Code of Civil Procedure, 1908 Order 41 Appeals from Original Decrees Important MCQs

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#1. In what form must every appeal be preferred?

a) In an oral statement before the court

b) In a memorandum signed by the appellant or his pleader

c) In a written affidavit by a witness

d) In a notification issued by the court

#2. Who must sign the memorandum of appeal?

a) The respondent or his pleader

b) The trial court judge

c) The appellant or his pleader

d) The court clerk

#3. To whom should the memorandum of appeal be presented?

a) Only to the Supreme Court

b) Only to the trial court

c) To the Court or an officer appointed in this behalf

d) To the defendant

#4. What document must accompany the memorandum of appeal?

a) A certified copy of the original complaint

b) A copy of the decree appealed from and, unless dispensed with, a copy of the judgment

c) An affidavit by the appellant

d) A written statement from the respondent

#5. Under what circumstances can the appellate court dispense with the requirement of a judgment copy?

a) When two or more cases are tried together and decided by the same judgment

b) When the appellant requests exemption

c) When the trial court grants permission

d) When the respondent provides a copy

#6. What must the officer appointed in this behalf be satisfied with before dispensing with additional judgment copies?

a) That the appeals involve different legal issues

b) That the cases were decided by different judges

c) That the questions for decision are analogous in each appeal

d) That the respondent consents to the dispensation

#7. How should the memorandum of appeal be structured?

a) In the form of a narrative argument

b) Concisely and under distinct heads

c) In a general discussion format

d) As a request letter to the court

#8. What should the memorandum of appeal specifically contain?

a) The detailed case history and arguments

b) The grounds of objection to the decree appealed from

c) The opinion of the lower court judge

d) A personal statement from the appellant

#9. How must the grounds of objection in the memorandum of appeal be presented?

a) As a continuous paragraph

b) As a summary in plain language

c) Without any argument or narrative and numbered consecutively

d) In the form of a petition to the appellate judge

#10. Can the appellant urge any ground of objection that is not set forth in the memorandum of appeal?

a) Yes, without any restrictions

b) No, unless permitted by the court

c) Yes, if the respondent consents

d) No, under any circumstances

#11. Is the appellate court confined only to the grounds mentioned in the memorandum of appeal?

a) Yes, it must decide based only on the grounds listed

b) No, it can consider other grounds, including those taken by leave of the court

c) Yes, unless the appellant submits an additional affidavit

d) No, but only if the trial court allows it

#12. Can the appellate court base its decision on a ground not mentioned in the memorandum of appeal?

a) No, the court must strictly adhere to the memorandum

b) Yes, but only if the appellant agrees

c) Yes, providrty has had a sufficient opportunity to contest it

d) No, unless the appellant amends the memorandum

#13. Under what condition can the appellate court introduce a new ground for decision?

a) If it benefits the appellant

b) If it does not prejudice the respondent

c) If the affected party has had a sufficient opportunity to contest it

d) If the lower court made a factual error

#14. What is the main limitation on the appellant regarding new grounds of objection?

a) The appellant cannot present any additional grounds during the hearing

b) The appellant can introduce new grounds freely

c) The appellant must seek the court’s leave to urge grounds not listed in the memorandum

d) The appellant must obtain permission from the respondent to introduce new grounds

#15. What does Order XLI Rule 3 of the CPC, 1908 deal with?

a) Rejection or amendment of pleadings

b) Rejection or amendment of a memorandum of appeal

c) Rejection or amendment of written arguments

d) None of the above

#16. What happens if the memorandum of appeal is not drawn up in the prescribed manner under Order XLI Rule 3(1)? .

a) It is automatically accepted

b) It may be rejected or returned for amendment.

c) The case is dismissed.

d) It must be filed in a different court.

#17. What must the Court do when rejecting a memorandum under Order XLI Rule 3(2)?.

a) Mention it orally in open court.

b) Record the reasons for rejection

c) Notify the appellate party in writing.

d) Forward the case to the higher court.

