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Question Starts.

6. Under Order VII Rule 1 of CPC, the


1. The CPC extends to: number of adjournments that can be
a) The whole of India. granted to a party is restricted to
b) The whole of India, except a) Four
Jammu & Kashmir. b) Seven
c) The whole of India, except c) Three
Jammu & Kashmir, Nagaland d) Two
& its Tribal areas.
d) The whole of India, except
Jammu & Kashmir, the North 7. ‘Revision’ is provided under
East & its Tribal areas. a) Order XLVII Rule 1 of CPC
2. Clerical and arithmetical mistakes in b) Order XLII Rule 1 of CPC
judgments, decrees or order arising c) Section 112 of CPC
from any accidental slip or omission d) Section 115 of CPC
may be corrected under the following
section of CPC? 8. Review of a judgement can be on the
a) Section 152 ground of:
b) Section 153 a) Discovery of new and
c) Section 153 A important evidence not within
d) Section 153 B the knowledge of the party
concerned.
3. Which of the following statements b) Mistake of error of fact or law
regarding CPC is not correctly on the face of the record.
matched: c) Both (a) and (b).
a) Limitation – Order VII, Rule 6 d) Neither (a) nor (b).
b) Relief – Order VII, Rules 7 to 8
c) Return of Plaint – Order VII, 9. When a party is called upon by notice
Rules 9 to 10 to admit fact(s) by the other party,
d) Rejection of Plaint – Order VII, under Order XII, Rule 4 of CPC, the
Rule 11. party on whom the notice has been
4. “Legal Representative” defined under served has to admit the facts within
the CPC includes: a) 6 days of the service of notice
b) 7 days of the service of notice
a) A person who in law c) 8 days of the service of notice
represents the estate of a d) 9 days of the service of notice
deceased person.
b) A person who intermeddles 10. Civil Suit for administration of assets
with the estate of the belonging to living debtor
deceased. a) Is not maintainable
c) Only (a). b) Is maintainable
d) Both (a) and (b). c) Is maintainable at the option of
co-sharers
5. Which is not true of a “decree” under d) Is maintainable at the option of
the CPC: Court
a) Is final when adjudication
completely disposes of the 11. The right to property or to an office is
suit. contested in a suit under CPC. Such
b) May be partly preliminary. suit is a suit of:
c) May be partly final. a) Constitutional nature
d) Is always preliminary because b) Civil nature
an appeal can lie against the c) Criminal nature
decree. d) Both Civil and criminal nature
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15. “Revenue Court” under CPC:
12. Res Judicata under CPC connotes a) Means a court having
that: jurisdiction under any local law
a) No court shall try any suit or to entertain suits or other
issue in which the matter proceedings relating to the
directly and substantially in rent of land used for
issue has been directly and agricultural purposes.
substantially decided in a b) Means a court having
former suit between the same jurisdiction under any local law
parties. to entertain suits or other
b) “Former suit” denotes any prior proceedings relating to
suit in which the same issue revenue or profits of land used
has been directly and for agricultural purposes.
substantially decided c) Does not include a civil court
irrespective of the parties. having original jurisdiction
c) The competence of the court is under CPC to try such suits or
terminated irrespective of any proceedings as being suits or
provisions as to a right of proceedings of a civil nature.
appeal from the decision of d) Both (a) and (b).
such court.
d) Both (a) and (c). 16. After service of summons, a
defendant is required to file a written
statement in his defense within:
a) 30 days
