Part 3 MCQ Quiz - Objective Question with Answer for Part 3 - Download Free PDF

Last updated on Mar 15, 2025

Latest Part 3 MCQ Objective Questions

Part 3 Question 1:

Complete the statement - A Court cannot issue commission; 

  1. to examine any person.
  2. to make a partition.
  3. to collect evidence.
  4. to examine or adjust accounts.

Answer (Detailed Solution Below)

Option 3 : to collect evidence.

Part 3 Question 1 Detailed Solution

The correct answer is option 3.Key Points

  • Section 75 of Civil Procedure Code 1908 deals with Power of Court to issue commissions.
  • It says subject to such conditions and limitations as may be prescribed, the Court may issue a commission:
    • (a) To examine any person;
    • (b) To make a local investigation;
    • (c) To examine or adjust accounts; or
    • (d) To make a partition;
    • (e) To hold a scientific, technical, or expert investigation.
    • (f) To conduct sale of property which is subject to speedy and natural decay and which is in the custody of the Court pending the determination of the suit;
    • (g) To perform any ministerial act

Part 3 Question 2:

 Section 74 of CPC deals with? 

  1. letter of request
  2. resistance to execution
  3. seizure of property in dwelling house
  4. partial exemption of agriculture produce 

Answer (Detailed Solution Below)

Option 2 : resistance to execution

Part 3 Question 2 Detailed Solution

The correct answer is option 2

 Key Points Section 74 of CPC says  Where the Court is satisfied that the holder of a decree for the possession of immovable property or that the purchaser of immovable property sold in execution of a decree has been resisted or obstructed in obtaining possession of the property by the judgment-debtor or some person on his behalf and that such resistance or obstruction was without any just cause, the Court may, at the instance of the decree-holder or purchaser, Order the judgment-debtor or such other person to be detained in the civil prison for a term which may extend to thirty days and may further direct that the decree-holder or purchaser be put into possession of the property.

Part 3 Question 3:

Which one of the following is true statement in relation to section 80 of the civil procedure code? 

  1. A suit without service of notice can be instituted generally with the leave of the court. 
  2. A suit without service of notice can be instituted in case of urgent or immediate relief with the leave of the court
  3. In cases of urgent or immediate relief where leave to institute the suit without service of notice has been granted, interim or otherwise ex parte relief can be granted
  4. No suit under section 80 can be instituted without the compliance of requirement of notice. 

Answer (Detailed Solution Below)

Option 2 : A suit without service of notice can be instituted in case of urgent or immediate relief with the leave of the court

Part 3 Question 3 Detailed Solution

Explanation- As per section 80 clause 2 of the code where there is a case of immediate and urgent relief a suit can be instituted without serving the notice with the leave of the code.

Part 3 Question 4:

Which of the following statement is correct?

  1. A suit against the central government can only be instituted except after serving a notice of two months.
  2. A decree against the union of India may not be executed unless it remains unsatisfied for a period of three months. 
  3. Both 1 and 2 are correct.
  4. Both 1 and 2 are incorrect.

Answer (Detailed Solution Below)

Option 3 : Both 1 and 2 are correct.

Part 3 Question 4 Detailed Solution

Explanation- As per section 80 of the civil procedure code the condition provided in the statement A is pre requisite for the institution of the suit and the statement B is a condition pre requisite for the execution.

Part 3 Question 5:

Under the civil procedure code, the court cannot issue commission

  1. To examine any person
  2. To make a partition 
  3. To conduct sale of the property which is not in the custody of the court.
  4. To hold scientific, technical or expert investigation. 

Answer (Detailed Solution Below)

Option 3 : To conduct sale of the property which is not in the custody of the court.

Part 3 Question 5 Detailed Solution

The correct answer is option 3.

Key PointsSection 75 of CPC says Power of Court to issue commissions.
Subject to such conditions and limitations as may be prescribed, the Court may issue a commission
(a) to examine any person;
(b) to make a local investigation;
(c) to examine or adjust accounts; or
(d) to make a partition;
(e) to hold a scientific, technical, or expert investigation;
(f) to conduct sale of property which is subject to speedy and natural decay and which is in the custody of the Court pending the determination of the suit;
(g) to perform any ministerial act. Under section 75 of the civil procedure code an exhaustive list has been provided where the court can issue commission and statement C is not provided in the list.

Top Part 3 MCQ Objective Questions

Complete the statement - A Court cannot issue commission; 

  1. to examine any person.
  2. to make a partition.
  3. to collect evidence.
  4. to examine or adjust accounts.

Answer (Detailed Solution Below)

Option 3 : to collect evidence.

Part 3 Question 6 Detailed Solution

Download Solution PDF

The correct answer is option 3.Key Points

  • Section 75 of Civil Procedure Code 1908 deals with Power of Court to issue commissions.
  • It says subject to such conditions and limitations as may be prescribed, the Court may issue a commission:
    • (a) To examine any person;
    • (b) To make a local investigation;
    • (c) To examine or adjust accounts; or
    • (d) To make a partition;
    • (e) To hold a scientific, technical, or expert investigation.
    • (f) To conduct sale of property which is subject to speedy and natural decay and which is in the custody of the Court pending the determination of the suit;
    • (g) To perform any ministerial act

Part 3 Question 7:

 Section 74 of CPC deals with? 

