HARYANA JUDICIAL SERVICE (CIVIL JUDGE)
Code
of Civil Procedure, 1908
Chapter–1
: Introduction & Preliminary
MCQ
Bank (Questions 1–10)
Q.1.
Which of the following is the primary object of the Code of Civil Procedure,
1908?
(A)
To create substantive rights between parties.
(B)
To consolidate and amend the laws relating to the procedure of civil courts. ✅
(C)
To regulate criminal proceedings.
(D)
To determine the jurisdiction of constitutional courts only.
Answer
✅ (B)
Explanation
The
Code of Civil Procedure, 1908 (CPC), is a procedural law. It neither creates
nor extinguishes substantive rights. Its primary purpose is to provide a
uniform procedure for adjudicating civil disputes before civil courts.
The
CPC consolidates procedural principles relating to institution of suits,
pleadings, trial, execution, appeals, review, revision, and other civil
proceedings.
Relevant
Provision
Preamble
to the Code of Civil Procedure, 1908
"An
Act to consolidate and amend the laws relating to the procedure of the Courts
of Civil Judicature."
Judiciary
Exam Tip
Remember:
CPC
→ Procedural Law
Contract
Act → Substantive Law
Transfer
of Property Act → Substantive Law
Evidence
Act → Procedural/Adjective Law governing proof
Q.2.
The Code of Civil Procedure extends to—
(A)
The whole of India.
(B)
The whole of India except the State of Nagaland and certain tribal areas,
subject to statutory exceptions. ✅
(C)
Only Union Territories.
(D)
Only those States that have adopted it.
Answer
✅ (B)
Explanation
Section
1 CPC provides the territorial extent of the Code. The Code extends to the
whole of India, subject to statutory exceptions applicable to certain tribal
areas and special local laws.
Candidates
should always verify the latest statutory amendments while referring to the
Bare Act.
Relevant
Provision
Section
1 CPC
Judiciary
Exam Tip
Questions
on Section 1 are generally straightforward and often appear as one-mark prelim
questions.
Q.3.
Which one of the following correctly distinguishes substantive law from
procedural law?
(A)
Procedural law creates rights.
(B)
Substantive law prescribes the method of enforcement.
(C)
Substantive law creates rights, whereas procedural law provides the machinery
for enforcing them. ✅
(D)
Both create substantive rights.
Answer
✅ (C)
Explanation
Substantive
law defines legal rights and liabilities, while procedural law prescribes the
method through which those rights are enforced.
The
CPC is often described as the "handmaid of justice" because it
facilitates enforcement of substantive rights rather than creating them.
Judiciary
Exam Tip
One
of the most frequently asked conceptual questions in Judiciary examinations.
Q.4.
Which of the following statements regarding the Code of Civil Procedure is
correct?
(A)
Every provision of the Code is mandatory.
(B)
The Code is exhaustive and excludes inherent powers.
(C)
The Code is not exhaustive, and civil courts retain inherent powers under
appropriate circumstances. ✅
(D)
Civil Courts possess only those powers expressly mentioned in the Code.
Answer
✅ (C)
Explanation
Although
the CPC is comprehensive, it is not exhaustive. Civil courts possess inherent
powers preserved under Section 151 CPC to secure the ends of justice and
prevent abuse of the process of the court.
These
powers cannot be exercised in conflict with an express provision of the Code.
Relevant
Provision
Section
151 CPC
Judiciary
Exam Tip
A
favourite judiciary question:
Inherent
powers supplement the Code but cannot override it.
Q.5.
Which one of the following best describes the nature of the Code of Civil
Procedure?
(A)
Penal law
(B)
Procedural law governing civil litigation ✅
(C)
Constitutional law
(D)
Administrative law
Answer
✅ (B)
Explanation
The
CPC regulates every stage of civil litigation—from institution of the suit
until execution of the decree.
Q.6.
The expression "Civil Procedure" primarily refers to—
(A)
Criminal investigation.
(B)
Procedure relating to adjudication of civil rights. ✅
(C)
Procedure relating only to revenue courts.
(D)
Procedure applicable only before High Courts.
Answer
✅ (B)
Explanation
Civil
procedure governs the adjudication and enforcement of civil rights through
courts of civil jurisdiction.
Q.7.
Which of the following is NOT one of the principal divisions of the Code of
Civil Procedure?
(A)
Sections
(B)
Orders
(C)
Rules
(D)
Chapters of the Indian Penal Code ✅
Answer
✅ (D)
Explanation
The
CPC is divided into:
158
Sections, which contain the substantive procedural framework.
First
Schedule, consisting of Orders and Rules, which prescribe detailed procedural
requirements.