13. Which among the following is true b) 60 days
about “Stay of Suit” in CPC: c) 90 days
a) The pendency of a suit in a d) 180 days
foreign court does not
preclude the courts in India 17. A judgement passed by a court can
from trying a suit founded on be reviewed:
the same cause of action a) By the court passing the
b) No court shall proceed with a judgement.
trial of any suit in which the b) By the Court of District Judge
matter in issue is always c) By the High Court
directly or substantially in d) By the Supreme Court.
issue in a previously instituted
suit between the same parties.
c) Neither (a) nor (b). 18. To compel the attendance of a
d) Both (a) and (b). person to whom summon is issued,
the court can:
14. The word “Pleader” under CPC a) Issue a warrant for his arrest.
means / includes: b) Attach and sell his property.
a) Any person entitled to appear c) Impose a fine, not exceeding
and plead for another in court. rupees five thousand.
b) An advocate, a Vakil and an d) All of the above.
Attorney of the High Court
c) Only (a) 19. Under CPC the place in which any
d) Both (a) and (b). civil court is held for the purpose of
trying any suit is deemed to be:
a) An open court.
b) A closed court.
c) A judge’s chamber.
d) None of the above.
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20. Under Order XIV Rule 5 the court can 24. Which is the most appropriate
at any time: statement regarding execution of a
a) Amend the issues before decree under CPC?
passing a decree. a) CPC does not provide for
b) Frame additional issues. execution of a decree.
c) Strike out any issue that b) CPC provides that a decree
appears to be wrongly framed can be executed by the court
or introduced which passed it.
d) Both (a), (b) and (c). c) CPC provides that a decree
can be executed either by the
court which passed it or by the
21. When a suit Is instituted in the name court to which it is sent for
of a wrong person as plaintiff, the execution.
court has power to: d) CPC provides that a decree
a) Order any other person to be can be executed by the court
substituted as a plaintiff. to which it is sent for
b) Order any other person to be execution.
added as a plaintiff. 25. When a party fails to present written
c) Reject the suit. statement called for by the court:
d) Both (a) and (b). a) The court shall pronounce
judgement against him
b) The court shall make order in
22. Which of the following statement is relation to the suit as it thinks
true about sections 122 and 125 of fit.
the CPC in respect of the word c) The court shall draw up a
“rules”: decree on pronouncement of
a) “Rules” means rules and forms such judgement.
contained in the First Schedule d) Any of (a), (b) or (c).
or sections 122 and 125 of the
CPC 26. Before the enactment of the Transfer
b) “Rules” means rules and forms of Property Act, 1882, the Courts
contained only in sections 122 were forcing to decide property
and 125 of the CPC disputes according to their own
c) “Rules” include rules and notion and justice and fairplay,
forms contained in the CrPC a) because judges were making
d) “Rules” include rules own laws
prescribed under the CPC and b) because of absence of any
all other rules and regulations. specific statutory provisions on
the property matters
c) because British Judges were
23. When it appears to the court that any confused with Indian property
joinder of defendants may embarrass disputes
or delay the suit, the court: d) because judges were
a) May order separate trials educated in British property
b) Is bound to order joint-trial law
c) Has power to eject the suit in
toto 27. The Transfer of Property Act, 1882,
d) All the above came into effect from:
a) 17th February, 1882
b) 17th March, 1882
c) 1st June, 1882
d) 1st July, 1882

