FACTWARRIOR®
THE CODE OF CIVIL PROCEDURE, 1908 (CPC)
Practice Paper Series for Judicial Services
250+ Chapter-wise Multiple Choice Questions (MCQs)
Based on Haryana Judicial Services & Other State Judicial Service Examinations
For Practice | Revision | Self-Assessment
Useful For
Judicial Services Examination • Haryana Civil Judge • Delhi Judicial Service • Rajasthan Judicial Service • Punjab Civil Judge • Uttar Pradesh PCS(J) • Bihar Judicial Service • Madhya Pradesh Civil Judge • Uttarakhand Judicial Service • Himachal Pradesh Judicial Service • Chhattisgarh Civil Judge • Jharkhand Civil Judge • APO • Assistant Registrar • Law Officer • LL.B. • LL.M. • UGC-NET (Law) and Other Competitive ExaminationsPRACTICE PAPER–1 (Based on Haryana Judicial Services Examination Pattern)
For Judicial Services Aspirants | Civil Judge | APO | ADA | LL.B. | LL.M. | UGC-NET (Law) | Other Competitive Law Examinations
CHAPTER–1
Preliminary, Definitions and Jurisdiction (Sections 1–9 CPC)
| Q.1–5 | Q.6–10 |
|---|---|
| 1. The Code of Civil Procedure, 1908 came into force on: A. 1 January 1908 B. 1 January 1909 C. 26 January 1950 D. 15 August 1947 Ans. ✔ B Sec.: 1 CPC. Explanation: The CPC was enacted in 1908 but came into force on 1 January 1909. Asked: Rajasthan, MP, Haryana (Concept). | 6. The expression "Judge" under Section 2(8) CPC means: A. District Judge only B. High Court Judge only C. Presiding Officer of a Civil Court D. Any Judicial Officer Ans. ✔ C Sec.: 2(8). Explanation: Judge means the Presiding Officer of a Civil Court. |
| 2. The Code of Civil Procedure is primarily a: A. Penal Law B. Procedural Law C. Substantive Law D. Fiscal Law Ans. ✔ B Explanation: CPC prescribes the procedure for adjudication of civil disputes and does not create substantive rights. Case: State of Punjab v. Shamlal Murari, (1976) 1 SCC 719. Asked: Haryana, Delhi. | 7. Which of the following is included within the definition of "Decree"? A. Order returning plaint B. Dismissal of suit for default C. Rejection of plaint D. Order refusing amendment Ans. ✔ C Sec.: 2(2). Explanation: Rejection of a plaint is expressly included in the definition of decree. Case: Shankar Balwant Lokhande v. Chandrakant Lokhande, (1995) 3 SCC 413. |
| 3. The Code of Civil Procedure extends to: A. Whole of India without exception B. Union Territories only C. Whole of India except areas excluded by Section 1(3) D. States only Ans. ✔ C Sec.: 1(3). Explanation: CPC extends throughout India subject to statutory exclusions. Asked: Haryana (2024). | 8. Every decree is: A. Judgment only B. Appeal only C. An order, but every order is not a decree D. Execution proceeding Ans. ✔ C Sec.: 2(2), 2(14). Explanation: Every decree is an order, but every order does not amount to a decree. Case: Major S.S. Khanna v. Brig. Dillon, AIR 1964 SC 497. |
| 4. Section 9 CPC embodies the principle that: A. Criminal Courts have unlimited jurisdiction. B. Civil Courts have jurisdiction unless expressly or impliedly barred. C. Revenue Courts decide every dispute. D. High Courts alone decide civil suits. Ans. ✔ B Sec.: 9. Explanation: Civil jurisdiction is the general rule; exclusion is the exception. Case: Dhulabhai v. State of M.P., AIR 1969 SC 78. | 9. Which of the following is not a decree? A. Preliminary decree B. Final decree C. Partly preliminary and partly final decree D. Dismissal of suit for default Ans. ✔ D Sec.: 2(2). Explanation: Dismissal for default is specifically excluded from the definition of decree. |
| 5. A Civil Court's jurisdiction may be excluded: A. Only expressly B. Only impliedly C. Either expressly or impliedly D. Never Ans. ✔ C Sec.: 9. Explanation: Jurisdiction may be excluded by express words or necessary implication. Case: Secretary of State v. Mask & Co., AIR 1940 PC 105. | 10. "Mesne Profits" means: A. Future profits B. Rent payable under lease C. Profits received by a person in wrongful possession D. Agricultural income only Ans. ✔ C Sec.: 2(12). Explanation: Mesne profits are profits actually or constructively received by a wrongful possessor together with interest. |
Judicial Revision Box
| Section | Topic |
|---|---|
| Section 1 | Short Title, Extent & Commencement |
| Section 2(2) | Decree |
| Section 2(8) | Judge |
| Section 2(11) | Legal Representative |
| Section 2(12) | Mesne Profits |
| Section 2(14) | Order |
| Section 9 | Jurisdiction of Civil Courts |
Important Supreme Court Cases
- Dhulabhai v. State of Madhya Pradesh, AIR 1969 SC 78 – Exclusion of Civil Court's Jurisdiction.
- Major S.S. Khanna v. Brig. F.J. Dillon, AIR 1964 SC 497 – Distinction between Decree and Order.
- Shankar Balwant Lokhande v. Chandrakant Shankar Lokhande, (1995) 3 SCC 413 – Rejection of plaint is a decree.
- State of Punjab v. Shamlal Murari, (1976) 1 SCC 719 – Procedural law advances justice.
-
Secretary of State v. Mask & Co., AIR 1940 PC 105 – Civil Court jurisdiction is not readily excluded.
Preliminary, Definitions & Jurisdiction (Sections 1–9 CPC)
Questions 11–20
Q.11–15 Q.16–20 11. "Judgment" under Section 2(9) CPC means:
A. Final Order only
B. Decree passed by Court
C. Statement given by the Judge on the grounds of a decree or order
D. Evidence recorded by Court
Ans. ✔ C
Sec.: 2(9).
Explanation: A judgment contains the reasons for passing a decree or order.
Asked: Haryana (2024), Rajasthan (Concept).16. Under Section 9 CPC, the expression "civil nature" means:
A. Only property disputes
B. Only contractual disputes
C. All disputes relating to civil rights unless barred by law
D. Revenue disputes only
Ans. ✔ C
Sec.: 9.
Explanation: Even if religious or political issues are involved, if a civil right exists, the suit is maintainable.
Case: Most Rev. P.M.A. Metropolitan v. Moran Mar Marthoma, (1995) 4 SCC 286.12. "Order" under Section 2(14) CPC means:
A. Every decree
B. Every judgment
C. Formal expression of any decision of a Civil Court which is not a decree
D. Every execution order
Ans. ✔ C
Sec.: 2(14).
Explanation: Every decree is an order, but every order is not a decree.17. A suit relating to the right to worship in a temple is:
A. Not maintainable.
B. Purely religious.
C. A suit of civil nature.
D. Maintainable only before the High Court.
Ans. ✔ C
Sec.: 9.
Explanation: A right to worship is a civil right.
Case: Most Rev. P.M.A. Metropolitan (supra).13. "Foreign Court" means a Court situated:
A. Outside the State.
B. Outside the District.
C. Outside India and not established or continued by the authority of the Central Government.
D. In any Union Territory.
Ans. ✔ C
Sec.: 2(5).
Explanation: The definition depends upon sovereignty and establishment by the Central Government.18. A suit is barred by a special statute. Civil Court's jurisdiction will be excluded:
A. Never.
B. Only when parties agree.
C. Where exclusion is express or necessarily implied.
D. Only by notification.
Ans. ✔ C
Sec.: 9.
Explanation: Exclusion cannot be readily inferred.
Case: Dhulabhai v. State of M.P., AIR 1969 SC 78.14. "Foreign Judgment" is defined under:
A. Section 2(4)
B. Section 2(6)
C. Section 2(7)
D. Section 2(13)
Ans. ✔ B
Explanation: A foreign judgment is the judgment of a foreign Court.19. The jurisdiction of Civil Courts is based on the principle that:
A. Jurisdiction must always be expressly conferred.
B. Jurisdiction is presumed unless barred.
C. Civil Courts have limited jurisdiction.
D. Revenue Courts have superior jurisdiction.
Ans. ✔ B
Explanation: Section 9 gives Civil Courts very wide jurisdiction.
Case: Abdul Waheed Khan v. Bhawani, AIR 1966 SC 1718.15. "District" under CPC means:
A. Revenue District only.
B. Local limits of the jurisdiction of a Principal Civil Court of Original Jurisdiction.
C. Police District.
D. Municipal Area.
Ans. ✔ B
Sec.: 2(4).
Explanation: District is defined with reference to the jurisdiction of the Principal Civil Court.20. Which one of the following is not a suit of civil nature?
A. Suit relating to property.
B. Suit relating to office carrying civil rights.
C. Suit for declaration of legal character.
D. Criminal prosecution for theft.
Ans. ✔ D
Sec.: 9.
Explanation: Criminal prosecutions are governed by criminal law and not by the CPC.Judicial Revision Box
Most Frequently Asked Sections
- Section 2(4) – District
- Section 2(5) – Foreign Court
- Section 2(6) – Foreign Judgment
- Section 2(9) – Judgment
- Section 2(14) – Order
- Section 9 – Civil Court Jurisdiction
Important Cases
- Dhulabhai v. State of Madhya Pradesh, AIR 1969 SC 78 – Exclusion of Civil Court's jurisdiction.
- Most Rev. P.M.A. Metropolitan v. Moran Mar Marthoma, (1995) 4 SCC 286 – Meaning of "suit of a civil nature."
- Secretary of State v. Mask & Co., AIR 1940 PC 105 – Exclusion of jurisdiction is not readily inferred.
- Major S.S. Khanna v. Brig. F.J. Dillon, AIR 1964 SC 497 – Distinction between decree and order.
Trend Analysis
These concepts have repeatedly appeared in Haryana Judicial Service, Delhi Judicial Service, Rajasthan Judicial Service, Punjab Civil Judge, Uttar Pradesh PCS(J), Madhya Pradesh Civil Judge, Bihar Judicial Service, Uttarakhand Judicial Service, and Himachal Pradesh Judicial Service examinations, making them foundational for CPC preparation.
Preliminary, Definitions & Jurisdiction (Sections 1–9 CPC)
Questions 21–30
Q.21–25 Q.26–30 21. Which of the following statements regarding Section 9 CPC is correct?
A. Civil Courts can try only property disputes.
B. Civil Courts can try only contractual disputes.
C. Civil Courts shall try all suits of a civil nature except those expressly or impliedly barred.
D. Civil Courts have jurisdiction only when specifically conferred.
Ans. ✔ C
Sec.: 9.
Explanation: Jurisdiction of Civil Courts is very wide and exclusion is an exception.
Case: Dhulabhai v. State of M.P., AIR 1969 SC 78.
Asked: Haryana, Delhi, Rajasthan.26. A decree becomes executable:
A. Immediately after arguments.
B. After framing of issues.
C. After it is formally drawn and signed by the Court.
D. Only after appeal is dismissed.
Ans. ✔ C
Sec.: 33, Order XX Rule 6.
Explanation: Execution follows preparation of the decree in accordance with the judgment.
Case: Shankar Balwant Lokhande v. Chandrakant Lokhande, (1995) 3 SCC 413.22. A right to perform religious ceremonies in a temple is:
A. Purely religious and not enforceable.
B. Political in nature.
C. A civil right enforceable by a Civil Court.
D. Triable only by a Religious Tribunal.
Ans. ✔ C
Sec.: 9.
Explanation: A right connected with worship affecting civil rights is a suit of civil nature.
Case: Most Rev. P.M.A. Metropolitan v. Moran Mar Marthoma, (1995) 4 SCC 286.27. Under CPC, "Order" means:
A. Every Judgment.
B. Every Decree.
C. Formal expression of any decision of a Civil Court which is not a decree.
D. Any oral direction of Court.
Ans. ✔ C
Sec.: 2(14).
Explanation: Orders may or may not determine rights finally.23. A suit relating to hereditary management of a religious institution is:
A. Not maintainable.
B. A criminal proceeding.
C. A suit of civil nature.
D. Maintainable only before the High Court.
Ans. ✔ C
Sec.: 9.
Explanation: Civil rights connected with religious offices fall within Section 9.
Case: Most Rev. P.M.A. Metropolitan (supra).28. "Mesne Profits" include:
A. Damages only.
B. Profits actually received or which might with ordinary diligence have been received together with interest.
C. Future rent only.
D. Court costs only.
Ans. ✔ B
Sec.: 2(12).
Explanation: Interest forms part of mesne profits, but improvements made by the wrongdoer are excluded.24. Which of the following is not included in the definition of "Legal Representative"?
A. Executor.
B. Administrator.
C. Intermeddler.
D. Advocate for the deceased.
Ans. ✔ D
Sec.: 2(11).
Explanation: An advocate merely represents a party and does not represent the estate of the deceased.
Asked: MP Judiciary, Haryana (Concept).29. The jurisdiction of Civil Courts should be construed:
A. Narrowly.
B. Liberally unless excluded by statute.
C. Strictly against the plaintiff.
D. Only by implication.
Ans. ✔ B
Sec.: 9.
Explanation: Every presumption is in favour of Civil Court jurisdiction.
Case: Secretary of State v. Mask & Co., AIR 1940 PC 105.25. Which one of the following is not a characteristic of a decree?
A. Formal expression.
B. Conclusive determination.
C. Determination of rights of parties.
D. Every interlocutory order.
Ans. ✔ D
Sec.: 2(2).