Judiciary
Exam Tip
Always
remember:
Sections
= Substantive procedural provisions
Orders
& Rules = Detailed procedural mechanism
Q.8.
Which statement is correct regarding the First Schedule of the CPC?
(A)
It contains only definitions.
(B)
It consists of Orders and Rules governing procedural aspects of civil
litigation. ✅
(C)
It contains penal provisions.
(D)
It contains constitutional amendments.
Answer
✅ (B)
Explanation
The
First Schedule supplements the Sections by providing detailed procedural rules
relating to pleadings, service of summons, execution, appeals, commissions, and
numerous other matters.
Q.9.
The Code of Civil Procedure came into force on—
(A)
26 January 1950
(B)
15 August 1947
(C)
1 January 1909 ✅
(D)
1 April 1908
Answer
✅ (C)
Explanation
The
Code of Civil Procedure, 1908, was enacted in 1908 and came into force on 1
January 1909, replacing the earlier Code of 1882.
Judiciary
Exam Tip
A
frequently tested factual question.
Q.10.
Which of the following statements is most appropriate regarding interpretation
of procedural law?
(A)
Procedural law should ordinarily be interpreted to advance the cause of justice
rather than defeat it. ✅
(B)
Procedural law must always be interpreted strictly, even if it causes
injustice.
(C)
Procedure prevails over justice.
(D)
Courts cannot relax procedural requirements under any circumstances.
Answer
✅ (A)
Explanation
The
Supreme Court has consistently emphasized that procedure is the handmaid of
justice, not its mistress. Procedural provisions are generally interpreted to
facilitate adjudication on merits and avoid defeating substantive justice due
to technicalities, unless the statute expressly mandates otherwise.
Relevant
Principle
"Procedure
is the handmaid of justice."
Judiciary
Insight
This
principle frequently appears in objective questions, mains answers, and
interviews. A judicial officer is expected to understand that procedure exists
to aid justice, while also respecting mandatory procedural requirements.
Next
Chapter
The
next set (Questions 11–35) will cover Section 2 – Definitions, including:
Decree
Order
Judgment
Foreign
Court
Foreign
Judgment
Legal
Representative
Mesne
Profits
Movable
Property
Public
Officer
Rules
Judge
Decree
Holder
Judgment
Debtor
And
all other definitions under Section 2.
These
definitions are among the most frequently tested areas in Haryana Judicial
Service Preliminary examinations and form the foundation of CPC.
HARYANA JUDICIAL
SERVICE (CIVIL JUDGE)
CODE OF CIVIL
PROCEDURE, 1908
Chapter–2
Section
2 – Definitions
MCQ
Bank (Questions 11–20)
Q.11. Under
Section 2(2) of the Code of Civil Procedure, 1908, a "Decree" means—
(A)
Every formal expression of an adjudication by any authority.
(B)
The formal expression of an adjudication which conclusively determines the
rights of the parties regarding all or any of the matters in controversy in the
suit. ✅
(C)
Every order passed by a Civil Court.
(D)
Every judgment delivered by a Civil Court.
Answer
✅ (B)
Explanation
A
decree is the formal expression of an adjudication that conclusively determines
the rights of the parties with respect to all or any of the matters in
controversy in a suit. It is not the judgment itself; rather, it is drawn up
based on the judgment.
The
essential ingredients of a decree are:
There
must be an adjudication.
The
adjudication must be given in a suit.
Rights
of parties must be determined.
The
determination must be conclusive.
There
must be a formal expression.
Relevant
Provision
Section
2(2), CPC
Judiciary
Exam Tip
Remember
the five essentials of a decree.
Nearly
every State Judiciary Examination asks at least one question from this
definition.
Q.12. Which one
of the following is NOT included within the definition of a decree?
(A)
Preliminary Decree
(B)
Final Decree
(C)
Rejection of Plaint
(D)
Order dismissing an application for adjournment. ✅
Answer
✅ (D)
Explanation
Section
2(2) specifically provides that a decree includes:
Preliminary
decree
Final
decree
Partly
preliminary and partly final decree
Rejection
of plaint
However,
an order granting or refusing adjournment is merely an interlocutory order and
does not determine the rights of the parties conclusively.
Relevant
Provision
Section
2(2), CPC
Judiciary
Exam Tip
Remember
A
rejection of a plaint is deemed to be a decree, even though the suit does not
proceed to trial.
Q.13. Which of
the following is expressly excluded from the definition of a decree?
(A)
Rejection of plaint
(B)
Determination under Section 144 CPC
(C)
Any adjudication from which an appeal lies as an appeal from an order. ✅
(D)
Final decree
Answer
✅ (C)
Explanation
The
definition of decree expressly excludes:
Any
adjudication from which an appeal lies as an appeal from an order.
