39. A and B were partners in a firm X & Co. A retired but no public notice of the retirement
was given. C joined as a new partner. The partnership of B and C continued as X & Co.
A creditor of this partnership bought a suit against A, B and C. Decide
(^) The creditor can sue all the three partners.
(B) The creditor cannot sue all the three since he should elect between the
partnership by estoppel between A and B and the existing partnership
between B and C.
(C) The creditor cannot make A liable since he is a partner by holding out.
(D) The creditor can make both A & C liable.

40. A owes ए, under a contract, a sum of money, the amount of which has not been
ascertained. A, without ascertaining the amount gives to B, and B, in satisfaction thereof,
accepts, the sum of ₹ 2000/-, then

(A) ^ is discharged of the whole debt under Section 63 of Indian Contract Act.
(B) A is not discharged of the whole debt and B can claim balance amount if any.
(C) Ais partially discharged from the performance of contract.

(D) None of the above

41. Which among the following statement is true ?

(A) A dying declaration stands on the same footing as any other piece of
evidence.

(B) A dying declaration recorded by the Magistrate in question answer form
stands on a much higher footing.

(C) A dying declaration is admissible in evidence even though it has not been
made on oath.

(D) All of the above.

42. A gun, suspected to be used in a murder 5 years ago, was found from the possession of
Venu. He claims that the gun is not his and that his friend Aravind owns the gun. Who
has the burden to prove that Venu is not the owner of that gun 7
(A) Venu (B) Aravind
(C) Police (D) Prosecution

43. Which of the following fall under the category of privileged communications under the
Evidence Act, 1872 ?
1. Communications during marriage.
ii. Professional communications between lawyer and client.
iii. Professional communications between a doctor and patient.

(A) Onlyi&ii )8( Onlyi &iii
(൭ Only ii & iii (7) Allof the above (i, ii & iii)
44. Which of these questions are lawful in cross -examination of witness under the Evidence
Act, 1872 ?
1. Leading questions

11. Questions to test veracity of the witness
iii. Questions to injure the character of the witness

(A) Onlyi&ii (8) Onlyi &iii
(൭ Only ii & iii (D) Allof the above (i, ii & iii)
45. Which of the following fall under the category of ‘document’ under the Evidence Act,
1872?
(A) Printouts (B) CDs

(0 Data on Hard disk (D) All of the above

064/2022 = ` 8 ‏يیبممممالقتا‎ ५