Code of Civil Procedure, 1908 Model Test 15 (English) 0% Time limit: 30 minutes. Complete the test within time. āĻ¸āĻŽā§ āĻļā§āĻˇ āĻ§āĻ¨ā§āĻ¯āĻŦāĻžāĻĻāĨ¤ CPC Model Test 15 (English) Code of Civil Procedure, 1908 Questions: 50 Full Marks: 50 Time: 30 Minutes 1 / 50 Appeals against certain specific orders (like an order returning a plaint or rejecting an application to set aside an ex parte decree) rather than decrees are known as: A) Revisions B) Review Petitions C) Appeals from Orders (Miscellaneous Appeals) D) Second Appeals Explanation: According to Order ic of The Code of Civil Procedure, 1908, the legally correct resolution is "Appeals from Orders (Miscellaneous Appeals)". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 2 / 50 If a person succeeds in a suit filed as an indigent person, who recovers the unpaid court fees? A) The winning lawyer pays it B) The State Government calculates and recovers it from the party ordered to pay costs in the decree C) The judge pays it from the court fund D) The fees are entirely waived forever Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "The State Government calculates and recovers it from the party ordered to pay costs in the decree". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 3 / 50 If a sole defendant dies and the right to sue survives, who must be substituted in their place to continue the suit? A) The legal representative of the deceased defendant B) The State Government C) The plaintiff's lawyer D) No one, the suit must be dismissed Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "The legal representative of the deceased defendant". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 4 / 50 What happens if a plaintiff fails to apply to bring the legal representatives of a deceased defendant on record within the time prescribed by law? A) The plaintiff is fined B) The court creates new representatives C) The suit proceeds ex parte D) The suit shall abate as against the deceased defendant Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "The suit shall abate as against the deceased defendant". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 5 / 50 If an auction sale is successfully completed, the money paid, and confirmed by the court, the sale becomes: A) Subject to the approval of the President B) Voidable at the option of the judgment-debtor C) Absolute D) Temporarily valid for one year Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "Absolute". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 6 / 50 A person in whose favor a decree has been passed or an order capable of execution has been made is called a: A) Decree-holder B) Judgment-debtor C) Amicus Curiae D) Receiver Explanation: According to Order c of The Code of Civil Procedure, 1908, the legally correct resolution is "Decree-holder". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 7 / 50 On what grounds can an auction sale of immovable property be set aside by the judgment-debtor or any person interested? A) Because the weather was bad on auction day B) Due to a material irregularity or fraud in publishing or conducting the sale that caused substantial injury C) Only because the price fetched was considered low D) Because the decree-holder changed their mind Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "Due to a material irregularity or fraud in publishing or conducting the sale that caused substantial injury". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 8 / 50 If a decree is for the payment of money, which of the following is a common mode of execution? A) Canceling the judgment-debtor's citizenship B) Forcing the judgment-debtor to work for the decree-holder C) Attachment and sale of the judgment-debtor's property D) Transferring the decree to a criminal court Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "Attachment and sale of the judgment-debtor's property". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 9 / 50 Before instituting a civil suit against the Government or a public officer in respect of an official act, what is the mandatory procedural requirement? A) Delivering a two-month prior written notice under Section 80 B) Getting a police clearance certificate C) Publishing a notice in three national newspapers D) Filing a writ petition in the High Court first Explanation: According to Section 80 of The Code of Civil Procedure, 1908, the legally correct resolution is "Delivering a two-month prior written notice under Section 80". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 10 / 50 "Rateable distribution" of assets applies when: A) Assets are held by a court and multiple decree-holders have applied for execution against the same judgment-debtor before the receipt of such assets B) The court distributes the property to local charities C) The judgment-debtor voluntarily distributes assets to avoid execution D) A single decree-holder wants property distributed among their heirs Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "Assets are held by a court and multiple decree-holders have applied for execution against the same judgment-debtor before the receipt of such assets". 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 specific movable property, if delivery of the exact property is not possible, the decree must specify: A) That the suit has failed completely B) A substitute property of the judge's choosing C) A term of imprisonment for the defendant D) The alternative amount of money to be paid to the plaintiff Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "The alternative amount of money to be paid to the plaintiff". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 12 / 50 If the appellate court finds that the trial court disposed of the suit on a preliminary point and reverses that decision in appeal, what does the appellate court typically do? A) Remand the case to the trial court with a direction to determine the suit on its full merits B) Keep the case pending forever C) Arrest the trial judge D) Dismiss the suit entirely Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "Remand the case to the trial court with a direction to determine the suit on its full merits". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 13 / 50 A "summary procedure" under CPC (English) is specifically designed for the speedy recovery of money based on: A) Claims for defamation B) Complex inheritance disputes C) Unwritten verbal agreements D) Bills of exchange, hundies, and promissory notes Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "Bills of exchange, hundies, and promissory notes". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 14 / 50 What is the fundamental principle regarding the execution of a decree? A) An executing court must re-try the case from scratch B) An executing court cannot go behind the decree and must execute it exactly as it is C) An executing court can only execute decrees of the Supreme Court D) An executing court can alter the decree if it finds it unfair Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "An executing court cannot go behind the decree and must execute it exactly as it is". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 15 / 50 The decree must agree with the judgment. What does a decree formally express? A) The summary of all oral evidence B) The behavior of the lawyers during the trial C) The detailed reasoning of the judge D) The relief granted or other final determination of the suit Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "The relief granted or other final determination of the suit". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 16 / 50 If a plaintiff abandons a suit or withdraws a claim without the permission of the court to file a fresh suit, what is the consequence? A) They are precluded from instituting any fresh suit in respect of the same subject matter B) They must pay a fine to the state C) They can appeal the withdrawal to a higher court D) They can file a fresh suit anytime without issue Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "They are precluded from instituting any fresh suit in respect of the same subject matter". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 17 / 50 Before arresting a judgment-debtor in execution of a money decree, what must the court usually issue first (unless there is fear of absconding)? A) A notice calling upon him to show cause why he should not be committed to civil prison B) A search warrant C) A proclamation of sale D) A non-bailable warrant instantly Explanation: Under the statutory provisions 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. 18 / 50 In a summary suit, how does the defendant's right to defend differ from an ordinary civil suit? A) They can file a counter-claim immediately without leave B) They have 120 days to file a written statement C) They cannot defend at all under any circumstances D) They must enter an appearance and obtain the leave of the court to defend by showing triable issues Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "They must enter an appearance and obtain the leave of the court to defend by showing triable issues". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 19 / 50 When immovable property is sold in a public auction in execution of a decree, what percentage of the purchase money must the successful bidder immediately deposit? A) 10% B) 25% C) 5% D) 100% Explanation: Under the statutory provisions 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. 20 / 50 A court may appoint a "Receiver" to: A) Hear the oral evidence instead of the judge B) Act as the next friend for a minor plaintiff C) Arrest absconding witnesses D) Manage, protect, and preserve the disputed property during the pendency of the litigation Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "Manage, protect, and preserve the disputed property during the pendency of the litigation". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 21 / 50 The remaining balance (full amount) of the purchase money for an immovable property sold in execution must be paid within how many days from the sale? A) 60 days B) 15 days C) 30 days D) 7 days Explanation: Under the statutory provisions 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. 22 / 50 A decree for specific performance of a contract or for restitution of conjugal rights CANNOT be executed by: A) Ordering the act to be done by a third party at the debtor's cost B) Civil imprisonment (for specific performance) C) Attachment of property D) Direct physical force to compel the act (e.g., forcing a spouse to physically return) Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "Direct physical force to compel the act (e.g., forcing a spouse to physically return)". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 23 / 50 In a suit by or against the Government, the recognized agent authorized to sign pleadings is typically: A) The Chief Justice B) A person formally appointed by the Government for this purpose C) Any random citizen D) The Prime Minister Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "A person formally appointed by the Government for this purpose". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 24 / 50 During a trial, if a party to whom time was granted to produce evidence fails to do so on the adjourned date, the court may: A) Send the party to civil prison B) Proceed to decide the suit forthwith on the available record C) Grant unlimited adjournments without cause D) Transfer the suit to another judge Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "Proceed to decide the suit forthwith on the available record". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 25 / 50 "Reference" under the Civil Procedure Code refers to: A) Referring a case to a private mediator B) A lawyer referring a complicated case to another lawyer C) Using a reference book during trial arguments D) A subordinate court referring a doubtful question of law to the High Court Division for its opinion Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "A subordinate court referring a doubtful question of law to the High Court Division for its opinion". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 26 / 50 What is a "Garnishee" order in the context of execution? A) An order to sell agricultural produce B) An order appointing a receiver for a company C) An order directing a debtor of the judgment-debtor to pay the debt directly into court D) An order to garnish the wages of the decree-holder Explanation: According to Order i of The Code of Civil Procedure, 1908, the legally correct resolution is "An order directing a debtor of the judgment-debtor to pay the debt directly into court". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 27 / 50 What essential elements must a judgment in a regular civil suit contain? A) Only the final order granting or denying relief B) A detailed biography of the parties involved C) A concise statement of the case, the points for determination, the decision thereon, and the reasons for such decision D) A list of previous cases handled by the lawyers Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "A concise statement of the case, the points for determination, the decision thereon, and the reasons for such decision". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 28 / 50 A judgment of a civil court must be pronounced: A) Through a newspaper publication only B) By the court clerk in the absence of the judge C) In the judge's private chambers secretly D) In open court, either at once or on a future specified date Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "In open court, either at once or on a future specified date". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 29 / 50 Arrest or attachment "before judgment" is an extraordinary remedy intended to: A) Prevent the defendant from absconding or removing their property from the court's jurisdiction to defeat a future decree B) Recover court fees early C) Force the defendant to confess D) Punish the defendant before the trial concludes Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "Prevent the defendant from absconding or removing their property from the court's jurisdiction to defeat a future decree". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 30 / 50 An appeal from an appellate decree (commonly known as a Second Appeal) normally lies only on the grounds of: A) A substantial question of law B) Credibility of the witnesses C) A substantial question of fact D) Inadequacy of damages awarded Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "A substantial question of law". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 31 / 50 A suit where the real dispute is not between the plaintiff and the defendants, but between the defendants themselves claiming the same property/debt held by the plaintiff is called: A) An interpleader suit B) A partition suit C) A summary suit D) A representative suit Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "An interpleader suit". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 32 / 50 If a party deliberately disobeys a temporary injunction order, the court may punish them by: A) Attaching their property and/or detaining them in civil prison for up to six months B) Deporting them from the country C) Sentencing them to death D) Canceling their business trade license Explanation: According to Order XXXIX (Temporary Injunction) of The Code of Civil Procedure, 1908, the legally correct resolution is "Attaching their property and/or detaining them in civil prison for up to six months". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 33 / 50 Which of the following is considered a valid legal ground for seeking a review of a judgment? A) Discovery of new and important evidence which could not be produced earlier despite due diligence, or a mistake/error apparent on the face of the record B) The losing party found a more experienced lawyer C) The party simply dislikes the judge's reasoning D) The opposing party died after the judgment was pronounced Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "Discovery of new and important evidence which could not be produced earlier despite due diligence, or a mistake/error apparent on the face of the record". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 34 / 50 Does filing an appeal automatically operate as a stay of the execution of the original decree? A) Yes, completely and automatically B) No, an appeal does not operate as a stay unless the Appellate Court explicitly orders it C) Yes, but only for a period of 30 days D) Yes, if the appellant is a wealthy individual Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "No, an appeal does not operate as a stay unless the Appellate Court explicitly orders it". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 35 / 50 What happens to the attachment of property if the decree is fully satisfied by payment or the execution petition is dismissed? A) The attachment is deemed to be withdrawn/lifted automatically B) The court sells it anyway to pay its own administrative fees C) It remains attached permanently D) The property belongs to the state Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "The attachment is deemed to be withdrawn/lifted automatically". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 36 / 50 A civil suit instituted by a minor must be filed in their name through an adult person known as: A) The receiver B) The amicus curiae C) The guardian ad litem D) The next friend Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "The next friend". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 37 / 50 A person who does not possess sufficient means to pay the required court fee for a plaint is referred to in the CPC (English) as: A) A judgment-debtor B) A bankrupt C) An insolvent D) An indigent person (pauper) Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "An indigent person (pauper)". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 38 / 50 A temporary injunction is primarily granted by the court to: A) Arrest the defendant immediately B) Permanently resolve the title dispute over a property C) Transfer property to the plaintiff without trial D) Maintain the status quo and prevent property from being wasted, damaged, or alienated pending the final decision of the suit Explanation: According to Order XXXIX (Temporary Injunction) of The Code of Civil Procedure, 1908, the legally correct resolution is "Maintain the status quo and prevent property from being wasted, damaged, or alienated pending the final decision of the suit". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 39 / 50 If a decree-holder wants to bid at the auction of the attached property, what must they do? A) Bring a proxy bidder secretly B) Obtain express permission from the executing Court C) Relinquish their decree completely D) Pay double the highest price Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "Obtain express permission from the executing Court". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 40 / 50 If a third party claims that the property attached in execution actually belongs to them and not the judgment-debtor, what must the executing court do? A) Proceed to adjudicate upon the claim or objection B) Arrest the third party for interfering with court process C) Sell the property and give the money to the third party D) Ignore the claim entirely Explanation: Under the statutory provisions 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. 41 / 50 When parties mutually settle a dispute outside the court during the pendency of a suit, what should the court do upon being satisfied of the lawful compromise? A) Record the compromise and pass a decree in accordance with it (Consent Decree) B) Adjourn the case for five years C) Force them to go to trial anyway D) Reject it as invalid Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "Record the compromise and pass a decree in accordance with it (Consent Decree)". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 42 / 50 A "preliminary decree" is typically passed first in which type of suits? A) Suits for breach of a simple employment contract B) Suits for defamation C) Suits for partition, partnership accounts, or mortgage foreclosure D) Suits for simple money recovery Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "Suits for partition, partnership accounts, or mortgage foreclosure". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 43 / 50 An application for "Review" of a judgment is filed before: A) The Supreme Court only B) A special administrative tribunal C) The District Judge D) The exact same Court/Judge that passed the decree or made the order Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "The exact same Court/Judge that passed the decree or made the order". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 44 / 50 What is the legal effect on a pending suit if a sole plaintiff dies but the "right to sue" survives? A) The defendant is arrested B) The suit permanently abates C) The suit is automatically decreed in favor of the deceased D) The suit shall not abate, and the legal representative can be brought on record to continue Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "The suit shall not abate, and the legal representative can be brought on record to continue". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 45 / 50 In an interpleader suit, what does the plaintiff primarily seek? A) Full ownership of the disputed property B) Damages for breach of contract C) To divide the property equally among all defendants D) To be indemnified and have the rival claimants fight it out, claiming no interest for themselves other than costs Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "To be indemnified and have the rival claimants fight it out, claiming no interest for themselves other than costs". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 46 / 50 Who represents a minor defendant in a civil suit to protect their interests during the litigation? A) A guardian for the suit (guardian ad litem) appointed by the court B) The court clerk C) The plaintiff's lawyer D) The next friend Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "A guardian for the suit (guardian ad litem) appointed by the court". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 47 / 50 To successfully obtain a stay of execution from an Appellate Court, the applicant must usually show: A) That substantial loss may result if no stay is granted, the application is made without delay, and security has been furnished B) That the trial judge was inexperienced C) That they have hired a senior lawyer D) That they are filing an interpleader suit Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "That substantial loss may result if no stay is granted, the application is made without delay, and security has been furnished". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 48 / 50 Does the marriage of a female plaintiff or female defendant cause the suit to abate? A) No, the suit may proceed to judgment B) Yes, automatically C) Yes, unless her husband joins the suit D) Yes, if she changes her surname Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "No, the suit may proceed to judgment". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 49 / 50 A memorandum of appeal must strictly be accompanied by: A) The entire trial court physical record B) Affidavits of all witnesses from the lower court C) A copy of the decree appealed from and (usually) the judgment D) A fresh plaint stating the cause of action again Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "A copy of the decree appealed from and (usually) the judgment". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 50 / 50 Are parties generally allowed to produce new/additional evidence (oral or documentary) in the Appellate Court? A) No, unless the lower court improperly refused to admit it, or the appellate court requires it to pronounce judgment B) Yes, but only oral evidence C) No, under zero circumstances D) Yes, whenever they want Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "No, unless the lower court improperly refused to admit it, or the appellate court requires it to pronounce judgment". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 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