Code of Civil Procedure: Trial, Execution and Appeals MCQs 2026

Framing of issues is governed by

1. A Order XIV CPC ✓
2. B Order VII Rule 11 ✓
3. C section 10 ✓
4. D Order V Rule 1 ✓

Under Order XIV Rule 1, issues arise when

1. A material propositions of fact or law are affirmed by one party and denied by the other ✓
2. B both parties agree on all facts ✓
3. C only plaintiff files documents ✓
4. D only in execution ✓

Material propositions on which no burden of proof lies need not be framed as issues under

1. A Order VIII Rule 1 ✓
2. B section 96 ✓
3. C Order XIV Rule 2 ✓
4. D Order XXI Rule 11 ✓

Adjournments during trial are mainly regulated by

1. A Order XVII CPC ✓
2. B Order VII ✓
3. C section 115 ✓
4. D Order V ✓

Under Order XVII Rule 2, if parties fail to produce evidence on adjourned date, the Court may

1. A proceed to decide the suit forthwith ✓
2. B automatically dismiss the suit always ✓
3. C refer to criminal court ✓
4. D grant unlimited adjournments ✓

Examination-in-chief of witnesses at trial follows

1. A Order XXI only ✓
2. B Order XVIII CPC read with QSO ✓
3. C section 96 only ✓
4. D Order XXXIX only ✓

Order XVIII Rule 2 provides the general order of speeches and evidence as

1. A defendant always speaks last always in all cases ✓
2. B plaintiff opens, then defendant, then plaintiff replies if needed ✓
3. C only written arguments without evidence ✓
4. D judge examines no witness ✓

Execution of decrees is governed principally by

1. A Order VII ✓
2. B Order XIV ✓
3. C section 100 ✓
4. D Order XXI CPC ✓

Under Order XXI Rule 10, execution may ordinarily be applied for

1. A only to Supreme Court ✓
2. B to the court which passed the decree or where assets are located as provided ✓
3. C only to police station ✓
4. D only before institution of suit ✓

Attachment of property in execution is provided under

1. A Order XXI Rules 43–54 ✓
2. B Order VII Rule 11 ✓
3. C section 10 ✓
4. D Order VIII Rule 1 ✓

Arrest and detention in civil execution is permitted in limited cases under

1. A every money decree automatically ✓
2. B only in criminal trials ✓
3. C Order XXI Rules 37–40 ✓
4. D Order XXXIX ✓

Temporary injunction before judgment is governed by

1. A Order XXXIX CPC ✓
2. B Order XXI ✓
3. C section 96 ✓
4. D Order VII Rule 11 ✓

Order XXXIX Rule 1 lists grounds including where

1. A plaintiff merely fears future loss without basis ✓
2. B defendant admits claim ✓
3. C the disputed property may be wasted or alienated ✓
4. D suit is time-barred ✓

An ex parte temporary injunction may be granted under Order XXXIX when

1. A plaintiff demands it without affidavit ✓
2. B defendant has already appeared ✓
3. C court is satisfied that delay would defeat justice and notice may dispense ✓
4. D execution is complete ✓

First appeal from original decree lies under

1. A section 100 ✓
2. B section 96 CPC ✓
3. C section 115 ✓
4. D section 114 only ✓

Second appeal to the High Court lies under

1. A section 96 for all findings of fact ✓
2. B section 100 CPC on substantial questions of law ✓
3. C section 10 ✓
4. D Order XXI Rule 2 ✓

Appeals from orders are governed by

1. A section 96 alone ✓
2. B section 115 alone ✓
3. C Order VII Rule 11 ✓
4. D section 104 read with Order XLIII CPC ✓

Review of judgment or decree by the same court is provided under

1. A section 115 ✓
2. B section 96 ✓
3. C section 10 ✓
4. D section 114 read with Order XLVII CPC ✓

Grounds for review under Order XLVII Rule 1 include

1. A mere dissatisfaction with decree ✓
2. B wish to re-argue on merits freely ✓
3. C change of judge preference ✓
4. D discovery of new and important matter or evidence ✓

Revision to the High Court is conferred by

1. A section 96 ✓
2. B section 115 CPC ✓
3. C section 100 ✓
4. D section 114 ✓

Section 115 CPC applies when subordinate court has

1. A merely committed a clerical mistake correctable by review ✓
2. B decided evidence credibility in appealable decree ✓
3. C granted lawful adjournment ✓
4. D exercised jurisdiction not vested, failed to exercise vested jurisdiction, or acted illegally ✓

Compromise of suit is governed by

1. A Order XXIII CPC ✓
2. B Order VIII Rule 1 ✓
3. C section 96 ✓
4. D Order XXI ✓

Under Order XXIII Rule 3, a lawful agreement or compromise may be

1. A ignored by the court ✓
2. B treated as contempt automatically ✓
3. C only sent to arbitration without decree ✓
4. D recorded and decree passed in terms of compromise ✓

Withdrawal of suit with permission to file fresh suit may be allowed under Order XXIII Rule 1 when

1. A plaintiff wishes to harass defendant ✓
2. B court is satisfied that there are sufficient grounds ✓
3. C cause of action never existed ✓
4. D suit is frivolous on face ✓

A decree holder in execution is called

1. A judgment debtor ✓
2. B plaintiff only if male ✓
3. C appellant always ✓
4. D decree-holder under section 2(3) CPC ✓

Judgment debtor means under section 2(10)

1. A only the plaintiff ✓
2. B only government ✓
3. C any person against whom a decree has been passed or an order capable of execution has been made ✓
4. D only sureties always ✓

Under Order XIV Rule 1, issues arise when

1. A material propositions of fact or law are affirmed by one party and denied by the other ✓
2. B both parties agree on all facts ✓
3. C only plaintiff files documents ✓
4. D only in execution ✓