FACTWARRIOR®

THE CODE OF CIVIL PROCEDURE, 1908

PRACTICE PAPER–2

CHAPTER–25 : ORDER XXV

SECURITY FOR COSTS

(Based on Haryana Judicial Services Examination Pattern)

Questions 251–260

Question–251 ★★★★★

The primary object of Order XXV CPC is to:

(A) Secure the decretal amount.

(B) Provide security for witnesses.

(C) Secure the payment of litigation costs by the plaintiff where circumstances justify such security. ✔

(D) Secure execution of the decree.

Answer : (C) ✔

Provision: Order XXV Rule 1 CPC.

Explanation: The object of Order XXV is to protect the defendant from being unable to recover costs where there is a genuine apprehension that the plaintiff may fail to pay such costs if the suit is dismissed.

Importance: ★★★★★

Asked: Delhi Judicial Service, Rajasthan Judicial Service (Concept).

Question–252 ★★★★★

Under Order XXV Rule 1 CPC, the Court may direct the plaintiff to furnish security for costs when:

(A) Every plaintiff institutes a suit.

(B) Only where the suit is filed against the Government.

(C) The circumstances mentioned in Rule 1 exist and the Court considers it just to order security. ✔

(D) Only after the decree is passed.

Answer : (C) ✔

Explanation: The power is discretionary and is exercised only when the statutory conditions are satisfied.

Provision: Order XXV Rule 1 CPC.

Importance: ★★★★★

Question–253 ★★★★★

An order directing a plaintiff to furnish security for costs is:

(A) Mandatory in every suit.

(B) Automatic where the plaintiff resides outside India.

(C) Discretionary and based upon judicial satisfaction. ✔

(D) Passed only with the consent of the defendant.

Answer : (C) ✔

Explanation: The Court must exercise its discretion judicially after considering the facts and circumstances of the case.

Provision: Order XXV Rule 1 CPC.

Question–254 ★★★★☆

If the plaintiff fails to furnish the security ordered by the Court within the prescribed time, the Court may:

(A) Pass a decree in favour of the defendant.

(B) Strike off the written statement.

(C) Dismiss the suit. ✔

(D) Transfer the suit.

Answer : (C) ✔

Provision: Order XXV Rule 2 CPC.

Explanation: Failure to comply with the order to furnish security may result in dismissal of the suit.

Asked: UP PCS(J), Bihar Judicial Service (Concept).

Question–255 ★★★★★

Which of the following statements is correct?

(A) Security for costs can be ordered only in commercial suits.

(B) Security for costs can never be ordered against an Indian citizen.

(C) The power under Order XXV is discretionary and must be exercised judicially. ✔

(D) The Court has no power to dismiss the suit for non-compliance.

Answer : (C) ✔

Explanation: The Court must record reasons and exercise the power cautiously.

Provision: Order XXV Rules 1 & 2 CPC.

Question–256 ★★★★★

Order XXV CPC is intended primarily to protect:

(A) The plaintiff.

(B) The defendant against difficulty in recovering costs. ✔

(D) The Government.

Answer : (B) ✔

Explanation: The Order safeguards the defendant from unnecessary litigation where recovery of costs may become impossible.

Question–257 ★★★★☆

Security for costs under Order XXV is generally ordered in respect of:

(A) Criminal proceedings.

(B) Writ petitions.

(C) Civil suits. ✔

(D) Election petitions.

Answer : (C) ✔

Explanation: Order XXV forms part of the Civil Procedure Code and applies to civil proceedings.

Question–258 ★★★★★

Which Rule of Order XXV deals with the consequences of failure to furnish security?

(A) Rule 1.

(B) Rule 2. ✔

(D) Rule 4.

Answer : (B) ✔

Explanation: Rule 2 authorises dismissal of the suit where the plaintiff fails to comply with the order for furnishing security.

Question–259 ★★★★★

Which one of the following statements is incorrect?

(A) Security for costs is not ordered in every suit.

(B) The Court exercises judicial discretion while passing such orders.

(D) Security for costs is compulsory in every money suit. ✔

Answer : (D) ✔

Explanation: There is no such mandatory rule. The Court must examine the facts of each case.

Question–260 ★★★★★

The provisions relating to Security for Costs are contained in:

(A) Order XXIV CPC.

(B) Order XXV CPC. ✔

(D) Order XXVII CPC.

Answer : (B) ✔

Explanation: Order XXV specifically deals with Security for Costs and consists of provisions empowering the Court to direct the plaintiff to furnish security where justified.

FACTWARRIOR Quick Revision

Most Important Provisions

Order XXV Rule 1 – When Security for Costs may be ordered.
Order XXV Rule 2 – Consequence of failure to furnish security.

Judicial Examination Focus

★★★★★ Frequently Tested Concepts

Object of Security for Costs.
Judicial discretion under Rule 1.
Dismissal for non-compliance under Rule 2.
Difference between Security for Costs and Security before Judgment (Order XXXVIII).
Circumstances in which security may be demanded.

Asked in Judicial Service Examinations

Haryana Judicial Service
Delhi Judicial Service
Rajasthan Judicial Service
Uttar Pradesh PCS (J)
Bihar Judicial Service
Madhya Pradesh Civil Judge
Punjab Civil Judge
Uttarakhand Judicial Service

Next: Questions 261–270 (Advanced Order XXV MCQs) covering company plaintiffs, plaintiffs residing outside India, judicial discretion, landmark case law, and problem-based questions in the Haryana Judicial Services examination style.

Continuing from Question No. 260, here is the next set in the same FactWarrior format.

FACTWARRIOR®

THE CODE OF CIVIL PROCEDURE, 1908

PRACTICE PAPER–2

CHAPTER–25 : ORDER XXV

SECURITY FOR COSTS

(Based on Haryana Judicial Services Examination Pattern)

Questions 261–270

Question–261 ★★★★★

A plaintiff resides outside India and owns no sufficient immovable property in India. The defendant applies for security for costs. The Court may:

Reject the application automatically.
Dismiss the suit immediately.
Direct the plaintiff to furnish security for costs if the Court considers it just. ✔
Order attachment before judgment.

Answer : (C) ✔

Provision: Order XXV Rule 1 CPC.

Explanation: Residence outside India and absence of sufficient immovable property in India are relevant circumstances for considering security for costs.

Importance: ★★★★★

Asked: Haryana Judicial Service, Delhi Judicial Service (Concept).

Question–262 ★★★★★

Under Order XXV Rule 1 CPC, the Court may require security for costs from a plaintiff residing outside India when:

The plaintiff is a Government servant.
The suit is for recovery of money only.
The plaintiff does not possess sufficient immovable property within India, other than the property in suit. ✔
The defendant has already filed a written statement.

Answer : (C) ✔

Explanation: The relevant circumstance is the plaintiff’s residence outside India coupled with absence of sufficient immovable property within India.

Provision: Order XXV Rule 1 CPC.

Question–263 ★★★★★

Which of the following is a relevant consideration for ordering security for costs?

The plaintiff’s religion.
The defendant’s financial status alone.
The likelihood of difficulty in recovering costs from the plaintiff. ✔
The age of the plaintiff.

Answer : (C) ✔

Explanation: The object is to protect the defendant where recovery of costs may become difficult if the plaintiff’s suit fails.

Question–264 ★★★★★

A plaintiff company institutes a suit. The defendant seeks security for costs alleging that the company may be unable to pay the defendant’s costs if unsuccessful. The Court may:

Automatically dismiss the suit.
Order security for costs after considering the circumstances and exercising judicial discretion. ✔
Refuse the application because the plaintiff is a company.
Transfer the suit to the High Court.

Answer : (B) ✔

Explanation: In the case of a company plaintiff, the Court may require security for costs where circumstances justify such an order.

Importance: ★★★★★

Asked: Rajasthan Judicial Service, MP Civil Judge (Concept).

Question–265 ★★★★★

An order under Order XXV Rule 1 CPC directing security for costs is:

Purely ministerial.
Automatic whenever the defendant applies.
A judicial order based on the Court’s discretion. ✔
Equivalent to a decree.

Answer : (C) ✔

Explanation: The Court must consider the facts of the case and record reasons while exercising discretion.

Question–266 ★★★★☆

Which of the following statements is correct regarding a plaintiff residing outside India?

Security for costs is mandatory in every such case.
The Court may order security for costs if the statutory conditions are satisfied and it is just to do so. ✔
The Court has no jurisdiction to order security for costs.
The defendant must first obtain attachment before judgment.

Answer : (B) ✔

Explanation: The power is discretionary and depends on the satisfaction of the conditions mentioned in Rule 1.

Question–267 ★★★★★

If the plaintiff fails to furnish security within the time fixed by the Court, the Court may:

Pass a decree in favour of the defendant.
Strike off the plaint.
Dismiss the suit. ✔
Refer the matter to arbitration.

Answer : (C) ✔

Provision: Order XXV Rule 2 CPC.

Explanation: Failure to comply with the order to furnish security may result in dismissal of the suit.

Question–268 ★★★★★

Which statement correctly distinguishes Order XXV from Order XXXVIII?

Both deal with security for costs.
Order XXV deals with security for costs, whereas Order XXXVIII deals with arrest and attachment before judgment. ✔
Order XXV applies only after decree, while Order XXXVIII applies before decree.
Both provisions are identical in object and scope.

Answer : (B) ✔

Explanation: Order XXV protects the defendant’s right to recover litigation costs; Order XXXVIII secures the plaintiff’s claim before judgment.

Question–269 ★★★★★

The Court should ordinarily record reasons while directing security for costs because:

Every judicial order must be reasoned.
The power under Order XXV Rule 1 is discretionary and affects the plaintiff’s right to prosecute the suit. ✔
The defendant has an absolute right to such security.
The order is automatically appealable.

Answer : (B) ✔

Explanation: Since the order may restrict continuation of the suit in case of non-compliance, judicial reasons are necessary.

Question–270 ★★★★★

Which of the following is the best statement regarding Order XXV CPC?

It compels every plaintiff to furnish security for costs.
It applies only to Government suits.
It empowers the Court to require security for costs in appropriate cases and to dismiss the suit for non-compliance. ✔
It is a provision relating to execution proceedings.

Answer : (C) ✔

Explanation: Order XXV Rules 1 and 2 together provide the power to require security for costs and the consequence of failure to furnish such security.

FACTWARRIOR Quick Revision

Most Important Provisions

Order XXV Rule 1 – When Security for Costs may be ordered.
Order XXV Rule 2 – Consequence of failure to furnish security.

Judicial Examination Focus

Residence of plaintiff outside India.
Absence of sufficient immovable property in India.
Security for costs by company plaintiffs.
Judicial discretion and recording of reasons.
Dismissal of suit for non-compliance.
Difference between Order XXV and Order XXXVIII.

Asked in Judicial Service Examinations

Haryana Judicial Service
Delhi Judicial Service
Rajasthan Judicial Service
Uttar Pradesh PCS (J)
Bihar Judicial Service
Madhya Pradesh Civil Judge
Punjab Civil Judge
Uttarakhand Judicial Service

The next chapter will continue from Question No. 271 with Order XXVI – Commissions, another important topic frequently tested in Judicial Service Examinations.

THE CODE OF CIVIL PROCEDURE, 1908

PRACTICE PAPER–2

CHAPTER–26 : ORDER XXVI

COMMISSIONS

(Based on Haryana, Delhi, Rajasthan, Punjab, UP, Bihar & MP Judicial Services Examination Pattern)

Questions 271–280

Question–271 ★★★★★

Order XXVI CPC primarily deals with:

(A) Temporary Injunction

(B) Security for Costs

(C) Commissions ✔

(D) Execution of Decree

Answer : (C) ✔

Provision: Order XXVI CPC.

Explanation: Order XXVI contains provisions empowering the Court to issue commissions for examination of witnesses, local investigations, scientific investigation, partition, accounts and ministerial acts.

Importance: ★★★★★

Asked: Haryana Judicial Service, Rajasthan Judicial Service.

Question–272 ★★★★★

The principal object of issuing a Commission under Order XXVI CPC is to:

(A) Delegate judicial functions.

(B) Decide the suit outside the Court.

(C) Assist the Court in collecting evidence or conducting investigation which cannot conveniently be done by the Court itself. ✔

(D) Transfer the jurisdiction of the Court.

Answer : (C) ✔

Explanation: A Commissioner merely assists the Court. He does not exercise judicial powers.

Provision: Order XXVI CPC.

Question–273 ★★★★★

A Commissioner appointed under Order XXVI CPC:

(A) Acts as a Judge.

(B) Decides the rights of the parties.

(C) Acts as an extended arm or agency of the Court. ✔

(D) Becomes an Arbitrator.

Answer : (C) ✔

Explanation: A Commissioner only performs duties assigned by the Court and submits a report. The final decision always remains with the Court.

Case Law: H.S. Goutham v. Rama Murthy (Principle).

Importance: ★★★★★

Question–274 ★★★★★

The report submitted by the Commissioner is:

(A) Final and binding in every case.

(B) Equivalent to a decree.

(C) Evidence in the suit, subject to the Court's appreciation and objections by the parties. ✔

(D) Not admissible in evidence.

Answer : (C) ✔

Explanation: The Commissioner's report forms part of the record but is not conclusive. The Court may accept, reject or modify it.

Provision: Order XXVI Rule 10 CPC.

Question–275 ★★★★★

Which Rule of Order XXVI deals with Local Investigation?

(A) Rule 1

(B) Rule 4

(C) Rule 9 ✔

(D) Rule 13

Answer : (C) ✔

Explanation: Rule 9 empowers the Court to issue a commission for local investigation where it considers such investigation necessary or proper.

Provision: Order XXVI Rule 9 CPC.

Asked: Haryana Judicial Service, Delhi Judicial Service.

Question–276 ★★★★★

A Commission for Local Investigation is generally issued to:

(A) Decide disputed questions of law.

(B) Record arguments.

(C) Elucidate matters in dispute by local inspection or inquiry. ✔

(D) Execute the decree.

Answer : (C) ✔

Explanation: Local investigation helps the Court understand physical facts such as boundaries, encroachments, possession or condition of property.

Provision: Order XXVI Rule 9 CPC.

Question–277 ★★★★★

The Court may issue a Commission for examination of a witness who:

(A) Refuses to attend without any reason.

(B) Is a minor.

(C) Is unable to attend the Court due to reasons recognised by law. ✔

(D) Has already been examined.

Answer : (C) ✔

Explanation: Where a witness cannot conveniently attend the Court because of illness, age, residence or other legally recognised reasons, his evidence may be recorded on commission.

Provision: Order XXVI Rules 1–8 CPC.

Question–278 ★★★★★

Which of the following is NOT a purpose for which a Commission may be issued under Order XXVI CPC?

(A) Local Investigation

(B) Examination of Witnesses

(D) Grant of Temporary Injunction ✔

Answer : (D) ✔

Explanation: Temporary Injunction is governed by Order XXXIX CPC and not by Order XXVI.

Question–279 ★★★★★

The Court issues a Commission for Scientific Investigation under Order XXVI mainly to:

(A) Decide legal issues.

(B) Record admissions.

(C) Obtain expert assistance regarding scientific or technical matters involved in the suit. ✔

(D) Execute a decree.

Answer : (C) ✔

Provision: Order XXVI Rule 10A CPC.

Explanation: Scientific investigation is ordered where technical expertise is required for proper adjudication.

Asked: Delhi Judicial Service (Concept).

Question–280 ★★★★★

Which one of the following statements is correct?

(A) A Commissioner's report is always binding upon the Court.

(B) A Commissioner exercises judicial powers.

(D) The Court may accept, reject or direct further inquiry regarding the Commissioner's report. ✔

Answer : (D) ✔

Provision: Order XXVI Rule 10 CPC.

Explanation: The report is only one piece of evidence. The Court remains the final authority to appreciate the evidence and decide the case.

FACTWARRIOR Quick Revision

Most Important Rules

Rules 1–8 – Examination of Witnesses
Rule 9 – Local Investigation ⭐⭐⭐⭐⭐
Rule 10 – Commissioner's Report
Rule 10A – Scientific Investigation ⭐⭐⭐⭐⭐
Rules 11–12 – Ministerial Acts
Rules 13–14 – Partition
Rules 15–18 – Accounts and General Provisions

Judicial Examination Focus

★★★★★ Frequently Asked Topics

Nature and object of Commission
Commissioner's powers
Evidentiary value of Commissioner's Report
Local Investigation (Rule 9)
Scientific Investigation (Rule 10A)
Difference between Commission and Expert Evidence
Whether the Court is bound by the Commissioner's Report

Next: Questions 281–290 will cover Examination of Witnesses on Commission, Foreign Commissions, Partition, Accounts, Ministerial Acts, and leading Supreme Court judgments, exactly in the pattern of Haryana Judicial Service Preliminary Examination.

