Order 45 MCQ Quiz - Objective Question with Answer for Order 45 - Download Free PDF

The correct answer is ‘Order 45 of the Code of Civil Procedure, 1908’

Key Points

• Decree and Final Order under Order 45:
  • The term “Decree” as defined under Section 2(2) of the Code of Civil Procedure, 1908, refers to the formal expression of an adjudication that conclusively determines the rights of the parties concerning the matter in dispute.
  • Order 45 specifically deals with the procedure for appeals to the Supreme Court, including orders that are final and conclusive in nature.
  • Under the rules of Order 45, a final order that conclusively determines the rights of the parties can be included under the expression “Decree.” This is significant when determining appeals to the Supreme Court.

correct answer is a final order.

Key Points According to Order XLV Rule I of the CPC, In this Order, unless there is something repugnant in the subject or context, the expression "decree" shall include a final Order.

ORDER XLV
APPEALS TO THE SUPREME COURT

Definition of "Decree":—In this Order, unless otherwise indicated by the subject or context, the term “decree” includes a final order.

Application Process:
(1) Any person wishing to appeal to the Supreme Court must submit a petition to the court whose decree is being challenged.
(2) Every petition submitted under sub-rule (1) should be heard as quickly as possible, with an aim to conclude the process within sixty days from the date the petition is presented.

Certificate Regarding Value or Fitness:
(1) Every petition must state the grounds for appeal and request a certificate:
(i) affirming that the case involves a substantial question of law of general importance, and
(ii) indicating that, in the Court's opinion, this question needs to be decided by the Supreme Court.
(2) Upon receiving such a petition, the Court will notify the opposite party to explain why the certificate should not be granted.

The correct answer is ‘Order 45 of the Code of Civil Procedure, 1908’

Key Points

• Decree and Final Order under Order 45:
  • The term “Decree” as defined under Section 2(2) of the Code of Civil Procedure, 1908, refers to the formal expression of an adjudication that conclusively determines the rights of the parties concerning the matter in dispute.
  • Order 45 specifically deals with the procedure for appeals to the Supreme Court, including orders that are final and conclusive in nature.
  • Under the rules of Order 45, a final order that conclusively determines the rights of the parties can be included under the expression “Decree.” This is significant when determining appeals to the Supreme Court.

correct answer is a final order.

Key Points According to Order XLV Rule I of the CPC, In this Order, unless there is something repugnant in the subject or context, the expression "decree" shall include a final Order.

ORDER XLV
APPEALS TO THE SUPREME COURT

Definition of "Decree":—In this Order, unless otherwise indicated by the subject or context, the term “decree” includes a final order.

Application Process:
(1) Any person wishing to appeal to the Supreme Court must submit a petition to the court whose decree is being challenged.
(2) Every petition submitted under sub-rule (1) should be heard as quickly as possible, with an aim to conclude the process within sixty days from the date the petition is presented.

Certificate Regarding Value or Fitness:
(1) Every petition must state the grounds for appeal and request a certificate:
(i) affirming that the case involves a substantial question of law of general importance, and
(ii) indicating that, in the Court's opinion, this question needs to be decided by the Supreme Court.
(2) Upon receiving such a petition, the Court will notify the opposite party to explain why the certificate should not be granted.