Multiple choice

On which of the following grounds can an aggrieved person not apply for a review of an order or judgement of a Civil Court?

  1. A decree or order from which an appeal is allowed, but from which no appeal has been preferred

  2. A decree or order passed in the absence of the aggrieved person

  3. A decree or order from which no appeal is allowed

  4. A decision on a reference from a court of small cause
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B Correct answer
Explanation

Option (1) is incorrect: Under Section 114 of the CPC, an aggrieved person may apply for a review of an order or judgement of a civil court by a decree or order from which an appeal is allowed, but from which no appeal has been preferred. Option (2) is correct: An aggrieved person cannot apply for a review of an order or judgement of a Civil Court by a decree or order is passed in the absence of the aggrieved person.

Option (3) is incorrect: Under Section 114 of the CPC, an aggrieved person may apply for a review of an order or judgement of a civil court by a decree or order from which no appeal is allowed. Option (4) is incorrect: Under Section 114 of the CPC, an aggrieved person may apply for a review of an order or judgement of a civil court by a decision on a reference from a court of small cause.
 

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