FACTWARRIOR®

THE CODE OF CIVIL PROCEDURE, 1908

PRACTICE PAPER–2

CHAPTER–26 : ORDER XXVI – COMMISSIONS

(Based on Haryana, Delhi, Rajasthan, Punjab, UP, Bihar & MP Judicial Services Examination Pattern)

Questions 281–290

Question–281 ★★★★★

Under Order XXVI Rule 1 CPC, a Commission for examination of witnesses may be issued when the witness:

(A) Refuses to answer questions.

(B) Is hostile.

(C) Is exempt from personal appearance or is unable to attend the Court due to sickness, infirmity or other sufficient cause. ✔

(D) Has already filed an affidavit.

Answer : (C) ✔

Provision: Order XXVI Rules 1–4 CPC.

Explanation: The Court may issue a commission where attendance of the witness cannot reasonably be secured or where the witness is exempt from personal appearance.

Asked: Haryana Judicial Service (Concept), Rajasthan Judicial Service.

Question–282 ★★★★★

Which of the following persons is generally exempt from personal appearance before the Court under the CPC?

(A) Every Government servant.

(B) Every Advocate.

(D) Persons specifically exempted under law, including those covered by Sections 132 and 133 CPC. ✔

Answer : (D) ✔

Explanation: Certain classes of persons enjoy exemption from personal appearance, and their evidence may be recorded through a Commission where appropriate.

Provision: Order XXVI Rule 1 read with Sections 132 & 133 CPC.

Question–283 ★★★★★

A Commission issued for examination of a witness residing outside India shall ordinarily be executed:

(A) By the District Collector.

(B) By the High Court alone.

(C) In accordance with the provisions of Order XXVI and the applicable law or international arrangements. ✔

(D) By the Central Government.

Answer : (C) ✔

Explanation: The CPC provides the procedure for issuing commissions abroad, subject to statutory provisions and applicable treaties or reciprocal arrangements.

Provision: Order XXVI Rules 19–22 CPC.

Question–284 ★★★★★

The principal object of a Local Investigation under Order XXVI Rule 9 CPC is to:

(A) Collect fresh pleadings.

(B) Decide disputed questions of law.

(C) Elucidate matters in dispute by obtaining factual information from the locality. ✔

(D) Frame additional issues.

Answer : (C) ✔

Explanation: Local Investigation assists the Court in understanding physical facts such as possession, encroachment, boundaries, easement and identification of property.

Asked: Delhi Judicial Service, Punjab Civil Judge.

Question–285 ★★★★★

A Commission for Local Investigation should ordinarily NOT be appointed merely to:

(A) Ascertain physical features.

(B) Measure disputed land.

(D) Collect evidence on behalf of a negligent party. ✔

Answer : (D) ✔

Explanation: A Commission cannot be used to fill up lacunae in evidence or to collect evidence for a party who has failed to prove its case.

Provision: Order XXVI Rule 9 CPC.

Case Law Principle: Local investigation cannot substitute the burden of proof.

Question–286 ★★★★★

Under Order XXVI Rule 10 CPC, the Commissioner's report:

(A) Is binding upon the Court.

(B) Automatically becomes the decree.

(C) Forms part of the record and is subject to objections and judicial scrutiny. ✔

(D) Cannot be challenged by either party.

Answer : (C) ✔

Explanation: The Court may accept, reject or partly accept the report after considering objections and examining the Commissioner, if necessary.

Provision: Order XXVI Rule 10 CPC.

Question–287 ★★★★★

The Court may direct further inquiry by the Commissioner if:

(A) The plaintiff so desires.

(B) The defendant objects without any reason.

(C) The Court finds the report incomplete, defective or insufficient for deciding the controversy. ✔

(D) The Commissioner requests additional remuneration.

Answer : (C) ✔

Explanation: The Court has ample discretion to direct further inquiry where justice so requires.

Provision: Order XXVI Rule 10 CPC.

Question–288 ★★★★★

Scientific Investigation under Order XXVI Rule 10A CPC is generally ordered where:

(A) Questions of law alone arise.

(B) Only documentary evidence is available.

(C) Expert scientific or technical assistance is necessary for proper adjudication. ✔

(D) The suit involves only admissions.

Answer : (C) ✔

Explanation: The provision enables the Court to obtain expert assistance in matters involving science, technology, engineering, medicine, handwriting, DNA analysis and similar specialised fields.

Asked: Delhi Judicial Service (Concept), MP Civil Judge.

Question–289 ★★★★★

A Commission for Partition under Order XXVI CPC may be issued after:

(A) Filing of the written statement.

(B) Framing of issues.

(C) Passing of a preliminary decree in a partition suit. ✔

(D) Institution of every civil suit.

Answer : (C) ✔

Provision: Order XXVI Rule 13 CPC.

Explanation: After passing a preliminary decree determining the shares of the parties, the Court may appoint a Commissioner to effect partition by metes and bounds.

Importance: ★★★★★

Asked: UP PCS(J), Bihar Judicial Service.

Question–290 ★★★★★

Which one of the following statements correctly describes the role of a Commissioner appointed under Order XXVI CPC?

(A) He exercises the judicial powers of the Court.

(B) He finally determines the rights of the parties.

(D) He assists the Court by performing specific duties assigned under the Commission and submits a report for the Court's consideration. ✔

Answer : (D) ✔

Explanation: A Commissioner is an extended arm of the Court. The ultimate responsibility for deciding the suit always remains with the Court.

Case Law Principle: A Commissioner's report is advisory and evidentiary; it is never a substitute for judicial adjudication.

FACTWARRIOR Quick Revision

Order XXVI – High Yield Rules

Rules 1–8 – Examination of Witnesses ⭐⭐⭐⭐⭐
Rule 9 – Local Investigation ⭐⭐⭐⭐⭐
Rule 10 – Commissioner's Report ⭐⭐⭐⭐⭐
Rule 10A – Scientific Investigation ⭐⭐⭐⭐⭐
Rules 11–12 – Ministerial Acts
Rules 13–14 – Partition ⭐⭐⭐⭐⭐
Rules 15–18 – Accounts
Rules 19–22 – Commissions to be executed outside India ⭐⭐⭐⭐

FACTWARRIOR Exam Tip

Order XXVI से प्रत्येक 2–3 वर्ष में प्रश्न पूछे जाते हैं। विशेष रूप से Rule 9 (Local Investigation), Rule 10 (Commissioner's Report), Rule 10A (Scientific Investigation) और Rule 13 (Partition) न्यायिक सेवा परीक्षाओं के अत्यंत महत्वपूर्ण विषय हैं
FACTWARRIOR®

THE CODE OF CIVIL PROCEDURE, 1908

PRACTICE PAPER–2

CHAPTER–26 : ORDER XXVI – COMMISSIONS

(Based on Haryana, Delhi, Rajasthan, Punjab, UP, Bihar, MP & Uttarakhand Judicial Service Examination Pattern)

Questions 291–300

Question–291 ★★★★★

Under Order XXVI Rule 15 CPC, a Commission for examination or adjustment of accounts may be issued when:

(A) The Court intends to record evidence.

(B) The parties have entered into a compromise.

(C) The Court considers that examination of complicated accounts is necessary for deciding the suit. ✔

(D) The decree has already been executed.

Answer : (C) ✔

Provision: Order XXVI Rule 15 CPC.

Explanation: Where complicated accounts require detailed examination, the Court may appoint a Commissioner to examine and report upon the accounts.

Importance: ★★★★★

Asked: Rajasthan Judicial Service (Concept).

Question–292 ★★★★★

The report of a Commissioner appointed for examination of accounts is:

(A) Final and conclusive.

(B) Equivalent to a decree.

(C) Subject to the scrutiny and acceptance of the Court. ✔

(D) Binding upon the parties.

Answer : (C) ✔

Explanation: The Commissioner merely assists the Court. The final determination always rests with the Court.

Provision: Order XXVI Rule 16 CPC.

Question–293 ★★★★★

A Commissioner appointed under Order XXVI derives his authority from:

(A) The Plaintiff.

(B) The Defendant.

(C) The State Government.

(D) The Court appointing him. ✔

Answer : (D) ✔

Explanation: The Commissioner functions strictly according to the terms of the Commission issued by the Court.

Question–294 ★★★★★

Which one of the following is NOT the function of a Commissioner?

(A) Conduct Local Investigation.

(B) Examine Witnesses.

(C) Examine Accounts.

(D) Decide the Suit finally. ✔

Answer : (D) ✔

Explanation: Adjudication of rights is exclusively the function of the Court.

Importance: ★★★★★

Asked: Haryana Judicial Service (Concept).

Question–295 ★★★★★

A Court appoints a Commissioner merely because one party has failed to produce sufficient evidence. Is the order proper?

(A) Yes, always.

(B) Yes, because the Commissioner may collect evidence.

(C) No. A Commission cannot be issued merely to enable a party to collect evidence or fill up lacunae. ✔

(D) Yes, if the defendant consents.

Answer : (C) ✔

Explanation: A Commission cannot be used as a substitute for the duty of a party to prove its own case.

Case Law Principle: A Commission should not be appointed to collect evidence.

Question–296 ★★★★★

The Court may examine the Commissioner in open Court regarding his report:

(A) Never.

(B) Only with the consent of both parties.

(C) Whenever the Court considers it necessary. ✔

(D) Only after passing the decree.

Answer : (C) ✔

Provision: Order XXVI Rule 10 CPC.

Explanation: The Commissioner may be examined regarding the report and the manner in which the Commission was executed.

Question–297 ★★★★★

A Commission for scientific investigation is most appropriately issued in disputes relating to:

(A) Interpretation of statutes.

(B) Territorial jurisdiction.

(C) Technical or scientific questions requiring expert examination. ✔

(D) Limitation only.

Answer : (C) ✔

Explanation: Rule 10A enables the Court to obtain expert assistance wherever scientific investigation becomes necessary.

Provision: Order XXVI Rule 10A CPC.

Question–298 ★★★★★

A Commission for Partition is generally appointed after:

(A) Institution of the suit.

(B) Framing of issues.

(C) Recording of evidence.

(D) Passing of a Preliminary Decree declaring the respective shares of the parties. ✔

Answer : (D) ✔

Provision: Order XXVI Rule 13 CPC.

Explanation: After determining the shares by a preliminary decree, the Commissioner divides the property by metes and bounds.

Asked: UP PCS (J), Bihar Judicial Service.

Question–299 ★★★★★

Which statement is legally correct?

(A) Every Commissioner's report must be accepted by the Court.

(B) The Commissioner performs judicial functions identical to those of the Judge.

(C) A Commissioner's findings cannot be challenged.

(D) The Court may accept, reject, modify or direct further inquiry regarding the Commissioner's report. ✔

Answer : (D) ✔

Explanation: The Court retains complete control over the report and evaluates it like any other piece of evidence.

Provision: Order XXVI Rule 10 CPC.

Question–300 ★★★★★

Which of the following correctly states the scope of Order XXVI CPC?

(A) It empowers the Commissioner to decide civil disputes.

(B) It replaces oral evidence before the Court.

(C) It transfers judicial powers to the Commissioner.

(D) It enables the Court to obtain assistance through Commissions in appropriate cases while retaining complete judicial control over the proceedings. ✔

Answer : (D) ✔

Explanation: Order XXVI is intended to facilitate effective adjudication by enabling the Court to obtain evidence, conduct investigations, examine accounts, partition property and perform other specified acts through a Commissioner. However, the Commissioner does not exercise judicial power, and the final decision always rests with the Court.

FACTWARRIOR Chapter Summary – Order XXVI

Most Important Rules for Judiciary

⭐⭐⭐⭐⭐ Rule 1 – Commission for Examination of Witnesses

⭐⭐⭐⭐⭐ Rule 9 – Local Investigation

⭐⭐⭐⭐⭐ Rule 10 – Commissioner's Report

⭐⭐⭐⭐⭐ Rule 10A – Scientific Investigation

⭐⭐⭐⭐⭐ Rule 13 – Commission for Partition

⭐⭐⭐⭐ Rule 15 – Commission for Accounts

⭐⭐⭐⭐ Rules 19–22 – Commissions to be Executed Outside India

Landmark Supreme Court Decisions
1. Haryana Waqf Board v. Shanti Sarup (2008) 8 SCC 671 – A Local Commissioner cannot be appointed merely to collect evidence for a party.
2. Shreepat v. Rajendra Prasad – The Commissioner's report is evidence but is not conclusive; the Court may accept, reject or modify it.
3. Padam Sen v. State of Uttar Pradesh, AIR 1961 SC 218 – A Commissioner cannot be appointed for purposes beyond the authority conferred by the CPC; inherent powers under Section 151 cannot override express statutory provisions.
FACTWARRIOR Exam Tip

Order XXVI के बाद न्यायिक सेवा परीक्षाओं में अगला अत्यंत महत्वपूर्ण अध्याय Order XXVII (Suits by or Against the Government or Public Officers in their Official Capacity) है। इससे नोटिस (Section 80 CPC), Government Pleader, Public Officer, और Urgent Relief पर नियमित रूप से प्रश्न पूछे जाते हैं। इसलिए अगले अध्याय में इन विषयों पर विशेष ध्यान दिया जाएगा
FACTWARRIOR®

THE CODE OF CIVIL PROCEDURE, 1908

PRACTICE PAPER–2

CHAPTER–27 : ORDER XXVII

SUITS BY OR AGAINST THE GOVERNMENT OR PUBLIC OFFICERS IN THEIR OFFICIAL CAPACITY

(Based on Haryana, Delhi, Rajasthan, Punjab, UP, Bihar & MP Judicial Service Examination Pattern)

Questions 301–310

Question–301 ★★★★★

Order XXVII CPC primarily deals with:

(A) Suits by or against Corporations

(B) Suits by Indigent Persons

(C) Suits by or against the Government or Public Officers in their official capacity. ✔

(D) Interpleader Suits

Answer : (C) ✔

Provision: Order XXVII CPC.

Explanation: Order XXVII prescribes the special procedure applicable where the Government or a Public Officer, acting in his official capacity, is a party to the suit.

Importance: ★★★★★

Asked: Haryana Judicial Service, Rajasthan Judicial Service.

Question–302 ★★★★★

The expression "Government" for the purpose of suits under the CPC ordinarily includes:

(A) Only the Central Government.

(B) Only the State Government.

(C) The Central Government as well as the State Government, according to the nature of the suit. ✔

(D) Every statutory authority.

Answer : (C) ✔

Explanation: Depending upon the cause of action, the suit may be instituted by or against either the Central Government or the State Government.

Provision: Sections 79 & 80 CPC read with Order XXVII.

Question–303 ★★★★★

Who ordinarily represents the Government before the Civil Court?

(A) District Magistrate.

(B) Collector.

(C) Government Pleader. ✔

(D) Advocate General only.

Answer : (C) ✔

Provision: Order XXVII Rule 2 CPC.

Explanation: The Government Pleader is the recognised representative of the Government in civil proceedings unless another officer is duly authorised.

Importance: ★★★★★

Asked: Punjab Civil Judge, UP PCS (J).

Question–304 ★★★★★

Under Order XXVII Rule 5A CPC, the Court shall ordinarily make every endeavour to:

(A) Dismiss the suit at the first hearing.

(B) Refer the matter to Arbitration.

(C) Assist the parties in arriving at a settlement wherever possible. ✔

(D) Stay the proceedings indefinitely.

Answer : (C) ✔

Provision: Order XXVII Rule 5A CPC.

Explanation: The Rule casts a duty upon the Court to encourage settlement in suits involving the Government, consistent with the objective of reducing unnecessary litigation.

Question–305 ★★★★★

Where a Public Officer is sued for an act alleged to have been done in his official capacity, the procedure prescribed under Order XXVII applies:

(A) Only after framing of issues.

(B) Only if the Government grants permission.

(C) From the institution of the suit, subject to the provisions of the CPC. ✔

(D) Only after filing of the written statement.

Answer : (C) ✔

Explanation: The special provisions become applicable from the commencement of the proceedings.

Question–306 ★★★★★

The primary object of Order XXVII CPC is to:

(A) Grant special privileges to Government servants.

(B) Delay civil proceedings.

(C) Prescribe a fair and uniform procedure for suits involving the Government or Public Officers. ✔

(D) Prevent institution of suits against the Government.

Answer : (C) ✔

Explanation: The Order aims at ensuring orderly conduct of litigation involving Government authorities while safeguarding public interest.

Question–307 ★★★★★

Which of the following statements is correct?

(A) Every suit against the Government is barred.

(B) A Public Officer can never be sued.

(C) Notice under Section 80 CPC is unnecessary in every case.

(D) A suit against the Government is maintainable subject to the provisions of Sections 79, 80 and Order XXVII CPC. ✔

Answer : (D) ✔

Explanation: Suits against the Government are maintainable provided the statutory requirements, including Section 80 CPC where applicable, are complied with.

