QUESTION PAPER BOOKLET

Himachal Pradesh Judicial Services (Civil Judge)

DVF/JY/RJS24/02
DVF/JYE/HPJS25/10 Sectional Test (Civil Law-I) P/10

Time Allowed: One hour Maximum Marks: 100

Number of Pages In Booklet: 08 Number of Questions In Booklet : 50

INSTRUCTIONS

1. Answer all questions

2. All questions carry equal marks
3. Only one answer is to be given for each question
4. If more than one answer is marked, it would be treated as wrong answer.
5. Answers are to be marked on the OMR Answer Sheet provided separately
6. This Test Booklet contains 50 items (questions). Each item is printed in English. Each item comprises
four responses (answers). You will select the response which you want to mark on the Answer Sheet.
In case you feel that there is more than one correct response, mark the response which you consider
the best. In any case, choose ONLY ONE response for each item.
7. There will be no penalty for wrong answers marked by the candidate.
8. Mobile Phone or any other electronic gadget in the examination hall is strictly prohibited. A candidate
found with any of such objectionable material with him/her will be strictly dealt as per rules.
9. Please fill your Roll Number and Series printed on Question Paper Booklet on OMR. Answer Sheet,
carefully and correctly.
10. Answer to the question by darkening multiple circles or by wrong method shall not be evaluated.
11. Answer to the question by using whitener or eraser or using any other method to erase the darkened
circle, shall not be evaluated.
12. Use only blue/black ball point pen in OMR answer sheet, In case of use of pencil or ball point pen
of any other color, answer sheet shall not be evaluated

Warning: Candidate using unfair means in the exam will be disqualified & action as per law shall be
taken

DO NOT OPEN THIS TEST BOOKLET UNTIL YOU ARE ASKED TO DO SO

1. What is the maximum time period within which 6. A owes the partnership firm of B and C Rs. 1,000.
a summary suit must be instituted from the date B dies, leaving C surviving. A sues C for a debt for
the cause of action arises under Order XXXVII? Rs. 1,500 due in his separate character. What will
(a) One year be the legal status of the question under Order
(b) Seven years VIII Rule 6 of the CPC?
(c) Three years (a) C may set-off the debt of Rs. 1,000
(d) Five years. (b) C may not set-off the debt of Rs. 1,000
2. According to Order XXII, Rule 2 of the CPC, if one (c) C may set-off the debt of Rs. 500
of several plaintiffs dies and the right to sue (d) None of the above
survives, the suit: 7. Under CPC, where at the first hearing of a suit
(a) abates automatically it appears that the parties are not at issue on
(b) continues at the instance of the surviving
any question of law or of fact, the Court may
plaintiff(s)
not at once pronounce judgment. This
(c) is transferred to a different Court
statement is:
(d) must be re-filed by the surviving plaintiff(s)
(a) True
3. Assertion (A): Under CPC a decree is always final. (b) False
Reason (R): Under CPC a decree conclusively (c) Can’t say
determines the rights of the parties in a suit. (d) None of the above
(a) Both A and R are true, and R is the correct 8. What happens to the costs of the application
explanation of A made by the minor co-plaintiff to repudiate the
(b) Both A and R are true, but R is not the correct
suit, according to Order XXXII Rule 13(3) of the
explanation of A
CPC?
(c) A is true, but R is false
(a) The minor co-plaintiff has to pay the costs.
(d) A is false, but R is true
(b) The defendant pays the costs.
4. Under Order XXI, Rule 11(3) of the CPC, what may (c) The Court decides who will pay the costs.
the Court require from the applicant when (d) The costs are shared equally between all
applying for decree execution in written to the parties.
Court?
(a) A certificate from the police confirming the 9. Which of the following orders of CPC deals with
judgment-debtor's location. appointment of receivers?
(b) A certified copy of the decree. (a) Order XLI
(c) A sworn affidavit from the judgment-debtor. (b) Order XLII
(d) A payment receipt for the full amount of the (c) Order XL
decree. (d) Order XLIII

5. Which of the rules of Order XXI of the CPC deals 10. Which of the following orders of CPC deals with
with Execution in case of cross-decrees? Temporary Injunctions?
(a) Order XXI, Rule 17 (a) Order XL
(b) Order XXI, Rule 16 (b) Order XXXI
(c) Order XXI, Rule 18 (c) Order XXXIX
(d) Order XXI, Rule 54 (d) Order XLIII

