Code of Civil Procedure, 1908 Model Test 14 (English) 0% Time limit: 30 minutes. Complete the test within time. āĻ¸āĻŽā§ āĻļā§āĻˇ āĻ§āĻ¨ā§āĻ¯āĻŦāĻžāĻĻāĨ¤ CPC Model Test 14 (English) Code of Civil Procedure, 1908 Questions: 50 Full Marks: 50 Time: 30 Minutes 1 / 50 A misjoinder or non-joinder of parties generally has what effect on a suit? A) It renders the final decree void B) It automatically defeats the suit C) It allows the defendant to file a counter-suit D) No suit shall be defeated solely by reason of it (except non-joinder of a necessary party) Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "No suit shall be defeated solely by reason of it (except non-joinder of a necessary party)". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 2 / 50 What is the primary consequence if a suit is filed in the name of the wrong person as a plaintiff due to a bona fide mistake? A) The court may strike out the name and substitute or add the right person B) The defendant is awarded compensation C) The suit is automatically dismissed D) The plaint is returned to the wrong person Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "The court may strike out the name and substitute or add the right person". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 3 / 50 What is the legal effect of a counter-claim filed by a defendant? A) It pauses the plaintiff's suit indefinitely B) It is only heard after the plaintiff's suit is fully disposed of C) It is treated as a separate cross-suit and can proceed even if the plaintiff's suit is dismissed D) It forces the plaintiff to withdraw the original suit Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "It is treated as a separate cross-suit and can proceed even if the plaintiff's suit is dismissed". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 4 / 50 Issues in a civil suit are framed by the court exactly when: A) The defendant pays the required court fees B) The plaintiff files the original plaint C) A material proposition of fact or law is affirmed by one party and denied by the other D) Both parties completely agree on a set of facts Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "A material proposition of fact or law is affirmed by one party and denied by the other". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 5 / 50 If a witness who is summoned fails to attend without a lawful excuse, the court has the power to: A) Pass a decree against the witness directly B) Grant an automatic victory to the defendant C) Issue a warrant of arrest (with or without bail) for the witness D) Strike out the plaintiff's case entirely Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "Issue a warrant of arrest (with or without bail) for the witness". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 6 / 50 A recognized agent under the Civil Procedure Code, who can make appearances and applications on behalf of a party, includes a person holding: A) A verbal authorization from the plaintiff B) A simple letter of recommendation C) A Power of Attorney D) A valid national identity card Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "A Power of Attorney". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 7 / 50 If a plaintiff intentionally omits a portion of their claim in a suit, what is the legal consequence regarding the omitted portion? A) The court will automatically add it to the decree B) They are permanently barred from suing for the omitted portion afterwards C) They can file a new suit for it later D) They can claim it during the appellate stage Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "They are permanently barred from suing for the omitted portion afterwards". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 8 / 50 If a summons is returned unserved and the plaintiff fails to apply for a fresh summons within one month, what action is the court likely to take? A) Arrest the defendant B) Serve the summons via newspaper automatically C) Make an order dismissing the suit D) Transfer the suit to another district Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "Make an order dismissing the suit". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 9 / 50 To successfully set aside an ex parte decree, the defendant must generally establish that: A) The judge was biased B) The summons was not duly served or they were prevented by sufficient cause from appearing C) They have no money to satisfy the decree D) The plaintiff's case is weak on merits Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "The summons was not duly served or they were prevented by sufficient cause from appearing". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 10 / 50 Can the court issue a commission to examine a person who is exempted from attending court (e.g., due to severe sickness or infirmity)? A) Yes, the court may issue a commission for their examination at their residence B) Only if the Supreme Court orders it C) No, their evidence is discarded D) Only if they live in another country Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "Yes, the court may issue a commission for their examination at their residence". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 11 / 50 In a suit for the recovery of money, the defendant claims that the plaintiff also owes him an ascertained sum of money legally recoverable. This claim is known as: A) A rejoinder B) Res judicata C) An injunction D) A set-off Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "A set-off". