Order 10 MCQ Quiz - Objective Question with Answer for Order 10 - Download Free PDF

The correct answer is 'To elucidating matters in controversy'

Key Points

• Order 10 Rule 2 of the Code of Civil Procedure, 1908:
  • The object behind the oral examination of parties under this rule is to elucidate matters in controversy.
  • This examination helps the court to understand the exact nature of the disputes and the positions of the parties involved.
  • It aims to narrow down the issues that need to be adjudicated, making the trial process more efficient.

Additional Information

• To Pre-examining the witnesses:
  • This is not the purpose of oral examination under Order 10 Rule 2. Pre-examining witnesses is generally done during the trial stage, not at the preliminary stage of elucidating matters in controversy.
• To find out the issues of facts & law:
  • While related, this is a broader goal of the entire procedural process, not the specific aim of the oral examination under this rule.
• To find out the admitted facts:
  • Finding out admitted facts can be a part of elucidating matters in controversy, but it is not the primary objective of the oral examination under Order 10 Rule 2.

The correct answer is 'The framing of issues'

Key Points

• The first hearing of the suit:
  • Under the Code of Civil Procedure, 1908, "The first hearing of the suit" is a crucial stage in the civil litigation process.
  • It refers to the stage where the court examines the pleadings of both parties, identifies the issues that need to be adjudicated, and frames the issues accordingly.
  • This step is essential as it sets the framework for the trial, ensuring that both parties are aware of the specific points of contention that need to be addressed.

Additional Information

• The presentation of the plaint in the court:
  • This is the initial step where the plaintiff submits the plaint (complaint) to the court, marking the commencement of the suit.
  • However, this does not constitute "the first hearing" as it is only the filing of the suit.
• The presentation of written statement by the defendant:
  • The defendant submits a written statement in response to the plaint, outlining their defense.
  • While this is an important step, it is not considered "the first hearing" since it is part of the pre-trial process.
• The examination under Order 10 Rule 2:
  • This refers to the preliminary examination of parties by the court to ascertain the matter in dispute.
  • Though this examination is significant, it is distinct from "the first hearing" which specifically involves the framing of issues.

The correct answer is option 3.Key Points

• Rule 10 deals with costs where indigent person succeeds.
• Where the plaintiff succeeds in the suit, the Court shall calculate the amount of court-fees which would have been paid by the plaintiff if he had not been permitted to sue as an indigent person; such amount shall be recoverable by the State Government from any party ordered by the decree to pay the same and shall be a first charge, on the subject-matter of the suit.

Additional Information

• Order 33 under Civil Procedure Code 1908 deals with suits by Indigent.
• Rule 1 deals with Suits may be instituted by indigent persons.
• Subject to the following provisions, any suit may be instituted by an indigent person.
• Explanation 1.—A person is an indigent person:
  • If he is not possessed of sufficient means (other than property exempt from attachment in execution of a decree and the subject-matter of the suit) to enable him to pay the fee prescribed by law for the plaint in such suit, or
  • Where no such fee is prescribed, if he is not entitled to property worth one thousand rupees other than the property exempt from attachment in execution of a decree, and the subject-matter of the suit.
• Explanation II.—Any property which is acquired by a person after the presentation of his application for permission to sue as an indigent person, and before the decision of the application, shall be taken into account in considering the question whether or not the applicant is an indigent person.​

The correct answer is option 3.Key Points

• Rule 10 deals with costs where indigent person succeeds.
• Where the plaintiff succeeds in the suit, the Court shall calculate the amount of court-fees which would have been paid by the plaintiff if he had not been permitted to sue as an indigent person; such amount shall be recoverable by the State Government from any party ordered by the decree to pay the same and shall be a first charge, on the subject-matter of the suit.

Additional Information

• Order 33 under Civil Procedure Code 1908 deals with suits by Indigent.
• Rule 1 deals with Suits may be instituted by indigent persons.
• Subject to the following provisions, any suit may be instituted by an indigent person.
• Explanation 1.—A person is an indigent person:
  • If he is not possessed of sufficient means (other than property exempt from attachment in execution of a decree and the subject-matter of the suit) to enable him to pay the fee prescribed by law for the plaint in such suit, or
  • Where no such fee is prescribed, if he is not entitled to property worth one thousand rupees other than the property exempt from attachment in execution of a decree, and the subject-matter of the suit.
• Explanation II.—Any property which is acquired by a person after the presentation of his application for permission to sue as an indigent person, and before the decision of the application, shall be taken into account in considering the question whether or not the applicant is an indigent person.​

The correct answer is option 3.

