Order 34 MCQ Quiz - Objective Question with Answer for Order 34 - Download Free PDF
Last updated on Mar 27, 2025
Latest Order 34 MCQ Objective Questions
Order 34 Question 1:
Under _________ redemption of mortgage can be sought by any one of the legal representatives after death of mortgagor.
Answer (Detailed Solution Below)
Order 34 Question 1 Detailed Solution
The correct answer is Option 1.
Key Points Suits Relating to Mortgages (Order 34)
Order 34 lays down rules governing suits relating to mortgages of immovable property, viz., sale, foreclosure and redemption of mortgaged property and to enforce charges. It may be noted that there are two parties to a mortgage transaction: mortgagor or mortgagee. The mortgagor has a right to redeem his property from the mortgage encumbrance while the mortgagee has the right to sell the property and the right to foreclose by depriving the mortgagor of his right of redemption.
- Rule 1 of Order 34 enacts that all person having an interest either in the mortgage security or in the right of redemption shall be joined as parties to any such suit relating to mortgage. However, a puisne mortgagee may sue for sale, e.t.c. without making the prior mortgagee a party to the suit.
Additional Information
- Order 33 Rule 1 CPC: Suits may be instituted by indigent person.
- Order 32 Rule 1 CPC: Minor to sue by next friend.
- Order 31 Rule 1 CPC: Representation of beneficiaries in suits concerning property vested in trustees, etc.
- Order 35 Rule 1 CPC: Plaint in interpleader-suit.
Order 34 Question 2:
Where a mortgagee obtains a decree for payment of a money in satisfaction of claim arising under the mortgage
Answer (Detailed Solution Below)
Order 34 Question 2 Detailed Solution
The correct answer is he is entitled to bring the mortgage property to sale under Order 34 Rule 14 CPC.
Key Points
- Order XXXIV of the Code of Civil Procedure provides for the Suits relating to mortgages of immovable property.
- Rule 14 - Suit for sale necessary for bringing mortgaged property to sale:
- Where a mortgage has obtained a decree for the payment of money in satisfaction of a claim arising under the mortgage.
- He shall not be entitled to bring the mortgaged property to sale otherwise than by instituting a suit for sale in enforcement of the mortgage.
- He may institute such suit notwithstanding anything contained in Order II, rule 2.
- Nothing in sub-rule (1) shall apply to any territories to which the Transfer of Property Act, 1882 (4 of 1882), has not been extended.
- Where a mortgage has obtained a decree for the payment of money in satisfaction of a claim arising under the mortgage.
Order 34 Question 3:
Mark the incorrect statement–
Answer (Detailed Solution Below)
Order 34 Question 3 Detailed Solution
Explanation: Order XIV rule 3 tells what things court will consider while framing the issue. The court may frame the issues from all or any of the following materials: —
(a) allegations made on oath by the parties, or by any persons present on their behalf, or made by the pleaders of such parties;
(b) allegations made in the pleadings or in answers to interrogatories delivered in the suit;
(c) the contents of documents produced by either party.
Top Order 34 MCQ Objective Questions
Under _________ redemption of mortgage can be sought by any one of the legal representatives after death of mortgagor.
Answer (Detailed Solution Below)
Order 34 Question 4 Detailed Solution
Download Solution PDFThe correct answer is Option 1.
Key Points Suits Relating to Mortgages (Order 34)
Order 34 lays down rules governing suits relating to mortgages of immovable property, viz., sale, foreclosure and redemption of mortgaged property and to enforce charges. It may be noted that there are two parties to a mortgage transaction: mortgagor or mortgagee. The mortgagor has a right to redeem his property from the mortgage encumbrance while the mortgagee has the right to sell the property and the right to foreclose by depriving the mortgagor of his right of redemption.
- Rule 1 of Order 34 enacts that all person having an interest either in the mortgage security or in the right of redemption shall be joined as parties to any such suit relating to mortgage. However, a puisne mortgagee may sue for sale, e.t.c. without making the prior mortgagee a party to the suit.
Additional Information
- Order 33 Rule 1 CPC: Suits may be instituted by indigent person.
