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Nepal Bar Advocate Exam study materials
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Nepal Bar Advocate Exam practice questions

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Question 1Constitutional Law

Under the Constitution of Nepal, 2072, what is the maximum number of members in the House of Representatives?

  1. 275 Correct answer.
  2. 59
  3. 110
  4. 165

Explanation

Article 84 of the Constitution of Nepal, 2072 provides that the House of Representatives consists of a maximum of 275 members, of whom 165 are elected through the first-past-the-post system and 110 through proportional representation. The total is fixed as a ceiling rather than a fixed current strength.

Question 2Constitutional Law

A citizen who has completed how many years of age is eligible to be a member of the National Assembly of Nepal?

  1. Twenty-five years
  2. Thirty years
  3. Thirty-five years Correct answer.
  4. Forty years

Explanation

Article 87 of the Constitution of Nepal, 2072 requires a candidate for the National Assembly to have attained thirty-five years of age, be a Nepali citizen, and not be disqualified by law. This threshold is higher than that for the House of Representatives, reflecting the National Assembly's role as a revising chamber.

Question 3Constitutional Law

Which body has the constitutional power to declare a state of emergency in Nepal?

  1. The Supreme Court, on its own motion
  2. The President, on the recommendation of the Council of Ministers Correct answer.
  3. The Speaker of the House of Representatives
  4. The National Security Council, by majority vote

Explanation

Article 115 of the Constitution of Nepal, 2072 empowers the President to proclaim a state of emergency on the recommendation of the Council of Ministers. The proclamation must be laid before the House of Representatives for approval within a month.

Question 4Constitutional Law

The fundamental rights guaranteed under Part 3 of the Constitution of Nepal, 2072 are enforceable through which constitutional remedy?

  1. An ordinary civil suit for damages in the District Court
  2. A writ petition before the Supreme Court or a High Court under Article 46 Correct answer.
  3. A direct appeal to the President for executive relief
  4. A reference to the Election Commission for adjudication

Explanation

Article 46 confers on the Supreme Court and High Courts the power to issue writs including habeas corpus, mandamus, certiorari, prohibition and quo warranto for the enforcement of fundamental rights. This makes fundamental rights justiciable rather than merely directive.

Question 5Constitutional Law

How many provinces are established by the Constitution of Nepal, 2072?

  1. Five
  2. Fourteen
  3. Seven Correct answer.
  4. Nine

Explanation

Article 56 and Schedule 4 of the Constitution establish seven provinces as the provincial tier of the federal structure. Each province has its own Provincial Assembly and Chief Minister.

Question 6Constitutional Law

Which of the following is a directive principle under Part 4 of the Constitution of Nepal, 2072?

  1. Promotion of a welfare-based economic system for equitable distribution of resources Correct answer.
  2. Prohibition of discrimination on grounds of caste or sex
  3. Right to a fair trial before an independent tribunal
  4. Right to privacy of residence and correspondence

Explanation

Part 4 contains directive principles, including the promotion of a welfare-based economic system aimed at equitable distribution of resources. Directive principles guide state policy but are not directly enforceable in court, unlike the fundamental rights in Part 3.

Question 7Constitutional Law

A bill passed by both federal houses is presented to the President. Within what period must the President authenticate it, failing which it is deemed authenticated?

  1. Seven days
  2. Thirty days
  3. Fifteen days Correct answer.
  4. Sixty days

Explanation

Article 113 of the Constitution provides that the President must authenticate a bill within fifteen days of presentation. If the President neither authenticates nor returns it with a message within that period, the bill is deemed authenticated.

Question 8Constitutional Law

A dispute arises between the federal government and a province over the exercise of a concurrent power. Which constitutional provision governs the resolution of such a conflict?

  1. Federal law prevails, and provincial law is void to the extent of inconsistency Correct answer.
  2. The President decides the matter by executive order
  3. Provincial law prevails because provinces exercise residual powers
  4. The Supreme Court must legislate a compromise

Explanation

Under Article 58 and the Schedule-based distribution of powers, where both the federation and a province legislate on a concurrent matter, the federal law prevails and the provincial law is void to the extent of inconsistency. Residual powers, by contrast, rest with the provinces.

