Code of Civil Procedure, 1908 Model Test 13 (English)

CPC Model Test 13 (English)

Code of Civil Procedure, 1908

Questions: 50
Full Marks: 50
Time: 30 Minutes

1 / 50

Under Order XLIII, Rule 1, an appeal lies from which of the following orders?

A) An order under Rule 13 of Order IX rejecting an application to set aside a decree passed ex parte

B) An order under Rule 9 of Order IX rejecting an application to set aside the dismissal of a suit

C) An order under Rule 10 of Order VII returning a plaint

D) All of the above

2 / 50

Under Order V, Rule 9, where the defendant resides within the jurisdiction of the Court in which the suit is instituted, or has an agent resident within that jurisdiction, the summons shall be served:

A) Only by registered post

B) By the plaintiff himself

C) By the police

D) By a proper officer of the Court

3 / 50

Under Order XLI, Rule 23, where the Court from whose decree an appeal is preferred has disposed of the suit upon a preliminary point and the decree is reversed in appeal, the Appellate Court may:

A) Transfer the case to a different country

B) Arrest the trial judge

C) Dismiss the suit

D) Remand the case

4 / 50

Under Order VIII, Rule 6C, where a defendant sets up a counter-claim, the plaintiff may apply to the Court for an order that such counter-claim ought not to be disposed of by way of counter-claim but in an independent suit, at any time:

A) During the appeal

B) After the judgment

C) Never

D) Before issues are settled in relation to the counter-claim

5 / 50

Under Order XXXII, Rule 12, a minor plaintiff on attaining majority shall:

A) Be forced to settle the case

B) Have the suit automatically dismissed

C) Elect whether he will proceed with the suit or application

D) Pay a new court fee

6 / 50

Under Order XXXVIII, Rule 1, where the defendant is about to abscond or leave the local limits of the jurisdiction of the Court, the Court may order him to be arrested and brought before the Court to show cause why he should not furnish:

A) Security for his appearance

B) His passport

C) Evidence of his innocence

D) A written apology

7 / 50

Under Order XXVII, Rule 5, the Court, in fixing the day for the Government to answer to the plaint, shall allow a reasonable time for the necessary communication with the Government, which shall not be less than:

A) Three months

B) Six months

C) Two months

D) One month

8 / 50

Under Order XLI, Rule 25, if the lower Court has omitted to frame or try any issue essential to the right decision of the suit, the Appellate Court may:

A) Transfer the case

B) Arrest the lower Court judge

C) Discard the issue

D) Frame issues and refer them for trial to the Court from whose decree the appeal is preferred

9 / 50

Under Order XXI, Rule 22, a notice to show cause against execution is mandatory if the execution is applied for:

A) All of the above

B) Against the assignee of a receiver in insolvency

C) More than two years after the date of the decree

D) Against the legal representative of a party to the decree

10 / 50

Under Order XXXIV, Rule 5, where the defendant fails to make payment within the time fixed by the preliminary decree in a suit for sale, the Court shall pass a:

A) Final decree directing that the mortgaged property or a sufficient part thereof be sold

B) Decree for specific performance

C) Order to arrest the defendant

D) Order to forgive the loan

11 / 50

Under Order XIV, Rule 6, where the parties to a suit are agreed as to the question of fact or of law to be decided between them, they may state the same in the form of an issue, and enter into an agreement in writing that upon the finding of the Court in the affirmative or the negative of such issue:

A) A sum of money specified in the agreement shall be paid by one of the parties to the other

B) One or more of the parties shall do or abstain from doing some particular act

C) Some property specified in the agreement shall be delivered

D) All of the above

12 / 50

Under Order XLIV, Rule 1, any person entitled to prefer an appeal, who is unable to pay the fee required for the memorandum of appeal, may present an application accompanied by a memorandum of appeal, and may be allowed to appeal as:

A) A state guest

B) An amicus curiae

C) An indigent person (pauper)

D) A VIP

13 / 50

Under Order VII, Rule 14, where a plaintiff sues upon a document or relies upon document in his possession or power in support of his claim, he shall enter such documents in a list, and shall produce it in Court when the plaint is presented by him and shall:

A) Send it to the police

B) Keep it a secret until trial

C) Deliver the document and a copy thereof, to be filed with the plaint

D) Give it directly to the defendant

14 / 50

Under Order XXXV, Rule 5, who cannot institute an interpleader-suit to compel them to interplead with persons other than their principals or landlords?