#18. Who signs or initials the amendments made to a memorandum of appeal as per Order XLI Rule 3(3)?

a) The Appellant

b) The Court Registrar

c) The Judge or an appointed officer

d) The Respondent

#19. Order XLI Rule 4 CPC: One of several plaintiffs or defendants may obtain reversal of the whole decree What does Order XLI Rule 4 of CPC deal with?

a) Amendment of pleadings

b) Filing of suits by multiple plaintiffs or defendants

c) Reversal of a whole decree by one of several plaintiffs or defendants

d) Execution of decrees

#20. Under Order XLI Rule 4, in which case can one plaintiff or defendant appeal against the entire decree?

a) When the decree is based on a ground common to all plaintiffs or defendants

b) When the decree is partially in favor of one party

c) When the decree affects only one plaintiff

d) When the appellate court specifically allows it

#21. What power does the Appellate Court have under Order XLI Rule 4?..

a) It can reverse or vary the decree in favor of all plaintiffs or defendants

b) It can enforce the decree as it is

c) It can transfer the case to a lower court..

d) It can dismiss the appeal without hearing

#22. Does Order XLI Rule 4 apply to multiple plaintiffs or defendants in all types of decrees?

a) Yes, it applies universally.

b) No, it applies only when the decree proceeds on a ground common to all plaintiffs or defendants.

c) No, it applies only to decrees involving monetary relief.

d) Yes, but only in execution proceedings.

#23. Stay of Proceedings and Execution What is the purpose of the provision related to the “stay of proceedings and execution” in CPC?

a) To expedite the execution of decrees

b) To prevent execution of decrees until appeals are decided

c) To enforce compliance with court orders

d) To transfer cases to appellate courts

#24. When can an appellate court grant a stay of execution?

a) Only after the decree is executed

b) During the pendency of an appeal

c) Only when the decree is uncontested

d) When the parties agree to stay execution

#25. Under the CPC, who can request a stay of proceedings?

a) Only the respondent

b) Only the trial court

c) The appellant

d) The appellate judge

#26. Stay Appellate Court (Order XLI Rule 5 CPC) Does the filing of an appeal automatically operate as a stay of proceedings under the decree or order appealed from?

a) Yes, it automatically stays proceedings.

b) No, unless the appellate court orders otherwise.

c) Yes, but only if the decree is final.

d) No, under any circumstances.

#27. Under Order XLI Rule 5(1), can the execution of a decree be stayed simply because an appeal has been filed?

a) Yes, automatically.

b) No, only for monetary decrees.

c) No, unless the appellate court orders for sufficient cause.

d) Yes, if the decree is appealable.

#28. Who has the authority to order the stay of execution of a decree before the appeal period expires under Order XLI Rule 5(2)?

a) The Supreme Court

b) The Appellate Court

c) The Court which passed the decree

d) The Respondent

#29. What are the conditions for granting a stay of execution under Order XLI Rule 5(3)?

a) Only when the decree is final and enforceable.

b) When the applicant shows substantial loss, no unreasonable delay, and provides security.

c) When the appellate court demands it.

d) When the respondent consents to the stay.

#30. What type of order can the court make under Order XLI Rule 5(4) pending the hearing of the application?

a) A final order dismissing the case

b) An ex parte order for stay of execution

c) An order declaring the decree null and void

d) An interim order for filing additional evidence

#31. What must the court be satisfied with before granting a stay under sub-rule (3)?

a) That the appellant will face inconvenience.

b) That the stay benefits the court proceedings.

c) That substantial loss may occur, there is no delay, and security is given.

d) That the decree is difficult to enforce.

#32. Order XLI Rule 6 CPC: Security in Case of Order for Execution of Decree Appealed From What does Order XLI Rule 6 of CPC deal with?

a) Stay of proceedings

b) Security in case of execution of decree appealed from

c) Amendment of pleadings

d) Reversal of decrees by appellate courts

#33. When can the court require security for restitution of property under Order XLI Rule 6(1)?

a) When the respondent applies for stay of execution

b) When the appellant shows sufficient cause

c) When the decree has been executed completely

d) When the appellate court passes a final order

#34. Who has the authority to require security under Order XLI Rule 6(1)?

a) Only the Supreme Court

b) Only the appellate court

c) Either the court that passed the decree or the appellate court

d) Only the trial court

#35. What does the security under Order XLI Rule 6(1) ensure?

a) The immediate enforcement of the decree

b) The restitution of property taken in execution or payment of its value and performance of the appellate court's decree

c) Protection of the rights of the decree-holder

d) The delay of the execution proceedings

#36. Under Order XLI Rule 6(2), when can the sale of immovable property in execution of a decree be stayed?

a) When the appellant applies to the appellate court

b) When the judgment-debtor applies to the court which made the sale order and provides security or fulfills terms set by the court

c) When the decree-holder consents to stay

d) When the appellate court orders a retrial of the case

#37. What happens to the sale of immovable property in execution when an appeal is pending under Order XLI Rule 6(2)?

a) The sale is automatically stayed until the appeal is resolved.

b) The sale proceeds without delay.

c) The sale can be stayed upon application of the judgment-debtor and providing of security.

d) The appellate court cancels the sale order.