Question 9Constitutional Law

A person is detained by police without being informed of the grounds of arrest. Which fundamental right is most directly violated?

  1. Right to employment under Article 33
  2. Right against preventive detention under Article 17 Correct answer.
  3. Right to property under Article 25
  4. Right to education under Article 31

Explanation

Article 17 protects against preventive detention and requires that a detainee be informed of the grounds of arrest and be produced before a court within twenty-four hours. Failure to disclose grounds directly infringes this right.

Question 10Constitutional Law

Which writ is appropriate to compel a public authority to perform a statutory duty that it has unlawfully refused to perform?

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

Explanation

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

Question 11Constitutional Law

What is the tenure of the Chief Justice of Nepal under the Constitution of Nepal, 2072?

  1. Until removal by impeachment, with no age limit
  2. Five years from appointment or until attaining sixty-three years of age, whichever is earlier
  3. Ten years from appointment or until attaining seventy years of age, whichever is earlier
  4. Six years from appointment or until attaining sixty-five years of age, whichever is earlier Correct answer.

Explanation

Article 129 provides that the Chief Justice holds office for six years from the date of appointment or until reaching sixty-five years of age, whichever comes first. Other Supreme Court judges similarly serve until sixty-five.

Question 12Constitutional Law

A member of the House of Representatives resigns from the party that nominated them on the proportional representation list. What is the constitutional consequence?

  1. The seat is terminated, as provided for party-list members who leave their party Correct answer.
  2. The Speaker decides whether the member may continue
  3. The member may retain the seat by joining another party within thirty days
  4. The member continues in office until the end of the term

Explanation

Article 91 provides that a member elected from the proportional representation list loses the seat upon leaving the party that nominated them. This anti-defection rule preserves party discipline in the proportional system.

Question 13Constitutional Law

The President of Nepal may be removed from office on which constitutional ground?

  1. Recommendation of the Judicial Council
  2. Violation of the Constitution or serious misconduct, through impeachment Correct answer.
  3. Loss of confidence in the House of Representatives
  4. Conviction in any civil suit

Explanation

Article 61 provides that the President may be impeached for violation of the Constitution or serious misconduct, by a two-thirds majority of the total membership of the federal parliament. Loss of confidence is a mechanism applicable to the Prime Minister, not the President.

Question 14Constitutional Law

Which body recommends the appointment of judges to the Supreme Court and High Courts in Nepal?

  1. The National Human Rights Commission
  2. The Public Service Commission
  3. The Council of Ministers
  4. The Judicial Council Correct answer.

Explanation

Article 153 establishes the Judicial Council, which recommends appointments, transfers and disciplinary action concerning judges. The President makes the formal appointment on that recommendation.

Question 15Constitutional Law

A provincial assembly passes a law on a matter listed exclusively in the federal list. What is the constitutional position of that law?

  1. It is valid if the province obtains the President's assent
  2. It is void, because provinces may legislate only on provincial and concurrent matters Correct answer.
  3. It is valid until the Supreme Court strikes it down in a writ petition
  4. It is valid if it does not conflict with an existing federal law

Explanation

Under the distribution of powers in Schedules 5 to 9, provinces may legislate only on provincial and concurrent matters. A provincial law on an exclusively federal subject is ultra vires and void from the outset, regardless of assent.

Question 16Constitutional Law

Which of the following best describes the constitutional status of the right to food sovereignty in Nepal?

  1. It is a policy guideline without constitutional mention
  2. It is a fundamental right under Article 36 Correct answer.
  3. It is a directive principle only
  4. It is a statutory right under the Food Act alone

Explanation

Article 36 of the Constitution guarantees the right to food sovereignty as a fundamental right, including the right to be protected from a state of starvation and access to safe food. It is therefore enforceable through writ jurisdiction.

Question 17Constitutional Law

A person challenges the constitutionality of a statute on the ground that it violates the right to equality. Which standard of review is most appropriate for the Supreme Court to apply?

