Code of Civil Procedure, 1908 Model Test 1 (English)

Time Allowed30 Minutes

Total Questions50 MCQs

Total Marks50 Marks

Negative Marking-0.25 Marks

Qualifying Mark50% Pass

📜 Candidate Examination Guidelines (Click to expand)

The real-time countdown timer starts as soon as you begin the test.
Carefully select one correct option for each multiple-choice question.
A negative penalty of 0.25 marks is deducted for each incorrect answer.
Click Submit / Finish upon completion to review your immediate OMR scorecard and statutory explanations.

Time limit: 30 minutes. Complete the test within time.

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CPC Model Test 1 (English)

Code of Civil Procedure, 1908

Questions: 50
Full Marks: 50
Time: 30 Minutes

1 / 50

Section 11 of the CPC (English) deals with:

A) Res Judicata

B) Interpleader suits

C) Commissions

D) Place of suing

2 / 50

A "decree-holder" under Section 2(3) means:

A) The judge who passes the decree

B) Any person who files a civil suit

C) Any person against whom a decree has been passed

D) Any person in whose favour a decree has been passed

3 / 50

Section 64 states that any private alienation of property after attachment shall be:

A) Voidable by the judgment-debtor

B) Valid if registered

C) Subject to a 10% penalty

D) Void as against all claims enforceable under the attachment

4 / 50

How is "mesne profits" defined under Section 2(12)?

A) The principal amount of property value

B) Profits earned by a legal representative

C) Profits due to improvements made by the person in wrongful possession

D) Profits which the person in wrongful possession actually received or might have received, plus interest

5 / 50

Section 15 mandates that every suit shall be instituted in:

A) The Court of the lowest grade competent to try it

B) The District Court

C) Any Civil Court

D) The High Court Division

6 / 50

Which section of the CPC (English) deals with the award of "Interest"?

A) Section 30

B) Section 36

C) Section 32

D) Section 34

7 / 50

According to the CPC (English), a decree becomes "final" when:

A) The judge signs it

B) Further proceedings have to be taken

C) The adjudication completely disposes of the suit

D) It is partly preliminary

8 / 50

What is the mandatory notice period before instituting a suit against the Government or a public officer for an official act (Section 80)?

A) One month

B) Two months

C) Six months

D) Three months

9 / 50

No outer door of a dwelling-house shall be broken open for seizure of movable property unless (Section 62):

A) The police arrive

B) The debt is over 10,000 Taka

C) It is daylight

D) The dwelling-house is in the occupancy of the judgment-debtor and he refuses access

10 / 50

No objection as to the place of suing shall be allowed by an appellate Court unless (Section 21):

A) The defendant filed a separate suit

B) The property is worth more than 50,000 Taka

C) The plaintiff agrees to it

D) It was taken in the Court of first instance at the earliest possible opportunity

11 / 50

The principle of "Stay of suit" (Res Sub Judice) is described in which section?

A) Section 10

B) Section 12

C) Section 9

D) Section 11

12 / 50

Under Section 73, proceeds of an execution-sale shall be:

A) Given entirely to the first applicant

B) Refunded to the judgment-debtor

C) Rateably distributed among all decree-holders who applied before receipt of assets

D) Kept by the Court as revenue

13 / 50

Under Section 6, a Court shall NOT have jurisdiction over suits if:

A) The suit is filed by a foreign citizen

B) The amount exceeds the pecuniary limits of its ordinary jurisdiction

C) The subject-matter involves real estate

D) It involves a government public officer

14 / 50

The Court to which a decree is sent for execution must (Section 41):

A) Retrial the entire case

B) Certify to the Court which passed it the fact of execution or failure

C) Ask the Government for permission

D) Send it back immediately

15 / 50

If an application is not filed within the time fixed by the Court, it shall not be admitted without payment of cost up to (Section 35B):

A) 5,000 Taka

B) 1,000 Taka

C) 2,000 Taka

D) 3,000 Taka

16 / 50

A decree may be executed by (Section 38):

A) The Court which passed it, or the Court to which it is sent for execution

B) Only the High Court Division

C) Only the Court which passed it

D) The Police Station of the local jurisdiction

17 / 50

Under Section 48, execution of a decree (not granting an injunction) is generally barred after the expiration of:

A) 6 years

B) 3 years

C) 12 years

D) 20 years

18 / 50

What is the maximum compensatory cost a Court can award for false or vexatious claims under Section 35A?

A) 10,000 Taka

B) 50,000 Taka

C) 1,00,000 Taka

D) 25,000 Taka

19 / 50

Which of the following properties is EXEMPT from attachment and sale in execution of a decree (Section 60)?

A) Tools of artisans and necessary wearing-apparel

B) Bank-notes and cheques

C) Shares in a corporation

D) Lands and houses

20 / 50

Which of the following is NOT a ground for the Court to issue a commission under Section 75?

A) To arrest a judgment-debtor

B) To make a local investigation

C) To examine any person

D) To examine or adjust accounts

21 / 50

When a judgment-debtor dies before the decree is fully satisfied, it may be executed against (Section 50):

A) His legal representative

B) His friends

C) The Government

D) The Court

22 / 50

For the purpose of making an arrest in execution of a decree, a dwelling-house shall NOT be entered (Section 55):

A) On a weekend

B) Before 8 AM

C) After sunset and before sunrise

D) Without a police escort

23 / 50

Under Section 2(2) of the CPC (English), which of the following is NOT included in the definition of a "decree"?

A) Preliminary decree

B) Determination of any question within section 144

C) Any order of dismissal for default

D) The rejection of a plaint

24 / 50

Under Section 24, who has the general power to transfer and withdraw suits?

