For the purposes of Order XLV of the Code of Civil Procedure, 1908, what does rule 1 expressly add to…
Order XLV rule 1 includes a final order within decree for the purposes of that Order, unless the subject or context requires otherwise. Section 2(2) separately supplies the…
Choose your answer
For the purposes of Order XLV of the Code of Civil Procedure, 1908, what does rule 1 expressly add to the meaning of decree, unless the subject or context requires otherwise?
Answer and explanation
Correct answer B
Order XLV rule 1 includes a final order within decree for the purposes of that Order, unless the subject or context requires otherwise. Section 2(2) separately supplies the general definition and deems rejection of a plaint to be a decree.
Option feedback
Option A
Section 2(2) defines decree by the formal expression of an adjudication that conclusively determines specified rights. Rule 1 does not add all formal adjudications.
Option B
Rule 1 expressly extends the term to a final order for the purposes of Order XLV, subject to context.
Option C
Section 2(2) already deems rejection of a plaint to be a decree. Rule 1 expressly adds a different category.
Option D
The addition is a final order. The rule does not generally include interlocutory orders.
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