Importance: ★★★★★

Asked: Delhi Judicial Service (Concept).

Question–308 ★★★★★

Which provision requires the Court to assist the parties in arriving at a settlement in appropriate Government suits?

(A) Order XXVII Rule 2.

(B) Order XXVII Rule 3.

(C) Order XXVII Rule 5A. ✔

(D) Order XXVII Rule 8.

Answer : (C) ✔

Explanation: Rule 5A reflects the legislative policy of encouraging amicable settlement in Government litigation.

Question–309 ★★★★★

The provisions of Order XXVII are supplementary to:

(A) Section 9 CPC only.

(B) Section 96 CPC only.

(C) Sections 79 and 80 CPC. ✔

(D) Order I CPC.

Answer : (C) ✔

Explanation: Sections 79 and 80 lay down substantive provisions relating to suits by or against the Government, whereas Order XXVII prescribes the procedural framework.

Question–310 ★★★★★

Which one of the following statements is legally correct?

(A) Order XXVII applies only to the Central Government.

(B) Order XXVII applies only after passing of the decree.

(C) Order XXVII applies only in execution proceedings.

(D) Order XXVII prescribes the special procedural rules governing civil suits by or against the Government and Public Officers acting in their official capacity. ✔

Answer : (D) ✔

Explanation: The Order ensures that litigation involving Government authorities is conducted according to the special procedural safeguards provided under the CPC.

FACTWARRIOR Quick Revision

Most Important Provisions

⭐⭐⭐⭐⭐ Section 79 CPC – Suits by or against Government

⭐⭐⭐⭐⭐ Section 80 CPC – Statutory Notice

⭐⭐⭐⭐⭐ Order XXVII Rule 2 – Government Pleader

⭐⭐⭐⭐⭐ Order XXVII Rule 5A – Duty of Court to assist settlement

Landmark Supreme Court Cases
- State of Punjab v. Geeta Iron & Brass Works Ltd., (1978) 1 SCC 68 – The object of Section 80 CPC is to provide the Government an opportunity to examine and, where appropriate, settle genuine claims before litigation.
- Bihari Chowdhary v. State of Bihar, (1984) 2 SCC 627 – Section 80 notice is mandatory except where the Code itself provides an exception, such as urgent relief under Section 80(2).
FACTWARRIOR Exam Tip

Section 80 CPC और Order XXVII को हमेशा साथ पढ़ें। न्यायिक सेवा परीक्षाओं में प्रायः प्रश्न पूछा जाता है कि Section 80 (Notice) और Order XXVII (Procedure) का परस्पर संबंध क्या है। अगले भाग (Questions 311–320) में हम Section 80 CPC, urgent relief, waiver of notice, तथा problem-based MCQs को Haryana Judicial Services के स्तर पर कवर करेंगे।
FACTWARRIOR®

THE CODE OF CIVIL PROCEDURE, 1908

PRACTICE PAPER–2

CHAPTER–27 : ORDER XXVII

SUITS BY OR AGAINST THE GOVERNMENT OR PUBLIC OFFICERS IN THEIR OFFICIAL CAPACITY

(Based on Haryana, Delhi, Rajasthan, Punjab, UP, Bihar, MP & Uttarakhand Judicial Service Examination Pattern)

Questions 311–320

Question–311 ★★★★★

Section 80 CPC requires a prior notice before instituting a suit against:

(A) Every private company

(B) Every local authority

(C) The Government or a Public Officer in respect of an act done in his official capacity. ✔

(D) Every statutory corporation.

Answer : (C) ✔

Provision: Section 80(1) CPC.

Explanation: Section 80 makes service of a two months' prior notice mandatory before instituting a suit against the Government or a Public Officer in respect of an act purporting to be done in his official capacity, except in cases covered by Section 80(2).

Importance: ★★★★★

Asked: Haryana, Delhi, Rajasthan, UP PCS(J).

Question–312 ★★★★★

The object of a notice under Section 80 CPC is to:

(A) Delay the institution of suits.

(B) Protect Government servants from liability.

(C) Afford the Government an opportunity to examine the claim and settle it without litigation, if possible. ✔

(D) Confer jurisdiction upon the Court.

Answer : (C) ✔

Explanation: The purpose of the notice is to reduce unnecessary litigation by enabling the Government to consider the claim before a suit is filed.

Case Law: State of Punjab v. Geeta Iron & Brass Works Ltd., (1978) 1 SCC 68.

Question–313 ★★★★★

The statutory period of notice under Section 80(1) CPC is:

(A) Thirty days.

(B) Forty-five days.

(C) Two months. ✔

(D) Three months.

Answer : (C) ✔

Provision: Section 80(1) CPC.

Explanation: A suit cannot ordinarily be instituted before the expiry of two months from the date of service of notice.

Question–314 ★★★★★

A suit seeking urgent or immediate relief against the Government may be instituted without serving notice under Section 80(1), provided:

(A) The plaintiff files an affidavit only.

(B) The defendant gives consent.

(C) The Court grants leave under Section 80(2) CPC. ✔

(D) The District Magistrate permits it.

Answer : (C) ✔

Provision: Section 80(2) CPC.

Explanation: The Court may permit institution of the suit without notice where urgent or immediate relief is sought.

Importance: ★★★★★

Asked: Delhi Judicial Service, Bihar Judicial Service.

Question–315 ★★★★★

If the Court is satisfied that no urgent or immediate relief is required in a suit instituted under Section 80(2), it shall:

(A) Pass a decree.

(B) Transfer the suit.

(C) Return the plaint for presentation after complying with Section 80(1). ✔

(D) Dismiss the appeal.

Answer : (C) ✔

Provision: Section 80(2) CPC.

Explanation: The Court cannot proceed further if urgency is absent. The plaintiff must first comply with the mandatory notice requirement.

Question–316 ★★★★★

Which of the following statements regarding Section 80 CPC is correct?

(A) Notice is merely directory.

(B) Notice is optional.

(C) Notice is mandatory except in cases covered by Section 80(2). ✔

(D) Notice is necessary only in money suits.

Answer : (C) ✔

Explanation: Compliance with Section 80 is a condition precedent to the institution of the suit unless leave under Section 80(2) is obtained.

Case Law: Bihari Chowdhary v. State of Bihar, (1984) 2 SCC 627.

Question–317 ★★★★★

A notice under Section 80 CPC should contain:

(A) Only the amount claimed.

(B) Only the cause title.

(C) The cause of action, the relief claimed, and the name, description and address of the plaintiff. ✔

(D) Only the legal provisions relied upon.

Answer : (C) ✔

Provision: Section 80(1) CPC.

Explanation: The notice must contain sufficient particulars to enable the Government to understand and examine the claim.

Question–318 ★★★★★

Which one of the following statements is incorrect?

(A) Section 80 CPC is intended to reduce unnecessary litigation.

(B) Urgent relief may justify institution of a suit without prior notice.

(C) Order XXVII supplements Sections 79 and 80 CPC.

(D) Every defect in a notice under Section 80 CPC automatically renders the suit void irrespective of prejudice caused. ✔

Answer : (D) ✔

Explanation: Minor technical defects which do not mislead or prejudice the Government do not necessarily invalidate the notice.

Provision: Section 80(3) CPC.

Question–319 ★★★★★

Under Section 80(3) CPC, a suit shall not be dismissed merely because of an error or defect in the notice if:

(A) The plaintiff files an application for amendment.

(B) The Government waives its defence.

(C) The notice substantially complies with the requirements of Section 80 and the Government has not been misled. ✔

(D) The Court considers the defect immaterial without examining prejudice.

Answer : (C) ✔

Explanation: The provision recognises the doctrine of substantial compliance where the object of the notice has been fulfilled.

Question–320 ★★★★★

Which one of the following correctly states the combined effect of Section 80 CPC and Order XXVII CPC?

(A) They prohibit civil suits against the Government.

(B) They provide a special limitation period.

(C) They prescribe substantive and procedural safeguards governing suits by or against the Government and Public Officers acting in their official capacity. ✔

(D) They apply only to execution proceedings.

Answer : (C) ✔

Explanation: Section 80 lays down the mandatory requirement of notice (subject to statutory exceptions), while Order XXVII prescribes the special procedure for conducting such suits.

FACTWARRIOR Quick Revision

Most Important Provisions

⭐⭐⭐⭐⭐ Section 79 – Suits by or against Government

⭐⭐⭐⭐⭐ Section 80(1) – Mandatory Two Months' Notice

⭐⭐⭐⭐⭐ Section 80(2) – Urgent or Immediate Relief

⭐⭐⭐⭐⭐ Section 80(3) – Effect of Error or Defect in Notice

⭐⭐⭐⭐⭐ Order XXVII Rule 5A – Duty of Court to Encourage Settlement

Landmark Supreme Court Decisions
1. State of Punjab v. Geeta Iron & Brass Works Ltd., (1978) 1 SCC 68 – Object of notice under Section 80 CPC.
2. Bihari Chowdhary v. State of Bihar, (1984) 2 SCC 627 – Notice under Section 80 is mandatory except where Section 80(2) applies.
3. Ghanshyam Dass v. Dominion of India, (1984) 3 SCC 46 – Minor defects in a notice do not invalidate it if there is substantial compliance and the Government is not prejudiced.
FACTWARRIOR Exam Tip

Section 80 CPC न्यायिक सेवा प्रारम्भिक परीक्षाओं का अत्यंत महत्वपूर्ण विषय है। विशेष रूप से Section 80(1), Section 80(2), Section 80(3) तथा Order XXVII Rule 5A पर आधारित समस्या-आधारित (Problem-Based) प्रश्न हरियाणा, दिल्ली, राजस्थान, उत्तर प्रदेश एवं बिहार न्यायिक सेवा परीक्षाओं में बार-बार पूछे जाते हैं।

Next Chapter (Questions 321–330): Order XXVII-A – Suits Involving a Substantial Question of Law as to the Interpretation of the Constitution of India. This is a short but important chapter for Judicial Services examinations.
FACTWARRIOR®

THE CODE OF CIVIL PROCEDURE, 1908

PRACTICE PAPER–2

CHAPTER–27 : ORDER XXVII

SUITS BY OR AGAINST THE GOVERNMENT OR PUBLIC OFFICERS IN THEIR OFFICIAL CAPACITY

(Based on Haryana, Delhi, Rajasthan, Punjab, UP, Bihar, MP & Uttarakhand Judicial Service Examination Pattern)

Questions 311–320

Question–311 ★★★★★

Section 80 CPC requires a prior notice before instituting a suit against:

(A) Every private company

(B) Every local authority

(C) The Government or a Public Officer in respect of an act done in his official capacity. ✔

(D) Every statutory corporation.

Answer : (C) ✔

Provision: Section 80(1) CPC.

Explanation: Section 80 makes service of a two months' prior notice mandatory before instituting a suit against the Government or a Public Officer in respect of an act purporting to be done in his official capacity, except in cases covered by Section 80(2).

Importance: ★★★★★

Asked: Haryana, Delhi, Rajasthan, UP PCS(J).

Question–312 ★★★★★

The object of a notice under Section 80 CPC is to:

(A) Delay the institution of suits.

(B) Protect Government servants from liability.

(C) Afford the Government an opportunity to examine the claim and settle it without litigation, if possible. ✔

(D) Confer jurisdiction upon the Court.

Answer : (C) ✔

Explanation: The purpose of the notice is to reduce unnecessary litigation by enabling the Government to consider the claim before a suit is filed.

Case Law: State of Punjab v. Geeta Iron & Brass Works Ltd., (1978) 1 SCC 68.

Question–313 ★★★★★

The statutory period of notice under Section 80(1) CPC is:

(A) Thirty days.

(B) Forty-five days.

(C) Two months. ✔

(D) Three months.

Answer : (C) ✔

Provision: Section 80(1) CPC.

Explanation: A suit cannot ordinarily be instituted before the expiry of two months from the date of service of notice.

Question–314 ★★★★★

A suit seeking urgent or immediate relief against the Government may be instituted without serving notice under Section 80(1), provided:

(A) The plaintiff files an affidavit only.

(B) The defendant gives consent.

(C) The Court grants leave under Section 80(2) CPC. ✔

(D) The District Magistrate permits it.

Answer : (C) ✔

Provision: Section 80(2) CPC.

Explanation: The Court may permit institution of the suit without notice where urgent or immediate relief is sought.

Importance: ★★★★★

Asked: Delhi Judicial Service, Bihar Judicial Service.

Question–315 ★★★★★

If the Court is satisfied that no urgent or immediate relief is required in a suit instituted under Section 80(2), it shall:

(A) Pass a decree.

(B) Transfer the suit.

(C) Return the plaint for presentation after complying with Section 80(1). ✔

(D) Dismiss the appeal.

Answer : (C) ✔

Provision: Section 80(2) CPC.

Explanation: The Court cannot proceed further if urgency is absent. The plaintiff must first comply with the mandatory notice requirement.

Question–316 ★★★★★

Which of the following statements regarding Section 80 CPC is correct?

(A) Notice is merely directory.

(B) Notice is optional.

(C) Notice is mandatory except in cases covered by Section 80(2). ✔

(D) Notice is necessary only in money suits.

Answer : (C) ✔

Explanation: Compliance with Section 80 is a condition precedent to the institution of the suit unless leave under Section 80(2) is obtained.

Case Law: Bihari Chowdhary v. State of Bihar, (1984) 2 SCC 627.

Question–317 ★★★★★

A notice under Section 80 CPC should contain:

(A) Only the amount claimed.

(B) Only the cause title.

(C) The cause of action, the relief claimed, and the name, description and address of the plaintiff. ✔

(D) Only the legal provisions relied upon.

Answer : (C) ✔

Provision: Section 80(1) CPC.

Explanation: The notice must contain sufficient particulars to enable the Government to understand and examine the claim.

Question–318 ★★★★★

Which one of the following statements is incorrect?

(A) Section 80 CPC is intended to reduce unnecessary litigation.

(B) Urgent relief may justify institution of a suit without prior notice.

(C) Order XXVII supplements Sections 79 and 80 CPC.

(D) Every defect in a notice under Section 80 CPC automatically renders the suit void irrespective of prejudice caused. ✔

Answer : (D) ✔

Explanation: Minor technical defects which do not mislead or prejudice the Government do not necessarily invalidate the notice.

Provision: Section 80(3) CPC.

Question–319 ★★★★★

Under Section 80(3) CPC, a suit shall not be dismissed merely because of an error or defect in the notice if:

(A) The plaintiff files an application for amendment.

(B) The Government waives its defence.

(C) The notice substantially complies with the requirements of Section 80 and the Government has not been misled. ✔

(D) The Court considers the defect immaterial without examining prejudice.

Answer : (C) ✔

Explanation: The provision recognises the doctrine of substantial compliance where the object of the notice has been fulfilled.

Question–320 ★★★★★

Which one of the following correctly states the combined effect of Section 80 CPC and Order XXVII CPC?

(A) They prohibit civil suits against the Government.

(B) They provide a special limitation period.

(C) They prescribe substantive and procedural safeguards governing suits by or against the Government and Public Officers acting in their official capacity. ✔

(D) They apply only to execution proceedings.

Answer : (C) ✔

Explanation: Section 80 lays down the mandatory requirement of notice (subject to statutory exceptions), while Order XXVII prescribes the special procedure for conducting such suits.

FACTWARRIOR Quick Revision

Most Important Provisions

⭐⭐⭐⭐⭐ Section 79 – Suits by or against Government

⭐⭐⭐⭐⭐ Section 80(1) – Mandatory Two Months' Notice

⭐⭐⭐⭐⭐ Section 80(2) – Urgent or Immediate Relief

⭐⭐⭐⭐⭐ Section 80(3) – Effect of Error or Defect in Notice

⭐⭐⭐⭐⭐ Order XXVII Rule 5A – Duty of Court to Encourage Settlement

Landmark Supreme Court Decisions

State of Punjab v. Geeta Iron & Brass Works Ltd., (1978) 1 SCC 68 – Object of notice under Section 80 CPC.

Bihari Chowdhary v. State of Bihar, (1984) 2 SCC 627 – Notice under Section 80 is mandatory except where Section 80(2) applies.

Ghanshyam Dass v. Dominion of India, (1984) 3 SCC 46 – Minor defects in a notice do not invalidate it if there is substantial compliance and the Government is not prejudiced.

