Part 11 MCQ Quiz in தமிழ் - Objective Question with Answer for Part 11 - இலவச PDF ஐப் பதிவிறக்கவும்

The correct answer is Section 151

Key Points

• Section 151 Provides:
  • It states that "Nothing in this Code shall be deemed to limit or otherwise affect the inherent power of the Court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the Court."
• Purpose:
  • These powers are used by courts to fill gaps where the CPC is silent and to ensure justice is not defeated by procedural technicalities.
• Scope:
• Courts invoke Section 151 in extraordinary situations such as:
  • Preventing misuse of judicial process
  • Staying proceedings not covered under other provisions
  • Granting relief where no specific provision applies
• Judicial Interpretation:
  • Courts have consistently upheld that this inherent power is discretionary and must be used sparingly and judiciously.

Additional Information

• Option 1. Section 148: Deals with enlargement of time; not about inherent powers.
• Option 3. Section 95: Relates to compensation for obtaining arrest, attachment or injunction on insufficient grounds.
• Option 4. Section 114: Pertains to review of judgments, not inherent powers.

The correct answer is Plea for demurrer

Key Points

A demurrer is a legal objection raised by one party in a lawsuit, challenging the legal sufficiency of the other party's pleadings—usually the complaint or petition.

Features of a Demurrer:

• Not about facts, but law:
  • A demurrer does not dispute the facts alleged by the opposing party.
  • It instead argues that even if all the facts are true, they do not amount to a legally valid claim or defense.
• Purpose:
  • To have a case (or part of it) dismissed early, before trial, on purely legal grounds.
• Types:
  • General Demurrer: Asserts that the complaint does not state a cause of action.
  • Special Demurrer (in some jurisdictions): Challenges defects in the form, clarity, or specifics of the pleading.
• Effect if granted:
  • The court may dismiss the defective pleading.
  • Often, the opposing party is given a chance to amend and refile.

Additional Information

• Plea for caveat:It’s a precautionary application filed to get notice before any order is passed in the matter.
• Plea for adjournment: It is a request to postpone or delay the hearing to a later date.
• Plea for rejection of evidence:It challenges the admissibility of specific evidence but not the entire legal claim.

The correct option is Option 3.

Key Points

• Section 153B of The Code of Civil Procedure of 1908 deals with the Place of trial to be deemed to be an open Court.
• Section 153B:- The place in which any Civil Court is held to try any suit shall be deemed to be an open Court, to which the public generally may have access so far as the same can conveniently contain them.
  • ​Provided that the presiding Judge may, if he thinks fit, order at any stage of any inquiry into or trial of any particular case, that the public generally, or any particular person, shall not have access to, or be or remain in, the room or building used by the Court.

• The location where a Civil Court meets to discuss and decide on a case is considered an open Court.
• This means that everyone is allowed to come and watch, as long as there is enough space for them.
• However, the judge in charge has the right to decide that certain people or everyone, cannot attend or stay during the court proceedings. This can happen at any point during the case if the judge believes it's necessary.
• Explanation using Example:-
  • Imagine a scenario where a high-profile divorce case is being heard in a Civil Court.
  • The proceedings of this case are generally open to the public as per Section 153B of The Code of Civil Procedure of 1908.
  • This means that anyone who wishes to attend the trial can do so, space permitting.
  • However, during the trial, sensitive issues regarding the couple's children are to be discussed. Concerned about the privacy of the children and the potential media circus, the presiding Judge decides to exercise the power granted under Section 153B.
  • The Judge issues an order that the hearing of these specific issues will take place in a closed session.
  • Consequently, the public and the media are asked to leave the courtroom, ensuring that the sensitive details are discussed only in the presence of the parties involved, their legal representatives, and essential court personnel.

Additional Information

• Section 153: General power to amend.
• Section 153A: Promoting enmity between different groups on grounds of religion, race, place of birth and residence.

The correct option is Option 3.

Key Points

• Section 153B of The Code of Civil Procedure of 1908 deals with the Place of trial to be deemed to be an open Court.
• Section 153B:- The place in which any Civil Court is held to try any suit shall be deemed to be an open Court, to which the public generally may have access so far as the same can conveniently contain them.
  • ​Provided that the presiding Judge may, if he thinks fit, order at any stage of any inquiry into or trial of any particular case, that the public generally, or any particular person, shall not have access to, or be or remain in, the room or building used by the Court.

