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    Question

    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:
    A Dismiss the appeal under O. 41, r 11(1), without issuing any notice to the respondents Correct Answer Incorrect Answer
    B Confirm, reverse or vary the decree of the court of first instance (O. 41, r 32) Correct Answer Incorrect Answer
    C Dismiss the appeal while issuing notice to the respondents under O. 41, r 11(1) Correct Answer Incorrect Answer
    D Either (A) or (B) Correct Answer Incorrect Answer
    E None of these Correct Answer Incorrect Answer

    Solution

    The appellate court, under Order 41 Rule 11(1), may dismiss an appeal without issuing notice to respondents in certain circumstances (A). Moreover, under Order 41 Rule 32, it can confirm, reverse, or vary the decree of the court of first instance (B). Thus, the appellate court's power includes both these options.

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