  1. Absolute deference, because the legislature's wisdom is unchallengeable
  2. Purely procedural review limited to checking whether the bill was properly passed
  3. Strict scrutiny requiring a compelling state interest in every case
  4. Reasonableness and proportionality, examining whether the classification has a rational nexus to a legitimate aim Correct answer.

Explanation

Nepali constitutional jurisprudence applies a reasonableness and proportionality test to equality claims, asking whether the classification is based on intelligible criteria and has a rational nexus to a legitimate objective. Deference or purely procedural review would nullify the guarantee.

Question 18Constitutional Law

During a proclamation of a state of emergency, which fundamental right may be suspended under the Constitution of Nepal, 2072?

  1. The right against torture and cruel treatment
  2. The right to equality before the law
  3. The right to freedom of expression and assembly, to the extent specified in the proclamation Correct answer.
  4. The right to habeas corpus challenging the legality of detention

Explanation

Article 116 permits suspension of certain fundamental rights, such as freedom of expression and assembly, during an emergency to the extent specified in the proclamation. Rights against torture and the remedy of habeas corpus remain non-derogable.

Question 19Constitutional Law

Which statement correctly describes the relationship between the fundamental rights and the directive principles under the Constitution of Nepal, 2072?

  1. Fundamental rights are advisory, while directive principles are enforceable
  2. Fundamental rights are justiciable, while directive principles guide state policy and are not directly enforceable Correct answer.
  3. Both are equally enforceable through writ petitions
  4. Directive principles prevail over fundamental rights in case of conflict

Explanation

Part 3 rights are enforceable through writs under Article 46, whereas Part 4 directive principles inform legislation and policy without direct enforceability. Courts may use directive principles to interpret fundamental rights but cannot enforce them as standalone claims.

Question 20Constitutional Law

The President returns a bill to the House of Representatives with a message. The House reconsiders and passes the bill again by a two-thirds majority of its total membership. What follows?

  1. The bill lapses and must be reintroduced in the next session
  2. The President may refer the bill to the Supreme Court for a binding opinion
  3. The bill is deemed authenticated, and the President must authenticate it within fifteen days Correct answer.
  4. The bill requires fresh elections before authentication

Explanation

Article 113 provides that if the House reconsiders a returned bill and passes it by a two-thirds majority of its total membership, the bill is deemed authenticated. The President cannot withhold assent after such a repassage.

Question 21Civil Law and Procedure

Under the Muluki Civil Code, 2074, what is the general limitation period for filing a civil suit to enforce a contractual claim, where no special period is prescribed?

  1. Five years from the date the cause of action arose
  2. Ten years from the date the cause of action arose
  3. One year from the date the cause of action arose
  4. Three years from the date the cause of action arose Correct answer.

Explanation

The Muluki Civil Code, 2074 prescribes a general limitation of three years for civil claims where no other period is specifically provided. Limitation runs from the date the cause of action arises, and expiry of the period bars the suit unless a recognized ground for extension applies.

Question 22Civil Law and Procedure

A plaintiff files a suit in the District Court. Which party bears the burden of proving the facts asserted in the pleadings as the basis of the claim?

  1. The defendant, because the defendant must disprove the claim
  2. The plaintiff, because the party who asserts a fact must prove it Correct answer.
  3. Both parties equally, because the burden is always shared
  4. The court, because it must independently investigate the truth

Explanation

The general rule of evidence is that a person who asserts a fact must prove it, so the plaintiff carrying the claim bears the initial burden on the facts constituting it. The burden may shift to the defendant only when the defendant raises a distinct affirmative defence that must be established.

Question 23Civil Law and Procedure

Which of the following is an essential element for a valid contract under the Muluki Civil Code, 2074?

  1. Payment of full consideration in advance
  2. Registration of the contract with the concerned office
  3. Free consent of the parties competent to contract Correct answer.
  4. Approval of the contract by a witness of sound mind

Explanation

A valid contract requires free consent of parties who are competent to contract, a lawful object, and lawful consideration. Registration and witness approval are formalities required only for particular categories of contracts, not for validity in general.

Question 24Civil Law and Procedure

A written contract is challenged on the ground of coercion. Within what period must the party whose consent was caused by coercion avoid the contract?

