Q1: 1. In which section of the Civil Procedure Code, 1908 is the provision for review mentioned?

• A) A) Section 112
• B) B) Section 114
• C) C) Section 116
• D) D) Section 118

Q2: 2. When can a review of a decree be allowed under Section 114 of the CPC, 1908?

• A) A) On the grounds of new evidence
• B) B) On the grounds of discovery of a new fact
• C) C) On the grounds of an error apparent on the face of the record
• D) D) All of the above

Q3: 3. Which of the following is NOT a ground for review under Section 114 of the CPC, 1908?

• A) A) Misinterpretation of law
• B) B) Non-existence of the court
• C) C) New evidence discovered after the decree
• D) D) Fraud by a party

Q4: 4. A real-life scenario for a review under Section 114 could be

• A) A) A party discovers new evidence that was not available during the original trial
• B) B) A judge makes a typographical error in the decree
• C) C) A party is unhappy with the outcome of the case
• D) D) A party wishes to prolong the legal process

Q5: 5. Who can file a review petition under Section 114 of the CPC, 1908?

• A) A) Any party to the suit
• B) B) Only the plaintiff
• C) C) Only the defendant
• D) D) Only the court

Q6: 6. Which court has the power to review its own decision under Section 114 of the CPC, 1908?

• A) A) District Court
• B) B) High Court
• C) C) Supreme Court
• D) D) Lower Court

Q7: 7. An example of an error apparent on the face of the record that could lead to a review under Section 114 is

• A) A) Incorrect calculation of damages
• B) B) Delay in filing the review petition
• C) C) Change in the law after the decree
• D) D) Clerical mistake in the judgment

Q8: 8. What is the time limit for filing a review petition under Section 114 of the CPC, 1908?

• A) A) 30 days from the date of decree
• B) B) 60 days from the date of decree
• C) C) 90 days from the date of decree
• D) D) 120 days from the date of decree

Q9: 9. Which of the following statements is true regarding the review process under Section 114?

• A) A) It allows for a re-trial of the case
• B) B) It is an appeal against the original decree
• C) C) It is a fresh adjudication of the case on merits
• D) D) It can only be filed by the winning party

Q10: 10. A scenario where review under Section 114 may not be allowed is

• A) A) The party failed to present all evidence during the original trial
• B) B) The party wants a second chance to argue their case
• C) C) The court discovers an error in its own judgment
• D) D) The party is dissatisfied with the judgment

Q11: 11. Can a review petition be filed solely on the grounds of an erroneous decision by the party?

• A) A) Yes
• B) B) No
• C) C) Only if the error is substantial
• D) D) Only if the error is favorable to the party

Q12: 12. Which of the following is a condition that needs to be satisfied for the court to exercise its power of review under Section 114?

• A) A) The court must be convinced of the innocence of the petitioner
• B) B) The petitioner must pay a fee for the review
• C) C) The petition must be filed within the prescribed time limit
• D) D) The review must be requested by both parties

Q13: 13. In a scenario where a review petition is dismissed by the court, can the petitioner file another review petition on the same grounds?

• A) A) Yes
• B) B) No
• C) C) Only after a waiting period of one year
• D) D) Only with the permission of the higher court

Q14: 14. A situation where a review under Section 114 might be considered is when

• A) A) A key witness in the case recants their testimony
• B) B) The losing party wants to challenge the validity of the law
• C) C) The judgment is in line with the evidence and arguments presented
• D) D) The court is unable to locate the case file

Q15: 15. What is the purpose of allowing reviews under Section 114 of the CPC, 1908?

• A) A) To delay the legal process
• B) B) To correct errors that may have crept into the judgment
• C) C) To provide a platform for parties to re-argue their case
• D) D) To punish the party who lost the case

Q16: 16. Which of the following is NOT a requirement for filing a review petition under Section 114?

• A) A) Payment of a security deposit
• B) B) Discovery of new and important matter or evidence
• C) C) Mistake or error apparent on the face of the record
• D) D) Any other sufficient reason

Q17: 17. A scenario where a review petition might be rejected is when

• A) A) The party fails to appear in court for the review hearing
• B) B) The court discovers a clerical error in the judgment
• C) C) The review petition is filed after the prescribed time limit
• D) D) The winning party requests a review for a higher judgment

Q18: 18. Can a review under Section 114 change the decision of the court in the original decree?

• A) A) Yes, only if new evidence is presented
• B) B) No, the original decree is final
• C) C) Yes, the court has the power to reverse its decision
• D) D) No, reviews are only for minor corrections

Q19: 19. Which of the following is an example of a mistake apparent on the face of the record for the purpose of review?

• A) A) Change in the economic conditions after the decree
• B) B) Incorrect citation of a legal provision in the judgment
• C) C) Failure of a party to present all evidence during the trial
• D) D) Change in the political climate after the decree

Q20: 20. What is the general procedure followed by the court when a review petition is filed under Section 114?

• A) A) The court hears the review petition in a closed session
• B) B) The court issues a notice to the opposite party and hears both sides
• C) C) The court dismisses the review petition without further consideration
• D) D) The court appoints a new judge to review the case

Q21: 21. In a review under Section 114, if the court finds that there was an error in the judgment, what action can it take?

• A) A) Reopen the entire case for a fresh trial
• B) B) Modify, reverse, or confirm the original judgment
• C) C) Punish the party responsible for the error
• D) D) Dismiss the review petition without any changes

Q22: 22. Which of the following best describes the power of review granted under Section 114 of the CPC, 1908?

• A) A) Unlimited and unrestricted
• B) B) Limited to minor corrections only
• C) C) Restricted to financial matters
• D) D) Subject to approval by the President

Q23: 23. A scenario where a review petition might be accepted is when

• A) A) The party files the petition after the expiry of the prescribed time limit
• B) B) The court discovers a procedural error in the original decree
• C) C) The party is unhappy with the judgment but presents no new evidence
• D) D) The judge is unable to recall the details of the case

Q24: 24. What is the significance of the provision for review under Section 114 in the CPC, 1908?

• A) A) To discourage parties from filing appeals
• B) B) To provide a safeguard against miscarriage of justice
• C) C) To expedite the legal process
• D) D) To encourage parties to prolong litigation

Q25: 25. Which of the following statements is true regarding the review process under Section 114?

• A) A) It is mandatory for the court to accept all review petitions filed
• B) B) It is an opportunity for parties to re-litigate the entire case
• C) C) It is a rare and seldom-used provision in civil procedure
• D) D) It can only be invoked by the losing party