#38. What does Order XLI Rule 7 of CPC state about security requirements?

a) Security must be provided by all appellants.

b) Security is not required from the Government or a public officer in certain cases.

c) Security is mandatory in all cases, including the Government.

d) Security is required only for monetary decrees.

#39. Who is exempt from providing security under Order XLI Rule 7?

a) Judgment-debtors

b) Appellants with financial constraints

c) The Government or public officers

d) Private entities appealing monetary decrees

#40. Order XLI Rule 8 CPC: Exercise of Powers in Appeal from Order Made in Execution of DecreeWhat does Order XLI Rule 8 of CPC provide for?

a) The automatic stay of decrees upon filing an appeal.

b) The exercise of powers in appeals from orders made in execution of decrees.

c) The exemption of appellants from providing security.

d) The cancellation of execution orders during appeals.

#41. Under Order XLI Rule 8, when can powers under Rules 5 and 6 be exercised?

a) Only in appeals from decrees.

b) Only in cases involving monetary disputes.

c) In appeals from orders made in execution of decrees.

d) In cases where the decree is final and unappealable.

#42. What is required of the judgment-debtor when appealing from an order made in execution of a decree under Rule 8?

a) Nothing, as no security is required.

b) The deposit of the decretal amount or furnishing of security, unless the court finds an error apparent on the face of the record.

c) The immediate payment of court fees.

d) The submission of a formal written request for delay.

#43. What are the security requirements for a judgment-debtor appealing from a decree for the payment of money?

a) To deposit the decretal amount or furnish security for its payment.

b) To deposit 50% of the decretal amount as a condition for appeal.

c) To furnish a written guarantee for payment within 30 days.

d) To request an exemption from security requirements.

#44. What must a judgment-debtor provide in the case of appealing from a decree other than for the payment of money?

a) A written affidavit explaining the appeal.

b) Security for the due performance of the decree.

c) A petition for exemption from all conditions.

d) A request for an alternative execution order.

#45. What action is taken when a memorandum of appeal is admitted under Order XLI Rule 9?

a) It is immediately decided by the appellate court.

b) The date of presentation is endorsed, and the appeal is registered.

c) It is forwarded to the Supreme Court for approval.

d) It is kept in the trial court's records.

#46. What is the name of the book in which appeals are registered under Order XLI Rule 9?

a) The Appeals Record Book

b) The Memorandum Registry Book

c) The Register of Appeals

d) The Case Appeal Register

#47. Who endorses the date of presentation on the memorandum of appeal?

a) The trial court judge

b) The appellate court or its proper officer

c) The respondent’s counsel

d) The appellant’s lawyer

#48. Under what circumstances may the appellate court demand security for costs under Order XLI Rule 10(1)?

a) Only after the respondent is called to appear.

b) Either before the respondent is called to appear or on the respondent’s application.

c) Only if the appellant fails to comply with procedural requirements.

d) Only when the appeal involves monetary decrees.

#49. When is the appellate court required to demand security for costs under Order XLI Rule 10?

a) When the appellant resides within Pakistan.

b) When the appellant resides out of Pakistan and lacks sufficient immovable property in Pakistan, except for the property related to the appeal.

c) When the respondent submits a written request for security.

d) When the appeal relates to an execution order.

#50. What happens if the appellant fails to furnish the required security within the time ordered by the court under Order XLI Rule 10(2)?

a) The appeal is dismissed with costs.

b) The appeal is rejected by the court.

c) The court orders the respondent to proceed with the case.

d) The appeal is transferred to another court.

#51. Who can request the appellate court to demand security for costs from the appellant?

a) The respondent

b) The trial court judge

c) The appellate court's registrar

d) The appellant’s lawyer

#52. What is the power conferred on the appellate court under Order XLI Rule 11 CPC?

a) To dismiss an appeal after sending notice to the lower court.

b) To dismiss an appeal without sending notice to the lower court or serving notice to the respondent.

c) To decide an appeal without hearing the appellant.

d) To transfer the appeal to another court.

#53. What must the appellate court do before dismissing an appeal under Order XLI Rule 11?

a) Send notice to the respondent and lower court.

b) Fix a day for hearing the appellant or his pleader and hear them if they appear.

c) Decide the case on merits without requiring any hearing.

d) Issue an ex parte decree in favor of the respondent.

