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Provincial Small Cause Courts Act MCQs Paper-3
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1. The procedure prescribed by the Code of Civil Procedure shall apply in Courts of Small Causes:
a. Absolutely without exception
b. Only in criminal matters
c. Save in so far as otherwise provided by the Code or by this Act
d. Only when directed by the High Court
2. The procedure of the Code of Civil Procedure applies to:
a. Only suits
b. Only appeals
c. Suits cognizable by the Court and proceedings arising out of such suits
d. Criminal proceedings
3. According to the proviso to Section 17(1), an applicant seeking to set aside an ex parte decree must:
a. File an affidavit only
b. Deposit the decretal amount or provide security
c. Obtain permission from High Court
d. Pay court fees only
4. The deposit required under the proviso to Section 17(1) relates to the amount due:
a. Under the decree or judgment
b. Under criminal liability
c. Under revenue law
d. Under contract law
5. Instead of depositing the decretal amount, the applicant may:
a. File a revision
b. Give security for performance of the decree or compliance with judgment
c. Appeal to High Court
d. Seek stay from District Court
6. The security for performance of the decree under Section 17(1) must be:
a. Approved by the State Government
b. Directed by the Court on a previous application
c. Approved by the District Court
d. Approved by the High Court
7. The proviso under Section 17(1) applies when a person applies for:
a. Execution of decree
b. Transfer of suit
c. Setting aside an ex parte decree or review of judgment
d. Filing a fresh suit
8. According to Section 17(2), if a person becomes liable as a surety under the proviso, the security may be realized as provided under:
a. Section 144 CPC
b. Section 145 CPC
c. Section 151 CPC
d. Section 96 CPC
9. The provision for realization of security referred to in Section 17(2) is contained in:
a. Section 145 of the Code of Civil Procedure, 1908
b. Section 146 of the Code of Civil Procedure, 1908
c. Section 147 of the Code of Civil Procedure, 1908
d. Section 148 of the Code of Civil Procedure, 1908
10. Section 17 applies to proceedings:
a. Only after decree
b. Only before decree
c. Arising out of suits cognizable by the Court of Small Causes
d. Only criminal proceedings
11. Which of the following statements is correct regarding Section 17?
a. CPC does not apply to Small Cause Courts
b. CPC applies absolutely without any exception
c. CPC procedure applies subject to provisions of the Code and this Act
d. Only High Court rules apply
12. Which of the following is NOT required when applying to set aside an ex parte decree under Section 17?
a. Deposit decretal amount
b. Provide security if permitted
c. Previous application for security direction
d. Obtain approval from the State Government
13. Section 18 of the Provincial Small Cause Courts Act, 1887 deals with:
a. Jurisdiction of Courts of Small Causes
b. Trial of suits by Registrar
c. Appeals from Small Cause Courts
d. Establishment of Courts
14. Under Section 18(1), suits cognizable by the Registrar are those referred to in:
a. Section 10
b. Section 11
c. Section 12(3) and 12(4)
d. Section 15
15. Suits cognizable by the Registrar under Section 18 shall be tried by:
a. District Judge
b. Registrar
c. High Court
d. State Government
16. Decrees passed in suits tried by the Registrar shall be executed by:
a. District Court
b. Judge of the Court only
c. Registrar
d. High Court
17. The Registrar shall try suits and execute decrees:
a. With limited procedural powers
b. In the same manner as the Judge might do
c. Only under supervision of the High Court
d. Only after approval of the State Government
18. Section 18(1) provides that the Registrar shall execute decrees:
a. In a different manner than the Judge
b. Only partially like the Judge
c. In like manner in all respects as the Judge
d. Only after review by the Judge
19. Under Section 18(2), the authority empowered to transfer a suit from the Registrar’s file is:
a. High Court
b. District Court
c. Judge of the Court
d. State Government
20. The Judge may transfer a suit pending before the Registrar:
a. Only to the District Court
b. To his own file
c. To the file of the Additional Judge
d. Either (b) or (c)