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28. Under the Transfer of Property Act, 33. Under the Transfer of Property
1882, an instrument means: Act, 1882, the term “attested”
a) Testamentary instrument means:
b) Non-testamentary instrument a) Attested by two or more
c) Both testamentary instrument witnesses
and non-testamentary b) Attested by one witness only
instrument c) Attested by two witnesses only
d) None of the above. d) No condition prevails.

29. “Registered” under the Transfer of 34. The chapters and sections of the
Property Act, 1882, pertains to: Transfer of Property Act, 1882,
a) registration of property which relate to contracts shall be
b) registration of documents part of:
c) registration of parties a) The Indian Registration Act,
d) registration of transfer 1908.
30. According to the provisions of the b) The Sales of Goods Act, 1930
Transfer of Property Act, 1882, all c) The Indian Contract Act, 1872
interest in property restricted in its d) The Transfer of Property Act,
enjoyment to the owner personally 1882, as amended
cannot be transferred by him:
a) the statement is false 35. Under Transfer of Property Act,
b) the statement is true 1882, where a writing is not
c) the statement does not exist expressly required by:
d) none of the above a) a transfer of property is subject
to only writing
31. A mere right to sue under the b) no provision of oral transfer is
provisions of the TP Act, 1882, can made
be transferred. The statement is: c) a transfer of property may be
a) True. made without writing in every
b) False. case
c) Partly true. d) none of the above
d) No such provision is made in the 36. Rule against accumulation is
Act. given under which section of the
Transfer of Property Act, 1882?
32. Under the Transfer of Property Act, a) Section 31
1882, "attached to earth" means: b) Section 27
i) rooted in the earth, as in the case c) Section 21
of trees and shrubs; d) Section 17
ii) imbedded in the earth as in the
case of walls and buildings; or 37. Under the provision of the
iii) Attached to what is so imbedded Transfer of Property Act, 1882,
for the permanent beneficial the unborn person acquires
enjoyment of that to which it is vested interest on transfer for his
attached. benefit
a) Upon his birth
a) only (i) and (ii) are correct b) 7 days after his birth
b) only (ii) and (iii) are correct c) Just 2 days after his birth
c) only (i) and (iii) are correct d) No such provision is made in
d) all (i), (ii) and (iii) are correct. the Act .

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38. A transfers property to B for life 43. Under section 6 of the Transfer of
and after his death to C and D, Property Act, 1882, a right to
equally to be divided between future maintenance:
them, or to the survivors of them. a) Can be transferred.
C dies during life of B. D survives b) Cannot be transferred.
B. At B’s death the property c) No such provision is made in
a) shall pass to any person the Act
b) shall pass to D d) None of the above.
c) shall pass to person who is
specifically named in 44. Living person as defined under
transfer the Transfer of Property Act,
d) none of the above. 1882, includes:
a) Company, association or body
39. In the Transfer of Property Act, of individuals
1882, sections 33 to 37 apply to b) Individual human beings only.
both immovable and movable c) Only important companies or
property whereas sections 38 to associations
53 apply to: d) Only individual human beings,
a) movable property only which the Act expressly
b) immovable property empowers to transfer.
c) both movable and immovable
property 45. The provisions of some sections
d) none of the above of the Transfer of Property Act,
1882, shall not apply in case of a
40. A lessee cannot appeal under transfer of property for the benefit
section 51 of the Transfer of of the public in the advancement
Property Act, 1882. The statement of religion, knowledge, commerce,
is: health, safety or any other object
a) True beneficial to mankind, as per the
b) False provisions of section 18. These
c) Partly true sections are:
d) None of the above a) 14, 16 and 17
b) 14, 15, 16 and 17
41. If there are several purchasers, c) 14, 15 and 18
the seller is not concerned with d) 14, 16 and 18
the proportion to be paid by each,
but he has a charge on the whole 46. The section 41 of the Transfer of
property: Property Act, 1882, is the
a) For the unpaid purchase statutory application of the law of
money. estoppel. The statement is:
b) For the paid up money only. a) True
c) Only (b) is correct. b) False
d) None of the above. c) Partly true
d) None of the above

42. A gives Rs 500 to B on condition 47. The terms “good faith” in section
that he shall marry A’s daughter 51 of the Transfer of Property Act,
C. At the date of the transfer C 1882 is used in the light of:
was dead. The transfer is a) The Sales of Goods Act, 1930
a) Void b) The General Clauses Act,
b) Valid 1897
c) Voidable c) The Indian Contract Act, 1872
d) Invalid d) None of the above
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48. The doctrine of part performance 53. Which statement is correct?
for sale of immovable property is a) Proposal + acceptance =
envisaged under which section of promise
the Transfer of Property Act, b) Promise + consideration =
1882? agreement
a) Section 43 c) Agreement + enforceability =
b) Section 43A contract
c) Section 53 d) All of the above
d) Section 53A