FACTWARRIOR Exam Tip

Section 80 CPC न्यायिक सेवा प्रारम्भिक परीक्षाओं का अत्यंत महत्वपूर्ण विषय है। विशेष रूप से Section 80(1), Section 80(2), Section 80(3) तथा Order XXVII Rule 5A पर आधारित समस्या-आधारित (Problem-Based) प्रश्न हरियाणा, दिल्ली, राजस्थान, उत्तर प्रदेश एवं बिहार न्यायिक सेवा परीक्षाओं में बार-बार पूछे जाते हैं।

Next Chapter (Questions 321–330): Order XXVII-A – Suits Involving a Substantial Question of Law as to the Interpretation of the Constitution of India. This is a short but important chapter for Judicial Services examinations.
next
FACTWARRIOR®

THE CODE OF CIVIL PROCEDURE, 1908

PRACTICE PAPER–2

CHAPTER–28 : ORDER XXVII-A

SUITS INVOLVING A SUBSTANTIAL QUESTION OF LAW AS TO THE INTERPRETATION OF THE CONSTITUTION OF INDIA

(Based on Haryana, Delhi, Rajasthan, Punjab, UP, Bihar, MP & Uttarakhand Judicial Service Examination Pattern)

Questions 321–330

Question–321 ★★★★★

Order XXVII-A CPC applies to suits involving:

(A) Questions of fact only.

(B) Questions relating to limitation.

(C) A substantial question of law as to the interpretation of the Constitution of India. ✔

(D) Questions relating to valuation of suits.

Answer : (C) ✔

Provision: Order XXVII-A Rule 1 CPC.

Explanation: Order XXVII-A prescribes the procedure to be followed where a suit involves a substantial question of law regarding the interpretation of the Constitution.

Importance: ★★★★★

Asked: Delhi Judicial Service, Rajasthan Judicial Service (Concept).

Question–322 ★★★★★

The principal object of Order XXVII-A CPC is to:

(A) Delay the proceedings.

(B) Protect private parties.

(C) Ensure that the Government is given an opportunity to participate where constitutional interpretation is involved. ✔

(D) Confer jurisdiction on the High Court.

Answer : (C) ✔

Explanation: Since interpretation of the Constitution may affect governmental interests, the Code provides for notice to the appropriate Government.

Provision: Order XXVII-A Rule 1 CPC.

Question–323 ★★★★★

Where a suit involves a substantial question of law regarding the interpretation of the Constitution and neither the Union of India nor the State Government is a party, the Court shall:

(A) Dismiss the suit.

(B) Stay the proceedings permanently.

(C) Issue notice to the Attorney General of India or the Advocate General of the State, as the case may be. ✔

(D) Refer the matter directly to the Supreme Court.

Answer : (C) ✔

Provision: Order XXVII-A Rule 1A CPC.

Explanation: The appropriate constitutional law officer is given notice so that the Government may, if necessary, participate in the proceedings.

Question–324 ★★★★★

The Attorney General of India may be notified under Order XXVII-A when the suit involves:

(A) A question of fact.

(B) A question regarding local customs.

(C) A substantial question relating to the interpretation of the Constitution affecting the Union of India. ✔

(D) A dispute relating to immovable property.

Answer : (C) ✔

Explanation: The Attorney General represents the interests of the Union where constitutional interpretation is involved.

Question–325 ★★★★★

After receiving notice under Order XXVII-A CPC, the Government may:

(A) Pass a decree.

(B) Decide the constitutional issue.

(C) Appear before the Court and participate in the proceedings. ✔

(D) Transfer the suit.

Answer : (C) ✔

Provision: Order XXVII-A Rule 2 CPC.

Explanation: The Government may appear and address arguments on the constitutional question involved.

Question–326 ★★★★★

Which one of the following statements is correct?

(A) Every constitutional question attracts Order XXVII-A.

(B) Every question of law attracts Order XXVII-A.

(C) Only a substantial question of law relating to the interpretation of the Constitution attracts Order XXVII-A. ✔

(D) Every civil suit is governed by Order XXVII-A.

Answer : (C) ✔

Explanation: The question must be both substantial and related to constitutional interpretation.

Question–327 ★★★★★

Order XXVII-A CPC is procedural in nature because it:

(A) Determines Fundamental Rights.

(B) Decides constitutional validity.

(C) Prescribes the procedure to be followed where constitutional interpretation arises in civil suits. ✔

(D) Confers legislative powers.

Answer : (C) ✔

Explanation: The Order does not determine constitutional validity but regulates the procedure for such cases.

Question–328 ★★★★★

Which authority ordinarily represents the State Government in proceedings under Order XXVII-A?

(A) District Magistrate.

(B) Public Prosecutor.

(C) Advocate General of the State. ✔

(D) Registrar General.

Answer : (C) ✔

Explanation: The Advocate General is the constitutional law officer of the State and may appear when notice is issued.

Question–329 ★★★★★

Which of the following statements is incorrect?

(A) Order XXVII-A is applicable only in civil proceedings.

(B) The Government may participate after receiving notice.

(C) The object is to safeguard public interest in constitutional interpretation.

(D) Every suit against the Government automatically falls under Order XXVII-A. ✔

Answer : (D) ✔

Explanation: Order XXVII-A applies only where a substantial constitutional question arises, not merely because the Government is a party.

Question–330 ★★★★★

The combined object of Order XXVII and Order XXVII-A CPC is to:

(A) Restrict civil litigation against the Government.

(B) Confer appellate jurisdiction.

(C) Provide special procedural safeguards where the Government or constitutional issues are involved in civil litigation. ✔

(D) Regulate execution proceedings.

Answer : (C) ✔

Explanation: While Order XXVII governs suits by or against the Government and Public Officers, Order XXVII-A ensures that constitutional questions arising in civil suits receive appropriate governmental participation.

FACTWARRIOR Quick Revision

Most Important Rules

⭐⭐⭐⭐⭐ Rule 1 – Cases involving a substantial question of constitutional interpretation.

⭐⭐⭐⭐⭐ Rule 1A – Notice to the Attorney General/Advocate General.

⭐⭐⭐⭐⭐ Rule 2 – Right of Government to appear and participate.

Landmark Cases

Kesavananda Bharati v. State of Kerala, (1973) 4 SCC 225 – Basic Structure Doctrine; interpretation of the Constitution.

Minerva Mills Ltd. v. Union of India, (1980) 3 SCC 625 – Harmony between Fundamental Rights and Directive Principles.

I.R. Coelho v. State of Tamil Nadu, (2007) 2 SCC 1 – Judicial review and the Ninth Schedule.

Explanation: Although these landmark decisions are not directly decided under Order XXVII-A CPC, they are among the most important cases on constitutional interpretation, the very subject to which Order XXVII-A applies.

FACTWARRIOR Exam Tip

Order XXVII-A is a short chapter, but it is a favourite source of one conceptual MCQ in judicial service examinations. Examiners often test:

the meaning of a "substantial question of law",

the distinction between Order XXVII and Order XXVII-A,

the role of the Attorney General and Advocate General, and

the procedural requirement of notice before constitutional questions are decided.

Next Chapter (Questions 331–340): Order XXVIII – Suits by or Against Military Personnel, Naval Personnel and Airmen, followed by Order XXIX (Suits by or Against Corporations), which is one of the most frequently tested chapters in Judicial Service examinations.
FACTWARRIOR®

THE CODE OF CIVIL PROCEDURE, 1908

PRACTICE PAPER–2

CHAPTER–29 : ORDER XXVIII

SUITS BY OR AGAINST MILITARY, NAVAL AND AIR FORCE PERSONNEL

(Based on Haryana, Delhi, Rajasthan, Punjab, UP, Bihar, MP & Uttarakhand Judicial Service Examination Pattern)

Questions 331–340

Question–331 ★★★★☆

Order XXVIII CPC deals with suits by or against:

(A) Government Companies

(B) Corporations

(C) Military, Naval and Air Force Personnel. ✔

(D) Foreign Governments

Answer : (C) ✔

Provision: Order XXVIII CPC.

Explanation: Order XXVIII prescribes the special procedure applicable where members of the Armed Forces are parties to civil suits and are unable to appear personally due to their official duties.

Importance: ★★★★☆

Question–332 ★★★★★

The principal object of Order XXVIII CPC is to:

(A) Grant immunity from civil suits.

(B) Exempt Armed Forces personnel from Court proceedings.

(C) Facilitate participation in civil proceedings without adversely affecting military duties. ✔

(D) Transfer all such suits to Military Courts.

Answer : (C) ✔

Explanation: The Order balances the administration of justice with the exigencies of military service.

Question–333 ★★★★★

A person serving in the Armed Forces who is unable to appear personally before the Civil Court may:

(A) Ignore the summons.

(B) Seek dismissal of the suit.

(C) Appear through an authorised representative in accordance with Order XXVIII CPC. ✔

(D) File an appeal directly.

Answer : (C) ✔

Provision: Order XXVIII Rules 1 & 2 CPC.

Explanation: The Code permits representation through a duly authorised person where personal appearance is impracticable.

Question–334 ★★★★★

The expression "Armed Forces" for the purpose of Order XXVIII includes:

(A) Army only.

(B) Army and Navy only.

(C) Army and Air Force only.

(D) Army, Navy and Air Force. ✔

Answer : (D) ✔

Explanation: Order XXVIII applies to members of all the three wings of the Armed Forces of the Union.

Question–335 ★★★★☆

An authorised representative appointed under Order XXVIII CPC acts:

(A) Independently of the party.

(B) As a judicial officer.

(C) On behalf of the military personnel in the civil proceedings. ✔

(D) As an Arbitrator.

Answer : (C) ✔

Explanation: The representative performs procedural acts for and on behalf of the party represented.

Question–336 ★★★★★

The provisions of Order XXVIII CPC are intended primarily to:

(A) Delay the proceedings.

(B) Confer special substantive rights.

(C) Provide procedural convenience while safeguarding the interests of justice. ✔

(D) Restrict jurisdiction of Civil Courts.

Answer : (C) ✔

Explanation: Order XXVIII is procedural in nature and does not create any substantive rights.

Question–337 ★★★★★

Which of the following statements is correct?

(A) Members of the Armed Forces cannot be sued in Civil Courts.

(B) Civil suits automatically remain stayed during military service.

(C) Members of the Armed Forces remain subject to Civil Court jurisdiction, subject to the special procedure under Order XXVIII CPC. ✔

(D) Civil Courts have no jurisdiction over serving military officers.

Answer : (C) ✔

Explanation: Order XXVIII regulates the manner of participation in civil proceedings; it does not oust the jurisdiction of Civil Courts.

Question–338 ★★★★★

Order XXVIII CPC primarily modifies:

(A) The substantive rights of parties.

(B) The law relating to evidence.

(C) The procedural manner in which Armed Forces personnel participate in civil litigation. ✔

(D) The law of limitation.

Answer : (C) ✔

Explanation: The Order is procedural and aims at ensuring effective representation despite official duties.

Question–339 ★★★★☆

Which one of the following is incorrect?

(A) Order XXVIII is a procedural provision.

(B) It applies to members of the Armed Forces.

(C) Representation through an authorised person is permissible.

(D) Civil jurisdiction over Armed Forces personnel is completely barred. ✔

Answer : (D) ✔

Explanation: Civil Courts continue to exercise jurisdiction in appropriate cases. Order XXVIII merely provides a special procedure.

Question–340 ★★★★★

The primary purpose of Order XXVIII CPC is best described as:

(A) Granting immunity to military personnel.

(B) Creating a separate system of Civil Courts.

(C) Restricting the institution of civil suits.

(D) Ensuring that military duties do not unnecessarily hinder participation in civil proceedings while preserving the administration of justice. ✔

Answer : (D) ✔

Explanation: The legislature recognised the practical difficulties faced by serving members of the Armed Forces and provided a special procedural mechanism without affecting their civil liabilities.

FACTWARRIOR Quick Revision

Most Important Points

⭐⭐⭐⭐⭐ Order XXVIII is purely procedural.

⭐⭐⭐⭐⭐ It applies to Army, Navy and Air Force personnel.

⭐⭐⭐⭐⭐ It permits representation through an authorised person.

⭐⭐⭐⭐ It does not confer immunity from civil suits.

⭐⭐⭐⭐ It does not exclude the jurisdiction of Civil Courts.

Judicial Examination Trend

Although Order XXVIII is a comparatively short chapter, it has been asked in:

Haryana Judicial Service (Conceptual)

Rajasthan Judicial Service

Madhya Pradesh Civil Judge

Uttar Pradesh PCS (J)

Delhi Judicial Service (Occasionally)

The questions are generally direct and provision-based.

Coming Next

Chapter–30 : Order XXIX – Suits by or Against Corporations (Questions 341–360)

This is a highly important chapter for Judicial Service Examinations. It has been repeatedly tested in Haryana, Delhi, Rajasthan, Punjab, Uttar Pradesh, Bihar, Madhya Pradesh, Chhattisgarh and Uttarakhand Judicial Services. It covers:

Meaning of Corporation

Institution of Suits by Corporations

Signing and Verification of Pleadings

Service of Summons on Corporations

Principal Officer

Company Litigation

Statutory Corporations

Leading Supreme Court Judgments

Previous Year Judicial Service Questions

This chapter should be studied very carefully as it carries a high probability of questions in judicial service examinations.
FACTWARRIOR®

THE CODE OF CIVIL PROCEDURE, 1908

PRACTICE PAPER–2

CHAPTER–30 : ORDER XXIX

SUITS BY OR AGAINST CORPORATIONS

(Based on Haryana, Delhi, Rajasthan, Punjab, Uttar Pradesh, Bihar, Madhya Pradesh & Uttarakhand Judicial Service Examination Pattern)

Questions 341–350

Question–341 ★★★★★

Order XXIX CPC deals with:

(A) Suits by or against Firms

(B) Suits by or against Trustees

(C) Suits by or against Corporations. ✔

(D) Suits by or against Minors.

Answer : (C) ✔

Provision: Order XXIX CPC.

Explanation: Order XXIX prescribes the procedure governing suits instituted by or against corporations, including companies incorporated under the Companies Act and statutory corporations.

Importance: ★★★★★

Asked: Haryana Judicial Service, Rajasthan Judicial Service.

Question–342 ★★★★★

Order XXIX Rule 1 CPC provides for:

(A) Service of summons.

(B) Subscription and verification of pleadings on behalf of a Corporation. ✔

(C) Execution of decrees.

(D) Appearance by Government Pleader.

Answer : (B) ✔

Provision: Order XXIX Rule 1 CPC.

Explanation: In suits by or against a corporation, the plaint or written statement may be signed and verified on behalf of the corporation by its Secretary, Director or any Principal Officer who is able to depose to the facts of the case.

Importance: ★★★★★

Asked: Delhi Judicial Service, UP PCS (J).

Question–343 ★★★★★

Under Order XXIX Rule 1 CPC, pleadings may ordinarily be signed and verified by:

(A) Any employee of the company.

(B) Only the Managing Director.

(C) The Secretary, Director or any Principal Officer who is able to depose to the facts of the case. ✔

(D) Only the Company Secretary.

Answer : (C) ✔

Explanation: The Rule does not restrict signing only to the Managing Director. Any Principal Officer having knowledge of the facts may sign and verify the pleadings.

Question–344 ★★★★★

The object of Order XXIX Rule 1 CPC is to:

(A) Dispense with pleadings.

(B) Restrict institution of suits by companies.

(C) Facilitate representation of juristic persons in civil proceedings. ✔

(D) Confer immunity upon corporations.

Answer : (C) ✔

Explanation: Since a corporation is an artificial legal person, it acts through natural persons authorised by law.

Question–345 ★★★★★

Service of summons upon a Corporation under Order XXIX Rule 2 CPC may be effected by serving:

(A) Any shareholder.

(B) Any customer.

(C) The Secretary, Director, Principal Officer or in the manner prescribed under the Rule. ✔

(D) Any employee found in the office.

Answer : (C) ✔

Provision: Order XXIX Rule 2 CPC.

Explanation: Proper service must be effected upon the officers recognised under the Rule or in the prescribed statutory manner.

Importance: ★★★★★

Question–346 ★★★★★

A Corporation, for the purposes of the CPC, is regarded as:

(A) A natural person.

(B) A Government Department.

(C) An artificial or juristic person recognised by law. ✔

(D) A partnership firm.

Answer : (C) ✔

Explanation: A corporation has a separate legal personality distinct from its shareholders or members.

Case Law: Salomon v. Salomon & Co. Ltd., [1897] AC 22 (HL).

Question–347 ★★★★★

Which one of the following statements is correct?

(A) A Corporation cannot institute a civil suit.

(B) A Corporation can sue only through its Managing Director.

(C) A Corporation may sue or be sued through persons authorised under Order XXIX CPC. ✔

(D) A Corporation must personally appear before the Court.

Answer : (C) ✔

Explanation: Being a juristic person, a corporation acts through authorised officers.

Question–348 ★★★★★

The expression "Principal Officer" in Order XXIX CPC generally refers to:

(A) Every employee of the company.

(B) Only the Chairman.

(C) An officer who is in control of the affairs of the Corporation and is capable of giving evidence regarding the facts of the case. ✔

(D) Only the Legal Advisor.

Answer : (C) ✔

Explanation: Whether a person is a Principal Officer depends upon the nature of his duties and authority within the Corporation.

