Preliminary MCQ Quiz - Objective Question with Answer for Preliminary - Download Free PDF

The correct answer is Sarpanch

Key Points

• Section 2(17) of the Code of Civil Procedure, 1908 defines a "public officer" and includes various categories such as:
  • Judges
  • Officers of the Court of Justice
  • Members of All India Services
  • Revenue Officers (e.g., Tehsildars)
  • Officers in service or pay of the government
• However, a Sarpanch (head of a village Panchayat) is not specifically included in the definition of "public officer" under Section 2(17) CPC.
• A Sarpanch is an elected representative under the Panchayati Raj system, which is a form of local self-government.
• While a Sarpanch performs public duties, he/she is not a government servant or public officer under CPC.
• The term “public officer” in Section 2(17) is restricted to those holding posts under government service or authority, not elected positions in local bodies.

Additional Information

• Tehsildar – Considered a Revenue Officer, hence a public officer under Section 2(17)(d).
• Judge – Included as a public officer under Section 2(17)(a).
• Members of All India Services – Included under Section 2(17)(g) as officers in the service or government pay.

The correct answer is Creditors

Key Points

Relevant Provision: Section 2(11) of the Civil Procedure Code, 1908 defines “Legal Representative”.

• Who is a Legal Representative?
  • A person who:
  • Represents the estate of a deceased person, and
  • May be:
    • Executor or administrator
    • Heir
    • Next-of-kin
• Anyone who intermeddles with the estate of the deceased
• A person on whom the estate devolves upon death
• Why Creditors are Not Legal Representatives?
  • Creditors do not represent the estate.
  • They are only entitled to claim debts owed to them and do not inherit or manage the estate.
• Coparceners:
  • Can be legal representatives if they inherit or represent the estate of the deceased in joint Hindu family property.

Additional Information

• Executor and Administrator: Are expressly included as legal representatives.
• Coparceners: Can be legal representatives under Hindu law when they inherit the estate.
• None of the above: Incorrect – Creditors are not legal representatives.

The correct answer is 'An order for dismissal of the suit for default.'

Key Points

• Decree under Section 2(2) of the Code of Civil Procedure, 1908:
  • A decree is a formal expression of an adjudication which, so far as regards the court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit.
  • The decree may be either preliminary or final, and it must be passed in a civil suit.
  • Certain judicial decisions or orders are explicitly excluded from the definition of a decree.

Additional Information

• Explanation of why the correct answer is an order for dismissal of the suit for default:
  • An order for dismissal of the suit for default does not conclusively determine the rights of the parties; it is a procedural order that dismisses the suit due to non-appearance or non-compliance by the plaintiff, and it is not a final adjudication on the merits of the case.
• Explanation of other options:
  • An order rejecting plaint under Order 7 Rule 11 of the Code of Civil Procedure, 1908: This order amounts to a decree because it conclusively determines the rights of the plaintiff by rejecting the plaint on specific grounds, such as failing to disclose a cause of action.
  • An order under Section 144 of the Code of Civil Procedure, 1908: This order deals with restitution and is considered a decree as it involves the conclusive determination of the rights of the parties regarding the benefits received under the decree that has been varied or reversed.
  • An order for dismissal of the suit for default: As explained earlier, this does not amount to a decree as it is a procedural order and does not settle the substantive rights of the parties.
  • None of the above: This option is not correct because the correct answer is specifically an order for dismissal of the suit for default.

The correct answer is 'Section 2(4) of the Code of Civil Procedure, 1908'

Key Points

• Definition of 'Judge' under the Code of Civil Procedure, 1908:
  • The term 'Judge' is defined in Section 2(8) of the Code of Civil Procedure, 1908.
  • According to this section, a 'Judge' is the presiding officer of a Civil Court.
  • This definition is crucial for understanding the roles and responsibilities within the judicial system.

