Courts by Which Decrees May be Executed MCQ Quiz - Objective Question with Answer for Courts by Which Decrees May be Executed - Download Free PDF
Last updated on May 12, 2025
Latest Courts by Which Decrees May be Executed MCQ Objective Questions
Courts by Which Decrees May be Executed Question 1:
As per Section 38 of the Code of Civil Procedure, 1908, which Court is competent to execute the decree?
Answer (Detailed Solution Below)
Courts by Which Decrees May be Executed Question 1 Detailed Solution
The correct answer is Option 4.
Key PointsSection 38. Court by which decree may be executed—
A decree may be executed either by the court which passed it, or by the Court to which it is sent for execution.
Courts by Which Decrees May be Executed Question 2:
Precepts are issued under section 46 of CPC for;
Answer (Detailed Solution Below)
Courts by Which Decrees May be Executed Question 2 Detailed Solution
The correct answer is option 3.Key Points
- Section 46 under C.P.C. 1908 deals with the Precepts.
- Upon the application of the decree-holder the Court which passed the decree may, whenever it thinks fit, issue a precept to any other Court which would be competent to execute such decree to attach any property belonging to the judgment-debtor and specified in the precept.
- The Court to which a precept is sent shall proceed to attach the property in the manner prescribed in regard to the attachment of property in execution of a decree:
- Provided that no attachment under a precept shall continue for more than two months unless the period of attachment is extended by an order of the Court which passed the decree or unless before the determination of such attachment the decree has been transferred to the Court by which the attachment has been made and the decree-holder has applied for an order for the sale of such property.
Courts by Which Decrees May be Executed Question 3:
When it appears to the court to be just and convenient, it may appoint a receiver of any property
Answer (Detailed Solution Below)
Courts by Which Decrees May be Executed Question 3 Detailed Solution
Under order 40 of CPC, The Receiver is an independent and impartial person who is appointed by the court to administer/manage, that is, to protect and preserve a disputed property involved in a suit.
For example, in a dispute between A and B for an immovable property, if the court thinks that it is in the best interest of both the parties that possession should be taken from B and given to an independent person, the court may appoint a receiver who can manage the property till the time the suit is being decided. Such a receiver appointed by the court would be responsible for the maintenance of the property. He can collect the income accruing like rent or any other profits and utilize it to maintain the property. After deducting the expenses incurred in maintenance from the income received from the property, the receiver will have to submit the remaining income, if any, in the court.
Courts by Which Decrees May be Executed Question 4:
Which of the following statements is correct?
The court which passed the decree may transfer it to another competent court if the
Answer (Detailed Solution Below)
Courts by Which Decrees May be Executed Question 4 Detailed Solution
The correct answer is option 4
Key Points Section 39. Transfer of decree.
(1) The Court which passed a decree may, on the application of the decree holder, send it for execution to another
(a) if the person against whom the decree is passed actually and voluntarily resides or carries on business, or personally works for gain, within the local limits of the jurisdiction of such other Court, or
(b) if such person has not property within the local limits of the jurisdiction of the Court which passed the decree sufficient to satisfy such decree and has property within the local limits of the jurisdiction of such other Court, or
(c) if the decree directs the sale or delivery of immovable property situate outside the local limits of the jurisdiction of the Court which passed it, or
(d) if the Court which passed the decree considers for any other reason, which it shall record in writing, that the decree should be executed by such other Court.
(2) The Court which passed a decree may of its own motion send it for execution to any subordinate Court of competent jurisdiction.
(3) For the purposes of this section, a Court shall be deemed to be a Court of competent jurisdiction if, at the time of making the application for the transfer of decree to it, such Court would have jurisdiction to try the suit in which such decree was passed.]
(4) Nothing in this section shall be deemed to authorise the Court which passed a decree to execute such decree against any person or property outside the local limits of its jurisdiction.]
Top Courts by Which Decrees May be Executed MCQ Objective Questions
Precepts are issued under section 46 of CPC for;
Answer (Detailed Solution Below)
Courts by Which Decrees May be Executed Question 5 Detailed Solution
Download Solution PDFThe correct answer is option 3.Key Points
- Section 46 under C.P.C. 1908 deals with the Precepts.