#54. What happens if the appellant fails to appear on the day fixed for hearing under Order XLI Rule 11(b)?

a) The appeal is transferred to the trial court.

b) The appeal is dismissed by the appellate court.

c) The appellate court issues a final decree.

d) The appellate court adjourns the case indefinitely.

#55. How is the dismissal of an appeal under Order XLI Rule 11 notified?

a) It is communicated to the Supreme Court.

b) It is notified to the court from whose decree the appeal is preferred.

c) It is sent to the respondent directly.

d) It is not required to be notified.

#56. Which of the following is NOT a requirement for dismissal of an appeal under Order XLI Rule 11?

a) Sending notice to the lower court before dismissal.

b) Fixing a date for hearing the appellant or his pleader.

c) Dismissing the appeal if the appellant fails to appear on the fixed date.

d) Notifying the dismissal to the court from whose decree the appeal was preferred.

#57. What must the appellate court do if it does not dismiss the appeal under Rule 11?

a) Transfer the appeal to the lower court.

b) Fix a day for hearing the appeal.

c) Immediately decide the appeal on merits.

d) Notify the respondent to withdraw the appeal.

#58. What factors must the appellate court consider when fixing the day for hearing the appeal under Rule 12?

a) The convenience of the appellant only.

b) The availability of the lower court judge.

c) The current business of the court, the respondent's residence, and the time needed for service of notice.

d) The urgency of the case as determined solely by the appellate court.

#59. Why must the day for hearing the appeal be fixed with reference to the respondent’s residence and notice service time?

a) To ensure the respondent has sufficient time to appear and answer the appeal.

b) To prioritize the appellant’s convenience over other factors.

c) To expedite the case without notifying the respondent.

d) To avoid delays caused by court proceedings.

#60. What happens if the appellate court dismisses the appeal under Rule 11?

a) No day is fixed for the hearing of the appeal.

b) The court automatically sets a hearing date for review.

c) The appeal is transferred to the respondent for a response.

d) The court sends a notification to the trial court for further proceedings.

#61. When fixing a day for hearing the appeal, what is NOT a consideration under Rule 12?

a) The current business of the court.

b) The place of residence of the respondent.

c) The financial status of the appellant.

d) The time required for the service of notice of appeal.

#62. What is the appellate court required to do if the appeal is not dismissed under Rule 11?

a) Issue a final judgment in the case.

b) Send notice of the appeal to the court from whose decree the appeal is preferred.

c) Dismiss the appeal without notifying the lower court.

d) Immediately transfer the case records to the respondent.

#63. What must the court whose decree is appealed do upon receiving the notice of appeal?

a) Forward all material papers in the suit to the appellate court.

b) Summon both parties for further hearings.

c) Record the appeal in its own registry for further action.

d) Reject the notice if it deems the appeal unnecessary.

#64. When the appeal is from a court whose records are not deposited in the appellate court, what action is required?

a) The appellate court must send a request for the case file.

b) The lower court must send all material papers or those specifically requested by the appellate court.

c) The respondent must provide the required case documents.

d) The appellant must produce the case file.

#65. What can either party to the appeal request from the court whose decree is being appealed?

a) Copies of papers in the lower court relevant to the suit.

b) Immediate judgment in favor of the requesting party.

c) Permission to dismiss the appeal without cause.

d) Direct submission of papers to the appellate court without a formal application

#66. Who bears the expense of obtaining copies of documents from the lower court under Rule 13(3)?

a) The appellate court.

b) The lower court.

c) The party applying for the copies.

d) The respondent, as a default party.

#67. What is NOT a duty of the court whose decree is appealed when notified under Rule 13?

a) Send all material papers related to the suit to the appellate court.

b) Provide copies of specific papers requested by either party at their expense.

c) Dismiss the appeal on its own discretion.

d) Comply with the appellate court's specific requests for documents.