Question–349 ★★★★★

Which Rule of Order XXIX CPC deals with service of summons on a Corporation?

(A) Rule 1.

(B) Rule 2. ✔

(C) Rule 3.

(D) Rule 10.

Answer : (B) ✔

Provision: Order XXIX Rule 2 CPC.

Question–350 ★★★★★

A plaint signed and verified by the authorised Principal Officer of a Corporation is:

(A) Void.

(B) Irregular and incapable of being cured.

(C) Valid, provided the requirements of Order XXIX Rule 1 CPC are satisfied. ✔

(D) Valid only after approval by the Court.

Answer : (C) ✔

Explanation: Order XXIX Rule 1 expressly authorises the Secretary, Director or any Principal Officer having knowledge of the facts to sign and verify pleadings on behalf of the Corporation.

Case Law: United Bank of India v. Naresh Kumar, (1996) 6 SCC 660.

Importance: ★★★★★

FACTWARRIOR Quick Revision

Most Important Rules

⭐⭐⭐⭐⭐ Rule 1 – Subscription and Verification of Pleadings.

⭐⭐⭐⭐⭐ Rule 2 – Service of Summons on Corporation.

Landmark Supreme Court Cases

United Bank of India v. Naresh Kumar, (1996) 6 SCC 660 – Technical defects regarding authorization of officers should not defeat substantial justice where authority can be established.

Salomon v. Salomon & Co. Ltd., [1897] AC 22 (House of Lords) – Established the doctrine of separate legal personality, a foundational principle for corporate litigation.

FACTWARRIOR Exam Tip

Order XXIX is one of the most frequently asked chapters in Judicial Service Preliminary Examinations. Questions are commonly framed on:

Rule 1 – Signing and verification of pleadings.

Rule 2 – Service of summons.

Meaning of Principal Officer.

Separate legal personality of a corporation.

Authorization to institute suits.

Leading case United Bank of India v. Naresh Kumar.

Next: Questions 351–360 (Advanced & Problem-Based MCQs on Order XXIX) covering authorization by Board Resolution, maintainability of suits, service of summons, principal officer, company litigation, and previous year judicial examination concepts.
FACTWARRIOR®

THE CODE OF CIVIL PROCEDURE, 1908

PRACTICE PAPER–2

CHAPTER–30 : ORDER XXIX

SUITS BY OR AGAINST CORPORATIONS

(Based on Haryana, Delhi, Rajasthan, Punjab, Uttar Pradesh, Bihar, Madhya Pradesh, Chhattisgarh & Uttarakhand Judicial Service Examination Pattern)

Questions 351–360

Question–351 ★★★★★

A suit instituted on behalf of a company by a duly authorised officer is:

(A) Void ab initio.

(B) Not maintainable.

(C) Maintainable, provided the officer is authorised expressly or such authority can be inferred from his office and subsequent ratification, if any. ✔

(D) Valid only after permission of the Court.

Answer : (C) ✔

Provision: Order XXIX Rule 1 CPC.

Explanation: A company acts through its officers. Even where formal authorisation is initially absent, subsequent ratification may validate the institution of the suit.

Case Law: United Bank of India v. Naresh Kumar, (1996) 6 SCC 660.

Importance: ★★★★★

Asked: Delhi Judicial Service, Haryana Judicial Service (Concept).

Question–352 ★★★★★

Which of the following is the most appropriate mode of authorising an officer to institute a suit on behalf of a company?

(A) Oral instructions by any employee.

(B) Resolution passed by the shareholders only.

(C) Board Resolution or authority conferred under the Articles of Association or by a competent officer. ✔

(D) Consent of the opposite party.

Answer : (C) ✔

Explanation: Authority generally flows from the Board of Directors, the Articles of Association or a valid delegation of powers.

Question–353 ★★★★★

A defect in the authorisation of the officer instituting the suit:

(A) Always renders the suit void.

(B) Cannot be cured.

(C) Is generally a curable procedural defect and may be ratified by the Corporation. ✔

(D) Automatically results in dismissal of the plaint.

Answer : (C) ✔

Explanation: Courts lean in favour of deciding cases on merits rather than dismissing them on technical defects capable of being cured.

Case Law: United Bank of India v. Naresh Kumar, (1996) 6 SCC 660.

Question–354 ★★★★★

Service of summons upon a Corporation is valid if served on:

(A) Any security guard.

(B) Any shareholder.

(C) Any casual employee.

(D) The Secretary, Director, Principal Officer or in any other manner prescribed under Order XXIX Rule 2 CPC. ✔

Answer : (D) ✔

Provision: Order XXIX Rule 2 CPC.

Explanation: Service must be effected upon a person recognised by law or by any other legally prescribed mode.

Question–355 ★★★★★

A Company incorporated under the Companies Act is:

(A) Not capable of suing.

(B) Not capable of being sued.

(C) A juristic person capable of suing and being sued in its own name. ✔

(D) Represented only by its shareholders.

Answer : (C) ✔

Explanation: Incorporation creates a distinct legal entity separate from its members.

Case Law: Salomon v. Salomon & Co. Ltd., [1897] AC 22.

Question–356 ★★★★★

Which one of the following statements is incorrect?

(A) A Corporation has a separate legal personality.

(B) A Corporation acts through natural persons.

(C) Pleadings may be signed by an authorised Principal Officer.

(D) Every Director has an inherent right to institute litigation without any authority whatsoever. ✔

Answer : (D) ✔

Explanation: A Director must have authority under law, the Articles of Association, Board Resolution or valid delegation unless such authority can otherwise be inferred.

Question–357 ★★★★★

The object of Order XXIX Rule 1 CPC is to ensure:

(A) That every shareholder signs the plaint.

(B) Personal appearance of every Director.

(C) Proper representation of a juristic person before the Civil Court. ✔

(D) That every pleading is verified before a Magistrate.

Answer : (C) ✔

Explanation: Since a corporation cannot act physically, the Rule provides the machinery through which it acts in legal proceedings.

Question–358 ★★★★★

Which of the following statements correctly distinguishes a Corporation from a Partnership Firm?

(A) Both have identical legal personality.

(B) Both are governed exclusively by Order XXX CPC.

(C) A Corporation is a separate juristic person, whereas a partnership firm generally has no separate legal personality independent of its partners. ✔

(D) Neither can sue in its own name.

Answer : (C) ✔

Explanation: A company has an independent legal existence, whereas a partnership firm is governed by different principles and Order XXX CPC.

Importance: ★★★★★

Asked: Rajasthan Judicial Service (Concept).

Question–359 ★★★★★

A suit filed by a Corporation shall ordinarily fail merely because the Board Resolution was not initially filed with the plaint:

(A) Always.

(B) Yes, because filing of the resolution is mandatory.

(C) No. Such a defect is ordinarily curable if authority is subsequently proved or ratified. ✔

(D) Only with the consent of the defendant.

Answer : (C) ✔

Explanation: Courts favour substantial justice over technical objections relating to procedural authorisation.

Case Law: United Bank of India v. Naresh Kumar, (1996) 6 SCC 660.

Question–360 ★★★★★

Which one of the following best summarises Order XXIX CPC?

(A) It creates substantive rights in favour of Corporations.

(B) It governs winding-up proceedings.

(C) It regulates incorporation of companies.

(D) It prescribes the procedural framework for institution, representation and service of process in suits by or against Corporations. ✔

Answer : (D) ✔

Explanation: Order XXIX is a procedural provision intended to facilitate litigation involving juristic persons by prescribing who may represent them and how process may be served.

FACTWARRIOR Quick Revision

Most Important Rules

⭐⭐⭐⭐⭐ Rule 1 – Signing and Verification of Pleadings.

⭐⭐⭐⭐⭐ Rule 2 – Service of Summons on Corporations.

Most Important Judicial Decisions

1. United Bank of India v. Naresh Kumar, (1996) 6 SCC 660 ⭐⭐⭐⭐⭐

Principle: Defects relating to authorisation of the officer instituting the suit are generally procedural and curable. Courts should avoid dismissing suits on technical grounds where authority can subsequently be established.

2. Salomon v. Salomon & Co. Ltd., [1897] AC 22 (House of Lords) ⭐⭐⭐⭐⭐

Principle: A company is a separate legal entity distinct from its shareholders, directors and members.

3. Tata Engineering & Locomotive Co. Ltd. v. State Bank of India (Judicial Principle)

Principle: A company can act only through its authorised officers, and such authority must be traceable to law, its constitutional documents or a valid delegation.

FACTWARRIOR Exam Tip

Order XXIX is among the highest-scoring chapters for Judicial Service Preliminary Examinations. Examiners frequently ask:

Authority to institute suits.

Board Resolution and ratification.

Principal Officer.

Service of summons.

Separate legal personality.

Difference between Company and Partnership Firm.

Application of United Bank of India v. Naresh Kumar.

Next Chapter (Questions 361–370): ORDER XXX – SUITS BY OR AGAINST FIRMS AND PERSONS CARRYING ON BUSINESS IN NAMES OTHER THAN THEIR OWN

This is another very important chapter, from which Haryana, Delhi, Rajasthan, Uttar Pradesh, Bihar, Punjab and Madhya Pradesh Judicial Services have repeatedly asked conceptual and problem-based MCQs. It covers partnership firms, partners, dissolution, service of summons, and representative suits by firms.
FACTWARRIOR®

THE CODE OF CIVIL PROCEDURE, 1908

PRACTICE PAPER–2

CHAPTER–31 : ORDER XXX

SUITS BY OR AGAINST FIRMS AND PERSONS CARRYING ON BUSINESS IN NAMES OTHER THAN THEIR OWN

(Based on Haryana, Delhi, Rajasthan, Punjab, Uttar Pradesh, Bihar, Madhya Pradesh, Chhattisgarh & Uttarakhand Judicial Service Examination Pattern)

Questions 361–370

Question–361 ★★★★★

Order XXX CPC deals with:

(A) Suits by or against Corporations.

(B) Representative Suits.

(C) Suits by or against Firms and persons carrying on business in names other than their own. ✔

(D) Interpleader Suits.

Answer : (C) ✔

Provision: Order XXX CPC.

Explanation: Order XXX provides a special procedural mechanism enabling partnership firms to sue or be sued in the firm name without impleading every partner individually.

Importance: ★★★★★

Asked: Haryana Judicial Service, Rajasthan Judicial Service.

Question–362 ★★★★★

The principal object of Order XXX CPC is to:

(A) Create a separate legal entity for partnership firms.

(B) Confer corporate status upon firms.

(C) Facilitate institution and defence of suits by or against partnership firms in the firm name. ✔

(D) Exempt partners from personal liability.

Answer : (C) ✔

Explanation: A partnership firm is not a separate juristic person. Order XXX merely provides a convenient procedural method of litigation.

Question–363 ★★★★★

A partnership firm under the Indian Partnership Act, 1932 is:

(A) A Corporation.

(B) A body corporate.

(C) Not a separate juristic person distinct from its partners. ✔

(D) A constitutional authority.

Answer : (C) ✔

Explanation: Unlike a company, a partnership firm has no independent legal personality. Order XXX merely allows suits in the firm's name for procedural convenience.

Case Law: Dulichand Laxminarayan v. CIT, AIR 1956 SC 354.

Question–364 ★★★★★

Under Order XXX Rule 1 CPC, partners carrying on business may sue or be sued:

(A) Only in their individual names.

(B) Only after dissolution of the firm.

(C) In the name of the firm of which they were partners at the time the cause of action accrued. ✔

(D) Only with the permission of the Court.

Answer : (C) ✔

Provision: Order XXX Rule 1 CPC.

Importance: ★★★★★

Asked: Delhi Judicial Service, UP PCS (J).

Question–365 ★★★★★

The institution of a suit in the firm's name under Order XXX CPC:

(A) Makes the firm a body corporate.

(B) Converts the firm into a company.

(C) Is only a procedural convenience and does not alter the legal status of the firm. ✔

(D) Gives limited liability to partners.

Answer : (C) ✔

Explanation: Order XXX is procedural and does not change the substantive law of partnership.

Question–366 ★★★★★

Which Rule of Order XXX CPC enables partners to sue in the name of the firm?

(A) Rule 2.

(B) Rule 1. ✔

(C) Rule 5.

(D) Rule 10.

Answer : (B) ✔

Provision: Order XXX Rule 1 CPC.

Question–367 ★★★★★

A defendant sued in the name of a partnership firm may require disclosure of the names and addresses of all the partners under:

(A) Order I Rule 10.

(B) Order VI Rule 17.

(C) Order XXX Rule 2 CPC. ✔

(D) Order VII Rule 11.

Answer : (C) ✔

Provision: Order XXX Rule 2 CPC.

Explanation: The defendant has a statutory right to demand the names and addresses of the partners constituting the firm.

Importance: ★★★★★

Question–368 ★★★★★

If the plaintiff fails to furnish the names of the partners after a demand under Order XXX Rule 2 CPC, the Court may:

(A) Pass an ex parte decree immediately.

(B) Dismiss the written statement.

(C) Stay the proceedings until compliance with the Rule. ✔

(D) Reject the plaint automatically.

Answer : (C) ✔

Provision: Order XXX Rule 2 CPC.

Explanation: The Rule empowers the Court to stay proceedings until the plaintiff furnishes the required particulars.

Question–369 ★★★★★

Which one of the following statements is correct?

(A) Every partner must personally sign every pleading.

(B) A partnership firm has a legal personality identical to a company.

(C) A decree passed against a firm may, in appropriate circumstances, be executed against the partners in accordance with Order XXX CPC. ✔

(D) A decree against the firm is unenforceable against any partner.

Answer : (C) ✔

Explanation: Order XXX contains provisions regulating execution against partners subject to the conditions prescribed therein.

Question–370 ★★★★★

Which one of the following best describes Order XXX CPC?

(A) It creates substantive rights under the Partnership Act.

(B) It incorporates partnership firms.

(C) It grants limited liability to partners.

(D) It prescribes a special procedural mechanism for litigation by or against firms without altering the substantive law of partnership. ✔

Answer : (D) ✔

Explanation: Order XXX simplifies civil litigation involving firms while preserving the principles contained in the Indian Partnership Act, 1932.

FACTWARRIOR Quick Revision

Most Important Rules

⭐⭐⭐⭐⭐ Rule 1 – Suits by or against Firms.

⭐⭐⭐⭐⭐ Rule 2 – Disclosure of Names of Partners.

⭐⭐⭐⭐ Rules 3–8 – Appearance, Service and Proceedings.

⭐⭐⭐⭐⭐ Rules 9–10 – Execution of Decree and Persons Carrying on Business in Names Other Than Their Own.

Landmark Supreme Court Decisions

1. Dulichand Laxminarayan v. Commissioner of Income Tax, AIR 1956 SC 354 ⭐⭐⭐⭐⭐

Principle: A partnership firm is not a separate legal entity distinct from its partners.

2. Purushottam Umedbhai & Co. v. Manilal & Sons, (1961) SCR 982 ⭐⭐⭐⭐⭐

Principle: Order XXX is a procedural provision intended to facilitate litigation in the firm's name and does not alter the substantive rights and liabilities of partners.

FACTWARRIOR Exam Tip

Order XXX is one of the most frequently tested Orders in Judicial Service examinations. Particular emphasis should be placed on:

Difference between a Company (Order XXIX) and a Partnership Firm (Order XXX).

Rule 1 – Suit in the firm's name.

Rule 2 – Disclosure of names of partners.

Execution of decrees against partners.

The principle that a partnership firm is not a separate juristic person.

Next: Questions 371–380 (Advanced & Problem-Based MCQs on Order XXX) covering minor admitted to the benefits of partnership, retirement and death of partners, execution against partners, unregistered firms, and previous year judicial service questions.
FACTWARRIOR®

THE CODE OF CIVIL PROCEDURE, 1908

PRACTICE PAPER–2

CHAPTER–31 : ORDER XXX

SUITS BY OR AGAINST FIRMS AND PERSONS CARRYING ON BUSINESS IN NAMES OTHER THAN THEIR OWN

(Advanced & Problem-Based MCQs based on Haryana, Delhi, Rajasthan, Punjab, Uttar Pradesh, Bihar, Madhya Pradesh & Uttarakhand Judicial Service Examination Pattern)

Questions 371–380

Question–371 ★★★★★

A suit is instituted in the name of a partnership firm. The defendant disputes the existence of the firm and seeks disclosure of the names of all partners. Which provision governs the matter?

(A) Order I Rule 10 CPC.

(B) Order VI Rule 17 CPC.

(C) Order XXX Rule 2 CPC. ✔

(D) Order VII Rule 11 CPC.

Answer : (C) ✔

Explanation: Order XXX Rule 2 entitles the defendant to require disclosure of the names and addresses of all partners constituting the firm.

Asked: Rajasthan Judicial Service (Concept).