Additional Information

• Explanation of Incorrect Options:
  • Section 2(2): This section defines 'decree' and is not related to the definition of 'Judge'.
  • Section 2(4): This section defines 'district' and does not pertain to the definition of 'Judge'.
  • Section 2(5): This section defines 'foreign Court' and is not relevant to the definition of 'Judge'.

The correct answer is (i) and (iv).

Key Points

• Decree in Legal Terms:
  • A 'decree' refers to the formal expression of an adjudication by a court that conclusively determines the rights of the parties involved concerning the issues in the suit.
  • It also includes the rejection of a plaint, which is the dismissal of a suit at a preliminary stage due to reasons such as non-payment of the court fee, lack of jurisdiction, or other legal deficiencies.

Additional Information

• Other Options Explained:
  • Option (ii) and (iii): Any adjudication from which an appeal lies as an appeal from an order and any order of dismissal of suit for default do not qualify as decrees. They are classified as orders under civil procedure law.
  • Option (i) and (ii): While (i) is correct, (ii) does not fit the definition of a decree, making this option incorrect.
  • Option (ii) and (iii): Both statements do not align with the definition of a decree, as they refer to orders, not decrees.
  • Option All these: Not all the statements are correct, thus this option is incorrect.

The correct answer is Option 1.

Key PointsSection 2(2) of the Code of Civil Procedure 1908, which defines a decree  and then analysing the procedures laid down in civil proceedings and applying the test for a decision to be a decree as laid down in the case of Venkata Reddy v. Pethi Reddy, there are certain instances when decisions of the Court are considered as decree and there are instances when the decisions are not considered as decree as stated below in the following illustrations:

Decisions considered as a decree –
The decisions held to be decree are as follows:

• Order of abetment of suit
• Dismissal of appeal as time-barred;
• Dismissal of suit or appeal due to the requirement of evidence or proof;
• Rejection of plant due to non-payment of court fees;
• Order granting costs and instalments;
• An order refusing costs or instalments;
• An order refusing maintainability of appeal;
• Order denying the survival of right to sue;
• Order stating that there is no cause of action;
• An order refusing to grant one or several reliefs;
• Decisions not considered as a decree

The decisions which are not considered as a decree are as follows:

• Dismissal of appeal for default;
• Appointment of Commissioner in order to take accounts;
• Order for remand;
• Order granting interim relief;
• An order refusing the grant of interim relief;
• Rejection of plaint in order to present it to the proper court;
• Application rejected for condonation of delay;
• Order holding an application to be maintainable;
• Order of refusal to set aside the sale;
• The order issuing directions for the assessment of mesne profit.

The correct answer is option 2.Key Points

• Under section 2 (2) of C.P.C. 1908 "Decree" means the formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit and may be either preliminary or final.
• Section 2 (2) read with the provisions contained in Order 20, Rule 18(2) as also Order 26, Rule 14 of the Code indicate that a preliminary decree has first to be passed in a partition suit and thereafter a final decree is passed for actual separation
• In Renu Devi v. Mahendra Singh Supreme Court made out the distinction between 'Preliminary' and 'Final' decree. 
• A preliminary decree is one which declares the rights and liabilities of the parties leaving the actual result to be worked out in further proceedings.
• Then, as a result of the further inquiries conducted pursuant to the preliminary decree, the rights of the parties are finally determined and a decree is passed in accordance with such determination, which is, the final decree.

Additional Information

• ​ A preliminary decree may be passed in following cases:
  • Suit for possession and mesne profits
  • Suit for Partition
  • Suits for pre-emption
  • Suit for dissolution of partnership between principal and agent
  • Suit for foreclosure of mortgage

The correct option is Wrongful possession of the property.

