Prelims · objective

Kerala Civil Judge Prelims 2011 Question Paper with Answers

100 questions. The first 10 questions are free to attempt. All Kerala Civil Judge papers

  1. Question 1 · Prelims

    Which of the following statements is true?

    1. (A) the obligation under a contract can be transferred
    2. (B) the right under a contract cannot be transferred
    3. (C) the right under a contract can be transferred
    4. (D) the right and obligations under a contract can be transferred

    Answer: (C) the right under a contract can be transferred

  2. Question 2 · Prelims

    In a suit for specific performance of agreement for sale of immovable property the plaintiff gets title to the property when ________

    1. (A) the decree is passed
    2. (B) the sale deed is executed
    3. (C) the suit is filed
    4. (D) the sale consideration is paid

    Answer: (B) the sale deed is executed

  3. Question 3 · Prelims

    In a suit for specific performance of agreement for sale of an immovable property the defendant-seller denies readiness and willingness on the part of the plaintiff-buyer. In addition, he alleges mistake in the Survey Number of the property which according to him is the result of fraud.

    1. (A) The defendant may ask for correction in the same suit.
    2. (B) The defendant is not entitled to ask for correction in the same suit.
    3. (C) S. 92 Evidence Act bars evidence of it.
    4. (D) The defendant should file a separate suit for correction.

    Answer: (A) The defendant may ask for correction in the same suit.

  4. Question 4 · Prelims

    A lends Rs. 1,00,000/- to 'B'. 'C' and 'D' are sureties. 'A' institutes a suit against 'B' and 'C' alone for recovery of the amount.

    1. (A) the suit should be dismissed for non-joinder of 'D'
    2. (B) the plaint should be rejected for non-joinder of 'B'
    3. (C) the suit should be proceeded with
    4. (D) the plaint should be returned to implead 'D'.

    Answer: (C) the suit should be proceeded with

  5. Question 5 · Prelims

    The Munsiff Court at Kasaragod transferred to the Munsiff Court at Kozhikode a money decree for execution. In the course of the enquiry in the latter court it was proved that the J.D. was residing at Kasaragod. The Munsiff issued a notice under Order 21 rule 37 CPC. The order is ________

    1. (A) legal
    2. (B) without jurisdiction
    3. (C) improper only
    4. (D) Irregular only

    Answer: (B) without jurisdiction

  6. Question 6 · Prelims

    A decree against a public servant in respect of an act done by him in his official capacity can be executed

    1. (A) immediately
    2. (B) if the decree remains unsatisfied for two months
    3. (C) if the decree remains unsatisfied for three months
    4. (D) six months after the date on which a copy of the decree was delivered to the D.H.

    Answer: (C) if the decree remains unsatisfied for three months

  7. Question 7 · Prelims

    A suit was filed against five defendants. Defendants 2 to 4 want the first defendant to act for them.

    1. (A) It is sufficient for the 1st defendant to make a declaration in the court.
    2. (B) Defendants 2 to 4 should give an authorization in writing which shall be filed in court.
    3. (C) The first defendant or defendants 2 to 4 should get the permission of the court
    4. (D) It is necessary for the 1st defendant to file a declaration in court and get the leave of the court.

    Answer: (B) Defendants 2 to 4 should give an authorization in writing which shall be filed in court.

  8. Question 8 · Prelims

    A Munsiff Court at Thiruvananthapuram passed a decree for Rs. 1,00,000/-. On the application of the decree holder the court attached the property of the J.D. situated at Kottayam and sent the decree to the Munsiff Court at Kottayam for execution. The order is ________

    1. (A) legal
    2. (B) illegal
    3. (C) improper
    4. (D) irregular

    Answer: (B) illegal

  9. Question 9 · Prelims

    The bar under O.2 Rule 2 relates to ________

    1. (A) the grounds for reliefs
    2. (B) the reliefs
    3. (C) material particulars
    4. (D) material averments

    Answer: (B) the reliefs

  10. Question 10 · Prelims

    Choose the correct statement.

    1. (A) A cheque issued for a time barred debt, if dishonoured, does not attract S. 138 N.I. Act.
    2. (B) A pay order is not a cheque for the purpose of S. 138 N.I. Act.
    3. (C) The presumption u/s 139 N.I. Act can be rebutted only if the accused adduces evidence.
    4. (D) S.29 Cr.P.C. is not applicable to the offence u/s.138 N.I. Act.

    Answer: (B) A pay order is not a cheque for the purpose of S. 138 N.I. Act.