Suits in General Judgment and Decree MCQ Quiz - Objective Question with Answer for Suits in General Judgment and Decree - Download Free PDF
Last updated on Mar 21, 2025
Latest Suits in General Judgment and Decree MCQ Objective Questions
Suits in General Judgment and Decree Question 1:
A decree becomes final when
Answer (Detailed Solution Below)
Suits in General Judgment and Decree Question 1 Detailed Solution
The correct answer is option 3.
Key Points
In the context of the Code of Civil Procedure (CPC), the statement "A decree becomes final when it conclusively determined the right of the parties, and no appeal has been preferred against the decree" refers to the legal process and the finality of a court decision.
Let's break down the components of the statement:
1. Decree: In civil litigation, a decree is the final judgment or order given by a court after hearing the merits of a case. It is the court's formal expression of its decision, resolving the legal issues presented in the case.
2. Conclusively Determined the Right of the Parties: This means that the court, through the decree, has definitively settled the legal rights and obligations of the parties involved in the case. The court has made a final determination on the issues raised, and its decision is binding.
3. No Appeal has been Preferred Against the Decree: An appeal is a legal process by which a higher court reviews the decision of a lower court. If no party involved in the case chooses to appeal the decree within the prescribed time frame, the decree becomes final. In other words, the parties accept the court's decision, and the case concludes at that level.
The concept of a decree becoming final underscores the importance of the finality of judicial decisions. Once a decree is final, it is generally not subject to further review or challenge unless there are exceptional circumstances, such as the discovery of new evidence or a procedural irregularity.
In the CPC framework, the rules and procedures for filing appeals are typically outlined, and parties dissatisfied with a lower court's decision may choose to exercise their right to appeal within the specified time limits. If no appeal is filed within that period, the decree attains finality, and the legal process at that level comes to an end.
Top Suits in General Judgment and Decree MCQ Objective Questions
Suits in General Judgment and Decree Question 2:
A decree becomes final when
Answer (Detailed Solution Below)
Suits in General Judgment and Decree Question 2 Detailed Solution
The correct answer is option 3.
Key Points
In the context of the Code of Civil Procedure (CPC), the statement "A decree becomes final when it conclusively determined the right of the parties, and no appeal has been preferred against the decree" refers to the legal process and the finality of a court decision.
Let's break down the components of the statement:
1. Decree: In civil litigation, a decree is the final judgment or order given by a court after hearing the merits of a case. It is the court's formal expression of its decision, resolving the legal issues presented in the case.
2. Conclusively Determined the Right of the Parties: This means that the court, through the decree, has definitively settled the legal rights and obligations of the parties involved in the case. The court has made a final determination on the issues raised, and its decision is binding.
3. No Appeal has been Preferred Against the Decree: An appeal is a legal process by which a higher court reviews the decision of a lower court. If no party involved in the case chooses to appeal the decree within the prescribed time frame, the decree becomes final. In other words, the parties accept the court's decision, and the case concludes at that level.
The concept of a decree becoming final underscores the importance of the finality of judicial decisions. Once a decree is final, it is generally not subject to further review or challenge unless there are exceptional circumstances, such as the discovery of new evidence or a procedural irregularity.
In the CPC framework, the rules and procedures for filing appeals are typically outlined, and parties dissatisfied with a lower court's decision may choose to exercise their right to appeal within the specified time limits. If no appeal is filed within that period, the decree attains finality, and the legal process at that level comes to an end.
Suits in General Judgment and Decree Question 3:
Where a compromise was arrived between parties to a suit by playing fraud, misrepresentation or mistake and a decree was passed with the consent of the parties, then the affected party may select which one of the following alternatives for setting aside such decree, namely the recourse
Answer (Detailed Solution Below)
Suits in General Judgment and Decree Question 3 Detailed Solution
The correct answer is through second suit
Key Points
- Relevant Legal Principle:
- A consent decree passed on the basis of fraud, misrepresentation, or mistake is not a valid decree under law.
- Remedy Available:
- The affected party cannot challenge such a consent decree by appeal, revision, or review because:
- These remedies are not appropriate for challenging fraudulently obtained consent.
- The proper remedy is to file a separate (second) suit for:
- Declaration that the decree is void or inoperative due to fraud/misrepresentation/mistake.
- The affected party cannot challenge such a consent decree by appeal, revision, or review because:
- Case Law Support:
- In Pushpa Devi Bhagat v. Rajinder Singh, (2006) 5 SCC 566, the Supreme Court held:
- “A consent decree can be challenged only by filing a separate suit and not by way of appeal or review.”
Additional Information
- Through appeal: Not maintainable for consent decrees.
- Through revision: Not applicable where the order is by consent and no jurisdictional error is alleged.
- Through review: Review is not allowed against a consent decree.