Code of Civil Procedure, 1908 Model Test 10 (English) 0% Time limit: 30 minutes. Complete the test within time. āĻ¸āĻŽā§ āĻļā§āĻˇ āĻ§āĻ¨ā§āĻ¯āĻŦāĻžāĻĻāĨ¤ CPC Model Test 10 (English) Code of Civil Procedure, 1908 Questions: 50 Full Marks: 50 Time: 30 Minutes 1 / 50 Under Order XVI, Rule 12, if a witness whose property has been attached fails to appear or satisfy the Court, the Court may order: A) The property to be given to the plaintiff B) The witness to be executed C) The suit to be dismissed D) The property to be sold Explanation: According to Order XVI, Rule 12 of The Code of Civil Procedure, 1908, the legally correct resolution is "The property to be sold". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 2 / 50 Under Order XVIII, Rule 4, the examination-in-chief of a witness shall be on: A) Affidavit B) Video recording C) Written statement D) Oral statement before the judge Explanation: According to Order XVIII, Rule 4 of The Code of Civil Procedure, 1908, the legally correct resolution is "Affidavit". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 3 / 50 Under Order XXI, Rule 43, attachment of movable property in the possession of the judgment-debtor shall be made by: A) Publication in newspaper B) Actual seizure C) Taking a photograph of the property D) A simple notice Explanation: According to Order XXI, Rule 43 of The Code of Civil Procedure, 1908, the legally correct resolution is "Actual seizure". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 4 / 50 Under Order XXII, Rule 1, the death of a plaintiff or defendant shall not cause the suit to abate if: A) The parties are rich B) The right to sue survives C) The lawyers agree D) The court fee is paid Explanation: According to Order XXII, Rule 1 of The Code of Civil Procedure, 1908, the legally correct resolution is "The right to sue survives". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 5 / 50 According to Order XVIII, Rule 2, the party having the right to begin shall state his case and produce his evidence in support of: A) The issues the other party is bound to prove B) The issues which he is bound to prove C) Issues not framed by the court D) Only issues of law Explanation: According to Order XVIII, Rule 2 of The Code of Civil Procedure, 1908, the legally correct resolution is "The issues which he is bound to prove". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 6 / 50 Under Order XVI, Rule 1A, can a party produce witnesses without applying for summons? A) Yes, but only expert witnesses B) Yes, subject to the provisions of sub-rule (3) of rule 1 C) No D) Yes, only with Court's prior permission Explanation: According to Order XVI, Rule 1 of The Code of Civil Procedure, 1908, the legally correct resolution is "Yes, subject to the provisions of sub-rule (3) of rule 1". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 7 / 50 According to Order XIV, Rule 3, from which of the following materials may the Court frame issues? A) Allegations in the pleadings B) Contents of documents produced by either party C) Allegations made on oath by the parties D) All of the above Explanation: According to Order XIV, Rule 3 of The Code of Civil Procedure, 1908, the legally correct resolution is "All of the above". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 8 / 50 According to Order XXI, Rule 97, if the holder of a decree for the possession of immovable property is resisted or obstructed by any person in obtaining possession, he may: A) Use physical force B) Arrest the person C) Make an application to the Court complaining of such resistance or obstruction D) Abandon the property Explanation: According to Order XXI, Rule 97 of The Code of Civil Procedure, 1908, the legally correct resolution is "Make an application to the Court complaining of such resistance or obstruction". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 9 / 50 According to Order XVI, Rule 2, before a summons is granted for a witness, what must the party applying for it pay into Court? A) The court fee for the suit B) A sum of money sufficient to defray the traveling and other expenses of the witness C) The witness's lawyer fee D) A security deposit of fixed amount Explanation: According to Order XVI, Rule 2 of The Code of Civil Procedure, 1908, the legally correct resolution is "A sum of money sufficient to defray the traveling and other expenses of the witness". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 10 / 50 According to Order XXI, Rule 2, where any money payable under a decree is paid out of Court, the decree-holder shall: A) Keep it a secret B) Ask for more money C) Return the money D) Certify such payment or adjustment to the Court Explanation: According to Order XXI, Rule 2 of The Code of Civil Procedure, 1908, the legally correct resolution is "Certify such payment or adjustment to the Court". