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Past Questions
Right of Subrogation means
A)
The surety will step into the shoes of the another
B)
He is entitled to the benefit of every security which the creditor has
C)
The surety can claim indemnity from the principal debtor
D)
All the above
The Right of Subrogation is a fundamental principle in the Law of Contract (specifically under the Law of Guarantee). It occurs when a surety pays the debt of the principal debtor to the creditor.
1. 'Stepping into the shoes': Subrogation literally means substitution. Once the surety pays the creditor, they are substituted in the place of the creditor. This means the surety acquires all the rights that the creditor had against the principal debtor (Option a).
2. 'Benefit of every security': Under Section 140 of the Indian Contract Act, 1872, a surety who pays the debt is entitled to the benefit of every security which the creditor had against the principal debtor at the time when the contract of guarantee was entered into, regardless of whether the surety knew of such security or not (Option b).
3. 'Claim indemnity': While the right to be reimbursed is technically the 'Right of Indemnity' (Section 145), in the broader context of the surety's recovery process after payment, the right of subrogation allows the surety to pursue the principal debtor for the amount paid (Option c).
Since options a, b, and c are all legal consequences or components of the surety's rights upon payment of the debt, 'All the above' is the correct choice.
As per principle laid down in Order VI, Rule 2, of C.P.C. Pleadings needs to state.
A)
Material facts not evidence
B)
Evidence
C)
None of the above
D)
Both (a) & (b)
Order VI, Rule 2 of the Code of Civil Procedure (CPC), 1908, explicitly deals with the 'Pleading—general rules'. It mandates that every pleading shall contain, and shall be confined to, a statement of material facts on which the party pleading relies for his claim or defense, as the case may be, but shall not contain the evidence by which they are to be proved.
1. Material Facts: These are the primary facts that a party must prove to establish their cause of action or defense. If a material fact is omitted, the pleading may be defective.
2. Evidence (Facta Probantia): These are the facts by which the material facts (Facta Probanda) are proved. The law prohibits the inclusion of evidence in the pleadings to keep the documents concise and to prevent the court from being bogged down by detailed narratives before the trial stage.
Therefore, option (a) is correct because pleadings must state material facts and exclude evidence. Option (b) is incorrect as it contradicts the rule, and option (d) is incorrect because it includes the prohibited element of evidence.
The damages which are accorded to establish the right of decree for breach of contract is called a
A)
Nominal damages
B)
Liquidated damages
C)
Exemplary damages
D)
Special damages
In contract law, damages are categorized based on the purpose they serve and the loss suffered.
1. **Nominal Damages (Correct):** These are awarded when a breach of contract has occurred, but the innocent party has suffered no actual financial loss. The court awards a small, symbolic sum (e.g., $1 or ₹1) simply to establish the legal right of the plaintiff and to formally recognize that a breach of contract took place. The primary purpose is to 'establish the right of decree' rather than to compensate for a loss.
2. **Liquidated Damages (Incorrect):** These are damages whose amount is specifically predetermined and agreed upon by the parties within the contract itself in the event of a breach.
3. **Exemplary/Punitive Damages (Incorrect):** These are awarded to punish the defendant for particularly egregious or malicious behavior and to deter others from similar conduct. They are rare in standard contract law cases.
4. **Special Damages (Incorrect):** These are damages awarded for losses that are not a natural result of the breach but were specifically communicated to and contemplated by the parties at the time the contract was formed.
A makes a contract with B to beat his business competitor. This is an example of
A)
Valid contract.
B)
Illegal agreement.
C)
Voidable contract.
D)
Unenforceable contract.
Step-by-step reasoning:
1. **Analysis of the Object**: The contract involves an agreement to 'beat' a business competitor. This constitutes an act of physical violence or assault, which is a criminal offense under the law.
2. **Legal Principle (Object and Consideration)**: Under Contract Law (specifically Section 23 of the Indian Contract Act, 1872, which is the standard for such exams), an agreement is void if its object or consideration is forbidden by law, is fraudulent, involves injury to the person or property of another, or is immoral or opposed to public policy.
3. **Classification**: Since the object of this agreement is to commit a crime (assault), it is not merely 'void' (empty of legal effect) but 'illegal'. An illegal agreement is one that is forbidden by law.
4. **Evaluating Options**:
- (a) Valid contract: Incorrect, as a contract to commit a crime cannot be legally binding.
- (b) Illegal agreement: Correct, as the object is forbidden by law and involves injury to another person.
