Questions Civil Judge & Public
1. Which of the following is correct ?
(A) Rebuttable presumption arises that a man is alive if it is shown that he was alive within thirty years.
(B) Rebuttable presumption arises that a man is dead if it is proved that he has not been heard of for seven years by those who would naturally have heard from him if he had been alive.
(C) Both (A) and (B)
(D) None of these
Ans. (C)
2. The court may presume that-
(A) when a document creating an obligation is in the hands of the obligor, the obligation has been discharged
(B) judicial and official acts have not been regularly performed
(C) a bill of exchange, accepted or endorsed, was accepted or endorsed for deficient consideration.
(D) All these are incorrect
Ans. (A)
3. 'A' intentionally and falsely let 'B' to believe that a plot of land belonged to him. On that basis, he induced 'B' to buy and pay for it. Afterwards the plot of land became the property of 'A'. 'A' brought a suit to set aside the sale in favour of 'B' on the ground that at the time of sale, he had no title. In such suit-
(A) 'A' may prove want of title at the time of sale
(B) 'A' cannot be allowed to prove want of his title
(C) It depends on the value of the property
(D) All these are incorrect
Ans. (B)
4. All persons are competent to testify unless the court considers that they are prevented from understanding the questions put to them because of-
(A) tender years
(B) extreme old age
(C) mental disease
(D) All these
Ans. (D)
5. The judge's power to put questions or order production of documents does not include authorization to-
(A) compel a witness to answer any question which such witness is entitled to refuse to answer if the question were asked by the adverse party
(B) to ask a question which would be proper for any other person to ask.
(C) to elicit on a point
(D) None of these
Ans. (A)
6. Section 5 of the Limitation Act, 1963 does not apply to-
(A) suits
(B) execution petitions under Order 21 CPU
(C) petitions for divorce under the Hindu Marriage Act, 1956.
(D) All these
Ans. (D)
7. Which of the following is not a disability under Section 6 (legal disability) of the Limitation Act, 1963 ?
(A) Minority
(B) Insanity
(C) Insolvency
(D) Idiocy
Ans. (C)
8. In case of a suit for property which the plaintiff has conveyed while insane, the time from which the period of limitation (three years under Article 102 of the Schedule of the Limitation Act, 1963) begins to run is-
(A) when the plaintiff is restored to sanity
(B) the data the property was conveyed
(C) when the plaintiff has knowledge of the conveyance
(D) Both (A) and (C)
Ans. (D)
9. A suit to set aside a transfer of property made by the guardian of a ward. By the ward who has attained majority, can be filed within three years (Art. 60 (1) of the Schedule of the Limitation Act, 1963) from when the-
(A) transfer of the property was made
(B) person in possession is served notice
(C) ward attains majority
(D) person in possession refuses to hand over possession
Ans. (C)
10. In case of a suit by a person excluded from a joint family property to enforce a right to share therein, the time from which the period of limitation (12 years under Article 110 of the Schedule of the Limitation Act, 1963) begins to run is-
(A) from the date of exclusion
(B) when the exclusion becomes known to the plaintiff
(C) when the plaintiff makes known his intention to recover possession
(D) the date of refusal to hand over possession to the plaintiff
Ans. (B)
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