21. Transfer of suits from the Registrar’s file under Section 18(2) may be made when:
a. Ordered by the High Court
b. Ordered by the State Government
c. Directed by the Judge
d. Directed by the Registrar
22. Which of the following proceedings may be transferred by the Judge from the Registrar’s file?
a. Only suits
b. Only appeals
c. Suits or other proceedings
d. Only execution proceedings
23. Transfer to the file of an Additional Judge under Section 18 is possible when:
a. The High Court directs
b. The Additional Judge has been appointed
c. The Registrar permits
d. The State Government orders
24. Which statement correctly reflects Section 18?
a. Registrar cannot pass decrees
b. Registrar can try suits and execute decrees like a Judge
c. Only High Court may transfer suits from Registrar
d. Registrar has no authority in Small Cause Courts
25. Section 19 of the Provincial Small Cause Courts Act, 1887 deals with:
a. Trial of suits by Registrar
b. Admission, return and rejection of plaints by Registrar
c. Appeals from Small Cause Courts
d. Execution of decrees
26. Under Section 19(1), the Registrar may admit, return or reject a plaint when:
a. The Judge is present
b. The Judge is absent and no Additional Judge is appointed or present
c. The High Court directs
d. The State Government orders
27. The Registrar may admit a plaint only when:
a. The High Court authorizes him
b. The Judge is absent and the Additional Judge is not appointed or is also absent
c. The District Court directs
d. The plaintiff requests it
28. The Registrar may return or reject a plaint for:
a. Any reason approved by the High Court
b. Any reason for which the Judge might return or reject it
c. Only procedural defects
d. Only jurisdictional defects
29. The power of the Registrar under Section 19(1) is exercised when:
a. The Judge and Additional Judge are present
b. The Judge is absent but Additional Judge is present
c. Both the Judge and Additional Judge are absent
d. The State Government directs
30. Under Section 19(2), the Judge may act regarding a plaint admitted, returned or rejected by the Registrar:
a. Only on the direction of the High Court
b. Only on the application of the Registrar
c. Either on his own motion or on application of a party
d. Only after approval of the District Court
31. The Judge may return or reject a plaint which has been:
a. Filed by the plaintiff
b. Admitted by the Registrar
c. Approved by the High Court
d. Registered by the District Court
32. The Judge may admit a plaint which has been:
a. Dismissed by the High Court
b. Returned or rejected by the Registrar
c. Withdrawn by the plaintiff
d. Stayed by the District Court
33. According to the proviso to Section 19(2), an application by a party must be made:
a. Within seven days
b. At the first sitting of the Judge after the Registrar's action
c. Within one month
d. At any time before decree
34. If the party fails to apply at the first sitting of the Judge after the Registrar's action, the Judge shall:
a. Automatically allow the application
b. Transfer the case
c. Dismiss the application unless sufficient cause is shown
d. Refer the matter to High Court
35. The application under Section 19(2) relates to:
a. Transfer of suit
b. Admission, return or rejection of plaint
c. Appeal against decree
d. Execution of decree
36. Which of the following statements is correct regarding Section 19?
a. Registrar has absolute authority to decide suits
b. Registrar may admit, return or reject plaint only when Judge and Additional Judge are absent
