Code of Civil Procedure, 1908 Model Test 18 (English)

Time Allowed30 Minutes

Total Questions50 MCQs

Total Marks50 Marks

Negative Marking-0.25 Marks

Qualifying Mark50% Pass

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Carefully select one correct option for each multiple-choice question.
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Time limit: 30 minutes. Complete the test within time.

সময় শেষ ধন্যবাদ।

CPC Model Test 18 (English)

Code of Civil Procedure, 1908

Questions: 50
Full Marks: 50
Time: 30 Minutes

1 / 50

Under Section 55, when a judgment-debtor is arrested in execution of a money decree and brought before the Court, the Court shall inform him that he may:

A) Appeal the original decree immediately

B) Transfer his property to his wife

C) Leave the country

D) Apply to be declared an insolvent

2 / 50

The rule of "Res Sub Judice" under Section 10 of the CPC (English) prohibits the court from:

A) Proceeding with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit

B) Passing an ex parte decree

C) Hearing an appeal

D) Instituting a new suit

3 / 50

According to Order XXII, Rule 1, the death of a plaintiff or defendant does NOT cause the suit to abate if:

A) The parties are wealthy

B) The lawyer agrees to continue for free

C) The court fees were already paid

D) The right to sue survives

4 / 50

In an interpleader suit (Order XXXV), the real dispute is between:

A) Two different courts

B) The plaintiff and the government

C) The plaintiff and the court

D) The defendants themselves, who claim the same debt, sum of money, or property from the plaintiff

5 / 50

The "Inherent Powers" of the Court under Section 151 of the CPC (English) are:

A) Powers strictly limited to granting injunctions

B) Powers saved by this section to make orders necessary for the ends of justice or to prevent abuse of the process of the Court

C) Powers used to override express provisions of the CPC (English)

D) Newly created powers by this section

6 / 50

An order refusing to set aside an ex parte decree (Order IX, Rule 13) is:

A) Not challengeable

B) Appealable as an "Appeal from Order" under Order XLIII, Rule 1

C) Dealt with by a second suit

D) Subject only to a writ petition

7 / 50

An order allowing or refusing the amendment of pleadings under Order VI, Rule 17 is generally:

A) An interlocutory order, generally subject to revision rather than direct appeal

B) A decree

C) An original suit

D) A final judgment

8 / 50

The doctrine of "Res Judicata" (Section 11) applies to:

A) Only the defendant

B) Only the plaintiff

C) Both the plaintiff and the defendant to prevent multiplicity of proceedings

D) Only third parties

9 / 50

A mandatory two-month prior written notice must be served before filing a civil suit against the Government or a public officer. This is required under:

A) Section 151

B) Section 10

C) Section 115

D) Section 80

10 / 50

Order XXVI, Rule 9 allows the Court to issue a commission for local investigation. The primary purpose is to:

A) Evict a tenant

B) Arrest the defendant

C) Elucidate any matter in dispute or ascertain the market value of property

D) Distribute relief goods

11 / 50

To be declared an "indigent person" (pauper) under Order XXXIII, Rule 1, a person must lack the sufficient means to pay:

A) Their daily living expenses

B) The lawyer's fees

C) Their business debts

D) The fee prescribed by law for the plaint in such suit

12 / 50

Restitution under Section 144 is granted when a decree is reversed or varied in appeal. The application for restitution must be made to:

A) The local police

B) The Appellate Court

C) The Supreme Court

D) The Court which passed the decree of the first instance

13 / 50

If a plaintiff successfully withdraws a suit without seeking the court's permission to file a fresh one (Order XXIII, Rule 1), what happens?

A) He must pay double court fees next time

B) He can file an appeal

C) He is permanently barred from instituting a fresh suit in respect of the same subject matter

D) The suit remains pending indefinitely

14 / 50

Order XXI, Rule 58 provides for the adjudication of claims by third parties objecting to the attachment of property. The order made upon such adjudication has the force of:

A) An affidavit

B) A decree

C) An FIR

D) A simple notice

15 / 50

Section 47 of the CPC (English) mandates that all questions arising between the parties relating to the execution, discharge, or satisfaction of the decree shall be determined by:

A) Filing a separate new suit

B) The Court executing the decree and not by a separate suit

C) The Supreme Court

D) The Appellate Court

16 / 50

Under Section 35 of the CPC (English), the awarding of "costs" is:

A) Prohibited in family matters

B) At the discretion of the Court

C) Mandatory in favor of the plaintiff

D) Fixed by the government

17 / 50

Under Section 89A of the CPC (English) (as applicable in Bangladesh), referring a civil suit to "Mediation" after the filing of the written statement is:

A) Not allowed in civil suits

B) Mandatory for the Court

C) Only for criminal cases

D) Optional for the Court

18 / 50

Which of the following is NOT a mode of executing a decree under Section 51?