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11. The Court may presume the existence of any fact 15. The Court shall presume that every document,
which it thinks likely to have happened, regard called for and not produced after notice produce,
being had to the common course of natural was:
events, human conduct and public and private (a) attested in the manner required by law
business, in their relation to the facts of the (b) stamped in the manner required by law.
particular case. This is provided under which (c) executed in the manner required by law.
Section of the Indian Evidence Act? (d) all of the above
(a) Section 133 16. In civil cases, if a person admits the liability upon
(b) Section 144 an express condition that evidence of such
(c) Section 153A admission should not be given:
(d) Section 164 (a) such admission would be relevant
(b) such admission would not be relevant
12. The case of Arjun Panditrao Khotkar v. Kailash
(c) such admission will not be allowed to be
Kushanrao Gorantyal and Ors (2020), is related
proved
to which Section of the Evidence Act?
(d) Both (b) or (c)
(a) Section 64B
(b) Section 65B 17. Under Section 53 of the IEA, in criminal
(c) Section 63B proceedings, the fact that the person accused is
(d) None of the above of a good character is:
(a) relevant fact
13. According to Section 6 of the IEA connected to a (b) irrelevant fact
fact in issue are relevant, which of the following (c) Both (a) or (b)
conditions is true? (d) None of the above
(a) Only facts that occur at the same time and
18. The case Pulukuri Kottaya v. King Emperor, 1946
place are relevant
deals with:
(b) Facts unrelated to the transaction can form
(a) plea of alibi
part of the evidence
(b) conspiracy
(c) Facts that form part of the same transaction
(c) confession
are relevant even if they occurred at different
(d) test identification parade
times or places
(d) Facts from a previous transaction are always 19. In which of the following cases the Court said,
irrelevant to the current case “Admissions are substantive evidence by
themselves, in view of sections 17 and 21 of the
14. The good faith of a sale by a client to an attorney Indian Evidence Act, though they are not
is in question in a suit brought by the client. The conclusive proof of the matters admitted”?
burden of proving the good faith of the transaction (a) State of Tamil Nadu v. Kutty @ Virender Nath
is on the: Gautam, 2001
(a) client (b) Sanjay v. State of UP, 2013
(b) attorney (c) Bishwanath Prasad and Others v. Dwarka
(c) third party Prasad (Dead) and Others, 1973
(d) all of the above (d) None of the above

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20. Under Section 123, of the Indian Evidence Act, (b) When the thing claimed is held by the
no one shall be permitted to give any evidence defendant as the agent or trustee of the
derived from________ official records relating to plaintiff
any affairs of State except with the permission of (c) When compensation in money would not
the officer at the head of the department afford the plaintiff adequate relief for the loss
concerned, who shall give or withhold such of the thing claimed
permission as he thinks fit? (d) All of the above
(a) published (b) unpublished
(c) both (a) or (b) (d) State 25. Notwithstanding anything to the contrary
contained in the any person suing for the specific
21. A contract made by a trustee in excess of his performance of a contract for the transfer of
powers or in breach of trust: immovable property may, in an appropriate case,
(a) May be enforced
ask for possession, or partition and separate
(b) May not be enforced
possession, of the property, in addition to such
(c) Cannot be specifically enforced
performance or any other relief to which he may
(d) Can be specifically enforced
be entitled, including the refund of any earnest
22. How the preventive relief is granted under the money or deposit paid or made by him, in case
Specific Relief Act, 1963 by the Court? his claim for specific performance is refused:
(a) At the discretion of the Court by perpetual (a) The Code of Criminal Procedure, 1973
injunction (b) The Specific Relief Act, 1963
(b) At the discretion of the Court by injunction (c) The Code of Civil Procedure, 1908
temporary (d) The Transfer of Property Act, 1882
(c) Both (a) and (b) are correct
(d) None of the above 26. Under Section 27 of the SRA, any person
interested in a contract may sue to have it
23. When an injunction cannot be granted:
rescinded, and such rescission may be adjudged
(a) To restrain any person from instituting or
by the Court in which cases:
prosecuting any proceeding in a criminal
(a) Where the contract is unlawful for causes not
matter
apparent on its face and the defendant is
(b) To prevent the breach of a contract the
more to blame than the plaintiff
performance of which would not be
specifically enforced (b) Where the contract is voidable or terminable
(c) To restrain any person from applying to any by the plaintiff
legislative body (c) Both (a) and (b) are correct
(d) All the above (d) None of the above

