MCQs ON C.P.C., 1908 (PART: 3)
| 1 | Which are the essentials of a decree under C.P.C?
(A) There must be formally expressed adjudication by a court of law. (B) Adjudication must have been given in a suit determining the rights of the parties with regard to all or any of the matter in controversy in the suit. (C) Such adjudication must be conclusive and final. (D) All Ans: (D) |
| 2 | As per Section 2(2) of the CPC, an adjudication means ‘judicial determination’ of a matter involved in the suit. Thus, a decision on an “administrative matter” is not an adjudication—
(A) True (B) False (C) Partly True (D) Partly False Ans: (A) |
| 3 | Decree includes—
(A) Rejection of plaint (O.7 R.11) (B) Determination of any question regarding restitution of plaint (Section 144). (C) Both (A) & (B) (D) None Ans: (C) |
| 4 | Mark correct statement—
(A) The deemed decree as such has not been defined under the CPC (B) The (a) Rejection of plaint and (b) Restitution of plaint under Section 144 are also known as deemed decrees (C) Both (A) & (B) (D) None Ans: (C) |
| 5 | As per definition under Section 2(2), the term “decree” does not include—
(A) Appeal from an order (S.104, Order 43) (B) Order for dismissal of default (C) Both (A) & (C) (D) None Ans: (C) |
| 6 | Which of the decisions are decree—
(A) Order dismissing the appeal for non-payment of additional court fee demanded (B) Discharge of some of the defendants on the ground of want of cause of action (C) An order of abatement (D) All Ans: (D) |
| 7 | Which of the following decisions are decree—
(A) Holding a defendant as wrongly impleaded and dismissing the suit against him (B) Order for modification of a scheme under Section 92 (C) Dismissal of an application for final decree (D) All Ans: (D) |
| 8 | Which of the following decisions are decree—
(A) Dismissal of an application by a party to be brought on record as legal representative of a deceased party. (B) An order setting aside an auction sale as nullity on the ground that deposit was not made on the date of sale. (C) Order as to costs form part of the decree (D) All Ans: (D) |
| 9 | An order refusing stay is not a decree—
(A) True (B) False (C) Partly true (D) Partly false Ans: (A) |
| 10 | Which of the following decisions are not decree –
(A) An order for remand for fresh trial passed by the Appellate Court under Section 151 (B) An order rejecting an application to sue in forma-pauperis (C) An order refusing leave to institute a fresh suits for accounts of a religious endowment. (D) All Ans: (D) |
| * Typographical error, if any, is inadvertent. | |