- (c) Voidable contract: Incorrect, as voidable contracts are those where one party has the option to rescind (e.g., due to coercion or fraud), not those based on criminal acts.
- (d) Unenforceable contract: Incorrect, as this refers to contracts that are valid but cannot be proved in court due to technical defects (e.g., lack of registration).
In summary case when defendant appear before Court after receiving summon he needs
A)
To submit written reply
B)
Leave of Court to defend the suit
C)
To surrender
D)
To object
Under the Code of Civil Procedure (CPC), specifically Order XXXVII (37), which deals with 'Summary Procedure', the standard rules of pleading are modified to ensure a faster recovery of money in specific cases (like bills of exchange, hundis, or promissory notes).
1. In a regular suit, a defendant has a right to file a written statement. However, in a Summary Suit, the defendant does not have an automatic right to defend the case.
2. Once the defendant enters an appearance (usually within 10 days of receiving the summons for judgment), they must apply for 'Leave to Defend'.
3. The Court will grant this leave only if the defendant can show that they have a substantial defense or a triable issue. If the court finds the defense frivolous or vexatious, it may refuse leave to defend, leading to an immediate decree in favor of the plaintiff.
Why other options are incorrect:
- Option (a): A written reply (Written Statement) cannot be filed as a matter of right until the Court grants 'Leave to Defend'.
- Option (c): 'Surrender' is a criminal law concept and is not applicable to civil procedure.
- Option (d): While a defendant can object to certain procedural aspects, the primary legal requirement to contest the merits of a summary suit is obtaining leave from the court.
A decree becomes final–
A)
When no appeal has been preferred against the decree
B)
When it conclusively determines the right of the parties
C)
Both (a) and (b)
D)
Neither (a) nor (b)
In the context of the Code of Civil Procedure (CPC), it is essential to distinguish between a 'decree' and a 'final decree'.
1. Analysis of Option (b): A decree, by its very definition under Section 2(2) of the CPC, is the formal expression of an adjudication which 'conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit'. Therefore, the act of conclusively determining the rights is what makes an adjudication a 'decree' in the first place; it does not make a decree 'final'.
2. Analysis of Option (a): A decree is considered 'final' when it is no longer subject to any remedy of appeal or review. If an appeal is preferred, the decree is 'appealable' but not yet 'final' because the higher court may alter or reverse it. Once the period for filing an appeal has expired, or if no appeal has been preferred, the decree attains finality.
3. Conclusion: Since (b) describes the nature of a decree and (a) describes the condition under which a decree becomes final, option (a) is the correct legal answer.
An offer is revoked
A)
By the death or insanity of the proposer
B)
By Lapse of time
C)
By Communication of notice of revocation
D)
All of these
Under the Indian Contract Act, 1872 (and general common law principles), an offer/proposal can be revoked or terminated in several ways:
1. **Communication of notice of revocation (Option c):** According to Section 5 of the Indian Contract Act, a proposal may be revoked at any time before the communication of its acceptance is complete as against the proposer, by communicating the revocation.
2. **Lapse of time (Option b):** An offer terminates if it is not accepted within the time prescribed by the proposer, or if no time is prescribed, within a reasonable time.
3. **Death or Insanity of the proposer (Option a):** If the proposer dies or becomes insane, and this fact comes to the knowledge of the offeree before acceptance, the offer is revoked. (Note: While some jurisdictions vary on whether death automatically revokes an offer, in the context of standard competitive exams on Contract Law, it is recognized as a mode of termination/revocation).
Since all three scenarios lead to the termination or revocation of the offer, the correct answer is 'All of these'.
“Pauper” means a person
A)
Who does not possess sufficient means to enable him to pay the fee prescribed by law for the plaint in suit
B)
The person who does not possess property worth 1000/- rupees other than his necessary wearing
C)
Both (a) and (b)
D)
Neither (a) Nor (b)
Under the Code of Civil Procedure (CPC), the concept of a 'pauper' (now legally referred to as an 'indigent person' following the 1976 amendment) is dealt with under Order XXXIII. An indigent person is defined as one who does not possess 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.
Option (a) accurately reflects this legal definition.
Option (b) is incorrect because the law does not prescribe a fixed monetary threshold (such as 1000/- rupees) to define a pauper; rather, it focuses on the ability to pay the specific court fee required for that particular suit.
Since (b) is incorrect, option (c) and (d) are automatically eliminated.
