Pursuant to Order XVI, Rule 10 of the C.P.C., attached properties resulting from witness non-appearance may be released when_________________?
Show answer Hide answer
Answer: C. If he show sufficient good cause for his non appearance before court
Explanation
Properties attached due to a witness's non-appearance may be released if the witness shows sufficient good cause for absence. This equitable rule ensures that witnesses are not permanently penalized when legitimate emergencies prevent them from attending court. Judges review explanatory applications carefully before ordering the release of attached assets and properties. Civil courts possess coercive powers, including property attachment, to compel recalcitrant witnesses to attend trials. Order XVI of the C.P.C. governs the summoning and attendance of witnesses in civil proceedings. Procedural fairness allows individuals to present valid excuses, such as sudden illness, to lift attachment orders.
If he is beyond country is incorrect unless it amounts to a valid, unavoidable cause accepted by the judicial officer. If he denied to record evidence is wrong because refusing to testify justifies maintaining the attachment rather than releasing it. None of the these is incorrect since showing sufficient good cause is the exact statutory requirement for property release.
- Subject
- Law
- Category
- Judiciary and Law
- Topic
- —
- Difficulty
- medium
Related questions
Q1. When individuals summoned to give evidence cannot attend court due to personal illness, the circumstance constitutes ____________________?
Show answer Hide answer
Answer: A. Sound reason for the Court issuance of commission
Personal illness preventing a summoned witness from attending court provides a sound reason for the court to issue a commission. Procedural codes allow courts to appoint commissioners to record testimonies of witnesses u...
Q2. The appointment mechanisms, rights, authorities, duties, and liabilities of court-appointed receivers are governed by?
Show answer Hide answer
Answer: C. The Code of Civil Procedure
The Code of Civil Procedure comprehensively governs the appointment and duties of receivers. Civil courts rely on statutory receiver provisions to safeguard disputed property during litigation. The correct option correct...
Q3. When judicial decrees are awarded in favor of multiple co-claimants, execution petitions may be instituted by_____________________?
Show answer Hide answer
Answer: B. Any person from decree holders
When decrees favor multiple co-claimants, execution petitions may be instituted by any person among them. Procedural rules allow single decree holders to act on behalf of all joint beneficiaries. This prevents procedural...
Q4. Disputes regarding whether individuals qualify as legal representatives of deceased parties shall be resolved by__________________?
Show answer Hide answer
Answer: A. The Court as provided in O. XXII, R. 5, of C.P.C
Disputes regarding whether an individual qualifies as a legal representative of a deceased party are determined by the court under Order XXII, Rule 5 of the C.P.C. Procedural rules vest judges with the exclusive authorit...
Q5. Appellants seeking the restoration of an appeal dismissed pursuant to Order 11 or 17 of the C.P.C. must file an application under_______________?
Show answer Hide answer
Answer: B. Order XLI, R. 19, of C.P.C
Order XLI Rule 19 of the civil code governs applications to restore dismissed appeals. Appellants must follow specific procedural rules to revive cases dismissed for default. The correct option accurately cites Order XLI...
Q6. If preliminary hearings reveal that litigants share no disputes concerning questions of law or fact, courts may_________________?
Show answer Hide answer
Answer: A. At once pronounce judgment
If preliminary hearings reveal no disputes on law or fact, courts may pronounce judgment immediately. This procedural shortcut eliminates unnecessary trials when litigants agree on all material facts. Civil procedure cod...