Showing Mcqs of Civil-Procedure-Code -- (286)

61. As per section 47 of the Code of Civil Procedure, 1908, all questions arising between the parties to the suit relating to execution, discharge or satisfaction of the degree shall be determined by __________________. 

A. Administrative court

B. A separate suit

C. A special court

D. The court executing the decree

62. Section 47 of CPC amounts to ____________ on the fresh suit.  

A. Exception

B. BAR

C. No BAR

D. None of these

63. For determination of arising question during execution, a separate suit may be ________________ for quicker relief 

A. Instituted

B. Not be instituted

C. Allowed

D. None of these

64. Court may, subject to any objection as to limitation or jurisdiction, treat a proceeding under section 47(2) of the C.P.C as a suit or a suit as a proceeding and may, if necessary, order: 

A. Adjustment of any charges

B. Payment of any additional court fees

C. Payment of default surcharge

D. Payment of any penalty

65. According to section 47 of CPC, questions arising pertaining __________________ shall be determined by executing court 

A. Execution

B. Discharge of decree

C. Satisfaction of decree

D. All of these

66. As per Section 47(1) of The Code of Civil Procedure 1908, all questions arising __________________ in which the decree was passed, or their representatives, and relating to the execution, discharge, or satisfaction of the decree, shall be determined by the Court executing the decree and not by a separate suit.  

A. Between the legal heirs of a party

B. Between the parties to the suit

C. From the claimant to the suit

D. From the respondent to the suit

67. As per Section 47(2) of the Code of Civil Procedure 1908, the Court may, subject to _________________ objection as to limitation or jurisdiction, treat a proceeding under this section as a suit or a suit as a proceeding and may, if necessary, order payment of any additional court-fees.  

A. Any

B. Factual

C. Legal

D. Technical

68. The civil court may issue a commission for the purpose of ________________. 

A. Examination of any person

B. Making local investigation

C. Making partition

D. All of these

69. As per section 75 of the Code of Civil Procedure, 1908, subject to such conditions and limitations as may be prescribed by the Court, the Court may issue a commission of all the following EXCЕРТ: 

A. To examine any person

B. To issue decree

C. To make a local investigation

D. To make a partition

70. Commission may be issued by civil court under section 75 CPC for examination of ____________________ . 

A. Sick and infirm person

B. Parda Nasheen Woman

C. Any Govt. servant

D. All of these