In every suit of interpleader the plaint shall in addition to other statement necessary for plaints state
A)
That the plaintiff claims no interest in the subject matter in dispute other than for charges, or costs, the claims made by the defendants severally
B)
That there is no collusion between the plaintiff and any of the defendant
C)
Both (a) and (b)
D)
Neither (a) Nor (b)
This question pertains to the requirements of a plaint in an interpleader suit under the Code of Civil Procedure (CPC), 1908. An interpleader suit is one where the plaintiff (a stakeholder) does not claim any right to the property in dispute but is caught between two or more competing claimants.
According to Order XXXV, Rule 1 of the CPC, in every suit of interpleader, the plaint shall, in addition to other statements necessary for plaints, state:
1. That the plaintiff claims no interest in the subject-matter in dispute other than for charges or costs (as mentioned in option a).
2. That there is no collusion between the plaintiff and any of the defendants (as mentioned in option b).
Since both conditions are mandatory statutory requirements for the filing of an interpleader suit to ensure the plaintiff is a neutral party and not conspiring with one of the claimants, option (c) is the correct choice.
When Court reject any document under O. XIII, Rule 3 C.P.C. it
A)
Must inform the affected party
B)
Must inform the beneficent party
C)
Must record ground of rejection
D)
Must inform the affected party and beneficent party
Under the Code of Civil Procedure (C.P.C.), Order XIII deals with the production, marking, and admission/rejection of documents. Specifically, Order XIII Rule 3 mandates the procedure for the court when it admits or rejects a document. According to the rule, the Court shall record a statement as to whether the document is admitted or rejected. If the Court rejects a document, it is a legal requirement that the Court must record the reasons or the grounds for such rejection. This ensures transparency and provides a basis for any subsequent appeal or revision against the order of rejection. Options (a), (b), and (d) refer to informing parties, which is a general consequence of a court order but not the specific statutory requirement mandated by the rule regarding the judicial act of rejection itself.
An agency is terminated
A)
By the principal revoking the authority
B)
By the agent renouncing the business of agency
C)
By either the principal or agent dying or becoming of unsound mind
D)
All the above
Under the Indian Contract Act, 1872 (which governs agency law in the context of MPSC exams), the termination of agency is covered under Section 202.
1. Option (a) is correct: A principal has the power to revoke the authority granted to the agent at will, subject to any contract to the contrary (Section 203).
2. Option (b) is correct: An agent may terminate the agency by renouncing the business or surrendering the authority granted to them (Section 204).
3. Option (c) is correct: An agency is automatically terminated by the death or insanity of either the principal or the agent, as the relationship is based on personal trust and capacity (Section 201).
Since all three scenarios (revocation by principal, renunciation by agent, and death/insanity) are valid legal grounds for the termination of an agency, the correct answer is 'All the above'.
A continuing guarantee applies to
A)
Reasonable number of transactions
B)
Any number of transactions
C)
A series of transactions
D)
A specific transaction
Under the Indian Contract Act, 1872 (which governs Contract Law in jurisdictions like India and Mizoram), a guarantee is classified into two main types: a Specific Guarantee and a Continuing Guarantee.
1. **Specific Guarantee:** This is a guarantee given for a single debt, a specific transaction, or a particular purpose. Once that transaction is completed or the debt is paid, the guarantee comes to an end.
2. **Continuing Guarantee:** Defined under Section 129 of the Indian Contract Act, 1872, a guarantee which extends to a series of transactions is called a 'continuing guarantee'. Unlike a specific guarantee, it remains in force for multiple transactions over a period of time until it is revoked by the surety.
Analysis of options:
- Option (a) 'Reasonable number of transactions' is incorrect because the law does not limit it to 'reasonable' numbers, but rather the nature of the agreement to cover a sequence of events.
- Option (b) 'Any number of transactions' is too broad; while it can cover many, the legal definition specifically uses the term 'series'.
- Option (c) 'A series of transactions' is the exact legal definition provided in Section 129.
- Option (d) 'A specific transaction' describes a Specific Guarantee, not a Continuing Guarantee.
An inter pleader suit is one where the real dispute is between the____________ only.
A)
plaintiffs
B)
defendants
C)
intervenors
D)
respondents
An interpleader suit is a specific legal proceeding governed by Section 88 and Order XXXV of the Code of Civil Procedure (CPC). In such a suit, the plaintiff is a person who is in possession of property or money but does not claim any interest in it themselves. Instead, they are faced with competing claims to that property from two or more other parties. The plaintiff files the suit to compel these competing claimants to litigate among themselves to determine who is the rightful owner. Therefore, the plaintiff is a neutral party, and the 'real dispute'—the conflict over who owns the property—exists exclusively between the defendants.