49. Under the provision of the 54. Under the provision of Indian
Transfer of Property Act, 1882, Contract Act, 1872, love and
which among the following is not a affection is an exception to the
mortgagor’s right? general rule?
a) Right to inspection and a) Past consideration is no
production of documents consideration
b) Right to reasonable waste b) A contract without
c) Only (a) is correct consideration is void
d) Both (a) and (b) are correct c) Both are correct
d) None of the above
50. When a mortgagor dies, his heir is
liable to pay the public charges
viz. Government revenue and 55. Which of the following(s) is/are
municipal taxes. The statement is: ‘void agreement(s)’ according to
a) True within the meaning of Indian Contract Act, 1872?
section 65 of the TP Act, a) An agreement in restraint of
1882 marriage
b) False within the meaning of b) An agreement in restraint of
section 65 of the TP Act, trade
1882 c) Both (a) and (b) are correct
c) Partly true within the d) Neither (a) nor (b) is correct
meaning of section 65 of
the TP Act, 1882
d) None of the above 56. A owes money to B under a
contract. It is agreed between A,
51. When a person expresses his B and C that B shall thenceforth
opinion to do a thing for getting accept c as his debtor instead of
his approval is called: A. The consequence of the above
a) An offer agreements is that:
b) Acceptance of an offer a) The old debt of A to B is still
c) Communication of an offer conditional.
d) Communication of acceptance b) A new debt from C to B has
been contracted.
c) C has to pay A the money
52. If one party gives offer to another received from B.
party, then such another party d) B has the option to pay the
becomes: debt to A.
a) Promiser
b) Promisee
c) Offerer
d) Offerree

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57. A agrees to buy from B a certain 62. X offers to sell his house for Rs.
horse. Later it turns out that the 10,00,000 to anyone who is willing
horse is dead at the time of to pay the price. Y finds the offer
bargain. But neither A nor B was price reasonable and conveys his
aware of the fact that the horse acceptance to Z, a very close
was dead. Such agreement is: friend of X, stating that the
a) Void message should be conveyed
b) Voidable immediately so that other
c) Partly void prospective buyers may not
d) Partly voidable accept the offer before him. Is
there a binding acceptance by X?
a) No, because Y did not convey
the message immediately.
58. A “consideration” under the Indian b) No, because the message was
Contract Act, 1872, may be: not conveyed to A himself.
a) Present c) Yes, because the message
b) Past was conveyed to a very close
c) Future friend.
d) One among (a), (b) and (c). d) Yes, because Y has conveyed
his acceptance.

59. An agreement not enforceable by


law is: 63. Communication of offer or
a) Valid proposal becomes complete
b) Voidable when:
c) Quasi-contract a) It comes to the knowledge of
d) Void any third party
b) The offer or the proposal has
been sent ordinarily
c) It comes to the knowledge of
60. In a valid contract, what comes the offerree or to the person to
first: whom the offer or the proposal
a) Proposal is made
b) Promise d) None of the above.
c) Acceptance
d) Enforceability
64. Generally a proposal may be
revoked at any time before
communication:
61. Mistake of fact: a) Of its acceptance
a) Makes a contract voidable b) Of its proposal
b) Does not make a contract c) Of its approval by a third party
voidable d) Both (a) and (b)
c) Makes a contract void
d) None of the above