24. In which circumstances under SRA, any person 27. The following contracts cannot be specifically
having the possession or control of a particular enforced, namely:
article of movable property of which he is not the (a) A contract, the performance of which involves
owner may be compelled specifically to deliver it the performance of a continuous duty which
to the person entitled to its immediate possession: the Court cannot supervise
(a) When it would be extremely difficult to (b) A contract, the performance of which involves
ascertain the actual damage caused by its the performance of an occasional duty which
loss the Court cannot supervise

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 (c) A contract, the performance of which involves (d) An instrument including codicil or will
the performance of a periodic duty which the whereby the destination or devolution of
Court cannot supervise successive interests in movable or immovable
(d) None of the above property is disposed of or is agreed to be
disposed of
28. Is there any time limit, if any person is dispossessed
without his consent of immovable property 31. Which of the following statements is true
otherwise than in due course of law, for filing suit, regarding the conferring of powers under Section
to recover possession thereof: 23 of Himachal Pradesh Courts Act?
(a) No suit under Section 6 of the Specific Relief (a) Powers can only be conferred by the High
Act, 1963 shall be brought after the expiry of Court if specifically stated by name.
six months from the date of dispossession or (b) The High Court may confer powers on
against the government individuals solely based on their office.
(c) Powers can be conferred by the High Court
(b) No time limit is prescribed
either by name or by virtue of office, unless
(c) Within a reasonable time limit, suit may be
otherwise stated.
filed
(d) The High Court cannot confer any powers
(d) None of the above
under this Part.
29. A plaintiff instituting a suit for the specific
32. According to Section 24 of Himachal Pradesh
performance of a contract in writing may pray in
Courts Act, what happens when a person holding
the alternative that, if the contract cannot be
an office in the service of the Government is
specifically enforced: transferred to a similar office in a like local area?
(a) It may be declared as un-enforceable (a) The person loses all powers conferred upon
(b) It may be rescinded and delivered up to be them.
cancelled; and the Court, if it refuses to (b) The person will exercise the same powers in
enforce the contract specifically, may direct the new local area unless the High Court
it to be rescinded and delivered up accordingly directs otherwise.
(c) It may be declared as void (c) The person is required to be re-invested with
(d) None of the above powers.
30. For the purpose of the Specific Relief Act the word (d) The person will be exempt from exercising
“settlement” means: any powers in the new local area.
(a) An instrument whereby the destination or 33. Assertion: The High Court may regulate the issue
devolution of successive interests in movable of licenses to petition writers, their conduct, and
property is disposed of the fees they charge.
(b) An instrument including codicil or will Reasoning: This is in line with Section 25 of
whereby the destination or devolution of Himachal Pradesh Courts Act, which empowers
successive interests in immovable property the High Court to set rules regarding petition
is disposed of or is agreed to be disposed of writers.
(c) An instrument including codicil or will (a) Both assertion and reasoning are correct, and
whereby the devolution of successive the reasoning correctly explains the assertion.
interests in movable or immovable property (b) Both assertion and reasoning are correct, but
is disposed of the reasoning does not explain the assertion.