c. Judge cannot review Registrar's action
d. Registrar can only admit plaints
37. The Judge’s power under Section 19(2) over the Registrar’s decision is:
a. Appellate power
b. Supervisory power to admit, return or reject plaint
c. Criminal jurisdiction
d. Administrative power only
38. Which condition must be satisfied if the party files an application after the first sitting of the Judge?
a. Approval of High Court
b. Permission of Registrar
c. Sufficient cause for delay
d. Consent of opposite party
39. Section 20 of the Provincial Small Cause Courts Act, 1887 deals with:
a. Admission of plaints by Registrar
b. Passing of decrees by Registrar on confession
c. Appeals from Small Cause Courts
d. Execution of decrees
40. Under Section 20(1), a decree may be passed by the Registrar when:
a. The plaintiff confesses the claim
b. The defendant admits the plaintiff’s claim
c. The Judge directs him
d. The High Court orders
41. The admission of the plaintiff’s claim must be made by:
a. The defendant or his duly authorised agent
b. Only the defendant personally
c. The plaintiff’s advocate
d. The Registrar
42. The defendant’s admission must occur:
a. After the final judgment
b. Before the date appointed for hearing of the suit
c. During execution proceedings
d. After decree
43. The Registrar may pass a decree on admission only when:
a. The Judge is present
b. The Judge is absent and Additional Judge is absent or not appointed
c. The District Court permits
d. The High Court directs
44. The decree passed by the Registrar on confession shall have:
a. Lesser effect than the Judge’s decree
b. The same effect as a decree passed by the Judge
c. Temporary effect
d. Only administrative effect
45. Under Section 20(1), the Registrar passes the decree:
a. After recording full evidence
b. Upon the admission of the defendant
c. After approval of the High Court
d. After consulting the District Judge
46. Section 20(2) provides that the Judge may grant:
a. Appeal against the decree
b. Review of judgment
c. Revision of decree
d. Transfer of suit
47. The Judge may re-hear the suit where a decree has been passed by the Registrar:
a. Only after High Court permission
b. On an application for review of judgment
c. Only after appeal
d. Only if the plaintiff agrees
48. The review and rehearing under Section 20(2) shall be granted:
a. On special directions of the State Government
b. On the same conditions and grounds as if the Judge had passed the decree
c. Only after revision
d. Only after appeal is dismissed
49. The manner in which the Judge may re-hear the suit under Section 20(2) shall be:
a. Different from normal procedure
b. As prescribed by the High Court
c. The same as if the decree had been passed by the Judge himself
d. As directed by the Registrar
50. Which of the following conditions must exist before the Registrar can pass a decree on confession?
a. Judge present in court
b. Defendant denies the claim
c. Defendant admits the claim before hearing date and Judge and Additional Judge are absent
d. Plaintiff files review
51. The decree passed by the Registrar under Section 20 is based on:
a. Evidence
b. Confession or admission by the defendant
c. Order of the State Government
d. Direction of High Court
52. Which statement correctly reflects Section 20?
a. Registrar can pass decrees only after trial
b. Registrar may pass decree upon admission by defendant when Judge and Additional Judge are absent
c. Registrar cannot pass decrees
d. Registrar must refer the matter to the High Court
53. Section 21 of the Provincial Small Cause Courts Act, 1887 deals with:
a. Trial of suits by Registrar
b. Execution of decrees by Registrar
c. Admission of plaints
d. Appeals
54. Under Section 21(1), the Registrar may make orders regarding execution when:
a. The Judge is present
b. The Judge and Additional Judge are absent
c. The High Court directs
d. The State Government orders
55. The Registrar may pass orders in respect of applications for execution of:
a. Only decrees
b. Only orders
c. Decrees and orders
d. Only judgments
56. The decrees or orders whose execution may be dealt with by the Registrar are those:
a. Made by the Court of which he is Registrar
b. Sent to that Court for execution
c. Either (a) or (b)