A) By arrest and detention in prison

B) By attachment and sale

C) By delivery of any property specifically decreed

D) By physical torture

19 / 50

Section 96(2) provides that an appeal may lie from an original decree passed:

A) Ex parte

B) By a mediator

C) By the Supreme Court

D) With the consent of parties

20 / 50

Under Order II, Rule 2, if a plaintiff omits to sue for a portion of their claim, what is the consequence?

A) They can sue for it later in a separate suit

B) They will be fined

C) The court will add it later automatically

D) They shall not afterwards sue in respect of the portion so omitted

21 / 50

Under Section 75, the Court has the power to issue a commission for all the following purposes, EXCEPT:

A) To make a partition

B) To examine any person

C) To arrest the defendant

D) To make a local investigation

22 / 50

"Reference" under Section 113 and Order XLVI means a subordinate court refers a case to the High Court Division for its opinion on:

A) A question of fact

B) The character of the parties

C) How much cost to award

D) A question of law or validity of any Act/Ordinance that is necessary for the disposal of the case

23 / 50

Attachment before judgment (Order XXXVIII) is an extraordinary measure used by the Court primarily to:

A) Harass the defendant's family

B) Punish the defendant before trial

C) Pay the lawyer's fees

D) Prevent the defendant from disposing of or removing property from the Court's jurisdiction to defeat a prospective decree

24 / 50

A "Receiver" appointed under Order XL, Rule 1 acts as:

A) A substitute judge

B) An officer of the Court to manage and protect the disputed property impartially

C) A representative of the plaintiff

D) A spy for the defendant

25 / 50

Under Section 96(3), no appeal shall lie from a decree passed by the Court:

A) In a partition suit

B) Ex parte

C) With the consent of parties

D) Against a minor

26 / 50

Under Order XLI, Rule 27, when can an Appellate Court allow the production of additional evidence?

A) Never

B) Only for the plaintiff

C) Only if the lower court improperly refused to admit it, or the Appellate Court requires it to pronounce judgment

D) Whenever a party requests it

27 / 50

In Bangladesh, under Order VIII, Rule 1, what is the absolute maximum time limit for filing a written statement after the service of summons?

A) 120 days

B) 60 working days (30 days + max 30 days extension)

C) 30 working days

D) 90 working days

28 / 50

A decree must explicitly specify the:

A) Relief granted or other determination of the suit

B) Questions asked in cross-examination

C) Emotions of the parties

D) Entire testimony of the witnesses

29 / 50

Under Order XXI, Rule 32, if a party willfully disobeys a decree for specific performance of a contract, the decree can be executed by:

A) Canceling the contract

B) Attachment of his property or detention in the civil prison, or both

C) Ordering a retrial

D) Forgiving the defendant

30 / 50

Rejection of a plaint under Order VII, Rule 11 is deemed to be a "Decree" under Section 2(2). Does it preclude the plaintiff from presenting a fresh plaint on the same cause of action?

A) Yes, absolutely

B) Yes, unless the High Court gives permission

C) No, subject to the law of limitation (Order VII, Rule 13)

D) No, but only after paying a heavy fine

31 / 50

Under Section 15 of the CPC (English), every suit shall be instituted in the Court of the:

A) High Court Division

B) Lowest grade competent to try it

C) Highest grade competent to try it

D) District Judge directly

32 / 50

Order IX, Rule 13 allows a defendant to apply to set aside an ex parte decree. Generally, under the Limitation Act (Art. 164), what is the time limit for making this application from the date of the decree or knowledge of it?

A) 15 days

B) 30 days

C) 90 days

D) 60 days

33 / 50

What happens if a suit abates due to the failure to substitute the legal heirs of a deceased plaintiff within the limitation period?