- Option (a) is incorrect because the plaintiff is neutral and not part of the dispute.
- Option (c) is incorrect because intervenors are third parties who enter a suit; they are not the primary parties defining an interpleader suit.
- Option (d) is incorrect because 'respondents' is a term typically used in appeals or petitions, whereas in a civil suit, the parties are termed plaintiffs and defendants.
When the consent of a party is obtained by coercion undue influence, fraud or misrepresentation, the contract is:
A)
Voidable
B)
Void
C)
Illegal
D)
Valid
Under the Indian Contract Act, 1872 (which governs contract law in the context of MPSC exams), 'Free Consent' is an essential element of a valid contract. Section 10 states that all agreements are contracts if they are made by the free consent of parties.
1. **Free Consent**: Consent is said to be free when it is not caused by Coercion (Section 15), Undue Influence (Section 16), Fraud (Section 17), or Misrepresentation (Section 18).
2. **Voidability**: According to Section 19 and Section 19A, when consent to an agreement is caused by any of these factors, the agreement is a contract 'voidable' at the option of the party whose consent was so caused.
Why other options are incorrect:
- **Void (b)**: A void contract is one that is not enforceable by law from the beginning (void ab initio). Contracts lacking free consent are not automatically void; they remain valid until the aggrieved party chooses to rescind them.
- **Illegal (c)**: An illegal contract is one that involves performing an act forbidden by law. Coercion or fraud makes a contract voidable, not necessarily illegal.
- **Valid (d)**: A contract is only fully valid if consent is 'free'. If consent is obtained through these vices, the contract is flawed and subject to being set aside.
A decree, judgment or order can be amended if there is
A)
Clerical or arithmetical error
B)
Factual error
C)
Conceptual error
D)
Minor error
Under the Code of Civil Procedure (CPC), specifically Section 152, the court has the power to correct clerical or arithmetical mistakes in judgments, decrees, or orders. This is known as the 'correction of clerical or arithmetical mistakes'.
1. **Section 152 of CPC**: It explicitly states that clerical or arithmetical mistakes in judgments, decrees or orders, or errors arising therein from accidental slips or omissions, may be corrected from time to time, either of its own motion or on the application of any of the parties.
2. **Nature of the Error**: The power under Section 152 is limited to 'accidental slips'. It does not allow the court to change the substance of the decision or correct a legal/conceptual error.
3. **Why other options are incorrect**:
- **Factual error (b)**: A mistake of fact that affects the merits of the case cannot be corrected under Section 152; it would typically require a review or an appeal.
- **Conceptual error (c)**: An error in the application of law or a conceptual mistake is a substantive error and cannot be amended via a simple correction of a clerical slip.
- **Minor error (d)**: 'Minor' is too vague. A minor error that is substantive in nature cannot be corrected; only those that are specifically clerical or arithmetical are permissible.
Substituted agent is
A)
Agent’s agent
B)
Principal’s agent
C)
None of the above
D)
Both (a) and (b)
In the law of agency, a 'substituted agent' occurs when an agent, with the authority of the principal, names another person to act for the principal in a particular part of the business. According to the principles of the Indian Contract Act (and general common law), once the original agent appoints a substituted agent with the principal's consent/authority, a direct contractual relationship is established between the principal and the substituted agent. Therefore, the substituted agent becomes the agent of the principal, not the agent of the original agent. This is distinct from a 'sub-agent,' who is appointed by the agent without the principal's direct involvement in the appointment and remains responsible to the original agent. Because the substituted agent is directly appointed to serve the principal, they are legally classified as the Principal's agent.
The rights of the indemnity holder is covered by
A)
Section 125
B)
Section 101
C)
Section 224
D)
None of the above
The question pertains to the Indian Contract Act, 1872. A contract of indemnity is defined under Section 124, where one party promises to save the other from loss caused to him by the conduct of the promisor himself, or by the conduct of any other person. Section 125 specifically outlines the 'Rights of indemnity-holder when he sues third party'. According to Section 125, the indemnity holder is entitled to recover from the promisor all damages they may be compelled to pay in any suit, all costs of the suit, and all sums paid under the terms of any compromise of such suit.
Analysis of options:
- Option (a) Section 125: Correct. It explicitly covers the rights of the indemnity holder.
- Option (b) Section 101: Incorrect. This section relates to the framing of charges in criminal law (CrPC) or is unrelated to indemnity in the Contract Act.