Explanation: Interlocutory orders are generally not decrees unless specifically included.30. The principal object of the Code of Civil Procedure is to:
A. Create substantive civil rights.
B. Punish wrongdoers.
C. Regulate the procedure for adjudication of civil disputes.
D. Confer criminal jurisdiction.
Ans. ✔ C
Explanation: CPC is a procedural statute intended to facilitate the administration of civil justice.
Case: State of Punjab v. Shamlal Murari, (1976) 1 SCC 719.Judicial Services Quick Revision (Sections 1–9 CPC)
Frequently Asked in: Haryana Judicial Service, Delhi Judicial Service, Rajasthan Judicial Service, Punjab Civil Judge, UP PCS(J), MP Civil Judge, Bihar Judicial Service, Uttarakhand Civil Judge.
One-Liner Revision
- Section 1 – Short title, extent and commencement.
- Section 2(2) – Decree.
- Section 2(4) – District.
- Section 2(5) – Foreign Court.
- Section 2(6) – Foreign Judgment.
- Section 2(8) – Judge.
- Section 2(9) – Judgment.
- Section 2(11) – Legal Representative.
- Section 2(12) – Mesne Profits.
- Section 2(14) – Order.
- Section 9 – Jurisdiction of Civil Courts.
Important Cases to Remember
- Dhulabhai v. State of Madhya Pradesh, AIR 1969 SC 78.
- Secretary of State v. Mask & Co., AIR 1940 PC 105.
- Most Rev. P.M.A. Metropolitan v. Moran Mar Marthoma, (1995) 4 SCC 286.
- Major S.S. Khanna v. Brig. F.J. Dillon, AIR 1964 SC 497.
-
State of Punjab v. Shamlal Murari, (1976) 1 SCC 719.
Chapter–2 : Jurisdiction of Civil Courts
(Sections 9–15 CPC)
Questions 31–40
Q.31–35 Q.36–40 31. X files a suit seeking declaration of title over agricultural land. The defendant contends that the matter falls exclusively within the jurisdiction of the Revenue Court under a special statute. The Civil Court should:
A. Always entertain the suit.
B. Examine whether jurisdiction is expressly or impliedly barred.
C. Reject the plaint without examining the statute.
D. Refer the matter to the High Court.
Ans. ✔ B
Sec.: 9 CPC.
Explanation: Civil Court jurisdiction is excluded only when the statute expressly or impliedly bars it.
Case: Dhulabhai v. State of M.P., AIR 1969 SC 78.
Asked: Haryana (Concept), Rajasthan, UP PCS(J).36. Section 10 CPC applies where:
A. Two decrees exist.
B. Two appeals are pending.
C. Two previously instituted suits involve substantially the same matter in issue.
D. Two execution petitions are pending.
Ans. ✔ C
Sec.: 10 CPC.
Explanation: The later suit is stayed to avoid conflicting decisions.
Case: National Institute of Mental Health v. C. Parameshwara, (2005) 2 SCC 256.32. The burden of proving that the jurisdiction of a Civil Court is barred lies upon:
A. Plaintiff.
B. Person asserting such bar.
C. Court.
D. Government.
Ans. ✔ B
Explanation: Jurisdiction is presumed unless excluded by law.
Case: Secretary of State v. Mask & Co., AIR 1940 PC 105.37. Section 10 CPC does not apply when:
A. Matter in issue is directly and substantially the same.
B. Parties are litigating under the same title.
C. Earlier suit is pending before a competent Court.
D. Earlier suit has already been decided.
Ans. ✔ D
Explanation: Once decided, Section 11 (Res Judicata), not Section 10, applies.33. A suit involving only religious rites without any civil consequence is:
A. Suit of civil nature.
B. Not maintainable under Section 9 CPC.
C. Always maintainable.
D. Maintainable only before the District Judge.
Ans. ✔ B
Explanation: Purely religious questions without civil rights are outside Section 9.
Case: Most Rev. P.M.A. Metropolitan, (1995) 4 SCC 286.38. Which of the following is not an essential condition for Section 10 CPC?
A. Previously instituted suit.
B. Same matter directly and substantially in issue.
C. Same relief claimed in both suits.
D. Earlier suit pending before a competent Court.
Ans. ✔ C
Explanation: Relief may differ; identity of the matter in issue is material.
Asked: Delhi Judicial Service (Concept).34. Jurisdiction over the subject matter cannot ordinarily be conferred by:
A. Statute.
B. Constitution.
C. Consent of parties.
D. Law.
Ans. ✔ C
Explanation: Parties cannot confer jurisdiction where none exists.
Case: Kiran Singh v. Chaman Paswan, AIR 1954 SC 340.
Asked: Haryana, MP Judiciary.39. The object of Section 10 CPC is to:
A. Delay litigation.
B. Increase costs.
C. Prevent parallel trials and conflicting judgments.
D. Confer appellate jurisdiction.
Ans. ✔ C
Explanation: It avoids multiplicity of proceedings.35. A decree passed by a Court having no inherent jurisdiction is:
A. Voidable.
B. Irregular only.
C. A nullity.
D. Binding unless appealed.
Ans. ✔ C
Explanation: Such a decree can be challenged even in execution proceedings.
Case: Kiran Singh v. Chaman Paswan, AIR 1954 SC 340.
Asked: Haryana (2024), Delhi, Bihar.40. Section 10 CPC provides for:
A. Rejection of plaint.
B. Return of plaint.
C. Stay of suit.
D. Transfer of suit.
Ans. ✔ C
Sec.: 10 CPC.
Explanation: Section 10 stays the trial of the subsequent suit; it does not dismiss or reject it.
Case: Indian Bank v. Maharashtra State Cooperative Marketing Federation Ltd., (1998) 5 SCC 69.
Judicial Services Revision Box
Frequently Asked Sections
- Section 9 – Jurisdiction of Civil Courts
- Section 10 – Stay of Suit (Res Sub Judice)
- Section 11 – Res Judicata (Coming in the next set)
Most Important Supreme Court Cases
- Dhulabhai v. State of Madhya Pradesh, AIR 1969 SC 78.
- Kiran Singh v. Chaman Paswan, AIR 1954 SC 340.
- Indian Bank v. Maharashtra State Cooperative Marketing Federation Ltd., (1998) 5 SCC 69.
- National Institute of Mental Health & Neuro Sciences v. C. Parameshwara, (2005) 2 SCC 256.
- Secretary of State v. Mask & Co., AIR 1940 PC 105.
Examination Trend
Sections 9, 10 and 11 CPC are among the most frequently tested provisions in Judicial Services examinations. Questions often combine:
- Practical jurisdiction problems,
- Distinction between Res Sub Judice and Res Judicata,
- Effect of lack of jurisdiction,
-
Landmark Supreme Court rulings.
CHAPTER–3 : RES JUDICATA (SECTION 11 CPC)
Questions 41–50
Q.41–45 Q.46–50 41. The doctrine of Res Judicata is incorporated under:
A. Section 9 CPC
B. Section 10 CPC
C. Section 11 CPC
D. Section 12 CPC
Ans. ✔ C
Explanation: Section 11 bars re-litigation of matters already finally decided by a competent Court.
Case: Satyadhyan Ghosal v. Deorajin Debi, AIR 1960 SC 941.
Asked: Haryana (2024), Delhi, Rajasthan.46. Which one of the following is not an essential condition for the application of Res Judicata?
A. Matter directly and substantially in issue.
B. Former suit decided by a competent Court.
C. Parties litigating under the same title.
D. Identity of relief claimed.
Ans. ✔ D
Explanation: Identity of the matter in issue is essential; identity of relief is not.42. The object of the doctrine of Res Judicata is to:
A. Increase litigation.
B. Delay proceedings.
C. Prevent multiplicity of litigation and give finality to judicial decisions.
D. Confer jurisdiction upon Civil Courts.
Ans. ✔ C
Explanation: It is based on the maxim Interest reipublicae ut sit finis litium.
Case: Daryao v. State of U.P., AIR 1961 SC 1457.47. Constructive Res Judicata is contained in:
A. Explanation II to Section 11.
B. Explanation III to Section 11.
C. Explanation IV to Section 11.
D. Explanation VIII to Section 11.
Ans. ✔ C
Explanation: Matters which ought to have been raised earlier are deemed to have been directly and substantially in issue.
Asked: Haryana, UP PCS(J), MP Judiciary.43. A matter finally decided by a competent Court cannot ordinarily be reopened because:
A. Principle of Estoppel.
B. Principle of Res Judicata.
C. Doctrine of Election.
D. Waiver.
Ans. ✔ B
Explanation: Section 11 prevents repeated adjudication of the same issue.48. X sued Y for declaration of title. He omitted a plea which he could and ought to have raised. In a subsequent suit he raises that plea. The suit is barred by:
A. Estoppel.
B. Waiver.
C. Constructive Res Judicata.
D. Res Sub Judice.
Ans. ✔ C
Explanation: Explanation IV bars issues that ought to have been raised in the former suit.
Case: Forward Construction Co. v. Prabhat Mandal, (1986) 1 SCC 100.44. Res Judicata applies between:
A. Different parties only.
B. Stranger parties only.
C. Same parties or parties claiming under them.
D. Witnesses.
Ans. ✔ C
Explanation: Parties must litigate under the same title.49. Which maxim forms the basis of Res Judicata?
A. Actus non facit reum nisi mens sit rea.
B. Ubi jus ibi remedium.
C. Interest reipublicae ut sit finis litium.
D. Volenti non fit injuria.
Ans. ✔ C
Explanation: Public policy requires that litigation must come to an end.45. Res Judicata applies to:
A. Civil suits only.
B. Criminal trials only.
C. Civil proceedings including certain execution and writ proceedings.
D. Arbitration proceedings only.
Ans. ✔ C
Explanation: The doctrine has been applied beyond ordinary civil suits where the conditions are satisfied.
Case: Hope Plantations Ltd. v. Taluk Land Board, (1999) 5 SCC 590.50. A decision delivered by a Court lacking inherent jurisdiction:
A. Operates as Res Judicata.
B. Operates as Constructive Res Judicata.
C. Does not operate as Res Judicata.
D. Operates only in appeal.
Ans. ✔ C
Explanation: A decree passed without inherent jurisdiction is a nullity and cannot found Res Judicata.
Case: Kiran Singh v. Chaman Paswan, AIR 1954 SC 340.
Judicial Services Quick Revision
Section 11 CPC – Frequently Asked Concepts
✔ Essentials of Res Judicata
✔ Directly and substantially in issue
✔ Former suit
✔ Competent Court
✔ Same parties
✔ Same title
✔ Matter heard and finally decided
✔ Constructive Res Judicata
✔ Res Judicata in execution proceedings
✔ Res Judicata in writ proceedings
Most Important Supreme Court Cases
- Satyadhyan Ghosal v. Deorajin Debi, AIR 1960 SC 941 – Scope and object of Res Judicata.
- Daryao v. State of U.P., AIR 1961 SC 1457 – Res Judicata applies to writ proceedings.
- Forward Construction Co. v. Prabhat Mandal, (1986) 1 SCC 100 – Constructive Res Judicata.
- Hope Plantations Ltd. v. Taluk Land Board, (1999) 5 SCC 590 – Public policy behind Res Judicata.
- Kiran Singh v. Chaman Paswan, AIR 1954 SC 340 – No Res Judicata where the Court lacked inherent jurisdiction.
Trend Analysis
The topic of Res Judicata has consistently appeared in Haryana Judicial Service, Delhi Judicial Service, Rajasthan Judicial Service, Punjab Civil Judge, Uttar Pradesh PCS(J), Madhya Pradesh Civil Judge, Bihar Judicial Service, Chhattisgarh Civil Judge, and Uttarakhand Judicial Service examinations. Questions frequently test Constructive Res Judicata, Explanation IV, and the distinction between Res Judicata and Res Sub Judice through factual problem-based scenarios.
CHAPTER–3 : RES JUDICATA (SECTION 11 CPC)
Questions 51–60
Q.51–55 Q.56–60 51. Which of the following is not an essential ingredient of Res Judicata?
A. Former suit decided by a competent Court.
B. Matter directly and substantially in issue.
C. Matter heard and finally decided.
D. Same advocate appearing in both suits.
Ans. ✔ D
Sec.: 11 CPC.
Explanation: Identity of advocates is irrelevant; identity of parties and issues is material.
Asked: Haryana (Concept), Rajasthan.56. A decision on a preliminary issue relating to jurisdiction by a competent Court, if final, may operate as:
A. Estoppel only.
B. Res Judicata.
C. Waiver.
D. Admission.
Ans. ✔ B
Explanation: A jurisdictional issue finally decided by a competent Court may operate as Res Judicata between the parties.
Case: Satyadhyan Ghosal v. Deorajin Debi, AIR 1960 SC 941.52. Explanation IV to Section 11 embodies the doctrine of:
A. Res Sub Judice.
B. Estoppel.
C. Constructive Res Judicata.
D. Election.
Ans. ✔ C
Explanation: Matters which "might and ought" to have been raised are deemed to have been directly and substantially in issue.
Asked: Haryana, UP PCS(J), Delhi.57. Which of the following best explains the expression "matter directly and substantially in issue"?
A. Every fact mentioned in pleadings.
B. Every document produced.
C. The principal issue necessary for adjudication of the suit.
D. Every argument advanced by counsel.
Ans. ✔ C
Explanation: The issue must be fundamental to the decision of the suit.53. X files a suit for declaration of title. The suit is dismissed after full trial. X files another suit against Y claiming the same title on the same facts. The subsequent suit is:
A. Maintainable.
B. Liable to be stayed under Section 10.
C. Barred by Res Judicata.
D. Barred by limitation only.
Ans. ✔ C
Explanation: A matter finally decided cannot be re-agitated.
