Prelims · objective

Kerala Civil Judge Prelims 2013 Question Paper with Answers

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

  1. Question 1 · Prelims

    What is the principle embodied in Sec.43 of the Transfer of Property Act?

    1. (A) Rule against perpetuity
    2. (B) Feeding the grant by estoppel
    3. (C) Doctrine of absolute necessity
    4. (D) Doctrine of election

    Answer: (B) Feeding the grant by estoppel

  2. Question 2 · Prelims

    Which among the following is the document which is not compulsorily attestable?

    1. (A) Sale deed
    2. (B) Gift deed
    3. (C) Mortgage deed
    4. (D) Unprivileged Will

    Answer: (A) Sale deed

  3. Question 3 · Prelims

    One among the following four provisions in the Kerala Buildings (Lease and Rent Control) Act is different from the other three. Identify it?

    1. (A) Sec. 11 (8)
    2. (B) Sec.11 (7)
    3. (C) Sec.11 (3)
    4. (D) Sec. 11 (2)

    Answer: (B) Sec.11 (7)

  4. Question 4 · Prelims

    An appeal has been preferred against a decree passed ex parte. The appeal is dismissed. Thereafter an application is filed under rule 13 of Order IX of the Code of Civil Procedure for setting aside the ex parte decree. Will such an application lie?

    1. (A) No application shall lie after the dismissal of the appeal
    2. (B) No application shall lie unless the dismissal of the appeal was before the appearance of the respondent in the appeal
    3. (C) No application shall lie unless the leave of the appellate court is obtained within two weeks from the date of dismissal of the appeal
    4. (D) No application shall lie unless the dismissal of the appeal was on the ground that the appellant had withdrawn the appeal.

    Answer: (D) No application shall lie unless the dismissal of the appeal was on the ground that the appellant had withdrawn the appeal.

  5. Question 5 · Prelims

    A property was attached under a precept. The Court which issued the precept did not extend the period of the attachment. Nor was the decree transferred to the Court to which the precept was issued. How long the attachment shall continue?

    1. (A) Till the attachment is terminated by the Court which issued the precept
    2. (B) Six months
    3. (C) Two months
    4. (D) One month

    Answer: (C) Two months

  6. Question 6 · Prelims

    A simple mortgagee files a simple suit for money and obtains a decree. He

    1. (A) shall be entitled to bring the mortgaged property to sale in execution of the said decree
    2. (B) shall be entitled to bring the mortgaged property to sale in execution of the said decree only if he obtains special leave of the court, and the court shall grant such leave only if it is satisfied that there are special reasons for not instituting a suit for sale in enforcement of the mortgage.
    3. (C) shall not be entitled to bring the mortgaged property to sale otherwise than by instituting a suit for sale in enforcement of the mortgage, and he may institute such suit and bring the mortgaged property to sale in execution of that decree.
    4. (D) shall not be entitled to bring the mortgaged property to sale otherwise than by instituting a suit for sale in enforcement of the mortgage, and he cannot institute such a suit subsequently since he has forfeited his such right and also in view of the bar contained in rule 2 of Or.II of the Code of Civil Procedure.

    Answer: (C) shall not be entitled to bring the mortgaged property to sale otherwise than by instituting a suit for sale in enforcement of the mortgage, and he may institute such suit and bring the mortgaged property to sale in execution of that decree.

  7. Question 7 · Prelims

    Which one among the following is not common to mortgage and charge?

    1. (A) Security for the payment of money
    2. (B) Right to redeem
    3. (C) No merger in case of subsequent encumbrance
    4. (D) Transfer of interest in immovable property

    Answer: (D) Transfer of interest in immovable property

  8. Question 8 · Prelims

    The Court may at any stage of the proceedings order to be struck out any matter in any pleading

    1. (A) which may be doubtful
    2. (B) which may be unnecessary
    3. (C) which may be untrue
    4. (D) which may be illegal

    Answer: (B) which may be unnecessary

  9. Question 9 · Prelims

    If the indorser signs his name only,

    1. (A) the indorsement is said to be in blank
    2. (B) the indorsement is said to be in full
    3. (C) there is no indorsement at all
    4. (D) here is indorsement but defective, and it may be cured with the express consent of the indorsee.

    Answer: (A) the indorsement is said to be in blank

  10. Question 10 · Prelims

    Until the contrary is proved it shall be presumed that a lost promissory note was

    1. (A) unstamped
    2. (B) insufficiently stamped
    3. (C) duly stamped
    4. (D) time barred

    Answer: (C) duly stamped