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Test: Order 21 Rule 54 CPC - Judiciary Exams MCQ


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15 Questions MCQ Test - Test: Order 21 Rule 54 CPC

Test: Order 21 Rule 54 CPC for Judiciary Exams 2024 is part of Judiciary Exams preparation. The Test: Order 21 Rule 54 CPC questions and answers have been prepared according to the Judiciary Exams exam syllabus.The Test: Order 21 Rule 54 CPC MCQs are made for Judiciary Exams 2024 Exam. Find important definitions, questions, notes, meanings, examples, exercises, MCQs and online tests for Test: Order 21 Rule 54 CPC below.
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Test: Order 21 Rule 54 CPC - Question 1
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What is the primary focus of Order 21 of the Code of Civil Procedure in relation to the execution of decrees?

Detailed Solution for Test: Order 21 Rule 54 CPC - Question 1
Order 21 of the Code of Civil Procedure primarily concentrates on ensuring that decree holders receive the benefits they are entitled to after legal proceedings. Execution of decrees is a crucial step that occurs after a judgment is finalized, and it emphasizes the importance of implementing decrees to guarantee that the rightful parties receive their due. This process is essential for the enforcement of court decisions and the resolution of disputes.
Test: Order 21 Rule 54 CPC - Question 2
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According to Order 21 Rule 1 of the CPC, what is the sequence in which payments should be made in money decrees?

Detailed Solution for Test: Order 21 Rule 54 CPC - Question 2
Order 21 Rule 1 of the CPC specifies the sequence in which payments should be made in money decrees. According to this rule, payments should be made in the following order: first, interest; then, costs; and finally, the principal amount. This ensures a structured method of adjustment in money decrees, starting with interest, followed by costs, and concluding with the principal amount.
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Test: Order 21 Rule 54 CPC - Question 3
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In the execution of money decrees, what happens when a judgment debtor deposits amounts decreed by the trial court?

