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

Under Order XIV Rule 1, issues arise when

1. Amaterial propositions of fact or law are affirmed by one party and denied by the other✓
2. Bboth parties agree on all facts✓
3. Conly plaintiff files documents✓
4. Donly in execution✓

Under Order XIV Rule 1, issues arise when

1. Amaterial propositions of fact or law are affirmed by one party and denied by the other✓
2. Bboth parties agree on all facts✓
3. Conly plaintiff files documents✓
4. Donly in execution✓

Framing of issues is governed by

1. AOrder XIV CPC✓
2. BOrder VII Rule 11✓
3. Csection 10✓
4. DOrder V Rule 1✓

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

1. AOrder VIII Rule 1✓
2. Bsection 96✓
3. COrder XIV Rule 2✓
4. DOrder XXI Rule 11✓

Adjournments during trial are mainly regulated by

1. AOrder XVII CPC✓
2. BOrder VII✓
3. Csection 115✓
4. DOrder V✓

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

1. Aproceed to decide the suit forthwith✓
2. Bautomatically dismiss the suit always✓
3. Crefer to criminal court✓
4. Dgrant unlimited adjournments✓

Examination-in-chief of witnesses at trial follows

1. AOrder XXI only✓
2. BOrder XVIII CPC read with QSO✓
3. Csection 96 only✓
4. DOrder XXXIX only✓

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

1. Adefendant always speaks last always in all cases✓
2. Bplaintiff opens, then defendant, then plaintiff replies if needed✓
3. Conly written arguments without evidence✓
4. Djudge examines no witness✓

Execution of decrees is governed principally by

1. AOrder VII✓
2. BOrder XIV✓
3. Csection 100✓
4. DOrder XXI CPC✓

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

1. Aonly to Supreme Court✓
2. Bto the court which passed the decree or where assets are located as provided✓
3. Conly to police station✓
4. Donly before institution of suit✓

Attachment of property in execution is provided under

1. AOrder XXI Rules 43–54✓
2. BOrder VII Rule 11✓
3. Csection 10✓
4. DOrder VIII Rule 1✓

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

1. Aevery money decree automatically✓
2. Bonly in criminal trials✓
3. COrder XXI Rules 37–40✓
4. DOrder XXXIX✓

Temporary injunction before judgment is governed by

1. AOrder XXXIX CPC✓
2. BOrder XXI✓
3. Csection 96✓
4. DOrder VII Rule 11✓

Order XXXIX Rule 1 lists grounds including where

1. Aplaintiff merely fears future loss without basis✓
2. Bdefendant admits claim✓
3. Cthe disputed property may be wasted or alienated✓
4. Dsuit is time-barred✓

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

1. Aplaintiff demands it without affidavit✓
2. Bdefendant has already appeared✓
3. Ccourt is satisfied that delay would defeat justice and notice may dispense✓
4. Dexecution is complete✓

First appeal from original decree lies under

1. Asection 100✓
2. Bsection 96 CPC✓
3. Csection 115✓
4. Dsection 114 only✓

Second appeal to the High Court lies under

1. Asection 96 for all findings of fact✓
2. Bsection 100 CPC on substantial questions of law✓
3. Csection 10✓
4. DOrder XXI Rule 2✓

Appeals from orders are governed by

1. Asection 96 alone✓
2. Bsection 115 alone✓
3. COrder VII Rule 11✓
4. Dsection 104 read with Order XLIII CPC✓

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

1. Asection 115✓
2. Bsection 96✓
3. Csection 10✓
4. Dsection 114 read with Order XLVII CPC✓

Grounds for review under Order XLVII Rule 1 include

1. Amere dissatisfaction with decree✓
2. Bwish to re-argue on merits freely✓
3. Cchange of judge preference✓
4. Ddiscovery of new and important matter or evidence✓

Revision to the High Court is conferred by

1. Asection 96✓
2. Bsection 115 CPC✓
3. Csection 100✓
4. Dsection 114✓

Section 115 CPC applies when subordinate court has

1. Amerely committed a clerical mistake correctable by review✓
2. Bdecided evidence credibility in appealable decree✓
3. Cgranted lawful adjournment✓
4. Dexercised jurisdiction not vested, failed to exercise vested jurisdiction, or acted illegally✓

Compromise of suit is governed by

1. AOrder XXIII CPC✓
2. BOrder VIII Rule 1✓
3. Csection 96✓
4. DOrder XXI✓

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

1. Aignored by the court✓
2. Btreated as contempt automatically✓
3. Conly sent to arbitration without decree✓
4. Drecorded 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. Aplaintiff wishes to harass defendant✓
2. Bcourt is satisfied that there are sufficient grounds✓
3. Ccause of action never existed✓
4. Dsuit is frivolous on face✓

A decree holder in execution is called

1. Ajudgment debtor✓
2. Bplaintiff only if male✓
3. Cappellant always✓
4. Ddecree-holder under section 2(3) CPC✓

Judgment debtor means under section 2(10)

1. Aonly the plaintiff✓
2. Bonly government✓
3. Cany person against whom a decree has been passed or an order capable of execution has been made✓
4. Donly sureties always✓