Top 50 CPC Part 3 Incidental Proceedings MCQs with Answers
| No. | Question | Options (A, B, C, D) | Correct Answer |
| 1 | Which section of the CPC deals with the power of the Court to issue commissions? | A) Section 74, B) Section 75, C) Section 79, D) Section 80 | B |
| 2 | A commission can be issued for which of the following purposes? | A) To examine any person, B) To make a local investigation, C) To examine accounts, D) All of the above | D |
| 3 | Under Section 75, a commission may be issued to: | A) Make a partition, B) Hold a scientific investigation, C) Conduct a sale of property, D) All of the above | D |
| 4 | A commission to examine any person can be issued if the person: | A) Resides within the court's jurisdiction, B) Is about to leave the jurisdiction, C) Is a government servant, D) Both A & B | D |
| 5 | Which order of the CPC contains detailed rules regarding Commissions? | A) Order 21, B) Order 26, C) Order 32, D) Order 39 | B |
| 6 | A commission for local investigation is usually issued to: | A) Collect evidence, B) Elucidate any matter in dispute, C) Arrest a person, D) Both A & B | B |
| 7 | Section 76 deals with commissions issued to: | A) Another Court, B) A Foreign Court, C) The Collector, D) The High Court | A |
| 8 | A commission issued by a Court in one state to a Court in another state is sent to: | A) The High Court, B) Any Court of that state, C) A Court having jurisdiction in the place, D) The District Judge | C |
| 9 | "Letter of Request" is used for the examination of witnesses residing: | A) In another district, B) In another state, C) Outside India, D) In a prison | C |
| 10 | Which section deals with "Letter of Request"? | A) Section 75, B) Section 76, C) Section 77, D) Section 78 | C |
| 11 | Commissions issued by Foreign Courts are dealt with under: | A) Section 77, B) Section 78, C) Section 79, D) Section 80 | B |
| 12 | The expenses of the commission are generally borne by: | A) The State, B) The Court, C) The party at whose instance it is issued, D) The Witness | C |
| 13 | The report of the Commissioner is considered: | A) Conclusive proof, B) Evidence in the suit, C) Hearsay, D) Irrelevant | B |
| 14 | Can a commission be issued to perform ministerial acts? | A) Yes, under Sec 75, B) No, never, C) Only by High Court, D) Only in criminal cases | A |
| 15 | Which authority can issue a commission to examine a witness who is exempted from attending court? | A) Civil Court, B) Police Officer, C) Advocate, D) None | A |
| 16 | Under Sec 75(e), a commission can be issued to hold a: | A) Criminal trial, B) Scientific investigation, C) Press conference, D) General meeting | B |
| 17 | A commission to make a partition is usually issued to: | A) A Lawyer, B) A Commissioner, C) A Police Officer, D) The Registrar | B |
| 18 | Section 78 allows the execution of commissions issued by: | A) Courts in India, B) Courts established by Central Govt outside India, C) Foreign Courts, D) Both B & C | D |
| 19 | When a person is to be examined on commission, they are: | A) Not required to take an oath, B) Examined on oath, C) Only asked for documents, D) Arrested | B |
| 20 | The power to issue a commission is: | A) Mandatory, B) Discretionary, C) Only for the Supreme Court, D) Prohibited | B |
| 21 | A commission for scientific investigation is issued when: | A) The question involves technical skill, B) A witness is sick, C) Property is to be sold, D) Partition is needed | A |
| 22 | Can a Commissioner be examined as a witness? | A) No, B) Yes, with the court's permission, C) Only by the defendant, D) Only by the plaintiff | B |
| 23 | The Commissioner has the power to: | A) Record evidence, B) Enter any land or building, C) Call for documents, D) All of the above | D |
| 24 | In case of a commission for accounts, the Commissioner: | A) Decides the case, B) Only prepares a report, C) Issues a decree, D) Arrests the accountant | B |
