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Judiciary Exams Exam  >  Judiciary Exams Tests  >  Civil Law for Judiciary Exams  >  Test: Order 20, Rule 12 CPC - Judiciary Exams MCQ

Test: Order 20, Rule 12 CPC - Judiciary Exams MCQ


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20 Questions MCQ Test Civil Law for Judiciary Exams - Test: Order 20, Rule 12 CPC

Test: Order 20, Rule 12 CPC for Judiciary Exams 2024 is part of Civil Law for Judiciary Exams preparation. The Test: Order 20, Rule 12 CPC questions and answers have been prepared according to the Judiciary Exams exam syllabus.The Test: Order 20, Rule 12 CPC MCQs are made for Judiciary Exams 2024 Exam. Find important definitions, questions, notes, meanings, examples, exercises, MCQs and online tests for Test: Order 20, Rule 12 CPC below.
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Test: Order 20, Rule 12 CPC - Question 1
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According to the rules outlined for delivering judgments in courts, what is expected in judgments of Small Cause Courts?

Detailed Solution for Test: Order 20, Rule 12 CPC - Question 1
Judgments in Small Cause Courts are expected to contain only the key points for consideration and the resulting decision. These judgments do not need to be elaborate but should focus on the essential aspects of the case to arrive at a decision efficiently.
Test: Order 20, Rule 12 CPC - Question 2
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In the context of delivering judgments, why is it important for a judge to sign the judgment in open court?

Detailed Solution for Test: Order 20, Rule 12 CPC - Question 2
Signing the judgment in open court is crucial to authenticate the document and signify its finality. Once signed, the judgment should not be altered or added to, except under specific provisions or upon review. This practice ensures transparency, accountability, and the conclusive nature of the judgment.
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Test: Order 20, Rule 12 CPC - Question 3
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According to Rule 5, what is a requirement for courts when issues have been framed and a decision is provided?

