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✓

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✓

Cross-examination of witnesses is part of trial governed by

1. AOrder XXI only✓
2. Bsection 115✓
3. COrder XVIII CPC and QSO Order of examination✓
4. DOrder VII Rule 11✓

Re-examination is permitted on matters arising out of cross-examination under

1. AOrder XXXIX Rule 1✓
2. Bsection 10✓
3. CArticle 132 read with Article 133 QSO and CPC trial practice✓
4. DOrder V Rule 1✓

Order XX CPC deals with

1. Ajudgment and decree✓
2. Bsummons only✓
3. Cexecution attachment only✓
4. Dsecond appeal memo✓

A preliminary decree may be passed in suits for

1. Asimple money claims always finally decided in one stage✓
2. Bevery suit without exception✓
3. Caccounts, mesne profits, partition and similar cases✓
4. Dcriminal compensation only✓

Order XLI CPC governs

1. Aexecution applications✓
2. Bplaint rejection only✓
3. Cappeals from original decrees✓
4. Dreview petitions✓

Memorandum of appeal must under Order XLI contain

1. Aonly oral prayer✓
2. Bonly new evidence without grounds✓
3. Conly witness list of trial✓
4. Dgrounds of objection to decree appealed from✓

Section 100-A and related amendments emphasize that second appeal

1. Ais always available on questions of fact✓
2. Bcannot be treated as routine re-hearing on facts✓
3. Creplaces first appeal✓
4. Deliminates High Court jurisdiction✓

Stay of execution pending appeal may be granted under

1. AOrder XLI Rule 5 read with section 52 Limitation Act principles✓
2. Bautomatically in every appeal✓
3. Cnever in any case✓
4. Donly by Supreme Court in all cases✓

Order XXII in execution context may require bringing

1. Apolice officers✓
2. Blegal representatives of deceased judgment debtor on record✓
3. Cforeign ambassadors only✓
4. Dall witnesses✓

Resistance to execution may be dealt with under

1. AOrder VII Rule 11✓
2. Bsection 96✓
3. COrder VIII Rule 1✓
4. DOrder XXI Rule 97 onwards✓

Delivery of immovable property in execution follows

1. AOrder XXXIX Rule 1✓
2. BOrder XXI Rules 35–36✓
3. Csection 114✓
4. DOrder V Rule 20✓

Garnishee proceedings to attach debts due to judgment debtor are under

1. AOrder VII Rule 11✓
2. Bsection 10✓
3. COrder XIV Rule 1✓
4. DOrder XXI Rule 46✓

Injunction against breach during pendency may also involve

1. Aonly criminal bail provisions✓
2. Bonly Order XXI✓
3. Conly section 115✓
4. DOrder XXXIX read with section 94 CPC inherent powers✓

Section 94 CPC enumerates supplemental proceedings such as

1. Aregistration of marriages only✓
2. BFIR registration✓
3. Cpassport cancellation✓
4. Darrest, attachment, injunction, appointment of receiver, and such other orders✓

Order IX CPC concerns

1. Aappearance of parties and consequence of non-appearance✓
2. Bexecution sale only✓
3. Csecond appeal✓
4. Dforeign judgment✓

Setting aside ex parte decree is provided under

1. AOrder VII Rule 11✓
2. Bsection 100✓
3. COrder IX Rule 13 CPC✓
4. DOrder XXI Rule 10✓

Abatement of suit on death of party is under

1. AOrder XVII✓
2. Bsection 96✓
3. COrder XXII CPC✓
4. DOrder XXXIX✓

Costs in suits and appeals are generally governed by

1. Asections 35–35-B CPC✓
2. Bsection 115 alone✓
3. COrder XXI Rule 2 only✓
4. DPPC section 302✓

Order XLVII time for review application is generally

1. Aten years✓
2. Bthirty days from decree/order subject to extension✓
3. Cno limitation ever✓
4. Donly before judgment signing✓

Section 115 revision is not available where

1. Adecree is totally absent✓
2. Ban appeal lies to the High Court or other statutory appeal exists unless appeal not filed properly in some contexts✓
3. Ccourt is civil judge✓
4. Dparties compromise✓

Order XXI Rule 11 requires every application for execution to

1. Abe oral only before police✓
2. Binclude criminal charges✓
3. Cset out particulars required such as decree details and relief sought✓
4. Domit judgment debtor name✓

Sale of attached immovable property in execution follows

1. AOrder XXI Rules 66–73✓
2. BOrder VII Rule 11✓
3. Csection 114✓
4. DOrder V Rule 1✓

Temporary injunction may be dissolved or varied under

1. Aonly after ten years✓
2. BOrder XXXIX Rule 4 CPC✓
3. Conly in criminal trial✓
4. DOrder XXI Rule 37✓

An appeal against an order granting temporary injunction generally lies under

1. Asection 104(1)(ff) read with Order XLIII Rule 1(r)✓
2. Bsection 96 from every decree only✓
3. Csection 115 always as of right✓
4. Dno appeal or revision ever✓

Framing of issues is governed by

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