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65. A offers to sell his car to B for Rs. 69. Tomba says, “Chaoba, if you are
1,00,000. Robert accepts all the willing to pay Rs. 500 for my gold
terms and conditions for sale and Rs. watch now, I will give it
100 as advance for sale. A laughs immediately”. Chaoba replied, “If
and believing that B will pay the rest you say so, I will give you Rs. 500
later on accepts the money. There is: now”. Tomba says, “Okay”. There
a) No contract, because Rs. 100 is:
is too small advance for buying a) An agreement for sale since
a car worth Rs. 1,00,000. Tomba says okay.
b) No contract, because A takes b) No agreement for sale since
it as a kind of joke. Tomba did not pay Rs. 500
c) Contract, because B paid a immediately.
consideration of Rs. 100. c) No agreement for sale since
d) Contract, because B promises Rs. 500 is too small for the
to pay the remaining amount gold watch.
later. d) No agreement for sale since
Tomba believes that Chaoba
66. A offers to sell her book to B for Rs. does not have Rs. 500 at that
100. B says that she is willing to pay time.
only Rs. 80. Priya says nothing.
There is: 70. Henry, aged 17 years, and Sally,
a) A contract for sale at Rs.80. aged 17 years, agree to marry each
b) A contract for sale at Rs. 100 other. The agreement is:
since A says nothing to the a) Valid, since both agree to the
change in the term of offer. marriage.
c) No contract for sale since B b) Voidable, at the option of
did not pay Rs.80 immediately. Henry.
d) No contract for sale since B c) Voidable, at the option of
has changed the term of offer. Sally.
( d) Void, being unlawful.
67. The object of an agreement or
consideration is lawful when:
a) It is not forbidden by law 71. Ibohal made a written contract with Boyai
b) It does not defeat the provision whereby Boyai has to paint the house of
of law Ibohal for which he will get Rs. 20,000.
c) It does not involve injury to any Shortly after signing the contract, Boyai
person or any property told Ibohal, “after the job is done, give
d) All the above the money to my daughter Sana. Since
she is marrying soon, I want to give her a
68. A person finds goods belonging to X surprise gift”. Sana is aware of the
and takes the goods to his own statement and later she marries. Soon
home, than the person has: thereafter Boyai asks Ibohal to pay him
a) Not to return the goods to X the amount instead of paying his
b) To give any amount as daughter, since her husband is a
compensation to X at his own drunkard. Against whom can Sana
discretion enforce her agreement to pay her Rs.
c) To keep half and pay 20,000:
compensation for half the a) Ibohal
goods to X b) Boyai
d) To return the goods to X c) Both Ibohal and Boyai
d) Neither Ibohal nor Boyai

