BAR COUNCIL of Tamil Nadu & Puducherry

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Civil Judge Exam – 2023 –
District Judge / Asst. Public Prosecutor Exams.
Prepared by
Mr. SHANGAR MURALI
ADVOCATE MADRAS HIGH COURT

1. An order rejecting the plaint for non payment of court fee is

a) Judgment
b) Not a decree
c) Decree
d) None of the above.

2. Which of the following is a decree?

a) Rejection of plaint
b) An order under Order XXI Rule 58 CPC
c) both (a) and (b)
d) None of the above

3. If the plaint is rejected for non payment of court fee the remedy
is
a) Revision
b) Regular appeal
c) Writ
d) Civil Miscellaneous Appeal

4. The essence of the claim for measne profit is

a) Possession
b) Wrongful possession of the defendant
c) Enjoyment of the property
d) None of the above

5. Rejection of an application for leave to sue informa pauperies

is a / an
a) Decree
b) Not a decree
c) Appealable order
d) None of the above

6. Which of the following proposition is correct?

a) Judgment follows decree
b) Decree follows judgment
c) Decree and judgment must be drawn together
d) None of the above

7. Which of the following is /are decree/s

a) order of abatement of a suit
b) dismissal of appeal as time barred
 c) dismissal of the suit for want of evidence
d) all the above

8. Order refusing to set aside sale is a/ an

a) Decree
b) Not a decree
c) Appealable order
d) None of the above

9. In which of the following cases, the code of Civil Procedure 1908 provides
for passing a preliminary decree?
a) Suits for dissolution of partnership
b) Suits for accounts between principal and agent
c) Suits for partition and separate possession
d) All the above

10.In which of the following cases the CPC 1908 provides passing of
preliminary decree?
a) Suit for forclosure of mortgage
b) Suit for partition
c) Suit for redemption of mortgage
d) All the above

11.Judge is defined as the Presiding Officer of a civil court under which of the
section in the Code of Civil Procedure 1908
a) Section 2(8)
b) Section 2 (4)
c) Section 2(5)
d) Section 2(2)

12.Under section 2 (7-A) of CPC the High Court in relation to Andaman

Nicobar islands means
a) Calcuatta High Court
b) Mumbai High Court
c) Allahabad High Court
d) Madras High Court

13. A decree passed without jurisdiction is

a) Irregular
b) Improper
c) Curable
d) Nonest

14. An issue can be an

a) Issue of fact
b) Issue of law
c) Issue of fact and law
d) Issue of fact ,issue of law and issue of fact and law

15. Which of the following is the pleading of the defendant?

a) Suit
 b) Plaint
c) Affidavit
d) Written statement

16. Which of the following is the duty of court?

a) Expounding jurisdiction
b) Expanding jurisdiction
d)Acquiring jurisdiction
d) None of the above

17. Which of the following is not a suit of civil nature

a) Suit relating to right of worship
b) Suits for upholding dignity or honour
c) Suit relating to taking out religious processions
d) None of the above

18. Provision regarding Res subjudice is

a) Discretionary
b) Declaratory
c) Mandaory
d) Directory

19.In two suits between same parties involve same subject matter
and same questions then which of the following suit should be
stayed
a) Former
b) Subsequent
c) Both
d) none of the above

20. The rule of “Constructive Resjudicata” is

a) A product of judicial interpretation
b) A rule of equity
c) Contained expressly in the CPC
d) A part of the Supreme Court rules

21. The doctrine of resjudicata is not applicable to the writ of

a) Habeus Corpus
b)Certiorari
c) Mandamus
d) Quo - warranto

22. Is the principle of resjudicata applicable to criminal

proceedings?
a) Yes
b) No
c) Depends
d) None of the above

23. The Concept of constructive resjudicata is nothing else but a

rule of estoppel. The statement is
 a) Correct
b) Incorrect
c) Partly correct
d) None of the above

24. Can the plea of resjudicata be waived?

a) Yes
b) No
c) Depends
d) None of the above

25.Which of the following explanation to section 11 of CPC 1908

deals with constructively in issue?
a) Explanation II
b)Explanation III
c) Explanation IV
d) Explanation V

26. Will an exparte decree operate as resjudicata?

a) Yes
b) No
c) Depends
d) None of the above.