#68. Where shall the notice of the day fixed under Rule 12 be affixed?

a) In the Supreme Court

b) In the Appellate Court-house

c) In the Court from whose decree the appeal is preferred

d) In the respondent’s house

#69. Who receives the notice sent by the Appellate Court regarding the hearing of the appeal?

a) The local Bar Association

b) The Court from whose decree the appeal is preferred

c) The High Court Registrar

d) The District Collector

#70. How is the notice served on the respondent or his pleader in the Appellate Court?

a) By public announcement

b) By the manner provided for the service of summons on a defendant

c) By personal delivery by the judge

d) By publication in a newspaper

#71. What provisions apply to the service of notice under Rule 14?

a) Provisions applicable to summons and proceedings related to its service

b) Provisions of the Arbitration Act

c) Provisions under the Pakistan Penal Code

d) Provisions related to criminal trials

#72. What alternative option does the Appellate Court have regarding the service of notice?

a) It may cancel the appeal

b) It may itself cause the notice to be served on the respondent or his pleader

c) It may postpone the hearing indefinitely

d) It may transfer the case to another court

#73. At what stage of the appeal can the Appellate Court dispense with the service of notice on a respondent?

a) Only at the final hearing

b) Only at the time of admission of appeal

c) At any stage of the appeal

d) Only after evidence has been recorded

#74. On what grounds can the Appellate Court dispense with the service of notice on a respondent?

a) If the respondent did not appear at the hearing in the lower Court

b) If the respondent refused to accept the notice

c) If the respondent is a foreign national

d) If the respondent is unable to pay court fees

#75. Can the Appellate Court dispense with the service of notice on the legal representatives of a respondent?

a) Yes, if the original respondent also did not appear in the lower Court

b) No, legal representatives must always be served

c) Only if the respondent provides written consent

d) None of the above

#76. What alternative method can the Court use to notify the respondent if notice service is dispensed with?

a) By sending notice through SMS

b) By publishing notice in a newspaper or any other manner as directed

c) By sending a private investigator

d) By verbal communication only

#77. Does an order dispensing with service of notice prevent the respondent from contesting the appeal?

a) Yes, the respondent loses the right to contest

b) No, the respondent or legal representative can still appear to contest the appeal

c) Only if the court permits it

d) None of the above

#78. What must the notice to the respondent declare?

a) That the case will be dismissed if the respondent does not appear

b) That the respondent must file a written statement

c) That if the respondent does not appear, the appeal will be heard ex parte

d) That the appeal will be transferred to another court

#79. What happens if the respondent fails to appear in the Appellate Court on the fixed day?

a) The appeal will automatically be dismissed

b) The appeal will be heard ex parte

c) The respondent will be fined

d) The case will be referred back to the lower court

#80. Who is responsible for issuing the notice to the respondent?

a) The Supreme Court

b) The Bar Council

c) The Appellate Court

d) The Respondent’s Counsel

#81. What is the primary purpose of the notice under Order XLI Rule 15 CPC?

a) To inform the respondent about a fine

b) To ensure the respondent is aware that non-appearance will result in an ex parte hearing

c) To request the respondent to submit additional evidence

d) To confirm the appointment of a legal representative

#82. Who has the right to begin the arguments in an appeal?

a) The respondent

b) The appellant

c) The trial court judge

d) The legal representatives of both parties

#83. What happens if the appeal is not dismissed immediately after hearing the appellant? l

a) The respondent is given the opportunity to argue against the appea

b) The appellant is declared successful

c) The case is sent back to the trial court

d) The appellate court issues an automatic stay order

#84. If the respondent is heard against the appeal, what right does the appellant have?

a) The right to cross-examine the respondent

b) The right to present new evidence

c) The right to reply

d) The right to request a change of judge

#85. What happens if the appellant does not appear on the day fixed for the hearing?

a) The appeal is automatically allowed

b) The appeal is dismissed for non-prosecution

c) The case is transferred to another bench

d) The respondent is declared the winner

#86. What happens if the appellant does not appear on the day fixed for hearing?

a) The appeal is automatically decided in favor of the appellant

b) The Court may dismiss the appeal

c) The Court must adjourn the hearing

d) The appeal is transferred to the trial court

#87. Under what circumstances is an appeal heard ex parte?

a) If both the appellant and the respondent appear

b) If the respondent does not appear but the appellant does

c) If neither the appellant nor the respondent appears

d) If the respondent files a written statement

#88. If an appeal is dismissed due to the appellant’s non-appearance, can it be restored?

a) No, it is permanently dismissed

b) Yes, if the appellant provides a reasonable explanation and applies for restoration

c) Yes, but only if the respondent agrees

d) No, unless the Supreme Court intervenes

#89. When the appeal is called for hearing, who must appear?

a) Only the appellant

b) Only the respondent

c) Both the appellant and the respondent

d) Only the trial court judge

#90. Under what condition can the Court dismiss an appeal under Rule 18?