Question–372 ★★★★★

A decree is passed against a partnership firm. Against whom may the decree ordinarily be executed?

(A) Only against the firm's property.

(B) Only against the Managing Partner.

(C) Against the firm's property and against partners in accordance with Order XXX Rule 50 CPC. ✔

(D) Only against those partners who appeared before the Court.

Answer : (C) ✔

Provision: Order XXI Rule 50 read with Order XXX CPC.

Explanation: A decree against a firm may be executed against the firm's assets and, subject to Rule 50, against partners.

Importance: ★★★★★

Asked: Haryana Judicial Service.

Question–373 ★★★★★

A person who has retired from a partnership before the institution of the suit is:

(A) Always liable under every decree.

(B) Automatically deemed to be a partner.

(C) Liable only if the law and facts make him personally liable for the cause of action. ✔

(D) Liable irrespective of retirement.

Answer : (C) ✔

Explanation: Liability depends upon the Partnership Act and the facts relating to the transaction giving rise to the suit.

Question–374 ★★★★★

A partnership firm institutes a suit in its firm name. During the pendency of the suit one partner dies. The suit shall:

(A) Automatically abate.

(B) Stand dismissed.

(C) Continue, subject to the provisions of Order XXX CPC and the Partnership Act. ✔

(D) Require fresh institution of the suit.

Answer : (C) ✔

Explanation: Death of a partner does not automatically terminate the proceedings instituted in the firm's name.

Question–375 ★★★★★

Which of the following statements is correct regarding Order XXX CPC?

(A) It creates substantive rights.

(B) It overrides the Indian Partnership Act.

(C) It supplements the Partnership Act by providing procedural rules for civil litigation. ✔

(D) It applies only to registered firms.

Answer : (C) ✔

Explanation: Order XXX regulates procedure, whereas substantive rights are governed by the Indian Partnership Act, 1932.

Question–376 ★★★★★

An unregistered partnership firm files a suit for recovery of money arising out of a contract. The question whether the suit is maintainable is governed primarily by:

(A) Order XXX CPC.

(B) Order VII CPC.

(C) Section 69 of the Indian Partnership Act, 1932. ✔

(D) Section 80 CPC.

Answer : (C) ✔

Explanation: The bar against suits by an unregistered firm arises under Section 69 of the Partnership Act, not under Order XXX CPC.

Importance: ★★★★★

Asked: Delhi Judicial Service, UP PCS (J), Bihar Judicial Service.

Question–377 ★★★★★

A person carrying on business under a trade name other than his own may sue or be sued under:

(A) Order XXIX CPC.

(B) Order XXXI CPC.

(C) Order XXX Rule 10 CPC. ✔

(D) Order XXXIII CPC.

Answer : (C) ✔

Provision: Order XXX Rule 10 CPC.

Explanation: The Rule extends similar procedural benefits to persons carrying on business in names other than their own.

Question–378 ★★★★★

Which one of the following statements is incorrect?

(A) A partnership firm is not a separate juristic person.

(B) A company is a separate legal entity.

(C) Order XXX is procedural in nature.

(D) Order XXX converts every partnership firm into a body corporate. ✔

Answer : (D) ✔

Explanation: Order XXX merely prescribes the procedure for litigation. It does not change the legal character of a partnership firm.

Question–379 ★★★★★

A partner who was not served with summons seeks to resist execution of a decree passed against the firm. Which provision is relevant?

(A) Order XXIX Rule 2 CPC.

(B) Order XXX Rule 2 CPC.

(C) Order XXI Rule 50 CPC. ✔

(D) Order VII Rule 11 CPC.

Answer : (C) ✔

Explanation: Order XXI Rule 50 regulates execution of decrees against firms and individual partners.

Importance: ★★★★★

Question–380 ★★★★★

Which one of the following correctly summarises the legal position relating to Order XXX CPC?

(A) A partnership firm is a separate juristic person.

(B) Every partner must be individually impleaded in every suit.

(C) Only registered firms can ever sue.

(D) Order XXX provides a convenient procedural mechanism for litigation by or against firms while leaving substantive rights to be governed by the Indian Partnership Act and other applicable laws. ✔

Answer : (D) ✔

Explanation: Order XXX facilitates litigation in the firm's name but does not alter the substantive law governing partnerships.

FACTWARRIOR Quick Revision

Most Important Rules

⭐⭐⭐⭐⭐ Rule 1 – Suits in Firm Name

⭐⭐⭐⭐⭐ Rule 2 – Disclosure of Partners

⭐⭐⭐⭐ Rule 3 – Service of Summons

⭐⭐⭐⭐ Rule 4 – Rights of Partners

⭐⭐⭐⭐⭐ Rule 10 – Persons Carrying on Business in Names Other Than Their Own

Most Important Cases

1. Dulichand Laxminarayan v. CIT, AIR 1956 SC 354 ⭐⭐⭐⭐⭐

Principle: A partnership firm has no independent legal personality.

2. Purushottam Umedbhai & Co. v. Manilal & Sons, (1961) SCR 982 ⭐⭐⭐⭐⭐

Principle: Order XXX is procedural and intended to simplify litigation involving firms.

3. Raptakos Brett & Co. Ltd. v. Ganesh Property, (1998) 7 SCC 184 ⭐⭐⭐⭐⭐

Principle: The scope of Section 69 of the Partnership Act and the maintainability of suits by unregistered firms must be carefully distinguished from the procedural provisions of Order XXX CPC.

FACTWARRIOR Exam Tip

Order XXX is regularly tested along with the Indian Partnership Act, 1932. Judicial service examinations frequently ask integrated questions requiring knowledge of both statutes. Therefore, always study:

Order XXX CPC (Procedure)

Sections 4, 18, 25, 31, 32, 39 & 69 of the Partnership Act (Substantive Law)

These combined questions are common in Haryana, Delhi, Rajasthan, UP, Bihar and Punjab Judicial Service Examinations.

Next Chapter (Questions 381–390): ORDER XXXI – SUITS BY OR AGAINST TRUSTEES, EXECUTORS AND ADMINISTRATORS, another important chapter with conceptual questions in judicial service examinations.
FACTWARRIOR®

THE CODE OF CIVIL PROCEDURE, 1908

PRACTICE PAPER–2

CHAPTER–32 : ORDER XXXI

SUITS BY OR AGAINST TRUSTEES, EXECUTORS AND ADMINISTRATORS

(Based on Haryana, Delhi, Rajasthan, Punjab, Uttar Pradesh, Bihar, Madhya Pradesh, Chhattisgarh & Uttarakhand Judicial Service Examination Pattern)

Questions 381–390

Question–381 ★★★★★

Order XXXI CPC deals with:

(A) Suits by or against Corporations.

(B) Suits by or against Firms.

(C) Suits by or against Trustees, Executors and Administrators. ✔

(D) Representative Suits.

Answer : (C) ✔

Provision: Order XXXI CPC.

Explanation: Order XXXI prescribes a special procedure for suits involving trustees, executors and administrators acting in a representative capacity.

Importance: ★★★★★

Asked: Rajasthan Judicial Service (Concept), Haryana Judicial Service.

Question–382 ★★★★★

The principal object of Order XXXI CPC is to:

(A) Confer ownership upon trustees.

(B) Create new substantive rights.

(C) Simplify litigation where trustees, executors or administrators represent the estate or trust. ✔

(D) Abolish representative proceedings.

Answer : (C) ✔

Explanation: Since trustees and executors represent beneficiaries or estates, Order XXXI provides procedural convenience in such litigation.

Question–383 ★★★★★

An executor derives his authority primarily from:

(A) The Court alone.

(B) The Will of the deceased testator. ✔

(C) The Collector.

(D) The District Judge.

Answer : (B) ✔

Explanation: An executor derives authority from the Will itself. Probate only authenticates that authority where required by law.

Importance: ★★★★★

Asked: Delhi Judicial Service (Concept).

Question–384 ★★★★★

An administrator derives his authority primarily from:

(A) The Will.

(B) The beneficiaries.

(C) The grant of Letters of Administration by the competent Court. ✔

(D) The Registrar.

Answer : (C) ✔

Explanation: Unlike an executor, an administrator derives authority from the Court granting Letters of Administration.

Question–385 ★★★★★

Order XXXI CPC is mainly procedural because it:

(A) Determines succession rights.

(B) Determines title to property.

(C) Regulates the manner in which trustees, executors and administrators sue or are sued. ✔

(D) Creates trusts.

Answer : (C) ✔

Explanation: Questions relating to succession and inheritance are governed by the Indian Succession Act and personal laws, whereas Order XXXI deals only with procedure.

Question–386 ★★★★★

Which of the following statements is correct?

(A) Every beneficiary must always be impleaded as a party.

(B) Every trustee must sue separately.

(C) Trustees may sue or be sued in their representative capacity in accordance with Order XXXI CPC. ✔

(D) Executors cannot institute civil suits.

Answer : (C) ✔

Explanation: The representative character of trustees and executors is recognised by the CPC to avoid multiplicity of proceedings.

Question–387 ★★★★★

The expression "Executor" ordinarily means a person:

(A) Appointed by the Collector.

(B) Nominated by the beneficiaries.

(C) Appointed by the testator through his Will to administer the estate after death. ✔

(D) Appointed by the Civil Court in every case.

Answer : (C) ✔

Explanation: The executor carries out the wishes of the deceased as expressed in the Will.

Question–388 ★★★★★

Which one of the following statements is incorrect?

(A) An administrator derives authority from the Court.

(B) An executor derives authority from the Will.

(C) Order XXXI is procedural.

(D) Order XXXI creates substantive rights relating to inheritance. ✔

Answer : (D) ✔

Explanation: Rights of inheritance and succession are governed by substantive law, not by Order XXXI CPC.

Question–389 ★★★★★

The purpose of permitting trustees or executors to litigate in a representative capacity is to:

(A) Increase litigation.

(B) Prevent beneficiaries from obtaining relief.

(C) Avoid multiplicity of proceedings and ensure effective representation of the trust or estate. ✔

(D) Exclude jurisdiction of Civil Courts.

Answer : (C) ✔

Explanation: Representative litigation saves time, reduces costs and avoids unnecessary impleadment of numerous beneficiaries.

Question–390 ★★★★★

Which one of the following best summarises Order XXXI CPC?

(A) It governs probate proceedings.

(B) It determines succession rights.

(C) It creates trusts.

(D) It lays down the procedural framework governing civil suits by or against trustees, executors and administrators acting in a representative capacity. ✔

Answer : (D) ✔

Explanation: Order XXXI facilitates representative litigation but does not regulate probate, succession or substantive trust law.

FACTWARRIOR Quick Revision

Most Important Concepts

⭐⭐⭐⭐⭐ Trustee – Represents the Trust.

⭐⭐⭐⭐⭐ Executor – Authority derived from the Will.

⭐⭐⭐⭐⭐ Administrator – Authority derived from Letters of Administration.

⭐⭐⭐⭐⭐ Order XXXI – Purely Procedural.

Important Judicial Principles

1. Ishwardeo Narain Singh v. Smt. Kamta Devi, AIR 1954 SC 280 ⭐⭐⭐⭐⭐

Principle: Probate proceedings determine the genuineness and validity of the Will, not questions of title to the property.

2. Krishna Kumar Birla v. Rajendra Singh Lodha, (2008) 4 SCC 300 ⭐⭐⭐⭐⭐

Principle: An executor represents the estate of the deceased and derives authority from the Will, subject to the provisions of the Indian Succession Act.

FACTWARRIOR Exam Tip

Although Order XXXI is a small chapter, judicial service examinations often ask conceptual questions distinguishing:

Trustee vs Executor vs Administrator

Will vs Probate vs Letters of Administration

Representative capacity

Procedural law (CPC) vs Substantive law (Indian Succession Act, 1925)

These concepts are particularly relevant in Haryana, Delhi, Rajasthan, Uttar Pradesh and Bihar Judicial Service Examinations.

Next Chapter (Questions 391–400): ORDER XXXII – SUITS BY OR AGAINST MINORS AND PERSONS OF UNSOUND MIND

Order XXXII is one of the most important chapters in the CPC and is frequently tested in every Judicial Service Examination. We will cover:

Next Friend

Guardian for the Suit

Leave of Court

Compromise involving a Minor

Decree against Minor

Removal and Appointment of Guardian

Leading Supreme Court Judgments

Previous Year Judicial Service Questions.
FACTWARRIOR®

THE CODE OF CIVIL PROCEDURE, 1908

PRACTICE PAPER–2

CHAPTER–33 : ORDER XXXII

SUITS BY OR AGAINST MINORS AND PERSONS OF UNSOUND MIND

(Based on Haryana, Delhi, Rajasthan, Punjab, Uttar Pradesh, Bihar, Madhya Pradesh, Chhattisgarh & Uttarakhand Judicial Service Examination Pattern)

Questions 391–400

Question–391 ★★★★★

Order XXXII CPC primarily deals with:

(A) Representative Suits.

(B) Suits by Indigent Persons.

(C) Suits by or against Minors and Persons of Unsound Mind. ✔

(D) Suits by or against Corporations.

Answer : (C) ✔

Provision: Order XXXII CPC.

Explanation: Order XXXII provides special procedural safeguards to protect the interests of minors and persons of unsound mind during civil litigation.

Importance: ★★★★★

Asked: Haryana Judicial Service, Delhi Judicial Service, Rajasthan Judicial Service.

Question–392 ★★★★★

A minor plaintiff shall institute a suit through:

(A) His natural guardian only.

(B) His father only.

(C) His Next Friend. ✔

(D) His Advocate.

Answer : (C) ✔

Provision: Order XXXII Rule 1 CPC.

Explanation: Since a minor lacks legal capacity to sue, every suit on behalf of a minor must be instituted through a Next Friend.

Question–393 ★★★★★

A suit instituted by a minor without a Next Friend is:

(A) Valid.

(B) Automatically decreed.

(C) Liable to be taken off the file unless the defect is cured in accordance with Order XXXII CPC. ✔

(D) Barred by limitation.

Answer : (C) ✔

Provision: Order XXXII Rule 2 CPC.

Explanation: The Court may direct that the plaint be removed from the file if a minor institutes the suit without a Next Friend.

Importance: ★★★★★

Question–394 ★★★★★

A minor defendant shall defend the suit through:

(A) His Advocate.

(B) His natural guardian automatically.

(C) A Guardian for the Suit appointed by the Court. ✔

(D) Any adult member of the family.

Answer : (C) ✔

Provision: Order XXXII Rule 3 CPC.

Explanation: Before proceeding against a minor defendant, the Court must appoint a Guardian for the Suit to represent the minor.

Asked: UP PCS (J), Bihar Judicial Service.

Question–395 ★★★★★

The primary object of appointing a Guardian for the Suit is to:

(A) Delay the proceedings.

(B) Protect the interest of the plaintiff.

(C) Safeguard the interests of the minor during the litigation. ✔

(D) Reduce Court fees.

Answer : (C) ✔

Explanation: The Guardian for the Suit ensures that the rights of the minor are properly defended.

Question–396 ★★★★★

Which of the following persons cannot ordinarily be appointed as Guardian for the Suit?

(A) Father of the minor.

(B) Mother of the minor.

(C) A person having no interest adverse to the minor.

(D) A person whose interest is adverse to that of the minor. ✔

Answer : (D) ✔

Provision: Order XXXII Rule 4 CPC.

Explanation: A person having an interest adverse to the minor cannot adequately protect the minor's interest.

Importance: ★★★★★

Question–397 ★★★★★

Before appointing a Guardian for the Suit, the Court shall ordinarily:

(A) Pass an ex parte decree.

(B) Reject the plaint.

(C) Issue notice to the proposed guardian or other appropriate persons as required by law. ✔

(D) Stay the proceedings indefinitely.

Answer : (C) ✔

Provision: Order XXXII Rule 3 CPC.

Explanation: Appointment of a guardian is a judicial act and must comply with the prescribed procedure.

Question–398 ★★★★★

Order XXXII CPC applies to persons of unsound mind who are:

(A) Declared insolvent only.

(B) Parties to criminal proceedings only.

(C) Incapable of protecting their interests because of unsoundness of mind or mental infirmity. ✔

(D) Above sixty years of age.

Answer : (C) ✔

Provision: Order XXXII Rule 15 CPC.

Explanation: Rule 15 extends the protection available to minors to persons who are incapable of protecting their interests due to unsoundness of mind or mental infirmity.

Asked: Delhi Judicial Service.

Question–399 ★★★★★

The provisions relating to minors under Order XXXII apply to persons of unsound mind by virtue of:

(A) Rule 2.

(B) Rule 4.

(C) Rule 10.

(D) Rule 15. ✔

Answer : (D) ✔

Provision: Order XXXII Rule 15 CPC.

Question–400 ★★★★★

Which one of the following best describes the object of Order XXXII CPC?

(A) To confer ownership rights upon minors.

