MCQs ON C.P.C., 1908 (PART: 6)
| 1 | Generally, the decrees are not appealable while every order is appealable—
(A) Correct (B) Incorrect Ans: (B) [Generally, the decrees are appealable while every order is not appealable and only those orders are appealable which are specified in Section 104 and Order 43, Rule 1] |
| 2 | In decree, a second appeal lies to the District Court/ the High Court on the grounds mentioned in Section 101—
(A) Correct (B) Incorrect Ans: (B) [A second appeal lies to the High Court on the grounds mentioned in Section 100 in cases of decrees] |
| 3 | There is no second appeal in case of an order passed by the court—
(A) Correct (B) Incorrect Ans: (A) |
| 4 | In every suit there is one decree except in suit for possession and mesne profit etc. as enumerated under Order 20 and Order 34, whereas in a suit numbers of orders may be passed—
(A) Correct (B) Incorrect Ans: (A) |
| 5 | A decree is genus while a judgment is species—
(C) Correct (D) Incorrect (E) Partially correct (F) Partially incorrect Ans: (B) [ A decree is species while a judgment is genus] |
| 6 | A judgment means the statement given by the Judge on the grounds of a decree or order. It is so defined under Section____of C.P.C—
(A) Section 2(9) (B) Section 2(10) (C) Section 2(11) (D) Section 2(12) Ans: (A) |
| 7 | Like decree, a judgment can also be preliminary or final—
(A) True (B) False Ans: (B) [A decree may be preliminary or final or partly preliminary and partly final whereas a judgment is always final subject to review/ revision/ appealability] |
| 8 | A decree is simply obiter dicta—
(A) True (B) False Ans: (B) [A decree is ratio decidendi] |
| 9 | A judgment includes—
(A) Obiter dicta (B) Ratio decidendi (C) Both (D) None Ans: (C) [Unlike decree, a judgment includes obiter dicta and ratio decidendi] |
| 10 | Mark correct/incorrect statements—
(A) A decree is 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 (B) A judgment means the statement given by the Judge on the grounds of a decree or order (C) All correct (D) All incorrect Ans: (C) |
| * Typographical error, if any, is inadvertent. | |
Feeling like mental gymnast while solving these MCQs