Any
order of dismissal for default.
These
exclusions are specifically mentioned in Section 2(2).
Judiciary
Memory Trick
Included
✔ Preliminary Decree
✔ Final Decree
✔ Rejection of Plaint
✔ Section 144 determination
Excluded
✘ Appealable Orders
✘ Dismissal for Default
Q.14. A decree
may be—
(A)
Only preliminary.
(B)
Only final.
(C)
Preliminary, final, or partly preliminary and partly final. ✅
(D)
Temporary only.
Answer
✅ (C)
Explanation
The
Code recognizes three kinds of decrees:
Preliminary
Decree
Final
Decree
Partly
Preliminary and Partly Final Decree
Example:
A
partition suit generally involves a preliminary decree declaring shares and a
final decree effecting actual partition.
Frequently
Asked Example
A
decree in a partition suit is generally—
(A)
Final only
(B)
Preliminary only
(C)
Preliminary followed by Final Decree ✅
(D)
Administrative
Q.15. Which one
of the following is an example of a preliminary decree?
(A)
Money Suit
(B)
Partition Suit declaring shares of co-sharers. ✅
(C)
Execution Proceedings
(D)
Review Petition
Answer
✅ (B)
Explanation
A
preliminary decree determines the rights of parties but leaves further
proceedings to be conducted before complete disposal of the suit.
Common
examples:
Partition
suits
Mortgage
suits
Administration
suits
Judiciary
Exam Tip
Whenever
you see the words "rights declared but further proceedings remain",
think Preliminary Decree.
Q.16. Which one
of the following is the best example of a final decree?
(A)
Declaration of shares.
(B)
Actual partition by metes and bounds. ✅
(C)
Framing of issues.
(D)
Admission of plaint.
Answer
✅ (B)
Explanation
A
final decree completely disposes of the suit and leaves nothing further to be
adjudicated by the Court.
Q.17. Under the
Code of Civil Procedure, a decree follows—
(A)
Plaint
(B)
Written Statement
(C)
Judgment ✅
(D)
Summons
Answer
✅ (C)
Explanation
Section
2(9) defines Judgment.
Section
33 CPC provides that after the case has been heard, the Court shall pronounce
judgment, and on such judgment, a decree shall follow.
Simple
Formula
Judgment
→ Decree
Never
write:
Decree
→ Judgment
Q.18. Every
decree is based upon—
(A)
Pleadings only
(B)
Judgment of the Court. ✅
(C)
Evidence alone.
(D)
Issues only.
Answer
✅ (B)
Explanation
A
decree cannot exist independently.
It
is always drawn in conformity with the judgment pronounced by the Court.
Important
Distinction
Judgment
= Reasons
Decree
= Formal Expression
Q.19. Which one
of the following statements is correct?
(A)
Every Judgment is a Decree.
(B)
Every Decree is a Judgment.
(C)
Every Decree follows a Judgment, but every Judgment does not necessarily result
in a Decree. ✅
(D)
Judgment and Decree are identical.
Answer
✅ (C)
Explanation
The
judgment contains the reasoning and decision of the Court.
The
decree is the formal expression of that adjudication.
Certain
proceedings result only in orders and not decrees.
Judiciary
Exam Tip
This
distinction is repeatedly asked in Haryana, Delhi, Rajasthan, MP and UP
Judiciary examinations.
Q.20. Consider
the following statements regarding a decree:
A
decree must conclusively determine the rights of the parties.
Every
decree is the formal expression of an adjudication.
A
decree may be preliminary or final.
Which
of the above statements is/are correct?
(A)
1 only
(B)
1 and 2 only
(C)
2 and 3 only
(D)
1, 2 and 3 ✅
Answer
✅ (D)
Explanation
All
three statements correctly reflect the definition of "decree" under
Section 2(2) CPC.
A
decree:
conclusively
determines rights,
is
formally expressed,
and
may be preliminary, final, or partly preliminary and partly final.
📌
Chapter Summary (Section 2(2) – Decree)
Essentials
of a Decree
Adjudication
Suit
Determination
of rights
Conclusive
determination
Formal
expression
Included
Preliminary
Decree
Final
Decree
Partly
Preliminary & Partly Final Decree
Rejection
of Plaint
Determination
under Section 144 CPC
Excluded
Appealable
Orders
Dismissal
for Default
Most
Important Judiciary Principle
Every
decree is based on a judgment, but every judgment does not necessarily
culminate in a decree.