Case: Hope Plantations Ltd. v. Taluk Land Board, (1999) 5 SCC 590.58. The principle of Res Judicata is based primarily upon:
A. Equity alone.
B. Natural Justice alone.
C. Public policy and finality of litigation.
D. Criminal jurisprudence.
Ans. ✔ C
Explanation: The law discourages repeated litigation over the same dispute.54. Res Judicata between co-defendants applies when:
A. There is no conflict of interest.
B. There is a necessary conflict decided finally by the Court.
C. They belong to different States.
D. Both are government servants.
Ans. ✔ B
Explanation: The issue between co-defendants must have been necessary for deciding the suit.
Case: Mahboob Sahab v. Syed Ismail, (1995) 3 SCC 693.59. Explanation VI to Section 11 CPC primarily relates to:
A. Foreign Judgments.
B. Appeals.
C. Representative Suits.
D. Review.
Ans. ✔ C
Explanation: A decision in a representative suit binds all persons represented therein.
Asked: Rajasthan, MP Judiciary.55. Which one of the following statements is correct?
A. Res Judicata applies only to suits.
B. It never applies to execution proceedings.
C. It may apply to execution proceedings if the necessary conditions are fulfilled.
D. It applies only to criminal proceedings.
Ans. ✔ C
Explanation: The doctrine extends to execution proceedings to prevent repeated adjudication of the same issue.
Case: Satyadhyan Ghosal (supra).60. A writ petition under Article 226 is dismissed on merits. A second writ petition on the same cause of action is generally:
A. Always maintainable.
B. Maintainable with permission of the High Court.
C. Barred by the principle of Res Judicata.
D. Barred only by limitation.
Ans. ✔ C
Explanation: The doctrine of Res Judicata applies to writ proceedings decided on merits.
Case: Daryao v. State of U.P., AIR 1961 SC 1457.
Judicial Services Revision Box
Explanations to Section 11 Frequently Asked
- Explanation I – Former suit.
- Explanation II – Competence of Court.
- Explanation III – Matter actually in issue.
- Explanation IV – Constructive Res Judicata.
- Explanation V – Relief claimed but not granted.
- Explanation VI – Representative suits.
- Explanation VII – Execution proceedings.
- Explanation VIII – Issue decided by a Court of limited jurisdiction.
Golden Principles for Judiciary Exams
✔ Res Sub Judice → Pending litigation (Section 10)
✔ Res Judicata → Litigation already decided (Section 11)
✔ Constructive Res Judicata → "Might and Ought" Rule
✔ Court without inherent jurisdiction → Decision is a nullity; no Res Judicata.
Important Cases
- Satyadhyan Ghosal v. Deorajin Debi, AIR 1960 SC 941.
- Daryao v. State of U.P., AIR 1961 SC 1457.
- Forward Construction Co. v. Prabhat Mandal, (1986) 1 SCC 100.
- Hope Plantations Ltd. v. Taluk Land Board, (1999) 5 SCC 590.
- Mahboob Sahab v. Syed Ismail, (1995) 3 SCC 693. Questions 61–70
Questions 81–90
(Order XI, Order XII & Order XIII CPC)
Q.81–85 Q.86–90 81. The principal object of Discovery under the CPC is to:
A. Delay the trial.
B. Assist one party only.
C. Narrow the controversy and avoid surprise at trial.
D. Record evidence.
Ans. ✔ C
Order: XI.
Explanation: Discovery enables parties to obtain relevant information before trial, thereby shortening litigation.
Case: Raj Narain v. Indira Nehru Gandhi, AIR 1972 SC 1302 (principles regarding discovery and production).
Asked: Delhi, Haryana (Concept).86. Admissions made by a party in the pleadings are:
A. Irrelevant.
B. Merely corroborative.
C. The best evidence against the maker unless explained.
D. Binding only on witnesses.
Ans. ✔ C
Order: XII.
Explanation: An admission is substantive evidence against the person making it.
Case: Nagindas Ramdas v. Dalpatram Ichharam, (1974) 1 SCC 242.82. Interrogatories may be delivered with the object of:
A. Cross-examining witnesses.
B. Delaying proceedings.
C. Obtaining admissions of material facts.
D. Framing charges.
Ans. ✔ C
Order: XI Rule 1.
Explanation: Interrogatories help ascertain relevant facts before trial.87. Judgment on admissions may be pronounced under:
A. Order X Rule 1.
B. Order XI Rule 21.
C. Order XII Rule 6.
D. Order XIV Rule 2.
Ans. ✔ C
Explanation: A clear and unequivocal admission may justify immediate judgment.
Case: Uttam Singh Duggal & Co. Ltd. v. United Bank of India, (2000) 7 SCC 120.83. Leave of the Court is necessary before delivering interrogatories because:
A. Court Fees are payable.
B. The Court must ensure they relate to matters in question.
C. Defendant must consent.
D. They are evidence.
Ans. ✔ B
Order: XI Rule 1.
Explanation: Irrelevant or scandalous interrogatories are not permitted.88. Which of the following is not a ground for refusing interrogatories?
A. They are scandalous.
B. They are irrelevant.
C. They are oppressive.
D. They are material to the controversy.
Ans. ✔ D
Explanation: Material interrogatories should ordinarily be allowed.84. A party who fails to comply with an order for discovery may:
A. Automatically succeed.
B. Obtain a decree.
C. Have the suit dismissed or defence struck out.
D. Be discharged from the proceedings.
Ans. ✔ C
Order: XI Rule 21.
Explanation: Persistent default may lead to dismissal of the suit or striking off the defence.89. Documents produced before the Court are ordinarily endorsed under:
A. Order IX.
B. Order X.
C. Order XIII Rule 4.
D. Order XIV.
Ans. ✔ C
Explanation: Every admitted document must bear the prescribed endorsement before being read in evidence.85. Discovery under Order XI relates primarily to:
A. Oral arguments.
B. Final judgment.
C. Facts and documents relevant to the dispute.
D. Execution proceedings.
Ans. ✔ C
Explanation: Discovery facilitates disclosure of relevant facts and documents before trial.90. Which statement regarding Order XIII CPC is correct?
A. Documents may be ignored by the Court.
B. Documents are produced only after judgment.
C. Documentary evidence is produced, admitted, returned and impounded according to Order XIII.
D. Order XIII applies only to appellate proceedings.
Ans. ✔ C
Order: XIII.
Explanation: Order XIII governs the production, admission, endorsement, return and impounding of documentary evidence.
Asked: Rajasthan, Haryana (Concept).
Judicial Revision Box (Questions 81–90)
Important Orders
- Order XI Rule 1 – Discovery by Interrogatories
- Order XI Rule 21 – Consequences of Non-compliance
- Order XII Rule 6 – Judgment on Admissions
- Order XIII Rule 1 – Production of Documents
- Order XIII Rule 4 – Endorsement on Admitted Documents
Leading Cases
- Raj Narain v. Indira Nehru Gandhi, AIR 1972 SC 1302 – Discovery and production of documents.
- Nagindas Ramdas v. Dalpatram Ichharam, (1974) 1 SCC 242 – Evidentiary value of admissions.
- Uttam Singh Duggal & Co. Ltd. v. United Bank of India, (2000) 7 SCC 120 – Judgment on admissions under Order XII Rule 6.
- Karam Kapahi v. Lal Chand Public Charitable Trust, (2010) 4 SCC 753 – Scope of Order XII Rule 6.
Judicial Examination Trend
Questions on Order XII Rule 6 (Judgment on Admissions) and Order XI (Discovery and Interrogatories) have frequently appeared in Haryana, Delhi, Rajasthan, Punjab, Uttar Pradesh, Madhya Pradesh, Bihar, and Uttarakhand Judicial Service Examinations. Recent examinations increasingly test the practical application of these provisions through problem-based MCQs.
Questions 91–100
(Order XIV, Order XV & Order XVI CPC)
Q.91–95 Q.96–100 91. "Issues" arise when:
A. Pleadings are filed.
B. A material proposition of fact or law is affirmed by one party and denied by the other.
C. Evidence is concluded.
D. Arguments are heard.
Ans. ✔ B
Order: XIV Rule 1.
Explanation: Issues arise only where there is a dispute regarding a material proposition of fact or law.
Case: Makhan Lal Bangal v. Manas Bhunia, (2001) 2 SCC 652.
Asked: Haryana, Delhi, Rajasthan.96. Which of the following is not an object of framing issues?
A. Identifying the real controversy.
B. Defining the scope of trial.
C. Deciding the suit without evidence in every case.
D. Informing parties of matters in dispute.
Ans. ✔ C
Order: XIV Rule 1.
Explanation: Framing of issues facilitates trial; it does not eliminate the need for evidence except where legally permissible.92. Issues may be classified as:
A. Civil and Criminal.
B. Major and Minor.
C. Issues of Fact and Issues of Law.
D. Original and Appellate.
Ans. ✔ C
Order: XIV Rule 1(4).
Explanation: CPC recognizes only Issues of Fact and Issues of Law.97. Under Order XIV Rule 2, the Court shall ordinarily pronounce judgment on:
A. Preliminary issue alone.
B. All issues.
C. Jurisdiction only.
D. Limitation only.
Ans. ✔ B
Explanation: As a general rule, all issues should be decided together.93. A Court may decide a preliminary issue where it relates to:
A. Pecuniary value only.
B. Evidence only.
C. Jurisdiction or a statutory bar to the suit.
D. Court Fees only.
Ans. ✔ C
Order: XIV Rule 2(2).
Explanation: Preliminary issues are confined to jurisdiction and statutory bars.
Case: Ramesh B. Desai v. Bipin Vadilal Mehta, (2006) 5 SCC 638.98. Under Order XV CPC, a Court may pronounce judgment at the first hearing if:
A. Defendant is absent.
B. Plaintiff produces more witnesses.
C. Parties are not at issue on any question of law or fact.
D. Court Fees are deficient.
Ans. ✔ C
Order: XV Rule 1.
Explanation: If there is no real dispute, the Court need not hold a full trial.94. Which of the following is an Issue of Law?
A. Whether the defendant executed the agreement.
B. Whether possession was delivered.
C. Whether the suit is barred by limitation.
D. Whether consideration was paid.
Ans. ✔ C
Explanation: Limitation is ordinarily an issue of law, though mixed questions may arise in some cases.99. A summons to a witness is ordinarily issued under:
A. Order XIII.
B. Order XIV.
C. Order XVI Rule 1.
D. Order XVIII.
Ans. ✔ C
Explanation: Witnesses are summoned under Order XVI after filing the list of witnesses.95. Which statement is correct regarding framing of issues?
A. Issues are framed after evidence.
B. Issues are framed after examination of pleadings and documents.
C. Issues are framed after final arguments.
D. Issues are framed after decree.
Ans. ✔ B
Order: XIV Rule 1(5).
Explanation: The Court examines pleadings, documents and admissions before framing issues.100. If a summoned witness fails to appear without lawful excuse, the Court may:
A. Dismiss the suit automatically.
B. Reject the plaint.
C. Issue coercive process as provided under Order XVI CPC.
D. Strike off the defence.
Ans. ✔ C
Order: XVI Rules 10–12.
Explanation: The Court may issue a proclamation, warrant or other coercive process to secure attendance of the witness.
Case: Mange Ram v. Brij Mohan, (1983) 4 SCC 36 (principles regarding procedural fairness and evidence).Judicial Revision Box (Questions 91–100)
Important Orders
- Order XIV Rule 1 – Framing of Issues
- Order XIV Rule 2 – Judgment on All Issues & Preliminary Issues
- Order XV Rule 1 – Disposal of Suit at First Hearing
- Order XVI Rule 1 – Summoning of Witnesses
- Order XVI Rules 10–12 – Consequences of Non-Appearance of Witness
Leading Cases
- Ramesh B. Desai v. Bipin Vadilal Mehta, (2006) 5 SCC 638 – Preliminary Issues.
- Makhan Lal Bangal v. Manas Bhunia, (2001) 2 SCC 652 – Framing of Issues.
- Mange Ram v. Brij Mohan, (1983) 4 SCC 36 – Procedural fairness in trial.
Exam Trend: Questions relating to Order XIV (Issues) are among the most frequently asked in Haryana, Delhi, Rajasthan, Punjab, UP PCS(J), MP Civil Judge, Bihar Judicial Service, and Uttarakhand Civil Judge examinations. Examiners often frame problem-based MCQs testing whether a matter should be decided as a preliminary issue or along with all other issues.
Questions 111–120
(Order XX – Judgment & Decree)
Q.111–115 Q.116–120 111. A judgment under Section 2(9) CPC means:
A. Formal expression of adjudication.
B. Statement given by the Judge on the grounds of a decree or order.
C. Final decree only.
D. Order of execution.
Ans. ✔ B
Sec.: 2(9), Order XX Rule 1.
Explanation: Judgment contains the reasons; decree is drawn from it.
Case: Balraj Taneja v. Sunil Madan, (1999) 8 SCC 396.
Asked: Haryana, Delhi.116. A decree shall ordinarily follow:
A. Filing of Written Statement.
B. Framing of Issues.
C. Pronouncement of Judgment.
D. Execution Proceedings.
Ans. ✔ C
Sec.: 33 CPC.
Explanation: After judgment is pronounced, a decree is prepared in accordance with the judgment.112. Which provision requires the Court to pronounce judgment after hearing the case?
A. Order XVIII Rule 2.
B. Order XX Rule 1.
C. Order XXI Rule 1.
D. Order XXIII Rule 1.
Ans. ✔ B
Explanation: Order XX governs pronouncement of judgments.117. A judgment must contain:
A. Pleadings only.
B. Evidence only.
C. Concise statement of the case, points for determination, decision and reasons.
D. List of witnesses only.
Ans. ✔ C
Order: XX Rule 4(2).
