Order 36 MCQ Quiz - Objective Question with Answer for Order 36 - Download Free PDF

The correct answer is option 3.Key Points

• Order 36 rule 1 of Civil procedure Code1908 deals with power to state case for Court’s opinion.
• (1) Parties claiming to be interested in the decision of any question of fact or law may enter into an agreement in writing stating such question in the form of a case for the opinion of the Court, and providing that, upon the finding of the Court with respect to such question,
  • (a) a sum of money fixed by the parties or to be determined by the Court shall be paid by one of the parties to the other of them; or
  • (b) some property, movable or immovable, specified in the agreement, shall be delivered by one of the parties to the other of them; or
  • (c) one or more of the parties shall do, or refrain from doing, some other particular act specified in the agreement.
• (2) Every case stated under this rule shall be divided into consecutively numbered paragraphs, and shall concisely state such facts and specify such documents as may be necessary to enable the Court to decide the question raised thereby.

The correct answer is Option 2. 

Key Points In case of Gaya Prasad v. Nathu Singh and Others, AIIHC, 2019, held that: 

• In the matter of plea of adverse possession, mutually inconsistent or mutually destructive pleas must not be taken.
• Whenever the plea of adverse possession is raised, it pre-supposes that owner is sometime else and the person taking the plea of adverse possession is not the actual owner but has perfected his title by prescription since the real owner failed to initiate any proceeding for restoring the possession within the prescribed period under the statute. 
• The pleas on title and adverse possession are mutually inconsistent and the latter does not begin to operate until the former is renounced. 

The correct answer is option 3.Key Points

• Order 36 rule 1 of Civil procedure Code1908 deals with power to state case for Court’s opinion.
• (1) Parties claiming to be interested in the decision of any question of fact or law may enter into an agreement in writing stating such question in the form of a case for the opinion of the Court, and providing that, upon the finding of the Court with respect to such question,
  • (a) a sum of money fixed by the parties or to be determined by the Court shall be paid by one of the parties to the other of them; or
  • (b) some property, movable or immovable, specified in the agreement, shall be delivered by one of the parties to the other of them; or
  • (c) one or more of the parties shall do, or refrain from doing, some other particular act specified in the agreement.
• (2) Every case stated under this rule shall be divided into consecutively numbered paragraphs, and shall concisely state such facts and specify such documents as may be necessary to enable the Court to decide the question raised thereby.

The correct answer is Option 2. 

Key Points In case of Gaya Prasad v. Nathu Singh and Others, AIIHC, 2019, held that: 

• In the matter of plea of adverse possession, mutually inconsistent or mutually destructive pleas must not be taken.
• Whenever the plea of adverse possession is raised, it pre-supposes that owner is sometime else and the person taking the plea of adverse possession is not the actual owner but has perfected his title by prescription since the real owner failed to initiate any proceeding for restoring the possession within the prescribed period under the statute. 
• The pleas on title and adverse possession are mutually inconsistent and the latter does not begin to operate until the former is renounced.