RJS Prelims Mock 9
You'll attempt 10 questions with instant scoring and explanations at the end. (90 more in the full paper.)
Sample questions from RJS Prelims Mock 9
The first 10 questions of this RJS Prelims Mock Tests paper, with answers and explanations.
Q1. Under Order VI, Rule 17 at any stage of proceedings the court can allow to alter or amend pleadings to:
- A. either party
- B. to plaintiff only
- C. to defendant only
- D. to only one defendant if there are more than one defendant
Reveal answer
Answer: A — either party
Order VI Rule 17 CPC allows the Court to permit either party to alter or amend his pleadings at any stage of the proceedings on such terms as may be just.
Q2. A defendant under Order V, Rule 1(1) of CPC is required to appear, answer the claimant to file the written statement:
- A. within 60 days from the date of service of summons
- B. within 45 days from the date of service of summons
- C. within 30 days from the date of service of summons
- D. within 90 days from the date of service of summons
Reveal answer
Answer: C — within 30 days from the date of service of summons
Under Order V Rule 1(1) CPC, the defendant shall appear and file written statement within 30 days from the date of service of summons.
Q3. For the purpose of Limitation Act, 1963, a suit in the case of a pauper, is instituted:
- A. When the plaint is presented to the proper office
- B. When application for leave to sue as a pauper is made
- C. When the application seeking leave to sue as a pauper is granted
- D. None of the above
Reveal answer
Answer: B — When application for leave to sue as a pauper is made
Under Section 3 Explanation & Order XXXIII CPC read with Limitation Act, a pauper suit is deemed instituted when the application for leave to sue as a pauper is made, not when it is granted.
Q4. A revision under section 115 of CPC shall not operate as a stay of suit or other proceeding before the court except where such suit or other proceeding is stayed by:
- A. the High Court
- B. the Supreme Court
- C. the Appellate Court
- D. District and Sessions Court
Reveal answer
Answer: A — the High Court
Under Section 115 CPC, a revision shall not operate as a stay unless the High Court stays the suit or proceeding.
Q5. Under section 91 of CPC, A suit alleging 'public nuisance' can be instituted by – (A) Advocate General (B) Two or more persons who suffered damage (C) Two or more persons with leave of Court even though no special damage (D) Member of local body. Which combination is correct?
- A. (A) & (B)
- B. (A) & (C)
- C. (B) & (D)
- D. (C) & (D)
Reveal answer
Answer: B — (A) & (C)
Under Section 91 CPC, a suit for public nuisance can be filed by (A) the Advocate General, or (C) two or more persons with the leave of the Court, even though no special damage has been caused to them.
Q6. Parties to appear on the day fixed in summons for defendant to appear and answer under which of the following in CPC?
- A. Order V, Rule 30
- B. Order IV, Rule 13
- C. Order IX, Rule 1
- D. Order X, Rule 22
Reveal answer
Answer: C — Order IX, Rule 1
Order IX Rule 1 CPC — Where on the day fixed in the summons for the defendant to appear and answer, the parties appear, the Court shall proceed to hear the suit.
Q7. The expenses for the service of summons to the defendant have to be borne, under Order V, Rule 9(3) of CPC, by:
- A. the plaintiff
- B. the court
- C. the defendant
- D. partly by the plaintiff and partly by the defendant
Reveal answer
Answer: A — the plaintiff
Under Order V Rule 9(3) CPC, the expenses of serving summons are to be borne by the plaintiff.
Q8. Under Order V Rule 15 of CPC, which one of the following is not considered as a member of the family?
- A. any adult male member of his family
- B. any adult female member of his family
- C. a servant engaged by the defendant at his residence
- D. None of the above
Reveal answer
Answer: D — None of the above
Under Order V Rule 15 CPC, substituted service can be effected on any adult male/female member of family or a servant residing with defendant. All three are considered — hence 'None of the above' is correct (all are valid).
Q9. The period of limitation for filing a suit to set aside transfer of property made by a guardian of a ward, by the ward's legal representative, when the ward dies before attaining majority, is:
- A. three years from the date when the ward would have become major
- B. three years from when such fact comes to notice of legal representative
- C. three years from the date of death of the ward
- D. twelve years from the date of the transfer
Reveal answer
Answer: C — three years from the date of death of the ward
Under Article 60 of Schedule I, Limitation Act — when the ward dies before majority, the limitation is 3 years from the date of death of the ward.
Q10. If it appears that there is no sufficient ground for a review, then the Court may:
- A. reject the application
- B. review with cost
- C. refer to the superior bench
- D. none of the above
Reveal answer
Answer: A — reject the application
Under Order XLVII Rule 4 CPC — Where it appears that there is no sufficient ground for review, the Court shall reject the application.
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