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HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Judiciary Exams MCQ


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30 Questions MCQ Test - HP Judicial Services (Prelims) Mock - 1 (Civil Law - I)

HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) for Judiciary Exams 2025 is part of Judiciary Exams preparation. The HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) questions and answers have been prepared according to the Judiciary Exams exam syllabus.The HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) MCQs are made for Judiciary Exams 2025 Exam. Find important definitions, questions, notes, meanings, examples, exercises, MCQs and online tests for HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) below.
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HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 1
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A 'decree' means

Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 1
Decree is defined under Section 2(2) of Civil Procedure Code, 1908. It means the formal expression of an adjudication which conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit. A decree may be either preliminary or final. A decree is preliminary when a further procedure has to be taken before the suit can be completely disposed of. When adjudication completely disposes of the suit, such decree is final.
HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 2
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A caveat shall not remain in force after the expiry of

Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 2
According to section 148A of the CPC, where a caveat has been lodged under sub-section (1), such caveat shall not remain in force after the expiry of 90 days from the date on which it was lodged unless the application referred to in sub-section (1) has been made before the expiry of the said period.
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HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 3
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A foreign court under Section 2(5) of CPC means:

Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 3
Under Section 2(5) of the Code of Civil Procedure (CPC), a foreign court means a court situated outside India and not established under the authority of the Government of India. This definition is important in the context of jurisdiction and the enforcement of foreign judgements in India.
HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 4
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A precept is:
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 4
A precept under Section 46 of CPC is an order of a court passing the decree to another court where the decree holder intends to initiate execution proceedings because of the judgement debtor having attachable properties within the jurisdiction of the court to which the decree is transferred under Order XXI, Rule 6, CPC. Upon receipt of the precept, the transferee court has to attach the property in respect of which the precept is received by it and even that attachment remains in force for a period of two months unless that attachment is extended by the court which had passed the decree.
HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 5
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Admission
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 5
Section 31 says that admissions are not conclusive proof of the matters admitted but they may operate as estoppels under the provision of this Act. The provision is further supplemented by Section 58 under which it is provided, ''Facts admitted need not be proved''.
HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 6
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Mark the incorrect statement.
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 6
There is a difference between 'relevancy' and 'admissibility' of evidence. They are not co-extensive or interchangeable terms. All facts logically relevant are not however legally relevant. Relevancy under the Indian Evidence Act is not a question of pure logic but of law, as no fact however logically relevant is receivable in evidence unless it is declared by the Evidence Act to be relevant. If one fact is connected to the other logically, it is called logical relevancy and it may be based on several factors. For instance, if a severed dead body is found on a railway track, it can be inferred that the death occurred because of the train running over the person. Relevancy is based on logic and probability, admissibility is not based on logic but on strict rules of law.
HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 7
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The right to cross-examine on an answer to a court question is available
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 7
According to provisions of Section 165, the right to cross-examine on an answer to a court question is available to either of the parties (if the answer is adverse to either of the parties).
HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 8
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A dying declaration
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 8
Under the law, a dying declaration can form the sole basis of conviction, if it is free from any kind of doubt and it has been recorded in the manner as provided under the law. It may not be necessary to look for corroboration of such a dying declaration. As envisaged, a dying declaration is generally to be recorded by an Executive Magistrate with the certificate of a medical doctor about the mental fitness of the declarant to make the statement. It may be in the question-answer form and the answers be written in the words of the person making the declaration.
HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 9
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Under the Himachal Pradesh Courts Act, 1976, an appeal from decree or order of Civil Judge shall lie to the District Judge, where the value of the original suit in which the decree/order was made does not exceed
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 9

The Himachal Pradesh Courts Act, 1976 specifies the jurisdiction for appeals:

