Order 42 MCQ Quiz - Objective Question with Answer for Order 42 - Download Free PDF
Last updated on Jun 3, 2025
Latest Order 42 MCQ Objective Questions
Order 42 Question 1:
Order 42 of the Civil Procedure Code 1908 deals with the:-
Answer (Detailed Solution Below)
Order 42 Question 1 Detailed Solution
The correct answer is Appeal from appellate decrees
Key Points
- Order 42 of the Civil Procedure Code (CPC), 1908 specifically deals with appeals from appellate decrees.
- It provides the procedure and rules governing appeals filed against decrees passed by lower appellate courts.
- It ensures that parties dissatisfied with an appellate court's decree can challenge the decision in a higher court.
- The order lays down the time limits, contents of the appeal, and other procedural requirements for such appeals.
- The purpose is to maintain a structured hierarchy of appeals to ensure justice and legal scrutiny at multiple levels.
Additional Information
- Option 1. Appeal to Supreme Court: Appeals to the Supreme Court are governed by special provisions and not by Order 42.
- Option 2. Appeal by indigent person: Covered under Order 33 CPC, not Order 42.
- Option 4. Appeal against orders: Appeals against orders are governed by Order 43 CPC, not Order 42.
Order 42 Question 2:
Order 42 of the Code of Civil Procedure deals with :
Answer (Detailed Solution Below)
Order 42 Question 2 Detailed Solution
The correct answer is Option 4
Key PointsExplanation- ORDER XLII OF CIVIL PROCEDURE CODE – APPEALS FROM APPELLATE DECREES Procedure- The rules of Order XLI shall apply, so far as may be, to appeals from appellate decrees. Power of Court to direct that the appeal be heard on the question formulated by it- At the time of making an order under rule 11 of Order XLI for the hearing of a second appeal, the Court shall formulate the substantial question of law as required by section 100 and in doing so, the Court may direct that the second appeal be heard on the question so formulated and it shall not be open to the appellant to urge any other ground in the appeal without the leave of the Court, given in accordance with the provision of section 100. Application of rule 14 of Order XLI- Reference in sub-rule (4) of rule 14 of Order XLI to the Court of first instance shall, in the case of an appeal from an appellate decree or order, be construed as a reference to the Court to which the appeal was preferred from the original decree or order.
Order 42 Question 3:
Second appeal under section 100 is applicable:
Answer (Detailed Solution Below)
Order 42 Question 3 Detailed Solution
The correct answer is Option 1.
Key PointsSection 100 of CPC: Second Appeal
- (1) Save as otherwise expressly provided in the body of this Code or by any other law for the time being in force, an appeal shall lie to the High Court from every decree passed in appeal by any Court subordinate to the High Court, if the High Court is satisfied that the case involves a substantial question of law.
- (2) An appeal may lie under this section from an appellate decree passed ex-parte.
- (3) In an appeal under this section, the memorandum of appeal shall precisely state the substantial question of law involved in the appeal.
- (4) Where the High Court is satisfied that a substantial question of law is involved in any case, it shall formulate that question.
- (5) The appeal shall be heard on the question so formulated and the respondent shall, at the hearing of the appeal, be allowed to argue that the case does not involve such question:
Provided that nothing in this sub-section shall be deemed to take away or abridge the power of the Court to hear, for reasons to be recorded, the appeal on any other substantial question of law, not formulated by it, if it is satisfied that the case involves such question.
Additional Information
- Section 102 reads as “No second appeal in certain suits – No second appeal shall lie in any suit of the nature cognizable by Courts of Small Causes when the amount or value of the subject-matter of the original suit does not exceed three thousand rupees.”
Top Order 42 MCQ Objective Questions
Order 42 Question 4:
Order 42 of the Civil Procedure Code 1908 deals with the:-
Answer (Detailed Solution Below)
Order 42 Question 4 Detailed Solution
The correct answer is Appeal from appellate decrees
Key Points
- Order 42 of the Civil Procedure Code (CPC), 1908 specifically deals with appeals from appellate decrees.
- It provides the procedure and rules governing appeals filed against decrees passed by lower appellate courts.
- It ensures that parties dissatisfied with an appellate court's decree can challenge the decision in a higher court.
- The order lays down the time limits, contents of the appeal, and other procedural requirements for such appeals.
- The purpose is to maintain a structured hierarchy of appeals to ensure justice and legal scrutiny at multiple levels.
Additional Information
- Option 1. Appeal to Supreme Court: Appeals to the Supreme Court are governed by special provisions and not by Order 42.
- Option 2. Appeal by indigent person: Covered under Order 33 CPC, not Order 42.
- Option 4. Appeal against orders: Appeals against orders are governed by Order 43 CPC, not Order 42.
Order 42 Question 5:
Order 42 of the Code of Civil Procedure deals with :
Answer (Detailed Solution Below)
Order 42 Question 5 Detailed Solution
The correct answer is Option 4
Key PointsExplanation- ORDER XLII OF CIVIL PROCEDURE CODE – APPEALS FROM APPELLATE DECREES Procedure- The rules of Order XLI shall apply, so far as may be, to appeals from appellate decrees. Power of Court to direct that the appeal be heard on the question formulated by it- At the time of making an order under rule 11 of Order XLI for the hearing of a second appeal, the Court shall formulate the substantial question of law as required by section 100 and in doing so, the Court may direct that the second appeal be heard on the question so formulated and it shall not be open to the appellant to urge any other ground in the appeal without the leave of the Court, given in accordance with the provision of section 100. Application of rule 14 of Order XLI- Reference in sub-rule (4) of rule 14 of Order XLI to the Court of first instance shall, in the case of an appeal from an appellate decree or order, be construed as a reference to the Court to which the appeal was preferred from the original decree or order.
Order 42 Question 6:
Second appeal under section 100 is applicable:
Answer (Detailed Solution Below)
Order 42 Question 6 Detailed Solution
The correct answer is Option 1.
Key PointsSection 100 of CPC: Second Appeal
- (1) Save as otherwise expressly provided in the body of this Code or by any other law for the time being in force, an appeal shall lie to the High Court from every decree passed in appeal by any Court subordinate to the High Court, if the High Court is satisfied that the case involves a substantial question of law.
- (2) An appeal may lie under this section from an appellate decree passed ex-parte.
- (3) In an appeal under this section, the memorandum of appeal shall precisely state the substantial question of law involved in the appeal.
- (4) Where the High Court is satisfied that a substantial question of law is involved in any case, it shall formulate that question.
- (5) The appeal shall be heard on the question so formulated and the respondent shall, at the hearing of the appeal, be allowed to argue that the case does not involve such question:
Provided that nothing in this sub-section shall be deemed to take away or abridge the power of the Court to hear, for reasons to be recorded, the appeal on any other substantial question of law, not formulated by it, if it is satisfied that the case involves such question.
Additional Information
- Section 102 reads as “No second appeal in certain suits – No second appeal shall lie in any suit of the nature cognizable by Courts of Small Causes when the amount or value of the subject-matter of the original suit does not exceed three thousand rupees.”