 Key Points Order X Rule 1 of CPC says  "At the first hearing of the suit' the Court shall ascertain from each party or his pleader whether he admits or denies such allegations of fact as are made in the plaint or written statement (if any) of the opposite party, and as are not expressly or by necessary implication admitted or denied by the party against whom they are made. The Court shall record such admissions and denials".

The correct answer is option 3.Key Points

• Rule 10 deals with costs where indigent person succeeds.
• Where the plaintiff succeeds in the suit, the Court shall calculate the amount of court-fees which would have been paid by the plaintiff if he had not been permitted to sue as an indigent person; such amount shall be recoverable by the State Government from any party ordered by the decree to pay the same and shall be a first charge, on the subject-matter of the suit.

Additional Information

• Order 33 under Civil Procedure Code 1908 deals with suits by Indigent.
• Rule 1 deals with Suits may be instituted by indigent persons.
• Subject to the following provisions, any suit may be instituted by an indigent person.
• Explanation 1.—A person is an indigent person:
  • If he is not possessed of sufficient means (other than property exempt from attachment in execution of a decree and the subject-matter of the suit) to enable him to pay the fee prescribed by law for the plaint in such suit, or
  • Where no such fee is prescribed, if he is not entitled to property worth one thousand rupees other than the property exempt from attachment in execution of a decree, and the subject-matter of the suit.
• Explanation II.—Any property which is acquired by a person after the presentation of his application for permission to sue as an indigent person, and before the decision of the application, shall be taken into account in considering the question whether or not the applicant is an indigent person.​

The correct answer is option 3.

 Key Points Order X Rule 1 of CPC says  "At the first hearing of the suit' the Court shall ascertain from each party or his pleader whether he admits or denies such allegations of fact as are made in the plaint or written statement (if any) of the opposite party, and as are not expressly or by necessary implication admitted or denied by the party against whom they are made. The Court shall record such admissions and denials".

The correct answer is Any of the above.

Key Points

• Order 10, of the CPC deal with Examination of parties by the court.
• When a defendant fails to file a written statement within the stipulated timeframe or any extension granted by the court, the court has the authority to take certain actions under Order VIII Rule 10 of the Code of Civil Procedure (CPC).
• These actions, outlined below, aim to ensure the efficient administration of justice and protect the interests of the plaintiff.

Pronouncing Judgment against the Defendant:

• This is the most common consequence of failing to file a written statement. The court, in such cases, will proceed to adjudicate the case based solely on the plaintiff's pleadings and evidence. This essentially means that the court will consider the defendant to have no defense against the plaintiff's claims, leading to a judgment in favor of the plaintiff.

Discretionary Orders:

• Order VIII Rule 10 empowers the court with broad discretion to issue any order it deems fit in relation to the suit. This allows the court to adapt its response based on the specific circumstances of the case. Some examples of such discretionary orders include:

1. Granting Additional Time.
2. Striking Out the Defendant's Defense.
3. Dismissing the Suit.
4. Directing Payment of Costs.

The correct answer is 'To elucidating matters in controversy'

Key Points

• Order 10 Rule 2 of the Code of Civil Procedure, 1908:
  • The object behind the oral examination of parties under this rule is to elucidate matters in controversy.
  • This examination helps the court to understand the exact nature of the disputes and the positions of the parties involved.
  • It aims to narrow down the issues that need to be adjudicated, making the trial process more efficient.

Additional Information

• To Pre-examining the witnesses:
  • This is not the purpose of oral examination under Order 10 Rule 2. Pre-examining witnesses is generally done during the trial stage, not at the preliminary stage of elucidating matters in controversy.
• To find out the issues of facts & law:
  • While related, this is a broader goal of the entire procedural process, not the specific aim of the oral examination under this rule.
• To find out the admitted facts:
  • Finding out admitted facts can be a part of elucidating matters in controversy, but it is not the primary objective of the oral examination under Order 10 Rule 2.