  1. Within three years of the date the contract was made
  2. Within six months of discovering the coercion
  3. There is no time limit, because a coerced contract is automatically void
  4. Within one year of the date the coercion ceased Correct answer.

Explanation

Where consent is caused by coercion, the contract is voidable at the option of the party whose consent was so caused, and avoidance must be sought within one year from the date the coercion ceased. A voidable contract remains valid until it is avoided within the prescribed period.

Question 25Civil Law and Procedure

A person who is of unsound mind and incapable of understanding the consequences of a contract enters into an agreement. What is the status of that agreement?

  1. It is enforceable once ratified by the guardian
  2. It is valid if the other party acted in good faith
  3. It is void, because the party lacked capacity to contract Correct answer.
  4. It is voidable at the option of the other party

Explanation

A person of unsound mind who cannot understand the consequences of an agreement is not competent to contract, so the agreement is void. Good faith of the other party or later ratification cannot supply the missing capacity at the time of contracting.

Question 26Civil Law and Procedure

In a suit for specific performance of a contract for sale of immovable property, which relief is generally discretionary rather than automatic?

  1. Award of damages for breach
  2. Decree for specific performance Correct answer.
  3. Costs of the litigation
  4. Refund of earnest money

Explanation

Specific performance is an equitable discretionary remedy, granted where damages would not be an adequate remedy and the plaintiff has acted fairly. Damages, refund of earnest money, and costs are monetary or incidental reliefs that do not carry the same discretionary character.

Question 27Civil Law and Procedure

A suit is instituted against a minor defendant. How must the court proceed with respect to the minor's defence?

  1. A guardian ad litem must be appointed to represent the minor Correct answer.
  2. The minor's natural guardian is automatically liable in a personal capacity
  3. The minor must personally file a written statement
  4. The suit must be dismissed because a minor cannot be sued

Explanation

A minor cannot personally conduct litigation, so the court appoints a guardian ad litem to represent the minor's interests in the suit. The minor remains the party, and the guardian acts on the minor's behalf without becoming personally liable for the claim.

Question 28Civil Law and Procedure

What is the ordinary effect of a defendant failing to file a written statement within the time allowed by the court?

  1. The court may proceed ex parte and the defendant loses the right to file a defence without leave Correct answer.
  2. The court must pronounce judgment against the defendant immediately
  3. The suit is automatically transferred to the Court of Appeal
  4. The plaint is deemed rejected

Explanation

Where the defendant fails to file a written statement within the prescribed time, the court may proceed with the case ex parte, and the defendant may file a defence only with the court's leave. The court is not compelled to decree the claim without examining the plaintiff's evidence.

Question 29Civil Law and Procedure

A plaint is returned by the court for presentation to the proper court on the ground that it lacks territorial jurisdiction. What is the consequence for the limitation period?

  1. Limitation restarts only if the plaintiff pays fresh court fees
  2. The claim becomes time-barred from the original filing date
  3. The time spent in the first court is excluded in computing limitation Correct answer.
  4. The plaintiff loses the right to sue in the proper court

Explanation

Where a plaint is returned for presentation to the proper court, the time during which the suit was pending in the first court is excluded when computing the limitation period for the fresh suit. The plaintiff is thus not prejudiced by having initially chosen a court lacking jurisdiction.

Question 30Civil Law and Procedure

Which of the following is a ground on which a civil court may order amendment of pleadings?

  1. To enable the plaintiff to raise an entirely new claim after limitation has expired
  2. To substitute a new plaintiff who has no connection with the original cause of action
  3. To introduce a claim that changes the fundamental character of the suit
  4. To correct a mistake in the description of a party or property Correct answer.

Explanation

Amendment of pleadings is permitted to correct clerical or descriptive mistakes and to determine the real question in controversy, provided it does not cause prejudice that cannot be compensated by costs. Amendments that introduce a time-barred new claim or change the fundamental nature of the suit are generally refused.

Question 31Civil Law and Procedure

What is the general rule regarding the place of suing in a civil suit relating to immovable property?