d. Only passed by the High Court
57. The Registrar exercises execution powers under Section 21:
a. Absolutely and independently
b. Subject to instructions of the Judge or Additional Judge
c. Only after approval of High Court
d. Only when directed by the State Government
58. The instructions guiding the Registrar’s execution powers may be given by:
a. High Court
b. District Court
c. Judge or Additional Judge concerned
d. Registrar himself
59. Under Section 21(2), the authority who may reverse or modify the Registrar’s order is:
a. High Court
b. District Court
c. Judge or Additional Judge
d. State Government
60. The Judge or Additional Judge may reverse or modify the Registrar’s order:
a. Only on appeal
b. On their own motion or on application of a party
c. Only after High Court direction
d. Only after revision
61. The application by a party to reverse or modify the Registrar’s order must be made within:
a. 7 days
b. 10 days
c. 15 days
d. 30 days
62. The fifteen-day period for application is counted from:
a. Date of filing suit
b. Date of decree
c. Date of Registrar’s order or execution of process issued under that order
d. Date of admission of plaint
63. Under Section 21(3), computation of the fifteen-day limitation period is governed by:
a. Code of Civil Procedure, 1908
b. Indian Limitation Act, 1877
c. Limitation Act, 1963
d. Evidence Act, 1872
64. The Indian Limitation Act referred to in Section 21(3) is:
a. Act 14 of 1877
b. Act 15 of 1877
c. Act 16 of 1877
d. Act 17 of 1877
65. For the purpose of limitation under Section 21(3), the party’s application is treated as:
a. Appeal
b. Revision
c. Application for review of judgment
d. Execution petition
66. Which of the following is correct regarding Section 21?
a. Registrar cannot deal with execution matters
b. Registrar may deal with execution when Judge and Additional Judge are absent
c. Only High Court may execute decrees
d. Registrar may execute only High Court decrees
67. Which statement correctly reflects Section 21?
a. Registrar’s execution orders are final and cannot be modified
b. Judge or Additional Judge may reverse or modify the Registrar’s execution order within fifteen days
c. Registrar must seek High Court permission before execution
d. Registrar can execute only criminal orders
68. Section 22 of the Provincial Small Cause Courts Act, 1887 deals with:
a. Execution of decrees by Registrar
b. Adjournment of cases by chief ministerial officer
c. Admission of plaints
d. Appeals from Small Cause Courts
69. The power of adjournment under Section 22 may be exercised when:
a. The Judge is present
b. The Judge and Additional Judge are absent
c. The High Court directs
d. The State Government orders
70. Under Section 22, the officer empowered to adjourn cases is:
a. District Judge
b. Registrar or other chief ministerial officer
c. High Court Registrar
d. Government Pleader
71. The adjournment power exercised by the Registrar or chief ministerial officer is originally a power of:
a. State Government
b. High Court
c. The Court itself
d. District Magistrate
72. The adjournment power may be exercised in respect of:
a. Only suits
b. Only execution proceedings
c. Any suit or other proceeding
d. Only appeals
73. The adjournment of cases under Section 22 may be exercised:
a. Only once
b. Only twice
c. From time to time
d. Only when directed by High Court
74. After adjourning a case under Section 22, the Registrar or chief ministerial officer must:
a. Transfer the case to District Court
b. Fix a day for further hearing
c. Dismiss the suit
d. Refer the matter to High Court
75. The power to adjourn cases under Section 22 arises when:
a. Judge is absent and no Additional Judge exists or Additional Judge is absent
b. Judge is present but busy
c. High Court orders adjournment
d. Registrar chooses to adjourn
76. The chief ministerial officer referred to in Section 22 includes:
a. Registrar of the Court
b. District Magistrate
c. High Court Judge
d. State Government Officer
77. Which statement correctly reflects Section 22?
a. Only the Judge may adjourn cases
b. Registrar may adjourn cases only with High Court permission
c. Registrar or chief ministerial officer may adjourn cases when Judge and Additional Judge are absent
