Preliminary MCQ Quiz in मराठी - Objective Question with Answer for Preliminary - मोफत PDF डाउनलोड करा

The correct answer is 'OPTION 3'

Key Points

• Mesne profit:
  • Mesne profit refers to the profit that a person in wrongful possession of property has earned or could have earned during the period of such possession.
  • It is a legal concept used to compensate the rightful owner for the loss of income from the property due to the wrongful possession.
  • The calculation of mesne profit includes the actual income received and any potential income that could have been received if the property had been lawfully possessed.
  • Mesne profit is often used in property disputes where one party has unlawfully occupied another's property.

Additional Information

• Other options explained:
  • Profit earned by mission: This option is incorrect as mesne profit specifically relates to wrongful possession of property, not to profits earned by any mission.
  • Very minimum profit: This option is incorrect because mesne profit does not refer to the amount of profit, whether minimum or maximum, but to the nature of the profit derived from wrongful possession.
  • None of the above: This option is incorrect since option 3 provides the accurate definition of mesne profit.

The correct answer is 'All of the above.'

Key Points

• Section 2(5) of CPC:
  • Under Section 2(5) of the Code of Civil Procedure (CPC), a foreign court is defined based on specific conditions.
  • The conditions aim to distinguish between courts established and continued by the Central Government and those outside the jurisdiction of India.
• Conditions for a court to be considered a foreign court:
  • The court must be situated outside India.
  • The court must not have been established by the Central Government.
  • The court must not be continued by the Central Government.
  • All these conditions collectively ensure that only those courts that are entirely outside the purview of Indian jurisdiction and governance are classified as foreign courts.

Additional Information

• Explanation of Incorrect Options:
  • Option 1: While it is true that the court must be situated outside India, this is only one part of the complete definition provided under Section 2(5) of CPC.
  • Option 2: The court must not have been established by the Central Government, but this alone does not encompass the full definition.
  • Option 3: The court must not be continued by the Central Government, yet this is also just a part of the comprehensive conditions required.
  • Each of these conditions is necessary but not sufficient on its own to define a foreign court under Section 2(5) of CPC, hence the correct answer includes all these conditions together.

The correct answer is 'Person against whom a decree is passed.'

Key Points

• Judgment Debtor:
  • A judgment debtor is a person against whom a court has issued a decree or judgment. This individual is legally obligated to comply with the terms set by the court, typically involving the payment of a sum of money to the judgment creditor.
  • This term is commonly used in legal proceedings to identify the party responsible for satisfying the judgment.
  • The judgment debtor's responsibility might include the payment of debts, surrender of property, or other court-mandated actions to fulfill the judgment.

Additional Information

• Borrower of a bank:
  • This refers to a person who takes a loan from a bank. Although a borrower can become a judgment debtor if they fail to repay the loan and the bank obtains a court decree against them, the terms are not synonymous.
• Defendant:
  • A defendant is a person who is being sued or accused in a court of law. While a defendant can become a judgment debtor if the court rules against them, the terms are not interchangeable. A defendant becomes a judgment debtor only after a judgment is passed.
• None of the above:
  • This option is incorrect as it does not accurately describe the meaning of a judgment debtor.

The correct answer is Option 1

Key Points Section 6 – Pecuniary Jurisdiction

This provision of the Civil Procedure Code (CPC) clarifies that, unless expressly provided otherwise, no court is granted jurisdiction over any suit in which the amount or value of the subject matter exceeds the pecuniary limits of its ordinary jurisdiction.

the clause ensures that:

• The jurisdiction of a court is confined to suits within the monetary or value limits specified for that court.
• If a suit involves a subject matter whose value is beyond these limits, the court cannot hear the case unless there is a specific provision that alters this rule.
• This limitation is a safeguard to ensure that cases are heard by courts with the appropriate authority and resources corresponding to the value involved.

The correct answer is option 3.Key Points

• Section 6 under C.P.C. 1908 deals with the pecuniary jurisdiction.
• Section 6 states save in so far as is otherwise expressly provided, nothing herein contained shall operate to give any Court jurisdiction over suits the amount or value of the subject-matter of which exceeds the pecuniary limits (if any) of its ordinary jurisdiction.

The correct option is The legal representative of a deceased judgment debtor.

Key Points

The term "judgment debtor" refers to an individual or entity against whom a court has issued a judgment or decree that requires them to pay a sum of money or fulfill some obligation.

• Someone against whom a decree for payment of money has been passed - This person fits the classic definition of a judgment debtor. They are required by the judgment to pay money, making them a debtor until they satisfy the judgment.
• Someone against whom an order for recovery of possession has been made - Although this involves a court order, it does not necessarily involve a debt or monetary judgment. However, the term "judgment debtor" can sometimes broadly encompass those under any type of enforceable court order. This option might be less directly related to the typical monetary context of a judgment debtor but still can be considered under broader interpretations.
• The legal representative of a deceased judgment debtor - This option extends the responsibility of the judgment debtor to their legal representatives. In legal terms, the responsibilities and liabilities of a deceased debtor can transfer to their estate or legal representatives, thus making the representative a judgment debtor in place of the deceased.
• Someone who has satisfied the judgment in full - Once a judgment has been fully satisfied, the individual or entity is no longer under the court's decree to pay or act; therefore, they are no longer a "debtor" regarding that particular judgment. This is the only option where the person is not currently under any obligation imposed by a judgment or court order, thus making them no longer a judgment debtor.

Therefore, option 4 is correct because a judgment debtor, by definition, is under an active obligation from a court order. Once that obligation is fulfilled, they cease to be a debtor with respect to that judgment.

The correct answer is option 4

Key Points

• Decree Holder:-
  • Section 2(3) of CPC defines the term decree holder.
  • Decree holder means any person in whose favour a decree has been passed or an order capable of execution has been made.
• The term decree holder denotes a person:
  • In whose favour a decree has been passed. In whose favour an order capable of execution has been made.
  • Whose name appears in the decree, either as plaintiff or defendant and the following conditions are satisfied:
    • The decree must be capable of execution.
    • The said person, by the terms of the decree itself or from its nature, should be legally entitled to seek its execution.
• Case: Ajudhia Prasad v. The UP Govt. through the Collector (1947)
  • The Allahabad High Court considered the scope of the expression decree holder.
  • The Court held that it is clear from this that a person in whose favour an order capable of execution has been made is also a decree holder.
  • It is also evident from this definition that a decree-holder need not be a party to the suit.

The correct option is Any order of dismissal for default.

Key Points

• The term decree has been defined under section 2(2) of the Code of Civil Procedure of 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 about 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-
  •  Any adjudication from which an appeal lies as an appeal from an order.
  • Any order of dismissal for default.
• Explanation - 
  • 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 answer is option 1.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.

Additional Information

• Rule 12 of O.20 provides decree for possession and mesne profits.
• Where a suit is for the recovery of possession of immovable property and for rent or mesne profits, the Court may pass a decree:
  • For the possession of the property, 
  • For the rents which have accrued on the property during the period prior to the institution of the suit or directing an inquiry as to such rent.
  • For the mesne profits or directing an inquiry as to such mesne profits.

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