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 12 / 50 A suit is dismissed because the plaintiff failed to appear. If the plaintiff wants to restore the suit rather than file a fresh one, what must they prove to the court? A) That their lawyer was incompetent B) That the defendant is guilty C) That they have a strong case on merits D) That there was sufficient cause for their non-appearance Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "That there was sufficient cause for their non-appearance". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 13 / 50 A suit for the recovery of immovable property cannot generally be joined with other claims except: A) Claims for recovery of an unrelated personal loan B) Claims for defamation against the same defendant C) Claims for mesne profits or arrears of rent regarding that specific property D) Claims for breach of a business contract Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "Claims for mesne profits or arrears of rent regarding that specific property". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 14 / 50 Every pleading must be signed by: A) Only the appointed pleader B) The oath commissioner C) The party and his pleader (if any) D) The judge and the court clerk Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "The party and his pleader (if any)". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 15 / 50 When parties are completely agreed on the questions of fact and law at the first hearing, what can the court immediately do? A) At once pronounce judgment B) Frame additional hypothetical issues C) Demand oral evidence from witnesses D) Adjourn the case for a year Explanation: Under the statutory provisions 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. 16 / 50 If a party wishes to amend their pleadings to introduce a completely new, inconsistent, and contradictory case, what is the court's usual approach? A) It is allowed unconditionally B) It is allowed with a penalty C) It is allowed but only in the appellate stage D) It is generally refused as it alters the fundamental character of the suit Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "It is generally refused as it alters the fundamental character of the suit". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 17 / 50 What happens if the plaintiff appears but the defendant fails to appear despite the summons being duly served in time? A) The plaintiff is asked to withdraw the suit B) The court proceeds ex parte against the defendant C) The suit is dismissed D) A new summons is automatically issued Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "The court proceeds ex parte against the defendant". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 18 / 50 The condition where a plaintiff unites several causes of action against the same defendant in one single suit is: A) Considered a misjoinder of parties B) Permitted only in criminal cases C) Prohibited under all circumstances D) Legally permitted to prevent multiplicity of suits Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "Legally permitted to prevent multiplicity of suits". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 19 / 50 Which of the following is NOT a material from which a court typically frames issues? A) Allegations made in the pleadings (plaint and written statement) B) Rumors reported in local newspapers C) Contents of documents produced by parties D) Allegations made on oath by the parties or their pleaders Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "Rumors reported in local newspapers". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 20 / 50 If a party seeks an adjournment of the hearing, they must establish to the satisfaction of the court: A) Sufficient cause for the inability to proceed B) That their lawyer is on a vacation C) That they forgot the date D) That the defendant is wealthy Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "Sufficient cause for the inability to proceed". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 21 / 50 What does the term "pleading" strictly mean in civil procedure? A) The final judgment of the court B) Plaint or written statement C) Documentary evidence submitted in court D) Arguments made verbally by the lawyer Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "Plaint or written statement". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 22 / 50 If a party willfully fails to comply with an order for discovery or inspection of documents, what extreme penalty might a plaintiff face? A) Deportation from the country B) Life imprisonment C) Confiscation of all movable properties D) Dismissal of the suit for want of prosecution Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "Dismissal of the suit for want of prosecution". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 23 / 50 At what stage can a court amend or strike out issues that were wrongly framed or frame additional issues? A) Only during final arguments B) At any time before passing a final decree C) Never, once framed they are permanent D) Only at the first hearing of the suit Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "At any time before passing a final decree". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 24 / 50 The burden of paying the expenses (travel, food, etc.) of a witness summoned to court lies on: A) The State Government B) The opposing party C) The party applying for the summons D) The Court's internal fund Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "The party applying for the summons". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 25 / 50 Who generally has the "right to begin" the presentation of evidence in a civil suit? A) The Court Clerk B) The Defendant C) The Government Pleader D) The Plaintiff Explanation: Under the statutory provisions 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. 