S
Sahaj Vidhi
Chhattisgarh Pre 2016 Re

Which of the following statement is correct? (1) An appeal may lie from an original decree passed ex parte (2) No appeal shall lie from a decree passed by the Court with the consent of parties (3) No appeal shall lie on a question of law

Verified Answer
A. Only (1)
B. Only (2)
C. Only (3)
D. Both (1) and (2)

Explanation:

Statement (1) is correct: An appeal lies from an ex parte decree (Order 43 Rule 1A(2) CPC). Statement (2) is correct: Section 96(3) CPC states that no appeal shall lie from a decree passed by the Court with the consent of parties. Statement (3) is incorrect: Appeals can lie on questions of law, especially in second appeals (Section 100 CPC). Therefore, both (1) and (2) are correct.