A) The Supreme Court only

B) The Court of Small Causes

C) The High Court Division or the District Court

D) The Government

25 / 50

When did the Code of Civil Procedure, 1908 come into force?

A) 1st July, 1909

B) 1st January, 1908

C) 1st July, 1908

D) 1st January, 1909

26 / 50

In a suit by or against the Government, the authority to be named as plaintiff or defendant shall be (Section 79):

A) Bangladesh

B) The Prime Minister

C) The Attorney General

D) The President

27 / 50

The liability of a legal representative in executing a decree is limited to:

A) Half of the decree amount

B) His personal property

C) Unlimited liability

D) The extent of the property of the deceased which has come to his hands

28 / 50

According to Section 11, Explanation IV, any matter which might and ought to have been made a ground of defence or attack in a former suit is known as:

A) Actual Res Judicata

B) Ex parte decree

C) Constructive Res Judicata

D) Res Sub Judice

29 / 50

Under Section 13, a foreign judgment shall NOT be conclusive if:

A) It follows natural justice

B) It has been pronounced by a Court of competent jurisdiction

C) It has been given on the merits of the case

D) It has been obtained by fraud

30 / 50

Where immovable property is sold in execution of a decree and the sale becomes absolute, the property vests in the purchaser from (Section 65):

A) The date of court registration

B) The time when the property is sold

C) The time the sale becomes absolute

D) The date of the original decree

31 / 50

Does "movable property" under Section 2(13) include growing crops?

A) Only if severed from the land

B) Yes

C) No

D) Only if ordered by the Court

32 / 50

According to Section 56, the Court shall NOT order the arrest or detention in civil prison of whom in execution of a money decree?

A) An old, infirm, pregnant or breast-feeding woman

B) Any person above 60 years of age

C) A foreign national

D) Any government officer

33 / 50

Under Section 82, execution shall not be issued on a decree against the Government unless it remains unsatisfied for a period of:

A) Two months

B) Three months from the date of the report

C) Six months

D) One month

34 / 50

In the attachment of salary (under Section 60), what portion is exempt from attachment?

A) Nothing is exempt

B) Half of the total salary

C) The first hundred Taka and one-half the remainder

D) The entire salary

35 / 50

Section 26(2) states that in every plaint, facts shall be proved by:

A) Government gazette

B) Affidavit

C) Oral testimony alone

D) Police verification

36 / 50

An "order" under Section 2(14) is defined as:

A) The formal expression of any decision of a Civil Court which is not a decree

B) The statement given by the Judge of the grounds of a decree

C) The formal expression of an adjudication conclusively determining rights

D) An interpleader suit decision

37 / 50

Under Section 32, what is the maximum fine a Court can impose to compel the attendance of a witness?

A) 100 Taka

B) 1000 Taka

C) 500 Taka

D) 5000 Taka

38 / 50

Under Section 51, a decree for the payment of money shall NOT be executed by detention in prison unless the Court is satisfied that:

A) The judgment-debtor has the means to pay but refuses or neglects to pay

B) The judgment-debtor is likely to abscond

C) All of the above

D) The judgment-debtor dishonestly transferred property

39 / 50

According to Section 3, the District Court is subordinate to:

A) The High Court Division

B) The Government

C) The Appellate Division

D) The Supreme Court

40 / 50

If the decree is for the payment of a sum of money NOT exceeding fifty Taka, the detention period is:

A) Six months

B) Two months

C) Six weeks

D) Three months

41 / 50

Section 9 of the CPC (English) states that Courts have jurisdiction to try all civil suits EXCEPT:

A) Suits where the right to property is contested

B) Suits of which their cognizance is either expressly or impliedly barred

C) Suits between foreign nationals

D) Suits relating to religious rites

42 / 50

A resides in Chittagong, beats B in Dhaka. Where can B sue A for compensation?

A) Either in Dhaka or in Chittagong

B) None of the above

C) Only in Chittagong

D) Only in Dhaka

43 / 50

Who makes the partition of an undivided estate assessed to the payment of revenue to the Government (Section 54)?

A) The Civil Court Judge

B) The High Court Division

C) The Attorney General

D) The Collector or his deputed gazetted subordinate

44 / 50

If the decree is for the payment of a sum of money exceeding fifty Taka, the detention period in civil prison shall be (Section 58):

A) Six weeks

B) Six months

C) Three months

D) One year

45 / 50

What is the maximum duration an attachment under a "precept" shall continue without an extension order (Section 46)?

A) Two months

B) Six months

C) One year

D) One month

46 / 50

A suit for the partition of immovable property shall be instituted in the Court within whose local limits:

A) The plaintiff resides

B) The property is situate

C) The contract was signed

D) The defendant resides

47 / 50

Where an immovable property is situate within the jurisdiction of different Courts, the suit may be instituted (Section 17):

A) Only in the District Court

B) In any Court within the local limits of whose jurisdiction any portion of the property is situate

C) Only in the Court where the largest portion of the property sits

D) Only in the High Court Division

48 / 50

According to Section 26, how is every civil suit instituted?

A) By a police report

B) By an oral application

C) By the presentation of a plaint or as prescribed

D) By issuing a summons

49 / 50

Does the pendency of a suit in a foreign Court preclude a Court in Bangladesh from trying a suit founded on the same cause of action?

A) Yes, absolutely

B) Yes, if the value exceeds 1,00,000 Taka

C) Yes, if the foreign court is in the UK

D) No, it does not preclude

50 / 50

If a judgment-debtor resists the purchaser in obtaining possession of sold immovable property without just cause, the Court may detain the judgment-debtor for up to (Section 74):

A) 30 days

B) 90 days

C) 60 days

D) 15 days

The average score is 16%

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Code of Civil Procedure, 1908 Model Test 1 (English)

Code of Civil Procedure, 1908

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