Key Points

• Section 2(12) of the Code of Civil Procedure, 1908 defines the term “mesne profits”.
• The Delhi High Court in the case of Phiraya Lal Alias Piara Lal vs Jia Rani And Anr (1973) interpreted the meaning of the term “mesne profit” by observing that when a party claims damages to recover the loss resulting from wrongful occupation of immovable property by a trespasser that originally belonged to the party then such damages will be known as mesne profits.
• The definition provided by Section 2(12) includes the exception of mesne profits which is the profits obtained from the improvements made by the wrongful possessor in the property will not fall under the ambit of mesne profits.
• The three significant takeaways from Section 2(12) of the Code have been laid down hereunder:
  • It is to be noted that the definition has attached importance to due diligence for obtaining mesne profits.
  • Mesne profits can only be awarded if the property in concern was unlawfully occupied thereby depriving the original owner of his rights.
  • Interest is a fundamental part of mesne profits under Section 2(12).
• Order XX Rule 12 of the Code of Civil Procedure, 1908 lays down the provision for the passing of the decree by a competent civil court where there exists a suit for recovery of immovable property possession, rent, or mesne profits.
• Put simply, a civil court while presenting the rights of the parties involved in a suit concerning mesne profits, will rely on Rule 12 of Order XX.

The correct answer is Option 4.

Key PointsSection 2(2) of the Code Of Civil Procedure,1908 states that the formal expression the court makes about disputes to the parties may either be final or preliminary.

• Similarly, a preliminary decree refers to a decision the court makes before the parties’ conclusive rights have been established when it is unable to grant them the final decree. The court can pass a preliminary decree when the case is not entirely resolved and the remaining proceedings are still pending.

Example of a preliminary decree

• If a wife requests support, the court should consider it during the trial process; if not, the court may issue a preliminary judgement for maintenance during the trial process; eventually, the judge may declare the final decision after consulting both the parties. 

• Selvamani v. Chellamal (2015)

  • In this case, the court made a preliminary decision regarding the parties’ respective shares. Later, the final decree was made, and one party appealed it, arguing that the preliminary decree had not given him any shares. However, the court dismissed the appeal because it was not possible to appeal the preliminary decree since the final decree had already been made.

When can a preliminary decree be passed

The following circumstances are ensured by the Civil Procedure Code so that the preliminary decree may be issued:

• Order 20, Rule 12 – Suits for possession and mesne profit
• Order 20, Rule 13 – Administration suit.
• Order 20, Rule 14 – Suits of pre-emption
• Order 20, Rule 15 – Suits for dissolution of a partnership
• Order 20, Rule 16 – Suits related to accounts between the principal and agent
• Order 20, Rule 18 – Suit for partition and separate possession

The correct answer is option 3

 Key Points Section 2(2) of C.P.C. "Decree" means the formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit and may be either preliminary or final.

It shall be deemed to include the rejection of a plaint and the determination of any question within  section 144, but shall not include:
(a) any adjudication from which an appeal lies as an appeal from an order, or
(b) any order of dismissal for default.
 A decree is preliminary when further proceedings have to be taken before the suit can be completely disposed of. It is final when such adjudication completely disposes of the suit. It may be partly preliminary and partly final;

The correct option is Option 4.

Key Points

• A foreign Judgement means an adjudication by a foreign court upon a matter before it.
• The Judgement of a foreign court is enforced on the principle that where a court of competent jurisdiction has adjudicated upon a claim, a legal obligation arises to satisfy that claim.
• Foreign Judgement:
  • Section 2(6) of the Code of Civil Procedure of 1908 defines foreign Judgement.
  • It states that foreign Judgement means the Judgement of a foreign Court.
• Section 2(5):
  • A foreign Court is a Court situated outside India and not established or continued by the authority of the Central Government.

The correct answer is Option 1

Key Points “Judgment” means the statement given by a judge of the grounds of a decree or order. The essential element of a judgment is that there should be a statement for the grounds of decision. As the Supreme Court in Balraj Taneja V. Sunil Madan, AIR 1999 SC 3381 held, a Judge cannot merely say “Suit Dismissed” or “Suit Decreed”. The whole process of reasoning has to be set out for deciding the case one way or the other. 