The correct answer is 'The framing of issues'

Key Points

• The first hearing of the suit:
  • Under the Code of Civil Procedure, 1908, "The first hearing of the suit" is a crucial stage in the civil litigation process.
  • It refers to the stage where the court examines the pleadings of both parties, identifies the issues that need to be adjudicated, and frames the issues accordingly.
  • This step is essential as it sets the framework for the trial, ensuring that both parties are aware of the specific points of contention that need to be addressed.

Additional Information

• The presentation of the plaint in the court:
  • This is the initial step where the plaintiff submits the plaint (complaint) to the court, marking the commencement of the suit.
  • However, this does not constitute "the first hearing" as it is only the filing of the suit.
• The presentation of written statement by the defendant:
  • The defendant submits a written statement in response to the plaint, outlining their defense.
  • While this is an important step, it is not considered "the first hearing" since it is part of the pre-trial process.
• The examination under Order 10 Rule 2:
  • This refers to the preliminary examination of parties by the court to ascertain the matter in dispute.
  • Though this examination is significant, it is distinct from "the first hearing" which specifically involves the framing of issues.

The correct answer is option 3.Key Points

• Rule 10 deals with costs where indigent person succeeds.
• Where the plaintiff succeeds in the suit, the Court shall calculate the amount of court-fees which would have been paid by the plaintiff if he had not been permitted to sue as an indigent person; such amount shall be recoverable by the State Government from any party ordered by the decree to pay the same and shall be a first charge, on the subject-matter of the suit.

Additional Information

• Order 33 under Civil Procedure Code 1908 deals with suits by Indigent.
• Rule 1 deals with Suits may be instituted by indigent persons.
• Subject to the following provisions, any suit may be instituted by an indigent person.
• Explanation 1.—A person is an indigent person:
  • If he is not possessed of sufficient means (other than property exempt from attachment in execution of a decree and the subject-matter of the suit) to enable him to pay the fee prescribed by law for the plaint in such suit, or
  • Where no such fee is prescribed, if he is not entitled to property worth one thousand rupees other than the property exempt from attachment in execution of a decree, and the subject-matter of the suit.
• Explanation II.—Any property which is acquired by a person after the presentation of his application for permission to sue as an indigent person, and before the decision of the application, shall be taken into account in considering the question whether or not the applicant is an indigent person.​

The correct answer is option 3.Key Points

• Rule 10 deals with costs where indigent person succeeds.
• Where the plaintiff succeeds in the suit, the Court shall calculate the amount of court-fees which would have been paid by the plaintiff if he had not been permitted to sue as an indigent person; such amount shall be recoverable by the State Government from any party ordered by the decree to pay the same and shall be a first charge, on the subject-matter of the suit.

Additional Information

• Order 33 under Civil Procedure Code 1908 deals with suits by Indigent.
• Rule 1 deals with Suits may be instituted by indigent persons.
• Subject to the following provisions, any suit may be instituted by an indigent person.
• Explanation 1.—A person is an indigent person:
  • If he is not possessed of sufficient means (other than property exempt from attachment in execution of a decree and the subject-matter of the suit) to enable him to pay the fee prescribed by law for the plaint in such suit, or
  • Where no such fee is prescribed, if he is not entitled to property worth one thousand rupees other than the property exempt from attachment in execution of a decree, and the subject-matter of the suit.
• Explanation II.—Any property which is acquired by a person after the presentation of his application for permission to sue as an indigent person, and before the decision of the application, shall be taken into account in considering the question whether or not the applicant is an indigent person.​

correct answer is Yes.

Key PointsUnder the Code of Civil Procedure (CPC) in India, a civil court has the authority to examine a party at the first hearing. The relevant provision that allows for the examination of a party at the first hearing is Order X, Rule 1 of the CPC.

According to Order X, Rule 1 of the CPC, At any stage of a suit, the Court may, either of its own motion or on the application of any party, and on such terms as may appear to the Court to be just,—

• (a) order any party to the suit other than a plaintiff or defendant, to give evidence for the purpose of the suit, by affidavit or otherwise:
• (b) order any party to the suit to produce any documents in his possession or power, for the purpose of the suit;
• (c) order any person, not a party to the suit, to attend and be examined as a witness or to produce any document in his possession or power, for the purpose of the suit.

Explanation: The examination, at any stage of the suit, of a party or witness, shall be made by putting questions, by the Court or under its direction, to the party or witness, and recording the answers verbatim.