ALLAHABAD HIGH COURT Practice Quiz

Question 1

Under the Code of Civil Procedure, 1908, what is the primary object of a 'decree' as distinguished from an 'order'?

Accepted Answer

A decree is the formal expression of an adjudication conclusively determining the rights of parties regarding matters in controversy in the suit.

Question 2

Which of the following best describes a 'plaint' under the Code of Civil Procedure?

Accepted Answer

A statement of claim by which a suit is instituted.

Question 3

In execution proceedings, which court is ordinarily competent to execute a decree under Section 38 CPC?

Accepted Answer

The court which passed the decree, or the court to which it is sent for execution.

Question 4

Which of the following is most accurate regarding a preliminary decree under CPC?

Accepted Answer

It determines rights of parties with regard to some matters in controversy but further proceedings are required before the suit is completely disposed of.

Question 5

Where several courts are competent to try a suit, a defendant may seek transfer on the ground that another court is more convenient. Which principle most closely governs such a request under CPC practice?

Accepted Answer

The court may consider balance of convenience, interests of justice, and likelihood of prejudice.

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