Order 48 MCQ Quiz - Objective Question with Answer for Order 48 - Download Free PDF

The correct answer is 'Order XLVII Rule 1'.

Key Points

• Section 114 of the Code of Civil Procedure, 1908:
  • Section 114 provides the statutory provision for the review of a judgment, decree, or order by the same court that passed it.
  • The provision allows any party aggrieved by a court's decision to seek a review if certain conditions are met, such as discovery of new evidence or an error apparent on the face of the record.
• Order XLVII Rule 1:
  • This rule elaborates on the procedure and grounds for filing a review petition under Section 114.
  • It specifies that a review can be sought in cases of:
    • Discovery of new and important matter or evidence that could not be produced earlier despite due diligence.
    • An error apparent on the face of the record.
    • Any other sufficient reason as recognized by the court.
  • Thus, Section 114 and Order XLVII Rule 1 are closely interlinked, with the latter providing the procedural details for implementing the former.

Additional Information

• Why other options are incorrect:
  • Order XLVI Rule 1:
    • Order XLVI deals with references made by subordinate courts to the High Court on questions of law.
    • It is unrelated to the review of judgments and hence does not apply to Section 114.
  • Order XLVIII Rule 1:
    • Order XLVIII pertains to miscellaneous matters, such as the use of forms in legal proceedings.
    • It has no connection with the review of decrees or orders under Section 114.
  • Order XLV Rule 1:
    • Order XLV is related to appeals to the Supreme Court, dealing with procedures for filing appeals in certain cases.
    • It does not address the topic of reviewing judgments, decrees, or orders.
• Significance of Section 114 and Order XLVII Rule 1:
  • These provisions ensure justice by allowing a court to rectify errors or consider new evidence, thereby upholding fairness in judicial decisions.
  • The review process is an essential mechanism to address grievances without resorting to appeals, saving time and resources.

The correct answer is Option 4.

Key PointsSection 153A. of  the Code of Civil Procedure, 1908.
Power to amend decree or order where appeal is summarily dismissed.—

• Where an Appellate Court dismisses an appeal under rule 11 of Order XLI, the power of the Court to amend, under section 152,
• the decree or order appealed against may be exercised by the Court which had passed the decree or order in the first instance,
• notwithstanding that the dismissal of the appeal has the effect of confirming the decree or order, as the case may be, passed by the Court of first instance.
• This Section was inserted by Act 104 of 1976.

The correct option is Option 2.

Key Points

• Section 151 of the Civil Procedure Code:-
  • This section deals with the saving of the inherent powers of the Court.
  • It states that nothing in this Code shall be deemed to limit or otherwise affect the inherent power of the Court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the Court.
  • This section does not confer any substantive rights on parties but is meant to get over the difficulties arising from rules of procedure.
  • Case: Ram Chand v. Kanhaiyalal (1966)
    • The Supreme Court held that the inherent powers under Section 151 of CPC can also be exercised to prevent the abuse of the process of court.

The correct answer is Option 3

Key Points

Additional Information

•  ORDER XXIII deals with Withdrawal and Adjustment of Suit
• ORDER XXIV deals with Payment into Court

The correct answer is option 2.Key Points

• Section 152 of Civil Procedure Code 1908 deals with amendment of judgments, decrees or orders.
• It says clerical or arithmetical mistakes in judgments, decrees or orders or errors arising therein from any accidental slip or omission may at any time be corrected by the Court either of its own motion or on the application of any of the parties.

Additional Information

• Section​ 153 deals with general power to amend.
• It says the Court may at any time, and on such terms as to costs or otherwise as it may think fit, amend any defect or error in any proceeding in a suit; and all necessary amendments shall be made for the purpose of determining the real question or issue raised by or depending on such proceeding
• Section 151 deals with Saving of inherent powers of Court.
• Nothing in this Code shall be deemed to limit or otherwise affect the inherent power of the Court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the Court.

The correct answer is Option 3

Key Points

Additional Information

•  ORDER XXIII deals with Withdrawal and Adjustment of Suit
• ORDER XXIV deals with Payment into Court

The correct answer is option 4.