HARYANA JUDICIAL SERVICE (CIVIL JUDGE)
Code of Civil Procedure, 1908
Chapter–2 : Section 2 – Definitions
MCQ Bank (Questions 21–30)
Q.21. Under Section 2(3) of the Code of Civil Procedure,
1908, a "Decree-holder" means—
(A) Any person in whose favour a decree has
been passed or an order capable of execution has been made. ✅
(B) Only the successful plaintiff.
(C) The Judge who signs the decree.
(D) The Court executing the decree.
Answer
✅ (A)
Explanation
Section 2(3)
defines a Decree-holder as any person in whose favour:
a decree has
been passed, or
an order capable
of execution has been made.
A decree-holder
need not always be the original plaintiff. A defendant may also become a
decree-holder, for example, where a counterclaim is decreed.
Relevant Provision
Section 2(3),
CPC
Judiciary Exam Tip
Decree-holder
≠ Plaintiff
A defendant can
also become a decree-holder.
Q.22. Which of the following persons may legally
become a decree-holder?
(A) Plaintiff only
(B) Defendant only
(C) Either plaintiff or defendant, depending
upon the decree. ✅
(D) Government only
Answer
✅ (C)
Explanation
The definition
depends upon in whose favour the decree is passed, not on the
designation of the party.
Illustration
A files a suit
against B.
B files a
counterclaim.
The Court
dismisses A's suit but decrees B's counterclaim.
B becomes the
decree-holder.
Q.23. Which of the following statements regarding a
decree-holder is correct?
(A) Every decree-holder is necessarily the
plaintiff.
(B) Every decree-holder must have instituted
the suit.
(C) A decree-holder is the person entitled to
execute the decree. ✅
(D) None of the above.
Answer
✅ (C)
Explanation
The right to
initiate execution proceedings belongs to the decree-holder or his legal
representative, subject to the provisions of the CPC.
Q.24. Under Section 2(4) CPC, the term
"District" means—
(A) Revenue District only.
(B) District as notified by the State
Government for administrative purposes.
(C) The local limits of the jurisdiction of a
Principal Civil Court of Original Jurisdiction. ✅
(D) Parliamentary Constituency.
Answer
✅ (C)
Explanation
For the purposes
of the CPC, "District" refers to the territorial jurisdiction of the Principal
Civil Court of Original Jurisdiction, generally the District Court.
Relevant Provision
Section 2(4),
CPC
Judiciary Exam Tip
Do not confuse:
Revenue District
Administrative
District
Judicial
District
The CPC adopts
the judicial meaning.
Q.25. A "Foreign Court" under Section
2(5) CPC is—
(A) Every court situated outside India.
(B) Every court situated outside India and not
established or continued by the authority of the Central Government. ✅
(C) Every International Tribunal.
(D) Every High Court outside the State.
Answer
✅ (B)
Explanation
A court outside
India is not automatically a foreign court.
If it has been
established or continued by the authority of the Central Government, it is
excluded from the definition.
Relevant Provision
Section 2(5),
CPC
Judiciary Memory Trick
Outside India
+ Not established by Central Government = Foreign Court
Q.26. Which one of the following is an essential
requirement for a Court to qualify as a "Foreign Court"?
(A) It must be situated outside the territorial
limits of India. ✅
(B) It must follow English Common Law.
(C) It must decide commercial disputes only.
(D) It must be recognised by the Supreme Court
of India.
Answer
✅ (A)
Explanation
Location outside
India is the primary requirement, coupled with the statutory condition under
Section 2(5).
Q.27. Under Section 2(6), "Foreign
Judgment" means—
(A) Every judgment delivered by an
International Court.
(B) Judgment of a foreign court. ✅
(C) Judgment delivered outside the State.
(D) Judgment passed by a Tribunal.
Answer
✅ (B)
Explanation
A foreign
judgment simply means the judgment of a foreign court.
Whether such
judgment is conclusive or enforceable is governed separately by Sections 13
and 14 CPC.
Relevant Provision
Section 2(6),
CPC
Judiciary Exam Tip
Definition →
Section 2(6)
Conclusive
Nature → Section 13
Presumption →
Section 14
This distinction
is frequently tested.
Q.28. Which provision determines whether a foreign
judgment is conclusive in India?
(A) Section 2
(B) Section 9
(C) Section 13 ✅
(D) Section 20
Answer
✅ (C)
Explanation
Section 13 lays
down six exceptions where a foreign judgment is not conclusive.
Candidates
should never confuse the definition under Section 2(6) with enforceability
under Section 13.
Judiciary Exam Tip
One of the
favourite preliminary questions:
Section 2(6) → Definition
Section 13 → Conclusiveness
Section 14 → Presumption
Q.29. Which of the following statements is correct
regarding a foreign judgment?
(A) Every foreign judgment is automatically
enforceable in India.
(B) Every foreign judgment is conclusive.