  • An appeal from a decree or order of a Civil Judge goes to the District Judge.
  • This applies when the value of the original suit does not exceed ten lakh rupees.
HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 10
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An injunction granted during the pendency of a suit, under Section 37 of the Specific Relief Act, 1963 is known as a
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 10
An injunction granted during the pendency of a suit, under Section 37 of the Specific Relief Act, 1963 is known as a temporary injunction. An injunction granted on the merits of the suit is a perpetual injunction. Thus, option (3) is correct.
HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 11
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The general principles on which the perpetual injunctions could be granted under the Specific Relief Act are contained in
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 11
The general principles for the grant of perpetual injunctions under the Specific Relief Act are contained in Section 38.
According to the section,
"(1) Subject to the other provisions contained in or referred to by this Chapter, a perpetual injunction may be granted to the plaintiff to prevent the breach of an obligation existing in his favour, whether expressly or by implication.
(2) When any such obligation arises from contract, the court shall be guided by the rules and provisions contained in Chapter II.
(3) When the defendant invades or threatens to invade the plaintiff's right to, or enjoyment of, property, the court may grant a perpetual injunction in the following cases, namely:—
(a) where the defendant is trustee of the property for the plaintiff;
(b) where there exists no standard for ascertaining the actual damage caused, or likely to be caused, by the invasion;
(c) where the invasion is such that compensation in money would not afford adequate relief;
(d) where the injunction is necessary to prevent a multiplicity of judicial proceedings.
HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 12
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Where a party to a suit requires information as to facts from the opposite party, it may administer to its adversary a series of questions. It is called
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 12
The term "interrogatory" refers to a formal set of written questions that one party to a lawsuit sends to the other party, asking for information about the facts of the case. Interrogatories are a common tool used in the discovery phase of a lawsuit.
HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 13
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A, a railway company, is in possession of goods as a consignee. It does not claim any interest in the goods except a lien of wharfage, demurrage and freight, but rival claims have been made by B and C adversely to each other. A can institute
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 13
When rival claims have been made by two or more parties with adverse interests in the goods, and the consignee (in this case, A) does not claim any interest in the goods except for a lien on wharfage, demurrage and freight, then the consignee can file an interpleader suit. An interpleader suit is a legal action that allows a party holding property claimed by two or more parties to deposit the property with the court and require the claimants to litigate among themselves to determine the rightful owner. This allows the consignee to avoid liability for delivering the goods to the wrong party and ensures that the rightful owner receives the goods.
HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 14
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In case of a decree for the payment of money, the court can order interest at the rate of
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 14
Section 34 of C.P.C. reads: 'Where and in so far a decree is for the payment of money, the court may, in the decree, order interest at such rate as the court deems reasonable to be paid on the principal sum adjudged, from the date of the suit to the date of the decree, in addition to any interest adjudged on such principal sum for any period prior to the institution of the suit, with further interest at such rate not exceeding six percent per annum, as the court deems reasonable on such principal sum, from the date of the decree to the date of payment, or to such earlier date as the court thinks fit.'
HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 15
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Where any period is fixed or granted by the court for doing an act prescribed by the Code of Civil Procedure, the court may enlarge such period
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 15
According to legal provisions of Section 148 of Code of Civil Procedure, 1908 (C.P.C.), where any period is fixed or granted by the court for the doing of any act prescribed or allowed by this code, the court may, in its discretion, from time to time, enlarge such period [not exceeding thirty days in total], even though the period originally fixed or granted may have expired.
HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 16
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The leave may be granted by the civil court to deliver interrogatories
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 16
The civil court may grant leave to deliver interrogatories to either party if it considers it necessary for disposing of the case fairly. The purpose of interrogatories is to obtain information from the other party to the suit that is relevant to the issues in dispute. While it is generally the plaintiff who initiates the suit and is considered the "master of the suit", the court has discretion to allow either party to request interrogatories if it deems it necessary for a fair resolution of the case. Additionally, the interrogatories must be relevant to the issues in dispute; so, it is not true that they can relate to matters not in question in the suit. Finally, while the opposite party may object to the interrogatories, the court can still grant leave to deliver them if it considers them necessary for a fair resolution of the case.
HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 17
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Opinion of an expert under Section 45 of the Indian Evidence Act, 1872
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 17
An expert opinion is considered corroborative when it supports or confirms other evidence presented in the case. For example, if there is eyewitness testimony that a person was driving recklessly, an expert opinion on the damage to the car can corroborate that testimony and support the conclusion that the person was driving recklessly.
An expert opinion is also considered supportive when it provides additional information or clarification that is not readily apparent to non-experts. For example, in a medical malpractice case, an expert medical witness can provide an opinion on the standard of care that should have been provided, which may not be clear to a layperson.
In summary, an expert opinion can be both corroborative and supportive in nature, and its weight and importance as evidence will depend on the specific facts and circumstances of each case.
HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 18
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Section 125 of the Indian Evidence Act, 1872 deals with:
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 18
Section 125 states that no Magistrate or police officer shall be compelled to say whence he got any information as to the commission of any offence and no revenue officer shall be compelled to say whence he got any information as to the commission of any offence against the public revenue.
HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 19
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(I) Confession of a co-accused, not required to be on oath and which cannot be tested by cross-examination, is no evidence within the meaning of Section 3 of the Evidence Act and cannot be the foundation of a conviction.
(II) The only limited use which can be made of a confession of a co-accused is by way of furnishing an additional reason for believing such other evidences as exists.
(III) Confession of a co-accused is a very weak type of evidence and is much weaker even than the evidence of an approver.
In the aforesaid propositions,
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 19

The Privy Council observed that a confession of a co-accused is obviously evidence of a very weak type. It does not come within the definition of 'evidence' contained in Section 3. It is not required to be given on oath, nor in the presence of the accused, and it cannot be tested by cross-examination. It again observed that the confession is only one element in the consideration of all the facts proved in the case. It can be put into the scale and weighed with the other evidence. The confession of an accused person is not evidence in the ordinary sense of the term as defined in Section 3. It cannot be made the foundation of a conviction and can only be used in support of other evidence.
Thus, all the propositions are correct.

HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 20
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When a person has not been heard of for _______ years by those who would naturally have heard of him if he had been alive, the burden of proving that such a person is alive is shifted to the person who affirms it.
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 20
Under Section 108 of the Evidence Act, where the question is whether a man is alive or dead, and it is proved that he has not been heard of for seven years by those who would naturally have heard of him if he had been alive, the burden of proving that he is alive is shifted to the person who affirms it.
HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 21
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Propositions under Evidence Act are:
(I) Statement is a genus, admission is a species and confession is a sub-species
(II) Statement and admission are species, and confession is a sub-species
(III) Statement and admission are genus, and confession is a species
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 21

A scrutiny of the provisions of Sections 17 to 30 of the Evidence Act discloses that statement is a genus, admission is a species and confession is a sub-species. A confession, therefore, is a statement made by an accused admitting his guilt. When a party accepts his statement made in earlier proceedings, it amounts to an admission. Therefore, I is correct, and II and III are incorrect.

HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 22
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Duty under the Indian Stamp Act in case of policy of insurance other than fire insurance is payable
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 22
According to Section 29 of the Indian Stamp Act, duty in case of policy of insurance other than fire insurance is payable by the person affecting the insurance.
HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 23
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Obligation under the Specific Relief Act
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 23
Specific relief can be granted only for the purpose of enforcing individual civil rights and not for the mere purpose of enforcing a penal law. So, obligation under the Specific Relief Act is a right in personam, meaning that it is a right against a specific person rather than against the world at large (right in rem). This means that the person who is under an obligation under the Specific Relief Act is obliged to perform a specific act or to refrain from doing a certain act for the benefit of another person. If he fails to do so, the person entitled to the benefit can approach the court to enforce his right.
HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 24
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Section 34 of the Specific relief Act, 1963 sanctions:
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 24
According to Section 34 of the Specific Relief Act, any person entitled to any legal character, or to any right as to any property, may institute a suit against any person denying, or interested to deny, his title to such character or right, and the court may in its discretion make therein a declaration that he is so entitled, and the plaintiff need not in such suit ask for any further relief, provided that no court shall make any such declaration where the plaintiff, being able to seek further relief than a mere declaration of title, omits to do so.
HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 25
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Under Code of Civil Procedure, 1908, who is not exempted from personal appearance in the court?
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 25
According to section 133(1) of the Code of Civil Procedure, the following persons shall be entitled to exemption from personal appearance in Court, namely:-
(i) the President of India;
(ii) the Vice-President of India;
(iii) the Speaker of the House of the People;
(iv) the Ministers of the Union;
(v) the Judges of the Supreme Court;
(vi) the Governors of States and the Administrators of Union territories;
(vii) the Speakers of the State Legislative Assemblies;
(viii) the Chairmen of the State Legislative Councils;
(ix) the Ministers of States;
(x) the Judges of the High Courts; and
(xi) the persons to whom section 87-B applies.
HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 26
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Under the Code of Civil Procedure, 1908, for the first time, provision for compensatory cost in respect to false or vexatious claims or defences has been made under
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 26
Section 35 A of the Code of Civil Procedure lays down the provisions for compensatory costs in respect of false or vexatious claims or defences. If in any suit or other proceeding, including an execution proceeding but excluding an appeal or a revision, any party objects to the claim or defence on the ground that the claim or defence or any part of it is, as against the objector, false or vexatious to the knowledge of the party by whom it has been put forward, and if thereafter, as against the objector, such claim or defence is disallowed, abandoned or withdrawn in whole or in part, the Court, if it so thinks fit, may, after recording its reasons for holding such claim or defence to be false or vexatious, make an order for the payment to the objector by the party by whom such claim or defence has been put forward, of costs by way of compensation.
HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 27
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Under Section 26 of the Code of Civil Procedure, 1908, facts should be proved by
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 27
Section 26 of the Code of Civil Procedure deals with institution of suits. Clause 1 of the section states that every suit shall be instituted by the presentation of a plaint or in such other manner as may be prescribed.
Clause 2 states that in every plaint, facts shall be proved by affidavit.
HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 28
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Chapter IV of the Indian Evidence Act 1872 deals with:
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 28
Chapter IV of the Indian Evidence Act, 1872 (sections 59 and 60) deals with "Oral Evidence." This chapter specifically outlines the rules and provisions related to the admissibility, examination, and cross-examination of oral evidence in legal proceedings. It lays down guidelines on how oral evidence can be presented, evaluated, and used to prove or disprove facts in court.
HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 29
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Which of the following sections of the Indian Evidence Act talks about entries in books of accounts?
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 29
Section 34 of the Indian Evidence Act states that entries in the books of account, including those maintained in an electronic form, regularly kept in the course of business, are relevant whenever they refer to a matter into which the court has to inquire but such statements shall not alone be sufficient evidence to charge any person with liability.
HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 30
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During the course of trial of a murder case, which of the following may be proved?
Detailed Solution for HP Judicial Services (Prelims) Mock - 1 (Civil Law - I) - Question 30
Recovery of the weapon of offence on basis of statement made by accused during investigation of another case may be proved during the course of trial of a murder case as given under section 27 of the Indian Evidence Act.
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