• The location where a Civil Court meets to discuss and decide on a case is considered an open Court.
• This means that everyone is allowed to come and watch, as long as there is enough space for them.
• However, the judge in charge has the right to decide that certain people or everyone, cannot attend or stay during the court proceedings. This can happen at any point during the case if the judge believes it's necessary.
• Explanation using Example:-
  • Imagine a scenario where a high-profile divorce case is being heard in a Civil Court.
  • The proceedings of this case are generally open to the public as per Section 153B of The Code of Civil Procedure of 1908.
  • This means that anyone who wishes to attend the trial can do so, space permitting.
  • However, during the trial, sensitive issues regarding the couple's children are to be discussed. Concerned about the privacy of the children and the potential media circus, the presiding Judge decides to exercise the power granted under Section 153B.
  • The Judge issues an order that the hearing of these specific issues will take place in a closed session.
  • Consequently, the public and the media are asked to leave the courtroom, ensuring that the sensitive details are discussed only in the presence of the parties involved, their legal representatives, and essential court personnel.

Additional Information

• Section 153: General power to amend.
• Section 153A: Promoting enmity between different groups on grounds of religion, race, place of birth and residence.

Refer Section 135A of CPC - Exemption of members of legislative bodies from arrest and detention under civil process. No person shall be liable to arrest or detention in prison under civil process--

(a) if he is a member of--

(i) either House of Parliament, or

(ii) the Legislative Assembly or Legislative Council of a State, or

(iii) a Legislative Assembly of a Union territory,

during the continuance of any meeting of such House of Parliament or, as the case may be, of the Legislative Assembly or the Legislative Council;

(b) if he is a member of any committee of--

(i) either House of Parliament, or

(ii) the Legislative Assembly of a State or Union territory, or

(iii) the Legislative Council of a State, during the continuance of any meeting of such committee

(c) if he is a member of--

(i) either House of Parliament, or

(ii) a Legislative Assembly or Legislative Council of a State having both such Houses, during the continuance of a joint sitting, meeting, conference or joint committee of the Houses of Parliament or, Houses of the State Legislature, as the case may be, and during the forty days before and after such meeting, sitting or conference.

Explanation: The plaintiff is responsible for the expenses of serving a summons. The party requesting the process is also responsible for the postage and other expenses. These expenses can be paid in court fee stamps.

Explanation: According to sec 154 of CPC, every information relating to commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read over to the informant; and every such information, whether given in writing or reduced to writing as foresaid. Hence, B. 

Explanation- According to Section 148A, when people apprehend that some case against them is filed or is about to be filed in any court of law in any manner, they have a right to lodge a caveat. The Caveat may be lodged in the form of a petition under the following circumstances: During an ongoing suit or litigation and in that the application is already been made or is expected to be made; The suit is about to be instituted and in that suit, an application is expected to be made. Thus, firstly it is always about an application in a suit of the proceeding and secondly that suit or proceeding can be in the present which is already instituted or it can be in the future where a suit is not instituted yet but the same is expected. In all such situations the right to lodge a caveat arises. Provision of Caveat is also given in Supreme Court Rules.

The correct answer is option 3.

Key Points Section 135 A of CPC says  Exemption of members of legislative bodies from arrest and detention under civil process-- 2[(1) No person shall be liable to arrest or detention in prison under civil process--
(a) if he is a member of--
(i) either House of Parliament, or
(ii) the Legislative Assembly or Legislative Council of a State, or
(iii) a Legislative Assembly of a Union territory,
during the continuance of any meeting of such House of Parliament or, as the case may be, of the Legislative Assembly or the Legislative Council;
(b) if he is a member of any committee of--
(i) either House of Parliament, or
(ii) the Legislative Assembly of a State or Union territory, or
(iii) the Legislative Council of a State,
during the continuance of any meeting of such committee;
(c) if he is a member of--
(i) either House of Parliament, or
(ii) a Legislative Assembly or Legislative Council of a State having both such Houses,
during the continuance of a joint sitting, meeting, conference or joint committee of the Houses of Parliament or, Houses of the State Legislature, as the case may be,
and during the forty days before and after such meeting, sitting or conference.]
(2) A person released from detention under sub-section (1) shall, subject to the provisions, of the said sub-section, be liable to re-arrest and to the further detention to which he would have been liable if he had not been released under the provisions of sub-section (1).

Explanation- Section 144 does not confer any new substantive right to the party, but merely regulates the power of the court in that behalf. It provides that, where a decree or an order is varied or reversed in any appeal, revision or other proceeding or is set aside or modified in any suit instituted for the purpose. If any party who is entitled to any benefit by way of restitution, apply for restitution, the court which passed the decree shall order for such restitution, by way of any order, including order for the refund of costs and for the payment of interest, damages, compensation and mesne profits, which are property consequential on such variation, reversal, setting aside or modification of the decree or order.