Karnataka Judiciary Prelims Mock Test 3 (Free)

Q1 Code of Civil Procedure

Where the Court is satisfied that the summons cannot be served in the ordinary way, it may order service by affixing a copy in some conspicuous place and by such other manner as it thinks fit. Such substituted service is provided under

A Order V Rule 9 CPC B Order V Rule 1 CPC C Order V Rule 17 CPC D Order V Rule 20 CPC

Q2 Code of Civil Procedure

The Court may, at any time before passing a decree, strike out any issue that appears to it to be wrongly framed or introduced. This power is conferred by

A Order XIV Rule 2 CPC B Order XIV Rule 1 CPC C Order XIV Rule 5 CPC D Order XV Rule 1 CPC

Q3 Code of Civil Procedure

Where a party wishes to be examined as a witness, the Court may permit him to depose

A before any other witness on his behalf is examined, under Order XVIII Rule 3A B only after the opposite party closes its evidence C only after all his witnesses have been examined D only with the consent of the opposite party

Q4 Code of Civil Procedure

In a suit by an indigent person, the plaintiff is one who is not possessed of sufficient means (other than property exempt from attachment and the subject-matter of the suit) to pay the prescribed court fee. Such suits are governed by

A Order XXXIII CPC B Order XXXII CPC C Order XXIII CPC D Order XXXV CPC

Q5 Code of Civil Procedure

A final order passed on a claim or objection to attachment of property under Order XXI Rule 58 CPC is

A not appealable but revisable under Section 115 CPC B appealable by way of a miscellaneous appeal under Order XLIII Rule 1 CPC C open to challenge only by a separate suit D final and conclusive with no further remedy

Q6 Code of Civil Procedure

The bar of res judicata under Section 11 of the Code of Civil Procedure operates

A only where both suits are between strangers to each other B only where the former suit was decided by a Court of competent jurisdiction and the matter was directly and substantially in issue in both suits C even where the former suit was decided by a Court not competent to try the subsequent suit D even where the matter was only collaterally or incidentally in issue in the former suit

Q7 Code of Civil Procedure

A second appeal under Section 100 of the Code of Civil Procedure to the High Court lies only

A where the case involves a substantial question of law B where the lower appellate court has erred on a question of fact C as a matter of right on both questions of law and fact D where the value of the subject-matter exceeds rupees one lakh

Q8 Code of Civil Procedure

An application for restitution where a decree is varied or reversed in appeal is dealt with under

A Section 144 of the Code of Civil Procedure B Section 151 of the Code of Civil Procedure C Section 47 of the Code of Civil Procedure D Section 152 of the Code of Civil Procedure

Q9 Code of Civil Procedure

Clerical or arithmetical mistakes in a judgment, decree or order arising from accidental slip or omission may be corrected by the court

A only by the appellate court under Section 96 B only on a review petition under Order XLVII C only on an application by the decree-holder under Order XXI D either of its own motion or on the application of any of the parties under Section 152

Q10 Code of Civil Procedure

No appeal shall lie from a decree passed by the court with the consent of parties. This is provided under

A Section 100A of the Code of Civil Procedure B Section 96(3) of the Code of Civil Procedure C Section 97 of the Code of Civil Procedure D Section 96(1) of the Code of Civil Procedure

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Karnataka Judiciary — Prelims Mock 3

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