MCQs ON C.P.C., 1908 (PART: 5)
| 1 | Whether more than one Preliminary Decree (PD) can be passed in a suit? –
(A) A PD may be more than one in a suit (B) In the interest of justice more than one PD may be passed in a suit (C) Both (A) & (B) (D) There can not be more than one PD in a suit Ans: (C) |
| 2 | Where a party aggrieved by the PD does not appeal from such decree he shall be precluded from disputing its correctness in appeal against final decree—
(A) True (B) False Ans: (A) |
| 3 | Which Section of C.P.C. provides that where a party aggrieved by the PD does not appeal from such decree he shall be precluded from disputing its correctness in appeal against final decree—
(A) Section 95 (B) Section 96 (C) Section 97 (D) Section 98 Ans: (C) |
| 4 | A PD becomes a Final Decree (FD)—
(A) A PD can never be a FD (B) When an appeal has not been filed against the PD and time for appeal has expired (C) When the matter has been decided by the highest court in appeal (D) Both (B) & (C) Ans: (D) |
| 5 | A final decree is a decree wherein no further proceedings have to be taken for final disposition of the suit—
(A) True (B) Partly true (C) False (D) Partly false Ans: (A) |
| 6 | Mark correct statements—
(A) A conditional decree does not necessarily means a preliminary decree (B) A decree in which a condition is attached, does not because of that become a preliminary decree, it is nevertheless a final decree (C) Both (A) & (B) (D) None Ans: (C) |
| 7 | Ordinarily, there is only one final decree in a suit. But, in certain circumstances more than one final decree in the same suit may be passed—
(A) True (B) False Ans: (A) |
| 8 | A obtains a preliminary decree against B with respect to properties ‘X’ and ‘Y’. In an appeal, B obtains an order for stay of further proceedings in the lower court in respect of property ‘X’. Meanwhile, the trial court passes a final decree in respect of the property ‘Y’. Subsequently, B’s appeal is dismissed. Here, A can apply for a “supplementary or second final decree” in respect of property “X” about which no final decree was passed—
(A) True (B) False Ans: (A) |
| 9 | A PD is different from FD in the following senses—
(A) When rights in controversy are not finally decided that is called a PD while when an adjudication completely disposes of the suit, such decree is called a FD (B) A PD is not dependent upon FD while FD is dependent upon PD (C) Both correct (D) None Ans: (C) |
| 10 | Both decree and order are formal expression of an adjudication of a court but still there are following differences between these twins—
(A) A decree can only be passed in a suit which commenced by presenting a plaint while an order may or may not originate from a suit. An order generally arises from a proceeding commenced on an application (B) A decree is an adjudication that conclusively determines all or any of the rights of the parties to the suit whereas an order may or may not finally determine the rights of the party (C) A decree may be preliminary or final or partly preliminary and partly final whereas there is no such distinction in order (D) All correct Ans: (D) |
| * Typographical error, if any, is inadvertent. | |
