Code of Civil Procedure, 1908 Model Test 12 (English) 0% Time limit: 30 minutes. Complete the test within time. āĻ¸āĻŽā§ āĻļā§āĻˇ āĻ§āĻ¨ā§āĻ¯āĻŦāĻžāĻĻāĨ¤ CPC Model Test 12 (English) Code of Civil Procedure, 1908 Questions: 50 Full Marks: 50 Time: 30 Minutes 1 / 50 Under Order XXI, Rule 32, a decree for restitution of conjugal rights may be enforced by: A) Kidnapping B) Attachment of property C) Arresting the relatives D) Physical force Explanation: According to Order XXI, Rule 32 of The Code of Civil Procedure, 1908, the legally correct resolution is "Attachment of property". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 2 / 50 Under Order VIII, Rule 6A(2), a counter-claim shall have the same effect as a: A) Cross-suit B) Interlocutory application C) Written statement D) Rejoinder Explanation: According to Order VIII, Rule 6 of The Code of Civil Procedure, 1908, the legally correct resolution is "Cross-suit". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 3 / 50 Under Order XXI, Rule 26, the Court to which a decree has been sent for execution shall, upon sufficient cause being shown, stay the execution of such decree to enable the judgment-debtor to apply to: A) The Court by which the decree was passed B) The Supreme Court C) The local UP Chairman D) The President Explanation: According to Order XXI, Rule 26 of The Code of Civil Procedure, 1908, the legally correct resolution is "The Court by which the decree was passed". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 4 / 50 Under Order VII, Rule 11(c), if the relief claimed is properly valued, but the plaint is written upon paper insufficiently stamped, the Court shall: A) Send the plaintiff to jail B) Dismiss the suit immediately C) Arrest the defendant D) Require the plaintiff to supply the requisite stamp-paper within a time to be fixed Explanation: According to Order VII, Rule 11 of The Code of Civil Procedure, 1908, the legally correct resolution is "Require the plaintiff to supply the requisite stamp-paper within a time to be fixed". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 5 / 50 According to Order IX, Rule 14, no decree shall be set aside on any application under Rule 13 (setting aside ex parte decree) unless notice thereof has been served on the: A) Opposite party B) Appellate Court C) Government pleader D) Court clerk Explanation: According to Order IX, Rule 14 of The Code of Civil Procedure, 1908, the legally correct resolution is "Opposite party". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 6 / 50 Under Order XIV, Rule 4, where the Court is of opinion that the issues cannot be correctly framed without the examination of some person not before the Court, it may: A) Proceed without framing issues B) Ask the police to investigate C) Adjourn the framing of issues to a future day D) Dismiss the suit Explanation: According to Order XIV, Rule 4 of The Code of Civil Procedure, 1908, the legally correct resolution is "Adjourn the framing of issues to a future day". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 7 / 50 Under Order XI, Rule 1, any party may deliver interrogatories in writing for the examination of the opposite parties with the: A) Leave of the Court B) Consent of the opposite party C) Help of a mediator D) Permission of the police Explanation: According to Order XI, Rule 1 of The Code of Civil Procedure, 1908, the legally correct resolution is "Leave of the Court". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 8 / 50 Under Order XXI, Rule 50, where a decree has been passed against a firm, execution may be granted against any property of: A) The government B) The partnership C) The customers D) The employees Explanation: According to Order XXI, Rule 50 of The Code of Civil Procedure, 1908, the legally correct resolution is "The partnership". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 9 / 50 Under Order XIII, Rule 9, any person, whether a party to the suit or not, desirous of receiving back any document produced by him in the suit and placed on the record shall be entitled to receive back the same: A) Before the suit is disposed of B) Never, it becomes Court property C) When the suit is one in which an appeal is not allowed, when the suit has been disposed of D) Only if he pays a fee Explanation: According to Order XIII, Rule 9 of The Code of Civil Procedure, 1908, the legally correct resolution is "When the suit is one in which an appeal is not allowed, when the suit has been disposed of". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 10 / 50 Under Order XXII, Rule 2, where there are more plaintiffs or defendants than one, and any of them dies, and where the right to sue survives to the surviving plaintiff or plaintiffs alone, or against the surviving defendant or defendants alone, the Court shall: A) Abate the suit entirely B) Cause an entry to that effect to be made on the record, and the suit shall proceed C) Frame new issues D) Dismiss the suit Explanation: According to Order XXII, Rule 2 of The Code of Civil Procedure, 1908, the legally correct resolution is "Cause an entry to that effect to be made on the record, and the suit shall proceed". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 11 / 50 Under Order VII, Rule 11(b), the plaint shall be rejected where the relief claimed is: A) Against the Government B) Undervalued and the plaintiff fails to correct the valuation within the time fixed C) Overvalued D) Not clear Explanation: According to Order VII, Rule 11 of The Code of Civil Procedure, 1908, the legally correct resolution is "Undervalued and the plaintiff fails to correct the valuation within the time fixed". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 12 / 50 Under Order XXVI, Rule 10, the proceedings and report in writing of the Commissioner shall be: A) Published in a newspaper B) Sent to the police C) Evidence in the suit and shall form part of the record D) Discarded Explanation: According to Order XXVI, Rule 10 of The Code of Civil Procedure, 1908, the legally correct resolution is "Evidence in the suit and shall form part of the record". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 13 / 50 Under Order XXII, Rule 9, where a suit abates or is dismissed under this Order, no fresh suit shall be brought on the: A) Same property by another person B) Same evidence C) Same cause of action D) Same day Explanation: According to Order XXII, Rule 9 of The Code of Civil Procedure, 1908, the legally correct resolution is "Same cause of action". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 14 / 50 Under Order XLVI, Rule 1, a reference of a question of law can be made to the High Court Division by: A) The Court trying the suit or appeal B) The Defendant C) The Government D) The Plaintiff Explanation: According to Order XLVI, Rule 1 of The Code of Civil Procedure, 1908, the legally correct resolution is "The Court trying the suit or appeal". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 15 / 50 Under Order XXI, Rule 66, before any property is sold by public auction in execution of a decree, the Court shall cause a: A) Notice to the President B) Arrest warrant to be issued C) Police investigation D) Proclamation of the intended sale to be made Explanation: According to Order XXI, Rule 66 of The Code of Civil Procedure, 1908, the legally correct resolution is "Proclamation of the intended sale to be made". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 16 / 50 Under Order XXI, Rule 72, a decree-holder cannot bid for or purchase the property sold in execution: A) Unless he brings his family B) Under any circumstances C) Without the express permission of the Court D) Unless he is very rich Explanation: According to Order XXI, Rule 72 of The Code of Civil Procedure, 1908, the legally correct resolution is "Without the express permission of the Court". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 17 / 50 Under Order XVIII, Rule 16, where a witness is about to leave the jurisdiction of the Court, the Court may take the evidence of such witness: A) By asking him to send a letter B) During the appeal stage C) Immediately (de bene esse) D) Only after the framing of issues Explanation: According to Order XVIII, Rule 16 of The Code of Civil Procedure, 1908, the legally correct resolution is "Immediately (de bene esse)". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 18 / 50 Under Order XII, Rule 1, any party to a suit may give notice, by his pleading, or otherwise in writing, that he: A) Admits the truth of the whole or any part of the case of any other party B) Refuses to pay costs C) Denies the jurisdiction of the Court D) Wants a transfer of the case Explanation: According to Order XII, Rule 1 of The Code of Civil Procedure, 1908, the legally correct resolution is "Admits the truth of the whole or any part of the case of any other party". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 19 / 50 Under Order XVIII, Rule 3, where there are several issues, the burden of proving some of which lies on the other party, the party beginning may, at his option: A) Refuse to produce any evidence B) Shift the burden of proof C) Produce his evidence on those issues or reserve it by way of answer to the evidence produced by the other party D) Ask for a summary judgment Explanation: According to Order XVIII, Rule 3 of The Code of Civil Procedure, 1908, the legally correct resolution is "Produce his evidence on those issues or reserve it by way of answer to the evidence produced by the other party". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 20 / 50 Under Order X, Rule 2, at the first hearing of the suit, the Court may orally examine: A) Only the plaintiff B) Only the defendant C) Any party appearing in person or present in Court D) The general public Explanation: According to Order X, Rule 2 of The Code of Civil Procedure, 1908, the legally correct resolution is "Any party appearing in person or present in Court". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 21 / 50 Under Order XXI, Rule 55, where the amount decreed with costs and all charges and expenses resulting from the attachment of any property are paid into Court, the attachment shall be deemed to be: A) Permanent B) Withdrawn C) Suspended D) Transferred Explanation: According to Order XXI, Rule 55 of The Code of Civil Procedure, 1908, the legally correct resolution is "Withdrawn". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 22 / 50 Under Order VI, Rule 18, if a party who has obtained an order for leave to amend does not amend accordingly within the time limited for that purpose, or if no time is thereby limited then within: A) 30 days B) 14 days C) 7 days D) 60 days Explanation: According to Order VI, Rule 18 of The Code of Civil Procedure, 1908, the legally correct resolution is "14 days". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 23 / 50 Under Order XX, Rule 18, where the Court passes a decree for the partition of property and the partition cannot be conveniently made without further inquiry, it may pass a: A) Consent decree B) Preliminary decree C) Ex parte decree D) Final decree directly Explanation: According to Order XX, Rule 18 of The Code of Civil Procedure, 1908, the legally correct resolution is "Preliminary decree". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 24 / 50 Under Order XX, Rule 12, in a suit for the recovery of possession of immovable property and for rent or mesne profits, the Court may pass a decree directing an inquiry as to: A) Mesne profits from the institution of the suit until the delivery of possession B) The character of the defendant C) The previous owners of the property D) The political affiliation of the plaintiff Explanation: According to Order XX, Rule 12 of The Code of Civil Procedure, 1908, the legally correct resolution is "Mesne profits from the institution of the suit until the delivery of possession". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 25 / 50 Under Order XXII, Rule 10, in cases of an assignment, creation or devolution of any interest during the pendency of a suit, the suit may, by leave of the Court, be continued by or against the: A) Person to or upon whom such interest has come or devolved B) The Court clerk C) The Government D) The original party only Explanation: According to Order XXII, Rule 10 of The Code of Civil Procedure, 1908, the legally correct resolution is "Person to or upon whom such interest has come or devolved". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 26 / 50 Under Order XXI, Rule 85, the full amount of purchase-money payable for immovable property shall be paid by the purchaser into Court before the Court closes on the: A) 15th day from the sale B) 7th day from the sale C) 30th day from the sale D) Same day Explanation: According to Order XXI, Rule 85 of The Code of Civil Procedure, 1908, the legally correct resolution is "15th day from the sale". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 27 / 50 According to Order VIII, Rule 6A, a defendant in a suit may set up any right or claim in respect of a cause of action accruing to the defendant against the plaintiff as a: A) Review petition B) Counter-claim C) Cross-appeal D) Revision Explanation: According to Order VIII, Rule 6 of The Code of Civil Procedure, 1908, the legally correct resolution is "Counter-claim". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 28 / 50 Under Order XIX, Rule 2, upon any application evidence may be given by affidavit, but the Court may order the attendance for cross-examination of the: A) Deponent B) Court officer C) Pleader D) Judge Explanation: According to Order XIX, Rule 2 of The Code of Civil Procedure, 1908, the legally correct resolution is "Deponent". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 29 / 50 Under Order XXI, Rule 46A, a notice issued to a person who is liable to pay a debt to the judgment-debtor is known as: A) Caveat B) Subpoena C) Garnishee notice D) Proclamation Explanation: According to Order XXI, Rule 46 of The Code of Civil Procedure, 1908, the legally correct resolution is "Garnishee notice". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 30 / 50 Under Order XXVI, Rule 13, where a preliminary decree for partition has been passed, the Court may issue a commission to such person as it thinks fit to: A) Arrest the parties B) Make the partition or separation according to the rights as declared in such decree C) Sell the property D) Live in the property Explanation: According to Order XXVI, Rule 13 of The Code of Civil Procedure, 1908, the legally correct resolution is "Make the partition or separation according to the rights as declared in such decree". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 31 / 50 According to Order XLVII, Rule 1, an application for review of a judgment can be made on the ground of: A) Some mistake or error apparent on the face of the record B) Any other sufficient reason C) All of the above D) Discovery of new and important matter or evidence Explanation: According to Order XLVII, Rule 1 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. 32 / 50 Under Order XXIII, Rule 3B, no agreement or compromise in a representative suit shall be entered into: A) By the plaintiff B) Without the consent of the Government C) Without paying a fine D) Without the leave of the Court expressly recorded in the proceedings Explanation: According to Order XXIII, Rule 3 of The Code of Civil Procedure, 1908, the legally correct resolution is "Without the leave of the Court expressly recorded in the proceedings". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 33 / 50 Under Order XXI, Rule 16, where a decree is transferred by assignment in writing or by operation of law, the transferee may apply for execution of the decree to: A) The Court which passed it B) The Police Station C) Any Court in the country D) The High Court Explanation: According to Order XXI, Rule 16 of The Code of Civil Procedure, 1908, the legally correct resolution is "The Court which passed it". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 34 / 50 Under Order XI, Rule 21, if any party fails to comply with any order to answer interrogatories, or for discovery or inspection of documents, and he is a plaintiff, he shall be liable to have his: A) Suit dismissed for want of prosecution B) Bank account frozen C) Written statement struck out D) Property attached Explanation: According to Order XI, Rule 21 of The Code of Civil Procedure, 1908, the legally correct resolution is "Suit dismissed for want of prosecution". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 35 / 50 Under Order VI, Rule 17, the Court may allow either party to alter or amend his pleadings: A) Only before the framing of issues B) Only at the appellate stage C) At any stage of the proceedings D) Only during the trial Explanation: According to Order VI, Rule 17 of The Code of Civil Procedure, 1908, the legally correct resolution is "At any stage of the proceedings". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 36 / 50 Under Order XVI, Rule 14, the Court may of its own accord summon as witnesses: A) Only the defendant B) The judge himself C) Only the plaintiff D) Strangers to the suit Explanation: According to Order XVI, Rule 14 of The Code of Civil Procedure, 1908, the legally correct resolution is "Strangers to the suit". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 37 / 50 Under Order XXIII, Rule 1A, where a suit is withdrawn or abandoned by a plaintiff, and a defendant applies to be transposed as a plaintiff, the Court shall consider such application if the defendant has a: A) Previous criminal record B) Substantial question to be decided as against any of the other defendants C) Good lawyer D) Lot of money Explanation: According to Order XXIII, Rule 1 of The Code of Civil Procedure, 1908, the legally correct resolution is "Substantial question to be decided as against any of the other defendants". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 38 / 50 According to Order XLVIII, Rule 1, every process issued under the CPC (English) shall be served at the expense of: A) The Court B) The Government C) The party on whose behalf it is issued D) The opposite party Explanation: According to Order XLVIII, Rule 1 of The Code of Civil Procedure, 1908, the legally correct resolution is "The party on whose behalf it is issued". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 39 / 50 Under Order XLVII, Rule 7, an order of the Court rejecting an application for review is: A) Not appealable B) Subject to second appeal C) Appealable with special leave D) Appealable Explanation: According to Order XLVII, Rule 7 of The Code of Civil Procedure, 1908, the legally correct resolution is "Not appealable". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 40 / 50 Under Order XXI, Rule 92, where no application is made to set aside the sale under rule 89, rule 90 or rule 91, or where such application is made and disallowed, the Court shall make an order: A) Adjourning the sale B) Confirming the sale, and thereupon the sale shall become absolute C) Arresting the judgment-debtor D) Canceling the sale Explanation: According to Order XXI, Rule 92 of The Code of Civil Procedure, 1908, the legally correct resolution is "Confirming the sale, and thereupon the sale shall become absolute". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 41 / 50 Under Order IX, Rule 5, if the plaintiff fails to apply for a fresh summons within one month from the date the previous summons returned unserved, the Court shall: A) Appoint a receiver B) Proceed ex parte C) Make an order that the suit be dismissed D) Extend the time automatically Explanation: According to Order IX, Rule 5 of The Code of Civil Procedure, 1908, the legally correct resolution is "Make an order that the suit be dismissed". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 42 / 50 Under Order XVI, Rule 12, if a witness fails to appear and cannot provide a lawful excuse, the Court may impose a fine not exceeding: A) 500 Taka B) 1000 Taka C) 5000 Taka D) 100 Taka Explanation: According to Order XVI, Rule 12 of The Code of Civil Procedure, 1908, the legally correct resolution is "500 Taka". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 43 / 50 Under Order XI, Rule 12, any party may apply to the Court for an order directing any other party to any suit to make discovery on oath of the: A) Names of their relatives B) Bank accounts they hold C) Previous criminal records D) Documents which are or have been in his possession or power, relating to any matter in question therein Explanation: According to Order XI, Rule 12 of The Code of Civil Procedure, 1908, the legally correct resolution is "Documents which are or have been in his possession or power, relating to any matter in question therein". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 44 / 50 Under Order XV, Rule 2, where there are more defendants than one, and any one of the defendants is not at issue with the plaintiff on any question of law or of fact, the Court may: A) Proceed ex parte against him B) At once pronounce judgment for or against such defendant C) Wait for the trial to conclude for all D) Dismiss the suit against all Explanation: According to Order XV, Rule 2 of The Code of Civil Procedure, 1908, the legally correct resolution is "At once pronounce judgment for or against such defendant". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 45 / 50 According to Order XVII, Rule 3, where any party to a suit to whom time has been granted fails to produce his evidence, or to cause the attendance of his witnesses, the Court may: A) Arrest the party B) Adjourn the suit indefinitely C) Proceed to decide the suit forthwith D) Transfer the case Explanation: According to Order XVII, Rule 3 of The Code of Civil Procedure, 1908, the legally correct resolution is "Proceed to decide the suit forthwith". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 46 / 50 Under Order XXI, Rule 84, on every sale of immovable property the person declared to be the purchaser shall pay a deposit of what percentage of the amount of his purchase-money to the officer conducting the sale? A) 50% B) 15% C) 10% D) 25% Explanation: According to Order XXI, Rule 84 of The Code of Civil Procedure, 1908, the legally correct resolution is "25%". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 47 / 50 Under Order XLVII, Rule 4, an application for review shall be rejected if: A) The opposite party objects to it B) It appears to the Court that there is not sufficient ground for a review C) The judge has been transferred D) The decree has already been appealed Explanation: According to Order XLVII, Rule 4 of The Code of Civil Procedure, 1908, the legally correct resolution is "It appears to the Court that there is not sufficient ground for a review". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 48 / 50 Under Order IX, Rule 2, the suit may be dismissed where summons is not served upon the defendant in consequence of the plaintiff's failure to: A) Hire a lawyer B) File a written statement C) Appear in court D) Pay the court-fee or postal charges for such service Explanation: According to Order IX, Rule 2 of The Code of Civil Procedure, 1908, the legally correct resolution is "Pay the court-fee or postal charges for such service". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 49 / 50 Under Order VIII, Rule 9, no pleading subsequent to the written statement of a defendant other than by way of defence to set-off or counter-claim shall be presented except: A) By order of the High Court B) By consent of the parties C) By the plaintiff as of right D) By the leave of the Court Explanation: According to Order VIII, Rule 9 of The Code of Civil Procedure, 1908, the legally correct resolution is "By the leave of the Court". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 50 / 50 Under Order XIII, Rule 1, original documents must be produced by the parties: A) At the time of final argument B) At or before the settlement of issues C) Only during cross-examination D) At the time of filing the appeal Explanation: According to Order XIII, Rule 1 of The Code of Civil Procedure, 1908, the legally correct resolution is "At or before the settlement of issues". 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 11 Next: CPC Model Test 13 âĄī¸ Facebook X LinkedIn Pinterest Messenger Messenger WhatsApp Telegram Share via Email Print