- Order 32 Rule 1 CPC: Minor to sue by next friend.
- Order 31 Rule 1 CPC: Representation of beneficiaries in suits concerning property vested in trustees, etc.
- Order 35 Rule 1 CPC: Plaint in interpleader-suit.
Where a mortgagee obtains a decree for payment of a money in satisfaction of claim arising under the mortgage
Answer (Detailed Solution Below)
Order 34 Question 5 Detailed Solution
Download Solution PDFThe correct answer is he is entitled to bring the mortgage property to sale under Order 34 Rule 14 CPC.
Key Points
- Order XXXIV of the Code of Civil Procedure provides for the Suits relating to mortgages of immovable property.
- Rule 14 - Suit for sale necessary for bringing mortgaged property to sale:
- Where a mortgage has obtained a decree for the payment of money in satisfaction of a claim arising under the mortgage.
- He shall not be entitled to bring the mortgaged property to sale otherwise than by instituting a suit for sale in enforcement of the mortgage.
- He may institute such suit notwithstanding anything contained in Order II, rule 2.
- Nothing in sub-rule (1) shall apply to any territories to which the Transfer of Property Act, 1882 (4 of 1882), has not been extended.
- Where a mortgage has obtained a decree for the payment of money in satisfaction of a claim arising under the mortgage.
Order 34 Question 6:
Mark the incorrect statement–
Answer (Detailed Solution Below)
Order 34 Question 6 Detailed Solution
Explanation: Order XIV rule 3 tells what things court will consider while framing the issue. The court may frame the issues from all or any of the following materials: —
(a) allegations made on oath by the parties, or by any persons present on their behalf, or made by the pleaders of such parties;
(b) allegations made in the pleadings or in answers to interrogatories delivered in the suit;
(c) the contents of documents produced by either party.
Order 34 Question 7:
Under _________ redemption of mortgage can be sought by any one of the legal representatives after death of mortgagor.
Answer (Detailed Solution Below)
Order 34 Question 7 Detailed Solution
The correct answer is Option 1.
Key Points Suits Relating to Mortgages (Order 34)
Order 34 lays down rules governing suits relating to mortgages of immovable property, viz., sale, foreclosure and redemption of mortgaged property and to enforce charges. It may be noted that there are two parties to a mortgage transaction: mortgagor or mortgagee. The mortgagor has a right to redeem his property from the mortgage encumbrance while the mortgagee has the right to sell the property and the right to foreclose by depriving the mortgagor of his right of redemption.
- Rule 1 of Order 34 enacts that all person having an interest either in the mortgage security or in the right of redemption shall be joined as parties to any such suit relating to mortgage. However, a puisne mortgagee may sue for sale, e.t.c. without making the prior mortgagee a party to the suit.
Additional Information
- Order 33 Rule 1 CPC: Suits may be instituted by indigent person.
- Order 32 Rule 1 CPC: Minor to sue by next friend.
- Order 31 Rule 1 CPC: Representation of beneficiaries in suits concerning property vested in trustees, etc.
- Order 35 Rule 1 CPC: Plaint in interpleader-suit.
Order 34 Question 8:
Where a mortgagee obtains a decree for payment of a money in satisfaction of claim arising under the mortgage
Answer (Detailed Solution Below)
Order 34 Question 8 Detailed Solution
The correct answer is he is entitled to bring the mortgage property to sale under Order 34 Rule 14 CPC.
Key Points
- Order XXXIV of the Code of Civil Procedure provides for the Suits relating to mortgages of immovable property.
- Rule 14 - Suit for sale necessary for bringing mortgaged property to sale:
- Where a mortgage has obtained a decree for the payment of money in satisfaction of a claim arising under the mortgage.
- He shall not be entitled to bring the mortgaged property to sale otherwise than by instituting a suit for sale in enforcement of the mortgage.
- He may institute such suit notwithstanding anything contained in Order II, rule 2.
- Nothing in sub-rule (1) shall apply to any territories to which the Transfer of Property Act, 1882 (4 of 1882), has not been extended.
- Where a mortgage has obtained a decree for the payment of money in satisfaction of a claim arising under the mortgage.