Explanation: These are mandatory requirements of a reasoned judgment.113. Under Section 33 CPC, the Court after the case has been heard shall:
A. Frame Issues.
B. Record Evidence.
C. Pronounce Judgment and on such Judgment a Decree shall follow.
D. Refer the matter to arbitration.
Ans. ✔ C
Sec.: 33.
Explanation: Section 33 embodies the fundamental rule relating to judgment and decree.118. Which of the following is not an essential requirement of a Judgment?
A. Points for determination.
B. Decision thereon.
C. Reasons for the decision.
D. Complete reproduction of oral evidence.
Ans. ✔ D
Explanation: CPC requires concise reasons, not verbatim evidence.114. Every Judgment should be:
A. Oral only.
B. Reasoned and speaking.
C. Based on arguments alone.
D. Without findings.
Ans. ✔ B
Explanation: Recording reasons is a fundamental principle of judicial decision-making.
Case: Assistant Commissioner, Commercial Tax Department v. Shukla & Brothers, (2010) 4 SCC 785.119. A decree shall agree with:
A. Pleadings only.
B. Evidence only.
C. The Judgment.
D. Written Statement.
Ans. ✔ C
Sec.: 33.
Explanation: The decree is the formal expression of the adjudication contained in the judgment.115. Which of the following statements is correct?
A. Every Judgment is appealable.
B. Every Order is executable.
C. Every Decree is founded upon a Judgment.
D. Every Judgment is a Decree.
Ans. ✔ C
Explanation: Judgment records reasons; decree formally declares rights determined therein.120. If there is a conflict between the Judgment and the Decree, which prevails?
A. Decree always prevails.
B. Both prevail equally.
C. Judgment prevails and the Decree must be corrected.
D. Neither prevails.
Ans. ✔ C
Explanation: The decree must conform to the judgment; any inconsistency can be corrected.
Case: Topanmal Chhotamal v. Kundomal Gangaram, AIR 1960 SC 388.
Asked: Rajasthan, Haryana (Concept).
Judicial Revision Box (Questions 111–120)
Important Provisions
- Section 33 – Judgment and Decree
- Section 2(2) – Decree
- Section 2(9) – Judgment
- Order XX Rule 1 – Pronouncement of Judgment
- Order XX Rule 4 – Contents of Judgment
- Order XX Rule 6 – Preparation of Decree
Leading Supreme Court Cases
- Balraj Taneja v. Sunil Madan, (1999) 8 SCC 396 – Judgment must disclose judicial reasoning.
- Assistant Commissioner, Commercial Tax Department v. Shukla & Brothers, (2010) 4 SCC 785 – Importance of reasoned judgments.
- Topanmal Chhotamal v. Kundomal Gangaram, AIR 1960 SC 388 – Decree must conform to the judgment.
- Vinod Kumar v. Gangadhar, (2015) 1 SCC 391 – Courts should pronounce reasoned judgments based on pleadings and evidence.
Judicial Examination Trend
Questions on Judgment and Decree are consistently asked in Haryana, Delhi, Rajasthan, Punjab, Uttar Pradesh, Madhya Pradesh, Bihar, and Uttarakhand Judicial Service Examinations. Examiners particularly focus on:
- Distinction between Judgment, Decree, and Order.
- Contents of a valid judgment.
- Whether a decree can exist without a judgment.
- Conflict between judgment and decree.
- Speaking and reasoned judgments as an aspect of natural justice.
Questions 121–130
(Section 34 CPC & Order XXI – Execution of Decrees)
Q.121–125 Q.126–130 121. The primary object of execution proceedings is to:
A. Rehear the suit.
B. Modify the decree.
C. Enforce the decree passed by a competent Court.
D. Review the judgment.
Ans. ✔ C
Sec.: 36 CPC.
Explanation: Execution is the process by which the successful party realizes the fruits of the decree.
Case: Ghanshyam Das v. Anant Kumar Sinha, (1991) 4 SCC 379.
Asked: Haryana, Delhi, Rajasthan.126. Which Court may execute a decree?
A. Supreme Court only.
B. The Court which passed the decree or the Court to which it is transferred.
C. Any Civil Court.
D. High Court only.
Ans. ✔ B
Secs.: 37 & 38 CPC.
Explanation: Sections 37 and 38 specify the Courts competent to execute a decree.122. Under Section 34 CPC, the Court may award:
A. Penal damages only.
B. Compensation only.
C. Interest prior to the suit, pendente lite and future interest according to law.
D. Mesne profits only.
Ans. ✔ C
Sec.: 34 CPC.
Explanation: Section 34 deals with interest from the date of the suit till realization, subject to statutory limitations.
Case: Central Bank of India v. Ravindra, (2002) 1 SCC 367.127. Which provision enables transfer of a decree for execution?
A. Section 47.
B. Section 144.
C. Section 39.
D. Section 151.
Ans. ✔ C
Explanation: Section 39 authorizes transfer of a decree for execution to another competent Court.123. Questions relating to execution, discharge or satisfaction of a decree shall be determined by:
A. Separate Suit.
B. Executing Court.
C. High Court only.
D. District Magistrate.
Ans. ✔ B
Sec.: 47 CPC.
Explanation: Section 47 bars a separate suit on execution-related questions.
Case: Merla Ramanna v. Nallaparaju, AIR 1956 SC 87.
Asked: Haryana, UP PCS(J).128. Which statement regarding Section 47 CPC is correct?
A. Separate suit is always maintainable.
B. Only decree-holder may raise objections.
C. All questions between parties relating to execution shall be decided in execution proceedings.
D. Executing Court cannot decide objections.
Ans. ✔ C
Explanation: The object is to avoid multiplicity of litigation.124. An Executing Court:
A. May alter the decree.
B. May ignore the decree.
C. Cannot go behind the decree.
D. May rewrite the judgment.
Ans. ✔ C
Explanation: The Executing Court must execute the decree as it stands unless it is a nullity.
Case: Hiralal Patni v. Kali Nath, AIR 1962 SC 199.129. Which of the following is an exception to the rule that an Executing Court cannot go behind the decree?
A. Decree appears harsh.
B. Defendant has suffered hardship.
C. Decree is a nullity for want of inherent jurisdiction.
D. Appeal is pending.
Ans. ✔ C
Explanation: A decree passed without inherent jurisdiction is void and inexecutable.
Case: Kiran Singh v. Chaman Paswan, AIR 1954 SC 340.125. Which of the following is not a mode of execution under Section 51 CPC?
A. Delivery of property.
B. Attachment and sale of property.
C. Arrest and detention in civil prison.
D. Imprisonment for life.
Ans. ✔ D
Sec.: 51 CPC.
Explanation: Life imprisonment is unknown to execution proceedings under the CPC.130. A decree-holder applies for execution after the expiry of the limitation period. The Executing Court shall:
A. Execute the decree automatically.
B. Ignore limitation.
C. Apply the Limitation Act and reject a time-barred execution application unless delay is legally condoned where permissible.
D. Refer the matter to the High Court.
Ans. ✔ C
Explanation: Execution petitions are governed by the Limitation Act, 1963 (generally Article 136 for execution of decrees).
Judicial Revision Box (Questions 121–130)
Most Important Sections
- Section 34 – Interest
- Section 36 – Application to Orders
- Section 37 – Court which passed the decree
- Section 38 – Court by which decree may be executed
- Section 39 – Transfer of decree
- Section 47 – Questions to be determined by Executing Court
- Section 51 – Modes of execution
Leading Supreme Court Cases
- Ghanshyam Das v. Anant Kumar Sinha, (1991) 4 SCC 379 – Object of execution proceedings.
- Central Bank of India v. Ravindra, (2002) 1 SCC 367 – Award of interest under Section 34.
- Merla Ramanna v. Nallaparaju, AIR 1956 SC 87 – Scope of Section 47 CPC.
- Hiralal Patni v. Kali Nath, AIR 1962 SC 199 – Executing Court cannot go behind the decree.
- Kiran Singh v. Chaman Paswan, AIR 1954 SC 340 – Decree without jurisdiction is a nullity.
Judicial Examination Trend
Questions on Execution Proceedings (Sections 36–74 and Order XXI) are among the highest-weightage topics in Judicial Services examinations. Haryana, Delhi, Rajasthan, Punjab, Uttar Pradesh, Madhya Pradesh, Bihar, and Uttarakhand have repeatedly asked questions on:
- Powers of the Executing Court.
- Section 47 CPC.
- Modes of execution under Section 51.
- Transfer of decrees.
- The principle that the Executing Court cannot go behind the decree, except where the decree is a nullity.
Questions 131–140
(Sections 52–60 & Order XXI – Execution of Decrees)
Q.131–135 Q.136–140 131. A decree for payment of money may be executed by:
A. Attachment and sale of property only.
B. Arrest only.
C. Arrest, attachment and sale of property, or both, subject to the CPC.
D. Imprisonment for life.
Ans. ✔ C
Sec.: 51 CPC.
Explanation: The Court may adopt one or more modes of execution prescribed under Section 51.
Case: Jolly George Varghese v. Bank of Cochin, (1980) 2 SCC 360.
Asked: Haryana, Rajasthan.136. Before ordering arrest and detention of a Judgment Debtor, the Court must ordinarily:
A. Issue a decree again.
B. Attach the property first in every case.
C. Give the Judgment Debtor an opportunity of being heard.
D. Obtain Government approval.
Ans. ✔ C
Sec.: 51 Proviso & Order XXI Rule 37.
Explanation: Personal liberty cannot be curtailed without following the prescribed procedure.132. The principal object of Section 47 CPC is to:
A. Encourage fresh litigation.
B. Avoid multiplicity of proceedings in execution matters.
C. Confer appellate powers.
D. Punish the Judgment Debtor.
Ans. ✔ B
Explanation: All execution-related disputes between the parties should be decided by the Executing Court itself.
Case: Merla Ramanna v. Nallaparaju, AIR 1956 SC 87.137. Which property is generally liable to attachment and sale?
A. Necessary wearing apparel.
B. Tools of artisans.
C. Non-exempt immovable property of the Judgment Debtor.
D. Pension payable by Government.
Ans. ✔ C
Sec.: 60 CPC.
Explanation: Only properties not protected under Section 60 are attachable.133. Which of the following pensions is exempt from attachment?
A. Private pension.
B. Government pension.
C. Commercial commission.
D. Rental income.
Ans. ✔ B
Sec.: 60(1)(g).
Explanation: Government pensions are specifically exempt from attachment.
Case: Union of India v. Jyoti Chit Fund, AIR 1976 SC 1163.138. Which one of the following is exempt from attachment under Section 60 CPC?
A. Luxury motor vehicle used for recreation.
B. Commercial warehouse.
C. Necessary wearing apparel of the Judgment Debtor.
D. Investment shares.
Ans. ✔ C
Explanation: The exemption protects basic necessities required for dignified living.134. Which principle governs execution proceedings?
A. The decree may be modified by the Executing Court.
B. Fresh rights may be created.
C. The Executing Court executes the decree as it stands.
D. Evidence is recorded afresh.
Ans. ✔ C
Case: Hiralal Patni v. Kali Nath, AIR 1962 SC 199.
Explanation: The Executing Court cannot rewrite or vary the decree.139. Under Section 60 CPC, salary of a Government servant is:
A. Always attachable.
B. Never attachable.
C. Attachable only to the extent permitted by law.
D. Attachable only with Government sanction.
Ans. ✔ C
Explanation: Salary is attachable subject to statutory limitations and exemptions provided in Section 60.135. A decree against a legal representative of a deceased Judgment Debtor can be executed:
A. Against his personal property without limitation.
B. Only to the extent of the property of the deceased that has come into his hands.
C. Against all family members.
D. Against Government property.
Ans. ✔ B
Sec.: 52 CPC.
Explanation: The legal representative's liability is limited to the estate inherited from the deceased.140. A decree-holder seeks attachment of agricultural implements belonging to a cultivator. The Court should:
A. Allow attachment in every case.
B. Attach after obtaining police assistance.
C. Refuse attachment if the implements are exempt under Section 60 CPC.
D. Sell the implements immediately.
Ans. ✔ C
Explanation: Implements of husbandry necessary for cultivation are protected from attachment under Section 60.
Asked: Haryana, Punjab, Rajasthan (Concept).
Judicial Revision Box (Questions 131–140)
Important Sections
- Section 51 – Modes of Execution
- Section 52 – Execution Against Legal Representative
- Section 60 – Property Liable and Exempt from Attachment
- Order XXI Rule 37 – Arrest and Detention of Judgment Debtor
Leading Supreme Court Cases
- Jolly George Varghese v. Bank of Cochin, (1980) 2 SCC 360 – Arrest and detention in execution; protection of personal liberty.
- Hiralal Patni v. Kali Nath, AIR 1962 SC 199 – Executing Court cannot go behind the decree.
- Merla Ramanna v. Nallaparaju, AIR 1956 SC 87 – Scope of Section 47 CPC.
- Union of India v. Jyoti Chit Fund & Finance, AIR 1976 SC 1163 – Government pension exempt from attachment.
Judicial Examination Trend
Questions relating to Section 60 CPC (Attachable and Exempt Property) and arrest and detention of the Judgment Debtor have been repeatedly asked in Haryana Judicial Service, Delhi Judicial Service, Punjab Civil Judge, Rajasthan Judicial Service, Uttar Pradesh PCS(J), Madhya Pradesh Civil Judge, Bihar Judicial Service, and Uttarakhand Civil Judge examinations. Problem-based MCQs on exempt property, salary, government pension, and liability of legal representatives are especially common.
