Judiciary Prelims CPC MCQ: 12 Questions on CPC, Contract, BSA

Q1. Ramesh files a second suit in a Lucknow court on a matter directly and substantially in issue in an earlier pending suit between the same parties in a competent court. The later court must:

1. Dismiss it under Section 11
2. Stay it under Section 10
3. Transfer it automatically to the earlier court
4. Proceed, because the suits differ in number

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Answer: B. Section 10 (res sub judice) stays the later suit. Section 11 (res judicata) applies only after the earlier matter is finally decided.

Q2. A suit for damages against a State Government cannot ordinarily be instituted until after notice under Section 80 CPC has been served and a period of:

1. 15 days
2. One month
3. Two months
4. Six months

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Answer: C. Two months. For urgent or immediate relief the court can permit a suit without notice under Section 80(2).

Q3. Which of these is NOT a ground for rejecting a plaint under Order VII Rule 11?

1. It does not disclose a cause of action
2. The suit appears from the plaint to be barred by law
3. The defendant has a strong defence on the merits
4. The relief is undervalued and the plaintiff does not correct it when directed

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Answer: C. Rejection is decided on the plaint’s own averments, not on the defence.

Q4. An application under Order IX Rule 13 to set aside an ex parte decree must be filed within:

1. 15 days
2. 30 days
3. 60 days
4. 90 days

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Answer: B. Article 123 of the Limitation Act, 1963: 30 days from the decree, or from knowledge of it where summons was not duly served.

Q5. A second appeal to the High Court under Section 100 CPC lies only if the case involves:

1. A question of fact of public importance
2. A substantial question of law
3. A claim above a prescribed value
4. A direction from the District Judge

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Answer: B. The High Court must be satisfied that the case involves a substantial question of law and must formulate it.

Q6. In a summary suit on a promissory note under Order XXXVII, the defendant may apply for leave to defend within what time of service of the summons for judgment?

1. 7 days
2. 10 days
3. 30 days
4. 60 days

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Answer: B. Ten days, under Order XXXVII Rule 3(5). Without leave, the plaintiff gets a decree.

Q7. In Mohori Bibee v. Dharmodas Ghose (1903), the Privy Council held that a minor’s agreement is:

1. Voidable at the minor’s option
2. Valid but unenforceable
3. Void from the beginning
4. Valid if ratified on attaining majority

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Answer: C. Void ab initio, so it cannot be ratified later.

Q8. Under Section 73 of the Indian Contract Act, compensation for breach is NOT payable for:

1. Loss arising naturally in the usual course
2. Loss the parties knew would likely result from the breach
3. Remote and indirect loss
4. Direct loss from the breach

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Answer: C. This is the rule in Hadley v. Baxendale (1854), now statutory.

Q9. After the Specific Relief (Amendment) Act, 2018, specific performance of a contract is:

1. A purely discretionary remedy
2. To be enforced by the court, subject to Sections 11(2), 14 and 16
3. Never available for immovable property
4. Available only if damages are inadequate

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Answer: B. Section 10 now makes specific performance the rule, with the listed exceptions.

Q10. In Arjun Panditrao Khotkar (2020), the Supreme Court held that a certificate under old Section 65B(4) (now Section 63 BSA) is:

1. Never required
2. Required for secondary electronic evidence, but not where the original device is produced and proved by its owner
3. Required only in criminal trials
4. Required only for CCTV footage

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Answer: B. The certificate is a condition precedent for admitting electronic records as secondary evidence.

Q11. The general rule that whoever desires judgment on a legal right dependent on facts must prove them (old Section 101) is now:

1. Section 103 BSA
2. Section 104 BSA
3. Section 108 BSA
4. Section 109 BSA

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Answer: B. Section 104 BSA. Section 109 BSA is old Section 106, the special knowledge rule.

Q12. Old Section 118 of the Evidence Act, making all persons competent to testify unless they cannot understand questions or give rational answers, is now:

1. Section 120 BSA
2. Section 124 BSA
3. Section 125 BSA
4. Section 139 BSA

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Answer: B. Section 124 BSA. Section 125 covers a witness who cannot speak (old 119).

Q1. The longest period to which the court can extend the time for filing a written statement under Order VIII Rule 1, from the date of service of summons, is:

1. 60 days
2. 90 days
3. 120 days
4. 180 days

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Answer: B. 30 days to file, and not later than 90 days with recorded reasons and costs.

Q2. A suit for specific performance of a contract with a date fixed for performance must be filed within:

1. One year
2. Three years
3. Six years
4. Twelve years

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Answer: B. Article 54 of the Limitation Act: three years from the date fixed, or from when the plaintiff has notice of refusal.

Q3. Under Section 34 CPC, for a non-commercial liability, further interest from decree to payment is by default awarded at a rate not exceeding:

1. 6% a year
2. 9% a year
3. 12% a year
4. 18% a year

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Answer: A. The proviso lets commercial transactions go higher, up to the contractual or nationalised bank lending rate.