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72. An agreement is a: 78. The provisions of section 3 of the
a) Promise with consideration Limitation Act 1963 are:
b) Promise only a) Mandatory
c) Proposal only b) Directory
d) Offer only c) Discretionary
73. An agreement enforceable by law is d) Optional
a:
a) Reciprocal promise 79. Time which has begun to run can be
b) Mere agreement excluded in case of:
c) Contract a) Minority
d) Quasi contract b) Insanity
74. X contracts with Y that if X practices c) Idiocy
as an advocate in Manipur, he will d) None of the above
pay Y Rs. 10,000. X practices as an
advocate in Manipur. Y is entitled to
such compensation: 80. In computing the period of limitation
a) An amount a little more than for appeal, review or revision, the
Rs. 10,000 time requisite for obtaining a copy of
b) An amount a little less than the decree or order appealed shall
Rs. 10,000 be:
c) Rs. 10,000 or as the court a) Included
thinks reasonable b) Excluded
d) None of the above c) Partly included
d) Partly excluded
75. X and Y jointly owe Rs. 500 to Z. X
alone pays the amount to Z, and Y
not knowing the fact pays Rs. 500 81. For a suit filed by or on behalf of
again to Z. Then Z is: Central Government or any State
a) Bound to repay the amount to Government, the period of limitation
Y is
b) Not bound to repay the a) one year
amount to Y, because it is his b) three years
fault c) twelve years
c) Bound to repay half the d) thirty years.
amount to Y
d) None of the above.
82. A judgement was passed on
76. The delay under the provision of 10.07.2016, and the decree prepared
Limitation Act, 1963, can be on 25.07.2016. An application for
condoned on certified copy was made on
a) an oral application 11.07.2016 and the certified copy
b) a verbal application was ready on 01.08.2016, and
c) a written application delivery of certified copy was taken
d) either (a) or (b) or (c) on 05.08.2016, under section 12 of
77. Limitation for filing an appeal the Limitation Act, the period to be
commences from excluded is
a) the date of signing of the a) 10.07.2016 to 01.08.2016
decree b) 10.07.2016 to 05.08.2016
b) the date of judgement c) 11.07.2016 to 01.08.2016
c) the date of application for copy d) 11.07.2016 to 05.08.2016.
of the judgement
d) the date of availability of copy
of the judgement
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83. An appreciation for special leave to 88. Section 22 of the Limitation Act,
appeal to the Supreme Court can be 1963, refers to the case of:
filed within a) Successive breach of contract
a) 30 days to 180 days b) Continuing breach of contract
depending upon the subject- c) Both (a) and (b)
matter d) Neither (a) nor (b).
b) 30 days to 90 days depending
upon the subject-matter 89. Time excluded has to be considered
c) 60 days to 180 days on the basis of
depending upon the subject- a) Information available from the
matter copy judgement/decree placed
d) 60 days to 90 days depending on record
upon the subject-matter. b) Information as to copies
obtained by the parties for
84. Period of limitation for enforcement of court purposes
a decree of mandatory injunction is c) Information as to copies
a) 1 year obtained by the parties for
b) 2 years others purposes
c) 3 years d) Information as to copies not
d) 12 years placed on record but made
available to the court.
85. Period of limitation for suits relating to
immovable property is
a) 3 years to 12 years 90. Under Section 12(2) of the Limitation
b) 12 years Act, 1963, the time taken / lapsed
c) 3 years to 30 years between the date of judgement and
d) 30 years the date of decree has to be:
a) Excluded without any
86. ‘Time requisite’ under section 12(2) of application for certified copy
Limitation Act means having been made during the
a) minimum time period
b) maximum time b) Excluded only when an
c) actual time taken application for certified copy
d) absolutely taken time. having been made during the
period
c) Excluded in both (a) and (b)
87. An application for condonation of d) Excluded in neither (a) nor (b).
delay under section 5 Limitation Act
a) has to be considered by the
court on merits, however the 91. For condonation of delay under
order may not be passed with section 5 of the Limitation Act 1963:
reasons a) Length of delay is the main
b) has to be considered by the criterion
court on merits, however it is b) Length of delay has no
discretionary for the to pass relevance, but acceptability of
order with or without reasons the explanation is the only
c) has to be considered by the criterion,
court on merits and order has c) Length of delay certainly
to be passed with reasons matters apart from the
d) has to be considered by the acceptability of the explanation
court on merits, however the d) Either (a) or (c)
order need not be passed with
reasons.
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92. The period of limitation in any suit for 98. Which is not correct of law of
which no period of limitation is limitation
prescribed in the Schedule is: a) Limitation bars the judicial
a) One year remedies
b) Two years b) Limitation is negative in its
c) Three years operation
d) Four years c) Limitation is procedural law
d) Limitation bars the extra
judicial remedies
93. Period of limitation for a review of the
judgement is 99. The period spent in prosecuting the
a) 180 days case in the Consumer Forum can be:
b) 90 days a) Included
c) 60 days b) Excluded
d) 30 days c) Partly included
d) Partly excluded

94. An acknowledgement 100. Under section 17 of the Limitation Act


a) Extinguishes the original 1963, the limitation starts running
cause of action from:
b) Creates a new cause of action a) The date of the mistake
c) Merely confirm a liability b) The date of discovery of the
d) All of the above. mistake
c) Either (a) or (b), depending on
the facts and circumstances of
95. All instruments for the purpose of the the case
Limitation Act, 1963, shall be deemed d) Either (a) or (b), as per the
to be with reference to: direction of the Court.
a) Gregorian Calendar
b) Swiss Calendar Question Ends.
c) English Calendar
d) Roman Calendar

96. A suit for arrears of maintenance can


be filed within
a) One year
b) Two years
c) One to three years
d) Three years.

97. Period of limitation for suits relating to


trusts and trust property is
a) 1 year
b) 1 year to 3 years
c) 3 years to 12 years
d) 12 years to 30 years

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