Prelims · objective

J&K Civil Judge Prelims 2023 (Paper II) Question Paper with Answers

44 questions. The first 10 questions are free to attempt. All J&K Civil Judge papers

1. Question 1 · Prelims

   Section 23 of the Registration Act, 1908 provides that a document other than a will shall not be accepted for registration unless presented for that purpose to the proper officer within:

   1. (A) Four months from the date of its execution
   2. (B) Six months from the date of its execution
   3. (C) Two months from the date of its execution
   4. (D) One months from the date of its execution

   Answer: (A) Four months from the date of its execution

2. Question 2 · Prelims

   Which of the following statement(s) is/are correct with regard to 'rights of mortgagee in possession', as per the provisions of the Transfer of Property Act, 1882? I. Amortgagee may spend such money as is necessary for supporting the mortgagor's title to the property. II. A mortgagee may spend such money as is necessary when the mortgaged property is a renewable lease-hold, for the renewal of the lease. III. A mortgagee may spend such money as is necessary to preserve the mortgaged property from destruction, forfeiture, or sale. IV. A mortgagee may spend such money as is necessary for making his own title thereto good against the mortgagor. Choose the correct option:

   1. (A) Only I and III are correct
   2. (B) Only I, III and IV are correct
   3. (C) I, II, III and IV are correct
   4. (D) Only I, II and IV are correct

   Answer: (C) I, II, III and IV are correct

3. Question 3 · Prelims

   As per the provisions of the Code of Civil Procedure, 1908, which one of the following can be filed only in the High Court?

   1. (A) Revision and Reference
   2. (B) Review and Second Appeal
   3. (C) Reference and Review
   4. (D) Revision and First Appeal

   Answer: (A) Revision and Reference

4. Question 4 · Prelims

   'A' transfers property to 'B' for life and after his death to 'C' and 'D', equally to be divided between them or to the survivor of them. 'C' dies during the life of 'B'. 'D' survives 'B'. As per the provisions of the Transfer of Property Act, 1882, upon whom will the property devolve after the death of B in the given situation?

   1. (A) It shall pass to 'C'.
   2. (B) It shall pass to the person who is specifically named in transfer, i.e., C and D.
   3. (C) It shall pass to 'D'.
   4. (D) It will not pass to any person.

   Answer: (C) It shall pass to 'D'.

5. Question 5 · Prelims

   'A' gives Rupees one lakh to 'B', reserving to himself, with 'B's assent, the right to take back at pleasure Rupees 10,000 out of the lakh. What would be the validity of such agift under the provisions of the Transfer of the Property Act, 1882?

   1. (A) The gift would be wholly void.
   2. (B) The gift would be valid.
   3. (C) The gift holds good as to Rupees 90,000, but is void as to the remaining amount of Rupees 10,000.
   4. (D) The gift is onerous.

   Answer: (C) The gift holds good as to Rupees 90,000, but is void as to the remaining amount of Rupees 10,000.

6. Question 6 · Prelims

   Which of the following statements is INCORRECT with regard to apportionment of benefit of obligation on severance, under the provisions of the Transfer of Property Act, 1882?

   1. (A) It does not apply to leases for agricultural purposes, unless and until the State Government by notification in the Official Gazette, so directs.
   2. (B) It is applicable in the case of leases for agricultural purposes.
   3. (C) If the duty cannot be severed, or if the severance would substantially increase the burden of the obligation, the duty shall be performed for the benefit of such one of the several owners as they shall jointly designate for that purpose.
   4. (D) No person upon whom the burden of the obligation lies, shall be answerable for failure to discharge it in manner provided by section 37 of the Act, unless and until (s)he has had reasonable notice of the severance.

   Answer: (B) It is applicable in the case of leases for agricultural purposes.

7. Question 7 · Prelims

   Which of the following statement(s) is/are correct with regard to 'counter-claim', as per the provisions of the Code of Civil Procedure, 1908? I. Counter-claim by defendant shall have the same effect as a cross-suit to enable the Court to pronounce a final judgment in the same suit, both on the original claim and on the counter-claim. II. Counter-claim by defendant shall be treated as a plaint and governed by the rules applicable to plaints. III. If in any case in which the defendant sets up a counter-claim, the suit of the plaintiff is stayed, discontinued, or dismissed, the counter-claim cannot be proceeded with. IV. Counter-claim of defendant shall not exceed the pecuniary limits of the jurisdiction of thecourt. Choose the correct option:

   1. (A) Only II and IV are correct
   2. (B) Only I, III and IV are correct
   3. (C) Only I, II and IV are correct
   4. (D) I, II, III and IV are correct

   Answer: (C) Only I, II and IV are correct

8. Question 8 · Prelims

   Which of the following statement(s) is/are correct with regard to 'suit in the name of wrong plaintiff'", as per the provisions of the Code of Civil Procedure, 1908? I. Where a suit has been instituted in the name of the wrong person as plaintiff, or where it is doubtful whether the suit has been instituted in the name of the right plaintiff, the Court may at any stage of the suit, if satisfied that the suit has been instituted through a bona fide mistake, and that it is necessary for the determination of the real matter in dispute so to do, order any other person to be substituted or added as plaintiff upon such terms as the Court thinks just. II. Any person can be added as a plaintiff suing without a next friend or as the next friend of a plaintiff, who is under any disability, even without his/her consent. III. The Court may at any stage of the proceedings, either upon or without the application of either party, and on such terms as may appear to the Court to be just, order that the name of any party improperly joined, whether as plaintiff or defendant, be struck out, and that the name of any person who ought to have been joined, whether as plaintiff or defendant, or whose presence before the Court may be necessary in order to enable the Court effectually and completely to adjudicate upon and settle all the questions involved in the suit, be added. Choose the correct option:

   1. (A) I, II and III are correct
   2. (B) Only I and II are correct
   3. (C) Only I and III are correct
   4. (D) Only I is correct

   Answer: (C) Only I and III are correct

9. Question 9 · Prelims

   Which of the following statement(s) is/are correct with regard to Second Appeal, as per the provisions of the Code of Civil Procedure, 1908? I. An appeal shall lie to the High Court from every decree passed in appeal by any Court subordinate to the High Court, if the High Court is satisfied that the case involves a substantial question of law. II. In an appeal under section 100 of this Code, the memorandum of appeal shall precisely state the substantial question of law involved in the appeal. III. An appeal cannot lie from an appellate decree which was passed ex parte. IV. Where the High Court is satisfied that a substantial question of law is involved in any case, it shall formulate that question. Choose the correct option:

   1. (A) Only I, III and IV are correct
   2. (B) I, II, III and IV are correct
   3. (C) Only I, II and III are correct
   4. (D) Only I, II and IV are correct

   Answer: (D) Only I, II and IV are correct

10. Question 10 · Prelims

    In the context of relevant provisions of the Transfer of Property Act, 1882, which of the following statement(s) is/are correct? I. The term 'attached to the earth' means rooted in the earth, as in the case of trees and shrubs. II. The term 'immovable property' includes standing timber, growing crops, or grass. III. The term 'attached to the earth' means attached to what is so imbedded for the permanent beneficial enjoyment of that to which it is attached. IV. A person is said to have notice of a fact when (s)he actually knows that fact, or when, but for wilful abstention from an enquiry or search which (s)he ought to have made, or gross negligence, (s)he would have known it. Choose the correct option:

    1. (A) Only I and II are correct
    2. (B) I, II, III and IV are correct
    3. (C) Only III and IV are correct
    4. (D) Only I, III and IV are correct

    Answer: (D) Only I, III and IV are correct