A) The defendant is penalized

B) A fresh suit can be filed without restrictions

C) The court acts as the legal heir

D) No fresh suit can be brought on the same cause of action

34 / 50

An application for "Review" (Order XLVII) lies to:

A) The High Court Division

B) The District Magistrate

C) The same Court/Judge which passed the decree or made the order

D) The Supreme Court Appellate Division

35 / 50

Under Order XXXIX, Rule 1, a temporary injunction is granted to:

A) Declare title

B) Maintain the status quo and prevent property from being wasted, damaged, or alienated during the pendency of the suit

C) Give the property to the plaintiff permanently

D) Order specific performance

36 / 50

According to Order XLI, Rule 5, does the mere filing of an appeal automatically stay the execution of the lower court's decree?

A) No, it does not operate as a stay unless the Appellate Court specifically orders it

B) Yes, for 15 days

C) No, unless the police order it

D) Yes, always

37 / 50

Under Section 148 of the CPC (English) (as amended in Bangladesh), the Court can extend any time fixed or granted by it for doing an act by a maximum total period of:

A) 15 days

B) 30 days

C) 60 days

D) 90 days

38 / 50

Order I, Rule 8 deals with "Representative Suits". For such a suit to proceed, who must be given notice of the institution of the suit?

A) Only the defendants

B) The Government

C) All persons so interested (usually by public advertisement)

D) The Supreme Court

39 / 50

Under Section 144 (Restitution), if a decree is reversed on appeal, the successful party is entitled to be restored to the position they would have occupied if the wrong decree had not been passed. They can claim:

A) Imprisonment of the opposing party

B) A written apology

C) The property along with damages, compensation, and mesne profits

D) Only the property back

40 / 50

Who represents a minor defendant in a suit to protect their interests?

A) The plaintiff

B) Next friend

C) A police officer

D) Guardian for the suit (Guardian ad litem) appointed by the Court

41 / 50

Section 152 allows for the correction of:

A) Clerical or arithmetical mistakes in judgments, decrees, or orders arising from any accidental slip or omission

B) Wrong appreciation of evidence

C) Jurisdictional limits

D) Substantive legal errors in a judgment

42 / 50

A minor can institute a civil suit only through an adult person acting on their behalf, legally termed as the:

A) Guardian ad litem

B) Next friend

C) Receiver

D) Amicus curiae

43 / 50

If a person disobeys a temporary injunction order, what penalty can the court impose under Order XXXIX?

A) Attachment of their property and detention in civil prison

B) Cancellation of their citizenship

C) Suspension of their driver's license

D) Death penalty

44 / 50

Revisional Jurisdiction (Section 115) is exercised by the High Court Division (or District Judge) primarily to correct:

A) Jurisdictional errors, illegality, or material irregularity committed by a subordinate court

B) Clerical mistakes only

C) Spelling errors in the plaint

D) Questions of fact

45 / 50

Which of the following is a valid ground for Review under Order XLVII?

A) The lawyer made a bad argument

B) Discovery of new and important evidence which could not be produced earlier despite due diligence

C) The losing party feels sad

D) The judge was transferred

46 / 50

Under the residuary rule for territorial jurisdiction (Section 20), a suit can be instituted where:

A) The cause of action, wholly or in part, arises

B) The defendant actually and voluntarily resides, or carries on business

C) The plaintiff decides

D) Either A or B

47 / 50

A suit for the partition of immovable property must be instituted in the court within whose local limits:

A) The plaintiff resides

B) The property is situated

C) The contract was signed

D) The defendant resides

48 / 50

"Issues" under Order XIV are framed based on:

A) The arguments of the lawyers

B) Material propositions of fact or law affirmed by one party and denied by the other

C) Police investigation

D) Newspaper reports

49 / 50

Section 151 (Inherent Powers) can be invoked by the Court:

A) Only when there is no specific provision in the CPC (English) to meet the ends of justice or prevent abuse of process

B) To hear criminal cases

C) To bypass clear statutory rules in the CPC (English)

D) To change the jurisdiction of courts

50 / 50

Under Order XXIII, Rule 1, a plaintiff may withdraw his suit with the liberty to institute a fresh suit on the same cause of action only if:

A) He feels he is losing

B) The lawyer changes

C) The defendant requests it

D) The Court grants permission because the suit must fail by reason of some formal defect or sufficient grounds

The average score is 0%

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Code of Civil Procedure, 1908 Model Test 18 (English)

Code of Civil Procedure, 1908

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