a) If the appellant fails to submit legal arguments

b) If the appellant fails to deposit the required costs for serving notice to the respondent

c) If the appellant does not file an application for adjournment

d) If the appellant refuses to cross-examine the respondent

#91. When can the Court still proceed with the appeal even if the notice has not been served on the respondent?

a) If the appellant submits an apology

b) If the trial court grants permission

c) If the respondent appears on the day of hearing despite not being served

d) If the appellant agrees to withdraw the case

#92. What is the primary reason for requiring the appellant to deposit a sum for service of notice?

a) To ensure timely communication of the hearing date to the respondent

b) To increase court revenue

c) To penalize the appellant for filing an appeal

d) To discourage filing of appeals

#93. What is the primary reason for requiring the appellant to deposit a sum for service of notice?

a) To ensure timely communication of the hearing date to the respondent

b) To increase court revenue

c) To penalize the appellant for filing an appeal

d) To discourage filing of appeals

#94. If the appellant fails to deposit the required costs within the fixed period, what action can the court take?

a) The Court may make an order that the appeal be dismissed

b) The Court may grant automatic relief to the appellant

c) The Court may summon the trial court judge for clarification

d) The Court must wait indefinitely for the appellant to deposit the amount

#95. Under what condition can the Court dismiss an appeal under Rule 18?

a) If the appellant fails to submit legal arguments

b) If the appellant fails to deposit the required costs for serving notice to the respondent

c) If the appellant does not file an application for adjournment

d) If the appellant refuses to cross-examine the respondent

#96. When can the Court still proceed with the appeal even if the notice has not been served on the respondent?

a) If the appellant submits an apology

b) If the trial court grants permission

c) If the respondent appears on the day of hearing despite not being served

d) If the appellant agrees to withdraw the case

#97. What is the primary reason for requiring the appellant to deposit a sum for service of notice?

a) To ensure timely communication of the hearing date to the respondent

b) To increase court revenue

c) To penalize the appellant for filing an appeal

d) To discourage filing of appeals

#98. If the appellant fails to deposit the required costs within the fixed period, what action can the court take?

a) The Court may make an order that the appeal be dismissed

b) The Court may grant automatic relief to the appellant

c) The Court may summon the trial court judge for clarification

d) The Court must wait indefinitely for the appellant to deposit the amount

#99. Under which circumstances can an appeal be re-admitted after dismissal for default?

a) If the appellant proves sufficient cause for non-appearance or failure to deposit the required amount

b) If the respondent consents to the re-admission

c) If the trial court reopens the case

d) If the appellant files a new suit

#100. Which rules allow for the dismissal of an appeal, making it eligible for re-admission under Rule 19?

a) Rule 9 and Rule 10

b) Rule 11(2), Rule 17, and Rule 18

c) Rule 21 and Rule 22

d) Rule 25 and Rule 26

#101. Who has the authority to re-admit an appeal dismissed for default?

a) The trial court

b) The Appellate Court

c) The High Court Chief Justice

d) The Bar Council

#102. What conditions may the Court impose while re-admitting an appeal?

a) Costs or any other terms it deems fit

b) A requirement for the appellant to file a new case

c) A restriction on presenting new evidence

d) An automatic stay order on the lower court’s decision

#103. Under what circumstances can the Court adjourn the hearing under Rule 20?

a) If the appellant requests additional time to submit arguments

b) If the Court finds that a person who was a party in the lower court but not in the appeal has an interest in the case

c) If the respondent fails to appear in court

d) If the case involves constitutional interpretation

#104. What action can the Court take if it identifies an interested party who has not been included in the appeal?

a) The Court may dismiss the appeal

b) The Court may adjourn the hearing and direct that the interested person be made a respondent

c) The Court may hear the appeal without considering the interested party

d) The Court must refer the case back to the trial court

#105. Who can be added as a respondent under Rule 20?

a) Any person interested in the appeal, even if they were not a party in the trial court

b) Only those who were parties to the original suit in the lower court

c) Any government official

d) Any advocate representing either party

#106. What is the primary purpose of Rule 20?

a) To ensure that all parties with an interest in the appeal are present and heard

b) To allow the appellant to withdraw the appeal

c) To reduce the number of parties involved in litigation

d) To allow the court to impose costs on the respondent

#107. Under Rule 21, Order XLI CPC 1908, in which circumstance can the respondent apply for a re-hearing of an ex parte appeal?

