Solved Paper | UPPCS(J) Pre 2013 | Law Paper | Uttar Pradesh Judicial Service Civil Judge (Junior Division) Preliminary Examination- 2013

Wednesday, August 26, 2015

Uttar Pradesh Judicial Service Civil Judge (Junior Division) Preliminary Examination- 2013


Question Number: 121-130

121- Where a compromise was arrived between parties to a suit by playing fraud, misrepresentation or mistake and a decree was passed with the consent of the parties, then the suffering party may select which one of the following alternatives for setting aside such decree.
(a) Through Appeal
(b) Through Revision
(c) Through Review
(d) Through a second Suit
Ans.: (d)
122- The documents on which the plaintiff relies upon in support his claim shall be filed by him in the court
(a) Along with the plaint
(b) Within seven days from the date of order by the court for issue of summons.
(c) On the date fixed for forming of issues by the Court.
(d) At the time or before the hearing of the suit.
Ans.: (b)
123- Consider the following statement :
1. Where the High Court calls for the record of any case in its revisional jurisdiction, it operates as a stay of such case before the subordinate court.
2. No second appeal shall lie in money suits where the value of the subject matter does not exceed Rs. 25000
3. A plaintiff cannot be allowed by the court to sue afterwards for any relief omitted by him in the suit.
4. A plaintiff may relinquish any portion of his claim in order to bring the suit within the jurisdiction of any court.
Of the above statements :
(a) 1, 2 and 3 are incorrect.
(b) 2 and 3 are incorrect.
(c) 1 and 3 are incorrect.
(d) 1 and 4 are incorrect.
Ans.: (c)
124- Under code of Civil Procedure 1908, which one of the following is not exempted from personal appearance in the court.
(a) Ministers of Union
(b) Ministers of State
(c) Vice President of India
(d) Chairman of Public Service Commission.
Ans.: (d)
125- Inherent powers conferred under sections 151 of the Code of Civil Procedure 1908, may be exercised by the
(a) Supreme Court only
(b) High Court only
(c) District Court only
(d) Supreme Court, High Court, District Court as well as by any Civil Court.
Ans.: (d)
126- ‘A’ and ‘B’ sue ‘C’ for recovery of Rs. 1000. ‘C’ has a debt due to him by ‘A’ alone. Here ‘C’ can
(a) Set off the debt against 'B'
(b) Set off the debt against 'A'
(c) Set off the debt against 'A' and 'B' both.
(d) Cannot set off a debt due to him by 'A' alone.
Ans.: (d)
127- The term “prescribed” under section 2(16) of Civil Procedure Code, 1908 means
(a) Prescribed by court
(b) Prescribed by society
(c) Prescribed by rules
(d) None of the above
Ans.: (c)
128- Under the code of Civil Procedure, 1908, for the first time provision for compensatory costs in respect of false or vexatious claims or defenses, has been made under
(a) Section 35 of the Code
(b) Section 35 (B) of the Code
(c) Section 35 (A) of the Code
(d) Section 34 of the Code
Ans.: (c)
129- ‘A’ deposits a box of jewels with ‘B’ as his agent. ‘C’ alleges that the jewels were wrongfully obtained by ‘A’ from him and claims them from ‘B’. Here ‘B’
(a) Can institute interpleader suit against 'A'.
(b) Can institute interpleader suit against 'C'.
(c) Can institute interpleader suit against 'A' and 'C' both.
(d) Cannot institute interpleader suit against 'A' and 'C'.
Ans.: (c)
130- Point out the wrong statement :
(a) Where the defendant appears and the plaintiff does not appear, when the suit is called for hearing, the court shall dismiss the suit and the plaintiff shall be barred from filing a fresh suit on the same cause of action.
(b) No appeal may lie from an original decree passed exparte.
(c) The plaintiff may apply to the court which passed an exparte decree against him, for an order to set it aside.
(d) No court shall set aside a decree passed exparte merely on the ground that there has been an irregularity in the service of summon upon the defendant.
Ans.: (b)

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