arrow
arrow
arrow
Which one of the following is not a decree under Civil Procedure Code, 1908?
Question

Which one of the following is not a decree under Civil Procedure Code, 1908?

A.

Rejection of a plaint for non-payment of Court fee.

B.

Any order of dismissal for default.

C.

Both (a) and (b).

D.

None of the above.

Correct option is B

A decree under the Civil Procedure Code, 1908 is a formal adjudication by the court that conclusively determines the rights of the parties in a suit, with respect to all or any of the matters in controversy. Let’s analyze the options:

  • Option A: Rejection of a plaint for non-payment of Court fees is considered a decree under the CPC, as it is a final adjudication of the suit on a procedural ground.

  • Option B: An order of dismissal for default (when the plaintiff fails to appear or take necessary steps) is not a decree because it does not conclusively determine the rights of the parties on merits. It is considered an "order" and can be set aside.

Thus, Option B is not a decree under CPC, 1908, while Option A is a decree. Therefore, the answer is B.

Information Booster:

A decree is defined in Section 2(2) of the Civil Procedure Code, 1908, and it must conclusively determine the rights of the parties involved. Orders like dismissal for default do not resolve the dispute and thus are not decrees.

4o

test-prime-package

Access ‘State Judiciary PCS J’ Mock Tests with

  • 60000+ Mocks and Previous Year Papers
  • Unlimited Re-Attempts
  • Personalised Report Card
  • 500% Refund on Final Selection
  • Largest Community
students-icon
353k+ students have already unlocked exclusive benefits with Test Prime!
test-prime-package

Access ‘State Judiciary PCS J’ Mock Tests with

  • 60000+ Mocks and Previous Year Papers
  • Unlimited Re-Attempts
  • Personalised Report Card
  • 500% Refund on Final Selection
  • Largest Community
students-icon
353k+ students have already unlocked exclusive benefits with Test Prime!
Our Plans
Monthsup-arrow