(C) A foreign judgment is conclusive only if it
satisfies Section 13 CPC. ✅
(D) Foreign judgments have no legal value in
India.
Answer
✅ (C)
Explanation
A foreign
judgment is not conclusive merely because it is pronounced by a foreign court.
It must satisfy
the conditions prescribed under Section 13 CPC.
Q.30. Consider the following statements:
Every
decree-holder is necessarily the plaintiff.
A foreign
judgment means the judgment of a foreign court.
The definition
of "District" under CPC refers to the jurisdiction of the Principal
Civil Court of Original Jurisdiction.
Which of the
above statements is/are correct?
(A) 1 only
(B) 2 only
(C) 2 and 3 only ✅
(D) 1, 2 and 3
Answer
✅ (C)
Explanation
Statement 1 is
incorrect because a defendant may also become a decree-holder.
Statement 2
correctly reflects Section 2(6).
Statement 3
correctly states the definition under Section 2(4).
📖
Chapter Revision Table
|
Section |
Definition |
Frequently
Asked |
|
2(2) |
Decree |
★★★★★ |
|
2(3) |
Decree-holder |
★★★★☆ |
|
2(4) |
District |
★★★☆☆ |
|
2(5) |
Foreign Court |
★★★★☆ |
|
2(6) |
Foreign
Judgment |
★★★★★ |
📝 Editorial Note
From Question
31 onward, we will cover Section 2(7) to Section 2(10):
Government
Pleader
Judge
Judgment
Judgment-Debtor
These
definitions are extremely important because questions comparing Judgment vs.
Decree, Judge vs. Court, and Decree-holder vs. Judgment-debtor
are repeatedly asked in judicial service preliminary examinations. We will also
introduce case-law-based and assertion–reason MCQs to closely match the
Haryana Judiciary standard.
start
Excellent. From
this point onward, we'll maintain the standard of a professional judiciary
preparation book—the explanations will not only state the correct answer
but also explain why the other options are incorrect. This is the level
expected of Haryana Judicial Service aspirants.
HARYANA JUDICIAL SERVICE (CIVIL JUDGE)
CODE OF CIVIL PROCEDURE, 1908
Chapter–2 : Section 2 – Definitions
MCQ Bank (Questions 31–40)
Topics
Covered
Section 2(7) –
Government Pleader
Section 2(8) –
Judge
Section 2(9) –
Judgment
Section 2(10) –
Judgment-Debtor
Q.31. Under Section 2(7) of the Code of Civil
Procedure, 1908, the expression "Government Pleader" includes—
(A) Only the Advocate General of a State.
(B) Any officer appointed by the State
Government to perform the functions expressly imposed by the Code upon the
Government Pleader, and also includes the Advocate General when so acting. ✅
(C) Every Public Prosecutor.
(D) Every Government Advocate.
Answer
✅ (B)
Explanation
Section 2(7)
gives an inclusive definition of "Government Pleader."
It covers:
The officer
appointed by the State Government to perform the functions assigned by the CPC
to the Government Pleader.
The Advocate
General when he performs those functions.
The definition
is wider than merely referring to a Government Advocate.
Relevant Provision
Section 2(7),
CPC
Why Other Options are Incorrect
Option (A): Incorrect.
The Advocate General
alone is not the Government Pleader unless acting in that capacity.
Option (C): Incorrect.
A Public
Prosecutor performs functions under criminal law, not under the CPC.
Option (D): Incorrect.
Every Government
Advocate is not necessarily a Government Pleader under the CPC.
Judiciary Tip
Whenever the CPC
uses the word "includes", remember that the definition is inclusive,
not exhaustive.
Q.32. Which of the following correctly describes
the definition of "Judge" under Section 2(8) CPC?
(A) Every Judicial Officer.
(B) The Presiding Officer of a Civil Court. ✅
(C) Every Magistrate.
(D) Every Arbitrator.
Answer
✅ (B)
Explanation
Section 2(8)
defines a Judge simply as the Presiding Officer of a Civil Court.
The definition
is intentionally narrow and applies only for the purposes of the CPC.
Relevant Provision
Section 2(8),
CPC
Judiciary Note
Do not confuse
the CPC definition with the constitutional or general meaning of
"Judge."
Q.33. Which of the following is NOT a Judge within
the meaning of Section 2(8) CPC?
(A) District Judge
(B) Civil Judge (Senior Division)
(C) Civil Judge (Junior Division)
(D) Arbitrator ✅
Answer
✅ (D)
Explanation
An Arbitrator
derives authority from the arbitration agreement and the arbitration law, not
from the CPC as the Presiding Officer of a Civil Court.
Exam Trick
Many preliminary
examinations test whether candidates can distinguish between judicial
authorities and quasi-judicial or private adjudicators.