a) If the judgment was not in his favor

b) If the notice was not duly served

c) If the appeal was dismissed on merits

d) If the decree was passed in his presence

#108. Which court has the authority to re-hear an ex parte appeal under Rule 21, Order XLI CPC 1908?

a) The Trial Court

b) The Appellate Court

c) The District Court

d) The Supreme Court

#109. What must the respondent prove to the Appellate Court to seek a re-hearing of an ex parte appeal?

a) That he did not agree with the judgment

b) That the case should be transferred to another judge

c) That he was prevented by sufficient cause from appearing

d) That the opposing party committed fraud

#110. 1) What discretion does the Appellate Court have while granting a re-hearing of an ex parte appeal?

a) To dismiss the appeal without hearing

b) To impose terms and costs on the respondent

c) To transfer the case to another court

d) To refuse to hear the case at all

#111. Which section of the Limitation Act, 1908, applies to applications for re-hearing under Rule 21, Order XLI CPC?

a) Section 3

b) Section 5

c) Section 7

d) Section 9

#112. What is the time limit for filing a cross-objection in the Appellate Court under Rule 22, Order XLI CPC?

a) 15 days from the date of judgment

b) 30 days from the service of notice of appeal hearing

c) 90 days from the date of decree

d) No specific time limit

#113. In what form must the respondent’s cross-objection be filed in the Appellate Court?

a) Verbal argument before the court

b) A written affidavit

c) A memorandum of objection

d) A supplementary appeal

#114. Which rule applies to the form and contents of the memorandum of cross-objection under Rule 22?

a) Rule 1 of Order XLI CPC

b) Rule 10 of Order VI CPC

c) Rule 17 of Order IX CPC

d) Section 96 CPC

#115. What must a respondent include when filing a cross-objection?

a) A new appeal petition

b) A copy of the cross-objection served to the affected party or their pleader

c) A fresh application for review

d) No additional documents are required

#116. What happens if a respondent files a memorandum of objection and the original appeal is later withdrawn or dismissed?

a) The objection also gets dismissed

b) The objection may still be heard and determined

c) The respondent must file a fresh appeal

d) The court cannot entertain the objection

#117. The provisions relating to which type of appeals are also applicable to objections under Rule 22?

a) Criminal appeals

b) Execution appeals

c) Pauper appeals

d) Writ petitions

#118. Under Rule 23, Order XLI CPC 1908, when can the Appellate Court remand a case?

a) When the trial court has decided the case on merits

b) When the trial court has dismissed the suit in default

c) When the trial court has disposed of the suit on a preliminary point and the decree is reversed in appeal

d) When the trial court has granted a decree in favor of the plaintiff

#119. What can the Appellate Court direct while remanding a case under Rule 23, Order XLI CPC 1908? t

a) That the case be sent to the Supreme Cour

b) That a new judge must be assigned to the case

c) What issue or issues shall be tried in the case upon remand

d) That the original decree be enforced without a new trial

#120. Upon remanding the case, what must the Appellate Court send to the trial court?

a) A new decree replacing the previous one

b) A copy of its judgment and order with directions to re-admit the suit

c) A notice to both parties to restart the case from the beginning

d) A writ to the High Court for review

#121. How should the trial court treat the remanded case?

a) As a new suit with a fresh number

b) As a continuation under its original number in the civil suits register

c) As a rejected case

d) As an appeal case instead of a trial

#122. What happens to the evidence recorded during the original trial after the case is remanded?

a) It is entirely discarded, and new evidence must be recorded

b) It remains valid subject to just exceptions

c) It can be altered by the Appellate Court

d) It must be re-recorded by the trial court

#123. Under Rule 23A, Order XLI CPC 1908, when can the Appellate Court remand a case?

a) Only when the trial court has dismissed the suit on a preliminary point

b) When the trial court has disposed of the case otherwise than on a preliminary point, and the decree is reversed in appeal

c) When the trial court refuses to hear arguments

d) When the plaintiff voluntarily withdraws the suit

#124. How does Rule 23A differ from Rule 23 of Order XLI CPC?

a) Rule 23 applies only to cases disposed of on a preliminary point, while Rule 23A applies to cases disposed of otherwise than on a preliminary point

b) Rule 23A applies only to criminal cases

c) Rule 23A does not allow for a retrial, while Rule 23 does

d) Rule 23 is applicable only in the Supreme Court

#125. What power does the Appellate Court have under Rule 23A when remanding a case?

