The court to amend a decree is the court that passed it Where an appeal is preferred from a decree o...........

Professional Legal Knowledge Civil Procedure Code (CPC)

The court to amend a decree is the court that passed it. Where an appeal is preferred from a decree of a court of first instance the Appellate Court may:

Dismiss the appeal under O. 41, r 11(1), without issuing any notice to the respondents

Confirm, reverse or vary the decree of the court of first instance (O. 41, r 32)

Either (A) or (B)

None of these

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Explanation:

- Option 1: The Appellate Court can indeed dismiss an appeal without issuing notice to the respondents under Order 41, Rule 11(1). This is a procedural mechanism to expedite cases that lack merit.

- Option 2: Under Order 41, Rule 32, the Appellate Court has the authority to confirm, reverse, or vary the decree of the court of first instance. This means it can alter the original decision.

- Option 3: This option states that either Option 1 or Option 2 could be correct, indicating that both procedural actions are possible for an appellate court.

- Option 4: This option suggests that none of the above options are correct, which doesn't align with the rules mentioned.

Correct Answer: Option 3 - Either (A) or (B).