Order 38 MCQ Quiz - Objective Question with Answer for Order 38 - Download Free PDF

The correct answer is Order 38 Rules 5–13

Key Points

• Attachment before judgment is a preventive remedy under the Civil Procedure Code (CPC), 1908.
• It is governed by Order 38 Rules 5 to 13, which allows the court to attach the property of the defendant before judgment to prevent frustration of the decree.
• This provision is used when the court is satisfied that the defendant is trying to remove or dispose of property to defeat the execution of a potential decree.
• The court can order conditional attachment and require the defendant to furnish security to avoid such attachment.
• The procedure ensures that plaintiffs are not left without remedy due to fraudulent actions by the defendant.

Additional Information

• Option 1. Order 39 Rule 1, 2 – Incorrect: This relates to temporary injunctions, not attachment before judgment.
• Option 2. Order 40 Rule 1 – Incorrect: This deals with the appointment of a receiver, not attachment.
• Option 3. Section 96 – Incorrect: This provides for a first appeal, not preventive remedies like attachment

The correct option is Option 3.

Key Points

• In the Code of Civil Procedure of 1908, the provision dealing with attachment before judgment is primarily covered under Order 38.
• Order 38 specifically deals with the provision for the arrest and attachment before judgment.
• Under Order 38, Rule 5 of the Code of Civil Procedure, the court may in certain circumstances order the attachment of the property of the defendant before the judgment is pronounced.
• This is done to secure the presence of sufficient assets that can be used to satisfy the decree in case it is passed in favour of the plaintiff.

Additional Information

• Order XXXVIII, Rule 1: Where the defendant may be called upon to furnish security for appearance.
• Order XXXVIII, Rule 3: Procedure for the appearance of defendant.
• Order XXXVIII, Rule 5: Where the defendant may be called upon to furnish security for production of property.

The correct option is Option 3.

Key Points

• In the Code of Civil Procedure of 1908, the provision dealing with attachment before judgment is primarily covered under Order 38.
• Order 38 specifically deals with the provision for the arrest and attachment before judgment.
• Under Order 38, Rule 5 of the Code of Civil Procedure, the court may in certain circumstances order the attachment of the property of the defendant before the judgment is pronounced.
• This is done to secure the presence of sufficient assets that can be used to satisfy the decree in case it is passed in favour of the plaintiff.

Additional Information

• Order XXXVIII, Rule 1: Where the defendant may be called upon to furnish security for appearance.
• Order XXXVIII, Rule 3: Procedure for the appearance of defendant.
• Order XXXVIII, Rule 5: Where the defendant may be called upon to furnish security for production of property.

The correct answer is option 1: "Upon bills of exchange, hundies and promissory notes and suits in which the plaintiff seeks only to recover a debt or liquidated demand in money payable by the defendant arising on a written contract or on an enactment or on a guarantee."

Key Points

• Order XXXVII of the CPC (Code of Civil Procedure, 1908) specifically relates to the summary procedure applicable to certain categories of suits. This Order is intended to expedite the disposal of these suits, provided they meet certain criteria.
• The suits covered under Order XXXVII are those pertaining to:
  • Bills of exchange, hundies, and promissory notes.
  • The recovery of a debt or liquidated demand in money arising out of a written contract, an enactment, or a guarantee.
• The purpose of this Order is to streamline the legal process in cases where the dispute typically involves clear debts or specific financial claims that can be objectively determined, reducing the time and complexity involved in litigation.
• This Order does not apply to suits for recovery of receivables by an assignee of a receivable (as stated in option 2), nor does it have any specific requirement regarding the payment of double court fees (as stated in option 3), and it is not related to suits for compensation for defamation (as stated in option 4).

Additional Information

• Summary Procedure: This is a legal procedure used in cases where the issues are straightforward and can be settled quickly, without the need for a prolonged trial process. It is particularly useful in clear-cut cases of debt recovery.
• Scope and Limitations: While Order XXXVII simplifies the procedure for the aforementioned types of suits, it is not applicable to all civil suits. Its applicability is limited to specific types of cases to ensure that justice is both swift and fair for straightforward financial disputes.

Important PointsUnderstanding the scope of Order XXXVII is crucial, as it highlights the legal system's effort to expedite certain types of suits, reducing the burden on the courts and the parties involved in clear-cut financial disputes.

In summary, Order XXXVII of the CPC is applicable to suits involving bills of exchange, hundies, promissory notes, and the recovery of debts or liquidated demands arising from written contracts, enactments, or guarantees. This provision underscores the legal system's approach to efficiently handling specific types of financial disputes.

The correct option is Option 3.

Key Points

• In the Code of Civil Procedure of 1908, the provision dealing with attachment before judgment is primarily covered under Order 38.
• Order 38 specifically deals with the provision for the arrest and attachment before judgment.
• Under Order 38, Rule 5 of the Code of Civil Procedure, the court may in certain circumstances order the attachment of the property of the defendant before the judgment is pronounced.
• This is done to secure the presence of sufficient assets that can be used to satisfy the decree in case it is passed in favour of the plaintiff.

Additional Information

• Order XXXVIII, Rule 1: Where the defendant may be called upon to furnish security for appearance.
• Order XXXVIII, Rule 3: Procedure for the appearance of defendant.
• Order XXXVIII, Rule 5: Where the defendant may be called upon to furnish security for production of property.

