Part 6 MCQ Quiz - Objective Question with Answer for Part 6 - Download Free PDF

The correct answer is Option 4.

Key PointsSection 94: Supplemental proceedings.—

• In order to prevent the ends of justice from being defeated the Court may, if it is so prescribed, — 
  • (a) issue a warrant to arrest the defendant and bring him before the Court to show cause why he should not give security for his appearance, and if he fails to comply with any order for security commit him to the civil prison;
  • (b) direct the defendant to furnish security to produce any property belonging to him and to place the same at the disposal of the Court or order the attachment of any property;
  • (c) grant a temporary injunction and in case of disobedience commit the person guilty thereof to the civil prison and order that his property be attached and sold;
  • (d) appoint a receiver of any property and enforce the performance of his duties by attaching and selling his property;
  • (e) make such other interlocutory orders as may appear to the Court to be just and convenient. 

Additional Information

•  PART V Deals with SPECIAL PROCEEDINGS 
• PART VI Deals with SUPPLEMENTAL PROCEEDINGS

The correct answer is Option 2. 

Key Points

• Section 94 of the Civil Procedure Code deals with the certificate to purchaser.
• It says, where a sale of immovable property has become absolute, the Court shall grant a certificate specifying the property sold and the name of the person who at the time of sale is declared to be the purchaser. Such certificate shall bear date the day on which the sale became absolute.

• Decree Against Government or Public Officer: In cases where a decree is issued against the Union of India, a State, or a public officer concerning an act performed in an official capacity, execution of such decree is subject to the conditions outlined in subsection (2).
• Execution Conditions: Execution of the decree against the Government or public officer cannot be initiated unless the decree remains unsatisfied for a period of three months from the date of its issuance.
• Application to Orders or Awards: The provisions of subsections (1) and (2) are also applicable to orders or awards if:
  • The order or award is made against the Union of India, a State, or a public officer for an act as mentioned above, whether by a court or any other authority.
  • The order or award is capable of being executed under the provisions of the Civil Procedure Code or any other prevailing law, treating it akin to a decree.

Explanation: Section 95 of Code of Civil Procedure,1908 deals with. Compensation for obtaining arrest, attachment or injunction on insufficient ground as:

(1) Where, in any suit in which an arrest or attachment has been effected or a temporary injunction granted under the last preceding section,--

(a) it appears to the Court that such arrest, attachment or injunction was applied for on insufficient grounds, or

(b) the suit of the plaintiff fails and it appears to the Court that there was no reasonable or probable grounds for instituting the same,

the defendant may apply to the Court, and the Court may, upon such application, award against the plaintiff by its order such amount not exceeding fifty thousand rupees, as it deems a reasonable compensation to the defendant for the expense or injury (including injury to reputation) caused to him:

Provided that a Court shall not award, under this section, an amount exceeding the limits of its pecuniary jurisdiction.

(2) An order determining any such application shall bar any suit for compensation in respect of such arrest, attachment or injunction. 

• Decree Against Government or Public Officer: In cases where a decree is issued against the Union of India, a State, or a public officer concerning an act performed in an official capacity, execution of such decree is subject to the conditions outlined in subsection (2).
• Execution Conditions: Execution of the decree against the Government or public officer cannot be initiated unless the decree remains unsatisfied for a period of three months from the date of its issuance.
• Application to Orders or Awards: The provisions of subsections (1) and (2) are also applicable to orders or awards if:
  • The order or award is made against the Union of India, a State, or a public officer for an act as mentioned above, whether by a court or any other authority.
  • The order or award is capable of being executed under the provisions of the Civil Procedure Code or any other prevailing law, treating it akin to a decree.

The correct answer is Option 4.

Key PointsSection 94: Supplemental proceedings.—

• In order to prevent the ends of justice from being defeated the Court may, if it is so prescribed, — 
  • (a) issue a warrant to arrest the defendant and bring him before the Court to show cause why he should not give security for his appearance, and if he fails to comply with any order for security commit him to the civil prison;
  • (b) direct the defendant to furnish security to produce any property belonging to him and to place the same at the disposal of the Court or order the attachment of any property;
  • (c) grant a temporary injunction and in case of disobedience commit the person guilty thereof to the civil prison and order that his property be attached and sold;
  • (d) appoint a receiver of any property and enforce the performance of his duties by attaching and selling his property;
  • (e) make such other interlocutory orders as may appear to the Court to be just and convenient. 

Additional Information

•  PART V Deals with SPECIAL PROCEEDINGS 
• PART VI Deals with SUPPLEMENTAL PROCEEDINGS

The correct answer is Appointment of executor

Key Points

• Supplementary proceedings under Section 94 CPC include:
  • Arrest before judgment (to ensure the presence of the judgment debtor or secure the decree).
  • Attachment before judgment (to prevent the judgment debtor from disposing of assets).
  • Temporary injunction (to maintain the status quo pending the suit).
• Appointment of executor is not included as a supplementary proceeding under Section 94. It is a separate legal process related to executing wills and probate matters, not part of CPC Section 94.

Additional Information

• Option 1. Arrest before judgment — Included under Section 94 to secure the decree debtor’s presence or property.
• Option 2. Attachment before judgment — Included to prevent disposal or dissipation of assets before decree.
• Option 3. Temporary injunction — Included to maintain status quo until final decision.

The correct answer is Option 2. 

Key Points

• Section 94 of the Civil Procedure Code deals with the certificate to purchaser.
• It says, where a sale of immovable property has become absolute, the Court shall grant a certificate specifying the property sold and the name of the person who at the time of sale is declared to be the purchaser. Such certificate shall bear date the day on which the sale became absolute.

• Decree Against Government or Public Officer: In cases where a decree is issued against the Union of India, a State, or a public officer concerning an act performed in an official capacity, execution of such decree is subject to the conditions outlined in subsection (2).
• Execution Conditions: Execution of the decree against the Government or public officer cannot be initiated unless the decree remains unsatisfied for a period of three months from the date of its issuance.
• Application to Orders or Awards: The provisions of subsections (1) and (2) are also applicable to orders or awards if:
  • The order or award is made against the Union of India, a State, or a public officer for an act as mentioned above, whether by a court or any other authority.
  • The order or award is capable of being executed under the provisions of the Civil Procedure Code or any other prevailing law, treating it akin to a decree.

Explanation: Section 95 of Code of Civil Procedure,1908 deals with. Compensation for obtaining arrest, attachment or injunction on insufficient ground as:

(1) Where, in any suit in which an arrest or attachment has been effected or a temporary injunction granted under the last preceding section,--

(a) it appears to the Court that such arrest, attachment or injunction was applied for on insufficient grounds, or

(b) the suit of the plaintiff fails and it appears to the Court that there was no reasonable or probable grounds for instituting the same,

the defendant may apply to the Court, and the Court may, upon such application, award against the plaintiff by its order such amount not exceeding fifty thousand rupees, as it deems a reasonable compensation to the defendant for the expense or injury (including injury to reputation) caused to him:

Provided that a Court shall not award, under this section, an amount exceeding the limits of its pecuniary jurisdiction.

(2) An order determining any such application shall bar any suit for compensation in respect of such arrest, attachment or injunction.