a) The same powers as it has under Rule 23 of Order XLI CPC

b) The power to change the judge of the trial court

c) The power to dismiss the case without retrial

d) The power to grant a final decree without hearing the parties

#126. What must the Appellate Court consider before remanding a case under Rule 23A?

a) Whether a retrial is necessary

b) Whether the parties are willing to settle

c) Whether new laws have been introduced

d) Whether the case can be sent directly to the Supreme Court

#127. What action does the trial court take after receiving an order of remand under Rule 23A?

a) It must restart the case as a new suit

b) It must continue the suit from the point where it was dismissed

c) It must proceed with the retrial according to the directions of the Appellate Court

d) It must forward the case to a higher court for review

#128. Under Rule 24, Order XLI CPC 1908, when can the Appellate Court determine the case finally?

a) Only when the trial court has issued a decree on a preliminary point

b) When the evidence on record is sufficient to enable the Appellate Court to pronounce judgment

c) Only if new evidence is introduced in the Appellate Court

d) When the trial court directs the Appellate Court to do so

#129. What step may the Appellate Court take before determining the suit finally under Rule 24?

a) Resettle the issues, if necessary

b) Call for new evidence from the trial court

c) Send the case back to the trial court for fresh hearing

d) Direct the parties to reach a settlement

#130. Can the Appellate Court determine the case on a different ground than the trial court under Rule 24?

a) No, it must follow the reasoning of the trial court

b) Yes, it may determine the suit finally even if the trial court’s judgment was based on a completely different ground

c) Only if both parties agree

d) Only if new evidence is presented at the appellate stage

#131. What is the primary purpose of Rule 24, Order XLI CPC?

a) To avoid unnecessary remand and ensure speedy justice when sufficient evidence is available

b) To allow the Appellate Court to conduct a fresh trial

c) To restrict the powers of the Appellate Court

d) To make retrial mandatory in all appeal cases

#132. Under Rule 24, what happens if the Appellate Court finds the evidence on record insufficient?

a) It must remand the case to the trial court for further proceedings

b) It must dismiss the appeal immediately

c) It must allow the introduction of new evidence in the appellate stage

d) It must refer the case to the Supreme Court

#133. Under Rule 24, Order XLI CPC 1908, when can the Appellate Court finally determine a case?

a) Only when the trial court has issued a decree on a preliminary point

b) When the evidence on record is sufficient to enable the Appellate Court to pronounce judgment

c) Only if new evidence is introduced in the Appellate Court

d) When the trial court directs the Appellate Court to do so

#134. Before determining the suit finally under Rule 24, what step may the Appellate Court take?

a) Resettle the issues, if necessary

b) Call for new evidence from the trial court

c) Send the case back to the trial court for fresh hearing

d) Direct the parties to reach a settlement

#135. Can the Appellate Court decide the case on a different ground than the trial court under Rule 24?

a) No, it must follow the reasoning of the trial court

b) Yes, it may determine the suit finally even if the trial court’s judgment was based on a completely different ground

c) Only if both parties agree

d) Only if new evidence is presented at the appellate stage

#136. What is the primary purpose of Rule 24, Order XLI CPC?

a) To avoid unnecessary remand and ensure speedy justice when sufficient evidence is available

b) To allow the Appellate Court to conduct a fresh trial

c) To restrict the powers of the Appellate Court

d) To make retrial mandatory in all appeal cases

#137. Under Rule 24, what happens if the Appellate Court finds the evidence on record insufficient?

a) It must remand the case to the trial court for further proceedings

b) It must dismiss the appeal immediately

c) It must allow the introduction of new evidence in the appellate stage

d) It must refer the case to the Supreme Court

#138. Under Order XLI CPC, when may an Appellate Court frame issues and refer them to the trial court?

a) When the trial court has omitted to frame or try any essential issue

b) Only when a party applies for framing new issues

c) When the appeal is against an interlocutory order

d) When the case has been dismissed for default

#139. What must the trial court do after receiving referred issues from the Appellate Court?

a) Take additional evidence, try the issues, and return findings with reasons

b) Send the case back to the appellate court for fresh arguments

c) Decide the case afresh without referring it back to the appellate court

d) Declare the previous judgment invalid

#140. What happens if the Appellate Court finds that an essential question of fact was not determined by the trial court?

a) The Appellate Court may refer the matter back for trial of that questio

b) The Appellate Court must dismiss the appeal

c) The Appellate Court must hear fresh arguments and decide without reference

d) The case must be retried completely in the Appellate Court

Finish