- Option (c) Section 224: Incorrect. The Indian Contract Act, 1872, does not contain a Section 224 (it ends at Section 238).
- Option (d) None of the above: Incorrect, as option (a) is the correct legal provision.
If a party fails to produce any documentary evidence at subsequent stage can produce it if that party
A)
Is effective,
B)
Shows good cause for non production of evidence
C)
Make application with affidavit
D)
All of the above
Under the Code of Civil Procedure (CPC), specifically relating to the production of documents (Order VII Rule 14 for plaintiffs and Order VIII Rule 1 for defendants), parties are required to produce all documents they rely upon at the time of filing the plaint or written statement. However, the law provides a mechanism for the late production of documents. According to the proviso to Order VII Rule 14(3) and Order VIII Rule 1C, a document which ought to have been produced in the pleadings may be received in evidence at a later stage only if the party 'leaves the court satisfied' that there was a 'good cause' for the non-production of the document at the earlier stage.
- Option (a) 'Is effective' is legally meaningless in this context.
- Option (c) 'Make application with affidavit' is a procedural method to request the court, but the legal *criterion* for the court to grant the request is the existence of 'good cause'.
- Option (d) is incorrect because only the 'good cause' requirement is the substantive legal prerequisite for the admission of late evidence.
Every promise and every set of promise forming the consideration for each other is a/an
A)
Contract.
B)
Agreement.
C)
Offer.
D)
Acceptance.
This question is based on the definition provided in the Indian Contract Act, 1872. According to Section 2(e) of the Act, 'Every promise and every set of promises, forming the consideration for each other, is an agreement'.
Step-by-step reasoning:
1. **Agreement (Option b):** By definition, when one party makes a promise and the other party provides consideration (something of value) in exchange, it constitutes an agreement.
2. **Contract (Option a):** According to Section 2(h), an agreement is only a contract if it is 'enforceable by law'. Not every agreement is a contract (e.g., social or domestic agreements are not contracts because they lack legal enforceability).
3. **Offer (Option c):** An offer (or proposal) is the starting point of an agreement (Section 2(a)), but it is only one side of the transaction. It becomes an agreement only after it is accepted.
4. **Acceptance (Option d):** Acceptance is the act of agreeing to the terms of an offer (Section 2(b)). Like the offer, it is a component of an agreement, not the agreement itself.
Proclamation in news papers is also a type of
A)
Substituted service
B)
Ordinary service
C)
Special service
D)
None of the above
Under the Code of Civil Procedure (CPC), specifically Order V, Rule 20, 'Substituted Service' is a method used when the court is satisfied that the defendant is avoiding service of the summons or that the summons cannot be served in the ordinary way. One of the most common forms of substituted service is the publication of the summons in a daily newspaper circulating in the locality where the defendant is known to have last resided or carried on business.
- Option (b) 'Ordinary service' refers to the standard delivery of summons via a court officer or registered post (Order V, Rules 9-19).
- Option (c) 'Special service' is not a standard legal classification for newspaper proclamations in the context of the CPC.
- Therefore, since newspaper proclamation is used as a substitute for personal service when ordinary methods fail, it is classified as Substituted Service.
According to Section 71 of the Contract Act, a person who finds goods belonging to another and takes them into his custody, is subject to the same responsibility as a
A)
Bailee
B)
Bailor
C)
Surety
D)
Pawnor
Section 71 of the Indian Contract Act, 1872, specifically addresses the responsibility of a finder of goods. It states: 'A person who finds goods belonging to another, and takes them into his custody, is subject to the same responsibility as a bailee.'
Step-by-step reasoning:
1. **Definition of Bailment**: Bailment occurs when goods are delivered by one person to another for some purpose, upon a contract that they shall be returned or disposed of according to the directions of the person delivering them.
2. **Finder of Goods**: While there is no formal contract between the finder and the owner, the law imposes a 'quasi-contractual' obligation on the finder.
3. **Responsibility**: Because the finder takes possession of someone else's property, they must take reasonable care of the goods (as a man of ordinary prudence would take of his own goods) and must return them to the true owner. This is the exact duty of a 'Bailee'.
Why other options are incorrect:
- **b. Bailor**: The bailor is the person who delivers the goods. The finder is the receiver/custodian, not the deliverer.
- **c. Surety**: A surety is a person who provides a guarantee to perform a promise or discharge a liability of a third party (Contract of Guarantee). This is unrelated to finding lost goods.
- **d. Pawnor**: A pawnor is a person who pledges goods as security for a loan. The finder is not pledging the goods for a loan.