d. Adjournment power belongs only to the State Government
78. The adjournment under Section 22 relates to:
a. Criminal proceedings
b. Civil suits and other proceedings before the Court of Small Causes
c. Constitutional cases
d. Revenue matters
79. Which of the following is NOT required for exercising adjournment power under Section 22?
a. Absence of the Judge
b. Absence or non-appointment of Additional Judge
c. Permission of the High Court
d. Registrar or chief ministerial officer exercising the power
80. Section 23 of the Provincial Small Cause Courts Act, 1887 deals with:
a. Trial of suits by Registrar
b. Return of plaints in suits involving questions of title
c. Appeals from Small Cause Courts
d. Execution of decrees
81. Section 23 begins with the phrase:
a. Subject to the provisions of this Act
b. Notwithstanding anything in the foregoing portion of this Act
c. Provided that
d. Save as otherwise provided
82. A Court of Small Causes may return a plaint when the plaintiff's right depends upon proof or disproof of:
a. Criminal liability
b. Title to immovable property or other title
c. Contractual obligation only
d. Revenue rights
83. The Court of Small Causes may return the plaint when the title involved is one which the Court:
a. Can finally determine
b. Cannot finally determine
c. Has already determined
d. Is directed by the High Court to determine
84. Under Section 23(1), the Court may return the plaint:
a. Only before trial
b. Only after judgment
c. At any stage of the proceedings
d. Only during appeal
85. When the plaint is returned under Section 23, it must be presented to:
a. High Court
b. District Court
c. A Court having jurisdiction to determine the title
d. Revenue Court only
86. When returning a plaint under Section 23(2), the Court must comply with the provisions of:
a. Section 80 CPC
b. Section 57 (second paragraph) of the Code of Civil Procedure, 1882
c. Section 96 CPC
d. Section 151 CPC
87. The Code of Civil Procedure referred to in Section 23(2) is:
a. Code of Civil Procedure, 1908
b. Code of Civil Procedure, 1877
c. Code of Civil Procedure, 1882
d. Code of Civil Procedure, 1890
88. The Court returning the plaint may also make an order regarding:
a. Jurisdiction
b. Costs
c. Appeal
d. Execution
89. For purposes of limitation, the Court returning the plaint under Section 23 shall be deemed:
a. To have dismissed the suit
b. To have decided the title
c. To have been unable to entertain the suit due to defect of jurisdiction
d. To have transferred the suit
90. The limitation consequences under Section 23 are governed by:
a. Code of Civil Procedure, 1908
b. Indian Limitation Act, 1877
c. Limitation Act, 1963
d. Evidence Act, 1872
91. The Indian Limitation Act referred to in Section 23 is:
a. Act 14 of 1877
b. Act 15 of 1877
c. Act 16 of 1877
d. Act 17 of 1877
92. Which of the following statements correctly reflects Section 23?
a. Small Cause Courts can finally determine all questions of title
b. Small Cause Courts must decide title disputes
c. Small Cause Courts may return plaint where determination of title is required
d. Small Cause Courts must transfer suits to High Court
93. Which of the following conditions must exist for return of plaint under Section 23?
a. Suit involves criminal liability
b. Suit involves proof or disproof of title which the Court cannot finally determine
c. Suit involves revenue recovery
d. Suit involves constitutional law
94. Section 23 primarily safeguards which jurisdictional principle?
a. Appellate jurisdiction
b. Pecuniary jurisdiction
c. Limitation jurisdiction
d. Inability of Small Cause Courts to finally determine title disputes
95. Section 24 of the Provincial Small Cause Courts Act, 1887 deals with:
a. Appeals from decrees of Small Cause Courts
b. Appeal from certain orders of Courts of Small Causes
c. Execution of decrees
d. Return of plaints
96. Under Section 24, appeal is provided against certain:
a. Decrees
b. Orders
c. Judgments
d. Execution proceedings
97. The orders appealable under Section 24 are those specified in:
a. Section 96 CPC
b. Section 100 CPC
c. Section 104(1) CPC
d. Section 151 CPC
98. Section 24 specifically refers to which clauses of Section 104(1) CPC?
a. Clauses (a) and (b)
b. Clauses (ff) and (h)
c. Clauses (c) and (d)
d. Clauses (g) and (i)
99. The Code of Civil Procedure referred to in Section 24 is:
a. Code of Civil Procedure, 1882
b. Code of Civil Procedure, 1908
c. Code of Civil Procedure, 1976
d. Code of Civil Procedure, 1877
100. The Code of Civil Procedure mentioned in Section 24 is:
a. Act 4 of 1908
b. Act 5 of 1908
c. Act 6 of 1908
d. Act 7 of 1908
101. When an order mentioned in Section 104(1)(ff) or (h) CPC is passed by a Court of Small Causes, the appeal shall lie to:
a. High Court
b. Supreme Court
c. District Court
d. State Government
102. The appeal under Section 24 may be filed:
a. Only on questions of law
b. Only on questions of fact
c. On any ground on which an appeal from such order would lie under Section 104 CPC
