Test 5🎓 Best of Luck!---- 20 Questions---- 45 Minutes

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Q1. If a suit is filed in the name of the wrong plaintiff due to a bona fide mistake:

1 Marks

A. It must be filed afresh

B. The court may substitute or add the correct plaintiff

C. Only the defendant can correct it

D. The court must dismiss the suit

Q2. As per the latest amendment to Section 151 CPC, the court must:

1 Marks

A. Refer the matter to arbitration

B. Record reasons before exercising its inherent powers

C. First dismiss the case

D. Take consent from both parties

Q3. As per Order I Rule 10(3) CPC, no person shall be added as a next friend or as plaintiff suing through a next friend:

1 Marks

A. Without his consent

B. Unless appointed by the court

C. Without permission from the guardian judge

D. Unless related by blood

Q4. When many persons have the same interest in a suit, one or more may sue or defend on behalf of all:

1 Marks

A. Only if they are blood relatives

B. Only in constitutional matters

C. Automatically without court’s permission

D. With the permission of the court and notice to all such persons

Q5. Under Order I Rule 10(2) CPC, the court may at any stage:

1 Marks

A. Transfer the case to another court

B. Add or remove parties necessary for complete adjudication

C. Order arrest of a party

D. Dismiss the case if parties are wrongly named

Q6. Order I Rule 3 CPC allows multiple persons to be joined as defendants if:

1 Marks

A. They belong to the same profession

B. The right to relief arises from the same transaction and a common question of law or fact exists

C. They live in the same city

D. The plaintiff demands it

Q7. Under Order I Rule 1 CPC, persons may be joined as plaintiffs in one suit if:

1 Marks

A. They live in the same jurisdiction

B. Their claims arise from the same act or transaction and involve a common question of law or fact

C. They were injured on the same day

D. They are family members

Q8. Under Order I Rule 6 CPC, parties who are severally or jointly liable on a single contract:

1 Marks

A. Can only be sued after arbitration

B. Cannot be made defendants unless they agree

C. May be joined together as defendants in the same suit at the plaintiff’s option

D. Must be sued separately

Q9. According to Order I Rule 2 CPC, if joinder of plaintiffs is likely to delay or embarrass the trial, the court may:

1 Marks

A. Summarily dismiss the case

B. Transfer the case to another court

C. Direct the plaintiffs to withdraw their claims

D. Order separate trials or direct the plaintiffs to make a choice

Q10. According to Order I Rule 4 CPC, the court can pass judgment:

1 Marks

A. After referring the case to mediation

B. In favor of one or more plaintiffs or against one or more defendants, based on their individual entitlements or liabilities

C. Only against all parties jointly

D. Only if all parties consent

Q11. A revision application under Section 115 CPC must be made:

1 Marks

A. Within ninety days from the date of the decision of the subordinate court

B. Within one year from the cause of action

C. Before the next hearing

D. Within thirty days from the date of decree

Q12. The primary objective of the court's inherent powers under Section 151 CPC is to:

1 Marks

A. Transfer cases from one High Court to another

B. A. Ensure justice and prevent abuse of the process of the court

C. Review evidence already adjudicated

D. Punish the party that loses the case

Q13. Under Order I Rule 10(2) CPC, the Court may add or strike out parties:

1 Marks

A. Only before the first hearing

B. After consent from both parties

C. Only on the application of the plaintiff

D. At any stage of the proceedings, with or without application, if their presence is necessary for complete adjudication

Q14. Where the plaintiff is in doubt as to who is liable for his grievance, he may:

1 Marks

A. Ask the defendants to decide among themselves

B. Request the court to delay proceedings until he finds out

C. File a criminal complaint instead

D. Join two or more defendants to let the court decide who is liable and to what extent

Q15. When a new defendant is added under Rule 10 CPC, proceedings against him are deemed to begin:

1 Marks

A. From the date of service of summons upon him

B. From the date of court order

C. From the date of original filing of the suit

D. From the date the plaintiff requested his addition

Q16. According to Order I Rule 10(4) CPC, when a new defendant is added, the court shall:

1 Marks

A. Direct that the plaint be amended and served on the new defendant

B. Dismiss the suit and allow refiling

C. Transfer the case to a higher court

D. Refer the matter to arbitration

Q17. The inherent powers under Section 151 CPC can be invoked:

1 Marks

A. Only in criminal proceedings

B. To override express provisions of the Code

C. When there is no specific provision in the Code to address the situation

D. To delay the proceedings for administrative reasons

Q18. Under Section 115(2) CPC, a District Court may exercise powers of revision:

1 Marks

A. In cases decided by courts subordinate to it, where no appeal lies and the subject-matter is within its appellate jurisdiction

B. Only when directed by the High Court

C. Only with consent of both parties

D. For criminal cases only

Q19. According to Order I Rule 9 CPC, a suit shall not be defeated merely by reason of:

1 Marks

A. Misjoinder or nonjoinder of parties

B. Absence of plaintiff on one hearing

C. Change of counsel

D. Delay in service of summons

Q20. As per Section 115(3) CPC, if a revision application has already been filed before the High Court or District Court:

1 Marks

A. The party can still file a writ petition

B. A second application can be made with new documents

C. Appeal can be filed before civil judge

D. No further such application can be filed in either court

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