Code Of Civil Procedure - Study Mode

[#1226] In a suit for money a decree is passed by consent whereby the defendant is directed to pay to the plaintiff Rs. 35,000. It is further declared by the decree that the plaintiff should have a first charge on certain immovable property belonging to the defendant. Is the plaintiff entitled to have the property sold in execution of the decree without institution a regular suit for sale on the charge?
Correct Answer

(A) Yes, because there being no mortgage or charge prior to the decree, the decree cannot be said to have been obtained 'for the payment of money in satisfaction of a claim arising under the mortgage' within the meaning of O. 34 r 14

[#1227] Which of the followings is a leading case on the exclusion of the jurisdiction of Civil Courts?
Correct Answer

(A) Dhulabhai v. State of Madhya Pradesh

[#1228] "Recording of evidence can be done with the help of electronic media, audio or audio visual", which was affirmed by the Supreme Court in case of Salem Advocate Bar Association, Tamil Nadu v. Union of India pertains to the year
Correct Answer

(C) 2003

[#1229] Affidavits to be filed in a Court can be
Correct Answer

(C) Authenticated by a Judge, a Magistrate or a Notary

[#1230] Which provision deals with determination of questions relating to discharge, satisfaction etc. of the decree?
Correct Answer

(C) Section 47 of the Civil Procedure Code