  1. The suit must be filed where the defendant resides
  2. The suit must be filed in the court within whose jurisdiction the property is situated Correct answer.
  3. The suit must be filed where the plaintiff resides
  4. The suit may be filed in any court chosen by the plaintiff

Explanation

A suit for recovery of possession, partition, or determination of rights in immovable property must be brought in the court within whose local limits the property is situated. This rule of territorial jurisdiction protects the court's ability to enforce its decree over the property.

Question 32Civil Law and Procedure

A defendant wishes to challenge the court's jurisdiction over the subject matter after the court has already passed a preliminary order. What is the correct course?

  1. Objection to jurisdiction over the subject matter may be raised at any stage of the suit Correct answer.
  2. The defendant must first file a fresh suit in another court
  3. Jurisdictional objection must be waived once a preliminary order is passed
  4. The defendant loses all remedies and must accept the decree

Explanation

An objection to the court's jurisdiction over the subject matter goes to the competence of the court and may be raised at any stage of the proceeding. By contrast, objections to territorial jurisdiction or to the form of the suit must be raised at the earliest opportunity or they may be waived.

Question 33Civil Law and Procedure

Under the Muluki Civil Code, 2074, what is the effect of a contract that is void from the beginning (void ab initio)?

  1. It is enforceable if one party has performed fully
  2. It is valid until a court declares it void
  3. It creates enforceable rights until it is avoided by a party
  4. It has no legal effect and cannot be enforced by any party Correct answer.

Explanation

A contract void ab initio has no legal existence and confers no enforceable rights or obligations on any party. Performance rendered under such an agreement may be recovered under restitutionary principles, but the agreement itself cannot be enforced as a contract.

Question 34Civil Law and Procedure

A party seeks to recover money paid under a contract that has since been discovered to be void. On what basis may restitution be claimed?

  1. On the basis of a penalty clause implied by law
  2. On the basis of breach of contract by the other party
  3. On the basis of specific performance of the void agreement
  4. On the principle of unjust enrichment, so that the recipient does not retain a benefit without cause Correct answer.

Explanation

Where a contract is void, money or property transferred under it may be recovered on the principle of unjust enrichment, since the recipient has no legal cause to retain the benefit. The claim is restitutionary rather than contractual, because no enforceable contract exists.

Question 35Civil Law and Procedure

What is the principal purpose of a caveat petition in civil litigation?

  1. To transfer a case from one court to another
  2. To compel the opposite party to produce documents
  3. To request the court to hear the caveator before granting any interim order in a suit Correct answer.
  4. To appeal against a final decree

Explanation

A caveat is a notice filed by a person who apprehends an application for an interim order against them, requesting that they be heard before any such order is passed. It safeguards the caveator's right to be heard and prevents an ex parte interim order.

Question 36Civil Law and Procedure

An ex parte interim injunction is granted against a defendant. What is the defendant's proper remedy to have it set aside?

  1. Directly appeal to the Supreme Court without approaching the trial court
  2. Ignore the order because it was passed without hearing the defendant
  3. Apply to the same court for vacation or modification of the interim order Correct answer.
  4. File a written statement and wait for final judgment

Explanation

A party affected by an ex parte interim order may apply to the same court for its vacation or modification, and the court must hear the parties before confirming or discharging it. Disobedience of the order is not excused merely because it was passed ex parte.

Question 37Civil Law and Procedure

A plaintiff seeks attachment before judgment of the defendant's property on the ground that the defendant is disposing of assets to defeat a decree. What must the court be satisfied of before ordering attachment?

  1. That the defendant has already been adjudged insolvent
  2. That the plaintiff has a strong prima facie case and the defendant is acting to obstruct execution of a possible decree Correct answer.
  3. That the defendant has failed to appear in court
  4. That the plaintiff has deposited the entire claim amount in court

Explanation

Attachment before judgment may be ordered where the court is satisfied that the defendant, with intent to obstruct or delay execution of any decree that may be passed, is about to dispose of or remove property from the jurisdiction. The plaintiff must show a prima facie case and the defendant's obstructive intent.

Question 38Civil Law and Procedure

Which of the following best describes the doctrine of res judicata in civil procedure?