Questions 141–150
(Order XXI – Execution, Attachment & Sale of Property)
Q.141–145 Q.146–150 141. Attachment of immovable property in execution is effected by:
A. Taking physical possession immediately.
B. Proclamation prohibiting transfer or charging of the property.
C. Registration of the decree only.
D. Delivery of possession to the decree-holder.
Ans. ✔ B
Order: XXI Rule 54.
Explanation: Attachment is completed by an order prohibiting transfer or creation of charge over the property, duly proclaimed and affixed.
Case: Desh Bandhu Gupta v. N.L. Anand, (1994) 1 SCC 131.
Asked: Haryana, Delhi.146. The object of attachment before sale is to:
A. Transfer ownership to the decree-holder.
B. Punish the judgment-debtor.
C. Preserve the property and prevent alienation pending execution.
D. Create a mortgage.
Ans. ✔ C
Explanation: Attachment safeguards the property until execution is completed.142. Under Order XXI CPC, sale of attached property shall ordinarily be conducted by:
A. Private agreement between parties.
B. Panchayat.
C. Public auction under the supervision of the Court.
D. Collector only.
Ans. ✔ C
Order: XXI Rules 64 & 65.
Explanation: Public auction ensures fairness and transparency in execution sales.147. Before sale of attached immovable property, the Court shall ordinarily draw up:
A. Charge Sheet.
B. Inventory only.
C. Sale Proclamation.
D. Written Statement.
Ans. ✔ C
Order: XXI Rule 66.
Explanation: The sale proclamation must contain material particulars to enable fair bidding.
Case: Desh Bandhu Gupta v. N.L. Anand, (1994) 1 SCC 131.143. Which provision deals with the contents of a Sale Proclamation?
A. Order XXI Rule 54.
B. Order XXI Rule 66.
C. Order XXI Rule 90.
D. Order XXI Rule 97.
Ans. ✔ B
Explanation: Rule 66 requires the Court to prepare a proper sale proclamation after hearing the parties.148. Which of the following is not a mandatory requirement in a Sale Proclamation?
A. Description of property.
B. Revenue assessed on the property, where applicable.
C. Encumbrances, if known.
D. Estimated market value determined by the Court.
Ans. ✔ D
Explanation: The Court is not required to determine or certify the market value; parties may state their valuations.144. A sale in execution may be set aside on the ground of material irregularity or fraud if:
A. Fraud alone is proved.
B. Substantial injury has also been caused.
C. Sale price is low only.
D. Purchaser withdraws.
Ans. ✔ B
Order: XXI Rule 90.
Explanation: Mere irregularity is insufficient unless it results in substantial injury.
Case: Dhirendra Nath Gorai v. Sudhir Chandra Ghosh, AIR 1964 SC 1300.149. Mere inadequacy of price is sufficient to set aside a Court auction sale:
A. Always.
B. If the decree-holder objects.
C. No, unless coupled with material irregularity or fraud causing substantial injury.
D. Whenever the judgment-debtor files objections.
Ans. ✔ C
Explanation: Low price alone is not a ground for setting aside the sale under Order XXI Rule 90.145. Which statement correctly describes the power of the Executing Court regarding sale of property?
A. It may sell more property than necessary.
B. It should sell only so much property as is necessary to satisfy the decree.
C. Entire property must always be sold.
D. It has unlimited discretion.
Ans. ✔ B
Order: XXI Rule 64.
Explanation: Sale should be limited to the extent necessary for satisfying the decree.
Case: Ambati Narasayya v. M. Subba Rao, (1989) 1 SCC 693.150. After a Court auction sale becomes absolute, the purchaser acquires title:
A. From the date of issue of the Sale Certificate only.
B. From the date possession is delivered.
C. From the date of the auction sale, by relation back after confirmation.
D. From the date of registration only.
Ans. ✔ C
Order: XXI Rule 92.
Explanation: Upon confirmation, the title relates back to the date of the auction sale.
Case: Janak Raj v. Gurdial Singh, AIR 1967 SC 608.Judicial Revision Box (Questions 141–150)
Most Important Provisions
- Order XXI Rule 54 – Attachment of Immovable Property
- Order XXI Rule 64 – Sale of Property Necessary for Satisfaction of Decree
- Order XXI Rule 66 – Sale Proclamation
- Order XXI Rule 90 – Setting Aside Sale on Ground of Material Irregularity or Fraud
- Order XXI Rule 92 – Confirmation of Sale
Leading Supreme Court Cases
- Desh Bandhu Gupta v. N.L. Anand, (1994) 1 SCC 131 – Sale proclamation must strictly comply with Rule 66.
- Ambati Narasayya v. M. Subba Rao, (1989) 1 SCC 693 – Court should sell only such property as is necessary.
- Dhirendra Nath Gorai v. Sudhir Chandra Ghosh, AIR 1964 SC 1300 – Material irregularity must cause substantial injury.
- Janak Raj v. Gurdial Singh, AIR 1967 SC 608 – Effect of confirmation of Court auction sale.
Judicial Examination Trend
Execution-sale questions are among the most frequently tested areas in Haryana Judicial Service, Delhi Judicial Service, Punjab Civil Judge, Rajasthan Judicial Service, Uttar Pradesh PCS(J), Madhya Pradesh Civil Judge, Bihar Judicial Service, and Uttarakhand Civil Judge examinations. Examiners regularly test:
- Sale proclamation under Rule 66.
- Extent of property that may be sold under Rule 64.
- Grounds for setting aside auction sales under Rule 90.
- Confirmation of sale and vesting of title under Rule 92.
- Practical problem-based MCQs involving execution sales and auction proceedings.
PART–II : EXECUTION (BALANCE)
Order XXI Rules 58, 97–106
Questions 151–160
Q.151–155 Q.156–160 151. A third person claims ownership over property attached in execution. His claim shall ordinarily be adjudicated by:
A. Separate Civil Suit.
B. The Executing Court itself.
C. High Court only.
D. Revenue Court.
Ans. ✔ B
Order: XXI Rule 58.
Explanation: Rule 58 requires the Executing Court to adjudicate all claims and objections relating to attached property, avoiding multiplicity of proceedings.
Case: Brahmdeo Chaudhary v. Rishikesh Prasad Jaiswal, (1997) 3 SCC 694.
Asked: Haryana, Delhi, Rajasthan.156. Resistance to delivery of possession by a stranger claiming an independent right is governed by:
A. Order XXI Rule 35.
B. Order XXI Rule 54.
C. Order XXI Rule 97.
D. Order XXI Rule 66.
Ans. ✔ C
Explanation: Rule 97 applies where resistance or obstruction is offered to execution of a decree for possession.152. Which statement is correct regarding Rule 58?
A. Every claim must be decided by filing a fresh suit.
B. Separate suits are generally barred after adjudication under Rule 58.
C. Only the decree-holder can file objections.
D. The Executing Court has no jurisdiction.
Ans. ✔ B
Explanation: The 1976 Amendment vested comprehensive adjudicatory power in the Executing Court.
Case: Silverline Forum Pvt. Ltd. v. Rajiv Trust, (1998) 3 SCC 723.157. The object of Order XXI Rules 97–103 is to:
A. Delay execution.
B. Create fresh litigation.
C. Ensure complete adjudication of possession disputes in execution proceedings.
D. Transfer execution to another Court.
Ans. ✔ C
Explanation: The scheme minimizes multiplicity of proceedings by empowering the Executing Court to decide all relevant disputes.153. An order passed under Rule 58 after adjudication shall have the same force as:
A. Interim order.
B. Commissioner's Report.
C. A decree.
D. Review Order.
Ans. ✔ C
Order: XXI Rule 58(4).
Explanation: Such an order is appealable as a decree.158. A decree-holder applies under Rule 97 alleging obstruction by a person not party to the suit. The Executing Court shall:
A. Reject the application.
B. Direct filing of a separate suit.
C. Adjudicate the rights of the parties under Rules 97–101.
D. Refer the matter to the Collector.
Ans. ✔ C
Case: Shreenath v. Rajesh, (1998) 4 SCC 543.
Explanation: The Executing Court must decide the entire dispute relating to possession.154. Which Rule bars a separate suit after adjudication of claims relating to resistance or obstruction?
A. Rule 58.
B. Rule 97.
C. Rule 101.
D. Rule 106.
Ans. ✔ C
Explanation: All questions of right, title and interest must be decided by the Executing Court itself.159. Under Order XXI Rule 101 CPC, the Executing Court may determine:
A. Criminal liability.
B. Revenue disputes.
C. All questions relating to right, title or interest in the property.
D. Constitutionality of statutes.
Ans. ✔ C
Explanation: Rule 101 confers wide jurisdiction to decide all questions necessary for execution.155. Which of the following is correct after the 1976 Amendment?
A. Every third party must institute a fresh suit.
B. Rule 97 applies only against the Judgment Debtor.
C. Questions relating to possession are ordinarily decided by the Executing Court itself.
D. Rules 97–103 have become redundant.
Ans. ✔ C
Explanation: The amendment enlarged the powers of the Executing Court to finally decide execution-related possession disputes.160. An order passed under Rule 98 or Rule 100 after adjudication is treated as:
A. Mere interlocutory order.
B. Administrative order.
C. A decree and is appealable accordingly.
D. Revision only.
Ans. ✔ C
Order: XXI Rule 103.
Explanation: Rule 103 gives finality to adjudication by treating the order as a decree for the purpose of appeal.
Asked: Rajasthan, Delhi, Haryana (Concept).
Judicial Revision Box (Questions 151–160)
Most Important Rules
- Order XXI Rule 58 – Adjudication of Claims and Objections to Attachment
- Order XXI Rule 97 – Resistance or Obstruction to Delivery of Possession
- Order XXI Rule 98 – Orders after Adjudication
- Order XXI Rule 99 – Dispossession by Decree-holder
- Order XXI Rule 100 – Restoration of Possession
- Order XXI Rule 101 – Determination of Right, Title and Interest
- Order XXI Rule 103 – Orders to be Treated as Decrees
- Order XXI Rule 106 – Setting Aside Ex Parte Orders in Execution
Leading Supreme Court Cases
- Brahmdeo Chaudhary v. Rishikesh Prasad Jaiswal, (1997) 3 SCC 694 – Third-party objections in execution.
- Silverline Forum Pvt. Ltd. v. Rajiv Trust, (1998) 3 SCC 723 – Scope of Rule 58 after the 1976 Amendment.
- Shreenath v. Rajesh, (1998) 4 SCC 543 – Rights of third parties resisting delivery of possession.
- Noorduddin v. Dr. K.L. Anand, (1995) 1 SCC 242 – Executing Court must decide all questions relating to possession.
- Bhanwar Lal v. Satyanarain, (1995) 1 SCC 6 – Complete adjudication under Rules 97–103.
Judicial Examination Trend
Questions on Order XXI Rules 58 and 97–103 are among the highest-frequency topics in Judicial Service Preliminary Examinations. Haryana Judicial Service, in particular, has repeatedly tested:
- Third-party objections to attachment.
- Resistance to delivery of possession.
- Scope of Rule 101.
- Whether a separate suit is maintainable after adjudication.
- Appealability of orders under Rule 103.
- Distinction between Rule 58 (claims to attached property) and Rules 97–103 (resistance to delivery of possession).
These provisions are also frequently tested in Delhi, Rajasthan, Punjab, Uttar Pradesh, Madhya Pradesh, Bihar, Uttarakhand, Himachal Pradesh, and Chhattisgarh Judicial Service Examinations.
PART–II : EXECUTION (BALANCE)
Order XXI Rules 104–106, Delivery of Possession & Resistance to Execution
Questions 161–170
Q.161–165 Q.166–170 161. An application under Order XXI Rule 99 CPC may be filed by:
A. Judgment-Debtor only.
B. Decree-Holder only.
C. A person other than the Judgment-Debtor dispossessed in execution.
D. Auction Purchaser only.
Ans. ✔ C
Order: XXI Rule 99.
Explanation: Rule 99 protects a third person who has been dispossessed during execution and claims an independent right.
Case: Shreenath v. Rajesh, (1998) 4 SCC 543.
Asked: Haryana (Concept), Delhi.166. If the Executing Court allows an application under Rule 99, it may:
A. Dismiss the decree.
B. Review the judgment.
C. Direct restoration of possession to the applicant.
D. Transfer the suit.
Ans. ✔ C
Order: XXI Rule 100.
Explanation: Rule 100 authorizes restoration of possession after adjudication.162. Rule 101 CPC empowers the Executing Court to determine:
A. Criminal liability.
B. Revenue disputes only.
C. All questions relating to right, title or interest arising between the parties to execution.
D. Constitutional validity of statutes.
Ans. ✔ C
Explanation: Rule 101 gives complete jurisdiction to decide title disputes necessary for execution.
Case: Bhanwar Lal v. Satyanarain, (1995) 1 SCC 6.167. Which Rule provides that an order passed after adjudication shall have the force of a decree?
A. Rule 98.
B. Rule 100.
C. Rule 103.
D. Rule 106.
Ans. ✔ C
Explanation: Orders under Rules 98 and 100 become appealable as decrees by virtue of Rule 103.163. Which statement is correct after the 1976 Amendment to CPC?
A. Separate suits remain the normal remedy.
B. Execution proceedings themselves decide disputes regarding possession.
C. Only High Courts may decide third-party rights.
D. Executing Court has no power to decide title.
Ans. ✔ B
Explanation: The amendment abolished unnecessary separate suits in execution matters.168. An application under Rule 106 to set aside an ex parte order in execution must ordinarily be filed within:
A. 15 days.
B. 30 days.
C. 30 days from the date of the order or knowledge where summons was not duly served.
D. 90 days.
Ans. ✔ C
Order: XXI Rule 106.