26 / 50 How is every civil suit formally instituted? A) By presenting a plaint to the Court or an appointed officer B) By making an oral complaint to the judge C) By issuing a legal notice to the opposite party D) By filing a first information report (FIR) Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "By presenting a plaint to the Court or an appointed officer". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 27 / 50 Which of the following is an essential requirement for a plaint seeking the recovery of money? A) Attaching the defendant's bank statement B) Stating the maximum jurisdiction of the court C) Including a blank cheque as security D) Stating the precise amount claimed Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "Stating the precise amount claimed". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 28 / 50 Generally, the examination-in-chief of a witness in civil trials is now submitted in what form to save court time? A) A secret document B) An affidavit C) An unsworn letter D) A pre-recorded audio tape Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "An affidavit". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 29 / 50 When numerous persons have the same interest in one suit, one person may sue on behalf of all with the permission of: A) The Court B) The Attorney General C) The Defendant D) The Government Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "The Court". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 30 / 50 If an ex parte decree is successfully set aside by the court, what is the immediate status of the suit? A) The case goes directly to the Supreme Court B) The suit is permanently closed in favor of the defendant C) The plaintiff must file a new plaint entirely D) The suit is revived and proceeds, allowing the defendant to file a written statement and contest Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "The suit is revived and proceeds, allowing the defendant to file a written statement and contest". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 31 / 50 When a suit is called for hearing and neither the plaintiff nor the defendant appears, what is the natural consequence? A) The court issues an arrest warrant for both parties B) The suit is adjourned for a month C) The suit is dismissed D) The court decrees the suit on merits Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "The suit is dismissed". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 32 / 50 Answers to interrogatories must generally be provided to the court in what format? A) Via a telephone call to the court clerk B) Oral statement in open court C) Through an unsworn written letter D) By an affidavit Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "By an affidavit". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 33 / 50 Can a defendant file a pleading subsequent to the written statement without the express leave of the court? A) Yes, if the plaintiff's lawyer has no objection B) No, under no circumstances C) No, except by way of defence to a set-off or counter-claim D) Yes, at any time before the final argument Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "No, except by way of defence to a set-off or counter-claim". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 34 / 50 What is the main purpose of the court holding a "local investigation" through an appointed commissioner? A) To elucidate any matter in dispute, ascertain property value, or calculate mesne profits B) To auction off properties C) To arrest absconding defendants D) To collect local taxes Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "To elucidate any matter in dispute, ascertain property value, or calculate mesne profits". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 35 / 50 What is the primary purpose of delivering "interrogatories" to an opposite party? A) To discover the facts and nature of the opponent's case or to obtain admissions to support one's own case B) To harass and intimidate the opposite party C) To present final arguments to the judge D) To deliberately delay the trial proceedings Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "To discover the facts and nature of the opponent's case or to obtain admissions to support one's own case". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 36 / 50 If a suit is filed in a court that lacks the territorial or pecuniary jurisdiction to try it, what is the proper order for the court to make? A) Transfer the case to the Supreme Court B) Return the plaint to be presented to the proper court C) Dismiss the suit D) Reject the plaint Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "Return the plaint to be presented to the proper court". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 37 / 50 Substituted service of summons (e.g., by affixing a copy on the defendant's outer door or publishing in a newspaper) legally holds the same effect as: A) A warrant of arrest B) A mere formal warning C) No service at all D) Personal service on the defendant Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "Personal service on the defendant". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 38 / 50 If a pleading contains unnecessary, scandalous, or frivolous matters, what action can the Court take? A) Order such matter to be struck out or amended B) Order a police investigation C) Dismiss the suit entirely without a hearing D) Send the party to civil prison Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "Order such matter to be struck out or amended". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 39 / 50 If the defendant appears but the plaintiff does not appear, and the defendant does not admit the plaintiff's claim, what shall the court do? A) Adjourn the case indefinitely B) Dismiss the suit C) Decree the suit in favor of the plaintiff D) Proceed ex parte against the plaintiff Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "Dismiss the suit". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 40 / 50 If a suit is dismissed due to the non-appearance of both parties, can the plaintiff file a fresh suit on the same cause of action? A) No, the dismissal operates as res judicata B) Yes, subject to the law of limitation C) No, unless the defendant consents D) Yes, but only with the permission of the High Court Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "Yes, subject to the law of limitation". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 41 / 50 What is the maximum statutory period typically allowed for a defendant to file a written statement after the service of summons? A) 30 working days (extendable up to 60 working days by the court) B) 90 days C) 120 days D) 15 working days Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "30 working days (extendable up to 60 working days by the court)". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 42 / 50 When a document upon which the plaintiff relies is not produced in court along with the plaint, what is the general consequence? A) The defendant automatically wins the suit B) The suit is immediately dismissed C) The plaintiff is heavily fined D) The document cannot be received in evidence later at the hearing without the Court's leave Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "The document cannot be received in evidence later at the hearing without the Court's leave". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 43 / 50 If a plaint is rejected due to undervaluation or failure to pay proper court fees, does it bar the plaintiff from filing a fresh suit on the same cause of action? A) Yes, it operates as res judicata B) No, but only if the defendant agrees C) Yes, unless the High Court gives permission D) No, it does not of its own force preclude presenting a fresh plaint Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "No, it does not of its own force preclude presenting a fresh plaint". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 44 / 50 What happens if a party who obtains an order for leave to amend their pleadings fails to do so within the time specified by the court? A) They shall not be permitted to amend after the expiration of the time, unless time is extended B) They can amend it anytime before the final judgment C) The suit is automatically decreed in their favor D) The opposing party must amend it for them Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "They shall not be permitted to amend after the expiration of the time, unless time is extended". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 45 / 50 If an allegation of fact in the plaint is not specifically denied in the written statement, what is the legal presumption? A) It is considered disputed and must be proved B) It is deemed irrelevant to the case C) The court will demand independent proof regardless D) It is taken to be admitted by the defendant Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "It is taken to be admitted by the defendant". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 46 / 50 In which scenario is a court mandated to reject a plaint outright? A) When the plaint does not disclose a cause of action B) When the plaintiff's lawyer is absent C) When the defendant fails to appear on the first day D) When the plaint is poorly typed Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "When the plaint does not disclose a cause of action". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 47 / 50 If an issue of law goes to the root of the jurisdiction of the court or constitutes a bar to the suit created by any law in force, how may the court treat it? A) Try it only at the appellate stage B) Try it as a preliminary issue before deciding the issues of fact C) Ignore it entirely D) Leave it for a jury to decide Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "Try it as a preliminary issue before deciding the issues of fact". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 48 / 50 When a party admits the truth of the whole or part of the opponent's case in pleadings or otherwise, the court can pass a judgment based on such admission. This is known as: A) Default judgment B) Judgment on admissions C) Summary judgment D) Ex parte decree Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "Judgment on admissions". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 49 / 50 Against an ex parte decree, which of the following is NOT a direct legal remedy available to the defendant? A) Applying to the same court to set aside the ex parte decree B) Filing a regular appeal against the decree C) Applying for a review of the judgment D) Filing a fresh suit to cancel the decree (unless fraud is proved) Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "Filing a fresh suit to cancel the decree (unless fraud is proved)". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 50 / 50 "De bene esse" examination of a witness refers to: A) Examining a witness after the judgment is passed B) Refusing to cross-examine a witness C) Examining a witness who is about to leave the jurisdiction of the court immediately before the regular hearing D) Examining a hostile witness Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "Examining a witness who is about to leave the jurisdiction of the court immediately before the regular hearing". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 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