Q.34. Under Section 2(9) CPC, a
"Judgment" means—
(A) A decree signed by the Court.
(B) The statement given by the Judge on the
grounds of a decree or order. ✅
(C) Every order passed by a Court.
(D) Every finding recorded during trial.
Answer
✅ (B)
Explanation
A judgment is
the reasoned decision of the Court.
It explains:
the facts,
the issues,
the appreciation
of evidence,
the legal
reasoning, and
the ultimate
conclusion.
The decree is
drawn subsequently on the basis of the judgment.
Relevant Provision
Section 2(9),
CPC
Important Formula
Judgment =
Reasons
Decree =
Formal Expression
Q.35. Which of the following best distinguishes a
Judgment from a Decree?
(A) Judgment is executable, whereas decree is
not.
(B) Judgment contains reasons; decree formally
expresses the adjudication. ✅
(C) Both are identical.
(D) Judgment is passed after decree.
Answer
✅ (B)
Explanation
The judgment
contains the reasoning of the Court.
The decree
formally records the adjudication resulting from that judgment.
Why Other Options are Incorrect
Option (A): Incorrect.
A decree is
executable; a judgment itself is generally not.
Option (C): Incorrect.
They are
different legal concepts.
Option (D): Incorrect.
The decree
follows the judgment.
Frequently Asked Question
Judgment →
Decree
Never write:
Decree →
Judgment
Q.36. Under Section 33 CPC—
(A) Decree precedes judgment.
(B) Judgment and decree are pronounced
simultaneously.
(C) Judgment is pronounced first, and
thereafter a decree follows. ✅
(D) Judgment is optional.
Answer
✅ (C)
Explanation
Section 33 CPC
provides:
The Court shall
pronounce judgment, and on such judgment a decree shall follow.
Bare Act Connection
Read together:
Section 2(9)
Section 33
Order XX CPC
These provisions
are frequently linked in Judiciary examinations.
Q.37. Under Section 2(10), a Judgment-Debtor is—
(A) Every defendant.
(B) Every person against whom a decree has been
passed or an executable order has been made. ✅
(C) Every unsuccessful plaintiff.
(D) Every witness.
Answer
✅ (B)
Explanation
A
Judgment-Debtor is the person against whom:
a decree has
been passed, or
an order capable
of execution has been made.
Relevant Provision
Section
2(10), CPC
Judiciary Tip
Remember the
distinction:
Decree-holder
→ Gets the benefit
Judgment-debtor
→ Bears the liability
Q.38. Which of the following correctly describes
the relationship between a Decree-holder and a Judgment-Debtor?
(A) They are always plaintiffs.
(B) They are always defendants.
(C) One is entitled to execute the decree,
while the other is liable to satisfy it. ✅
(D) Both execute the decree jointly.
Answer
✅ (C)
Explanation
The
decree-holder enjoys the benefit of the decree.
The
judgment-debtor is legally obliged to comply with it.
Execution
proceedings primarily regulate this relationship.
Q.39. Consider the following statements:
Every judgment
results in a decree.
Every decree
follows a judgment.
A judgment
contains the reasons for the decision.
Which of the above
statements is/are correct?
(A) 1 only
(B) 2 only
(C) 2 and 3 only ✅
(D) 1, 2 and 3
Answer
✅ (C)
Explanation
Statement 1 is
incorrect because some proceedings culminate only in orders.
Statements 2 and
3 correctly state the law under Sections 2(9) and 33 CPC.
Q.40. Match the following:
|
List I |
List II |
|
A.
Decree-holder |
1. Section
2(10) |
|
B. Judgment |
2. Section
2(3) |
|
C. Judge |
3. Section
2(9) |
|
D.
Judgment-Debtor |
4. Section
2(8) |
Choose the
correct answer.
(A) A–2, B–3, C–4, D–1 ✅
(B) A–1, B–2, C–3, D–4
(C) A–3, B–4, C–2, D–1
(D) A–2, B–4, C–3, D–1
Answer
✅ (A)
📚 Quick Revision Table
|
Section |
Definition |
Judiciary
Importance |
|
2(7) |
Government
Pleader |
⭐⭐⭐ |
|
2(8) |
Judge |
⭐⭐⭐⭐ |
|
2(9) |
Judgment |
⭐⭐⭐⭐⭐ |
|
2(10) |
Judgment-Debtor |
⭐⭐⭐⭐⭐ |
📌 Haryana Judiciary Examiner's Note
The distinction
between Judgment, Decree, Order, Decree-holder, and
Judgment-Debtor is one of the most frequently tested areas in
preliminary examinations. Candidates should not merely memorize the statutory
definitions but understand how these concepts operate during the life cycle of
a civil suit—from adjudication to execution.