- Upon the application of the decree-holder the Court which passed the decree may, whenever it thinks fit, issue a precept to any other Court which would be competent to execute such decree to attach any property belonging to the judgment-debtor and specified in the precept.
- The Court to which a precept is sent shall proceed to attach the property in the manner prescribed in regard to the attachment of property in execution of a decree:
- Provided that no attachment under a precept shall continue for more than two months unless the period of attachment is extended by an order of the Court which passed the decree or unless before the determination of such attachment the decree has been transferred to the Court by which the attachment has been made and the decree-holder has applied for an order for the sale of such property.
Courts by Which Decrees May be Executed Question 6:
Which of the following statements is correct?
The court which passed the decree may transfer it to another competent court if the
Answer (Detailed Solution Below)
Courts by Which Decrees May be Executed Question 6 Detailed Solution
The correct answer is option 4
Key Points Section 39. Transfer of decree.
(1) The Court which passed a decree may, on the application of the decree holder, send it for execution to another
(a) if the person against whom the decree is passed actually and voluntarily resides or carries on business, or personally works for gain, within the local limits of the jurisdiction of such other Court, or
(b) if such person has not property within the local limits of the jurisdiction of the Court which passed the decree sufficient to satisfy such decree and has property within the local limits of the jurisdiction of such other Court, or
(c) if the decree directs the sale or delivery of immovable property situate outside the local limits of the jurisdiction of the Court which passed it, or
(d) if the Court which passed the decree considers for any other reason, which it shall record in writing, that the decree should be executed by such other Court.
(2) The Court which passed a decree may of its own motion send it for execution to any subordinate Court of competent jurisdiction.
(3) For the purposes of this section, a Court shall be deemed to be a Court of competent jurisdiction if, at the time of making the application for the transfer of decree to it, such Court would have jurisdiction to try the suit in which such decree was passed.]
(4) Nothing in this section shall be deemed to authorise the Court which passed a decree to execute such decree against any person or property outside the local limits of its jurisdiction.]
Courts by Which Decrees May be Executed Question 7:
As per Section 38 of the Code of Civil Procedure, 1908, which Court is competent to execute the decree?
Answer (Detailed Solution Below)
Courts by Which Decrees May be Executed Question 7 Detailed Solution
The correct answer is Option 4.
Key PointsSection 38. Court by which decree may be executed—
A decree may be executed either by the court which passed it, or by the Court to which it is sent for execution.
Courts by Which Decrees May be Executed Question 8:
Precepts are issued under section 46 of CPC for;
Answer (Detailed Solution Below)
Courts by Which Decrees May be Executed Question 8 Detailed Solution
The correct answer is option 3.Key Points
- Section 46 under C.P.C. 1908 deals with the Precepts.
- Upon the application of the decree-holder the Court which passed the decree may, whenever it thinks fit, issue a precept to any other Court which would be competent to execute such decree to attach any property belonging to the judgment-debtor and specified in the precept.
- The Court to which a precept is sent shall proceed to attach the property in the manner prescribed in regard to the attachment of property in execution of a decree:
- Provided that no attachment under a precept shall continue for more than two months unless the period of attachment is extended by an order of the Court which passed the decree or unless before the determination of such attachment the decree has been transferred to the Court by which the attachment has been made and the decree-holder has applied for an order for the sale of such property.
Courts by Which Decrees May be Executed Question 9:
When it appears to the court to be just and convenient, it may appoint a receiver of any property
Answer (Detailed Solution Below)
Courts by Which Decrees May be Executed Question 9 Detailed Solution
Under order 40 of CPC, The Receiver is an independent and impartial person who is appointed by the court to administer/manage, that is, to protect and preserve a disputed property involved in a suit.
For example, in a dispute between A and B for an immovable property, if the court thinks that it is in the best interest of both the parties that possession should be taken from B and given to an independent person, the court may appoint a receiver who can manage the property till the time the suit is being decided. Such a receiver appointed by the court would be responsible for the maintenance of the property. He can collect the income accruing like rent or any other profits and utilize it to maintain the property. After deducting the expenses incurred in maintenance from the income received from the property, the receiver will have to submit the remaining income, if any, in the court.