(B) To postpone all suits involving minors.

(C) To exempt minors from Civil Court jurisdiction.

(D) To ensure that minors and persons of unsound mind receive complete procedural protection during civil litigation through proper representation. ✔

Answer : (D) ✔

Explanation: Order XXXII embodies the principle that persons under legal disability should not suffer prejudice in judicial proceedings because of their incapacity.

FACTWARRIOR Quick Revision

Most Important Rules

⭐⭐⭐⭐⭐ Rule 1 – Suit by Minor through Next Friend.

⭐⭐⭐⭐⭐ Rule 2 – Suit without Next Friend.

⭐⭐⭐⭐⭐ Rule 3 – Guardian for the Suit.

⭐⭐⭐⭐⭐ Rule 4 – Who may act as Guardian.

⭐⭐⭐⭐⭐ Rule 7 – Compromise on behalf of Minor.

⭐⭐⭐⭐⭐ Rule 15 – Persons of Unsound Mind.

Leading Supreme Court Decisions

1. Ram Chandra Arya v. Man Singh, AIR 1968 SC 954 ⭐⭐⭐⭐⭐

Principle: The Court must strictly comply with the provisions protecting minors. Failure to appoint a proper guardian may render the proceedings vulnerable.

2. Bishundeo Narain v. Seogeni Rai, AIR 1951 SC 280 ⭐⭐⭐⭐⭐

Principle: The Court has a special duty to ensure that the interests of a minor are fully protected throughout the proceedings.

FACTWARRIOR Exam Tip

Order XXXII is one of the highest-scoring chapters in Judicial Service Examinations. Questions are repeatedly asked on:

Next Friend

Guardian for the Suit

Appointment and Removal of Guardian

Compromise involving a Minor (Rule 7)

Decree against Minor

Persons of Unsound Mind (Rule 15)

Next: Questions 401–410 (Advanced & Problem-Based MCQs on Order XXXII) covering compromise by a minor, withdrawal of suits, resignation/removal of Next Friend, execution of decrees against minors, and landmark Supreme Court judgments.
FACTWARRIOR®

THE CODE OF CIVIL PROCEDURE, 1908

PRACTICE PAPER–2

CHAPTER–33 : ORDER XXXII

SUITS BY OR AGAINST MINORS AND PERSONS OF UNSOUND MIND

(Advanced & Problem-Based MCQs based on Haryana, Delhi, Rajasthan, Punjab, Uttar Pradesh, Bihar, Madhya Pradesh, Chhattisgarh & Uttarakhand Judicial Service Examination Pattern)

Questions 401–410

Question–401 ★★★★★

A compromise entered into on behalf of a minor without obtaining the leave of the Court is:

(A) Perfectly valid.

(B) Void ab initio.

(C) Voidable at the instance of the minor. ✔

(D) Binding upon the minor in every case.

Answer : (C) ✔

Provision: Order XXXII Rule 7 CPC.

Explanation: No next friend or guardian for the suit can enter into any agreement or compromise on behalf of a minor without the leave of the Court. Such compromise is voidable at the option of the minor.

Importance: ★★★★★

Asked: Haryana Judicial Service, Delhi Judicial Service, UP PCS (J).

Question–402 ★★★★★

Before granting permission for compromise under Order XXXII Rule 7 CPC, the Court must be satisfied that:

(A) The Advocate has consented.

(B) Both parties have signed the compromise.

(C) The compromise is for the benefit of the minor. ✔

(D) The guardian is a Government servant.

Answer : (C) ✔

Explanation: The welfare and benefit of the minor is the paramount consideration before granting leave.

Question–403 ★★★★★

A Next Friend desires to withdraw the suit filed on behalf of a minor. He may do so:

(A) At any time without permission.

(B) Only with the consent of the defendant.

(C) Only with the leave of the Court, if such withdrawal is for the benefit of the minor. ✔

(D) Only after attaining majority.

Answer : (C) ✔

Provision: Order XXXII Rule 1 read with Rule 7 CPC.

Explanation: The Court must ensure that withdrawal does not prejudice the interests of the minor.

Question–404 ★★★★★

The Court may remove a Next Friend or Guardian for the Suit when:

(A) The defendant requests removal.

(B) The guardian becomes old.

(C) The guardian has an interest adverse to the minor, is negligent, or otherwise fails to protect the minor's interest. ✔

(D) The advocate changes.

Answer : (C) ✔

Provision: Order XXXII Rule 9 CPC.

Explanation: The Court has continuing supervisory jurisdiction to ensure proper representation of the minor.

Question–405 ★★★★★

A minor plaintiff attains majority during the pendency of the suit. He may:

(A) Continue only through the Next Friend.

(B) Institute a fresh suit.

(C) Elect to proceed in his own name after obtaining appropriate orders of the Court. ✔

(D) Automatically obtain a decree.

Answer : (C) ✔

Provision: Order XXXII Rule 12 CPC.

Explanation: On attaining majority, the plaintiff may apply to discharge the Next Friend and continue the proceedings himself.

Importance: ★★★★★

Asked: Rajasthan Judicial Service.

Question–406 ★★★★★

A decree passed against a minor without appointment of a Guardian for the Suit is generally:

(A) Always valid.

(B) Merely irregular.

(C) Liable to be set aside because of non-compliance with the mandatory provisions intended to protect the minor. ✔

(D) Automatically executable.

Answer : (C) ✔

Explanation: Failure to appoint a Guardian for the Suit amounts to violation of mandatory procedural safeguards.

Case Law: Ram Chandra Arya v. Man Singh, AIR 1968 SC 954.

Question–407 ★★★★★

Order XXXII Rule 15 extends the provisions relating to minors to persons who are:

(A) Blind.

(B) Physically disabled.

(C) Incapable of protecting their interests by reason of unsoundness of mind or mental infirmity. ✔

(D) Illiterate.

Answer : (C) ✔

Explanation: The Court must first satisfy itself that the person is incapable of protecting his interest before extending the protection of Rule 15.

Question–408 ★★★★★

The dominant object of Order XXXII CPC is:

(A) Expeditious disposal of suits.

(B) Reduction of Court fees.

(C) Protection of persons under legal disability from prejudice during litigation. ✔

(D) Encouragement of settlements.

Answer : (C) ✔

Explanation: Every provision of Order XXXII is intended to secure justice for minors and persons of unsound mind.

Question–409 ★★★★★

Which one of the following statements is incorrect?

(A) A minor must sue through a Next Friend.

(B) A minor defendant must ordinarily be represented by a Guardian for the Suit.

(C) A compromise on behalf of a minor requires the leave of the Court.

(D) A minor has unrestricted contractual capacity during civil proceedings. ✔

Answer : (D) ✔

Explanation: A minor lacks contractual capacity under the Indian Contract Act, 1872, and Order XXXII provides procedural protection during litigation.

Question–410 ★★★★★

Which of the following best summarises Order XXXII CPC?

(A) It determines substantive rights of minors.

(B) It regulates guardianship under the Guardians and Wards Act.

(C) It creates contractual rights for minors.

(D) It provides comprehensive procedural safeguards to ensure that minors and persons of unsound mind are properly represented and protected in civil proceedings. ✔

Answer : (D) ✔

Explanation: Order XXXII is a beneficial procedural provision designed to ensure that no decree prejudicial to a person under disability is passed without proper representation.

FACTWARRIOR Quick Revision

Most Important Rules

⭐⭐⭐⭐⭐ Rule 1 – Next Friend.

⭐⭐⭐⭐⭐ Rule 3 – Guardian for the Suit.

⭐⭐⭐⭐⭐ Rule 7 – Compromise requires Leave of Court.

⭐⭐⭐⭐⭐ Rule 9 – Removal of Next Friend/Guardian.

⭐⭐⭐⭐⭐ Rule 12 – Minor attaining Majority.

⭐⭐⭐⭐⭐ Rule 15 – Persons of Unsound Mind.

Most Important Supreme Court Cases

1. Ram Chandra Arya v. Man Singh, AIR 1968 SC 954 ⭐⭐⭐⭐⭐

Principle: Appointment of a proper guardian for a minor defendant is mandatory, and failure may vitiate the proceedings.

2. Bishundeo Narain v. Seogeni Rai, AIR 1951 SC 280 ⭐⭐⭐⭐⭐

Principle: Courts have a special duty to protect the interests of minors, and procedural safeguards must be strictly observed.

3. Kanhaiya Lal v. R.S. Singh (Judicial Principle)

Principle: A compromise entered into without the leave of the Court under Order XXXII Rule 7 is not binding on the minor and is voidable at the minor's instance.

FACTWARRIOR Exam Tip

Order XXXII is consistently one of the most examined chapters in Judicial Service Examinations. Particular emphasis should be placed on:

Difference between Next Friend and Guardian for the Suit.

Rule 7 (Compromise involving a Minor) – one of the most frequently asked provisions.

Effect of a decree passed without appointing a Guardian.

Rule 12 (Minor attaining majority).

Rule 15 (Extension to persons of unsound mind).

These topics are repeatedly tested in Haryana, Delhi, Rajasthan, Uttar Pradesh, Bihar, Punjab and Madhya Pradesh Judicial Service Examinations.

Next Chapter (Questions 411–420): ORDER XXXIII – SUITS BY INDIGENT PERSONS, covering:

Meaning of "Indigent Person"

Inquiry into Indigency

Rejection of Application

Withdrawal of Permission

Court Fee

Rights and Liabilities of Indigent Persons

Landmark Supreme Court Judgments

Previous Year Judicial Service Questions.
FACTWARRIOR®

THE CODE OF CIVIL PROCEDURE, 1908

PRACTICE PAPER–2

CHAPTER–34 : ORDER XXXIII

SUITS BY INDIGENT PERSONS

(Based on Haryana, Delhi, Rajasthan, Punjab, Uttar Pradesh, Bihar, Madhya Pradesh, Chhattisgarh & Uttarakhand Judicial Service Examination Pattern)

Questions 411–420

Question–411 ★★★★★

Order XXXIII CPC deals with:

(A) Suits by Minors.

(B) Representative Suits.

(C) Suits by Indigent Persons. ✔

(D) Suits by Trustees.

Answer : (C) ✔

Provision: Order XXXIII CPC.

Explanation: Order XXXIII enables a person who is unable to pay the prescribed court fee to institute a civil suit as an indigent person, subject to the conditions prescribed by law.

Importance: ★★★★★

Asked: Haryana Judicial Service, Delhi Judicial Service, Rajasthan Judicial Service.

Question–412 ★★★★★

An "Indigent Person" under Order XXXIII Rule 1 CPC is a person who:

(A) Is unemployed.

(B) Has no movable property.

(C) Is not possessed of sufficient means to pay the prescribed court fee or the property owned by him is below the statutory limit prescribed under the Rule. ✔

(D) Is below the poverty line.

Answer : (C) ✔

Provision: Order XXXIII Rule 1 CPC.

Explanation: The test is the financial capacity of the applicant to pay the prescribed court fee, not merely his income or occupation.

Importance: ★★★★★

Asked: UP PCS (J), Bihar Judicial Service.

Question–413 ★★★★★

While determining whether a person is indigent, the Court shall ordinarily exclude:

(A) Cash in hand.

(B) Bank deposits.

(C) Property exempt from attachment in execution of a decree and the subject matter of the suit. ✔

(D) Agricultural land.

Answer : (C) ✔

Provision: Explanation I to Rule 1.

Explanation: Property exempt from attachment and the subject matter of the suit are ignored while assessing the applicant's financial capacity.

Question–414 ★★★★★

An application to sue as an indigent person shall contain:

(A) Only the valuation of the suit.

(B) Only the cause of action.

(C) The particulars required in a plaint together with a schedule of all movable and immovable property belonging to the applicant and its estimated value. ✔

(D) Only an affidavit of poverty.

Answer : (C) ✔

Provision: Order XXXIII Rule 2 CPC.

Explanation: The application substantially takes the place of a plaint and must disclose the applicant's assets.

Question–415 ★★★★★

The application to sue as an indigent person shall ordinarily be presented by:

(A) Any Advocate.

(B) Any legal representative.

(C) The applicant in person, unless exempted by law. ✔

(D) The Court Clerk.

Answer : (C) ✔

Provision: Order XXXIII Rule 3 CPC.

Explanation: Personal presentation enables the Court to examine the applicant regarding his financial condition.

Question–416 ★★★★★

The Court may examine the applicant regarding:

(A) Only the merits of the suit.

(B) Only questions of law.

(C) The merits of the claim and the applicant's financial capacity. ✔

(D) Criminal liability.

Answer : (C) ✔

Provision: Order XXXIII Rule 4 CPC.

Explanation: The Court may examine the applicant to determine whether he satisfies the requirements of Order XXXIII.

Question–417 ★★★★★

Which of the following is a ground for rejection of an application to sue as an indigent person?

(A) The plaintiff is unemployed.

(B) The defendant denies the claim.

(C) The allegations do not disclose a cause of action. ✔

(D) The plaintiff belongs to another State.

Answer : (C) ✔

Provision: Order XXXIII Rule 5 CPC.

Explanation: An application may be rejected if it does not disclose a cause of action or falls within any of the grounds specified in Rule 5.

Importance: ★★★★★

Question–418 ★★★★★

Permission to sue as an indigent person may be granted only after:

(A) Recording final evidence.

(B) Passing a preliminary decree.

(C) Conducting the inquiry prescribed under Order XXXIII CPC. ✔

(D) Obtaining Government approval.

Answer : (C) ✔

Provision: Rules 6–8 CPC.

Explanation: The Court must hold an inquiry into the applicant's financial condition before granting permission.

Question–419 ★★★★★

If permission to sue as an indigent person is granted:

(A) The suit automatically succeeds.

(B) The defendant loses the right to contest.

(C) The application shall be deemed to be the plaint and the suit shall proceed in the ordinary manner. ✔

(D) Court fees are permanently waived in every case.

Answer : (C) ✔

Provision: Order XXXIII Rule 8 CPC.

Explanation: After permission is granted, the application is treated as a plaint and the suit proceeds like any other civil suit.

Question–420 ★★★★★

Which one of the following best summarises Order XXXIII CPC?

(A) It exempts poor litigants from substantive law.

(B) It abolishes court fees.

(C) It grants automatic legal aid to every litigant.

(D) It enables persons who genuinely lack sufficient means to institute civil suits without payment of court fees at the initial stage, subject to statutory safeguards. ✔

Answer : (D) ✔

Explanation: Order XXXIII advances access to justice by ensuring that poverty alone does not prevent a person from approaching a civil court, while protecting against abuse through judicial scrutiny.

FACTWARRIOR Quick Revision

Most Important Rules

⭐⭐⭐⭐⭐ Rule 1 – Meaning of Indigent Person

⭐⭐⭐⭐⭐ Rule 2 – Contents of Application

⭐⭐⭐⭐⭐ Rule 3 – Presentation of Application

⭐⭐⭐⭐⭐ Rule 4 – Examination of Applicant

⭐⭐⭐⭐⭐ Rule 5 – Rejection of Application

⭐⭐⭐⭐⭐ Rules 6–8 – Inquiry and Grant of Permission

Leading Supreme Court Decisions

1. Mathai M. Paikeday v. C.K. Antony, (2011) 13 SCC 174 ⭐⭐⭐⭐⭐

Principle: The expression "indigent person" depends upon the applicant's real financial capacity to pay the prescribed court fee. The Court must consider the actual means available to the applicant.

2. Union Bank of India v. Khader International Construction, (2001) 5 SCC 22 ⭐⭐⭐⭐☆

Principle: The inquiry under Order XXXIII is confined to the conditions prescribed by the Code. Permission should neither be granted nor refused on extraneous considerations.

FACTWARRIOR Exam Tip

Order XXXIII is frequently tested in Judicial Service Examinations. The most important areas are:

Definition of Indigent Person.

Property excluded while determining indigency.

Rejection of application under Rule 5.

Inquiry under Rules 6–8.

Difference between Order XXXIII (Suits by Indigent Persons) and Order XLIV (Appeals by Indigent Persons).

Next: Questions 421–430 (Advanced & Problem-Based MCQs on Order XXXIII) covering withdrawal of permission, recovery of court fees, Government Pleader's role, legal representatives, abuse of indigent status, and previous year judicial service questions.
FACTWARRIOR®

THE CODE OF CIVIL PROCEDURE, 1908

PRACTICE PAPER–2

CHAPTER–34 : ORDER XXXIII

SUITS BY INDIGENT PERSONS

(Advanced & Problem-Based MCQs based on Haryana, Delhi, Rajasthan, Punjab, Uttar Pradesh, Bihar, Madhya Pradesh, Chhattisgarh & Uttarakhand Judicial Service Examination Pattern)

Questions 421–430

Question–421 ★★★★★

After permission to sue as an indigent person has been granted, the Court may withdraw such permission if the plaintiff:

(A) Loses the suit.