Next Chapter (Questions 41–60)
We will cover Section
2(11) to Section 2(18), including:
Legal
Representative
Mesne Profits
Movable Property
Order
Pleader
Prescribed
Public Officer
Rules
These
definitions are highly important because they are regularly tested through
conceptual, application-based, and multi-statement questions in Haryana
Judicial Service and other State Judiciary Preliminary Examinations.
next
Excellent. We will
continue with the same Judiciary Book Standard. In this chapter, we
shall cover Section 2(11) to Section 2(18) of the Code of Civil
Procedure, 1908. These definitions are extremely important because questions on
Legal Representative, Mesne Profits, Order, and Pleader are repeatedly
asked in Haryana Judicial Service, Punjab Judicial Service, Delhi Judicial
Service, and other State Judicial Service Preliminary Examinations.
HARYANA JUDICIAL SERVICE (CIVIL JUDGE)
CODE OF CIVIL PROCEDURE, 1908
Chapter–2 : Section 2 – Definitions
MCQ Bank (Questions 41–50)
Topics
Covered
Section 2(11) –
Legal Representative
Section 2(12) –
Mesne Profits
Section 2(13) –
Movable Property
Section 2(14) –
Order
Section 2(15) –
Pleader
Section 2(16) –
Prescribed
Section 2(17) –
Public Officer
Section 2(18) –
Rules
Q.41. Under Section 2(11) of the Code of Civil
Procedure, 1908, the expression "Legal Representative" means—
(A) Only the legal heirs of a deceased person.
(B) A person who in law represents the estate
of a deceased person, and includes any person who intermeddles with the estate
of the deceased. ✅
(C) Only the executor appointed under a will.
(D) Only the nominee of the deceased.
Answer
✅ (B)
Explanation
Section 2(11)
gives a very wide definition of "Legal Representative."
It includes:
A person who
legally represents the estate of the deceased.
Any person who intermeddles
with the estate of the deceased.
Where a party
sues or is sued in a representative character, the person on whom the estate
devolves.
Thus, the
definition extends beyond legal heirs and may include executors,
administrators, or others who lawfully represent or deal with the estate.
Relevant Provision
Section
2(11), CPC
Why Other Options are Incorrect
Option (A): Incorrect. Legal representatives are not
confined to legal heirs.
Option (C): Incorrect. An executor is one example but
not the only legal representative.
Option (D): Incorrect. A nominee is not necessarily a
legal representative in law.
Judiciary Exam Tip
The word "includes"
makes the definition inclusive and wider than ordinary legal heirs.
Q.42. Which one of the following may also be
treated as a Legal Representative under the CPC?
(A) A stranger having no connection with the
estate.
(B) A person who intermeddles with the estate of
the deceased. ✅
(C) Every witness in the suit.
(D) Every advocate appearing in the case.
Answer
✅ (B)
Explanation
A person who
takes possession of or deals with the estate of the deceased without lawful
authority is said to intermeddle with the estate. Such a person may fall
within the statutory definition of a legal representative for the purposes of
the CPC.
Judiciary Tip
Intermeddler
= Legal Representative (for CPC purposes).
Q.43. "Mesne Profits" under Section 2(12)
CPC refers to—
(A) Profit earned by a lawful owner.
(B) Profit received by a person in wrongful
possession of property, together with interest on such profits. ✅
(C) Agricultural income only.
(D) Compensation awarded by a criminal court.
Answer
✅ (B)
Explanation
Mesne profits
are the profits that a person in wrongful possession of immovable
property actually received or could, with ordinary diligence, have received,
together with interest. They do not include profits due to improvements
made by the wrongful possessor.
Relevant Provision
Section
2(12), CPC
Judiciary Exam Tip
Remember the
three essentials:
Wrongful
possession.
Actual or
potential profits.
Interest
included, improvements excluded.
Q.44. Which of the following is NOT included in
mesne profits?
(A) Rent received by the wrongful possessor.
(B) Income that could have been earned with
ordinary diligence.
(C) Interest on such profits.
(D) Profits attributable to improvements made
by the wrongful possessor. ✅
Answer
✅ (D)
Explanation
Section 2(12)
expressly excludes profits arising from improvements made by the person in
wrongful possession.
Frequently Asked Point
Interest is
included; value of improvements is excluded.
Q.45. Under Section 2(13) CPC, "Movable
Property" includes—
(A) Standing timber, growing crops and grass.
(B) Only household goods.
(C) Property of every description except
immovable property. ✅
(D) Agricultural land.
