Does the Civil Court (Trial Court) have the power of restitution on variation of a decree or order in appeal?
A. Trial court of first instance that had passed the decree has the power of restitution
B. A separate civil suit has to be filed for restitution when Section 144(a) of the Code of Civil Procedure, 1908 applies
C. Trial Court of first instance that had passed the decree has no power of restitution
D. There is no power of restitution
Answer: Option A
Under Order 8 Rule 6 Code of Civil Procedure set-off may be permitted if-
A. The suit is for recovery of property
B. Set-off claimed by the defendant is ascertained sum of money
C. Value of property recoverable is less than rupees two lacs
D. Defendant presents a written statement of the suit
A. Is barred under all circumstances
B. Is not barred at all
C. Can be filed with the leave of the court
D. Either B or C
A. Such property actually received or might have received together with interest
B. Property actually received including profits due to improvements made by such person
C. Such property actually received or might have received but without any interest on such profits
D. Such property actually received
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