Order 26 MCQ Quiz - Objective Question with Answer for Order 26 - Download Free PDF

The correct option is: 2

Key Points

• Order XXVII Rule 5A of the Code of Civil Procedure, 1908 (CPC) deals with the provision that, when a suit is instituted against a public officer for damages or other relief in respect of any act alleged to have been done by him in his official capacity, the Government shall be joined as a party to the suit. This ensures that the government, as the employer of the public officer, is aware of the suit and can participate in the proceedings.

• Option 1) Order 1 Rule 10 (2) is incorrect. This provision relates to the joinder of parties and their addition to a suit, but it does not specifically address the joining of the Government in cases involving public officers.

• Option 3) Section 80 is incorrect. Section 80 of the CPC mandates that a notice be given to the government before filing a suit against it, but it does not specifically state the requirement to join the government as a party in a suit against a public officer.

• Option 4) No such provision is incorrect, as the correct provision is Order XXVII Rule 5A.

Additional Information

• Order XXVII Rule 5A was introduced to safeguard the interests of the Government in cases where public officers are being sued for acts done in their official capacity. This provision is essential in ensuring that the Government is aware of legal actions that could affect public administration.

The correct answer is 'Order 9 Rule 9 - Set aside the ex parte decree'

Key Points

• Order 9 Rule 9 - Set aside the ex parte decree:
  • Under the Code of Civil Procedure (CPC), 1908, Order 9 Rule 9 does not deal with setting aside an ex parte decree. Instead, it governs the restoration of a suit dismissed for non-appearance of the plaintiff.
  • The provision enables a plaintiff to apply for the restoration of their dismissed suit if they can provide sufficient reasons for their absence and meet the conditions prescribed under the rule.
  • In contrast, setting aside an ex parte decree is governed by Order 9 Rule 13 of the CPC, which provides a mechanism for a defendant to have an ex parte decree set aside under certain conditions, such as proving they were not duly served or were prevented from appearing due to sufficient cause.

Additional Information

• Order 26 Rule 9 - Commissions to make local investigations:
  • This provision empowers courts to issue commissions for conducting local investigations to clarify disputed facts or assist in the adjudication process.
  • These commissions are typically appointed to ascertain matters such as property boundaries, assessment of damages, or physical features, among others.
  • The rule is correctly matched and is widely used in cases requiring specialized expertise or on-site investigations.
• Order 1 Rule 10(2) - Adding or striking out parties:
  • Order 1 Rule 10(2) allows courts to add or strike out parties to a suit to ensure that all necessary parties are present for the proper adjudication of the matter.
  • This rule is utilized when it is determined that the presence or absence of a party affects the proceedings or the outcome of the case.
  • This provision is correctly matched and serves the purpose of procedural fairness and effective resolution of disputes.
• Order 7 Rule 11 - Rejection of plaint:
  • Order 7 Rule 11 deals with the rejection of a plaint on specific grounds, such as failure to disclose a cause of action, undervaluation of the relief claimed, or being barred by law.
  • This rule ensures frivolous or legally untenable cases are not entertained, saving judicial time and resources.
  • This provision is correctly matched and is a critical tool for maintaining the efficiency of the judicial system.

The correct answer is Option 2.

Key PointsOrder XXVI
Rule 10A . Commission for scientific investigation—
(1) Where any question arising in a suit involves any scientific investigation which cannot, in the opinion of the Court, be conveniently conducted before the Court, the Court may, if it thinks it necessary or expedient in the interests of justice so to do, issue a commission to such person as it thinks fit, directing him to inquire into such question and report thereon to the Court.
(2) The provisions of rule 10 of the Order shall, as far as may be, apply in relation to a Commissioner appointed under this rule as they apply in relation to a Commissioner appointed under rule 9.
Rule 10B . Commission for performance of a ministerial act—
(1) Where any question arising in a suit involves the performance of any ministerial act which cannot, in the opinion of the Court, be conveniently performed before the Court, the Court may, if, for reasons to be recorded, it is of opinion that it is necessary or expedient in the interests of justice so to do, issue a commission to such person as it thinks fit, directing him to perform that ministerial act and report thereon to the Court.
Rule 10C . Commission for the sale of movable property—
(1) Where in any suit, it becomes necessary to sell any movable property which is in the custody of the Court pending the determination of the suit and which cannot be conveniently preserved, the Court may, if, for reasons to be recorded, it is of opinion that it is necessary or expedient in the interests of justice so to do, issue a commission to such person as it thinks fit, directing him to conduct such sale and report thereon to the Court.
(2) The provisions of rule 10 of this Order shall apply in relation to a Commissioner appointed under this rule as they apply in relation to a Commissioner appointed under rule 9.
(3) Every such sale shall be held, as far as may be, in accordance with the procedure prescribed for the sale of movable property in execution of a decree.