“ Consensus – ad – idem” means
A)
General Consensus
B)
Meeting of minds upon the same thing in the same sense
C)
Reaching an agreement
D)
Reaching of contract
The term 'Consensus ad idem' is a Latin legal phrase used extensively in Contract Law. It literally translates to 'agreement on the same thing.' In the context of the Indian Contract Act, 1872 (and general common law), for a valid contract to exist, there must be a 'meeting of the minds.' This means that the parties to the agreement must agree upon the same thing in the same sense. If Party A thinks they are selling a car from 2020 and Party B thinks they are buying a car from 2022, there is no consensus ad idem, and therefore, no valid contract is formed.
Why other options are incorrect:
- Option (a) 'General Consensus' is too broad and does not capture the specific legal requirement of mutual agreement on the subject matter.
- Option (c) 'Reaching an agreement' is a result of consensus ad idem, but it is not the definition of the term itself.
- Option (d) 'Reaching of contract' is incorrect because a contract requires more than just consensus ad idem (it also requires consideration, capacity, free consent, and lawful object).
All persons may be joined as____________ against whom any right to relief is claimed
A)
Plaintiffs
B)
Respondents
C)
Defendants
D)
Plaintiff and respondent
This question is based on the provisions of the Code of Civil Procedure (CPC), 1908, specifically Order I, Rule 3. Order I, Rule 3 states that all persons may be joined as defendants where: (a) the right to relief is alleged to exist against them jointly, or in the alternative, or where the relief may be sought against them severally; and (b) any common question of law or fact may arise from such acts or omissions. In a civil suit, the person who files the suit is the 'Plaintiff', and the person against whom the right to relief is claimed is the 'Defendant'. Therefore, the correct term to fill in the blank is 'Defendants'. Option (a) is incorrect because plaintiffs are those who claim relief, not those against whom it is claimed. Option (b) 'Respondents' is a term typically used in appeals or petitions, whereas the general terminology for a civil suit under the CPC is 'Defendant'. Option (d) is incorrect as it combines both roles.
Discretion of Court in executing decrees for restitution of conjugal right is provide in
A)
O. XXI, Rule 30, of C.P.C.
B)
O. XXI, Rule 32, of C.P.C.
C)
O. XXI, Rule 33, of C.P.C.
D)
None of the above
Under the Code of Civil Procedure (CPC), Order XXI deals with the 'Execution of Decrees and Orders of Court'. Specifically, Rule 32 of Order XXI provides the mechanism for the execution of decrees for the restitution of conjugal rights or for an injunction.
1. **Order XXI, Rule 32**: This rule states that when a decree for the restitution of conjugal rights is passed, the court cannot force the parties to live together (as that would violate personal liberty). Instead, the court may order the property of the judgment-debtor to be attached. If the judgment-debtor fails to obey the decree or the attachment order, the court may further order the detention of the judgment-debtor in civil prison. This provides the court with the necessary discretion to enforce the decree without resorting to physical coercion of the person to return to their spouse.
2. **Order XXI, Rule 30**: This rule pertains to the execution of decrees for the specific performance of a contract (where the party fails to perform a specific act), which is unrelated to matrimonial rights.
3. **Order XXI, Rule 33**: This rule deals with the adjustment of costs in the execution of decrees, which is a procedural financial matter and not related to the enforcement of conjugal rights.
The Court may grant time and adjourn hearing as provided in O. XVII, Rule 1, when
A)
Court is busy
B)
Any party intend to do so
C)
Any party request for adjournment with sufficient cause
D)
All the above
The question pertains to Order XVII, Rule 1 of the Code of Civil Procedure (CPC), 1908. According to Order XVII, Rule 1, the Court may grant time and adjourn the hearing of a suit if 'sufficient cause' is shown.
1. Analysis of Option (c): The law explicitly states that the court has the discretion to adjourn a hearing provided the party requesting the adjournment demonstrates a valid, sufficient reason (sufficient cause) for the delay. This is the legal standard required for an adjournment.
2. Analysis of Option (a): The 'busyness' of the court is an administrative matter and not a legal ground under Order XVII, Rule 1 for granting an adjournment to a party.
3. Analysis of Option (b): A party cannot seek an adjournment simply because they 'intend' to do so; the intention must be backed by a legitimate reason (sufficient cause) to prevent the abuse of the legal process and avoid unnecessary delays in litigation.
4. Analysis of Option (d): Since options (a) and (b) are legally incorrect, 'All the above' cannot be the correct answer.