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

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.

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.

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

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.

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.

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

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.