The correct answer is Option 2.

Key Points

• Order 26 Rule 11 deals with the scenario where the Court may issue a commission to examine or adjust accounts as necessary.
• It says, in any suit in which an examination or adjustment of the accounts is necessary, the Court may issue a commission to such person as it thinks fit directing him to make such examination or adjustment.

The correct option is Option 3.

Key Points

• Powers of the Commissioner:-
  • Rule 16 of Order XXVI, any commissioner appointed under this Order may unless otherwise directed by the order of appointment, —
    • examine the parties themselves and any witness whom they or any of them may produce, and any other person whom the Commissioner thinks proper to call upon to give evidence in the matter referred to him.
    • call for and examine documents and other things relevant to the subject of inquiry.
    • at any reasonable time enter upon or into any land or building mentioned in the order.

Additional Information

• Expenses of Commissions to be Paid into Court:-
  • Rule 15 of Order XXVI states that before issuing any commission under this Order, the Court may order such sum (if any) as it thinks reasonable for the expenses of the commission to be, within a time to be fixed, paid into Court by the party at whose instance or for whose benefit the commission is issued.

The correct answer is Option 2.

Key Points

• Order 26 Rule 11 deals with the scenario where the Court may issue a commission to examine or adjust accounts as necessary.
• It says, in any suit in which an examination or adjustment of the accounts is necessary, the Court may issue a commission to such person as it thinks fit directing him to make such examination or adjustment.

The correct option is Option 2.

Key Points

• Order XXVI of Civil Procedure Code-
• The Court has the power to issue a commission to carry out the following functions.
• Commissions to Examine Witnesses:
  • ​Rule 1 to 8 of Order XXVI deals with the Examination of Witnesses.
  • The general rule of evidence is to bring the evidence before the Court and must be recorded in open Court.
  • But in extraordinary circumstances, the appearance of a witness is dispensed, and the witness is allowed to depose evidence without appearing in Court.
• The court may issue a commission for the examination of a witness in the following circumstances:
  • If a person is to be examined as a witness resides within the local limit of the court’s jurisdiction and, is exempted under the code from attending the court, or is from sickness or infirmity unable to attend the court.
  • If he resides beyond the local limits of the jurisdiction of the court.
  • If he is about to leave the jurisdiction of the court.
    • If he is a government servant and cannot, in the opinion of the court, attend without detriment to the public, or if he is residing out of India and the court is satisfied that his evidence is necessary.

The correct option is: 2

Key Points

• Order XXVII Rule 5A of the Code of Civil Procedure, 1908 (CPC) deals with the provision that, when a suit is instituted against a public officer for damages or other relief in respect of any act alleged to have been done by him in his official capacity, the Government shall be joined as a party to the suit. This ensures that the government, as the employer of the public officer, is aware of the suit and can participate in the proceedings.

• Option 1) Order 1 Rule 10 (2) is incorrect. This provision relates to the joinder of parties and their addition to a suit, but it does not specifically address the joining of the Government in cases involving public officers.

• Option 3) Section 80 is incorrect. Section 80 of the CPC mandates that a notice be given to the government before filing a suit against it, but it does not specifically state the requirement to join the government as a party in a suit against a public officer.

• Option 4) No such provision is incorrect, as the correct provision is Order XXVII Rule 5A.

Additional Information

• Order XXVII Rule 5A was introduced to safeguard the interests of the Government in cases where public officers are being sued for acts done in their official capacity. This provision is essential in ensuring that the Government is aware of legal actions that could affect public administration.

The correct answer is 'Order 9 Rule 9 - Set aside the ex parte decree'

Key Points

• Order 9 Rule 9 - Set aside the ex parte decree:
  • Under the Code of Civil Procedure (CPC), 1908, Order 9 Rule 9 does not deal with setting aside an ex parte decree. Instead, it governs the restoration of a suit dismissed for non-appearance of the plaintiff.
  • The provision enables a plaintiff to apply for the restoration of their dismissed suit if they can provide sufficient reasons for their absence and meet the conditions prescribed under the rule.
  • In contrast, setting aside an ex parte decree is governed by Order 9 Rule 13 of the CPC, which provides a mechanism for a defendant to have an ex parte decree set aside under certain conditions, such as proving they were not duly served or were prevented from appearing due to sufficient cause.