A) Agents and tenants

B) Banks

C) Insurance companies

D) Government servants

15 / 50

Under Order VII, Rule 18, a document which ought to be produced in Court by the plaintiff when the plaint is presented, or to be entered in the list to be added or annexed to the plaint but is not produced or entered accordingly, shall not, without the leave of the Court, be received in evidence:

A) Only A and B

B) Only if it is a public document

C) Except during cross-examination of the defendant's witnesses

D) At the hearing of the suit

16 / 50

Under Order IX, Rule 13, against an ex parte decree, the defendant has the following remedies except:

A) A review application under Order XLVII, Rule 1

B) An appeal under Section 96(2)

C) An application under Order IX, Rule 13 to set it aside

D) Filing a fresh suit on the same cause of action to cancel the decree

17 / 50

Under Order XL, Rule 4, if a receiver fails to submit his accounts or fails to pay the amount due from him, the Court may direct his property to be:

A) Donated

B) Given to the plaintiff

C) Attached and sold

D) Kept in the court room

18 / 50

Under Order II, Rule 6, where it appears to the Court that the joinder of causes of action in one suit may embarrass or delay the trial or is otherwise inconvenient, the Court may:

A) Force the parties to settle

B) Arrest the plaintiff

C) Dismiss the suit

D) Order separate trials

19 / 50

Under Order XXXIX, Rule 4, any order for an injunction may be discharged, or varied, or set aside by the Court:

A) Only by the Supreme Court

B) Never

C) Only if the plaintiff agrees

D) On application made thereto by any party dissatisfied with such order

20 / 50

Under Order XXXVII, Rule 3, in a summary suit, a defendant is not entitled to defend the suit unless he:

A) Countersues the plaintiff

B) Obtains leave from the Court to appear and defend

C) Brings 5 witnesses

D) Pays the full claim immediately

21 / 50

Under Order XXXII, Rule 9, if the interest of the next friend of a minor is adverse to that of the minor, or if he is so connected with a defendant whose interest is adverse to that of the minor, the next friend may be:

A) Removed by the Court

B) Fined

C) Sent to jail

D) Forced to adopt the minor

22 / 50

Under Order XL, Rule 1, where it appears to the Court to be just and convenient, the Court may appoint a receiver of any property:

A) Only after decree

B) Only in criminal cases

C) Only before decree

D) Whether before or after decree

23 / 50

Under Order XXXIII, Rule 11, where the plaintiff fails in a pauper suit or the permission granted to him is withdrawn, the Court shall order the plaintiff to pay:

A) The judge's salary

B) The court-fees which would have been paid by the plaintiff if he had not been permitted to sue as a pauper

C) The defendant's business losses

D) A penalty of 10,000 Taka

24 / 50

Under Order XLVI, Rule 3, when a case is referred to the High Court Division under this Order, the Court making the reference shall, on receiving the copy of the judgment of the High Court Division:

A) Ignore it

B) Order a retrial

C) Appeal to the Supreme Court

D) Proceed to dispose of the case in conformity with the decision of the High Court Division

25 / 50

Under Order IX, Rule 8, where the defendant appears and the plaintiff does not appear when the suit is called on for hearing, the Court shall make an order that the suit be dismissed, unless:

A) The defendant admits the claim, or part thereof

B) The plaintiff's lawyer is on strike

C) The defendant agrees to an adjournment

D) The judge likes the plaintiff

26 / 50

Under Order XXXIX, Rule 2, in any suit for restraining the defendant from committing a breach of contract or other injury, the plaintiff may apply to the Court for a:

A) Arrest warrant against the defendant

B) Confiscation of defendant's property

C) Decree of specific performance only

D) Temporary injunction to restrain the defendant from committing the breach

27 / 50

Under Order XVII, Rule 1, what is the maximum number of times an adjournment can generally be granted to a party during the hearing of the suit (excluding exceptions like payment of cost)? (As per general CPC (English) amendments often adopted, though varies locally, typical rule restricts it)

A) Once only

B) Usually not more than three times (or as specified by local amendments to CPC (English))

C) Ten times

D) No limit

28 / 50

Under Order XXXIV, Rule 4, in a suit for sale of mortgaged property, if the plaintiff succeeds, the Court shall pass a:

A) Ex parte decree

B) Final decree directly

C) Preliminary decree

D) Rejection order

29 / 50

Under Order XIV, Rule 1, issues arise when a material proposition of fact or law is:

A) Not mentioned in the pleadings

B) Affirmed by the one party and denied by the other

C) Admitted by both parties

D) Ignored by both parties

30 / 50

Under Order XLI, Rule 5, an appeal shall not operate as a stay of proceedings under a decree or order appealed from, except so far as the Appellate Court may order. An application for stay requires the Court to be satisfied that:

A) All of the above

B) Substantial loss may result to the party applying for stay of execution

C) Security has been given by the applicant

D) The application has been made without unreasonable delay

31 / 50

Under Order XLI, Rule 24, where the evidence upon the record is sufficient to enable the Appellate Court to pronounce judgment, the Appellate Court may, after resettling the issues, if necessary:

A) Dismiss the appeal

B) Finally determine the suit

C) Ask for a fresh trial

D) Remand the suit regardless

32 / 50

Under Order XLV, Rule 3, every petition for appeal to the Appellate Division shall pray for a certificate that:

A) The case is a fit one for appeal to the Appellate Division

B) The case involves a substantial question of law as to the interpretation of the Constitution

C) The appellant is innocent

D) Either A or B

33 / 50

Under Order XXXIX, Rule 3, the Court shall in all cases, except where it appears that the object of granting the injunction would be defeated by the delay, direct notice of the application for the same to be given to the:

A) Police

B) Opposite party

C) Government

D) General public

34 / 50

Under Order XXI, Rule 11(1), where a decree is for the payment of money the Court may, on the oral application of the decree-holder at the time of the passing of the decree, order immediate execution thereof by:

