Code of Civil Procedure, 1908 Model Test 16 (English) 0% Time limit: 30 minutes. Complete the test within time. āĻ¸āĻŽā§ āĻļā§āĻˇ āĻ§āĻ¨ā§āĻ¯āĻŦāĻžāĻĻāĨ¤ CPC Model Test 16 (English) Code of Civil Procedure, 1908 Questions: 50 Full Marks: 50 Time: 30 Minutes 1 / 50 Order XXI, Rule 58 deals with the adjudication of claims or objections regarding attached property. The decision made by the executing court under this rule has the same force as: A) A mere administrative opinion B) A police report C) An interlocutory order D) A decree, and is subject to appeal Explanation: According to Order XXI, Rule 58 of The Code of Civil Procedure, 1908, the legally correct resolution is "A decree, and is subject to appeal". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 2 / 50 Order XVII, Rule 1 allows the Court to grant adjournments. According to general judicial principles and CPC (English), adjournments should be: A) Granted only if sufficient cause is shown and recorded in writing B) Granted as a matter of routine C) Never granted D) Granted whenever any lawyer asks for it Explanation: According to Order XVII, Rule 1 of The Code of Civil Procedure, 1908, the legally correct resolution is "Granted only if sufficient cause is shown and recorded in writing". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 3 / 50 If a witness is summoned only to produce a document, is it mandatory for them to attend court personally? A) No, they can just mail it without informing the court B) Yes, always C) No, they may cause the document to be produced to the Court by someone else D) Yes, to be cross-examined Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "No, they may cause the document to be produced to the Court by someone else". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 4 / 50 If a judgment-debtor dies before the decree has been fully executed, against whom can the decree be executed? A) The legal representative of the deceased judgment-debtor B) The Government C) It cannot be executed at all D) The local police station Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "The legal representative of the deceased judgment-debtor". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 5 / 50 To set aside a dismissal under Order IX, Rule 9, the plaintiff must satisfy the Court that: A) The lawyer was changed B) The defendant caused the absence C) There was sufficient cause for their non-appearance D) They have a very strong case Explanation: According to Order IX, Rule 9 of The Code of Civil Procedure, 1908, the legally correct resolution is "There was sufficient cause for their non-appearance". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 6 / 50 If a party deliberately provides evasive answers or refuses to answer material questions during the Court's oral examination under Order X, the Court may: A) Fine them 1,00,000 Taka B) Automatically decree the suit C) Send them to civil prison D) Postpone the hearing and, if the party still refuses, pronounce judgment against them Explanation: According to Order X of The Code of Civil Procedure, 1908, the legally correct resolution is "Postpone the hearing and, if the party still refuses, pronounce judgment against them". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 7 / 50 A plaintiff sues for mesne profits but intentionally omits to sue for the recovery of the immovable property itself. Can they later file a separate suit for the recovery of the property? A) Yes, if they pay double court fees B) Yes, because they are different causes of action C) Yes, with the permission of the defendant D) No, the subsequent suit is barred for omitting a relief arising from the same cause of action Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "No, the subsequent suit is barred for omitting a relief arising from the same cause of action". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 8 / 50 Under Order XXXIII (Suits by Indigent Persons), if the application to sue as a pauper is rejected, the applicant: A) Can never sue the defendant again B) Must serve a term in civil prison C) Is fined heavily D) Is granted time by the court to pay the requisite court fees and continue the suit Explanation: According to Order XXXIII of The Code of Civil Procedure, 1908, the legally correct resolution is "Is granted time by the court to pay the requisite court fees and continue the suit". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 9 / 50 Can the Court frame an issue based on the contents of documents produced by either party, even if that specific fact wasn't strictly in the pleadings? A) No, documentary evidence is secondary B) Yes, under Order XIV, Rule 3 C) No, issues must strictly be from pleadings only D) Yes, but only with the consent of the defendant Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "Yes, under Order XIV, Rule 3". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 10 / 50 When a minor plaintiff sues through a "next friend", and the suit is compromised, the next friend must obtain: A) The express leave of the Court, recorded in the proceedings B) The minor's written consent C) The permission of the police D) The consent of the defendant's lawyer Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "The express leave of the Court, recorded in the proceedings". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 11 / 50 Order XXVI, Rule 9 allows the court to appoint a commissioner for a local investigation. The report submitted by this commissioner is: A) Treated as the final judgment B) Discarded if any party objects C) Sent to the local police D) Considered as evidence in the suit and forms part of the record Explanation: According to Order XXVI, Rule 9 of The Code of Civil Procedure, 1908, the legally correct resolution is "Considered as evidence in the suit and forms part of the record". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 12 / 50 A suit shall abate if a sole plaintiff dies, the right to sue survives, but no application is made to substitute the legal heirs within: A) 60 days B) 30 days C) 90 days D) 120 days Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "90 days". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 13 / 50 If a party fails to produce the original documents at or before the settlement of issues, what is the consequence? A) The suit is automatically dismissed B) They shall not be received in evidence on their behalf at the hearing without the leave of the Court C) The opposite party automatically wins D) The documents are confiscated by the state Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "They shall not be received in evidence on their behalf at the hearing without the leave of the Court". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 14 / 50 When a document is admitted in evidence in a suit, the Court shall endorse on it: A) The summary of the final judgment B) The name of the judge and their personal address C) A warning to the opponent D) The number and title of the suit, name of producing party, date, and a statement of it having been so admitted Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "The number and title of the suit, name of producing party, date, and a statement of it having been so admitted". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 15 / 50 An admission of fact made by a party in their pleading is generally: A) Easily withdrawn at any time without court permission B) Conclusive proof and binding on them C) Only considered at the appellate stage D) Irrelevant unless proven by witnesses Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "Conclusive proof and binding on them". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 16 / 50 Which of the following does NOT constitute a valid ground for the "rejection" of a plaint under Order VII, Rule 11? A) The suit appears from the statement in the plaint to be barred by any law B) The plaint does not disclose a cause of action C) The plaintiff relies on a document but fails to annex it to the plaint D) The relief claimed is undervalued and the plaintiff fails to correct it within the time fixed Explanation: According to Order VII, Rule 11 of The Code of Civil Procedure, 1908, the legally correct resolution is "The plaintiff relies on a document but fails to annex it to the plaint". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 17 / 50 If a decree-holder wants to execute a money decree orally immediately after it is passed, where must the judgment-debtor be? A) In civil prison B) Anywhere in the country C) In their home D) Within the precincts of the Court Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "Within the precincts of the Court". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 18 / 50 A compromise decree passed under Order XXIII, Rule 3, which is based on a lawful agreement between the parties, is generally: A) Automatically reviewed after a year B) Open to appeal by either party C) Valid only for 6 months D) Not appealable (barred by Section 96(3)) Explanation: According to Order XXIII, Rule 3 of The Code of Civil Procedure, 1908, the legally correct resolution is "Not appealable (barred by Section 96(3))". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 19 / 50 Under Order VI, Rule 15, every pleading must be verified at the foot by: A) The pleader only B) The court clerk C) The party or by one of the parties pleading, or some other person proved to the satisfaction of the Court to be acquainted with the facts D) The oath commissioner Explanation: According to Order VI, Rule 15 of The Code of Civil Procedure, 1908, the legally correct resolution is "The party or by one of the parties pleading, or some other person proved to the satisfaction of the Court to be acquainted with the facts". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 20 / 50 In a suit for the foreclosure of a mortgage under Order XXXIV, what type of decree is passed first? A) Consent decree B) Ex parte decree C) Final decree D) Preliminary decree Explanation: According to Order XXXIV 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. 21 / 50 If the plaintiff realizes their suit must fail due to a formal defect, they may apply to withdraw the suit with liberty to file a fresh suit. Which provision allows this? A) Order IX, Rule 4 B) Order VII, Rule 11 C) Order II, Rule 2 D) Order XXIII, Rule 1(3) Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "Order XXIII, Rule 1(3)". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 22 / 50 "Mesne profits" defined under CPC (English) and dealt with in Order XX, Rule 12 refers to: A) Profits made by a lawful owner B) Those profits which the person in wrongful possession of such property actually received or might with ordinary diligence have received therefrom, together with interest C) The capital value of the property D) Future anticipated income of a legal tenant Explanation: According to Order XX, Rule 12 of The Code of Civil Procedure, 1908, the legally correct resolution is "Those profits which the person in wrongful possession of such property actually received or might with ordinary diligence have received therefrom, together with interest". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 23 / 50 When an executing court issues a "show-cause notice" before arresting a judgment-debtor for a money decree, what must the decree-holder ultimately prove to send them to civil prison? A) That the debtor lives in a big house B) That the debtor is generally a bad person C) That the debtor has the means to pay but is willfully refusing or delaying, or has committed acts of bad faith (like hiding assets) D) Simply that the money is unpaid Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "That the debtor has the means to pay but is willfully refusing or delaying, or has committed acts of bad faith (like hiding assets)". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 24 / 50 If a plaint is returned by the Court under Order VII, Rule 10 for being filed in the wrong court, what happens to the court fee already paid? A) It is forfeited entirely B) The judge personally refunds it C) The same plaint with the original court fee can be presented to the proper court D) The plaintiff must pay fresh court fees in the new court Explanation: According to Order VII, Rule 10 of The Code of Civil Procedure, 1908, the legally correct resolution is "The same plaint with the original court fee can be presented to the proper court". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 25 / 50 When an ex parte decree is passed, the defendant can apply to set it aside under Order IX, Rule 13. If the summons was actually served, what must the defendant prove? A) That they did not understand English B) That the decree is for too much money C) That they were prevented by any sufficient cause from appearing when the suit was called on for hearing D) That the plaintiff lied in court Explanation: According to Order IX, Rule 13 of The Code of Civil Procedure, 1908, the legally correct resolution is "That they were prevented by any sufficient cause from appearing when the suit was called on for hearing". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 26 / 50 An objection regarding the misjoinder or non-joinder of parties must be raised by the defendant: A) At the earliest possible opportunity, and in all cases where issues are settled, at or before such settlement B) Only in the appellate court C) During the cross-examination D) At the time of the final argument Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "At the earliest possible opportunity, and in all cases where issues are settled, at or before such settlement". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 27 / 50 To obtain a temporary injunction under Order XXXIX, Rule 1, a plaintiff must typically establish three elements: Prima facie case, balance of convenience, and: A) Proof of defendant's guilt B) Unclean hands of the plaintiff C) Wealth of the defendant D) Irreparable loss/injury if the injunction is not granted Explanation: According to Order XXXIX, Rule 1 of The Code of Civil Procedure, 1908, the legally correct resolution is "Irreparable loss/injury if the injunction is not granted". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 28 / 50 Interpleader suits (Order XXXV) are primarily filed to: A) Resolve boundary disputes between neighbors B) Claim damages for defamation C) Protect an impartial stakeholder who holds property/money claimed by two or more rival parties D) Divide family property Explanation: According to Order XXXV of The Code of Civil Procedure, 1908, the legally correct resolution is "Protect an impartial stakeholder who holds property/money claimed by two or more rival parties". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 29 / 50 If a property is sold in an execution auction, who has the right to apply under Order XXI, Rule 89 to set aside the sale by depositing the decree amount plus 5% penalty? A) Only the judge B) Only the auction purchaser C) Only the decree-holder D) Any person claiming an interest in the property sold at the time of the sale or at the time of making the application, or acting for or in the interest of such person Explanation: According to Order XXI, Rule 89 of The Code of Civil Procedure, 1908, the legally correct resolution is "Any person claiming an interest in the property sold at the time of the sale or at the time of making the application, or acting for or in the interest of such person". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 30 / 50 If the plaintiff's suit is dismissed for default of appearance under Order IX, Rule 8, the plaintiff is precluded from bringing a fresh suit on the same cause of action. However, the plaintiff can: A) Apply to the same court for an order to set the dismissal aside B) Change the name of the defendant and file again C) File a criminal case D) File a direct appeal to the Supreme Court Explanation: According to Order IX, Rule 8 of The Code of Civil Procedure, 1908, the legally correct resolution is "Apply to the same court for an order to set the dismissal aside". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 31 / 50 In a civil trial, if a party has fully closed their evidence, can they recall a witness who has already been examined? A) No, under no circumstances B) Yes, as a matter of absolute right C) No, unless the Court in its discretion allows it at any stage under Order XVIII, Rule 17 D) Yes, but only if the opponent consents Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "No, unless the Court in its discretion allows it at any stage under Order XVIII, Rule 17". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 32 / 50 During the first hearing, the Court examines the parties under Order X to: A) Record the cross-examination B) Assess the court fees C) Pass a final judgment immediately D) Ascertain what matters are exactly in dispute (admissions and denials) Explanation: According to Order X of The Code of Civil Procedure, 1908, the legally correct resolution is "Ascertain what matters are exactly in dispute (admissions and denials)". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 33 / 50 If a defendant refuses to sign the acknowledgment of the summons, the serving officer is required to: A) Return it to the court and cancel the suit B) Throw the summons inside the house C) Arrest the defendant D) Affix a copy of the summons on the outer door or some other conspicuous part of the house Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "Affix a copy of the summons on the outer door or some other conspicuous part of the house". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 34 / 50 What is the time limit for the plaintiff to file a written statement in response to a counter-claim filed by the defendant? A) 90 days B) The same timeline applies as a normal written statement (usually within 30 days) C) 7 days D) No written statement is allowed against a counter-claim Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "The same timeline applies as a normal written statement (usually within 30 days)". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 35 / 50 If an auction purchaser is obstructed from taking physical possession of the property by a third party claiming independent right/title, the purchaser can complain to the court under: A) Order XXI, Rule 97 B) Order XXI, Rule 89 C) Order XXI, Rule 58 D) Order XXI, Rule 32 Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "Order XXI, Rule 97". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 36 / 50 What is the legal consequence if a suit fully abates due to the non-substitution of the legal representative of a deceased plaintiff? A) The government takes over the suit B) The defendant is ordered to pay costs C) The legal heirs can file a fresh suit unconditionally D) No fresh suit shall be brought on the same cause of action Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "No fresh suit shall be brought on the same cause of action". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 37 / 50 If the Court suo motu (on its own motion) feels that the presence of a person is necessary to effectively adjudicate all the questions involved in the suit, it can add such person as a party under which provision? A) Order II, Rule 3 B) Order I, Rule 8 C) Order I, Rule 10(2) D) Order I, Rule 13 Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "Order I, Rule 10(2)". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 38 / 50 Where there are several defendants, and the summons is to be served, it must be served on: A) Any one of the defendants randomly B) Only the first defendant C) Each of the defendants separately D) The eldest defendant only Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "Each of the defendants separately". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 39 / 50 Attachment before judgment (Order XXXVIII, Rule 5) is ordered when the court is satisfied that the defendant is about to dispose of their property with the intent to: A) Give it to a charity B) Obstruct or delay the execution of any decree that may be passed against them C) Pay off their lawful debts D) Upgrade their business Explanation: According to Order XXXVIII, Rule 5 of The Code of Civil Procedure, 1908, the legally correct resolution is "Obstruct or delay the execution of any decree that may be passed against them". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 40 / 50 What type of issues must a court try first if they go to the root of the case? A) Issues regarding witness credibility B) Issues regarding the character of the parties C) Issues of fact related to damages D) Preliminary issues of law (e.g., jurisdiction or a bar to the suit created by any law) Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "Preliminary issues of law (e.g., jurisdiction or a bar to the suit created by any law)". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 41 / 50 The general rule for the amendment of pleadings is that the Court may allow it at any stage of the proceedings. However, an amendment is usually NOT allowed if: A) It takes away a legal right accrued to the other party by lapse of time (limitation) B) It corrects a mere spelling mistake C) It clarifies the existing cause of action D) It reduces the amount of claim Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "It takes away a legal right accrued to the other party by lapse of time (limitation)". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 42 / 50 Who generally pays for the expenses (diet money, travel) of a witness summoned to give evidence? A) The party at whose instance the summons is issued B) The Court from the fine fund C) The Government treasury D) The witness pays for themselves Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "The party at whose instance the summons is issued". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 43 / 50 Under Order XXI, Rule 90, to set aside an execution sale on the ground of material irregularity or fraud, the applicant must also prove that: A) They did not know about the auction B) They sustained substantial injury by reason of such irregularity or fraud C) The purchaser is a foreigner D) The auction took place in the afternoon Explanation: According to Order XXI, Rule 90 of The Code of Civil Procedure, 1908, the legally correct resolution is "They sustained substantial injury by reason of such irregularity or fraud". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 44 / 50 Order XXI, Rule 16 deals with the execution of a decree by a transferee. A decree can be transferred by: A) Oral agreement B) Just handing over the certified copy C) Assignment in writing or by operation of law D) Publication in a newspaper Explanation: According to Order XXI, Rule 16 of The Code of Civil Procedure, 1908, the legally correct resolution is "Assignment in writing or by operation of law". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 45 / 50 In a suit for the partition of property or separate possession of a share, if the partition cannot be conveniently made without further inquiry, the Court passes a: A) Final decree B) Preliminary decree C) Summary judgment D) Consent order Explanation: Under the statutory provisions 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. 46 / 50 "Discovery by interrogatories" primarily allows a party to: A) Call the opponent's lawyer as a witness B) Ask the opponent written questions relevant to the suit which must be answered on oath C) Ask the opponent to produce physical evidence D) Search the opponent's house Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "Ask the opponent written questions relevant to the suit which must be answered on oath". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 47 / 50 To execute a decree against a firm, the property of the partnership can be attached. Can the personal property of an individual partner be attached? A) Only if the partner is the majority shareholder B) No, never C) Yes, if they were individually served with summons as a partner and admitted or were adjudged to be a partner D) Yes, automatically in all cases Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "Yes, if they were individually served with summons as a partner and admitted or were adjudged to be a partner". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 48 / 50 A "Set-off" claimed by a defendant in their written statement must necessarily be for: A) A declaration of title B) An ascertained sum of money legally recoverable from the plaintiff C) Recovery of an immovable property D) An unliquidated claim for damages Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "An ascertained sum of money legally recoverable from the plaintiff". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 49 / 50 What happens when a minor plaintiff attains majority during the pendency of a suit? A) The court issues a new summons to the defendant B) They must elect whether to proceed with the suit or abandon it C) The suit is automatically dismissed D) The next friend is sent to jail Explanation: Under the statutory provisions of The Code of Civil Procedure, 1908, the legally correct resolution is "They must elect whether to proceed with the suit or abandon it". This is established statutory law applicable for the Bangladesh Bar Council and Judicial Service examination syllabus. 50 / 50 In a summary suit under Order XXXVII, if the defendant fails to apply for leave to defend within the stipulated time, what is the consequence? A) The court issues a fresh summons B) The allegations in the plaint are deemed admitted, and the plaintiff is entitled to a decree immediately C) The suit is transferred to a regular court D) The defendant is arrested Explanation: According to Order XXXVII of The Code of Civil Procedure, 1908, the legally correct resolution is "The allegations in the plaint are deemed admitted, and the plaintiff is entitled to a decree immediately". 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 15 Next: CPC Model Test 17 âĄī¸ Facebook X LinkedIn Pinterest Messenger Messenger WhatsApp Telegram Share via Email Print