Explanation: Delay may be condoned if sufficient cause is shown under the Limitation Act where applicable.164. A stranger obstructs delivery of possession claiming ownership. The proper remedy of the decree-holder is:
A. Fresh civil suit.
B. Criminal complaint.
C. Application under Order XXI Rule 97 CPC.
D. Review Petition.
Ans. ✔ C
Case: Brahmdeo Chaudhary v. Rishikesh Prasad Jaiswal, (1997) 3 SCC 694.
Explanation: Rule 97 is the appropriate remedy where resistance is offered during execution.169. Which of the following statements is incorrect?
A. Rule 97 deals with resistance by any person.
B. Rule 99 deals with dispossession of a third party.
C. Rule 103 treats certain orders as decrees.
D. Rule 101 permits a separate suit after adjudication.
Ans. ✔ D
Explanation: Rule 101 bars a separate suit by requiring the Executing Court to decide all questions relating to right, title and interest.165. Which of the following is the principal object of Rules 97–106?
A. Increase litigation.
B. Protect only decree-holders.
C. Achieve complete and final adjudication of execution disputes.
D. Restrict the powers of the Executing Court.
Ans. ✔ C
Explanation: The provisions ensure speedy and final determination of disputes arising during execution.170. A person dispossessed in execution establishes an independent title. The Executing Court shall:
A. Reject the application.
B. Direct the applicant to file a fresh suit.
C. Restore possession and finally determine the rights of the parties.
D. Refer the matter to the District Judge.
Ans. ✔ C
Order: XXI Rules 99–101.
Case: Silverline Forum Pvt. Ltd. v. Rajiv Trust, (1998) 3 SCC 723.
Explanation: The Executing Court itself grants complete relief without driving the parties to a separate suit.Judicial Revision Box (Questions 161–170)
Most Important Rules
- Order XXI Rule 97 – Resistance or Obstruction to Delivery of Possession
- Order XXI Rule 99 – Dispossession by Decree-holder
- Order XXI Rule 100 – Restoration of Possession
- Order XXI Rule 101 – Determination of Right, Title and Interest
- Order XXI Rule 103 – Orders to Have the Force of a Decree
- Order XXI Rule 106 – Setting Aside Ex Parte Orders in Execution
Leading Supreme Court Cases
- Bhanwar Lal v. Satyanarain, (1995) 1 SCC 6 – Comprehensive adjudication under Rules 97–103.
- Brahmdeo Chaudhary v. Rishikesh Prasad Jaiswal, (1997) 3 SCC 694 – Obstruction by third parties.
- Shreenath v. Rajesh, (1998) 4 SCC 543 – Rights of persons dispossessed during execution.
- Silverline Forum Pvt. Ltd. v. Rajiv Trust, (1998) 3 SCC 723 – Scope of Rules 97–103 and finality of adjudication.
- Noorduddin v. Dr. K.L. Anand, (1995) 1 SCC 242 – Executing Court must decide all execution-related possession disputes.
Judicial Examination Trend
Questions from Order XXI Rules 97–106 are among the highest-scoring areas in Judicial Service examinations. Similar questions have appeared in Haryana Judicial Service (2024 & earlier trends), Delhi Judicial Service, Rajasthan Judicial Service, Punjab Civil Judge, Uttar Pradesh PCS(J), Madhya Pradesh Civil Judge, Bihar Judicial Service, Uttarakhand Civil Judge, Himachal Pradesh Judicial Service, and Chhattisgarh Civil Judge examinations. Examiners particularly test:
- Difference between Rule 97 and Rule 99.
- Scope of Rule 101.
- Appealability under Rule 103.
- Restoration of possession under Rule 100.
- Whether a separate suit is maintainable after adjudication.
PART–II : EXECUTION (BALANCE)
Order XXI – Miscellaneous Execution Proceedings
Questions 171–180
Q.171–175 Q.176–180 171. Under Order XXI Rule 32 CPC, a decree for permanent injunction may be enforced by:
A. Sale of attached property only.
B. Fresh suit.
C. Attachment of property, detention in civil prison, or both.
D. Criminal prosecution only.
Ans. ✔ C
Order: XXI Rule 32.
Explanation: A decree for injunction is enforced through attachment of property, detention in civil prison, or both, where there is wilful disobedience.
Case: Samee Khan v. Bindu Khan, (1998) 7 SCC 59.
Asked: Haryana, Rajasthan, Delhi.176. A decree for specific performance may be enforced under Order XXI Rule 32 by:
A. Arrest only.
B. Attachment only.
C. Attachment, detention in civil prison, or execution through another person at the cost of the Judgment-Debtor.
D. Fresh decree.
Ans. ✔ C
Explanation: Rule 32 provides special modes for enforcing decrees for specific performance, restitution of conjugal rights and injunctions.172. The Court may order execution of an act through another person at the cost of the Judgment-Debtor under:
A. Order XXI Rule 54.
B. Order XXI Rule 66.
C. Order XXI Rule 32(5).
D. Order XXI Rule 97.
Ans. ✔ C
Explanation: If the Judgment-Debtor fails to obey the decree, the act may be carried out through another person under Court supervision.177. Which Rule provides for execution of a decree for delivery of movable property?
A. Rule 35.
B. Rule 31.
C. Rule 54.
D. Rule 66.
Ans. ✔ B
Explanation: Rule 31 deals specifically with decrees for movable property.173. A decree for possession of immovable property is ordinarily executed under:
A. Order XXI Rule 35.
B. Rule 31.
C. Rule 54.
D. Rule 97.
Ans. ✔ A
Explanation: Delivery of actual possession is governed by Rule 35.
Case: Brahmdeo Chaudhary v. Rishikesh Prasad Jaiswal, (1997) 3 SCC 694.178. Symbolic possession is ordinarily delivered where:
A. Property is vacant.
B. The property is in occupation of a tenant or person entitled to remain in possession.
C. Judgment-Debtor absconds.
D. Property is movable.
Ans. ✔ B
Order: XXI Rule 36.
Explanation: Rule 36 applies where actual possession cannot legally be delivered because of lawful occupation by another person.174. Order XXI Rule 35 primarily deals with:
A. Arrest of Judgment-Debtor.
B. Sale proclamation.
C. Delivery of possession of immovable property.
D. Attachment of salary.
Ans. ✔ C
Explanation: Rule 35 provides for actual delivery of possession by removing persons bound by the decree.179. Which of the following decrees cannot ordinarily be executed by arrest alone?
A. Money decree.
B. Decree for delivery of immovable property.
C. Decree for injunction.
D. Decree for specific performance.
Ans. ✔ B
Explanation: Delivery of possession is governed by Rules 35 and 36, not merely by arrest of the Judgment-Debtor.175. If a Judgment-Debtor wilfully disobeys a decree for permanent injunction, the Court may:
A. Review the decree.
B. Dismiss execution.
C. Order attachment of property and detention in civil prison.
D. Direct filing of a fresh suit.
Ans. ✔ C
Order: XXI Rule 32.
Explanation: Wilful disobedience attracts coercive execution under Rule 32.
Case: Samee Khan v. Bindu Khan, (1998) 7 SCC 59.180. Which statement correctly distinguishes Rule 35 from Rule 36?
A. Both deal with attachment of property.
B. Both deal with arrest of the Judgment-Debtor.
C. Rule 35 provides for actual possession, whereas Rule 36 provides for symbolic possession.
D. Rule 35 applies only to movable property.
Ans. ✔ C
Explanation: Rule 35 applies where actual possession can be delivered; Rule 36 applies where symbolic possession is appropriate due to lawful occupation by another person.
Judicial Revision Box (Questions 171–180)
Most Important Rules
- Order XXI Rule 31 – Decree for Delivery of Movable Property
- Order XXI Rule 32 – Execution of Decrees for Specific Performance, Restitution of Conjugal Rights and Injunction
- Order XXI Rule 35 – Delivery of Immovable Property
- Order XXI Rule 36 – Symbolic Possession
Leading Supreme Court Cases
- Samee Khan v. Bindu Khan, (1998) 7 SCC 59 – Enforcement of injunction decrees under Rule 32.
- Brahmdeo Chaudhary v. Rishikesh Prasad Jaiswal, (1997) 3 SCC 694 – Delivery of possession and resistance in execution.
- Shreenath v. Rajesh, (1998) 4 SCC 543 – Rights of third parties during execution.
- Noorduddin v. Dr. K.L. Anand, (1995) 1 SCC 242 – Scope of execution proceedings relating to possession.
Judicial Examination Trend
Questions from Order XXI Rules 31, 32, 35 and 36 have repeatedly appeared in Haryana Judicial Service, Delhi Judicial Service, Rajasthan Judicial Service, Punjab Civil Judge, Uttar Pradesh PCS(J), Madhya Pradesh Civil Judge, Bihar Judicial Service, Uttarakhand Civil Judge and Himachal Pradesh Judicial Service examinations. Particular emphasis is placed on:
- Difference between actual and symbolic possession.
- Execution of injunction and specific performance decrees.
- Modes of enforcing non-money decrees.
- Practical problems concerning delivery of possession and wilful disobedience of injunctions.
PART–II : EXECUTION (BALANCE)
Order XXI – Garnishee Proceedings, Cross-Decrees, Cross-Claims & Payment into Court
Questions 181–190
Q.181–185 Q.186–190 181. A Garnishee is:
A. Judgment-Debtor.
B. Decree-Holder.
C. A third person who owes money to the Judgment-Debtor.
D. Auction Purchaser.
Ans. ✔ C
Order: XXI Rule 46.
Explanation: A garnishee is a debtor of the Judgment-Debtor whose debt may be attached in execution.
Case: Union of India v. Raman Iron Foundry, (1974) 2 SCC 231 (Principle).
Asked: Delhi, Rajasthan, Haryana (Concept).186. Garnishee proceedings are intended to:
A. Punish the Judgment-Debtor.
B. Transfer ownership of property.
C. Recover debts due to the Judgment-Debtor through a third party.
D. Decide title disputes.
Ans. ✔ C
Explanation: They facilitate execution by attaching debts owed by third persons.182. Which Rule deals with attachment of debts not secured by negotiable instruments?
A. Rule 54.
B. Rule 46.
C. Rule 64.
D. Rule 90.
Ans. ✔ B
Order: XXI Rule 46.
Explanation: Rule 46 governs attachment of debts, shares and similar movable assets.187. A garnishee who disputes liability must:
A. Be ignored by the Court.
B. Be given an opportunity of hearing before any final order is passed.
C. Pay immediately.
D. File an appeal first.
Ans. ✔ B
Explanation: Principles of natural justice apply before directing payment by the garnishee.183. Cross-decrees arise when:
A. There is one decree only.
B. Two parties have obtained decrees against each other in separate suits.
C. Two Courts pass different decrees.
D. A decree is appealed.
Ans. ✔ B
Sec.: 46–47 & Order XXI Rules 18–19.
Explanation: Cross-decrees may be adjusted to avoid multiple executions.188. Cross-claims under Order XXI Rule 19 require that:
A. Both claims arise from criminal proceedings.
B. Both decrees be passed by different countries.
C. The parties are mutually entitled to recover money from each other.
D. One decree must be ex parte.
Ans. ✔ C
Explanation: The Court may adjust the claims to determine the balance payable.184. The object of provisions relating to cross-decrees is:
A. Delay execution.
B. Increase litigation.
C. Avoid multiplicity of execution proceedings.
D. Review the decree.
Ans. ✔ C
Explanation: Adjustment between rival decrees prevents unnecessary execution proceedings.189. Which statement regarding cross-decrees is correct?
A. Separate execution is compulsory in every case.
B. Adjustment is prohibited.
C. The Court may execute only the balance found due after adjustment.
D. Both decrees automatically become void.
Ans. ✔ C
Explanation: Adjustment avoids duplication and unnecessary recovery.185. Payment made into Court by the Judgment-Debtor in satisfaction of the decree shall ordinarily:
A. Be ignored.
B. Require a fresh decree.
C. Be certified and recorded by the Executing Court.
D. Require registration.
Ans. ✔ C
Order: XXI Rule 1.
Explanation: Payment into Court is one recognized mode of satisfying a money decree.190. A Judgment-Debtor deposits the decretal amount into Court before attachment. The Executing Court shall ordinarily:
A. Continue attachment proceedings.
B. Dismiss the execution petition.
C. Record satisfaction of the decree to the extent of the payment.
D. Refer the matter to the appellate Court.
Ans. ✔ C
Order: XXI Rule 1.
Explanation: Once lawful payment is made, execution continues only for any unpaid balance, if any.
Judicial Revision Box (Questions 181–190)
Most Important Rules
- Order XXI Rule 1 – Modes of Payment under a Decree
- Order XXI Rule 18 – Execution in Case of Cross-Decrees
- Order XXI Rule 19 – Execution in Case of Cross-Claims
- Order XXI Rule 46 – Attachment of Debts (Garnishee Proceedings)
- Order XXI Rules 46A–46I – Garnishee Proceedings
Leading Supreme Court Cases
- Union of India v. Raman Iron Foundry, (1974) 2 SCC 231 – Nature of debts and attachment (principles).
- State Bank of India v. Indexport Registered, (1992) 3 SCC 159 – Execution principles in money decrees.
- Ghanshyam Das v. Anant Kumar Sinha, (1991) 4 SCC 379 – Object of execution proceedings.
- Hiralal Patni v. Kali Nath, AIR 1962 SC 199 – Executing Court cannot go behind the decree.