Detailed Solution for Test: Order 20, Rule 12 CPC - Question 3
Rule 5 mandates that courts must provide their decisions on each issue separately when issues have been framed. The court is required to explain its findings on each issue along with the reasons unless the decision on one or more issues is sufficient to resolve the entire case.
Test: Order 20, Rule 12 CPC - Question 4
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In accordance with Rule 6, what details should be included in a decree?
Detailed Solution for Test: Order 20, Rule 12 CPC - Question 4
Rule 6 outlines that a decree should align with the judgment and include various details such as the suit number, parties' names and addresses, claim specifics, granted relief, costs incurred during the suit, the responsible party for payment, and the method of payment. Moreover, the court has the authority to direct that costs owed by one party can be offset against any sum owed by the other party.
Test: Order 20, Rule 12 CPC - Question 5
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In a scenario where a Judge leaves office after delivering a judgment but before signing the decree, who is authorized to sign the decree based on the judgment?
Detailed Solution for Test: Order 20, Rule 12 CPC - Question 5
When a Judge departs from office after issuing a judgment but before signing the decree, their successor is authorized to sign the decree based on the judgment. This ensures that the legal processes are appropriately followed even in situations where the original Judge is no longer available to sign the decree.
Test: Order 20, Rule 12 CPC - Question 6
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What specific details must be included in a decree concerning immovable property according to the guidelines provided?
Detailed Solution for Test: Order 20, Rule 12 CPC - Question 6
A decree involving immovable property must contain a detailed description of the property for identification purposes. If the property can be identified through boundaries or survey records, these specifics must be explicitly mentioned in the decree. This requirement ensures clarity and precision in legal documentation related to immovable property transactions.
Test: Order 20, Rule 12 CPC - Question 7
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What special directive might a court provide regarding accounts in a legal proceeding?
Detailed Solution for Test: Order 20, Rule 12 CPC - Question 7
Courts may grant involved parties the right to raise objections if they disagree with the accounts presented. This ensures transparency and fairness in financial matters by allowing all parties to voice their concerns or discrepancies regarding the financial records or transactions.
Test: Order 20, Rule 12 CPC - Question 8
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What does a Decree for Possession and Mesne Profits typically involve according to Rule 12?
Detailed Solution for Test: Order 20, Rule 12 CPC - Question 8
A Decree for Possession and Mesne Profits, as outlined in Rule 12, typically involves granting possession of the property to the concerned party. This legal action allows for the resolution of disputes regarding immovable property along with claims for rent or mesne profits. Granting possession is a crucial aspect of such decrees as it determines the rightful ownership and occupancy of the property in question.
Test: Order 20, Rule 12 CPC - Question 9
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What procedures are typically followed in cases involving property accounts and administration under a court's decree?
Detailed Solution for Test: Order 20, Rule 12 CPC - Question 9
In cases involving property accounts and administration under a court's decree, the typical procedure includes passing a preliminary decree first, directing necessary accounts and inquiries, along with other appropriate instructions. This initial step is essential in ensuring a structured and organized approach to handling the property and administration issues.
Test: Order 20, Rule 12 CPC - Question 10
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What does a court typically specify in a preliminary decree in a lawsuit involving the dissolution of a partnership?
Detailed Solution for Test: Order 20, Rule 12 CPC - Question 10
In cases involving the dissolution of a partnership, a court issues a preliminary decree that typically declares the proportional shares of the parties involved. This step is crucial in outlining each party's ownership stake and rights in the partnership.
Test: Order 20, Rule 12 CPC - Question 11
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In a pre-emption suit, what happens if the buyer fails to pay the purchase amount to the court as instructed by the decree?
Detailed Solution for Test: Order 20, Rule 12 CPC - Question 11
In a pre-emption suit where the buyer fails to pay the purchase amount to the court as instructed by the decree, the defendant is typically required to hand over possession of the property to the plaintiff upon payment. This action ensures that the rightful ownership is transferred based on the fulfillment of the financial obligations outlined in the court's decree.
Test: Order 20, Rule 12 CPC - Question 12
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When is a final decree issued concerning rent or mesne profits based on an inquiry, as per Rule 12 A?
Detailed Solution for Test: Order 20, Rule 12 CPC - Question 12
According to Rule 12 A, a final decree concerning rent or mesne profits is issued based on the inquiry results. This means that after the inquiry process is conducted and the relevant information regarding rents or mesne profits is gathered and assessed, a final decree is then issued. Such decrees are crucial in legally determining the amounts owed or due in terms of rent or mesne profits, providing a resolution to disputes or claims related to these financial aspects.
Test: Order 20, Rule 12 CPC - Question 13
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In a lawsuit involving a set-off or counter-claim, what does the decree specify?
Detailed Solution for Test: Order 20, Rule 12 CPC - Question 13
In cases where a defendant is granted a set-off or counter-claim against the plaintiff's claim, the decree will specify the amounts owed to both parties. This ensures that the financial aspects of the lawsuit are clearly addressed, outlining the obligations of each party as determined by the court.
Test: Order 20, Rule 12 CPC - Question 14
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When the Court issues a decree for property partition or separate possession of a share, what action is taken if the decree pertains to an estate paying revenue to the Government?
Detailed Solution for Test: Order 20, Rule 12 CPC - Question 14
If a decree for property partition involves an estate paying revenue to the Government, the Collector or a gazetted subordinate deputed by the Collector will be responsible for carrying out the partition or separation as per the decree and as outlined in Section 54. This administrative action ensures the proper implementation of the court's decision regarding the property in question.
Test: Order 20, Rule 12 CPC - Question 15
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In cases where the defendant is granted a set-off or counter-claim against the plaintiff's claim, what does the decree specify?
Detailed Solution for Test: Order 20, Rule 12 CPC - Question 15
When a defendant is granted a set-off or counter-claim against the plaintiff's claim, the decree specifies the amounts owed to both parties. This ensures clarity in resolving the financial aspects of the legal dispute.
Test: Order 20, Rule 12 CPC - Question 16
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According to Rule 20, what is the requirement concerning certified copies of judgment and decree in a legal proceeding?
Detailed Solution for Test: Order 20, Rule 12 CPC - Question 16
Rule 20 mandates that certified copies of the judgment and decree must be given to the involved parties upon request to the Court, with the parties bearing the associated costs. This ensures transparency and accessibility to the official legal documentation for all parties involved.
Test: Order 20, Rule 12 CPC - Question 17
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In legal cases, what is the key aspect emphasized in the case of Om Prakash v. Kimtu, (2005) 13 SCC 389?
Detailed Solution for Test: Order 20, Rule 12 CPC - Question 17
The case of Om Prakash v. Kimtu, (2005) 13 SCC 389 highlights the importance of not solely relying on judgments from other cases that are not binding on the parties involved. This emphasizes the need for thorough assessment of all materials on record by the High Court to ensure legally sound conclusions are reached.
Test: Order 20, Rule 12 CPC - Question 18
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According to the discretionary power of the court in awarding 'Mesne Profits', what factor influences the determination of these profits in future cases?
Detailed Solution for Test: Order 20, Rule 12 CPC - Question 18
The discretionary power of the court in awarding 'Mesne Profits' is influenced by the circumstances of each case and the court's assessment. This allows the court the flexibility to make fair and just decisions regarding 'Mesne Profits' based on the specific details and context of each case.
Test: Order 20, Rule 12 CPC - Question 19
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In the case of Gopalakrishna Pillai v. Meenakshi Ayal, AIR 1967 SC 155, what discretionary power does a court hold in cases falling under Order 20 Rule 12?
Detailed Solution for Test: Order 20, Rule 12 CPC - Question 19
In cases falling under Order 20 Rule 12, as per the ruling in Gopalakrishna Pillai v. Meenakshi Ayal, AIR 1967 SC 155, a court holds the discretionary power to issue a decree for investigating future mesne profits. This means that even if not explicitly requested in the plaint, the court can provide this relief, showcasing the court's authority to address potential future gains or losses related to the case.
Test: Order 20, Rule 12 CPC - Question 20
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What type of relief can a court provide in cases concerning Order 20 Rule 12 as established in Gopalakrishna Pillai v. Meenakshi Ayal, AIR 1967 SC 155?
Detailed Solution for Test: Order 20, Rule 12 CPC - Question 20
According to the precedent set in Gopalakrishna Pillai v. Meenakshi Ayal, AIR 1967 SC 155, courts handling cases falling under Order 20 Rule 12 have the discretionary power to provide relief by issuing a decree for investigating future mesne profits. This ruling underscores the court's ability to address and potentially resolve financial matters that may arise in the future as a consequence of the legal proceedings, emphasizing the court's authority in such cases.
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