Detailed Solution for Test: Order 21 Rule 54 CPC - Question 3
In the execution of money decrees, when a judgment debtor deposits amounts decreed by the trial court, the balance is applied to the principal amount, not to the interest or the enhanced amount awarded by the appellate court. This ensures that the principal sum is reduced accordingly, and interest ceases on the part of the principal sum once it is paid or deposited by the judgment debtor. This process helps in settling the debt efficiently and fairly.
Test: Order 21 Rule 54 CPC - Question 4
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According to the Supreme Court case of Shaukat Hussain vs. Smt. Bhuneshwari Devi, what specific circumstances allow a judgment-debtor to seek the setting aside of a sale conducted in execution of a decree under Order 21 Rule 29 of the Civil Procedure Code?
Detailed Solution for Test: Order 21 Rule 54 CPC - Question 4
As per the Supreme Court case of Shaukat Hussain vs. Smt. Bhuneshwari Devi, the judgment-debtor can request the setting aside of a sale conducted in execution of a decree under Order 21 Rule 29 if they can demonstrate substantial harm caused by irregularities in the sale process. This means that the debtor needs to prove that the irregularities had a significant negative impact or harm resulting from the sale process to be successful in their claim. This highlights the importance of showing actual harm caused by the irregularities as a key condition for seeking the setting aside of the sale.
Test: Order 21 Rule 54 CPC - Question 5
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According to the legal dispute discussed, what was the key contention between the lower courts and the High Court?
Detailed Solution for Test: Order 21 Rule 54 CPC - Question 5
The primary contention between the lower courts and the High Court revolved around the validity of the court-ordered stay during the sale. While the lower courts argued that the sale took place under the existing stay, the High Court maintained that the stay had actually ended before the sale occurred. The High Court specifically deemed the stay issued by the Munsif Gaya court as invalid, asserting that there was no legal impediment to the execution, thereby declaring the subsequent sale as lawful. This legal debate showcases the importance of precise timing and legal procedures in such disputes.
Test: Order 21 Rule 54 CPC - Question 6
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According to Section 47 of the Civil Procedure Code, what authority does the Executing Court hold in relation to the execution of a decree?
Detailed Solution for Test: Order 21 Rule 54 CPC - Question 6
Section 47 of the Civil Procedure Code empowers the Executing Court to resolve all questions related to the execution, discharge, and satisfaction of a decree. This means that the Executing Court has the authority to handle a wide range of issues that may arise between the parties involved in the suit regarding the decree. This provision ensures that all matters concerning the execution process can be addressed by the Executing Court without the need for separate legal proceedings.
Test: Order 21 Rule 54 CPC - Question 7
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What is the distinction between a judgment debt or decree and an actionable claim in the context of assignment and transfer of decrees?
Detailed Solution for Test: Order 21 Rule 54 CPC - Question 7
In the context of assignment and transfer of decrees, it's crucial to understand the difference between a judgment debt or decree and an actionable claim. A judgment debt or decree does not fall under the definition of an actionable claim because it does not require further action to enforce it; the decree itself secures it. On the other hand, an actionable claim involves a claim to a debt or beneficial interest in movable property not in the claimant's possession. This distinction is important as it impacts the process and requirements for the assignment and transfer of these legal instruments.
Test: Order 21 Rule 54 CPC - Question 8
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What right does Rule 99 of Order 21 confer to individuals who are not the Judgment Debtor in a legal context regarding property dispossession?
Detailed Solution for Test: Order 21 Rule 54 CPC - Question 8
Rule 99 of Order 21 in legal proceedings enables any person, apart from the Judgment Debtor, to object and claim their rights in the property from which they face dispossession. This rule serves as a crucial safeguard for individuals who have legitimate claims or interests in the property but are not the original judgment debtors. It allows them to intervene and protect their rights during the dispossession process, ensuring a fair and equitable resolution of property disputes.
Test: Order 21 Rule 54 CPC - Question 9
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What is the primary condition that must be fulfilled to set aside the sale of a mortgaged property according to Order 21 Rule 89 CPC?
Detailed Solution for Test: Order 21 Rule 54 CPC - Question 9
According to Order 21 Rule 89 CPC, the primary condition to set aside the sale of a mortgaged property is the payment of the mortgage money and depositing 5% of the purchase money in court. This rule aims to ensure that the necessary financial obligations are met to protect the interests of all parties involved in the sale of the property. It emphasizes the importance of fulfilling these conditions to proceed with setting aside the sale of a mortgaged property.
Test: Order 21 Rule 54 CPC - Question 10
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What does Rule 105 of Order 21 specify?
Detailed Solution for Test: Order 21 Rule 54 CPC - Question 10
Rule 105 of Order 21 specifies the hearing process for applications under Order 21 in legal proceedings. It addresses scenarios where applicants or opposite parties are absent during hearings. This rule ensures that the court sets a day for application hearing and outlines the actions the court can take based on the presence or absence of the involved parties. Understanding Rule 105 is crucial in comprehending the procedural aspects related to application hearings and the conduct expected in such legal situations.
Test: Order 21 Rule 54 CPC - Question 11
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According to Rule 89 of Order 21 of the Code of Civil Procedure, what is the condition required for defeating the auction purchaser's claim?
Detailed Solution for Test: Order 21 Rule 54 CPC - Question 11
According to Rule 89 of Order 21 of the Code of Civil Procedure, the condition required for defeating the auction purchaser's claim is that the decree must be satisfied simultaneously. This provision aims to protect the auction purchaser's claim unless the decree is satisfied at the same time, ensuring fairness in the execution process.
Test: Order 21 Rule 54 CPC - Question 12
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When can a sale be set aside according to Order 21 Rule 90 CPC?
Detailed Solution for Test: Order 21 Rule 54 CPC - Question 12
According to Order 21 Rule 90 CPC, to set aside a sale, the applicant must demonstrate that the irregularities or fraud have led to significant harm. Mere proof of irregularity or fraud is not sufficient; instead, the irregularity or fraud must result in substantial injury to the applicant to warrant setting aside the sale. This ensures that the sale is only annulled when there is a significant impact on the applicant, maintaining the integrity of the legal process.
Test: Order 21 Rule 54 CPC - Question 13
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In a scenario involving a decree against a father and his four sons, what share of the joint family property was acquired by an auction purchaser, considering the subsequent complications that arose?
Detailed Solution for Test: Order 21 Rule 54 CPC - Question 13
In the given scenario, an auction purchaser acquired the share of the four sons in the joint family property, which amounted to a 2/3rd stake in the property. This acquisition was subject to complications arising from the birth of another son and the subsequent allocation of a 1/6th share in a partition suit to the purchaser. It's essential to understand the implications of such acquisitions in joint family property scenarios to navigate the legal complexities effectively.
Test: Order 21 Rule 54 CPC - Question 14
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In which scenario can someone who is not a coparcenary property holder acquire title through adverse possession?
Detailed Solution for Test: Order 21 Rule 54 CPC - Question 14
Adverse possession allows individuals who are not coparcenary property holders to acquire title by gaining possession of a share and holding it adversely. This legal concept enables someone to claim ownership of land they do not have a legal title to, through continuous possession for a specified period. It is essential to meet certain conditions such as open, notorious, exclusive, and continuous possession to establish a claim of adverse possession.
Test: Order 21 Rule 54 CPC - Question 15
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What is the key difference between a mortgage and a charge in legal terms?
Detailed Solution for Test: Order 21 Rule 54 CPC - Question 15
In legal terms, a key distinction between a mortgage and a charge lies in their nature. A mortgage involves a transfer of interest in property, implying that the mortgagee (the lender) gains a right over the mortgaged property. On the other hand, a charge grants the lender a right to receive payment out of specified property without transfer of ownership. This legal difference impacts the rights and obligations of the parties involved in property transactions.
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