Judicial Examination Trend
Questions on Garnishee Proceedings (Order XXI Rules 46–46I), Cross-Decrees (Rule 18), Cross-Claims (Rule 19) and Payment into Court (Rule 1) have appeared in Delhi Judicial Service, Rajasthan Judicial Service, Punjab Civil Judge, Uttar Pradesh PCS(J), Bihar Judicial Service, Madhya Pradesh Civil Judge, and Haryana Judicial Service. These questions are generally problem-based, requiring candidates to identify the correct mode of execution, adjustment of reciprocal decrees, or attachment of debts owed by third parties.
Next (Questions 191–200): Order XXI – Arrest & Detention, Attachment of Salary, Receivers in Execution, Rateable Distribution (Section 73 CPC), and the latest Supreme Court principles on Execution, following the latest Judicial Services examination pattern.
PART–II : EXECUTION (BALANCE)
Section 73 CPC, Arrest & Detention, Attachment of Salary, Receivers in Execution
Questions 191–200
Q.191–195 Q.196–200 191. Section 73 CPC deals with:
A. Transfer of decree.
B. Arrest of Judgment-Debtor.
C. Rateable distribution of assets among decree-holders.
D. Temporary injunction.
Ans. ✔ C
Sec.: 73 CPC.
Explanation: Where assets are held by the Court and several decree-holders have applied for execution, the assets are distributed rateably among them.
Case: Mulla Md. Abdul v. Sk. Ayub, AIR 1997 SC 2823 (Principle).
Asked: Haryana, Delhi, Rajasthan.196. One of the essential conditions for rateable distribution under Section 73 CPC is that:
A. The decree-holder must be a Government authority.
B. The decree must be ex parte.
C. The execution application must have been made before receipt of the assets by the Court.
D. The decree-holder must have obtained attachment first.
Ans. ✔ C
Explanation: Only decree-holders who have applied for execution before realization of assets are entitled to participate.192. Rateable distribution under Section 73 CPC applies where:
A. Assets are in possession of the Judgment-Debtor.
B. Assets have been realized by the Court in execution.
C. Appeal is pending.
D. Property is under mortgage.
Ans. ✔ B
Explanation: Distribution takes place only after the Court has realized assets in execution proceedings.197. Which statement regarding Section 73 CPC is correct?
A. Priority depends upon the date of the decree.
B. Priority depends upon the amount of the decree.
C. Eligible decree-holders share the assets proportionately unless statutory preference applies.
D. Senior decree-holder receives the entire amount.
Ans. ✔ C
Explanation: The principle is equitable distribution among competing decree-holders.193. Arrest and detention of a Judgment-Debtor in execution is governed mainly by:
A. Order XXXIX.
B. Section 51 CPC read with Order XXI Rules 37–40.
C. Order XLI.
D. Section 80 CPC.
Ans. ✔ B
Explanation: Personal liberty can be curtailed only in accordance with the safeguards prescribed under the CPC.
Case: Jolly George Varghese v. Bank of Cochin, (1980) 2 SCC 360.198. Before ordering detention of the Judgment-Debtor, the Court must ordinarily record:
A. Findings on limitation only.
B. Findings regarding title.
C. Reasons showing satisfaction of the statutory requirements under Section 51 CPC.
D. Consent of the decree-holder only.
Ans. ✔ C
Explanation: Detention is an exceptional mode of execution and must satisfy the conditions laid down in the proviso to Section 51 CPC.194. Attachment of salary under Section 60 CPC is:
A. Unlimited.
B. Completely prohibited.
C. Permissible only to the extent allowed under Section 60 CPC.
D. Allowed only with Government sanction.
Ans. ✔ C
Explanation: Salary is protected to the extent specified under Section 60 and the relevant provisos.199. Which of the following is generally exempt from attachment?
A. Commercial profits.
B. Fixed deposits.
C. Government pension.
D. Shares in a company.
Ans. ✔ C
Sec.: 60(1)(g).
Case: Union of India v. Jyoti Chit Fund & Finance, AIR 1976 SC 1163.
Explanation: Government pensions enjoy statutory protection against attachment.195. Appointment of a Receiver during execution is intended primarily to:
A. Punish the Judgment-Debtor.
B. Preserve, manage and realize the property for effective execution.
C. Replace the decree-holder.
D. Review the decree.
Ans. ✔ B
Sec.: 51(d) CPC.
Explanation: Appointment of a Receiver is one of the recognized modes of execution where circumstances justify it.200. Which of the following correctly states the principle governing execution proceedings?
A. Executing Court may modify the decree according to equity.
B. Executing Court may grant relief not claimed in the suit.
C. Executing Court must execute the decree as it stands and cannot ordinarily go behind it.
D. Executing Court may reopen findings of fact recorded in the judgment.
Ans. ✔ C
Case: Hiralal Patni v. Kali Nath, AIR 1962 SC 199; Kiran Singh v. Chaman Paswan, AIR 1954 SC 340.
Explanation: The only recognized exception is where the decree is a nullity for want of inherent jurisdiction.
Judicial Revision Box (Questions 191–200)
Most Important Provisions
- Section 51 – Modes of Execution
- Section 60 – Property Liable to Attachment
- Section 73 – Rateable Distribution
- Order XXI Rules 37–40 – Arrest and Detention
- Section 51(d) – Appointment of Receiver in Execution
Leading Supreme Court Cases
- Jolly George Varghese v. Bank of Cochin, (1980) 2 SCC 360 – Arrest and detention of Judgment-Debtor; constitutional safeguards.
- Hiralal Patni v. Kali Nath, AIR 1962 SC 199 – Executing Court cannot go behind the decree.
- Kiran Singh v. Chaman Paswan, AIR 1954 SC 340 – Decree without jurisdiction is a nullity.
- Union of India v. Jyoti Chit Fund & Finance, AIR 1976 SC 1163 – Government pension exempt from attachment.
- Ghanshyam Das v. Anant Kumar Sinha, (1991) 4 SCC 379 – Object and scope of execution proceedings.
Judicial Examination Trend
Execution is one of the highest-weightage areas in Judicial Service examinations. Questions on Section 73 (Rateable Distribution), Order XXI Rules 37–40 (Arrest and Detention), Section 60 (Attachment of Salary and Exempt Property) and Section 51(d) (Appointment of Receiver) have appeared in Haryana Judicial Service, Delhi Judicial Service, Rajasthan Judicial Service, Punjab Civil Judge, Uttar Pradesh PCS(J), Bihar Judicial Service, Madhya Pradesh Civil Judge, Uttarakhand Civil Judge, Chhattisgarh Civil Judge, Himachal Pradesh Judicial Service, and Jharkhand Judicial Service.
Part–II (Execution Proceedings) is now substantially complete. The next chapter should be Order XXII – Death, Marriage and Insolvency of Parties (Abatement of Suits), another highly tested topic in Judicial Services examinations.
CHAPTER–22 : ORDER XXII
Death, Marriage & Insolvency of Parties (Abatement of Suits)
(Based on Haryana Judicial Services Examination Pattern)
Questions 211–220
Q.211–215 Q.216–220 211. The limitation for filing an application to bring the legal representatives of a deceased plaintiff or defendant on record is ordinarily:
A. 30 days.
B. 60 days.
C. 90 days.
D. 120 days.
Ans. ✔ C
Limitation Act: Article 120.
Explanation: The application for substitution must ordinarily be filed within 90 days from the date of death.
Asked: Haryana, Delhi, Rajasthan.216. An application for setting aside abatement is ordinarily governed by:
A. Article 120.
B. Article 121 of the Limitation Act.
C. Article 137.
D. Article 113.
Ans. ✔ B
Explanation: Such an application should ordinarily be filed within 60 days from the date of abatement.212. If the application for substitution is filed beyond limitation, the applicant should ordinarily file along with it:
A. Appeal.
B. Review Petition.
C. An application under Section 5 of the Limitation Act seeking condonation of delay.
D. Revision Petition.
Ans. ✔ C
Explanation: Delay in substitution may be condoned on showing sufficient cause.
Case: Perumon Bhagvathy Devaswom v. Bhargavi Amma, (2008) 8 SCC 321.217. Marriage of a female plaintiff during pendency of a suit:
A. Always results in abatement.
B. Automatically dismisses the suit.
C. Does not cause abatement merely because of marriage.
D. Requires institution of a fresh suit.
Ans. ✔ C
Order: XXII Rule 7.
Explanation: Marriage by itself does not affect the continuance of the suit.213. Order XXII Rule 5 CPC empowers the Court to determine:
A. Criminal liability.
B. Who is the legal representative of the deceased party.
C. Market value of the property.
D. Territorial jurisdiction.
Ans. ✔ B
Explanation: The Court determines the question summarily for continuation of the proceedings.
Case: Jaladi Suguna (Dead) through LRs v. Satya Sai Central Trust, (2008) 8 SCC 521.218. The inquiry under Rule 5 regarding legal representatives is:
A. Final determination of title.
B. Criminal trial.
C. Summary in nature and confined to representation of the estate.
D. Arbitration proceeding.
Ans. ✔ C
Explanation: Findings under Rule 5 are for purposes of the suit and do not finally determine title.214. Where the right to sue does not survive, the suit shall:
A. Continue against all parties.
B. Abate on the death of the concerned party.
C. Be transferred to another Court.
D. Automatically be decreed.
Ans. ✔ B
Explanation: Survival of the right to sue is the foundation of Order XXII.219. Insolvency of a plaintiff is specifically dealt with under:
A. Order XXI.
B. Order XXIII.
C. Order XXII Rule 8.
D. Order XXXVII.
Ans. ✔ C
Explanation: Rule 8 provides the procedure where a plaintiff becomes insolvent and the Official Assignee or Receiver declines to continue the suit.215. Which statement is correct?
A. Every suit abates on death.
B. Every appeal abates automatically.
C. Abatement depends upon the survival of the right to sue and compliance with procedural requirements.
D. Marriage always terminates the proceedings.
Ans. ✔ C
Explanation: The Court examines both the nature of the right involved and compliance with Order XXII.220. Where legal representatives are not brought on record within limitation and no sufficient cause is shown, the consequence is:
A. Review of the decree.
B. Stay of proceedings.
C. Abatement of the suit or appeal to the extent applicable.
D. Automatic decree in favour of the opposite party.
Ans. ✔ C
Case: State of Punjab v. Nathu Ram, AIR 1962 SC 89.
Explanation: Failure to substitute legal representatives within limitation results in abatement unless the delay is condoned and the abatement is set aside.
Judicial Revision Box (Questions 211–220)
Most Important Provisions
- Order XXII Rule 5 – Determination of Legal Representative
- Order XXII Rule 7 – Effect of Marriage
- Order XXII Rule 8 – Insolvency of Plaintiff
- Article 120, Limitation Act, 1963 – Application for Substitution (90 Days)
- Article 121, Limitation Act, 1963 – Setting Aside Abatement (60 Days)
- Section 5, Limitation Act, 1963 – Condonation of Delay
Leading Supreme Court Cases
- Perumon Bhagvathy Devaswom v. Bhargavi Amma, (2008) 8 SCC 321 – Delay in substitution and setting aside abatement.
- Jaladi Suguna (Dead) through LRs v. Satya Sai Central Trust, (2008) 8 SCC 521 – Scope of inquiry under Rule 5.
- State of Punjab v. Nathu Ram, AIR 1962 SC 89 – Effect of abatement where the decree is inseverable.
- Budh Ram v. Bansi, (2010) 11 SCC 476 – Right to sue and substitution of legal representatives.
Judicial Examination Trend
Questions on Order XXII Rules 5–8 are regularly asked in Haryana Judicial Service, Delhi Judicial Service, Rajasthan Judicial Service, Punjab Civil Judge, Uttar Pradesh PCS(J), Bihar Judicial Service, Madhya Pradesh Civil Judge, Uttarakhand Civil Judge, and Himachal Pradesh Judicial Service examinations. Examiners frequently test:
- Limitation for substitution (90 days).
- Limitation for setting aside abatement (60 days).
- Summary inquiry under Rule 5.
- Effect of marriage and insolvency on pending suits.
- Difference between abatement, dismissal, and substitution.
- Problem-based questions on delay, condonation, and survival of the right to sue.
CHAPTER–23 : ORDER XXIII
Withdrawal and Adjustment of Suits
(Based on Haryana Judicial Services Examination Pattern)
Questions 221–230
Q.221–225 Q.226–230 221. The principal object of Order XXIII CPC is to regulate:
A. Appeals.
B. Execution.
C. Withdrawal, abandonment and compromise of suits.
D. Review petitions.
Ans. ✔ C
Order: XXIII.
Explanation: Order XXIII provides the procedure for withdrawal of suits and recording lawful compromises.
Case: Banwari Lal v. Chando Devi, (1993) 1 SCC 581.
Asked: Haryana, Delhi, Rajasthan, UP PCS(J).226. A plaintiff may abandon a part of his claim under:
A. Order XXII Rule 3.
B. Order XXIII Rule 1(1).
C. Order VI Rule 17.
D. Order VII Rule 11.
Ans. ✔ B
Explanation: A plaintiff has the right to abandon the whole or part of his claim, subject to the provisions of Rule 1.222. Withdrawal of a suit with liberty to institute a fresh suit may be permitted where:
A. Plaintiff changes his advocate.
B. The suit must fail due to a formal defect or there are sufficient grounds.
C. Defendant remains absent.
D. Court fees are deficient.
Ans. ✔ B
Order: XXIII Rule 1(3).
Explanation: Leave is granted only where the Court is satisfied that the statutory conditions exist.
Case: K.S. Bhoopathy v. Kokila, (2000) 5 SCC 458.227. Which of the following is generally regarded as a formal defect?
