JUDICIAL EXAMINATIONS ONLINE COACHING

SU-KU-NA LAW ACADEMY

(Suresh-Kulandai-Nathan Law Academy - 94442-14104)

AMENDMENT OF PLEADINGS 25.08.21

1. According to Civil Procedure Code, amendment of pleadings can be

allowed:
a) Only before the trial
b) Only during the trial
c) Only after the trial
d) At any stage of the proceeding

2. Which of the following is not a characteristic of Pleading?

a) The pleading must enforce sufficient factual details so as to dispel
false or exaggerated claim of defence.
b) Even in the absence of pleading, issues can be raised and decided.
c) Pleading should state material facts of a case
d) Pleas not raised in the pleadings cannot be argued.

3. The Mofussil pleadings which are loosely drafted and be construed

liberally.
a) True
b) False
c) Partly true
d) None of the above

4. Which of the following is not a basic rule of Pleadings?

a) Pleadings do not state Law
b) Pleading contains all the necessary particulars
c) Pleadings should be stated in a concise form and ambiguous
d) Pleading does not state evidence

5. An argument is made in the Court which is not mentioned in

pleading. The defence also did not object the argument. What is the
legal impact of the said argument?
a) It can be deemed to be admitted
b) There is no bar for Court not to give decree based on that argument
c) Pleas not mentioned in the pleading cannot be argued before the
Court
 d) None of the above

6. Pleadings arise from:

a) Material facts
b) Cause of action
c) Evidence
d) None of the above

7. A has filed a suit for specific performance. The Court after seeing the
merits of the case thinks that refunding of money would be the better
relief for the plaintiff.
a) Yes, the Court can give whichever is the best relief for the person
filing a suit.
b) No, the Court cannot give any relief unless it is specifically
claimed
c) Cannot be determined
d) None of the above

8. Material facts are:

a) The facts upon which the plaintiff’s cause of action for defendant’s
defence depends
b) The facts which must be proved inorder to establish the existence
of cause of action in defence
c) The facts of the party which proves that the other party does not
have the right to sue against them
d) All the above

9. Law of Pleadings apply to:

a) Writ
b) Representation of the People Act
c) Both (a) & (b)
d) Neither (a) nor (b)

10. Any changes to the pleading should be done after amendment of

pleadings except in the cases of:
a) Plea of limitation
b) Maintainability of Suit
c) Legal pleas
d) All the above