  1. A matter finally decided by a competent court cannot be relitigated between the same parties Correct answer.
  2. A court may reopen any decided matter on the application of a party
  3. A decree becomes enforceable only after it is registered
  4. A judgment binds only the parties who actually appeared in court

Explanation

Res judicata bars a fresh suit on a matter that has been directly and substantially in issue in a former suit between the same parties, decided by a competent court. The doctrine promotes finality of litigation and prevents multiplicity of proceedings.

Question 39Civil Law and Procedure

A suit is dismissed for default of the plaintiff's appearance. What is the plaintiff's remedy?

  1. Apply to the same court for restoration of the suit, showing sufficient cause Correct answer.
  2. File a fresh suit without any restriction
  3. File a review petition before the President
  4. File an appeal to the Supreme Court directly

Explanation

Where a suit is dismissed for default, the plaintiff may apply to the same court for restoration of the suit on showing sufficient cause for non-appearance. The application must be made within the time prescribed, and the court may restore the suit on terms.

Question 40Civil Law and Procedure

What is the general rule on the admissibility of a document that is required by law to be registered but is unregistered?

  1. It is admissible for all purposes
  2. It is admissible only if both parties agree
  3. It is inadmissible to prove the transfer of rights in the property it purports to effect Correct answer.
  4. It becomes admissible once stamped

Explanation

An unregistered document that is compulsorily registrable cannot be received as evidence of a transaction affecting immovable property. It may, however, be admissible for a collateral purpose such as proving the nature of possession.

Question 41Civil Law and Procedure

A party discovers a document that was not within their knowledge or power at the time of the trial and which is material to the issue. What is the appropriate remedy?

  1. An application for amendment of the plaint
  2. An application for transfer of the case
  3. An application for review of judgment on the ground of new and important evidence Correct answer.
  4. An application for attachment of property

Explanation

Review is available where a party discovers new and important matter or evidence that, after the exercise of due diligence, was not within their knowledge or could not be produced at the time of the decree. The application must be made to the same court within the prescribed period.

Question 42Civil Law and Procedure

Which of the following correctly describes the doctrine of part performance in relation to a contract for sale of immovable property?

  1. A buyer in possession under an unregistered agreement may be protected in equity if they have performed their part and are willing to perform the rest Correct answer.
  2. An unregistered agreement is always void and confers no protection
  3. Part performance applies only to movable property
  4. Part performance protects only the seller, not the buyer

Explanation

The doctrine of part performance protects a transferee who, in reliance on an oral or unregistered agreement, has taken possession and performed or is willing to perform their obligations. Equity treats the parties as bound despite the absence of a registered instrument.

Question 43Civil Law and Procedure

Under the Muluki Civil Code, 2074, what is the consequence of a contract being induced by fraud?

  1. The contract is void from the beginning
  2. The contract is valid and cannot be challenged
  3. The contract is automatically rescinded by the court
  4. The contract is voidable at the option of the party whose consent was obtained by fraud Correct answer.

Explanation

Fraud renders a contract voidable at the option of the party whose consent was so obtained, and that party may rescind the contract or insist on performance on terms. The contract remains valid until the defrauded party elects to avoid it within the limitation period.

Question 44Civil Law and Procedure

A defendant raises a counterclaim in a civil suit. How is the counterclaim treated by the court?

  1. It is ignored unless the plaintiff consents
  2. It must be filed in a separate court of competent jurisdiction
  3. It is treated as a mere defence and cannot result in a decree in the defendant's favour
  4. It is treated as an independent suit for the purpose of limitation and trial Correct answer.

Explanation

A counterclaim is treated as a plaint in an independent suit, so it must be within limitation and is tried together with the original claim. The court may pass a decree in the defendant's favour on the counterclaim if it is established.

Question 45Civil Law and Procedure

What is the effect of a compromise decree recorded by the court in a civil suit?

  1. It operates only as an agreement and cannot be executed
  2. It is binding on the parties and enforceable as a decree of the court Correct answer.
  3. It may be reopened by either party at any time
  4. It has no binding force until it is registered

Explanation

A compromise decree is a decree of the court and is binding on the parties to the compromise, and it is executable as such. Its terms may bind even persons who were not parties where the compromise relates to the subject matter of the suit, subject to the court's satisfaction that it is lawful.

