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2,940 questions · page 49 of 147
- A. 16 Order XLV of C.P.C.
- B. 10 Order XLV of C.P.C.
- C. 18 Order XLV of C.P.C.
- D. None of the these
Explanation: Order XLV-A, Rule 2 specifically adopts Rule 16 of Order XLV, so far as applicable, for executing a decree or costs order passed by the…
Correct answer: 16 Order XLV of C.P.C.- A. Order XLV, Rule 8, of C.P.C.
- B. Order XLV-B
- C. Order XLV-A
- D. None of the these
Explanation: Order XLV-A contains the special provisions concerning appeals to and execution of decrees or orders of the Federal Court.
Correct answer: Order XLV-A- A. Signed the relevant documents as provided in R. 7, O. XLV of C.P.C.
- B. None of the these
- C. Both A and B
- D. The appellant submit or deposit security so required as provided in R. 7, O. XLV, of C.P.C.
Explanation: Under Order XLV, Rule 7, the appellant must furnish the required security and make the prescribed deposit before the appeal can proceed to…
Correct answer: The appellant submit or deposit security so required as provided in R. 7, O. XLV, of C.P.C.- A. To the Court whose decree is complained of
- B. To Supreme Court
- C. High Court
- D. None of the these
Explanation: The certificate application is made to the court whose decree is being challenged, because that court first determines whether the appeal…
Correct answer: To the Court whose decree is complained of- A. 4
- B. 2
- C. 6
- D. None of the these
Explanation: Order XLIV, dealing with appeals by indigent persons, contains two rules: the application procedure and the inquiry into the applicant’s…
Correct answer: 2- A. None of the these
- B. O. XLIII, R. 4
- C. O. XLIII, R. 5
- D. O. XLIII, R. 3
Explanation: Order XLIII, Rule 3 requires notice to the respondents before an appeal against an order is presented while the suit is pending.
Correct answer: O. XLIII, R. 3- A. Reviewable
- B. Revisable
- C. Appealable
- D. None of the these
Explanation: Order XLIII, Rule 1(b) makes an order under Order VIII, Rule 10 appealable.
Correct answer: Appealable- A. None appealable
- B. Appealable as provided in O. XLIII rule 1
- C. Revisionable
- D. None of the these
Explanation: An order returning a plaint under Order VII, Rule 10 is expressly appealable under Order XLIII, Rule 1(a).
Correct answer: Appealable as provided in O. XLIII rule 1- A. Order XLI, of C.P.C.
- B. Order XLII, of C.P.C.
- C. Order XLIII, of C.P.C.
- D. None of the these
Explanation: Order XLI governs appeals from decrees, Order XLII deals with second appeals, and Order XLIII specifically lists appealable orders.
Correct answer: Order XLIII, of C.P.C.970. Which Order of C.P.C from the following deals with appeals from appellate decrees______________?
- A. Order XLII
- B. Order XLI
- C. Order XLIII
- D. None of the these
Explanation: Order XLII governs appeals from appellate decrees, while Order XLI primarily deals with appeals from original decrees.
Correct answer: Order XLII- A. O. XLI, Rule 28, of C.P.C.
- B. O. XLI, Rule 27, of C.P.C.
- C. O. XLI, Rule 29, of C.P.C.
- D. None of the these
Explanation: Order XLI Rule 28 prescribes the mode of taking additional evidence, including whether it is recorded by the appellate court or a…
Correct answer: O. XLI, Rule 28, of C.P.C.- A. To dismissed appeal
- B. Frame issues or refer them to Trial Court
- C. To remand case to Trial Court
- D. None of the these
Explanation: Under Order XLI Rule 25, the appellate court may frame issues that were omitted and refer them to the trial court for determination.
Correct answer: Frame issues or refer them to Trial Court- A. 21, of C.P.C
- B. 22, of C.P.C
- C. 23, of C.P.C
- D. None of the these
Explanation: Order XLI Rule 23 deals with remand by an appellate court when the lower court disposed of the suit on a preliminary point.
Correct answer: 23, of C.P.C- A. The Court may make order that the appeal be dismissed
- B. The Court may make an order that the appeal be adjourned
- C. Both A and B
- D. None of the these
Explanation: Under Order XLI Rule 17, if the appellant does not appear when the appeal is called for hearing, the court may dismiss the appeal.
Correct answer: The Court may make order that the appeal be dismissed- A. Record of appeal
- B. Register of appeal
- C. Book of new entries
- D. None of the these
Explanation: An appellate court records an appeal in the register of appeals, commonly shortened in such questions to the register of appeal.
Correct answer: Register of appeal- A. Stay of execution by Court which passed the decree
- B. Stay of execution by Appellate Court
- C. Both (a) and (b)
- D. None of the these
Explanation: Order XLI Rule 5(2) allows the court that passed the decree to stay its execution; Rule 5(1) concerns the appellate court's power to grant…
Correct answer: Stay of execution by Court which passed the decree- A. None of the these
- B. The list of witnesses which enclosed with original plaint
- C. None of the above
- D. The copy of decree which is challenged
Explanation: Order XLI Rule 1 requires the memorandum of appeal to be accompanied by a copy of the judgment and decree appealed against.
Correct answer: The copy of decree which is challenged- A. Booklet
- B. Memorandum
- C. Designed document
- D. None of the these
Explanation: An appeal is instituted by presenting a memorandum of appeal, which sets out the grounds on which the judgment or decree is challenged.
Correct answer: Memorandum- A. XL,
- B. XLI,
- C. XLI(A),
- D. None of the these
Explanation: Order XLI of the Code of Civil Procedure governs appeals from original decrees.
Correct answer: XLI,- A. Parties
- B. Court Officer
- C. None of the these
- D. Collector
Explanation: Under Order XL, Rule 1, a Collector may be appointed receiver for revenue-paying land when the Court considers Collector management…
Correct answer: Collector