The correct answer is Order 38 Rule 05

Key Points

• Order 38 Rule 5 of the Civil Procedure Code, 1908 provides for “Attachment Before Judgment.”
• It empowers the court to attach the defendant’s property if it believes the defendant may:
  • Dispose of the property, or
  • Remove it from the jurisdiction of the court,
  • to defeat the decree that may be passed against him.
  • The court may direct the defendant to furnish security or show cause why attachment should not be made.

Additional Information

• Order 26 Rule 04 – Deals with commissions to examine witnesses, not attachment.
• Order 39 Rule 02 – Pertains to injunctions, not attachment.
• Order 40 Rule 01 – Relates to appointment of a receiver, not attachment before judgment.

The correct answer is Order 38 Rules 5–13

Key Points

• Attachment before judgment is a preventive remedy under the Civil Procedure Code (CPC), 1908.
• It is governed by Order 38 Rules 5 to 13, which allows the court to attach the property of the defendant before judgment to prevent frustration of the decree.
• This provision is used when the court is satisfied that the defendant is trying to remove or dispose of property to defeat the execution of a potential decree.
• The court can order conditional attachment and require the defendant to furnish security to avoid such attachment.
• The procedure ensures that plaintiffs are not left without remedy due to fraudulent actions by the defendant.

Additional Information

• Option 1. Order 39 Rule 1, 2 – Incorrect: This relates to temporary injunctions, not attachment before judgment.
• Option 2. Order 40 Rule 1 – Incorrect: This deals with the appointment of a receiver, not attachment.
• Option 3. Section 96 – Incorrect: This provides for a first appeal, not preventive remedies like attachment

The correct option is Option 3.

Key Points

• In the Code of Civil Procedure of 1908, the provision dealing with attachment before judgment is primarily covered under Order 38.
• Order 38 specifically deals with the provision for the arrest and attachment before judgment.
• Under Order 38, Rule 5 of the Code of Civil Procedure, the court may in certain circumstances order the attachment of the property of the defendant before the judgment is pronounced.
• This is done to secure the presence of sufficient assets that can be used to satisfy the decree in case it is passed in favour of the plaintiff.

Additional Information

• Order XXXVIII, Rule 1: Where the defendant may be called upon to furnish security for appearance.
• Order XXXVIII, Rule 3: Procedure for the appearance of defendant.
• Order XXXVIII, Rule 5: Where the defendant may be called upon to furnish security for production of property.

The correct option is Option 3.

Key Points

• In the Code of Civil Procedure of 1908, the provision dealing with attachment before judgment is primarily covered under Order 38.
• Order 38 specifically deals with the provision for the arrest and attachment before judgment.
• Under Order 38, Rule 5 of the Code of Civil Procedure, the court may in certain circumstances order the attachment of the property of the defendant before the judgment is pronounced.
• This is done to secure the presence of sufficient assets that can be used to satisfy the decree in case it is passed in favour of the plaintiff.

Additional Information

• Order XXXVIII, Rule 1: Where the defendant may be called upon to furnish security for appearance.
• Order XXXVIII, Rule 3: Procedure for the appearance of defendant.
• Order XXXVIII, Rule 5: Where the defendant may be called upon to furnish security for production of property.

The correct answer is option 1: "Upon bills of exchange, hundies and promissory notes and suits in which the plaintiff seeks only to recover a debt or liquidated demand in money payable by the defendant arising on a written contract or on an enactment or on a guarantee."

Key Points

• Order XXXVII of the CPC (Code of Civil Procedure, 1908) specifically relates to the summary procedure applicable to certain categories of suits. This Order is intended to expedite the disposal of these suits, provided they meet certain criteria.
• The suits covered under Order XXXVII are those pertaining to:
  • Bills of exchange, hundies, and promissory notes.
  • The recovery of a debt or liquidated demand in money arising out of a written contract, an enactment, or a guarantee.
• The purpose of this Order is to streamline the legal process in cases where the dispute typically involves clear debts or specific financial claims that can be objectively determined, reducing the time and complexity involved in litigation.
• This Order does not apply to suits for recovery of receivables by an assignee of a receivable (as stated in option 2), nor does it have any specific requirement regarding the payment of double court fees (as stated in option 3), and it is not related to suits for compensation for defamation (as stated in option 4).

Additional Information

• Summary Procedure: This is a legal procedure used in cases where the issues are straightforward and can be settled quickly, without the need for a prolonged trial process. It is particularly useful in clear-cut cases of debt recovery.
• Scope and Limitations: While Order XXXVII simplifies the procedure for the aforementioned types of suits, it is not applicable to all civil suits. Its applicability is limited to specific types of cases to ensure that justice is both swift and fair for straightforward financial disputes.

Important PointsUnderstanding the scope of Order XXXVII is crucial, as it highlights the legal system's effort to expedite certain types of suits, reducing the burden on the courts and the parties involved in clear-cut financial disputes.

In summary, Order XXXVII of the CPC is applicable to suits involving bills of exchange, hundies, promissory notes, and the recovery of debts or liquidated demands arising from written contracts, enactments, or guarantees. This provision underscores the legal system's approach to efficiently handling specific types of financial disputes.