A) Canceling his passport

B) Freezing his bank account automatically

C) The arrest of the judgment-debtor, prior to the preparation of a warrant if he is within the precincts of the Court

D) Selling his house immediately

35 / 50

Under Order XLI, Rule 21, where an appeal is heard ex parte and judgment is pronounced against the respondent, he may apply to the Appellate Court to re-hear the appeal if he satisfies the Court that:

A) He forgot the date

B) He did not like the trial judge

C) He was busy at work

D) The notice was not duly served or that he was prevented by sufficient cause from appearing

36 / 50

Under Order XXXIII, Rule 5, an application for permission to sue as an indigent person (pauper) shall be rejected if:

A) His allegations do not show a cause of action

B) All of the above

C) He is not an indigent person

D) He has entered into any agreement with reference to the subject-matter under which any other person has obtained an interest

37 / 50

Under Order XXI, Rule 106, an order made ex parte under rule 105 in execution proceedings may be set aside on an application if the applicant satisfies the Court that:

A) There was sufficient cause for his non-appearance

B) He forgot to come

C) He did not receive the money

D) The decree holder agreed

38 / 50

Under Order XXVII, Rule 8A, in any suit against the Government, the Court shall not require the Government to:

A) Furnish security for costs

B) Produce documents

C) File a written statement

D) Appear through a pleader

39 / 50

Under Order III, Rule 4, no pleader shall act for any person in any Court, unless he has been appointed for the purpose by such person by a:

A) Document in writing signed by such person or by his recognized agent

B) Oral instruction

C) Phone call

D) Text message

40 / 50

Under Order XVI, Rule 1A, subject to the provisions of sub-rule (3) of rule 1, any party to the suit may, without applying for summons under rule 1, bring any witness to give evidence or to produce documents:

A) On the day fixed for the hearing of the suit

B) At the appellate stage only

C) Only in criminal courts

D) Never

41 / 50

Under Order XI, Rule 15, every party to a suit shall be entitled at any time to give notice to any other party, in whose pleadings or affidavits reference is made to any document, to:

A) Give the original document permanently

B) Destroy the document

C) Produce such document for the inspection of the party giving such notice

D) Publish the document online

42 / 50

Under Order XXXII, Rule 4, any person who is of sound mind and has attained majority may act as next friend of a minor or as his guardian for the suit, provided that:

A) The interest of such person is not adverse to that of the minor

B) He is a relative of the minor

C) He is a lawyer

D) He pays the court fees

43 / 50

Under Order XX, Rule 14, in a suit to enforce a right of pre-emption, if the purchase-money and the costs (if any) are not paid into Court within the specified time, the suit shall be:

A) Adjourned

B) Decreed in favor of the plaintiff regardless

C) Referred to arbitration

D) Dismissed with costs

44 / 50

Under Order XLI, Rule 33, the Appellate Court shall have power to pass any decree and make any order which ought to have been passed or made and to pass or make such further or other decree or order as the case may require, and this power may be exercised by the Court:

A) Only in monetary matters

B) Only in favor of the appellant

C) Only if the lower court agrees

D) Notwithstanding that the appeal is as to part only of the decree and may be exercised in favor of all or any of the respondents or parties

45 / 50

Under Order XII, Rule 6, judgment on admissions can be passed:

A) Only after evidence is closed

B) Only upon application by the plaintiff

C) Only upon application by the defendant

D) Upon application of any party or of the Court's own motion

46 / 50

Under Order XX, Rule 11, the Court may incorporate in the decree, after hearing the parties who have appeared personally or by pleader at the last hearing, an order that payment of the amount decreed shall be:

A) Cancelled entirely

B) Converted to community service

C) Paid by the government

D) Postponed or made by installments

47 / 50

Under Order XXXVIII, Rule 9, where an order is made for attachment before judgment, the Court shall order the attachment to be withdrawn when:

A) Only when the plaintiff agrees

B) The defendant furnishes the security required

C) The suit is dismissed

D) Both A and B

48 / 50

Under Order XV, Rule 4, where the Court is satisfied that the parties are at issue on some question of fact or of law, and the evidence has been taken, it may:

A) Pronounce judgment at once, if the evidence is sufficient

B) Send the case to a lower court

C) Adjourn for a year

D) Frame new issues only

49 / 50

Under Order XLV, Rule 7, where the certificate is granted, the applicant shall, within the time prescribed, furnish security for the:

A) Pleader's fee only

B) Whole decreed amount

C) Travel expenses of the judges

D) Costs of the respondent

50 / 50

Under Order XLI, Rule 27, the parties to an appeal shall not be entitled to produce additional evidence, whether oral or documentary, in the Appellate Court unless:

A) For any other substantial cause

B) The Appellate Court requires any document to be produced or any witness to be examined to enable it to pronounce judgment

C) All of the above

D) The Court from whose decree the appeal is preferred has refused to admit evidence which ought to have been admitted

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Code of Civil Procedure, 1908 Model Test 13 (English)

Code of Civil Procedure, 1908

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