CIVIL JUDGE JUDGE EXAM PRACTICE PAPER 54

Q. No. 1
Decree shall be deemed to include the rejection of a plaint and the determination of any question within section 144ofC.P.C.
(a) Wrong
(b) Right
(c) It includes rejection of plaint but does not includes the determination of any question within sec. 144 of C.P.C.
(d) It includes determination of any question within sec. 144 of C.P.C. but shall not include rejection of a plaint

Answer: Option B

Q. No. 2
Whether an issue heard finally decided by a competent court of limited jurisdiction shall operate as resjudicata in a subsquent suit that the aforesaid court was not competent to try :-
(a) No
(b) Yes
(c) Answer would depend upon the nature of the issue
(d) None of the above

Answer: Option B

Q. No. 3
Undes sec. 34 of C.P.C. court award interest from the date of decree to the date of payment or such earlier date as the court thinks fit. Rate of such interest shall not exceed……. per annum :-
(a) Nine percent
(b) Ten percent
(c) Six percent
(d) Twelve percent

Answer: Option C

Q. No. 4
Caveat shall not remain in force after expirty of :-
(a) Ninety days
(b) Sixty days
(c) Thirty days
(d) Fifteen days

Answer: Option B

Q. No. 5
Where the plaint has been rejected the plaintiff on the same cause of action :-
(a) May file new suit
(b) Can’t file new suit
(c) May present with the leave of High Court
(d) None of these

Answer: Option B

Q. No. 6
Where decree is for the partition of an undivided estate assessed to the payment of revenue to the government, the partition of the estate, in accordance with the Law for the time being in force, shall be made by :-
(a) The Naib Tahsildar
(b) TheNazir
(c) The collector
(d) The Commissioner appointed by the court

Answer: Option C

Q. No. 7
During the proceeding of execution of a decree, a question arises as to whether any person is or not the representative of a party such question shall be determined by:-
(a) The court which passed the decree
(b) The court executing the decree
(c) The appellate Court
(d) A Separate Suit

Answer: Option B

Q. No. 8
In a suit which relates to a railway the authority to be named as plaintiff or defendant shall be :-
(a) The General Manager of the railway
(b) A secretary to the central Government
(c) The collector of the district
(d) The station master of the railway

Answer: Option A

Q. No. 9
During service of summons defendant was found absent from his residence & within reasonable time no chance to get back at his residence, service of the summons may be made on :-
(a) On servant
(b) Minor daughter
(c) Adult Son
(d) Munim

Answer: Option c

Q. No. 10
In which condition the officer incharge of the prison may refuse to produce the prisoner for evidence despite court’s order :-
(a) Where the prisoner is related to Rulling party
(b) Where the prisoner is ExMinister
(c) Where the prisoner is Government servant
(d) Where the madical officer has certified the prisoner is unfit to be removed

Answer: Option d

Q. No. 11
A suit may be dismissed where, after a summons has been issued to the defendant and returned unserved, plaintiff fails to apply for fresh summons for the period of :-
(a) Thirty days
(b) Sixty days
(c) One month
(d) Two months when the plaintiff falis to apply for fresh summons from the court ( Now seven days amended)

Answer: Option c

Q. No. 12
Where any party dies after conclusion and before pronouncing Judgement :-
(a) The suit shall abet
(b) The suit shall not abet
(c) The suit shall not abet if cause of action survives
(d) It depends on the discretion of the court whether it shall abet or not

Answer: Option B

Q. No. 13
After the passing of the decree for payment of money, on the application of the judgement debtor court shall not order that payment of amount of decree shall be made by instalments:-
(a) Without recording evidence of both parties
(b) Without obtaining affidavits from both parties
(c) Without obtaining documents regarding the financial position of the debtor
(d) Without the consent of decree holder

Answer: Option D/span>

Q. No. 14
Where an indigent person succeeds the court fee shall be recovered :-
(a) From the defendant
(b) From the state Govt.
(c) Not recoverable
(d) From the plaintiff

Answer: Option D

Q. No. 15
Appointment of receivers of any property can be made when :-
(a) Before decree
(b) After decree
(c) Only appellate court can made order
(d) When it apears to the court to be just & convenient whether before or after decree

Answer: Option D

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