Answer
✅ (C)
Explanation
For the purposes
of the CPC, movable property broadly covers every type of property that is not
immovable, subject to the statutory context. Questions often test the
distinction between movable and immovable property in execution proceedings.
Relevant Provision
Section
2(13), CPC
Judiciary Tip
Read this
definition with the General Clauses Act, 1897 and the Transfer of Property
Act, 1882, as comparative questions are common.
Q.46. Under Section 2(14) CPC, an "Order"
means—
(A) The formal expression of every decision of
a Civil Court which is not a decree. ✅
(B) Every judgment delivered by a Civil Court.
(C) Every administrative direction issued by a
Judge.
(D) Every decree passed by a Civil Court.
Answer
✅ (A)
Explanation
An order is the
formal expression of a decision of a civil court that does not amount to a
decree. Unlike a decree, an order may not conclusively determine the rights
of the parties.
Relevant Provision
Section
2(14), CPC
Judiciary Exam Tip
Decree =
Conclusive determination of rights in a suit.
Order =
Formal decision that is not a decree.
Q.47. Which one of the following correctly
distinguishes a Decree from an Order?
(A) Every order is a decree.
(B) Every decree is an order.
(C) A decree conclusively determines rights in
a suit, whereas an order is a formal decision which does not amount to a
decree. ✅
(D) There is no distinction between the two.
Answer
✅ (C)
Explanation
This distinction
is fundamental. A decree conclusively determines rights regarding matters in
controversy in a suit, while an order may decide procedural or interlocutory
matters without amounting to a decree.
Judiciary Exam Tip
This is one of
the most frequently asked conceptual distinctions in judicial service
examinations.
Q.48. Under Section 2(15) CPC, a
"Pleader" means—
(A) Only an Advocate enrolled under the
Advocates Act, 1961.
(B) Any person entitled to appear and plead for
another in Court, including an Advocate. ✅
(C) Only the Attorney General of India.
(D) Only the Government Pleader.
Answer
✅ (B)
Explanation
The definition
of "Pleader" is broad. It includes advocates and any other person who
is legally authorised to appear and plead for another before a court.
Relevant Provision
Section
2(15), CPC
Judiciary Tip
Every advocate
is a pleader, but not every pleader is necessarily an advocate under all
statutory contexts.
Q.49. Under the CPC, the expression
"Prescribed" means—
(A) Prescribed by the Constitution.
(B) Prescribed by the Rules made under the
Code. ✅
(C) Prescribed by executive instructions.
(D) Prescribed by judicial precedents.
Answer
✅ (B)
Explanation
Section 2(16)
states that "Prescribed" means prescribed by rules framed under the
CPC. This ensures procedural uniformity.
Relevant Provision
Section
2(16), CPC
Q.50. Consider the following statements:
A Legal
Representative includes a person who intermeddles with the estate of the
deceased.
Mesne profits
include profits attributable to improvements made by the wrongful possessor.
An Order is the
formal expression of a decision of a Civil Court which is not a decree.
Which of the
statements given above is/are correct?
(A) 1 and 2 only
(B) 2 and 3 only
(C) 1 and 3 only ✅
(D) 1, 2 and 3
Answer
✅ (C)
Explanation
Statement 1: Correct. Section 2(11) includes an
intermeddler within the definition of a legal representative.
Statement 2: Incorrect. Profits attributable to
improvements made by the wrongful possessor are expressly excluded from mesne
profits.
Statement 3: Correct. Section 2(14) defines an order as
the formal expression of a decision of a civil court that is not a decree.
Quick Revision Table
|
Section |
Definition |
Importance |
|
2(11) |
Legal
Representative |
⭐⭐⭐⭐⭐ |
|
2(12) |
Mesne Profits |
⭐⭐⭐⭐⭐ |
|
2(13) |
Movable
Property |
⭐⭐⭐ |
|
2(14) |
Order |
⭐⭐⭐⭐⭐ |
|
2(15) |
Pleader |
⭐⭐⭐⭐ |
|
2(16) |
Prescribed |
⭐⭐⭐ |
|
2(17) |
Public Officer |
⭐⭐⭐ |
|
2(18) |
Rules |
⭐⭐⭐ |
Editorial Recommendation for the Book
For a judiciary
book that stands above ordinary MCQ compilations, I recommend that every
chapter include:
Objective
MCQs (Easy → Moderate → Advanced)
Assertion–Reason
MCQs
Statement-based
MCQs
Case-based
MCQs (Judiciary Standard)
Previous Year
Questions (State-wise)
Landmark
Supreme Court Decisions
One-page Bare
Act Revision Notes
Common
Examination Traps and Memory Aids
This structure
will make the book suitable not only for Haryana Judicial Service but also for
other State Judicial Service examinations across India.
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