d. Only with permission of the High Court
103. Section 24 provides an appeal against:
a. Every order of the Court of Small Causes
b. Only specified orders under Section 104 CPC
c. Only final decrees
d. Only interim orders
104. Which authority hears the appeal under Section 24?
a. High Court
b. Supreme Court
c. District Court
d. Civil Judge
105. Which of the following statements is correct regarding Section 24?
a. Appeals from all decrees lie to the District Court
b. Appeals from certain orders lie to the District Court
c. Appeals lie directly to the High Court
d. No appeal lies from orders of Small Cause Courts
106. Section 24 allows appeal only when the order passed by the Court of Small Causes falls under:
a. Section 96 CPC
b. Section 104 CPC
c. Section 115 CPC
d. Section 151 CPC
107. Section 25 of the Provincial Small Cause Courts Act, 1887 deals with:
a. Appeals from decrees
b. Revision of decrees and orders of Courts of Small Causes
c. Execution of decrees
d. Transfer of suits
108. Under Section 25, the authority empowered to exercise revisional jurisdiction is:
a. District Court
b. High Court
c. State Government
d. Civil Judge
109. The revisional power under Section 25 may be exercised in respect of:
a. Only decrees
b. Only orders
c. Decrees or orders
d. Only judgments
110. The decrees or orders subject to revision under Section 25 must be those made by:
a. District Court
b. High Court
c. Court of Small Causes
d. Revenue Court
111. The High Court may call for the case under Section 25 for the purpose of satisfying itself that the decree or order:
a. Was passed within limitation
b. Was according to law
c. Was approved by the District Court
d. Was executed properly
112. The revisional jurisdiction under Section 25 is exercised when:
a. A party files a civil suit
b. The High Court calls for the case record
c. The District Court transfers the case
d. The Registrar forwards the file
113. After calling for the case under Section 25, the High Court may:
a. Only affirm the decree
b. Only set aside the decree
c. Pass such order as it thinks fit
d. Transfer the suit to another court
114. The revisional power under Section 25 is intended to ensure that the decree or order:
a. Is based on evidence
b. Is according to law
c. Is approved by the State Government
d. Is reviewed by the District Court
115. Section 25 empowers the High Court to call for:
a. Only execution proceedings
b. The case decided by the Court of Small Causes
c. Only appeals
d. Only interlocutory applications
116. Which of the following statements correctly reflects Section 25?
a. District Court may revise decrees of Small Cause Courts
b. High Court may revise decrees or orders of Courts of Small Causes
c. Registrar may revise decrees
d. State Government may revise decrees
117. The revisional power of the High Court under Section 25 is exercised for ensuring:
a. Proper evidence appreciation
b. Correctness of law applied
c. Approval of the parties
d. Administrative compliance
118. Which of the following is NOT correct regarding Section 25?
a. High Court may call for the case
b. Revision lies against decrees or orders of Small Cause Courts
c. District Court exercises revisional jurisdiction under this section
d. High Court may pass such order as it thinks fit
119. The Uttar Pradesh amendment inserting a proviso to Section 25 of the Provincial Small Cause Courts Act, 1887 was made by:
a. U.P. Act 14 of 1970
b. U.P. Act 37 of 1972
c. U.P. Act 57 of 1976
d. U.P. Act 14 of 2015
120. The amendment to Section 25 of the Provincial Small Cause Courts Act, 1887 in Uttar Pradesh is contained in:
a. Section 2 of U.P. Act 37 of 1972
b. Section 3 of U.P. Act 37 of 1972
c. Section 4 of U.P. Act 37 of 1972
d. Section 5 of U.P. Act 37 of 1972
121. The Uttar Pradesh amendment to Section 25 inserted:
a. An explanation
b. A proviso
c. A new sub-section
d. A schedule
122. According to the Uttar Pradesh amendment, where a case is decided by a District Judge or Additional District Judge exercising jurisdiction of Judge of Small Causes, the revisional power shall vest in:
a. District Court
b. State Government
c. High Court
d. Civil Judge
123. The proviso inserted by the Uttar Pradesh amendment applies when the jurisdiction of Judge of Small Causes is exercised by:
a. Civil Judge
b. Magistrate
c. District Judge or Additional District Judge
d. Registrar