A. Weak evidence.
B. Failure to prove the case.
C. Misjoinder of parties or improper valuation of the suit.
D. False pleadings.
Ans. ✔ C
Explanation: Formal defects relate to procedure and not to the merits of the claim.223. If a plaintiff withdraws a suit without liberty to file a fresh suit, he is ordinarily:
A. Free to file another suit on the same cause of action.
B. Barred from instituting a fresh suit on the same subject-matter.
C. Entitled to automatic restoration.
D. Entitled to appeal.
Ans. ✔ B
Order: XXIII Rule 1(4).
Explanation: Withdrawal without permission bars a fresh suit on the same cause of action.228. Permission under Rule 1(3) is granted by:
A. Plaintiff himself.
B. Defendant.
C. The Court after recording satisfaction.
D. District Collector.
Ans. ✔ C
Explanation: Judicial satisfaction is mandatory before granting liberty to file a fresh suit.224. The expression "sufficient grounds" in Order XXIII Rule 1(3) has been interpreted:
A. Narrowly and mechanically.
B. By judicial discretion depending on the facts of each case.
C. To mean only jurisdictional defects.
D. To include every unsuccessful suit.
Ans. ✔ B
Case: K.S. Bhoopathy v. Kokila, (2000) 5 SCC 458.
Explanation: The discretion must be exercised cautiously and not as a matter of course.229. A compromise decree may be passed only if the compromise is:
A. Oral only.
B. Registered only.
C. Lawful and in writing, signed by the parties.
D. Signed only by advocates.
Ans. ✔ C
Order: XXIII Rule 3.
Explanation: The compromise must be lawful and satisfy the statutory requirements.225. Order XXIII Rule 3 deals with:
A. Amendment of pleadings.
B. Review.
C. Compromise of suits.
D. Appeals.
Ans. ✔ C
Explanation: Rule 3 authorizes the Court to record a lawful compromise and pass a decree in accordance with it.
Case: Banwari Lal v. Chando Devi, (1993) 1 SCC 581.230. A compromise which is void or voidable under the Indian Contract Act, 1872:
A. Must always be recorded.
B. Automatically binds the Court.
C. Cannot form the basis of a compromise decree.
D. Is enforceable without inquiry.
Ans. ✔ C
Explanation: Only a lawful compromise can be recorded under Order XXIII Rule 3.
Case: Pushpa Devi Bhagat v. Rajinder Singh, (2006) 5 SCC 566.
Judicial Revision Box (Questions 221–230)
Most Important Provisions
- Order XXIII Rule 1 – Withdrawal and Abandonment of Suit
- Order XXIII Rule 1(3) – Withdrawal with Liberty to File Fresh Suit
- Order XXIII Rule 1(4) – Bar to Fresh Suit
- Order XXIII Rule 3 – Compromise of Suit
- Order XXIII Rule 3A – Bar of Separate Suit to Set Aside a Compromise Decree
Leading Supreme Court Cases
- Banwari Lal v. Chando Devi, (1993) 1 SCC 581 – Remedy against compromise decree and recording of compromise.
- K.S. Bhoopathy v. Kokila, (2000) 5 SCC 458 – Withdrawal with liberty under Rule 1(3).
- Pushpa Devi Bhagat v. Rajinder Singh, (2006) 5 SCC 566 – Challenge to compromise decree and Rule 3A.
- Triloki Nath Singh v. Anirudh Singh, (2020) 6 SCC 629 – Principles governing lawful compromise.
CHAPTER–23 : ORDER XXIII
Withdrawal and Compromise of Suits
(Based on Haryana Judicial Services Examination Pattern)
Questions 231–240
Q.231–235 Q.236–240 231. Under Order XXIII Rule 3A CPC, which of the following is barred?
A. Appeal against every decree.
B. Review of a compromise decree.
C. A separate suit challenging the lawfulness of a compromise decree.
D. Execution of a compromise decree.
Ans. ✔ C
Provision: Order XXIII Rule 3A CPC.
Explanation: The validity of a compromise decree can be questioned only before the Court which recorded the compromise and not by filing a separate suit.
Case: Pushpa Devi Bhagat v. Rajinder Singh, (2006) 5 SCC 566.
Asked: Haryana, Delhi, Rajasthan.236. A lawful compromise under Order XXIII Rule 3 must be:
A. Oral only.
B. Signed only by Advocates.
C. In writing and signed by the parties.
D. Registered in every case.
Ans. ✔ C
Explanation: A compromise must be lawful, reduced into writing and signed by the parties before it can be recorded by the Court.232. If a party alleges that a compromise decree was obtained by fraud or misrepresentation, the proper remedy is to:
A. Institute a fresh civil suit.
B. File a writ petition.
C. Apply before the same Court which recorded the compromise.
D. File a criminal complaint only.
Ans. ✔ C
Explanation: In view of Rule 3A, the legality of the compromise must be examined by the Court which passed the compromise decree.
Case: Banwari Lal v. Chando Devi, (1993) 1 SCC 581.237. A compromise entered into on behalf of a minor without obtaining the leave of the Court is:
A. Absolutely valid.
B. Void ab initio.
C. Voidable at the instance of the minor.
D. Automatically executable.
Ans. ✔ C
Provision: Order XXXII Rule 7 CPC.
Explanation: Leave of the Court is mandatory before entering into any compromise affecting the rights of a minor.233. Section 96(3) CPC provides that:
A. Every decree is appealable.
B. No appeal lies from a consent decree.
C. Every compromise decree is void.
D. Every compromise decree is appealable.
Ans. ✔ B
Provision: Section 96(3) CPC.
Explanation: Since a consent decree is based on the agreement of the parties, no regular appeal lies against it.238. Order XXIII Rule 3B CPC applies to:
A. Money suits only.
B. Matrimonial proceedings.
C. Representative suits under Order I Rule 8 CPC.
D. Execution proceedings only.
Ans. ✔ C
Explanation: Any compromise in a representative suit requires the leave of the Court.234. A compromise decree is correctly described as:
A. A private contract only.
B. Both a contract between the parties and a decree of the Court.
C. An administrative order.
D. A mere admission.
Ans. ✔ B
Explanation: After being recorded by the Court, a compromise acquires the status of a decree and becomes executable like any other decree.239. A compromise entered into in a representative suit without the permission of the Court is:
A. Perfectly valid.
B. Irregular but enforceable.
C. Void under Order XXIII Rule 3B CPC.
D. Valid if signed by counsel.
Ans. ✔ C
Explanation: Rule 3B protects the interests of all persons represented in the suit.235. Rule 3A of Order XXIII was inserted mainly to:
A. Increase litigation.
B. Restrict execution proceedings.
C. Prevent multiplicity of litigation by barring separate suits against compromise decrees.
D. Restrict appellate jurisdiction.
Ans. ✔ C
Explanation: The amendment ensures finality of compromise decrees and avoids unnecessary parallel proceedings.240. Which of the following is correct regarding a compromise decree?
A. It may always be challenged through a separate suit.
B. It cannot be executed.
C. It binds the parties and operates as estoppel unless set aside in accordance with law.
D. It has no legal effect.
Ans. ✔ C
Case: Pushpa Devi Bhagat v. Rajinder Singh, (2006) 5 SCC 566.
Explanation: A compromise decree remains binding and executable until it is lawfully set aside by the Court that recorded it.
Judicial Revision Box
Most Important Provisions
- Order XXIII Rule 1 – Withdrawal and Abandonment of Suit
- Order XXIII Rule 3 – Compromise of Suit
- Order XXIII Rule 3A – Bar of Separate Suit against Compromise Decree
- Order XXIII Rule 3B – Compromise in Representative Suits
- Section 96(3) CPC – No Appeal from Consent Decree
- Order XXXII Rule 7 CPC – Compromise on Behalf of a Minor
Leading Supreme Court Cases
- Banwari Lal v. Chando Devi, (1993) 1 SCC 581.
- Pushpa Devi Bhagat v. Rajinder Singh, (2006) 5 SCC 566.
- Triloki Nath Singh v. Anirudh Singh, (2020) 6 SCC 629.
- Byram Pestonji Gariwala v. Union Bank of India, (1992) 1 SCC 31 – Authority of counsel to enter into compromise.
- Gurpreet Singh v. Chatur Bhuj Goel, AIR 1988 SC 400 – Essentials of a lawful compromise.
Judicial Examination Trend
Questions on Order XXIII are among the most frequently asked in Judicial Service Examinations, particularly in Haryana, Delhi, Rajasthan, Uttar Pradesh, Punjab, Bihar, Madhya Pradesh, Uttarakhand, Himachal Pradesh and Chhattisgarh. Examiners generally focus on:
- Withdrawal with and without liberty.
- Meaning of formal defect and sufficient grounds.
- Lawful compromise under Rule 3.
- Separate suit barred under Rule 3A.
- Representative suits under Rule 3B.
- Consent decree under Section 96(3).
- Compromise involving minors under Order XXXII Rule 7.
This version is more suitable for a Judicial Services practice book, closely matching the style and difficulty level of Haryana, Delhi, and Rajasthan Judicial Service Preliminary Examinations.
CHAPTER–24 : ORDER XXIV
Payment into Court
(Based on Haryana Judicial Services Examination Pattern)
Questions 241–250
Q.241–245 Q.246–250 241. The principal object of Order XXIV CPC is to:
A. Regulate execution proceedings.
B. Govern appeals.
C. Enable a defendant to deposit money in Court in satisfaction of the plaintiff's claim.
D. Regulate review petitions.
Ans. ✔ C
Provision: Order XXIV Rule 1.
Explanation: Order XXIV encourages settlement by allowing the defendant to pay into Court the amount admitted to be due.
Asked: Rajasthan, Delhi (Concept).246. Under Order XXIV Rule 1, payment into Court may be made by:
A. Plaintiff only.
B. Defendant.
C. Witness.
D. Court Commissioner.
Ans. ✔ B
Explanation: The provision is intended for the benefit of the defendant who admits liability wholly or partly.242. Payment into Court under Order XXIV is applicable mainly in:
A. Criminal proceedings.
B. Writ proceedings.
C. Money suits.
D. Election petitions.
Ans. ✔ C
Explanation: The Order primarily applies where the relief claimed is payment of money.247. Where the plaintiff accepts the amount deposited in Court in full satisfaction of his claim, the Court shall ordinarily:
A. Continue the trial.
B. Order attachment of property.
C. Record satisfaction and dispose of the suit accordingly.
D. Transfer the suit.
Ans. ✔ C
Explanation: Acceptance of the deposit normally concludes the dispute to that extent.243. If the plaintiff accepts only a part of the amount deposited, the suit shall proceed regarding:
A. The entire claim.
B. The remaining disputed amount.
C. Costs only.
D. Interest only.
Ans. ✔ B
Explanation: The suit continues only for the balance amount that remains in dispute.248. The amount deposited in Court under Order XXIV is generally treated as:
A. Security for costs.
B. Court fee.
C. Payment towards the admitted liability.
D. Evidence only.
Ans. ✔ C
Explanation: The deposit represents the amount which the defendant admits to be payable.244. The primary object of Order XXIV is to:
A. Delay proceedings.
B. Increase litigation.
C. Encourage early settlement and reduce unnecessary disputes.
D. Confer appellate jurisdiction.
Ans. ✔ C
Explanation: The provisions aim to save judicial time where liability is admitted wholly or partly.249. Which statement is correct regarding Order XXIV?
A. It applies to every civil proceeding.
B. It applies only after the decree.
C. It operates during the pendency of a money suit before decree.
D. It applies only in execution proceedings.
Ans. ✔ C
Explanation: Payment into Court is made while the suit is pending.245. Payment into Court under Order XXIV ordinarily affects the question of:
A. Territorial jurisdiction.
B. Pecuniary jurisdiction.
C. Interest and costs depending upon the conduct of the parties.
D. Res judicata.
Ans. ✔ C
Explanation: Acceptance or refusal of a reasonable deposit may influence the Court while awarding interest and costs.250. Which of the following statements is correct?
A. Payment into Court amounts to withdrawal of the defence.
B. Deposit automatically results in dismissal of the suit.
C. Payment into Court is an admission only to the extent of the amount deposited and not necessarily of the entire claim.
D. Payment into Court amounts to admission of every allegation in the plaint.
Ans. ✔ C
Explanation: The defendant admits liability only to the extent of the amount deposited and may continue to contest the remaining claim.
Judicial Revision Box
Most Important Provisions
- Order XXIV Rule 1 – Deposit by Defendant in Satisfaction of Claim
- Order XXIV Rule 2 – Notice of Deposit to Plaintiff
- Order XXIV Rule 3 – Interest on Deposited Amount
- Order XXIV Rule 4 – Procedure Where Plaintiff Accepts Deposit
Important Judicial Principles
- Order XXIV applies primarily to money suits.
- Payment into Court is voluntary and relates only to the admitted liability.
- The plaintiff may accept the whole or part of the deposited amount.
- The suit continues only regarding the disputed balance.
- The Court may consider the conduct of the parties while awarding interest and costs.
Judicial Examination Trend
Although Order XXIV is comparatively short, questions have appeared in Delhi Judicial Service, Rajasthan Judicial Service, Uttar Pradesh PCS(J), Madhya Pradesh Civil Judge, Bihar Judicial Service, Punjab Civil Judge, and Haryana Judicial Service (concept-based) examinations. Examiners usually test:
- Scope of Payment into Court.
- Difference between Payment into Court (Order XXIV) and Payment under Order XXI Rule 1 (Execution).
- Effect of accepting or refusing the deposited amount.
- Consequences regarding interest and costs.
- Practical problem-based questions involving admitted liability.
Next Chapter (Questions 251–260): Order XXV – Security for Costs, an important topic frequently tested in Haryana, Delhi, Rajasthan, MP, UP, Bihar, and Punjab Judicial Service Examinations.
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