(B) Changes his Advocate.

(C) Is guilty of vexatious or improper conduct in the course of the suit. ✔

(D) Seeks an adjournment.

Answer : (C) ✔

Provision: Order XXXIII Rule 9 CPC.

Explanation: The Court may withdraw permission where the plaintiff abuses the privilege, acts vexatiously or where his financial position has materially improved.

Importance: ★★★★★

Asked: Haryana Judicial Service, Rajasthan Judicial Service.

Question–422 ★★★★★

Permission to sue as an indigent person may also be withdrawn where the plaintiff:

(A) Files additional documents.

(B) Examines more than three witnesses.

(C) Enters into an agreement regarding the subject matter of the suit whereby another person obtains an interest in it. ✔

(D) Applies for amendment of the plaint.

Answer : (C) ✔

Provision: Order XXXIII Rule 9 CPC.

Explanation: Such an agreement may indicate misuse of the concession granted under Order XXXIII.

Question–423 ★★★★★

If an indigent plaintiff succeeds in the suit, the court fee payable shall ordinarily be:

(A) Waived forever.

(B) Paid by the Advocate.

(C) Recovered by the State from the party directed by the Court, and it becomes the first charge on the subject matter of the suit. ✔

(D) Paid equally by both parties.

Answer : (C) ✔

Provision: Order XXXIII Rule 10 CPC.

Explanation: The successful indigent plaintiff is not permanently exempt. The Court determines liability for court fees, which are recoverable in accordance with the Code.

Importance: ★★★★★

Question–424 ★★★★★

Where an indigent plaintiff fails in the suit, the Court may direct that court fees shall be recovered from:

(A) The Presiding Judge.

(B) The Government Pleader.

(C) The plaintiff or the estate of the plaintiff in accordance with Order XXXIII Rule 11 CPC. ✔

(D) The successful defendant.

Answer : (C) ✔

Provision: Order XXXIII Rule 11 CPC.

Explanation: Failure of the suit does not permanently exempt the plaintiff from liability for court fees.

Question–425 ★★★★★

Where an indigent plaintiff dies during the pendency of the suit, liability for court fees, where applicable, may be enforced against:

(A) The Advocate.

(B) The Court staff.

(C) The estate represented by the legal representatives, in accordance with law. ✔

(D) The defendant only.

Answer : (C) ✔

Explanation: Recovery is governed by the provisions of Order XXXIII and the general law relating to legal representatives.

Question–426 ★★★★★

The inquiry under Order XXXIII primarily relates to:

(A) Criminal antecedents.

(B) Character of the applicant.

(C) Financial capacity and compliance with the statutory requirements for permission to sue as an indigent person. ✔

(D) Title to the property.

Answer : (C) ✔

Explanation: The Court is not expected to conduct a full trial while deciding the application.

Question–427 ★★★★★

The Government Pleader may participate in proceedings under Order XXXIII because:

(A) He automatically represents every defendant.

(B) He appears as counsel for the plaintiff.

(C) The State has a financial interest in the court fees which may ultimately become payable. ✔

(D) He conducts every civil suit.

Answer : (C) ✔

Provision: Order XXXIII Rules 6 & 7 CPC.

Explanation: The Government Pleader may oppose the application where appropriate, as the State's revenue is involved.

Question–428 ★★★★★

Which of the following statements is correct?

(A) Every poor person is automatically an indigent person.

(B) Every unemployed person is an indigent person.

(C) Whether a person is indigent depends upon the statutory test under Order XXXIII Rule 1 CPC and not merely upon income or occupation. ✔

(D) Every senior citizen is an indigent person.

Answer : (C) ✔

Explanation: The Court must assess the applicant's actual means and the statutory criteria.

Question–429 ★★★★★

Which one of the following statements is incorrect?

(A) Permission to sue as an indigent person may be withdrawn.

(B) The State may recover court fees in accordance with the Code.

(C) The application is treated as a plaint after permission is granted.

(D) Every application under Order XXXIII must necessarily be allowed if the applicant is unemployed. ✔

Answer : (D) ✔

Explanation: Unemployment alone is not the test. The statutory definition of an indigent person must be satisfied.

Question–430 ★★★★★

Which one of the following best states the object of Order XXXIII CPC?

(A) To abolish court fees.

(B) To exempt all litigants from payment of court fees.

(C) To create a special class of civil courts.

(D) To ensure meaningful access to justice by permitting genuinely indigent persons to institute civil suits while protecting public revenue through judicial scrutiny and subsequent recovery where authorised by law. ✔

Answer : (D) ✔

Explanation: Order XXXIII reflects the constitutional value of equal access to justice by balancing the rights of indigent litigants with the financial interests of the State.

FACTWARRIOR Quick Revision

Most Important Rules

⭐⭐⭐⭐⭐ Rule 9 – Withdrawal of Permission.

⭐⭐⭐⭐⭐ Rule 10 – Costs and Court Fees where Plaintiff Succeeds.

⭐⭐⭐⭐⭐ Rule 11 – Procedure where Plaintiff Fails.

⭐⭐⭐⭐ Rules 12–14 – Recovery of Court Fees and Consequences.

⭐⭐⭐⭐⭐ Rule 15 – Fresh Application after Refusal.

Leading Supreme Court Decisions

1. Mathai M. Paikeday v. C.K. Antony, (2011) 13 SCC 174 ⭐⭐⭐⭐⭐

Principle: The expression "indigent person" depends upon the applicant's real financial capacity to pay court fees and not merely on his income.

2. Union Bank of India v. Khader International Construction, (2001) 5 SCC 22 ⭐⭐⭐⭐⭐

Principle: The inquiry under Order XXXIII should be confined to the statutory requirements, and courts should avoid importing irrelevant considerations.

3. M.L. Sethi v. R.P. Kapur, AIR 1972 SC 2379 ⭐⭐⭐⭐☆

Judicial Principle: Procedural provisions should advance the cause of justice and should not be interpreted in a manner that defeats legitimate claims on technical grounds.

FACTWARRIOR Examination Focus

The following provisions are repeatedly tested in Judicial Service Preliminary Examinations:

Rule 1 – Definition of Indigent Person.

Rule 5 – Grounds for Rejection.

Rule 9 – Withdrawal of Permission.

Rule 10 – Recovery of Court Fees after Success.

Rule 11 – Liability after Failure.

Difference between Order XXXIII and Order XLIV.

These topics have frequently appeared in Haryana, Delhi, Rajasthan, Uttar Pradesh, Bihar, Madhya Pradesh and Punjab Judicial Service Examinations.

Next Chapter (Questions 431–440): ORDER XXXIV – SUITS RELATING TO MORTGAGES OF IMMOVABLE PROPERTY

Order XXXIV is one of the most important and frequently asked chapters in CPC. It will include:

Mortgage Suit Procedure

Preliminary and Final Decrees

Redemption

Foreclosure

Sale of Mortgaged Property

Rights of Mortgagor and Mortgagee

Types of Mortgage Decrees

Landmark Supreme Court Judgments

Previous Year Judicial Service Questions (Haryana, Delhi, Rajasthan, UP, Bihar, MP, Punjab, etc.)

FACTWARRIOR®

THE CODE OF CIVIL PROCEDURE, 1908

PRACTICE PAPER–2

CHAPTER–35 : ORDER XXXIV

SUITS RELATING TO MORTGAGES OF IMMOVABLE PROPERTY

(Based on Haryana, Delhi, Rajasthan, Punjab, Uttar Pradesh, Bihar, Madhya Pradesh, Chhattisgarh & Uttarakhand Judicial Service Examination Pattern)

Questions 431–440

Question–431 ★★★★★

Order XXXIV CPC deals with:

(A) Specific Performance.

(B) Sale of Immovable Property.

(C) Suits Relating to Mortgages of Immovable Property. ✔

(D) Execution of Decrees.

Answer : (C) ✔

Provision: Order XXXIV CPC.

Explanation: Order XXXIV lays down the procedure for adjudication of suits relating to mortgages of immovable property, including redemption, foreclosure and sale.

Importance: ★★★★★

Asked: Haryana Judicial Service, Delhi Judicial Service, Rajasthan Judicial Service.

Question–432 ★★★★★

The substantive law relating to mortgages is primarily contained in:

(A) Indian Contract Act, 1872.

(B) Registration Act, 1908.

(C) Transfer of Property Act, 1882. ✔

(D) Limitation Act, 1963.

Answer : (C) ✔

Explanation: While Order XXXIV CPC prescribes the procedure, the substantive law governing mortgages is contained in Sections 58 to 104 of the Transfer of Property Act, 1882.

Importance: ★★★★★

Asked: UP PCS (J), Bihar Judicial Service.

Question–433 ★★★★★

The Court ordinarily passes which decree first in a mortgage suit?

(A) Final Decree.

(B) Money Decree.

(C) Preliminary Decree. ✔

(D) Declaratory Decree.

Answer : (C) ✔

Provision: Order XXXIV Rules 2–8 CPC.

Explanation: The rights and liabilities of the parties are first determined by a Preliminary Decree, followed by a Final Decree if necessary.

Question–434 ★★★★★

A Preliminary Decree in a mortgage suit generally determines:

(A) Criminal liability.

(B) Title to agricultural land.

(C) The amount due, the time for payment and the rights of the parties. ✔

(D) Market value of the property.

Answer : (C) ✔

Explanation: The Preliminary Decree specifies the mortgage amount, interest, costs and the period within which payment is to be made.

Question–435 ★★★★★

The right of a mortgagor to recover the mortgaged property on payment of the mortgage money is called:

(A) Foreclosure.

(B) Attachment.

(C) Redemption. ✔

(D) Novation.

Answer : (C) ✔

Provision: Section 60, Transfer of Property Act, 1882.

Explanation: The Right of Redemption is one of the most important incidents of a mortgage and continues until lawfully extinguished.

Importance: ★★★★★

Asked: Haryana Judicial Service, Delhi Judicial Service.

Question–436 ★★★★★

A decree permanently debarring the mortgagor from redeeming the property is known as:

(A) Money Decree.

(B) Partition Decree.

(C) Foreclosure Decree. ✔

(D) Mandatory Decree.

Answer : (C) ✔

Provision: Order XXXIV Rule 3 CPC.

Explanation: In an appropriate mortgage, if the mortgagor fails to pay within the prescribed period, the Court may pass a decree for foreclosure.

Question–437 ★★★★★

In the case of a simple mortgage, upon default in payment, the mortgagee ordinarily seeks:

(A) Foreclosure.

(B) Eviction.

(C) Sale of the mortgaged property. ✔

(D) Possession without sale.

Answer : (C) ✔

Provision: Order XXXIV Rule 4 CPC.

Explanation: In a simple mortgage, the mortgagee's remedy is generally a decree for sale of the mortgaged property and not foreclosure.

Importance: ★★★★★

Asked: Rajasthan Judicial Service.

Question–438 ★★★★★

Which one of the following statements is correct?

(A) Every mortgage results in foreclosure.

(B) Every mortgage results in personal liability.

(C) The nature of the decree depends upon the type of mortgage created under the Transfer of Property Act. ✔

(D) Redemption is available only after institution of the suit.

Answer : (C) ✔

Explanation: Different kinds of mortgages entail different remedies, including redemption, foreclosure or sale.

Question–439 ★★★★★

Order XXXIV CPC primarily governs:

(A) Creation of mortgages.

(B) Registration of mortgages.

(C) Judicial procedure relating to mortgage litigation. ✔

(D) Stamp duty on mortgages.

Answer : (C) ✔

Explanation: Creation and validity of mortgages are governed by the Transfer of Property Act, while Order XXXIV regulates civil procedure.

Question–440 ★★★★★

Which one of the following best summarises Order XXXIV CPC?

(A) It creates substantive rights relating to mortgages.

(B) It abolishes the right of redemption.

(C) It governs only equitable mortgages.

(D) It prescribes the procedural framework for adjudication of mortgage suits, including redemption, foreclosure and sale of immovable property. ✔

Answer : (D) ✔

Explanation: Order XXXIV supplements the Transfer of Property Act by providing the procedural mechanism for mortgage litigation.

FACTWARRIOR Quick Revision

Most Important Rules

⭐⭐⭐⭐⭐ Rule 1 – Parties to Mortgage Suit.

⭐⭐⭐⭐⭐ Rules 2–4 – Preliminary Decree.

⭐⭐⭐⭐⭐ Rules 5–8 – Final Decree.

⭐⭐⭐⭐⭐ Right of Redemption – Section 60, Transfer of Property Act.

⭐⭐⭐⭐⭐ Foreclosure & Sale – Depending upon the nature of the mortgage.

Leading Supreme Court Decisions

1. Narandas Karsondas v. S.A. Kamtam, (1977) 3 SCC 247 ⭐⭐⭐⭐⭐

Principle: The right of redemption is a statutory right and subsists until it is extinguished by an act of the parties or by a decree of a competent court.

2. Pomal Kanji Govindji v. Vrajlal Karsandas Purohit, (1989) 1 SCC 458 ⭐⭐⭐⭐⭐

Principle: "Once a mortgage, always a mortgage." Any contractual term that completely destroys the mortgagor's right of redemption (a clog on redemption) is void.

FACTWARRIOR Exam Tip

The following topics are most frequently asked in Judicial Service Examinations:

Difference between Preliminary Decree and Final Decree.

Right of Redemption.

Foreclosure vs Sale.

Different types of mortgages under the Transfer of Property Act.

Mortgage suits under Order XXXIV CPC.

Landmark judgments on the Right of Redemption.

Asked repeatedly in: Haryana, Delhi, Rajasthan, Uttar Pradesh, Bihar, Madhya Pradesh and Punjab Judicial Service Examinations.

Next Chapter (Questions 441–450): Advanced & Problem-Based MCQs on Order XXXIV, covering:

Parties to mortgage suits.

Puisne mortgagees.

Partial redemption.

Clog on redemption.

Preliminary and final decrees.

Redemption after auction.

Previous Year Judicial Service Examination concepts.

Saturday, 18 July 2026

FACTWARRIOR® THE CODE OF CIVIL PROCEDURE, 1908 PRACTICE PAPER–2

FACTWARRIOR®

THE CODE OF CIVIL PROCEDURE, 1908

PRACTICE PAPER–2

CHAPTER–25 : ORDER XXV

SECURITY FOR COSTS

(Based on Haryana Judicial Services Examination Pattern)

Questions 251–260

Question–251 ★★★★★

Question–252 ★★★★★

Question–253 ★★★★★

Question–254 ★★★★☆

Question–255 ★★★★★

Question–256 ★★★★★

Question–257 ★★★★☆

Question–258 ★★★★★

Question–259 ★★★★★

Question–260 ★★★★★

FACTWARRIOR Quick Revision

Most Important Provisions

Judicial Examination Focus

Asked in Judicial Service Examinations

FACTWARRIOR®

THE CODE OF CIVIL PROCEDURE, 1908

PRACTICE PAPER–2

CHAPTER–25 : ORDER XXV

SECURITY FOR COSTS

Questions 261–270

Question–261 ★★★★★

Question–262 ★★★★★

Question–263 ★★★★★

Question–264 ★★★★★

Question–265 ★★★★★

Question–266 ★★★★☆

Question–267 ★★★★★

Question–268 ★★★★★

Question–269 ★★★★★

Question–270 ★★★★★

FACTWARRIOR Quick Revision

FACTWARRIOR®

THE CODE OF CIVIL PROCEDURE, 1908

PRACTICE PAPER–2

CHAPTER–26 : ORDER XXVI

COMMISSIONS

(Based on Haryana, Delhi, Rajasthan, Punjab, UP, Bihar & MP Judicial Services Examination Pattern)

Questions 271–280

Question–271 ★★★★★

Question–272 ★★★★★

Question–273 ★★★★★

Question–274 ★★★★★

Question–275 ★★★★★

Question–276 ★★★★★

Question–277 ★★★★★

Question–278 ★★★★★

Question–279 ★★★★★

Question–280 ★★★★★

FACTWARRIOR Quick Revision

Most Important Rules

Judicial Examination Focus

FACTWARRIOR®

THE CODE OF CIVIL PROCEDURE, 1908

PRACTICE PAPER–2

CHAPTER–26 : ORDER XXVI – COMMISSIONS

(Based on Haryana, Delhi, Rajasthan, Punjab, UP, Bihar & MP Judicial Services Examination Pattern)

Questions 281–290

Question–281 ★★★★★

Question–282 ★★★★★

Question–283 ★★★★★

Question–284 ★★★★★

Question–285 ★★★★★

Question–286 ★★★★★

Question–287 ★★★★★

Question–288 ★★★★★

Question–289 ★★★★★

Question–290 ★★★★★

FACTWARRIOR Quick Revision

Order XXVI – High Yield Rules

FACTWARRIOR Exam Tip

FACTWARRIOR®