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 (c) The assertion is correct, but the reasoning is (c) The assertion is correct, but the reasoning is
incorrect. incorrect.
(d) The assertion is incorrect, but the reasoning (d) The assertion is incorrect, but the reasoning
is correct. is correct.
34. Statements: 37. For the purpose of the Himachal Pradesh Courts
(1) The High Court shall prepare a list of days to Act, the State Government shall divide Himachal
be observed in each year as holidays in Civil Pradesh into ________.
Courts subordinate thereto. (a) Municipal zones
(2) Every such list shall be published in the (b) Civil districts
Official Gazette (c) Revenue areas
(3) The control of list of holidays provided under (d) Administrative zones
Section 25 of the Himachal Pradesh Courts
38. According to Section 5 of the Himachal Pradesh
Act.
Courts Act, who does the State Government
Choose the Correct statements:
consult before appointing District Judges?
(a) Only (1) (a) The Chief Minister
(b) Only (1) and (3) (b) The High Court
(c) Only (1) and (2) (c) The District Judges themselves
(d) None of the above (d) The Legislative Assembly
35. Every Court constituted under this Act shall use 39. Which of the following statement is true about
a seal of such form and design as are or may be Section 8 of the Himachal Pradesh Courts Act
prescribed by the High Court. This statement is: deals with Civil Judge?
(a) True under Section 26 under of the Himachal (a) The State Government may, from time to
Pradesh Courts Act time, after consultation with the High Court,
(b) False under Section 27 under of the Himachal fix the number of Criminal Judges to be
Pradesh Courts Act appointed.
(c) True under Section 27 under of the Himachal (b) The State Government may, from time to
Pradesh Courts Act time, without consultation with the High
(d) False under Section 26 under of the Himachal Court, fix the number of Civil Judges to be
Pradesh Courts Act appointed.
36. Assertion: Besides the Courts of Small Causes and (c) The Centre Government may, from time to
other courts established by existing enactments, time, after consultation with the High Court,
the following classes of Subordinate Civil Courts fix the number of Civil Judges to be appointed.
exist in Himachal Pradesh: Court of the District (d) The State Government may, from time to
Judge, Court of Senior Civil Judge, and Court of time, after consultation with the High Court,
Civil Judge. fix the number of Civil Judges to be appointed.
Reasoning: Section 4 of the Himachal Pradesh 40. Under Section 18 of the Himachal Pradesh Courts
Courts Act explicitly mentions these three classes Act, the Superintendent of the District Court shall
of Subordinate Civil Courts in Himachal Pradesh. be appointed by:
(a) Both assertion and reasoning are correct, and (a) District Judge
the reasoning correctly explains the assertion. (b) High Court
(b) Both assertion and reasoning are correct, but (c) State Government
the reasoning does not explain the assertion. (d) All of the above

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41. According to Section 78 of the Indian Stamp Act, 46. Under Section 70 of the Indian Stamp Act, who
what is the State Government required to do has the authority to stay any prosecution or
regarding the sale of translations of the Act? compound an offence?
(a) Ensure that translations are made available (a) The Chief Controlling Revenue authority or
in all foreign languages. an officer authorized by it
(b) Provide translations in the principal vernacular (b) The President of India
languages at a specific price. (c) The Supreme Court
(c) Sell the translations for free to the public. (d) The Chief Minister
(d) Only make translations available in English.
47. What is the maximum term of imprisonment for
42. According to the section 77A of the Indian Stamp a person who sells or offers for sale stamps
Act, stamps in denominations of four annas or without proper authorization, as stated in Section
multiples thereof shall be deemed to have the 69 of the Indian Stamp Act?
value of: (a) One year (b) Six months
(a) One rupee or multiples thereof (c) Three months (d) Two years
(b) Fifty naye paise or multiples thereof
(c) Twenty-five naye paise or multiples thereof 48. According to Section 68 of the Indian Stamp Act,
(d) Ten naye paise or multiples thereof what penalty applies to a person who practices
or is concerned in any act or contrivance not
43. What does Section 74 of the Indian Stamp Act
provided for by Indian Stamp Act to defraud the
authorize the State Government to regulate?
revenue?
(a) The sale of food products
(a) Imprisonment for a term not exceeding six
(b) The supply and sale of stamps and stamped
months
papers
(b) A fine of up to one thousand rupees
(c) The regulation of currency notes
(c) A fine of up to five hundred rupees
(d) The licensing of printing presses
(d) Imprisonment for a term not exceeding one
44. For what purpose can the authorized person yea
inspect the registers, books, records, or documents
under Section 73 of the Indian Stamp Act? 49. What is the maximum fine a person may face
(a) To ensure public access to all documents under Section 67 of Indian Stamp Act for not
(b) To secure any duty or to prove or discover drawing or executing the full number of bills or
fraud or omission related to any duty policies in a set?
(c) To review personal information of officers (a) Five hundred rupees
(d) To inspect financial records of the public (b) One thousand rupees
officer (c) Two thousand rupees
(d) One hundred rupees
45. According to Section 71 of the Indian Stamp Act,
which type of Magistrate is authorized to try 50. Under Section 66 of the Indian Stamp Act, what
offences under this Act? is the penalty for a person who receives a
(a) Any Magistrate premium or consideration for an insurance
(b) A Presidency Magistrate or a Magistrate with contract but does not execute a duly stamped
powers not less than those of a second-class policy within one month?
Magistrate (a) A fine of up to five hundred rupees
(c) Only a First-Class Magistrate (b) A fine of up to two hundred rupees
(d) Only a Magistrate with judicial experience of (c) Imprisonment for up to six months
10 years (d) A fine of up to one thousand rupees

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