fresh suit is permissible subject to limitation. It does not extinguish the claim permanently.

Question 46Civil Law and Procedure

Which of the following is a recognized ground for setting aside an ex parte decree in Nepali civil procedure?

  1. The defendant was not duly served with summons Correct answer.
  2. The defendant could not afford a lawyer
  3. The defendant disagreed with the plaintiff's evidence
  4. The plaintiff won the case

Explanation

An ex parte decree may be set aside where the defendant shows that summons was not duly served or that he was prevented by sufficient cause from appearing. Disagreement with evidence or lack of funds is not a ground.

Question 47Civil Law and Procedure

Under Nepali law, an appeal against a decree of a district court in a civil suit generally lies to:

  1. The same district court in review
  2. The High Court having territorial jurisdiction Correct answer.
  3. The Supreme Court
  4. The Judicial Council

Explanation

Appeals from district courts ordinarily go to the concerned High Court, whose appellate jurisdiction is defined territorially. The Supreme Court hears further appeals only as provided by law.

Question 48Civil Law and Procedure

A party seeks review of a judgment on the ground that it was obtained by fraud practiced on the court. Which remedy is appropriate?

  1. Filing a criminal case only
  2. Review before the same court that passed the judgment Correct answer.
  3. Filing a fresh suit on the same cause of action
  4. Appeal to the Supreme Court in every case

Explanation

Review lies before the court that passed the judgment where a specified ground such as fraud on the court is made out. A fresh suit on the same cause of action would be barred by res judicata.

Question 49Civil Law and Procedure

The doctrine of res judicata in Nepali civil procedure prevents:

  1. A fresh suit between the same parties on the same matter already decided Correct answer.
  2. A party from filing any appeal after a decree
  3. A court from hearing a suit of small value
  4. A plaintiff from amending the plaint

Explanation

Res judicata bars a subsequent suit between the same parties on the same subject matter once a competent court has finally decided it. It does not bar appeals or amendments in the pending case.

Question 50Civil Law and Procedure

A plaintiff wishes to add a new defendant after the suit has progressed. The court may permit amendment of the plaint where:

  1. The amendment is filed after judgment
  2. The plaintiff pays an additional court fee only
  3. The amendment is necessary to determine the real question in controversy and does not cause prejudice Correct answer.
  4. The new defendant consents orally

Explanation

Amendment is allowed where it is necessary for determining the real question in controversy and will not prejudice the other side. Consent, fee, and timing after judgment are not the governing test.