| 25 | A commission issued to a person residing in a different state is governed by: | A) Section 75, B) Section 76, C) Section 74, D) Section 70 | B |
| 26 | If a person refuses to appear before a Commissioner, the Commissioner: | A) Can jail the person, B) Can fine the person, C) Must report to the Court, D) Does nothing | C |
| 27 | Local investigation is covered under which rule of Order 26? | A) Rule 1, B) Rule 9, C) Rule 11, D) Rule 13 | B |
| 28 | Commission to examine accounts is covered under: | A) Section 75(c), B) Section 75(a), C) Section 76, D) Section 77 | A |
| 29 | Commission for partition is covered under: | A) Section 75(d), B) Section 78, C) Section 74, D) Section 79 | A |
| 30 | A "Letter of Request" is addressed to: | A) The witness directly, B) A Foreign Court, C) The President of India, D) The High Court Judge | B |
| 31 | Can a commission be issued for the sale of perishable property? | A) No, B) Yes, under Sec 75(f), C) Only by the Collector, D) Only in execution | B |
| 32 | Is a commission's report binding on the Judge? | A) Yes, B) No, the Judge can disagree, C) Only in partition suits, D) Only in accounts | B |
| 33 | The purpose of Section 75 is to: | A) Save the time of the Court, B) Obtain technical help, C) Assist in the administration of justice, D) All of the above | D |
| 34 | Which section allows the Central Govt to declare territories for Section 78? | A) Section 78, B) Section 77, C) Section 80, D) Section 82 | A |
| 35 | If a Commissioner is biased, the remedy is: | A) To appeal the report, B) To ask for a fresh commission, C) To dismiss the suit, D) To sue the Commissioner | B |
| 36 | Can a commission be issued to a person who is not an advocate? | A) No, B) Yes, if the Court deems fit, C) Only in partition cases, D) Only to doctors | B |
| 37 | For which act can a commission NOT be issued? | A) Examining accounts, B) Giving a final judgment, C) Local investigation, D) Partition | B |
| 38 | Section 75(g) refers to: | A) Ministerial acts, B) Scientific investigation, C) Arrest, D) Injunction | A |
| 39 | A witness who is in prison may be examined: | A) By bringing him to court, B) By issuing a commission, C) Only by writing, D) He cannot be examined | B |
| 40 | The power under Section 75 can be exercised: | A) By the Court suo motu, B) On application of any party, C) Both A & B, D) Only by Supreme Court | C |
| 41 | A commission to examine a witness is issued under: | A) Order 26 Rule 1, B) Order 21 Rule 1, C) Order 39 Rule 1, D) Order 5 Rule 1 | A |
| 42 | The Court can issue a commission for sale of property which is: | A) In custody of the court, B) Subject to speedy decay, C) Both A & B, D) None | C |
| 43 | The jurisdiction for Section 76 lies with: | A) The Court in another state, B) The Supreme Court, C) The High Court, D) The District Magistrate | A |
| 44 | Is Section 75 applicable to execution proceedings? | A) Yes, B) No, C) Only for arrest, D) Only for sale | A |
| 45 | A foreign commission received under Section 78 is executed as if: | A) It was issued by an Indian Court, B) It is a criminal warrant, C) It is a letter, D) None | A |
| 46 | Which of the following is an "Incidental Proceeding"? | A) Filing a plaint, B) Issuing a commission, C) Writing a judgment, D) Execution of decree | B |
| 47 | The Court's power to issue commission is restricted to: | A) The limits of its jurisdiction, B) Anywhere in India, C) Only within the city, D) Only to the High Court | B |
| 48 | The report of a commission for partition must be: | A) Oral, B) In writing and signed, C) A video recording, D) Published in newspapers | B |
| 49 | When a Letter of Request is issued, it is a: | A) Judicial Request, B) Police Request, C) Private Letter, D) Public Notice | A |
| 50 | The main object of a commission for accounts is to: | A) Find out the truth, B) Settle the amount due, C) Audit the company, D) Punish the fraud | B |
Comments 0