Order XLI of the Code of Civil Procedure governs the procedure for filing appeals from original decrees in civil suits. It provides the rules for how an appeal should be presented, the powers of the appellate court, the remanding of cases, and the disposal of appeals. This Order ensures that a party aggrieved by a trial court’s decree has the opportunity to seek redress before a higher court, thereby reinforcing the principle of justice through judicial review.
1. What is the main focus of Order XLI of the CPC?
A. Appeals from original decrees
B. Execution of decrees
C. Filing of written statements
D. Temporary injunctions
Answer: A. Appeals from original decrees
2. Under Order XLI Rule 1, when an appeal is filed, what must the appellant include?
A. A statement of the case
B. A certified copy of the decree appealed from
C. The original plaint
D. The affidavit of all witnesses
Answer: B. A certified copy of the decree appealed from
3. Under Order XLI Rule 3, the appellant must give a notice to the respondent. What happens if the respondent does not appear in court after receiving the notice?
A. The appeal is automatically dismissed
B. The court proceeds ex parte against the respondent
C. The respondent is fined
D. The court adjourns the hearing indefinitely
Answer: B. The court proceeds ex parte against the respondent
4. Under Order XLI Rule 5, what can the appellate court do if the appellant applies for a stay of the execution of the decree?
A. Automatically grant a stay without hearing the respondent
B. Hear the respondent before passing an order for stay
C. Reject the application for stay in all cases
D. Grant a stay only after a final judgment is delivered
Answer: B. Hear the respondent before passing an order for stay
5. What is the time limit within which an appeal should be filed under Order XLI Rule 1 from the date of the judgment?
A. 30 days
B. 60 days
C. 90 days
D. 90 days (if the decree is passed by the High Court)
Answer: C. 90 days
6. Under Order XLI Rule 6, when the appeal is filed, what must the appellant do to ensure the decree is not executed during the pendency of the appeal?
A. Provide security to the court
B. Submit a sworn affidavit explaining the need for the stay
C. File a petition for revision
D. Submit a copy of the judgment
Answer: A. Provide security to the court
7. Under Order XLI Rule 10, what is the effect if an appellant withdraws an appeal during the proceedings?
A. The appeal is dismissed with immediate effect
B. The appeal is withdrawn with the permission of the court, and the respondent may file a cross-appeal
C. The appeal is automatically allowed, and the decree stands reversed
D. The respondent must pay a fine for the delay caused
Answer: B. The appeal is withdrawn with the permission of the court, and the respondent may file a cross-appeal
8. If the appellate court dismisses an appeal under Order XLI, what happens to the decree passed by the lower court?
A. It is stayed indefinitely
B. The lower court’s decree is affirmed
C. The lower court is directed to review the decree
D. The appellate court has to reframe the judgment
Answer: B. The lower court’s decree is affirmed
9. Under Order XLI Rule 14, the appellant must file a memorandum of appeal. Which of the following is NOT required to be stated in the memorandum?
A. The grounds of appeal
B. The relief sought from the appellate court
C. A certified copy of the judgment and decree
D. The opinion of the trial judge on the issues
Answer: D. The opinion of the trial judge on the issues
10. Under Order XLI Rule 16, when the appellate court admits an appeal, what must it ensure regarding the record of the case?
A. It must ensure the entire record is filed and complete
B. It can proceed without the record and rely on the oral arguments
C. It must review the judgment and record itself before admitting the appeal
D. It must allow the parties to submit a new record for review
Answer: A. It must ensure the entire record is filed and complete