Question 46Civil Law and Procedure

Under the Muluki Civil Code, 2074, when a contract is rescinded on the ground of fraud by one party, within what period must the aggrieved party generally exercise the right of rescission after discovering the fraud?

  1. At any time before the contract is fully performed by both parties
  2. Within the limitation period for a suit on the contract, since rescission has no separate time limit
  3. Within three months of discovering the fraud
  4. Within one year of discovering the fraud Correct answer.

Explanation

The Muluki Civil Code, 2074 provides that a party who has been induced to enter a contract by fraud or misrepresentation must exercise the option to rescind within a defined period running from discovery of the ground, reflecting the general one-year period for avoidance on grounds of defect in consent. Delay beyond that period ordinarily bars rescission, leaving the party to other remedies such as damages.

Question 47Civil Law and Procedure

A plaintiff files a suit valuing the claim at Rs. 5,00,000 for the purpose of court fees but the relief sought, if granted, would in substance exceed that valuation. How does the court generally treat a deliberately inflated or deflated valuation of the suit for jurisdiction and court fees?

  1. The court must transfer the suit to the highest court having jurisdiction to avoid undervaluation
  2. The court must dismiss the suit outright for misvaluation without giving any opportunity to amend
  3. The court may examine the valuation and require the plaintiff to correct it where it is arbitrary or contrary to the rules of valuation Correct answer.
  4. The court accepts the plaintiff's valuation without scrutiny in every case

Explanation

Valuation of a suit for jurisdiction and court fees is governed by the statutory rules of valuation, and while the plaintiff's estimate is given weight, the court can scrutinise it where it appears arbitrary or designed to manipulate jurisdiction or evade fees. The plaintiff is ordinarily given an opportunity to correct the valuation rather than suffering outright dismissal.

Question 48Civil Law and Procedure

In a civil suit, the defendant dies after the issues are framed and the suit involves a claim for recovery of money. What is the general consequence for the suit?

  1. The suit is transferred to a criminal court for adjudication of the deceased's estate
  2. The suit abates automatically and cannot proceed against anyone
  3. The suit continues against the legal representatives of the deceased defendant, who may be brought on record Correct answer.
  4. The suit must be dismissed because a dead person cannot be sued

Explanation

Where the right to sue survives, the death of a party does not destroy the suit; the legal representatives of the deceased defendant are brought on record and the proceedings continue against them. Abatement follows only where the right to sue does not survive or where the representatives are not brought on record within the time allowed.

Question 49Civil Law and Procedure

A court passes an order directing a party to produce a document, and that party wilfully disobeys the order without lawful excuse. Which power does the civil court primarily exercise in such a situation?

  1. Initiating contempt proceedings or attaching property and imposing sanctions for disobedience of its lawful order Correct answer.
  2. Referring the matter to the Judicial Council for disciplinary action against the party
  3. Declaring the underlying contract between the parties automatically void
  4. Striking off the defendant's defence permanently in every case of disobedience

Explanation

A civil court enforces its lawful orders through its coercive powers, which include proceeding for contempt and attaching property or imposing other sanctions for wilful disobedience. These powers are exercised to secure compliance, and the court retains discretion over the appropriate measure.

Question 50Civil Law and Procedure

A plaintiff obtains a decree for money, and the judgment-debtor, before execution is completed, transfers his only substantial immovable property to a close relative for a nominal price. Which principle governs the decree-holder's challenge to that transfer in execution proceedings?

  1. The transfer may be avoided as intended to defeat the decree-holder if it was made with that intent and the transferee had notice Correct answer.
  2. The transfer is void because a decree exists against the transferor
  3. The transfer is valid only if registered, since registration cures any intent to defeat creditors
  4. The transfer is valid because a judgment-debtor retains full power to deal with property until actual attachment

Explanation

A transfer of property made with intent to defeat or delay a decree-holder may be challenged, but the decree-holder must generally establish the intent and, where the transferee is not a bona fide purchaser for value without notice, the transaction can be avoided. The mere existence of a decree does not by itself invalidate a transfer, and registration does not cure a fraudulent intent.