27. Which of the following is not a decree

a) dismissal in default
b) rejection of plaint
c) order under section 47 CPC
d) both (a) & ( c)

28. A decree holder

a) need not be a party to the suit

b) the term is not confined to plaintiff
c) both a & (b)
d) neither (a) nor (b)

29. Judgment under section 2(9) means

a) decree
b) dismissal of an appeal summarily
c) statement of grounds of an order or decree
d) all the above

30. ‘Measne profits’ as defined under section 2(12) means

a) those profits which the person in wrongful possession of such property
actually received or might have received together with interest excluding the
improvements made by such person.
 b) those profits which the person in wrongful possession of
property actually received including profits due to
improvements made by such person

c) those profits which the person in wrongful possession of such property

actually received or might have received but without interest on such profits

d) those profits which the person in wrongful possession of

such property actually received

31.Under section 13 of CPC, foreign judgment can be challenged

on the grounds

a) competency of the court pronouncing the judgment

b) being obtained by fraud
c) sustaining a claim founded on a breach of law in force in
in India
d) all the above

32. Under section 15 of CPC the suit shall be filed before

a) the District Court

b) the court of the lowest grade
c) the court of the highest grade
d) all the above

33. A suit for damages for breach of contract can be filed at a place

a) where the contract was made

b) when the contract was to be performed or breach occurred
c) any where in India
d) both (a) & (b)

34.Objection to the place of suing

a) can only be taken before the court of first instance at the earliest possible
opportunity
b) can be taken before the appellate court for the first time
c) can be taken before the court of revision for the first time
d) all the above

35. Under section 32 of CPC to compel the attendance of a person

to whom a summon has been issued under section 30 of CPC
the court is empowered to

a) issue warrant for his arrest

b) attach and sell his property
c) impose a fine not exceeding Rs. 5,000/-
d) either (a) or (b) or ( c)
36. The Court can reject the plaint under Order VII Rule 11(e) CPC
if it is not filed in
a) triplicate
b) duplicate
c) quadruplicate
d) Only (c ) and not (a) or (b)

37. The concept of ratable distribution of the sale proceeds in

Execution proceedings amongst decree holders is contained in

a) Section 73 of CPC
b) Section 74 of CPC
c) Section 75 of CPC
d) Section 76 of CPC

38. On rejection of a plaint under Order VII Rule 11 of CPC, a

fresh suit on the same cause of action under Order VII Rule 13
of CPC

a) barred under all circumstances

b) is not barred at all
c) can be filed with the leave of the court
d) either (b) or (c)

39. Consequent to failure of conciliation the Presiding Officer of

the Conciliation Forum can refer the matter again to court
under
a) Order X rule 1B of CPC
b) Order X Rule 1C of CPC
c) Order X Rule 3 of CPC
d) Order X Rule 4 of CPC

40. List of Witnesses after settlement of issues, must be filed

within

a) 15 days
b) 30 days
c) 45 days
d) 60 days

41. Order II Rule 2 of CPC does not apply to

a) application for execution

b) writ petition
c) both (a)& (b)
d) neither (a) nor (b)

42. Pleading must state

a) facts
b) law
c) evidence
 d) all the above

43.Pleadings can be amended

a) before trial court

b) before the first appellate court
c) before the second appellate court
d) all the above

44. For the purpose of Order XIV Rule 4 of CPC court may adjourn
the framing of issues to a date not later than

a) 7 days
b) 10 days
c) 14 days
d) 30 days

45.Set- off is a

a) reciprocal agreement between the plaintiff and defendant

b) reciprocal ascertainment of debts between the parties
c) both (a) & (b)
d) Neither (a) nor (b)

46. Which of the following in respect of set-off is correct

a) set-off can be claimed in a suit for recovery of money

b) the amount claimed must be ascertained amount
c) the amount claimed to be set off must be legally recoverable and not
barred by limitation
d) all the above

47. If in any case in which the defendants sets up a counter claim

the suit of the plaintiff is stayed, discontinued, dismissed, the
counter claim
a) is liable to be stayed, discontinued, dismissed
b)can nevertheless be proceeded with
c)is liable to be stayed but not discontinued or dismissed
d)is liable to be dismissed and not stayed or discontinued

48. Under Order IX Rule 8 of CPC for non appearance of the

Plaintiff, a suit cannot be dismissed
a) if the defendant admitted the whole claim of the plaintiff
b) if the defendant admits the claim of the plaintiff in part to
the extent of claim admitted
c) both (a) and (b)
d) neither (a) nor (b)

49. Order IX Rule 6 of CPC provides for procedure when only the
plaintiff appears and defendant does not appear on the date of
hearing in the contingency
 a) when summons duly served on the defendant
b) when summons served on the defendant but not within sufficient time
c) when summons not duly served
d) all the above

50. Remedies available against an exparte decree include

a) appeal
b) review
c) application for setting aside the exparte decree
d) all the above