Additional Information

• Order 26 Rule 9 - Commissions to make local investigations:
  • This provision empowers courts to issue commissions for conducting local investigations to clarify disputed facts or assist in the adjudication process.
  • These commissions are typically appointed to ascertain matters such as property boundaries, assessment of damages, or physical features, among others.
  • The rule is correctly matched and is widely used in cases requiring specialized expertise or on-site investigations.
• Order 1 Rule 10(2) - Adding or striking out parties:
  • Order 1 Rule 10(2) allows courts to add or strike out parties to a suit to ensure that all necessary parties are present for the proper adjudication of the matter.
  • This rule is utilized when it is determined that the presence or absence of a party affects the proceedings or the outcome of the case.
  • This provision is correctly matched and serves the purpose of procedural fairness and effective resolution of disputes.
• Order 7 Rule 11 - Rejection of plaint:
  • Order 7 Rule 11 deals with the rejection of a plaint on specific grounds, such as failure to disclose a cause of action, undervaluation of the relief claimed, or being barred by law.
  • This rule ensures frivolous or legally untenable cases are not entertained, saving judicial time and resources.
  • This provision is correctly matched and is a critical tool for maintaining the efficiency of the judicial system.

The correct answer is Option 2.

Key PointsOrder XXVI
Rule 10A . Commission for scientific investigation—
(1) Where any question arising in a suit involves any scientific investigation which cannot, in the opinion of the Court, be conveniently conducted before the Court, the Court may, if it thinks it necessary or expedient in the interests of justice so to do, issue a commission to such person as it thinks fit, directing him to inquire into such question and report thereon to the Court.
(2) The provisions of rule 10 of the Order shall, as far as may be, apply in relation to a Commissioner appointed under this rule as they apply in relation to a Commissioner appointed under rule 9.
Rule 10B . Commission for performance of a ministerial act—
(1) Where any question arising in a suit involves the performance of any ministerial act which cannot, in the opinion of the Court, be conveniently performed before the Court, the Court may, if, for reasons to be recorded, it is of opinion that it is necessary or expedient in the interests of justice so to do, issue a commission to such person as it thinks fit, directing him to perform that ministerial act and report thereon to the Court.
Rule 10C . Commission for the sale of movable property—
(1) Where in any suit, it becomes necessary to sell any movable property which is in the custody of the Court pending the determination of the suit and which cannot be conveniently preserved, the Court may, if, for reasons to be recorded, it is of opinion that it is necessary or expedient in the interests of justice so to do, issue a commission to such person as it thinks fit, directing him to conduct such sale and report thereon to the Court.
(2) The provisions of rule 10 of this Order shall apply in relation to a Commissioner appointed under this rule as they apply in relation to a Commissioner appointed under rule 9.
(3) Every such sale shall be held, as far as may be, in accordance with the procedure prescribed for the sale of movable property in execution of a decree.

The correct option is Option 3.

Key Points

• Powers of the Commissioner:-
  • Rule 16 of Order XXVI, any commissioner appointed under this Order may unless otherwise directed by the order of appointment, —
    • examine the parties themselves and any witness whom they or any of them may produce, and any other person whom the Commissioner thinks proper to call upon to give evidence in the matter referred to him.
    • call for and examine documents and other things relevant to the subject of inquiry.
    • at any reasonable time enter upon or into any land or building mentioned in the order.

Additional Information

• Expenses of Commissions to be Paid into Court:-
  • Rule 15 of Order XXVI states that before issuing any commission under this Order, the Court may order such sum (if any) as it thinks reasonable for the expenses of the commission to be, within a time to be fixed, paid into Court by the party at whose instance or for whose benefit the commission is issued.

The correct answer is Option 4.

Key PointsCommission to Examine Witnesses.

• The Court has discretion to relax the rule of attendance of a witness in court under certain circumstances. 
• Order 26 Rule 1 lays down the Court may in any suit issue a commission for the examination on interrogatories or otherwise of any person resident within the local limits of its jurisdiction who is exempted under this Code from attending the Court or who is from sickness or infirmity unable to attend it:
  • Provided that a commission for examination on interrogatories shall not be issued unless the Court, for reasons to be recorded, thinks it necessary so to do. 

Additional InformationRule 4 provides that commission can also be issued for:

• Any person resident beyond the local limits of court's jurisdiction 
• A person about to leave the court's jurisdiction.
• A government servant, if the court is of the opinion that he cannot attend without detriment to the public service.