MPCJ:1996

 (a) No

 (b) Yes

 (c) Answer would depend upon the nature of the issue

 (d) None of the above.                                                                             Answer. b’

Q. 2. An immovable property held by Y is situated at Bhopal and wrongdoer personally works for gain at Indore a suit to obtain compensation for wrong to property may be instituted _

 A. At Bhopal

 B. At Indore 

 C. Either at Bhopal or at Indore

 D. None of these.

 Answer- section 19

 Q. 3- where the liability to sum adjudged has not arisen out of of commercial transaction m the maximum yearly rate of interest awardable under section 34 of c.p.c from the date of decree for payment of money to date of payment is-

 A. 12%

 B 18 %

 C. 10%

 D. 6%

Ans. D 

Q. 4. where the decree is for the partition of an undivided estate assessed to the payment of revenue to the government the partition of the estate in acccordence with the law for the time being in force, shall be made-

A. The Naib Tehsildar 

B. The Nazir 

C. The collector 

D.The commissioner appointed by the court

Ans.  C 

Q. 5. In execution of a decree  other than a decree for maintenance passed against A what shall be the attachable portion, If his salary is Rs 700 per months.

 A. Rs 300

 B. Rs.100

 C. Rs.600

 D. Rs.350

 Ans. B.

 Q. 6. Ina suit which relates to railway, the authority to be named as plentiful or defend, .nt shall be –

A. The general merger of the railway

 B. A secratory to the central government

 C. The collector of the district

 D. The union of India

 Ans. A. . section 80
Q.7. In the case of a public nuisance a suit for declaration and injunction may be instituted by-
A.Two persons with the leave of court
B. Two persons having obtained oral consent of the Advocate general
C. Two persons having obtained the written consent of the advocate general
D.Two persons to whom no special damage has been caused by persons of such public nuisance
Ans. A  [sections-91(1)(b)]
Q.8. An order passed under section 151 of C.P.C. is –
A. Appeallable
B. Revisable
C.Not liable to be interfered with
D.Not reviewable
Ans. B. [Revisable]
Q.9. Where in a suit defendant is absent from his residence and there is no likelyhood of his being found at the residence within a reasonable time, service of the summons may be made on –
A. Servant
B. Minor son
C. Adult daughter
D. Munim
Ans. C  [order V, Rule 15]
Q.10. In which of the following cases can C set off the claim
A. `A` sues C on the bill  exchange alleges that A has wrongfully neglect to ensure C.’ s goods and is liable to pay in compensation
B. A sues B and C for Rs 1000 The debt is due of C by alone
C. A and B sues c for Rs 1000 The debt is due of C by A alone
D. A sues C on bill of exchange for Rs 500 C holds a judgement against A for recovery of debt of Rs 1000.
Ans.D [see O,VIII,R.6.ill,(d)]
Q. 11. where the appeal ant has with drawn the appeal proffered against a decree passed ex-partie the application under order 9 Rule 13 shall be
 A. Rejected
B. Returned
 C. maintainable D. Referred for the opinion of the appellate court.
 Ans. C. [See.O,IX.R13.Expl]
Q.12. The court shall reject an application to Sue an Indigent person –
A.Where it contains the particulars required in regard to plaint
B.Where it is presented to the court by the applicant in person
C.Where applicant’s allegation show a cause af action
D.Where any other person has entered into an agreement with the applicant to finance the litigation
 Ans. D.
Q.13. The court may by order appoint a receiver of any property before decree.
 A.Where it appears to the court to be just and convenient.
 B.Where the suit properly is in danger of beery wrongfully sold in execution of a decree.
 C.Where the defendant is about to diaspora of the whole or any of the part of he is property
 D.Where the defendant has absconded the local limits of the jurisdiction.
Ans.A, [ see,O,XL.]