The correct answer is option 3.Key Points

• Section 2 (12) of civil procedure Code 1908 provides the definition of “mesne profits”.
• The mesne property means:
  • Those profits which the person in wrongful possession of such property actually received or
  • Might with ordinary diligence have received therefrom, together with interest on such profits.
• But it shall not include profits due to improvements made by the person in wrongful possession.
• Rule 12 of O.20 provides decree for possession and mesne profits.

Additional Information

• Scope of Section 2(12)
  • ​Claim for Mesne Profits: Mesne profits can be claimed by the rightful owner of the property through a civil suit for possession or recovery of the property. The claim for mesne profits typically accompanies the main suit for possession or recovery.
  • Calculation of Mesne Profits: Mesne profits are calculated based on the actual or potential income that the rightful owner could have earned from the property during the period of illegal possession. The court may consider various factors such as rental value, market rates, and any other income derived from the property.
  • Burden of Proof: The burden of proof lies with the plaintiff (the rightful owner) to establish the quantum of mesne profits claimed. The plaintiff must provide evidence supporting the calculation of mesne profits, including rental agreements, market rates, and other relevant documentation.

The correct answer is Option 4.

Key PointsSection 2(2) of the Code Of Civil Procedure,1908 states that the formal expression the court makes about disputes to the parties may either be final or preliminary.

• Similarly, a preliminary decree refers to a decision the court makes before the parties’ conclusive rights have been established when it is unable to grant them the final decree. The court can pass a preliminary decree when the case is not entirely resolved and the remaining proceedings are still pending.

Example of a preliminary decree

• If a wife requests support, the court should consider it during the trial process; if not, the court may issue a preliminary judgement for maintenance during the trial process; eventually, the judge may declare the final decision after consulting both the parties. 

• Selvamani v. Chellamal (2015)

  • In this case, the court made a preliminary decision regarding the parties’ respective shares. Later, the final decree was made, and one party appealed it, arguing that the preliminary decree had not given him any shares. However, the court dismissed the appeal because it was not possible to appeal the preliminary decree since the final decree had already been made.

When can a preliminary decree be passed

The following circumstances are ensured by the Civil Procedure Code so that the preliminary decree may be issued:

• Order 20, Rule 12 – Suits for possession and mesne profit
• Order 20, Rule 13 – Administration suit.
• Order 20, Rule 14 – Suits of pre-emption
• Order 20, Rule 15 – Suits for dissolution of a partnership
• Order 20, Rule 16 – Suits related to accounts between the principal and agent
• Order 20, Rule 18 – Suit for partition and separate possession

The correct answer is Option 1.

Key PointsSection 2(2) of the Code of Civil Procedure 1908, which defines a decree  and then analysing the procedures laid down in civil proceedings and applying the test for a decision to be a decree as laid down in the case of Venkata Reddy v. Pethi Reddy, there are certain instances when decisions of the Court are considered as decree and there are instances when the decisions are not considered as decree as stated below in the following illustrations:

Decisions considered as a decree –
The decisions held to be decree are as follows:

• Order of abetment of suit
• Dismissal of appeal as time-barred;
• Dismissal of suit or appeal due to the requirement of evidence or proof;
• Rejection of plant due to non-payment of court fees;
• Order granting costs and instalments;
• An order refusing costs or instalments;
• An order refusing maintainability of appeal;
• Order denying the survival of right to sue;
• Order stating that there is no cause of action;
• An order refusing to grant one or several reliefs;
• Decisions not considered as a decree

The decisions which are not considered as a decree are as follows:

• Dismissal of appeal for default;
• Appointment of Commissioner in order to take accounts;
• Order for remand;
• Order granting interim relief;
• An order refusing the grant of interim relief;
• Rejection of plaint in order to present it to the proper court;
• Application rejected for condonation of delay;
• Order holding an application to be maintainable;
• Order of refusal to set aside the sale;
• The order issuing directions for the assessment of mesne profit.