 Key Points

• Section 132 of CPC says (1) Women who, according to the customs and manners of the country, ought not to be compelled to appear in public shall be exempt from personal appearance in Court.
• Nothing herein contained shall be deemed to exempt such women from arrest in execution of civil process in any case in which the arrest of women is not prohibited by this Code. 

The correct answer is option 2.Key Points

• Section 152 of Civil Procedure Code 1908 deals with amendment of judgments, decrees or orders.
• It says clerical or arithmetical mistakes in judgments, decrees or orders or errors arising therein from any accidental slip or omission may at any time be corrected by the Court either of its own motion or on the application of any of the parties.

Additional Information

• Section​ 153 deals with general power to amend.
• It says the Court may at any time, and on such terms as to costs or otherwise as it may think fit, amend any defect or error in any proceeding in a suit; and all necessary amendments shall be made for the purpose of determining the real question or issue raised by or depending on such proceeding
• Section 151 deals with Saving of inherent powers of Court.
• Nothing in this Code shall be deemed to limit or otherwise affect the inherent power of the Court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the Court.

The correct answer is 'Order XLVII Rule 1'.

Key Points

• Section 114 of the Code of Civil Procedure, 1908:
  • Section 114 provides the statutory provision for the review of a judgment, decree, or order by the same court that passed it.
  • The provision allows any party aggrieved by a court's decision to seek a review if certain conditions are met, such as discovery of new evidence or an error apparent on the face of the record.
• Order XLVII Rule 1:
  • This rule elaborates on the procedure and grounds for filing a review petition under Section 114.
  • It specifies that a review can be sought in cases of:
    • Discovery of new and important matter or evidence that could not be produced earlier despite due diligence.
    • An error apparent on the face of the record.
    • Any other sufficient reason as recognized by the court.
  • Thus, Section 114 and Order XLVII Rule 1 are closely interlinked, with the latter providing the procedural details for implementing the former.

Additional Information

• Why other options are incorrect:
  • Order XLVI Rule 1:
    • Order XLVI deals with references made by subordinate courts to the High Court on questions of law.
    • It is unrelated to the review of judgments and hence does not apply to Section 114.
  • Order XLVIII Rule 1:
    • Order XLVIII pertains to miscellaneous matters, such as the use of forms in legal proceedings.
    • It has no connection with the review of decrees or orders under Section 114.
  • Order XLV Rule 1:
    • Order XLV is related to appeals to the Supreme Court, dealing with procedures for filing appeals in certain cases.
    • It does not address the topic of reviewing judgments, decrees, or orders.
• Significance of Section 114 and Order XLVII Rule 1:
  • These provisions ensure justice by allowing a court to rectify errors or consider new evidence, thereby upholding fairness in judicial decisions.
  • The review process is an essential mechanism to address grievances without resorting to appeals, saving time and resources.

The correct answer is Option 4.

Key PointsSection 153A. of  the Code of Civil Procedure, 1908.
Power to amend decree or order where appeal is summarily dismissed.—

• Where an Appellate Court dismisses an appeal under rule 11 of Order XLI, the power of the Court to amend, under section 152,
• the decree or order appealed against may be exercised by the Court which had passed the decree or order in the first instance,
• notwithstanding that the dismissal of the appeal has the effect of confirming the decree or order, as the case may be, passed by the Court of first instance.
• This Section was inserted by Act 104 of 1976.

The correct option is Option 2.

Key Points

• Section 151 of the Civil Procedure Code:-
  • This section deals with the saving of the inherent powers of the Court.
  • It states that nothing in this Code shall be deemed to limit or otherwise affect the inherent power of the Court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the Court.
  • This section does not confer any substantive rights on parties but is meant to get over the difficulties arising from rules of procedure.
  • Case: Ram Chand v. Kanhaiyalal (1966)
    • The Supreme Court held that the inherent powers under Section 151 of CPC can also be exercised to prevent the abuse of the process of court.