Prelims · objective

HP Civil Judge Prelims 2018 Question Paper with Answers

112 questions. The first 10 questions are free to attempt. All HP Civil Judge papers

1. Question 1 · Prelims

   Which Section of Code of Civil Procedure, 1908 states that place of trial is to be deemed to be open court?

   1. (A) 153
   2. (B) 153-A
   3. (C) 153-B
   4. (D) 153-0

   Answer: (C) 153-B

2. Question 2 · Prelims

   What is the distinction between injunction order and attachment order?

   1. (A) There is no distinction, both are one and the same
   2. (B) Injunction order binds not only the parties to the but also third parties, whereas attachment order binds only parties to the suit
   3. (C) Injunction order binds only the parties to the suit, whereas attachment order not only binds the parties to the suit but also the third parties.
   4. (D) None of the above

   Answer: (C) Injunction order binds only the parties to the suit, whereas attachment order not only binds the parties to the suit but also the third parties.

3. Question 3 · Prelims

   The principle of "Feeding the Grant by Estoppel' is given under which provision of the Transfer of Property Act, 1882:

   1. (A) Section 19
   2. (B) Section 13
   3. (C) Section 43
   4. (D) Section 52

   Answer: (C) Section 43

4. Question 4 · Prelims

   The basic ingredient of the doctrine of Lis Pendens are:

   1. (A) The suit should be collusive
   2. (B) Property should have been transferred or otherwise dealt with
   3. (C) A litigation should be pending in a court of competent jurisdiction
   4. (D) The suit must not be related to a specific immovable property

   Answer: (C) A litigation should be pending in a court of competent jurisdiction

5. Question 5 · Prelims

   Under Section 40 of the Civil Procedure Code, where a decree is sent for execution in another State, it shall be sent to such Court and executed in such manner as may be prescribed by rules in force

   1. (A) In the State where the decree was passed
   2. (B) In the State where the decree was sent for execution
   3. (C) Either of the above
   4. (D) Neither of the above

   Answer: (B) In the State where the decree was sent for execution

6. Question 6 · Prelims

   Who amongst the following was not Judge of the Bench of the Supreme Court in deciding the case of "Nautej Singh Johar & Ors. Vs. Union of India through the Society, Ministry of Law and Justice?

   1. (A) Justice Rohinton F. Nariman
   2. (B) Justice A.M. Khanwilkar
   3. (C) Justice R. Banumati
   4. (D) Justice D.Y. Chandrachud

   Answer: (C) Justice R. Banumati

7. Question 7 · Prelims

   Can in any situation a suit, akin to public interest litigation, be instituted under Civil Procedure Code even though no special damage has been caused to persons willing to file the suit?

   1. (A) No, only a writ petition lies under Article 226 of the Constitution.
   2. (B) No, only a writ petition lies under Article 32 of the Constitution.
   3. (C) Yes, a suit can be instituted under Section 91 Civil Procedure Code.
   4. (D) Yes, a suit lies under a Section 92 Civil Procedure Code.

   Answer: (C) Yes, a suit can be instituted under Section 91 Civil Procedure Code.

8. Question 8 · Prelims

   A contract cannot be frustrated:

   1. (A) By change of circumstances
   2. (B) By initial impossibility
   3. (C) By subsequent impossibility
   4. (D) Due to negligence of either party

   Answer: (D) Due to negligence of either party

9. Question 9 · Prelims

   The previous conviction of a person is relevant under Indian Evidence Act, 1872 under:

   1. (A) Section 14 Explanation I
   2. (B) Section 14 Explanation II
   3. (C) Section 8 Explanation I
   4. (D) Section 8 Explanation II

   Answer: (B) Section 14 Explanation II

10. Question 10 · Prelims

    What is the limitation period in a suit by a landlord to recover possession from a tenant after the date the tenancy is determined?

    1. (A) One year
    2. (B) Two years
    3. (C) Six years
    4. (D) Twelve years

    Answer: (D) Twelve years