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 11 / 50 According to Order XX, Rule 14, in a suit to enforce a right of pre-emption, if the purchase-money is not paid into Court within the specified day: A) The suit shall be postponed B) The property will be sold at auction C) The defendant must pay the pre-emptor D) The suit shall be dismissed with costs Explanation: According to Order XX, Rule 14 of The Code of Civil Procedure, 1908, the legally correct resolution is "The suit shall be dismissed with costs". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 12 / 50 Under Order XIV, Rule 5, at what stage can the Court amend or strike out issues? A) Only at the first hearing B) After passing a decree C) Only during appeal D) At any time before passing a decree Explanation: According to Order XIV, Rule 5 of The Code of Civil Procedure, 1908, the legally correct resolution is "At any time before passing a decree". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 13 / 50 Under Order XIV, Rule 1(5), at what stage shall the Court proceed to frame and record the issues? A) At the first hearing B) After recording evidence C) During the final argument D) After filing the written statement Explanation: According to Order XIV, Rule 1 of The Code of Civil Procedure, 1908, the legally correct resolution is "At the first hearing". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 14 / 50 According to Order XXI, Rule 58, if any claim is preferred to, or any objection is made to the attachment of, any property attached in execution of a decree, the Court shall: A) Proceed to adjudicate upon the claim or objection B) Sell the property C) Reject the claim immediately D) Refer it to a mediator Explanation: According to Order XXI, Rule 58 of The Code of Civil Procedure, 1908, the legally correct resolution is "Proceed to adjudicate upon the claim or objection". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 15 / 50 According to Order XXI, Rule 22, notice to show cause against execution is required if the application for execution is made more than how many years after the date of the decree? A) Two years B) Three years C) One year D) Twelve years Explanation: According to Order XXI, Rule 22 of The Code of Civil Procedure, 1908, the legally correct resolution is "Two years". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 16 / 50 Under Order XVI, Rule 1, a list of witnesses must be filed by the parties within how many days after the date on which the issues are settled? A) 30 days B) 7 days C) 45 days D) 15 days Explanation: According to Order XVI, Rule 1 of The Code of Civil Procedure, 1908, the legally correct resolution is "15 days". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 17 / 50 Under Order XXI, Rule 54, attachment of immovable property is made by: A) Taking physical possession immediately B) Confiscating the title deeds C) Arresting the owner D) An order prohibiting the judgment-debtor from transferring or charging the property Explanation: According to Order XXI, Rule 54 of The Code of Civil Procedure, 1908, the legally correct resolution is "An order prohibiting the judgment-debtor from transferring or charging the property". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 18 / 50 According to Order XXI, Rule 46, attachment of debt, share and other property not in possession of the judgment-debtor is made by: A) Sending a police officer B) A written order prohibiting the creditor from recovering the debt C) Making a public announcement D) Actual seizure Explanation: According to Order XXI, Rule 46 of The Code of Civil Procedure, 1908, the legally correct resolution is "A written order prohibiting the creditor from recovering the debt". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 19 / 50 Under Order XVII, Rule 2, if on any day to which the hearing is adjourned, the parties or any of them fail to appear, the Court may: A) Proceed to dispose of the suit in one of the modes directed in that behalf by Order IX B) Issue an arrest warrant C) Dismiss the suit with a fine D) Frame new issues Explanation: According to Order XVII, Rule 2 of The Code of Civil Procedure, 1908, the legally correct resolution is "Proceed to dispose of the suit in one of the modes directed in that behalf by Order IX". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 20 / 50 Under Order XXI, Rule 10, where the holder of a decree desires to execute it, he shall apply to: A) The local police B) The High Court C) The Court which passed the decree or to the officer appointed D) The Supreme Court Explanation: According to Order XXI, Rule 10 of The Code of Civil Procedure, 1908, the legally correct resolution is "The Court which passed the decree or to the officer appointed". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 21 / 50 In a decree for recovery of specific movable property, under Order XX, Rule 10, the decree shall also state: A) The weight of the property B) The names of the transport company C) The police station to handle execution D) The amount of money to be paid in alternative if delivery cannot be had Explanation: According to Order XX, Rule 10 of The Code of Civil Procedure, 1908, the legally correct resolution is "The amount of money to be paid in alternative if delivery cannot be had". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 22 / 50 Order XXI, Rule 11(2) states that an application for execution of a decree shall be in writing, signed, verified, and must contain details like: A) The names of the parties B) All of the above C) The amount with interest D) The number of the suit Explanation: According to Order XXI, Rule 11 of The Code of Civil Procedure, 1908, the legally correct resolution is "All of the above". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 23 / 50 Under Order XX, Rule 16, in a suit for an account of pecuniary transactions between a principal and an agent, before passing a final decree, the Court shall pass a: A) Preliminary decree directing such accounts to be taken B) Summary judgment C) Ex parte decree D) Default decree Explanation: According to Order XX, Rule 16 of The Code of Civil Procedure, 1908, the legally correct resolution is "Preliminary decree directing such accounts to be taken". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 24 / 50 According to Order XX, Rule 6(2), the decree shall specify clearly the: A) Questions asked during cross-examination B) Arguments of the lawyers C) Evidence presented D) Relief granted or other determination of the suit Explanation: According to Order XX, Rule 6 of The Code of Civil Procedure, 1908, the legally correct resolution is "Relief granted or other determination of the suit". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 25 / 50 Under Order XVIII, Rule 17, the Court may at any stage of a suit recall any witness who has been examined and: A) Ask him to rewrite his affidavit B) Punish him C) Order him to pay costs D) Put such questions to him as the Court thinks fit Explanation: According to Order XVIII, Rule 17 of The Code of Civil Procedure, 1908, the legally correct resolution is "Put such questions to him as the Court thinks fit". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 26 / 50 According to Order XX, Rule 4(1), judgments of a Court of Small Causes need not contain more than: A) The points for determination and the decision thereon B) A full summary of evidence C) The pleadings of the parties D) A detailed analysis of all case laws Explanation: According to Order XX, Rule 4 of The Code of Civil Procedure, 1908, the legally correct resolution is "The points for determination and the decision thereon". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 27 / 50 Under Order XX, Rule 5, in suits in which issues have been framed, the Court shall state its finding or decision: A) Upon each separate issue (unless finding on one is sufficient) B) Only on the most important issue C) Upon issues chosen by the plaintiff D) Only on the issue of law Explanation: According to Order XX, Rule 5 of The Code of Civil Procedure, 1908, the legally correct resolution is "Upon each separate issue (unless finding on one is sufficient)". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 28 / 50 Under Order XXI, Rule 41, the Court may order the judgment-debtor to be examined as to: A) His previous criminal record B) His political affiliations C) What debts are owing to him and what property or means he has D) His family history Explanation: According to Order XXI, Rule 41 of The Code of Civil Procedure, 1908, the legally correct resolution is "What debts are owing to him and what property or means he has". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 29 / 50 Under Order XX, Rule 11, the Court may, for any sufficient reason, order that payment of the amount decreed shall be: A) Waived B) Postponed or made by installments C) Converted into a jail sentence D) Paid by the government Explanation: According to Order XX, Rule 11 of The Code of Civil Procedure, 1908, the legally correct resolution is "Postponed or made by installments". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 30 / 50 Under Order XXI, Rule 90, an application to set aside a sale of immovable property in execution of a decree can be made on the ground of: A) The auction taking too long B) Inadequacy of price alone C) The purchaser being a relative D) A material irregularity or fraud in publishing or conducting the sale Explanation: According to Order XXI, Rule 90 of The Code of Civil Procedure, 1908, the legally correct resolution is "A material irregularity or fraud in publishing or conducting the sale". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 31 / 50 Under Order XIV, Rule 2, if issues both of law and of fact arise, and the Court thinks a case may be disposed of on an issue of law only, it may: A) Dismiss the suit B) Try the issue of fact first C) Try both simultaneously D) Try the issue of law first Explanation: According to Order XIV, Rule 2 of The Code of Civil Procedure, 1908, the legally correct resolution is "Try the issue of law first". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 32 / 50 Under Order XXII, Rule 3, where a sole plaintiff dies and the right to sue survives, the Court, on an application made in that behalf, shall cause the: A) Defendant to win the suit B) Government to take over the suit C) Suit to be dismissed D) Legal representative of the deceased plaintiff to be made a party Explanation: According to Order XXII, Rule 3 of The Code of Civil Procedure, 1908, the legally correct resolution is "Legal representative of the deceased plaintiff to be made a party". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 33 / 50 Under Order XX, Rule 6, the decree shall agree with the: A) Evidence B) Judgment C) Plaint D) Pleadings Explanation: According to Order XX, Rule 6 of The Code of Civil Procedure, 1908, the legally correct resolution is "Judgment". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 34 / 50 Under Order XVIII, Rule 1, who has the right to begin the hearing of the suit? A) The defendant B) The plaintiff C) The Court D) The amicus curiae Explanation: According to Order XVIII, Rule 1 of The Code of Civil Procedure, 1908, the legally correct resolution is "The plaintiff". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 35 / 50 Under Order XXI, Rule 89, where immovable property has been sold in execution of a decree, the judgment-debtor may apply to have the sale set aside on his depositing in Court: A) 5% of the purchase-money B) Only the amount due to the decree-holder C) A sum equal to 5% of the purchase-money for payment to the purchaser, and the amount specified in the proclamation of sale for payment to the decree-holder D) 10% of the purchase-money Explanation: According to Order XXI, Rule 89 of The Code of Civil Procedure, 1908, the legally correct resolution is "A sum equal to 5% of the purchase-money for payment to the purchaser, and the amount specified in the proclamation of sale for payment to the decree-holder". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 36 / 50 According to Order XXI, Rule 69, the Court or the officer conducting a sale may, in his discretion: A) Adjourn the sale B) Cancel the decree C) Change the decree-holder D) Give the property for free Explanation: According to Order XXI, Rule 69 of The Code of Civil Procedure, 1908, the legally correct resolution is "Adjourn the sale". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 37 / 50 Under Order XV, Rule 1, if at the first hearing it appears that the parties are not at issue on any question of law or of fact, the Court may: A) At once pronounce judgment B) Adjourn the hearing C) Proceed to frame issues D) Order for mediation Explanation: According to Order XV, Rule 1 of The Code of Civil Procedure, 1908, the legally correct resolution is "At once pronounce judgment". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 38 / 50 Under Order XVII, Rule 1, the Court may grant time and adjourn the hearing if: A) The lawyers are busy in another court B) The defendant is absent C) Sufficient cause is shown D) Requested by the plaintiff only Explanation: According to Order XVII, Rule 1 of The Code of Civil Procedure, 1908, the legally correct resolution is "Sufficient cause is shown". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 39 / 50 Under Order XXI, Rule 15, where a decree has been passed jointly in favour of more persons than one, who may apply for the execution of the whole decree for the benefit of them all? A) Only the eldest person B) Any one or more of such persons C) Only the person who paid the court fee D) All must apply together Explanation: According to Order XXI, Rule 15 of The Code of Civil Procedure, 1908, the legally correct resolution is "Any one or more of such persons". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 40 / 50 Under Order XX, Rule 1, the Court shall pronounce judgment in open Court: A) At once, or as soon thereafter as may be practicable, on some future day B) Before the framing of issues C) At the appellate stage D) Before the evidence is complete Explanation: According to Order XX, Rule 1 of The Code of Civil Procedure, 1908, the legally correct resolution is "At once, or as soon thereafter as may be practicable, on some future day". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 41 / 50 Under Order XVI, Rule 10, if a witness fails to attend without lawful excuse, the Court may issue: A) A warrant (with or without bail) B) A proclamation C) A decree against him D) An injunction Explanation: According to Order XVI, Rule 10 of The Code of Civil Procedure, 1908, the legally correct resolution is "A warrant (with or without bail)". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 42 / 50 According to Order XXI, Rule 32, where a party against whom a decree for specific performance of a contract has been passed willfully fails to obey it, the decree may be enforced by: A) Attachment of his property B) Detention in the civil prison C) Both A and B D) Fine only Explanation: According to Order XXI, Rule 32 of The Code of Civil Procedure, 1908, the legally correct resolution is "Both A and B". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 43 / 50 Order XVIII, Rule 18 gives the Court the power to: A) Direct police investigation B) Arrest any witness C) Alter the pleadings D) Inspect any property or thing concerning which any question may arise Explanation: According to Order XVIII, Rule 18 of The Code of Civil Procedure, 1908, the legally correct resolution is "Inspect any property or thing concerning which any question may arise". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 44 / 50 Under Order XIX, Rule 1, the Court may at any time for sufficient reason order that any particular fact or facts may be proved by: A) Jury B) Circumstantial evidence C) Affidavit D) Oral testimony only Explanation: According to Order XIX, Rule 1 of The Code of Civil Procedure, 1908, the legally correct resolution is "Affidavit". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 45 / 50 Under Order XIX, Rule 3, affidavits shall be confined to such facts as the deponent is able of his own knowledge to prove, except on: A) Final judgments B) Cross-examinations C) Interlocutory applications D) Appeals Explanation: According to Order XIX, Rule 3 of The Code of Civil Procedure, 1908, the legally correct resolution is "Interlocutory applications". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 46 / 50 Under Order XXI, Rule 30, every decree for the payment of money may be executed by: A) Detention in the civil prison of the judgment-debtor B) Both A and B C) Forfeiture of his citizenship D) Attachment and sale of his property Explanation: According to Order XXI, Rule 30 of The Code of Civil Procedure, 1908, the legally correct resolution is "Both A and B". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 47 / 50 Under Order XXI, Rule 37, where an application is for the execution of a decree for the payment of money by the arrest and detention of a judgment-debtor, what does the Court usually issue first? A) A notice calling upon him to show cause why he should not be committed to civil prison B) A police summons C) An attachment order D) A proclamation of absconder Explanation: According to Order XXI, Rule 37 of The Code of Civil Procedure, 1908, the legally correct resolution is "A notice calling upon him to show cause why he should not be committed to civil prison". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 48 / 50 Under Order XXI, Rule 24, when the preliminary measures are taken, every process for the execution of the decree shall bear: A) Date and day on which it is issued B) Seal of the Court C) Signature of the Judge D) All of the above Explanation: According to Order XXI, Rule 24 of The Code of Civil Procedure, 1908, the legally correct resolution is "All of the above". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 49 / 50 Under Order XXI, Rule 1, all money payable under a decree shall be paid: A) To a charitable organization B) To the local police station C) Into the Court whose duty it is to execute the decree D) Directly to the judgment-debtor Explanation: According to Order XXI, Rule 1 of The Code of Civil Procedure, 1908, the legally correct resolution is "Into the Court whose duty it is to execute the decree". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 50 / 50 Under Order XXI, Rule 65, every sale in execution of a decree shall be conducted by: A) An officer of the Court or person appointed by the Court B) The local UP Chairman C) The judgment-debtor D) The decree-holder Explanation: According to Order XXI, Rule 65 of The Code of Civil Procedure, 1908, the legally correct resolution is "An officer of the Court or person appointed by the Court". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. The average score is 0% 0% Send feedback đ Practice More Model Tests (CPC English): âŦ ī¸ Previous: CPC Model Test 9 Next: CPC Model Test 11 âĄī¸ Facebook X LinkedIn Pinterest Messenger Messenger WhatsApp Telegram Share via Email Print