  1. letter of request
  2. resistance to execution
  3. seizure of property in dwelling house
  4. partial exemption of agriculture produce 

Answer (Detailed Solution Below)

Option 2 : resistance to execution

Part 3 Question 7 Detailed Solution

The correct answer is option 2

 Key Points Section 74 of CPC says  Where the Court is satisfied that the holder of a decree for the possession of immovable property or that the purchaser of immovable property sold in execution of a decree has been resisted or obstructed in obtaining possession of the property by the judgment-debtor or some person on his behalf and that such resistance or obstruction was without any just cause, the Court may, at the instance of the decree-holder or purchaser, Order the judgment-debtor or such other person to be detained in the civil prison for a term which may extend to thirty days and may further direct that the decree-holder or purchaser be put into possession of the property.

Part 3 Question 8:

Which of the following is not correctly matched according to Civil Procedure Code, 1908:-

  1. Legal Representative : Section 50
  2. Letter of Request : Section 77
  3. Notice : Section 80
  4. Res-Sub-Judice : Section 11

Answer (Detailed Solution Below)

Option 2 : Letter of Request : Section 77

Part 3 Question 8 Detailed Solution

The correct answer is ​Letter of Request : Section 77

Key Points

  • Letter of Request" is not dealt with under Section 77 of the Civil Procedure Code, 1908.
  • The correct provision is Section 78 read with Order XXVI Rules 19–22, which deal with commissions issued to foreign courts for examining witnesses outside India through letters of request.
  • Section 77, on the other hand, deals with Power of High Court to make rules, which is unrelated to letters of request.

Additional Information

  • Legal Representative : Section 50: Correct – Section 50 deals with execution of decree when the judgment-debtor dies, and the legal representative becomes liable.
  • Notice : Section 80: Correct – Section 80 provides for a mandatory notice to the Government or public officer before instituting a suit against them.
  • Res-Sub-Judice : Section 11: Correct – Section 11 explains the doctrine of res judicata, and Explanation I within Section 11 refers to res sub judice, implying a bar on multiple suits on the same issue between the same parties.

Part 3 Question 9:

Complete the statement - A Court cannot issue commission; 

  1. to examine any person.
  2. to make a partition.
  3. to collect evidence.
  4. to examine or adjust accounts.

Answer (Detailed Solution Below)

Option 3 : to collect evidence.

Part 3 Question 9 Detailed Solution

The correct answer is option 3.Key Points

  • Section 75 of Civil Procedure Code 1908 deals with Power of Court to issue commissions.
  • It says subject to such conditions and limitations as may be prescribed, the Court may issue a commission:
    • (a) To examine any person;
    • (b) To make a local investigation;
    • (c) To examine or adjust accounts; or
    • (d) To make a partition;
    • (e) To hold a scientific, technical, or expert investigation.
    • (f) To conduct sale of property which is subject to speedy and natural decay and which is in the custody of the Court pending the determination of the suit;
    • (g) To perform any ministerial act

Part 3 Question 10:

Which one of the following is true statement in relation to section 80 of the civil procedure code? 

  1. A suit without service of notice can be instituted generally with the leave of the court. 
  2. A suit without service of notice can be instituted in case of urgent or immediate relief with the leave of the court
  3. In cases of urgent or immediate relief where leave to institute the suit without service of notice has been granted, interim or otherwise ex parte relief can be granted
  4. No suit under section 80 can be instituted without the compliance of requirement of notice. 

Answer (Detailed Solution Below)

Option 2 : A suit without service of notice can be instituted in case of urgent or immediate relief with the leave of the court

Part 3 Question 10 Detailed Solution

Explanation- As per section 80 clause 2 of the code where there is a case of immediate and urgent relief a suit can be instituted without serving the notice with the leave of the code.

Part 3 Question 11:

Which of the following statement is correct?

  1. A suit against the central government can only be instituted except after serving a notice of two months.
  2. A decree against the union of India may not be executed unless it remains unsatisfied for a period of three months. 
  3. Both 1 and 2 are correct.
  4. Both 1 and 2 are incorrect.

Answer (Detailed Solution Below)

Option 3 : Both 1 and 2 are correct.

Part 3 Question 11 Detailed Solution

Explanation- As per section 80 of the civil procedure code the condition provided in the statement A is pre requisite for the institution of the suit and the statement B is a condition pre requisite for the execution.

Part 3 Question 12:

Under the civil procedure code, the court cannot issue commission

  1. To examine any person
  2. To make a partition 
  3. To conduct sale of the property which is not in the custody of the court.
  4. To hold scientific, technical or expert investigation. 

Answer (Detailed Solution Below)

Option 3 : To conduct sale of the property which is not in the custody of the court.

Part 3 Question 12 Detailed Solution

The correct answer is option 3.

Key PointsSection 75 of CPC says Power of Court to issue commissions.
Subject to such conditions and limitations as may be prescribed, the Court may issue a commission
(a) to examine any person;
(b) to make a local investigation;
(c) to examine or adjust accounts; or
(d) to make a partition;
(e) to hold a scientific, technical, or expert investigation;
(f) to conduct sale of property which is subject to speedy and natural decay and which is in the custody of the Court pending the determination of the suit;
(g) to perform any ministerial act. Under section 75 of the civil procedure code an exhaustive list has been provided where the court can issue commission and statement C is not provided in the list.

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