MCQs ON C.P.C., 1908 (PART:9)
| 1 | The term Legal Representative (LR) has been defined under—
(A) Section 2(10) (B) Section 2(11) (C) Section 2(12) (D) Section 2(13) Ans: (B) |
| 2 | Mark incorrect statements: Legal Representative means—
(A) A person who in law represents the estate of a deceased person, i.e. an executor appointed under will or an administrator who obtains letter of administration (B) a person who intermeddles with the estate of the deceased, i.e. a person having no legal title in himself begins to interfere with the estate of the deceased (C) a person who sues or is sued in a representative capacity (D) All correct Ans: (D) [See Section 2(11)] |
| 3 | Point out the incorrect statements—
(A) The right to sue in forma-pauperis is a personal right and therefore, in case of death of a pauper applicant such right does not survive to his legal representative (B) The right to sue in forma-pauperis is a transferable right and it transfers to the LR during the pendency of the suit/ proceedings (C) Though the right to sue in forma-pauperis is a personal right, the LR may present a fresh application for leave to sue in forma-pauperis (D) All incorrect Ans: (B) [The right to sue in forma-pauperis is a personal right. Therefore, in case of death of a pauper applicant such right does not survive to his legal representative. Thus, the LR may present a fresh application for leave to sue in forma-pauperis] |
| 4 | In consonance with the definition of LR under Section 2(11), who are LRs—
(A) Executors (B) Administrators (C) Reversioners (D) All correct Ans: (D) |
| 5 | Following have been held to be LRs—
In consonance with the definition of LR under Section 2(11), who are LRs— (A) Hindu coparcener (B) Residuary legatee (C) Persons in de facto possession of the entire estate of the deceased (D) All correct Ans: (D) |
| 6 | Mark incorrect statement as to liability of LR towards Judgment Debtor—
(A) Where a judgment-debtor dies before the decree has been fully satisfied, the decree holder may apply to the Court which passed it to execute the same against the legal representative of the deceased judgment-debtor (B) Where the decree is executed against such legal representative, his liability shall be only to the extent of the property of the deceased received by him and has not been duly disposed of. (C) For the purpose of ascertaining such liability, the executing court may on application of the decree-holder, compel such legal representative to produce such accounts as it thinks fit (D) For the purpose of ascertaining such liability, the executing court may, of its own motion or on the application of the decree-holder, compel such legal representative to produce such accounts as it thinks fit Ans: (C) [See Section 50 of C.P.C.] |
| 7 | Where a decree is passed against legal representative for the payment of money out of the property of the deceased, it may be executed by the attachment and sale of any such property. It is so provided under Section—
(A) Section 51 (B) Section 52 (C) Section 53 (D) Section 54 Ans: (B) |
| 8 | Where judgment-debtor is a legal representative of the deceased, the property of the deceased shall be subject to the liability fixed in a decree. It is so provided under Section—
(A) Section 51 (B) Section 52 (C) Section 53 (D) Section 54 Ans: (C) |
| 9 | Section 2(12) defines—
(A) Mesne Profits (B) Interest (C) Attachment (D) Arrest Ans: (A) |
| 10 | Mesne Profits (MPs) of property means those profits—
(A) which the person in wrongful possession of such property actually received or might with ordinary diligence have received therefrom, excluding interest on such profits (B) which the person in bonafide possession of such property actually received or might with ordinary diligence have received therefrom, together with interest on such profits (C) which the person in wrongful possession of such property actually received or might with ordinary diligence have received therefrom, together with interest on such profits (D) which the person in wrongful possession of such property actually received with interest on such profits Ans: (C) [See Section 2(12) of C.P.C.] |
| * Typographical error, if any, is inadvertent. | |
