Order 17 MCQ Quiz - Objective Question with Answer for Order 17 - Download Free PDF

The correct answer is 'Granting of time to the party/parties to a suit and adjournment of hearing of a suit'

Key Points

• Order XVII Rule 1 of the C.P.C.:
  • This provision deals specifically with the procedural aspect of granting time and adjournments in civil suits.
  • The court has the discretion to grant time to either party for various purposes, such as filing documents, preparing arguments, or any other necessary activities.
  • It also allows the court to adjourn hearings to a future date, providing flexibility in managing the proceedings of the case.

Additional Information

• Examination of witnesses:
  • This aspect is covered under different sections and orders of the Civil Procedure Code, specifically Order XVIII, which deals with the hearing of suits and examination of witnesses.
  • Order XVIII outlines the manner and order in which witnesses are to be examined during the trial process.
• Arbitration:
  • Arbitration is an alternative dispute resolution mechanism that is governed by the Arbitration and Conciliation Act, 1996 in India.
  • This process is outside the purview of the Civil Procedure Code and is specifically designed to resolve disputes without going to court.
• Filing of affidavit:
  • Filing of affidavits is addressed under different provisions in the C.P.C. and other related rules, particularly Order XIX, which deals with affidavits.
  • Order XIX specifies the situations and procedures for submitting affidavits in the court.

The correct option is Option 2.

Key Points

• Order XVII, Rule 2 of CPC (Code of Civil Procedure):
  • This rule pertains to the adjournment of the hearing of the suit.
  • Rule 2: It allows the court to grant an adjournment of the hearing on the application of either party and under certain circumstances.
  • The court may impose costs on the party seeking the adjournment.
• Order XVII, Rule 3 of CPC:
  • This rule deals with the consequences of non-appearance of parties.
  • If, on any day to which the hearing of the suit is adjourned, the parties or any of them fail to appear, the court may proceed to dispose of the suit in one of the modes specified in the rule.
  • The court may either dismiss the suit for default or proceed to hear and decide it on merits.

The correct answer is option 2.Key Points

• Order 17 under C.P.C. 1908 deals with Adjournments.
• Rule 1 of O.17 says the court may, if sufficient cause is shown, at any stage of the suit grant time to the parties or to any of them, and may from time to time adjourn the hearing of the suit for reasons to be recorded in writing.
• But no such adjournment shall be granted more than three time to a party during hearing of the suit.
• Rule 2 states in every such case the Court shall fix a day for the further hearing of the suit, and shall make such orders as to costs occasioned by the adjournment or such higher costs as the court deems fit.

The correct answer is Option 3

Key Points

Explanation: According to Order XVII, Rule 1(2) of the Code of Civil Procedure, 1908, Cost of adjournment:- In every such case the Court shall fix a day for the further hearing of the suit, and shall make such orders as to costs occasioned by the adjournment or such higher costs as the Court deems fit

The correct option is Option 2.

Key Points

• Order XVII, Rule 2 of CPC (Code of Civil Procedure):
  • This rule pertains to the adjournment of the hearing of the suit.
  • Rule 2: It allows the court to grant an adjournment of the hearing on the application of either party and under certain circumstances.
  • The court may impose costs on the party seeking the adjournment.
• Order XVII, Rule 3 of CPC:
  • This rule deals with the consequences of non-appearance of parties.
  • If, on any day to which the hearing of the suit is adjourned, the parties or any of them fail to appear, the court may proceed to dispose of the suit in one of the modes specified in the rule.
  • The court may either dismiss the suit for default or proceed to hear and decide it on merits.

The correct answer is option 2.Key Points

• Order 17 under C.P.C. 1908 deals with Adjournments.
• Rule 1 of O.17 says the court may, if sufficient cause is shown, at any stage of the suit grant time to the parties or to any of them, and may from time to time adjourn the hearing of the suit for reasons to be recorded in writing.
• But no such adjournment shall be granted more than three time to a party during hearing of the suit.
• Rule 2 states in every such case the Court shall fix a day for the further hearing of the suit, and shall make such orders as to costs occasioned by the adjournment or such higher costs as the court deems fit.

The correct answer is 'Granting of time to the party/parties to a suit and adjournment of hearing of a suit'

Key Points

• Order XVII Rule 1 of the C.P.C.:
  • This provision deals specifically with the procedural aspect of granting time and adjournments in civil suits.
  • The court has the discretion to grant time to either party for various purposes, such as filing documents, preparing arguments, or any other necessary activities.
  • It also allows the court to adjourn hearings to a future date, providing flexibility in managing the proceedings of the case.

Additional Information

• Examination of witnesses:
  • This aspect is covered under different sections and orders of the Civil Procedure Code, specifically Order XVIII, which deals with the hearing of suits and examination of witnesses.
  • Order XVIII outlines the manner and order in which witnesses are to be examined during the trial process.
• Arbitration:
  • Arbitration is an alternative dispute resolution mechanism that is governed by the Arbitration and Conciliation Act, 1996 in India.
  • This process is outside the purview of the Civil Procedure Code and is specifically designed to resolve disputes without going to court.
• Filing of affidavit:
  • Filing of affidavits is addressed under different provisions in the C.P.C. and other related rules, particularly Order XIX, which deals with affidavits.
  • Order XIX specifies the situations and procedures for submitting affidavits in the court.

The correct answer is Lachman Dass v. Jagat Ram

Key Points

• Supreme Court’s Holding:
  • In Lachman Dass v. Jagat Ram, the Supreme Court emphasized that once the hearing of a suit commences, it must be continued from day to day until all witnesses in attendance have been examined.
• Legal Provision Involved:
  • The judgment reinforces the mandate under Order 17 Rule 1(2) of the Code of Civil Procedure, 1908, which discourages unnecessary adjournments.
• Objective:
  • The ruling aims to curb delay tactics and ensure speedy justice, thereby strengthening procedural discipline in civil trials.
• Court’s Observation:
  • The Court held that delay in proceedings undermines the justice delivery system, and therefore, trials should proceed without unnecessary breaks once started.

Additional Information

• Option 1. M.V. Shastry v. Gopalkrishna Bhat: Incorrect – This case dealt with issues unrelated to day-to-day hearing requirements.
• option 2. Ram Narang v. Ramesh Narang: Incorrect – Related to family/business disputes, not procedural mandates on continuous hearing.
• Option 4. Bajaj Auto Ltd. v. TVS Motor Co.: Incorrect – Focused on patent infringement and injunctions, not civil trial procedure

The correct option is Option 2.

Key Points

• Order XVII, Rule 2 of CPC (Code of Civil Procedure):
  • This rule pertains to the adjournment of the hearing of the suit.
  • Rule 2: It allows the court to grant an adjournment of the hearing on the application of either party and under certain circumstances.
  • The court may impose costs on the party seeking the adjournment.
• Order XVII, Rule 3 of CPC:
  • This rule deals with the consequences of non-appearance of parties.
  • If, on any day to which the hearing of the suit is adjourned, the parties or any of them fail to appear, the court may proceed to dispose of the suit in one of the modes specified in the rule.
  • The court may either dismiss the suit for default or proceed to hear and decide it on merits.

The correct answer is Option 3

Key Points

Explanation: According to Order XVII, Rule 1(2) of the Code of Civil Procedure, 1908, Cost of adjournment:- In every such case the Court shall fix a day for the further hearing of the suit, and shall make such orders as to costs occasioned by the adjournment or such higher costs as the Court deems fit