HCS (Judicial Branch) Preliminary Examination 2011
Question Number: 111-120
111. A suit filed on behalf of a minor can be
a. withdrawn at any time as a matter of right
b. cannot be withdrawn
c. withdrawn only with the leave of the court
d. none of the above
112. A witness who has already been examined can be recalled under Order 18, Rule 17 of CPC
a. by the party calling the witness
b. by the opposite party
c. by the court
d. none of the above
113. After dismissal of suit under Order 9, Rule 8 of CPC, a fresh suit on the same cause of action, under Order 9 Rule 9 of CPC
a. is barred
b. is not barred under any circumstances
c. is not barred subject to law of limitation
d. .none of the above
114.An executing court can go behind the decree where
a. the decree has been passed without jurisdiction-pecuniary, territorial. or subject-matter.
b. the decree is a nullity having been passed against a dead person Without bringing his legal representatives on the record.
c. where the decree is ambiguous
d. none of the above
115.Compromise under Order XXIII, Rule 3 of CPC
a. must be in writing and signed by the parties .
b. must be in writing but need not be signed by the parties
c. must be in writing but need not be lawful
d. None of the above
116. For the application of the principle res-subjudice, which of the following is essential
a. suits between the same parties or litigating under the same title
b. the two suits must be pending disposal in a court
c. the matters in issue in the two suits must be directly and substantially the same
d. none of the above
117. If a document, which ought to be produced in the court along with the pleadings, is not produced, under Order VII, Rule 14(3) of CPC at the hearing of the suit
a. the same shall not be received in evidence on behalf of the plaintiff
b. the same shall not be received in evidence on behalf of the defendant
c. the same shall not be received in evidence on behalf of third party
d. none of the above
118. Inherent powers under Section 151 of CPC are
a. discretionary in nature
b. in addition to the power conferred under the other provision of the Code
c. both (a) & (b)
d. none of the above
119. Legal representative under Section 2(11) of CPC means a person who is a
a. Relative of parties to the suit
b. co-sharer of the benefits assuming to the parties to the suit
c. who in law represents the estate of the deceased
d. none of the above
120. Lodging of caveat under Section 148-A of CPC
a. entitles the caveator to receive notice of the application
b. makes the caveator a party to the suit
c. both (a) & (b)
d. none of the above
